OF THE City and County of San Francisco PREPARED AND PROPOSED BY THE BOARD OF FREEHOLDERS Elected Deqember 27, 1897, in pursuance of the provisions of Section 8, Article XI, of the Constitution of ~ the State of California. Ratified by Vote of the People, May 26, 1898. Approved by the Legislature of the State, January 26, 1899. In full Force and Effect, January 8, 1900. With Amendments adopted at Special Election December 4, 1902 (in effect February 5, 1903), and Amendments adopted November 5, 1907 (in effect November 22 and November 23, 1907). Published by authority of the Board of Supervisors. JOHN E. BEHAN, Clerk. Carlisle & Co., Printers, 1130 Mission Street, San Francisco, California, ®) oo t— Board of Freeholders president: JOSEPH BRITTON. JEROME A. ANDERSON, JAMES BUTLER, H. N. CLEMENT, A. COMTE, Jr., ALFRED CRIDGE, L. R. ELLERT, ISIDOR GUTTE, p. h. McCarthy, JOHN NIGHTINGALE, Jr., JOHN C. NOBMANN, JOSEPH O’CONNOR, LIPPMANN SACHS, EDWARD R. TAYLOR, A. W. THOMPSON. Secretary, J. Rich’d Freud. Committees 1. BOUNDARY, RIGHTS AND LIABILITIES Nobmann, Thompson and McCarthy. 2. THE LEGISLATIVE DEPARTMENT Ellert, Anderson, Taylor and Cridge. 3. FINANCE, REVENUE AND TAXATION Sachs, Ellert and Comte. 4. THE EXECUTIVE DEPARTMENT Comte, Ellert and Nightingale. 5. THE JUDICIAL DEPARTMENT Clement, Comte and Taylor. 6. DEPARTMENT OF PUBLIC WORKS Taylor, Ellert and Gutte. 7. PUBLIC SCHOOLS AND LIBRARIES O’Connor, Nightingale, McCarthy and Comte. 8. POLICE AND CORRECTION Britton, Sachs, Nobmann and Butler. 9. THE FIRE DEPARTMENT Gutte, Clement and McCarthy. 10. THE HEALTH DEPARTMENT Anderson, Nightingale and Taylor. 11. DEPARTMENT OF ELECTIONS Butler, Nobmann and Thompson. 12. PUBLIC UTILITIES Cridge, Anderson and Britton. 13. CIVIL SERVICE AND SALARIES McCarthy, Clement and Gutte. 14. MISCELLANEOUS AND SCHEDULE Nightingale, Taylor and Comte. 15. REVISION Thompson, Taylor, O’Connor, Cridge and Anderson. CONTENTS Page ARTICLE I—Boundaries, Rights and Liabilities. 1 ARTICLE II—Legislative Department. Chapter I—The Board of Supervisors. 3 II—Powers of the Supervisors. 9 III—Contracts . 20 ARTICLE III—Finance and Taxation. Chapter I—Levying of Taxes. 24 II—The Several Funds. 28 III— The Custody of Public Moneys. 30 IV— Payment of Claims. 34 ARTICLE IV—Executive Department. Chapter I—Mayor . 35 II—Auditor . 37 III— Treasurer . 39 IV— Assessor . 43 V—Tax Collector. 44 VI—Coroner . 45 VII—Recorder . 46 ARTICLE V—Legal Department. Chapter I—Superior Court Judges. 47 II—City Attorney . 47 III— District Attorney . 48 IV— Public Administrator. 50 V—County Clerk . 50 VI—Sheriff . 51 VII—Justices’ Court . 51 VIII—Police Court . 52 IX—San Francisco Law Library. 56 ARTICLE VI—Department of Public Works. Chapter I—Board of Public Works. 57 II—Improvement of Streets. 66 III—Opening of Streets. 86 TV—Sewers and Drainage. 93 V—Harbors and Wharves. 95 VI—Change of Grades. 95 ARTICLE VII—Public Schools and Libraries. Chapter I—Board of Education. 103 II—Schools . 104 III— Powers of Board of Education. 104 IV— Superintendent of Schools. 107 V—School Tax Levy. 109 VI—School Houses and Lots. 110 VII—Public Library and Reading Rooms. Ill CONTENTS ARTICLE VIII—Police Department, Chapter I—Organization . 113 II—Police Commissioners . 114 III— Powers of the Board. 115 IV— Chief of Police. 116 V—Subordinate Officers. 117 VI—Police Officers . 119 VII—Promotions. Suspensions and Dismissals. 119 VIII—Unclaimed and Stolen Property. 120 IX—Present Police Force. 121 X—Police Relief and Pension Fund. 121 ARTICLE IX—Fire Department. Chapter I—Organization and Powers. 125 II—Duties of Commissioners. 126 III— The Chief Engineer . 127 IV— Fire Companies . 128 V—Fire Marshal . 129 VI—Fire Wardens. 130 VII—Firemen 7 s Relief Fund. 130 VIII—Salaries . 132 IX—Department of Electricity. 133 ARTICLE X—Department of Public Health. 134 ARTICLE XI—Department of Elections. Chapter I—Board of Election Commissioners. 137 II—Municipal Elections . 138 ARTICLE XII—Acquisition of Public Utilities. 139 ARTICLE XIII—Civil Service . 148 ARTICLE XIV—Park Commissioners . 153 ARTICLE XIV-A—Playground Commissioners . 157 ARTICLE XV—Bonds of Officials. 160 ARTICLE XVI—Miscellaneous . 162 SCHEDULE . 171 CHARTER OF THE City and County of San Francisco Provided for by Section 8 of Article XI of the Constitution of the State of California. Proposed by a Board of Freeholders, elected December 27, 1897 Ratified by the Electors, May 26, 1898. Approved by the Legislature January 26, 1899 (Statutes 1899, page 241) In full force and effect January 8, 1900. Amended at a special election held December 4, 1902. Amendments approved by the Legislature February 5, 1903, (Statutes 1903, page 586) Also amended at the municipal election, held November 5, 1907. Amendments approved by the Legislature (special session) November 22 and 23, 1907. ARTICLE I. BOUNDARIES, RIGHTS AND LIABILITIES. Name and Powers of City and County. Section 1. The municipal corporation known as the City and County of San Francisco shall remain and continue a body politic and corporate in name and in fact, by the name of the City and County of San Francisco, and by that name shall have perpetual succession; may sue and defend in all courts and places and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy real and personal property; receive bequests, gifts and donations of all kinds of property, in fee simple, or in trust for charitable and other purposes, and do all acts necessary to carry out the pur¬ poses of such gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust. Boundaries. Sec. 2. The boundaries of the City and County of San Fran¬ cisco are hereby declared to be those set forth in Section Thirty- Nine Hundred and Fifty of the Political Code of California. Rights. Sec. 3. The City and County of San Francisco shall continue, under this Charter, to have, hold and enjoy all property, rights of 2 Charter of the City and County of San Francisco property, rights of action of every nature and description of the existing- municipality and is hereby declared to be the successor of the same. Actions by or Against the City and County. Sec. 4. Suits, actions and proceedings ma y p e brought in the name of the City and County for the recovery of any property, money or thing belonging thereto, in law or equity, or dedicated to public use therein, or for the enforcement of any rights of, or contracts with, the City and County, whether made or arising or accruing before or after the adoption of this Charter. All exist¬ ing suits, actions and proceedings in the courts or elsewhere, to which the City and Count} 7 is a party, shall continue to be carried on by or against the City and County. Liability for Damages by Reason of Defective Sidewalks, Etc. Sec. 5. No recourse shall be had against the-City and County for damage or loss to person or property suffered or sus¬ tained by reason of the defective condition of any sidewalk, street, avenue, lane, alley, court or place, or bv reason of the defective condition of any sewer, or by reason of any defective drainage, whether any of said defects originally existed, or whether they were occasioned by construction, excavation or embankment; nor shall there be any recourse against the City and County for want of repair of any sidewalk, street, avenue, lane, alley, court or place, or by want of repair of any sewer; nor shall there be any recourse against the City and County for damage to person or property suffered or sustained by reason of accident on any side¬ walk, street, avenue, lane, alley, court or place, or by falling from any embankment thereon or into any excavation therein; but in any such case the person or persons on whom the law may have imposed the obligation to repair such defect in the sidewalk, street or public highway, or in the sewer, and also the officer or officers through whose official negligence such defect remains un¬ repaired, shall be jointly and severally liable to the party injured for the damage sustained; provided, that notice in writing of the existence of such defect shall have been served upon such person or persons, officer or officers, at least ten days before such damage shall have been sustained; and, provided t further, that there are at such time funds available for repairing such defect.— As amend¬ ed November 5, 1907, approved by the Legislature November 23, 1907, (Statutes Special Session, 1907, page 54). Article II, Chapter I, Legislative Department 3 ARTICLE II. LEGISLATIVE DEPARTMENT. CHAPTER I. THE BOARD OF SUPERVISORS. Legislative Power. Section 1. The legislative power of the City and County of San Francisco shall he vested in a legislative body, which shall be designated the Board of Supervisors. Such body is also desig¬ nated in this Charter, the Supervisors. Supervisors: Term. Qualifications. Sec. 2. The Board of Supervisors shall consist of eighteen members, all of whom shall hold office for two years and be elected from the City and County at large. Each one must be at the time of his election an elector of the City and County, and must have been such for at least five years next preceding his election. Each Supervisor shall receive an annual salary of twelve hundred dol¬ lars. Every person who has served as Mayor of the City and County, so long as he remains a resident thereof, shall be entitled to a seat in the Board of Supervisors and to participate in its debates, but shall not be entitled to a vote nor to any compensation. Quorum. Sec. 3. A majority of all the members of the Board shall consti¬ tute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the Board may prescribe. Powers of the Board of Supervisors. Sec. 4. The Board shall: Appointments. 1. Appoint a clerk, sergeant-at-arms and, when authorized to do so by ordinance, such additional clerks and other assistants as may be deemed necessary. Rules. 2. Establish rules for its proceedings. Journal. 3. Keep a journal of its proceedings, and allow the same to be published. The ayes and noes shall on demand of any member be taken and entered therein. Decorum. 4. Have authority to punish its members for disorderly or con¬ temptuous behavior in its presence. Presiding Officer. Sec. 5 . The Mayor shall be the presiding officer of the Board of Supervisors. In the absence of the Mayor the Board shall appoint a presiding officer pro tempore from its own members, who shall have the same right to vote as other members. 4 Charter of the City and County of San Francisco Meetings: Time and Place. Sec. 6. The Board shall meet on Monday of each week, or if that day be a legal holiday, then on the next day. The Board shall not adjourn to any other place than to its regular place of meeting, except in case of great necessity or emergency. The meetings of the Board shall be public. Clerk of the Board: Duties and Powers. Sec. 7. The clerk of the Board, when requested to do so, shall administer oaths and affirmations, without charge, in all matters pertaining to the affairs of his office, and shall perform such services as may be prescribed by the Board. He shall have the custody of the seal, and of all leases, grants and other documents, records and papers of the City and County. His signature shall be necessary to all leases, grants and conveyances of the City and County. Ordinances: Enactment and Passage. Sec. 8. Every legislative act of the City and County shall be by ordinance. The enacting clause of every ordinance shall be in these words: “Be it ordained by the People of the City and County of San Francisco as follows/’ No ordinance shall be passed except by bill, and no bill shall be so amended as to change its original purpose. Bills and Resolutions: Final Adoption. Sec. 9. No bill shall become an ordinance, nor resolution be adopted, unless finally passed by a majority of all the members of the Board and the vote be taken by ayes and noes and the names of the members voting for and against the same be entered in the Journal. Revision and Amendment. Sec. 10. No ordinance shall be revised, re-enacted or amended by reference to its title; but the ordinance to be revised or re¬ enacted, or the section thereof amended, shall be re-enacted at length as revised and amended. Subject and Title. Sec. 11. An ordinance shall embrace but one subject, which subject shall be expressed in its title. If any subject be embraced in an ordinance and not expressed in its title, such ordinance shall be void only as to so much thereof as is not expressed in its title. Reconsideration: Franchises. Sec. 12. When a bill is put upon its final passage in the Board and fails to pass, and a motion is made to reconsider, the vote upon such motion shall not be acted upon before the expiration of twenty-four hours after adjournment. No bill for the grant of any franchise shall be put upon its final passage within ninety days after its introduction, and no franchise shall be renewed before one year prior to its expiration. Every ordinance shall, after amendment, be laid over for one week before its final pas¬ sage. Article II, Chapter I, Legislative Department 5 Advertisement of Bills and Resolutions. Sec. 13. Every bill or resolution providing for any specific improvement, or the granting of any franchise or privilege, or involving the lease, appropriation or disposition of public prop¬ erty, or the expenditure of public money, except sums less than two hundred dollars, or levying any tax or assessment, and every ordinance providing for the imposition of a new duty or penalty, shall, after its introduction, be published in the official news¬ paper with the ayes and noes, for at least five successive days (Sundays and legal holidays excepted) before final action upon the same. If such bill be amended, the bill as amended shall be advertised for a like period before final action thereon. But in cases of great necessity the officers and heads of departments may, with the consent of the Mayor, expend such sums of money, not to exceed two hundred dollars, as shall be necessary to meet the requirements of such necessity. Veto of Separate Items by the Mayor. Sec. 14. If any bill be presented to the Maj^or containing sev¬ eral items appropriating money or fixing a tax levy, he may object to one or more items separately, while approving other portions of the bill. In such case he shall append to the bill at the time of signing it a statement of the item or items to which he objects and the reasons therefor, and the item or items so objected to shall not take effect unless passed notwithstanding the Mayor’s objection. Each item so objected to shall be separately reconsid¬ ered by the Board in the same manner as bills which have been disapproved by the Mayor. When Ordinances Take Effect. Sec. 15. No ordinance shall take effect until ten days after its passage unless otherwise provided in such ordinance. Approval or Disapproval of Mayor. Sec. 16. Every bill and every resolution as hereinbefore pro¬ vided, which shall have passed the Board and shall have been duly authenticated, shall be presented to the Mayor for his approval. The Mayor shall return such bill or resolution to the Board within ten days after receiving it. II he approve it he shall sign it and it shall then become an ordinance. If he disapproves it he shall specify his objections thereto in writing. If he does not return it with such disapproval within the time above specified, it shall take effect as if he had approved it. The objections of the Mayor shall be entered at large in the Journal of the Board, and the Board shall, after five and within thirty days after such bill or resolution shall have been so returned, reconsider and vote upon the same. If the same shall, upon reconsideration, be again passed by the affirmative vote of not less than fourteen members of the Board, the presiding officer shall certify that fact on the bill or resolution, and when so certified, the bill shall become an ordi¬ nance with like effect as if it had been approved by the Mayor. 6 Charter of the City and County of San Francisco If the bill or resolution shall fail to receive the vote of fourteen members of the Board it shall be deemed finally lost. The vote on such reconsideration shall be taken by ayes and noes and the names of the members voting for and against the same shall be entered in the Journal. Deposit of All Ordinances. Sec. 17. All ordinances and resolutions shall be deposited with the Clerk of the Board, who shall record the same at length in a suitable book. Repeal of Ordinances. Sec. 18. No ordinance shall be repealed except by ordinance adopted in the manner hereinbefore set out, and such ordinance shall be presented to the Mayor for his approval as hereinbefore provided. Demands for Payment of Money. Sec. 19. Except as provided in Chapter III of Article III of this Charter, all demands payable out of the treasury must, be¬ fore they can be approved by the Auditor or paid by the Treas¬ urer, be first approved by the Board of Supervisors. All demands for more than two hundred dollars shall be presented to the Mayor for his approval, in the manner hereinbefore provided for the passage of bills or resolutions. All resolutions directing the payment of money other than salaries or wages, when the amount exceeds five hundred dollars, shall be published for five successive days (Sundays and legal holidays excepted) in the official news¬ paper. Adoption of Ordinances, by Initiative. Sec. 20. Whenever there shall be presented to the Board of Election Commissioners a petition signed by a number of voters ecpial to fifteen per centum of the votes cast at the last preceding State or City and County election, asking that an ordinance to be set forth in such petition, be submitted to a vote of the electors of the City and County, the Board of Election Commis¬ sioners must submit such proposed ordinance to the vote of the electors at the next election. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of resi¬ dence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to admin¬ ister oaths, that the statements therein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereto subscribed. The tickets used in such election shall contain the words “FOR THE ORDINANCE” (stating the nature of the proposed ordi¬ nance) and “AGAINST THE ORDINANCE” (stating the nature of the proposed ordinance). If a majority of the votes cast upon such ordinance shall be in favor of the adoption thereof, the Board of Election Commission- Article II, Chapter I, Legislative Department 7 ers shall, within thirty days from the time of such election, pro¬ claim such fact; and upon such proclamation such ordinance shall have the same force and effect as an ordinance passed by the Supervisors and approved by the Mayor, and the same shall not be repealed by the Supervisors. But the Supervisors may submit a proposition for the repeal of such ordinance, or for amendments thereto, for vote at any succeeding election; and should such proposition, so submitted, receive a majority of the votes cast thereon at such election, such ordinance shall be re¬ pealed or amended accordingly. Referendum Vote Required. Sec. 21. Except as otherwise provided in the Constitution of the State, or as otherwise provided in this Charter, every ordi¬ nance involving the granting by the City and County of any franchise for the supply of light or water, or for the lease or sale of any public utility, or for the purchase of land of more than fifty thousand dollars in value, must be submitted to the vote of the electors of the City and County at the election uext ensuing after the adoption of such ordinance. The tickets used at such election shall contain the words “FOR THE ORDINANCE” (stating the nature of the proposed ordi¬ nance) and “AGAINST THE ORDINANCE” (stating the nature of the proposed ordinance). If a majority of the votes cast upon such ordinance shall be in favor of the adoption thereof, the Board of Election Commis¬ sioners shall, within thirty days from the time of such election, proclaim such fact: and upon such proclamation such ordinance shall have the same force and effect as an ordinance passed by the Supervisors and approved by the Mayor. No such franchise, or lease or sale of any public utility, or pur¬ chase of land, shall be of any force or effect except, it be made by ordinance, and such ordinance be adopted by the people as in this section provided. Amendments to Charter hy Petition. Sec. 22. Whenever there shall be presented to the Supervisors a petition signed by a number of voters equal to fifteen per centum of the votes cast at the last preceding State or municipal election, asking that an amendment or amendments to this Char¬ ter.. to be set out in such petition, be submitted to the people, the Board must submit to the vote of the electors of the City and County the proposed amendment or amendments. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of resi¬ dence. giving the street and number. One of the signers of each such paper shall make oath before an officer competent to ad¬ minister oaths that the statements made therein are true and that each signature to such paper appended is the genuine signature of the person whose name purports to be thereto subscribed. 8 Charter of the City and County of San Francisco The Board of Election Commissioners must make all necessary provision for submitting the proposed amendment or amendments to the electors at a special election to he called by it, and shall canvass the vote in the same manner as in other cases of election. All the provisions of the Constitution of the State embracing the subject in this section provided for are hereby expressly made ap¬ plicable to such proposed amendment or amendments. But if at any time there shall be no constitutional provision or provisions under which this Charter may be amended, then the aforesaid amendment or amendments must be submitted by the Board of Election Commissioners to the vote of the electors of the City and County at the election which next ensues after such petition is filed with the Supervisors, if any such election is not to be held within sixty days after the filing of such petition. The tickets used at such election shall contain the words “FOR THE AMENDMENT” (stating the nature of the proposed amend¬ ment) and “AGAINST THE AMENDMENT” (stating the nature of the proposed amendment). If a majority of the votes cast upon such amendment or amend¬ ments shall be in favor of the adoption thereof, the Board of Election Commissioners shall, within thirty days from the time of such election, proclaim such fact, and thereupon this Charter shall be amended accordingly. Recall of Elected Officials. Petition for Removal of Officer. Election: How Conducted. Sec. 23. The holder of any elective office may be removed at an*y time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an in¬ cumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least 30 per centum of the entire vote cast at the election at which the officer sought to be removed was elected demanding the election of a successor to the person sought to be removed, shall be filed with the Board of Election Commissioners; provided, that the petition sent to the Board of Election Commissioners shall contain a general statement of the grounds for which the removal is sought. The petition shall be presented, and the signatures there¬ to shall be authenticated and verified as in this Charter provided, in relation to petitions for the submission of Charter amendments and ordinances to the electors. If the petition shall be found to be sufficient, the Board of Elec¬ tion Commissioners shall transmit the same to the Board of Super¬ visors without delay, and attach thereto their certificate showing the result of said examination. The Board of Supervisors shall thereupon call a special election, fix the date for holding the same, which date shall be not less than thirty days nor more than forty [Article II, Chapter II, Legislative Department 9 days from the date of the reception of said petition and certificate from the Board of Election Commissioners. The Board of Election Commissioners shall make or cause to be made publication of notice and all arrangements for holding such election, and the same shall be conducted, returned, and the result thereof declared in all respects as are other municipal elec¬ tions. The successor of any officer so removed shall hold office during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself; and unless he requests otherwise in writing, the Board of Election Commis¬ sioners shall place his name on the official 1 ballot without nomi¬ nation. In any such removal election, the candidate receiving the highest number of votes shall be declared elected. At such elec¬ tion, if some other person than the incumbent receive the highest number of votes, the incumbent shall thereupon be deemed re¬ moved from the office, upon qualification of his successor. In case the party who receives the highest number of votes should fail to qualify within ten days after receiving notification of his election, the office shall be deemed vacant. If the incumbent receives the highest number of votes, he shall continue in office.— New section added by amendment adopted November 5, 1907, approved by the Legislature November 23, 1907 ( Statutes Special Session , 19CC, page 34.) CHAPTER II. POWERS OF THE SUPERVISORS. Section 1 . Subject to the provisions, limitations and restric¬ tions in this Charter contained, the Board of Supervisors shall have power: Local Laws. 1. To ordain, make and enforce within the limits of the City and County all necessary local, police, sanitary and other laws and regulations. Use of Streets. 2. Except as otherwise provided in this Charter, or in the Con¬ stitution of the State of California, to regulate and control for any and every purpose, the use of the streets, highways, public thoroughfares, public places, allej^s and sidewalks of the City and County. Permits for Spur Tracks on Streets. 3. To permit the laying down of spur or side tracks and running cars thereon for industrial purposes only, for the purpose of connecting warehouses, manufactories, or other busi¬ ness industries and enterprises with the Belt Line of railroads along the water front or other lines of railroad which now or may hereafter enter the City and County, subject to such regulations and conditions as may be prescribed from time to time by said 10 Charter of the City and County of San Francisco Board of Supervisors; such tracks to be used for transportation of freight only, and not to be used as a main line or a part thereof; and also for the purpose of excavating and filling in a street or portion of a' street or the adjoining land, and for such limited time as ma}^ be necessary for such purpose and no longer. Such tracks must be laid level with the street and must be operated under such restrictions as not to interfere with the use of such streets by the public. All permits granted under the pro¬ visions hereof shall be revocable at the pleasure of the Board of Supervisors. All spur or side tracks laid down and in use on the first day of July, 1907, shall be deemed to have been laid down and to be in use by permission of the Board of Supervisors, sub¬ ject to the provisions of this section.— As amended November 5, 1907, approved by the Legislature November 23, 1907 (Statutes Special Session 1907, page 55.) Street Sweepings. 4. To empower street railway companies, under such condi¬ tions as the Board may see fit to impose, to convey street sweep¬ ings and offal to the public parks. Fire Limits. 5. To fix the limits within which wooden buildings or struc¬ tures shall not be erected, placed or maintained, and to prohibit the same within such limits. Such limits when once established shall not be changed except by extension. Nuisances. 6. To provide for the abatement or summary removal of any nuisance and to condemn and to prevent the occupancy of unsafe structures. Passenger Vehicles. 7. To regulate the use of hackney carriages and public pas¬ senger vehicles, and to fix the rates to be charged for the trans¬ portation of persons or personal baggage. Public Pound. 8. To provide a public pound and to make all necessary rules and regulations in the matter of animals running at large, and for the custody and destruction of the same. Morgue. 9. To provide and maintain a morgue. Places for Detention. 10. To provide for places for the detention of witnesses and persons charged with insanity, separate and apart from places where criminals or persons. accused of public offenses are im¬ prisoned. Prisons, Hospitals and Almshouses. 11. To establish, maintain and regulate, and change, discon¬ tinue and re-establish City and County jails, prisons and houses of detention, punishment, confinement and reformation, hospitals and almshouses: Article II, Chapter II, Legislative Department 11 Acquire Property. 12. To purchase or acquire by condemnation such property as may be needed for public use. Water, Heat, Light, Power, Etc. 13. Except as otherwise provided in this Charter, to regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephonic and tele¬ graphic service to the City and County, and to acquire, regulate and control any and all appliances for the sprinkling and clean¬ ing of the streets of the City and County, and for flushing the sewers therein. Regulation of Public Utility Rates. 14. To fix and determine by ordinance in the month of Feb¬ ruary of each year, to take effect on the first day of July there¬ after, the rates or compensation to be collected by any person, company or corporation in the City and County, for the use of water, heat, light, power or telephonic service, supplied to the City and County, or to the inhabitants thereof, and to prescribe the quality of the service.— As amended November 5, 1907, ap¬ proved by the Legislature November 23, 1907 ( Statutes Special Session, 1907, page 55). License Taxes, Exemption. 15. To impose license taxes and to provide for the collection thereof; but no license taxes shall be imposed upon any person who, at any fixed place of business in the City and County, sells or manufactures goods, wares or merchandise, except such as require permits from the Board of Police Commissioners as provided in this Charter. Fines and. Penalties. 16. To prescribe fines, forfeitures and penalties for the breach of any ordinance; but no penalty shall exceed the amount of five hundred dollars or six months’ imprisonment, or both. Fees. 17. To fix the fees and charges for all official services not other¬ wise provided for in this Charter. Fourth of July. Memorial Day. 18. To allow not to exceed two thousand five hundred dollars in any year for the celebration of the anniversary of our National Independence, and not to exceed five hundred dollars in any year for the observance of Memorial Day. Cruelty to Animals. 19. To appropriate such sums as may be paid into the treasury from fines collected on conviction of persons charged with cruelty to animals, and to authorize the payment of the same or some part thereof to any society that shall efficiently aid in such convictions. Interpreters’ Compensation. 20. To provide for the payment of compensation to the inter¬ preters appointed by the Judges of the Superior Court to interpret 12 Charter of the City and County of San Francisco testimony in criminal cases in said Court or the Police Court, or upon inquests and examinations. Such compensation shall not exceed one hundred dollars a month for each interpreter. Rewards to Catch Criminals. 21. To offer rewards not exceeding one thousand dollars in any one instance for the apprehension and conviction of any person who may have committed a felony in the City and County, and to authorize the payment thereof. Sewer System Fund. 22. To provide in the annual tax levy for a special fund to be used in the construction of a general system of drainage and sewerage. Official Seals. 23. To provide a Seal for the City and County, and Seals for the several departments, boards anrl officers thereof, and a Seal for the Police Court. Hcurs and Wages of Laborers. 24. To fix the hours of labor or service required of all laborers in the service of the City and County, and to fix their compensa¬ tion; provided that eight hours shall be the maximum, hours of labor in any calendar day, and that the minimum w^ages of labor¬ ers shall be two dollars a day. Boulevards. 25. To set apart as a boulevard or boulevards any street or streets, or portions of a street or streets, over which there is no existing franchise for any street railroad. Tunnels. 26. To construct or. permit the construction of tunnels, under such rules and regulations as the Board may prescribe. Regulation of Street Railways. 27. To regulate street railroads, tracks and cars; to permit two or more lines of street railways, operated under different man¬ agements, to use the same street, each paying an equal portion for the construction and repair of the tracks and appurtenances used by said railways jointly for such number of blocks consecutively, not exceeding ten blocks, to fix, establish and reduce the fares and charges for transporting passengers and goods thereon; to regu¬ late rates of speed, and to pass ordinances to protect the public from danger or inconvenience in the operation of such roads. -As amended December 4, 1902, approved by the Legislature February 5, 1903 ( Statutes 1903, page 586) . Entry to the City of Steam Railroads, 28. To allow any transcontinental or other railroad company having not less than fifty miles of road actually constructed and in operation to enter the City and County with its road and run its cars to the water front at the most suitable point for public convenience. No exclusive right shall be granted to any railroad Article II, Chapter II, Legislative Department 13 company; and the use of all such rights shall at all times be sub¬ ject to regulation by the Supervisors. Every ordinance granting such right shall be upon the condi¬ tions that said company shall pave and keep in repair the street from curb to curb in such a manner and with such material as may from time to time be prescribed by the Supervisors, and that such compamr shall allow any other railroad company to use in common with it the same track or tracks, each paying an equal portion for the construction and repair of the tracks and appur¬ tenances used by such railways jointly, Conveyance of Lands. 29. To convey lands in accordance with the provisions of the Act of the Legislature of the State of California, entitled “An Act to expedite the settlement of land titles in the City and County of San Francisco, and to ratify and confirm the acts and proceed¬ ings of certain of the authorities thereof,” approved March 14, 1870. Trusts. 30. To provide for the execution of all trusts confided to the City and County. Vacant. Lots. 31. To transfer from one department of the City Government vacant and unused lots of land to another department. Lease of Lands of the City. 32. To provide for the lease of any lands now or hereafter owned by the City and County; but all leases shall be made at public auction to the highest responsible bidder at the highest monthly rent, after publication of notice thereof for at least three weeks. No lease shall be authorized except by ordinance passed by the affirmative vote of two-thirds of the members of the Board, and approved by the Mayor, and no lease shall be made for a longer period than twenty years. Sale of Useless Property. 33. To provide for the sale at public auction, after advertising for five days, of personal property unfit or unnecessary for the use of the City and County. Purchase of Property, 34. To provide for the purchase of property levied upon or under execution in favor of the City and County; but the amount bid on such purchase shall not exceed the amount of judgment and costs. Mayor’s Contingent Fund. 35. The Supervisors must appropriate annually to the Mayor thirty-six hundred dollars as and for a contingent fund, for which he need furnish no vouchers. To Aid Indigent and Exempt Firemen. 36. To allow not to exceed the sum of five thousand dollars a year for the relief of aged, indigent and infirm exempt firemen 14 Charter of the City and County of San Francisco who served in the Volunteer Fire Department between the years 1850 and 1860 . — As amended December 4, 1902, approved by tin 3 Legislature February 5, 1903 ( Statutes, 1903, page 580';. Equalization Board. Sec. 2. The Supervisors shall constitute the Board of Equali¬ zation of the City and County. The Clerk of the Supervisors shall be Clerk of the Board of Equalization by virtue of his office. Finance Committee: Duties and Powers. Sec. 3. The Board of Supervisors shall appoint from its mem¬ bers a committee consisting of three to be denominated Finance Committee, and shall fill all vacancies in the Committee. The Committee shall investigate the transactions and accounts of all officers having the collection, custody or disbursement of public money, or having the power to approve, allow, or audit demands on the treasury; shall have free access to any records, books and papers in all public offices: shall have power to administer oaths and affirmations, and to examine witnesses, and compel their at¬ tendance before them by subpoena. The Committee may at any time visit any of the public offices and make its examinations and investigations therein without hindrance. The Committee must, at least once in every six months, examine the official bonds of all City and County officers, and investigate the sufficiency and solvency of the sureties thereon, and report in writing the facts to the Mayor. Such report shall specify each bond with the sureties, and the amounts for which each surety is bound, and state whether or not they are sufficient and solvent. Upon such report the Mayor shall take such action as shall be necessary to protect the City and County, and may require new bonds when necessary, and he may suspend any officer till a suffi¬ cient bond is filed and approved. Expert Books of Quasi-Public Corporations. Misdemeanors in Office. Sec. 4. The Finance Committee shall have power, and it shall be its duty, to examine the records and examine and expert the books of account of all persons, companies or corporations that are required to pay a portion of their gross receipts into the treas¬ ury: and shall likewise, as an aid to the fixing of rates for fur¬ nishing water and light to the City and County and to the inhabit¬ ants thereof, have like power, and it shall be its duty, to examine the records and examine and expert the books of account of any and all persons, companies or corporations so furnishing water or light. In the exercise of its functions, the concurrence of two members of the Committee shall be deemed sufficient. The Committee shall keep a record of its proceedings with the names of the witnesses examined and a substantial statement of the evidence taken. If, from the examination made by the Committee, it shall appear that a misdemeanor in office, or a defalcation, has been committed by Article II, Chapter II, Legislative Department 15 an officer, the Committee shall immediately report to the Mayor, who, if he approve the report, shall take such proceedings against such officer as are authorized by law, and may suspend him pend¬ ing such proceedings. Any police officer shall execute the process and orders of the Committee. No Exclusive Franchise. Sec. 5, No exclusive franchise or privilege shall be granted for laying pipes, wires or conduits. Street Railway Franchises: Method of Granting. Sec. 6. The Board of Supervisors shall have power to grant au¬ thority for a term not exceeding twenty-five years to construct and operate street railways upon, or over, or under, the streets or parts of streets of the City and County not reserved for boule¬ vards or carriage driveways, upon the following conditions and in the following manner and none other: Upon application being made to the Board for any such fran¬ chise. it shall by resolution determine whether such franchise or any part thereof should be granted, and at said time shall determine on what conditions the same shall be granted additional to those conditions provided in this Chapter. After such determination, it shall cause notice of such application and resolution to be adver¬ tised in the official newspaper of the City and County for ten con¬ secutive days. Such advertisement must be completed not less than twenty nor more than thirty days before any further action is taken by the Board on such application. The advertisement must state the character of the franchise sought, the term of its proposed continuance, and the route to be traversed; that sealed bids will be received up to a certain hour on a day to be named in the advertisement; and a further statement that no bids will be received of a stated amount, but that all bids must be for the paj^ment to the City and County in lawful money of the United States of a stated percentage of the gross annual receipts of the person, company or corporation to whom the franchise may be awarded, arising from its use, operation, enjoyment or possession. Every bidder shall file with his bid a bond executed to the City and County, with at least two good and sufficient sureties to be approved by the Mayor in a penal sum prescribed by the Super¬ visors, and set forth in such advertisement, conditioned that such bidder will well and truly observe, fulfill and perform each and all of the conditions, terms and obligations of the franchise for which said application was made in case the same shall be awarded to him, and that in case of the breach of any of the conditions of such bond, the whole amount of the penal sum therein named shall be taken to be liquidated damages, and that as such shall be recoverable from the principal and sureties on such bond. At the next regular session after the expiration of the time stated in such advertisement up to which such bids will be re- 16 Charter of the City and County of San Francisco ceived, the Board must open such bids and award the franchise to the person, company or corporation offering to pay the high¬ est stated percentage of the gross receipts arising from the use, operation, possession or enjoyment of the franchise for which such application was made. But no award shall be made, nor any such application granted, unless the stated percentage offered to be paid for the franchise shall be at least three per centum of such gross receipts during the first five years of the period for which the franchise is to be granted, four per centum of the gross receipts during the next succeeding ten years, and five per cen¬ tum of the gross receipts during the next succeeding ten years. Except as in this section otherwise provided, bidding for such franchises must be in accordance with the provisons of this Char¬ ter in relation to bids made to the Board of Public Works, so far as such provisions may be applicable. The Supervisors may reject any and all bids, and may refuse to grant a franchise foi.* any part of the route for which application was made. Every ordinance making such grant shall require the concurrence of three-fourths of all the members of the Board of Supervisors, as shown by the ayes and noes, and the approval of the Mayor, and at least ninety days shall intervene between the introduction and final passage of any such ordinance. It shall require a vote of five-sixths of all the Supervisors to pass the ordinance notwithstanding the objec¬ tions of the Mayor. If any bid be accepted, the franchise must be granted upon the express condition, in addition to the conditions required by this Charter, and such other conditions as may be prescribed by the Supervisors, that the per centum of the gross receipts of the rail¬ way shall be paid into the treasury on or before the tenth day of the next ensuing month after such gross receipts shall have been earned; and upon the further condition that the whole of the rail¬ way shall be continuously operated, and that at the end of the term the road-track and bed of such railway and all its stationary fixtures upon the public streets, shall become the property of the City and County; and that the grantees will, within one hundred days after the date of such grant, commence the construction of such railway, and continuously thereafter, in each and every month until the completion thereof, expend in such construction at least the sum of three thousand dollars. The failure to comply with any of said conditions shall work an immediate forfeiture of such franchise and the road or track constructed thereunder. There shall be no power in the Super¬ visors to relieve from such forfeiture or from any of said condi¬ tions. On or before the tenth day of each month after said re¬ ceipts shall have been earned, the President and Secretary of said railway company shall make and file with the Clerk of the Board of Supervisors a sworn statement of the gross receipts of such railway for the preceding month. Article II, Chapter II, Legislative Department 17 In granting any such franchise the Board of Supervisors shall impose such other lawful conditions as it may deem advisable, and must expressly provide that the franchise shall not be renewed or regranted, and that the Board shall at all times have the power to regulate the rates of fare to be charged by those using, operat¬ ing, possessing or enjoying the franchise, and that the Finance Committee of the Board shall at all times be permitted to examine and expert their books as to such gross receipts. All moneys re¬ ceived for such franchises and in payment of the said per centum shall be credited to the General Fund. Electric Power and Lighting Franchises. Conditions and Manner of Grant¬ ing Same. Sec. 7. The Supervisors shall have no power to grant fran¬ chises or privileges to erect poles or wires for transmitting elec¬ tric power or for lighting purposes along or upon any public street or highway of the City and County except upon all the con¬ ditions and in the manner, including competitive bidding and pay¬ ment of a percentage of gross receipts, hereinbefore set out, and upon the further condition that the Board shall at all times have the right to regulate the charges of any person, company or cor¬ poration using, enjoying or possessing such franchise or privilege. When, on the expiration of any street railroad franchise, it shall be deemed inexpedient by the Board to use any of the prop¬ erty reverting to it by reason of such expiration in the operation of a street railroad, then the Board shall have power to lease such property to any person, company or corporation after the notice, on the terms, and in the manner above provided as to the granting of street railroad franchises, as far as the same may be applicable. But no ordinance authorizing such lease shall be passed prior to ninety days next preceding the expiration of such franchise. Any ordinance granting a franchise or authorizing a lease un¬ der the provisions of this section shall be in force from and after the expiration of thirty days from the date of its signature by the Mayor, or from and after the expiration of thirty days from the date of its passage by the Supervisors over his objections, unless within said thirty days a petition signed by a number of the electors of the City and County equal to fifteen per centum of the votes cast at the last preceding election shall have been filed with the Supervisors, asking that said ordinance be submitted to the vote of the people. In such case said ordinance shall be submitted at the next election to the vote of the electors of the City and County, and unless said ordinance shall at said election receive in its favor a majority of the votes cast thereon it shall have no force or effect for any purpose. If a majority of the votes be in favor of such ordinance, the Board of Election Com¬ missioners shall, on the conclusion of the canvass of the vote thereon, proclaim such fact, and upon such proclamation said ordinance shall have full force and effect as of the date afore- 18 Charter of the City and County of San Francisco said. Said petition and submission shall be made in accordance with the provisions ot' section twenty of Chapter I of this Article. Claims for Damages Against the City. Sec. 8. All claims for damages against the City and County must be presented to the Board of Supervisors and filed with the Clerk within six months after the occurrence from which the damages are claimed to have arisen; otherwise there shall be no recovery on any such claim. Sales of Certain Lands and Procedure Therefor. Sec. 9. The City and County of San Francisco shall have power to sell all lands owned by the City and County between Ninth street and Eighteenth street, lying in what was formerly Mission Creek, and any and all lands that may be hereafter ac¬ quired, excepting lands for parks, squares and children’s play¬ grounds, and the Board of Supervisors of said City and County may by ordinance determine that the public interest or necessity demands the sale of such lands, so owned or held by the City and County. Such ordinance must describe the lands to be sold, and the terms of sale, which must be for cash in United States gold coin. The land may be sold in one parcel or in subdivisions, as the Super visors may, in such ordinance, determine, and sales shall be made by the Mayor, as hereinafter provided. Every such sale must be at public auction, unless the Super¬ visors shall, in and by such ordinance, determine that all or a por¬ tion of such lands shall be sold at private sale. When a sale at public auction is to be had, the Clerk of the Board of Supervisors must give notice thereof by publishing the same in the official newspaper, and one other daily newspaper pub¬ lished in the City and County, at least three weeks successively next before the sale, which said notice shall describe the lands to be sold, with common certainty. Such sales at public auction must be made in the City and County, and must be between the hours of 9 o’clock in the morn¬ ing and 5 o’clock in the afternoon, and must be made on the day named in the notice of sale, unless the same is postponed. When it shall have been determined by the Supervisors, as hereinbefore provided, that the sale of such lands shall be at pri¬ vate sale, a notice shall be published in the official newspaper, and one other daily newspaper published in the City and County, for two weeks successively next before the day on or after which the sale is to be made, and the land and tenements to be sold must be described therein with common certainty. The notice must state a day on or after which the sale will be made, and must state that all bids or offers will be received by the Mayor of the City and County, at his office. The day last referred to must be at least fifteen days from the first publication of notice; and the sale must not be made before that day, but must be made within six Article II. Chapter II, Legislative Department 19 months thereafter. The bids or offers must be in writing, and must be filed with the Mayor, at his office. No si le of real estate at private sale shall be confirmed by the Supervisors as hereinafter provided, unless the sum offered shall be at least 90 per cent of the appraised value thereof, to be fixed and determined as next hereinafter provided. An appraisement of such lands shall be made and filed with the Supervisors, within three weeks after the final passage of the ordinance hereinbefore mentioned, by the Mayor, the Assessor, and the chairman of the Finance Committee of the Supervisors, who are hereby constituted a board of appraisement for such pur¬ pose. When a sale shall have been made by the Mayor, at public auc¬ tion or at private sale, as hereinbefore provided, he shall require from the person to whom the property is sold a deposit amount¬ ing to 10 per cent of the sum bid. He shall immediately there¬ after, at the next meeting of the Supervisors, report the fact of such sale to the Supervisors, with a statement of the sum bid, and the name of the bidder, with a request that the Board confirm such sale. The Clerk of the Supervisors shall immediately thereupon give notice by publication in the official newspaper, and one other daily newspaper published in the City and County, that at a meeting of the Supervisors, to be held not less than twenty, nor more than thirty days, from the first publication of such notice, that such sale has been made, the amount for which the property has been sold, and the name of the purchaser. Such notice shall also con¬ tain a statement that at such meeting, if an offer of 10 per cent more in amount than that named in said notice shall be made to the Supervisors, in writing, by a responsible person, the Super¬ visors will confirm such sale to such person, or order a new sale, as hereinafter provided. At such meeting, if it appears to the Supervisors that the sum bid is not disproportionate to the value of the property sold, and that a greater sum cannot be obtained, or if an increased bid, as hereinbefore mentioned, be made and accepted the Board of Su¬ pervisors may, by an ordinance, passed by an affirmative vote, of at least fifteen of its members, confirm such sale, and direct con¬ veyances to be executed by the Mayor. A certified copy of such ordinance shall be recorded in the County Recorder’s office in the County in which the property is situated. The Board of Supervisors may, in its discretion, confirm or re¬ fuse to confirm any sale. In the event of the refusal 1 of the Board of Supervisors to con¬ firm the sale, all proceedings taken as hereinbefore provided, for the sale of the lands shall be void and of no effect. If the sale is confirmed by the Board of Supervisors, convey¬ ances must thereupon be made by the Mayor to the person to 20 Charter of the City and County of San Francisco whom the sale shall have been so confirmed, and shall be delivered to him upon payment of the balance of the purchase price. Such conveyances shall be in the name of the City and County, and shall be effective to convey all the right, title and interest of the City and County in and to the lands therein described, to the grantee therein named .—New section added by amendment adopted No¬ vember 5 1907, approved by the Legislature November 23, 1907 (.Statutes Special Session, 1907, page 39.) CHAPTER III. CONTRACTS. Manner of Purchasing Supplies and Awarding of Contracts. Section 1. All contracts for goods, merchandise, stores, sup¬ plies, subsistence or printing for the City and County, as well as for all subsistence, supplies, drugs, and other necessary articles for hospitals, prisons, public institutions and other departments not otherwise specifically provided for in this Charter, must be made by the Supervisors with the lowest bidder offering adequate security, after publication for not less than ten days in the official newspaper; and no purchase thereof or liability therefor shall be made or created except by contract. .Except as otherwise provided in this Charter, the Board must determine annually what goods, merchandise, stores, supplies, drugs, subsistence and other necessary articles will be needed by the City and County for the ensuing year, and it shall have no power to purchase or to pay for the same unless the provisions in this Charter provided as to competitive bidding for supplies are strictly followed, and no contract shall be made for any of the same unless upon such competitive bidding. All proposals shall be accompanied with a certificate of deposit or certified check on a solvent bank in the City and County of ten per centum on the amount of the bid, payable at sight to the order of the Clerk of the Supervisors. If the bidder to whom the contract is awarded shall for five days after such award fail or neglect to enter into the contract and file the required bond, the Clerk shall draw the money due on such certificate of deposit or check and pay the same into the treasury; and under no circum¬ stances shall the certificate of deposit or check or the proceeds thereof be returned to such defaulting bidder. Notices for proposals for furnishing the aforesaid articles shall mention said articles in general and shall state that the conditions and schedule may be found in the office of the Clerk of the Board of Supervisors; and shall also state that such articles are to be delivered at such times, in such quantities, and in such manner, as the Supervisors may designate. Any bidder may bid separate¬ ly for any article named. The award as to each article shall in all cases be made to the lowest bidder for such article, and where Article II, Chapter III, Legislative Department 21 a bid embraces more than one article, the Supervisors shall have the right to accept or reject such bid or the bid for any one or more articles embraced therein. In the case of contracts for sub¬ sistence of prisoners the advertisement for proposals shall specify each article required, the quality thereof, the quantity for each person, and the existing and probable number of persons to be supplied. No article or articles provided for in this section shall have been made in any prison. The Supervisors shall require bonds with sufficient sureties for the faithful performance of every contract. The Clerk of the Supervisors shall furnish printed blanks for all such proposals, contracts and bonds. All bids shall be sealed and delivered by the bidder to the Clerk of the Supervisors, and opened by the Board at an hour and place to be stated in the advertisement for proposals, in the presence of all bidders who attend, and the bidders may inspect the bids. All bids with alterations or erasures therein shall be rejected. All articles so supplied shall be subject to inspection and rejection by the Supervisors and by the person in charge of the office, institu¬ tion or department for which the same are supplied. Every con¬ tract for work to be performed for the City and County must pro¬ vide that in the performance of the contract eight hours shall be the maximum hours of labor on any calendar day, and that the minimum wages of laborers employed by the contractor in the execution of his contract shall be two dollars a day. Any con¬ tract for work to be performed for the City and County which does not comply with the provisions of this section shall be null and void, and any officer who shall sign the same shall be deemed guilty of misfeasance and upon proof of such misfeasance shall be removed from office. Contracts for Official Advertising. Sec. 2. All contracts for official advertising shall be let an¬ nually in like manner by the Supervisors to the lowest responsible bidder publishing a daily newspaper in the City and County which has a bona fide daily circulation of at least eight thousand copies, and has been in existence at the time of letting such contract for at least two years. In inviting proposals therefor, such advertis¬ ing shall not be classified and no proposal shall be acted upon which offers to do such advertising at different rates for different portions thereof. Such advertising shall be construed to mean the advertising and publication of all official reports, orders, ordinances, messages, resolutions, notices inviting proposals and all notices of every na¬ ture relating to city work. No part or kind of such advertising shall be charged or contracted for at a higher rate than any other part or kind of the same is charged or contracted for, except in the case of the delinquent tax list. The newspaper to which the award of such advertising is made shall be known and designated as the “official newspaper.” 22 Charter of the City and County of San Francisco The advertising of the delinquent tax list shall be let to the lowest responsible bidder on a separate bidding from all other official advertising. No board ; department or officer shall make any publication which is not expressly authorized by this Charter or by the Super¬ visors. Stationery Supplies. Sec. 3. The Clerk of the Supervisors shall annually, under the direction of the Supervisors, advertise for proposals for supply¬ ing the various departments, officers and offices of the City and County with all stationery and supplies in the nature of station¬ ery, assessment books, minute books, blank books and the printing of blanks. The contracts for stationery shall 1 be separate from those for printing. Notice for proposals for supplies shall require a greater or less quantity to be delivered at such times and in such manner as the Supervisors may designate. The advertisement for bids for paper shall state the weight, quality and size of the various kinds re¬ quired, and that for printing shall enumerate the various letter heads, tax bills, tax receipts, court notices, and all blanks, papers and documents now used or hereafter required in any and all departments of the City and County, including the forms, papers and blanks now used or hereafter required by the courts of the City and County. The forms for all printing shall be consecutively numbered, and each form and blank shall be known as No.- (specifying the number). Such advertisment shall be published for at least ten days, and shall require the bidders to state the price at which each article will be furnished, printed or manufactured, as the same may be required from time to time during such period, and the amount of the bond that will be required as security for the performance of the contract. No stationery furnished to any officer or department shall con¬ tain the name or names of the officer or officers constituting the head of the department or board. The contract or contracts must be made with the lowest bidder offering adequate security, quan¬ tity and quality being considered. The Clerk of the Supervisors shall have rooms in the City Hall for the custody of such station¬ ery. and when purchased the same shall be delivered to him, and he shall issue and distribute the same to the various departments as required. He shall keep accounts in detail, charging himself with all goods received, and crediting himself with the goods delivered upon order or requisition as hereinafter provided. When any of such supplies are required for any department, the Clerk of the Supervisors shall issue the same after the requisition for such articles has been made by the head of such department and ap¬ proved by the Mayor. Article II, Chapter III, Legislative Department' 23 All requisitions for printing shall be made in a similar manner. The Clerk shall report monthly in writing to the Supervisors in detail, the amount of all paper, blanks, books, stationery and printing ordered by and delivered to any department or officer. Collusion With Bidder Constitutes Misfeasance. Sec. 4. Any officer of the City and County, or of any depart¬ ment thereof, who shall aid or assist a bidder in securing a con¬ tract to furnish labor, material or supplies, at a higher price or rate than that proposed by any other bidder, or who shall favor one bidder over another, by giving or withholding information, or who shall wilfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly ac¬ cept materials or supplies of a quality inferior to that called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount or different kinds of material or supplies than has been actually received, shall be deemed guilty of misfeasance and shall be removed from office. Execution, Signing and Registration of Contracts. Sec. 5. All contracts provided for in this Chapter must be in writing and executed in the name of the City and County by the Mayor, All such contracts must be countersigned by the Clerk of the Supervisors, and registered by number and date in a book kept by him for that purpose. When a contractor fails to enter into the contract awarded to him or to perform the same, new bids must be invited, and a contract awarded as provided herein in the first instance. When the Supervisors believe that the prices bid are too high, or that bidders have combined to prevent com¬ petition, or that the public interest will be subserved thereby, they may reject any and all bids and cause the notice for proposals to be re-advertised. Lighting Contracts. Sec. 6 . No contract for lighting streets, public buildings, places or offices, shall be made for a longer period than one year, nor shall any contract to pay for gas, electric light or any illumi¬ nating material at a higher rate than the minimum price charged to any other consumer, be valid. Demands for lighting public buildings shall be presented monthly to the board or department using or having charge thereof, and shall specify the amount of gas, electric light or illuminating material consumed in such build¬ ing during the month. 24 Charter of the City and County of San Francisco ARTICLE III. FINANCE AND TAXATION. CHAPTER I. LEVYING OF TAXES. Estimates of Annual Requirements in Each Department. Section 1. On or before the first Monday of April in each year the heads of departments, offices, boards and commis¬ sions of the City and County shall send to the Supervisors an estimate in writing of the amount of expenditure, specifying in detail the objects thereof, required in their respective depart¬ ments, offices, boards and commissions, ^including a statement of the salaries of their subordinates. Duplicates of these estimates shall be sent at the same time to the Auditor. Auditor’s Annual Estimate of the City’s Requirements and Revenue. Sec. 2. On or before the first Monday of May in each year the Auditor shall transmit to the Supervisors an estimate of the probable expenditures of the City and County government for the next ensuing fiscal year, stating the amount required to meet the interest and sinking funds for all outstanding funded debts, and the wants of all the departments of the municipal govern¬ ment in detail, and showing specifically the amount necessary to be apportioned to each fund in the treasury; also an estimate of the amount of income from fines, licenses and other sources of revenue, exclusive of taxes upon property, and the probable amount required to be levied and raised by taxation. Supervisors to Make Annual Budget. Sec. 3. The Supervisors shall meet annually between the first Monday of May and the first Monday of June, and by a vote of a majority of all the members thereof make a budget of the amounts estimated to be required to pay the expenses of conducting the public business of the City and County for the next ensuing fiscal year. The budget shall be prepared in such detail as to the aggre¬ gate sum and the items thereof allowed to each department, office, board or commission, as the Supervisors shall deem ad¬ visable. Before finally determining upon the budget, the Supervisors shall fix such sufficient time or times as may be necessary to allow the taxpayers to be heard in regard thereto, and the Super¬ visors shall attend at the time or times so appointed for such hearing. Mayor May Veto Items. Sec. 4. Any item in said budget may, within ten days, be vetoed in whole or in part by the Mayor, and it shall require fifteen votes of the Supervisors to overcome such veto. Action thereon must be taken before the last Monday of June. After the final estimate is made in accordance herewith, it shall be signed by the Mayor and the Clerk of the Supervisors, and the Article III, Chapter I, Finance and Taxation 25 several sums shall then be appropriated for the ensuing fiscal year to the several purposes and departments therein named. The estimate shall be filed in the office of the Auditor. Annual Tax Levy. Sec. 5. The Supervisors must cause to be raised annually ac¬ cording to law, and collected by tax, the amounts so appropriated, less the amounts received from fines, licenses and other sources of revenue. Demands Upon the Treasury. Sec. 6. Except as otherwise provided in this Charter, no money shall he drawn from the treasury unless in consequence of appro¬ priations made by the Supervisors and upon warrants duly drawn thereon by the Auditor. Warrants. Sec. 7. No warrant shall be drawn except upon an unexhausted specific appropriation. Appropriation for Urgent Necessities. Sec. 8. The Supervisors may appropriate $100,000 a year for urgent necessities not otherwise provided for by law. No money shall be paid out of this appropriation unless authorized by a five-sixths vote of all the members of the Board of Supervisors, and approved by the Mayor.— As amended November 5, 1907, ap¬ proved by the Legislature November 23, 1907 (Statutes Special Session, 1907, page 37). One-Twelfth Limit on Monthly Expenditures. Registration of Demands and Agreements. Sec. 9. It shall not be lawful for the Supervisors, or for any board, department, officer or authority having power to incur, authorize or contract liabilities against the treasury, to incur, authorize, allow, contract for, pay or render payable in the present or future, in any one month, any expenditure, demand or demands, against any appropriation, which, taken with all other expendi¬ tures, indebtedness or liability made or incurred up to the time in such month of making or incurring the same, shall exceed one- twelfth part of the amount of the appropriation for the fiscal year. When any board, department or officer having power to incur liabilities against the treasury shall make any agreement for ob taining supplies or having labor performed, such department, officer or board shall register such agreement by number and date, and all demands arising under such agreement shall be pay¬ able in the order of such registration. Such department, board or officer must inform the person with whom it is proposed to make such agreement of the amount of money available or likely to be available in the fund from which such demands are payable. If, at the beginning of any month, any money remains unex¬ pended in any appropriation which might lawfully have been expended during the preceding month, such unexpended sum or 26 Charter of the City and County of San Francisco sums, except so much thereof as may be required to pay all un¬ paid claims upon such appropriation, may be carried forward and expended in any succeeding month of such fiscal year; but not afterwards, except in payment of claims lawfully incurred during such fiscal year. Appropriations provided to meet the expense of elections; for the support and maintenance of the Assessor’s and Tax Collector’s departments; and for urgent necessities, shall be exempt from the provisions of this section. Indorsement of Auditor Upon Contracts. Sec. 10. No contracts made, the expense of whose execution is not provided by law or ordinance to be paid by assessments upon the property benefited, shall be binding or of any force, un¬ less the Auditor shall indorse thereon his certificate that there remains unexpended and unapplied as herein provided, a balance of the appropriation or fund applicable thereto, sufficient to pay the estimated expense of executing such contract, as certified by the board or officer making the same. This provision shall not apply to work done, or supplies furnished, involving the expendi¬ ture of less than two hundred and fifty dollars, unless the same is required by law to be done by contract at public letting. The Auditor shall make such indorsement upon every such contract so presented to him, if there remains unapplied and unexpended such amount so specified by the officer making the contract, and thereafter shall hold and retain such sum to pay the expense incurred until the contract shall be fully performed. The Auditor shall furnish weekly to the head of each department a statement of the unexpended balances of the appropriation for his depart¬ ment. Tax Levy: When Made. Dollar Limit. Sec. 11. On or before the last Monday of June in each year the Supervisors shall levy the amount of taxes for City and County purposes required to be levied upon all property not exempt from taxation. The amount shall be sufficient to provide for the pay¬ ment during the fiscal year of all demands upon the treasury authorized to be paid out of the same; but such levy, exclusive of the State tax and the tax to pay the interest and maintain the sinking funds of the bonded indebtedness of the City and County, and exclusive of the tax to pay for the maintenance and improve¬ ment of the parks, squares and public grounds of the City and County, shall not exceed the rate of one dollar on each one hun¬ dred dollars valuation of the property assessed. The Supervisors in making the levy shall apportion the taxes to the several funds. Apportionment of Revenue. Sec. 12. In making the apportionment the Supervisors shall take into account and apportion to the several funds the income and revenue estimated to arise during the fiscal year from licenses, fees, and other sources, but the income to pay the interest on the Article III, Chapter I, Finance and Taxation 27 bonded indebtedness and to provide for the sinking funds shall always be provided for out of the tax on property; provided, that whenever any bonded indebtedness shall have been incurred for the accpiisition of any of the public utilities named in Article XII of this Charter, the surplus earnings of any such utility for the fiscal year may be applied upon the interest and sinking fund of the bonded indebtedness of such utility for the succeeding fiscal year. —As amended November 5, 1907, approved by the Legisla¬ ture November 23, 1907 (Statutes Special Session, 1907, page 35). Temporary Suspension of Dollar Limit. Liabilities That Are Prohibited. Sec. 13. The limitation in section eleven of this Chapter upon the rate of taxation shall not apply in case of any great necessity or emergency. In such case the limitation may be temporarily suspended so as to enable the Supervisors to provide for such necessity or emergency. No increase shall be made in the rate of taxation authorized to be levied in any fiscal year, unless such increase be authorized by ordinance passed by the unanimous vote of the Supervisors and approved by the Mayor. The char¬ acter of such necessity or emergency shall be recited in the ordi¬ nance authorizing such action, and be entered in the Journal 1 of the Board. Nothing in this section shall authorize the incurring of liabili¬ ties against the treasury not allowed by law, or which cannot be paid out of the income and revenue provided, collected and paid into the proper fund as its proportion of the same for such fiscal year, or permit liabilities or indebtedness incurred in any one fiscal year to be a charge upon or paid out of the income or rev¬ enue of any other fiscal year. Municipal Revenues and Bonds. Sec. 14. The Supervisors shall fix the amount of municipal rev¬ enues and provide for the collection thereof. They shall from time to time provide for the payment of the interest and principal of the bonds for which the City and County is liable. Disbursements. Sec. 15. The Supervisors shall authorize the disbursement of all public moneys, except as otherwise specifically provided in this Charter. Surplus Moneys to Surplus Fund. Sec. 16. At the close of each fiscal year, if all demands against each fund have been paid or satisfied, and Rll disputed or con¬ tested demands finally adjudicated, the Supervisors shall direct the Treasurer to transfer all surplus moneys to a fund to be called the Surplus Fund, except such surplus moneys as are in the sev¬ eral interest and sinking funds, in the Common School Fund, in the Park Fund, the Library Fund, the Police Relief and Pension Fund, in the Firemen’s Relief and Pension Fund, and in such other funds the disposition of whose surplus moneys is in this Charter otherwise provided for. 28 Charter of the City and County of San Francisco . CHAPTER II. THE SEVERAL FUNDS. Separate Funds. No Division. Section 1. The income and revenue paid into the treasury shall be at once apportioned to and kept in separate funds. It shall not be lawful to transfer money from one fund to another or to use the same in payment of demands upon another fund. The provisions of this section shall not apply to fees paid into the treasury and placed temporarily to the credit of the Unappor¬ tioned Fee Fund under the provisions of Chapter III of this Arti¬ cle. , : _ { Designation of the Several Funds. Sec. 2. The several funds in the treasury authorized by law at the time this Charter takes effect, or provided for by this Charter, shall continue therein so long as there shall be occasion therefor; and the moneys therein, or which may belong thereto, shall not be used for any purpose other than that for which the same were raised except as otherwise provided in this Charter. The General Fund shall consist of moneys received into the treasury and not specially appropriated to any other fund. The Park Fund shall consist of the moneys annually appor¬ tioned to said Fund by virtue of the tax provided for in this Charter for the maintenance, preservation and improvement of the parks, squares, avenues and public grounds of the City and County; of all moneys accruing from rents of buildings under the jurisdiction of the Park Commissioners; and of all moneys coming into the hands of said Commissioners whether from dona¬ tions or otherwise. Out of said Fund shall be paid all the ex¬ penses of every kind for the preservation, maintenance and im¬ provement of the parks, squares, avenues and public grounds of the City and County. The Library Fund shall consist of the moneys annually appor¬ tioned to said Fund by virtue of the tax provided for in this Char¬ ter for the maintenance of Library and Reading Rooms, and the purchase of books therefor. Out of said Fund shall be paid all the expenses necessary to the maintenance of such Library and Reading Rooms and the purchase of books therefor. Surplus Fund and Purposes for Which It May Be Used. Sec. 3. The Surplus Fund shall consist of the moneys remain¬ ing at the end of any fiscal year in any other funds (except the Common School Fund and the other funds by this Charter other¬ wise expressly provided for) after all valid demands, indebtedness and liabilities against said funds incurred within such fiscal year have been paid and discharged; provided, that all disputed or contested claims payable out of such funds have been finally ad¬ judicated. The Surplus Fund shall be used for the purposes and in the order following: Article III, Chapter II, Finance and Taxation 29 1. In payment of any final judgment against the City and County. 2. In liquidation and extinguishment, under such regulations as the Supervisors may adopt, of any outstanding funded debt of the City and County. 3. To be carried over and apportioned among the funds and used in the ensuing fiscal year as part of the income and revenue thereof. Special Deposit Fund. Sec. 4. The Special Deposit Fund shall consist of: 1. All moneys paid into court and deposited with the Treas¬ urer by the County Clerk. 2. All moneys received by the Public Administrator and de¬ posited by him with the Treasurer. 3. All moneys deposited with the Treasurer on special deposit. The moneys in the Special Deposit Fund shall be paid out in the manner prescribed by law. Funds to Be Carried Forward. Sec. 5. Except as otherwise provided in this Charter any. moneys remaining at the end of the fiscal year in any interest and sinking fund or a fund provided by a special bond issue for a specific purpose, the Common School Fund, the Park Fund, the Library Fund, the Firemen’s Relief and Pension Fund, Police Relief and Pension Fund, and the Public Building Fund shall be carried forward and apportioned to said respective funds for the ensuing fiscal year. Payment of Unpaid Demands. Sec. 6. Any demand against the treasury or against any fund thereof remaining unpaid at the end of the fiscal year for lack of money applicable to its payment, may be paid out of any monej^ which may subsequently come into the proper fund from delin¬ quent taxes or other uncollected income or revenue for such year. Such demands shall be paid out of such delinquent revenue, when collected, in the order of their registration. Redemption of Outstanding Bonds. Sec. 7. When there shall be to the credit of any sinking fund in the treasury a sum not less than twenty thousand dollars which may be applied to the redemption of any outstanding bonds to which such fund is applicable, which are not redeemable before their maturity, it shall be the duty of the Mayor, Auditor and Treasurer to advertise for thirty days, inviting proposals for the surrender and redemption of the bonds. . After such advertisement the money in such Sinking Fund, or such portion thereof as may be required therefor, shall be awarded to the person or persons offering to surrender said bonds for the lowest price. Upon such award, when duly audited, the Treasurer shall, upon the surrender of the bonds, pay the amount to the 30 Charter of the City and County of San Francisco person or persons to whom the same was awarded. No bid for the surrender of any of the bonds shall be accepted which shall require a greater sum of money for their redemption than the then worth of the principal and interest of the bonds, calculated with interest, not exceeding four per centum per annum. CHAPTER III. THE CUSTODY OF PUBLIC MONEYS. All Moneys to Be Paid Into the Treasury. Disbursement. Section 1. All moneys arising from taxes, licenses, fees, fines, penalties and forfeitures, and all moneys which may be collected or received by any officer of the City and County, or any depart¬ ment thereof, in his official capacity, for the performance of any official duty, and all moneys accruing to the City and County from any source, and all moneys directed by law or this Charter to be paid or deposited in the treasury, shall 1 be paid into the treasury. All officers or persons collecting or receiving such mone} r s must pay the same into the treasury. No officer or person other than the Treasurer shall pay out or disburse such moneys, or any part thereof, upon any allowance, claim or demand. No Fees Allowed to Salaried Officers or Employees. Sec. 2. Salaried officers shall not receive nor accept any fee, payment, or compensation, directly or indirectly, for any services performed by them in their official capacity, nor any fee, payment, or compensation, for any official service performed by any of their deputies, clerks, or employees, whether performed during or after official business hours. No deputy, clerk, or employee of such officers shall receive or accept any fee, compensation or payment, other than his salary as now or hereafter fixed by law, for any work or service performed by him of any official nature, or under color of office, whether performed during or after official business hours. All Fees to Be Paid to Treasurer. Sec. 3. Every fee, commission, percentage, allowance, or other compensation authorized by law to be charged, received, or col¬ lected by any officer for any official service, must be paid by the officer receiving the same to the Treasurer in the manner herein provided. Daily Delivery of Fees to Treasurer. Sec. 4. It shall be the duty of every officer authorized by law to charge, receive or collect any fee, commission, percentage, al¬ lowance, or compensation for the performance of any official ser¬ vice or duty of any kind or nature, or rendered in any official capacity, or by reason of any official duty or employment, to de¬ liver the same to the Treasurer at the expiration of each business day. The Treasurer shall thereupon deliver to such officer a re¬ ceipt for the money so paid, which shall show the amount of money Article III, Chapter III, Finance and Taxation 31 received, the day and hour when paid, the name of the officer paying the same, the nature of the service performed, and the name and official designation of the person by whom the service was performed; and like entries shall 1 be made upon the stub of such receipt, which shall be kept by the Treasurer. The Treas¬ urer shall place all such moneys in a fund to be designated the “Unapportioned Fee Fund,” which is hereby created, and shall keep such fund as other funds in the treasury are kept, and shall be liable on his official bond for all mone}^ so received. Official Receipts. Sec. 5. The Auditor or other proper officer must prepare and deliver from time to time to the Treasurer, and to every officer authorized by law to charge any fee. commission, percentage, allowance, or compensation, for the performance of any official service or duty, as many official receipts as may be required, charging therewith the Treasurer or other officer receiving them. Such official receipts must be bound into books containing not less than one hundred such receipts, and numbered consecutively, be¬ ginning with number one in each class required for each officer for each fiscal year, and provided with a stub corresponding in number with receipt. When the books containing receipts are exhausted by the officer receiving them, he shall return the stubs thereof to the Auditor or other proper officer, in whose custody they shall remain thereafter. Treasurer’s Receipts. Sec. 6. When a receipt, as herein provided, is issued by the Treasurer, he must state therein the date of payment, the name of the person making the payment, the amount of such payment, the nature of the service for which the charge is made, and the name and official designation of the officer performing the service, and shall make corresponding entries on the stub of each receipt. Receipts of Other Officers. Sec. 7. When any receipt is issued by any officer other than the Treasurer as herein provided, he shall state therein the day and hour of the delivery to him of the Treasurer’s receipt, the nature of the service therein describerl, and the amount charged therefor, and the name of the person by whom such receipt is delivered to him, and shall make corresponding entries on the stub to which such receipt is attached. Treasurer’s Monthly Report. Sec. 8. On the first day of each month the Treasurer must make to the Auditor a report under oath of all moneys received by him during the preceding month, showing the date and number of the receipt on which the money was received, the amount of each payment, by whom paid, the nature of the service, and the name and official designation of the officer performing the service. At the same time, or oftener, if required by the Auditor, the Treas- 32 Charter of the City and County of San Francisco urer shall exhibit to the Auditor all official receipts received by him during the previous month, and all official receipts remaining in his hands, unused or not issued, at the close of business on the last day of the preceding month. Monthly Reports and Exhibits of Officers. Sec. 9. On the first day of each month every officer authorized by law to charge any fee, commission, percentage, allowance or compensation, must make to the Auditor a report under oath of all official receipts issued by him during the preceding month, showing the date and number of each receipt, to whom issued, the nature of the service for which the charge was made, and the amount of such charge; and must at the same time, or oftener, if required, exhibit to the Auditor, or other proper officer, all the Treasurer’s receipts deposited with him during the preceding month, and all receipts remaining in his hands, unused or Hot issued, at the close of business on the last day of each preceding month. Settlement of Accounts. Sec. 10. Upon receiving the reports prescribed by sections eight and nine of this Chapter, the Auditor shall examine and set¬ tle the accounts of each officer, and apportion such moneys to the fund or funds to which they are appropriated by law, and certify such apportionment to the Treasurer, who shall thereupon trans¬ fer from the “Unapportioned Fee Fund” the amounts so certified, and credit each fund entitled thereto with the proper amount so apportioned. Mileage. Monthly Statements. Sec. 11. Every officer who is by law allowed to charge and collect mileage for the service of process, or other like service, shall at the end of each month, prepare and deliver to the Auditor a statement showing each process served, the title of the cause, the name of the deputy or other subordinate officer who made the service, the number of miles actually traveled in making such service, the exact day when such service was made, and between what hours of the day, and such statement shall be verified by the oath of such officer. The Auditor shall examine such statement, and issue his warrant upon the Treasurer for such amount of money as will reimburse such officer for his lawful expenses in making such service. Such warrant shall be paid by the Treas¬ urer, without further approval, out of the “Unapportioned Fee Fund.” No extra mileage shall be charged or allowed for service of two or more processes served on the same trip by the same deputy or deputies, except for extra mileage actually trav¬ eled in serving additional 1 process. All mileage charged in viola¬ tion of this section shall 1 be disallowed by the Auditor, and all amounts disallowed for any reason shall 1 be apportioned as other moneys in the “Unapportioned Fee Fund.” Article III, Chapter III, Finance and Taxation 33 Employment of Extra Assistants. Sec. 12. When an officer, legally authorized to employ a per¬ son other than one of his deputies or assistants at a stated com¬ pensation fixed law, has employed such person, and in pursu¬ ance of such employment such person has rendered the service for which he was employed, such officer shall, at the end of each month, prepare and deliver to the Auditor a statement verified by the oath of such officer, showing the case or instance in which such service was performed, for whom performed, the name of the person so employed, by whom the service was performed, the amount of the charge therefor, the time actually employed in per¬ forming such service, and the dates of the beginning and ending of the period during which such person was so employed. The Auditor shall thereupon examine such statement, and if he finds the same correct, he shall audit and allow the verified demand of such person so employed and performing the service for the sum or sums so earned by him for such service, and the Treasurer shall pay such demand so audited and allowed, without further approval, out of the ‘‘Unapportioned Fee Fund.” Allowance of Salaries Fixed "by Law. Demands Against Common School Fund. Sec. 13. The demand of the Auditor for his monthly salary shall be audited and allowed by the Mayor. All other demands on account of salaries fixed by law, ordinance, or this Charter, and made payable out of the treasury, may be allowed by the Auditor without any previous approval. All demands payable out of the Common School Fund must, before they can be allowed or paid, be previously approved by the Board of Education. Demands payable out of the treasury for salaries, wages, or compensation of deputies, clerks, assistants, or employees, in any office or de¬ partment, must, before they can be audited or paid, be first ap¬ proved in writing by the officer, board, department or authority under whom, or in which, such demand originated. All other de¬ mands pajmble out of any funds in the treasury, must, before they can be allowed by the Auditor, or recognized, or paid, be first approved by the department, board or officer, in which the same has originated, and in all such cases must be approved by the Supervisors. Every demand against the City and County shall, in addition to the other entries and indorsements upon the same required by this Charter, show: 1. The ordinance or authorization under which the same was allowed. 2. The name of the board, depart¬ ment or authority authorizing the same. 3. The fiscal year within which the indebtedness was incurred. 4. The appropria¬ tion provided to meet the demand. 5. The name of the specific fund out of which the demand is payable. Each demand shall have written or printed upon it a statement that the same can only be paid out of the income and revenue provided, collected 34 Charter of the City and County of San Francisco and paid into the proper specific fund in the treasury for the fiscal year within which the indebtedness was incurred, and shall refer to Chapter II of this Article, and be numbered with refer¬ ence to the fund out of which it is payable. Sec. 14. Whenever any person has, or has received, moneys or other personal property belonging to the City and County, or has been intrusted with the collection, management or disburse¬ ment of any moneys, bonds, or interest accruing therefrom, be¬ longing to or held in trust by the City and County, and fails to render an account thereof to, and make settlement with, the Treasurer within the time prescribed by law; or, when no par¬ ticular time is specified, fails to render such account and make such settlement, or who fails to pay into the treasury any moneys belonging to the City and County upon being required to do so by the Auditor, within twenty days after such requisition, the Auditor must state an account with such person, charging twenty- five per centum damages, and interest at the rate of ten per cen¬ tum per annum from the time of such failure. A copy of such account in any suit therein is prima facie evi¬ dence of the things therein stated. In case the Auditor cannot for want of information state an account, he may in any action brought by him aver that fact, and allege generally the amount of money or other property which is due to or which belongs to the City and County. The City Attorney must prosecute all ac¬ tions that may be brought under this section within ten days after notification by the Auditor. CHAPTER IV. PAYMENT OF CLAIMS. Monthly Payment of Salaries. Limitation Upon Demands. Revival of Claims. Section 1. The salaries and compensation of all officers, in¬ cluding policemen and employees of all classes, and all teachers in the public schools, and others employed at fixed wages, shall be payable monthly. Any demand upon the treasury accruing under this Charter shall not be paid, but shall be forever barred by limitation of time, unless the same be presented for payment, properly audited, within one month after such demand became due and payable; or, if it be a demand which must be passed and approved by the Supervisors or Board of Education, or by any other Board, then within one month after the first regular meet¬ ing of the proper Board held next after the demand accrued; or ; unless the Supervisors shall, within six months after the demand accrued as aforesaid, on a careful examination of the facts, re¬ solve that the same is in all respects just and legal, and the pres¬ entation of it, as above required, was not in the power either of the original party interested or his agent, or the present holder; Article IV, Chapter I, Executive Department 35 in which case they may by ordinance revive such claim; but it shall be barred in the same manner unless presented for payment within twenty days thereafter. No valid demand arising subse¬ quent to the claim which may be revived as aforesaid shall be rendered invalid by reason of such revival exhausting the fund out of which subsequent claims might otherwise be paid. Such revived claim shall take rank as of the day of its revival. ARTICLE IV. EXECUTIVE DEPARTMENT. CHAPTER I. THE MAYOR. Qualifications. Term. Salary. Appointees in His Office. Salaries. Section 1. The chief executive officer of the City and County shall be designated the Mayor. He shall be an elector of the City and County at the time of his election, and must have been such for at least five years next preceding such time. He shall be elect¬ ed by the people and hold office for two years. He shall receive an annual salary of six thousand dollars. He may appoint a Secretary, who shall receive an annual salary of twenty-four hun¬ dred dollars; an usher, who shall receive an annual salary of nine hundred dollars ; and a stenographer and type-writer, who shall receive an annual salary of nine hundred dollars. All of said ap¬ pointees shall hold their positions at the pleasure of the Mayor. Mayor’s Duties. Sec. 2. The Mayor shall vigilantly observe the official conduct of all public officers and the manner m which they execute their duties and fulfil] their obligations. The books, records and official papers of all departments, officers and persons in the employ of the City and County shall at a]l times be open to his inspection and examination. He shall take special care that the books and records of all departments, boards, officers and persons are kept in legal and proper form. When any official defalcation or wilful neglect of duty or official misconduct shall come to his knowl¬ edge, he shall suspend the delinquent officer or person from office pending an official investigation. The Mayor shall from time to time recommend to the proper officers of the different departments such measures as he may deem beneficial to public interest. He shall see that the laws of the State and ordinances of the City and County are observed and enforced. He shall have a general supervision over all the de¬ partments and public institutions of the City and County, and see that they are honestly, economically and lawfully conducted, and shall have the right to attend the meetings of any of the Boards provided for in this Charter, and offer suggestions at such meet- 36 Charter of the City and County of San Francisco ings. He shall take all proper measures for the preservation of public order and the suppression of all riots and tumults, for which purpose he may use and command the police force, If such police force is insufficient, he shall call upon the Governor for military aid in the manner provided by law, so that such riots or tumults may be promptly and effectually suppressed. Execution of Public Contracts and Agreements. Actions to Annul Forfeited Franchises. Postpone Franchises. Sec. 3. The Mayor shall see that all contracts and agreements with the City and County are faithfully kept and fully performed. It shall be the duty of every officer and person in the employ or service of the City and County, when it shall come to his knowl¬ edge that any contract or agreement with the City and County, or with any officer or department thereof, or relating to the busi¬ ness of any office, has been or is about to be violated by the other contracting party, forthwith to report to the Mayor all facts and information within his possession concerning such matter. A wil¬ ful failure to do so shall be cause for the removal of such officer or employe. The Mayor shall give a certificate on demand to any person reporting such facts and information that he has done so, and such certificate shall be evidence in exoneration from a charge of neglect of duty. The Mayor must institute such actions or proceedings as may be necessary to revoke, cancel or annul all franchises that may have been granted by the City and County to any person, com¬ pany or corporation which have been forfeited in whole or in part or which for any reason are illegal and void and not binding upon the city. The City Attorney, on demand of the Mayor, must insti¬ tute and prosecute the necessary actions to enforce the provisions of this section. The Mayor shall have power to postpone final action on any franchise that may be passed by the Supervisors until such pro¬ posed franchise shall be ratified or rejected by a majority of the votes cast on the question at the next election. Officers and Vacancies Not Frovided in Charter. Sec. 4. The Mayor shall appoint all officers of the City and County whose election or appointment is not otherwise specially provided for in this Charter or by law. When a vacancy occurs in any office, and provision is not otherwise made in this Charter or by law for filling the same, the Mayor shall appoint a suitable person to fill such vacancy, who shall hold office for the remainder of the unexpired term. Ex-Officio President of Supervisors. Sec. 5. The Mayor shall be President of the Board of Super¬ visors by virtue of his office. He may call extra sessions of the Board, and shall communicate, to them in writing the objects for which they have been convened; and their acts at such sessions shall be confined to such objects. Article IV, Chapter II, Executive Department 37 President Pro Tem. Vacancy in Mayoralty. Sec. 6. When and so long as the Mayor is temporarily unable to perform his duties, a member of the Board shall be chosen President pro tempore, who shall act as such Mayor. When a vacancy occurs in the office of Mayor, it shall be filled for the unexpired term by the Supervisors. CHAPTER II. THE AUDITOR. Auditor: Qualifications. Term. Salary. Duties. Section 1. The head of the Finance Department of the City and County shall be designated the Auditor. He shall be an elector of the City and County at the time of his election and must have been such for at least five years next preceding such time. He shall be elected by the people and hold office for two years. He shall receive an annual salary of four thousand dol¬ lars. The Auditor must always know the exact condition of the treasury and every demand upon it. He shall be in personal attendance at his office daily during office hours. He shall be the general accountant of the City and County, and shall receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts and contracts of the City and County, its debts, revenues and other financial affairs. He shall give information as to the exact condition of the treasury and of every appropriation and fund thereof, upon demand of the Mayor, the Supervisors, or any committee or members thereof. Appointees. Qualifications. Salaries. Sec. 2. The Auditor shall appoint a Deputy Auditor, who shall possess the qualifications required of the Auditor, and who shall receive an annual salary of twenty-four hundred dollars. The Auditor may also appoint two assistant deputies, who shall each receive an annual salary of fifteen hundred dollars, and two clerks, who shall each receive an annual salary of twelve hundred dollars. He may employ such number of extra clerks during the time their services may be necessary for the lawful discharge of his official duties, as the Board of Supervisors may designate. Such extra clerks shall each receive a salary not to exceed one hundred dollars a month for the time they shall be actually em¬ ployed. The Auditor shall be allowed bo expend not exceeding eighteen hundred dollars a year for counsel and attorney’s fees. Demands Must Be Audited. Sec. 3. The Auditor shall keep an account of all moneys paid into and out of the treasury, and the Treasurer shall pay no money out of the treasury except upon demands approved by the Auditor. Any ordinance or law providing for the payment of any demand out of the treasury or any fund thereof (whether from public funds or from private funds deposited therein) shall always be 38 Charter of the City and County of San Francisco construed as requiring the auditing of such demand by the Au¬ ditor before the same be paid. Demands to Be Numbered and Recorded. Sec. 4. He shall number and keep an official record of all de¬ mands audited by him. showing the number, date, amount, name of the original holder, on what account allowed, against what appropriation drawn, out of what fund payable, and, if previously approved or allowed, by what officer, department or board it has been so approved or allowed. It shall be misconduct in office for the Auditor to deliver a demand with his official approval until this requirement shall have been complied with. Approval of Demands. Sec. 5. The Auditor shall approve no demand unless the same has been allowed by every officer, board, department and com¬ mittee required to act thereon. Auditor Must Deduct Debits from Demands. Sec. 6. No demand shall be allowed by the Auditor in favor of any corporation or person in any manner indebted to the City and County, except for taxes not delinquent, without first deduct¬ ing the amount of any indebtedness of which he has notice; nor in favor of any person having the collection, custody or disburse¬ ment of public funds, unless his account has been presented, passed, approved and allowed as herein required’ nor in favor of any officer who has neglected to make his official returns or reports in the manner and at the time required by law, ordinance, or the regulations of the Supervisors; nor in favor of any officer who has neglected or refused to comply with any of the provis¬ ions of law regulating his duties, nor in favor of any officer or employee for the time he shall have absented himself without legal cause from the duties of his office during office hours. The Au¬ ditor must always examine on oath any person receiving a salary from the City and County touching such absence. The Auditor may require any person presenting for settlement an account or claim for any cause against the City and County to be sworn before him touching such account or claim, and when so sworn, to answer orally as to any facts relative to the justice of such account or claim. Moneys placed in the Special Deposit Fund shall not be subject to the provisions of this section. Demands Must Be Indorsed by Auditor. Sec. 7. Every demand upon the Treasurer, except the salary of the Auditor, must, before it can be paid, be presented to the Auditor, who shall satisfy himself whether the money is legally due, and its payment authorized by law, and against what appro¬ priation payable and out of what, fund it is payable. If he allow it, he shall endorse upon it the word ‘‘Allowed,” with the name of the fund out of which it is payable, and the date of such allow¬ ance, and sign his name thereto. No demand shall be approved. Article" IV,’ r Chapter III, Executive Department 39 allowed, audited or paid unless it specify each special item, date and amount composing it, and refer by chapter and section to the provisions of this Charter authorizing the same. Register of Warrants. Sec. 8. The Auditor shall keep a register of warrants, showing the funds upon which they are drawn, the number, in whose favor, for what service, the appropriation applicable to the payment thereof, when the liability accrued, and a receipt from the person to whom the warrant is delivered. He shall not allow any demand out of its order, nor give priority to one demand over another drawn upon the same specified fund, except for the purpose of determining its legality. CHAPTER III. THE TREASURER. Treasurer: Qualifications. Term. Salary. Appointees. Salaries. Section 1. There shall be a Treasurer of the City and County, who shall be an elector of the City and County at the time of his election and who must have been such for at least five years next preceding such time. He shall be elected by the people, and hold his office for two years. He shall receive an annual salary of four thousand dollars, which shall be in full compensation for all his services. He may appoint a chief deputy, who shall receive an annual salary of twenty-four hundred dollars, two assistant deputies, w T ho shall each receive an annual salary of eighteen hun¬ dred dollars, and one clerk, who shall receive an annual salary of twelve hundred dollars. Duties of Treasurer. Deposit of Public Funds and Procedure Therefor. Sec. 2. The Treasurer shall receive and safely keep all moneys which shall be paid into the treasury. Except as hereinafter pro¬ vided, he shall not lend, exchange, use nor deposit the same, or any part thereof, to or with any bank, banker or person; nor pay out any part of such moneys, nor allow the same to pass out of his personal custody, except upon demands authorized by law or this Charter, and after they shall have been approved by the Auditor. At the close of business each day, he shall take an ac¬ count of and enter in the proper book the exact amount of money on hand. At the end of every month he shall make out and file with the Mayor and publish quarterly in the official newspaper a statement of the condition of the treasury, showing the amounts of receipts into and payments from the treasury, and on what account, and out of what fund. If he violate any of the pro¬ visions of this section, he shall be guilty of misconduct in office, and be liable to removal therefrom, and be proceeded against ac¬ cordingly. He shall keep the accounts belonging to each fund separate and distinct, and shall in no case pay demands charge¬ able against one fund out of moneys belonging to another. He shall be in personal attendance at his office each day during office 40 Charter of the City and County of San Francisco hours. No fees of any kind shall be retained by him, but the same, from whatever source received or derived, shall be paid by him into the treasury. All moneys paid into the treasury of the City and County may be deposited by the Treasurer, upon the written consent of the Mayor, in an} 7 " licensed national bank or banks, within this State, or in any bank, banks or corporations authorized and licensed to do a banking business, and organized under the laws of this State, provided that such bank or banks in which such moneys are de¬ posited shall furnish as security for such deposits, bonds of the United States or of this State, or of any County, Municipality or School District within this State, approved by the Treasurer and the City Attorney. The market value of the bonds furnished as security, shall be at least 10 per cent in excess of the amount of the deposit secured thereby ; but the amount of the deposit shall in no case exceed the face value of the bonds furnished as security therefor. And provided that such bank or banks shall pay a reasonable rate of interest, noi less than 2 per cent per annum, on the daily balances therein deposited. The rate of interest shall be fixed annually as herein provided in the month of January of each year on all deposits to be made for such year; provided, that the rate of interest for the year end¬ ing December 31st, 1907, may be fixed as herein provided within ten days after this section goes into effect. The rate of interest shall be fixed by the Treasurer, the Auditor and the Mayor, and the same reported in writing to the Board of Supervisors imme¬ diately. Said rate of interest shall be a reasonable rate and not less than 2 per cent per annum on the daily balances deposited; and the rate of interest so established for each year as herein provided, shall be the uniform rate of interest required from all banks receiving deposits from the City and County for that year. Interest on all moneys deposited as herein provided for shall be¬ long to the City and County and shall 1 be paid quarterly into the general fund of the City and County except where the law of this Charter otherwise directs. It shall be the duty of the Treasurer to receive from the bank in which the deposit is made, a receipt or receipts in duplicate, showing the date and amount of deposit and rate of interest to be paid thereon, one copy of which said Treasurer shall keep on. file in his office and he shall file one copy with the Auditor. The Treasurer shall keep a record in his office, which shall be open to public inspection, showing at all times the amount of money on deposit in all‘banks in which the same is deposited, and dates of deposit; also a record of all banks making application for the deposit of the public funds. The total amount of public moneys on deposit in any bank shall not at any time exceed 50 per cent of the paid-up capital stock of such depository bank or banks The Treasurer shall not have Article IV, Chapter III, Executive Department 41 on deposit at any one time more than 10 per cent of the public moneys under his control and available for deposit in any bank while there are other qualified banks requesting such deposits, provided, that the Treasurer shall not be required to deposit pub¬ lic moneys in any bank outside of the City and County. The receipt issued by any bank for deposits made therein, to¬ gether with the bonds held as security therefor, shall be held by the Treasurer and be recognized and counted as cash to the amount recited in the receipt by the officers required by law to count the same. Deposits, with interest thereon, shall be subject to withdrawal on demand of the Treasurer, conjointly with that of the Mayor, and any bank receiving the deposit of public moneys, may, at any. time, return the same to the Treasurer, together with interest to date of return, and it shall be the duty of the Treasurer, upon receiving the return of such deposit, to immediately return to such bank all bonds held as security for the deposit returned. When the Treasurer withdraws his deposit, he shall return, on the demand of the bank, such bonds as were held as security for the deposit or portion thereof withdrawn. Should any bank fail to pay any public moneys held on de¬ posit as herein provided, the Treasurer (with the written consent of the Mayor) may, after ten days’ written notice to such bank, proceed to sell at public or private sale such of the bonds held by him as security as he may see fit; provided, however, that he shall sell no bonds for less than their face value except at public sale, after ten days’ printed notice in the official newspaper. The pro¬ ceeds of such sale, after paying all expenses, shall be credited to the account of the bank, which deposits the bonds as collateral. Any bank failing to make payment may, at any time before the sale of the bonds is completed, stop such sale by repaying all the moneys deposited with it, together with any expense that may have been incurred by the Treasurer as the result of such failure. Should the proceeds of any such sale fail' to fully repay any deposit, the balance remaining unpaid may be collected in an action at law in the name of the City and County. The Treasurer shall not be responsible for any loss of public moneys resulting from the deposit thereof when made in accord¬ ance with the provisions of this act. It shall be the duty of the Treasurer to safely keep all evidence of indebtedness issued by banks for deposits made therein and bonds deposited as security and the Treasurer shall be responsible for such evidence of in¬ debtedness and for bonds held as security therefor, together with the interest thereon and the proceeds of any sale of such bonds; and the Treasurer shall be responsible to such bank for the safe return of the securities furnished by it to the Treasurer. The expenses of transportation of moneys to or from the treasury to such depositaries shall be borne by such depositaries. 42 Charter of the City and County of San Francisco Nothing in this section contained shall prevent the City and County from buying bonds or otherwise investing its money in any manner now provided by law or this Charter and nothing herein contained as to the disposition of interest and public moneys deposited shall apply to any money received or held by the City and County wherein any law or this Charter provides for the payment of interest or profit thereon into any particular fund. —As amended November 5, 1907, approved by the Legislature November 22, 1907 (Statutes Special Session, 1907, page 18). Joint Custody Safe. Auditor and Treasurer Joint Custodians. Sec. 3. For the better security of the moneys in the treasury, there shall be provided a joint custody safe in which shall be kept the moneys of the City and County. Said safe shall have two combination locks, neither one of which alone will open the safe. The Treasurer shall have the knowledge of one combination and the Auditor of the other. The Auditor shall be joint custodian with the Treasurer of all funds in the joint custody safe; but shall have no control over them except to open and close the safe in conjunction with the Treasurer, when requested to do so in his official capacity, and shall not be held responsible on his official bond for any shortage which may occur in the treasury. The gold shall be kept in bags containing twenty thousand dol¬ lars each, and the silver in bags containing one thousand dollars each. To each bag shall be attached a tag showing the nature and amount of coin contained therein. Each bag shall be sealed with the seal of each custodian. There shall be kept in the safe a joint custody book, showing the amount and description of all funds in the safe, and when¬ ever any amounts are withdrawn, the Auditor and Treasurer shall make the proper entry in the joint custody book and initial the same. If on account of sickness or urgent necessity the Auditor is unavoidably absent the Deputy Auditor shall perform his du¬ ties. The estimated amount of money required daily for the pay¬ ment of demands against the treasury shall be taken from the joint custody safe and kept in another safe; and the money therein shall be balanced daily at the close of business hours. Original and Duplicate Receipts. Sec. 4. The Treasurer, on receiving any money into the treas¬ ury, shall make out and sign two receipts for the money. Such receipts shall be alike, except upon the face of one of them shall appear the word “Original,” and upon the face of the other shall appear the word “Duplicate.” Such receipts shall be numbered and dated, and shall specify the amount, on what account and from what person or officer received, and into what fund or on what account paid. The Treasurer shall enter upon the stubs of such receipts a memorandum of the contents thereof, and deliver the receipt marked “Original” to the person or officer paying such money into the treasury, and forthwith deliver the receipt Article IV, Chapter IV, Executive Department 43 marked ‘ £ Duplicate ’ ’ to the Auditor, who shall write upon its face the date of its delivery to him, and charge the Treasurer with the amount specified therein, and file the receipt in his office. Demands Must Specify Items. Unauthorized Demands. Sec. 5. No demand shall be paid by the Treasurer unless it specify each several item, date and amount composing it, and refer by title, date and section to the law, or ordinance or pro¬ vision of this Charter authorizing the same; but the allowance or approval of the Auditor, or of the Supervisors, or of any depart¬ ment, board or officer, of any demand which is not authorized by law or this Charter, and which upon its face appears not to have been expressly made payable out of the funds to be charged therewith, shall afford no warrant to the Treasurer for paying the same. Cancellation of Paid Demands. Register of Unpaid Demands. Sec. 6. Every lawful demand upon the treasury, audited and allowed as in this Charter required, shall in all cases be paid upon presentation, if there be sufficient money in the treasury applicable to the payment of such demand, and on payment cancelled with a punch, cutting the word “Cancelled” therein, and the proper entry thereof made. If, however, there be not sufficient money so applicable, then it shall be registered in a book kept for that purpose by the Treasurer. Such register shall show the special number given by the Supervisors or other authority, and also by the Auditor to each demand presented, also when presented, the date, amount, name of original holder, and on what account allowed and against what appropriation drawn and out of what specific fund payable. All demands shall be paid in the order of their registration. Each demand upon being so registered shall be returned to the party presenting it, with the endorsement of the word ££ Registered,” and dated and signed by the Treasurer; but the registration of any demand shall not operate to recognize or make valid such demand if incurred contrary to any of the provisions of this Charter. CHAPTER IV. THE ASSESSOR. Assessor’s Term, Salary, Appointees and Salaries. Section 1. There shall be an Assessor of the City and County, who shall be an elector of the City and County at the time of his election, and who must have been such for at least five years next preceding such time. He shall be elected by the people and hold office for four years. He shall receive an annual salary of eight thousand dollars, which shall be in full compensation for all his services. He may appoint a chief deputy, who shall receive an annual salary of twenty-four hundred dollars; one cashier, who shall receive an annual salary of eighteen hundred dollars; six 44 Charter of the City and County of San Francisco assistant deputies, who shall receive an annual salary of eighteen hundred dollars each; twenty-one clerks, who shall each receive an annual salary of twelve hundred dollars; and during four months of the 3 ^ear not more than one hundred clerks, who shall each be paid at the rate of not more than one hundred dollars a month during the time of their employment.—As amended De¬ cember 4, 1902, approved by the Legislature February 5, 1903 (Statutes 1903, page 586). Duties. Sec. 2. The Assessor shall assess all taxable property within the City and County at the time and in the manner prescribed by the general laws of the State. CHAPTER V. THE TAX COLLECTOR. Tax Collector: Qualifications. Term. Salary. Appointees. Salaries. Ex¬ tra Clerks. Compensation. Section 1. There shall be a Tax Collector of the City and County, who shall be an elector of the City and County at the time of his election and who must have been such for at least five years next preceding such time. He shall be elected by the people and hold office for two years. He shall receive an annual salary of four thousand dollars, which shall be in full compensation for all his services. He may appoint one chief deputy, who shall receive an annual salary of twenty-four hundred dollars; one cashier, who shall receive an annual salary of twenty-four hundred dollars; fifteen deputies, who shall each receive an annual salary of fifteen hundred dollars; and extra clerks, who shall each be paid at the rate of not more than one hundred dollars a month during the time of their employment, but the total amount of payment for such extra clerks shall not exceed thirty-six thousand dollars a 3 r ear. Tax Collector’s Powers and Duties. Sec. 2. The Tax Collector must collect all licenses which may at any time be required by law or ordinance to be collected within the City and County. He shall be charged with all taxes levied upon real and personal property within the City and County, upon the final settlement to be made by him according to law or this Charter. He shall pay into the treasury, without any de¬ duction for commissions, fees or charges of any kind or on any account, the full amount of all taxes, assessments and moneys re¬ ceived by him and not previously paid over, including all moneys paid under protest, and money received for taxes paid more than once, and for street assessments. He shall also be charged with, and be debtor to the City and County for the full amount of all taxes due upon the delinquent tax list delivered to him for col¬ lection, unless it appear to the satisfaction of the Supervisors expressed by resolution, that it was out of his power to collect Article IV, Chapter VI, Executive Department 45 the same by levy and sale of property liable to be seized and sold therefor. Attorney to Collect Delinquent Taxes. Sec. 3. The Tax Collector may appoint an attorney to prose¬ cute actions for the collection of delinquent taxes, and may agree on paying him as compensation therefor a stated percentage out of the amounts recovered; but such percentage shall in no case exceed fifteen per centum of the amounts recovered. Licenses in Charge of Tax Collector. Sec. 4. He shall examine ail persons liable to pay licenses, and see that licenses are taken out and paid for. In the performance of their official duties, he and his deputies shall have the same powers as police officers in serving process and in making arrests. He may demand the exhibition of any license for the current term from any person, firm or corporation engaged or employed in the transaction of any business for which a license is required; and if such person, firm or corporation shall refuse or neglect to ex¬ hibit such license, the same may be revoked forthwith by the Tax Collector. Auditor to Sign Licenses. Monthly Statement of Licenses. Sec. 5. The Auditor shall from time to time deliver to the Tax Collector such City and County licenses as may be required, and sign the same and charge them to the Tax Collector, specifying in the charge the amounts thereof named in such licenses respective¬ ly and the class of licenses, and take receipts therefor, and the Tax Collector shall sign and collect the same. The Tax Collector shall once in every month, and oftener when required by the Auditor, make to the Auditor a report under oath of all licenses sold and on hand, and of - all amounts paid to the Treasurer, and shall also in that regard comply with the regulations which may be prescribed by the Supervisors. At the time of making such report, the Tax Collector shall exhibit to the Auditor all licenses on hand and the Treasurer’s receipts for all moneys paid into the treasury. CHAPTER VI. THE CORONER. Coroner: Qualifications. Term. Salary. Duties. Morgue. Section 1. There shall be a Coroner of the City and County who shall be an elector of the City and County at the time of his election and who must have been such for at least five years next preceding such election. He shall be elected by the people and hold office for two years. He shall receive an annual salary of four thousand dollars. He shall perform such duties as may be prescribed by law or ordinance. He shall have the control and management of the Morgue of the City and County under such ordinances as the Supervisors may adopt. 46 Charter of the City and G©¥nty ©f San Fiun«i*«© Appointees. Salaries. Sec. 2. He may appoint an autopsy physician who shall receive an annual salary of twenty-four hundred dollars; a chief deputy, who shall receive an annual salary of twenty-four hundred dol¬ lars; three assistant deputies, who shall each receive an annual salary of fifteen hundred dollars; a stenographer and typewriter, who shall 1 receive an annual salary of eighteen hundred dollars; and a messenger, who shall receive an annual salary of nine hun¬ dred dollars. CHAPTER VII. THE RECORDER. Recorder: Qualifications. Term. Salary. Appointees. Copyists. Com¬ pensation. Section 1. There shall be a Recorder of the City and County who shall be an elector of the City and County at the time of his election and who must have been such for at least five years next preceding such election. He shall be elected by the people and hold office for two years. He shall receive an annual salary of thirty-six hundred dollars. He may appoint a chief deputy, who shall receive an annual salary of eighteen hundred dollars; two assistant deputies, who shall each receive an annual salar}^ of fifteen hundred dollars. He may also appoint as many copy¬ ists as he may deem necessary, who shall receive not more than eight cents for each one hundred words actually written; but no copyist shall be paid a greater compensation at this rate than amounts in the aggregate to one hundred dollars a month. Custodian of Public Records. Duties. Sec. 2. The Recorder shall take into his custody and safely keep all books, records, maps and papers deposited in his office. Upon demand and payment of the fees prescribed therefor by law or by ordinance, he must furnish to any one applying therefor a copy of any such book, record, map or paper, certified under the hand and seal of his office. When any papers are presented for filing or recording, he or his deputies shall write on the margin of each paper so presented the number of folios, the amount paid for recording the same, and shall number consecutively all in¬ struments and documents filed in his office. He shall also per¬ form all other duties at the time and in the manner prescribed by the general laws of the State. 47 Article V, Chapter I, Legal Department ARTICLE Y. LEGAL DEPARTMENT. CHAPTER I. THE SUPERIOR COURT JUDGES. Court Interpreters. Section 1. The Judges of the Superior Court of the City and County may appoint not to exceed five interpreters of foreign languages, who shall act as such interpreters in criminal actions and proceedings in all the courts in the City and County, and in examinations before Coroner ? s juries. Court Stenographers. Compensation. Sec. 2. The stenographers in the Criminal Departments of the Superior Court shall each receive an annual salary not exceeding twenty-four hundred dollars, which shall be in full compensation for all services, including transcription and all stationery used by them. CHAPTER II. THE CITY ATTORNEY. City Attorney: Salary. Term. Qualifications. Section 1. There shall be an Attorney and Counselor of the City and County, who shall be styled City Attorney, and who shall receive an annual salary of five thousand dollars. He shall be elected by the people and shall hold office for the period of two years. He must be at the time of his election an elector of the City and County and qualified to practice in all the courts of this State, and he must have been so qualified for at least ten years next preceding his election, during five years of which he must have been an actual resident of the City and County. He shall devote his entire time and attention to the duties of his office. Duties. Sec. 2. He must prosecute and defend for the City and County all actions at law or in equity, and all special proceedings for or against the City and County; and whenever any cause of action at law or in equity or by special proceedings exists in favor of the City and County he shall commence the same when within his knowdedge, and, if not within his knowledge, .when directed to do so by resolution of the Supervisors. He shall give legal advice, in writing, to all officers, boards and commissions named in this Charter, when requested so to do by them, or either of them, in writing, upon questions arising in their separate departments in¬ volving the rights or liabilities of the Cdy and County. He shall not settle or dismiss any litigation for or against the City and County under his control unless upon his written recommenda¬ tion he is ordered to do so by the Mayor and Supervisors. Records of City’s Legal Proceedings. Sec. 3. He shall keep on file in his office ail written communica- 48 Charter of the City and County of San Francisco tions and opinions given by him to any officer, board or depart¬ ment; the briefs and transcripts used in causes wherein he ap¬ pears: and bound books of record and registry of all actions or proceedings in his charge in which the City and County is inter¬ ested. Delivery of Records to Successor. Sec. 4. He shall deliver all books and records, reports, docu¬ ments, papers, statutes, law books and property of every descrip¬ tion in his possession, belonging to his office, or to the City and County, to his successor in office, who shall give him duplicate receipts therefor, one of which he shall tile with the Auditor. Appointees. Assistants. Salaries. Clerks. Salaries. Sec. 5. The City Attorney may appoint four assistants, the first of whom shall receive an annual salary of thirty-six hundred dol¬ lars: the second an annual salary of three thousand dollars; the third an annual salary of twenty-four hundred dollars, and the fourth an annual salary of eighteen hundred dollars. He may also appoint a chief clerk, who shall receive an annual salary of eighteen hundred dollars; an assistant clerk, who shall receive an annual salary of nine hundred dollars; a stenographer and typewriter, who shall receive an annual salary of nine hundred dollars; and a messenger, who shall receive an annual salary of nine hundred dollars. An officer of the Police Department shall be permanently detailed by the Chief of Police for the purpose of doing the detective work necessary in preparing and prosecut¬ ing the litigation of the office, who shall continue to serve on such detail during the pleasure of the City Attorney. The as¬ sistants and the chief clerk must each, at the time of his appoint¬ ment, be qualified to practice in all the courts of this State, and must have been so qualified at least two years next preceding his appointment. The assistants, clerks, typewriter and messenger shall be appointed by the City Attorney, and shall hold their offices at his pleasure, and the specific duties of each shall be pre¬ scribed by him. CHAPTER III. THE DISTRICT ATTORNEY. District Attorney: Term, Qualifications and Salary. Section 1. The District Attorney shall be elected by the people and shall hold office for two years. He shall be an elector of the City and County and must at the time of his election be qualified to practice in all the courts of this State, and must have been so qualified for at least five years next preceding his election. He shall receive an annual salary of five thousand dollars. Powers and Duties. Sec. 2. The District Attorney shall have all 1 the powers con¬ ferred, and shall discharge all the duties imposed upon, the Dis- Article V, Chapter III, Legal Department 49 trict Attorneys of counties by the general laws of this State, and in addition thereto shall attend, institute and conduct, on behalf of the people, all prosecutions cognizable in the Police Court of the City and County. He shall draw all complaints and warrants in said Police Court, prosecute all forfeited recognizances therein, and all actions for the recovery ot* fines, penalties, and forfeitures accruing to the City and County; deliver receipts for money or property received in his official capacity, and file duplicates there¬ for with the County Treasurer; file with the Auditor on the first Mondays of January, April, July and October in each year, an itemized statement under oath showing all moneys received by him in his official capacity during the preceding three months; keep a register of his official business in which must be entered a note of every action, whether criminal or civil, prosecuted offi¬ cially by him, and of the proceedings therein; and give, when required, without fee, advice to the Board of Police Commission¬ ers, the Chief of Police, the Board of Health and the Coroner, upon matters relating to the duties of their respective offices. Appointees. Assistants. Salaries. Duties. Sec. 3. He may appoint seven Assistant District Attorneys to aid him in the discharge of his official duties, three of whom shall act as prosecutors in the Superior Court, and shall each receive an annual salary of thirty-six hundred dollars, and four of whom shall act as the prosecuting attorneys of the Police Court, and shall each receive an annual salary of twenty-four hundred dol¬ lars. When any of the assistants of the District Attorney acting as such prosecuting attorneys in the Police Court are not actually engaged in work connected with prosecutions therein, they shall be at the call of the District Attorney for any service connected with his department. The assistants must each, at the time of his appointment, be qualified to practice in all the courts of this State, and must have been so qualified for at least two years next preceding his appointment. The District Attorney may also ap¬ point one chief clerk, who shall receive an annual salary of eighteen hundred dollars; one assistant clerk, who shall receive an annual salary of twelve hundred dollars; and one stenographer and typewriter, who shall receive an annual salary of nine hun¬ dred dollars. To Purchase Property on Execution Sales. Sec. 4. The District Attorney may, in the name of the City and County, bid for and purchase property at execution sales under judgments for the recovery of fines, penalties or forfeitures accru¬ ing to the City and County. 50 Charter of the City and County of San Francisco CHAPTER IV. THE PUBLIC ADMINISTRATOR. Public Administrator: Powers and Duties. Allowed Fees for Compensation. Section 1. The Public Administrator shall' be elected by the people, and he shall hold office for tAVO years. He shall have all the poAvers conferred, and shall discharge all the duties imposed upon, the Public Administrators of counties by the general latvs of this State, except as in this Charter otherwise specifically pro¬ vided. He shall be entitled to all such fees as may be allowed by law to the Public Administrators of the counties of the State in full compensation for all his services. CHAPTER V. THE COUNTY CLERK. County Clerk: Term. Powers and Duties. Clerk of Police Court. Salary. Section 1. The County Clerk shall be elected by the people and shall hold office for two years. He shall have all the powers conferred, and shall discharge all the duties imposed upon, the County Clerks of counties by the general iaAvs of this State, and in addition thereto shall attend and act as Clerk of the Police Court, keep the dockets and registers thereof, and take charge of and safely keep all books, papers and records AYhich may be filed or deposited in his office pertaining to the Police Court. He shall receive an annual salary of four thousand dollars. Appointees. Salaries. Cashier. Courtroom Clerks. Register Clerks. Copy¬ ists. Police Court Clerks. Sec. 2. To aid him in the discharge of his official duties, the County Clerk may appoint a Chief Register Clerk, who shall re¬ ceive an annual salary of twenty-four hundred dollars; a Cashier, who shall receive an annual salary of eighteen hundred dollars; twelve Court Room Clerks for the Superior Court, who shall each receive an annual salary of fifteen hundred dollars; five Register Clerks, who shall each receive an annual salary of eighteen hun¬ dred dollars; ten Assistant Register Clerks, who shall each re¬ ceive an annual salary of fifteen hundred dollars; sixteen copy¬ ists, Avho shall each receive an annual salary of twelve hundred dollars; and four Clerks for the Police Court, who shall each recefye an annual salary of fifteen hundred dollars. Copies of Papers. Charges. Sec. 3. For copies of papers furnished and certified by him, he shall charge not more than eight cents for each one hundred Avords. For certifying copies. AA 7 hich are not prepared by him, he shall be entitled to charge twenty-five cents, and also forty cents an hour for the time exceeding one hour necessarily occupied in comparing such copies. He must certify all papers presented to him which are copies of any document, paper or record, or por¬ tions thereof, in his custody. Article V, Chapters VI and VII, Legal Department SI CHAPTER VI. THE SHERIFF. Sheriff: Term. Salary. Powers and Duties. Section 1. The Sheriff shall be elected by the people, and he shall hold office for two years. He shall receive an annual salary of eight thousand dollars, which shall be in full compensation for all official services required of him by law; but said salary shall be exclusive of the compensation received by him from the State for the delivery of prisoners to the State prisons, and insane per¬ sons to the State asylums for the insane. He shall have all the powers conferred, and shall discharge all the duties imposed upon the Sheriffs of counties by the general laws of this State. Appointees. Salaries. Sec. 2. He may appoint the following deputies and employees, who shall each respectively receive the following annual salaries: One Under Sheriff, twenty-four hundred dollars; one Attorney, eighteen hundred dollars; one Chief Bookkeeper, eighteen hun¬ dred dollars; two Assistant Bookkeepers, fifteen hundred dollars; ten Office Deputies, fifteen hundred dollars; fourteen Bail¬ iffs, twelve hundred dollars; one Chief Jailer at Branch Jail Number One, eighteen hundred dollars; ten Jailers at Branch Jail Number One, twelve hundred dollars; one Superintend¬ ent of Branch Jails Numbers Two and Three, eighteen hun¬ dred dollars; sixteen Guards at Branch Jail Number Two, six hundred dollars; one Matron at Branch Jail Number Three, nine hundred dollars; six Guards at Branch Jail Number Three, six hundred dollars; one Commissary to act for all jails, fifteen hun¬ dred dollars; one Driver of Van, nine hundred dollars; and one Bookkeeper for all said Branch Jails, fifteen hundred dollars. Duties of Deputies. Sec. 3. The Sheriff may designate the services to be performed by his deputies. CHAPTER VII. THE JUSTICES’ COURTS. Justices of the Peace. Salaries. Chief Clerk. Deputies. Section 1. The Justices of the Peace shall each receive an an¬ nual salary of twenty-four hundred dollars, except the Presiding Justice, who shall receive an annual salary of twenty-seven hun¬ dred dollars. They shall appoint a Chief Clerk who shall hold office for two years, and receive an annual salary of twenty-four hundred dollars. The Chief Clerk may appoint five deputies, each of whom shall receive an annual salary of twelve hundred dollars. Charter of the City and County of San Francisco 59 CHAPTER VIII. THE POLICE COURT. Police Court. Four Judges. Term. Salary. Qualifications. Departments. Presiding Judge. Sessions of Court. Section 1. There is hereby created and established in and for the City and County of San Francisco a Court to be known as the Police Court of the City and County of San Francisco. Said Court shall consist of four Judges, who shall be elected by the people and hold office for four years. They shall each receive an annual salary of thirty-six hundred dollars. They shall be elec¬ tors of the City and County at the time of their election, and must have been such for at least live years next preceding such time No person shall be eligible to the office of Judge of the Police Court who is not at the time of his election qualified to practice in all the Courts of this State, and who has not been so qualified for at least five years next preceding his election. The Court shall be divided into departments known as Department Number One, Department Number Two, Department Number Three, and Department Number Four. The Judges of such Court may hold as many sessions of the Court at the same time as there are Judges thereof. The Judges who shall be elected at the first election under this Charter shall so classify themselves by lot that two of them shall go out of office in two years and two of them in four years. They shall choose from their number a Presiding Judge who shall serve for one year. The Presiding Judge shall assign the Judges to their respective departments; but any of the Judges may preside in any of the departments in the absence or inability of tin- Judge regularly assigned thereto. The judgments, orders and proceedings of any session of the Court held by any one or more of the Judges shall be equally effectual as if all the Judges had presided at such session. Jurisdiction. Violation of Ordinances. Other Misdemeanors and Felonies. Powers in Criminal Actions. Sec. 2. The Police Court of the City and County of San Fran¬ cisco shall have: First —Exclusive jurisdiction of all prosecutions for the viola¬ tion of ordinances of the Board of Supervisors. Second —Concurrent jurisdiction with the Superior Court of all other misdemeanors and of the examination of all felonies com¬ mitted in the City and County. Third —Said Court, or any Judge thereof, shall have the same powers in all criminal actions, cases, examinations and proceedings as are now or may hereafter be conferred by law upon Justices of the Peace. Proceedings, How Conducted. Sec. 3. Proceedings in said Court shall be conducted in ac¬ cordance with the laws of this State regulating proceedings in Article V, Chapter VIII, Legal Department 53 Justices’ and Police Courts and appeals to the Superior Court; and said Court or any Judge thereof shall have the same power in all criminal actions, cases and proceedings as are now or may be hereafter conferred by the general laws of this State upon Jus¬ tices of the Peace; provided, that: First —-No case shall be dismissed or fine imposed until the testimony for the prosecution shall be taken. Second —Any defendant who neglects to file his statement on appeal within ten days after sentence shall lose his right to ap¬ peal 1 , unless good cause for the delay be shown by affidavit. Press of business on the part of defendant’s attorney shall not be deemed good cause for delay. Unless the District Attorney shall file amendments to the proposed statement on appeal within five days after the same shall have been filed and served, the proposed statement on appeal shall be the statement on appeal. The Judge before whom the case was tried shall settle the statement on ap¬ peal within five days after the District Attorney shall have filed his amendments to the proposed statement. Third —Any person who shall solicit or importune any of said Judges, either before or after judgment, to dismiss a case, or miti¬ gate a sentence, unless the same be done in open court, shall be guilty of a contempt of court. Fourth —A complaint may be demurred to on the ground that it does not set forth the offense charged with such particularities of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of, and the complaint may be amended by permission of the Court after a demurrer is sustained. Fifth —A defendant in custody shall have the right to be tried before a defendant on bail, and felonies shall be heard before mis¬ demeanors. Sixth —The Judges of said Court shall try all cases as speedily as possible, and must refuse continuances after the first calling of a case for trial except upon affidavit showing good cause there¬ for. Seventh —Other than lawfully authorized surety companies, no person shall be eligible to be a bondsman for any defendant on trial in the Police Court, or on appeal from a judgment therein, except he take an oath that the property specified in the under¬ taking is in the City and County of San Francisco, and that he is worth the amount specified, exclusive of property exempt from execution, and exclusive of all demands for which he may become liable by reason of the forfeiture of any appeal or bail bonds for which he is surety. District Attorney Must Attend. Sec. 4. The District Attorney, either in person or by his As¬ sistants, must be present at the sessions of the Court and attend to the prosecution of all cases coming before it, and make out 54 Charter of the City and County of San Francisco all complaints and warrants for the arrest of persons charged with crime to be prosecuted in said Court. Warrant and Bond Clerks. Salaries. Qualifications. Duties. Form of Bonds, Bail. Sec. 5. The District Attorney shall appoint a Warrant and Bond Clerk who shall receive a salary of twenty-four hundred dollars a year, and three Assistant Warrant and Bond Clerks, each of whom shall receive a salary of fifteen hundred dollars a year. No person shall be appointed a Warrant and Bond Clerk who is not at the time of his appointment qualified to practice in all the Courts of this State. The Warrant and Bond Clerk shall keep his office open continuously night and day for the trans¬ action of business; shall draw complaints in actions in the Police Court, and approve the same with his written signature; shall have the custody of all bail bonds and appeal bonds taken in the Police Court; shall examine the sufficiency of every bail bond and appeal bond taken in the Police Court and make a return thereon, within forty-eight hours after such bond shall have come into his possession, in the following form: “I, ., Warrant and Bond Clerk of the City and County of San Francisco, have examined the within bond and find it good in law. I have examined the record of the City and County of San Francisco, and find the property, its own¬ ers and incumbrances herein described, to be correct according to said records. (Signed ., Warrant and Bond Clerk.) ” The Warrant and Bond Clerk shall endorse upon the bond the time when it was issued by him, or when it came into his posses¬ sion. He may issue bail bonds and appeal bonds when the lia¬ bility thereof does not exceed two thousand dollars, and order the discharge from custody of the persons for whom the bonds are issued; and he may take cash bail to the extent in any one case of one thousand dollars. He. must account for and pay to the Treasurer all moneys received as bail in the manner that the County Clerk is required by law to account for and pay moneys received as fees. No clerk of the Police Court shall ever take bail or order the release of any one charged with an offense. Fixing Bail. Sec. 6 . Tn the matter of fixing bail and ordering the release of prisoners the Warrant and Bond Clerk shall be subject to the Judges of the Police Court, and any violation of a valid order of any of said Judges shall be a contempt of Court. Office Always Open. Sec. 7. For any failure to keep the office of the Warrant and Bond Clerk open continuously he shall be immediately removed from office by the District Attorney or by the Mayor. Who May Accept Bail. Sec. 8. It shall be a misdemeanor for any person other than Article V, Chapter VIII, Legal Department 55 a Judge of some Court in the City and County, or other than said Warrant and Bond Clerk, to receive bail money for defendants or to order their discharge. Service of Papers. Sec. 9. All demurrers to complaints, notices of motion, state¬ ments and bills of exception on appeal to the Superior Court, must be served upon the Assistant District Attorney acting in the Department of the Court in which the case is set for hearing, or heard or tried. Clerk of Police Court. Duties. Sec. 10. The County Clerk shall be the Clerk of the Police Court, and he must be present either in person or by deputy at all sessions of the Court in the departments thereof; call the daily calendar of the departments, and keep full and complete records of all cases in the Court and the disposition made thereof by the Court. * Stenographers. Duties. Sec. 11. The Police Judges may appoint not more than two competent stenographers who shall attend the sessions of the Court and take notes of all preliminary examinations made at the sessions, and transcribe into type-written long hand all evidence taken by either of them where the parties charged have been held for trial, and deliver one copy of the same to the Clerk and one copy to the District Attorney. Each of such stenographers shall be paid for all his services, including transcription and all sta¬ tionery used by him, an annual salary of twenty-four hundred dollars. Justices May Act. Sec. 12. The Mayor may in writing appoint any Justice of the Peace to act as Judge of the Police Court, or any department thereof, during the temporary absence or inability of the Judge to act. Chief of Police to Furnish Daily Calendar of Arrests. Sec. 13. The Chief of Police shall cause to be made out and delivered to each of the Clerks of the Court at or before nine o ’clock in the forenoon of each day a calendar of arrests in which the cases shall have been assigned to the departments of the Court in accordance with the rules and regulations established by the Police Judges. The calendar shall state ‘‘the offense charged;” whether the defendant is “in custody” or “on bail;” “the amount of bail;” “whether cash or bond,” and “the name of the arresting officer.” Bailiffs in Court. Sec. 14. The Chief of Police shall appoint one or more Police Officers to attend the sessions of the Police Court in each depart¬ ment thereof to preserve order and execute the orders of the Court, 56 Charter of the City and County of San Francisco Rules. Sf.o. 15. The Police Judges shall adopt all necessary rules and regulations for conducting the business of the Court. Attorneys ’ Qualifications. Sec. 16. No attorney shall appear in said Court to prosecute or defend persons charged with offenses unless at the time of his appearance he be qualified to practice law in all the courts of this State. Police Judges. Term of Those Elected in 1898. Sec. 17. The term of office of the Police Judges elected at the general election held in the year eighteen hundred and ninety- eight shall terminate at the hour of noon on the first Monday after the first day of January in the year nineteen hundred, and they shall at said time be succeeded by the Police Judges provided for in this Chapter; and all proceedings pending in said Court shall be transferred to the Police Court created under this Char¬ ter, and the Judges elected as herein provided shall have and obtain jurisdiction of the same. CHAPTER IX. THE SAN FRANCISCO LAW LIBRARY. Law Library. Rooms. Act of the Legislature. Section 1. The Supervisors must provide, fit up and furnish, with fuel, lights, stationery, and all necessary conveniences, at¬ tendants and care, rooms conveniemt and accessible to the judges and officers of the courts and of the municipal government suffi¬ cient for the use and accommodation of the San Francisco Law Library, established under an Act of the Legislature of this State entitled: “An Act to provide for increasing the Law Library of the corporation known as the San Francisco Law Library, and to secure the use of the same to the Courts held at San Francisco, the Bar, the City and County Government and the People of the City and County of San Francisco,” approved March 9th, 1870. The Supervisors must appropriate, allow and order paid out of the proper fund such sums as may be necessary for the purposes aforesaid; and all sums lawfully appropriated and expended pur¬ suant hereto shall be paid out of the proper fund on demands duly audited, in the mode prescribed by this Charter for auditing other demands upon the treasury. The County Clerk must pay monthly to the Treasurer of the San Francisco Law Library such moneys as he shall collect under the Act referred to for the benefit of said Law Library. Article VI, Chap. I, Department of Public Works 57 ARTICLE VI. DEPARTMENT OF PUBLIC WORKS. CHAPTER I. THE BOARD OF PUBLIC WORKS. Board of Commissioners. Appointed by Mayor. Terms. Qualifications. Salary. Section 1. There shall be a Department of Public Works un¬ der the management of three Commissioners who shall constitute the Board of Public Works, and who shall give all their time dur¬ ing official business hours to the duties of their office. The mem¬ bers of said Board shall be appointed by the Mayor. Of those first appointed he shall appoint one for one year, one for two years, and one for three years. Each year thereafter he shall appoint for three years one person as the successor of the Com¬ missioner whose term of office expires in that year. All such ap¬ pointments shall be so made that not more than one member shall at any one time belong, to the same political party. No person shall be eligible for appointment as such Commissioner unless he is, and has been for at least five years next preceding his appoint¬ ment, an elector of the City and County. Each of said Commis¬ sioners shall receive an annual salary of four thousand dollars. President of the Board. Term. Sec. 2. Of the Commissioners first appointed under this Char¬ ter, one shall be designated by the Mayor to serve as President for one year. All subsequent Presidents of the Board shall be elected by the members thereof for terms to be fixed by said Board. The President of the Board shall in each case hold office until his successor has been elected or until his membership on the Board expires. Secretary of the Board. Salary. Employees. Compensation. Sec. 3. The Board may appoint a Secretary who shall receive an annual salary of eighteen hundred dollars. The Board may employ such clerks, superintendents, inspectors, engineers, sur¬ veyors, deputies, architects and workmen as shall be necessary to a proper discharge of their duties under this Article, and fix their compensation; but no compensation to any of said persons shall be greater than is paid in the ease of similar employments. Rules and Regulations. Sec. 4. The Board shall establish all necessary rules and regu¬ lations for its government, and for the performance of its duties, and for the regulation and conduct of its officers and employees; and shall require adequate bonds from its officers and employees, except laborers, for the faithful performance of all their duties in such sums as may be fixed by the Supervisors. Said bonds shall be approved by the Mayor and shall be filed in the office of the Auditor. 58 Charter of the City and County of San Francisco M eetings. Place and Time. Sec. 5. The Board shall hold regular meetings at least once each week at a place and time to be fixed by resolution entered on its minutes. No changes in place or time of regular meetings shall be made without a resolution passed at least two weeks be¬ fore the time the change is to go into effect. Such special meet¬ ings may be held as the Commissioners may deem necessary after notice of the same has been posted ten hours before the time of holding any such meeting. All meetings shall be public. No busi¬ ness shall be transacted at an adjourned meeting except such as may have been under, or proposed for, consideration at the meet¬ ing from which the adjournment was had. No business shall be transacted at a special meeting except that which is named in the notice of said meeting. Special meetings may be called by any member of the Board. In every case where a power is exercised under this Article by the Board the vote thereon shall be taken by a}^es and noes. Record to Be Kept. Duties of Secretary. Sec. 6. The Board shall keep and preserve a record of all its proceedings, and copies of all plans, specifications, reports, con¬ tracts, estimates, certificates, receipts, surveys, field notes, maps, plats., profiles, and of all papers pertaining to the transactions of the Board. The Secretary of the Board shall keep a record of all its transactions, specifying therein the names of the Commis¬ sioners present at all the meetings, and giving the ayes and noes upon all votes. The Secretary shall post and publish all orders, resolutions and notices as required in this Chapter or which the Board shall order to be posted or published. He shall perform such other duties as may from time to time be prescribed by the Board. Fowers and Duties of the Board. Sec. 7. The Board shall be the successor in office and shall have all the powers and perform all the duties of the Superin¬ tendent of Streets, Highways and Squares, of the New City Hall Commissioners, and of the Commissions in existence at the time this Charter goes into effect for the opening, extending, widening, narrowing, straightening, closing or changing the grades of streets in the City and County. Custodian of All Official Matters Relating to Streets. Sec. 8. The Board shall immediately after its organization take possession and have the custody and control of all maps, plats, surveys, field notes, records, plans, specifications, reports, contracts, models, machinery, instruments, tools, appliances, contract rights, privileges, books, documents and archives and other property belonging to the City and County, or which may be of value and importance to the City and County, and heretofore kept by or in the offices of the City and County Surveyor, the Superintendent of Public Streets, Highways and Squares, the Article VI, Chap. I, Department of Public Works 59 Board of New City Hall Commissioners, and all commissions in existence at the time this Charter goes into effect for the opening, extending, widening, narrowing, straightening, closing or chang¬ ing the grades of streets, and all other business and works per¬ taining to any of said offices or commissions. Matters Under Control of the Board. Sec. 9. The Board of Public Works shall have charge, super¬ intendence and control, under such ordinances as may from time to time be adopted by the Supervisors: Streets. Pipes, Wires, Sewers, Etc. 1. Of all public ways, streets, avenues, lanes, alleys, places, courts, roads, highways and boulevards now opened or which may hereafter be opened in the City and County; of the manner of their use; and of all work done upon, over or under the same; and herein particularly the Board shall have exclusive authority to prescribe rules and grant permits, in conformity with the ordi¬ nances of the Supervisors, for the moving of buildings through the streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks, and of temporary fences enclosing areas upon the sidewalks; the laying down and construction of railroad tracks in the streets: the erection of telegraph and tele¬ phone poles, and poles for electric lighting, and the laying under the surface of the streets or sidewalks of telegraph or telephone wires, and wires for electric lighting and power; the construction of drains and sewers; the laying down and taking up of gas, steam and water pipes, pneumatic or other tubes or pipes, and sewers and drains, and determining the location thereof; the using of the street or any portion thereof for the deposit of building ma¬ terial in front of a building during its construction or repair, or for any purpose other than such as ordinarily and properly be¬ longs to the public from the dedication thereof to public use; and without such permission in waiting from said Board no person shall do any of the acts in this section enumerated; but nothing in this section shall be so construed as to give said Board the power to grant permits for or allow the permanent encroachment upon any sidewalk of any structure; Drainage. 2. Of all sewers, drains and cesspools, and of the work per¬ taining thereto or to the drainage of the City and County; Cleaning and Sprinkling, and Lighting. 3. Of the cleaning and sprinkling of all public streets, avenues, alleys, places, courts, roads, highways and boulevards, and the lighting of the same and the lighting of the parks, squares and other public places and public buildings; Public Buildings. 4. Of the cleaning of all the public buildings of the City and County and of the appointment of such janitors and employees as are needed for such purpose; 60 Charter of the City and County of San Francisco Building Construction. 5. Of the supervision of any and all building construction in the City and County: Constructing Public Buildings. 6. Of the construction of any and all public buildings and structures, under plans duly approved by the various departments, including all school houses and fire-department buildings, and the repair and maintenance of any and all buildings and structures owned by the City and County; Conduits. Garbage. Sewer System. 7. Of any and all wires and conduits, the collection and dis¬ posal of street refuse, garbage and sewage, and the designing, construction and maintenance of the sewerage and drainage sys¬ tems of the City and County ; Public Utilities. 8. Of any and all public utilities owned, controlled or operated by the City and County, or which may hereafter be so owned, controlled or operated. Proceedings Relative to Excavation of Streets. 9. When at any time any person, company or corporation de¬ sires to have opened or torn up the roadway of any street, lane, alley, place or court in the City and County for any purpose, a written application shall be made to the Board of Public Works for permission to do so. The Board shall thereupon make an esti¬ mate of the expense of opening or tearing up such street, lane, alley, place or court and of restoring the same to as good a con¬ dition as it was in before said opening or tearing up. Such per¬ son, company or corporation must thereupon deposit the amount of such estimate with the Board of Public Works which shall thereupon pay the same into the General Fund. The Board shall thereupon proceed to open or tear up said street, lane, alley, place or court as in said application requested, and shall at the proper time restore such street, lane, alley, place or court to as good a condition as it was in before said opening or tearing up. Contracts for the doing of such work by the Board may be let b}^ it in the manner provided in this Chapter, or the work may, at the option of the Board, be done by days’ labor. If the expense of such work has been more than the aforesaid estimate, the person, company or corporation shall be indebted to the City and County for such balance; and the same shall 1 con¬ stitute a lien upon the property of such person, company or cor¬ poration. Said lien shall remain in force until such balance has been paid, or until the lien shall be legally discharged. Said lien may be enforced by suit brought by the City and County in ac¬ cordance with the provisions of the Code of Civil Procedure of the State of California. If the expense of such work has been less than the aforesaid estimate, then the surplus shall constitute Article VI, Chap. I, Department of Public Works 61 a claim in favor of such person, company or corporation, against the City and County, and as such shall be presented, approved and paid as other claims. Data for Supervisors. Sec. 10. All examinations, plans and estimates required by the Supervisors in connection with any public improvements or utilities, shall be made by the Board of Public Works and it shall, when requested to do so. furnish information and data for the use of the Supervisors. City Engineer and Duties. Sec. 11. Said Board shall appoint a Civil Engineer of not less than five years’ practical experience as such, who shall be desig¬ nated the City Engineer. He shall hold his office at the pleasure of the Board. He shall perform all the civil engineering and surveying re¬ quired in the prosecution of the public works and improvements done under the direction and supervision of said Board, and shall certify to the progress and completion of the same, and do such other surveying or other work as he may be directed to do by said Board or by the Supervisors. He shall possess the same power in the City and County in making surveys, plats and certificates as is or may from time to time be given by law to City Engineers and to County Surveyors, and his official acts and all plats, sur¬ veys and certificates made by him shall have the same validity and be of the same force and effect as are or may be given by law to those of City Engineers and County Surveyors. No street assess¬ ment shall be valid without his certificate as to the quantities and unless it be to the effect that the work has been done to the offi¬ cial lines, elevations and grades. City Engineer. Salary and. Fees. Sec. 12. He shall serve the Board exclusively and shall not be engaged in any other business while he is in its service. He shall receive no compensation except his salary. The Board shall by resolution establish fees and charges for the services to be performed by the City Engineer for persons, companies and cor¬ porations, and may from time to time change and adjust the same. Said Engineer shall require such fees or charges to be paid in ad¬ vance for any official act or service demanded of him, and such moneys thus paid shall be paid to the Treasurer and credited by him to such fund or funds as said Board may direct. Appointees of Board. Sec. 13. The Board shall appoint the necessary heads of de¬ partments under its charge. Each such head shall have the sole executive control in its own department, subject to the rules and regulations prescribed by the Board. Public Work by Contract. Sec. 14. All public work authorized by the Supervisors to be done under the supervision of the Board of Public Works shall, 0 62 Charter of the City and County of San Francisco unless otherwise determined by the Board of Public Works, be done under written contract, except in case of urgent necessity as hereinafter provided; and except as otherwise specifically pro¬ vided in this Charter, the following proceedings shall be taken in all cases in the matter of the letting of contracts by said Board. Before the award of any contract for doing any work authorized by this Article, the Board shall cause notice to be posted con¬ spicuously in its office for not less than five days, and published for the same time, inviting sealed proposals for the work contem¬ plated; except, however, that when any repairs or improvement, not exceeding an estimated cost of five hundred dollars, shall be deemed of urgent necessity by the Board, such repairs or improve¬ ment may be made by the Board under written contract or other¬ wise, without advertising for sealed proposals. Advertisement for Proposals. Sec. 15. Said advertisement and notice shall invite sealed pro¬ posals to be delivered at a certain day and hour at the office of the Board for furnishing the materials for the proposed work, or for doing said work, or for both, as may be deemed best by the Board, and shall contain a general description of the work to be done, the materials to be furnished, the time within which the work is to be commenced, and when to be completed, and the amount of bond to be given for the faithful performance of the contract, and shall refer to plans and specifications on file in the office of the Board for full details and description of said work and materials. Requirements for Bids for Public Work. Sec. 16. All proposals shall be made upon printed forms to be prepared by the Board, and furnished gratuitously upon ap¬ plication, with a form for the affidavit hereinafter provided for printed thereon. Each bid shall have thereon the affidavit of the bidder that such bid is genuine, and not collusive or sham; that he has not colluded, conspired, connived or agreed, directly or in¬ directly, with any other bidder or person to put in a sham bid, or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City and County, or any person interested in said improve¬ ment, for himself or any other person. All bids shall be clearly and distinctly written, without any erasure or interlineation, and if any bid shall have an erasure or interlineation it shall not be received or considered by the Board, Any contract made in vio¬ lation of any of the foregoing provisions, and in the case of im¬ provement of streets, any assessment for the work done under such contract, shall be absolutely void. All proposals offered shall be accompanied by a check, certified by a responsible bank, payable to the order of the Clerk of the Supervisors, for an amount not less than ten per centum of the Article YI, Chap. I, Department of Public Works 63 aggregate of the proposal, and no proposal shall be considered unless accompanied by such check. No person, corporation or firm shall be allowed to make, file, or be interested in, more than one bid for the same work. If on the opening of said bids more than one bid appear in which the same person, corporation or firm is interested, all such bids shall be rejected. Delivery and Opening of Bids, and Award of Contract. Sec. 17. On the day and at the hour specified in said notice inviting sealed proposals the Board shall assemble and remain in session for at least one hour, and all bids shall be delivered to the Board while it is so in session, and within the hour named in the advertisement. No bid not so delivered to the Board shall be con¬ sidered. Each bid as it shall be received shall be numbered and marked “Filed” by the President and authenticated by his sig¬ nature. At the expiration of the hour stated in the advertisement within which the bids will be received, the Board shall, in open session, open, examine and publicly declare the same, and an ab¬ stract of each bid shall be recorded in the minutes of the Board by the Secretary. Before adjourning, the Board shall compare the bids with the record made by the Secretary, and shall there¬ upon. at said time, or at such other time, not exceeding twenty days thereafter, as the Board may adjourn to, award the contract to the lowest bidder, except as otherwise herein provided. No¬ tice of such award shall forthwith be posted for five days by the Secretary of the Board in some conspicuous place in the office of the Board, and be published for the same period of time. The Board may reject any and all bids, and must reject the bid of any party who has been delinquent or unfaithful in any former contract with the City and County, and all bids other than the lowest regular bid; and on accepting said lowest bid, shall there¬ upon return to the proper parties the checks corresponding to the bids so rejected. If all the bids are rejected, the Board shall re¬ turn all the checks to the proper parties and again invite sealed proposals as in the first instance. The check accompanying the accepted bid shall be held by the -Secretary of the Board until the contract for doing said work, as hereinafter provided, has been entered into, whereupon said certified check shall be returned to said bidder. If said bidder fails or refuses to enter into the contract to do said work, as hereinafter provided, then the certified check ac¬ companying his bid, and the amount therein mentioned, shall be forfeited to the City and County, and shall be collected and paid into the General Fund. Neither the Board of Public Works nor the Supervisors shall have poAver to relieve from or remit such forfeiture. Penalty for Collusion. Sec. 18. If at any time it shall be found that the person to 64 Charter of the City and County of San Francisco whom a contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, for the purpose of preventing any other bid being made, then the contract so award¬ ed shall be null and void, and the Board shall advertise for a new contract for said work. Owners of Major Part of Frontage May Do the Work. Sec. 19. In the case of improvement of streets, the owners of the major part of the frontage of lots and lands upon the street whereon the work is to be done, or which are liable to be assessed for such work, or, in the case of an assessment district, the owners of a major part of the superficial area embraced in such district, or their agents, shall not be required to present sealed proposals, but may, upon making oath that they are such owners, or the agents of such owners, within ten days after the first posting of notice of said award, elect to take said work and enter into a writ¬ ten contract to do the whole work at the price at which the same has been awarded. Should such owners not enter into a written contract therefor within said ten days, or should they enter into such contract and fail to commence the work within the time stated therein, which time shall not be less than ten nor more than twenty days from the time of the execution of such contract, the Board shall enter into a contract with the original bidder to whom the contract was awarded at the price specified in his bid. If the original bidder shall fail or refuse for fifteen days after the first posting of notice of the award to enter into the contract, the Board shall again advertise for proposals as in the first instance. Failure to Complete Work. Sec. 20. If the owners or contractor who may have entered into any contract do not complete the same within the time limited in the contract, or within such further time as is hereinafter pro¬ vided, the Board may relet the unfinished portion of said work in accordance with the provisions in this Chapter prescribed for the letting of the whole. Contracts by Board of Public Works. Bonds of Contractors. Progressive Payments. Sec. 21. All contracts shall be drawn under the supervision of the City Attorney, and shall contain detailed specifications of the work to be done, the manner in which it shall be executed, and the quality of the material to be used. Every contract entered into by the Board shall be signed by all the members thereof, and by the other contracting party. All coi tracts shall be signed in triplicate, one of which, with the specifications and drawings, if any, of the work to be done, and materials to be furnished, shall be filed with t-he Clerk of the Supervisors; one thereof, with said specifications and drawings, shall be kept in the office of the Board, and the other, with said specifications and drawings, shall be delivered to the contractor. At the same time with the execution of the contract, the con- Article VI, Chap. I, Department of Public Works 65 tractor shall execute to the City and County and deliver to the Secretary of the Board a bond in the sum named in the notice for proposals, with two or more sufficient sureties to be approved by the Board, or shall deposit with the Secretary a certified check upon some solvent bank for said amount, for the faithful per¬ formance of the contract. No surety on any bond other than law¬ fully authorized surety companies shall be taken unless he shall be a payer of taxes on real property, not exempt from execution or subject to homestead claim, the assessed value of which, over and above all incumbrances, is equal in amount to his liabilities on all bonds on which he may be surety to the City and County and each surety shall justify and make an affidavit (for which a form shall be printed upon said bond) signed by him, that he is assessed upon the last assessment book of the City and County in his own name, for real property, in an amount greater than his liability on all bonds on which he is surety to the City and County, and that the taxes on such property so assessed are not delinquent. The contract shall specify the time within which the work shall be commenced, and when to be completed, as was specified in the notice inviting proposals therefor. Upon the recommendation of the Board, the Supervisors may extend said time, but in no event shall the time for the performance of said contract be extended by the Supervisors more than ninety days beyond the time origi¬ nally fixed for its completion; but, on the unanimous recommenda¬ tion of the Board of Public Works, a further extension may be granted by vote of fourteen members of the Board of Supervisors. In case of failure on the part of the contractor to complete his contract within the time fixed in the contract, or within such ex¬ tension of said time as is herein provided, his contract shall be void, and the Supervisors shall not thereafter pay or allow to him any further compensation for any work done by him under said contract; and in the case of the improvement of streets, where the work is to be paid for by assessment levied upon real property, no assessment shall be made for the work done under said contract. Any contract may provide for progressive payments if in the ordinance authorizing or ordering the work permission is given for such a contract. But no progressive payments can be provided for or made at any time which, with prior payments, if there have been such, shall exceed in amount at that time seventy-five per cent of the value of the labor done and materials furnished and used up to that time, and no contract shall provide for or author¬ ize or permit the payment of more than seventy-five per cent of the contract price before the completion and acceptance by the proper officer or board of the work done under said contract.— As amended November 5, 1907, approved by the Legislature No¬ vember 23, 1907 ( Statutes Special Session, 1907, page 35). 66 Charter of the City and County of San Francisco A cceptance of Work. Sec. 22. The work in this Article provided for must be done under the direction and to the satisfaction of the Board of Public Works; and the materials used must be in accordance with the specifications and be to the satisfaction of said Board, and all contracts provided for in this Article must contain a provision to that effect, and also, that in no case, except where it is otherwise provided in this Charter, will the City and County, or any depart¬ ment or officer thereof, be liable for any portion of the expense, or in the case of improvement of streets, for any delinquency of per¬ sons or property assessed. When said work shall have been completed to the satisfaction and acceptance of the Board, it shall so declare by resolution, and thereupon the Board shall deliver to the contractor a certificate to that effect. CHAPTER II. IMPROVEMENT OF STREETS. Street Improvement. Width and Grade. Section 1. All streets, lanes, alleys, places or courts, in the City and County, now open or dedicated or which may hereafter be opened or dedicated to public use, shall be deemed and held to be open public streets, lanes, alleys, places or courts, for the pur¬ poses of this Chapter: and the Supervisors are hereby empowered to fix the width and grade thereof, and to order to be done therein and thereon an} r and all street work and street improvement under the proceedings hereinafter described. Application. Board to Recommend Work. Recommendation of Board to Supervisors. Sec. 2. Application for the doing of any such work or im¬ provement must in the first instance, except where otherwise pro¬ vided in this Article, be made in writing to the Board of Public Works by an owner or owners of property liable to be assessed for the same, or by their agents, or by the Board of Health for sanitary reasons, or by the Supervisors, expressed by resolution. Such application need but in general describe or refer to the work or improvement applied for; and if the expense thereof or any portion of such expense is to be assessed upon private prop¬ erty, the Board of Public Works shall investigate the same, and may modify, amend, alter, or increase the same, as it may deem proper; and if the Board determine that the work or improvement so applied for, or as so modified, amended, altered or increased, is expedient, it shall so report to the Supervisors; the Supervisors shall not order any such improvement until the same has been recommended by said Board When the construction of any sewer or drain shall involve a cost of more than five dollars per lineal foot for any block, it shall not be authorized except by an Article VI, Chap. II, Department of Public Works 67 ordinance passed by the affirmative vote of not less than fourteen members of the Board of Supervisors. If an application is made for any work or improvement of which the expense is to be paid by the City and County, and the Board of Public Works shall not approve of such application, it shall report to the Supervisors its reasons for such disapproval, and the Supervisors may then, after having obtained from the Board of Public Works an estimate of the expense of said work or improvement, by ordinance passed by the affirmative vote of not less than fourteen members of the Board of Supervisors, order the doing of said work, or the mak¬ ing of said improvement. The Board of Public Works may also, except as herein pro¬ hibited, recommend any improvement, the expense of which is to be paid by the City and County, though no application may have been made therefor, and must make, with said recommendation to the Supervisors, an estimate of the expense, and in such case the Supervisors may order the same done. No street work or street improvements of any kind shall be or¬ dered to be done by the Supervisors unless a written recommenda¬ tion to do the same has been made to them by the Board of Public Works, except in the case herein before provided, and all such recommendations shall be made matters of record in the office of said Board. When the Board shall recommend any work to be done on a street intersection or crossing, where the streets do not intersect each other at right angles, it shall in each such case determine what lots in the blocks adjacent to such intersection or crossing will be benefited by said work, and shall cause a map to be made on which shall be delineated the lots so to be benefited. Such map shall be transmitted to the Supervisors with said recommendation. — As amended December 4, 1902, approved by the Legislature February 5, 1903 (Statutes , 1903, page 587). Posting and Mailing of Notices. Sec. 3. Before recommending to the Supervisors the ordering of any work or improvement, the expense of which, or any part thereof, is to be assessed upon private property, the Board of Public Works shall pass a resolution of its intention to recom¬ mend the same, specifying the work to be recommended, and shall fix a day when it shall take final action upon said resolution. Upon the passage thereof the Secretary of the Board shall forth¬ with, without any further authority, cause a copy of said resolu¬ tion to be posted conspicuously for five days in the office *of said Secretary, and to be published for a period of ten days (legal holidays excepted) and cause a copy to be deposited in the Post Office at the City and County, with postage prepaid, addressed to each person represented on the Assessment Book of the City and County for the next preceding fiscal year as being owner of land 68 Charter of the City and County of San Francisco liable to be assessed for said improvement; but if said lot stand on said book in the name of unknown owners, such notice need not be sent. The Board shall also cause to be conspicuously posted along the line of said contemplated improvement, at points not more than one hundred feet in distance apart, notices not less than three in all, of the passage of said resolution. Each of said notices shall be headed “Notice of Street Work' ’ in letters of not less than two inches in length, and shall in legible characters state the fact of the passage of said resolution, its date, and briefly, the work or improvement proposed, and refer to the resolution of intention for further particulars. Owners May Make Protest. Proceedings to Ee Taken. Sec. 4. The owners of a majority of the frontage of the prop¬ erty fronting on said proposed work or improvement, where the same is for one block, or more, and, in the case of a district, those owning more than one-half of the superficial area of the district, exclusive of street surface, may make written objections to the same within ten days after the expiration of the time of the pub¬ lication of said resolution of intention, which objections shall be delivered to the Secretary of the Board of Public Works, who shall indorse thereon the date of their reception by him. Such objections shall delay for six months any further proceedings in relation to the doing of said work or making said improvement, under the said resolution of intention, unless the owners of the one-half or more of the frontage or of the district, as aforesaid, shall meanwhile petition for the same to be done, and thereupon the proceedings shall be continued under the said resolution of intention, if said Board shall deem proper. If, however, the owners of at least two-thirds of the property fronting on said proposed work or improvement, and, in case of a district, those owning at least two-thirds of the superficial area of the district, exclusive of street surface, shall make written ob¬ jections to the said proposed work or improvement, after the ex¬ piration of the time hereinbefore fixed for making the objections in the first instance to the same (and which objections delayed for six months any further proceedings in relation to the doing of said work or making said improvement under said resolution of in¬ tention) and before the expiration of the said six months, no fur¬ ther proceedings shall be taken under the said resolution of in¬ tention. But if no such objections have been made, then the Board of Public Works, after the expiration of said six months, shall, if it deem proper, continue the proceedings under the resolution of intention aforesaid, notwithstanding the objections first made, as hereinbefore provided, or any further objections to the doing of said work or making, said improvement. But when the work or improvement proposed to be done is the construction of sewers, manholes, culverts, drains, cess-pools, Article YI, Chap. II, Department of Public Works 69 catch basins or storm water inlets, or of sidewalks, or of curbs, or any work or improvement on a street crossing, or on a street intersection, and written objections thereto have been delivered to the Secretary of the Board of Public Works within the time hereinbefore provided, by the owners of a majority of the front¬ age or of the district aforesaid, and in case of work or improve¬ ment on a street crossing or a street intersection, by the owners of a majority of the street frontage liable to be assessed therefor, the Board shall, at its next meeting, fix a time for hearing said objections, not less than one week thereafter. The Secretary of the Board shall thereupon notify the persons making such ob¬ jections by depositing a notice thereof in the Postoffice at the City and County, postage prepaid, and addressed to each objector or his agent when he appears for such objector. At the time specified the Board shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive; and if said objections are overruled the proceedings shall be continued as though no objections had been made. And when not more than two blocks on a street, including street crossings, remain ungraded to the official grade, or otherwise un¬ improved, in whole or in part, and a block or more on each side upon such street has been so graded or otherwise improved, or when not more than two blocks at the end of a street remain so ungraded or otherwise unimproved, proceedings for the doing of any work or improvement, upon said intervening ungraded or unimproved part of said street, or at the end of a street, shall not be stayed or prevented by any written or other objections, unless the Board shall deem proper. And if one-half or more in width or in length, or as to grading, one-half or more of the grading work, of any street lying and be¬ ing between two successive main street crossings, or if a crossing has been already partially graded or improved, as aforesaid, the Board may proceed as in this Chapter provided, to have the re¬ mainder improved, graded, or otherwise, notwithstanding any ob¬ jections of property owners. In all cases of work or improvement in this section hereinbefore provided, where the Board of Public Works is vested with power to continue proceedings in relation to any proposed work or im¬ provement, notwithstanding any objections of property owners to the doing of the same, the Board may determine that such work or improvement is expedient, or that the public interest or con¬ venience requires the doing of the same, and it may institute pro¬ ceedings therefor and the provisions of Section 2 of this Chapter, requiring a written application to the Board in the first instance, to be made therefor, shall not be applicable thereto. At any time before the making of the assessment as hereinafter provided, all owners of lots of land liable to assessment therein, 70 I Charter of the City and County of San Francisco who, after the first publication of the aforesaid resolution of in¬ tention, mav feel aggrieved, or who may have objections to any proceedings in relation to the performance of the work described in said resolution, may file with the Secretary a petition of remon¬ strance, wherein they shall state in what respect they feel ag¬ grieved, or the proceedings to which they object. Such petition or remonstrance shall be passed upon by the Board, and its de¬ cision thereon shall be final and conclusive .—As amended Decem¬ ber 4, 1902, approved by the Legislature February 5, 1903 {Statutes, 1903, page 588). Improvement Chargeable Upon a District. Hearing of Objections. Sec. 5. When the contemplated work or improvement in the opinion of the Board of Public Works is of more than local or ordinary public benefit, it may recommend to the Supervisors that the expense of such work or improvement be made chargeable upon a district, and said Board shall in its resolution of intention set out the district benefited by said work or improvement and to be assessed to pay the expense thereof. Objections to the ex¬ tent and boundaries of the district of lands to be benefited by said work or improvement may be made by any interested party, in writing, within ten days after the expiration of the time of pub¬ lication of the resolution of intention. The Secretary of the Board shall lay said objections before it and the Board shall, at its next meeting, fix a time for hearing said objections not less than one week thereafter. The Secretary shall thereupon notify the persons making such objections by depositing a notice thereof in the Postoffice at the City and Coun¬ ty, postage prepaid, addressed to each objector. At the time specified the Board shall hear the objections urged and pass upon the same, and if said objections are overruled, its decision shall be final and conclusive as to the extent and boundaries of the district. If the objections are sustained, the Board shall proceed to set out another district to the extent and boundaries of which objec¬ tions may be made and a hearing had thereon as above provided; and so on in like manner until a district has been set out to the extent and boundaries of which all objections shall be overruled by the Board—its decision in that behalf to be final and conclu¬ sive ; and thereupon the proceedings shall continue the same as if no objections had been made. In its report to the Supervisors the Board shall accompany its report with a diagram on which shall be delineated each separate lot, piece or parcel of land, the area in square feet of each of such lots, pieces or parcels of land, and the relative location of the same to the work or improvement proposed to be done within the limits of the district. Such dia¬ gram shall be certified to be correct by the Secretary of the Board. Completion of Work. Sec. 6. When the work under any contract shall have been completed, the contractor shall make and file in the office of the Article VI, Chap. II, Department of Public Works 71 Board of Public Works an affidavit to the effect that he has not entered into any private agreement, verbal or written, with any person liable to be assessed for said work, or with any one on his behalf, to accept a price from him less than the price named in said contract, or to make an}' rebate or deduction to him from such price. Any such agreement shall be deemed a fraud upon all persons liable to be assessed for such work other than the prop¬ erty owners who were parties to the agreement, and shall make void, as to such persons so defrauded, any assessment made for the work done under such contract; and where there is more than one contractor each contractor shall make such affidavit. Completion of Contract. Assessment to Pay for Same. Sec. 7. When any work in or upon any public street shall have been completed according to contract, and the affidavit men¬ tioned in the next preceding section shall have been made, the Board shall make an assessment to cover the sum due for the work performed and specified in said contract (including all in¬ cidental expenses), in conformity with the provisions of this Article, according to the nature and character of the work. The assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with any incidental expenses, the rate per front foot assessed, the amount of each assessment, the name of the owner of each lot (if known to the Board, and if not known, the word “unknown” shall be written opposite the number of the lot and the amount assessed thereon) ; the number of each lot assessed, and shall have attached thereto a diagram exhibiting the street or street crossing on which the work has been done, and showing the relative location of each distinct lot to the work done, num¬ bered to correspond with the numbers in the assessment, and showing the number of front feet assessed for said work. A mis¬ take in the name of the owner shall not invalidate any assessment. When the expense of such work falls in part upon any person, company or corporation having railroad tracks upon the street where such work has been done, said assessment shall include an assessment against said person, company or corporation, for its legal proportion of said expense, and the same shall constitute a lien upon the road-bed, rolling stock, franchises and other prop¬ erty of such person, company or corporation, for a period of two years from the date of recording the warrant, assessment and dia¬ gram hereinafter provided for. Division of Expense. Sewers, Grading, Paving, Assessed to Adjacent Blocks or District. Railroads Must Bear Proportion. Sec. 8. The expense of all work or improvement done upon any part of said streets, lanes, alleys, places or courts, under the order of the Supervisors, shall be borne and paid for as follows: First —The City and County shall pay out of the General Fund the expense: 72 Charter of the City and County of San Francisco a. Of all work done on streets, crossings and intersections of streets that have been or may be accepted by the City and County, after the acceptance of the same, and all repairs and improve¬ ments deemed of urgent necessity that may be made upon the public streets and highways. b. Of all work done in front of, or that may be assessed to, property owned by the City and County or by any department thereof. c. Of all work done in front of, or that may be assessed to, property owned by the United States. Second —The expense of all sewers, cesspools, manholes, cul¬ verts and drains, and of all grading, planking, macadamizing, paving, piling and capping any street, or portion thereof, and of all curbs thereon, and of all work done on sidewalks, shall be assessed upon the lands within the block or blocks adjacent there¬ to as herein provided, except where by an assessment district it may be provided otherwise. Third —The expense of all work on such portion of any street required by law to be kept in order by any person, company, or corporation, having railroad tracks thereon, shall be borne and paid for by such person, company or corporation, and shall be included in the assessment heeinbefore provided for. No assessment shall be levied upon any property, which, to¬ gether with all assessments for street improvements that may have been levied upon the same property during the year next pre¬ ceding, will amount to a sum greater than fifty per centum of the value at which said property was assessed upon the last preceding Assessment Book of the City and County. How Assessments for Street Work Shall Be Levied. Sec. 9 Subdivision One — Except where the expense incurred for the street work and improvement authorized herein is to be assessed upon a district as hereinafter provided, such expense, other than that to be paid by a person, company or corporation having tracks on the street where such work and improvement has been done, shall be assessed upon the lots and lands fronting thereon, except as hereinafter specifically provided; each lot or portion of a lot being separately assessed in proportion to the frontage at a rate per front foot sufficient to cover the total ex¬ pense of the work. Assessment According to Nature of Work. Subdivision Two —The expense of all improvement except such as is done by contractors under the provisions of Section 16 of this Chapter, until the streets, avenues, street crossings, lanes / alleys, places, or courts are finally accepted, as provided in Sec¬ tion 23 of this Chapter, shall be assessed upon the lots and lands as provided in this section according to the nature and character of the work. Article VI, Chap. II, Department of Public Works 73 Work on Main Street Crossings. Subdivision Three —The expense of the work done on main street crossings shall be assessed at a uniform rate per front foot on the quarter blocks and irregular blocks adjoining and corner¬ ing upon the crossings, and separately upon the whole of each lot or portion of a lot having any frontage in the said blocks front¬ ing on said main streets, half way to the next main street cross¬ ing, and all the way on said blocks to a boundary line of the city where no such crossing intervenes, but only according to its front¬ age in said quarter blocks and irregular blocks. Main Street Terminating in Another Main Street. Subdivision Four —Where a main street terminates in another main street, the expense of the work done on one-half of the width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of such lots on said main street, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street at such termination. Alley Crossing Main Street. Subdivision Five —Where any alley or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots half way on said alley or subdivision street to the next crossing or intersection, or to the end of such alley or subdivision street if it does not meet another. Alley Crossings. Subdivision Six —The expense of work done on alley or sub¬ division street crossings shall be assessed upon the lots fronting upon such alley or subdivision streets on each side thereof, in all directions, half way to the next street, place or court, on either side, respectively, or to the end of such alley or subdivision street, if it does not meet another. Alley Terminating in Another Street. Subdivision Seven —Where a subdivision street, avenue, lane, alley, or place or court, terminates in another street, avenue, lane, alley, place, or court, the expense of the work done on one-half the width of the subdivision street, avenue, alley, place, or court opposite the termination, shall be assessed upon the lot or lots fronting on such subdivision street or avenue, lane, alley, place, or court so terminating, according to its frontage thereon, half¬ way on each side, respective]y, to the next street, avenue, lane, alley, court, or place, or the end of such street, avenue, lane, alley, place, or court, if it does not meet another, and the other one- half of the width upon the lots fronting such termination. Work to Complete Unimproved Portion of Street. Subdivision Eight —Where any work mentioned in this Chapter, manholes, cesspools, culverts, crosswalks, piling and capping ex¬ cepted, is done on either or both sides of the center line of any 74 Charter of the City and County of San Francisco street for one block or less, and further work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total expense of said work so ordered shall be made upon the lots or portions of the lots only fronting the portions of the ‘work so ordered. When sewering or resewering is ordered to be done un¬ der the sidewalk or only on one side of street for any length there¬ of, the assessment for its expense shall be made only upon the lots and lands fronting nearest upon that side, and for interven¬ ing intersections only upon the two quarter blocks adjoining and cornering upon that side. Owners May Do the Grading in Front of Their Lots. Subdivision Nine —Any owner or owners of lots or lands front¬ ing upon any street, the width and grade of which have been established by the Supervisors, maj r perform at his or their own expense (after obtaining permission from the Board of Public Works so to do, but before said Board has passed its resolution of intention to recommend grading inclusive of this) any grading upon said street, to its full width, or to the center line thereof, and to its grade as then established, and thereupon may procure, at his or their own expense, a certificate from the City Engineer setting forth the number of cubic yards of cutting and filling made by him or them in said grading, and the proportions per¬ formed by each owner, and that the same is done to the estab¬ lished width and grade of said street, or to the center line thereof, and thereafter may file said certificate in the office of the Board. Said certificate shall be recorded in a properly indexed book kept for that purpose in the office of the Board. Whenever there¬ after the Supervisors order the grading of said street, nr any por¬ tion thereof, on which any grading certified as aforesaid has been done, the bids and contract must express the price by the cubic yard for cutting and filling in grading, and such owner or owners, and his or their successors in interest, shall be entitled to credit on the assessment upon his or their lots and lands fronting on said street for grading thereof, to the amount of the cubic yards of cutting and filling set forth in his or their said certificate, at the prices named in the contract for said cutting and filling; or, if the grade meanwhile has been legally changed, only for so much of said certified work as would be required for grading to the grade as changed. Such owner or owners shall not be entitled to any credit that may be in excess of the assessments for grading upon the lots and lands owned by him or them, and proportion¬ ately assessed for the whole of said grading. The Board shall in¬ clude in the assessment for the whole of said grading upon the same grade the number of cubic yards of cutting and filling set forth in any and all certificates so recorded in his office, or for the whole of said grading to the changed grade so much of said Article VI, Chap. II, Department of Public Works 75 certified work as would be required for grading thereto, and shall enter corresponding credits, deducting the same as payments upon the amounts assessed against the lots and lands owned re¬ spectively by said certified owners and their successors in interest; but he shall not include any grading quantities or credit any sums in excess of the proportionate assessments for the whole of the grading which are made upon any lots and 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 order 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 1 grade, and in condition satisfactory to the Board of Public Works at the time said order is passed. Resolution of Intention. Subdivision Ten —The Board of Public Works may include in the resolution of intention any of the different kinds of work mentioned in this Chapter, 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 con¬ tained in subdivision nine of this section. Estimate and Assessment Upon Completion of Contract. Subdivision Eleven —When the resolution of intention declares that the expense of the work and improvement is to be assessed upon a district, immediately after the contractor has fulfilled 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, and shall thereupon assess upon and against said lands in said assessment district the total amount of the expense 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 bene¬ fited therebjq to wit: Upon each respectively in proportion to the estimated benefits to be received by each of said several lots, por¬ tions of lots, or subdivisions of land. In other respects the assess¬ ment shall be as provided in this Chapter. 76 Charter of the City and County of San Francisco Board May Establish Method of Assessment. Sec. 10. If at anv time there shall be any street work or im¬ provement done, and none of the methods hereinbefore provided are legally sufficient to authorize the Board of Public Works to make an assessment to pay for the expense thereof, then said Board shall, before it passes a resolution of its intention to recom¬ mend the ordering of said work or improvement, establish by reso¬ lution a method by means of which such assessment shall be made; and on the completion of the work or improvement to the satisfac¬ tion of said Board, or to the satisfaction of the Supervisors on ap¬ peal, said Board shall make an assessment to pay the expense thereof according to the method established by said resolution. Assessments Authenticated. Sec. 11. 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. Warrant Attached to Assessment. Form of Warrant for Street Work. Sec 12. To said assessment shall be attached a warrant which shall be signed by the President of the Board of Public Works and countersigned by the Secretary thereof. Said warrant shall be substantially in the following form: By virtue hereof the Board of Public Works of the City and County of San Francisco, by the authority vested in it, does au¬ thorize and empower (name of contractor) his (or their) agents, or assigns, to demand and receive the several assessments upon the assessment and diagram hereto attached, and this shall be his (or their) warrant for the same. (Date)-. (Name of President of Board of Public W( rks). Countersigned by (Name of Secretarv of Board of Public Wcrks). Said warrant, assessment and diagram shall be recorded in the office of the Board. When so recorded the several amounts as¬ sessed shall be a lien upon the lands, lots, or portions of lots as¬ sessed, respectively for the period of two years from the date of said recording, unless sooner discharged; and from and after the date of said recording of any warrant, assessment and diagram, all persons interested in said assessment shall be deemed to have notice of 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 of the incidental expenses not previously paid by the contractor or his assigns. By virtue of said warrant said contractor, or his agents or assigns, shall be authorized to demand and receive the amount of the several assessments made to cover the sum due for the work specified in such contracts and assessments. When it shall appear by the final judgment of any court in this 77 Article^VI, Chap. II, Department of Public Works State having jurisdiction to render such judgment, that any suit brought to foreclose the lien of any assessment for street work made under this Chapter, or in the recording thereof, has been defeated by reason of any defect, error, informality, omission, irregularity, or illegality, thereof or therein, or in the re¬ turn on the warrant issued pursuant to any such assessment, or in the recording of any such warrant, any person interested therein may, at any time within seven months after the entry of said final judgment, apply to the Board for another assessment to be issued in conformity to law ; and the Board shall, within sixty days after the time of said application, make and deliver to said applicant a new assessment, diagram and warrant in accordance with law, and sign, record arid authenticate the same as above provided. Such assessment shall be a lien upon the lots of land set out therein for the period of two years from the date of its recording, and suit may be brought to enforce said lien as pro¬ vided in this Chapter. Should such final judgment be that of the Superior Court for the City and County and an appeal therefrom to the Supreme Court of the State has been taken, no such other assessment shall be made until said appeal has been determined. How Assessments Are Paid. Sec. 13. The contractor or his assigns, or some person on his or their behalf, shall call upon the persons assessed, or their agents, if they can conveniently be found, and demand payment of the amount assessed to each. If any payment be made, the contractor, his assigns, or some person on his or their behalf, shall receipt the same upon the assessment in the presence of the per¬ son making such payment, and shall also give a receipt if demand¬ ed. When the persons so assessed, or their agents, cannot con¬ veniently be found, or when the owner of the lot is stated as “unknown” upon the assessment, then said contractor or his assigns, or some person on his or their behalf, shall publicly de¬ mand payment on the premises assessed. The warrant shall be returned to the Board of Public Works within thirty days after its date with a return indorsed thereon, signed by the contractor or his assigns, or some person on his or their behalf, verified upon oath, stating the nature and character of the demand, and whether any of the assessments remain un¬ paid in whole or in part, and the amount thereof. Thereupon the Secretary of the Board shall record the return so made in the margin of the record of the warrant and assessment. The Board can at any time receive the amount due upon any assessment and warrant issued by it and give a good and suffi¬ cient discharge therefor; but no such payment so made after suit has been commenced shall operate, without the consent of the plaintiff in the action, as a complete discharge of the lien until the costs in the action shall be refunded to the plaintiff. 78 Charter of the Citt and County of San Francisco The Board may release any assessment upon the books of its office on the payment to it of the amount of the assessment, with interest, against any lot, or on the production to it of the receipt of the party or his assigns to whom the assessment and warrant were issued. If any contractor shall fail to return his warrant within the time and in the form provided in this section he shall thenceforth have no lien upon the property assessed; but if any warrant is lost, upon proof of such loss, a duplicate may be issued, upon which a return may be made with the same effect as if the original had been so returned. After the return of the assess¬ ment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of seven per centum per annum until paid. Appeal to Supervisors From Decision of Board, and Proceedings Thereon. Sec. 14. The owners, whether named in the assessment or not, the contractor or his assigns, and all other persons directly inter¬ ested in any w'ork provided for in this Chapter, or in the assess¬ ment, feeling aggrieved by any act or determination of the Board of Public Works in relation thereto, or who claim that the work has not been performed according to the contract in a good and substantial manner, or having or making any objection to the correctness or legality of the assessment or other act, determina¬ tion, or proceedings of the Board, shall, within thirty days after the date of the warrant, appeal to the Supervisors, by briefly stating their objections in writing and filing the same with the Clerk of the Supervisors. Notice of the time and place of the hearing, briefly referring to the work contracted to be done, or other sub¬ ject of appeal, and to the acts, determinations or proceedings objected to or complained of, shall be published for five days. Upon such appeal the Supervisors may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the Board relative to said work, may confirm, amend, set aside, alter, modify or correct the assessment in such manner as to them shall seem just; and require the work to be completed according to the directions of the Su¬ pervisors, and may at their option direct the Board of Public Works to correct the warrant, assessment or diagram in any par¬ ticular, or to make and issue a new warrant, assessment and dia¬ gram to conform to the decisions of the Supervisors in relation thereto. All the decisions and determinations of the Supervisors, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal' under the provisions of this section, as to all errors, informalities and irregularities, which the Super¬ visors might have remedied and avoided; and no assessment shall be held invalid, except upon appeal to the Supervisors, as pro¬ vided in this section, for any error, informality or other defect in the proceedings prior to the assessment, or in the assessment Article VI, Chap. II, Department of Public Works 79 itself, where the Board of Public Works has acquired jurisdic¬ tion to make the same. Assessments Collected by Suit. Sec. 15. At any time after the period of thirty-five days from the day of the date of the warrant, or if an appeal has been taken to the Supervisors, then, at any time after five days from the decision of the Supervisors on such appeal, or after the return on the warrant, after the same may have been corrected, altered or modified, as herein provided, but not less than within thirty- five days from the date of the warrant, the contractor or his as¬ signee may sue in his own name the owner or the mortgagee of the land, lots, or portions of lots assessed on the day of the date of the recording of the warrant, assessment and diagram, or any day thereafter during the continuance of the lien of said, assess¬ ment, and recover the amount of any assessment remaining un¬ paid, with interest thereon at the rate of seven per centum per annum until paid. In all cases of recovery under the provisions of this Chapter the plaintiff shall recover the sum of fifteen dollars in addition to the taxable costs, as attorney’s fees, but not any percentage upon said recovery. When suit has been brought, after a personal demand has been made and a refusal to pay such assessment so demanded, the plaintiff shall also be entitled to have and recover said sum of fifteen dollars as attorney’s fees in addition to all taxable costs, notwithstanding that the suit may be settled or a tender be made before a recovery in said action, and he may have judgment therefor. Said warrant, assessment and diagram, with the affidavit of de¬ mand and non-payment, shall be held prima facie evidence of the regularity and correctness of the assessment and of the prior proceedings and acts of the Board of Public Works and of the Supervisors upon which said warrant, assessment and diagram are based, and like evidence of the right of the plaintiff to re¬ cover in the action. The Court in which said'suit shall be com¬ menced shall have power to adjudge and decree a lien against the lots of land assessed, and to order such premises to be sold on execution as in other cases of the sale of real estate by the process of said Courts. In all actions brought to enforce the lien of assess¬ ments made pursuant to the provisions of this Chapter the pro¬ ceedings therein shall be governed and regulated by the provis¬ ions of this Chapter, and when not in conflict herewith, by the Codes of this State. Repairs to Streets Not Yet Accepted Must Be Done by Owners; If Not Done, Board May Do So. Bids for Repairs. Owners Liable for Amount. Certificate of the Board Upon Completion. Sec. 16. When any portion of the roadway of any improved street, avenue, lane, alley, court or place, or any portion of any sidewalk, in the City and County, none of which has been accept- 80 Charter of the City and County of San Francisco ed by the Supervisors as in this Chapter provided, shall be so out of repair as to endanger persons or property passing thereon, or so as to interfere with the public convenience in the use thereof, the Board of Public Works shall require the owners or occupants of lots or portions of lots fronting on said portion of said street, avenue, alley, lane, court or place, or fronting on such portion of said sidewalk so out of repair as aforesaid, by a notice in writing, to be delivered to them or their agents, to repair forth¬ with said portion of said street, avenue, lane, alley, court or place, to the center line thereof, or said portion of said sidewalk, in front of the property of which he is the owner, or tenant, or occupant. The Board shall particu¬ larly specify in said notice what work is required -to be done and what material shall be used in said repairs. If said repairs be not begun within five days after notice given as aforesaid, and diligently and without interruption prosecuted to comple¬ tion, the Board may make such repairs, or enter into a contract with any suitable person, at the expense of the owner, tenant, or occupant, after the specifications for the doing of said work shall have been conspicuously posted by it in its office for three days, inviting bids for the doing of said work. Said bids shall be delivered to it at its office on or before the second day after the completion of said posting, and opened by it on the next day following; whereupon the contract shall be awarded to the low¬ est responsible bidder. All of said bids shall be preserved in the office of the Board, and shall be open at all times after the letting of the contract to the inspection of all persons; and such owner, tenant, or oc¬ cupant, shall be liable to pay said contract price. Such work shall be commenced within twenty-four hours after the contract shall have been signed, and completed without delay to the satis¬ faction of the Board. Upon the completion of such repairs by the contractor as aforesaid to the satisfaction of the Board, it shall make and deliver to the contractor a certificate to the effect that such repairs have been properly made by said con¬ tractor to the grade, and that the charges for the same are rea¬ sonable and just, and that the Board of Public Works has accepted the same .—As amended December 4, 1902, approved bp the Legislature February 5, 1903 (Statutes 1903, page 589). Contractor May Sue for Amount Due on Repairs. Sec. 17. If the expense of the work and material for the repairs provided for in the last preceding section be not paid on demand to the contractor so employed, or his agent or assignee, said contractor, or his assignee, shall have the right to sue such owner, tenant, or occupant for the amount contracted to be paid; and the certificate provided for in said section shall be prima facie evidence of the amount claimed for said work and mate¬ rials, and of the right of the contractor to recover for the same Article VI, Chap. II, Department of Public Works 81 in such action. Said certificate shall be recorded by the Board of Public Works in a book kept by it in the office for that pur¬ pose, properly indexed, and the sum contracted to be paid shall be a lien as*in case of other assessments provided for in this Chapter. Supervisors May Prescribe Further Penalties. Sec. 18. In addition to the remedies above given the Super¬ visors may prescribe the penalties that shall be incurred by any owner or person neglecting or refusing to make repairs when required, as hereinbefore provided. Such penalties shall be en¬ forced for the use of the City and County by prosecution in the name of the People of the State of California in the Court having jurisdiction thereof, and may be applied in the case of fines, to the payment of expense of any such repairs not otherwise pro¬ vided for. “Owner” of Property Defined. Sec. 19. The person owning the fee, or the mortgagee of such fee, or the person who, on the day the action is commenced, appears by deed duly recorded in the County Recorder’s office of the City and County, to have the legal title to the land, or the person in possession of lands, lots, portion of lots or buildings under claim, or exercising acts of ownership over the same for himself, or as executor, administrator or guardian of the owner, shall be regarded, treated and deemed to be the “owner” for all the purposes of this Chapter. And in case of property leased, the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner. Lessee May Deduct Payment From Rent. Sec. 20. Any tenant or lessee of any lot of land on which has been imposed an assessment under the provisions of this Chapter may pay said assessment, or he may discharge any liability im¬ posed thereon by virtue of the provisions of this Chapter, or he may redeem the property within the time prescribed by law, if legally sold on execution, and may deduct the amount so paid from the rents due and to become due from him; and he shall have a lien upon, and may retain possession of, said lots until the amount so paid and advanced, with legal interest thereon, be satisfied from accruing rents or by payment by the owner. Records of Board Open to Inspection. Sec. 21. The records kept by the Board of Public Works shall have the same force and effect as other public records, and duly certified copies therefrom may be used in evidence with the same effect as the originals. Said records shall, during all office hours, be open, free of charge, to the inspection of any citizen wishing to examine them. Service of Notices. Sec. 22. Notices in writing required to be given by the Board may be served by any person over the age of twenty-one years, 82 Charter of the City and County of San Francisco and the fact of such service may be verified by the oath of the person making it. Such oath may be taken before the Secretary of said Board or before any member thereof. Accepted .Streets. City to Keep in Repair. Sec. 23. When any street or portion of a street has been or shall hereafter be fully constructed to the satisfaction of the Board of Public Works and of the Supervisors, and is in good condition throughout, and a sewer, gas pipes, and water pipes are properly laid therein, the same shall be accepted by the Supervisors by ordinance; and thereafter such street or portion of a street shall be kept in repair and improved by the City and County. The Supervisors shall not accept any portion of a street less than the entire width of the roadway, including the curbing, and one block in length, or one entire crossing; but they may partly or conditionally accept any street, without a sewer, or gas pipes or water pipes therein, if the ordinance of acceptance ex¬ pressly states that they deem such sewer, or gas pipes, or water pipes to be then unnecessary. In such case the lots of land pre¬ viously or at any time assessable for the cost of constructing a sewer shall remain and be assessable for such cost and for the cost of repairs and restoration of the street damaged in said construction, whenever the Supervisors shall deem a sewer to be necessary and shall order it to be constructed. The Board of Public Works shall keep in its office a register of all streets ac¬ cepted by the Supervisors under this section, which register shall be indexed for easy reference thereto. Procedure for Paving Railroad Tracks. Sec. 24. The Board of Public Works may at any time, without any application therefor, recommend to the Supervisors to order the paving or macadamizing of the portion of any street required by law to be paved or macadamized by the person, company or corporation having railroad tracks thereon. Upon such recom¬ mendation the Supervisors shall by ordinance order said w r ork to be done and direct said Board to notify said person, company, or corporation of the fact of the passage of such ordinance. The Secretary of said Board shall thereupon forthwith in writ¬ ing notify said person, company or corporation of the passage of said ordinance; and if said person, company or corporation shall not within ten days after receiving said notice commence in good faith -to do said work and prosecute the same diligently to completion, the Board shall invite sealed proposals for doing said work in the manner provided in this Article; and all the provisions of this Article in regard to such proposals, to the awarding of contracts, to the execution of contracts, and to the doing of public work, shall apply to all similar proceedings taken under this section. On the completion of the work to the satis¬ faction of the Board the contractor shall be entitled to recover from such person, company or corporation the contract price for Article VI, Chap. II, Department of Public Works 83 the expense of said work, together with incidental expenses, in an action instituted in a Court of competent jurisdiction. On the trial of such action, the certificate of the Board of the com¬ pletion of said work to its satisfaction shall be prima facie evi¬ dence of the regularity of all the proceedings prior thereto and of plaintiff’s right to recover in said action. Full Width of Street. Sec. 25. Except as otherwise in this Chapter specifically pro¬ vided, no ordinance for the improvement of any street other than for sewers, sidewalks and curbs, except for the improvement of the streets constituting or lying along the water front of the City and County, and except for such work as is provided for in the next preceding section, shall be passed by the Supervisors without extending said improvement throughout the whole width of such street. Definition of Terms. Use of Patented Pavements. Sec. 26. Wherever in this Article the word “street” occurs, it shall be held to include all streets, lanes, alleys, places and courts which have been, or may be hereafter dedicated and open to public use, and whose grade and width have been legally es¬ tablished ; and the grade of all intermediate or intersecting streets in any one block shall be deemed to conform to the grades as es¬ tablished at the crossings of the main streets. The word “improvement” shall be held to include grading, paving, planking, macadamizing, piling and capping; and the construction and repairs of sewers, cess-pools, manholes, culverts, drains, sidewalks and curbs. The term “main street” shall mean such street or streets as bound a block, and the term “street” shall include crossing. The word “block” shall mean the blocks known or designated as such upon the maps and books of the Assessor. The term “quarter block,” as used in this Chapter as to irregu¬ lar blocks, shall be deemed to include all lots or portions of lots, having any frontage ou either intersecting street half way from such intersection to the next main street, or, when no main street intervenes, all the way to a boundary line of the City and County. The word “paved” shall include any pavement of stone, iron, wood, or other material which the Supervisors may by ordinance order to be used; but no patented pavement shall be ordered during the existence of the patent therefor, until the owner of such patent shall have transferred to the City and County all right to the use of the same therein., with the privilege to any person to manufacture and lay the same upon its streets under any contract that may be awarded to him, or entered into by him with the City and County. The term “expense” shall include the price at which the con¬ tract was awarded, and the term “incidental expenses” shall in- 84 Charter of the City and County of San Francisco elude all expenses incurred in printing and advertising the work contracted for, and all expenses for surveying, measuring and in¬ specting the work. All notices and resolutions required in this Article to be pub¬ lished shall be published daily, legal holidays excepted, in the official newspaper. , All notices herein required to be served, whether by delivery, mailing or posting, may be so served by any male citizen of the age of twenty-one years, and his affidavit thereof shall be prima facie evidence of such service. The affidavit by the publisher of the official newspaper, or his clerk, of the publication of any notice required in this Article to be published, shall be puma facie evidence of such publication. Procedure Relating to Closing of Streets. Sec. 27. When the owners of all the lands fronting upon any street which is less than forty feet in width, for the entire distance of said street, or for the distance of one or more entire blocks, shall petition the Board of Public Works that the said street, or that portion thereof upon which said lands front, be closed, the Board may pass a resolution recommending that the same be closed. Before passing such resolution the Board shall cause a notice of the application to be published in the official newspaper, and shall fix a time and place at which it will consider the same and hear objections thereto. Upon such hearing it shall' deter¬ mine whether it will recommend that the street be closed; and if it shall so determine, it shall transmit such recommendation to the Supervisors. Thereupon the Supervisors may pass an ordinance that the street be closed; and the same shall not thereafter be, or be deemed to be, a public street, or subject to any public expense or improvement; and the land theretofore included within the roadway and sidewalks of said street shall thereafter be the property of the City and County. No such ordinance shall be passed until the petitioners shall have paid all the expenses of said proceedings. New Streets and Subdivisions. Sec. 28. In all cases where lands in the City and County shall be hereafter sub-divided and laid out into blocks or plats, sub¬ lots, streets and alleys, or when new streets or public grounds shall be laid out, opened, donated or granted to the public by any proprietor, the map or plat thereof shall be submitted to the Board of Public Works for its approval, and if the Board approve the same, such approval shall be by it indorsed upon the said map or plat, and said map with said approval shall then be filed in the office of the Recorder; and without such approval indorsed thereon no such map or plat shall be filed in the office of the Re¬ corder, or have any validity; nor shall any street, alley, or public ground hereafter opened and dedicated as such, become or be a public street or be subject to any public improvement or expense Article VI, Chap. II, Department of Public Works 85 without such approval, indorsement and record. No street here¬ after laid out shall be approved or become a public street unless the same shall be at least forty feet in width and two hundred feet distant from any parallel street. Cleaning and Sprinkling of Streets. Districts. Sec. 29. The Board shall cause the public streets to be properly cleaned and sprinkled and for that purpose may employ such laborers and other employees as may be necessary, and may, with the consent of the Supervisors, expressed by ordinance, purchase teams, machinery, materials and other appliances as may be deemed necessary for said work; but the Board must give the preference to hand sweeping so far as it can do so with reference to the proper sweeping of the streets and the funds at its disposal. . The Board may, if the public interest will be subserved, cause the cleaning and sprinkling of the public streets to be performed, either in whole or in part, by public contract. In such case the Board shall divide the city, or such portions of the city as it shall determine to have cleaned or sprinkled by public contract, into such number of districts as in its judgment will best induce com¬ petition for bids, and secure the cleaning or sprinkling of such streets at the lowest cost. The Secretary of the Board shall, under its direction, cause to be published for a period of ten (10) days a notice inviting pro¬ posals for cleaning or sprinkling each of said districts in accord¬ ance with the specifications on file at the office of the Board. Bids shall be made for each district separately. All the provisions of this Article in relation to the making and opening of bids, award¬ ing of contracts and entering into and performance of contracts shall be applicable to said contracts .—As amended December 4^ 1902, approved by the Legislature February 5, 1903 ( Statutes, 1903, page 590). Urgent Repairs. Sec. 30. The Board shall cause to be made all urgent repairs upon the public streets that may from time to time be requisite for the public safety, and for that purpose may employ such laborers as may be necessary, and at such wages as may be from time to time fixed by the Board; but when the expense of the repairs upon any street or portion of a street shall exceed the sum of five hundred dollars, exclusive of materials to be furnished from the Corpora¬ tion Store Yard, the same shall be done under contract awarded in the manner provided in this Article. Contracts for Materials. Sec. 31. The Board shall, from time to time, after it shall have been directed so to do by the Supervisors by ordinance, invite pro¬ posals for supplying to the City and County such materials as may be required for the repair of the public streets or for any improvement thereof, and such proceedings shall be had in award- 86 Charter of the City and County of San Francisco ing the contracts therefor as are in this Article provided for awarding other contracts. Corporation Store Yard. Storekeeper. Duties. Sec. 32. The Supervisors shall select some place in the City and County which shall be known as the Corporation Store Yard, wherein shall be kept all supplies, material, implements and machines belonging to the City and County, to be used in repair¬ ing or cleaning and sprinkling the streets or for any improve¬ ment thereon. The Board of Public Works shall appoint a Store¬ keeper for said Yard who shall hold his office during its pleasure. He shall have the custody of said Yard and of all the supplies, material and implements therein, and shall keep books of account in which shall be kept a systematic account of all purchases, and of the receipt of supplies and material under any contracts award¬ ed under the provisions of the preceding section, and of the de¬ livery thereof, which books shall at all times show the amount of said material and supplies on hand and in store, and when, to whom, and for what purpose each article was delivered. He shall be responsible for all material and supplies in said Yard, and shall not deliver any article except upon the written order or requisition of the President and Secretary of the Board of Public Works, and he shall take the written receipt, indorsed upon said order, of each person to whom any delivery is made, specify¬ ing the date of such delivery and the amount and kind of material and supplies delivered. For any deficiency in his accounts or for the delivery of any article without such order or requisition and receipt, he shall be liable upon his official bond. All cobble stones, or stone blocks or other material with which any street or por¬ tion of a street may have been paved or planked shall, if at any time removed from said street, be taken to said Yard, and there kept, accounted for and disposed of by the Storekeeper in the same manner as other supplies. CHAPTER III. OPENING, EXTENDING, WIDENING, STRAIGHTENING OR CLOSING UP OF STREETS AND THE CONDEMNATION AND ACQUISITION OF LAND AND PROPERTY NECESSARY THEREFOR AND THE PERFORMANCE OF STREET WORK IN CONNECTION THEREWITH. Power of Supervisors to Open, Etc., Streets. Section 1. Whenever the public interest or convenience may require, the Supervisors shall have full power and authority to order the opening, extending, widening, straightening or closing up, in whole or in part, of any street, avenue, lane, alley, court, or place within the City and County and to condemn and acquire any and all land and property necessary and convenient for that purpose. Article VI, Chap. Ill, Department of Public Works 87 Resolution of Intention. Cost of Work; How May Be Paid. Sec. 2. Before ordering any work to be done or improvement made, which is authorized by the preceding section, the Super¬ visors shall pass a resolution declaring their intention so to do, describing the work or improvement, and the land deemed neces¬ sary to be taken therefor, and specifying the exterior boundaries of the district of lands to be affected or benefited by said work or improvement, and to be assessed to pay the damages, costs and expenses thereof. The Supervisors may, in and by said resolution, declare and determine that the whole cost and expense of such work or im¬ provement, or any proportion (hereof, shall be paid out of the rev¬ enues of the City and County. Posting of Notices. Sec. 3. The Clerk of the Supervisors shall transmit to the Board of Public Works a certified copy of such resolution, and upon receipt thereof said Board of Public Works shall cause to be conspicuously posted along the line of said contemplated work or improvement, at not more than three hundred feet in distance apart, but not less than three in all, notices of the passage of said resolution. Said notice shall be headed “Notice of Public Work” in letters not less than one inch in. length, shall be in legible characters, state the fact of the passage of the resolution, its date, and briefly the work of improvement proposed, and refer to the resolution for further particulars. Said Board shall also cause a notice, similar in substance, to be published for a period of ten days in the official newspaper. Objections and Hearing Thereof. Sec. 4. Any person interested objecting to said work or im¬ provement, or to the extent of the district or lands to be affected or benefited by said work or improvement, and to be assessed to pay the cost and expenses thereof, may make written objections to the same within ten days after the expiration of the time of the publication of said notice, which objection shall be delivered to the Clerk of the Supervisors, who shall endorse thereon the date of its reception by him, and at the next meeting of the Super¬ visors after the expiration of said ten days lay said objection before the Supervisors, who shall fix a time for hearing said objections, not less than one week thereafter. The Clerk of the Supervisors shall notify the persons making such objections by depositing a notice thereof in the Postoffice, postage prepaid, ad¬ dressed to such objector. Sec. 5. At the time specified, or to which the hearing may be adjourned, the Supervisors shall hear the objections urged, and pass upon the same, and their decision shall be final and conclu¬ sive. If such objections are sustained all proceedings shall be stopped, but proceedings may again be commenced at any time by giving notice of intention to do said work or make said improve- 88 Charter of the City and County of San Francisco ment. If such objection is overruled by the Supervisors, the proceeding's shall continue the same as if such objection had not been made. At the expiration of the time prescribed, during which objections to said work or improvement may be made, if no objections shall have been made, or if objections shall have been made, and the Supervisors, after hearing, shall have overruled the same, the Supervisors shall be deemed to have acquired jurisdiction to order any of the work to be done or improvement to be made which are authorized by Section 1 of this Chapter, and by resolution shall order said work to be done or improvement to be made, as the case may be. Viewing of Lands by Board of Public Works. Sec. 6. Upon the passage of said resolution the Clerk of the Supervisors shall transmit a certified copy thereof to the Board of Public Works. Upon receipt of the same said Board of Public Works shall proceed to view the lands described in the resolution of intention, and may examine witnesses on oath to be adminis¬ tered by any member of said Board in relation thereto. Having viewed the land to be taken, and the improvements affected, and considered the testimony presented, they shall proceed with all diligence to determine the value of the land and the damage to im¬ provements and property affected, and also the amount of the ex¬ penses incident to said work or improvement, and, having deter¬ mined the same, shall proceed to assess the same upon the dis¬ trict of lands declared benefited, the exterior boundaries of which were fixed by the resolution of intention provided for by Section 2 hereof. Such assessment shall be made upon the lands within said district in proportion to the benefit to be derived from said work or improvement, so far as said Board can reason¬ ably estimate the same, including in such estimate the property of any railroad company within said district, if such there be. In case, however, the Supervisors shall have declared that the whole of such expense shall be paid.out of the revenues of the City and County, then no such assessment shall be made, but the Board of Public Works shall, in such event, report to the Supervisors in de¬ tail an estimate of the value of the land to be taken, the damages to improvements and the amount of expenses incident to said work, and if the Supervisors shall approve such estimate they shall order the amount so fixed to be paid to the persons respec¬ tively entitled thereto, as in Section 15 hereof provided. Plat of Assessment District. Sec. 7. Said Board of Public Works having made their assess¬ ment of benefits and damages, shall, with all diligence, make a written report thereof to the Supervisors, and shall accompany their report with a plat of the assessment district showing the land taken or to be taken for the work or improvement, and the lands assessed, showing the relative location of each district, block, lot or portion of lot, and its dimensions, so far as can be Article VI, Chap. Ill, Department of Public Works 89 reasonably ascertained. Each block or lot, or portion of lot, taken or assessed, shall be designated and described in said plat by an appropriate number, and a reference to it by such descriptive number shall be a sufficient description of it in any suit entered to condemn, and in all respects. When the report and plat are approved by the Supervisors, a copy of said plat, appropriately designated, shall be filed by the Clerk thereof in the office of the Recorder of the City and County. What Report to Specify. -Sec. 8. Said report shall specify each lot, subdivision or piece of property taken or injured in the widening or other improve¬ ment, or assessed therefor, together with the name of the owner or claimants thereof, or of persons interested therein as lessees, incumbrancers, or otherwise, so far as the simffi are known to said Board of Public Works, and the particulars of their interest, so far as the same can be ascertained, and the amount of value or damage, or the amount assessed, as the case may be. Conflicting Titles. Sec. 9. If in any case the Board of Public Works find that conflicting claims of title exist, or if they shall be in ignorance or doubt as to the ownership of any lot of land, or of any im¬ provements thereon, or of any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any lot of land or improvements, or of the particulars of their interest, shall not affect the validity of the assessment or of the condemnation of the property to be taken. Publication of Notice to Show Cause. Sec. 10. Said report and plat shall be filed in the Clerk’s office of the Supervisors, and thereupon the Clerk of said Board shall give notice of such filing by publication for at least ten days in the official newspaper. Said notice shall also require all persons interested to show cause, if any, why such report should not be confirmed, before the Supervisors on or before a day fixed by the Clerk thereof, and stated in said notice, which day shall' not be less than thirty days from the first publication thereof. Hearing Objections to Report. Sec. 11. All objections shall be in writing, and filed with the Clerk of the Supervisors, who shall, at the next meeting after the day fixed in the notice to show cause, lay the said objections, if any, before the Supervisors, who shall fix a time for hearing the same, of which the Clerk shall notify the objectors in the same manner as objectors to the original resolution of intention. At the time set, or at such other time as the hearing may be adjourned to, the Supervisors shall hear such objections and pass upon the same; and at such time, or, if there be no objections, at the first meeting after the day set in said order to show cause, or such other time as may be fixed, shall proceed to pass upon such report, and may confirm, correct or modify the same, or may order the 90 Charter of the City and County of San Francisco Board of Public Works to make a new assessment, report and plat, which shall be filed, notice given, and hearing had, as in the case of an original report. If the Supervisors shall' have determined that a certain proportion of the cost and expense of such work and improvement shall be paid out of the revenues of the City and County, they shall deduct such proportion from the total amount of the cost and expense thereof as finally fixed and determine in and by said assessment and report, and the amount of such proportion shall be paid out of any revenues appropriated for such purpose to the persons respectively entitled thereto, at the same time and in the same manner as in Section 15 hereof provided, and the balance shall be raised by assessment as here¬ inafter provided. Assessment Roll, What to Constitute. Sec. . 12. The Clerk oi the Supervisors shall forward to the Board of Public Works a certified copy of the report, assessment and plat, as finally confirmed and adopted by the Supervisors, with a statement of any deduction that may be made on account of payments made out of the revenues of the City and County, as in Section 11 provided. Such certified copy shall thereupon be the assessment roll. Immediately upon receipt thereof by the Board of Public Works the assessment therein contained shall become due and payable, and shall-be a lien upon all the property contained or described therein. Publication of Notice of Assessment. Delinquent Assessments. Sec. 13. The Board of Public Works shall thereupon give no¬ tice by publication in the official newspaper for ten days that it has received said assessment roll', and that, all sums levied and assessed in said assessment roll are due and payable immediately, and that the payment of said sums is to be made to said Board within thirty days from the date of the first publication of said no¬ tice. Said notice shall also contain a statement that all assess¬ ments not paid before the expiration of said thirty days will be declared to be delinquent, and that thereafter the sum of five per cent upon the amount of each delinquent assessment, together with the cost of advertising each delinquent assessment, will be added thereto. When payment of any assessment is made to said Board of Public Works it shall cause to be written the word “paid,” and the date of payment, opposite the respective assessments so paid, and the names of persons by or for whom said assessment is paid, and shall, if so required, give a receipt therefor. On the expiration of said thirty days all assessments then unpaid shall be and be¬ come delinquent, and said Board of Public Works shall certify such fact at the foot of said assessment roll and shall add five per cent to the amount of each assessment so delinquent. Sale of Delinquent Property. Redemption, How. Deeds. Sec. 14. The said Board of Public Works shall, within five days after the date of said delinquency, proceed to advertise and Article YI, Chap. Ill, Department of Public Works 91 collect the various sums delinquent, and the whole thereof, includ¬ ing the cost of advertising, which last shall not exceed the sum of fifty (50) cents for each lot, piece or parcel of land separately assessed, by the sale of the assessed property in the same manner as is or may be provided for the collection of State and County taxes; and after the date of said delinquency, and before the time of such sale herein provided for, no assessment shall be received unless at the same time the five per cent added thereto, as aforesaid, together with the costs of advertising then already incurred, shall be paid therewith. Said list of delinquent assess¬ ments shall be published for five days in the official 1 newspaper before the day of sale of such delinquent assessment. Said time of sale must not be less than seven days from the date of the first pub¬ lication of said delinquent assessment list, and the place must be in or in front of the office of said Board of Public Works. All property sold shall be subject to redemption in the same time and manner as in sales for delinquent State and County taxes; and the Board of Public Works may collect for each certificate fifty cents and for each deed one dollar. All provisions of the law, in reference to the same and redemption of property, for de¬ linquent State and County taxes in force at any given time, shall also then, so far as the same are not in conflict with the provisions of this Act, be applicable to the sale and redemption of property for delinquent assessments hereunder, including the issuance of certain certificates and execution of deeds. The deed of the Board of Public Works made after such sale, in case of failure to redeem, shall be prima facie evidence of the regularity of all proceedings hereunder, and of title in the grantee. It shall be conclusive evi¬ dence of the necessity of taking or damaging the lands taken or damaged, and of the correctness of the compensation awarded therefor. The Board of Public Works shall, from time to time, pay over to the City Treasurer all moneys collected by it on ac¬ count of any such assessments. The Treasurer shall, upon receipt thereof, place the same in a separate fund, designating such fund by the name of the street, avenue, square, lane, alley, court or place for the widening, opening or other improvement of which the assessment was made. Payment shall be made from said fund to the parties entitled thereto, upon warrants signed by the mem¬ bers of the Board of Public Works, or a majority of them. Payment of Damages Awarded. Sec. 15. When sufficient money is in the hands of the Treas¬ urer, in the fund devoted to the particular work or improvement, to pay for the lands and improvements taken or damaged, and when in the discretion of the Board of Public Works the time shall have come to make payments, it shall be the duty of said Board to notify the owner, possessor or occupant of any land or improve¬ ments thereon to whom damages shall have been awarded, that a warrant has been drawn for the payment of the same, and that he 92 Charter of the City and County of San Francisco can receive such warrant at the office of said Board upon tender¬ ing a conveyance of any property to be taken; such notification, except in the case of unknown owners, to be made by depositing a notice, postage paid, in the postoffice, addressed to his last known place of abode or residence. If at the expiration of thirty days after the deposit of such notice he should not have applied for such warrant, and tendered a conveyance of the land to be taken, the warrant so drawn shall be deposited with the Treasurer and shall be delivered to such owner, possessor, or occupant upon tendering a conveyance as aforesaid, unless judgment of condem¬ nation shall be had, when the same shall be canceled. Eminent Domain. Deficiency in Fund. Sec. 16. If any owner of land to be taken neglects or refuses to accept the warrant drawn in his favor as aforesaid, or objects to the report as to the necessity of taking his land, the Board of Public Works shall report such facts to the Supervisors, who shall thereupon cause proceedings to be taken for the con¬ demnation thereof, as provided by law under the right of eminent domain. The complaint may aver that it is necessary for the city to take or damage and condemn the said lands, or an easement therein, as the case may be, without setting forth the proceed¬ ings herein provided for. and the resolution and ordinance order¬ ing said work to be done shall be conclusive evidence of such necessity. Such proceedings shall be brought in the name of the City and County, and have precedence, so far as the business of the court will permit, and any judgment for damages therein rendered shall be payable out of such portion of the special fund as may remain in the treasury, so far as the same can be applied. At any time after trial and after judgment has been entered, or preceding an appeal, the court may order the Treasurer to set apart in the treasury a sufficient sum from the fund appropriated to the particular improvement to answer the judgment and all damages, and thereupon may authorize and order the City and County to enter upon the land and proceed with the proposed work and improvement. In case of a deficiency in said fund to pay the whole of such judgment and damages, the Supervisors may, in their discretion, order the balance thereof to be paid out of the general fund of the treasury or to be distributed by the Board of Public Works over the property by a supplementary assessment; but in the last-named case, in order to avoid delay, the Supervisors may advance such balance out of any appropriate fund in the treasury, and reimburse the same from the collections of the assessment. Pending the collection and payment of the amount of the judgment and damages, the court may order such stay of proceedings as may be necessary. Payment of Warrants. Sec. 17. The Treasurer shall pay such warrants out of the appropriate fund, and not otherwise, in the order of their pres- Article VI, Chap. IV, Department of Public Works _ 93 entation, provided, that warrants for land or improvements taken or damaged shall have priority over warrants for charges and expenses, and the Treasurer shall see that sufficient money is and remains in the fund to pay all warrants of the first class before paying any of the second. Supplementary Assessment. Sec. 18. If after the sale of property for delinquent assess¬ ments there should be a deficiency, and there should be unreason¬ able delay in collecting the same, or if for the purpose of equaliz¬ ing the assessments supplying a deficiency, or for any cause it ap¬ pears desirable, the Board of Public Works may so report to the Supervisors., who may order them to make a supplementary assessment and report the same in manner and form as the original, and subject to the same procedure. If by reason of such supplementary assessment, or for any cause, there should be at any time a surplus, the Supervisors may appropriate the same and declare a dividend pro rata to the parties paying the same, and they, upon demand, shall have the right to have the amount of such pro rata dividends refunded to them, or credited upon any subsequent assessment for taxes made against said parties in favor of said City and County. Defective Titles. Sec. 19. If any title attempted to be acquired by virtue of this Act shall be found to be defective from any cause the Super¬ visors may again institute proceedings to acquire the same as in this Chapter provided, or otherwise, or may authorize the Board of Public Works to purchase the same and include the cost thereof in a supplementary assessment, as provided in the last section.— The entire 20 original sections of Chapter III were re¬ pealed and the foregoing 19 sections of the same Chapter were substituted in lieu thereof by amendment November 5, 1907, ap¬ proved by the Legislature, November 23, 1907 (Statutes Special Session, 1907, pages 48-54.) CHAPTER IV. SEWERS AND DRAINAGE. General Drainage System. Section 1. The Board of Public Works shall devise a general system of drainage, which shall embrace all matters relative to the thorough, systematic and effectual drainage of the City and Coun¬ ty, and shall from time to time make to the Supervisors such recommendations upon the subject of sewerage and drainage as it may deem proper. Powers of Board. Sec. 2. The Board shall prescribe the location, form and ma¬ terial to be used in the construction, reconstruction and repairing of all public sewers, manholes, sinks, drains, cesspools, and all 94 Charter of the City and County of San Francisco other appurtenances belonging to the drainage system, and of every private drain or sewer emptying into a public sewer, and determine the place and manner of the connection. Rules and Regulations. Sec. 3. The Board shall recommend to the Supervisors rules and regulations concerning the public and private sewers and drains in the City and County, and upon recommendation of said Board, the Supervisors are authorized to pass an ordinance estab¬ lishing the same and prescribing the penalties for any violation thereof. Permits to Make Connections. Sec. 4. No person shall connect with, or open or penetrate, any public sewer or drain without first obtaining a permit in writing from said Board, and complying with the rules and regu¬ lations of the Board in reference thereto. Recommendations by Board. Sec. 5. The Board may also recommend to the Supervisors the construction of such canals, sewers, tunnels, ditches, drains, embankments, reservoirs, pumping works, machinery and other works necessary for the proper and effectual drainage of the City and County, together with plans for connecting the same with sewers and private drains already constructed or thereafter to be constructed. Purchase of Property. Sec. 6. The Supervisors may, upon the recommendation of the Board of Public Works, by ordinance passed by not less than fourteen affirmative votes, authorize the purchase of anj^ personal property or the acquisition by purchase or condemnation of any real estate which may be necessary for the construction of any sewer or the making of any improvement provided for in this Chapter. Agreement on Damages. Sec. 7. The Board may, with the like approval of the Super¬ visors, agree with the owners of any real estate, upon which it is deemed desirable to construct anjr sewer or other improvement relative to sewerage or drainage, upon the amount of damage to be paid to such owners for the purpose of such improvement and for the perpetual use of said real estate for such purpose. Power to Construct Works. Sec. 8. The Board may, when authorized by ordinance of the Supervisors passed by not less than fourteen affirmative votes, construct such sewers, reservoirs and pumping works as may be necessary to carry out the general system of seAverage for the City and County. Condemnation of Property. Proceedings. Sec. 9. When, upon the recommendation of the Board of Pub¬ lic Works, the Supervisors shall determine upon any improve- Article VI, Chaps. V and VI, Department of Public Works 95 ment for the purpose of sewerage and drainage which necessitates the acquisition or condemnation of private property, and the Board is unable to agree with the owner thereof, upon the amount of compensation or damages to be paid therefor, or when such owner is in any way incapable of making any agreement in refer¬ ence thereto, and in all cases in which the Board shall deem it most expedient, it shall, when authorized by the Supervisors ex¬ pressed by ordinance, have the right to cause said property to be condemned, and to institute proceedings for the condemnation of such property, or for the ascertainment of such damages in the manner, so far as the same may be applicable, which is provided in this Article for the condemnation of real estate when necessary for the opening of any new street. CHAPTER V. HARBORS AND WHARVES. Supervisors to Control Wharves and Harbor. Section 1. All 1 the Wharves. Water Front and Harbor of San Francisco which now belong or may hereafter belong to the City and County, or over which it may at any time lawfully exercise jurisdiction and control, shall be under the management and con¬ trol of the Supervisors. All said wharves shall be built and re¬ paired by the Board of Public Works, after proceedings had as provided in this Article for the improvement or repair of public buildings. Tolls to Be Regulated by Ordinance. Sec. 2. The Supervisors shall by ordinance fix and regulate the tolls for wharfage and dockage, and shall provide for the col¬ lection of the same, except where the wharves are under the juris¬ diction of the Board of State Harbor Commissioners, or may pro¬ vide that no charges, tolls, dockage or wharfage be imposed or collected. The Supervisors shall not have power to dispose of any wharf, but they may lease any wharf for a term not exceed¬ ing two years. CHAPTER VI. RELATING TO THE MODIFICATION OR CHANGE OF STREET GRADES AND THE PERFORMANCE OF STREET WORK IN CONNECTION THEREWITH. Street Grades, How May Be Changed. Section 1. The Board of Supervisors is hereby empowered, on the written recommendation of the Board of Public Works, to change or modify the grade of any public street, avenue, lane, alley, place or court to the grade set out in such recommendation, and to regrade, repave, sewer, sidewalk, curb or otherwise im¬ prove the same, so as to conform to such change or modified grade in the manner as hereinafter provided. Before any change 96 Charter of the City and County of San Francisco of grade is attempted, the Board of Supervisors shall pass a reso¬ lution of intention to make such change or modification of grade, and it shall in the same resolution, when regrading, repaving, side walking, sewering, curbing or other improvement on such street or streets is contemplated in connection therewith, define and establish the district benefited and to be assessed for the pay¬ ment of damages and for the expense of regrading, repaving, sewering, sidewalking, curbing, or otherwise improving such street or streets so as to conform with such change or modified grade; and it shall have power at the same time and in the same resolution to provide for the actual cost of performing the work of regrading, repaving, sewering, sidewalking, curbing or otherwise improving such street or streets or portion or portions thereof with the same or other material with which it was formerly graded, paved, sewered, sidew^alked, curbed or otherwise improved, briefly describing the work to be done and providing that the cost of the same shall also be assessed upon the same district which is declared to be benefited by such change or modified grade. When a change* or modification of grade or grades is proposed to be made upon a street, avenue, alley, lane, court or place, which has already been sewered, paved, curbed or graded, no such change or modi¬ fication of such grade or grades shall be made unless provision shall also be made for the resewering, repaving, recurbing or re¬ grading of such street, avenue, alley, lane, court or place. One or more streets or blocks of streets may be embraced in the same resolution. Such resolution shall be published in the official' newspaper. Such publication shall be made for ten days, and shall describe the proposed change or modification of grade, and when such resolution contemplates such work it. shall' describe the regrading, repaving, sewering, sidewalking, curbing or other improvement so contemplated, and shall set forth and describe the district to be benefited by such change or modification of grade or regrading, repaving, sewering, sidewalking, curbing or other improvement, and to be assessed for the damages and cost of making the same. Within ten days after the first publication of the resolution of intention the Board of Public Works shall cause to be conspicuously posted along all streets within the dis¬ trict defined in the resolution, or, when no such district is de¬ fined, along the street or streets upon which such change or modi¬ fication of grade or grades is contemplated, notice of the passage of said resolution. Said notices shall be posted not more than one hundred feet apart and shall be headed “Notice of Grade Change "* or “Notice of Grade Change and Street Work,” as the case may be, in letters not less than two inches in length, and shall, in legible characters, state the fact of the passage of the resolution, its date, the fact of the proposed grade change, and, if any, briefly the work or improvement proposed, and refer to the resolution for further particulars. When no improvements Article VI, Chap. VI, Department of Public Works 97 are provided for in connection with the said change or changes of grade or grades, if no protest of the owners of two-thirds of the property fronting on the street or streets, the grade or grades of which is to be changed or modified, shall be filed with the Clerk of the Board of Supervisors within forty days from the first pub¬ lication of the resolution of intention hereinbefore mentioned, the Board of Supervisors shall have power to declare such grade or grades to be changed or modified and established, in conformity with said resolution; and when such improvement or improve¬ ments are contemplated in connection with such change, or changes of grade or grades, it no protest of the owners of a majority of the superficial area of the property included within the assessment district defined in said resolution of intention shall be filed with the Clerk of the Board of Supervisors within forty days from the first publication of said resolution herein¬ before mentioned, the Board of Supervisors shall also have the power to order any of the work contemplated therein to be done, and such street or streets to be regraded, repaved, sewered, side- walked, curbed or otherwise improved in conformity therewith. Owner May File Estimate of Damages. Sec. 2. In case the resolution of intention provides for re¬ grading, repaving, sewering, sidewalking, curbing or otherwise improving said street or streets, to said changed or modified grade, any person owning property fronting upon said portions of the street or streets where such street work is to be done, may file a petition with the Board of Public Works within sixty days after the first publication of said resolution of intention, showing the fact of such ownership, a description and situation of the property claimed to be damaged, its market value, and the esti¬ mated amount of damages over and above all benefits which the property would sustain by the proposed change if completed. Such petition shall be verified by the oath of the petitioner or his agent. A failure so to petition shall be deemed and treated as a waiver of any claim for such damage or damages, and said reso¬ lution of intention shall so declare. Board Shall Estimate Costs. Sec. 3. Whenever such petition or petitions have been filed, the Board of Public Works shall estimate and assess the benefits, damages and costs of the proposed work or improvement upon each separate lot of land situated within such assessment district as said lot appears of record upon the last City and County assessment roll. Power to Subpoena Witnesses. Sec. 4. The Board of Public Works shall have power to sub¬ poena witnesses to appear before them to be examined under oath, which any member of the Board of Public Works is author¬ ized to administer. 98 Charter of the City and County of San Francisco Assessment of Costs. Sec. 5. The Board of Public Works having determined the damages which would be sustained by each petitioner, in excess of all benefits, shall proceed to assess the total amount thereof, together with the costs, charges and expenses of the proceedings, upon the several lots of land benefited within the district of as¬ sessment, so that each of the lots shall be assessed in accordance with its benefits caused by such work or improvements. Report of Board of Public Works. Sec. 6. The Board of Public Works shall make their report in writing, and shall' subscribe to and file the same with the Board of Supervisors. In such report they shall describe separately each piece of property which will sustain damage and for which damages have not been waived, stating the name of the owner, if known, and the amount of damages each will sustain over and above all benefits. They shall also describe separately each lot benefited within said assessment district, the name of the owner, if known, and the amount of benefits in excess of the damages assessed against the same. In describing the lots to be assessed, reference may be had to a diagram of the property in such assess¬ ment district, such diagram to be attached to and made a part of the report of the Board of Public Works. If in any case the Board of Public Works shall find that conflicting claims of title exist, or shall be in ignorance or doubt of the ownership of any lot of land, or any improvement thereon, or any interest therein, it shall be set down as belonging to unknown owners. Error in designation of the owner or owners of any land or improvement or particulars of their interest, shall not affect the validity of the assessment. Notice of Filing of Report. Sec. 7. On the filing of said report, the Clerk of the Board of Supervisors shall give notice of such filing by the publication of a notice for at least ten days in the official newspaper. Said notice shall require all persons interested to show cause, if any they have, before the Board of Supervisors, on a day to be fixed by the said Board and stated in said notice, which day shall not be less than twenty days from the first publication thereof, .why such report should not be confirmed. Objections to Report. Sec. 8. All objections filed in response to said notice to show cause shall be in writing and filed with the Clerk of the Board of Supervisors, who shall, at the next meeting after the date fixed in the notice to show cause, lay the said objections, if any, be¬ fore the Board of Supervisors, which shall fix a time not less than fifteen days thereafter for hearing the same, of which time the Clerk shall notify the objectors by notice published in the official newspaper for a period of five days and by depositing a notice, postage prepaid, in the United States Postoffice at San Francisco, Article VI, Chap. VI, Department of Public Works 99 addressed to each objector at his last known place of residence, at least ten days before the date of such hearing*. At the time set, or at such other time to which the hearing may be adjourned, the Board of Supervisors shall hear such objections and pass upon them, and at such time shall proceed to pass upon such re¬ port and may confirm, correct or modify the same, or may order the Board of Public Works to make a new assessment, report and plat, which shall be filed, notice given and had, as in the case of the original report. Repaving Specifications, Bids and Contracts. Sec. 9. After the report of the Board of Public Works as to the damages caused by such change of grade has been finally passed upon by the Board of Supervisors, such Board of Public Works shall prepare detailed plans and specifications subject to the approval of the Board of Supervisors, for regrading, paving, sewering, sidewalking, curbing or otherwise improving such street or streets as set forth in said resolution of intention and shall then advertise for bids to perform the work of regrading, repaving, sewering, sidewalking, curbing or otherwise improving such street or streets, as the ease may be, with the same or other material with which the same have been formerly graded, paved, sewered, sidewalked, curbed or otherwise improved; first causing a notice, with such specifications to be posted conspicuously for fifteen days in or near the office of the Board of Public Works, inviting sealed proposals or bids for doing such work, and shall also cause notice of said work, inviting said proposal's and re¬ ferring to the specifications posted and already on file, to be pub¬ lished five days in the official newspaper. All proposals or bids offered shall be accompanied by a check payable to the order of the Clerk of the Board of Supervisors, and certified by a re¬ sponsible bank for an amount which shall not be less than ten per cent of the aggregate of the proposal, or by a bond for said amount, signed by the bidder and two sureties, who shall justify under oath in double said amount over and above all the statu¬ tory exemptions. Said proposals or bids shall be delivered to the Secretary of the Board of Public Works, and said Board of Public Works shall, in open session, examine and declare the same; provided, however, that no proposal or bid shall be re¬ ceived unless accompanied by a' check or a bond satisfactory to the Board of Public Works. The Board of Public Works may reject any or all bids and may award the contract to the lowest responsible bidder, or may readvertise for proposals or bids for the performance of the work, as in the first instance, and there¬ after proceed in the manner in this section provided; all checks accompanying bids shall be held by the Secretary of the Board of Public Works until the successful bidder has entered into a contract as herein provided, and in ease he refuses so to do, then the amount of his certified check shall be declared forfeited to 100 Charter of the City and County of San Francisco the city and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into the said fund. Notice of the awards of the contracts shall be published anc! posted in the same manner as hereinbefore provided for the advertising for proposals of such work. Before being entitled to a contract, the successful bidder must advance to the Secretary of the Board of Public Works, for payment by him, the cost of publication of the notices, resolu¬ tions, orders, or the incidental expenses and matters required un¬ der the proceedings described by this Chapter. Distribution of Assessment of Costs. Sec. 10. After such contract has been awarded and entered into, the Board of Public Works shall proceed to assess the cost and expense of doing such work upon all the lots and land lying within the district to be assessed, distributing the same so that each lot will be assessed for its proportion of the same according to the benefits it receives from the work. The Board of Public Works in making such assessment shall also include therein the total amount for which each Jot, or tract is assessed for the dam¬ ages resulting from the regrading, repaving, sewering, sidewalk- ing, curbing or otherwise improving such street or streets; provided , no assessment for such damages and cost and the ex¬ pense of such work shall be levied upon any property which will amount to a sum greater than 50 per centum of the value at which said property was assessed upon the last preceding assess¬ ment book of the City and County. Assessment Roll, What Constitutes. Sec. 11. The Secretary of the Board of Public Works shall forward to the Board of Supervisors a certified copy of the report and assessment as finally adopted by the Board of Public Works, whereupon such report and assessment shall be changed, modi¬ fied or confirmed by the Board of Supervisors, and upon such modification, change, or confirmation thereof, shall be returned to the Board of Public Works and shall thereupon be the assess¬ ment roll. Immediately upon receipt thereof by the Board of Public Works, the assessment therein contained shall become due and payable and shall be a lien upon all the property contained or described therein. Publication of Notice of Assessment. Delinquent Assessments. Sec. 12. The Board of Public Works shall thereupon give no¬ tice by publication for ten days in the official newspaper, that it has received said assessment roll, and that all sums levied and assessed in said assessment roll are due and payable immediately, and that the payment of said sums are to be made to the Board of Public Works within thirty days from, the date of the first publication of said notice. Said notice shall also contain a state¬ ment that all assessments not paid before the expiration of said thirty days will be declared to be delinquent; that thereafter the Article VI, Chap. VI, Department of Public Works 101 sum of five per cent upon the amount of said delinquent assess¬ ment, together Avith the cost of advertising each delinquent as¬ sessment, Avill be added thereto. When payment of any assess¬ ment is made to said Board of Public Works, the Secretary thereof shall Avrite the Avord “paid” and the date of payment opposite the respective assessments so paid, and the name of the person by or for Avhom said assessment is paid, and shall give a receipt therefor. On the expiration of said thirty days all as¬ sessments then unpaid shall be and become delinquent and the Secretary of the said Board of Public W r orks shall certify such fact at the foot of said assessment roll, and shall add five per cent to the amount of each assessment so delinquent. The said Secretary of the Board of Public Works shall, Avithin five days from the date of such delinquency, proceed to advertise the vari¬ ous sums delinquent and the Avbole thereof, including the cost of advertising, Avhich shall not exceed the sum of fifty cents for each lot, piece or parcel of land separately assessed, in the same man¬ ner as is or may be provided for the publication of the delinquent list of State and County taxes; and after the date of said delin¬ quency and before the time of such sale therein provided for, no assessments shall be received unless at the same time the five per cent added thereto, as aforesaid, together with the cost of adver¬ tising already incurred, shall be paid therewith. Said list of de¬ linquent assessments, Avith a notice of the time and place of sale of property affected thereby, shall be published daily for five days in the official newspaper, before the sale of property for such delinquent assessments. Said time of sale must not be less than seven days from the date of the first publication of said de¬ linquent assessment list, and the place must be in or in front of the office of the Secretary of the Board of Public Works. All property sold shall be subject to redemption for one year and in the same manner as in sales for delinquent State and County taxes: and the Secretary of the Board of Public Works shall, if there be no redemption, make and deliver to the purchaser at such sale a deed, conveying the property sold and may collect for each certificate fifty cehts, aud for each deed one dollar. The deed of the Secretary o{ the Board of Public Works, made for such sale, in case of failure to redeem, shall be prima facie evi¬ dence of the regularity of all proceedings thereunder, and that all title is in the grantee. The Secretary of the Board of Public Works shall, from time to time, pay over to the City Treasurer all moneys collected by him, or by the Board of Public Works, on account of such assessments, which the City Treasurer shall, upon receipt thereof, place in a separate fund, designating each fund by the name of the street, avenue, square, lane, alley, court or place for the change of grade for Avhich the assessment Avas made. And the City Treasurer shall transfer to said fund such sum or sums as the Supervisors may have ordered to be paid or 102 Charter of the City and County of San Francisco advanced for or on account of such improvement out of that fund in the treasury of the City and County from which such appro¬ priation is made. Payment shall be made from said fund to the parties entitled thereto, upon warrants issued by the Secretary of the Board of Public Works on order of said Board. Notice of Payment of Damages. Sec. 13. When sufficient money is in the hands of the City Treasurer to pay the total cost for damages, as well as the cost of doing the work, and all other expenses connected therewith, it shall be the duty of the Board of Public Works to notify the owner, possessor or occupant of the premises damaged, and to whom damages have been awarded, that a warrant has been drawn for the payment of the same, which may be received at the office of said Board of Public Works. Such notification may be made by depositing a notice, postage paid, in the United States Postoffice, at San Francisco, addressed to his last known place of residence. If, after the expiration of three days from the service or deposit of the notice in the Postoffice, he shall, not have applied for such warrant, the same shall be drawn and deposited with the City Treasurer to be delivered to him upon demand. Payment to Contractor. Sec. 14. After the contractor to whom has been awarded the contract for regrading, repaving, sewering, sidewalking, curbing, or otherwise improving such street or streets, has fulfilled his con¬ tract to the satisfaction of tiie Board of Public Works and the City Engineer has certified to the completion of said work, the Secretary of the Board of Public Works, on order of said Board, shall issue a warrant, payable out of said fund, in favor of such contractor in payment for such work. Supplementary Assessment for Costs. Sec. 15. In case of a deficiency of the fund to pay the whole assessed cost and damages, the Board of Supervisors may in its discretion, order the balance thereof to be distributed by the Board of Public Works upon the property assessed, by a supple¬ mentary assessment, or direct the payment of such balance to be made from the City Treasury; but in the event that a supplemen¬ tary assessment is ordered, in order to avoid delay, the Board of Supervisors may advance such balance out of any available fund in the treasury and reimburse the same from the collection of assessments. The Treasurer shall pay such warrants in the order of their presentation. Cost of Work May Be Paid Out of City Treasury. Sec. 16. The Board of Supervisors may, in its discretion, order by ordinance, that the whole or any part of the cost and expense of any of the work hereinbefore in this Chapter mentioned or the damages resulting therefrom, be paid out of the treasury of the City and County from such fund as the Board of Supervisors may designate. Whenever a part of such cost or expense is so or- | r ARTiCLE VII, Chap. I, Public Schools and Libraries 103 dered to be paid before the making of an assessment therefor, the Board of Public Works, in making up the assessment heretofore provided for such cost or expense, shall first deduct from the whole cost and expense such part thereof as has been so ordered to be paid out of the municipal treasury, and shall assess the re¬ mainder of 3aid cost and expense proportionately upon the lots, parts of lots and lands in said assessment district, or liable to be assessed for such work, and in the manner hereinbefore provided. —The foregoing Chapter VI was added by amendment November 5, 1907, approved by the Legislature November 23, 1907 (Statutes Special Session, 1907, pages 41-47). ARTICLE VII. PUBLIC SCHOOLS AND LIBRARIES. CHAPTER I. THE BOARD OF EDUCATION. Board of Education. Directors. Salary. Term. Section 1. The School Department shall be under the con¬ trol and management of a Board of Education composed of four School Directors, who shall be appointed by the Mayor, and who shall give their entire time to the duties of their office. They shall each receive an annual salary of three thousand dollars. They shall not be less than thirty years of age and must have been residents of the City and County for at least five years prior to their appointment. The Board shall never be so constituted as to consist of more than two members of the same political party. The term of office of the Directors shall be four years. Those first appointed shall so classify themselves by lot that they shall respectively go out of office at the expiration of one, two, three and four years. President. Secretary. Salary. Sec. 2. The Board shall organize by electing one of its num¬ ber President, who shall serve for one year and until his succes¬ sor is elected. The Board may elect a Secretary who shall not be a member of the Board, and who shall receive an annual salary of eighteen hundred dollars. Meetings. Rules. Sec. 3. The Board shall meet at least once a week and at such other times as it may determine. It. shall establish rules for its proceedings; but the concurrent vote of a majority of its mem¬ bers shall be necessary to transact business. In every instance where a power is exercised under this Article by the Board the vote thereon shall be taken by ayes and noes and entered in the minutes of the Board. 104 Charter of the City and County of San Francisco CHAPTER II. SCHOOLS. School Department. Section 1. The School Department shall comprise all the public schools of the City and County and shall include primary and grammar schools and may include evening, deportment, tech¬ nical, cosmopolitan, high and normal schools. .Night Schools. Sec. 2. Adults shall be entitled to free instruction in the evening schools; but no child under fourteen years of age shall be admitted to such schools. CHAPTER ill. i POWERS OF THE BOARD OF EDUCATION. Powers of Board of Education. Section 1. In addition to the powers conferred by the general laws of the State, the Board of Education shall have power: Establish and Change Schools. 1. To establish and maintain public schools as provided in this Article, and to change, modify, consolidate or discontinue the same as the public welfare may require. Teachers. Salaries. Promotion and Dismissal. 2. To employ such teachers and persons as may be necessary to carry into effect its powers and duties; to fix, alter and ap¬ prove their salaries and compensation, and to withhold for good and sufficient cause the whole or any part of the wages, salary or compensation of any person or persons employed as aforesaid; and to promote, transfer and dismiss teachers; but no teacher in the department at the time of the adoption of this Charter, or who shall be hereafter appointed, shall be dismissed from the de¬ partment, except for insubordination, immoral or unprofessional conduct, or evident unfitness for teaching. All promotions of teachers shall be based solely on merit and successful teaching. Nothing in this section shall be construed to prevent the Board from removing teachers holding only special certificates or serv¬ ing a probationary term. Charges against teachers must be for- malty made by the Superintendent after due investigation, and shall be finally passed upon by the Board after giving the ac¬ cused teacher due hearing. Certificates. 3. To grant, to renew and, for the causes mentioned in sec¬ tion one, subdivision two of this Chapter, to revoke teachers’ certificates. Rules and Regulations. 4. To establish and enforce all necessary rules and regula¬ tions for the government and efficiency of the schools and for carrying into effect the school system; to remedy truancy; to Article VII, Chap. Ill, Public Schools and Libraries 105 compel the attendance at school of children between the ages of six and fourteen years who may be found idle in public places during school hours. Investigate Charges. 5. To investigate charges against any person connected with or in the employ of the School Department, and to take testimony in such investigations. Hold and Lease Property. 6. To receive, to take on lease and to hold in trust for the City and County any real estate belonging to or claimed by the School Department. To hold in trust all personal property that may have been or may hereafter be acquired by the School De¬ partment. Census Marshals. 7. On or before the first day in April in each year, to appoint School Census Marshals, and notify the Superintendent of Com¬ mon Schools of such appointments. Any Census Marshal found incompetent may be discharged by the Superintendent of Com¬ mon Schools. Should the Board fail or neglect to fill the vacancy so caused within three days thereafter by the appointment of a person competent to perform the duties of Census Marshal, such vacancy may be filled by the Superintendent of Common Schools. Actions. 8. To sue in the name of the City and County for lots, lands and property belonging to or claimed by the School Department. To prosecute and defend all actions at law or special proceedings or suits in equity concerning the enjoyment and possession of such lots, lands and property. To require the services of the City Attorney in all actions, suits and proceedings by or against the Board of Education. Disbursement of Moneys. Segregation of Fund. 9. To establish regulations for the disbursement of all moneys belonging to the School Department or to the Common School' Fund, and to secure strict accountability in the expenditure thereof; to provide for the prompt payment, on not later than the fifth day of every month, of all salaries due and allowed officers, teachers and other employees of the School Department. For this purpose the Auditor shall annually segregate so much of the Common School Fund as shall not exceed twenty-eight dollars for each pupil in average daily attendance in the Public Schools of the City and County during the preceding fiscal year. The amount so segregated shall not be applied to the payment of any demand against such Common School Fund during any fiscal year other than for salaries, until all salaries for that fiscal year have been fully paid or provided for. The Board shall ascertain and transmit to the Auditor on or before the first Monday in April of each year an estimate of the amount required for such segregation within such limit of twenty-eight dollars. 106 Charter of the City and County of San Francisco Demands to Be Filed and Signed. Salary Roll. 10. All demands payable out of the Common School Fund shall be filed with the Secretary of the Board of Education, and after they have been approved by the Board, they shall be signed by the President of the Board and the Superintendent and sent to the Auditor. Every demand shall have endorsed upon it a certificate, signed by the Secretary, of its approval by the Board of Education, showing the date thereof, and the law authorizing it by title, date and section. Every person in the employ of the School Department entitled to a salary therefrom shall receive a warrant for the amount due and approved by the Board, signed by the President and Secretary thereof. The entire monthly sal¬ ary roll of the Department shall be made up by the Secretary of the Board, and after being duly audited by the Finance Com¬ mittee thereof and approved by a majority of all the members of the Board, shall be endorsed in the same manner as other de¬ mands. The salary roll so audited, approved and endorsed, shall be immediately transmitted to the Auditor not later than the third day of every month for comparison with the individual salary warrants issued in the manner above provided; but pay¬ ment shall be made only on the individual warrants issued in accordance herewith. Leasing of School Property. 11. To lease to the highest responsible bidder, for the benefit of the Common School Fund, for a term not exceeding thirty- five years, any real property of the School Department not re¬ quired for school purposes; but no lease shall be made except after advertisement for bids for at least sixty days in the official newspaper and one other daily newspaper of general circulation, published in the City and County, and by an affirmative vote of at least three members of the Board of Education and approved by an ordinance of the Board of Supervisors, passed by a vote of at least fifteen of its members, and approved by the Mayor; and provided that at the expiration of the term of said lease all buildings and improvements erected shall revert to and become the property of the School Department of the City and County. —As amended November 5, 1907, approved by the Legislature November 23, 1907 ( Statutes Special Session, 1907, page 55). Trust Funds. 12. To receive and manage property or money acquired by bequest or donation in trust for the benefit of any school, edu¬ cational purpose or school library; to carry into effect the terms of any bequest not in conflict with the general laws or this Char¬ ter; and to sell such personal property as shall no longer be re¬ quired for use in the schools. All moneys realized by such sales shall be at once paid into the treasury to the credit of the Com¬ mon School Fund. Article VII, Chap. IV, Public Schools and Libraries 107 Proposals for Supplies. Provisions Governing Proposals. Sec. 2. The Board shall annually, before the first day of May, make a list of supplies estimated to be required by the School Department for the ensuing fiscal year, stating in clear and explicit terms the quantity and kind of articles needed and how and when they shall be delivered, and shall invite proposals for furnishing the same by advertising therefor for at least ten days in the official newspaper. The provisions of Article II, Chapter III, of this Charter, in regard to the advertising for proposals, the affidavit and se¬ curity accompanying the same, the presentation and opening of proposals, the awarding of contracts and the security for the performance thereof, shall, so far as the same can be made ap¬ plicable, apply to all proposals and contracts made, awarded or entered into for furnishing supplies to the School Department. Any contract made in violation of any provision of this Article shall be void. Annual Report to Supervisors. Sec. 3. The Board shall, during each year, transmit to the Supervisors a report in writing for the preceding fiscal year, stating the number of schools within its jurisdiction, the length of time the}^ have been kept open, the number of pupils taught in each school, the average daily attendance of pupils in all the public schools, the number, names and salaries of teachers, the dates of their appointments and the character of the certificates held by them, the amount of money drawn from the treasury by the Department during the year, distinguishing the State fund from all others, the purpose for which such money has been expended, with particulars, and such other information as may be required by the State Superintendent, the Supervisors or the Mayor. Schedule of Salaries. Sec. 4. The Board shall, between the first and twenty-first days of May of each year, adopt a schedule of salaries for the next ensuing fiscal year for teachers and all employees of the School Department. CHAPTER IV. SUPERINTENDENT OF SCHOOLS. Superintendent of Schools. Salary. Section 1. The Superintendent of Common Schools of the City and County shall be by virtue of his office a member of the Board of Education, without the right to vote. He shall receive an annual salary of four thousand dollars. Deputy Superintendents. Sec. 2. The Superintendent shall appoint four Deputy Super¬ intendents. The number of such deputies shall not be increased 108 Charter of the City and County of Ban Francisco until the average daily attendance shall have reached forty-five thousand, when the Superintendent shall appoint one additional deputy, and thereafter he shall appoint one deputy for each addi¬ tional eight thousand children in average daily attendance. If from any cause a vacancy occurs in the office of Deputy Super¬ intendent, such vacancy shall be filled by the Superintendent. Term of Deputies. Sec. 3. Of the Deputy Superintendents first appointed, the Superintendent shall appoint two for two years and two for four years. All Deputy Superintendents subsequently appointed shall hold office for four years. Qualifications of Deputies. Sec. 4. Such deputies must have had at least ten years’ suc¬ cessful experience as teachers, and shall have been residents of the City and County at least five years preceding their appoint¬ ment. Duties of Superintendent. Sec. 5. In addition to the duties imposed by the general laws of the State, it shall be the duty of the Superintendent: Enforce Rules. 1. To observe and enforce all rules and regulations of the Board of Education and to see that no religious or sectarian books or teachings are allowed in the schools. Annual Report to Board. 2. To report to the Board of Education annually, on or be¬ fore the twentieth day of August, and at such other times as the Board may require, all matters pertaining to the condition and progress of the public schools of the City and County during the fiscal year, with such recommendations as he may deem proper. * Recommendations. 3. To inform the Board of the condition of the schools, school- houses and of other matters connected therewith, and to recom¬ mend such measures as he may deem necessary for the advance¬ ment of education in the City and County, and for the care and improvement of the property of the School Department. Visit All Schools. 4. To visit and examine, with the assistance of his deputies, all the schools at least twice a year, and determine their standing and classification. To recommend rules for the promotion of pupils from grade to grade, from school to school, and for the transfer and the graduation of pupils. Studies and Text-Books. 5. To recommend to the Board the courses of studies, the text-books and books for supplementary use in the public schools and the purchase of such apparatus, books, stationery and other class-room supplies as may be required in the schools. Article VII, Chap. V, Public Schools and Libraries 109 Standing of Schools. 0. To report to the Board once a month upon the standing of schools examined by him and his deputies. City Board of Examination. Powers. Sec. 6. The Superintendent and his Deputies shall constitute the City Board of Examination, and shall have power: To Examine Applicants, j. To examine applicants, and to prescribe a standard of pro¬ ficiency, which will entitle the person examined to receive: a. A high school certificate, valid for six years, which shall authorize the holder to teach any primary, grammar, or high school in the City and County. b. A City certificate, grammar grade, valid for six years, which shall authorize the holder to teach any primary or grammar school in the City and County. c. A City certificate, primary grade, valid for two years, which shall authorize the holder to teach any primary school in the City and County. They shall report the result of the examination to the Board of Education, and the Board shall thereupon issue to the successful candidates the certificates to which they shall be entitled. Special Certificates. 2. To recommend applicants for special' certificates valid for a period not to exceed six years, upon such special studies as may be authorized by the Board of Education. Revocation of Certificates. 3. For immoral or unprofessional conduct, profanity, intem¬ perance, or evident unfitness for teaching, to recommend to the Board of Education the revocation of any certificates previously granted by the Board. Recommend City Certificates. 4. To recommend the granting of City certificates, and the renewal thereof, in the manner provided for the granting and renewal of County certificates by County Board of Education in section seventeen hundred and seventy-five of the Political Code. CHAPTER V. SCHOOL TAX LEVY. Annual Estimate. Limit of Aggregate Amount. Section - 1. The Board of Education shall, on or before the first Monday of April in each year, report to the Supervisors an estimate of the amount which shall be required during the en¬ suing fiscal year for the purpose of meeting the current annual expenses of public instruction in the City and County, specifying the amount required for supplies to be furnished pupils, includ¬ ing text-books for indigent children; for purchasing and procur¬ ing sites; for leasing rooms or erecting buildings; for furnishing, fitting up, altering, enlarging and repairing buildings; for the 110 Charter of the City and County of San Francisco support of schools organized since the last annual apportionment ; for the salary of the School Directors, Superintendent, Deputy Superintendents, and all other persons employed in the School Department, and for other expenditures necessary for the admin¬ istration of the Public School system; but the aggregate amount so reported for any one year shall not exceed the sum of thirty- two dollars and fifty cents for each pupil, who in the fiscal year immediately prior thereto actually attended the schools entitled to participate in the apportionment thereof. Common School Fund. Sec. 2. The Supervisors at the time and in the manner of levying and collecting other city and county taxes shall levy and cause to be collected for the Common School Fund a tax which, added to the revenue derived from other sources, shall produce an amount of money which shall not exceed thirty-two dollars and fifty cents for each pupil in attendance during the preceding fiscal year, as ascertained and reported by the Board of Education. Extraordinary Expenditures. Sec. 3. In case of extreme emergency or great calamity, such as disaster from fire, riot, earthquake or public enemy, the Board of Education may, with the approval of the Mayor and Super¬ visors, incur extraordinary expenditures in excess of the annual limit provided for in this Charter, for the repair and construction and furnishing of school houses in place of those so injured or de¬ stroyed. The Supervisors may, by ordinance, cause to be trans¬ ferred to the Common School Fund, from moneys in any fund not otherwise appropriated, sufficient money to liquidate such ex¬ penditures, and provide for the same in the next tax levy of the Citv and County. CHAPTER VI. SCHOOL HOUSES AND LOTS. New School Houses. Plans and Estimates. Section 1. When any locality in the City and County is unpro¬ vided with sufficient school accommodations, the Board of Educa¬ tion may, by resolution, make a requisition upon the Board of Public Works for plans and specifications and estimates for a new school house, specifying the number of class rooms needed, the location of the proposed school house, the date on which it should be completed, the amount of money in the School Fund available for the purpose, and such other information as will enable the Board of Public Works to prepare the necessary plans, specifications and estimates of cost for such school house. If such plans, specifications and estimates are approved by the Board of Education they shall be endorsed “Approved,” with the date of such approval, by the President and Secretary thereof, and returned to the Board of Public Works, which shall proceed without delay to have such school house constructed and com¬ pleted in accordance therewith. Article VII, Chap. VII, Public Schools and Libraries 111 When such school house is completed, the Board of Public Works shall notify the Board of Education to examine the same, and if it has been built in accordance with the plans and specifica¬ tions and within the estimated cost thereof, the Board of Educa¬ tion shall accept and take possession of it. Repairs by Board of Public Works. Sec. 2. When any school house, building, fence or other prop¬ erty belonging to, or connected with, or under the control of, the Board of Education, needs repairing, altering or improving, the Board shall notify the Board of Public Works, specifying in gen¬ eral terms the work to be done. The Board of Public Works shall cause the same to be done forthwith, if the cost thereof shall not exceed two hundred and fifty dollars; otherwise the Board of Public Works shall submit plans, specifications and estimates of cost to the Board of Education for its approval, and if approved as provided in section one of this Chapter, the Board of Public Works shall cause the same to be done, and if done in accordance with the plans and specifications, and within such estimate, the same shall be accepted and shall be paid for out of the Common School Fund. Purchase of Lots. Sec. 3. When it is necessary to purchase a lot for the use of the School Department, the price paid for such lot shall not exceed the market value of adjacent property of equal size and similarly situated. Any school building hereafter constructed shall have a clear space of at least ten feet around the same. CHAPTER VII. PUBLIC LIBRARY AND READING ROOMS. Board of Trustees. How Constituted. Section 1. The Public Library and Reading Rooms of the City and County shall be under the management of a Board of twelve Trustees, one of whom shall be the Mayor of the City and County, who shall be a member of the Board by virtue of his office. The Board of Trustees of said Library and Reading Rooms in office at the time this Charter shall take effect shall continue to constitute the Board of Trustees of said Public Library and Reading Rooms; and all vacancies therein shall be filled by said Board. None of said Trustees shall receive any compensation for his services. Library Fund. Amount of Tax. Sec. 2. The Supervisors shall, for the purpose of maintaining such Library and Reading Rooms and such branches thereof as the Board of Library Trustees may from time to time establish, and for purchasing books, journals and periodicals, and for pur¬ chasing or leasing real and personal property, and for construct¬ ing such buildings as may be necessary, annually levy a tax on all property in the City and County not exempt from taxation 112 Charter of the City and County of San Francisco which shall not be less than one and one-half cents nor more than two and one-half cents upon each one hundred dollars assessed valuation of said property. The proceeds of said tax shall be credited to the Library Fund. Gifts and Bequests to Library Fund. Sec. 3. All revenue from such tax, together with all money or property derived by gift, devise, bequest or otherwise, for the pur¬ poses of the Library, shall be paid into the treasury and be desig¬ nated as the Library Fund and be applied to the purposes herein authorized. If such payment into the treasury should be inconsist¬ ent with the conditions or terms of any such gift, devise or bequest, the Board shall provide for the safety and preservation of the same and the application thereof to the use of the Library and Reading Rooms, in accordance with the terms and conditions of such gift, devise or bequest. Title to Vest in City and County. Sec. 4. The title to all property, real and personal, now owned or hereafter acquired by purchase, gift, devise, bequest or other¬ wise, for the purpose of the Library and Reading Rooms, when not inconsistent with the terms of its acquisition, shall vest in the City and County, and in the name of the City and County may be sued for and defended by action at law or otherwise. Powers of Board, Officers and Employees. Sec. 5. The Board shall take charge of the Public Library and Reading Rooms, and the branches thereof, and of all real and personal property thereunto belonging, or that may be acquired by loan, purchase, gift, devise or otherwise, when not inconsistent with the terms and conditions of the gift, devise or bequest. It shall meet for business purposes at least once a month, and at such other times as it may appoint, in a place to be provided for the purpose. A majority of the Board shall constitute a quorum for the transaction of business. It shall elect one of its number President, who shall serve for one year and until his successor is elected, and shall elect a Librarian and Secretary and such assist¬ ants as may be necessary. The Secretary shall keep a full ac¬ count of all property, money, receipts and expenditures and a record of all its proceedings. Powers of Board. Sec. 6. The Board, by a majority vote of all its members to be recorded in its minutes with the ayes and noes, shall have power: Rules and Regulations. 1. To make and enforce all rules, regulations and by-laws necessary for the administration, government and protection of the Library and Reading Rooms and branches thereof, and all property belonging thereto, or that may be loaned thereto. Administer Trusts. 2. To administer any trust declared or created for such Library and Reading Rooms and branches thereof, and provide memorial Article VIII, Chapter I, Police Department 113 tablets and niches to perpetuate the memory of those persons who may make valuable donations thereto. Appoint and Remove Assistants. 3. To define the powers and prescribe the duties of all officers; determine the number of and elect all necessary subordinate offi¬ cers and assistants, and for good and sufficient cause to remove any officer or assistant. Purchase Books. 4. To purchase books, journals, publications and other per¬ sonal property. Payments From Library Fund. 5. To order the drawing and payment upon vouchers, certified by the President and Secretary, of money from the Library Fund for any liability or authorized expenditure. Fix Salaries. Buildings. 6. To fix the salaries of the Librarian and Secretary and their assistants; and, with the approval of the Supervisors, expressed by ordinance, to erect and equip such building or buildings, room or rooms, as may be necessary for the Library and Reading Rooms and branches thereof. Branches. 7. To establish such branches of the Library and Reading Rooms as the growth of the City and County may from time to time demand. Supervisors May Authorize Use of Real Estate for Library Purposes. Sec. 7. The Supervisors shall have power to appropriate and authorize the use, either in whole or in part, of any real estate belonging to the City and County, for the purpose of erecting and maintaining a building or buildings thereon to be used for the Library and Reading Rooms, or branches thereof, and may appro¬ priate the whole or any portion of any public building belonging to the City and County for such use. ARTICLE VIII. POLICE DEPARTMENT. CHAPTER I. ORGANIZATION. Consists of. Section 1. The Police Department shall consist of a Board of Police Commissioners, a Chief of Police, a Police Force, and of such clerks and employees as shall be necessary to carry into effect the provisions of this Article. Term of Members. Sec. 2. All members of the Police Department shall hold office during good behavior, subject to the provisions hereinafter set forth relating to promotions, suspensions, dismissals and disrate- ments. 114 Charter of the City and County of San Francisco Qualifications of Members. Sec. 3. No person shall become a member of the Department unless he shall be a citizen of the United States, of good character for honesty and sobriety, able to read and write the English lan¬ guage, and a resident of the City and County for at least five years next preceding his appointment. Every appointee to the Department shall not be less than twenty-one nor more than thirty-five years of age, must possess the physical qualifications required for recruits of the United States Army, and before his appointment must pass a satisfactory medical examination under such rules and regulations as may be prescribed by the Board of Police Commissioners. In making appointments of members of the Department, the Board shall never regard the political or religious preferences or affiliations of any candidate. CHAPTER II. POLICE COMMISSIONERS. Board of Four Police Commissioners. Appointed by Mayor. Salary. Section 1. The Police Department shall be under the manage¬ ment of a Board of Police Commissioners consisting of four mem¬ bers who shall be appointed by the Mayor, and each of whom shall receive an annual salary of twelve hundred dollars. No person shall be appointed such Commissioner who shall not have been an elector of the City and County for at least five years next preceding his appointment. Political Affiliations. Term. Sec. 2. The Board shall never be so constituted as to consist of more than two members of the same political party. The term of office of the Commissioners shall be four years. Those first appointed shall so classify themselves by lot that they shall re¬ spectively go out of office at the expiration of one, two, three and four years. Successors in Office. Sec. 3. The Commissioners shall be successors in office of the Police Commissioners holding office in the City and County at the time this Charter shall go into effect by virtue of appointment under any statute or law of this State. President. Secretary. Salary. Sec. 4. The Police Commissioners shall organize by electing one of their number President, who shall hold such office for one year. The Board shall appoint a Secretary, who shall receive an annual salary of fifteen hundred dollars. The sessions of the Board shall be public, except that executive sessions may be held whenever deemed proper by the Board. The Board shall meet at least once a week in the rooms of the Police Department, or in case of public emergency at such place as the Board may select. The Secretary must keep minutes of its proceedings; and in every Article VIII, Chapter III, Police Department 115 case where a power is exercised by the Board under this Article the ayes and noes thereon shall be entered therein. CHAPTER III. POWERS OF THE BOARD. Powers of Commissioners. Section 1. The Board of Police Commissioners shall have power: Appoint and Dismiss. 1. To appoint, promote, suspend, disrate or dismiss any mem¬ ber of the Department in the manner hereinafter provided. Rules and Regulations. 2. To prescribe rules and regulations for the government, disci¬ pline, equipment and uniform of the Department, and from time to time to alter or repeal the same, and to prescribe penalties for the violations of any of such rules jand regulations. All such rules and regulations must be reasonable. Permits for Sale of Liquor. Hearing of Persons Refused Permits. 3. To grant permits to any person desiring to engage in the sale of liquor in less quantity than one quart, and to grant per¬ mits to any person engaged in the business of selling liquor to be drunk on the premises, and to revoke any such permit when it shall appear to the Board that the business of the person to whom such permit was given is conducted in a disorderly or improper manner. Without such permit none of such persons shall engage in the business of selling liquor. If the Board refuse to grant such permit, or propose to revoke any permit that has been grant¬ ed, the person who is refused such permit or whose permit it is proposed to revoke, shall be entitled to be heard before the Board in person, or through counsel, and to have, free of charge, all reasonable facilities at the hearing. Such permits shall not be granted for more than three months at one time, and they shall distinctly state the name of the person to whom the same is given, and the description of the premises where such business is to be carried on. Such permits shall, at all times be subject to inspec¬ tion by any member of the Department. Complaints to revoke permits granted by the Board must be in writing, signed by the person making the same and filed with the Secretary of the Board; and a copy thereof certified by the Secretary must be served upon the party complained against at least five days before the time set for‘the hearing of the complaint. Special Police Officers. 4. At its discretion, upon the petition of any person, firm or corporation, to appoint, and at pleasure to remove, special police officers. Such officers shall be subject to all the rules and regula¬ tions of the Board. Sale and Disposition of Unclaimed Property. 5. To provide for the care, restitution or sale at annual public auction of all unclaimed property that may come into the posses- 116 Charter of the City and County of San Francisco sion of the Property Clerk, and to direct the destruction of such property as shall consist of implements, weapons, property or any other article, matter or thing used in the commission of crime. Police Matrons. 6. To appoint Police Matrons for the care of female prisoners and to provide rules and regulations for the government of the same. Police Surgeon. 7. To appoint a Police Surgeon, who shall receive an annual salary of fifteen hundred dollars. Special Meetings. Sec. 2. The President may convene the Board for special meet¬ ings. The Secretary of the Board shall be the official custodian of all records and official documents of the Board. CHAPTER IV. THE CHIEF OF POLICE. Chief of Police. Term. Salary. Powers and Duties. Section 1. The Chief of Police shall be appointed by the Board of Police Commissioners and hold office for the term of four years. Pie shall receive an annual salary of four thousand dollars. He shall 1 have control, management and direction of all members of the Department in the lawful exercise of his functions, with full power to detail any of them to such public service as he may direct, and with like power to suspend temporarily any member of the Department. In all cases of such suspension, he shall im¬ mediately report the same to the Board, with the reasons therefor in writing. He shall maintain and enforce law and rigid disci¬ pline so as to secure complete efficiency of the Department He shall, subject to the directions and orders of the Commissioners, have control of such of the prisons of the City and County as are not by the general law under the control of the Sheriff. Powers and Duties Riots. Sec. 2. In the suppression of any riot, public tumult, disturb¬ ance of the public peace, or organized resistance against the laws or public authority, the Chief of Police shall, in the lawful exer¬ cise of his functions, have all the powers that are no.w or may be conferred on Sheriffs by the laws of the State. Chief Executive Officer of the Department. Sec. 3. r Phe Chief of Police shall be the chief executive officer of the Department. He shall be chargeable with and responsible for the execution of all laws and ordinances and the rules and regu¬ lations of the Department. He shall see that the orders and process issued by the Police Court and such other orders and process as may be placed in his hands are promptly executed, and shall exercise such other powers connected with his office as may be provided for in the general rules and regulations of the Commissioners. Article VIII, Chapter V, Police Department 117 Law Books in Office. Sec. 4. The Chief of Police shall keep a public office, in which he shall have the Statutes of this State and of the United States, and all necessary works on criminal law. In case of his tem¬ porary absence some competent member of the Department, by him designated for that purpose, shall be in attendance at all hours of the day and night; and in such case he shall make known to such member of the Department where he can be found. Bailiffs in Police Court. Appointees. Salaries. Sec. 5. The Chief of Police shall detail one or more of the mem¬ bers of the Department to attend constantly on the Police Court and to execute its orders and process. He shall detail at his pleasure members of the Department to act as his Chief Clerk, Assistant Clerks, Prison Keepers and Property Clerk. Said Chief Clerk and said Property Clerk shall each receive an annual salary of twenty-four hundred dollars. Contingent Fund. Total Disbursements. Sec. 6. The Chief of Police may from time to time disburse such sums for contingent expenses of the Department as in his judgment shall be for the best interest of the City and County, to be paid out of the contingent fund allowed the Department. The aggregate of all such sums shall not in any one fiscal year exceed the sum of ten thousand dollars. Provision shall be made by the Supervisors for such contingent fund in the annual tax levy. The Commissioners shall allow and order paid out of such contingent fund, as contingent expenses of the Police Department, upon or¬ ders signed by the Chief of Police, such amounts as may be required. Control Over Pawnshops, Peddlers, Etc. Sec. 7. The Chief of Police shall possess powers of general police inspection, supervision and control, over all pawnbrokers, peddlers, junk-shop keepers, dealers in second-hand merchandise, auctioneers and intelligence office keepers. All persons engaged in said callings must first procure permits from the Commissioners. In the exercise of such power the Chief may by authority in writ¬ ing from time to time empower members of the Police Department, when in search of property feloniously obtained or in search of suspected offenders, or in search of evidence to convict any per¬ son charged with crime, to examine the books and the premises of any such person. Any such member of the Police Department, when thereunto empowered in writing by the Chief of Police, may examine property alleged to have been pawned, pledged, deposit¬ ed, lost, strayed or stolen. CHAPTER V. SUBORDINATE OFFICERS. Police Department: Subordinate Officers. Section 1 . Subordinate officers of the Police Department shall 118 Charter of the City and County of San Francisco consist' of Captains, who shall each receive an annual salary of twenty-four hundred dollars; Lieutenants, who shall each receive an annual salary of one thousand nine hundred and twenty dol¬ lars; Sergeants, who shall each receive an annual salary of one thousand six hundred and eighty dollars; and Corporals, who shall each receive an annual salary of one thousand five hundred and sixty dollars.—As amended November 5, 1907, approved by the Legislature November 22, 1907 (Statutes Special Session, 1907, page 22). Captains’ Duties. Sec. 2. There shall be one Captain for each one hundred police officers. The duties of Captains shall he defined by the rules and regulations of the Commissioners and by the orders of the Chief of Police. Lieutenants’ Duties. Sec. 3. There shall be one Lieutenant for every fifty police officers. The duties of Lieutenants shall be defined by the rules and regulations of the Commissioners, bv the orders of the Chief of Police, and by the orders of their respective Captains. Sergeants’ Duties. Sec. 4. There shall be as many Sergeants as in the judgment of the Commissioners may be advisable, not to exceed one Ser¬ geant for every ten police officers. The duties of Sergeants shall be defined by the rules and regulations of the Commissioners, the orders of the Chief of Police, and the orders of their respective Captains and Lieutenants. Corporals’ Duties. Sec. 5. There .shall be as many Corporals as in the judgment of the Commissioners may be advisable. The duties of Corporals shall be defined by the rules and regulations of the Commission¬ ers, the orders of the Chief of Police, and the orders of their re¬ spective Captains, Lieutenants and Sergeants. Detectives. Captain. Sec. 6. The Chief of Police may detail for detective duties such members of the Department as he may select, not to exceed twenty-five. He shall designate a Captain of Police, to act as Captain over the officers so detailed, who shall receive an annual salary of three thousand dollars. Such Captain shall rank as Captain of Detectives, and his duties shall be defined by the Com¬ missioners and by the Chief of Police. The members so detailed shall be known and ranked as Detective Sergeants. Each of said Detective Sergeants shall receive an annual salary of eighteen hundred dollars. They may be removed at any time from such detail by the Chief of Police. Their duties shall be defined by the rules and regulations of the Commissioners, by the orders of the Chief of Police, and by the orders of the Captain of Detec¬ tives. Article VIII, Chaps. VI and VII, Police Department 119 CHAPTER VI. POLICE OFFICERS. Police Force: Number and Salaries. Section 1. The Police Force of the City and County shall not exceed one Police Officer for each five hundred inhabitants thereof. Police Officers shall each receive an annual salary of one thousand four hundred and sixty-four dollars. —As amended November 5, 1907, approved by the Legislature November 22, 1907 ( Statutes Special Session, 1907, page 22.) Property of Prisoners. Sec. 2. Every Police Officer shall, upon the arrest of any per¬ son charged with the commission of crime, search the person of such offender, and take from him all property and weapons, and forthwith deliver the same to the prison-keeper, who must deliver the same to the Property Clerk, to be by him kept until other disposition be made thereof according to law. Ex-Officio Health Officers. Sec. 3. Police Officers shall be health officers by virtue of their office. CHAPTER VII. PROMOTIONS, SUSPENSIONS, DISMISSALS AND DISRATEMENTS. Promotions. Section 1. All promotions in the Department shall be from the next lowest rank, seniority of service and meritorious public service being considered. Violation of Rules. Sec. 2. Any member of the Department guilty of any offense, or violation of rules and regulations, shall be liable to be pun¬ ished by reprimand, or by fine to be fixed by the Commissioners, or by dismissal from the Department; but no fine shall ever be imposed at any one time for any offense exceeding one month’s salary. Fair Trial Before Dismissal or Punishment. Sec. 3. No member of the Department shall be subject to dis¬ missal for any cause, or to punishment for any breach of duty or misconduct therein, except after a fair and impartial trial before the Commissioners upon a verified complaint filed with the Board setting forth specifically the acts complained of, and after such reasonable notice to him of the time and place of hearing as the Board may by rule prescribe. The accused shall be entitled upon such hearing to appear personally and by counsel ; to have a pub¬ lic trial; and to secure and enforce free of expense to him the attendance of all witnesses necessary for his defense. 120 Charter of the City and County of San Francisco CHAPTER VIII. UNCLAIMED AND STOLEN PROPERTY. Lost, Stolen or Unclaimed Property. Section 1. All property or money taken under suspicion of having been stolen or feloniously obtained, the result of crime or constituting the proceeds of crime, and all property or money taken from intoxicated or insane persons, or other persons inca¬ pable of taking care of themselves, or property or money lost or abandoned that may in any way come into the possession or cus¬ tody of any member of the Department, or of any Criminal Court or Judge of the City and County, shall be delivered to the Prop¬ erty Clerk, who shall enter in a Record Book, to be kept by him for that purpose, a full and explicit description of the same, to¬ gether with the name of the person or persons from whom re¬ ceived, the names of any claimants thereto, the time of the seizure and the final disposition thereof. Property of Innocent Persons to Be Returned. Sec. 2. When property or money taken from any person ar¬ rested, or otherwise under suspicion of having been feloniously obtained, or of being the proceeds of crime, is brought with the claimant thereof and the person arrested before a Court for ex¬ amination and adjudication, and the Court shall adjudge that the person arrested is innocent of the offense alleged, and that the property or money belongs to him, it shall order such prop¬ erty or money returned to the accused, and the Property Clerk shall thereupon deliver such property or money to him personally, but not to his attorney or agent. If upon such hearing the ac¬ cused shall be held for trial or examination, such property or money shall remain in the custody of the Property Clerk until the discharge or conviction of the person accused. Unclaimed Property to Be Sold, When. Sec. 3. All unclaimed property and money that has been in the custody of the Property Clerk for one year shall be sold at public auction, after having been five times advertised in the offi¬ cial newspaper; and the proceeds of such sale shall be paid into the treasury to the credit of the Police Relief and Pension Fund. In ho case shall such property be sold or disposed of until the necessity for the use thereof as evidence has ceased. The proceeds of property taken from insane persons shall not become part of such Fund until after the expiration of three years from the time the same is paid into the treasury; but the Commissioners and the Chief of Police shall, during such period, make diligent inquiry to ascertain the person or persons to whom the same should by right be payable. Property as Evidence in Court. Sec. 4. If any property or money in the custody of the Prop¬ erty Clerk be required as evidence in any Court, it shall be de- Article VIII, Chaps. IX and X, Police Department 121 livered to any officer who shall present an order in writing to that effect from such Court, and the Clerks of such Court shall be re¬ sponsible for the safe delivery of such property or money to the Property Clerk. Duty of Property Clerk. Sec. 5. All valuables and money in the custody of the Prop¬ erty Clerk shall be deposited by him, for safe keeping, with the Treasurer, in such manner and subject to such rules and regula¬ tions as may be prescribed by the Board. CHAPTER IX. PRESENT POLICE FORCE. Constitution of the Force. Section 1. All members of the present Police Force in good standing in the Department at the time this Charter goes into effect, and the Park Police, shall continue therein without Civil Service examination; but all new appointments and all promo¬ tions made after this Charter shall go into effect shall be subject to and governed by Article XIII of this Charter. CHAPTER X. POLICE RELIEF AND PENSION FUND. Pension Fund. Board of Trustees. Section 1. In order to continue in force and make effectual pensions already existing in favor of the Police Force, a Fund is hereby created to be known and designated as the Police Relief and Pension Fund. The Board of Police Commissioners and its successors in office shall constitute a Board of Trustees of said Fund. i Qualifications Requisite to Pensioners. Monthly Pension. Sec. 2. The Board of Police Commissioners may, by a unani¬ mous vote, retire and relieve from service any aged, infirm or dis¬ abled member of the Department who has arrived at the age of sixty-five years, and who, upon an examination by two regularly certificated practicing physicians appointed by the Commissioners for that purpose, may be ascertained to be by reason of such age, infirmity or other disability, unfit for the performance of his du¬ ties. Such retired member shall receive from the Police Relief and Pension Fund a months pension equal to one-half of the amount of the salary attached to the rank held by him three years prior to the date of his retirement. No such pension shall be paid unless such person has been an active member of the Department for twenty years continuously next preceding his retirement, and the same shall cease at his death. Physical Disabilities. Annual Pension. Sec. 3. Any member of the Department who shall become physically disabled by reason of any bodily injury received in the 122 Charter of the City and County of San Francisco performance of his duty, upon his filing with the Commissioners a verified petition setting forth the facts constituting such dis¬ ability and the cause thereof, accompanied by a certificate signed by the Chief of Police, the Captain of the Company to which he be¬ longs, and by two regularly certificated physicians of the City and County recommending his retirement upon a pension on account of such disability, may be retired from the Department upon an annual pension equal to one-half the amount of salary attached to the rank which he may have held three years prior to the date of such retirement, to be paid to him during his life and to cease at his death. In case his disability shall cease his pension shall cease, and he shall be restored to the service in the rank he occu¬ pied at the time of his retirement. Family of Member Killed in Service: Monthly Pen&ion to Widow, Children and Parents. Sec. 4. The Commissioners shall, out of the Police Eelief and Pension Fund, provide for the family of any officer, member or employe of the Department who may be killed while in the per¬ formance of his duty, as follows: First —Should the decedent be married, his widow shall as long as she may remain unmarried be paid a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his death. Second —Should the decedent leave no widow, but leave an orphan child or children under the age of sixteen years, such chil¬ dren shall collectively receive a pension equal to one-half the salary attached to the position held by their father at the time of his death, until the youngest attains the age of sixteen years. Third —Should the decedent leave no widow and no orphan child or children, but leave a parent or parents depending solely upon him for support, such parents, so depending, shall collec¬ tively receive a pension equal to one-half the salary attached to the position held by the decedent at the time of his death, during such time as the Commissioners may unanimously determine its necessity. , / jv.;] Forfeiture of Pensions. Sec. 5. Any person receiving a pension as aforesaid from the Police Eelief and Pension Fund, who shall be convicted of felony, shall become dissipated, an habitual drunkard, or shall become a non-resident of this State, shall forfeit all right to said pension. Death After Ten Years’ Service. Sec. 6. When any member of the Department shall, after ten years’ service, die from natural causes, then his widow, and if there be no widow, then his children, or if there be no widow or children, then his mother, if dependent upon him for support, shall be entitled to a sum equal to the amount retained by the Treasurer from the pay of such deceased member and paid into the Eelief and Pension Fund; but the provisions of this section Article VIII, Chapter X, Police Department 123 shall not apply to any member of the Department who shall have received any pension under the terms of this Chapter. Rules and Regulations. Sec. 7. The Commissioners shall make rules and regulations to carry out the provisions of this Chapter and to enforce com¬ pliance therewith on the part of the members of the Department. It shall make up an estimate every year of the amount required to pay all demands on the Police Relief and Pension Fund for the succeeding fiscal year, and certify the same to the Supervisors in connection with and as a part of the annual appropriation for the Police Department. Rewards for Heroic Conduct. Sec. 8 . The Commissioners may, on notice to the Chief of Police, reward any member of the Department for conduct which is heroic or meritorious. The form or the amount of such reward shall be discretionary with the Board; but it shall not exceed in any one instance one month’s salary. Meetings. Record of Proceedings. List of Pensioners. Sec 9. The Board of Police Pension Fund Commissioners shall hold quarterly meetings on the first Mondays of April, July, Octo¬ ber and January of each year, and upon the call of its President. It shall issue warrants, signed by its President and Secretary, to the persons entitled thereto, for the amount of money ordered paid to such persons from the Relief and Pension Fund. Each warrant shall state for what purpose the payment is made. The Board of Police Pension Fund Commissioners shall keep a public record of its proceedings. It shall at each quarterly meeting send to the Treasurer and to the Auditor a written or printed list of all persons entitled to payment from the Relief and Pension Fund, stating the amounts of such payments, and for what granted. Such list shall be certified and signed by the President and Secretary of the Board. The Auditor shall there¬ upon enter a copy of such list upon a book to be kept for that purpose which shall be known as The Police Relief and Pension Fund Book. All warrants signed by the President and Secretary of the Board shall be presented to the Auditor, and be audited and ordered paid by him out of said Fund. Powers of Board. Secretary. Sec. 10. The Board of Police Pension Fund Commissioners shall possess the powers vested in the Board of Police Commis¬ sioners to make rules and regulations for its guidance. It may appoint a Secretary, and provide for the payment from said Fund of all its necessary expenses, not exceeding fifty dollars for any one month, including the salary of the Secretary and printing. No compensation shall be paid to any member of the Board for any duty required or performed as Police Relief and Pension Fund Commissioner. 124 Charter of the City and County of San Francisco Sources of Revenue. Sec. 11. The Supervisors shall annually, when the tax levy is made, direct the payment into the aforesaid Fund of the following moneys : 1. Not less than five nor more than ten per centum of all moneys collected and received from licenses for the keeping of places where spirituous, malt or other intoxicating liquors are sold. 2. One-half of all moneys received from taxes or from licenses upon dogs. 3. All moneys received from fines imposed upon members of the Police Department for violation of law or the rules or regula¬ tions thereof. 4. All proceeds of sales of unclaimed property. 5. Not less than one-fourth nor more than one-half of all moneys received from licenses from pawnbrokers, billiard hall keepers, dealers in second-hand merchandise, and from junk stores. 6. All moneys received from fines for carrying concealed weapons. 7. Twenty-five per centum of all fines collected in money for violation of any ordinance. 8. All rewards to members of the Police Department, except such as shall be excepted by the Commissioners. 9. The Treasurer shall retain from the pay of each member of the Police Force two dollars a month, which shall be forthwith paid into the Police Relief and Pension Fund. No other or fur¬ ther retention or reduction shall be made from such pay for any other fund or purpose unless the same is herein authorized. Policemen on Special Detail. Sec. 12. When a request is made for regular policemen to be detailed at any place of amusement or entertainment, ball, party or picnic, the party or person making "such request shall first de¬ posit two dollars and fifty cents for each man so detailed with the Property Clerk of the Department, who shall give him a re¬ ceipt for the same, and such sum shall be at once paid into the treasury to the credit of the Police Relief and Pension Fund. Auditor’s Report on Pension Fund. Surplus. Sec. 13. On the last day of June of each year, or as soon there¬ after as practicable, the Auditor shall make a report to the Super¬ visors of all moneys paid out of such Fund during the previous year, and of the amount then, to the credit of such Fund. The surplus then remaining in such Fund exceeding the average an¬ nual amount paid out of such Fund during the three years next preceding shall be transferred to and become a part of the Sur¬ plus Fund, and shall be no longer under the control of the Board, or subject to its order. Payments provided for in this Chapter Article IX, Chapter I, Fire Department 125 shall be made quarterly upon proper vouchers. When in any one year a deficiency shall exist in such Fund, such deficiency shall be provided for and made good by the Supervisors in their next ensuing tax levy. ARTICLE IX. ; FIRE DEPARTMENT. CHAPTER I. ORGANIZATION AND POWERS. Board of Four Commissioners. Appointed by Mayor. Salary. Section 1. The Fire Department shall be under the manage¬ ment of a Board of Fire Commissioners, consisting of four mem¬ bers, who shall be appointed by the Mayor, and each of whom shall receive an annual salary of twelve hundred dollars. No person shall be appointed a Fire Commissioner who shall not have been an elector of the City and County for at least five years next preceding his appointment. Political Affiliations. Term. Sec. 2. The Board shall never be so constituted as to consist of more than two members of the same political party. The term of office of the Commissioners shall be four years. Those first appointed shall so classify themselves by lot that they shall re¬ spectively go out of office at the expiration of one, two, three and four years. Successors in Office. Sec. 3. The Commissioners shall be successors in office of the Fire Commissioners holding office in the City and County at the time this Charter shall go into effect by virtue of appointment under any statute or law of this State. Organization. President. Secretary. Salary. Meetings. Sec. 4. The' Commissioners shall organize by electing one of their number President, who shall hold office for one year. The Board may appoint a Secretary who shall perform such duties as the Board may prescribe. He shall receive an annual salary of twenty-four hundred dollars. The Board shall meet at least once a week, and as often as the business of the Department may re¬ quire, and all its meetings shall be public. Powers of Board. Sec. 5. The Board shall organize the Department, create and establish such fire companies as it may deem necessary, prescribe the number and duties of the officers, members and employes of the Department, and the uniforms and badges to be worn by them : have control of all the property and equipments of the Department, and exercise fuli power and authority over all ap¬ propriations made for the use of the Department. 126 Charter of the City and County of San Francisco Qualifications of Firemen. Sec. 6. All persons appointed to positions in the Department must be citizens of the United States, not less than twenty-one nor more than thirty-five years of age, of good character for hon¬ esty and sobriety, able to read and write the English language, residents of the City and County at least five years next preceding the date of their appointment, must pass a medical examination under such rules and regulations as may be prescribed by the Commissioners, and upon such examination be found in sound bodily health. Trial Before Dismissal. Sf.c. 7. No officer, member or employe of the Department shall be appointed, transferred or removed because of his political opinions, nor shall he be transferred or dismissed except for cause, nor until after a trial before the Commissioners. Powers and Duties of Commissioners. Sec. 8. The Commissioners shall see that the officers, mem¬ bers and employes of the Department faithfully discharge their duties, and that the laws, ordinances and regulations pertaining to the Department are carried into effect. The Board shall make such rules and regulations as may be necessary to secure dis¬ cipline and efficiency in the Department, and for any violation of such rules and regulations may impose reasonable fines upon the officers, members and employes of the Department, or may suspend any of them for such reasonable time as the Board may by rule prescribe. Such fines shall be deducted from the monthly warrants of the officers, members and employes upon whom they are imposed, and shall be transferred by the Treasurer to the Firemen’s Relief and Pension Fund. Duties of Clerk and Commissary. Sec. 9. The Clerk and Commissary of the Fire Department Cor¬ poration Yards shall not deliver any supplies or stores of the Fire Department except upon an order signed by the Chief Engineer and the Secretary of the Commissioners; but during a conflagra¬ tion, such material or apparatus as may be required for the pur¬ pose of extinguishing such conflagration may be withdrawn from said Corporation Yards by order of the Chief Engineer, or by any officer in charge of the force of the Department at such conflagra¬ tion. i No Other Employment. Sec. 10. No member or employe of the Fire Department shall be engaged in any other employment. CHAPTER II. DUTIES OF THE COMMISSIONERS. Reorganisation of the Department. Section 1 . The Board of Fire Commissioners shall immediately after their appointment and qualification proceed to reorganize Article IX r Chapter III, Fire Department 127 the Fire Department in conformity with the provisions of this Charter. In so doing the Board shall make its appointments of officers and members from the persons constituting the force in the service of the Fire Department at the time this Charter goes into effect. Such officers and members shall not be required to pass any Civil Service examination. All future appointments and pro¬ motions shall be made subject to the provisions of Article XIII of this Charter. If any reduction is made in the force of the Department, the Commissioners may temporarily discharge those persons whose discharge shall be most conducive to the efficient reorganization of the Department; but in case of a subsequent increase of the force, those temporarily discharged shall be reap¬ pointed without Civil Service examination and assigned to the same rank in which they were at the time of their discharge. Fair Public Trial Before Dismissal. Sec. 2. No officer, member or employe of the Department shall be dismissed or transferred except for cause nor until after a trial. The accused shall be furnished with a written copy of the charges against him at least three days previous to the day of trial. He shall have the right to appear in person and by counsel and examine witnesses in his behalf. All witnesses shall be examined under oath, and all trials shall be public. Salary During Disability. Sec. 3. When any officer, member or employe of the Depart¬ ment shall become temporarily disabled by reason of injuries re¬ ceived while in the actual performance of his duty therein so as to incapacitate him from performing his duty, the Commissioners shall allow his salary during the continuance of such temporary disability. Performance of Contracts. Sec 1 . 4. The Commissioners shall see that all contracts awarded and work done for the Department are faithfully performed, and shall, upon the awarding of any such contract, exact an adequate bond for the prompt and faithful performance of the same. The provisions of Article II, Chapter III, of this Charter in re¬ gard to the advertising for proposals, the affidavit and security accompamung the same, the presentation and opening of pro¬ posals, the awarding of contracts and the security for the per¬ formance thereof, shall, so far as the same can be made applicable, apply to all proposals and contracts made, awarded or entered into for furnishing supplies to the Fire Department. Any con¬ tract made in violation of any of the provisions of this Chapter shall be void. CHAPTER III. THE CHIEF ENGINEER. Duties of Chief Engineer and Assistants. Section 1 . The Board of Fire Commissioners shall appoint a Chief Engineer, who shall be charged with the special duty of 128 Charter op the City and County of San Francisco superintending the extinguishment of fires. The Chief Engineer shall be the chief executive officer of the Fire Department, and it shall be his duty and that of the Assistant Chief Engineers and of the Battalion Chiefs to see that all laws, orders, rules and regu¬ lations in force in the City and County, or made by the Commis¬ sioners concerning the Fire Department, are enforced. Powers and Duties of Chief Engineer. Sec. 2. The Chief Engineer may suspend any subordinate officer, member, or employe of the Department for incompetency, or for any violation of the rules and regulations of the Fire De¬ partment, and shall forthwith report in writing such suspension, with his reasons therefor, to the Commissioners for their action. He shall diligently observe the condition of the apparatus and workings of the Department and report in writing thereon at least once a month to the Board and make such recommendations and suggestions respecting the same as he may deem proper. In the absence or inability of the Chief Engineer, an Assistant Chief Engineer shall perform his duties. Destruction of Buildings. Sec. 3. The Chief Engineer, or, in his absence, the Assistant Chief Engineers, or, in their absence, any Battalion Chief in charge may, during a conflagration, cause to be cut down or otherwise removed any buildings or structures for the purpose of checking the progress of such conflagration. Chiefs’ Operators. Sec. 4. The Chief Engineer may detail for duty as Chiefs’ Operators such members of the Department as he may select, not to exceed one such Operator for each Chief, Assistant Chief and Battalion Chief. The members so detailed shall be known and ranked as Chiefs’ Operators. Each of said Chiefs’ Operators shall receive an annual salary of fifteen hundred dollars. They may be removed from such detail at any time, by the Chief Engineer. —Section added by amendment November 5, 1907, approved by the Legislature November 22, 1907 (Statutes Special Session, 1907, page 22). CHAPTER IV. TIRE COMPANIES. Fire Companies, of Whom Composed. Section 1. Each Steam Fire Engine Company shall be com- pc sed of not more than one Captain, one Lieutenant, One Engineer, one Driver, one Stoker and Six Hosemen. Each Hook and Ladder Company shall be composed of not more than one Captain, one Lieutenant, one Driver, one Tiller- man and eight Truckmen. Each Chemical Engine Company shall be composed of not more than one Captain, one Lieutenant, one Driver and one Hoseman. Each Water Tower Company shall be composed of not more Article IX, Chapter V, Fire Department 120 than one Captain, one Lieutenant, one Driver, and one Hoseman. Each Fire Boat Company shall be composed of not more than one Captain, one Lieutenant, two Pilots, two Engineers, three Firemen and twelve Ilosemen.— As amended November 5, 1907, approved by the Legislature November 22, 1907 ( Statutes Special Session, 1907, page 22). CHAPTER V. FIRE MARSHAL. Marshal and Assistant. Section 1. The Board of Fire Commissioners* on the written recommendation of the Board of Directors of the corporation known as the Underwriters’ Fire Patrol of San Francisco, may appoint such persons as may be recommended by said Board of Directors as Fire Marshal and Assistant Fire Marshal. Vacancies occurring in the office of Fire Marshal or Assistant Fire Marshal shall be filled in the same manner. The salaries of said Fire Mar¬ shal and of his assistant and deputies shall be fixed and paid by said Board of Directors of said Underwriters’ Fire Patrol of San Francisco, and in no event shall the City and County be liable therefor or for any part thereof. Duties. Sec. 2. The Fire Marshal or, in case of his disability, the As¬ sistant Fire Marshal shall attend all fires which may occur in the City and County, and he shall take charge of and protect all property'which may be imperiled thereby. Powers. Sec. 3. The Fire Marshal may call upon policemen during the time of any fire for the purpose of protecting property until the arrival of the owner or claimant thereof, and in case the owner or claimant of such property does not take charge of the same within twenty-four hours the Fire Marshal may have such prop¬ erty stored at the owner’s or claimant’s expense. Powers and Duties of Fire Marshal. Sec. 4. The Fire Marshal shall be charged with the enforce¬ ment of all laws and ordinances relating to the storage, sale and use of oils, combustible materials and explosives, together with the investigation of the cause of all fires. In all cases where there is reason to believe that fires are the result of crime or that crime has been committed in connection therewith, the Fire Marshal must report the same in writing to the District Attorney. The Fire Marshal shall also have the care of, and may sell, subject to the orders of the Board of Fire Commissioners, all property saved from fire for which no owner can be found, and at once pay the amount realized from any such sale into the treasury. He shall exercise the functions of a police officer. Deputies Sec. 5. The Fire Marshal shall have power to appoint deputies 130 Charter of the City and County of San Francisco for inspecting buildings, but such deputies shall receive no com¬ pensation for their services from the City and County. CHAPTER VI. FIRE WARDENS. Wardens. Safety of Buildings. Section 1. The Chief Engineer, Assistant Chief Engineers, Battalion Chiefs and the Fire Marshal shall constitute a Board of Fire Wardens, with power to inspect and report to the Board of Public Works as to the safety of buildings and other structures within the City and County. CHAPTER VII. FIREMEN’S RELIEF FUND. Relief Fund. Board of Trustees. Section 1. In order to continue in force and make effectual pensions already existing in favor of firemen, a fund is hereby created to be known and designated as the Firemen’s Relief Fund. The Board of Fire Commissioners of the City and County and its successors in office shall constitute a Board of Trustees of said Fund. The Board shall be known as the Board of Fire Pension Fund Commissioners. Tax for Relief Fund. Sec. 2. There shall be annually levied, collected and appor¬ tioned to the Firemen’s Relief Fund a tax sufficient to meet and pay all demands upon said Fund, for the purposes set out in this Chapter. Retirement. Pensions. Sec. 3. The Commissioners shall, upon the application, duly verified, of any officer or member of the Fire Department who shall have served as an active member of the Fire Department for twenty-five years continuously next preceding the date of said application, or, of any officer or member of the Fire Department who shall have reached the age of fifty-five years, and shall have served as an active member of the Fire Department for twenty years continuously next preceding the date of said application, retire and relieve from service such officer or member; provided, also , that the Commissioners may, by a unanimous vote, retire and relieve from service any aged, disabled or infirm officer or mem¬ ber of the Fire Department who has arrived at the age of sixty years, and has served as an active member of the Department for twenty years continuously next preceding such age, and who upon examination by two regularly certificated practicing physi¬ cians, appointed by the Commissioners for that purpose, may be ascertained to be by reason of such age, infirmity, or other dis¬ ability, unfit for the performance of his duties. Such retired Article IX, Chapter VII, Fire Department 131 officer or member shall receive from the Firemen’s Relief Fund a monthly pension equal to one-half the amount of the salary at¬ tached to the rank held by him for three years prior to the date of his retirement, and the same shall cease at his death.— As amended November 5, 1907, approved by the Legislature Novem¬ ber 22, 1907 ( Statutes Special Session, 1907, page 21). Physical Disabilities. Annual Pension. Sec. 4. Any member of the Fire Department who shall be¬ come physically disabled by reason of any bodily injury received in the performance of his duty, upon his filing with the Commis¬ sioners a verified petition setting forth the facts constituting such disability and the cause thereof, accompanied by a certificate signed by the Chief of the Fire Department, the Captain of the Company to which he belongs, and by two regularly certificated physicians of the City and County, recommending his retirement upon a pension on account of such disability, may be retired from the Department upon an animal pension equal to one-half the amount of salary attached to the rank which he may have held three years prior to the date of such retirement, to be paid to him during his life and to cease at his death. In case his dis¬ ability %hall cease his pension shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement. Family of Member Killed. Pension to Widow, Children and Parents. Sec. 5. The Commissioners shall, out of the Firemen’s Relief Fund, provide as follows for the family of any officer, member, or employe of the Fire Department who may be killed while in the performance of his duty: First —Should the decedent be married, his widow shall as long as she may remain unmarried be paid a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his death. Second —Should the decedent leave no widow, but leave an orphan child or children under the age of sixteen years, such chil¬ dren shall collectively receive a pension equal to one-half the salary attached to the position held by their father at the time of his death, until the youngest attains the age of sixteen years. Third —Should the decedent leave no widow and no orphan child or children, but leave a parent or parents depending solely upon him for support, such parents, so depending, shall collec¬ tively receive a pension equal to one-half the salary attached to the position held by the decedent at the time of his death during such time as the Commissioners may unanimously determine its necessity. Forfeiture of Pensions. Sec 6. Any person receiving a pension from the Firemen’s Relief Fund, who shall be convicted of felony, or who shall be¬ come dissipated, an habitual drunkard, or who shall become a non-resident of this State, shall forfeit all right to said pension. 182 Charter of the City and County of San Frangisc# Rules and Regulations. Sec. 7. The Commissioners shall make rules and regulations to carry out the provisions of this Chapter and to enforce com¬ pliance therewith on the part of the members of the Department. It shall make up an estimate every year of the amount required to pay all demands on the Firemen’s Relief Fund for the succeed¬ ing fiscal year, and certify the same to the Supervisors in connec¬ tion with and as a part of the annual appropriation for the Fire Department. Meetings. Record of Proceedings. List of Pensioners. Sec. 8. The Board of Fire Pension Fund Commissioners shall hold quarterly meetings on the first Mondays of April, July, Octo¬ ber, and January of each year, and upon the call of its President. It shall issue warrants, signed by its President and Secretary, to the persons entitled thereto, for the amount of money ordered paid to such persons from the Firemen’s Relief Fund. Each war¬ rant shall state for what purpose the payment is made. The Board of Fire Pension Fund Commissioners shall keep a public record of its proceedings. It shall at each quarterly meet¬ ing send to the Treasurer and to the Auditor a written or printed list of all persons entitled to payment from the Relief Fund, stat¬ ing the amounts of such payments and for what granted. Such list shall be certified and signed by the President and Secretary of the Board. The Auditor shall thereupon enter a copy of such list upon a book to be kept for that purpose which shall be known as the Firemen’s Relief Fund Book. All warrants signed by the President and Secretary of the Board shall be presented to the Auditor, and be audited and ordered paid by him out of said Fund. Powers of Board. Secretary. Sec. 9. The Board of Fire Pension Fund Commissioners shall possess the powers vested in the Board of Fire Commissioners to make rules and regulations for its guidance. It may appoint a Secretary and provide for the payment from said Fund of all its necessa^ expenses, not exceeding fifty dollars for any one month, including the salary of the Secretary and printing; but no com¬ pensation shall be paid to any member of the Board for any duty required or performed as Fire Pension Fund Commissioner. CHAPTER VIII. SALARIES AND VACATIONS. Fire Department. Salaries. Section 1. The officers and members of the Fire Department shall receive annual salaries as follows: Chief Engineer, five thousand dollars; First Assistant Chief Engineer, thirty-six hun¬ dred dollars; Second Assistant Chief Engineer, three thousand dollars; Battalion Chiefs, each, twenty-seven hundred dollars; Article IX, Chapter IX, Fire Department 133 Superintendent of Engines, twenty-seven hundred dollars; the Clerk and Commissary of the Corporation Yards, eighteen hun¬ dred dollars; Captains, each, eighteen hundred and sixty dollars; Lieutenants, each, seventeen hundred and ten dollars; Engineers, each, sixteen hundred and eighty dollars; Drivers, Stokers, Til- lermen. Truckmen and Hosemen. for the first year of service, each, twelve hundred dollars; for the second year of service, each, thirteen hundred and twenty dollars; and for the third year of service, and thereafter, each, fourteen hundred and forty dollars; Hvdrantmen, each, twelve hundred dollars; Superintendent of Horses, eighteen hundred and sixty dollars; Draymen, each, twelve hundred dollars; Watchmen, each, twelve hundred dollars; Hostlers, each, twelve hundred dollars; Pilots of Fire Boats, each, twenty-one hundred dollars; Engineer of Fire Boats, each, twenty- one hundred dollars; Firemen of Fire Boats, each, twelve hundred dollars. Vacations. Sec. 2. Each officer and member of the Fire Department shall be allowed, during each year of his service, a vacation of not less than fifteen days’ duration, and also leaves of absence of not less than twenty-four hours’ duration, not less times than once in each week. Said vacations and leaves of absence to be without loss of pay.— Chapter amended November 5, 1907, approved by the Legis¬ lature November 22, 1907 (Statutes Special Session, 1907, page 20 ). , CHAPTER IX. DEPARTMENT OF ELECTRICITY. How Constituted. Section 1. There is hereby created a Department of Electri¬ city, wdiich shall have charge of the construction and mainten¬ ance of the Fire Alarm and Police Telegraph and Telephone Sys¬ tems, and shall be under the control of a joint Commission com¬ posed of the Board of Fire Commissioners and the Board of Police Commissioners. Chief Electrician. Salary. Sec. 2. There shall be appointed by the Board of Fire Com¬ missioners and Board of Police Commissioners, acting in joint session, a practical and skilled Electrician, and who shall have general supervision of the Department of Electricity. He shall receive a salary of three thousand dollars per annum. Employes, Department of Electricityc i ' Sec. 3. The Joint Commission may appoint such assistants and other employes as may be necessary to efficiently maintain, ex¬ tend and repair the Department of Electricity at all times. All appointments shall be made subject to the provisions of Article XIII hereof. The number and compensation of all such assist¬ ants and other employes of the Department of Electricity shall be 134 Charter of the City and County of San Francisco fixed annually by the Supervisors, but no compensation to any of such persons shall be greater than is paid in similar employments. Any person who, under a classification of positions by the Civil Service Commission, has been appointed in conformity with Ar¬ ticle XITI of this Charter and who has served the probation period required by said Article is hereby declared appointed within the provisions of the Article XIII to said position so classified.— As amended November 5, 1907, approved by the Legislature Novem¬ ber 23, 1907 ( Statutes Special Session, 1907, page 59). Jurisdiction. Sec. 4. The Fire Department and the Police Department shall each have sole control over its own systems and wires. Citizens May Connect With System. Sec. 5. Any citizen, firm or corporation may, for the purpose of police and fire protection, be connected with the Police or Fire Signal System, or Telephone or Telegraph System, upon making fair payment for the connection and use of the same. Such rates of payment shall be fixed by ordinance of the Supervisors; but no connection shall be made so as to interfere with the use of the main line. Supervise Electrical Wires and Appliances. Sec. 6. The Department of Electricity is also charged with the duty of enforcing all the rules, regulations, orders and require¬ ments made by ordinance of the Supervisors in regard to the in¬ spection and supervision of electrical wires and appliances, and the currents for furnishing light, heat or power in and upon streets and buildings in the City and County. ARTICLE X. DEPARTMENT OF PUBLIC HEALTH. How Constituted. Section 1. There shall be a Department of Public Health un¬ der the management of a Board of Health. The Board shall con¬ sist of seven members, all of whom shall be appointed by the Mayor, and three only of whom shall be physicians. Said physi¬ cians shall be regularly certificated physicians of the City and County at the time of their appointment, and must have been such for at least five years next preceding their appointment. The members of the Board shall serve without compensation. They shall elect one of their members President, and shall adopt such rules and regulations as may be necessary for the government of the Board.— As amended November 5, 1907, approved by the Leg¬ islature November 23, 1907 ( Statutes Special Session, 1907, page Article X, Department of Public Health 135 Terms of Office of Health Board. Sec. 2. The appointed members of the Board, excepting those first appointed, shall hold office for seven years. Those first ap¬ pointed under this Charter shall so classify themselves by lot that one of them shall go out of office at the end of one year; one at the end of two years; one at the end of three years; one at the end of four years; one at the end of five years; one at the end of six years; and one at the end of seven years. Within thirty days after the ratification of this amendment by the Legislature of the State of California, the offices of the then incumbent members of the Board of Health shall become vacant, and the Mayor shall thereupon proceed to appoint a Board of Health pursuant to the provisions of the preceding section.— As amended November 5, 1907, approved by the Legislature Novem¬ ber 23, 1907 (Statutes Special Session, 1907, page 59). Powers and Duties of Board. Sec. 3. The Board shall have the management and control of the City and County Hospitals, Almshouses, Ambulance Service, Municipal Hospitals, Receiving Hospitals, and of all matters per¬ taining to the preservation, promotion and protection of the lives and health of the inhabitants of the City and County; and it may determine the nature and character of nuisances and provide for their abatement. It shall have the sanitary supervision of the municipal 1 insti¬ tutions of the City and County, including jails, schoolhouses and all public buildings; of the disposition of the dead; of the dis¬ position of garbage, offal and other offensive substances. Except as provided in Article II, Chapter III, of this Charter, it shall have exclusive control and disposition of all expenditures necessary in the institutions under its immediate control. Enforce Ordinances of Supervisors Sec. 4. The Board shall enforce all ordinances, rules and regu¬ lations which may be adopted by the Supervisors for the carry¬ ing out and enforcement of a good sanitary condition in the City and County; for the protection of the public health; for deter¬ mining the nature and character of nuisances and for their abate¬ ment ; and for securing the proper registration of births, deaths and other statistical information. It shall from time to time sub¬ mit to the Supervisors a draft of such ordinances, rules and regu¬ lations as it may deem necessary to promote the objects mentioned in this section. Appointees. Salaries. Duties. Sec. 5. The Board may appoint such officers, agents and em¬ ployes as may be necessary for the proper and efficient carrying out and enforcement of the purposes and duties of the Board, and may fix their salaries and prescribe their duties. All appoint¬ ments in the Department shall be made under the provisions of 136 Charter of the City and County of San Francisco Article XIII of this Charter, and no person so appointed by the Board shall be removed without cause. City Hospital Physician. Sec. 6. The Board may appoint a Resident Physician of the City and County Hospital, who must be a regularly certified physician and who must have been a resident of the City and County for at least five years next preceding his appointment. He shall devote his time exclusively to the duties of his office. Physicians and Surgeons for City Hospital. Sec. 7. The Board shall appoint for the City and County Hos¬ pital at least, two visiting physicians and at least two visiting sur¬ geons, who shall receive no compensation for their services, but who shall have the privilege of teaching students in their hos¬ pital wards. Any student who is actively engaged in the study of medicine shall have the benefit of clinical instruction in any of the hospital wards. Inebriates. Sec. 8. The Board may set aside one ward in the City and County Hospital for the treatment of confirmed inebriates. Internes to City Hospital. Hew Appointed and Controlled. Sec. 9. The Board may appoint such undergraduates and other internes to the City and County Hospital as it may deem neces¬ sary. They shall be appointed after a competitive examination by the Board in any or all branches of medicine and surgery, and shall receive board and lodging free for their services. They shall be under the control and direction of the Resident Physi¬ cian, who may remove any of them for neglect of duty, or for other good and sufficient cause, subject to an appeal to, and final decision by, said Board. Salaries. Sec. 10. The Board shall fix. annually the salaries of all officers and employes of the Board. Such compensation shall not exceed salaries paid for similar services in private institutions of like character. Limit to Number of Employes. Sec. 11. The ratio of employes to inmates of any institution under the care of the Board shall not exceed that maintained by private institutions of like character. Article XI, Chapter I, Department of Elections 137 ARTICLE XI. DEPARTMENT OF ELECTIONS. CHAPTER I. BOARD OF ELECTION COMMISSIONERS. Commissioners. Appointed by Mayor. Term. Salary. Qualifications. Section 1. The conduct, management and control of the regis¬ tration of voters, and of the holding of elections, and of all matters pertaining to elections in the City and County, shall be vested exclusively in and exercised by a Board of Elec¬ tion Commissioners, consisting of five members, who shall be appointed by the Mayor, and shall hold office for four years. Each of the Commissioners shall receive an annual salary of one thousand dollars. Each member of the Board must be an elector of the City and County at the time of his appointment and must have been such for five years next preceding such time. Those first appointed must, immediately after their appointment, so classify themselves by lot, that one shall go out of office at the end of one year, one at the end of two years, one at the end of three years, and two at the end of four years. The Mayor shall not make any appointment upon the Board at any time before thirty days prior to the time when such appointee is to take office. Two of the five members first appointed shall be chosen from each of the two political parties casting in the City and County the highest vote for Governor or electors of President and Vice-President, as the case may be, at the last pre¬ ceding general election. The fifth member shall be chosen from the political party casting the third highest such vote at such election, if there be such third party, and if not, then at the discretion of the Mayor. Upon the expiration of the term of office of any Com¬ missioner, the appointee must be chosen from the same political party as the retiring Commissioner, consistently with the fore¬ going provisions as to equal representation at all times of the two political parties casting the highest vote at the general elec¬ tion last preceding the appointment in question as prescribed in this section. Not to Take Part in Politics. Sec. 2. No member of the Board, nor Registrar, nor Deputy Registrar, shall, during his term of office, be a member of any convention the purpose of which is to nominate candidates for office: nor be eligible to any other municipal office during the term for which he shall have been appointed, or for one year thereafter; nor act as officer oP any election or primary election; nor take part in any election except to vote and when acting as Election Commissioner, at which time he shall perform only such official duties as may be required of him by law and by this Char¬ ter. 138 Charter of the City and County of San Francisco President. Registrar of Voters. Salary. Term. Secretary. Duties. Sec. 3. The Commissioners shall organize within ten days after their appointment by choosing one of their number President. In case of failure to agree, he shall be selected by lot. He shall hold office for one year and until bis successor is chosen. The Board shall appoint a Registrar of Voters, who shall receive an annual salary of twenty-four hundred dollars. The Registrar shall be the Secretary of the Board, and shall keep a record of its pro¬ ceedings, and shall execute all orders and enforce all rules and regulations adopted by the Board. The term of office of Regis¬ trar shall be four years. Clerks. Salaries. Sec. 4. The Board may appoint such other clerical assistants as may be necessary at a salary not to exceed one hundred dollars a month each for the time actually employed. The Board shall, by resolution adopted by a majority vote of all its members and entered upon its minutes, designate the service to be rendered by such assistants and the time for which they shall be employed. The time of employment of such assistants shall not be extended except by like resolution of the Board, and when a salary shall have been once fixed it shall not be increased. This section is subject to the provisions of Article XIII of this Charter. General Laws Applicable. Precinct Registration. Sec. 5. All provisions of the general laws of this State respect¬ ing elections shall be applicable to all elections held in the City and County of San Francisco. All provisions of the general laws of this State respecting the registration of voters shall be appli¬ cable to such registration in the City and County. The Board of Election Commissioners must provide for precinct registration so far as it can do so under the Constitution and laws of the State. CHAPTER II. MUNICIPAL ELECTIONS. When Held. Officers to Be Elected. Terms. Section 1. There shall be held in the City and County of San Francisco on the first Tuesday after the first Monday of Novem¬ ber in the year one thousand eight hundred and ninety-nine, and in every second year thereafter, an election to be known as the municipal election. At said elections there shall be elected by the electors of the City and County the following officers: the Mayor, eighteen Su¬ pervisors, an Auditor, Treasurer, Assessor, Tax Collector, Re¬ corder, City Attorney, District Attorney, Public Administrator, County Clerk, Sheriff, Coroner, and four Police Judges. Each of the above officers shall be elected for two years, except the Police Judges and the Assessor, each of whom shall be elected for four years, The Superintendent of Public Schools shall be elected for Article XII, Acquisition of Public Utilities 139 four years, and the Justices of the Peace for two years, at the same time that members of the Legislature are elected. Term of Officers Elected in 1898. Sec. 2. All of the officers of the City and County of San Fran¬ cisco who shall be elected in the year one thousand eight hundred and ninety-eight, under existing laws, except the Superintendent of Public Schools and the Justices of the Peace, shall hold office only until the hour of noon on the first Monday after the first day of January in the year nineteen hundred. When Take Office. Sec. 3. The officers first elected as aforesaid under this Charter shall take office at noon on the first Monday after the first day of January following. Mayor’s Proclamation. Sec. 4. The Mayor shall issue his proclamation and publish the same in the official newspaper for at least twenty days previous to the day in each year on which the municipal election is to be held under this Charter, calling upon the electors of the City and County to meet for the purpose of electing such officers as are provided for in this Charter, reciting in such proclamation the different officers to be elected at such election. ARTICLE XII. ACQUISITION OF PUBLIC UTILITIES. Intention of the People. It is hereby declared to be the purpose and intention of the peo¬ ple of the City and County that its public utilities shall be grad¬ ually acquired and ultimately owned by the City and County. To this end it is hereby ordained: Plans and Estimates of Cost of Construction. Cost of Water Works. Sources of Supply. Supervisors to Negotiate for Acquisition. Section 1. Whenever the Board of Supervisors by ordinance, as hereinafter provided, shall determine that the public interest or necessity demands the acquisition, construction or completion of any public utility or utilities by the City and County, or when¬ ever the electors shall petition the Board of Supervisors, as pro¬ vided in Section 3 of this Article, for the acquisition of any public utility or utilities, the Board of Supervisors must procure from the Board of Public Works, through the City Engineer, plans and es¬ timates of the cost of original construction and completion, b} r the City and County, of such public utility or utilities. In securing estimates of the cost of original construction and completion of water works, by the City and County, the Board of Supervisors must procure, as hereinabove specified, and place on file plans and estimates of the cost of obtaining from such sources 140 Charter of the City and County of San Francisco as the Board of Supervisors may designate as available, a sufficient supply of good, pure water for the City and County.— As amended December 4, 1902, approved by the Legislature February 5, 1903 (.Statutes 1903, page 591). Offers for the Sale of Utilities. Sec. 2. Before submitting propositions to the electors for the acquisition by original construction or condemnation of public utilities, the Board of Supervisors must solicit and consider offers for the sale to the City and County of existing utilities, in order that the electors may have the benefit of acquiring the same at the lowest possible cost thereof.— As amended December 4, 1902, ap¬ proved by the Legislature February 5, 1903 ( Statutes 1903, page 591). Petition of Electors. Duty of Supervisors. Duty of Clerk. Mayor May Also Submit Proposition. Two Alternative Propositions. Supervisors May Proceed at Once. Power of Supervisors. Sec. 3. Whenever a petition or petitions, each signed by elec¬ tors of the City and County equal in number to fifteen per centum of all the votes cast in the City and County at the last preceding general election, shall be presented to the Board of Supervisors, setting forth that the signers of such petition or petitions favor the acquisition of the public utility or utilities therein named, it shall be the duty of the Clerk of the Board of Supervisors to im¬ mediately proceed to examine and verify the signatures to such petition or petitions, and to certify the result of such examina¬ tion to the Board of Supervisors. If the required number of sig¬ natures be found to be genuine, the Clerk shall transmit to the Mayor an authentic copy of such petition or petitions, without the signatures thereto. Upon receiving a certificate of the Clerk that the petition or petitions contain the required number of genuine signatures, it shall be the duty of the Board of Supervisors to procure, in the manner specified in Section 1 of this Article, plans and estimates of the cost of original construction and completion of each public utility named in such petition or petitions. Thereafter, the Board of Supervisors shall formulate for sub¬ mission to the electors of the City and County at a special elec¬ tion called for the purpose, a separate proposition for the acquisi¬ tion of each public utility named in such petition or petitions. The Mayor shall also have the right to formulate and submit to the electors, at such special election, a proposition for the ac¬ quisition of each public utility named in such petition or petitions, separate from the proposition therefor formulated by the Board of Supervisors. All propositions formulated under the provision of this Section shall be completed within six months after the filing of such peti¬ tion or petitions. Article XII, Acquisition of Public Utilities 141 Nothing in this Section shall be so construed as to prohibit the Board of Supervisors from responding to the aforesaid petition or petitions of the electors requesting the acquisition of any pub¬ lic utility or utilities by proceeding at once, without the submis¬ sion of propositions to the electors as aforesaid, to pass an Ordi¬ nance declaring its determination, as provided in Section 5 of this Article, to acquire the same and from proceeding thereafter to secure the acquisition thereof, as hereinafter provided.— As amended December 4, 1902, approved by the Legislature Feb¬ ruary 5, 1903 (Statutes 1903, page 591). Supervisors to Call Special Election When and for What Purpose. Acquisi¬ tion through Annual Revenues. Majority of Electors to Decide. Acqui¬ sition Through Bond Issues. Board to Undertake Proceedings When. Two-thirds Vote of Electors to Decide. Sec. 4. At the next regular meeting after the completion of the proposition or propositions for the acquisition of the public utility or utilities named in such petition or petitions, the Board of Su¬ pervisors by Ordinance, as hereinafter in Section 6 provided, shall call a special election at which the propositions of the Board of Supervisors and of the Mayor, if he formulate any, shall be sub¬ mitted to the electors of the City and County. When the cost of any public utility or utilities named in such petition or petitions can be paid out of the annual revenues of the City and County in addition to the other necessary expenses thereof, each proposition therefor, submitted to the electors, shall specify the cost of the utility therein proposed for acquisition by the City and County, the proposed method and manner of pay¬ ment thereof, and the Board of Supervisors shall submit therein to the electors the question whether the same shall be acquired upon such terms. A majority of the electors voting at such special election shall be necessary to accept such proposition. At as early a date after the determination of the result of such special election as the Board of Supervisors shall deem for the best interests of the City and County, it shall undertake pro¬ ceedings and enter into such negotiations and contracts as may be necessary for the acquisition of any public utility or utilities named in any propositon or propositions accepted by a majority of the electors voting at such special election. If, however, the cost of any public utility or utilities, named in any petition or petitions of the electors, shall so far exceed the annual revenues of the City and County, in addition to the other necessary expenses thereof, as to render it necessary to incur a municipal bonded indebtedness therefor, each proposition for the acquisition of such public utility or utilities shall specify the amount of the bonded indebtedness necessary therefor and the rate of interest thereon, and the Board of Supervisors shall sub¬ mit to the electors, at such special election, the question whether such bonded indebtedness shall be incurred. At least two-third« 142 Charter of the City and County of San Francisco of the electors voting at such special election shall be necessary to secure the acquisition of such public utility or utilities and to warrant the issuance of municipal bonds therefor. —As amended December 4, 1902, approved by the Legislature February 5, 1903 (Statutes 1903, page 592). Ordinance of Intention to Be Published Two Weeks. Duty of Board When Cost Can Be Paid Out of Annual Revenues. Incurring of Municipal Bonded Indebtedness. Sec. 5. Whenever the Board of Supervisors shall determine that the public interest or necessity demands the acquisition, con¬ struction or completion of any public utility or utilities, it shall specifically declare such determination by an Ordinance, which shall also direct the Board of Public Works to procure and file plans and estimates of the cost of original construction and com¬ pletion of such public utility or utilities. Such Ordinance shall be published for at least two weeks in the official newspaper. When the cost of such public utilities, or any of them, can be paid out of the annual revenues of the City and County in addi¬ tion to the other necessary expenses thereof, the Board of Super¬ visors shall, as soon after the filing of the plans and estimates of cost thereof as it may deem for the best interests of the City and County, enter into such negotiations and contracts as may be necessary for the acquisition of the same. If, however, the cost of such public utilities, or any of them, shall so far exceed the annual revenues of the City and County in addition to the other necessary expenses thereof, as to render it necessary to incur a municipal bonded indebtedness therefor, the Board of Supervisors shall, at any regular meeting held within eight weeks after the filing of the plans and estimates of cost thereof, by Ordinance, as hereinafter in Section 6 of this Article provided, call a special election, at which shall be submitted to the electors a proposition or propositions for the acquisition of such public utility or utilities. Such propositions shall specify the amount of the bonded indebtedness necessary for the acqui¬ sition of the utility or utilities therein named and the rate of interest thereon, and the Board of Supervisors shall submit to the electors the question or questions whether such bonded in¬ debtedness shall be incurred. At least two-thirds of the electors voting at such special election shall be necessary to warrant the issuance of municipal bonds for the acquisition of such public utility, or any of them.— As amended December 4, 1902, approved by the Legislature February 5, 1903 ( Statutes 1903, page 593). Ordinance Calling Special Election. Questions to Be Submitted. Sec. 6 . Whenever, under the provisions of this Article, it shall be necessary to call a special election for the purpose of submit¬ ting to the electors a proposition or propositions for the acquisi¬ tion of public utilities, the Board of Supervisors shall pass an Ordinance calling such special election for such purpose. Article XII, Acquisition of Public Utilities 143 At such special election all propositions for the acquisition of public utilities, formulated under the provisions of this Article, may be submitted to the electors of the City and County. No question except the acquisition of public utilities and the incur¬ ring of municipal indebtedness therefor shall be submitted at such special election.— As amended December 4, 1902, approved by the Legislature February 5, 1903 ( Statutes 1903, page 594). Ordinance for Special Election Shall Set Forth What. Bonded Indebtedness. Sec. 7. The Ordinance calling such special election shall set forth the purposes for which the election is called, the estimated cost of each utility proposed for acquisition by the City and County, the proposed method and manner of payment thereof, and shall fix a day on which such special election shall be held, the manner of holding such election and the manner of voting for or against each proposition thereat submitted to the electors; and, if it shall be necessary to incur a municipal indebtedness for any utility or utilities therein proposed for acquisition by the City and Count}", the Ordinance shall specify the objects and pur¬ poses for which such indebtedness is proposed to be incurred, and that bonds of the City and County shall issue for the pay¬ ment of the cost of such utility or utilities, as in such Ordinance set forth (if the proposition or propositions therefor be accepted by the electors). Such election shall be held as provided by law for holding elections in the City and County.— As amended De¬ cember 4, 1902, approved by the Legislature February 5, 1903 (Statutes 1903, page 594). Publication of Ordinance for Ten Days. Notice of Election for Fourteen Days. Sec. 8. Such Ordinance shall be published daily for at least ten days in the official newspaper. At the expiration of said ten days the Supervisors shall cause to be published daily for not less than two weeks in the official newspaper a notice of such special election. Such notice shall specify the purpose for which the indebtedness is to be incurred, the number and character of the bonds to be issued, the rate of interest to be paid, and the amount of tax levy to be made for the payment thereof.—As amended December 4, 1902, approved by the Legislature February 5, 1903 ( Statutes 1903, page 594). Limit to Indebtedness. Sec. 9. No indebtedness shall be incurred for the acquisition of any public utility under the provisions of this Article, which, together with the existing bonded indebtedness of the City and County, shall exceed at any one time fifteen per centum of the assessed value of all real and personal property in the City and County.—As amended December 4, 1902, approved by the Legis¬ lature February 5, 1903 ( Statutes 1903, page 594). 144 Charter of the City and County of San Francisco Bonds for Acquisition of Public Utilities. Form. Denomination. How Sold. Proceeds of Sale: to What Applied. Unsold Bonds. Unsold Bonds Heretofore Issued. Registered Bonds. Sec. 10. The bonds issued under the provisions of this Article shall be of such form as the Supervisors in the ordinance calling the election therefor shall determine; but such bonds shall be payable, interest and principal, in gold coin of the United States. The interest on such bonds shall not exceed 5 per cent per annum, and they shall be redeemed at such times and in such amounts as the Supervisors shall determine, as set forth in the ordinance calling the special election; provided, that redemption of such bonds shall begin in not more than eighteen years and shall be completed in not more than seventy-five years from the date of the issue. The bonds so issued shall be exempt from all taxation for muni¬ cipal purposes and shall be issued in denominations of not less than ten dollars and not more than one thousand dollars, and preference in the sale and allotment thereof shall be given to subscribers for the smallest amounts and the lowest denomina¬ tions. The Supervisors shall fix the times and places at which the pay¬ ment of interest or principal may be made. Such bonds when issued may be sold by the Supervisors from time to time, as required, and in such quantities as they may de¬ termine. When such bonds are offered for sale they shall be advertised in the official paper and otherwise if so ordered by the Supervisors and sealed proposals for the purchase of the whole or any part thereof offered shall be. opened at the time specified in such advertisements. All proposals for the purchase of such bonds shall be accompanied by a deposit of 5 per cent of the amount bid in lawful money of the United States or by a deposit of a certified check payable to the Clerk of the Board of Supervisors of the City and County for a like sum; provided, that no deposit need exceed the sum of ten thousand dollars, and that no deposit need be given by the State of California, which money or check shall be forfeited by the bidder in case he fails to accept and pay for the bonds bid for by him if his bid is ac¬ cepted. Bonds shall be sold to the highest bidder for not less than par, but the Supervisors shall have the right to reject any or all bids made for the purchase thereof. If less than the amount of bonds offered shall be sold, the Supervisors may, with the concurrence of fourteen members and the Mayor, place such un¬ sold bonds on sale at the City Treasury, or at branches thereof established by the Treasurer for public convenience; and such bonds may be sold to any applicant at such prices as may be fixed by the Supervisors, provided that such prices shall not be less than par and accrued interest. The proceeds of any sale of bonds shall be placed in the treas- Article XII, Acquisition of Public Utilities 145 ury to the credit of the proper fund, and shall be applied exclu¬ sively to the purposes and objects mentioned in the ordinance authorizing their issue until such objects are fully accomplished; after which, if any surplus remains, such surplus may be trans¬ ferred to the general fund, except that if such surplus exceeds the sum of two thousand dollars, then such surplus and the whole thereof shall be transferred to the appropriate fund or funds to pay the interest and maintain the sinking fund or provide for the retirement of the bonded indebtedness in connection with which such surplus remains. If the bonds or any of them offered for sale shall remain un¬ sold the Supervisors may so declare, and may, with the concur¬ rence of fourteen members and the Mayor, cancel such unsold bonds, provided that no bonds shall be canceled as aforesaid unless the same have been offered for sale by advertisement, as above provided, at least three separate times at intervals of not less than thirty days, and provided that no such bonds shall be can¬ celed by the Supervisors as aforesaid for which par or above has been bid by any bona fide responsible bidder or bidders. The provisions of this section, regarding the cancellation of un¬ sold bonds, shall apply to any bonds that have been heretofore issued or to any bonds that have been heretofore authorized by a vote of the electors of the City and County under this section or under Section 29 of Article XVI of this Charter, and that remain unsold after efforts to sell the same shall have been made as above provided. Whenever the owner of any coupon bond, or of any bond pay¬ able to bearer, already issued or hereafter issued by the City and County shall present any such bond to the Treasurer with a re¬ quest for the conversion of such bond into a registered bond, such Treasurer shall cut off and cancel the coupons of any such coupon bond so presented, and shall stamp, print or write upon such coupon bond or such other bond payable to bearer, so present¬ ed, either upon the back or upon the face thereof, as may be con¬ venient, a statement to the effect that the said bond is registered in the name of the owner, and that thereafter the interest and principal of said bond are payable to the registered owner. There¬ after, and from time to time, any such bond may be transferred by such registered owner in person, or by attorney duly author¬ ized on presentation of such bond to Treasurer, and the bond be again registered as before, a similar statement being stamped, printed or written thereon. Such statement stamped, printed or written upon any such bond may be in substantially the follow¬ ing form: (Date—giving month, year and day.) This bond is registered pursuant to Charter of the City and County of San Francisco, State of California, in the name of- 140 Charter of the City and County of San Francisco (here insert name of owner) ; and the interest and principal there¬ of are hereafter payable to such owner. - Treasurer. After any bond shall have been registered as aforesaid, the principal and interest of such bond shall be payable to the regis¬ tered owner. Such Treasurer shall keep in his office a book or books which shall, at all times, show what bonds are registered and in whose names, respectively.— As amended November 5, 1907, approved by the Legislature November 22, 1907 ( Statutes Special Session, 1907, page 15). Signatures. Coupons. Sec. 11. Such bonds shall be signed by the Mayor and the Treasurer, and shall be countersigned by the Auditor. The cou¬ pons shall be numbered consecutively and signed by the Treas¬ urer, and the bonds and coupons shall be payable at the office of the Treasurer.—As amended December 4, 1902, approved by the Legislature February 5, 1903 ( Statutes 1903, page 595). Levy of Tax to Pay Annual Interest on Bonds. Sec. 12. At the time of levying the municipal tax, and in the manner provided for such tax levy, the Supervisors shall levy and collect annually a tax sufficient to pay the annual interest on such bonds, and also such part of the bonded municipal indebt¬ edness as will fall due within the succeeding fiscal year, and as may be necessary to provide for the sinking fund payments of the next succeeding fiscal year; provided that when the interest and sinking fund payments for any fiscal year on the bonds issued for any public utility can be met out of the surplus earnings of such public utility for the preceding fiscal year, no tax shall be levied for such purpose. Such taxes shall be in addition to all other taxes levied for municipal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected.— As amended November 5, 1907, approved by the Legislature November 22, 1907 ( Statutes Special Session, 1907, page 17). Penalty for Failure to Enforce This Article. Sec. 13. A neglect or refusal on the part of the Supervisors to comply with the provisions of this Article shall constitute cause for the removal from office of any member or members of the Board guilty of such neglect or refusal.— As amended December 4, 1902, approved by the Legislature February 5, 1903 (Statutes, 1903, page 596). Power to Acquire Public Utilities. Sec. 14. The City and County shall have power to acquire, construct or complete any public utility from funds derived from taxes levied for that purpose, or from funds derived from the sale of bonds issued for that purpose, as is provided in this Char¬ ter, and may operate, maintain, sell or lease the same, subject to the other provisions and limitations of this Charter. Article XII, Acquisition of Public Utilities 147 Acquisition of Lands for Water Purposes. Sec. 15. The Supervisors shall have power, in the name and for the benefit of the City and County, to acquire by purchase or condemnation, subject to the conditions and limitations in this Charter and the general laws of the State prescribed, any lands situated within the State of California necessary for constructing or maintaining canals, aqueducts, reservoirs, tunnels, flumes, ditches, or pipes for conducting or storing water for the use of the City and County, or the inhabitants thereof. Disposition of Receipts from Public Utilities. Sec. 16. 1. Whenever any public utility shall be operated by the City and County, the receipts from such utility shall be paid daily into the city treasury and maintained in a special fund set aside for such utility. The Supervisors may, from time to time, make appropriations from such funds for the following purposes: (а) For the payment of the operating expenses of such utility; (б) For repairs and reconstruction; (c) For payment of interest and sinking fund on the bonds issued for the acquisition or construction of such utility; (d) For extensions and improvements; (e) For a reserve fund. Reserve Fund. 2. Whenever the reserve fund shall exceed one-half of the pay¬ ment for operating expenses in the preceding fiscal year, the Su¬ pervisors shall have the power to appropriate such excess to the general fund. Books of Account. 3. The City and County, when owning any public utility, shall keep the books of account for such public utility distinct from other City and County accounts and in such manner as to show the true and complete financial results of such municipal ownership, or ownership and operation, as the case may be. Such accounts shall be so kept as to show the actual cost to the City and County of the public utility owned; all costs of maintenance, extension and improvement; all operating expenses of every description, and in case of such municipal operation the amounts set aside for sinking fund purposes. If any service shall be furnished for the use of such public utility without charge, the accounts shall show as nearly as possible the value of such service, and also the value of such similar service rendered by the public utility to any other municipal department without charge; such accounts shall also show reasonable allowances for interest, depreciation and insur¬ ance, and also estimates of the amount of taxes that would be chargeable against such property if owned by a private corpora¬ tion. The Supervisors shall cause to be printed annually for public distribution a report showing the financial results, in form as aforesaid, of such municipal ownership and operation. The accounts of such public utility, kept as aforesaid,, shall be exam- 148 Charter of the City and County of San Francisco ined at least once a year by an expert accountant, who shall report to the Supervisors the result of his examination. Such expert accountant shall be selected in such manner as the Supervisors may direct, and he shall receive for his services such compensa¬ tion, to be paid out of the income or revenues from such public utility, as the Supervisors may prescribe.— Sections 14, 15, 16 added by amendment adopted November 5, 1907, approved by the Legislature November 23, 1907 (Statutes Special Session, 1907, page 37). ARTICLE XIII. CIVIL SERVICE. Three Commissioners. Qualifications. Appointed, by Mayor. Terms. Section 1. Immediately upon the taking effect of this Charter the Mayor shall appoint three persons, known by him to be devoted to the principles of Civil Service reform, who shall con¬ stitute the Civil Service Commission, one for one year, one for two years, and one for three years. Each year thereafter the Mayor shall in like manner appoint one person as the successor of the Commissioner whose term of office expires in that year, to serve as such Commissioner for three years. All appointments shall be so made that not more than one Commissioner shall at any time belong to the same political party. Each of such Com¬ missioners shall receive an annual salary of twelve hundred dol- ars. Classified Service. Sec. 2. The Commissioner? shall classify all the places of em¬ ployment in or under the offices and departments of the City and County mentioned in section eleven of this Article, with reference to the examinations hereinafter provided for. The places so clas¬ sified by the Commissioners shall constitute the classified civil service of the City and County, and no appointment to any such place shall be made except according to the rules hereinafter mentioned. Rules of Commissioners. Sec. 3. The Commissioners shall make rules to carry out the purposes of this Article, and for examinations, appointments, pro¬ motions and removals, and in accordance with its provisions may from time to time make changes in the existing rules. All rules and all 1 changes therein shall be forthwith printed for distribu¬ tion by the Commissioners. Examination of Applicants. Sec. 4. All applicants for places in the classified civil service shall be subjected to examination, which shall be public, competi¬ tive and free. Such examinations shall be practical in their char- Article XIII, Civil~Service 149 acter, and shall relate to those matters only which will fairly test the relative capacity of the persons examined to discharge the duties of the positions to which they seek to be appointed, and shall include, when appropriate, tests of physical qualifications, health, and of manual or professional skill. Selection of Laborers. Sec. 5. The selection of laborers shall be governed by priority of application only. No question in any examination shall relate to political or religious opinions or affiliations. The Commission¬ ers shall control all examinations, and may, whenever an exam¬ ination is to take place, designate a suitable number of persons, either in or not in the official service of the City and County, to be examiners; and, if in the official service, it shall be a part of their official duty, without extra compensation, to conduct such examinations as the Commissioners may direct, and to make re¬ turn and report thereof to the Commissioners. The Commission¬ ers may substitute any other person, whether in or not in such service, in the place of any one so selected, or may themselves act as such examiners. Notice of Examinations. Sec. 6 . Notice of the time, place and general scope of every examination shall be given by the Commissioners by publication for two weeks preceding such examination in the official news¬ paper, and such notice shall also be posted by the Commissioners in a conspicous place in their office for two weeks before such examination. Such further notice of examination shall be given as they may prescribe. Registers of Each Class of Positions. Sec. 7. From the returns of the examiners, or from the examin¬ ations made by the Commissioners, the Commissioners shall pre¬ pare a register for each grade or class of positions in the classified service of the City and County of the persons whose general average standing upon examination for such grade or class is not less than the minimum fixed by the rules of the Commission¬ ers, and who are otherwise eligible. Such persons shall take rank upon the register as candidates in the order of their relative ex¬ cellence, as determined by examination, without reference to pri¬ ority of time of examination. Promotions, Basis Of. Sec. 8. The Commissioners shall provide for promotion in the classified service on the basis of ascertained merit and seniority in service and standing upon examination, and shall provide, in all cases where practicable, that vacancies shall be filled by pro¬ motion. All examinations for promotions shall be competitive among such members of the next lower rank established by the Commissioners for each department as desire to submit them¬ selves to such examinations. The Commissioners shall submit to 150 Charter of the City and County of San Francisco the appointing power the names of not more than three appli¬ cants having the highest rating for each promotion. The method of examining, and the rules governing the same, and the method of certifying, shall be the same, as near as may be, as provided for applicants for original appointments. Duty of Heads of Departments. Candidates Highest on Register. Sec. 9. The heads of the department or office, in which a posi¬ tion classified under this Article is to be tilled, shall notify the Commissioners of that fact, and the Commissioners shall then certify to the appointing officer the name and address of one or more candidates, not exceeding three, standing highest upon the register for the class or grade to which the position belongs; but laborers shall be taken according to their priority of application. In making such certification, sex shall be disregarded, except when some statute, the rules of the Commissioners, or the appoint¬ ing power specifies sex. Appointments on Probation. Conditions of Discharge. Temporary Appoint¬ ments. Sec. 10. The appointing officer shall notify the Commissioners of each position to be filled separately, and shall fill such place by the appointment of one of the persons certified to him by the Commissioners therefor. Such appointment shall be on proba¬ tion for a period to be fixed by the rules of the Commissioners; but such rules shall not fix such period at exceeding six months. The Commissioners may strike off names of candidates from the register after they have remained thereon more than two years. At or before the expiration of the period of probation, the head of the department or office in which a candidate is employed, may, by and with the consent of the Commissioners, discharge him upon assigning in writing his reason therefor to the Commissioners. If he is not then discharged, his appointment shall be deemed con plete. To prevent the stoppage of public business, or to meet extraordinary exigencies, the head of any department or office may, with the approval of the Commissioners, make temporary appointments, to remain in force not exceeding sixty days, and only until regular appointments, under the provisions of this Article, can be made. Departments Governed by This Article. Sec. j1. The provisions of this Article shall apply to the fol¬ lowing offices and departments of the City and County; the Comi¬ ty Clerk, the Assessor, the Tax Collector, the Sheriff, the Auditor, the Recorder, the Coroner, the Clerks and Stenographers of the Justices’ and Police Courts, the Board of Public Works, the Po¬ lice Department, the Fire Department, the Board of Electimi Com¬ missioners, the Board of Health and all boards or departments controlling public utilities; but the following deputies, clerks and employes in said offices and departments shall be exempted there¬ from : the Cashier of the County Clerk, the Chief Deputy and the Article XIII, Civil Service 151 Cashier of the Assessor, the Chief Deputy and the Cashier of the Tax Collector, the Under Sheriff and the Chief Bookkeeper of the Sheriff, the Deputy Auditor, the Chief Deputy of the Recorder, the Chief Deputy Coroner, the City Engineer, the Secretary and the Architect of the Board of Public Works, the Registrar of the Board of Election Commissioners, the Chief of Police, the Chief Engineer of the Fire Department, and all physicians appointed by or on the Board of Health. All officers, courts, boards and heads of departments vested in this Charter with the power to appoint deputies, clerks, stenographers or employes in any of the offices or departments of the City and County mentioned in this section shall make such appointments in conformity with the rules and provisions prescribed by this Article, and any appointment not so made shall be void. Dismissals for Cause Only. Investigation of Charges. Suspensions. Sec. 12. No deputy, clerk or employe in the classified civil service of the City and County, who shall have been appointed under said rules, shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in his own defense. Such charges shall be investigated by or before the Civil Service Commission, or by or before some officer or board appointed by the Commissioners to conduct such investigation. The finding and decision of the Commissioners, or such investigating officer, or board, when approved by the Com¬ missioners, shall be certified to the appointing officer or board, and shall be forthwith enforced by such officer. Nothing in this Article shall limit the power of any officer or board to suspend a subordinate for a reasonable period, not exceeding thirty days. Notice of Appointments, Promotions or Changes, Sec. 13. Immediate notice in writing shall be given by the appointing power to the Commissioners of all appointments, per¬ manent or temporary, made in such classified civil service, and of all transfers, promotions, resignations, suspensions or vacancies from any cause in such service, and of the date thereof; and a record of the same shall be kept by the Commissioners. When any place of employment is created or abolished, or the com¬ pensation attached thereto altered, the officer or board making such change shall immediately report in writing to the Commis¬ sioners. Duties of Commissioners. Sec. 14. The Commissioners shall investigate the enforcement of the provisions of this Article, and of its rules, and the action of the examiners herein provided for, and the conduct and action of the appointees in the classified service in the City and County, and may inquire as to the nature, tenure and compensation of all places in the public service thereof. 152 Charter of the City and County of San Francisc® Annual Report of Commissioners. Sec. 15. The Commissioners shall, on or before the fifteenth day of January in each year, make to the Supervisors a report showing their acts, the rules in force, the practical effects thereof, and suggestions for the more effectual accomplishment of the purposes of this Article. The Mayor may require a report from the Commissioners at any time. Chief Examiner. Secretary. Duties. Salary. Sec. 16. The Commissioners shall employ a Chief Examiner who shall, under their direction, superintend any examination held in the City and County under this Article, and who shall perform such other duties as the Commissioners may prescribe. The Chief Examiner shall be Secretary of the Commission by vir¬ tue of his office. He shall keep minutes of its proceedings, pre¬ serve all reports made to it, and keep a record of all examina¬ tions held under its direction. He shall receive an annual salary of twenty-four hundred dollars. Offices and Supplies. Sec. 17. The Supervisors shall furnish the Commission with suitable offices, office furniture, books, stationery, blanks, heat and light, and shall provide for the payment of such other expenses as may be necessarily incurred in carrying out the provisions of this Article. No Aid, Hindrance, Fraud or Collusion Permitted. Sec. 18. No person or officer shall by himself, or in co-opera¬ tion with other persons, defeat, deceive or obstruct any person in respect to his or her right of examination; or falsely mark, grade, estimate or report upon the examination or proper standing of any person examined hereunder, or aid in so doing; or make any false representations concerning the same, or concerning the per¬ son examined; or furnish to any person any special or secret in¬ formation for the purpose of either improving or injuring the prospects or chances of any person of being appointed, employed or promoted. Certificate to Auditor of Appointments and Vacancies. Sec. 19. The Commissioners shall certify to the Auditor all appointments to places of employment in the classified civil serv¬ ice, and all vacancies occurring therein, whether by dismissal, resignation or death, and all findings made or approved by the Commission under the provisions of section twelve of this Article. Penalty for Violation. Sec. 20. The Commissioners shall have power to institute and prosecute legal proceedings for violations of any of the pro¬ visions of this Article. Article XIV, Park Commissioners 153 ARTICLE XIV. PARK COMMISSIONERS. Park Commissioners. Jurisdiction of. Section 1. The lands designated upon the Map of the Outside Lands of the City and County, made pursuant to Order No. 800, by the word “Park,” extending from Stanyan street to the Pa¬ cific Ocean, and known as Golden Gate Park; also the land front¬ ing on Haight street, designated on said map by the word “Park,” and known as Buena Vista Park; also the lands designated on said Map by the word “Avenue,” extending from Baker street westward until it crosses Stanyan street; also that certain high¬ way bounded on the west by the Pacific Ocean, and designated upon said map as “Great Highway”; also Mountain Lake Park; also Seal Rocks, as ceded to the City and County of San Fran¬ cisco by act of Congress; and all the other parks and squares in the City and County, and all the grounds surrounding public buildings in the City and County, and all parks and squares and public pleasure grounds hereafter acquired by the City and Coun¬ ty, shall be under the exclusive management of a Board of Com¬ missioners who shall be known and designated as Park Commis¬ sioners, except that children’s playgrounds and recreation cen¬ ters outside of Golden Gate Park shall, to the extent of their use as such playgrounds and recreation centers, be under the exclu¬ sive management and control of the Playground Commissioners. —As amended November 5, 1907, approved by the Legislature November 23, 1907 ( Statutes Special Session, 1907, page 56). Successors in Office. Sec. 2. The Commissioners shall be successors in office of the Park Commissioners holding office in the City and County at the time this Charter shall go into effect by virtue of appointment under any statute of this State. Five Commissioners. Appointed by Mayor. Term. Sec. 3. The Cormnissioners shall be five in number, one of whom must be an artist. They shall be appointed by the Mayor for a term of four years and shall receive no compensation for their services. They shall so classify themselves by lot that one of them shall go out of office at the end of one year, one at the end of two years, one at the end of three years, and two at the end of four years. Commissioners. Organization. President. Secretary. Duties. Contracts. Sec. 4. The Commissioners shall organize by electing one of their number President, and Ihey may elect a Secretary who is not a member of the Board. The Board shall establish rules and regulations for its government and for the performance of its duties, and for the conduct of its officers and employes, and shall require adequate bonds from all of them, except laborers, for the 154 Charter of the City and County of San Francisco faithful performance of their duties in such sums as may be fixed by it. Such bonds shall be approved by the Mayor and filed in the office of the Auditor. The person elected President shall hold his office for one year, or until his successor is elected. The Board must hold regular meetings at least once in two weeks, and as many special meetings as it may deem proper. Three of the Commissioners shall constitute a quorum for the transaction of business. No contract shall be entered into author¬ izing the expenditure of money without the approval of four of the Commissioners. Every contract exceeding five hundred dol¬ lars in amount shall be open to public competition, unless the Board shall determine in any given case to have the work done by day’s labor. All the provisions of the Article in this Charter on the Department of Public Works relating to contracts shall be applicable to all contract work ordered by the Commissioners. *> Park Ordinances. Sec. 5. The Commissioners may adopt ordinances for the regu¬ lation. use and government of the aforesaid parks, squares, avenues and grounds not inconsistent with the laws of the State of California or with this Charter. Such ordinances shall, within five days after their passage, be published for ten days, Sundays excepted, in the official newspaper. Any person violating any of such ordinances shall be deemed guilty of a misdemeanor, and shall be punished therefor, on conviction, in any court of com¬ petent jurisdiction. None of such ordinances shall be valid unless it receives the vote of four members of the Board. No ordinance shall be passed at the same meeting at which it is introduced, or at any other than a regular meeting. Such ordinances shall take effect in not less than ten days after their adoption. Commissioners to Have Pull Control of Parks and Squares. Sec. 6. The Commissioners shall have the complete and ex¬ clusive control, management and direction of the aforesaid parks, squares, avenues and grounds, and the exclusive right to erect, and to superintend the erection of, buildings and structures there¬ on ; and to that end may employ and appoint superintendents, laborers, surveyors, engineers, and other officers and assistants, and. prescribe and fix their duties, authority and compensation. They shall have the exclusive management and disbursement of all funds legally appropriated or received from any source for the support of said parks, squares, avenues and grounds. The Board may accept from donors suitable articles for the Museum and Art Gallery situate in the aforesaid Golden Gate Park and shall manage and control said Museum and Art Gallery. Except as provided in section nine of this Chapter, nothing in this section shall be so construed as to authorize the Commis¬ sioners to lease any part of any of said parks, squares, avenues and grounds to any person, company or corporation for any pur- Article XIV, Park Commissioners 155 pose; or to permit any person, company or corporation to build or maintain any structure on any part of said parks, squares, avenues or grounds: but this shall not inhibit the Board from leasing, for a period not greater than one year, such buildings as may be constructed by itself for the use of the public to such per¬ son, company or corporation who shall undertake to serve such use; and in every such lease the Board shall reserve the right to enter at all times into and upon the premises so leased, and shall make the condition that the buildings so leased shall be used for park-pleasure purposes only. No such building shall be con¬ structed by the Board except it be within the objects and pur¬ poses for which said parks, squares, avenues and grounds were dedicated to the public. Nothing, however, in this section contained shall inhibit the Board from permitting the use of a limited portion of any one of the aforesaid parks or squares for the purpose of conducting thereon a Fair or Fjxposition, under such conditions and restric¬ tions as may be necessary to conserve the integrity of said parks and squares, and for a period not greater than six months, and so as not to interfere with the use of any of the same by the pub¬ lic for park-pleasure purposes: but no such permission shall ever be granted except such Fair or Exposition be of National, State or Municipal importance. None of the moneys in, or appropriated to, the Park Fund shall be used for the purposes of any such Fair or Exposition. Park Police. Sec. 7. The Chief of Police shall, on the request of the Com¬ missioners, detail such members of the Police Force of the City and County for service in said parks, squares, avenues and grounds as may be necessary for the enforcement of the law and for the proper observance oJ: the ordinances of the Commission¬ ers; and the Commissioners may provide a place of detention within either of said public places, in which the persons arrested for violating any of the ordinances of the Board may be detained temporarily. Donations, Legacies and Bequests. Sec. 8. The Board may receive donations from persons and corporations and legacies and bequests for the improvement of said parks, squares, avenues and grounds. All moneys that may be derived from such donations, legacies and bequests shall, un¬ less otherwise provided by the terms of such gift, legacy or be¬ quest, be deposited in the treasury of the City and County to the credit of the Park Fund. The same may be withdrawn therefrom and paid out in the same manner as is provided for the payment of moneys legally appropriated for the support and improve¬ ment of such parks, squares, avenues and grounds. If the moneys derived from such gifts, bequests or legacies shall at any time 156 Charter of the City and County of San Francisco exceed in amount the sum necessary for immediate expenditures on said parks, squares, avenues and grounds, the Board shall in¬ vest all or a part of the same in interest-bearing bonds of the United States, or of the State of California or of any municipality thereof. State Exposition Building. Sec. 9. The Board may lease to the State of California, on such terms as it may deem proper, a plot of ground in Golden Gate Park not more than seven hundred feet square, on which said State may erect and maintain an exposition building, in which may be exhibited the products of the several counties of the State and in which the collection made by the State Mining Bureau may be maintained and exhibited; but said lease shall be upon the express condition that no fee shall ever be charged for admission to said building. Works of Art Must Be Approved by Commissioners. Commissioners to Pass Upon Public Structures. Monuments. Sec. 10. Hereafter no work of art shall become the property of the City and County by purchase, gift or otherwise, unless such work of art or design of the same, together with a statement of the proposed location of such work of art, shall first have been submitted to and approved by the Commissioners; nor shall such work of art, until so approved, be erected or placed in or upon or allowed to extend over or upon, any street, avenue, square, park, municipal building or other public place belonging to the City and County. The Board may require a complete model of the proposed work of art to be submitted. The term “work of art” as used in this section shall apply to and include all paintings, mural decorations, stained glass, statues, bas-reliefs or other sculp¬ tures, monuments, fountains, arches or other structures of a per¬ manent character, intended for ornament or commemoration. No existing work of art in the possession of - the City and County shall be removed, relocated or altered in any way without the similar approval of the Board. When so requested by the Mayor, or the Supervisors, or the Board of Public Works, or the Board of Education, the Board of Park Commissioners shall act in a similar capacity, with similar powers, in respect of the designs of municipal buildings, bridges, approaches, gates, fences, lamps or other structures erected or to be erected upon land belonging to the City and County, and in respect of the lines, grades and plotting of public ways and grounds, and in respect of arches, bridges, structures and approaches which are the property of any corporation or private individual and which shall extend over or upon any street, avenue, highway, park or public place belonging to the City and County. This section shall not be so construed as to impair the power of the Park Commissioners to refuse their consent to the erection or acceptance of public monuments or Article XIV-A Playground Commissioners 157 memorials or other works of art of any sort within any park, square or public place in the City and County. Tax for Park Purposes. Limits. Sec. 11. The Supervisors shall provide all necessary money for the maintenance, preservation and improvement of said parks, squares, avenues and grounds, and to that end shall annually levy a tax on all property in the City and County not exempt from taxation, which shall not be less than five cents nor more than seven cents upon each one hundred dollars assessed valuation of said property. ARTICLE XIV-A. PLAYGROUND COMMISSIONERS. Children’s Playgrounds, Management of Section 1. All children’s playgrounds now owned by the City and County, and all children’s playgrounds that shall hereafter be acquired by the City and County, and all public recreation centers, other than those located in Golden Gate Park, shall be under the management and control of a Board of Commissioners, which shall consist of men and women, and shall be known and designated as the Playground Commissioners. No person shall be appointed such Commissioner who shall not be at the time of his or her appointment a resident of the City and County, and who shall not have been such at least five years prior thereto. Commissioners. Sec. 2. The Commissioners shall be seven in number, five of whom shall be appointed by the Mayor for the term of four years. Three of the members appointed by the Mayor shall be men and two of them shall be women. The President of the Board of Edu¬ cation shall be ex-officio the sixth member of the Commission, and either the President of the Park Commissioners or the Superin¬ tendent of Golden Gate Park, as the Park Commissioners in writing may appoint, shall be ex-officio the seventh member. The Park Commissioners may at any time, by resolution served upon the Playground Commissioners, change their ex-officio member of said Commission, 'provided that such ex-officio member be always either their President or said Superintendent. None of said Com¬ missioners shall receive any compensation for his or her services. Organization. Rules. Sec. 3. The Commissioners shall organize by electing one of their number President, who shall hold office for one year or until his or her successor is elected, and they may elect a Secretar}^ who is not a member of the Board. A majority of the members shall constitute a quorum for the transaction of business. The Board shall hold regular meetings 158 Charter of the City and County of San Francisco at least once in two weeks, and as many special meetings as it may deem proper. The Board shall establish rules and regulations for its govern¬ ment and for the performance of its duties, and for the conduct of its officers and employes, and shall require adequate bonds from all its officers and employes, except laborers, for the faithful performance of their duties, and in such sums as may be fixed by it, such bonds shall be approved by the Mayor and filed in the office of the Auditor. Sec. 4. The Commissioners shall adopt rules and regulations for the government of the aforesaid playgrounds not inconsistent with the ordinances of the City and County of San Francisco, the laws of the State of California or with this Charter. Powers of Commissioners. Sec. 5. The Commissioners shall have complete and exclusive control, management and direction of the aforesaid plaj^grounds and recreation centers, and the exclusive right to erect and to superintend the erection of buildings and structures thereon, and to that end they may employ superintendents, surveyors, engi¬ neers, laborers and other employes and assistants and prescribe and fix their duties, authority and compensation. They shall have the exclusive management and disbursement of all funds legally appropriated or received from any source for the support and equipment of the aforesaid playgrounds and recreation cen¬ ters, provided, that such management of any real or personal property or moneys acquired by loan, gift, devise or bequest, is not inconsistent with the terms and conditions of the loan, gift, devise, or bequest. The Commissioners may purchase in the name of the City and County of San Francisco lands to be used as chil¬ dren’s playgrounds and recreation centers, with any moneys legally appropriated for such purpose or acquired by gift, legacy or bequest for such purpose. May Receive Donations. Sec. 6. The Board may receive donations from persons and corporations, and legacies and bequests for the purchase, improve¬ ment and equipment of playgrounds and recreation centers. All moneys that may be derived from such donations, legacies and bequests shall, unless otherwise provided by the terms of such gift, donation, legacy or bequest, be deposited in the treasury of the City and County to the account of the Playground Fund of the General Fund. The same may be withdrawn therefrom and paid out in the same manner as is provided for the payment of moneys legally appropriated for the support and improvement of such playgrounds and recreation centers. If such moneys shall at any time exceed in amount the sum necessary for immediate expenditure on said playgrounds or recreation centers the Board may invest all or part of the same in interest-bearing bonds of Article XlV-A Playground Commissioners 159 the United States, of the State of California or of any munici¬ pality therein. Police Detail. Sec. 7. The Chief of Police shall on request of the Commis¬ sioners detail such members of the Police Force of the City and County for service in said playgrounds and recreation centers as may be necessary for the enforcement of the law and the city ordinances and the proper observance of the rules and regulations of the Commissioners. Supervisors May Set Aside Other Lands. Sec. 8. The Supervisors shall have the power to set apart either absolutely or for a definite period of time, any land not improved with any public buildings belonging to the City and County other than land under the exclusive control and man¬ agement of the Park Commissioners, and land acquired by the issue of bonds for other specific purpose, for use as children’s playgrounds and recreation centers, and the same shall, when so set apart for such use. be under the exclusive control and man¬ agement of the Playground Commissioners. Park Commissioners May Set Apart Other Parks. Sec. 9. The Park Commissioners shall have power to set apart either absolutely or for a definite period of time such parks and squares or portions thereof as they may see proper, other than Golden Gate Park and the Mission Park, for use as children’s playgrounds and recreation centers, and the same shall, when so set apart for such use, be, to the extent of that use, under the exclusive control and management of the Playground Commis¬ sioners. Appropriation for Support. Sec. 10. The Supervisors shall, for the purchase, develop¬ ment, equipment and maintenance of the aforesaid playgrounds and recreation centers, annually appropriate to the Playground Commissioners at the time of making the Budget such amount as may in their judgment be necessary or proper, and the funds so appropriated shall be credited to the Playground Fund of the General Fund, and the Playground Commissioners shall have the exclusive management and disbursement of the same. The Secretary shall keep a full account of all, property, money, receipts and expenditures and a record of all proceedings of the Commissioners. The votes of all its members shall be recorded in the minutes with the ayes and noes. Article XIV-A added as an amendment November 5, 1907, ap¬ proved by the Legislature November 23, 1907 ( Statutes Special Session 1907, page 56). 160 Charter of the City and County of San Francisco ARTICLE XV. BONDS OF OFFICIALS. i Officers to Give Bonds. Approval by Mayor and Auditor. Section 1. Officers of the City and County, before entering upon the discharge of their official duties, shall respectively give and execute to the City and County such official bonds as may be required by law, ordinance, or this Charter. When the amount of any bond is not fixed by law or by this Charter, it shall be fixed by an ordinance of the Supervisors. All bonds, excepting those of the Mayor and Auditor, must be approved by the Mayor and Auditor; the bond of the Mayor must be approved by the Auditor, and the bond of the Auditor must be approved by the Mayor. The approval of: every official bond must be indorsed thereon, and signed by the officers approvmg the same, after examination of the sureties, as hereinafter provided. Upon the approval of a bond it must be recorded, at the expense of the party giving the bond, in the office of the Recorder, in a book kept for that pur¬ pose, entitled Record of Official Bonds. The bond of the Auditor shall be filed and kept in the office of the County Clerk. The bonds of all other officers shall be filed and kept in the office of the Auditor. Bonds of City and County Officers. Fremium for Bonds. Sec. 2. The following officers shall respectively execute official bonds to the City and County, with sureties, in the following sums: Mayor, twenty-five thousand dollars; Auditor, fifty thousand dollars; Treasurer, two hundred thousand dollars; Tax Collector, one hundred thousand dollars; Assessor, fifty thousand dollars; County Clerk, fifty thousand dollars; Recorder, ten thousand dollars; Sheriff, fifty thousand dollars; Coroner, ten thousand dollars; City Attorney, ten thousand dollars; District Attorney, ten thousand dollars; Public Administrator, fifty thousand dol¬ lars; Superintendent of Public Schools, five thousand dollars; each Commissioner of Public Works, twenty-five thousand dol¬ lars ; Clerk of the Supervisors, ten thousand dollars; each Super¬ visor, five thousand dollars; each School Director, five thousand dollars: each Fire Commissioner, ten thousand dollars; each Po¬ lice Commissioner, five thousand dollars; each Election Commis¬ sioner. ten thousand dollars, Property Clerk of Police Depart¬ ment, ten thousand dollars; the Warrant and Bond Clerk, ten thousand dollars. In all cases of elective officers, officers appointed by the Mayor, and officers whose bonds are fixed by the Charter, the premium or charge for such bonds shall be paid by the City and County; provided, however, that no premium or charge shall exceed one- half of one per cent per annum on the amount of such bond. Article XV, Bonds of Officials 161 —As amended November 5, 1907, approved by the Legislature November 23, 1907 ( Statutes Special Session, 1907, page 37). Bonds Must Contain Certain Conditions, Sureties. Sec. 3. City and County officers shall not be accepted as sur¬ ety for each other on official b.onds. Every bond shall contain a condition that the principal will faithfully perform all official duties then, or that may thereafter be, imposed upon or required of him by law, ordinance, or this Charter, and that at the expira¬ tion of his term of office he will surrender to his successor all property, books, papers, and documents that may come into his possession as such officer. Such bond must also be executed by two or more sureties who shall each justify in the amount re¬ quired for said bond; but when the amount of the bond is more than five thousand dollars, the sureties may become severally liable for portions of not less than twenty-five hundred dollars. When there are more than two sureties, such sureties may justify in an amount which in the aggregate shall equal double the amount of said bond. Qualifications of Sureties. Sec. 4. Every surety upon an official bond, other than lawfully authorized surety companies, must make an affidavit, which shall be endorsed upon such bond, that he is a resident and freeholder in the City and County, and worth in property situated in the City and County, exclusive of incumbrances thereon, double the amount of his undertaking over and above all sums for which he is already liable or in any manner bound, whether as principal, indorser or surety, and whether such prior obligation or liability be conditional or absolute, liquidated or unliquidated, due or to become due. All persons offered as sureties on official bonds may be examined on oath as to their qualifications by the officers whose duty it is to approve the bond. Additional Bond. Sec. 5. When under any of the provisions of this Charter, or of any ordinance, an official bond shall be required from an officer, the Supervisors may, by resolution, require an additional bond, whenever, in the opinion of such board, such bond or any surety thereto becomes insufficient; and such additional bond shall also be required when a surety to a bond shall die or cease to be a resident of the City and County. Liability. Sec. 6. Every officer shall be liable on his official bond for the acts and omissions of his deputies, assistants, clerks, and employes, appointed by him, and of any and each of them, and every official bond shall contain such a condition. Eonds of Deputies and Employes. Sec. 7. Every board, department or officer may require of their deputies, clerks or employes bonds of indemnity with suf¬ ficient sureties for the faithful performance of their duties. 162 Charter of the City and County of San Francisco ARTICLE XYI. MISCELLANEOUS. “City and County” Defined. Section 1. The words “City and County” whenever they oc¬ cur in this Charter mean the City and County of San Francisco; and every department, board and officer, wherever either one of them is mentioned in this Charter, means a department, board or officer, as the case may be, of the City and County of San Fran¬ cisco. Qualifications of All Deputies and Employes. Sec. 2. All deputies, clerks, assistants and other employes of the City and County must be citizens of the United States, and must, during their respective terms of office or employment, actually reside in the City and County, and must have so resided for one year next preceding their appointment. No Absence from the State. Sec. 3. No officer of the City and County, except members of the Police Department acting under orders of the Chief thereof, shall absent himself from the State; but he may, once only during his term of office, so absent himself for a period of not more than sixty days upon the written permission of the Mayor so to do. Violation of this section shall be sufficient cause for the removal of any officer violating the same. No One Shall Hold Two Salaried Offices. Sec. 4. Any person holding a salaried office under the City and County, whether by election or appointment, who shall, dur¬ ing his term of office, hold or retain any other salaried office under the government of the United States, or of this State, or who shall hold any other salaried office connected with the government of the City and County, or who shall become a member of the Legislature, shall be deemed to have thereby vacated the office held by him under the City and County. Limit of Subordinates and Supplies. Sec. 5. No department, board or officer shall, under any cir¬ cumstances, employ more subordinates than are specifically pro¬ vided for in this Charter or buy supplies beyond the sum fur¬ nished therefor by the Supervisors. Shall Not Be Interested in Contracts or Supplies or Property of the City. Sec. 6. No Supervisor and no officer or employe of the City and County, shall be or become, directly or indirectly, interested in, or in the performance of, any contract, work, or business, or in the sale of any article, the expense, price or consideration of which is payable from the treasury; or in the purchase or lease of any real estate or other property* belonging to, or taken by, the City and County, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the City and County. Article XVI, Miscellaneous 163 If any person in this section designated shall, during the time for which he was elected or appointed, acquire an interest in any contract with, or work done for, the City and County, or any department or officer thereof, or in any franchise, right or privi¬ lege granted by the City and County, unless the same shall be de¬ volved upon him by law, he shall forfeit his office, and be forever after debarred and disqualified from being elected, appointed or employed in the service of the City and County; and all such contracts shall be void, and shall not be enforceable against the City and County. Promises or Valuable Consideration Prohibited. Sec. 7. No officer or employe of the City and County shall give or promise to give to any other person, any portion of his compensation, or any money, or valuable thing, in consideration of having been, or of being, nominated, appointed, voted for, or elected to, any office or employment; and if any such promise or gift be made, the person making such gift or promise shall for¬ feit his office and employment, and be forever debarred and dis¬ qualified from being elected, appointed or employed in the service of the City and County. Bribing Prohibited. Sec. 8. Any officer of the City and County who shall, while in office, accept any donation or gratuity in money, or other valu¬ able thing, either directly or indirectly, from any subordinate or employe, or from any candidate or applicant for any position as employe or subordinate under him, shall forfeit his office, and be forever debarred and disqualified from holding any position in the service of the City and County. Annual Reports. Sec. 9. Every department, board and commission provided for in this Charter, except the Supervisors, shall render to the Mayor within one month after the end of each fiscal year a full report of all the operations of such department or board or com¬ mission for such year. Vacancies Defined. Sec. 10. An office becomes vacant when the incumbent thereof dies, resigns, is adjudged insane, convicted of felony, or of an offense involving a violation of his official duties, or is removed from office, or ceases to be a resident of the City and County, or neglects to qualify within the time prescribed by law, or within twenty days after his election or appointment, or shall have been absent from the State without leave for more than sixty con¬ secutive days. Liability for Illegal Payments. Sec. 11. Every officer who shall approve, allow or pay any demand on the treasury not authorized by law, ordinance or this Charter, shall be liable to the City and County individually and 164 Charter of the City and County of San Francisco on his official bond for the amount of the demand so illegally ap¬ proved, allowed or paid. Custody of Records. Sec. 12. The departments, boards, commissioners and officers provided for in this Charter shall be entitled to the possession of all papers, books, documents, maps, plats, records and archives in the possession or under the control of those respectively who are superceded in office under this Charter by such departments, boards, commissioners and officers. Books and Records Open to Inspection. Sec. 13. All books and records of every office and department shall be open to the inspection of any citizen at any time during business hours. Certified copies or extracts from said books and records shall be given by the officer having the same in custody to any person demanding the same, and pa} T ing or tendering ten cents a folio of one hundred words for such copies or extracts; but the records of the Police Department shall not be subject to such inspection except permission be given by the Police Com¬ missioners or by the Chief of Police. Office Hours. Sec. 14. The Treasurer shall keep his office open for business every day, except legal holidays, from nine o’clock in the fore¬ noon until four o’clock in the afternoon. Except where other¬ wise provided for by law, or by this Charter, all other public offices shall be kept open for business every day, except legal holidays, from half-past eight o’clock in the forenoon until five o’clock in the afternoon; and, in addition thereto, from the first day of November until the last Monday of December in each year the office of the Tax Collector shall be kept open until nine o’clock in the evening. Disqualifications. Sec. 15. No person shall be eligible to or hold any office, or be clerk or deputy in any office or department, who has been found guilty of malfeasance in office, bribery or other infamous crime or who in any capacity has embezzled public funds. Fiscal Year. Sec. 16. The fiscal year mentioned in this Charter shall com¬ mence on the first day of July and end on the thirtieth day of June following. All Moneys to Be Paid to Treasurer. Sec. 17. All moneys, assessments and taxes belonging to or collected for the use of the City and County, coming into the hands of any officer of the City and County, shall immediately be deposited with the Treasurer for the benefit of the funds to which they respectively belong. If such officer for twenty-four hours after receiving the same shall delay or neglect to make such deposit, he shall be deemed guilty of misconduct in office and may be removed. Article XVI, Miscellaneous 165 Suspensions and Removals. Sec. 18. Any elected officer, except Supervisor, may be sus¬ pended by the Mayor and removed by the Supervisors for cause; and any appointed officer may be removed by the Mayor for cause. The Mayor shall appoint some person to discharge the duties of the office during the period of such suspension. Procedure After Suspension of Elected Officer. Sec. 19. When the Mayor shall suspend any elected officer he shall immediately notify the Supervisors of such suspension and the cause therefor. If the Board is not in session, he shall immediately call a session of the same in such manner as shall be provided by ordinance. The Mayor shall present written charges against such suspended officer to the Board and furnish a copy of the same to said officer, who shall have the right to appear with counsel before the Board in his defense. If by an affirmative vote of not less than fourteen members of the Board of Supervisors, taken by ayes and noes and entered on its record, the action of the Mayor is approved, then the suspended officer shall thereby be removed from office; but if the action of the Mayor is not so approved such suspended officer shall be imme¬ diately reinstated. Removal of Appointed Officer by the Mayor. Sec. 20. When the Mayor shall remove an appointed officer from office, he shall immediately notify the Board of Supervisors of such removal, and furnish it a statement of the cause therefor, which statement shall be entered in the record of its proceedings. Removal of Appointed Deputies or Employes. Sec. 21. Unless otherwise provided by law or by this Charter, any officer, board or department authorized to appoint any dep¬ uty, clerk, assistant or employe, shall have the right to remove any person so appointed. Appointments to Be in Writing in Duplicate. Sec. 22. All appointments of officers, deputies and clerks to be made under any provision of this Charter must be made in writ¬ ing and in duplicate, authenticated by the person or persons, board or officer making the same. One of such duplicates must be filed with the Secretary of the Civil Service Commission and the other with the Auditor. Classification by Lot to Be Recorded and Filed. Sec. 23. Whenever it is provided in this Charter that the mem¬ bers of any board, department or commission shall so classify themselves by lot that their terms of office shall expire at differ¬ ent times, such members shall, on the day of making such classifi¬ cation, cause the same to be entered in the records of their pro¬ ceedings, and a copy thereof, certified by the Secretary thereof and signed by all of said members, shall be filed with the Clerk of the Supervisors. In eve^ case such classification must be made at the first meeting of the Board. 166 Charter of the City and County of San Francisco Powers of Officers and Boards to Administer Oaths, Issue Subpoenas and Hear Testimony. Sec. 24. Every officer and every member of any board or com¬ mittee provided for in this Charter shall have the power to admin¬ ister oaths and affirmations, and every such board, officer or com¬ mittee shall have power to issue subpoenas, to compel by subpoena the production of books, papers and documents, and to take and hear testimony concerning an t y matter or thing pending before any such board, officer or committee.' If any person so subpoenaed neglect or refuse to appear, or to produce any book, paper or document, as required by such subpoena, or shall refuse to testify before any such board, officer or committee, or to answer any question which any officer or a majority of such board or commit¬ tee shall decide to be proper or pertinent, he shall be deemed in contempt, and any such board, officer or committee shall have power to take the proceedings in that behalf provided by the general laws of this State. The Chief of Police must, on request of such officer or of any member of any such board or committee, detail a Police Officer or Officers to serve such subpoenas. Official Newspaper. Sec. 25. All publications provided for in this Charter must be made in the official newspaper only. Franchises Not in Use Forfeited. Sec. 26. All franchises and privileges heretofore granted by the City and County which are not in actual use or enjoyment, or which the grantees thereof have not in good faith commenced to exercise, are hereby declared forfeited and of no validity, unless said grantees or their assigns shall, within six months after, this Charter takes effect, in good faith commence the exercise and en¬ joyment of such privilege or franchise. Ordinances Repealed. Sec. 27. All ordinances or resolutions for the improvement of any street for which no contract shall have been entered into at the time this Charter takes effect are hereby repealed. Ordinances Continued. Sec. 28. All ordinances, orders and resolutions of the Super¬ visors of the City and County in force at the time this Charter takes effect, and not inconsistent therewith, shall continue in force until amended or repealed. Bonded Indebtedness, How Incurred. Disposition of Proceeds of Sale of Bonds. -M*i Wlf| Sec. 29. When the Supervisors shall determine that the public interest requires the acquisition of any land or lands or the con¬ struction or acquisition of any permanent building or buildings, improvement or improvements the cost of which, in addition to the other expenses of the City and County, will exceed the income and revenue proyided for the City and County for any one year, they must, by ordinance, submit a proposition or propositions to Article XVI, Miscellaneous 167 incur a bonded indebtedness i'or sucli purpose or purposes to the electors of the City and County at a special election to be held for that purpose only. All provisions of this Charter, as the same shall read at the time of submitting such propositions to the elec¬ tors, providing for the acquisition of public utilities, so far as the same are applicable, shall apply to the manner of submitting such proposition or propositions, to the issuance, character and regis¬ tration of said bonds and to the time when, and the kind of money in which said bonded indebtedness shall be payable. The proceeds of any sale of bonds shall be placed in the treas¬ ury to the credit of the proper fund and shall be applied exclu¬ sively to the purposes and objects mentioned in the ordinance authorizing their issuance until such objects are fully accom¬ plished, after which, if any surplus remains, such surplus may be transferred to the general fund, except that if such fund exceeds the sum of two thousand dollars then sucii surplus and the whole thereof shall be transferred to the appropriate fund or funds to pay the interest and maintain the sinking fund or provide for the retirement of the bonded indebtedness in connection with which such surplus remains.— As amended November 5, 1907, approved by the Legislature November 22, 1907 (Statutes Special Session, 1907, page 17). Duties of Subordinates. Sec. 30. Every assistant deputy or other subordinate of any board, department or officer, shall discharge any of the duties per- tainihg to such department, board or office as his chief may as¬ sign him to. Ineligibility to Office. Sec. 31. No member of the Board of Police Commissioners and no member of the Board of Eire Commissioners shall be eligible to any elective office while he is a member of such Board, or for one year thereafter. Members of the Police or Fire Departments Not to Participate in Politics or Conventions. Sec. 32. No member of the Board of Police Commissioners and no member of the Board of Fire Commissioners, and no officer, subordinate or employe of the Police Department or of the Fire Department, shall be a member of anj^ partisan convention the purpose of which is to nominate candidates for office; nor shall either of them directly or indirectly electioneer, by soliciting votes or otherwise, for or against any candidate for office at any election, or for or against any candidate for nomination before any political convention, or for or against any candidate for dele¬ gate to such convention at any primary election; nor shall either of them be a member of any committee, club, or organization, the purpose of which is to nominate or endorse candidates for office at any election; nor in any way attempt to influence or control such committee, club or organization, while nominating or endors- 168 Charter of the City and County of San Francisco ing said candidates; nor take any part in the control,management or distribution of the political patronage of any public officer; nor shall any member of either of said Boards, or any officer, subordinate or employe of either of said departments directly or indirectly attempt to control or in any manner influence the action of any officer, subordinate or employe of either of said departments at any general, special or primary election. And no officer, subordinate or employe of either of said departments shall levy, collect or pay any amount of money as an assessment or contribution for political purposes. Any person violating any of the provisions of this section shall be removed forthwith from his office or employment. If the violation be by a member of either of said Boards the Mayor must remove such member; and if by an officer, employe or subordinate of either of said depart¬ ments, then the Board whose officer, employe or subordinate has been guilty of such violation, must remove such officer, em¬ ploye or subordinate; and if such Board fail or refuse to make such removal, then the Mayor must remove all members of the Board who have so failed or refused. Overtime. Sec. 33. No deputy, clerk or other employe of the City and County shall be paid for a greater time than that covered by his actual service. Salaries Full Compensation. Sec. 34. The salaries provided in this Charter shall be in full compensation for all services rendered, and every officer shall pay all moneys coming into his hands as such officer, no matter from what source derived or received, into the treasury of the City and County within twenty-four hours after receipt of the same. Additional Clerks or Employes. Sec. 35. When any officer, board or department shall require additional deputies, clerks or employes, application shall be made to the Mayor therefor, and upon such application the Mayor shall make investigation as to the necessity for such additional as¬ sistance; and if he find the same necessary he may recommend to the Supervisors to authorize the appointment of such additional deputies, clerks or employes; and thereupon the Supervisors, by an affirmative vote of not less than fourteen members, may authorize such appointments and provide for the compensation of such appointees, subject to the limitations contained in this Charter, and subject to the provisions of Article XIII thereof. First Appointments by Mayor. Beginning and Expiration of Terms of Office. Sec. 36. At any time between the first day of December, in the year one thousand eight hundred and ninety-nine, and the first day of January, in the year nineteen hnudred, the person who, at the election held under this Charter in the month of November next preceding, has been elected the Mayor of the City and County, shall make all the appointments provided by this Charter to be Article XVI, Miscellaneous 169 made by him, and all the persons so appointed shall thereupon qualify as in this Charter provided, and shall take office at the hour of noon on the first Monday after the first day of January in the year nineteen hundred, and all boards, commissions and officers of the City and County holding by appointment under existing laws shall hold office no longer than said last aforesaid time. Balances in the Several Funds to Be Transferred to Their Successive Funds Under the Charter. Sec. 37. The balance remaining in the School Fund at the time this Charter takes effect shall forthwith be transferred to the Common School Fund created by this Charter. The balance re¬ maining in the Library Fund at the time this Charter takes effect shall forthwith be transferred to the Library Fund created by this Charter. The balance remaining in the Park Improvement Fund at the time this Charter takes effect shall forthwith be trans¬ ferred to the Park Fund created by this Charter. The balance remaining in the Unapportioned Fee Fund at the time this Char¬ ter takes effect shall forthwith be transferred to the Unappor¬ tioned Fee Fund created by this Charter. The balance remaining in the Police Relief and Pension Fund at the time this Charter takes effect shall forthwith be transferred to the Police Relief and Pension Fund created by this Charter. The balance remaining in the Surplus Fund at the time this Charter takes effect shall forth¬ with be transferred to the Surplus Fund created by this Charter. The balance remaining in the Special Deposit Fund at the time this Charter takes effect shall forthwith be transferred to the Special Deposit Fund created by this Charter. The balance re¬ maining in the General Fund at the time this Charter takes effect, the balance remaining in the Street Light Fund at the time this Charter takes effect, the balance remaining in the Street Depart¬ ment Fund at the time this Charter takes effect, the balance re¬ maining in the Police Contingent Fund at the time this Charter takes effect, the balance remaining in the Pound Fee Fund at the time this Charter takes effect, and the balance remaining in the Special Fee Fund at the time this Charter takes effect, shall each and every of them be forthwith transferred to the General Fund created by this Charter. Out of the said General Fund shall be paid, as in this section hereinafter provided, all the ex¬ penses of the various departments of the City and County, except such expenses as are by this Charter to be paid out of the Funds specifically provided for the payment of such expenses. For the six months ending on the thirtieth day of June, in the year nine¬ teen hundred, each and every of said departments shall expend the moneys set apart to each of them by the Board of Supervisors of the existing municipality. So much of said moneys set apart by said Board of Supervisors to the Superintendent of Public Streets, Highways and Squares for the fiscal year ending on said 17(1 Charter of the City and County of San Francisco thirtieth day of June, in the year nineteen hundred, as shall re¬ main unexpended at the time this Charter takes effect, shall be expended during said six months by the Board of Public Works in the operations of the department committed to its charge. All the expenses of the City and County which are not to be paid out of specific funds shall be paid during said six months out of the General Fund. Should the moneys set apart by the Board of Supervisors of the existing municipality to any department of the City and County become or be exhausted at any time during said six months, or should any department created by this Char¬ ter have no money specifically provided for it during said six months, then in each such case the expenses thereof shall be paid out of the General Fund, notwithstanding anything contained in sections six and seven of Chapter I of Article III of this Charter. Such pensions as may accrue to firemen under Article IX of this Charter during said six months shall be paid out of the General Fund. The existing municipality mentioned in this section is the existing municipality of the City and County of San Fran¬ cisco, and the several funds which are to be transferred as in this section provided are funds of said existing municipality. All the funds of said existing municipality not mentioned in this sec¬ tion, and which are authorized by law, shall be continued in the treasury until the necessity for their continuance ceases. Balances of Unnecessary Funds. Sec. 38. When the necessity for maintaining any Fund of the City and County in existence at the time this Charter takes effect has ceased to exist, and a balance remains in such Fund, • the Supervisors shall so declare by ordinance, and upon such declara¬ tion such balance shall be forthwith transferred to the General Fund. 171 SCHEDULE. Publication of Charter, and Ratification at Special Election. This Charter shall be published for twenty days in The San Francisco Call and in the Daily Report, daily newspapers of general circulation in the City and County of San Francisco, and after such publication, viz: on Thursday, the twenty-sixth day of May, in the year one thousand eight hundred and ninety-eight, it shall be submitted to the qualified electors of said City and Coun¬ ty of San Francisco, at a special election which shall be held on that day, for the sole purpose of voting upon the adoption of the same; and if a majority of the qualified electors of said City and County voting at said election shall ratify the same it shall be submitted to the Legislature of the State of California for its ap¬ proval or rejection. Tf the Legislature shall approve the same, it shall take effect and be in force, except as hereinafter otherwise provided, on and after the hoar of noon on the first Monday after the first day of January, in the year nineteen hundred, and shall thereupon become the Charter and organic law of the City and County of San Francisco, and shall supercede the existing Char¬ ter of said City and County, and all amendments thereof, and all laws inconsistent with this Charter. The form of ballots at said election shall be as follows: For the New Charter, YES. For the New Charter, NO. For the sole purpose of the election of the officers directed in this Charter to be elected by the people, this Charter shall take effect on and after its approval by the Legislature, and the elec¬ tion of such officers shall be managed, conducted and controlled by the Board of Election Commissioners in and for said City and County in office at the time of such election. And for the sole other purpose of the Mayor elected under this Charter making the appointments provided in this Charter to be made by him, and of the qualification of the persons so appointed, this Charter shall take effect on the first day of December, in the year one thousand eight hundred and ninety-nine. Be It Known, That the City and County of San Francisco, con¬ taining a population of more than two hundred thousand inhabit¬ ants, on the twenty-seventh day of December, in the year 3 ne thou¬ sand eight hundred and ninety-seven, and under and in accordance with the provisions of Section 8, of Article XI, of the Constitu¬ tion Gf this State, did elect the undersigned a Board of Fifteen Freeholders, to prepare and propose a Charter for said City and County: and we, the members of said Board, in pursuance of such provisions of the Constitution, and within a period of ninety days after such election, have prepared and do propose the fore¬ going, signed in duplicate, as and for the Charter for said City and County of San Francisco. 172 Charter of the City and County of San Francisco In Witness Whereof, we have hereunto set our hands in dupli¬ cate, this twenty-fifth day of March, in the year one thousand eight hundred and ninety-eight. JOSEPH BRITTON, President, JEROME A. ANDERSON. JAMES BUTLER, H. N. CLEMENT, A. COMTE, Jr. ALFRED CRIDGE, L. R. ELLERT, ISIDOR GUTTE, p. h. McCarthy, JOHN NIGHTINGALE, Jr. JOHN C. NOBMANN, JOSEPH O’CONNOR, LIPPMANN SACHS, EDWARD R. TAYLOR, A. W. THOMPSON. Attest: J. RICH’D FREUD, Secretary. State of California, City and County of San Francisco. This is to certify that we, James D. Phelan, Mayor of the City and County of San Francisco, and Thomas J. Glynn, County Re¬ corder of said City and County, have compared the foregoing pro¬ posed and ratified Charter with the duplicates mentioned therein, and find that the same is an exact copy thereof; and we further certify that the facts set forth in the preamble preceding said Charter herein are true. Dated, San Francisco, Cal., December thirtieth, eighteen hun¬ dred and ninety-eight. JAMES D. PHELAN, Mayor of the City and County of San Francisco. THOS. J. GLYNN, County Recorder of the City and County of San Francisco. INDEX A Section or Subdivision Page ABSENCE, salary not to bo allowed for. 33 168 Sixty days from the State, when permitted. 3 162 ACCOUNTS, Auditor the custodian of. 1 37 Auditor to examine and settle. 10 32 Investigation of, by Supervisors. 3-4 14 Method of keeping in Auditor’s office. 3-4 37 Public utilities, how kept. 16 147 . Treasurer to keep-each separately. 2 39 ACQUISITION OF PUBLIC UTILITIES (See Public Utilities). ACTIONS, against City for injuries.. 5 By City Attorney, when. 2 47 By District Attorney, when.. 2 48 Civil Service provisions,.violation. 20 152 For recovery of public property. 4 2 Police Court, who to conduct in. 2 52 To condemn property for public use. 12 11 ADVERTISING, contract for supplies. 1 20 Delinquent tax list. 2 21 For stationery supplies. 3 22 For surrender of outstanding bonds. 7 29 Franchises for street railways. 6 15 Official newspaper for, charges, etc. 2 20 Sale of personal property. 33 13 Soliciting proposals for public work. 15 62 ALMSHOUSE, under charge of Board of Health. ... 3 135 AMBULANCE SERVICE, charge Board of Health... 3 135 ANIMALS, prevention of cruelty to. 19 11 Prevention of, running at large. 8 10 AMENDMENTS, to Charter by majority vote, when. 22 7 To Charter, how proposed by the people. 22 7 APPOINTMENT, of boards, commissions, and offi¬ cers (see under appropriate titles). Of clerks, deputies, and employes (see under ap¬ propriate departments). By Mayor of all officers not otherwise specified. . 4 36 By Mayor under Charter, when to be made. 36 168 Of additional deputies, etc., when and how. 35 168 Of all municipal officers, to be in duplicate. 22 165 Of interpreters in Superior Court. 1 47 Of laborers, by priority of application. 5 149 Of successors to officers removed. 18 165 Sex to be disregarded, when.. 9 150 Temporary, limited to sixty days. 10 150 Under Civil Service provisions. 11 150 APPORTIONMENT OF TAXES. 11 26 174 INDEX. Section or Subdivision Page APPROPRIATIONS, money to be drawn only by. ... 6 25 Warrants drawn only upon unexhausted. 7 25 Weekly statements of unexpended balances. 10 26 ART, WORKS OF. acceptance and location. 10 156 ASSESSMENT, district, for street improvements. ... Ordinances levying. 11 76 13 5 Street improvements, limit to. 8 71 Street improvements, how levied. 9 72 Street improvements, warrants for. 12 76 ASSESSOR, election, at what time. 1 138 Election, qualifications, term, salary. 1 43 Deputies, clerks, assistants, and salaries. 1 43 To assess property as prescribed by law. ASSISTANTS (see under appropriate titles or de- 2 44 partments). ATTORNEY, City and County (see City Attorney). District (see District Attorney). Special for Auditor. Special for Sheriff. Special for Tax Collector. AUDITOR, accounts of, how Kept. Adjust accounts of officers monthly. Allowance for special attorney. Annual estimate of city’s necessities and income Approval of ordinances appropriating money. ... Audit demands for street work.. .. Certificate of, on contracts over $250. Countersign demands on treasury. Deduct from salaries for absence. Deliver licenses to Tax Collector. Demands not allowable, when. Demands on treasury to be audited by. Demands, action in order of registration. Deputies, clerks, assistants, and salaries. Election of Auditor, at what time. Election, qualifications, term, salary. Endorse 11 Allowed” on approved demands. Examine claims for mileage fees, etc. Furnish blank receipts to officers. Have custody of 1 ‘ Duplicate ’ 1 receipts. Head of Finance Department of City. Joint custodian of public funds. Keep official register of demands. Salary of, audited'by Mayor. School Fund, segregation annually for salaries. .. To fix rate of interest on deposits. "Weekly statements of unexpended balances. B BAGGAGE, transportation of. BAIL BONDS, custody of. BAILIFFS, for Police Court.. BANKS, deposit of public funds in, 2 37 2 51 3 45 3 37 8-9 31-32 2 37 2 24 3 37 16 92 10 26 2 39 6 38 5 45 5-6 38 3 37 8 39 2 37 1 138 1 37 7 38 11 32 5 31 4 42 1 37 3 42 8 39 13 33 9 105 2 39-42 10 26 7 10 5 54 14 55 2 39-42 INDEX. 175 Section or , Subdivision Page BEQUESTS, Public Library. 3-4 112 Public Parks. 8 155 Public schools. 12 106 BIDS (see also Contracts). Cleaning and sprinkling streets . 29 85 Franchises for street railroads.. 6 15 Printing delinquent tax list. 2 21 Stationery for public offices. 3 22 Supplies in general. 1 20 BILLS, (see Ordinances). BOARD OF EDUCATION,- ^see under Schools). BOARD OF ELECTION COMMISSIONERS (see un¬ der Elections). BOARD OF EQUALIZATION, officers of, etc. 2 14 BOARD OF FIRE COMMISSIONERS, (see under Fire Department.) BOARD OF FIRE PENSION FUND COMMISSION¬ ERS, (see under Fire Department). BOARD OF FREEHOLDERS, certification, new Charter . 172 BOARD OF HEALTH, (see under Health Depart¬ ment). BOARD OF PARK COMMISSIONERS, (see Park Commissioners). BOARD OF PLAYGROUND COMMISSIONERS, (see under head of Playground Commission¬ ers). BOARD OF POLICE COMMISSIONERS, (see under Police Department). BOARD OF POLICE PENSION FUND COMMIS¬ SIONERS, (see under Police Department.) BOARD OF PUBLIC WORKS, (see under Public Works). BOARD OF SUPERVISORS, (see under Super¬ visors). BOARDS, DEPARTMENTS, etc., seals for. 23 12 BLOCK, defined. 26 83 Subdivision of. 28 84 BONDS, additional, may be required. 5 16 L Bail and appeal. 5 54 Deputies, etc., may be required to give. 7 161 Examination of, by Supervisors. 3 14 Liability of officers upon. 6 161 Official, amounts of. 2 160 Official, approval, execution, record of. 1 160 Premium on, to be paid by City and County. 2 160 Public buildings and improvements. 29 166 Public utilities, acquisition of. 4-13 141-6 Public works, officers and employes under. 4 57 Public works, contractors under. 15 62 Redemption of outstanding. 7 29 176 INDEX. Section or Subdivision Page BONDS (Continued). Sureties on, number of, worth of, etc. 3-4 161 Tax for payment of. 12 146 BOOKS AND RECORDS, open to public. 13 164 Transfer of, when Charter takes effect.. 12 164 BOULEVARDS, designated by Supervisors. 25 12 Control of by Board of Public Works. 9 59 Railroad franchises on. 6 15 BOUNDARY, of City and County. 2 1 BUDGET, annual, prepared by Supervisors. 3 24 Contents and action on. 3 24 Veto of any item by Mayor.. 4 24 BUILDINGS, construction of, supervision. 5 60 Construction and repair of public. 6 60 Contracts for lighting public. 6 23 Moving, permits for. 1 59 Municipal, may be acquired or constructed. 29 166 Wooden, restriction within certain limits. 5 10 BUSINESS, exemption from license taxes. .. 15 11 C CARRIAGES, hackney, regulation of. 7 10 CARRIERS, regulation of. 7 10 CARS, danger from, regulations to avoid. 27 12 Permits for running temporarily. 3 9 Regulation of, in streets. 27 12 CENSUS MARSHALS, school. 7 105 CERTIFICATES, (see Official Receipts). CHARGES, electric power or lighting, regulation of. . 7 17 Fixing of, not otherwise provided. 17 11 CHARTER OF CITY AND COUNTY, approval of, by the Legislature. 171 Certification of, by Freeholders. 171 Publication of. 171 Special election upon. 171 Supersedes what laws. 171 Terms of appointed officers terminate, when.... 36 168 When, becomes operative. 171 When officers first appointed, take office. 36 168 CHIEF ENGINEER FIRE DEPARTMENT, (see under Fire Department). CHIEF OF POLICE, (see under Police Department). CITY AND COUNTY HOSPITAL, (see under Hos¬ pitals). CITY AND COUNTY OF SAN FRANCISCO, Actions for or against. 4 2 Boundary of. 2 1 Charter of. 1 Employes of, under Civil Service. 11 150 Liability for damages to persons or property.... 5 2 Municipal corporation, may hold property. 1-3 1 May receive bequests and gifts. 1 1 INDEX. 177 Section or Subdivision Page CITY AND COUNTY OF SAN FRANCISCO (Continued). Public property and rights of. 3 1 Seal of, in whose custody. 7 4 CITY AND COUNTY SURVEYOR, Succeeded by City Engineer. 11 61 CITY ATTORNEY, actions, briefs, etc., record of. . . . 3 47 Assistants and clerks, salaries and qualifications. 5 48 Board of Education, conduct proceedings for. ... 8 105 Books to be delivered to successor. 4 48 Contracts’for Board of Public Works, drawn by. . 21 64 Devote entire time to duties of office.. 1 47 Duties in reference to suits. 2 47 Election of, at what time. 1 138 Election, qualifications, term, salary. 1 47 Franchises forfeited, actions to annul. 3 36 Legal advice to officers, boards, etc. 2 47 Litigation, when may settle. 2 47 Police officer on detail in office of. 5 48 Recovery of city’s money or property. 14 34 To approve bonds deposited as security for public funds . 2 39-42 CITY BOARD OF EXAMINATION, Members of, powers and duties. 6 109 CITY ENGINEER, (see under Public Works). CITY HALL COMMISSIONERS, (see under Public Works). CIVIL SERVICE, appointees, etc., list to be filed. ... 19 152 Appointments of all officers, etc., to be filed with. 22 165 Appointments, transfers, etc., notice of. 13 151 Candidates not disqualified on account of sex. ... 9 150 Chief examiner and secretary, duties and salary. 16 152 Classified Civil Service, what constitutes. 2 148 Classified service, promotions in. 8 149 Commissioners of, appointment of. 1 148 Commissioners, annual report of. 15 152 Deputies, clerks and employes exempt from. 11 150 Examinations, practical in character. 4 148 Examinations, rules, regulations. 3 148 Examinations, public, competitive and free. 4 148 Examiners for, may be appointed. 5 149 Expenses, office rooms, etc. 17 152 Laborers appointed by priority of application... 5 149 Names of candidates stricken from register. 10 150 Offices and departments under. 11 150 Police Department, governs new appointments. . . 1 121 Positions, rules governing. 9 150 Public notice of examinations. 3 148 Public notice of time, etc., for examinations. 6 149 Public Offices, Commission may investigate. 14 151 Probation of Candidates. 10 150 Prosecutions for violation of. 20 152 Purposes of, not to be defeated. 18 152 Registration of successful applicants. 7 149 Removals, suspensions, etc. 12 151 Report annually to Supervisors. 15 152 Term of office, salary, qualifications. 1 148 178 INDEX. CIVIL SERVICE COMMISSION, (see under Civil Service). CLAIMS, (see Demands). CLASSIFIED CIVIL SERVICE, (see under Civil Service). CLEANING OF STREETS, Supervisors to regulate.. Board of Public Works, special charge of. Board of Public Works, control of. CLERKS, (see under appropriate departments). CLERKS, ASSISTANTS, EMPLOYEES GENER¬ ALLY, (see Deputies). CLERK OF BOARD OF SUPERVISORS (see under Supervisors). CLOSING STREETS, (see street opening). COLLECTION, fees, percentages, etc. Licenses . Tolls for wharfage.. COMMISSIONERS AND BOARDS (see under appro¬ priate headings). COMMISSIONS (see Fees). COMMON SCHOOL FUND, (see under Funds). COMMON SEAL, for City and County. COMPENSATION, (see Salaries and Fees). CONDEMNATION, of property for public use. Private property for street improvements. CONDUITS, franchises for laying. Board of Public Works, control of. CONSTRUCTION, of schoolhouses. Sewer system. Municipal buildings, etc. CONTEMPT OF COURT, in Police Court. CONTRACTS, award of, by ordinance. Auditor to indorse certain. City work, maximum hours, minimum wages.... Countersigned by Clerk of Supervisors. Day’s labor, Board of Public Works. Deposits to be made with bids. Exceeding $250, subject to restrictions. Executed by Mayor. Executed in name of City. Fire Department, provisions governing. Let to lowest bidder. Lighting streets and public buildings. Official advertising. Officials not to be interested in. Parks, provisions governing. Penalty for aiding bidders. Printing. Progressive payments on. Proposals to be advertised. Proposals to be opened before bidders. Public work. School supplies... Section or Subdivision Page 13 11 29 85 3 59 3 30 15 11 2 95 23 12 12 10 1 86 5 15 7 60 1 110 22 12 29 166 3 53 1 20 10 26 1 20 5 23 9 60 1 20 10 26 5 23 5 23 4 127 1 20 6 23 2 21 6 162 4 153 4 23 2 21 21 64-65 1 20 1 20 14-20 61-64 2 107 INDEX. 179 Section or Subdivision Page CONTRACTS (Continued). Stationery . 3 22 Supplies, bids for separate articles. 1 20 Supplies for prisoners. 1 20 To be in writing. 5 23 COPYING, in County Clerk’s office, charges for. 3 50 Public records, price of, etc. 13 164 COPYISTS, in County Clerk’s office. 2 50 CORONER, deputies and assistants and salaries. 2 46 Duties as prescribed by law. 1 45 Election, qualifications, term, salary. 1 45 Election of, at what time. 1 138 Morgue, to have management of. 1 45 CORPORATION STORE YARD, Public Works. 32 86 Eire Department. 9 126 Materials to be kept in. 32 86 Storekeeper appointed for, duties. 32 86 COUNSEL, special (see Attorney). COUNTY CLERK, copies, charges of. 3 50 Court moneys for Special Deposit Fund. 1 30 Deputies, assistants, clerks and their salaries.... 2 50 Election of, at what time. 1 138 Election, term, salary, powers and duties. 1 50 Moneys to be paid for Law Library. 1 56 Police Court Clerks appointed by. 2 50 COUNTY JAILS, Supervisors to maintain, etc. 11 10 COURT, Justices’ (see Justices’ Court). Police (see Police Court). Superior (see Superior Court). CRUELTY TO ANIMALS, Prevention of. 19 11 CUSTODY OF PUBLIC MONEYS. 30-34 D DAMAGES, claims, when presented. 8 18 From defective streets. 5 2 DEATHS, Board of Health provide registration of... 4 135 DEFALCATION, public officers, proceedings against. 4 14 Suspensions from office for. 2 35 DELINQUENT TAX LIST, publication of. 2 21 Taxes, collected by Tax Collector. 2-3 44-45 When collected, how used. 6 29 DEMANDS, against treasury, Auditor’s approval.... 3 37 Against treasury, remaining unpaid. 6 29 Against treasury, to be specific. 7 38 Against treasury, when barred. 1 34 Against treasury in any one month. 9 25 Approval by proper board before payment. 5 33 Approval of, penalty for illegal. 11 163 Authority for, to be shown. 13 33 Cancellation of. 6 43 Common School Fund. 10 106 Damages, to whom presented. 8 18 Must specify items, date, provision in Charter. .. 5 43 INDEX. Section or Subdivision Page DEMANDS (Continued). No invalid, to be paid. 13 27 Payment of. 1 34 Persons, etc., indebted to city. 6 38 Registration of. 8 39 Revival of, when. 1 35 Salaries, etc., payable monthly. 1 35 Street work, by contractors. 12 76 To be acted upon in order. 9 25 DEPARTMENTS (see under separate headings). DEPARTMENT OF ELECTIONS (see Elections). DEPARTMENT OF ELECTRICITY (see under Elec¬ tricity). DEPARTMENT OF PUBLIC HEALTH (see under Health Department). DEPARTMENT OF PUBLIC WORKS (see Public Works). DEPOSIT OF PUBLIC MONEYS IN BANKS. 2 39-42 DEPUTIES (see under appropriate departments). Additional, how provided. 35 168 Duties of, as assigned by heads of departments.. 30 167 General qualifications necessary. 2 162 Removal of, when and how. 21 165 Salaries proportionate to actual services. 33 168 DETECTIVES (see under Police Department). DISBURSEMENT OF MONEY, authority of. 15 27 By Treasurer only. 1 30 Of school moneys. 10 106 DISTRICT ATTORNEY, assistants and clerks, sala¬ ries and qualifications. 3 49 Election of, at what time. 1 138 Election, qualifications, term and salary. 1 49 General duties, etc., of. *2 49 Police Court, conduct cases in. 2 49 Property levied upon for fines; purchase of. 4 50 Warrant and Bond Clerk, appointment of. 5 54 DRAINAGE AND SEWERS (see Sewers). DUTIES (see under separate boards and officers). E EARNINGS OF PUBLIC UTILITIES (disposi¬ tion of. 12 26-27 ELECTION COMMISSIONERS (see under Elections). ELECTIONS, governed by general laws of State.... 5 138 Management and control of. 1 137 Municipal, what officers elected at. 1 138 Municipal, when to be held. 1 138 Officers first elected under Charter, take office.. 3 139 Officers elected in 1898, retire when. 2 139 Officers of, to be under Civil Service. 4 138 Officers of, salaries, services. 4 138 Precinct registration, to be provided for. 5 138 Proclamation for municipal. 4 139 INDEX. 181 Section or Subdivision Page ELECTIONS (Continued). Special for issue of bonds, proceedings. 4-10 141-6 Special, on new Charter. 171 Special, upon acquisition public utilities. 3-4 140-1 ELECTION COMMISSIONERS. Action by initiative of the people. 20 6 Action by referendum of the people. 21 7 Action, amendments by the people. 22 7-8 Appointed by Mayor, when. 1 137 Appointment of by Mayor. 1 137 Clerical assistants, duties, compensation, etc. 4 138 Control and management of elections. 1 137 Duties of, in connection with recall. 29 8-9 Election of President of, etc. 3 138 Five members to constitute. 1 137 Provisions for precinct registration. 5 138 Qualifications, term, salary, classification of. 1 137 To abstain from political acts. 2 137 REGISTRAR OF VOTERS. Abstain from political acts. 2 137 Appointment of, term, salary, duties. 3 138 ELECTRICITY, DEPARTMENT OF, Appointment of assistants, salaries. 3 133 Chief of, qualifications, appointment, salary. 2 133 Connection with the system by citizens. 5 134 Employes of, salaries. 2 133 Fire and Police Departments to control their own systems . 4 134 Fire Alarm and Police Telegraph, in charge of. .. 1 133 Inspection and supervision of wires. 6 134 Joint commission to control, how constituted. ... 1 133 ELECTRIC LIGHT AND POWER (see Lighting). ELECTRIC LIGHT WORKS, acquisition of. 1 139 ELECTRIC POWER, charges for, regulation of. 7 17 Franchises for erecting poles or wires. 7 17 Location, quality, rates. 13-14 11 EMERGENCIES, approval of tax by all Supervisors. 13 27 Extra taxation for, when. 13 27 Schools, cases of. 3 110 EMPLOYEES, general rules governing (see Officers). In classified service (see Civil Service). Qualifications generalh r required. 2 148 Removal of, for cause and after trial. 12 151 EMPLOYMENTS, exempt from licenses. 15 11 ENACTING CLAUSE FOR ORDINANCES. 8 4 EQUALIZATION, Board of. 2 14 ESTIMATES, City’s annual expenditures. 2 24 Yearly expenses furnished by boards, etc. 1 24 EXAMINERS, for Civil Service appointments. 5 149 EXECUTION, City property levied on, purchase of.. 34 13 Of trusts confided to City. 30 13 EXECUTIVE DEPARTMENT (see Mayor, Auditor, Treasurer, Assessor, Tax Collector, Coroner, Recorder). 182 INDEX. Section or Subdivision Page EXEMPT FIREMEN, relief of. 36 13 EXPENDITURES, annual estimates by departments. 1 24 Auditor to prepare estimate of annual. 2 24 Limit of, for school purposes. 1 109 Limit of tax levy for City ’s. 11 26 Tax levy to contain specific items. 3 24 EXPENSE, definition of, in street work. 26 83 EXTENDING STREETS, (see Street Opening). F FAIR OR EXPOSITION, when permitted in parks... 6 155 FARES, power to regulate street railroad. 27 12 FEES, County Clerk, for copies, etc., of records. 3 50 Deputies, clerks, employees to receive none. 2 30 Official services. 17 11 Percentages, etc., to be paid into treasury. 3 30 Public Administrator’s. 1 50 Salaried officers to receive none. 2 30 FELONY, reward for conviction of. 21 12 FINANCE COMMITTEE OF SUPERVISORS, duties 3-4 14 Water and Light companies, examination of books . 4 14 FINANCE AND TAXATION (see Taxes and Funds). Department, Auditor the head of. 1 37 FIRE ALARM AND POLICE TELEGRAPH (see under Electricity). FIRE COMMISSIONERS (see under Fire Depart¬ ment). FIRE DEPARTMENT, appointment of members of.. 1 125 Appointments and dismissals for cause. 7 126 Chief’s Operators. 4 128 Civil Service not to apply to present members... 1 127 Companies, engine, hook and ladder, tower, etc. . 1 128 Contracts, provisions governing. 4 127 Fines on members, how deducted and applied.... 8 126 Members disabled, when allowed salaries. 3 127 Members killed, pensions to families. 5 131 Members to be engaged in no other employment: 10 126 Members of, may be pensioned when. 3-4 130-1 Members of, may be dismissed when. 2 127 Officers and employees of... 1 127 Officers and employees removed for politics. 32 168 Officers and employees to abstain from politics.. 32 167 Qualifications of appointees. 6 126 Salaries of officers and members.. 1 132-3 Supplies, how and when delivered. 9 126 Tax levy, to meet all demands of. 2 130 To be re-organized, when. 1 126 Under management of Fire Commissioners. 1 125 Vacations for firemen. 2 133 FIRE COMMISSIONERS, Abstain from taking part in. politics. 32 467 Appointed by Mayor. 1 125 Composition of, as to politics.2 125 Contracts, how to be awarded, etc. 4 127 INDEX. 183 Section or Subdivision Page FIRE DEPARTMENT (Continued). Corporation store yard. 9 126 Dismissals, when. 2 127 Estimate annually amount for relief fund... 7 132 Fire Department under management of. 1 125 Four members to constitute. 1 125 Ineligible to any elective office. 30 167 Number and duties of members of Depart¬ ment . 5 125 Organization of the Department. 5 125 Pensions to firemen, when. 3 130 Political interference cause for removal. 32 168 President and Secretary of, duties, salary.. . 4 125 Property and money for Department. 5 125 Qualifications, term, salary. 1-2 125 Those first appointed, classification. 1 125 CHIEF ENGINEER, Chief executive officer Department... 1 127-8 Operators for. 4 128 Powers and duties of.*.. 1-3 127-8 FIRE MARSHAL, appointment of and assist¬ ants . 1 129 City not liable for salaries of. 1 129 May sell property saved, when. 4 129 Powers, duties, salary. 1-5 129 Report of, when crime suspected. . .. 4 129 FIRE PENSION FUND COMMISSIONERS, meetings, records, powers, duties, pro¬ ceedings . 8-9 130-32 FIREMEN, Indigent, Exempt, appropriations for relief of. 36 13 FIREMEN’S RELIEF FUND, Condition of, reported quarterly. 8 132 Estimate of amount annually required. 7 132 Moneys to be paid into. 2 130 Payments from. 8 132 Pensions issued, when. 3-4 130-31 Pensions to families, when and how. 5 131 Under control of Fire Commissioners. 1 130 FIRE WARDENS, who constitute. 1 130 FISCAL YEAR, budget of amounts estimated. 3 24 Commences and ends when. 16 164 Revenues and expenses for each. 2 24 FOURTH OF JULY, appropriation for celebration of 18 11 FRANCHISES, existing, when declared forfeited. ... 26 166 Forfeiture of, power to declare. 6 16 Forfeited, how revoked or annulled. 3 36 Lighting purposes or electric power. 7 17 Light or water, submission to people.. . .. 21 7 No exclusive, to be granted. 5 15 Officers prohibited from being interested in. 6 162 Ordinances granted, before final action. 12 4 Postponement of final action for vote of people.. 3 36 Steam railroads, power to grant. 28 12 Street railroads, term of, etc. 6 15 Time required before renewal. 12 4 184 INDEX. Section or Subdivision Page FRANCHISES (Continued). FOR STREET RAILROADS; general condi¬ tions . 6 15-17 Bids may be rejected. 6 16 Extension or renewal of. 6 16 Highest bidder to receive. 6 15 Percentage paid to the City. 6 15 Roads owned by City at expiration of. 6 16 FREEHOLDERS, Board of; Certification of Charter.. 171 FUNDED DEBT OF CITY, liquidation of. 2 29 FUNDS, accounts of each, kept separate. 2 39 Balance of any fund ceasing to exist. 38 170 Balances remaining in existing. 37 169 Contingent, $3,600 annually for Mayor. 35 13 Deposit of moneys in banks. 2 39-42 Earnings of utilities to be transferred to certain. 16 147 Moneys remaining in certain. 5 29 No transfer from one to another. 1 28 Provision for, from January to June 30th, 1900.. 37 169 Redeeming bonds for construction of buildings.. 29 166 Special, for drainage purposes. 22 12 Surplus in certain, to pay outstanding bonds.... 7 29 Transfer of old to new. 37 169 When cease to exist. 38 170 COMMON SCHOOL FUND, Amount segregated annually for salaries.... 9 105 Consists of what. 2 110 Demands against, how paid. 10 106 Demands, approved by Board of Education. . 13 33 Emergency, additional funds. 3 110 Limit of tax for. 2 110 Money from bequests or sales of property. .. 12 106 Regulations for disbursement of. 9 105 Repairs of schoolhouses paid out of.. .. . 2 111 Residue from, not to go to Surplus. 16 27 Teachers’ salaries to be paid from. 9 105 GENERAL FUND, Consists of what. 2 28 Money received from franchises to go into. . 6 17 Payments out of. 37 169 Street improvement, what expenses paid. ... 8 71 Tearing up streets, expense of deposited in. . 9 60 Transfer of what previous funds to. 37 169 LIBRARY FUND, Consists of what. 2 28 How created and applied. 2-3 111-12 Payment upon, how ordered. 5 112 Used for what purposes. 2 28 PARK FUND. Consists of what. 2 28 Used for what purposes. 2 28 PUBLIC BUILDING FUND, Sale of bonds for, to be paid into. 29 167 SINKING FUNDS, Disposition of accumulated moneys in. 7 29 Existing, to continue how long. 2 28 Provision for. 7 29 INDEX. 185 Section or Subdivision Page FUNDS (Continued). SPECIAL DEPOSIT FUND, Used for what purposes. 4 29 SURPLUS FUND, Consists of what. 3 28-29 Used for what purposes. .. 1-2-3 28 UNAPPORTIONED FEE FUND, Consists of what. 4 31 G GARBAGE, Board of Public Works to dispose of. .. . 7 60 GAS, light and power, regulation of. 13 11 Pipes, power to regulate. 13 11 Quality of, power to regulate.. 13 11 Rates, Supervisors to fix yearly. 14 11 Works, estimate of, for what purpose made. 1 139 Plans and estimate of cost for acquisition of 1 139 Provisions for acquisition of. 139-148 GENERAL FUND, (see under Funds). GENERAL LAWS OF STATE, To govern all municipal elections. 5 138 GIFTS, for positions debars from office. 7 163 To public officers prohibited. 8 164 GOLDEN GATE PARK, (see Park Commissioners). GRADES, change of, proceedings relating to. 1-16 99-103 GROUNDS, public, (see under Park Commissioners). H HARBORS AND WHARVES, Built and repaired by Board of Public Works. . . 1 95 May be leased, but not sold. 2 95 Tolls for wharfage and dockage. .. 2 95 Under control of Supervisors. 1 95 HEALTH DEPARTMENT, General powers to regulate. 1 9 Police officers are also health officers. 3 119 Under management of Board of Health. 1 134 BOARD OF HEALTH, Appointment of physicians for City Hospital 6-7 136 Appointments of, all under Civil Service.... 5 135 Employees of, number, how determined. 11 136 Seven members appointed by Mayor. 1 134 Internes for City Hospital, appointed by. .. . 9 136 Officers and employees, appointed by. 5 135 Powers and duties of. 3-4 135 Qualifications of members of. 1 134 Registration of births, deaths, etc. 4 135 Rules and regulations adopted by... 1 134 Salaries of officers and employees. 10 136 Serve without compensation. 1 134 Term of office of, seven years. 2 135 Seven members to constitute. 1 134 Ward in City Hospital for inebriates. 8 136 18G INDEX. Section or Subdivision Page HOSPITALS, regulation and maintenance of. 11 10 CITY AND COUNTY, Internes may be appointed for. 9 136 Medical students given facilities in. 7 136 Resident physician for. 6 136 Under charge of Board of Health. 3 135 Visiting physicians and surgeons for. 7 136 Ward in, for treatment of inebriates. 8 136 RECEIVING, In charge of Board of Health. 3 135 HOURS OF LABOR, power to regulate. 24 12 I IMPROVEMENT, definition of in street work. 26 83 IMPROVEMENTS, how provided, w r hen exceed reve¬ nue of City. 29 166-67 INDEBTEDNESS, "(see under Bonds). INDIGENT, Exempt Firemen, relief of. 36 13 INITIATIVE, passage of ordinances by. 20 6-7 INSANE, temporary detention of. 10 10 INTERNES, for City Hospital. 9 136 INTERPRETERS, appointment Superior Court. 1 47 Coroner’s juries examinations. 2 46 Salaries, limit of. 20 11 Superior and Police Courts. 20 11 J JAILS, power to provide and maintain. 11 10 JOINT CUSTODY SAFE. 3 42 JUDICIAL OR LEGAL DEPARTMENT, (see sepa¬ rate offices). JUDGES, (see Justices’ Court and Police Court). Superior Court, Reporters for. 2 47 Interpreters for, payment of. 20 11 Interpreters for, when may be appointed... 1 47 JUSTICES’ COURT, chief clerk, salary. 1 51 Deputies, their salaries. 1 51 Election of, at what time. 1 138 Justices of the Peace. 1 47 Presiding Justice of the Peace . 1 47 JUSTICES OF THE PEACE, (see Justices’ Court). L. LABOR, hours and wages, public laborers. 24 12 Application for, by priority of registration.... 5 149 LANDS, City and County may be leased 32 13 Condemnation of, for new streets. 1-19 86-93 Condemnation of, for sewers. 9 94-5 Conveyance of certain, of the City. 29 13 INDEX. 187 Section or Subdivision Page LANDS (Continued). Park Commissioners control what. 1 153 Purchase of, for school purposes. 3 111 Purchase of, over $50,000. 21 7 Sale, of, proceedings for. 9 18-20 LAW LIBRARY, act of, continued in force. 1 56 Provision for maintenance of. 1 56 LAWS, power of Supervisors to enact local. 1 9 LEASE, lands for school purposes. 6 105 Power to, lands of City. 32 13 Public parks, part of, restrictions.; 6 155 School real property not needed. 11 106 Upon expiration of railroad franchise. 7 16 Wharves, provision for. 2 95 LEGAL ADVICE, City Attorney to all departments. . 2 47 District Attorney’s duty to give certain officers.. 2 49 LEGAL DEPARTMENT, (see under separate head¬ ings). LEGISLATIVE ACTS OF CITY, by ordinance. 8 4 LEGISLATIVE DEPARTMENT, (see Supervisors). LEVYING OF TAXES, (see Taxes). LIABILITIES, for injuries from defective streets.. 5 2 Not to exceed monthly proportion. 9 25 Not to exceed revenue for year. 6 25 Not to be paid from funds of another year. 13 27 LIBRARY, books and publications, purchase. 4 112 Bequests, etc., in aid of. 3 112 City property may be used for, when. 7 113 Fund, (see under Funds). Library Fund, payment out of. 5 113 Managed by twelve trustees. 1 111 Meetings and proceedings. 5 112 Powers and duties of assistants prescribed. 3 112 President, librarian and secretary. 5 112 Rules, regulations of library and branches.... 1 112 Salaries of assistants. 6 113 Tax levy for, and branches. 2 112 Trust for, administration. 2 112 Trustees of, continued in office. 1 111 Trustees to serve without salary. 1 111 Vacancy in Board of Trustees, how filled. 1 111 LICENSES, collection of, by Tax Collector. 2 44 Examination of, by Tax Collector. 4 45 Revocation of, by Tax Collector, when. 4 45 Supervisors to provide for collection of. 15 11 Tax Collector to make monthly reports on. 5 45 What may be licensed . 15 11 LIGHTING, appliances, location and quality of.... 13 11 Charges for, regulation of. 7 17 Companies, books experted by Supervisors. 4 14 Franchises for erecting poles or wires. 7 17 Franchises submitted to vote of people. 20 6 Public officers, bills for. 6 23 Rates to be established for. 14 11 188 INDEX. Section or Subdivision Page LIGHTING (Continued). Regulation of. 13 n Streets and public buildings, contracts for. 6 23 Streets under contract Board of Public Works.. 3 59 Under charge Board of Public Works. 3 59 LIMIT OP TAXATION, City and County purposes.. 11 26 LIMITS, erection wooden buildings. 5 10 LIQUOR, Police Commissioners may grant permits.. 3 115 LOST OR STOLEN PROPERTY, (see Property). M MAYOR, acquisition public utilities. 3 140 Acting Mayor, provision for. 6 37 Additional deputies, etc., may recommend, when 35 168 Appointment of deputies and their salaries. 1 35 Appointment officers not otherwise specified.... 4 36 Appointments under new Charter, when. 36 168 Approve or veto ordinances. 16 5 Audit Auditor’s salary. 13 33 Board of education, appointment. 1 103 Board of Health, appointment of seven members. 1 134 Board of Public Works, appointment. 1 57 Chief executive officer of City. 1 35 Civil Service Commissioners, appointment. 1 148 Contingent fund of $3,600 annually. 35 13 Contracts to be executed by. 5 23 Contracts to be supervised by. 3 36 Defaulting officers, action of. 2 35 Disability of, who to act as Mayor. 6 37 Duties of in connection with deposit of public funds . 2 39-42 Election Commissioners, appointment of. 1 137 Election, qualifications, term, salary. 1 35 • Election of, at what time. 1 138 Employees, removal of, when.. 3 36 Ex-Mavors entitled to seat with Supervisors... 2 3 Extra sessions of Supervisors, may call. 5 36 Eire Commissioners, appointment of. 1 125 Franchises, annulling of, action of. 3 36 Franchises, postponed for final action. 3 36 General duties and supervision of municipality. . ,2 36 Military aid, may call for, when. 2 35 Official bonds of officers, action of. 3 14 Park Commissioners, appointment. 3 153 Parts of ordinances, objection to. 13 5 Play Ground Commissioners, appointment of.... 2 157 Police Commissioners, appointment. 1 114 President of the Board of Supervisors. 5 36 Presiding officer Board of Supervisors..... 5 3 Proclamation for municipal elections. 4 139 Removal or suspension of public officers, when. . 18-19 165 Removal of appointed officers. 18-20 165 . Suspension of officers in certain cases. 2 35 Suspension of officers, when. 3 14 INDEX. 189 MAYOR, (Continued). Tax limit, approved suspension of, when. Trustee Free Library and Reading Rooms. Vacancy in office of, how filled. Veto annual budget, how and when. MEMORIAL DAY, appropriation for celebration of MILITARY AID, may be summoned, when. MISCELLANEOUS PROVISIONS OF CHARTER. . MONEYS, accounts, investigation of by Supervisors. All to be desposited daily in treasury.. Auditor’s approval for payment of. Auditor’s warrant necessary to draw. Bail, accounting of. Collections of, paid into treasury. Gold and silver, how to be kept. Outstanding bonds, for liquidation of. Remaining in certain funds, disposition of. Street railway franchises, disposition of. To be drawn by appropriations, how. MORGUE, Coroner to control and manage. Provision for by Supervisors. MUNICIPAL ELECTIONS, (see Elections). MUSEUM AND ART GALLERY IN PARK. N NEGLECT OF DUTY, suspension from office for. . . . NEW CITY HALL COMMISSIONERS, (see Board of Public "Works). NEWSPAPER, all publications to be in official... Official to be designated.. NUISANCES, abatement and removal of. Abatement of, by Board of Health. 0 OATHS, clerk of Supervisors to administer. All officers may administer. OFFICE HOURS, of public officers. OFFICERS, (see under appropriate titles). Absence from State, limitation on. Accounts of, investigated by whom. Additional deputies, provisions for. Annual reports to the Mayor. Appointments of, to be in duplicate. Appointed, when and how removed. Books, etc., to be delivered to successors. Books of, open to inspection. Bonds of, to be given. Classification of, filing of records. Compensation limited to salaries only. Compensation for positions, etc., not allowed. . . . Copies of records, etc., price for certified. Section or Subdivision Page 13 27 1 111 4 36 4 24 18 18 2 36 162-169 3-4 14 17 164 3 37 6 25 5 54 1 30 3 42 7 29 5 29 6 15 6-7 25 1 45 9 10 6 134 2 35 25 166 2 21 6 10 4 135 7 4 24 166 14 164 3 162 3 14 35 168 9 163 22 165 18 20 165 12 164 13 164 1 160 23 165 2 30 7 163 13 164 190 INDEX. Section or Subdivision Page OFFICERS (Continued). Defalcations or misdemeanors, proceedings. 4 14 Default of, actions regarding. 14 34 Employees of, number bow limited. 5 162 Elected in 1898, to retire when. 2 139 Election of, when, under new Charter. 1 139 Eligibility for public. 15 164 Fees, etc., to be paid into treasury. 3 30 First elected under Charter, take office when.... 3 139 Gratuities, penalty for accepting. 8 163 Liability of, for illegal payments. 11 163 Mileage fees, etc., report of. 11 32 Monthly reports of all official receipts. 9 32 Moneys collected by, to be paid into treasury.... 1 30 Not to hold other salaried offices. 4 162 Oaths, power to administer... 24 166 Office hours. 14 164 Official seals for, to be provided. 23 12 Penalty against, for false certifying. 4 23 Penalty for favoring bidders. 4 23 Penalty for interest in contracts, etc. 6 162 Penalty for not depositing funds collected. 17 164 Penalty for holding two salaried offices. 4 162 Recall of elected... 23 8-9 Removal of deputies of, when and how.'. 21 165 Salary withheld from, for not making returns.. 6 38 Supervision of official conduct of, by Mayor. ... 2 35 Supplies for, how limited. 5 162 Stationery for, not to contain printed names of 3 22 Suspension of. 3 14 Suspension of, by Mayor, when. 2 35 Suspension and removal of. 18-19 165 Terms of, after Charter takes effect. 36 168 Vacancies in office of. 10 163 Violation of duty, report to Mayor. 3 36 OFFICIAL NEWSPAPER, (see Newspaper). OFFICIAL RECEIPTS, consist of what. 6-7 31 Action upon, etc. 8-10 31-32 Auditor to be furnished with. 5 31 Official reports, annual of each department. 9 163 ONE-TWELFTH ACT, reference to. 9 25 OPENING OF STREETS, (see Public Works). ORDINANCES, acquisition of municipal buildings.. 29 166 Amendment and re-enactment of. 10 4 Approval of Mayor, how valid without. 16 5 Board of Public Works. 9 59 By petition of electors. 20 6-7 By petition, how amended or repealed. 20 6^7 Citation of, in presenting demands. 13 33 Closing of streets. 27 84 Condemnation of private property. 9 94 Contraction of sewers. 6 94 Deposited with Clerk of Supervisors. 17 6 Enacting clause of. 8 4 Existing in force under new Charter. 28 166 INDEX. 191 Section or Subdivision Page ORDINANCES (Continued). Final passage of . 12 4 Final vote by ayes and noes. 9 4 Franchises, granting before final action. 12 4 Franchises for street railways. G 15 Government of parks, squares and grounds.... 5 154 Health, enforced by Board of Health. 4 135 Improvement of streets. G 82 Lease of City lands. 32 13 Lease of railroad franchises. 7 17 Legislative acts of the city. 8 4 Majority of Supervisors necessary to adopt. 9 4 Mayor to enforce. 2 35 Mayor may object to a part of. 14 5 Must be presented to Mayor for approval. 16 5 Park Commissioners may pass certain. 5 154 Publication of all. 2 21 Publication of certain . 13 5 Repeal of . 18 6 Repeal of, for street improvements. 27 166 Revival of claims. 1 35 Special elections for issue of bonds. 7-8 143 Submission to vote of the people. 21 7 Supervisors’ power to pass. 1 9 Suspension tax limit, approval Supervisors. 13 27 Title of to embrace entire subject. 11 4 Violation of, jurisdiction Police Court. 2 52 Violation of, penalties for. 16 11 When to take effect. 15 5 OUTSIDE LANDS, what constitute. 1 153 P PARK COMMISSIONERS, appointed by Mayor.... 3 153 Appointment of superintendents, surveyors, engi¬ neers, etc. 6 154 Appropriations for parks, etc., to be expended by 6 154 Bequests and donations for parks. 8 155 Classification of. 3 153 Contracts, provisions to govern. 4 153 Exclusive control of parks, squares. 6 154 Fair or exposition, when may be permitted. 6 154 Lands under control of. 1 153 Lands may be set apart for playgrounds. 9 159 Lease of plot for State of California. 9 156 Lease of any part of parks, restriction upon. 6 154 Museum and Art Gallery, under control of. 6 154 Number of members of. 3 153 Ordinances for park government, adopted by.... 5 154 Park Fund, consists of what. 2 28 Park Fund, used for what purposes. 2 28 Park Police. 7 155 Park funds, disbursement of. 6 154 Place of detention for persons arrested. 7 155 Present Commissioners succeeded by. 2 153 President and Secretary of. 4 153 192 INDEX. Section or Subdivision Page PARK COMMISSIONERS (Continued). Salaries of employees, to be fixed by. 6 154 Street sweepings for benefit of parks. 4 10 Tax for support of public parks. 11 157 Term of office of, four years. 3 153 To receive no compensation. 3 153 Works of art, acceptance and location of. 10 156 PAVEMENT, patent, prohibited . 26 83 PAYMENT OF CLAIMS. 1 34 PENSIONS, (see Firemen’s Relief Fund). (See Police Relief and Pension Fund). PERCENTAGE, electric power or lighting returns.. 7 17 Receipts from franchises granted upon condition. 6-7 15-17 PERMITS, Pawnbrokers, peddlers, etc. 7 117 Sale of liquors less than quart. 3 115 PETITIONS, by electors, how procured. 20 6-7 Lease of railroad franchises, submission to vote. 7 17 Passage of ordinances by electors. 20 6-7 PIPES, laying in streets, Board of Public Works.... 1 59 PLAYGROUNDS, management of. 1-10 157-159 PLAYGROUND COMMISSIONERS. Appointment of by Mayor . 2 157 Donations, may receive. 6 158 Organization of. 3 157 Police detail for. 7 159 Powers of. 5 158 Rules of. 4 158 Secretary of, duties of.*. 10 159 Terms and qualifications of. 2 157 POLES AND WIRES, light or power transmission.. 7 17 PHYSICIANS AND SURGEONS, City Hospital. 6-7 136 POLICE COMMISSIONERS, (see under Police Dept.) POLICE COURT. Attorneys practicing in, must be qualified.... 16 56 Bondsmen in actions in .. 7 54 Calendar of arrests for. 13 55 Clerks, appointment, salaries. 2 50 Clerks, duties. 10 55 Concurrent jurisdiction with Superior Court. 2 52 Contempt of Court, in. 3 53 County Clerk, to act as clerk of. 1 50 Creation of. 1 52 Demurrers to complaint. 4 53 Dismissal of cases restricted. 1 53 District Attorney to prosecute all actions in.... 2 49 District Attorney to conduct cases in. 4 53 Divided into departments. 1 52 Election, qualifications, terms, salaries. 1 52 Exclusive jurisdiction of what... 2 52 Four judges to constitute. 1 52 Judges, election of, at what time. 1 138 Judges, powers equal to Justices of Peace. 2 52 Judges, term of those elected in 1898. 17 56 INDEX. 193 Section or Subdivision Page POLICE COURTS (Continued). .Jurisdiction of. 2 52 Justices of Peace may preside in, when. 12 55 Police officers to attend as bailiffs. 14 55 Presiding judge of.i. 1 52 Prosecuting attorneys for. 4 54 Right of appeal, when lost to defendant. 2 52 ' Rules to govern proceedings. 3 52 Seal of. 23 12 Statement on appeal, Judge to settle. 2 52 Stenographers, appointment, compensation, etc.. 11 55 Trial of cases, in what order. 5 53 Trial of cases, prompt and speedy. 6 53 WARRANT AND BOND CLERK. Appointment of and duties. 5 54- Authority to issue bail bonds. 5 54 Deputies and salaries. 5 54 Penalty for not keeping office open. 7 54 Penalty for receiving bail money by ethers.. 8 54 Office of, to be kept open continuously. 5 54 Release of prisoners, contempt. 6 54 Release of prisoners, power. 5 54 Subject to order of Police Judges, when. ... 6 54 POLICE DEPARTMENT, Appointments regardless of politics or religion. . 3 114 Civil service to govern new appointees only. 1 12.1 Consists of what. 1 113 Dismissals, trial how conducted.. 3 119 Fines, limit to amount. 2 119 Matrons, appointment of.*.. 6 116 Members of, qualifications, age, character. 3 114 Officer detailed for City Attorney’s office. 5 48 Officers and employees to abstain from politics. . 32 167 Organization of. 1-2-3 113 Penalty for political interference. 32 167 Present members continued. 1 121 Promotions, how made. 1 119 Rewards for heroic conduct. 8 123 Tenure of office during good behavior. 2 113 SUBORDINATE OFFICERS OF. 1-6 117-18 Captains, number, duties. 2 118 Corporals, number, duties. . 5 118 Detective sergeants, number, salaries, duties. 6 118 Lieutenants, number, duties. 3 118 Sergeants, number, duties. 4 118 POLICE COMMISSIONERS, Appointment, dismissal of members of Dept. 1 114 Appointment of Chief of Police. . .. . 1 111 Appointment of surgeon, salary. 7 110 Appointed by Mayor. 1 114 Classification of. 2 114 Four Commissioners to constitute Board.... 1 114 General powers of. 1-7 115 Ineligible to any elective office, when. 30 167 Management of department. 1 114 Must abstain from party politics. 32 167 194 INDEX. POLICE COMMISSIONERS (Continued). Permit for certain sales of liquor. Political interference, cause of removal.... Present Commissioners, succeeded by. President, Secretary, duties, proceedings.. .. Qualifications, term, salary. Restriction as to political party. Rules and regulations for government. Special officers, appointment of, when. Unclaimed property, care and sale of. CHIEF OF POLICE, Appointment, term, salary. Calendar of arrests. Control, manage and direct Police force.... Detectives, detail, number, salary, etc. Execution of laws and process. Fund for contingent expenses. Office books and regulations. Parks, squares and grounds, detail. Pawnbrokers, peddlers, etc., supervision over Playgrounds, detail for. Police Court, detail to attend. Powers and general duties of. Powers of Sheriff, when. Subpoenas, detail to serve. Suspension temporarily of policemen. POLICE FORCE, Appointment, present and future. Command of, by Mayor in certain cases. . .. Health officers by virtue of office. Parks and public grounds. Places of amusement, etc. Proportion to inhabitants.. POLICE RELIEF AND PENSION FUND, Aged and infirm, retirement. Annual report of, by Auditor. Commissioners of . Condition of, reported quarterly. Death of member, return of certain amount. Deficiency, how provided for. Disabled members, when may be pensioned. Estimate of amount annually required. Moneys to be paid into. Payments from . Pensions issued, when. Pensions to families, when and how. Proceeds from sale of certain property. Surplus of, how applied annually. Treasurer retain $2 monthly for. Trustees of, to be Police Commissioners. POLICE JUDGES, (sec Police Court). Section or Subdivision Page 3 115 32 167 3 114 4 114 1-2 114 2 114 2 li5 4 115 5 115 1 .110 13 55 1 116 6 118 3 116 6 117 4 117 7 155 7 117 7 159 5 117 1-7 116-117 2 116 24 166 1 116 1 119 2 36 3 119 7 155 12 124 1 119 2 121 13 124 9-10 123 9 123 6 122 13 124 2-3 121-22 7 123 ii 124 9 123 2-3 121 4-5 122 3 121 13 124 9 123 1 121 POLICE LAWS, power to make and enforce. 1 9 POLICEMEN, (see under Police Department). POLICE OFFICERS, (see under Police Department). INDEX. 195 Section or . Subdivision Page POLICE BELIEF AND PENSION FEND, (see under Police Department). POUND, public, regulation of. 8 10 POWERS OF OFFICERS, (see under separate officers). PRECINCT REGISTRATION. 5 138 ‘ PRINTING, contracts for . 3 22 Delinquent Tax List . 2 22 PROCLAMATIONS, municipal elections . 4 139 PROGRESSIVE PAYMENTS may be made on con¬ tracts . 21 64-65 PROMOTIONS, based upon merit, service, etc. 8 149 PROPERTY, levied upon, may be purchased, when. . 34 13 Personal, of City, may be sold. 33 13 Power to condemn . 12 11 Valuable, taken, to be deposited with Treasurer. 5 121 Vested in City and County. 3-4 1-2 UNCLAIMED OR STOLEN, May be returned to accused, when. 2 120 May be sold, when. 3 120 Property Clerk have custody of. 1 120 PROPERTY CLERK, appointment of, and salary. ... 5 117 Custody of certain property. 1 120 Money to be returned to accused, when. 2 120 Valuable property to be deposited. 5 121 PROPOSALS, (see also Contracts). Fire Department, provisions governing. 4 127 Penalty for collusion. 18 63-64 Public work . 15-17 63 Supplies, stationery, drugs, etc. 1 20 PUBLIC ADMINISTRATOR, Moneys of, for Special Deposit Fund. 4 29 Election of, at what time. 1 138 Election, term, compensation, powers, etc. 1 50 PUBLIC BUILDING FUND, (see under Funds). Lands, (see under Lands). Moneys, (see under Moneys). Property, (see under Property). PUBLIC BUILDINGS, Cleaning of, by Board of Public Works. 3 59 Construction of, when exceeds revenue of City. . 29 166-67 Lighting of. 6 23 PUBLIC INSTITUTIONS, (see under appropriate titles). Supplies, drugs, subsistence, etc. 1 20 PUBLIC LIBRARY AND READING ROOMS, (see under Library). PUBLIC SCHOOLS, (see Schools). PUBLIC UTILITIES, Accounts of, books to be kept. 16 147 Acquisition of lands for water works. 15 147 Acquisition of, submission by Mayor to people. . 4 141 Acquisition of, submission to vote of people. 3 140 196 INDEX. Section or Subdivision Page PUBLIC UTILITIES (Continued). Acquisition of, utilities contemplated. 1 139 Board of Public Works control and superintend. 8 60 Bonds, issue of, proceedings . 5-15 142-147 Earnings of, disposition of. .. 12 26-27 Estimates for, procured through City Engineer. . 1 139 Lease or sale of, submission to people. 21 7 Neglect of Supervisors to carry out provisions. .. 13 146 Petition for acquisition of.. 3 140 Power to acquire. 14 146 Beceipts from, accounting of. 16 147 Sale of existing, to be considered. . 2 140 Tax levy to meet interest and principal. 12 146 When cost can be paid out of annual revenue. ... 4 141 When cost exceeds annual revenue. 4 141 PUBLIC WOBKS, Penalty for collusion in bids for work. 18 64 Opening and awarding bids for work. 17 63 Begulations, of proposals for work. 16 62 Under charge of three Commissioners. 1 57 Work to be let, how. 14 61-62 BOAED OF PUBLIC WOBKS, Appointment of City Engineer. 11 61 Appointment of head for each department. . . 13 61 Advertisement for proposals for public work 15 62 Appointments of, Secretary, etc. 3 57 Appointed by Mayor . 1 57 Bids for public work, receipt and award of.. 17 63 Collection of expenses of street repairs. 9 60 Commissioners, restriction upon occupation. 1 57 Contracts for unfinished work, reletting of. . 20 64 Custody of maps, surveys, contracts, etc.... 8 58 Data, plans, estimates to be furnished by. .. 10 61 Employees, compensation, duties, bonds. 3-4 57 Excavating streets, permits for. 9 59 Expenses of, year ending June 30th, 1900.. 37 169 Garbage, disposal of . 7 60 General superintendence of what. 9 59-60 Meetings of, etc., to be public. 5 58 Penalty for collusion of bidders. 18 63-64 Powers to regulate what. 9 60 President of the Board. 2 57 Proposals for public work, details of. 16 62 Public buildings, cleaning of... . 9 60 Public utilities, present and future. 9 60 Qualifications, salary, terms. 1 57 Becord of contracts and proceedings. 6 58 Becords same validity as other records. 21 81 Secretary of, duties .•. . 6 58 Succeed certain officers . 7 58 Superintendents, engineers, employees . 3 57 Wires, pipes, conduits . 9 59 CITY ENGINEEB, Appointed by Board of Public Works. 11 61 Fees of, to be paid into treasury. 12 61 Powers and duties . 11-12 61 INDEX. 197 Section or Subdivision Page PUBLIC WORKS (Continued). STREETS, Acceptance of, when paved and improved. . . 23 82 Appeal from assessment for improvements. . 14 78 Applications for improvements, action upon. 2 67 Assessments, appeal to Supervisors. 14 72 Assessments for work, collection of. 13 77 Assessments for improvement restricted.... 8 71-72 Assessments, how made in special cases.... 10 76 Assessments not to exceed certain amount. 8 71 Assessments, returns upon warrants. 13 77 Assessments to he authenticated . 11 76 Assessments, warrants for . 12 76-77 Assessments, when contractor may sue for. . 15 79 Closing of, action necessary. 27 84 Closing of, proceedings for. 1-19 86-93 Completion of work, action thereon. 6-7 70-71 Completion of work, affidavit of contractor. . 6 70 Completion of work, assessments upon. 7 71 Crossings, etc., work how assessed. 3 67 Definitions: expense, paved, etc. 26 83-84 Definitions: street, block, improvement. 26 83-84 Excavation of, permits for . 9 59 Expense of improvements of, how borne. ... 8 71-72 Extending of, proceedings for. 1-19 86-93 General superintendence of . 9 59 Grade of, changing, proceedings for. 1-16 95-103 Improvements chargeable upon districts.... 5 70 Improvements paid for by the City ; . 2 67 Improvement of, having railroad tracks on. . 7 71 Materials for, Corporation Store Yard. 32 86 Materials for, proposals . 30 85 Objections of property owners to work on.. 4 68-69 Opening, etc., power of Supervisors, concern¬ ing . 1 86 Opening, etc., assessments, district. 7 88 Opening, etc., payment of damages. 15 91 Opening, etc., plat of district. 7 89 Opening, etc., objections of property owners. 5 87-88 Opening, etc., objections, appeal, etc. 5 87 Opening, etc., publication of notice of as¬ sessment . 13 90 Opening, etc., proceedings for condemnation. 16 92 Opening, etc., proceedings . 19 86-93 Opening, etc., duties of Board of Public Works . 6 88 Opening, etc., resolution of intention. 2-3 87 Opening new, regulations governing. 1-19 86-93 Ordinances for improving, when repealed... 27 166 Preference to hand sweeping. 29 85 Proceedings in improvements of. 3 67-68 Property owners may improve, when. 4 68 Property owners may improve, when. 19 64 Publication of notices for improvement of. . 3 67-68 Regulation of poles, tracks, wires, etc. 1 58 Repair of, collection of expense. 9 60 Repairs on streets not accepted. 16-17 79-80 Resolution of intention, action upon. 27 84 198 INDEX. Section or Subdivision Page PUBLIC WORKS (Continued). STREETS (Continued). Sewers and drains, permits for connections. 4 94 Sewers and drains, public and private. 3-6 94 Sewers, drains, etc., construction, etc. 2 93 Straightening of, proceedings for. 1-19 86-93 Sweeping and sprinkling of. 29 85 Urgent repairs upon . 30 85 Validity of records . 21 81 What are public . 1 66 Widening of, proceedings for. 1-19 86-93 Width of, at least 40 feet. 28 84 PUBLICATION, ordinances of Supervisors. 13 5 Charter in two daily newspapers. 170 Notices and resolutions, street work. 26 84 Notice of assessment change of grade. 12 100 Notices of completion of assessment. 13 90 Notices to show cause street opening. 10 89 Notices of resolution for opening streets, etc... 3 87 Notice of change of grade. 7 98 Official, in official newspaper. 25 166 Ordinances for control of parks. 5 154 Proposals for cleaning streets. 29 85 Resolutions for street improvements. 3 67 Restrictions, to, etc. 2 21 R RAILROADS, Acquisition of, by City (see under Public Utili¬ ties). Construction of, under Board of Public Works. . 1 59 Franchises for, term of years. 6 15 Franchises, lease of, submission to people. 7 17 Franchises, lease upon expiration. 7 17 Franchises, let to highest bidder. 6 15 Franchises, no exclusive granted. 28 12 Franchises, restriction upon . 6 15 Paved streets, power to compel. 28 13 Permits for laying spur tracks. 3 9 Power to regulate . 27 12 Purchase of, by City . 2 140 Rates of fare, regulation of. 27 12 To pay for street improvements, when. 7 71 Tracks of, may be used in common. 27-28 12-13 Transcontinental, when may enter City. 28 12-13 Tunnels for, may be granted. 26 12 READING ROOMS, (see Library). RECALL, of elected officials. 23 8-9 RECEIPTS, (see Official Receipts). RECEIVING HOSPITAL, (see Hospitals). RECORDER, assistants, deputies, salaries. 1 46 Custody of records, etc. 2 46 Election of, at what time. 1 138 General duties of . 2 46 Qualifications, election, term, salary.. 1 46 INDEX. 109 Section or Subdivision REFERENDUM, matters submitted to people. 21 Repeal of ordinances . 20 REGISTRAR OF VOTERS, ('see under Elections). REMOVAL, appointed officers, when and how. 18-20 Civil Service restrictions. 12 Deputies, clerks, employees, etc. 21 Elected officers, when and how. 18-19 REPORTS, all officers must render annual. 9 RESOLUTIONS, (see Ordinances). RIOTS, suppression of by Mayor. 2 REVENUE, (see also under Finance and Taxation). Amount and collection of. 14 Auditor ’s yearly estimate of. 2 Expenses not to exceed yearly. 13 Limit of, as to tax levy. 11 Not to pay expenses of previous year. 13 RIGHTS OF CITY AND COUNTY. Page 7 6 165 151 165 165 163 36 27 24 27 26 27 1 S SALARIES, (see under separate officers and depart¬ ments). Approval of heads of departments. Demands for, allowed by Auditor. Deputies proportionate to actual services. In full compensation for all services. SALE OF LAND, proceedings for . SAN FRANCISCO LAW LIBRARY, (see Law Li¬ brary). SANITARY LAWS, power to make and enforce, (see under Supervisors). SANITARY REGULATIONS, (see under Board of Health). SCHEDULE . SCHOOL DEPARTMENT, (see Schools). SCHOOL DIRECTORS, (see under Schools). SCHOOL HOUSES AND LOTS. SCHOOL TAX LEVY, (see under Schools). SCHOOLS, aggregate tax levy for school purposes.. Department comprises what . Evening . Instruction in, furnished free. Lease real property . Must be non-sectarian . Salaries of teachers, sum to be raised. Tax levy for support of. BOARD OF EDUCATION, Actions for school property. Appointed by Mayor . Approval of demands on School Funds. Bequests for benefit schools. Census Marshals, appointment of. 13 33 13 33 33 168 34 168 9 18-20 170-71 1-3 110-11 1 109 1 104 2 104 2 104 11 106 5 108 9 105 1 109-110 8 105 1 103 13 33 12 106 7 105 200 INDEX. Section or Subdivision Page SCHOOLS (Board of Education, Continued). Composed of four School Directors. 1 103 Disbursement of school money. 9 105 Employees, charges against . 5 ' 105 Extra expenditures, incurred when. 3 110 Houses, requisition on Public Works. 11 111 In charge of School Department. 1 104 Meetings, rules of proceedings, etc. 2 104 Powers in addition to general laws. 1-4 104-7 President and Secretary, term and salary.. 2 103 Qualifications, term, salary . 1 103 Repairs, etc.> how secured. ... . 2 111 Report yearly to Supervisors. 3 107 Salary roll transmitted monthly to Auditor. 10 106 Salary schedule each year. 4 107 Tax levy, annual estimate. 1 109 Teachers, appointment, salaries, promotion. 2 104 Teachers, certificates granted and renewed. . 3 104 SUPERINTENDENT OF SCHOOLS, City Board of Examination. 6 109 Deputies, appointment, qualifications, term. . 3-4 108 Deputies appointed . 2 107 Election of, at what time. 1 138 General duties . 1-6 107-8 Member Board of Education, salary. 1 107 Recommend studies and text, books. 5 108 Recommendation of measures. 3 108 Report annually to Board of Education... 2 107 Rules and regulations of Department. 1 107 Teachers’ certificates, examination for. 1-4 107-8 Visit and examine schools twice; yearly. 4 108 SEAL, City and County. 1 1 Each department to be provided with. 23 12 SEWERS AND DRAINAGE, Charge of Board of Public Works. 1 93 Construction and repair. 2 93 Control of . 2 93 Cost of, how assessed and when. 9 94 Expense of, how assessed. 2 72 Ordinances authorizing construction. 6 94 Special fund for . 22 12 SEX, to be disregarded in appointment, when. 9 150 .SHERIFF, deputies, employees and their salaries.... 2 51 Election, term, salary, powers, duties. 1 51 Election, at what time . h ... . 1 138 SIDEWALKS, (see Streets). Power to regulate use of. 2 9 SINKING FUNDS, (see under Funds). SPECIAL DEPOSIT FUND, (see under Funds). SPRINKLING STREETS, proposals for doing. 29 85 Under charge Board Public Works. 3 59 SPUR TRACKS, permits for. 3 9-10 SQUARES, (see under Park Commissioners). INDEX. 201 Section or Subdivision Page STATIONERY, contracts for. 3 22 For public officers . 3 22 How furnished to officers, etc. 3 22 Names of officers not to appear thereon. 3 22 STENOGRAPHERS, (Sec under Superior and Police Courts, City At¬ torney and Coroner). STREET RAILROADS, (see Railroads). STREETS, opening, closing, excavating, grading, etc. (See under Public Works). Use and regulation of, (see under Supervisors). Railroad spur tracks upon.. 3 10 When City is liable for injury on. 5 2 STREET IMPROVEMENTS, (see also Public Works). Limit of assessment upon property owners. 8 71-72 Opening of streets through certain property. ... 19 86-93 Owners may improve streets, when. 19 64 Performance of, by property owners. 9 74 SUBPOENAS, policemen to be detailed to serve.... 24 166 Power to issue by every officer. 24 166 SUPERINTENDENT OF SCHOOLS, (See under Schools). SUPERIOR COURT, (see Judges of Superior Court). SUPERVISORS, acquisition public utilities. 1 139 Additional deputies, etc., when authorized. 35 168 Appropriation, caused to be raised annually.... 5 25 Auditor’s extra clerks, designation of. 2 37 Ayes and noes, when taken. 3 3 Bids rejected, when. 5 23 Bonds, issue of, proceedings governing. 16 139-148 Bonds of officers, when may require additional.. 5 161 Budget of city’s expenditures. 3 24 Claims for damages against City. 8 18 Claims may be revived when. 1 35 Civil Service Commission, expenses, etc. 17 152 Clerk, assistants, appointed by Board. 1 3 Consist of eighteen members. 2 3 Constitute Board of Equalization. 2 14 Contracts for supplies, etc., to be let by. 1 20 Disbursement of public moneys. 15 27 Elected at large from City and County. 2 3 Election of, at what time. 1 138 Ex-Mayors entitled to seat in. 2 3 Finance Committee, powers and duties. 3-4 14 Franchises for street railroads. 6 15 Franchises granted by, to be forfeited, when. ... 6 15 Franchises, no exclusive to be granted. 5 15 Franchises to erect poles or lay wires. 7 17 Health ordinances, how enforced. 4 135 Journal of proceedings. 3 3 Jurisdiction over wharves of City. 1-2 95 Lands may be set aside for playgrounds. 8 159 Legislative acts by ordinance. 8 4 Legislative power vested in. 1 3 Levy and apportion taxes. 11 26 202 INDEX. Section or Subdivision Page SUPERVISORS (Continued). Library, annual tax levy, limit. 2 111 Lighting streets and buildings. 6 23 Mayor the presiding officer. 5 3 Meetings, when and where . 6 4 Member to act as Mayor, when. 6 37 Municipal buildings, provision for construction. . 29 165 Municipal revenues, amount to be fixed. 14 27 Official advertising, contracts for. 2 21 Opening and closing streets, powers in relation to 1-19 86-93 Parks, provision for support. 11 157 Payment of moneys into Police Pension Fund. . 1.1 124 Playgrounds, appropriation for. 10 159 Penalty for interest in contracts. 6 162 Power over members . 4 3 President of Board to be the Mayor. 5 37 President pro tempore, election of. 5 3 Public utilities, estimates of cost. 1 139 Public works, ordinances relating to. 9 59 Qualifications, term, salary . 2 3 Quorum, majority to constitute. 3 3 Railroad, lease of, when and how. 7 17 Real estate for public library. 7 113 Relief of indigent and exempt firemen. 36 13 Removal for neglect to enforce provisions. ..... 13 146 Removal of officers, when and how. 18-19 165 Schools, annual tax levy, xjrovision for. 2 110 Special sessions, called by Mayor. 5 36 Stationery contracts for . 3 22 Street grades, power to change.,. 1 95 Street opening, etc., power in relation to. 1 86 Support of Library. 2 111 Tolls for wharfage . 2 95 Unnecessary funds, abolition of... 4 . 38 170 Vacancy in office of Mayor, how filled. 6 37 CLERK OF BOARD, Appointment of. 1 3 Bids for proposals to be delivered to. 1 20 Clerk of Board of Equalization. 2 14 Contracts for supplies, etc. 5 23 Custody and recording of ordinances. 17 6 Custody of city stationery. 3 22 Custodian of seal of City. 7 4 Duties and powers of. 7 4 MAY PASS ORDINANCES, Animals, cruelty. 19 11 Boulevards, designation. 25 12 Cleaning and sprinkling of streets. 13 11 Contingent fund for the Mayor. 35 13 Convicts and felons, apprehension. 21 12 Drainage, general system . 22 12 Fees and charges not otherwise provided. ... 17 11 Fourth of July, appropriation. 18 11 General provision . 1 9 Hours of labor for public service. .. 24 12 Insane, detention . 10 10 INDEX. Section or Subdivision Page SUPERVISORS (Continued). MAY PASS ORDINANCES (Continued). Interpreters, payment for . 20 11 Jails, hospitals, etc., maintenance. 11 10 Lands, conveyance of certain. 29 13 Lighting, contracts for . .. 6 23 Licenses, exceptions. 15 11 Local police and sanitary laws. 1 9 Memorial Day, • appropriation. 18 11 Morgue, maintenance . 9 10 Nuisances, provisions for abatement. 6 10 Passenger vehicles, regulation and rates.... 7 10 Pipes, wires, conduits, franchises. 5 15 Pound, rules governing. 8 10 Property for public use, acquisition. 12 11 Purchase of property under execution. 34 13 Railroad fares, charges, rates of speed. 27 12 Railroads, franchises, conditions . 6 15 Railroads to enter City . 28 12 Railroad tracks, temporary and spur. 3 9 Regulate use of streets, sidewalks, etc. 2 9 Sale of certain personal property. 33 13 Sale or lease of public lands. 32 13 Seals, City, departments, courts, etc. 23 12 Sewers, flushing . 13 11 Streets, paving of by railroads. 28 13 Streets, when railroads may be operated. ... 6 15 Streets (see further under Public Works). Sweepings of streets for park. 4 10 Trusts for City, execution. 30 13 Tunnels, construction . 26 12 Unused lots, transfer to other department.. 31 13 Utilities, (see under Public Utilities). Violation of ordinances, penalties. 16 11 Water, gas, heat, light, etc., rates. 14 11 Water, heat, light, power. 13 11 Witnesses, detention. 10 10 Wooden buildings, limits restricted. 5 10 SUPPLIES, contracts for each department. 1 20 For public officers. 1 20 Limitation upon .. 1 20-21 Prison-made goods not allowed. 1 18 Schools. 2 107 Stationery, for public officers. 3 22 SUPERINTENDENT OP SCHOOLS, (See under schools). SUPERINTENDENT OE STREETS, (See under Public Works). SURETIES, on official bonds of officers. 3-5 161 (See also under Bonds). SURGEON, Police Department. 7 116 SURGEGONS AND PHYSICIANS, City Hospital_ 6-7 136 SUSPENSION, of elected officers, when and how. . . . 18-19 165 Civil Service provision. 12 151 Defalcation or wilful neglect. 2 35 204 INDEX. Section or Subdivision Page SURPLUS FUND, (see under Funds). SURVEYOR, (see under Public Works). SURVEYS, how made, etc... 11-12 61 SWEEPING AND SPRINKLING STREETS. 29 85 (See also under Public Works). T TAX COLLECTOR, Appoint attorney to collect delinquent taxes.... 3 Collection of taxes, licenses, .etc. 2 Collections to be paid into treasury. 2 Deputies and assistants, and salaries. 1 Election of, at what time.. 1 General duties of. 2 Licenses, examination of. 4 Licenses, receipts, etc., monthly report. 5 Licenses, revocation. 4 Office hours. 14 Qualifications, election, term, salary. 1 TAXES, apportioned to specific funds. 11 Budget, taxpayers to be heard. 3 Delinquent, collection of. . .. 2-3 Delinquent, publication. 2 Drainage, general system. 22 Equalization of. 2 Fire Department, levy for. 2 Increase in certain emergencies. .. 13 Levy, ordinances for. 13 Levy, to include interest and part principal. 12 Levy, when made by Supervisors. 11 Levy for all purposes, when made.. 5 Levy, limit for City’s expenses. 11 Licenses, regulations. . . 15 Police Relief and Pension Fund, levy. 11 Public Library, levy for. 2 Public parks, levy for. 11 School purposes, levy for. 1-3 TEACHERS, (see under Schools). TELEGRAPH, regulation and control. 13 Wires, posts, regulation and control. 13 TELEPHONE, regulation and control. 13 Rates for service. 14 TERMS OF OFFICERS, (see under separate officers). TEXT BOOKS FOR SCHOOLS, recommendation of. . 5 TRACKS, (see under Public Works and Supervisors). TREASURER, action, no money to pay demands.... 6 Appointment of assistants and salaries...... 1 Bags of money. 3 Demands against, when barred. 1 Demands, approval by Auditor before payment. . 3 Demands, limit in single month. 9 Demands, pay out of Unapportioned Fee Fund.. 11-12 45 44 44 44 138 44 45 45 45 164 44 26 24 44-45 21 12 14 130 27 5 146 26 25 26 11 124 111 157 110 11 11 11 11 108 43 39 42 34 37 25 32-33 INDEX. 205 Section or Subdivision Page TREASURER (Continued). Demands, payment. 5 43 Demands, payment in order of presentation. 6 43 Demands, registration of. 6 43 Disbursement public moneys, only officer. 1 30 Duplicate receipts for money. 4 42 Duties in connection with deposit of public funds . 2 39-42 Election of, at what time. 1 138 Election, qualification, term, salary. 1 39 Eees, etc., collected, to bo paid to. 3 30 File monthly and quarterly statements. 2 39 General duties of. 2 39-42 Joint custody safe, control with Auditor. 3 42 Misconduct in office, when. 2 39-42 Moneys, all to be paid to. 1 30 Moneys, all to be deposited daily. 17 164 Moneys, daily account of. 2 39-42 Moneys of funds, to be kept distinct. 2 39-42 Moneys received monthly, report. 8 31 Moneys, transfer from Unapportioned Fee Fund. 10 32 Office hours daily. 14 164 Official certificates with. 5 31 Outstanding bonds, when to pay for. 7 31 Receipts, etc., issued by. 6-8 31 TRUSTEES OF PUBLIC LIBRARY, (sec under Library). U UNAtPORTIONED FEE FUND, (see under Funds). Transfer of moneys from. 10 32 Mileage fees, to be paid out of. 11-12 32-33 UNCLAIMED AND STOLEN PROPERTY, (see un¬ der Property). UNDERWRITERS ; FIRE PATROL, (see under Fire Marshal). URGENT NECESSITIES, appropriation for. 8 25 UTILITIES, (see Public Utilities). V VACANCY, in municipal offices, what constitutes.... 10 163 In office of Mayor, how filled. 5 37 Record of, by Civil Service Commission. 19 152 L T nder Civil Sendee, how filled. 8 149 W WAGES, (see Salaries). Laborers in public service. 24 12 WARRANT AND BOND CLERK, (see under Police Court). INDEX 206 Section or Subdivision Page WATER, companies, books exported by Supervisors. 4 14 For Municipal purposes. 13 11 Franchises, submitted to vote of people. 21 7 Land, may be acquired for. 15 147 Location and quality. 13 . 11 Rates for use... 14 11 WHARVES AND HARBORS, (see under Harbors and Wharves). WIDENING OF STREETS, (see street opening). WIRES, (see under Public Works). WORKS OF ART, (see under Park Commissioners). r