The San Francisco Call. Newspaper, March 28, 1898, Page 16

16 e CHARTER FOR THE CITY AND COUNTY OF S tween the value of said lot in its en- tirety and its value as reduced in size by the appropriation of a part thereof to said public use. The expense of the improvement shall include the value of the land taken, with the improve- ments, if any, thereon, and the expense of the proceedings for its appropriation or condemnation. Sec. 8. On the day named in sald notice and upon such other days as the matter may be continued to, from time to time, the Board shall proceed to value the several parcels of land nec- essary to be taken for the purpose of the intended improvement. Such value shall be ascertained as of the time of said inquiry, independently of any ap- preciation or depreciation that may be causnd to the same by reason of suci intended improvement, and the Board shall fix such valuation as the amount to be given to the owners therefor. The Board shall also assess the bene- fits and damages which may result from the contemplated improvement of the lands within said district, and ute the total value of all s and improvements taken, to- with the damages, if any, id improvement to the ad- and the estimated cost aid improvement, in the form of an assessment upon each | and every lot of land within the dis-| trict determined to be affected by said improvement in proportion to the ben- efits which the Board shall determine will be received by said lots and lande. Sec. 9. The meetings of the Board, when engaged In making sald valua- tion and assessment, shall be public and held at the office of the Board, and all persons interested in such valua- tion and assessment shall have the ight to be present and be heard in | on or by counsel. persons | laiming a interest in the lands to be taken for said improvement, or that will be damaged thereby, are required at or during such hearing, to file with the Board, plats, and a description of | their respective lots of land. Sec. 10. In making said assessment and valuation the Commissioners shall | act Board, and said assessment | and Vi shall be authenticated luation by the signatures of said Commission- ers, and every assessment and valua- | tion so authenticated and recorded in | the Book of Assessments for Copdem- nation shall be prima facle evidence of the correctness and regularity of all the proceedings of said Board and of | the Supervisors prior to the date of| such record. | Sec. 1. In determining the valuation | of the property which is taken for said | {mprovement the Board shall in its re- | port set forth, under appropriate head- ings, a brief description of each lot f, the amount allowed for the same, the name of the owner of each lot, when known (and if unknown, that | fact shall be stated), and the name of | any claimant thereto, or to any inter-| ; and in making the assess- | nt for the expense of said improve- | ment the Board shall set forth in the ssment, under appropriate head- brief description of each lot | , the amount assessed against the person to whom said | was assessed upon the next| sessment Book of the City the owner thereof, 1f and if unknown, that fact shall be stated), and the total amount of the yense of said improvement. 12. Upon the completion of sald ation and assessment, the Board cause to be published for ten days a notice of the completion of said as- s ment and valuation, notifying all therein to examine the same; and for that purpose sald assessment, ion and map shall be opened exhibited to public inspection at office of the Board for thirty days r the first publication of said no- During said period of thirty , but not thereafter, the Board may alter, change or modify said as- sessment. Upon the expiration of said thirty days it shall complete the same in the form of a report and schedule, em cing the value of the lands taken and the essment of id value, to- gether with the expense of the im- | pre ent, as hereinbefore provided, upon the several lots of land embraced within the aforess district. Said re- and schedule shall, within sixty after the first publication of the mentioned notice, be filed in the e of the County Clerk, together with a petition signed by the President of sald Board, to the Superior Court, praying for a judgment of sald Court rming the assessment contained erein against the respective lots | ein described as assessed, and for condemnation and conveyance to | City and County, upon the payment he value thereof as ascertained by said report, of each of the lots of land | alleged in said petition to be necessarv taken for said improvement. : On filing such petition, and | application to saild Court, the| iding Judge thereof shall appoint | some day, not less than ten nor more than thirty days thereafter, as the | time when any objections to the con- firmation of sald report will be heard | by said Court. The Clerk of said Court | ghall thereupon cause to be published | for ten days in* the officlal newspaper, a notice of the filing of said report and y gned for the hearing of | s that may be made there- | Any party interested therein may | to. at any time before the day assigned for | the hearing thereof file in said Court | his objections in writing to the conflrm- | ation of the same, specifying his objec- tions; and all objections not specified shall be deemed waived. Upon the day fixed in d order said Court shall pro- ceed to the hearing of any objections that may have been filed to ‘the con- firmation of said report. Upon proof of blication of said notice said Court shall have and take jurisdiction of sald report and of the subject matter thereof as a special proceeding; and upon said day and at any other time or times to which sald hearing may be adjourned may hear the allegations of the parties and proofs adduced in sup- report, or change, alter or modify the same, or cause the same to be changed, mltered or modified by said Board. Said udgment of confirmation shall be a fen upon each lot of land described in said report for the amount assessed ngainst the same, and shall provide for the conveyance to the City and County of each and every of the lots of land declared necessary for the purpose of said improvement, upon the payment of the value thereof as fixed by such judgment. Said lien shall remain in force until said assessment is paid or legally discharged. Sec. 14. Any person who has filed objections to the confirmation of sald report may appeal from said judgment to the Supreme Court at any time with- | in thirty days after the entry of such judgment. The amount of the under- taking on such appeal shall be fixed by | d Presiding Judge, and such under- taking shall be made payable to the City and County. For the purposes of euch appeal the judgment roll of the proceedings in the Superior Court shall consist of the report, objections, judg- ment and bill of exceptions, or so much thereof as may be necessary to deter- mine said appeal. If said judgment be reversed or modified the Superior Court | shall take such proceedings as will cause said assessment and valuation to be made in accordance with the de- cision of the Supreme Court. The City Attorney shall act as the attorney for the Board of Public Works in proceed- ings under this Chapter. Sec. 15. After the confirmation of said report, if the time for appealing has expired. or if an appeal has been taken and the judgment appealed from has been affirmed, upon the application of the Board of Public Works the Clerk of the Superior Court shall issue a cer- tificate to that effect to said Board; and said assessment shall then be re- corded in the Book of Assessments for Condemnation kept for that purpose, and the record thereof signed by the President and Secretary of sald Board. The Secretary shall then deliver to the certificate of said Clerk, and a warrant to the Tax Collector directing him to collect the said assessment. The Tax Collector shall, if any part of sald as- sessment {8 not paid within twenty days after said assessment, certificate and warrant shall have been delivered to him, give notice in the official news- paper by ten days’ publication therein that he will, on a day and time certain, to be not more than ten days after the expiration of said publication, sell such of the lots of land on which the assess- ment thereon remains unpaid, describ- ing each of said lots so delinquent, to- gether with the amount of the assgess- ment and costs due on each, and shall include as part of sald costs flve per centum on the amount due on each as- sessment 80 delinquent, as and for the expenses of said sale. He shall there- upon sell such lots pursuant to such notice. Redemption may be made from such sale within the time and in the manner and on the terms as on sales made under execution as provided in the Code of Civil Procedure of this State. It any amount remain in the hands of the Tax Collector as a result of the collection of sald as- sessment beyond that necessary to make the compensation provided for in the next succeeding section, and to pay the necessary expenses of sald sale, such surplus shall be pald by him pro- portionately to those whose land has been sold as aforesald. Sec. 16. Upon the report of the Tax Collector to the Supervisors that the amount of saild assessment has been collected and paid into the treasury, the Supervisors shall order to be paid out of the treasury the sums fixed in said judgment as the compensation for the lands to be taken for said improve- ment; and upon the delivery to the Treasurer by any person entitled to re- ceive compensation for any lot of land so taken, of a conveyance of sald lot of land to the City and County, ap- proved by the City Attorney, and a certificate from the City Attorney that such person is entitled to the compen~ sation for the lands described in sald conveyance, the Treasurer shall pay to said person the amount awarded for sald lot by sald judgment of condemna- tion, after the demand therefor has been audited by the Auditor. Sec. 17. If the owner of any of sald lots or sub-divisions neglect or refuse | for ten days to make and deliver such conveyance, or be unable by reason of incapacity to make a good and suffi- cient conveyance thereof to the City and County, or if the City Attorney shall certify that the title to any of said lots is in dispute or uncertain, or that there are conflicting claimants to the amount awarded as compensation therefor, or to any part thereof, a war- rant upon the treasury for the payment of the amount so awarded shall be by order of the Supervisors drawn by the President and Secretary of the Board of Public Works, together with a cer- tificate of the Treasurer indorsed thereon that the said warrant has been registered by him and that there ars funds in the treasury set apart to pay the same, shall be deposited with the County Clerk; and thereupon, upon a petition to said presiding Judge by the President ofthesaid Board, settingforth sald facts, said Judge shall issue an order ex parte directing the Sheriff to place said Board in the possession of sald land. Sec. 18. At any time thereafter any claimant to sald award, or any part thereof, may file his petition in sald Superfor Court against all parties in interest for an adjudication of all con- | for at least five years prior to their ap- flicting claims to the same, or for an | order that the same be paid to him, and thereupon such proceedings shall relative to sewerage or drainage, upon the_amount of damage to be paid te such owners for the purpose of such improvement and for the perpetual use of sald real estate for said purposes Hec. 8. The Board may; when au- thorised by ordinance of the Bupervis- ors passed by not less than fourteeen affirmative votes, construct such sew- ers, reservoirs and pumping works as may be necessary to carry out the gen- eral system of sewerage for the City and County. Sec. 9. When, upon the recommenda- tion of the Board of Public Works, the Supervisors shall determine upon any improvement for the purpose of sewer- age and dralnage which necessitates the acquisition or condemnation of pri- vate property, and the Board is unable to agree with the owner thereof, upon the amount of compensation or dam- ages to be paid therefor, or when such owner is in any way incapable of mak- ing any agreement in reference 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, #o far as may be applica- ble, which is provided in this Article for the condemnation of real estate when necessary for the epening of any new street. CHAPTER V. Harbors and Wharves. SECTION 1 All the Wharves, Water Front and Harbor of Ban Franoisco which now belong or may hereafter be- long to the City and County, or over which it may at any time lawfully ex- ercise jurisaiction and control. shall be under the management and control of the Supervisors. All sald wharves shall be bullt and repaired by the Board of Public Works, after proceedings had 2s provided in this Article for the fm- provement or repair of public bufld- ings. gec‘ 2. The Supervisors shall by ordl- nance fix and regulate the tolls for wharfage and dockage, and shall pro- vide for the collection of the same, ex- cept where the wharves are under the furisdiction of the Board of State Har- bor Commissioners, or may provide 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. ARTICLE VIIL PUBLIC SCHOOLS AND LIBRA- RIES. CHAPTER I The Board of Education. SECTION 1. The School Department | shall be under the control and manage- ment of a Board of Education com-| posed 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 thou- sand dollars. They shall not be less| than thirty years of age and must have | been residents of the City and County | pointment. The Board shall never be | so constituted as to consist of more | than two members of the same politi- cal party. The term of office of the Di- | rectors shall be four years. Those first | | appointed shall so classify themselves | be had thereon as may be agreeable | to law and equity. Upon entry of final judgment 1in such proceeding, the County Clerk shall, after said demand has lect the warrant and pay the proceeds to the person or persons named in said judgment as entitled thereto. It shall be provided in said judgment that be- fore receiving the proceeds of said war- rant said party, or some one author- ized in his behalf, shall make and ex- edute to said City and County and de- liver to the County Clerk a sufficient conveyance of said lot of land. Im- mediately after taking possession of the land required for said street, the Board shall report that fact to the Su- pervisors. Sec. 19. If any member of the Board be interested in any of the land to be taken or assessed for such Improve- ment, the Mayor shall appoint, for the purpose of making the said assess- ment and valuation only, some compe- tent person to act as one of the Com- missioners therefor, who shall possess the same qualifications as are provided for said Commissioners, and who, be- fore entering upon his duties, shall take the oath of office required of said Commissioners, and enter into a bond for such amount as may be fixed by the Supervisors. Sec. 20. The Supervisors may, on the written recommendation of the Board of Public Works, change the grade of any street or street crossing in the manner and to the grade set out ia such recommendation; but'no grades shall be changed unless the 8ame pro- ceedings are taken by way of provid- ing compensation to those who may suffer damage by such change applicable, as are hereinbefore pro- vided in the matter of opening, straightening, widening and extending streets; and where such proceedings are not applicable they may be sup- plemented by ordinance of the Super- visors. CHAPTER IV. Sewers and Drainage. SECTION 1. The Board of Public Works shall devise a general system | tion of any person or persons employed of drainage, which shall embrace all matters relative to the thorough, sys-|and dismiss teachers; but no teacher tematic and effectual drainage of the |in the department at the time of the City and County, and’ shall from time | adoption of this Charter, or who shall port of the same, and may confirm said ! to time make to the Supervisors such | be hereafter apnointed, shall be dis- recommendations upon the subject of | missed from the sewerage and drainage as it may deem | for insubordination, immoral or unpro- proper. Sec. 2. repairing of all public sewers, man- holes, sinks, drains, cesspools, and all other appurtenances belonging to the dralnage system, and of every private drain or sewer emptying into a public sewer, and determine the place and manner of the connection. Sec. 3. The Board shall recommend to the Supervisors rules and regula- tions concerning the public and private sewers and drains in the City and County, and upon recommendation of said Board, the Supervisors are author- ized to pass an ordinance establishing the same and prescribing the penalties for any violation thereof. Sec. 4. No person shall connect with, or open or penetrate any, public sewer or drain without first obtaining a per- mit in writing from said Board, and complying with the rules and regula- tions of the Board in reference thereto. Sec. 5. The Board may also recom- mend to the Supervisors the construc- tion of such canals, sewers, tunnels, ditches, drains, embankments, reser- voirs, pumping works, machinery and other works necessary for the proper and effectual drainage of the City and County, tegether with plans for con- necting the same with sewers and pri- vate drains already constructed or thereafter to be constructed. 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 any personal property or the acquisition by purchase or condemnation of any real estate which .may be necessary for the con- struction of any sewer or the making of any improvement provided for in this Chapter. Sec. 7. The Board may, with the like approval of the Supervisors, agree with the owners of any real estate, upon Tax Collector the assessment so con- which it is deemed desirable to con- firmed and recorded, together with sald | struct any sewer or other improvement een audited by the Auditor, col- | of | Era.de, so far as such proceedings may | e | schools as provided in this Article, and The Board shall prescribe the ‘ for teaching. All promotions of teachers location, form and material to be used | shall be based solely on merit and suc- in the construction, reconstruction and | cessful teaching. Nothing in this sec- by lot that they shall respectively go | out of office at the expiration of one, | two, three and four years. 1 Sec. 2. The Board shall organize by | electing one of its number President, | who shall serve for one year and until | his successor is elected. The Board may | elect a Secretary who shall not be a | member of the Board, and who shall | recelve an annual salary of eighteen hundred dollars. 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 con- current vote of the majority of its| members 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. CHAPTER IL Schools. 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, technical, cosmopolitan, high and normal 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 IIL Powers of the 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: 1. To establish and maintain public to change, modify, consolidate or dis- continue the same as the public wel- fare may require. 2. To employ such teachers and per- sons as may be necessary to carry into effect its powers and duties; to fix, alter and approve their salaries and compensation, and to withhold for good and sufficient cause the whole or any part of the wages, salary or compensa- as aforesaid; and to promote, transfer department, except fessional conduct, or evident unfitness tion shall be construed to prevent the Board from removing teachers holding only special certificates or serving a probationary term. Charges against teachers must be formally made by the Superintendent after due investigation, and shall be finally passed upon by the Board after giving the accused teacher due hearing. 3. To grant, to renew and, for the causes mentioned in section one, sub- division two, of this Chapter, to re- voke, teachers’ certificates. 4. To establish and enforce all nec- essary rules and regulations for the government and efficiency of the schools and for carrying into effect the school system; to remedy truancy; to compel the attendance at school of children between the ages of six and fourtcen years who may be found idle in public places during school hours. 5. To investigate charges against any person connected with or in the employ of the School Department, and to take testimony in such investiga- tions. . 6. To receive, to take on lease and to hold in trust for the City and County any real estate belonging to or elaimed by the School Department. To hold in trust all personal property that may have been or may hereafter be ac- quired by the School Department. 7. On or before the first day in April in each year, to appoint School Census Marshals, and notify the Superintend- ent of Common £ 2hools of such appoint- ments. Any Census Marshal found in- competent may be discharged hy the Superintendent of Common Schools. Snould the Board fail or neglect to fill the vacancy so caused withinthreedays thereafter by the appointment of a per- son competent to perforin the dwuties of Census Marshal, such vacancy may be flled by the Superintendent of Com- mion Schools. §. To sue in the namse of the City and County for lots, lands and property. bes 1 to or claimed by the Schoul 4 efit. To prosecute and defend all actiofis at Jaw or special prosdedings or sults in equity conce ming the enjoy - ment and possession cf such lots, lands and property: To require the services of the City Attorney in all actions, sults and proceedings by or against the Board of ducatien. 9. To establish regulations for the disburséement of all moneys belonging to the Sehool Department or to the Common School Fund, and to secure strict accountability in the expenditure thereof; to provide for the prompt pay- ment, on not later than the fifth day of every month, of all salaries due and al- lowed officers, teachers and other em- loyees of the School Department. For his purpose the Auditor shall annually segregate so much of the Common School Fund as shall not exceed twen- ty-eight dollars for each pupil in av- erage dally attendance in the Publie Scheols of the City and County during the preceding fiscal year. The amount 80 segregated shall not be applied to the payment of any demand against stich Commion Bchool 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 Au- ditor on or before the first Monday in April of each year an estimate of the amount required for such segregation mtmn such limit ef twenty-eight dol- ra. 10. All demands payable out of the Commen Bchool Fund shall be flled with the Becretary of the Board of Ed- ucation, and after they have been ap- proved 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 en- dorsed upon it a certificate, signed by the Secretary, of its approval by the Board of Education, showing the date thereof, and the law authoriz- ing it by title, date and section. Every person Iin the employ of the School Department entitled to a salary therefrom shall receive a warrant for the amount due and ap- proved by the Board, signed by the President and Becretary thereof. The entire monthly salary roll of the De- partment sghall be made up by the Sec- retary of the Board, and after being duly audited by the Finance Committee thereof and approved by a majority of all the members of the Board, shall be endorsed in the same manner as other demands. The salary roll so audited, approved and endorsed, shall be imme- diately transmitted to the Auditor not later than the third day of every month for comparison with the individual sal- ary warrants {ssued in the manner above provided; but payments shall be made only on the individual warrants issued in accordance herewith. 11. To lease to the highest responsi- ble bidder, for the benefit of the Com- mon School Fund, for & term not ex- ceeding twenty years, any real property of the School Department not required for schocl purposes; but no lease shall be made except after advertisement for bids for at least fifteen days in the offi- clal newspaper and by an afiirmative vote of at least three members of the Board approved by an ordinance of the Supervisors. 12. To recelve and manage property or money acquired by bequest or dona- tion in trust for the benefit of any | s¢hool, educational purpose or school library; to carry into effect the terms of any bequest not in confifct with the general laws or this Charter; and to sell such personal property as shall no longer be required for use in the schools. All moneys realized by such sales shall be at once paid into the treasury to the credit of the Common School Fund. Sec. 2. The Board shall annually, be- fore the first day of May, make a list of supplies estimated to be required by the School Department for the ensuing fis- cal 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 IIT, of this Charter, in regard to the ad- vertising for proposals, the affidavit and security accompanying the same, the presentation and opening of propo- sals; the awarding of contracts and the security for the performance 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 School Department. Any contract made in violation of any provision of this Article shall be void. Sec. 3. The Board shall, during each year, transmit to the Supervisors a re- port in writing for the preceding fiscal year, stating the number of schools within its jurisdiction, the length of time they have been kept open, the number of pupils taught in each school, the average dally attendance of pu- pils in all the public schools, the number, names and salaries of teach- ers, the dates of their appointments and the character of the certificates held by them, the amount of money drawn from the treasury by the De- partment during the year, distinguish- ing 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 Super- visgrs or the Mayor. 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. Snpeflntendént of Schools. SECTION 1. The Superintendent of Common Schools of the City and Coun- ty shall be by virtue of his office a member of the Board of Education, without the right to vote. He shall re- celve an annual salary of four thousand dollars. - Sec. 2. TRe Superintendent shall ap- point four Deputy Superintendents. The number of such deputies shall not be increased until the average daily at- tendance shall have reached forty-five thousand, when the Superintendent shall appoint one additional deputy, and thereafter he shall appoint one deputy for each additional eight thousand children in average daily attendance. If from any cause a vacancy occurs in the office of Deputy Superintendent, such vacancy shall be filled by the Superintendent. Sec. 3. Of the Deputy Superin- tendents first, appointed, the Superin- tendent shall appoint two for two years and two for four years. All Deputy Superintendents subsequently appointed shall hold office for four years. Sec. 4. Such deputies must have had at least ten years’ successful experi- ence as teachers, and shall have been residents of the City and County at least five years preceding their ap- pointment. Sec. 5. In addition to the duties im- posed by the general laws of the State, it shall be the duty of the Superin- tendent: To observe and enforce all rules and regulations, of the Board of Educa- tion and to see that no religious or sec- tarian books or teachings are allowed in the schools. 2. To report to the Board of Educa- tion annually, on or before the twen- tieth 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. 3. To inform the Board of the con- dition of the schools, schoolhouses and of other matters connected therewith, and to recommend such measures as he may deem necessary for the ad- vancement of education in the City and County, and for the care and improve- FRANCISCO ment of the property of the School De- artment. 5 4. To visit and examine with the as- sistance of his deputies all the schools at Jeast tiviee a year and determine their standing classification. 'To ree'ommetnd rules tdcr e pg’,?;"‘,",f“’g’io‘,’,fi puplls from e !cl:’ool to sgguot, .o:ndttorvtl?: transfer and the gradual of pu 5. . To reeommiend to the Board the courdes of studlesi the text-books and books for suppleméntary use in the public schégls and the purchase of such apparatus, books, stationery and other class-room supplies as may be required in thé schools. 8. To report to the Board once a month upon the standing of schools ex- amined by him and his deputies. Sec. 6. The Superintendent and his deputies shall constitute the City Board of Examination, and shall have power: 1. To examine applicants, and to prescribe a standard of proficlency, 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, gram- mar, or high school in the City and County. b. A City certificate, grammar grade, valld for six years, which shall authorize the holder to teach any primary or grammar school in the City gnd c:‘:_;ty‘ iflcate, prii e. ty certificate, e, yalid for two years, whlcmflm thorize the holder to teach any primary school In the City and County. They shall report the result of the examina- tion to the Board of Education, and the Board shall thereupon issue to the successful candidates the certificates to which they shall be entitled. To recommend applicants for special certificates valld for a period not to exceed six years, upon such special studies as may be authorized by the Board of Education. 8. For:-immoral or unprofessional conduct, profanity, intemperance, or evident unfitness for teaching, to recommend to the Board of Education the revocation of any certificates pre- viously granted by the Board. . To recommend the granting of City certificates and the renewal thersof, in the manner provided for the granting and renewal of County cer- tificates by County Boards of Educa- | tlon in section seventeen hundred and seventy-five of the Political Code. School Tax Levy. SBECTION 1. The Board of Education shall, on or before the first Monday of April in each year, report to the Super- | visors an estimate of the amount which | shall be required during the ensuing| fiscal year for the purpose of meeting | the current annual expenses of public | instruction in the City and County, | specifying the amount required for sup- | plies to be furnished pupils, including text books for indigent children; for | purchasing and procuring sites; for | leasing rooms or erecting buildings; for furnishing, fitting up, altering, enlarg- | ing and repairing buildings; for the support of schools organized since the last annual apportionment; for the sal- ary of the School Directors, Superinten- dent, Deputy Superintendents, and all other persons employed in the School Department, and for other expenditures | necessary for the administration of the Public School System; but the aggre- | gate amount so reported for any one | year shall not exceed the sum of thirty- | two dollars and fifty cents for each pu- pil, who in the fiscal year immediately | prior thereto actually attended the | schools entitled to participate in the apportionment thereof. i Sec. 2. The Supervisors at the time | and in the manner of levying and col- | lecting other city and county taxes shall levy and cause to be collected for | the Common School Fund a tax which, | |added to the regular revenue derived | from other sources, shall produce an | amount of money which shall not ex- ceed thirty-two dollars and fifty cents for each pupil in attendance during the | preceding fiscal year, as ascertained and reported by the Board of Educa- tion. Sec. 3. In case of extreme emergency or great calamity, such as disaster from | fire, riot, earthquake or public enen’g’. | the Board of Education may, with the approval of the Mayor and Supervisors, incur extraordinary expenditures in ex- cess of the annual limit provided for In | this Charter, for the repair and con-| struction and furnishing of school| houses in place of those so injured or | destroyed. The Supervisors may, by ordinance, cause to be transferred 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 City and Coun- ty. | CHAPTER VI School Houses and Lots. SECTION 1. When any locality in the City and County {is unprovided with sufficient school accommodations, the Board of Education may, by resos lution, make a requigition 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, speclfications and esti- mates of cost for such school house. If such plans, specifications and esti- mates are approved by the Board of Education, they shall be endorsed “Approved,” with the date of such ap- proval, 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 completed in ac- cordance therewith. ‘When such school house is complet- ed, the Board of Public Works shall notify the Board of Education to ex- amine the same, and if it has been built in accordance with the plans and specifications and within the estimated cost thereof, the Board of Education shall accept and take possession of it. Sec. 2. When an-— school house, build- ing, fence or other property belonging to, or connected with, or under the control of, the Board of Education, needs repairing, altering or {improv- ing, the Board shall notify the Board of Public Works, specifying in general terms the work to done. The Board of Public Works shall cause the same to be done forth- with, if the cost thereof shall not ex- ceed two hundred and fifty dollars; otherwise the Board of Public Works shall submit plans, specifications and estimates of cost to the Board of Edu- cation for its approval, and if approved as provided in section one of this Chap- ter, the Board of Public Works shall cause the same to be done, and if done in accordance with the plans and speci- fications, and within such estimate, the same shall be accepted and shall bs paid for out of the Common School Fund. Sec. 3. When it is necessary to pur- chase 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 build- ing hereafter constructed shall have a clear space of at least ten feet around the same. g CHAPTER VII. Public Library and Reading Rooms. 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 Coun- ty, 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 Char- ct shall continye t0 mtl;:e egcfard of Trustees of Abraty and Reading o.‘I!L V! cles thereln shall be filled by sald Board: None of sald Trustees shall recelve any compensa~ ervices. ton 1orhl;rgervc rvisors shall, for . The Bupel thiec'p’\!npose of maintaining such Library and Reading Rooms such b!a.nches thereof a8 the Boar o Library Trustees may from time to time establish, and for purchasing books, journals and perlodicals, and for purchasing or leasing real and rersonal roperty, and for constructing such gmldmgs as may be necéssary; an- nually levy a tax on dll property in the City and County not exempt from taxation which shall not be lesd than one and one-half cents nor more than two and one-half cents upon each one hundred dollars assessed valuation of sald property. The proceeds of sald tax shall be credited to the Library Fund. Sec. 3. All revenue from such tax, together with all money or property derived by gift, devise, bequest or otherwise, for the purpose of the Li- brary, shall be paid into the treasury and be designated as the Library Fund and be applied to the purposes herein authorized. If such payment into the treasury should be inconsistent with the conditlons or terms of any such gift, devise or bequest, the Board shall provide for the safety and pres- ervation of the same and the applica- tion thereof to the use of the Librarvy and Reading Rooms, in accerdance with the terms and conditions of such gift, devise or bequest. Bec. 4. The title to all property, real and personal now owned or hereafter acqtired by purchase, gift, devise, be- quest or otherwise, for the purpose of the Library and Reéading 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 de- fended by actlon at law or otherwise. Sec. 6. The Board shall take charge of the Publlc Library and Reading Rooms, and the branches thereof, and of all real and personal property there- unto belonging, or that may be ac- quired by loan, purchase, gift, devise or otherwise, when not {nconsistent 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 hig successor 18 elected, and shall elect a Librarian and Secretary and such as- sistants as may be necessary. The BSecretary shall keep a full account of all property. monev, receipts and ex- penditures and a record of all its pro- ceedings. 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: 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. 2. To administer any trust declared or created for such Library and Read- ing Rooms and branches thereof, and provide memorial tablets and niches to perpetuate the memory of those per- sons who may make valuable donations tonstititte cont said Publlc Rooms; and | thereto. 3. To_ define the powers and pre- scribe the duties of all officers; deter- | mine the number of and elect all nec- essary subordinate officers and assist- ants, and for good and sufficient cause to remove any officer or assistant. 4. To purchase books, journals, pub- lcations and other personal property. 5. To order the drawing and pay- ment upon vouchers, certified by the President and Secretary, of money from the Library Fund for any lability or authorized expenditure, 6. To fix the salaries of the Librarian and Secretary and their assistants; | and, with the approval of the Super- visors, expressad 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. 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. Sec. 8. The Supervisors shall have power to appropriate and authorize the use, efther in whole or in part, of any real estate belonging to the City and County, for the purpose of erect- ing and maintaining a building or buildings thereon to be used for the Library and Reading Rooms, or branches thereof, and may appropriate the whole or any portion of any publie building belonging to the City and County for such use. S Y ARTICLE VIIIL POLICE DEPARTMENT. CHAPTER I Orgax-xga.tion. SECTION 1. The Police Department shall consist of a Board of Police Com- missioners, a Chief of Police, a Police Force, and of such clerks and em- ployes as shall be necessary to carry into effect the provisions of this Article. Sec. 2. All members of the Police De- partment shall hold office during good behavior, subject to the provisions hereinafter set forth relating to pro- motions, suspensions, dismissals and disratements. 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 so- briety, able to read and write the Eng- lish language, 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 appoint- ment 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 g{gtfirences or affiliations of any can- ate. CHAPTER II Police Commissioners. SECTION 1. The Police Departm shall be under the managemgnt o:n:. Board of Police Commissionets consist- ing of four members who shall be ap- pointed 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 eleétor of the City and County for at least five years next preceding his appointment. 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 Com- missfoners shall be four years. Those first appointed shall so classify them- selves by lot that they shall respec- tively go out of office at the expiration of one, two, thrée and four years. Sec. The Commissioners shall be successors in office of the Police Commnussioners 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. Sec. 4. The Police Commissioners shall organize by electing one of their number President, who shall hold such 7 "bu' h“l‘:l henever deen may be held wi ¢ ;:’p.::?!by the Board, The Beard shall meéet at least otice o week in the rooms ot the Pelicé Bépattment, or in case of pubiie émergency at such place as the Board may sélect. The Secretary must ep minutes of 1ts proceedlnfn and I" every case where a power ls exer- ged by the Board under this Article the ayes and noes thereon shall be en- tered therein: CHAPTER IIL Powers ;f- “the Board. SECTION 1. The Board of Pollce Commiggioners shall have power: 1. To appolnt, promote, suspend, dis- rate or dismigs any member of the De- partment In the manner hereinafter rovided. K 2. To prescribe rules and regulations for the government, discipline, equip- ment and uniform of the Department, and from time to time to alter or re- peal the same, and to prescribe penal- ties for the violatlons of any of such rules and regulations. All such rules and regulations must be reasonable. 3. To grant permits to any person desiring to engage In the sale of liquor in less quantity than one quart, and to grant permits 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 erson to whom such permit was glven s conducted in & dlwrderlg or im- proper manper. Without such permit none of such persons shall engage in the business of selling liquor. the Board refuse to grant suc t, or propose to reveke any permi that has beeh granted, the person who is re- fused such permit or whose permit it s roposed to revoke, shall be entitied to e genrd before the Board in person, or through counsel, and to have, free of charge, all reasonable facilitles 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 inspection by any member of the Department. Com- plaints to revoke permits granted by the Board must be in writing, signed by the person making the same and flied with the Secretary of the Board; and & copy thereof certifled by the Becretary must be served upon the party complained against at least five days before the time set for the hearing of the complaint. 4. At its dlscretion, upon the petis tion of any person, firm or corporation, to appoint, and at pleasure to remove, special police officers. Such officers shall be subject to ali the rules and regulations of the Board. 5. To provide for the care, restitu- tion or sale at annual public auction of all unclaimed property that may come into the possession of the Property Clerk, and to direct the destruction of such property as shall consist of im- plements, weapons, property or any other article, matter or thing used in the commission of crime. 6. To appoint Police Matrons for the care of female prisoners and to pro- vide rules and regulations for the gov- ernment of the same. 7. To appoint a Police Surgeon who shall receive an annual salary of fif- teen hundred dollars. Sec. 2. Thé President may convene the Board for speclal meetings. The Secretary of the Board shall be the offi- cial custodian of all records and official documents of the Board. CHAPTER IV. The Chief of Police. SECTION 1. TheChief of Police shall be appointed by the Board of Police Commissio.ers and hold office for the term of four years. He shall re- “ceive an annual salary of four thou- sand dollars. He shall have control, management and direction of all mem- bers 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 Dspartment. In all cases of such suspension, he shall im- mediately report the same to the Board with the reasons theréfor in writins. He shall maintain and enforce law ana rigid discipline so as to secure com- plete efficiency of the Department. I‘» shall, subject to the directions and i&- ders of the Commissioners. have con- trol of such of the prisons of the City and County as are not by the general law under the control of the Sheriff. Sec. 2. In the suppression of any riot, public tumult, disturbance of the public peace, or organized resistance against the laws or public authority, the Chief of Police shall, in the lawful exercise of his functions, have all the powers that are now or may be con- ferred on Sheriffs by the laws of the State. Sec. 3. The Chief of Police shall be the chief executive officer of the De- partment. He shall be chargeable with and responsible for the execution of all laws and ordinances and the rules and regulations 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 exe- cuted, and shall exercise such other powers connected with his office as may be provided for in the general rules and regulations of the Commis- sioners. 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 tempo- rary 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 wher2 he can be found. Sec. 5. The Chief of Police shall de- tail one or more of the members of the Department to attend constantly on the Police Court and to execute its ordersy 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. Sald Chief Clerk and said Property Clerk shall each receive an annual sal- ary of twenty-four hundred dollars. 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 Commission- ers shall allow and order paid out of such contingent fund as contingent ex- penhses of the Police Department, upon orders signed by the Chief of Police, such amounts as may be required. Sec. 7. The Chief of Police shall pos. sess powers of general police inspection, supervision and control, over all pawn-~ brokers, peddlers, junk-shop keepers, dealérs in second-hand merchandise, auctioneers and Intelligence office keep- ers. All persons engaged in said call- ings must first procure permits from the Commissioners. In the exercise of such power the Chié¢f may by authority in writing from time to time empower members of the Police Department, when In search of property feloniously obtained or in search of suspected of- fenders, or in search of evidence to con- vict any person 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. L 8 office for one year. The Board shall appoint a Secretary, who shall receive an annual salary of fifteen hundred dollars. The sesslons of the Board Subordinate Officers. SECTION 1. Subordinate officers of