The San Francisco Call. Newspaper, April 1, 1898, Page 12

THE SAN FRANCISCO CALL, FRIDAY, APRIL 1, 1898. CHARTER FOR THE City AND COUNTY OF SANFRANCISCO PREPARED AND PROPOSED BY THE BOARD OF FREEHOLDERS, Elected December 27, 1897, in pursuance of the Provisions of Section 8, drticle XI, of the Constitution of the State of CONT ARTICLE I—BOUNDARIES, RIGHTS AND LIABILITI ARTICL) II-LEGISLATIVE DEPART ME T. Chapter I—The Board of Supervisors. Chapter 11—Powers of the Sypervisors. ontract. 111 FINANCE AND TAXA- Public “UTIVE Claims. DEPART- ARTIC. Ch GAL erior Ci DEPARTMENT. irt Judges. coLaw Library. OF PUB- ARTICLE VI-DE: LIC ARTM W the “Board: of nt of Schools. California. ENTS. ARTICLE VII—Continued. za lice Co! ywers of the Board. —Chief_of Police. Subordinate Off} Police Office Suspensions VIlI—Unclaimed —and Stolen r IX—Present Police Force. X—Police Relief -and. Pension | ARTICLE IX—FIRE DEPARTMENT. | Chapter I—Organization and Powers. Duties of Commissioners. The Chiet Engineer. Fire Companies. + & Marshal. apt —Fire Wardens: apter VII—Firemen’s Relief Fund. apter VIIT—Salaries. Chapter IX—Department of Electricit: ARTICLE X--DEPARTMENT: OF: PUB- LIC HEALTH: ARTICLE XI<~DEPARTMENT OF N I ELECT! ‘Chapter I<Board o sioners. Chapter II—Municipal Eléctions. ARTICLE XII-ACQUISITION OF. PUB- LIC UTILITIES. ARTICLE XIH—CIVIL SERVICE: ARTICLE. XIV—PARK COMMISSION- [ ERS. | ARTICLE —BONDS OF OFFICIALS. ARTICLE XVI-MISCELLANEOUS. CLE. lection Commis- ARTICLE 1. Boundaries, Rights and Liabilities. ION 1.-The municipal ‘corpora wvn as the City and County of shall remain and -con- olitic and corporate, in t, by the name of the of San Francisco, and name shall have perpetual stc- ue and and defend in all s ‘and_place in all ‘matters and proceeding common and pleasure; may purcha and enjoy real and p receive bequests, gifts and dor all ¥inds of p ¥, in fee simple, or in trust for able and:other. pur- and bequests manage, e or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust. Sec The boundaries. of the City and County of fan Francisco are here- by ¢ -a be those: set forth-in Section Thirty-nine Hundred and Fifty of the Political Code of California. Sec. 3. The City and County of San Francisco shall continue, under this Charter, to have, hold and- enjoy all property, rights of property, rights of action of every nature and description of the existing municipality and is hereby declared to be the successor of the same. Sec. 4. Suits, actibns and proceedings may be brought in the name of the City and County for the recovery of . any property, money . or -thing -belang- ing thereto, in law or equit;-, -or dedi- cated to public use therein; or for the enforcement of any rights of,or. con- tracts with, the. i and County, whether made or arising -or “accruing before or after the: adoption of this Charter. All existing suits, actions and proceedings in the courts or elsewhere, to'which the City and County.is a party, shall continue to-be carried-on’ by or against the City and County. Sec. No recoursc: shail be . had against the City and County for dam- age or-loss to person or property. suf- fered or sustained-by reason of the:ie- fective ' condition: “ of any ' sidewalk street; ‘avenue, lane, alley, court or place.-or. by reason of the defective condition of any sewer, or by reason of any deféctive drainage, whether any of eaid’ defects - originally . existed, ‘or whether, they were :occasioned’ by con- struction,: excavation: or embankment, | nor shall there be any recourse.against the City. and. County for want of Te- pair of any:sidewalk, street, .avenue, lane, alley, court or place or by want of repair of any sewer; ror shall there be any recourse against the City and County for damage to person or prop- erty sufferad or sustained by reason of accidenton any sidewalk, street, avenue, lane, alley, court or place, or by falling from any embankment thereon or into any excavation therein; but in anysuch case the person or persons on whom the law may have imposed the obli- gation to repair such defect in the sidewalk, street or public highway, or in the sewer, and also the officer or officers through whose official negli- gence such defect remains unrepaired shall be jointly and severally liable to the party injured for the damage sus- tained. - — ARTICLE IIL LEGISLATIVE DEPARTMENT. CHAPTER I The Board of Supervisors. SECTION 1. The legislative power of the City and County of San Francis- co shall be vested in a legislative body, which shall be designated the Board of Bupervisors. Such body is also desig- nated in this Charter, the Supervisors. Sec. 2. The Board of Supervisors =hall consist of eighteen members, all of whom shall hold office fortwo years, and shall be elected fiom the City. and County at large. h-one. must be at the time.of his election:an’ elector: of the City -and’ County; and imust-hay | been such. for at:least five years next| preceding his election. | or ‘shall receive .an an twelve hundred dollss > ery person who-“has: served :as Mayor of the City. and:County, so-long as he remains a resident thereof. shajl be -entitled :to: a seat in the:Board. of Supervisors - and. to. participate in - fts debates, but shall not he entitled to a. vote nor to any compensation. Sec. 3. A majority of ‘all-the niembers. of the Board shadl constitute a quorum; Eagh-Superv nual :salary “of. but a-less. number- may adjourn. from day to day and compel the attendance of absent members in such manneér and under:Such penaltiés as the'Board may:. prescribe: 8 ) Sec, 4. The Board shall: 1. Appoint a clerk, sergéant-at-arms and, when-authorized to do.5o by-ordi- nance, such additional clerks ‘and other assistants as may be deemed necessar: 2. Establish rules for its. proceedings. 3. . Keep 4 journal-of its proceeding: and allow thie same to: - be ‘published: The ayes and noes shall on’demand of: any member be taken and: entered therein. . i 4. Hayve authority to punish itsmém- hers for . disorderly or.- contemptuous | behavior in its presence. | Bec. 5. -The Mayor shall ‘be the pre:| | siding-officer of thie: Board of Supervi [ors. - In the ‘absence of the. Mayor: the | Board shall appoint.a. presiding officer | pro temporé: from- its’ own . -meniber: . 'who shall have the same right to vote | as other members. . g Sec.. B.° The' ‘Beard-shall - meet ‘én Monday of each week, or if that day bea legal holiday, themn-on’ the next “day. The ‘Board ‘shall:‘notadjourn’ to ‘any- {other place thar to its ri:“lar place of | meeting, except in case of great neces- sity _or-emergency. The mestings: : of { the. Board:shall be public: , |- Bec.i7: 7 ‘The- clerk :-of - .the = Board, when requested to do so; shall admin- ister-caths and’ affirmations, “without charge; in- all ‘matters : pertaining :‘to |:form such iservices .as . :may ‘be.:‘pre- ['scribed. by the 1 the ‘custody..of . “the " seal,‘and ‘of “all leases; -grants -and ‘‘other: documents, recards and papers. of . the:: City and | County. 'His signature: shall:be neces | sary” to- all.leases, grants‘and .convey- | ances.of ithe City:-and County. = 7 - i The: enacting clause of évéry ordinance | shall' be in: these Words: : “Be- it -or- dained-by fhe People of:the City and County-of ‘San ‘Francisco: as: folow: bill, and no-bill' shall b to change its original purpose: Sec. 9. No bill shall becéme an’ ordi- nance; nor:resolution be adépted, un- | less 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, No ordinance ‘shall: be ‘re- lSe(;:. 10 2 vised, re-enacted or amended by refer- ence to its. title; but the ordin’;ncaem be revised or re-enacted, or the section thereof amended, shall’ be- re-enacted at length as revised ‘and amended. . 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 there- of as is not expressed in its title, Sec. 12.. When a bill is put upon its final passage in the Board and fails to pass, and a motion is made to recon- sider, the vote upon such motion shall not be acted upon before the expira- tion of .twenty-four hours after ..ad- journment. 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 ithe affdirs of his office,”and shall per~ | oard;: ‘He. shall ‘have’ Sec. 8.~ Every legislative. act of thel 1-.City and-County shall ‘be by ordinance. No ordinance shall be passed except by | e 80.aniended.as ‘Lin’ this_section. provided: be renewed before one year prior to its expiration. Every ordinance shall, af- ter amendment, be laid over for one week before its final passage. Sec. 13. Every bill or resolution pro- viding for any specific improvement, or the granting of any franchise or privilege, or involving the lease, ap- propriation or disposition of public property 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 intro- duction, be published in the official newspaper, with the ayes and noes, for at least five successive days (Sun- days and legal holidays excepted) be- fore 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 hun- dred dollars, as shall be necessary to meet the requirements of such neces- sity. Sec. 14. If any bill be presented to the Mayor containing several items ap- propriating money or flxing a tax levy, {he may object to one or more items separately, while approving other por- tions of the bill. In such case he shall append to the bill at the time of sign- ing it a statement of the item or items to which he objects and the reasons therefor, and the item or items so ob- | jected to shall not take effect unless | passed notwithstanding the Mayor's | objection. Each item so objected to | ehall be separately reconsidered by the | Board in the same manner as billy | which have been disapproved by the Mayor. Sec. 15. No ordinance shall take ef- fect until ten days after its passage unless otherwise provided in such or- | dinance. | Sec. 16. Every bill and every resolu- | tion as hereinbefore provided, which | shall have passed the Board and shall | have been duly authenticated, shall be presented to the Mayor for his appro- val. The Mayor shall return such bill | or resolution to the Board within ten | days after receiving it. If he approve it he shall sign it and it shall then be. | come an_ordinance. . If he disapprove | 1t he shall specify his objections there- | to. in_ writing. If he does not return { It with such disapproval within the time ahove specified, it shall take ef- | fect as if he had approved .jt.: The ob. | fections of the Mayor shall be entered at large in-the Journal of the Board, tand:the Board shall, after: - five | within - thirty’ days: after “such: bill or | resolution shall have been so returned, treconsjder and-vote upon-the same. If | the be‘again passed by the affirmative vots {0f not ‘less than fourteen members ‘af | |-the “Board; :the’ presiding -officer “shall certify -that fact on.the ‘hill: oriresolu- “tioni: and:. when §o .certified. ‘the “bill i'shall become an ordfnance ‘with like ef- | feet as if it ‘had heen appraved by the. Mayvar. If the bill or resolution :shallfafl ["to receive the.vota of fourteen members. of the Toard :it shall 'be deemed finally. {lost. © The voté on such reconsideration Frhall be’ taken by ayes:-and.noes and | [ the names af the ‘members: voting for: | and-against the same shall. be entered [ In:the Journak 1 o-8ee. 1170~ All-ordinances. and resolu- {tions shal.be deposited with ‘the Clerk l:af:the Boardwho shall record the same ‘&t length in a suitadle book. See: 118 No. ordinance: shall be. re< pealed. éxeept by ordinance adopted in the manner hereinbefore-set out, and Isuch ordinance shall .be presented to the Mayor. for his approval as herein- | before’ provided. Sec. 19. Except as provideil in Chap- ter IIT of ‘Article TII of this Charter, all demands - payable out of the Treasury ‘must, ‘hefore they can be approved by the “Auditor or:paid. by the Treasurer, be first appreved:- by the. Board of. Sup ervisors. All:demands formore thantw ! hundréd-dollapsshall bepresented tothe:{ Mavor: for - ds approvali-in. the manner ithefore. provided for the passage lis ot résclutions. ne the payment of money:other orw than: -salaries When IAmotnt exce: dred dollars; shall ‘be published for: five surcessive days (Sundays and lesal nolidays’ ex: cepted) in the official pewspaper: See.:20. . W ines rthere shall be pré- \'sented. to ‘the Board of ¥léction: Com- missioners a.petition signéd hy a num- ber of - voters . equal “to- fiftesn per centum’:6f the votes cast.at the. last preceding State or - City and County l:6lection, asking that an erdinance to be Lsét forth-in such petition,. he subm ifed [“to’a vote'of th-electors.of “he City. and ¢ ‘County, the: Board. of - Election : Cam- | ‘misgioners must submit’ siich proposed Lordinance to-tle vote of the eleéctors.at | thenext electton, The " signitures ‘to- the petition need not:all he-appended to one paper, but | each signer-shall 4dd te his signature L his place of r: idence, giving the street | ‘and - number.:- One of the signers -of Leach’such piaper. shall ‘tiake oath ‘he- \fore an:officer compétent to.administer l‘oaths, that the 'statements: therein Lmade are:trug, and that each:signature 1o the:paper appended-is the. genuine signaturé: of ‘the person whose name purports to-be. thereto subscribed. |- The-tickets. ‘used . in: Buch election I'shdll contajn the: words "FOR THE: | ORDINANCE" (stating: the nature.of f'the propoged ordinance) and FAGAINST TIIE ORDINANCE' (stat- {Ing the nature of the proposed ordi- | i‘nanee). . If- a majority: of the Votes cast.ujon " such-ordinanece skall be in favor of the ¥ Fadoption therec 2, the Board.of ‘Eléction: { Commissioners shall:within thirty days Ffrom: the time. of - such . eléction; . pro- caim:stch faet: ‘nd upon such procta- ‘same: foree [‘passed nd effect as an orginance. the" Supervisors .and ap- shall ‘not bé repealed ‘hy the. Bupervi- gars.” But’ the- Supervisors may submit & propasition for. the repeal of such forvotesat any succeeding-election; and should sheh: proposition; so0:submitted, receive . a: majority”.of ithe:ivotes: cast : such’ election,. su¢h _ordi- shall lLe ‘repealed” o for thepurchaseof land it m fifty thousand dollars-in value .must - be: Submitted to’.the - vete. ty and: County. ig after. the ORTHE nce) . and CE”. (sfat- roposed - ordi i proposed . -.of CAGAINST. ThiZ ORDINA ing ‘the. nature oI the namnce),.. :-.: days-from: tha time of such election, proclaini ‘such fact: - and ‘.up proclamation such ordinance shall have the same: force and effect as an ordi- approved by the Mayal i SRS No' such’ franchise, -or:lease. or-sale of .any ‘public- utility . or- purchase of land shall‘be of any force or effect ex- cept it be made by ordinance, and such ordinance be adopted ‘by the ‘people as Sec. 22 Whenever. there shall be presented to.the Supervisors a petition signcd by a number of voters equal ./ fifteen ‘per cenfum of ‘the votes cast at the last preceding State or municipal election, asking tkat an amendment or amendments t - this Charter, to be set out -in -such petition, -hé submitted: to the people. the Board: must submit to the vote of ‘the electors of the City and County the proposed- amendment or amendments. 3 S and | sama ‘shall, upon racongideration, | Al resolutions | the?| | mation such-ordipance shall have the: L proved: by ‘the-Mayor, -and - the ~same ! “ordinance;-or: for..aniendments theretwo; | amended tie ‘nature of | It a majority of ‘the votes:cast upon “such ‘ordinance shall:be in of the adoption thereof, the Board of Election Commissioners shall, - within: - thirty n° such.| nance-passed by the Supervisors and; The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of residence, giving the street and number. One of the signers of each such paper shall make oath be- fore an ot cer competent to administer oaths that the statemerts made therein are true and that each signature to such paper appended s the genuine signature of the person whose name pUrports to be thereto subscribed. The Board of Election Commissioners must make all necessary provision for submitting the proposed amendment or amendments to the electors at a spe- cial election to be called by it, and shall canvass the vote in the same manner as in other cas s of election. All the provisions of the Constitution of the State embracing the subject in this section provided for are hereby ex- pressly made applicable to such pro- posed amendment or amendments. But if at any time there shall be no consti- tutional 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 en- sues afger such petition is filed with tpe 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 amendment) and | “AGAINST THE AMENDMENT" (stating the nature of the proposed |amendment). If a majority of the votes cast upon such amendment or amendments shall be in favor of the adoption thereof, the Board ! Election Cémmissioners shall, within thirty days from the time of such election, proclaim such fact, and thereupon this Charter shall be amended accorc gly. CHAPTER II Powers of the Supervisors. SECTION 1. Subject to the pro- visions, limitations and restrictions in this Charter contained, the Board of { Supervisors shall have power: 1. To. ordain, make and enforce within - the - limits . of . the City and County all nec ssary local, police, sani- | tary’ aud other laws and regulations. 2. Except as otherwise provided in this Charter, of in the Constitution of the State of California, to regulate and control for iny and every purpose, the |use of the streets; highways; public | thoroughfares, public: places, alleys, and-sidewalks. of the City and ~~unty. To permit the laying down of rail= | road. tracks.and running cars thefeon, along any street or portion of a street, | for the sole purpose of excavating and filling in a street or portion of a street :or the: adjoining land, for such limited iime .as may be necessary for- such {purpose ‘and no- longer.- Such tracks jmust be laid level with the street and must be operated under such restric- | tions as not to interfere with the use of jsuch streets by the:public. 4.. To empower street rallway coms= panies,. under such .conditions as the | Board -may see fit ) impos#, to.conyey streef sweepings-and.offal to the public | parks. S - 5. To fix the: limiits = within - which | wooden: buildings "or' structures - shajl ‘mot. be_erected, placed or maintained, {and-to: prohibit the same =vithin such Hmits: . Such- liniits’ when -once estab- lished shall not be changed exceépt by l'extension. 6. To.provide fo.- the abatement or i summary removal 6f any:nyisance and to ‘condemn-and to-.prevent “the occu- pancy of unsafe structures. %:7Fo regulate the use of hackneycar- | riages and : publie passenger vehicles, | and. 1o fix . the rates'to be. charged for the transportation: of persons or per= sonal-baggege: = L% - = L) 8.To: provide & publi¢ pound - and to: make. all necess:ry ‘rules -and regula- | tigns in: the matter of animals running | at large, and for the custédy and de- struction. of the same. @ 9. To’provide and - ‘maintain morgus. = 10. “To provide places for the deten- tion-of -witnesses, and -persons charged | with insanity, separate and. cpart. from [plates where criminals or persons. ac- | cused of public offenses are-imprisoned. | 711 To. establish, faintain aad regu- late, -and-:change,: dis¢ontinue: and ‘re-establish. - City “and < County _jails, | prisons: and - houses of - détention, pun- \ishment, ¢onfinemerit and. réformation, | hospitals: and almshouses: 12.:.To. purchase or-acquire:by con- [demnation such. property as may be | needed: for public use.: | 13, Except as otherwise provided in + this: Charter; to regulate’ and. control i the location and® quality of--all appli- ances necessary . ta the -furnishing™ Jf water, ‘heat, light, - power, - telephonic | and telegraphic service to-the City and | County, and to acquire; regulate and | eontrol ‘any and :all applances for the [sprinkling ‘and cleaning -of ‘the streets | of:the City and €ounty,.and: for flush- |ing’ the sewers: therein: B : | M. To fix and determine by ordin- ance-in the month of February of each [ year;ito-take: efféct on the:first day of a ‘| July: thereafter, ‘the rates or compensa- | tion to ‘be.collected by ‘any person, com- | pany or: corporationin the -City and County,” for..the ‘use. of y-ater, ‘heat, ight or power, supplied to the City and { County, ot to_the inhabitants thereof; t and to prescribe the quality of the ser- | vice:- R {10 To_impose. license: taxes:and to provide for the collection thereof; but no license taxes: Shall bhe: impesed: upon any-person .who, -at any fixed ‘place of | business in the Cfty and:County, sellsl or manufactures goods, ‘wares. or-me chazdise, exceptsuch ‘as Tequire per: mits ‘from the Board:of “Police “Com-. missjoners as provided in ‘this C!irter. “16. - To prescribe fines, forfeitires and pénalties for the breach of any ordin- ance; but no peénalty shall:exceed. the amount of five- hundred. dolars: o six | months’ imprisoament; or ‘both X 17."To .fix the:fees: and .charges: all official serviceS not' otherwise pro- vided for in this.Charter: : R - To allow. nat to excéed two. thou- sand five -hundred ‘dollars in.any ‘year for the celebration of -the anniversary ‘of our-National Independence, and not | to,-eéxceed five hundred :dallars in any ‘| year” for- the 'obaervyacg of Memorial Days: - S 5 19.° To.appropriate such stms as may be'piald into the treasury from fines: col- 1écted on conviction Of persons charged with cruelty to animals, and to author- ize the payment of ‘the same or some | ‘efficlently aid in such convictions, ™ . . To provide for the payment of compensation “to the inteérpreters ap- pointed by the Judges of. the Superior. Court, to interpret testimony‘in crim- inal ‘eases.in sald Court or the Police Court, ‘or upon inquests:.and éxamina- tions. ‘Such compensation shall not ex- céed one hundred dollars a month for -each interpreter. .- & .. To. offer.: s 3 onethousand dollars in ‘any one in- stance for the apprehension-and convie- tion of any person who may have com- ‘mitted a felony in the City and County, and to authorize the payment thereof. 22..To .providein the “annual construction of -a ~gene drainage-and se' system of erage. - .23, To. provide a Seal” for the City and County, and Seals for the several departments, boards and. officers there- of, and a Seal for. the Police: Court. . 24. To fix the hours of labor or serv-- ice required of all laborers in the serv- ice:of the City and County, and to fix théir ¢compensation; provided that eight hours shall be the: maximum_ hours of labor in any calendar day, and that tL minipiuim wages of laborers shall be two dollars a day. = - - 3 ‘25, To set apart as:a boulevard or boulevards any street or streets,orpor- tions of a street or streets. over which Pagt. tuereof (o any soclety that shall | Board for any such franchise, it shail ewards not exceeding | tax for a special fund to fta,-‘e,used-,m the | there is no existing franchise for any street railroad. 26. To construct or permit the con- | struction of tunnels, under such rules and regulations as the Board may pre- scribe. 27. To regulate street railroads, tracks and cars; to compel the owners of two or more of such roads using the same street for any distance not ex- ceeding ten blocks to use the same tracks and to equitably divide the cost | of construction and expense of main- | tenance thereof between the owners; to | fix, establish and reduce the fares and | charges for transporting passengers | and goods thereon; to regulate rates of | speed, and to pass ordinances to pro- tect the public from danger or incon- venience in the operation of such roads. 28. To allow any transcontinental or | other railroad company having not less than fifty miles of road actually con- structed <nd 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 company; and the use of all such rights shall at all times be sub- Jject to regulation by the Supervisors. Every ordinance granting such right shall be upon the conditions 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 company | in a penal sum prescribed by the Su- pervisors, and set forth in such ad- vertisement, conditioned that such bid- der will well and truly observe, fulfill and perform each and all of the condi; tions, 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 received. the Board must open such bids and award the franchise to the person, company or corporation of- fering to pay the highest stated per- centage 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 ap- plication granted, unless the stated bercentage 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 centum of the gross re- ceipts during the next succeeding ten years. 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 appurtenances used by such railways jointly. 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 settle- | ment of land titles in the City and| County of San Francisco, and to ratify and confirm the acts and proceedings of | certain of the authorities thereof,” ap- | proved March 14, 1870. | 30. To provide for the execution of all trusts confided to the City and County. | 31. To transfer from one department | of the City Government vacant and un- | used lots of land to another depart-! ment. 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 no- | tice thereof for at least three weeks. No lease shall be authorized except by or- dinance 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 pe- riod than twenty years. 33. To provide for the sale at public| auction, after advertising for five days, | of personal property unfit or unneces- sary for the use of the City and County 34. To provide for the purchase of | property levied upon or under execu- tion in favor of the City and County; but the amount bid on such purchase | shall not exceed the amount of judg-| ment and costs. I 35. The Supervisors mus’ appropriate | annually to the Mayor thirty-six hun- dred dollars as and for a contingent | fund, for which ~he need furnish no| Vouchers | Sec. 2. “The Supervisors shall consti- tute the Board. of Equalization of the City and County. The Clerk of the Su- pervisors shall be:Clerk of the Board of Equalization by virtue of his office. Sac, 3.. The . Board of Supervisors shall appoint from its members a com- mittee consisting of three to be denom- inated Finance Committee, and shall fill all ‘vacancies in the Committee. The Committee. shall Investigate the transactions and accounts of all officers having the coilection, custody -or dis- hursement of public. money, or having the power to. approve, allow, or audit demands on the- treasury; .shall have free access ty any records, books and papers -in all public offices; shall have power to. administer oaths and affirma- tions, and to examiné witnesses, and comipel their.attendance before them by subpena. . The Committee may at any time visit any.of the publig offices and make its examinations and investiga- tions therein without hindrance. The Committee must, at least once in | every six months, examine the official bonds -af all City and County officers, and investigate the sufficiency and sol- | vency of the sureties thereon, and re- port in writing the facts to the Mayor. Such report -shall specify each bond with the sureties;” and the amounts for swhich ‘each surety is bound, ‘and state whether or not they are sufficient and solyent. - Upon' such report: the Mayor | shall take such action as shall be nec- | essary to protect the City and County, and may require new bonds when nec- essary, and he may suspend-any officer till a sufficient bond is filed and ap-| proved. ; 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 per- . sons, companieés:or eorporations that are reguired -to:pay a portion .of their; gross ‘Teceipts into the treasury; and | shall likewise, as an aid to the fixing | of rates for furnishing water and light | to the City and County and to the in-| habitants: 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 per- sons, companies: er corporations. so. furnishing waéter 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!l witnesses examined and a substantial statement of the ‘evidence: taken.' If, | from -the examination made by the ‘Committee, it shall appear that a mis-| demeanor In. office, or a :defalcation, : has been eomimitted by an officer, the | Committee shall immediately ‘réport to] the: Mayor; who, if he approve the re-. port, shall take ' such ‘proceedings against. such officer as are authorized:! by law, and may suspend him pending; ‘such proceedings. Any Police Officer | shall execute:the process and orders of | | 'the Committee, - i Sec: b No_ exclusive :franchise. or| privilege ‘shall’ be granted for laying ‘pipes, wires or conduits. : -~ See. 6, The' Board of -Supervisors shall ‘have power to grant authority 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 boulevards or.carriage driveways, upon the follow- ing conditions and in . the :following. manner and none other: - e Upon application: being ‘made to the by resojution -determine ‘whether such "franchise or any part thereof should | -be granted, and at said tinre shall de- termine on what conditions the 'same shall be granted- additional 'to . those ‘gonditions provided in this Chapter. " After such ' determination, it shall “cause notice of such application and resolution to be advertised in the offi- clal newspaper of the City and Coun- ty for ten consecutive days. vertisement 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 ad- vertisement must state the character of the franchise sought, the term of its proposed continuance, apd the route to be traversed; that sedfed bids will be receivéed up to a certain hour on a day to be named in the advertise- ment; and a further statement that no bids will be received of a stated amount, but that all bids must be for the pavment to the City and County in lawful money of the United States of a stated percentage of the gross annual receipts of the person, com- pany or corporation to whom the fran- chise may be awarded, arising from its | use, operation, enjoyment or posses- sion. 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 abproved by the Mavor Such ad- | Except as in this section otherwise provided, bidding for such franchises must be in accordance with the provis- ions of this Charter in relation to bids made to the Board of Paklic Works, so far as such provisions may be applica- ble. The Supervisors may reject any and all bids, and may refuse to grant a franchise for any part of the route for which application was made. Tvery ordinance making such grant shall re- quire the concurrence of three-fourthsof all the members of the Board of Super- visors, as shown by the ayes and noes, | and the approval of the May- or, and at least ninety days shall in- tervene 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 objections of the Mayor. . If any bid be accepted, the franchise | must be granted upon the express con- dition, in addition to the conditions re- quire conditions as may be prescribed by the Supervisors, that the per centum of the gross receipts of the railway 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 con- dition that the whole of the railway shall be continuously operated, that at the end of the term the road- track and bed of such railway and ail 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 ev- | ery 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 immedi- ate 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 conditions. On or before the tenth day of each month af- ['ter said receipts shall have been earned, the President and Secretary. of said railway company shall make and file with the Clerk of the Board of Super- sors a sworn statéement of the gross receipts of such: railway for the pre- ceding month. 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, operating, possessing or enjoy- ing the franchise, and that the Finance Committee of the Board shall at all times be permitted to examine and ex- pert their books as to such gross re- ceipts. © All moneys received for such franchises and in payment of the said per centum shall be credited to the General Fund, Sec. 7. The Supervisors shall have no power to grant franchises or privileges to erect poles or wires for transmitting electric power or for lighting purposes along or upon any public street or high- way of the City and County except up- on all the conditions-and in the manner, including competitive bidding and pay- ment of a percentage of gross receipts, hereinbefore set out, and upon the fur- ther 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 property reverting to it by reason of such expiration in the coperation of a street railroad, then the Board shall have power to:lease such property to any person, company or corporation af- ter the notice, on the’terms, and in the manner above provided as to the grant- ing of street railroad iranchises, as far as the same may be applicable. But no ordinance authorizing such lease shall | be passed. prior to ninety days next pre- ceding the expiration of such franchise. Any -ordinance granting a franchise or authorizing a lease under the provis- ions 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 expi- ration 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 submit- ted 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 elec- tion réceive in ‘its favor a majority of | the votes cast thereon.it shall have no force or éffect for any purpose. If a mhajority -of the votes be: in faver of such ordinance, ‘the ‘Board of Election Comimissioners. 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. éffect ag of the date aforesaid.” Said petition and submission shall be made in accordance with the provisions of section twenty of Chapter I of this-Article. - 3 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 re- covery on any such claim. CHAPTER IIL - Contracts. SECTION 1. All contracts for goods, merchandise, stores,. supplies, subsist- ence or printing for the City and Coun- ty, as well as for all subsistence sup- plies; drugs, and other necessary arti- cles for hospitals, prisons, public insti- tutions and other departments not oth- erwise specifically provided for in this Charter, must be made bythe Supervis- ors with the lowest bidder offering ad- equate security, after publication for not less than ten days in the official newspaper; and no purchase thereof or liability therefor shall be made or cre- ated 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 or to pay for the same unless by this Charter, and such other | and | the provisions in this Charter provided as to competitive bidding for supplies are strictly followed, and ng contract shall be made for any of the’same un- less 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 Supervis- lors. If the bidder to whom the con- | tract is awarded shall for five days af- | ter such award fail or neglect to enter linto the contract and file the required | bond, the Clerk shall draw the money I due on such certificate of deposit or | check and pay the same into the m-easz;l |ury; and under no circumstances ;ha' tha certificate of deposit or chec ((7» | the proceeds- thereof be returned to such defaulting bidder. Notices for proposals for furnishing |the aforesaid articles shall mentlon said articles in general and shall state | that the conditions and schedule ma}; | be found in the office of the Clerk © | the Board of Supervisors; and shall | also state that such articles are to be ‘dellvcred at such times, in such quan- i ner, as the Su- tities, and in such man Any blader | pervisors may designate. ‘fnay bid separately 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 a bid | embraces more than one article, the Supervisors shall have the right to ac- cept or reject such bid or the bid for any one or more articles embraced therein. In the case of contracts for subsistence of prisoners the ar}\'ertlse- ment for proposals shall specify each article required, the quality thereot, the quantity for each person, and the existing and probable number of per- sons to be supplied. No article or ar- ticles provided for in this section shall have been made in any prison. The Supervisors shall require bonds with sufficient sureties for the faithful per- formance of every contract. The Clerk of the Supervisors shall furnish print- ed blanks for all such proposals, con= tracts and bonds. All bids shall be sealed and delivered by the bidder to the Clerk of the Su- | pervisors, 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. AIl articles so supplied shall be subject to inspec- tion and rejection by the Supervisors and by the person in char~- of the of- fice, institution or department for which the same are supplied. Every contract for work to be perfflr!fl?d for the City and County must provide 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 laber- ers emplayed by the contractor in the execution of his contract shall be two | dollars a day. Any contract for work to be performed for the City and Coun- ty which does not comply with the pro- visions of this section shall be null ana@ void, and any officer who shall sign the same shall be deemed guilty of misfea- isance and upon proof of such misfea- | sance shall be removed from office. | Sec. 2. All contracts for official ad- | vertising shall be let annually in like manner by the Supervisors to the low- est responsible bidder publishing a daily newspaper in the City and Coun- ty which has a bona fide daily circula- tion 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 there- for, such advertising shall not be clas- sified and no proposal shall be acted upon which offers to do such advertls- ing at different rates for different por- tions thereof. Such advertising shall be construed to mean the advertising and publica- tion of all official reports, orders, ordl- nances, messages, resolutions, notices | Inviting proposals and _all notices. of | every nature relating to City. work. No | part or kind of such advertising shall be charged or contracted for at a high- er rate than any other part or kind of the same is charged or contracted for, except in the case of the delinquent tax ist. hThe newspaper to which the award of such advertising is ‘made shall be known and designated as the “officlal newspaper.”. The advertising of ' the delinquent tax list shall be let to.the lowest re- sponsiblé bidder on a separate bidding from all other official advertising. No board; department or officer shall make any publication which is not ex- pressly authorized by this Charter or | by the Supervisors. | “Sec. 3. The Clerk of the Supervisors shall annually, under the direction of the Supervisors, ~advertise for —pro- posals - for supplying 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 “ionery shall be separate from those for printing. | 'Notice for proposals for-supplies shall I'require a greater or less quantity to be delivered at such times.and in such manner as the Supervisors may desig- nate. The advertisement for bids for paper shall state the weight, gquality |-and size of the various kinds required, | and that for printing shall enumerate the various letter heads, tax bills, tax | réceipts, court notices, and all blanks, | papers and documents now used or | hereafter required in any and all de- | partments of the City and County, in- cluding the forms, papers and blanks now used or hereaftér 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 adver- tisement shall be published for at least ten days, and shall require the: bidders to state the price at ‘which each arti- {-cle will be furnished, printed or manu- | factured, 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 perform- ance of the‘contract. |7 :No stationery furnished.to any offi- cer or department: shall . contain the name ‘or names of the officer or offi- cers’ constituting the head of the de- partment or board. = The contract or contracts must be made with the low- est bidder offering adequate security, quantity and quality being considered. The Clerk of the Supervisors shall have rooms in the City Hall for the custody of such stationery, and when purchased the same shall be delivered to him, and he shall issue and distribute the same to the various departments as re- quired. He shall keep accounts in detail, ‘charging himself with all goods re- ceived, and crediting himself with the goods delivered upon order or requisi- tion as hereinafter provided. When any of such supplies are required, for any department, the Clerk of the Su- pervisors shall issue the same after the requisition for such articles has been made by the head of such department and approved by the Mayor. 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 Celivered to any department or officer. 3 Sec. 4. Any officer ‘of the City and County, or of any department thereof, who shall aid or assist a bidder in se- curing a contract to furnish labor, ma- terial or supplies, at a higher price or rate than that proposed by any other bidder, or w*o shall favor one bidder over another, by giving or withholding information, or who shall willfully mis- lead any bidder in regard to the char- acter of the material or supplies called for, or who shall knowingly accept ma- terials or supplies of a quality inferior to that called for by the contract, or who shall knowingly certify to a great- er amount of labor performed than has been actually performed, or to thLe re- Lcelnt of a greater amount or different ©