The San Francisco Call. Newspaper, April 1, 1898, Page 14

B ————— his custody and safely keep all books, records, maps and papers deposited in his office. Upon demand and payment of the fees prescribed therefor by law or by ordinance, he must furnish to any one applying therefor a copy of any such book, record, map or paper, certified under the hand and seal of his office. When any papers are presented for filing or recording, he or his depu- ties shall write on the margin of each paper so presented the number of folios, the amount paiu for recording the same, and shait number consecutively all instruments and documents filed in his office. He shall also perform all other duties at the time and in the manner prescribed by the general laws of the State. - ARTICLE V. LEGAL DEPARTMENT. CHAPTER I. The Superior Court Judges. SECTION 1. The Judges of the Su- perior Court of the City an. County may appoint not to exceed five inter- preters of foreign languages, who shall act as such interpreters in criminal ac- tions anu proceedings in all the courts in the City and County, and in exam- inations before Coroner’s juries. Sec. 2. The stenographers .n the Criminal Dep:rtments of the Superior Court shall ea-h receive an annual salary not exceeding twenty-four hun- dred dollars which shall' be in full compensation for all services including | transcription and all stationery used by them. CHAPTER II. The City Attorney. SECTION 1. There shall be an Attor- ney and Counselor of the City and County, who shall be styled City At- torney, and \...o shall rec-~ive an an- nual salary of five thousand dollars. He shall be elected by the people and shall hold office for the period of two yea He must be t the time of his ¢léction an elector of the City and County and qualified to practice in all the courts of this:State, and he must have been so quafified for at least ten years next preceding his election, dur- ing five years of which he must have been an actual resident of the City and He sha . devote his entire time | tion to the duties of his office. | He must prosecute and de- fend for the City and Countv all ac- tions at law or in equity, and all spe- cial proceedings for or against the City and County; and whenever eny cause of action at law or in equity or by spe- cial proceedin - exists in favor of the City and County, he shall commence the same when within his knowledge, | and if not within his knowledge, when | directed to do so by resolution of the | Supervisors.. He shall give legal ad- | vice, in writing, to all officers, boards | and commissions named in this Char- | ter, when requ-sted so to do by them, | or either 'of them, in writing, upon questions arising in their separate de- partments_involving the rights or lia- bilities of the Cit- and County. He shall not settle or dismiss any litiga- tion for or against the City and County under his control unless upon his writ- ten recommendation he is ordered to do so b- the Mayor and Supervisors. Sec. 3.. He shall keep on file in his office all written communications and ! opinions given by him to any officer, hoard or department; the briefs and transcripts used in causes wherein he appears; and bound books of record and registry of all actions or proceed- ines in his charge in which the City and County is interested. Sec. 4. He :hall deliver all boaks | and records, reports, documents, pa- pers, statu law books and property of every description in his possession, belonging to hi e, or to the City | and County, to his successor in office, who shall eive him duplicate receipts therefor, one of which he shall flle} with the Auditor. Sec. 5. The City Attorney may ap- | point four assistants, the first of whom | shall receive an annual salary of| thirty-six hundred dollars: the second | an annual salary of three thousand dollars; the third an annual salary of ! twenty-four. hundred dollars, and the fourth an annual salary of eighteen hundred dollars, He may also appoint a chief clerk, wh shall receive an an- al salary of eighteen hundred dol- | an assistant clerk who shall re- ceive an annual salarv of nine hundred a stenographer and typewriter shall receive an annual salary of hundred dollars; and a messen- | ger who shall receive an annual salary of nine hundred dollars. - An officer of the Police. Department shall be perma- nently detailed by the Chief of Police for the purpose of doing the detective work necessary in preparing - and prosecuting the litigation of the office, who shall continue to serve on such de- tail during the pleasure of the City At- torney. The assistants and the chief clerk must each, at the time of his ap- pointment, be qualified to practice in all the courts of this State, and must have been ©n qualified at least two years next preceding his appointment. ‘The assistants, clerks. typewriter and messenger shall be appointed by “the City Attorney, and shall hold their offices at his pleasure, and the specific g;nivs of each shall be prescribed by m. CHAPTER IIL The District Attorney. SECTION 1. The District Attorney | ghall be electe” by the people and shail hold office for two years. He shall be an elector of the City and County and must at the time of his election be qualified to practice in all the courts of this State, and must have been so quzlified for .t least five years next preceding his election. He shall re- ceive an annual salary of five thou- #and dollars. Sec. 2. The District Attorney shall have all the powers: conferred, and | shall discharge all the duties imposed upon. the District Attorneys of coun- tles by the gereral laws of this State, and in addition thereto shall attend, in- | stitute and conduct on behalf of the people, - all. prosecutions- cognizable in | the Police -Court of the City ‘and | County. He shall draw all complaints and warrants in said Police Court, prosecute all forfeited - recognizances | therein, and all actions for the recovery of fines, penaltiés, and. forfeitures ac- cruing to the City and County; deliver | receipts for money or property received in his official capacity, and file dupli- cates therefor ‘with the County Treas- zrer: file with-tr> Auditor on the first Mondays of January, April, July and October in .each year, an itemized statement under oath showing all moneys recelved by him In his official capacity durir=. the preceding three months; keep a register of his officlal business in which must be entered a note of every action, whether criminal or civil, nrosecuted officially by him. and of the proceedings therein: and give, when required,. without fee, ad- vice to the Board of Police Commis- eloners, the Chief of Police, the Board of Health and the Coroner, upon mat- ters relating to the duties of their re- spective offices. Sec. 3. He may appoint seven Assist- ant District Attorneys to aid him in the discharge of his official dutles, three of whom shall act as prosecutors in the Superior Court, and =hall each receive an annual salary of thirty-six hundred dollars, and four of whom shall act as the prosecuting attorneys of the Police Court, and shall each receive an annual salary of twenty-four hundred dollars. ‘When any of the assistants of the Dis- trict Attorney acting as such nrosecut- ing attorneys in the Police Court are not actually engaged In work connerted with prosecutions therein, they shall be at the call of the District Attorney for any service connected with his depart- ment. The assistants must each, at the time of his apnointment, be analified to practice in all the courts of this State, and must have been so qualified for at least two years next preceding his ap- pointment. The District Attorney may | BeokKeepers, receive an annual salary of eighteen hundred dollars; one assistant clerk, wio shall receive an annual salary of twelvs hundred dollars; and one sten- ographer and typewriter who shall re- ceive an annual salary of nine hundred dollars. Sec. 4. The District Attorney may, in the name of the City and County, bid for and purchase property at execution sales under judgments for the recovery of fines, penalties or forfeitures accru- ing to the Citv and County. CHAPTER IV. The Public Administrator. SECTION 1. The Public Administra- tor shall be elected by the people, and he shall hold office for two years. He shall have all the powers conferred, and ghall discharge all the duties imposed upon, the Public Administrators of counties by the general laws of this State, except as in this Charter other- wise specifically provided. He shall be entifled to all such fees as may be al- lowed by law to the Public Administra- tors of the counties of the State in full compensation for all his services. CHAPTER V. The County Clerk. SECTION 1. The County Clerk shall be elected by the people and shall hold office for two years. He shall have all the powers conferred, and shall dis- charge all the duties imposed upon, the County Clerks of counties by the gen- eral laws of this State, and in addition thereto shall attend and act as Clerk of the Police Court, keep the dockets and registers thereof, and take charge of and safely keep all books, papers and records which may be filed or deposited in his office pertaining to the Police Court. - He shall receive an annual sal- ary of four thousand dollars. Sec. 2.° To aid him in the discharge of his official duties, the County Clerk may appoint a Chief Register Clerk, who shall receive an annual salary of twenty-four hundred dollars; ‘a Cash- | ier, who:shall receive an annual salary | of eighteen hundred dollars; twelve Courtroom - Clerks for the Superior Court who shall each receive an an- nual salary. of . fifteen hundred dol- lars; - five Register Clerks, who shall each” receive an annual salary . of eighteen ~ hundred - dollars; ten - As- sistant = Register Clerks, who shall each. receive an annual “salary of fifteen hundred dollars; sixteen Copy- ists, who shall each receive an annual salary of twelve hundred dollars; and four Clerks for the Police Court, who shall each receive an annual salary of fifteen hundred dollars. Sec. 3. For coples of papers furnish- ed and certified by him, he shall charge not more than eight cents for each one hundred -words. ~For certifying coples, which are not preépared: by him, he shall be -entitled to charge twenty-five cents, and ‘also forty cents an hour for the time exceeding one hour necessarily occupied.in: comparing such copies. He must certify all papers = presented to | him which are coples of any document, paper or record, or portions thereof, in his custody. CHAPTER VL The Sheriff. SECTION 1., The Sheriff shall. be elected by the people, and he shall hold office’ for two years. - He shall receive an-annual salary of eight thousand dol- lars, which shall be in full ‘compensa- tion for: all official services required. of him by law; but said salary shall be | exclugive of the compensation received by him from the State for the delivery of prisoners to the State prisons, and insane persons to the State asylums for the insane. He shall have all the pows{ ers conferred, and. shall’ discharge all the duties imposed ‘upon, - the - Sheriffs | of counties by the general laws of this- State, Sec. 2. :He may appoint the follow-. ing deputies and.émployees, ‘who shall each respectively receive the following: annual salaries: One Under Sheriff, twenty-four hun- dred dollars; ome Attorney, eighteen hundred dollars; one Chief Bookkeeper, elghteen hundred dollars; twoAssistant fifteen hundred -dollars; ten Office Deputies; fifteen. hundred dol- lars; fourteen Bailiffs, twelve hundred dollars; one Chief Jaiter at Branch Jail Number One, eighteen hundred dollars; ten Jailers at Branch Jail Number One, twelve hundred" dollars; one Supérin- tendent :of Branch Jails Numbers ‘Tw and: Three, eighteen hundred dollars sixteen Guards at Branch Jail Number Twa, six hundred ‘dollars; 6ne Matron at Branch Jail" Number - Threé,- nine hundred dclilars; six Guards at Branch Jail:Number Three, six hundred dul-i larsy one Commissary to -act: for ‘alt Jjails, fifteen = hundred ' dollars; Driver of Van, nine hundred dollars; and one Bgokkeeper, for all said Branch Jalls, fifteen hundred dollars. Sec. 3. .The Sheriff may designate the services to be pérformed by hiz depu- ties. CHAPTER VIIL The Justices’ Courts. SECTION 1. ‘The . Justices of the Peace shdil each receive an annual sal- ary. of twenty-four - hundred dollars, except the Presiding Justice, who shall receive -an annual salary of twenty- seven hundred dollars.” They shall ap- point - a Chief Clerk whe shall hold office for two years and receive an an- nual salary of twenty-four hundred dollars. The Chief Clerk may appoint five Deputies, each._of whom.shall re- ceive an annual salary of twelve hun- dred dollars. CHAPTER VIIL The Police Court. SECTION 1... There is hereby created and established in and for the City and County of San Francisco.a.Court to_be known as: the Police Court ot the City and County. of San Francisco. . Satd Court shall consist of four Judges, who shall be:elected by the people and hold office for four: years.: They sl all each receive an.annual salary:of ‘thirty-six hundred dollars. They shall be. electors of the City and County a&t:the ‘time of their election, and must have been suich for at least. five years next preceding such time:’ No person-shall be eligible to. the office of Judge of the Police] Court who is not at the time of his elec- tion - qualified to :practice ‘in::all ‘the Courts of this State, and whohas not been so qualified for at least five years | - | point. not: miore- than -two . competent | stenographers who ‘shall.” attend ' the | sessions of the Court: and.take notes. next préceding his election.” The. Court shall - be ' divided into- departments known. as‘ Department - Number ‘One; Department -Number,. Two; Depart- ment - Number Three-‘and -Department: Number. Four. The Judges -of such Court:may hold as.many segsions of .the Court at the same time as there are Judges thereof. - The Judges who shall be elected at the .first -election under this Charter shall. so -classify . them- selves by lot that-two of them ghall go out of office in two year$ and.two of thgm in four years. - S hey shall choose from their numbera Presiding Judge who shall serve for one year. 'The" Presiding Judge shall as- sign the Judges to their respective de- partments; but any of the Judges may preside in any of the ‘departments in the absence or inability of the Judge regularly assigned thereto. The judgments, orders and proceed- ings of any session of the Court held by any one or more of the Judges shall be equally effectual as if all the Judges had presided at such session. Sec. 2. The Police Court of the City :nd County of San Francisco shall ave: First—Exclusive jurisdiction of an prosecutions for the violation of or- dinances of the Board of Supervisors. Second—Concurrent jurisdiction with the Superior Ccurt of all other misde- meanors and of the examination of all felonies committed in the City and County. : Third—Said Court, or any Judge thereof, shall have the same powers in all criminal actions, cases, examina- also appoint one chief clerk, who shall tions and proceedings as are now or one | 1 | 4 [“bility thereof does not exceedtwo thou: ‘'be present efthér:in person or-by-deputy at-all. sessions: of the Court in the d CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. may hercafter be conferred by law upon Justices of the Peace. Sec. 3. Proceedings in said Court shall be conducted in accordance with the laws of this State regulating pro- ceedings in Justices’ and Police Courts and appeals to the Superior Court; and said Court or any Judge thereof shall have the same power in all criminal actions, cases and proceedings as are now or may be hereafter conferred by the general law of this State upon Jus- tices of the Peace; provided, that: First—No case shall be dismissed or fine imposed until the testimony for the prosecution shall be taken. Second—Any defendant who neglects to file his statement on appeal, within ten days after sentence shall I8se his right to appeal, unless good cause for the delay be shown by affidavit. Press of business on the part of defendant’s attorney shall not be deemed good cause for delay. Unless the District Attorney shall file amendments to the proposed statement on appeal within five days after the same shall have been filed and served, the proposed statement on appeal shall be the state- ment on appeal. The Judge before whom the case was tried shall settle the statement on appeal within five days after the District Attorney shall have filed his amendments to the pro- posed statement. - Third—Any person who shail solicit or importune any of said Judges. elther before or after judgment, to dismiss a case. or mitigate a sentence, unless the same be done in open court, shall be guilty of a contempt of court. Fourth—A complaint may be demur- red to on the ground that it does not set forth the offense charged with such particularities of time. ‘place, person and property as to enable the defend- ant to understand distinctly the char- acter of the offense complained of, and the complaint may he amended by per- missfon of the Court after a demurrer is sustained. Fifth-—A defendant in custody shall have the right to be tried before a de- fendant on bail, and felonies shall be heard before misdemeéanors. Sixth—The Judges of said Court shall try all cases as speedily as possible; and must refuse continuances after the first calling of a case for trial except upon affidavit showing -good - cause therefor. 5 % Seventh—Other than lawfully author- ized surety companies; no. person shall be cligible: to be a bendsman for any defendant on trial in tha Police Court, or on-appeal from a judgment therein, except he take an oath that the prop- erty specified in the undertaking is in the City and County of San Francisco, and that he is worth the amount spe- cified exclusive "of property eéxempt from execution, and exclusive of all de- mands for which he may-become lfable by reason of the forfeiture of any ap- peal or bail bonds -for ‘which he is surety. i 4 Sec. 4.° The District: Attorney, either in person or by his Assistants, must be present at the sessions'of the Court and attend to the prosecution of all cases coming. before it, and make —out all complaints and warrants for the arrest of persons charged-with: crime to be prosecuted-in said court. Sec. .. The - District.- Attorney . shail appoint a Warrant -and -Bond Clerk who shall receive a salary of twenty- four hundred dollars a year, and three Assistant Warrant. and Bond Clerks, each of whom shall:receive. a salary of fifteen -hundred . dollars a.year.. No person shall be appointed a ‘Warrant and Bond Clerk who is'not ‘at:the time of his appointment qualified to practice in all ‘the Courts of this:State. . The Warrant and Bond Clerk shall Keep his { affice open:continuously night-and day. for the transaction ‘of ‘business: :shall draw compldints in actions in the Po- 1liée Court,-and aporove the same with written signature; shall -have the custody. of all. bail ‘bands .anc ‘appeal | Pponds taken in the Police Court; shall examine the sufficiency 'of every: bail bond -and appeal bond taken:in:the Po- Hee Court and make & return thereon, within® forty-eight hours. dfter - such bond shall have come into his.posses- sion, in. the following form:. - T, e eiiisee s Warrant-and ‘Bond Cierk of the City and@ County of San Francisco; have examined.the within bond and find it good in:law. I have examined ‘the records ‘of .the City ‘and County of San Francisco, and find' the property, its owners and ineumbrances herein described, to be ecorrect. accord- ing to said records. - (Bigned. ..i....iviy Warrant and - Bond Clerk.)” The: Warrant- and-Bond -Clerk shall | endorse upon. the band the time ‘when it:was igsned: by him, or when. it came into his possession. ‘He may issue bail bonds and. appeal bonds ‘when the:lia- sand dollars,-and order the:.discharge from custody of the persons for whom the bonds are tssued; and he may take. cash bail to the extéentin any one case of one thousand dollars. - He must ac-. count for and pay to the Treasurer all moneys received as bail in the manner that the County Clerk 'is required by law to account for and pay moneys re- ceived as fees. No. clerk of the Police Court shall ever take bail or order the release of any one charged with an of- fense. - Sec. 6. In. the matter:of: fixing. ball and: ordering the. release. of ‘prisoners the Warrant and Bond Clerk shall be subject to the Judges. of “the. Police Court, and-any “violation ‘of -a wvalid order of any of said.Judges shall be a cantempt of .Court. Bl Sec. 7. For any failure to keep the office of the Warranteand Bond Clerk open continuously he shall be imme- diately removed from dffice by the Dis- trict Attorney or by the Mayor.. Sec. 8, -It'shall be a:misdemeanor £o any person-other than & Judge of some Court-in-thé City -and County, or other than said:. Warrant and Bond.:Clerk, to receive bail money for defendants or to order. their discharge.. ' v Sec. 9. All demurrers: to complaints; notices-of motion, statemenits and bills of exception® ort appeal to ‘the Superior Court; ‘must be served upon.the Assist: ant District Attorney acting in the De- partment -of “the -Court in. schich: case is set for hearing, or h N e See; 10. The County Clerk shall be'the Clerk-of the Policé Court,-and. he must partments theréof; ¢all the.daily dar of the‘departments, k u and completé records of all cases in the - Court and the disposition made thereof | by the Court, D hatin Sec. 11. The: Police Judges- may. ap of all preliminary examinations made at:the. -sessions, :andtranscribe into type-written lcng hand ‘dlr. évidence taken by either of ‘themy where the par- ties’ charged havé been. held: for trial, and deliver one copy of the same to the Clerk:and otie copy to the District At- [ .Each of “such’ stenographers. g paid for:-all his services, in- _cluding’ “transcription: and . &l 'sta- tionery. used-by him, an annual salary of ‘twenty-four hundred dollars. ' Sec. 12.-The Mayor may in writing ap- point any Justice of the Peace to.act as Judge of the Police. Court, or any de- partment thereof; during. the tempor- ary absence or inability of the Judge to act.. P - Sec. 13.: The.Chief of Police shall cause to be made out and delivered to each of the Clerks of the Court at or before nine o’clock in the foremoon of each ~day a calendar of arrests in which -the ‘cases shall. have “been as- signied to the departments of the Court in accordance with the rules and regu- lations establisked - by the Police Judges. The calendar shall state “the offense charged:” whether the defend- ant fs “in custady” or “on bafl:” “the amount of bail;” “whether cash or bond,” and ‘“the name:of the arresting’ officer.” Sl S Sec. 14. The Chief of Police shall ap- point one or more Police Officers to at- tend the sessions of the Police Court in each department thereof to pre- serve order and execute the orders of the Court: PR ST ‘of the:Board: Tn every cdse where ‘a " power. is “exercised -unider this Artiéle taken by dyes:and noes. 1| réports, - contra . | eates, ;i -and keep: full | . post. “and publis] :County, and heretofore kept by or in -| Streets, Highways and. -Squares, the Sec. 15. The FPolice Judges shall dopt all necessary rules and regula- tions for conducting the business of the Court. Sec. 16. No attorney shall appear in said Court to prosecute or defend per- sons charged with offenses unless at the time of his appearance he be quali- fied to practice law in all the courts of this State. Sec 17. The term of office of the Po- lice Judges elected at the general elec- tion held in the year eighteen hundred and ninety-eight shall terminate at the hour of noon on the first Monday after the first day of January in the year nineteen hundred, and they shall at sald time be succeeded by the Police Judges provided for in this Chapter; and all proceedingspendinginsaid Court shall be transferred to the Police Court created under this Charter, and the Judges elected as herein provided shall 2:}\;; and obtain jurisdiction of the CHAPTER IX. The San Francisco Law Library. SECTION 1. The Supervisors must provide, fit up and furnish, with fuel, lights, stationery, and all necessary convenlences, . attendants and care, rooms convenient and accessible to the Jjudges and officers of the courts and of | the-municipal government sufficient for ! the use and accommodation of the San | Francisco Law Library, - estabiished | under an Act of the Leglislature of this| State. entitled: “An Act to provide for increasing the Law Library of the cor- | poration known . as the .San Francisco | Law Library, and to secure the use of the same to the Courts held at San Francisco, the Bar, the City and Coun- ty Government and the People of the City and County of San Francisco,” ap- proved March 9th, 1870.- The Supervis- ors must appropriate, allow, .and order paid out of the proper fund such sums as may be necessary for the purposes aforesaid; ‘and -all sums-lawfully ap- propriated .and . expended pursuant hereto shall be paid eut of the proper fund on-demands duly audited, in the mode prescribed by this = Charter for auditing sther demands upon the treas- | ury. The County Clerk ‘must pay mornthly to the Treasurer of the San Francisco Law Library such moneys as | he ‘shall céllect under the Act referred to for the benefit of sald Law Library. ARTICLE VI. DEPARTMENT OF PUBLIC WORKS. CHAPTER L The Board of Public- Works. SECTION 1. There shall be a Depart- ment of Public Works under the man- agement of three ' Commissioners who shall ¢onstitute the Board: of ~Public ‘Works, .and who shall give “all their time ‘during ‘official business hours. to the duties of their office; .The members | of said Board shall be appointed by the | Mayor. . Of those first: appointed . he | shall appoint one for-one year, one for two years,” and one for three years. Each:year thereafter he shall appoint for three yéars one person as the suc- cessor of the Commiissioner whose term of office expires in that year. -All such appointments shall be so made.that not more than ong¢. member shall at any | one. time ‘belong to. the same - political party.. No person shall:be eligible -for a_pointment as such-Commissioner un- less-he:is, and has been for at least five years next:preceding. his a.ppointmen.t.l an elector-of the City and County. Each | of said-Cammissloners shall receive an | annual salary of four thousand dollars. | Sec.” 2. 'Of " the. Commissioners first appointed under this Charter, one shall | be. designated by ' the Mayor to serve. as President for one year.. “All subge- | quent Presidents of the. Board. shall be elected by the members thereof - for terms. to be. fixed:. by said .board. . The]| Presidént of the* Board ‘shall: in each | case hold' office until-his ‘successor has | been- elected of -until’ his.membership on the Board expires; R Sec: -3, The Board . may:appoint & Secretary. who shall receive -an annual salary -of eighteen hundred dollars. The Board may. eniploy such elerks, super- intendents,” inspéctors, “engineers,. sur- veyors, deputies; architécts and work- meén as shall be hegeéssary. to a proper discharge of their duties under. this Ar- ticlg, and -fix their compénsation; but ho compensation: to any of-said persons shall be.greater than is. paid in the case of similar employments. . Sec: 4. The Board shall -establish all neeessary riles and regulations for its gavernment, and for the. performance of its duties, and for thé regulation and eonduet: of its officers and . employes; and shall require adequate bonds from | its:officers and employes, except labor- | ers, for the faithful performanece of all’| their: duties in such:sums as may - be | fixed by the Superyisors. Said ‘bonds shall be approved: by’ the ‘Mayor. and shall be filed in:the offi¢e of ‘the Audi- tor. s Sec. 5. -The Board shall hold regular meetings at least: once: each week at a place and'time to he fixed by resolution entered on its minutes: . No changes'in place or'time of regutar meetings shall be made:without & resolution passed at least . two - weeks - before:. the ‘time the change-is to go into effect.; 'Such spe- cial meetings may be held as the Com- ‘missioners’ may. .deem necessary after notice. of the same has been posted ten hours. before the time ‘of ‘holding 'any such meeting. Ail, miéetings. shall -be public.: -No business shall be transacted at an adjourned meeting except such as may have been under,-or proposed for, consideration —at--the- meeting " from which ‘the -adjournment ‘was ‘had. - No business shall e transacted :at a spe- cial:meeting except thatwhich 18 hamed in the notice ‘of: said .meeting. = Speci: meetings :may he calléd by any member: by ‘the B oard. the vote-thereon ‘shall © Sec: 6. The Board shall keep and preserve a record of all’ifs proceedings; and:copies of: all’plans,. specificitions, 3 ‘certifi- receipts; . surveys, field - notes, maps; ‘plats; profiles, and of all papers’ ertaining -to ‘the. transactfons . of’ the | Board. °- The'. Sécretary of ‘the shall keep 'a record. of a,]lh meetings, and giving the: ‘upon -all: 'votés. . The - tions. -and ' noticés as. Tequi “in this Chapter or which the Board:shall ords .to" be -posted’ or -published. F serform such other ‘duties:’s . breseribed - by - the Sec..7.. The Board shal cessor: in - office. and- shall " h pawers and perform -all the ‘Superintendent ‘6f ways -and :Squares, Hall Comimissioners;.and of the Com- missions in existence at:the ‘time this Charter goes into effect. for the open- | ing, extending, - widening, narrowing, straightening, closing or changing the grades of streets in the City and Coun- e Board shall: immediately wve all the the “duties. of Streets, High- | of ‘the. New City Sec. 8. Thi after its organization..take possession and have the custody and control of ali maps, “plats, surveys, field notes, rec- ords, plans, specifications, réports, con- tracts, models, machinery,instruments, tools, -appliances, .contract rights, priv- ileges, books, documents and archives and - other property belonging to the City and County, or which may be of value and importance'to the City and the offices of the City and County Sur- veyor, - the Superintendent of Public Board of New City Hall Commission- ers, and all commissions in existence ai the time this Charter goes into effect for the opening. extending, widening. narrowing, straightening, - closing or changing the grades of streets, and all retary shall |’ all -orders; .’;ewl’u—- 5 may from |- - service. .He shall other business and works pertaining to any of said offices or commissions. Sec. 9. The Board of Public Works shall have charge, superinterdence anl control, under such ordinances as may from time to time be adopted by the Superyisors: 1. Of all public ways, streets, ave- nues, lanes, alleys, places, courts, roads, highways and boulevards now opened or which may hereafter be opened in the City and County; of the manner of their use; and of all work done upon, over or under the same;and herein particularly the Board shall have exclusive authority to prescribe rules and grant permits, in conformity witn the ordinances of the Supervisors, for the moving of buildings through ths streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks, and of temporary fences enclosing areas upon the side- walks; the laying down and construc- tion of raflroad tracks in the streets; the erection of telegraph and telephone poles, and poles for electric lighting, and the laying under the surface of the streets or sidewalks of telegraphor tele- phone wires,and wires forelectric light- ing and power; the construction of drains and sewers; the laying down and taking up of gas, steamand water pipes, pneumatic or other tubes or pipes, ana sewers and drains, and determining the location thereof; the using of the street or any portion thereof for the deposit of building-material in front or a building during its construction or repair;, or for any purpose other than such as ordinarily and properly belongs to the public from thededication there- of to public use;and without such per- mission in writing from said Toard no person shall do any of the acts in this section enumerated; but nothing in this section shall be so construed as to give said Board the power to grans permits for or allow the permanent en. croachment upon any sidewalk of any structure. 2. Of all sewers, drains and cess- pools, and- of the work pertaining thereto or to the drainage of the City and County; 3. Of the cleaning and sprinkling of all public = streets, avenues, _alleys, places, courts, roads, highways and boulevards, and the lighting of the same and the lighting of the parks, squares and other public places ana public_ buildings; Of the cleaning of all the public | buildings of the City and County and of the appointment of such janitorsana employees as are needed for such pur- pose; 5. Of the supervision of any and all building construction in the City. and County; 6. Of the construction of any and all public buildings and structures, under plans duly approved by the various de- partments, including all school houses and fire-department buildings, and the repair and maintenance of any and all buildings and structures owned by the City and County; 7. Of any and all wires and conduits, the collection and disposal of street refuse, garbage and sewage, and the designing, construction and ~mainten- ance of the sewerage and drainage sys- tems of the City and County; 8. -Of any and all public utilities owned, controlled or operated by the City and County, or which may here- after be so owned, controlled or ope- rated. 9. When at any time any person, company or corporation desires to have opened or torn up the roadway of any street, lane, alley, place or court in the City and County for any purpose, a written application shall be made to the Board of Public Works for permis- sion to do so. The 3oard shall there- | upon ‘make an estimate o-' thu expense of -opening or-tearing up ‘such street, la 1e, alley, place or court and of re- storing the same to as good a condition as it was in before said opening ortear- ing up.. Such peérson, company Or cor- poration must thereupon deposit the amount.of such estimate. with the Board.of Public Works which shall thereupon pay the same into the Gene- ral Fund, - : The Board shall thereupon proceed to open or tear.ur sa:d street, lane, alley, place or court as:in said application re- quested, and shall =t the proper time restors:such street, lane, alley, place or court to as good a condition as it was in before said opening or tearing up. Contracts f-r thé doing cf sucu work by. the Board may be let by it in the manner provided in this Chapter, or the work may, at the option of the Board, be done-ny -days' labor. 1f the expense of such work has been more than the aforesaid estimate, the person,: company. or corporation shall be indebted to the City and County for such balance; and the same shall con- stitute:a lien upon . the property of such person, company or -corporation. Said lien shall remain in force . until such balance has been paid, or until the lien shall ‘be legally ‘dizcharged. Said:lien may be enforced by suit brought by the City and County in ac- cordancé with the provisions of the Code of Civil. Procedure of the State of California. . If the expense of such work-has been: 1 § than the aforesaid estimate, then the surplus snall con- stitute a claim in favor of such person, company or - corporation, against the City and County, and as such. shall be presented, approved and paid as other claims. E Sec. 10. All examinations, plans and estimates-required- by the Superyisors in connection ‘with dany public improve- ments or utilities,” shall be made by the Board of Public. Works and' it shall, when requested to do so, furnish: infor- mation and data for the use of the Su- pervisors. % Sec; 11. Sald-Board shall appoint’ & Civil Engineéer-of: not less : than five years' practical ‘experience. as @ such, Wwho shail -be designated the. City En- gineer. -He shall hold his office' at the pleasure of the Board. P ‘" He shall perform’ all the: civil engin- eering ‘and- surveying reéquired in the prosecution ofthe public ‘works “and improvements.dore under theé direction and supervision -of . sald Board, and | maior part of the superficial area em- shall certify to:the progress and com-- pletion of the same, and ‘do such other surveying or ‘other work as -he may be directed-to do-by said Board or by the Supervisors.. He shall possess the:same power in the City and County.in thak- ‘ing surveys, ‘plats-and. certificates. as 1s-or may from time to time be given all plats; surveys and certificates made by him_shall haye: the same validity be of the:same force and effect as ‘of’ City Engineers and Cdunty . Survey- No-street assessment shall be val- his ¢ertificate -~ as to -the and unless it ' be to the effect ficlal lines, elévations and-grades.” " Sec.-12... ‘He shall serve the Board ex~ ¢lusively and shall:not be engaged in any other:business while he is in its eceive - no - ‘eom- ‘gens'auon :.exeept:” his - salary. . The A oard -shall by resolution. establish fees. and ' charges' for the sérvices ‘to " be_performed . by the-City - En- gineer for ‘pergons, companies and cor- porations, and. may from time to time change and adjust the same. Said En- gineer shall require such fees or charges to be paid in advance for any. official act or service demanded of him, and such moneys thus paid shall be paid to the Treasurer and credited by him to such fund or funds assaid Board may direct. Sec. 13. The Board shall appoint the necessary heads of departments under its charge. Each such head shall have the sole executive control in his own department, subject to the rules and regulations prescribed by the Board. Sec. 14. All public work authorized by the Supervisors to be done under the supervision of ‘the Board of Public ‘Works shall, unless otherwise determin- ed by the Board of Public Works, be done under written contract, except in case of urgent necessity as hereinafter provided; and except as otherwise specifically provided in this Charter, the following proceedings shall be taken in all cases in the matter of the letting of contracts by said by:law:to City.Engineers and to Coun- -ty Surveyors,-and his- official ‘acts and are or may be given by 1aw. to those | Board. Before the award of any con- tract for doing any work authorized by this Article, the Board shall cause no- tice to be posted conspicuously in its office for not less than five days, and ruviished for the same time, inviting sealed proposals for the work contem- plated; except,however, that when any repairs or improvement, not exceeding an estimated cost of five hundred dol- lars, shall be deemed of urgent neces- sity by the Board, such repairs or im- provement may-be made by the Board under written contract or otherwise, without advertising for sealed propo- sals. Sec. 15. Said advertisement and no- tice shall invite sealed proposals to be delivered at a certain day and hour at the office of the Board for furnishing the materials for the proposed work, or for doing said work, or for both, as may be deemed best by the Board, and shall contain a general description of the work to be done, the materials to be furnished, the time in which the work is to be commenced, and when to be completed, and the amount of bond to ‘be given for the faithful performance of the contract, and shall refer to plans and specifications on file in the office of the Board for full details and descrip- tion of said work and materials. Sec. 16. All proposals shall be made upon printed forms to be prepared by the Board, and furnished gratuitously upon application, with a form for the affidavit hereinafter provided for print- ed thereon. Hach bid shall have there- on the affidavit of the bidder that such bid is genuine, and not collusive or sham; that he has not golluded, con- spired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid, or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any ad- vantage against the City and County, or any person interested in said im- provement, for himself or any other person. All bids shall be clearly and distinctly written, without any erasure or interlineation, and if any bid shall have an erasure or interlineation it shall not be received or considered by the Board. Any contract made in vio- lation of any of the foregoing provi- sions, and in the case of improvement of streets, any assessment for the work done under such contract, shall be ab- solutely void. All proposals offered shall be accom- p.nied by a check, certifled by a re- sponsible bank, payable to the order of the Clerk of the Supervisors, for an amount not less than ten per centum of the aggregate of the proposal, and no proposal shall be considered unless accompanied by such check. No person, corporation or firm shall be allowed to make, file, or be interest- ed in, more than one bid for the same work. If on the opening of said bids more than one bid appear in which the | same person, corporation or firm is in- terested, all such bids shall be rejected. Sec. 17. On the day and at the hour specified in said notice inviting sealed proposals the Board shall assemble and remain in session for at least one hour, and all bids shall be delivered to the Board while it is so in session, and within the hour named in_the adver- tisement. No bid not so delivered to the Board shall be considered. Each bid as it shall be received shall be num- bered and marked “Filed” by the Pres- ident and authenticated by his signa- ture. At the expiration of the hour stated in the advertisement within which the bids will be received, the | Board shall, in open session, open, ex- amine and p.blicly declare the same, and an abstract of each bid shall be re- corded in the minutes of the Board by the Secretary. Before adjourning, the Board shall compare the bids with the record made by theSecretary,and shall thereupon, at said time, or at such other time, not exceeding twenty days thereafter, as the Board may adjourn to, award the ‘contract to the lowest bidder, except as otherwise herein pro- vided. ~ Notice of such award shall forthwith be posted for five days by the Secretary of the Board in some conspicuous place In the office of the Board, and be published for the same period of time. The Board may reject any and all bids, and must reject the bid of any party who has been delinquent or un- faithful in any former contract with the City and County, and all bids oth- er than the lowest regular bid; and on accepting sald lowest bid, shall there- upon return to the proper parties the checks corresponding to the bids so re- jected. -1f all the bids are rejected, the Board shall return. all the checks to the proper parties:and again invite sealed proposals as in the first in- stance. The check accompanying the accept- ed bid shall be held by the Secretary of the Board until the contract for doing said work, as hereinafter provided, has been entered into, whereupon said cer- tified check shall be returned to. said bidder. 2 If said bidder falls or refuses to en- ter into the contract to do-said work, as hereinafter provided, then the certi- fied check accompanving his bid, and the amount therein mentioned, shall be forfeited ‘to the City and County, and shall: be _collected ‘and ‘paid into the General - Fund. Neither the Board of Public Works nor-the Supervisors shall have power to relieve from or remit such forfeiture: Sec. 18. If ‘at any time it shall be found that the person to whom a con- tract has been awarded has, in nre- senting any bid ‘or bids, colluded with any other party:or parties, for the pur- pose of preventing any other bid being made, then ‘the ‘confract so awarded shall be null and void, and the Board shall advertise for a new-contract for said work. Sec. 19... In -the case of improvement of streets,.the owners of the major part of the frantage of lots and lands upon ‘the street whereon the work is to be done, .or which are liable to be assessed for. said ‘work, or, in the ‘case of an assessment . district, .the owners: of a braced in such-district, or. their agents, shall. not be required toé. present sealed proposals, but:may, upon making oath that -they . are 'such . owners, or the “agents of ‘Such owners, within ten days - after the first posting of notice of said -award, elect to take said work and en- ter Into. a_wriften contract. to do: the whole work at the price at which the same has been- awarded. - Should sich owners not enter:into'a written con- tract therefor ‘within .said ten days, or should. they enter into:such contract and fail to commence the work within the time stated ‘therein, .which - time shall not ‘be .less than ten nor ‘more than twenty days from the time 6f the rxecution. of such contract; the Board ‘| shall ‘enter.into a contract with | original bidder to whom the contr;]:; was awarded at the price specifi his-bid. -If the original b!gder esdhal.lr; fail or refuse for fifteen days after the first -posting of notice of the award t% el}-kter intt;ldthe z‘:ont_ract. the Board shall again advertise for pro lnsthezf;l,rstxgns}t\ance. 'r» e ec. 20. the owners or contractor who may have entered into any accon. tract do not complete the same within the time limited in :the contract, or within such further time as is here- inafter provided, the Board may relet the unfinished portion of said work in accordance with the provisions in this Chapter prescribed for the letting of the whole. Sec. 21 All contracts shall be drawn under the supervision of the City At- torney, and shall contain detailed spe- cifications of the work to be done, the manner in which it shall be executed, ::gd_ the quality of the material to be \ Every contract entered into by the Board shall be signed by all the mem- bers thereof and by the other contract- Ing party. All contracts shall be signed In triplicate, one of which, with the specifications and drawings, if any, of the work to be done, and the mate- rials to be furnished. shall be filed with the Clerk of the Supervisors; one thereof, with said specifications and drawings, shali be kept in the office HE OLYY AND COUNTI: OFfsan Jdahesen - - o o e specifications and drawings shall be delivered to the contractor. ‘At the same time with the execution of the contract the contractor shall ex- ecute to the City and County and de- liver to the Secretary of the Board a bond in the sum named in the notice for proposals, with two or more sufll- cient sureties to be approved by the Board, or shall deposit with the Secre- tary a certified check upon some sol- vent bank for said amount, for the faithful performance of the contract. No surety on any bond, other than law- companies, fully authorized surety shall be taken ,unless he shall be a payer of taxes on real property the assessed value of which, over and above all incumbrances, is equal in amount to his liabilities on all bonds on which he may be security to the City and County; and each surety shall justify and make an a{fldavit (for which a form shall be printed upon said bond), signed by him, that he is assessed upon the last Assessment Book of the Citr and County in hisf own name for real property in anf amount' greater than his liability on all‘ bonds on which he is surety to the Citys and County, and that the taxes O such property so assessed are not de= linquent. The contract shall specify the time within which the work shall be com- menced, and when to be completed, ns was specified in the notice inviting pro« posals therefor. Upon the recomme:—= dation of the Board, the Supervisors may extend said time; but in no evenf shall the time for the performance of said contract be extended by the Su-l pervisors more than ninety days be- yond the time originally fixed for its completion; but, on the unanimous recommendation of the Board of Publia Works, a further extension may ba granted by vote of fourteen memocrs. of the Board of Supervisors. In case cff failure on the part of the contractor to complete his contract within thes time fixed in the contract, or within such extension of said time as is herein provided, his contract shall be voidy and the Supervisors shall not pay of allow to him any compensation for any work done by hiw. under said contract;s and, in the case of the improvement of streets, no assessment shall be mada for the work done under said contracts Sec. 22. The work in this Article pros vided for must be done under the di< rection and to the satisfaction of the Board of Public Works; and the mater@ jals used must be in accordance Wit the specifications and be to the satiss faction of said Board, and all contracts provided for in this Article must conz tain a provision to that effect, an also, that in no case, except where i is otherwise provided in this Chartery will the City and County, or any des partment or officer thereof, be liabl for any portion of the expense, or im the case of improvement of streetsg for any delinquency of persons OF property assessed. When said work shall have been completed to the satisfaction and ac< ceptance of the Board, it sha. so des clare by resolution, and thereupon the Board shall deliver to the contractor a certificate to that effect. § CEHAPTER IIL Improvement of Streets. SECTION 1. All streets, lanes, alleys, places or courts in the City and Coun- ty, now open or dedicated or which may hereafter be opened or dedicated to public use, caall be deemed and held to be open publc streets, lanes, alleys,t places or courts, for the purposes of this Chapter; and tu: Supervisors are hereby empowered to fix the width} and grade thereof, and to order to be: done therein and thereon any and alll street work and street improvementd under the proceedings hereinafter de-§ scribed. F Seec. 2. Application for the doing ofé any such work or improvement must® in the first instance, except wheraf otherwise provided in this Article, be made in writing to the Board of Pub- lic Works; and if the expense thereof, is to be assessed upon private property, the Board shall investigate the same; and if it determine that such improve ment is expedient, it shall so report tog the Supervisors; and the Supervisor: shall not order any such improvements until the same has been recommended| by said Board.. When the construction of any sewer or drain shall involve cost of more than five dollars per linealll foot for any block, it shall not be au- thorized except by an or' nance passe% - by the affirmative vote of not less tha; fourteen members of the Board of Su< pervisors. If an application is mad for any work or improvement of whichl; the expense is to be paid by the City' and County, and the Board of Public Works shall not approv: of such appli-4 cation, it shall report to the Suporvis-! ors its reasons ‘or such disapproval,} and the Supervisors may then, after! having obtained from the Board of ! Public Works an estimate of the ex pense of said work or improvement, by ordinance passed by the affirmative | vote of not leéss than fourteen members § of the Board of ‘Supervisors, order the doing of said work, or the making of § said improvement. [’- The Board of Public Works may also, | except as herein prohibited, recommend any improvement, the expense of which is to be paid by the City and County, though no application may ‘have been made therefor, and must make, with said recommendation to the Supervis- ors, an estimate of the expense, and in such case the Supervisors may order the same done. : i No street work or street improve- | ments of any kind shall be ordered to | be done by the Supervisors unless a | written recommendation to ‘do the i same has been made to them by the | Board of Public Works, and all such | recommendatjons ‘shall .be made mat- | ters of record. in the office of said | Board. ‘When the Board shall recommendany work to be done on a street intersec- tion or crossing, where the streets do not intersect each other at right angles, it shall in each such case determine what lots in‘the blocks adjacent tosuch intersection or-cro: ing will Le benefit- €d. by -said work, -and shall cause a map to be made on: which shall be delineated the lots so to e henefited. Such map shall be transmitted to the Supervisors with - said - recommenda- tion. Sec. 3. Before recorimending to the Supervisors the ordering of any work or improvement, the expense of which, or any vpart thereof, is to be assessed upon private property, the Board .of Public Works shall pass. a resolution of its intention to recommend the same, specifying. the work to be recommend- ed, and shall fix a day: when it shall take final action upon said resolution. Upon the passage thereof the Secre- tary of the Board shall forthwith, with- out any further authority, cause a copy of said resolution to be posted conspic- uously for five days in the office of said Secretary, and to be published for a period of ten days (legal holidays ex- cepted) and cause a copy to be deposit- ed in the Post Office at the City and County, with postage prepaid, address- ed to each person represented on the Assessment Book of the City and County for the next preceding fiscal year as being owner of land liable to be assessed for said improvement; but if said lot stand on said book in the name of unknown owners, such notice need not be sent. The Board shall also cause to be con- spicuously posted along the line of said contemplated improvement, at points not more than one hundred feet in dis- tance apart, notices, not less than three in all, of the passage of said reso- Jution. Each of said notices shall be headed “Notice of Street Work” in let- . ters of not less than two inches in length, and shall in legible characters state the fact of the passage of saild resolution, its date, and, briefly, the work or improvement proposed, and re- fer to the resolution of intention for tugther‘ pa’fi:culars. - ec. 4. e owners of a majority of the frontage of the pro- rty fron{ing on said proposed work or improvement, — of the Board, and the other with uld‘ and, in case of a district, hose owning -