The San Francisco Call. Newspaper, April 2, 1898, Page 18

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. e e O AR RO I R N tween the value of said lot in its en- tirety and its value as reduced in size by the appropriation of a part thereof to said public use. The expense of the improvement shall include the value of the land taken, with the improve- ments, if any, thereon, and the expense | of the proceedings for its appropriation | or condemnation. | Sec. 8. On the day named in sz\id‘ notice and upon such other days as the | matter may be continued to, from time | to time, the Board shall proceed to value the several parcels of land nec- | essary to be taken for the purpose of | the intended improvement. Such value | shall certained as of the time of gaid inquiry, independently of any ap- a preciation or depreciation that may be | ca to the same by reason of such | intended improvement, and the Board | shall fix such valuation as. the amount | to be given to the owners therefor. | The Board shall also assess the bene- fits and damag i may result from ‘the contemplated ‘improvement | of the lands within sald district, and shall distribute the total value of-all the 1 and improvements taken, to- ith the damages, if any, | [§ said improvement to the ad- { jacent lands, and the estimated cost and expense of said improvement, in sessment upon each the rm of an a and ev ¥ lot of land within the dis- trict determined to be affected by said | rovement in proportion to the ben- | Ll:[pslo“h‘(‘h the {;Oard shall determine will be received by said lots and landc. Sec. 9. The meetings of the Board, when engaged in making sald valua-| certificate of said Clerk, and a warrant to the Tax Collector directing him to collect the said assessment. The Tax Collector shall, if any part of said as- sessment is not paid within twenty days after said assessment, certificate and warrant shall have been delivered o him, give notice in the official news- paper by ten days' publication therein that he will, on a day and time certain, to be not more than ten days after the expiration of said publication, sell such of the lots of land on which the assess- ment thereon remains unpaid, describ- ing each of said lots so delinquent, to- gether with the amount of the assess- ment and costs due on each, and shall include as part of said costs five per centum on the amount due on each as- sessment so delinquent, as and for the expenses of said sale. He shall there- upon’ sell such lots pursuant to such notice. Redemption may be made from such sale within the time and in the | manner and on the terms as on sales made under execution as provided in the Code 'of Civil Procedure of this State. It any amount remain in the hands of the Tax Collector as a result of the collection of said as- sessment beyond that necessary to make the compensation provided for in | the next succeeding section, and to pay the necessary expenses of said sale, such surplus shall be paid by him pro- portionately to those whose land has been sold as aforesaid. Sec. 18. Upon the report of the Tax Collector to the Supervisors that the amount of sald assessment has been sessment, - shall_be public | collected and pald into the treasury, (‘a‘x‘;)(‘i1 hz;‘cflmaslhe office of the Board, and | the Supervisors shall order to be paid 11 persons interested in such valua- Etlirvnpsnd assessment shall have the right to be present and be heard in person or by counsel. All persons claiming any interest in the lands to be taken for said improvement, or that | out of ‘the treasury the sums fixed in said judgment as the compensation for | the lands to be taken for said improve- | ment; and upon the delivery to the Treasurer by any person entitled to re- Jcelve compensation for any lot of land will be damaged thereby, are.required | so taken, of a conveyance of said lot at or- during such hearing, to flle with |of land to the City and County, ap-| the Board, plats, and a description of | proved by the City Attorney, and a their respective lots of land. certificate from the City Attorney that Sec. 10. In making said assessment|such person is entitled to the compen~ and valuation the Commissioners shall | gation for the lands described in said act as a Board, and said assessment |conveyance, the Treasurer shall pay to and valuation shall be authenticated | said person the amount awarded for by the signatures of sald Commission- |said lot by said judgment of condemna- r S, sment and valua- | tion, after the demand therefor has o1 and recorded in | been audited by the Auditor, ments for Condem- | Sec. 17. If the owner of any of said b-divisions neglect or refuse the Book of A T | nation, shall be prima facie evidence |lots or su of the correctness and regularity of all | for ten days to make and deliver such the proceedings of sald Board and of | conveyance, or be unable by reason of the Supervisors prior to the date of | jncapacity to make a good and suffi- such record. | cient conveyance thereof to the City Sec. 11. In determining the valuation | and County, or if the City Attorney of the property which Is taken for sald | ghall certify that the title to any of improvement the Board shall in its re- gaid lots is'In dispute or uncertain, or port set forth, under appropriate head- ings, a brief description of each lot thereof, the amount allowed for the same, the name of the owner of each lot, when known (and if unknown, that fact shall be stated), and the name of any claimant thereto, or to any inter- est therein; and in making the assess ment for the expense of said improve- ment the Board shall set forth in the assessment, under appropriate head- a brief description of each lot sed, the amount assessed against the same, the person to whom said property was assessed upon the next preceding Assessment Book of the City and County, the owner thereof, if known (and if unknown, that fact shall be stated), and the total amount of the expense of said improvement. Sec. 12. Upon the completion of said valuation and assessment, the Board shall cause to be published for ten days a notice of the completion of said as- sessment and valuation, notifying all parties. therein to examine the same; and for that purpose said assessment, valuation and map shall be opened and exhibited to public inspection at the office of the Board for thirty days after the first publication of said no- tice. During said period of thirty days, but not thereafter, the Board may alter, change or modify said as- sessment. Upon the expiration of said thirty days it shall complete the same in the form of a report and schedule, embracing the value of the lands taken and the assesument of said value, to- gether with the expense of the im- provement, as hereinbefore provided, upon the several lots of land embraced within the aforesaid district. Said re- port and schedule shall, within sixty | days after the first publication of the | last mentioned notice, be filed.in the | office of the County Clerk, together with & petition signed by the President | that there are conflicting claimants to the amount awarded as compensation | therefor, or to any part thereof, a war- | rant upon the treasury for the payment of the amount so awarded shall be by order of the Supervisors drawn by the President and Secretary of the Board | tificate of the Treasurer indorsed thereon that the said warrant has been registered by him and that there ars funds in the treasury set apart to pay | the same, shall be deposited with the | County Clerk; and thereupon, upon a | petition to said presiding Judge by the | President ofthesaid Board, setting forth sald facts, said Judge shall issue an of Public Works, together with a cer- | relative to sewerage or drainage, upon the amount of damage to be paid to such owners for the purpose of such improvement and for the perpetual use of said real estate for sald purpose. Sec. 8. The Board may, when au- thorized by ordinance of the Supervis- ors passed by not less than fourteeen affirmative votes, construct such sew- ers, reservoirs and pumping works as may be necessary to carry out the gen- eral system of sewerage for the City and County. Sec. 9. When, upon the recommenda- tion of the Board of Public Works, the Supervisors shall determine upon any improvement for the purpose of sewer- age and drainage which necessitates the acquisition or condemnation of pri- | vate property, and the Board is unable | to agree with the owner thereof, upon the amount of compensation or dam- | ages to be pald therefor, or when such owner is in any way incapable of mak- ing any agreement in reference thereto, and in all cases in which the Board | shall deem it most expedient, it shall, when authorized by the Supervisors e: pressed by ordinance, have the right to cause said property to be condemned, and to institute proceedings for the condemnation of such property, or for | the ascertainment of such damages in the manner, so far as may be applica- ble, which is provided in this Article for the condemnation of real estate when necessary for the opening of any new street. CHAPTER V. | Harbors and Wharves. SECTION 1. All the Wharves, Water | Front and Harbor of San Francisco which now belong or may hereafter be- long to the City and County, or over which it may at any time lawfully ex- ercise jurisdiction and control. shall be under the management and control of the Supervisors. All said wharves shall | be built and repaired by the Board of Public Works, after proceedings had as provided in this Article for the im- provement or repair of public build- ings. Sec. 2. The Supervisors shall by ordi- nance fix and regulate the tolls for wharfage and dockage, and shall pro- vide for the collection of the same, ex- cept where the wharves are under the jurisdiction of the Board of State Har- bor Commissioners, or may provide that no charges, tolls, dockage or wharfage be imposed or collected. The Supervisors shall not have power to dispose of any wharf, but they may lease any wharf for a term not exceed- ing two years. S S ARTICLE VIIL | PUBLIC SCHOOLS AND LIBRA- f RIES. CHAPTER I The Board of Education. | SECTION 1. The School Department | shall be under the control and manage- | ment of a Board of Education com- | posed of four School Directors, who shall be appointed by the Mayor, and who shall give their entire time to the duties of their office. They shall each County for lots, lands and property be- longing to or claimed by tha School Department. To prosecute and defend all actions at law or special proceedings | or suits in equity conce Ming the enjoy- ment and possession cf sach lots, lands and property. To require the services of the City Attornay in all actions, suits and proceedings by or against the Board of Education. 9. To establish regulations for the disbursement of all moneys belonging to the School Department or to the Common School Fund, and to secure strict accountability in the expenditure thereof; to provide for the prompt pay- ment, on not later than the fifth day of every month, of all salaries due and al- lowed officers, teachers and other em- ployees of the School Department. For this purpose the Auditor shall annually segregate so much of the Common School Fund as shall not exceed twen- ty-eight dollars for each pupil in av- erage daily attendance in the Public | Schools of the City and County during the preceding fiscal year. The amount S0 segregated shall not be applied to the payment of any demand against such Common School Fund during any fiscal year other than for salaries, until all salaries for that fiscal year have been fully paid or provided for. The Board shall ascertain and transmit to the Au- ditor on or before the first Monday in April of each year an estimate of the amount required for such segregation | I”“mn such limit of twenty-eight dol- | ars. 10. All demands payable out of the Common School Fund shall be filed with the Secretary of the Board of Ed- ucation, and after they have been ap- proved by the Board, they shall be signed by the President of the Board and the Superintendent and sent to the Auditor. Every demand shall have en- dorsed upon it a certificate, signed by the Secretary, of its approval by the ment of the property of the School De- l partment. 4. To visit and examine with the as- ‘ sistance of his deputies all the schools at least twice a year and determine | their standing and classification. To; { recommend rules for the promotion of | { pupils from grade to grade, from | i school to school, and for the transfer | and the graduation of pupils. | 5. To recommend to the Board the | courses of studies; the text-books and | books for supplementary use in the i public schools and the purchase of such | | apparatus, books, stationery and other | class-room supplies as may be reguired | | in the schools. | | 6. To report to the Board once a | month upon the standing of schools ex- | | amined by him and his deputies. A Sec. 6. The Superintendent and his deputies shall constitute the City Board of Examination, and shall have | power: | 1+ To examine applicants, and to| | prescribe a standard of proficiency, | which will entitle the person examined | to receive: | |+ a. A high school certificate, valid for | | six years, which shall authorize the | holder to teach any primary, gram- mar, or high school in the City and County. b. A City certificate, grammar grade, valid for six years, which shall authorize the holder to teach any primary or grammar school in the City and County. c. A City certificate, primary grade, valid for two years, which shall au- thorize the holder to teach any primary school In the City and County. They shall report the result of the examina- tion to the Board of Education, and the Board shall thereupon issue to the successful candidates the certificates to which they shall be entitled. 2. To recommend applicants for special certificates valid for a period Board of Education, showing the |not to exceed six years., upon such order ex parte directing the Sheriff to receive an annual salary of three thou- place said Board in the possession of | sand dollars. They shall not be less said land. Sec. 18. At any time thereafter any | claimant to said award, or any part | thereof, may file his petition in said | Superfor Court against all parties in | interest for an adjudication of all con- | flicting claims to the same, or for an | order that the same be paid to him, | | and thereupon such proceedings shall | | than thirty years of age and must have | been residents of the City and County | for at least five years prior to their ap- pointment. The Board shall never be so constituted as to consist of more than two members of the same politi- cal party. The term of office of the Di- rectors shall be four years. Those first appointed shall so classify themselves | date thereof, and the law authoriz- warrant for the amount due and ap- | {proved by the Board, signed by the | | President and Secretary thereof. The | entire monthly salary roil of the De- | partment shall be made up by the Sec- | retary of the Board, and after being | duly audited by the Finance Committee | thereof and approved by a majority of | all the members of the Board, shall be endorsed in the same manner as other demands. The salary roll so audited, approved and endorsed, shall be imme- diately transmitted to the Auditor not later than the third day of every month for comparison with the individual sal- ary warrants issued in the manner above provided; but payments shall be made only on the individual warrants issued in accordance herewith. 11. To lease to the highest responsi- ble bidder, for the benefit of the Com- mon School Fund, for a term not ex- ceeding twenty years, any real property of the School Department not required for school purposes; but no lease shall be made except after advertisement for bids for at least fifteen days in the offi- cial newspaper and by an affirmative vote of at least three members of the Board approved by an ordinance of the Supervisors. 12. To receive and manage property or money acquired by bequest or dona- tion in trust for the benefit of any school, educational purpose or school library; to carry into effect the terms of any bequest not in conflict with the | general laws or this Charter; and to sell | such personal property as shall no longer be required for use in the schools. All moneys realized by such |Ing it by title, date and section. | the Board of Education. | Every person in the. employ of 3. For immoral or unprofessional the School Department entitled to|conduct, profanity, intemperance, or a salary therefrom shall receive & |evident unfitness for teaching, to | be had thereon as may be agreeable by lot that they shall respectively go | to law and equity. Upon entry of final | out of office at the expiration of one, | Judgment in such proceeding, the |two, three and four years. | County Clerk shall, after said demand | gec. 2. The 3oard shall organize by | has been audited by the Auditor, col- | electing one of its number President, | lect the warrant and pay the proceeds | who shall serve for one year and until to the person or persons named in said | pis successor is elected. The Board may | udgment as entitled thereto. It shall elect a Secretary who shall not be a e provided i said judgment that be- | member of the Board, and who shall | fore recelving the proceeds of said war- | | rant said party, or some one author- | ‘lzed in his behalf, shall make and ex- ecute to said City and County and de- liver to the County Clerk a sufficient conveyance of said lot of land. Im- mediately after taking possession of the land required for said street, the Board shall report that fact to the Su- pervisors. . Sec. 19. If any member of the Boara of said Board, to the Superior Court, | be interested in any of the land to be praying for a judgment of sald Court | taken or assessed for such improve- confirming the assessment contained | ment, the Mayor shall appoint, for the therein dgainst "the' respective lots | purpose of making the sald assess- therein described as assessed, and for ment and valuation only, some compe- the condemnation and conveyance to | tent person to act as one of the Com- the City and County, upon the payment | missianers therefor, who shall possess | of the vulue thereof as ascertained by | the same qualifications as are provided | receive an annual salary of eighteen | hundred dollars. | Sec. 3. The Board shall meet at least once a week and at such other times as | it may determine. It shall establish rules for its proceedings; but the con- | current vote of the majority of its members shall be necessary to transact business. In every instance where a power is exercised under this Article by the Board the vote thereon shall be | taken by ayes and noes and entered in the minutes of the Board. CHAPTER IL Schools. SECTION 1. The School Department sales shall be at once paid into the treasury to the credit of the Common | Schoo! Fund. | Sec. 2. The Board shall annually, be~| fore the first day.of May, make a list of supplies estimated to be required by the | School Department for the ensuing fis- | cal year, stating in clear and explicit | terms the quantity and kind of articles needed and how and when they shall be delivered, and shall invite proposals for | furnishing the same by advertising | therefor for at least ten days in the | official newspaper. | __The provisions of Article IT, Chapter | II1, of this Charter, in regard to the ad- | vertising for proposals, the - affidavit | | and security accompanying the same.l | the presentation and opening of propo- | | sals, the awarding of contracts and the | | security for the performance _thereof, | shall, so far as the same can be made | applicable, apply to all proposals and contracts made, awarded or entered | into for furnishing supplies to the School Department. Any contract made | in violation of any provision of this| Article shall be void. said report, -of each of the lots of land alleged in said petition to be nécessary to be taken for said improvement. Sec. 13. On filing such petition, and | upon application to said Court, the Presiding Judge thereof shall appoint some day, not less than ten nor more than thirty days thereafter, as the time when any objections to the con- firmation of said report will be heard by said Court. The Clerk of said Court | shall thereupon cause to-be published | for ten days in the official newspaper, | a notice of the filing of said report and | of the day assigned for the hearing of | any objections that may be made there- | to. Any party interested therein may! at any time before the day assigned fo the hearing thereof file ‘in said Court his objections in writing to the confirm. ation of the same, specifying his objec- tions; and all objections not specified | shall be deemed waived. Upon the day | plemented by ordinance of the Suaper- ; fixed in said order said Court shall pro- ceed to the hearing of any objections that may have been filed fo the con- | firmation of said report. Upon proof of | publication of said notice said Court | shall have and take jurisdiction of said | report and of the subject matter | thereof as a special proceeding; and | for said Commissioners, and who, be- fore entering upon his duties, shall take the.oath of office required of said Commissioners, and enter into a bond for such amount as may be fixed by the Supervisors. Sec. 20. The Supervisors may, on the written recommendation of the Board of Public Works, change the grade of any street or street crossing in the manner and to the grade set out in such recommendation; but no grade shall be changed unless the same pro- ceedings are taken by way of provid- ing ecompensation to those who may suffer damage by such change of grade, so far as such proceedings may e applicablée, as are hereinbefore pro- vidled in the matter of opening, straightening, widening and extending streets; and where such proceedings are mnot -applicable they may be sup- visors. CHAPTER IV. Sewers and Drainage. SECTION 1. The Board of Public Works shall devise a general system shall comprise all the public schools of} Sec. 3. The Board shall, during each the City and County and shall include | year, transmit to the Supervisors a re- primary and grammar schools and may | port in writing for the preceding fiscal | special studies as may be authorized by recommend to the Board of Education | the revocation of any certificates pre- | viously granted by the Board. 4. To recommend the granting of City certificates and the renewal thereof, in the manner provided for the granting and renewal of County cer- tificates by County Boards of Educa- tion in section seventeen hundred and seventy-five of the Political Code. School Tax Levy. SECTION 1. The Board of Education shall, on or before the first Monday of April in each year, report to the Super- | visors an estimate of the amount which fiscal year for the purpose of meeting | the current annual expenses of public instruction in the City and County, specifying the amount required for sup- plies to be furnished pupils, including text books for indigent children; for purchasing and procuring sites; for |leasing rooms or erecting buildings; for ing and repairing buildings; for the last annual apportionment; for the sal- ary of the School Directors, Superinten- ter shall take effect shall continue to constitute the Board of Trustees of said Public Library and Reading Rooms; and all vacancies therein shall be filled by said Board. None of said Trustees shall receive any compensa- tion for his services. Sec. 2. The Supervisors shall, for the purpose of maintaining such/ Library and Reading Rooms and such branches thereof as the Board of Library Trustees may from time to time establish, and for purchasing books, journals and periodicals, and for purchasing or leasing real and “ersonal property, and for constructing such buildings as may be necessary, an- nually levy a tax on all property in the City and County not exempt from taxation which shail not be less than one and one-half cents nor more than wo and one-half cents upon each one undred dollars assessed valuation of said property. The proceeds of said tax shall be credited to the Library Fund. Sec. 3. All revenue from such tax, together with all money or property derived by gift, devise, bequest or| otherwise, for the purpose of the Li- brary, shall be paid into the treasury | and be designated as the Library Fund and be applied to the purposes | herein authorized. If such payment into the treasury should be inconsistent such gift, devise or bequest, the Board shall provide for the safety and pres- ervation of the same and the applica- tion thereof to the use of the Library and Reading Rooms, in accordance with the terms and conditions of such gift, devise or bequest. Sec. 4. The title to all property, real | and personal now owned or hereafter acquired by purchase, gift, devise, be- quest or otherwise, for the purpose of | the Library and Reading Rooms, when | not inconsistent with the terms of llsl acquisition, shall vest in the City and | County, and in the name of the City | and County may be sued for and de- | fended by action at law or otherwise. | Sec. 5. The Board shall take charge | with the conditlons or terms of any | 11 be public, except that executive :;l:slons n‘\’ay be held whenever deemed proper by the Board. The Board shall meet at least once a week in the rooms of the Police Department, or in case of public emergency at such place as the Board may select. The Secretary must keep minutes of its proceedings; and in every case where a power is exer- cised by the Board under this Article the ayes and noes thereon shall be en- tered therein. . E CEAPTER IIL Powers of the Board. SECTION 1. The Board of Police Commissioners shall have power: 1. To appoint, promote, suspend, dis- rate or dismiss any. member of the De- partment in the manner “hereinafter rovided. . SRR 2 2. To prescribe rules and x_'exula.tlc:ns for the government, dis¢ipline, equip= ment and .uniform of the Department, and from time to time’ to alier or re- peal the same,.and, to_prescribe penal- ties’ for the violations§ of any of such rules and regulations.: “All ‘such rules and regulations must: be reasonable. 3. To grant pérmits to"any person desiring to-engage in the sale of liquor in less quantity than ohé quart-and to grant permits to.any.person engaged in the business of - selling’ liquor to be | drunk on the premises,- and to revoke | any such permit when it shall appear |’to the Board that ‘the business of the person to whom such permit. was given |1s conducted - in_a diserderly or im- | propgr manner. . Without ‘such permit | none of such persons shall engage in | the business of selling liquor. If the Board refuse to grant such permit, .or propose to revoke. any permit that has been granted, the person who is re- fused such: permit or whose permit it is proposed. to revoke, shall be entitled to be heard before the Board in person, or through. counsel, and to have, free of charge, all reasopable facilities at the hearing. Such permits shall not be granted for more than three months at one time, and they shall distinctly state | the name of the person to whom the of the Public Library and Readingqsafne is egiven. an% the description of Rooms, and the branches thereof, and | the premises where such business is to of all real and personal property there- | ;. .arried on. Such permits shall at all unto belonging, or that may be ac-|iimas be.subject to inspeotion by any quired by loan, purchase, gift, devise | jomber of the Department. Com- or otherwise, when not inconsistent| ,1aints to revoke permits granted by with the terms and conditions of the | tha Board must be in' writing, signed gift, devise or bequest. It shall meet | o the person making the same and for business purposes at least once a | fijeq with the Secretary of the Board: month, and at such other times as it| anq g copy thereof certified by the may appoint in a place to be provldedl served upon the Secretary must -be for the purpose. A majority of the| jarty complained against at least five Board shall constitute a quorum for ‘ gays before the time set for the hearing the transaction of business. shall be required during the ensuing| | furnishing, fitting up, altering, enlarg- | support of schools organized since the | dent, Deputy Superintendents, and all | other persons employed in the School ‘Department, and for other expenditures necessary for the administration of the gate amount so reported for any one | year shall not exceed the sum of thirty- | two dollars and fifty cents for each pu- pil, who in the fiscal year immediately prior thereto actually attended the schools entitled to participate in the apportionment thereof. Sec. 2. The Supervisors at the time and in the manner of levying and col- lecting other city and county taxes shall levy and cause to be collected for the Common School Fund a tax which, | added to the regular revenue derived from other sources, shall produce an amount of money which shall not ex- ceed thirty-two dollars and fifty cents | for each pupil in attendance during the | preceding fiscal year, as ascertained and reported by the Board of Educa- | tion. | Sec. 3. In case of extreme emergency ’ or great calamity, such as disaster from | fire, riot, earthquake or public enemy, the Board of Education may, with the approval of the Mayor and Supervisors, incur extraordinary expenditures in ex- cess of the annual limit provided for in this Charter, for the repair and con- struction and furnishing of school houses in place of those so injured or destroyed. The Supervisors may, by ordinance, cause to be transferred to the Common School Fund, from moneys in any fund not otherwise appropriated, sufficient money to liquidate such ex- It shall | elect one of its number President, 1 who shall serve for one year and until | his successor is elected, and shall elect | a Librarian and Secretary and such as- | sistants as may be necessary. The Secretary shall keep a full account of | | all property. monev, receipts and ex- | penditures and a record of all its pro- | ceedings. | Sec. 6. The Board, by a majority vote | of all its members to be recorded in its | | minutes with the ayes and noes, shall | have power: 1. To make and enforce all rules, | regulations and by-laws necessary for | the administration, government and protection of the Library and Reading Rooms and branches thereof, and all property belonging thereto, or that may be loaned thereto. | plements, Public School System; but the aggre- | | for the Library and Readin, upon said day and at any other time |Of drainage, which shall embrace all or times to which said hearing may be | matters relative to the thorough, sys- adjourned may hear the allegations of | tematic and effectual drainage of the the parties and proofs adduced in sup- | City and County, and shall from time port of the same, and may confirm said | to time make to’ the Supervisors such report, or change, alter or modify the | recommendations upon the subject of same, or cause the same to be charnged, | Sewerage and drainage as it may deem altered or modified by said Board. Said | proper. fudgmenl of confirmation shall be a| ‘Sec. 2. The Board shall prescribe the len upon each lot of land described in | location, form and material to be used said report for the amount assessed |in the construction, reconstruction and against the same, and shall provide for | the conveyance to the City and County | of each and every of the lots of land | declared necessary for the purpose of said improvement, upon the payment of | the value thereof as fixed by such judgment. Said lien 'shall remain in| force until sald assessment is pald or | legally discharged. | Sec.: 14. Any person- who has filed objections to the ‘confirmation - of -said | report may appeal from said judgment to the Supreme Court at.any time with- | in thirty days after. the entry of 'such judgment. The amount'®f the under- taking on such appeal shall be fixed by | said Presiding Judge, and such under- { taking shall be made payable to the City and County. For the purposes of | such appeal the judgment roll of the | proceedings in the Superior Court shall consist of the report, objections, judg- | ment and bill of exceptions, or so much | thereof as may be necessary to deter- | mine said appedl. If said judgment be | reversed or modified-the Superior Court | shall take such proceedings as will | cause sald assessment and valuation | to be made in accordance with the de- | cision of the Supreme Court. The City | Attorney shall act ‘as the attorney for | the Board of Public Works in proceed- ings ‘under this Chapter. Sec. 15. After the confirmation of said report, if the time for appealing has expired, or if an appeal has been taken and the judgment appealed from has been affirm upon the application of the Board of Public Works the Clerk of the Superior Court shall issye a cer- tificate to that effect to said Board; and sald assessment shall then be re- corded in the Book of Assessments for Condemnation kept for that purpose, and the record thereof signed by the President and Secretary of sald Board. -TheSecretary shall then deliver to the Tax Collector the assessment so con- firmed and recorded, together with said | struct any sewer or other improvemen repairing of all public sewers, man- holas, sinks, drains, cesspools, and all other appurtenances belonging to the drainage system, and of every private drain or sewer emptying into a public sewer, and determine the place and manner of the connection. Sec. 3. The Board shall recommend to the Supervisors rules and regula- tions concerning the public and private sewers and drains in the City and County, and upon recommendation of said Board, the Supervisors are author- | ized to pass an ordinance establishing the same and prescribing the penalties for any violation thereof. Sec. 4. No person shall connect with, or open or penetrate any, public sewer or drain without first obtaining a per- mit in writing from said Board, and complying with the rules and regula-' tions.of the Board in reference thereto. | The Board may also recom- | Sec. 5. mend to the Supervisors the construc- tion of such canals, sewers, tunnels, ditches, drains, embankments, reser- voirs, pumping works, machinery and other works necessary for the proper and effectual drainage of the City and County, together with plans for con- necting the same with sewers and pri- vate drains already constructed or thereafter to be constructed. Sec. 6. The Supervisors may, upon the recommendation of the Board of Public Works, by ordinance passed by not less than fourteen affirmative votes, authorize the purchase of any personal property or the acquisition by purchase or condemnation of any real estate which may be necessary for the con- struction of any sewer or the making of any improvement provided for in this Chapter. Sec. 7. The Board may, with the like approval of the Supervisors, agree with the owners of any real estate, upon which it is deemed desirable to con L | include evening, deportment, technical, | cosmopolitan, high and normal schools. | Sec. 2. Adults shall be entitled to free | instruction in the evening schools; but | 'no child under fourteen years of age| | shall be admitted to such schools. CHAPTER I1I. Powers of the Board of Education. SECTION 1. In addition to the powers conferred by the general laws of the State, the Board of Education shall thavé power: 1. To establish and maintain public schools as provided in this Article, and to change, modify, consolidate or dis-| continue the same as the public wel- | fare may require. 2. To employ such teachers and per- | sons as may be necessary to carry into | effect its powers and duties; to fix, alter and approve their salaries and compensation, and to withhold for good and sufficient cause the whole or any part of the wages, salary or compensa- tion of any person or persons employed as aforesaid; and to promote, transfer and dismiss teachers; but no teacher in the department at the time of the adoption of this Charter, or who shall be hereafter appointed, shall be dis- missed from the department, except for insubordination, immoral or unpro- fessional conduct, or evident unfitness for teaching. All promotions of teachers shall be based solely on merit and suc- cessful teaching. Nothing in this sec- tion shall be construed to prevent the Board from removing teachers holding' only special certificates or serving a probationary term. Charges against teachers must be formally made by the Superintendent after due investigation, | and shall be finally passed upon by the Board after giving the accused teacher due hearing. | 8. To grant, to renew and, for the causes mentioned in section one, sub- division two, of this Chapter, to re- voke, teachers’ certificates. 4. To establish and enforce all nec- essary rules and regulations for the government and efficiency of the | schools and for carrving into effect | the school system; to remedy truancy; | to compel the attendance at school of | children between the ages of six and ' fourteen years who may be found idle in_public places during school hours. 5. To investigate charges against any verson connected with or in the employ of the School Department, and | to take testimony in such investiga- tions. 6. To receive, to take on lease and to hold in trust for the City and County any real estate belonging to or claimed by the School Department. To hold in trust all personal property that may have been or may hereafter be ac- quired by the School Department. 7. On or before the first day in April in each year, to appoint School Census Marshals, and notify the Superintend- ent of Common ' ~hocls of such appoint- ments. Any Census Marshal found in- competent may be discharged by the Superintendent of Common Schools. Snould the Board fail or neglect tc fill the vacancy so caused withinthreedays thereafter by the appointment of a per- son competent to perforin the duties of Census Marshal, such vacancy may be filled by the Superintendent of Com- wion Schools. 8. To sue in the name of the City and year, stating the number of schools within its jurisdiction, the length of time they have been kept open, the number of pupils taught in each school, the average daily attendance of pu- pils in all the public' schools, the number, names and salaries of teach- ers, the dates of their appointments and the character of the certificates held by them, the amount of money drawn from the treasury by the De- | partment during the year, distinguish- ing the State fund from all others, the purpose for which such money has been expended, with particulars, and such other information as may be required by the State Superintendent, the Super- visors or the Mayor. Sec. 4. The Board shall, between the first and twenty-first days of May of each year, adopt a schedule of salaries for the next ensuing fiscal year for teachers and all employees of the School Department. CHAPTER 1IV. Superintendent of Schools. SECTION 1. The Superintendent of Common Schools of the City and Coun- ty shall be by virtue of his office a member of the Board of Education, without the right to vote. He shall re- ceive an annual salary of four thousand dollars. Sec. 2. The Superintendent shall ap- point four Deputy Superintendents. The number of such deputles shall not be increased until the average daily at- tendance shall have reached forty-five thousand, when the Superintendent shall appoint "one additional deputy, and thereafter he shall appoint one deputy for each additional eight thousand <hildren in average daily attendance. If from any cause a Yvacancy occurs in the office of Deputy Superintendent, such vacancy shall be filled by the Superintendent. Sec. 3. Of the Deputy Superin- tendents first appointed, the Superin- tendent shall appoint two for two years and two for four years. All Deputy Superintendents subsequently ;appomted shall hold office for four years. Sec. 4. Such deputies must have had at least ten years’ successful experi- ence as teachers, and shall have been residents of the City and County at least five years preceding their ap- pointment. Sec. 5. In addition to the duties im- posed by the general laws of the State, it shall be the duty of the Superin- tendent: 1. To observe and enforce all rules and regulations of the Board of Educa- tion and to see that no religious or sec- tarian books or teachings are allowed in the schools. 2. To report to the Board of Educa- tion annually, on or before the twen- tieth day of August, and at such other times as the Board may require, all matters pertaining to the condition and progress of the public schools of the City and County during the fiscal year, with such recommendations as he may deem proper. 3. To inform the Board of the con- dition of the schools, schoolhouses and of other matters connected therewith, and to recommend such measures as he may deem necessary for the ad- ‘vancement of education In the City and County, and for the care and. 1pendltures, and provide for the same in | the next tax levy of the City and Coun- | ty. CHAPTER VI School Houses and Lots. SECTION 1. When any locality in the City and County is unprovided with sufficient school accommodations, the Board of Education may, by reso- lution, make a requisition upon the Board of Public Works for plans and specifications and estimates for a new school house, specifying the number of class rooms needed, the location of the | proposed school house, the date on | | which it should be completed, the| |amount of money in the School Fund | available for the purpose, and such | | other information as will enable the | Board of Public Works to prepare the necessary plans, specifications and esti- mates of cost for such school house. If such plans, specifications and esti- mates are approved by the Board of | Education, they shall be endorsed “Approved,” with the date of such ap- | proval, by the President and Secretary | thereof, and returned to the Board of | Public Works, which shall proceed without delay to have such school | house constructed and completed in ac- | cordance therewith. ! When such school house is complet- ed, the Board of Public Works shall notify the Board of Education to ex-| amine the same, and if it built in accordance with the plans and | specifications and within the estimated | cost thereof, the Board of Education | | shall accept and take possession of it. | Sec. 2. When an- school house, build- | ing, fence or other property belonging | to, or connected with, or under the control of, the Board of Education, | needs repairing, altering or improv- | ing, the Board shall notify the Board of Public Works, specifying | in general terms the work to be done. The Board of Public Works shall cause the same to be done forth- with, if the cost thereof shall not ex- ceed two hundred and fifty dollars: otherwise the Board of Public Works shall submit plans, specifications and estimates of cost to the Board of Edu- cation for its approval, and if approved | as provided in section one of this Chap- | ter, the Board of Public Works shall | | cause the same to be done, and if done | |in accordance with the plans and speci- | fications, and within such estimate, the H same shall be accepted and shall ba paid for out of the Common School Fund. Sec. 3. When it is necessary to pur- chase a lot for the use of the School Department, the price paid for such lot shall not exceed the market value of adjacent property of equal size and similarly situated. Any school build- ing hereafter constructed shall have a clear space of at least ten feet around the same. has been | S CHAPTER VII. Public Library and Reading Rcoms. SECTION 1. The Public Library and Reading Rooms of the City and County shall be under the management of a Board of twelve Trustees, one of whom shall be the Mayor of theCity and Coun- ty, who shdll be a member of the Board by virtue of his office. The Board of Trustees of said Library and Reading | Rooms in office at the time this Char- first appointed shall so classify them- | 2. To administer any trust declared | or created for suchsLibrary and Read- ing Rooms and brancheg thereof, and provide memorial tablets and niches to perpetuate the memory of those per- sons who may make valuable donations thereto. 3. To define the powers and pre- scribe the duties of all officers; deter- mine the number of and eélect all nec- essary subordinate officers and assist- ants, and for good and sufficlent cause to remove any officer or assistant. 4. To purchase books, journals, pub- lications and other personal property. 5. To order the drawing and pay- ment upon vouchers, certified by the President and Secretary, of money | from the Library Fund for any liability or authorized expenditure. 6. To fix the salaries of the Librarian and Secretary and their assistants: and, with the approval of the Super- visors, expressed by ordinance. tn erect and equip such building or buildings, room or rooms, as may be necessary g Rooms and branches thereof. 7. To establish such branches of ths | | Library and Reading Rooms as the :grnwth of the City and County may | | from time to time deman 3 Sec. 8. The Supervisors shall have power to approbriate and authorize | the use, either in who'e or in part, of | any real estate belonging to the City | and County, for the vurpose of erect- |ing and maintaining a building or buildings thereon to be used for the Library and Reading - Rooms, or branches thereof, and may appropriate | the whole or any portion of any public building belonging to the City and County for such use. g ARTICLE VIIL POLICE DEPARTMENT. CHAPTER I ; Organization. SECTION 1. The Police Department shall consist of a Board of Police-Com- missioners, a Chief of Police, a Police Force, and of such clerks and em- ployes as shall be necessary to carry into effect the provisions of this Article. Sec. 2. All members of the Police De- partment shall hold office during good | behavior, subject to the provisions hereinafter set forth.relating to pro- motions, suspensions, dismissals and disratements. Bec. 3. No person shall become a member of the Department unless- he shall be a citizen of the United States, of good character for honesty and so- briety, able to read and write the Eng- lish language, and a resident of the City and County for at least five years next preceding his appointment, Every appointee to the Department shall not be less than twenty-one nor more than thirty-five years of age, must possess the physical qualifications - required for recruits of the’ United States Army, and- before his appoint- | ment must pass a satisfactory medical | examination under such rules and regulations as may be prescribed by | ;he Bokalrd of Plulice Commissioners. | n mal appointments of membe: of the D’&anmem. the Board sharlsl! never regard the political or religioug grsfelrences or afliliations of any can- | ate. | CHAPTER II. Police Commissioners, | SECTION 1. The Police De; | shall be under the managemgfi{u::;n;? Board of Police Commissioners consist- | ing of four members who shall be ap-‘ pointed by the Mayor, and each or} whom shall receive an annual salary of | twelve hundred dollars. No person shall be appointed such Commissipner who shall not have been an elector of | the City and County for at least five years next preceding his appointment. Sec. 2. The Board shall never be so | constituted as to consist of more than two members of the same political party. The term of office of the Com- missioners shall be four years. Those selves by lot that they shall respec- tively go out of office at the expiration of one, two, three and four years. Sec. 3. The Commissioners shall be successors in office of the Police Commissioners holding office in the City and County at the time this Charter shall go into effect by virtue of appointment under any statute or law of this State. Sec. 4. The Police Commissioners shall organize by electing one of their number President, who shall hold such of the complaint. 4. At its discretion, upon the peti- tion of any person, firm or corporation, to appoint, and at pleasure to remove, special police officers. Such _officers shall be subject to all the rules and regulations of the Board. 5 To provide for the care, restitu- tion or sale at annual public auction of all unclaimed property that may come into the ' possession of the Property Clerk, and to direct the destruction of such property- as shall consist of im- weapons, Pproperty or any other article, matter or thing used in the commission of crime. 6. To appoint Police Matrons for the care of female prisoners and to pro- vide rules. and regulations for the gov- ernment of the same. To appoint a Police Surgeon who shall receive an'annual salary of fif- teen hundred dollars. Sec. 2. -The President may convene the Board for special meetings. The Secretary of the Board shall be the offi- cial custcdian of all records and official | documents of the Board. | CHAPTER IV. The Chief of Police. SECTION 1. TheChief of Police shall be appointed by the Board of Police | Commissio. ers and hold office for | the_term of four years. He shall re- | ceive an -annual salary of four thou- | sand dollars. He shall have control, management and direction of all. mem- bers .of the Department in the lawful |'exercise of his functions, with full power to detail any of them to such public service' as he may direct, and | with:like power to suspend temporarily any member of the Department. In all cases of such suspension, he shall im- mediately report the same to the Board with the reasons therefor in writing. T | He shall maintain and enforce law ana rigid discipline so as to secure com- plete efficiency of the Department. He shall, subject to the directions and or- | ders” of the Commissioners, have con- | trol of such of the prisons of the City | and County as:-are not by the general law under the control of the Sheriff. .Sec. 2. In the suppression of any riot; - public tumult, disturbance of the public peace, or organized resistance against the laws or public authority, | the Chief of Police shall, in the lawful exercise of his:functions, have all the powers that are now or may be con- ferred on Sheriffs by the laws of the State. Sec: 3... The Chief of Police shall be the chief executive officer of the De- partment. He shall be chargeable with and responsible for the execution of all laws and ordinances and the rules and regulations of . the Department. He shall see that the orders and process issued by the Police Court and such other -orders and process as may be placed in his hands are promptly exe- cuted, and shall exercise such other powérs connected with his office as may be .provided for in the general rules and regulations of the Commis- sioners. Sec. 4. The Chief of Police shall keep a public eoffice in which he shall have the Statutes of this State and of the United States, and all necessary works on criminal law. In case of his tempo- rary absence some competent member of the Department, by him designated for that purpose, shall be in attendance at all hours of the day and night; and in such case he shall make known to such' member of:the Department where he can be found. Sec. 5. The Chief of Police shall de- tail one or more of the members of the Department to attend constantly on the Police Court and to execute its orders and process. He shall detail at his pleasure members of the Department to act as his Chief Clerk, Assistant Clerks, Prison Keepers and Property Clerk. Said’ Chief Clerk and said Property Clerk shall each receive an annual sal- ary of twenty-four hundred dollars. Sec. 6. The Chief of Police may from time. to time ‘disburse such sums for contingent expenses of the Department, as in his judgment shall be for the best Interest- of‘ the City and County, to be paid out of the contingent fund allowed the Department. The aggregate of all such sums shall noét in any one fiscal year exceed the sum of ten thousand d@llars. ‘Provision shall be made by the Supervisors for such contingent fund in the annual tax lévy. The Commission- ers shall allow and order paid out of such contingent fund as contingent ex- penses of the Police Department, upon orders signed by thie Chief of Police, such amounts as may be required. Sec..7. The Chief of Police shall pos- sess powers of general police inspection, supervision and control. over all pawn. brokers, peddlers, junk-shop keepers, dealers in second-hand merchandise, auctioneers and intelligence office keepe ers. All persons engaged in said call- ings must first procure permits from the Commissioners. "In the exercise of such power the Chief may by authority in writing from time to time empowey members of the Police Department, when in search of property: feloniously obtained or in search of suspected of- fenders, or in search of evidence to con-. vict any person charged with crime, to examine the books and the premises of any such person. Any such member of the Police Department, when thereunto empowered in writing by the Chief of Police, may examine property alleged, to have been pawned, pledged, deposit-- ed, lost, strayed or stolen. . - , office for one year. The Board -CHAPTER V. ° ST et i o een hundre X l.,n.,.,_‘m,....mu of “the Bosed i . SECTION 1. Subordinate officers of / r A