The San Francisco Call. Newspaper, April 5, 1898, Page 14

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. # . SR e L O R B e S his custody and safely keep all books, records, maps and papers deposited in | his office. Upon Jdemand 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 be record, maj gov paper, | certified und e hand and £l of his office. When any papers are pyeseme\l | for filing or recording, he or his depu- | ties shall write on the margin of eqch1 paper so presented the number of folios, | the amount pais for recording the | same, and shail numbs consecutively | all in ments and documents filed in | his office. He shall also perform all | other duties at the time and in the| cribed by the general laws manner pr of the State. TICLE V. LEGAL DEPARTMENT. CHAPTER L 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 ! languages, who shall | act as such inte s in criminal ac- tions anu proceedings in all the courts h vy, and in exam-i n the | s nts of the Superior Criminal De Court shall receive an annual salary not ex ing twenty-four hun- dred dollars which shall be in full | compensation for all services including transeription and all stationery used by them. CHAPTER IL The City Attorney. SECTION 1. re shall be an Attor- to practice in all te, and he must d for at least ten e his orfice. prosecute and de- Countv all ac- v, and all spe- st the City er any cause equity or by spe- ts in favor of the shall commence s knowledge, edge, when utien of the give legal ad- all officers, boards n in this Char- ed so to do by them, g, upon separate de- wherein he of record or proceed- ch the City duplicate n ch he shall file pn‘&m' < shall y Attorney may ap- the first of whom an annual salary r An officer of n of the “office, rve on such de- be qualifi practice in all the courts of this State, and must have been =~ aqu at least two | Years next preceding his appointment. | The assistants, clerks pewriter and messen shall be abpointed by the | ity Atton . and shall hold their offices at his pleasure, and the specific g;nles of each shall be prescribed by =9 | SECTIO! The District Attorney 2 by the people and shall | two years. He shall be | &n elector of the City and County and | must at the time of his election be fied to practice in all the courts State, and must have been so ed for it least five years mext preceding election. He shall re- | celve an annual salary of five thou- | sand dollars. | Sec. 2. The District Attorney shall have all the powers conferred, and | ehall discharge all the duties imposed upon. the District Attorneys of coun- ties by the general 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 al! forfeited recognizances therein, and ail actions for the recovery of fines, penalties, 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- urer: file with the Auditor on the first Mondays of January, April, July and October in each year, an itemized statement under oath moneyrs received bv him In his official capacity durir~ the preceding three months: keep a register of his official business in which must be entered a note of every action, whether criminal or civil, nrosecuted officially by him. and of the proceedings therein; and give, when required, without fee, ad- vice to the Board of Police Commis- sioners. the Chief of Police, the Board of Health and the Coroner, npon mat- ters relating to the duties of their re- spective offices. Sec. 3. He may appoint seven Assist- ant District Attorreys to ald him in the discharge of his official duties, three of whom shall act as prosecutors in the Superior Court, and shall each receive an annual salary of thirty-six hundred dollars, and four of whom shall act as the prosecuting attorneys of the Police Court, and shall each receive an annual .salary of twenty-four hundred 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 gherein, they shall be at the cali of the District Attorney for any service connected with his depart- ment. The assistants must each. at the time of his anpointment, be gnalified 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 mav also appoint one chief clerk, who shall | the Police Court, keep the dockets and | and safely keep all books, papers and | | receive an annual salary of twenty- | office for two years and receive an an- showing all | receive an annual salary of eighteen hundred dollars; one assistant clerk, who shall receive an annual salary of twelve 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 1IV. 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 shall 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 entitled 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 vears. He shall have all the powers conferred, and shall dis- charge all the duties imposed upon, they County Clerks of counties by the gen- eral laws of this State, and in addition thereto shall attend and act as Cierk of registers thereof, and take charge of 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 Cler who shall receive an annual salary of twenty-four hundred dollars; a Cash- ier, who shall receive an annual salary eighteen hundred dollars; twelve oom Clerks for the Superior who shall each receive an an- | Court nual salary of fifteen h red dol- | 8 five Register Clerks, who shall €: receive an annual salary of ighteen hundred dollars; ten As- sistant Register Clerks, who shall each receive an annual salary of fifteen hundred dollars; ists, who shall each rec salary of twelve hundred dollars; four Clerks for the Police Court, shall each receive an annual salary of fifteen hundred dollars. Sec. 3. For copies of papers furnish- | ed and certified by him, he shall charge not more than eight cents for each one | hundred words. For certifying copies, | which are not prepared by him, he| shall be entitled to charge twenty-five | cent d also forty cents an hour for | exceeding one hour necessarily | 3 in comparing such copies. He | ust certify all papers presented to | him which are copies of any document, paper or record, or portions thereof, in| his custody. CHAPTER VL The Sheriff. SECTION 1. The Sheriff shall be| ted by the people, and he shall hold for twe years. He shall receive ual salary of eight thousand dol- | ch shall be in full compensa- r all-official services required of v law; but said salary shall be ve of the compensation received from the State for the delivery ners to the State prisons, and insane persons to the State asylums for | the insane. He shall have all the pow- ers conferred, and shall discharge all the duties imposed upcn, the Sheriffs of counties by the general laws of this | State. Sec. 2. He may appoint the follow- ing deputies and emp! es, who shall each respectively receive the following annual salaries: . One Under Sheriff, twenty-four hun- | dred dollars; cne Attorney, eighteen| hundred dollars; one Chief Bookkeeper, | eighteen hundred dollars; two Assistant | Bookkeepers, fifteen hundred dollars; ten Office Deputies, fifteen hundred dol- lars; fourteen Bailiffs, twelve hundred ars; one Chief Jailer at Branch Jail ber One, eighteen hundred dollars; ten Jailers at Branch Jail Number One, twelve hundred dollars; one Superin- | tendent of Branch Jai umbers Two and Three, eighteen hundred dollars; sixteen Guards at Branch Jail Number Two. six hundred dollars; one Matron at Branch Jail Number Three, nine hundred dcilars; six Guards at Branch Jail Number Three, six hundred dol- lars; one Commissary to act for all| 3 fifteen hundred dollars; one iver of Van, nine hundred dollars; and one Bookkeeper, for all said Branch | Jails, fifteen hundred dollars. Sec. 3. The Sheriff may designate the services to be performed by his depu- ties. lars, tion CEAPTER VIL The Justices’ Courts. SECTION 1. The Justices of the Peace shall each receive an annual sal- ary of twenty-four hundred dollars, except the Presiding Justice, who shall seven hundred dcllars. They shall ap- point a Chief Clerk who shall hold nual salary of twenty-four hundred dollars. The Chief Clerk may appoint five Deputie§, 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 Ccurt to be known as the Policg Court of the City and County of San Francisco. Said Court shall consist of four Judges, who shall be elected by the people and hold | office for four years. They shall each | receive an annual salary of thirty-six | hundred dollars. They shall be electors of the City and County at the time of | their election, and must have been such | 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- | ticn qualified to practice in all the | Courts of this State, and who has not | been so qualified for at least five years next preceding his election. The Court shall be divided into departments known as Department Number One, | Department Number Two, Depart- ment Number Three and Department Number Four. The Judges of such Court may hold as many sessions of the Court at the same time as there are Judges thereof. The Judges who shall be elected at the first election under this Charter shell so classify them- selves by lot that two of them shall go | out of office in two years and two of them in four years. They shall choose fromtheirnumbera 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 | mission of the Court after a demurrer | | bond shall have come into his posses- | 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 fid County of San Francisco shall ve: First—Exclusive jurisdiction of all prosecutions for the violation of or- dinances of the Board of Supervisors. Second—Concurrent jurisdiction with the Superior Court of all other misde- meanors and of the examination of all felonies committed in the City and Counl;(yl. 5 Third—Sajd Court, or any Ju thereof, shall have the same powendfi all criminal actions, cases, tions and proceedings may hereafter be conferred by law upon Justices of the Peace. Sec. 3. Proceedings in sald 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 sald 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 lose 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 anpeal 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- pesed statement. Third—Any person who shall solieit or importune any of said Judges. either before or after judgment, to dismiss a | case, or mitigate a sentence, uniess 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 be amended by per- | 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 misdemeanors. | 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. Seventh—Other than lawfully author- ized surety companies, no person shall | be eligible to be a bondsman for any defendant on trial in the Police Court, or on appeal from a judgment therein, except he take an oath that the 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 exempt from execution, and exclusive of all de- mands for which he may become liable by reason of the forfeiture of any ap- peal or bail bonds for which he is surety. 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. 5. The District Attorney shall appoint a Warrant and Bond Clerk who shall receive a salary of twenty- four hundred dollars a year, and three Assistant Warrant and Bond Cler!l each of whom shall receive a salal fifteen hundred dollars a year. No person shall be appointed a “Warrant and Bond Clerk who is not at the time of his appointment qualified to practice in all the Courts of this State. The Warrant and Bond Clerk shall keep his office open continuously night and day for the transaction of business: shall draw complaints in actions in the Po-| lice Court, and apporove the same with his written signature; shall have the| custody of all bail bonds and appeal bonds taken in the Police Court; shall examine the sufficiency of every bail | bond and appeal bond taken in the Po- lice Court and make a return thereon, | within forty-eight hours after such ng form: H R e , 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 incumbrances | herein described, to be correct accord- ing to said records. (Signed Varrant and Bond Clerk.)” i The Warrant and Bond Clerk shall endorse upon the bond the time when it was issued by him, or when it came | into his possession. He may issue bail bonds and appeal bonds when the lia- | bility thereof does not exceedtwo thou- | sand dollars, and order the discharge | from custody of the persons for whom | the bonds are issued; and he may take cash bail to the extent in any one case of one thousand dollars. He must ac- sion, in the followt: “T. | 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 bail and ordering the release of prisoners the Warrant and Bond Clerk shall be | subject to the Judges of the Police | Court, and any violation of a valid order of any of said Judges shall be a | contempt of Court. Sec. 7. For any failure to keep the office of the Warrant and Bond Clerk open continuously he shall be imme- | diately removed from office by the Dis- trict Attorney or by the Mayor. Sec. 8. It shall be a misdemeanor for any person other than a Judge of some Court in the City and County, or other than said Warrant and Bond Clerk, to receive bail money for defendants or to order their discharge. Sec. 9. All demurrers to complaints, notices of motion, statements and bills of exception on appeal to the Superior Court, must be served upon the Assist- ant District Attorney acting in the De- partment of the Court in which the case is set for hearing, or heard or tri. Sec. 10. The County Clerk shall be the Clerk of the Police Court, and he must be present either in person or by deputy at all sessions of the Court in the de- partments thereof; cali the daily calen- dar of the departments, and keep full | and complete records of all cases in the | Court and the disposition made thereof | by the Court. Sec. 11. The Police Judges may ap- point not more than two competent stenographers who shall attend the sessions of the Court and take notes of all preliminary examinations made at the sessions, and transcribe into type-written long hand ali evidence taken by either of them where the par- ties charged have been held for trial, and deliver one copy of the same to the Clerk and one copy to the Disgrict At- torney. Each of such st phers shall be paid for all his , in- cluding transcription and -« 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- n.r{ absence or inability of the Judge to act Sec. 13. The Chief of Police shall cause to be made out and delivered to each of the Clerks of the Court at or before nine o'clock in the forenoon of signed to the departments of the Cot in accordance with the rules and regu- lations established by the Police Judges. The calendar shall state “the offense charged;” whether the defend- ant is “in custody™ or “on bail;” “the amount of bail;"” ‘!:hether cash or bond,” and “the name of the arresting officer.” 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 thie orders of a3 are now or| the Court. | lights, stationery, and all necessary | meetings at least once each week at a Sec. 15. The Police Judges shall adopt all necessary rules and regula- tions for conducting the business of the Court. = Sec. 16. No attorney shall appéar 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 said 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 have and obtain jurisdiction of the same. > CHAPTER IX. The San Francisco Law Library. SECTION 1. The Supervisors must provide, fit up and furnish, with fuel, conveniences, attendants and care, rooms convenient and accessible to the | judges and officers of the courts and of the municipal government sufficient for the use and accommodation of the San Francisco Law Library, established under an Act of the Legislature of this State entitled: “An Act to provide for increasing’ the Law Library of the 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 out of the proper | fund on demands duly audited, in the| mode prescribed by this Charter for | auditing other demands upon the treas- | ury. The County Clerk must pay| monthly to the Treasurer of the San! | Francisco Law Library such moneys as he shall collect under the Act referred | to for the benefit of said Law Library. g 3 ARTICLE VL 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 constitute 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 cne year, one for | two years, and one for three years.| Each year thereafter he shall appoint | for three years one person as the suc- | cessor of the Commissioner whose term | of office expires in that year. All such; appointments shall be so made that not | | more than one member shall at any one time belong to the same political party. No person shall be eligible for | ! appointment as such Commissioner un- | less he is, and has been for at least five years next preceding his appointment, an elector of the City and County. Each | of said Commissioners 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 subse- | quent Presidents of the Board shall be elected by the members thereof for| terms to be fixed by said board. The President of the Board shall in each | case hold office until his successor has | been elected or until his membership | on the Board expires. | Sec. 3. The Board may appoint a | Secretary who shall receive an annual | salary of eighteen hundred dollars. The | Board may employ such clerks, super- | intendents, inspectors, engineers, sur-| | veyors, deputies, architects and Wurk-i men as shall be necessary to a proper | discharge of their duties under this Ar- | ticle, and fix their compensation; but | no 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 necessary rules and regulations for its government, and for the performance | of its duties, and for the regulation and conduct of its officers and employes; | and shall require adequate bonds from its officers and employes, except labor- | ers, for the faithful performance of all | their duties in such sums as may be| fixed by the Supervisors. Said bonds | shall be approved by the Mayor and | shall be filed in the office of the Audi- | tor. Sec. 5. The Board shall hold regular | place and time to be fixed by resolution entered on its minutes. No changes in place or time of regular meetings shall be made without a resolution passed at least two weeks 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. All meetings 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 be transacted at a spe- cial meeting except thatwhich is named in the notice of said meeting. Special meetings may be called by any member of the Board. In every case where a power is exercised under this Article by the Board the vote thereon shall be taken by ayes and noes. Sec. 6. The Board shall keep and preserve a record of all its proceedings, and copies of all plans, specifications, reports, contracts, estimates, certifi- cates, receipts, surveys, fleld notes, maps, plats, profiles, and of all papers pertaining to the transactions of the Board. The Secretary of the Board shall keep a record of all its transac- tions, specifying therein the names of the Commissioners present at all the meetings, and giving the aves andnoes upon ail votes. The Secretary shall post and publish all orders, resolu- tions and notices as required in this Chapter or which the Board shall order to be posted or published. He shall perform such other duties as may from time to time be prescribed by the Board. The Board shall be the suc- Sec. T. cessor in office and shall have all the powers and perform all the duties of the Superintendent of Streets, High- ways and Squares, of the New City Hall Commissioners, 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 grsdel of streets in the City and Coun- Y. Sec. 8. The Board shall immediately after its organization take possession and have the custody and control of al maps, plats, surveys, field notes, rec- ords, plans, specifications, reports, 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 County, and heretofore kept by or in the offices of the City and County Sur- veyor, the Superintendent of Public Streets, Highways and Squares, the | clai) other business and works pertaining to any of said offices or commissions. Sec. 9. The Board of Public Works shall have charge, superintendence and control, under such ordinances as may from time to time be adopted by the Supervisors: L. Of ail 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 the streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks, and of temporary fences enclosing areas upon the side- walks; the laying down and construc- tion of railroad 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 Coard 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 ths same and the lighting of the parks, squares and other public places anag public buildings; 4. 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- ose; % 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, controlied 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 Board shall there- upon make an estimate o- the expense of opening or tearing up such street, lane, 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 person, 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 ot the proper time restore such street, lane, alley, place or court to as good a condition as it was in before said opening or tearing up. Contracts for the doing of 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 oy days’ labor. 1If 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 discharged. Said lien may be enforced by suit brought by the City and County in ac- cordance with the provisions of the Code of Civil Procedure of the State of California. If the expense of such work has been lc s 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 ms. Sec. 10. All examinations, plans and estimates required by the Supervisors in connection with any 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. Said Board shall appoint a Civil Engineer of not less than five years’ practical experience as such, svho shall be designated the City En- gineer. He shall hold his office at the pleasure of the Board. He shall perform all the civil engin- eering and surveying required in the prosecution of the public works and improvements done under the direction and supervision of said Board, and shall certify to the progress and 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 mak- ing surveys, plats and certificates as is or may from time to time be given by law to City Engineers and to Coun- ty Surveyors, and his official acts and all plats, surveys and certificates made by him shall have the same validity and be of the same force and effect as are or may be given by law to those of City Engineers and County Survey- ors. No street assessment shall be val- id without his certificate as to the quantities and unless it be to the effect that the work has been done to the of- ficial lines, elevations and grades. Sec. 12. He shall serve the Board ex- clusively and shall not be engaged in any other business while he is in its service. He shall receive no com- pensation except his salary. The Board shall by resolution establish fees and charges for the services to be performed by the City En- gineer for persons, companies and cor- porations, and may from time to time change and adjust the same. Said En- gineer shall require such fees or cl to be paid in advance for any mm nfit or !ervle:hdemnded of him, such moneys thus paid shall be paid to the Treasurer and credited by him to such fund or funds assaid Board may Sec. 13. The Board shall appoint the necessary heads of departments under its ch Each such head shall have the executive control in his own department, subject to the rules and regulations prescribed by the Board. Sec. 14. All public work authorized Supervisors to be done under the supervision of the Board of Public ‘Works shall, unless otherwisedetermin- ed by the Board of Public Works, be done under written contract, except Board of New City Hall Commission- [in case of urgen ecess; ers, and all commissions in existence as | hereinafter provlded:' n:d ext‘s?pt :: the time this Charter goes into effeci | otherwise specifically provided in this for the opening, extending, wit . | Charter, the o ngs narrowing, straight or | shall be taken in all cases in the matter changing the grades of streets, and alll of the letting of Y sald 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 published for the same time, inviting sealed proposals for the work contem- plated; except, however, that when any repairs or improvement, not exceeding an estimated cost of five hundred dol- lars, shall be deemed of urgent neces- sity by the Board, such repairs or im- provement may be made by the Bogrd under written contract or otherwise, ;:ilthout advertising for sealed propo- s. 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. Each bid shall have there- on the affidavit of the bidder that such bid is genuine, and not collusive or sham; that he has not colluded, 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- panied by a check, certified 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- E | 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 publicly 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 the Secretary,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 | | forthiwith 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 said lowest bid, shall there- | upon return to the proper parties theg checks corresponding to the bids so re- | | jected. If 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. If said bidder fails or refuses to en- ter into the contract to do said work, as hereinafter provided, then the certi- | fied check accompanying 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 contract 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 frontage 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 major part of the superficial area em- braced in such district, or their agents, shall not be required to present sealed proposals, but may, upon making oath that they are such owners, or the agents of such owners, within ten days after the first posting of notice of said award, elect to take said work and en- ter into a_ written contract to do the whole work at the price at which the same has been awarded. Should such 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 of the execution of such contract, the Board shall enter into a contract with the original bidder to whom the contract was awarded at the price specified in his bid. If the original bidder shall fail or refuse for fifteen days after the first posting of notice of the award tt;m e];ner }nto dxhe contract, the Board | 8! again advertise for proposals as in the first instance. e Sec. 20. If the owners or contractor who may have entered into any con- 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. 5 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, :ln:ithequluwotthemtmu 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 apecifications and drawings. if any, of the work to be done, and the mate- to be furnished. shall be filed with the Clerk of the Supervisors; one thereof, said specifications and drawings, shall be kept in the office of the Board. and the other with said | is otherwise provided in this Charter, nd.ine-notnflhmq.:hmu_'m specifications and drawings hall 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 ths faithful performance of @he contract. No surety on any bond, other than law- fully authorized surety companies, shall be taken unless he shall be a payer of taxes on real property. thg assessed value of which, over an 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 affidavit (for which a form shall be p?nled “PO‘U said bond), signed by him}? that he is assessed upon the last Assessment Book of the City and County in his own -name for real prope_rty"in aa amount greater than his liability on a. bonds on which he is surety to the City and County, and that the taxes on such property so assessed are not de- linquent. 2 The contract shall specify the time within which the work shall be com- menced, and when to be completed, 28 was specified in the notice inviting pro- posals therefor. Upon the recommer- dation of the Board, the super‘~;§nrs may extend said time; but in no event shall the time for the performance cf said contract be extended by the Su- pervisors more than ninety days be- yond the time originally fixed for its completion; but, on the unanimous recommendation of the Board of Publie Works, a further extension may be granted by vote of fourteen memocrs of the Board of Supervisors. In case cf failure on the part of the contractor to complete his contract within the time fixed in the contract, or within such extension of said time as is herein provided, his contract shall be void, and the Supervisors shall not pay or allow to him any compensation for any work done by him under said contract; and, in the case of the improvement O streets, no assessment shall be mades for the work done under said contract. Sec. 22. The work in this Article pro- | vided for must be done under the di- rection and to the satisfaction of the | Board of Public Works; and the mater- ials used must be in accordance with | the specifications and be to the satis- { faction of said Board, and all contracts provided for in this Article must con- tain a provision to that effect, and also, that in no case, except where it ! will the City and County, or any de- partment or officer thereof, be liable for any portion of the expense, or in the case of improvement of streets, for any delinquency of persons or property assessed. ‘When said work shall have been completed to the satisfaction and ac- ceptance of the Board, it shall so de- clare by resolu eupon the Board shall del contractor a certificate to that effect. | Improvement of Streets. SECTION 1. All streets, lan places or courts in the Ci ty, now open or dedicate: may hereafter be opened or dedicated to public use, shall be deer to be open pub:ic streets, la places or courts, for the this Chapter; and tue Supe hereby empowered to fix ? | the width and grade thereof, and to order to be done therein and thereon any and all street work and street impr ment under the proceedings hereinafter de- scribed. Sec. 2. Application for the doing of any such work or improvement must in the first instance, except where 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 to the Supervisors; and the Supervisors shall not order any such improvement until the same has been recommended by said Board. When the construction of any sewer or drain shall involve a cost of more than five dollars per lineal foot for any block, it shall not be au- thorized except by an or: nance passed by the affirmative vote of not less than fourteen members of the Board of Su- pervisors. If an application is made for any work or improvement of which the expense is to be paid by the City and County, and the Board of Public ‘Works shall not approvz of such appli- cation, it shall report to the Supervis- ors its reasons for 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 less 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. 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 same has been made to them by the Board of Public Works, and all such recommendations 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 ang! it shall in each such case det what lots in the blocks adjacent tosuch intersection or crocsing will Le benefit- ed by said work, and shall cause a map to be made on which shall be delineated the lots so to be benefited. Such map shall be transmitted to the Supervisors with said recommenda- tion. Sec. 3. Before recommending to the Supervisors the ordering 0f any work or improvement, the expense of which, or any part thereof, is to be assessed upon private property, the Board of Public Works shall pass a resolution of its intention to 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 Sescre- 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 safa 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 bock in the name of unknown owners, such notice need not be sent. The Board shall also cause to be con- spjcuously 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- lution. 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 said resolution, its date, and, briefly. the work or improvement proposed, and re- fer to the resolution of intention for further particulars. Sec. 4 The owners of a majority of the frontage of the pror _rty fronting on said propesed work or improvement, |