The San Francisco Call. Newspaper, April 8, 1898, Page 12

THE SAN FRANCISC 0 CALL, FRIDAY, APRIL 8, 1898. CHARTER FOR THE CITY AND COUNTY OF SANFRANCISCO PREPARED AND PROPOSED BY THE BOARD OF FREEHOLDERS, Elected December 27, 1897, In pursuance of the Provisiops of Section 8, drticle XI, of the Constitution of the State of California. CONTENTS. ARTICLE I—-BOUNDARIES., RIGHTS| AND LIABILITIES. | II-LEGI ATIVE DEPART. MENT. Chapter 3—The Board of Supervisors. Chapter T1—Powers of the Supervisors. Chapter 1II—Contracts. ARTICLE III-FINANCE AND TAXA- TION. of Taxes. ral Funds. Custody of ARTICL? Public ipter IV—Payment of Claims. ARTICLE IV-EXECUTIVE DEPART- | er. ecorder. | EGAL DEPARTMENT. erior Court Judges. | Attorney. Attorney, dministrator. —Cc apter V1I—Ri : Chapter IV- Chapter ¥ usti Police Court. X—San Francisco Law Library. TICLE VI-DEPARTMENT OF PUB- LIC WORKS. I—Board of Public Works. II-Improvement of Streets. ter I11—Opening of Streets, “hapter 1 ers and Drainage. apter V—Harbors and Wharves, | ARTICLE VII — PUBLIC SCHOOLS | AND LIBRARIES. Chapter I— Education. A ter 1ll—Powers .of the Board of | ition apter IV—Superintendent of Schools. i ARTICLE VII—Continued. Chapter V—School Tax Levy. Chapter VI—Bchoolhouses and Lots. Chapter VII—Public Library and Read- ing-rooms. ARTICLE VIII — POLICE DEPART- MENT. Chapter I—Organization. Chapter 1I—Police Commissioners. Chapter 1II—Powers of the Board. Chapter IV—Chief of Police. Chapter V—Subordinate Officers. Chapter VI—Police Officers. Chapter VII—Promotions, and Dismissals. Chapter VIII—Unclaimed Property. Chapter IX—Present Police Force. F&‘hgp&er X—rolice Relief and Pension und. ARTICLE IX-FIRE DEPARTMENT. Chapter I-Organization and Powers. Chapter 1I—Dutles of Commissioners. Chapter I11I—The Chief Engineer. Chapter IV—Fire Companies. Chapter V—Fire Marshal. Chapter VI—Fire Wardens. Chapter VII—Firemen's Relief Fund. Chapter VIII—Salaries. Chapter IX—Department of Electricity. ARTICLE X—DEPARTMENT OF PUB- LIC HEALTH. Suspensions and Stolen |ARTICLE XI—DEPARTMENT OF | ELECTIONS. Chapter I—Board of Election Commis- sioners. Chapter TI—Municipal Elections. ARTICLE XII—-ACQUISITION OF PUB- LIC UTILITIES. ARTICLE XIII-CIVIL SERVICE. ARTICLE XIV—PARK COMMISSION- ERS. ARTICLE XV—BONDS OF OFFICIALS. ARTICLE XVI-MISCELLANEOUS. SCHEDULE. ARTICLE 1. Boundaries, Rights and Liabilities. SE ION 1. The municipal corpora- s the City and County of 1cisco shall remain and con- tinue a body politic and’ corporate, in name and in fact, by the name of the | City and County of San Francisco, and by that nam 11l have perpetual suc- and defend in all and In all matters nd place and proceedings; may have ani use a common and alter the same at pleasure purchase, receive, hold and enjoy real and personal property; receive bequ nd donations of | all kinds of propert n fee simple, or in trust for charitable and other pur- poses, and do all ac necessary to carry out the purposes of :uch gifts, | bequests and donations, xith power to ma 11 se or otherwise dispose accordance with the terms of the gift, bequ or trust. Sec. 2. The boundaries of the City and County of fan Francisco are here- by declared to be those set forth in‘ Bection Thirty-nine Hundred and Fifty | of the Political Code of California. | Sec. 3. The City and County of San | Francisco shall continue, under this | Charter, to have, hold and enjoy all property, rights of property, rights of | action of every nature and description | of the existing municipality and is hereby declared *o be the successor of | the same. | Sec. 4. Suits, actions and proceedings | may be brought in the name of the City and County for the recovers of any property, v _or thing belong- | ing thereto, in law or equit:, or dedi- | cated to public use therein, or for the enforcement of any rights of, or con- tracts with, the City and County, | whether made or arising or aceruing | before or after the adopiion of this | Charter. All existing suits, actions and | proceedings in the courts or elsewhere, | to which theCity and Countyis a party, | shall continue to be carried on by or | against the City and County. Sec. 5. No recoursc shall be had against the City and County for dam- age or loss to person or property suf- fered or sustained by reason of the de- fective condition of any sidewalk street, avenue, lane, alley, court or place. or by reason of the defective | condition of any sewer, or by reason of | any defective drainage, whether any of | eaid defects originally existed, or| whether they were occasioned by con- | struction, excavation or embankment; nor shall there be any recourse against | the City and County for want of re- afr of any sidewalk, street, avenue, ane, alley, court or place or by want of repalr of any sewer; ror shall there be any recourse against the City and County for damage to person or prop- erty suffered or sustained by reason of accldenton anysidewalk, street, avenue, lane, alley, court or place, or by falling from any embankment thereon or into | any excavation therein; but in anysuch | case the person or persons on whom the law may have imposed the obli- gation to repair such defect in the sidewalk, street or public highway, or in the sewer, and also the officer or officers through whose officlal negli- gence such defect remains unrepaired shall be jointly and severally liable to the party injured for the darhage sus- tained. me e L T ARTICLE IIL LEGISLATIVE DEPARTMENT. CHAPTER I The Board of Supervisors. SECTION 1. The legislative ‘power -. of the City and County of San Francis- * co shall be vested in a legislative body, which shall be designated the Board of | Supervisors. Such body is also desig- nated in this Charter, the Supervisors. Sec. 2. The Board of Supervisors shall consist of eighteen members, all of whom shall hold office for two years, and shall be elected from the City and County at large. Each one must be at the time of his election an elector of | | the City and County, and must have been such for at least five years next preceding his election. Each Supervis- or shall receive an annual salary of twelv: hundred dollc-s. Every person who has served as Mayor of the City and County, so long as he remains a resident thereof, shall be entitled to a seat in the Board of Supervisors and to participate in its debates, but shall not be entitled to a vote nor to any compensation. Sec. 3. A majority of all the members of the Board shall constitute a quorum, | but a less number may adjourn from day to day and compel the attendance | of absent members in such manner and under such penalties as the Board may | prescribe. Sec. 4. The Board shall: 1. Appoint a clerk, sergeant-at-arms and, when authorized to do so by ordi- nance, such additional clerks and other assistants as may be deemed necessary. 2. Establish rules for its proceedings. 3. Keep a journal of its proceedings, and allow the same to be published. The ayes and noes shall on demand of any member be taken and entered therein. 4. Have authority to punish itsmem- bers for disorderly or contemptuous behavior in its presence. Sec. 5. The Mayor shall be the pre- siding officer of the Board of Supervis- ors. In the absence of the Mayor the Board shall appoint a presiding officer pro tempore from its own members, who shall have the same right t6 vote as other members. Sec. 6. The Bcard shall meet on Monday of each week,or if that day bea legal holiday, then on the next day. The Board shall not adjourn to any other place than to its r« 'ar place of meeting, except in case of great neces- sity or emergency. The meetings of the Board shall be public. Sec. 7. The clerk of the Board, when requested to do so, shall admin- ister oaths and affirmations, without charge, in all matters pertaining to the affairs of his office, and shall per- form such services as may be pre- scribed by the Board. He shall have the custody of the seal, and of all leases, grants and other documents, records and papers of the City and County. His signature shall be neces- sary to all leases, grants and convey- ances of the City and County. Sec. 8. Every legislative act of the City and County shall be by ordinance. The enacting clause of every ordinance shall be in these words: “Be it or- dained by the People of the City and County of San Francisco as foliows.” No ordinance shall be passed except by bill, and no bill shall be so amended as to change its original purpose. Sec. 9. No bill skall become an ordi- nance, nor resolution be adopted, un- less finally passed by a majority of all the members of the Board and the vote be taken by ayes and noes and the names of the members voting for and against the same be entered in the Journal. No ordinance shall be re- Sec. 10. vised, re-enacted or amended by refer- ence to its title; but the ordinance to be revised or re-enacted, or the section thereof amended, shall be re-enacted at length as revised and amended. Bec. 11. An ordinance shall embrace but one subject, which subject shall be expressed in its title. If any subject be embraced in an ordinance and not expressed In ‘its title, such ordinance shall be void only as to so much there- of as is not expressed In its title. Bec. 12. When a bill is put upon its final passage in the Board and fails to pass, and a motion is made to recon- sider, the vote upon such motion shall not be acted upon before the expira- tion of twenty-four hours after ad- Journment. No bill for the grant of any frenchise shall be put upon its final passage within ninety days after its introduction, and no franchise shall be renewed before one year prior to its expiration. Every ordinance shall, af- ter amendment, be laid over for one week before its final passage. Sec. 13. Every bill or resolution pro- viding for any specific improvement, or the granting of any franchise. or privilege, or involving the lease, ap- propriation or disposition of public property or the expenditure of public money, except sums less than two hindred dollars, or levying any tax or assessment, and every ordinance providing for the imposition of a new duty or penalty, shall, after its intro- duction, be published in the official newspaper, with the #&yes and noes, f&r at least five successive days (Sun- d8ys and legal holidays excepted) be- fore final action upon the same. If such bill be amended, the bill as amended shall be advertised for a like period before final action thereon. But in cases of great necessity the officers and heads of departments may, with the consent of the Mayor, expend such sums of money, not to exceed two hun- dred dollars, as shall be necessary to rrlxeet the requirements of such neces- sity. Sec. 14. If any bill be presented to the Mayor containing several items ap- propriating money or fixing a tax levy, he may object to one or more items separately, while approving other por- tions of the bill. In such case he shall append to the bill at the time of sign- ing it a statement of the item or items to which he objects and the reasons therefor, and the item or items so ob- jected to shall not take effect unless passed notwithstanding the Mayor's objection. Each item so objected to shall be separately reconsidered by the Board in the same manner as bills which have been disapproved by the Mayor. Sec. 15. No ordinance shall take ef- fect until ten days after its passage unless otherwise provided in such or- dinance. Sec. 16. Every bill and every resolu- tion as hereinbefore provided, which shall have passed the Board and shall have been duly authenticated, shall be presented to the Mayor for his appro- val. The Mayor shall return such bill or resolution to the Board within ten days after receiving it. If he approve it he shall sign it and it shall then be. come an ordinance. If he disapprove it he shall specify his objections there- to in writing. If he does not return it with such disapproval within the | time above specified, it shall take ef- | fect as if he had approved it. The ob- | Jections of the Mayor shall be entered at large in the Journal of the Board, and the Board shall, after five and | within thirty days after such bill or | resolution shall have been so returned, | reconsider and vote upon the same. If| the same shall, upon reconsideration, be again passed by the affirmative vote of not less than fourteen members of the Board, the presiding officer shall certify that fact on the bill or resolu- tion, and when so certified. the bill shall become an ordinance with like ef- | fect as if it had been approved by the | Mayor. If the bill or resolution shallfail | to receive the vote of fourteen members of the Board it shall be deemed finally lost. The vote on such reconsideration shall be taken by ayves and noes and | the names of the members voting for and against the same shall be entered | in the Journal. Sec. 17. All ordinances and resolu- | tions shall be deposited with the Clerk of the Board who shall record the same at length in a suitable book. Sec. 18. No ordinance shall be re- pealed except by ordinance adopted in | the manner hereinbefore set out, ana such ordinance shall be presented to the Mayor for his approval as herein- before nrovided. Sec. 19. Except as provided in Chap- | ter IIT of Article III of this Charter, all | demands payable out of the Treasury must, before théy can be approved by | the Auditor or paid by the Treasurer, be first approved by the Board of Sup- | ervisors. All demandsformore thantwo | hundred dollarsshall bepresented tothe | Mavor for is approval, in the manner | hereinbefore providel for ths passage | of bills or resolutions. All resolutions directing the payment of money other than salaries or wages, when the | amount exceeds five hundred dollars, ;shall be published for five successive days (Sundays and legal nolidays ex- | cepted) in the official newspaper. Sec. 20. . 1e. r there shall be pre- sented to the Board of Election Com- missioners a petition signed by a num- ber of voters equal to fitean per| centum of the votes cast at the last| | preceding State or City ard County | | election, asking that an ordinance to be | set forth in such petition, be subr (ted to a vote of th electors of -h» City and | County, the Board of Election Com- missioners must submit such proposed | ordinance to tle vote of the electors ~t | the next election. The sigratures to the petition need | | not all be appended to one paper, but | each signer shall add to his signature | his place of r--idence, giving the street and- number. One of the signers of each such paper shall 1. ake oath be- fore an officer competent to admin.:ter oaths, that the statements therein | made are true, and that each signature to the paper appended is the genuine | signature of the person whose name purports to be thereto subscribed. The tickets used in such election ghall contain the words “FOR THE | ORDINANCE"” (stating the nature cf; the propoged ordinance) and | “AGAINST TIIE ORDINANCE” (stat- | ing the nature of the proposed ordi- nance). If a majority of the votes cast vron such ordinarce shall be in favor of the adoption therec ®, the Board of Election Commissioners shall within thirty days from the time of such election, pro- c’aim such fac': nd upon such procla- mation such ordinance shall have the same force and effect as an ordinancz passed by the Supervisors and ap- proved by the Mayor, and the same shall not be repealed by the Supervi- sors. But the Supervisors may submit a proposition for the repeal of such ordinance, or for amendments thereto, for vote at any succeeding election; and shoyld such proposition, so submitted, receive a majority of the votes cast thereon at such election, such ordi- nance shall be repealed or amended accordingly. Sec. 21. Except as otherwise pro- vided in the Constituticn of the State, or as otherwise provided in this Char- ter, every ordinan:e involving the granting by the City and County of any franchise for the supply of light or water, or for the lease r sale of any publicutility, or for thepurchaseof land of more than fifty thousand dollars in value must be submitted to the vcie of the electors of th City and County at the election next ensuing after the adontion of such orainance. The tickets used at such election shall contain the words “FOR THE ORDINANCE” (stating t..e nature of the proposed ordf nce) and “AGAINST ThE ORDINANCE” (stat- ing the nature o the proposed ordi- nance). 1f a majority of the votes cast upon such ordinance shall be in favor of the adoption thereof, the Board of Elec.ion Commissioners ~shall, within thirlv days from tl~ time of such clection, proclaim such fact; and upon such proclamation such ordinance shall have the same force and effect as an ordi- nance passed by the Supervisors and approved by the Mayon No such franchise, or lease or sale of any public utility or purchase of land shall be of any force or effect ex- cept it be made by ordinance, and suc! ordinance be adopted by the people as in this section provided. Sec. ‘Whenever there shall be presented to the Supervisors a petition | signcd by 2 number of voters equal fifteen per centum of the votes cast at Lt the last preceding State or municipal | labor in any calendar day, and that tk . |. oxi‘v}crymddnmnm.mmmuan election, asking tkat an amendment or amendmeuts t this Charter, to be set | out in such petition, be submitted to | the people, the Board must submit to the vote of the electors of the City and County the proposed amendment or amendments. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of residence, giving the street and number. One of the signers of éach such paper shall make oath be- fore an o1 cer competent ta administer 0aths that the statemerts made therein are true and that each signature to such paper appende® fs the genu'ie signature of the person whose name purports to be thereto subscribed. The Board of Election Commissioners must make al; necessary provision for submitting the proposed amendment or amendments to the electors at & spe- clal election to be called by it, and shall canvass the vote in the same manner s In other cas 3 of election. All the provisions of the Constitution of the State embracing the subject in this section provided for are hereby ex- pressly made applicable to such pro- posed amendment or amendments. But if at any time there shall be no consti- tutional provision or provisions under which this Charter may be amended, then the aforesaid amendment or amendments must be submitted by the Board of Election Commissioners tc the vote of the electors of the City and County at the election which next en- Sues after such petition is filed with the Supervisors, if any such election is not to be held within sixty days after the filing of such petition. The tickets used at such election shall contain the words “FOR THE AMENDMENT” (stating the nature ‘Bf the proposed amendment) and AGAINST THE AMENDMENT” (stating the nature of the proposed amendment), If a majority of the votes cast upon such amendment or amendments shall be In favor of the adoption thereof, the Board of Election Commissioners shall, within thirty days from the time of such election, proclaim such fact, and thereupon this Charter shall amended accore \gly. 3 CHAPTER II. Powers of the Supervisors. SECTION 1. Subject to the pro- Visions, limitations and restrictions in this Charter contained, the Board of Supervisors shall have power: 1. To ordain, make and enforce Within the limits of the City and County all nec- ssary local, police, sani- tary and other laws and regulations. 2. Except as otherwise provided in this Charter, or in the Constlitution of the State of “.lifornia, to regulate and control for any and every purpose, the use of the streets, highways, public thoroughfares, public places, alleys, and sidewalks of the City and ~-unty. To permit the laying down of rail- road tracks and running cars thereon, along any street or portion of a street, for the sole purpose of excavating and filling in a street or portion of a street or the adjoining land, for such limited ime as may be necessary for such purpose and no longer. Such tracks must be laid level with the street and must be operated under such restric- tions as not to interfere with the use of such streets by the public. 4. To empower street railway com- panies, under such’ conditions as the Board may see fit t. impose, to convey street sweepings and offal to the public parks. 5. To fix the limits within which wooden bufllags or structures shall not be erected, placed or maintained, and to prohibit the same within such limits. Such limits when once estab- lished shall not be changed except by extension. 6. To provide fo. the abatement er summary removal of any nuisance and to condemn and to prevent the occu- pancy of unsafe structures. 7. To regulate the use of hackneycar- riages and public passenger vehicles, and to fix the rates to be charged for the transportation of persons or per- sonal bagg:ge. 8. To provide a public pound and to make all necez- .ry rules and regula- tions in the matter of animals running at large, and for the custody and de- siruction of the same. 9. To provide and maintain morgue. 10. To provide places for the deten- tion of witnesses and persons charged with insanity, separate and ~part from places where criminals or persons ac- cused of public offenses are imprisoned. 11. To establish, maintain aad regu- late, and change, discontinue and re-establish City and County jails, prisons and houses of detention, pun- ishment, confinement and reformation, hospitals and almshouses. 12. To purchase or acquire by con- demnation such property as may be needed for public use. 13. Except as otherwise provided in this Charter, to regulate and control the location and quality of all appli- ances necessary to the furnishing .f water, heat, light, power, telephonic and telegraphic service to the City and County, and to acquire, regulate and control any and all appliances for the sprinkling and cleaning of the streets of the City and County, ard for flush- ing the sewers therein. 14. To fix and determine by ordin- ance in the month of February of each year, to take effect on the first day of July thereafter, the rates or compensa- tion to be collected by any person, com- pany or corporation in the City and County, for the use of vater, heat, light or power, supplied to the City and County, or to the inhabitants thereof, and to prescribe the quality of the ser- vice. 15. To impose license taxes and to provide for the collection thereof; but no license taxes shall be imposed upon any person who, at any fixed place of business i the City and County, sells or manufactures goods, wares or mer- chandise, except such as require per- mits from the Board of Police Com- missioners as provided in this C: urter. 16. To prescribe fines, forfeitures and penalties for the breach of any ordin- ance; but no penalty shall exceed the amount of five hundred dollars or six months' imprisonment, or both. 17. To fix the fees and charges for all official services not otherwise pro- vided for in this Charter. 18. To allow not to exceed two thou- sand five hundred dollars in any year for the celebration of the anniversary of our National Independence, and not to exceed five hundred dollars in any year for the observance of Memorial Day. 19. To appropriate such sums as may be paid into the treasuryfrom fines col- lected on conviction of persons charged with cruelty to animals, and to author- ize the payment of the same or some part tnereof o any soclety that shall efficiently ald in such convictions. 20. To provide for the payment of. -compensation to the interpreters ap- pointed by the Judges of the Superior Court, to interpret testimony in crim- inal cases in said Court or the Police Court, or upon inquests and examina- tions. Such compensation shall not ex- ceed one hundred dollars a month for each interpreter. 21. To offer rewards not exceeding one thousand dollars In any one in- stance for the apprehension and convic- tion of any person who may have com-’ mitted a €elony in the City and County, and to authorize the payment thereof. 22. To provide in the annual tax levy for a special fund to be used in the construction of a general system of drainage and cewerage. 23. To provide a Seal fop the City and County, and Seals for the several departments, boards and officers there- of, and a Seal for the Police Court. 24. To fix the hours of labor or serv- ice required of all laborers in the serv- ice of the City and County, and to fix their compensation; provided that eight hours shall be the maximum_hours of a ‘| than twenty nor more than thirty days minimum wages of two dollars a day. 25. To set apart as a boulevard or boulevards any street or streets,orpor- | tions of a street or streets, over which there is no existing franchise for any street railroad. 26. To construct or permit the con- struction of tunnels, under such rules and regulations as the Board may pre- scribe. 27. To regulate street railroads, tracks and cars; to compel the owners of two or more of such roads using the same street for any distance not ex- ceeding ten blocks™ to use the same tracks and to equitably divide the cost of construction and expense of main- tenance thereof between the owners; to fix, establish and reduce the fares and charges for transporting passengers and goods thereon; to regulate rates of speed, and to pass ordinances to pro- tect the public from danger or incon- venience in the operation of such roads. 28. To allow any transcontinental or other railroad company having not less than fifty miles of road actually con- structed 1d in operation to enter the City and County with its road and run its cars to the water front at the most suitable point for public convenience. No exclusive right shall be granted to any railroad company; and the use of all such rights shall at all times be sub- Ject to regulation by the Supervisors. Every ordinance granting such right shall be upon the conditions that said company shall pave and keep in repair the street from curb to curb in such a manner and with such material as may from time to time be prescribed by the Supervisors, and that such company | shall allow any other railroad company | to use in common with it the same | track or tracks, each paying an equal | portion for the construction and repair | of the tracks and appurtenances used | by such railways jointly. . To convey lands in accordance with the provislons of the Act of the Legislature of the State of California, entitled “An Act to expedite the settle- | ment of land titles in the City and County of San Francisco, and to ratify and confirm the acts and proceedings of certain of the authorities thereof,” ap- proved March 14, 1870. 30. To provide for the execution of all trusts confided to the City and County. 3l. To transfer from one department of the City Government vacant and un- used lots of land to another depart- ment. 32. To provide for the lease of any lands now or hereafter owned by the City and County; but all leases shall be made at public auction to the highest responsible bidder at the highest monthly rent, after publication of no- tice thereof for at least three weeks. No lease shall be authorized except by or- dinance passed by the affirmative vote of two-thirds of the members of the Board, and approved by the Mayor, and no lease shall be made for a longer pe- riod than twenty years. 33, To provide for the sale at public auction, after advertising for five days, of personal property unfit or unneces- sary for the use of the City and County. 34. To provide for the purchase of | property levied upon or under execu- | tion in favor of the City and Count but the amount bid on such purchase | shall not exceed the amount of judg-[ ment and costs. | 85. The Supervisors mus’ appropriate annually to the Mayor thirty-six hun- | dred dollars as and for a contingent fund, for which he need furnish no | vouchers | Sec. 2. The Supervisors shall consti- | laborers shall be | tute the Board of Equalization of the | City and County. The Clerk of the Su- | pervisors shall be Clerk of the Board of | Equalization by virtue of his office. Sec. 3. The Board of Supervisors| shall appoint from its members a com- | mittee consisting of three to be denom- | inated Finance Committee, and shall | fill all vacancies in the Committee. The Committee shall investigate the transactions and accounts of all officers having the collection, custody or dis- bursement of public money, or having the power to approve, allow, or audit demands on the treasury; shall have free access to any records, books and | papers in all public offices; shall have | power to administer oaths and affirma- tions, and to examine witnesses, and compel their attendance before them by subpena. The Committee may at any time visit any of the public offices and make its examinations and investiga- tions therein without hindrance. The Committee must, at least once in every six months, examine the official bonds of all City and County officers, and investigate the sufficiency and sol- | vency of the sureties thereon, and re- | port in writing the facts to the Mayor. | Such report shall specify each bond | with the sureties, and the amounts for which each surety is bound, and state whether or not they are sufficlent and solvent. Upon such report the Mayor shall take such actipn as shall be nec- essary to protect the City and County, and may require new bonds when nec essary, and he may suspend any officer | till a sufficient bond is filed and ap- proved. Sec. 4. The Finance Committee shall have power, and it shall be its duty, to examine the records and examine and | expert the books of account of all per- | sons, companies or corporations that | are required to pay a portion of their | gross receipts into the treasury; and shall likewise, as an aid to the fixing of rates for furnishing water and light to the City and County and to the in- habitants thereof, have like power, and it shall be its duty, to examine the records and examine and expert the books of account of any and all per- sons, companies or corporations so furnishing water or light. In the exercise of its functions, the concurrence of two members of the Committee shall be deemed sufficient. The Committee shall keep a record of its proceedings with the names of the witnesses examined and a substantial statement of the evidence taken. If, from the examination made by the Committee, it shall appear that a mis- demeanor in office, or a defalcation, has been committed by an officer, the Committee shall immediately report to the Mayor, who, if he approve the re- port, shall take such proceedings against such officer as are authorized | by law, and may.suspend him pending such proceedings. Any Police Officer shall execute the process and orders of the Committee. Sec. 5. No exclusive franchise or privilege shall be granted for laying pipes,-wires or conduits. Sec. 6. The Board of Supervisors shall have power to grant authority. for a term not exceeding twenty-five years to construct and operate street railways upon, or over, or under, the streets or parts of streets of the City and County not reserved for boulevards or carriage driveways, upon the follow- ing conditions and in the following manner and none other: Upon application being made to the Board for any such franchise, it shall by resolution determine whether such franchise or any part thereof should be granted, and at sald time shall de- termine on what conditions the same shall be granted additional to those conditions provided in this Chapter. After such determination, it shall cause ‘notice of such application and resolution to be advertised in the offi- cial newspaper of the City and Coun- ty for ten consecutive days. Such ad- vertisement must be completed not less before any further action is taken the Board on such application. The al()i)-' vertisement must state the character of the franchise sought, the term of its proposed continuance, and the route to be traversed; that sealed bids will be received up to a certain hour on a day to be named in the advertise- ment: and a further statement that no bids will be received of a stated amount, but that all bids must be for the pavment to the City and County in lawful money of the United States of a stated percentage of the gross annual receipts of the person, com- pany or corporation to whom the fran- chise may be awarded, arising fram its use, operation, enjoyment or posses- | visors, as shown by the ayes and noes, | or from any of said conditions. 10 bond executed to the City and County, with at least two good and sufficient sureties to be approved by the Mayor in a penal sum prescribed by the Su- pervisors, and set forth in such ad- vertisement, conditioned that such bid- der will well and truly observe, fulfill | and perform each and all of the condi- | tions, terms and obligations of the | franchise for which said application | was made in case the same shall be | awarded to him, and that in case of the breach of any of the conditions of such bond, the whole amount of the penal sum therein named shall be taken to be liquidated damages, and that as such shall be .recoverable from the principal and sureties on such bond. At the next regular session after the expiration of the time stated in such | advertisement up to which such bids | will be received. the Board must open | such bids and award the.franchise to | the person, company or corporation of- | fering to pay the highest stated per- centage of the gross receipts nrlsing‘ from the use, operation, possession or enjoyment of the franchise for which such application was made. But no| award shall be made, nor any such ap- | plication granted, unless the stated | percentage offered to be paid for the franchise shall be at least three per centum of such gross receipts during | the flerst five years of the period for which’ the franchise is to be granted, four per centum of the gross recelpts | during the next succeeding ten years, | and five per centum of the gross re- | ceipts during the next succeeding ten years. Except as in this section otherwise provided, bidding for such franchises | must ke in.accordance wi'h the provis- ions of this Charter in relation to bids | made to the Board of P:blic Works, 50 | far as such provisions may be applica- | ble. The Supervisors may reject any and all bids, and may refuse to grant a franchise for any part of the route for | which application” was made. Tvery ordinance making such grant shall re- quire the concurrence of three-fourthsof | all the members of the Board of Super- | and the approval of the Ma or, and at least ninety days shall 1n-i tervene between the introduction and | final passage of any sueh ordinance. It| shall require a vote of five-sixths of all | the Supervisors to pass the ordinance | notwithstanding the objections of the | | Mayor. | If any bid be accepted, the franchise | must be granted upon the express con- | dition, in addition to the conditions re- quired by this Charter, and such other { conditions as may be prescribed by the | Supervisors, that the per centum of the | gross receipts of the railway shall be | paid into the treasury on or before the | tenth day of the next ensuing month | after such gross receipts sha!l have | been earned; and upon the further con- dition that the wholé of the railway shall be continuously operated, and | that at the end of the term the road- | track and bed of such railway and all | its stationary fixtures upon the public streets, shall become the property of the City and County; and that the | grantees will, within one hundred days | after the date of such grant, commence | the construction of such railway, and | continuously thereafter, in each and ev- | ery month until the completion thereof, | expend in such construction at least the sum of three thousand dollars. The failure to comply with any of said conditions shall work an immedi- | ate forfeiture of such franchise and the road or track constructed thereunder. There shall be no power in the Super- | visors to relieve from such forfeiture | On or | before the tenth day of each month af- | ter said receipts shall have been earned, | the President and Secretary of said | | railway company shall make and file with the Clerk of the Board of Super- visors a sworn statement of the gross receipts of such railway for the pre- | ceding month. | In granting any such franchise the | Board of Supervisors shall impose such | other lawful conditions as it may deem advisable, and must expressly provide | that the franchise shall not be renewed | or regranted, and that the Board shall at all times have the power to regulate the rates of fare to be charged by those using, operating, possessing or enjoy- | ing the franchise, and that the Finance Committee of the Board shall at all | times be permitted to examine and ex- | pert their books as to such gross re- | ceipts. All moneys received for such franchises and in payment of the said per centum shall be credited to the General Fund. Sec. 7. The Supervisors shall have no | power to grant franchises or privileges to erect poles or wires for transmitting | electric power or for lighting purposes along or upon any public street or high- | way of the City and County except up- | on all the conditions and in the manner, | including competitive bidding and pay- ment of a percentage of gross receipts, hereinbefore set out, and upon the fur- ther condition that the Board shall at all times have the right to regulate the charges of any person, company or cor- | poration using, enjoying or possessing | such franchise or privilege. | ‘When, on the expiration of any street | railroad franchise, it shall be deemed | inexpedient by the Board to use any of | the property reverting to it by reason | of such expiration in the operation of a street railroad, then the Board shall | have power to lease such property to | any person, company or corporation af- | ter the notice, on the terms, and in the | manner above provided as to the grant- | ing of street railroad .ranchises, as far | as the same may be applicable. But no | ordinance authorizing such lease shall | be passed prior to ninety days next pre- ceding the expiration of such franchise. Any ordinance granting a franchise or authorizing a lease under the provis- | ions of this section shall be in force from and after the expiration of thirty days from the date of its signature by the Mayor, or from and after the expi- ration of thirty days from the date of its passage by the Supervisors over his | objections, unless within said thirty | days a petition signed by a number of the electors of the City and County equal to fifteen per centum of the votes cast at the last precedin have been filed with the Supervisors, asking that said ordinance be submit- | ted to the vote of the people. In such case sald ordinance shall be submitted at the next election to the vote of the electors of the City and County, and unless said ordinance shall at said elec- tion receive in its favor a majority of the votes cast thereon it shall have no force or effect for any purpose. If a majority of the votes be in favor of such ordinance, the Board of Election Commissioners shall, on the conclusion of the canvass of the vote thereon, | proclaim’ such fact, and .upon such proclamation said ordinance shall have full force and effect as of the date aforesaid. Sald petition and submission shall be made in accordance with the provigions of section twenty of Chapter I of this Article. Sec. 8. All claims for damages against the City and County must be presented to the Board of Supervisors and filed with the Clerk within six | months after the occurrence from ! which the damages are claimed to have arisen; otherwise there shall be no re- covery on any such claim. CHAPTER IIL Contracts. SECTION 1. All contracts for goods, merchandise, stores, supplies, subsist- ence or printing for the City and Coun- ty, as well as for all subsistence sup- plies, drugs, and other necessary arti- cles for hospitals, prisons, public insti- tutions and other departments not oth- erwise specifically provided for in this Charter, must be made bythe Supervis- ors with the lowest bidder offering ad- equate security, after publication for not less than ten days in the official newspaper; and no purchase thereof or liability therefor shall be made or cre- ated except by contract. Except as otherwise provided in this Charter, the Board must determine annually what goods, merchandise, stores, supplies, drugs, subsistence and ther necessary articles will be needed by the City and County for the ensulng | Supervisors shall have th g election shall | | celpt all have no power to o "tc:sl;)ay for the same unless ns in this Charter provided e bidding for supplies and no contract of the same un- titive bidding. year, purchase or the provisio as to competitivi are strictly followed, shall be made ;or ange less upon such com All proposals shall be accompap&eg with a certificate of deposit or cert&,i check on a solvent bank in the thy and County of ten per centum or;|t tg amount of the bid, payable at sig! 2 the order of the Clerk of the Supervn ors. If the bidder to whom t‘he‘col: tract is awarded shall for-five days ?er ter such award fail or neglect to e’llred into the contract and file the requ > bond, the Clerk shall draw the mloner due on such certificate of depos E (; check and pay the same into the tr ha Ii ury; and under no circumstances ‘s( ao_ the certificate of deposit or checd oz the proceeds therdeof be returne such defaulting bidder. Notices for proposals for turnlshiing the aforesaid articles shall men: e said articles In general and shall s aay that the conditions and schedule {{n o be found in the office of the Clerh & the Board of Supervisors; and s ie also state that such articles are toa“_ delivered at such_times, in such quqm tities, and in such manner, as &hem.dfir pervisors may designate. An'y b el may bid separately for any xar“de named. ., The award as to each artl e shall in all cases be made to the lo“l;d bidder for such article, and :’:15(1:1988 R one : embraces more than Ay {3 z;c; t or reject such bid or the b 0 gi\‘; one Jor more articles embrac;g therein. In the case of contracts o7 subsistence of prisoners the :\(_1'\?!‘ e ment for proposals shall s_pnmf,\ eanr article required, the quality thgremé the quantity for each person, nn{ e existing and probable number of P T sons to be supplied. No artlele or arc ticles provided for in this section sTh have been made in any prison. 1(; Supervisors shall require hnnds‘“ h sufficient sureties for the faithful C?::k formance of every contract. The Lo of the Supervisors shall furnish pran- ed blanks for all such proposals, ¢ acts and bonds. n—All bids shall be sealed and delivered by the bidder to the Clerk of (hedSI;; pervisors, and opened by the Boart i an hour and place to be st‘atedmln th: advertisement for proposals, presence of all bidders who attend, axfi the bidders may inspect the bids. bids with alterations or _erasures therein shall be rejected. All articles so supplied shall be subject to inspec- tion and rejection by the Supervlsm;s and by the person in char~—- of the ;\ = fice, institution or department for which the same are supplied. Every contract for work to be performed for the City and County must provide tha: in the performance of the contrac hall be the maximum eight hours s hogurs of labor on any calendar day. and that the minimum wages of labor- employed by the contractor in ths g;secutlgn }:)f his contract shall be two dollars a day. Any contract for work to be performed for the City and Coun- ty which does not comply with the pro- visions of this section shall be null ana void, and any officer who shall slg‘nftha same shall be deemed guilty of misfea- sance and upon proof of such misfea- cance shall be removed from office. Sec. 2. All contracts for official ad- vertising shall be let annually in like manner by the Supervisors to the low- est responsible bidder publishing a daily newspaper in the City and Coun- ty which has a bona fide daily circula~ tion of at least eight thousand coples, and has been in existence at the time of letting such contract for at least two vears. In inviting proposals there- for, such advertising shall not be clas- sified and no proposal shall be acted upon which offers to do such advertis- Ing at different rates for different por- s thereof. “OSnuch advertising shall be construed to mean the advertising and publica- tion of all official reports, orders, ordl- nances, messages, resolutions, notices inviting proposals and all notices of every nature relating to City work. 1\10 part or kind of such advertising shall be charged or contracted for at a high- er rate than any other part or kind ot the same is charged or contracted for. except in the case of the delinquent tax list. The newspaper to which the award of such advertising is made !!'!’xa“ be Xnown and designated as the “officlal ewspaper.” n'l'h}za Edvert!sing of the delinquent tax list shall be let to the lowest re- sponsible bidder on a separate bidding from all other officlal advertising. No board, department or officer shall make any publication which is not ex- pressly authorized by this Charter or by the Supervisors. Sec. 3. The Clerk of the Supervisors shall annually, under the direction of the Supervisors, advertise for pro- posals for supplying the varlous departments, officers and offices of the City and County with all stationery and supplies in the nature of station- ery, assessment books, minute books, blank books and the printing of blanks. The contracts for ionery shall’ be separate from those for printing. Notice for proposals for supplies shall require a greater or less quantity to be delivered at such times and in such manner as the Supervisors may desig- nate. The advertisement for bids for paper shall state the weight, quality and size of the various kinds required, and that for printing shall enumerate the various letter heads, tax bills. tax receipts, court notices, and all blanks, papers and documents now used or hereafter required in any and all de- partments of the City and County, in- cluding the forms, papers and blanks now used or hereafter required by the courts of the City and County. The forms for all printing shall be consecutively numbered, and each form and blank shall be known as No. — (specifying the number). Such adver- tisement shall be published for at least ten days, and shall require the bidders to state the price at which each arti- cle will be furnished, printed or manu- | factured, as the same may be required from time to time during such period, and the amount of the bond that will ba | required as security for the perform- ance of the contract. No stationery furnished to any offi- cer or department shall contain the name or names of the officer or offi- cers constituting the head of the de- partment or board. The contract or | contracts must be made with the low- est bidder offering adequate security, | quantity and quality being considered. The Clerk of the Supervisors shall have | rooms in the City Hall for the custody | of such stationery, and when purchased | the same shall be delivered to him, and | he shall issue and distribute the same | to the various departments as re- | quired. He shall keep accounts in detail, | charging himsel? with all goods re- | ceived, and crediting himself with the goods delivered upon order or requisi- tion as hereinafter provided. en | any of such supplies are required, for any department, the Clerk of the Su- pervisors shall issue the same after the requisition_for such articles has been made by the head of such department and approved by the Mayor. All requisitions for printing shall be made in a similar manner. The Clerk shall report monthly in writing to the Supervisors in detail, the amount of all paper, blanks, books, stationery anq printing .ordered by and Celivered to any department or officer. Sec. 4. Any officer of the City anq County, or of any department thereof, who shall aid or assist a bidder in se. curing a contract to furnish labor, ma- terial or supplies, at a higher price or rate than that proposed by any other bidder, or w’ > shall favor one bidder over another, by glving or withholding information, or who shall willfully mis- lead any bidder in regard to the char- acter of the material or supplies called for, or who shall knowingly accept ma- terials or !ups)ues of a quality inferior to that called for by the contract, or who shall knowlagly certify to a great- er amount of labor performed than has been actually performed, or to tte re. of a greater amoznt op differeng v "