The San Francisco Call. Newspaper, April 9, 1898, Page 20

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. A e e ] — e ————— e | id Clerk, d varrant v of said lot in its en- | certificate of sal erk, and a W ttx“;:(e: ;::}113 i‘t:h\ls)lue as reduced in size | to the Tax Collector directing hme to by the appropriation of a part thereof | collect the said assessment. '.l‘hed auf to said public use. The expense of the | Collector shall, if any part of sal) B-tfl improvement shall include the value sessment is not paid within twenty of the land taken, with the improve- days after said assessment, cemt}cale ments, if any, thereon, and the expeyse and warrant shall have been delher'ed of the proceedings for its appropriation | to him, give notice in the official news- or condemnation. | paper by ten days’ publication therein Sec. 8. On the day named In said | yhat he will, on a day and time certain, notice and upon such other days as the | to be not more than ten days after the | i | fon of sal h matter may be continued to, from time | expiration of said publication, sell sucl to time, the Board shall proceed 10| of the lots of land on which the assess- value the several parcels of land nec= ment thereon remains unpaid, describ- | essary to be taken for the purpose of | jng each of said lots so delinquent, to- the intended 1 ]\ru\'ementf. iuc:l1 vslmt! gether with the amount of the 355:5:1; shall be ascertained as of the time Of {mant ang costs due on each, and sl gaid inquiry, independently of any 'ap- include as part of said costs five per preciation or depreciation that may be | .oniun, on the amount due on each as- cuused to the same by reason °'L. U sessment so delinquent, as and for the intended improvement, and the expenses of said sale. He shall there- :h“lt" x such “';‘1;’;]‘“”3\\;]"{;:”&::5:&‘ upon sell such lots pursuant to such o be given to the >for. assess the benc- |notice. Redemption may be made from The Board shall alng BRSO It (@B salekwAthld the time and in atl};: ?‘s. nnd! 5 f;iii‘,,:,mmed improvement | manner and on the terms as qlr:iesd = %t the lands within said district, and | made under execution as provided Sm‘x;m Stribute the total \'ului of 311 ék!ls‘eCodeuot C;\n!; lraor:leoduu;f omnal: n nd improvi en, to- | 3 the lands and improvemenss ta e, o in the hands of the Tax Collector i . as a result of the collection of sald as- y sai v t to the ad- §au=;1;‘ %i: »d‘dt\'xr::lprlo}:eenéz?imfl(ed cost sessment beyond that necessary to ex e ver ., in make the compensation provided for in a}r}\:l f(w}xvx‘; J\"L n‘x’xfi :fiélssmfiff\f&i"im-h the next succeeding section, and to pay e Lo ot of land within the dis- | the necessary expenses of said sale, THot Qetermined to be affected by said | such surplus shall be paid by him pro- {mprovement in proportion to the ben- portionately to those whose land has efits which the Board shall determine | been sold as aforesaid. will be received by sald lots and lande. Sec. 16. Upon the report of the Tax 7 Sec. 9. setings of the Board, | Collector to the Supervisors that the w::\' 'xg:‘gl:‘s«ll?;emailng said valua- amount of said assessment has been tion a \d_ assessment, shall be public|collected and paid into the treasury, : Jfiice of the Board, and | the Supervisors shall order to be paid f\n‘; ‘11:1el:1'mAsLleé in such valua- out of the treasury the sums fixed in tion and assessment shall have the | said judgment as the compensation for right to be present and be heard in | the lands to be taken for said improve- | erso; v counsel. All persons ment; and upon the delivery to the E‘ r‘.nlnn:rm?\)_ n‘. in the lands to | Treasurer by any person entitled to re- be taken for said improvement, or that | ceive compensation for any lot of land | will be damaged thereby, are required | so taken, of a conveyance of said lot to file with 1/ of land to the City and County, ap- description of proved by the City Attorney, and a certificate from the City Attorney that such person is entitled to the compen- sation for the lands described in said conveyance, the Treasurer shall pay to said person the amount awarded for )f said Commission- | said lot by sald judgment of condemna- ment and valua- | tion, after the demand therefor has d recorded in | been audited by the Auditor. ts for Condem- | Sec, 17. If the owner of any of said be prima facie evidence jots or sub-divisions neglect or refuse and regularity of all | for ten days to make and deliver such In making sment on the Commi shall and said essment 1l be authenticated Book of hall of the the proceedi of said Board and of | conveyance, or be unable by reason of the Super ors prior to the date of incapacity to make a good and suffi- such recor | cient conveyance thereof to the City Sec. 11 g the valuation | and County, or if the City Attorney of the p taken for said | shall certify that the title.to any of fmprove! shall in its re- | saiq lots is in dispute or uncertain, or port set fc appropriate head- | that there are conflicting claimants to ription of each 10t | the amount awarded as compensation | mount allowed for the|therefor, or to any part thereof, a war- the name of the owner of each rant upon the treasury for the payment | known (and if unknown, that | of the amount so awarded shall be by be stated), and the name 0f ;rder of the Supervisors drawn by the - President and Secretary of the Board of Public Works, together with a cer- expense of said improve- > tificate of the Treasurer indorsed | rd shall set forth in the thereon that the said warrant has been | 1t, under appropriate head- | registered by him and that there ars | ef description of each 10t f;n4s in the treasury set apart to pay e amount assessed agalnst | the same, shall be deposited with the the person to whom sald Gounty Clerk; and thereupon, upon a 1 upon the Next y.tition to said presiding Judge by the sessment Book of the City | pregigent of thesaid Board, setting forth the owner thereof, 1f ' qoi5 faots, said Judge shall issue an »wn (and if unknown, that fact shall | goo - arte dirediing the Sheriff to nd the total amount of the | ;1500 said Board in the possession of said improvement. e e completion of said Sec. 18. At any time thereafter any ment, the Board claimant to said award, or any part lished for ten days | thereof, may file his petition in said ompletion of said as-. Superior Court against all parties in nd valuation, notifying all jnterest for an adjudication of all con- rein to examine the same; flicting claims to the same, or for an it purpose sald assessment, | order that the same be paid to him, valuation and map shall be opened and thereupon such proceedings shall nd exhibited to public inspection at be had thereon as may be agreeable i th office of the Board for t days to law and equity. Upon entry of final after the first publication of said no- ' judgment in such proceeding, the tice. During said period of thirty | County Clerk shall, after said demand days, but not thereafter, the Board | has been audited by the Auditor, col- nay alter, change or mod said as- Ject the warrant and pay the proceeds Upon the expiration of said to the person or persons named in said thirty it shall complete the same judgment as entitled thereto. It shall in the form of a report and schedule, ' he provided in sald judgment that be- ng the value of the lands taken fore receiving the proceeds of said war- assesument of said value, to- | rant said party, or some one author- with the expense of the Im- jzed in his behalf, shall make and ex- as hereinbefore provided, ' ecute to said City and County and de- ts of land embraced | liver to the County Clerk a sufficient id district. Sald re- conveyance of said lot of land. Im- t ule shall, within sixty | mediately after taking possession of s after the first publication of the | the land required for said street, the 1ed notice, be filed in the Board shall report that fact to the Su- Coynty Clerk, together pervisors. 1 signed by the President Sec. 19. If any member of the Boarad ty the Superior Court, | be interested in any of the land to be juslgment of sald Court taken or assessed for such improve- he S assessment contained | ment, the Mayor shall appoint, for the | the respective lots purpose of making the said assess- | d as as nd for ment and valuation only, some compe- | fon and conveyance to tent person to act as one of the Com- | e ounty, upon the payment missioners therefor, who shall possess -lue thereof as ascertained by the same qualifications as are provided ort, each of the lots of land for said Commissioners, and who, be- in d tion to be necessary fore entering upon his duties, shall 3 for said improvement. take.the oath of office required of said On filing such petition, and | Commissioners, and enter into a bond ication to said Court, the for such amount as may be fixed by the iding Judge thereof shall appoint | Supervisors. e day, not less than ten nor more| Sec. 20. The Supervisors may, on the than thirty days thereafter, as the written recommendation of the Board of the v. said ref 1 time when any objections to the con- of Public Works, change the grade of firmation of said report will be heard | any street or street crossing in the by said Court. The Clerk of said Court | manner and to the grade set out In all thereupon cause to be published | such recommendation; but no grade ten days in the officlal newspaper, | shall be changed unless the same pro- & notice of the filing of said report and | ceedings are taken by way of pmvld-r of the day any ot signed for the hearing of | Ing compensation to those who may ections that may be made there- | suffer damage by such change of party interested therein may | grade, so far as such proceedings may at any time before the day assigned for be applicable, as are- hereinbefore pro- hearing thereof flle in eaid Court vided in the matter of opening, his objections in writing to the confirm- | straightening, widening and extending atlon of the same, specifying his objec- | streets; and where such proceedings : tions not specifi are not applicable they may be sup- ved. Upon the plemented by ordinance of the Super- 4 aid ;:‘d“r said Court shall pro- | visors. ceed to the hearing of any objections | e been filed to the con- | CHAPTER IV. aid report. Upon proof of | o 5 k‘] notice said Court | nd take sdiction of said | of - a iyt of %21 | SECTION L The Board of Public p;,q\] proceeding; and | Works shall devise a general system and“at any other time ©0f drainage, which shall embrace all xid hearing may be matters relative to the thorough, sys- adjourned m » the allegations of tematic and effectual drainage of the the parties jts adduced in sup- | City and County, and shall from time port of the same, and may confirm said | to time make to the Supervisors such report, or change, alter or modify the | recommendations upon the subject of same, or cause the same to be changed, sewerage and drainage as it may deem altered or modified by said Board. Said | Proper. judgment of confirmation shall be a| Sec.2. The Board shall prescribe the lien upon each lot of land described in | location, form and material to be used sald report for the amount assessed in the comstruction, reconstruction and st the same, and shall provide for | repairing of all public sewers, man- the con ance to the City and County | holes, sinks, drains, cesspools, and all of each and every of the lots of land | other appurtenances belonging to the de ed necessary for the purpose of 'drainage system, and of every private said improvement, upon the payment of drain or sewer emptying into a public the value thereof as fixed by such | sewer, and determine the place and judgment. Said lien shall remain in | manner of the connection. force until said assessment is paid or| Sec. 3. The Board shall recommend Sewers and Drainage. report and thereof as a upon said d or times to w relative to sewerage or drainage, upon the amount of damage to be paid to such owners for the purpose of such improvement and for the perpetual use of said real estate for sald purpose. Sec. 8. The Board may, when au- thorized by ordinance of the Supervis- ors passed by not less than fourteeen affirmative votes, construct such sew- ers, reservoirs and pumping works as may be necessary to carry out the gen- | eral system of sewerage for the City ; and County. Sec. 9. When, upon the recommenda- | tion of the Board of Public Works, the Supervisors shall determine upon any | improvement for the purpose of sewer- | age and drainage which necessitates | the acquisition or condemnation of pri- vate property, and the Board is unable to agree with the owner thereof, upon the amount of compensation or dam- ages to be pald therefor, or when such owner is in any way incapable of mak- ing any agreement in reference thereto, and in all cases in which the Board shall deem it most expedient, it shall, when authorized by the Supervisors ex- pressed by ordinance, have the right to cause said property to be condemned, and to institute proceedings for the condemnation of such property, or for the ascertainment of such damages in the manner, so far as may be applica- ble, which is provided in this Article for the condemnation of real estate when necessary for the opening of any new street. CHAPTER V. Harbors and Wharves. SECTION 1. All the Wharves, Water Front and Harbor of San Francisco which now belong or may hereafter be- long to the City and County, or over which it may at any time lawfully ex- ercise jurisaiction and control. shall be under the management and control of the Supervisors. All said wharves shall be built and repaired by the Board of Public Works, after proceedings had as provided in this Article for the im- provement or repair of public build- ings. Sec. 2. The Supervisors shall by ordi- | nance fix and regulate the tolls for | wharfage and dockage, and shall pro- vide for the collection of the same, ex- cept where the wharves are under the Jjurisdiction of the Board of State Har- bor Commissioners, or may provide that no charges, tolls, dockage or wharfage be imposed or collected. The Supervisors shall not have power to dispose of any wharf, but they may lease any wharf for a term not exceed- | ing two years. e ARTICLE VIL PUBLIC SCHOOLS AND LIBRA- RIES. CHAPTER I The Doard of Education. SECTION 1. The School Department shall be under the control and manage- | ment of a Board of Education com- | posed of four School Directors, who shall be appointed by the Mayor, and | who shall give their entire time to the duties of their office. They shall each receive an annual salary of three thou- sand dollars. They shall not be less than thirty vears of age and must have been residents of the City and County for at least five years prior to their ap- pointment. The Board shall never be so constituted as to consist of more than two members of the same politi- cal party. The term of office of the Di- rectors shall be four years. Those first appointed shall go classify themsel\'es‘ by lot that they shall respectively go | out of office at the expiration of one, | two, three and four years. Sec. 2. The 3oard shall organize by electing one of its number President, | who shalf serve for one year and until | his successor is elected. The Board may elect a Secretary who shall not be a /| member of the Board, and who shall | receive an annual salary of eighteen hundred dollars. Sec. 3. The Board shall meet at least | once a week and at such other times as | it may determine. It shall establish | rules for its proceedings; but the con- current vote of the majority of its members shall be necessary to transact business. In every instance where a power is exercised under this Article by the Board the vote thereon shall be taken by ayes and noes and entered in the minutes of the Board. CHAPTER IL Schools. SECTION 1. The School Department shall comprise all the public schools of the City and County and shall include | primary and grammar schools and may include evening, deportment, technical, | cosmopolitan, high and normal schools. Sec. 2. Adults shall be entitled to free | instruction in the evening schools; but | no child under fourteen years of age shall be admitted to such schools. CHAPTER IIL Powers of the Board of Education. SECTION 1. In addition to the powers conferred by the general laws of the State, the Board of Education shall have power: 1. To establish and maintain public schocls as provided in this Article, and to change, modify, consolidate or dis- continue the same as the public wel- | fare may require. | 2. To employ such teachers and per- | | sons as may be necessary to carry into | | effect its powers and duties; to fix, | | alter and approve their salaries and | compensation, and to withhold for good | and sufficient cause the whole or any part of the wages, salary or compensa- tion of any person or persons employed as aforesald; and to promote, transfer and dismiss teachers; but no teacher in the department at the.time of the| adoption of this Charter, or who shall | be hereafter appointed, shall be dis- | missed from the department, except for insubordination, immoral or unpro- fessional conduct, or evident unfitness for teaching. All promotions of teachers shall be based solely on merit and suc- cessful teaching. Nothing in this sec- tion shall be construed to prevent the Board from removing teachers holding only special certificates or serving a probationary term. Charges against teachers must be formally made by the Superintendent after due investigation, and shall be finally passed upon by the | | | | | County for lots, lands and property be- Ionging to or claimed by tha School Department. To prosecute and defend all actions at law or spec:al proceedings Ot Buits in equity conce ming the enjoy- ment and possession cf such lots, lands and property.. To require the services of the City Attornay in all actions, sults and proceedings by or against the Board of Education. 9. To establish regulations for the disbursement of all moneys belonging to the School Department or to the Common School Fund, and to secure strict accountability in the expenditure thereof; to provide for the prompt pay- ment, on not later than the fifth day of €very month, of all salaries due and al- lowed officers, teachers and other em- Pployees of the School Department. For this purpose the Auditor shall annually segregate so much of the Common School Fund as shall not exceed twen- ty-eight dollars for each ‘pupil in av- erage daily attendance in. the Public Schools of the City and County during the preceding fiscal year. The amount 80 segregated shall not be applied to the payment of any demand against such Common School Fund during any fiscal year other than for salaries, until all salaries for that fiscal year have been fully paid or provided for. The Board shall ascertain and transmit to the Au- ditor on or before the first Monday in April of each year an estimate of the amount required for such segregation }withln such limit of twenty-eight dol- ars. 10. All demands payable out of the Common School Fund shall be filed with the Secretary of the Board of Ed- | ucation, and after they have been ap- proved by the Board, they shall be signed by the President of the Board and the Superintendent and sent to the Auditor. Every demand shall have en- dorsed upon it a certificate, signed by the Secretary, of its approval by the Board of Education, showing the date thereof, and the law authoriz- ing it by title, date and section. Every person in the employ of the School Department entitled to a salary therefrom shall receive a warrant for the amount due and ap- proved by the Board, signed by the President and Secretary thereof. The entire monthly salary roll of the De- partment shall be made up by the Sec- retary of the Board, and after being duly audited by the Finance Committee thereof and approved by a majority of all the members of the Board, shall be endorsed in the same manner as other demands. The salary roll so audited, approved and endorsed, shall be imme- diately transmitted to the Auditor not lattr than the third day of every month for comparison with the individual sal- ary warrants issued in the manner above provided; but payments shall be made only on the individual warrants issued in accordance herewith. 11. To lease to the highest responsi- ble bidder, for the benefit of the Com- mon School Fund, for a term not ex- ceeding twenty years, any real property of the School Department not required for school purposes; but no lease shall be made except after advertisement for bids for at least fifteen days in the offi- clal newspaper and by an affirmative Yvote of at least three members of the Board approved by an ordinance of the Supervisors. 12. To receive and manage property or money acquired by bequest or dona- tion in trust for the benefit of any school, educational purpese or school library; to carry into effect the terms of any bequest not in conflict with the general laws or this Charter; and to sell such personal property as shall no longer be required for us> in the schools. All moneys realized by such | sales shall be at once paid into the treasury to the credit of the Common | School Fund. Sec. 2. The Board shall annually, be- fore the first day of May, make a list of supplies estimated to be required by the School Department for the ensuing fis- cal year, stating in clear and explicit terms the quantity and kind of articles needed and how and when they shall be delivered, and shall invite proposals for lumlshlnf the same by advertising therefor for at least ten days In the official newspaper. The provisions of Article IT, Chapter II1, of this Charter, in regard to the ad- vertising for proposals, the affidavit | ment of the property of the School De- partment. 4. To visit and examine with the as- sistance of his deputies all the schools at least twice a year and determine their standing and classification. To recommend rules for the promotion of pupils - from grade to grade, from school to school, and for the transfer and the graduation of pupils. 5. To recommend to the Board the books for supplementary use in the public schools and the purchase of such | apparatus, books, stationery and other in the schools. 6. To report to the Board once a month upon the standing of schools ex- amined by him and his deputies. Sec. 6. The Superintendent and his deputies shall constitute the City Board of Examination, and shall hav power: A 1. To examine applicants, and to prescribe a standard of proficiency, to receive: a. six years, which shall authorize the mar, or high school in the City and County. b. A City certificate, grammar grade, valid for six years, which shall authorize the holder to teach any | primary or grammar school in the City and County. c. A City certificate, primary grade, valid for two years, which shall au- | thorize the holder to teach any primary school in the City and County. They shall report the result of the examina- tion to the Board of Education, and | the Board shall thereupon issue to the successful candidates the certificates to which they shall be entitled. . To recommend applicants for special certificates valid for a period not to exceed six years, upon such special studies as may be authorized by the Board of Education. 8. For immoral or unprofessional conduct, profanity, intemperance, or evident unfitness for teaching, to recommend to the Board of Education the revocation of any certificates pre- viously granted by the Board. To recommend the granting of City certificates and the renewal thereof, in the manner provided for the granting and renewal of County cer- tificates by County Boards of Educa- tion in section seventeen hundred and seventy-five of the Political Code. CHAPTER V. School Tax Levy. SECTION 1. The Board of Education shall, on or before the first Monday of April in each year, report to the Super- visors an estimate of the amount which shall be required during the ensuing fiscal year for the purpose of meeting the current annual expenses of public instruction in the City and County, specifying the amount required for sup- plies to be furnished pupils, including text books for indigent children; for purchasing and procuring sites; for leasing rooms or erecting buildings; for furnishing, fitting up, altering, enlarg- ing and repairing buildings; for the support of schools organized since the last annual apportionment; for the sal- ary of the School Directors, Superinten- dent, Deputy Superintendents, and all Department, and for other expenditures Public School System; but the aggre- gate amount so reported for any one vear shall not exceed the sum of thirty- two dollars and fifty cents for each pu- pil, who in the fiscal year immediately prior thereto actually attended the schools entitled to participate in the apportionment thereof. Sec. 2. The Supervisors at the time and In the manner of levying and col- the Common School Fund a tax which, added to the regular revenue derived from other sources, shall produce an amount of money which shall not ex- ceed thirty-two dollars and fifty cents for each pupll in attendance during the preceding fiscal year, and reported by the Board of Educa- tion. Sec. 3. In case of extreme emergency and security accompanying the same, the presentation and opening of propo- | sals, the awarding of contracts and the security for the performance thereof, shall, so far as the same’'can be made applicable, apply to all proposals and contracts made, awarded or entered | into for furnishing supplies to the | School Department. Any contract made in violation of any provision of this Article shall be void. Sec. 3. The Board shall, during each year, transmit to the Supervigors a re- port in writing for the preceding fiscal year, stating the number of schools within its jurisdiction, the length of time they have been kept open, the| number of pupils taught in each school, the average daily attendance of pu- pils in all the public schools, the number, names and salaries of teach- ers, the dates of their appointments and the character of the certificates held by them, the amount of money drawn from the treasury by the De- partment during the year, distinguish- ing the State fund from all others, the purpose for which such money has been expended, with particulars, and such other information as may be required by the State Superintendent, the Super- visors or the Mayor. Sec. 4. The Board shall, between the first and twenty-first days of May of each year, adopt a schedule of salaries for the next ensuing fiscal year for teachers and all employees of the School Department. | CHAPTER IV. Superintendent of Schools. SECTION 1. The Superintendent of Common Schools of the City and Coun- ty shall be by virtue of his office a member of the Board of Education, without the right to vote. He shall re- ceive an annual salary of four thousand dollars. Sec. 2. The Superintendent shall ap- point four Deputy Superintendents. The number of such deputies shall not be increased until the average daily at- tendance shall have reached forty-five thousand, when the Superintendent shall appoint one additional deputy, and thereafter he shall appoint one deputy for each additional eight thousand (hildren in average daily legally discharged. Sec. 14, person who has filed objections to the confirmation of said ! report may appeal from said judgment to the Supreme Court at any time with- in thirty days after the entry of such judgment. The amount of the under- taking on such appeal shall be fixed by said Presiding Judge, and such under- taking shall be made payable to the City and County. For the purposes of such appeal the judgment roll of the proceedings in the Superior Court shall consist of the report, objections, judg- ment and bill of exceptions, or so much thereof as may be necessary to deter- mine sald appeal. If said judgment be reversed or modified the Superior Court | shall take such proceedings as will | cause ;sald assessment and valuation to be made In accordance with the de- | cision »f the Supreme Court. The City | to the Superv! isors rules and regula- tions concerni ng the public and private sewers and drains in the City and County, and upon recommendation of said Board, the Supervisors are author- ized to pass an ordinance establishing the same and prescribing the penalties for any violation thereof. Sec. 4. No person shall connect with, or open or penetrate any, public sewer or drain without first obtaining a per- mit in writing from said Board, and complying with the rules and regula- tions of the Board in reference thereto. Sec. 5. The Board may also recom- ‘:?::dogosg;% il;;:leax;via:?wthe c«instrulc- |any person connected with or in the | pointment. s, ers, tunnels, | Sch 3 . 5. & ditehes: Qrathe eibat o e employ of the 00l Department, and | Sec. 5. In addition to the duties im. voirs, pumping works, machines other works necessary for the and effectual dr: County, togeth ry and proper ainage of the City and Board after giving the accused teacher due hearing. 3. To grant, to renew and, for the causes mentioned in section one, sub- division two, of this Chapter, to re- voke, teachers® certificates. 4. To establish and enforce all nec- essary rules and regulations for the government and efficlency of the schools and for carrying into effect the school system; to remedy truancy: to compel the attendance at school of children between the ages of six and fourteen years who may be found idle in public places during school hours. 5. To investigate charges against attendance. vacancy occurs in the office of Deputy Superintendent, such vacancy shall be filled by the Superintendent. Sec. 3. Of the Deputy Superin- tendents first appointed, the Superin- tendent shall appoint two for two years and two .for four years. All Deputy Superintendents subsequently appointed shall hold office for four years. Sec. 4. Such deputies must have had at least ten years’ successful experi- ence as teachers, and shall have, been residents of the City and County at least five years preceding their ap- | to take testimony in such investiga- | tions, | . 6. To recelve, to take on lease and to | hold In trust for the City and County posed by the general laws of the State, it shall be the duty of the Superin- tendent: 1. To observe and enforce all rules If from any cause a | er with plans fér con me with sewers and pri- vate drains already constructed or thereafter to be constructed. Sec. 6. The Supervisors may, upon | the recommendation of the Board of | Public Works, by ordinance passed by | not less than foutteen affirmative votes, authorize the purchase of any personal | property or the acquisition by purchase or condemnation of any real estate which may be necessary for the con- struction of any sewer or the making of any improvement provided for in this Chapter. Sec. 7. The Board may, with the like approval of the Supervisors, agree with the owners of any real estate, upon which it is deemed desirable to con- struct any sewer or other improvement Attorney shall act as the attorney for | necting the sa the Board of Public Works in proceed- ings under this Chapter. Sec. 15. After the confirmation of said report, if the time for appealing has expired. or if an appeal has been taken and the judgment appealed from has been affirmed, upon the application of the Board of Public Works the Clerk of the Superior Court shall issue a ce tificate to that effect to said Board and said assessment shall then be re- corded in the Book of Assessments for Condemnation kept for that purpose, and the record thereof signed by the President and Secretary of sald Board. The Secretary shall then deliver to the Tax Collector the assessment so con- firmed and recorded. together with said | any real estate belonging to or claimed by the School Department. To hold in | trust all personal property that may have been or may hereafter be ac- quired by the School Department. 7. On or before the first day in April in each year, to appoint School Census Marshals, and notify the Superintend- ent of Common ‘hocls of such appoint- ments. Any Census Marshal found in- competent may be discharged by the Superintendent of Common Schools, Should the Board fail or neglect to fill the vacancy so caused withinthreedays thereafter by the appointment of a per- son competent to perforin the d:ties of Census Marshal, such vacancy may be filled by the Superintendent of Com- mon Schools. and regulations of the Board of Educa- tion and to see that no religious or sec- tarian books or teachings are allowed in the schools. 2. To report to the Board of Educa- tion annually, on or before the twen- tieth day of August, and at such other times as the Board may require, all matters pertaining to the condition and progress of the public schools of the City and County during the fiscal year, with such recommendations as he may deem proper. . 3. To inform the Board of the con- dition of the schools, schoolhouses and of other matters connected therewith, and to recommend such measures as he may deem n for the ad- or great calamity, such as disaster from fire, riot, earthquake or public enemy, the Board of Education may, with the approval of the Mayor and Supervisors, incur extraordinary expenditures in ex- cess of the annual limit provided for in this Charter, for the repair and con- struction and furnishing of school houses in place of those so injured or destroyed. The Supervisors may, by ordinance, cause to be transferred to in any fund not otherwise appropriated, sufficient money to liquidate such &x- penditures, and provide for the same in the next tax levy of the City and Coun. ty. CHAPTER VI. School Houses and Lots. SECTION 1. When any locality in the City and County is unprovided with sufficient school accommodations, the Board of Education may, by reso- lution, make a requisition upon the Board of Public Works for plans and specifications and estimates for a new school house, specifying the number of class rooms needed, the location of the proposed school house, the date on which it should be completed, the available for the purpose, and such other information as will enable the Board of Public Works to prepare the necessary plans, specifications and esti- mates of cost for such school house. If such plans, specifications and esti- mates are approved by the Board of Education, they shall be endorsed ‘“Approved,” with the date of such ap- proval, by the President and Secretary thereof, and returned to the Board of Public Works, which shall proceed without delay to have such school house -constructed and completed in ac- cordance therewith. When such school house is complet- ed, the Board of Public Works shall notify the Board of Education to ex- amine the same, and if it has been built in accordance with the plans and specifications and within the estimated cost thereof, the Board of Education shall accept and take possession of it. Sec. 2. When an-- school house, build- ing, fence or other property belonging to, or connected with, or under the | control of, the Board of Education, needs repairing, altering or improv- ing, the Board shall notify the Board of Public Works, specifying in general terms the work to be done. The Board of Public Works shall cause the same to be done forth- with, if the cost thereof shall not ex- ceed two hundred and fifty dollars; otherwise the Board of Public Works shall submit ‘plans, specifications and estimates of cost to the Board of Edu- cation for its approval, and if approved as provided in section one of this Chap- ter, the Board of Public Works shall cause the same to be done, and if done in accordance with the plans and speci- fications, and within such estimate, the same shall be accepted and shall be paid for out of the Common School Fund. Sec. 3. When it is necessary to pur- chase a lot for the use of the School Department, the price paid for such lot shall not exceed the market value of adjacent property of equal size and similarly situated. Any schcol build- ing hereafter constructed shall have a clear space of at least ten feet around the same. CHAPTER VII Public Library and Reading Rooms. . SECTION 1. The Public Library and Reading Rooms of the City and County shall be under the management of a Board of twelve Trustees, one of whom shall be the Mayor of theCity and Coun- ty, who shall be a member of the Board lecessary vancement of education in the City and 8. To sue in the name of the City and | Countv. and for the care and improve- by virtue of his office. The Board of of said Library and Reading courses of studies; the text-books and | class-room supplies as may be required | which will entitle the person examined | A high school certificate, valid for | holder to teach any primary, gram- | other persons employed in the School | necessary for the administration of the | lecting other city and county taxes| shall levy and cause to be collected for | as ascertained | the Common School Fund, from moneys | amount of money in the School Fund | Edb ter shall take effect shall continue to | constitute the Board of Trustees of {said Public Library and Reading Rooms; and all vacancies therein shall be filled by said Board. None of said Trustees shall receive any compensa- tion for his services. Sec. 2. The Supervisors shall, for the purpose of maintaining such Library and Reading Rooms and | such branches thereof as the Board of Library Trustees may from time tc time establish, and for purchasing books, journals and periodicals, and for purchasing or leasing real and —ersonal property, and for constructing such buildings as may be necessary, an- nually levy a tax on all property in | the City and County not exempt from | taxation which shall not be less than. one and one-half cents nor more than two and one-half cents upon each one hundred dollars assessed valuation of |- said property. The proceeds of said tax shall be credited to the Library Fund. Sec. 3. All revenue from such tax, together with all money or property derived by gift, devise, bequest or otherwise, for the purpose of the Li- brary, shall be paid into the treasury and be designated as the Library Fund and be applied to the purposes herein authorized. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise or bequest, the Board shall provide for the safety and pres- ervation of the same and the applica- tion thereof to the use of the Library and Reading Rooms, in accordance with the terms and conditions of such gifrt, devise or bequest. Sec. 4. The title to all property, real and personal now owned or hereafter acquired by purchase, gift, devise, be- quest or otherwise, for the purpose of | the Library and Reading Rooms, when | not inconsistent with the terms of its| acquisition, shall vest in the City and County, and in the name of the City | and County may be sued for and de- fended by action at law or otherwise. Sec. 5. The Board shall take charge of the Public Library and Reading Reoms, and the branches thereof, and of all real and personal property there- unto belonging, or that may be ac- quired by loan, purchase, gift, devise or otherwise, when not inconsistent with the terms and conditions of the gift, devise or bequest. It shall meet for business purposes at least once a month, and at such other times as it may appoint in a place to be provided for the purpose. A majority of the Board shall constitute a quorum for the transaction of business. It shall elect one of {ts number President, who shall serve for one year and until his successor is elected, and shall elect a Librarian and Secretary and such as- sistants as may be necessary. The Secretary shall keep a full account of | all property. mone—, receipts and ex- pend:tures and a record of all its pro- ceedings. Sec. 6. The Board, by a majority vote of all its members to be recorded in its | minutes with the ayes and noes, shall have power: 1 To make and enforce all rules, regulations and by-laws necessary for the administration, government and | | protection of the Library and Reading | Rooms and branches thereof, and all | property belonging thereto, may be loaned thereto. 2. To administer any trust declared | proper manner. | the business of selling liquor. lic, except that executive eld whenever %eer‘:leg the Board. The Board shal xp;-xr:epte;tblyeast once a week in the rooms of the Police Department, or in case of public emergency at such place as the Board may select. The Secretary must keep minutes of its proceedings; and in every case where a power is exeyl-. cised by the Board under this Article the ayes and noes thereon shall be en< tered therein. CHAPTER IIL Powers of the Board. SECTION 1. The Board of Police Commissioners shall have power: ote, suspend, dis- 1. To appoint, prom: ZE o the De- shall be pub! sessions may be h rate or gismiss any memb partmex?t in the manner hereinafter rovided. p2. To prescribe rules and regulations ip- for the government, discipline. equ ment nngounitorm of the Depanme:nt. and from time to time to alter or ‘elz peal the same, and to prescribe peuaCh ties for the violations of any %f = rules and regulations. All such rule and regulations must be reasonable. 3. To grant permits to any person desiring to engage in the sale of Il%u(t); in less quantity than one quart, and o grant permits to any person engage —~ the business of selling liquor to L drunk on the premises, and to revoke | any such permit when it shall appear to the Board that the business of ghe person to whom such permit waa given is conducted in a disorderly or im- ‘Without such permit all engage In If the Board refuse to grant such permit, or propose to revoke any permit that has been granted, the person who is re- fused such permit or whose permit it is proposed to revoke, shall be entitled to be heard before the Board in persom, or through counsel, and to have, free of charge, all reasonable facilities at the hearing. Such permits shall not bs granted for more than three months at one time, and they shall distinctly state the name of the person to whom the same is given, and the description of 3 the premises where such business is tc:g be carried on. Such permits shall at all times be subject to inspection by any member of the Department. Corg- plaints to revoke permits granted by the Board must be in writing, signed by the person making the same am? filed with the Secretary of the Board; and a copy thereof certified by the Secretary must be served upon the party complained against at least five days before the time set for the hearing of the complaint. 4. At its discretion, upon the peti- tion of any person, firm or corpora,tio'n, to appoint, and at pleasure to remove, special police officers. Such officers shall be subject to alldthe rules and regulations of the Board. 55“ To provide for the care, restitu- tion or sale at annual public auction of all unclaimed property that may come into the possession of the Property Clerk, and to direct the destruction of none of such persons sh: | such property as shall consist of im- | plements, | other article, matter or thing used in | the commission of crime. weapons, property or any 6. To appoint Police Matrons for the | care of female prisoners and to pro- vide rules and regulations for the gov- or that|ernment of the same. 7. To appoint a Police Surgeon who shall receive an annual salary of fif- or created for such Library and Read- | teen hundred dollars. perpetuate the memory of those per- sons who may make valuable donations thereto. 3. To deflne the powers and pre- scribe the duties of all officers; deter- mine the number of and elect all nec- essary subordinate officers and assist- ants, and for good and sufficient cause to remove any officer or assistant. 4. To purchase books, journals, pub- lications and other personal property. 5. To order the drawing and pay- | ment upon vouchers, certified by the | President and Secretary, or authorized expenditure. | 6. To fix the salaries of the Librarian and Secretary and their assistants; | and, with the approval of the Super- visors, expressed by ordinance. to erect and equip such building or bufldings, room Or rooms, as may be necessary for the Library and Reading Rooms and branches thereof. 7. To establish such branches of the growth of the City and County may from time to time demand. Sec. 8. The Supervisors shall have power to appropriate and authorize the use, either in whole or in part, of any real estate belonging to the City and County, for the purpose of erect- ing and maintaining a building or buildings thereon to be used for the Library and Reading Rooms, or branches thereof, and may appropriate the whole or any portion of any publie building belonging to the City and County for such use. —_———— ARTICLE VIII POLICE DEPARTMENT. CHAPTER L Organization. SECTION 1. The Police Department shall consist of a Board of Police Com- missioners, aChief of Police, a Police | Force, and of such clerks and em- ployes as shall be necessary to carry into effect the provisions of this Article. Sec. 2. All members of the Police De- partment shall hold office during good behavior, subject to the provisions hereinafter set forth relating to pro- motions, suspensions, dismissals and disratements. Sec. 3. No person shall become a member of the Department unless he | shall be a citizen of the United States, of good character for honesty and so- briety, able to read and write the Eng- lish language, and a resident of the City and County for at least five years next preceding his appointment. Every appointee to the Department shall not be less than twenty-one nor more than thirty-five years of age, must possess the physical qualifications required for recruits of the United States Army, and before his appoint- ment must pass a satisfactory medical examination under such rules and regulations as may be prescribed by the Board of Police Commissioners. In making appointments of members of the Department, the Board shall never regard the political or religious preferences or affiliations of any can- didate. CHAPTER II. Police Commissioners. SECTION 1. The Police Department shall be under the management of a Board of Police Commissioners consist- ing of four members who shall be ap- pointed by the Mayor, and each of whom shall receive an annual salary of twelve hundred dollars. No person shall be appointed such Commissioner who shall not have been an elector of the City .and County for at least five years next preceding his appointment. Sec. 2. The Board shall never be so constituted as to consist of more than two members of the same political party. The term of office of the Com- missioners shall be four years. Those first appointed shall so classify them- selves by lot that they shall respec- tively go out of office at the expiration of one, two, three and four years. Sec. 3. The Commissioners shall be successors in office of the Police Commissioners holding office in the City and County at the time this Charter shall go into effect by virtue of appointment under any statute or law of this State. Sec. 4. The Police Commissioners shall organize by electing one of their number President, who shall hold such office for one year. The shall appoint a Secrewy.twl‘:lo“shu!hrecelva an annual salary o een hundred the Board ollars. The sessions of of money | | from the Library Fund for any lability | Fromin. of thel Gl naoE as the | shall, subject to the directions and or- | ders of the Commissioners. have con- ing Rooms and branches thereof, and | Sec. 2. The President may convene provide memorial tablets and niches to | the Board for special meetings. The Secretary of the Board shall be the offi- cial custodian of all records and official documents of the Board. CHAPTER IV. The Chief of Police. SECTION 1. TheChief of Police shall be appointed by the Board of Police Commissio. ers and hold office for the term of four years. He shall re celve an anpual salary of four thou- sand dollars. He shall have control, management and direction of all mem- bers of the Department in the lawful exercise. of his functions, with full power to detail any of them to such public service as he may direct, and with like power to suspend temporarily any member of the Department. In all cases of such suspension, he shall im- mediately report the same to the Board with the reasons therefor in writing. He shall maintain and enforce law ana rigid discipline so as to secure com- plete efficiency of the Department. He trol of such of the prisons of the City and County as are not by the general | law under the control o? the Sheriff. Sec. 2. In the suppression of any riot, public tumult, disturbance of ths public peace, or organized resistance against the laws or public authority, the Chief of Police shall, in the lawful exercise of his functions, have all the powers that are now or may be con- ferred on Sheriffs by the laws of the State. Sec. 3. The Chief of Police shall bs the chief executive officer of the De- partment. He shall be chargeable with and responsible for the execution of all laws and ordinances and the rules and regulations of the Department. He shall see that the orders and process issued by the Police Court and such other orders and process as may be placed in his hands are promptly exe- cuted, and shall exercise such other powers connected with his office as may be provided for in the general rules and regulations of the Commis- sioners. Sec. 4. The Chief of Police shall keep a public office in which he shall have the Statutes of this State and of the United States, and all necessary works on criminal law. In case of his tempo- rary absence some competent member of the Department, by him designated for that purpose, shall be in attendance at all hours of the day and night; and in such case he shall make known to such member o‘; the Department where he can be found. Sec. 5. The Chief of Police shall de- tail one or more of the members of the Department to attend constantly on tha Police Court and to execute its orders and process. He shall detail at his pleasure members of the Department to act as his Chief Clerk, Assistant Clerks, Prison Keepers and Property Clerk. Said Chief Clerk and said Property Clerk shall each receive an annual sal- ary of twenty-four hundred dollars. Sec. 6. The Chief of Police may from time to time disburse such sums for contingent expenses of the Department, as in his judgment shall be for the best interest of the City and County, to be paid out of the contingent fund allowed the Department. The aggregate of all such sums shall not in any one fiscal year exceed the sum of ten thousana dollars. Provision shall be made by the Supervisors for such contingent fund in the annual tax levy. The Commission- ers shall allow and order paid out of such contingent fund as contingent ex- penses of the Police Department, upon orders signed by the Chief of Police, such amounts as may be required. Sec. 7. The Chief of Police shall pos. sess powers of general police inspection, supervision and control, over all pawn- brokers, peddlers, junk-shop keepers, dealers In second-hand merchandise, auctioneers and intelligence office keep. ers. All persons engaged in said call- ings must first procure permits from the Commissioners. In the exercise of such power the Chief may by authority in writing from time to time empower members of the Police Department, when in search of property feloniously obtained or in search of suspected of- fenders, or in search of evidence to con- vict any person charged with crime, to examine the books and the premises of any such person. Any such member of the Police Department, when thereunto empowered in writing by the Chief of Police, may examine property alleged to have been pawned, pledged, deposit- ¥ ~ ed, lost, strayed or stolen. e CHAPTER V. Subordinate Officers. SECTION 1. Subordinate officers of