The San Francisco Call. Newspaper, April 11, 1898, Page 13

r THE SAN FRANCISCO CALL, MONDAY, APRIL 11, 189S. 13 CHARIER FOR THE CITY AND COUNTY OF SANFRANCISCO PREPARED AND PROPOSED BY THE | sums of money, not to exceed two hun- BOARD OF FREEHOLDERS, Elected December 27, 1897, In pursuance of the Provisions of Section 8, Article XI, of the Constitution of the State of California. CONT ARTICLE I—BOUNDARIES, RIGHTS AND LIABILITIES. II-LEGISLATIVE DEPALC M 5 ARTICL® Chapter I—The Chapter II_—Powe ard of Supervisors. of the Sypervisors. racts. ARTICLE III-FINANCE AND TAXA- TION. of Taxes. S Funds. Custody of Public er IV—Payment of Claims. ARTICLE IV— UTIVE DEPART- T. oroner. Recorder. AL DEPARTMENT. r Court Judges. Attorney. Attorney. pter VII— e Court. rancisco Law Library. —DEPARTMENT OF PUB- LIC WORKS. ard of Public Works. Improvement of Streets. pening of Streets, inage. arves. SCHOOLS San F ARTICLE VII - PUBLIC RIES. ot Education. ENTS. ARTICLE VII—Continued. Chapter V—School Tax Levy. pter VI—Schoolhouses and Lots. pter VII—Public Library and Read- | ing-rooms. | ARTICLE VIII — POLICE DEPART- MENT. pter I—Organization, Cha; « pter II—Police Commissioners. Powers of the Board. ief of Police. —Subordinate Officers. Police Officers. VII—Promotions, Suspensions s, VIII-Unclaimed and Stolen Chapt Property. Chapter IX—Present Police Force. Chapter X—~olice Rellef and Penston Fund. ARTICLE IX—FIRE DEPARTMENT. Chapter I—Organization and Powers. Chapter II—Duties of Commissioners. 1II—The Chief Engineer. IV—Fire Companies. V—Fire Marshal. VI—Fire Wardens. VII—Firemen's Rellef Fund. VIII—Salaries. Chapter | Chapter IX—Department of Electricity. | ARTICLE X—DEPARTMENT OF PUB- LIC HEALTH. ARTICLE XI—DEPARTMENT OF ELECTIONS. Chapter I—Board of Election Commis- sloners. Chapter II—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 I. Boundaries, Rights and Liabilities. SECTIO 1. The municipal corpora- s the City and County of Il remain and con- tic and corporate, in , by the name of the of San Francisco, and hall have perpetual suc- and defend in all s and 1In all matters y have an?l use a Iter ‘the same at receive, hold onal property; tions of iple, or pur- ecessary to s of ruch gifts, vith power to otherwise dispose accordance with the the gift, bequest or trust. The boundaries of the City County »f fan Francisco are here- by declared to be those set forth in Eection Thirty-nine Hundred and Fifty of the Polit Code of California. Sec. 3. City and County of San continue, under this , hold and enjoy all of property, rights of nature and description municip.lity and is *o be the successor of . Suits, actions and proceedings may be brought in the name of the City and County for the recovers of any property, money thinf 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 accruing before or after the adopiion of this Charter. All existing suits, actions and proceedings in the courts or elsewhere, to which the City and Countyis a party. continue to be carried on by or t the City and County. No recours. shall be had the City and County for dam- s to person or property suf- ned by reason of the de- ion of any sidewalk lane, alley, court or m of the defective iny sewer, or by reason of or embankment, any recourse against unty for want of re- idewalk, street, avenue, r place ar by er; ror shall there inst the City and rson cr prop- >d by reason of r dams ered or sus ¢ side rt or y 10 embankment v m therein or by ling thereon or into 1but .o an S on W the in highway, or . officer or cial negli unrepaired 1y and v liable to jured for the damage sus- et M ARTICLE II LEGISLATIVE DEPARTMENT. CHAPTEL I The Board of Supervisors. S TION 1. 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 doll: -s. Every person who has served as Mayor of the City and County, so long gs he remains a resident thereof, shall e en visors 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 istants as may be deemed necessary. tablish rules for its proceedings. 3. Keep a journal of its proceedings, and allow the same to be published. led to a seat in the Board of | , and a motion is made to recon- er, the vote upon such motion shall ot be acted upon before the expira- n of twenty-four hours after ad- ournment. 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. ter amend; Every ordinance shall, af- ent, 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 h ndred 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 ayes and noes, | for at least five successive days (Sun- | days and legal holidays excepted) be- | fore final action upon the same. If Isuch bill be amended, | 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 dred dollars, as shall be necessary to rr;:et 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 item: separately, while approving other por- tions of the bill. In such case he shall append to the bill at the time of sizn- | 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 | Mavyor. | Sec. 15. No ordinance shall take ef- fect until ten days after its passage unless otherwise provided in such or- dinance. 2 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 recefving 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. Tf he does not return | it with such disaporoval 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, ®he 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 annroved bv 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 ayes and noes and | the names of the members voting for | and against the same shall be entered in the Journal Sec. 17. Al 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. and such ordinance shall be presented to the Mayor for his approval as herein- | before provided. Sec. 19. cept as provided ir Chap- ter IIT of Article III of this Charter, all | demands payable out of the Treasury | must, hefore they 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 s approval. in the manner | hereinbefore nrovide® for th~ pascage | of bills or resolutions. Al 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- | cented) in the official newspaper. | Sec. 20. ™™ ae. r there shall be pre- | sented to the Board of Election Com- | missioners a petition signed by a num- ber of voters equal to fi'tecn 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 prtition, e subr .ted | to a vote of th_electors 0 ha City nd | | County, the Board cf Election Com- | missioners must submit such proposed | ordinance to tl.e vote of the eléc‘or- -+ | the next electicn. | “The sigr tures to the petition need | not all be appended to one paper, but each signer shall add to his signaturs | his place of r -idence, giving the street | | and number. One of the signers of | each such paper ehall 1 ake oath be- | fore an officer :ompetent *o admin. -ter | oaths, that the statements therein made are true, and that each signature to the paper appended Is the genuin- | signature of the person whose name purports to be thereto subseribed. The tickets used in such election shall contain the ,words “FUR THE | ORDINANCE” (stating the nature of The ayes and noes shall on demand of | i | 2 he proposed ordinance) and i:]x;e}mxix';vember be taken and entered | “AGAINST TI'E ORDINANCF” (stat- | 4. Have authority to punish itsmem- | IP& the;meture i fithe Sproposed oral_| bers for disorderly or contemptuous | Nance)- 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 Joard shall appoint a presiding officer pro tempore from its own members, who shall ha¥e the same right to vote as other members. Sec. 6. Tne Bcard shall 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 grants and other ' documents, s and papers of the City and | County. His signature shall be XE::: | sary to all le y- | ses, grants and convey- ances of the City and County. 4 Sec. 8. Ev The enacting clau; shail be in these words: “Be it or dazired by the People of the City and | County of San Francisco as foliows.” No ordinance shail be passed except by bill, and no bill shali be so amended ag to_change its original purpose, Sec. 9. nance, nor resolution be adopteds 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. | Sec. 10. No ordinance shall be re- | 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 d amended. | Sec. 11. An ord e £hall embrace but one subject, which subject shall be | expressed in its title. | be embraced in. an ordinance and not The legislative power | expressed in its title, such ordinance | | shall be void only as to so much there- of as is not expressed in its titig Sec. 12. When a bill is put upon its meet on | legislative act of the | City and County shall be by ordinance. | of every ordinance | No bill stall become an_ordl- J If any subject | | If a majority of the votes cast v icn such ordinar ~e slall be in fa~or 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 precla- mation such ordinance shall have the same force and effect as an ordinanc» 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 submnit a proposition for the repeal of such ordinance, or for amendments thereto, for vute at any sncceeding election; and should such proposition, so submitted. receive a majority of the votes cast | thereon at such election, such ordi- | nance shall be repealed or amended | accordinglv. | | Sec. i1. Except as otherwise pro- vided in the Constituticn of the State, or as otherwise provided in this Char- | | ter, every ordinan:e insolving the | | grantige by the City and County of | | any franchice for the supply of light| or water. or for the lease ‘T sale of any | publicutility, or for thepurchaseof land | of more than fifty thousand dollars in | | value must be submitted to the v .e| of the elect = of th City and County | t the eclection next ensu'ng after the | adontion of ch oruinance. | The tickets used at such election | ghall contain the words “FOR THE ORDINANCE” (stating t.e nature of | the proposed ordi mne) and “AGAINST Th& ORDINANCE” (stat | ing the nature o’ the proposed ordi nance). | 1f a majority of the votes cast upon | uch ordinance shall he in favor of the | | adoption thereof, the Board of Ele i ! Commissioners shall, within thir’' | days from t!'- time of such slection. | ! proclaim such fact: and upon such | proclamation such ordinance shall have | tho same force and effect as an ordi- i & | | aprroved by the Mayor. No such franchise, or lease or sale | of any npublic utility or purchase of | I Jand shall be o any force or effect ex- | | cept it 1= madn by ordinarce, and such | ‘ordinance be adopted by the peo in_this section provided. Sec.. 23. ple as | | sign.d by . number of voters equal nal passage in the Board and fails to | the bill as, | lished shall not be | for the celebration of the annivers election, amendme.... t this Charter. to be set out in such petition, be submitte” 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 each such paper shall make oath be- | fcr> an 01 ~er competent to administer oaths that the stateme:ts made therein | are true and that ck signature to | such paper appende’ Is the gen— e | slgnature 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 a spe- | cial election to be called by it, and shall canvass the vote in the same manner { as in other crs s of election. l All the p-ovisions of the Constituticn of the State embrucing the subject in | this section provided for are hereby ex- pressly made applicable to such pro- i 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 of 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 ‘*hereof, the Board of Election Commissioners shall, within thirty days from the time of such election, proclaim such fact, and thereupon this Charter shall be amended accor” gly. CHAPTER IIL Powers of the Supervisors. SECTION 1. Subject to the pro- visions, limitations and restrictions in this Charter c--tained, the Board of Supervisors shall have power: 1. To ordain, make and enforce within the limits of the City and County all nec seary local, police, sani- tary and othe- laws anl regulations. 2. Except as otherwise provided in this Charter, or in the Constitution 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. 3. 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 time 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 res.ric- tions as not to interfere with the use of such streets by the public. To empower street rallway com- panies, under such conditions as the EBoard may see fit .. impose. to convey street sweepings and offal to tke public parks. 5. To fix the limits within which wooden bui’ 1gs or structures shall not be erected, placed or maintained, and to prohibit the same —within such limits. Such limits when once estab- hanged except by extension. To provide fo. the abatement cr summary removal of any nuisance and to condemn and to prevent the occu- pancx of unsafe structures. ~ To regulate the use of hackneycar- riages and public passenger vehicles, ard to fix the rates to be charged for the transportation of persons or per- sonal baggege. 8. To provide a public pound and to make all nece- .y rules and regula- tions in the matter of animals running at large, and for the custody and de- s.ruction of the same. provide and 9. To maintain a morgue. 10. To provide places for the deten- tion of witnesses and persor-~ charged with insanity, separate and -rart from | places where c:iminals or persons ac- cused of public offenses are irprisoned. 11. To establish, maintain -4 regu- late, and change, discontinue and re-establish City and County jails, prisons and houses of detention, pun- {sAment, 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 | ana 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 vear, 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 cf v ater, heat, light or power, supplied to the City and County, or t» 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 in 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* .rter. 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 ar; of our National Independence, and nu‘; to exceed five hundred doliars in any vear for the observance of Memorial Day. 19. To appropriate such stums as may be paid into the greas\lr)'from fines col- lected on convic ion of persons charged with cruelty to animals. and to author- ize the payment of the same or some part tnereof co any society that shall efficiently aid 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 erim- inal cases in said Court or the Police ! Court, or upon inquests and examina- jons. Such compensation shall not ex- | ceed one hundred dollars a monath for each interpreter. 21. To offer rewards not exceeding one thousand dollars in any one in- | stance for the apprehension and convie- tion of any person who may have com- | mitted a felony In the City and County, | and to authorize the payment thereof. 22, To provide in the annual tax | nance passed by the Supervisors and|levy for a special fund to be used in the ! | construction of a general system of | drainage and rewerage. 22. To provide a Seal for the City and County, and Seals for the sevaral departments, boards and officers there- of, and a Seal for the Police Court. 24. To fix the hours of labor or serv- Whenever there shall be | ice required of all laborers in the serv- | pany or corporation to whom the fran- presented to the Supervieors a petition | ice of the City and County, and to fix | chise may be awarded, arising from its their compensation; provided that eight | | 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- j | scribe. | 21. To regulate street railroads,! | tracks and cars; to compel the owners | i of two or more of such roads using the | | same street for any distance not ex- j 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- vénience 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 iany 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 sald1 i company shall pave and keep in repalr' 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. 29. To convey lands In accordance | with the provisions 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. 31. 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 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 County; | but the amount bid on such purchase | shall not exceed the amount of judg- | ment and costs. | 35. 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- 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 &nd | 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 sufficient and | solvent. Upon such report the Mayor | shall take such action 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 flled and ap- proved. Sec. 4. The Finance Committee shall | have ppwer, 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 ald 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, wircs 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 said 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 | than twenty nor more than thirty days | before any further action is taken by | the Board on such application. The ad- 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 Citv and County | in lawful money of the United States of a stated percentaze of the gross | annual receipts of the person, com- | | use, operation, enjoyment or posses- fifteen per centum of the votes cas* at | hours shall be the maximum hours of | the last nreceding State or municipal labor sl i in any calendar day, and that tk | zl;m bidder shall file with his bid | and all bids, and may refuse to grant a | tervene between the introduction and final passage of any such ordinance. It king trat an amendment or | minimum wages of laborers shall be Y 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 ‘cf the condi- | of the | tions, terms and obligations franchise for which said application { was made in case the same shall be awarded to him, and that in case of the breach of ary 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 rcgular 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 recelpts arising 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 pald for the franchise shall be at least three per centum of such gross receipts during the first five years of the period for which the franchise is to be granted, four per centum of the gross receipts during the next succeeding ten vears, and five per centum of the gross re- ceipts during the next succeeding ten vears, Except as In this section otherwise provided, bidding for such franchises must b= in accordance wi.h the prov:s- ions of this Charter in relation to bids made to the Board of P:lLlic Works, so far as such provisions may be applica- | ble. The Supervisors —ay reject any franchise for any part of the route for Wwhich application was made. - ery ordinance making such grant shall re- quire the concurrence of three-fourthsof all the members of the Board of Super- visors, as shown by the ayes and noes, and the approval of the May- or, and at least ninety days shall in- 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- | bids quired by this Charter, and such other | Supervisors, that the per centum of the | tenth day of the next ensuing month | after such gross receipts shall have | been earned; and upon the further con- dition that the whole 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 | or from any of sald conditions. 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 ruthorizing 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 Jease under the provis- | fons 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 preceding election shali | have been filed with the Supervisors, | asking that said ordinance be submit- ted to the vote of the peogle. In such case said 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 s of the date | aforesald. Said petition and submission | shall be made in accordance with the | provisions of section twenty of Chapter 1 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 III. 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, pu“lic insti- tutions and other departments not oth- erwise specifically provided for in this Charter, must be made by the 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 other necessary articles will be needed fyeu.r. and it shall have no power to ! purchase or to pay for the same unless | the provisions in this Charter provided las to competitive bidding for supplies are strictly followed, and no contract | shall be made for any of the same un- {less upon such competitive bidding. All proposals shall be accompanied | with a certificate of deposit or certified !check on a solvent bank in the City (and County of ten per centum on tha amount of the bid, payable at sight to i the order of the Clerk of the Supervis- |ors. If the bidder to whom the con- | tract is awarded shall for five days af- i ter such award fail or neglect to enter |into the contract and file the required ibond, the Clerk shall draw the money |due on such certificate of deposit or | check and pay the same into the treas- jury; and under no circumstances shall the certificate of deposit or check oz | the proceeds thereof be returned to i such defaulting bidder. Notices for proposals for furnishing |the aforesaid articles shall mention {sald articles in general and shall state | that the conditions and schedule may ibe found in the office ‘of the Clerk of | the Board of Supervisors: and shall {also state that such articles are to be | delivered at such times, in such quan- tities, and in such manner, as the Su- pervisors may designate. Any bidder may bjd separately for any article named. The award as to each article shall in allicases be made to the lowest bidder for such article, and where a bid embraces more than one article, the Supervisors shall have the right to ac- cept or reject such bid or the bid for any one or more articles embraced therein. In the case of contracts for subsistence of prisoners the advertise- ment fcr proposals shall specify each article required, the quality thereof, | the quantity for each person, and the existing and probable number of per- sons to be supplied. No article or ar- ticles provided for in this section shall have been made in any prison. The Supervisors shall require bonds with sufficient sureties for the faithful per- formance of every contract. The Clerk of the Supervisors shall furnish print- ed blanks for all such proposals, con= tracts and bonds. All bids shall be sealed and delivered by the bidder to the Clerk of the Su- pervisors, and opened by the Board at an hour and place to be stated in the advertisement for proposals, in the presence of all bidders who attend, and the bidders may inspect the bids. All with alterations or erasures therein shall be rejected. All articles | conditions as may be prescribed by the |so supplied shall be subject to Inspec- tion and rejection by the Supervisors highest | BTOSS Teceipts of thé railway shall be | and by the person in char—- of the of- | paid into the treasury on or before the | fice, institution or department for which the same are supplied. E_very contract for work to be performed for the City and County must provide that in the performance of the ' contract eight hours shall be the maximum hours of labor on any calendar day, and that the minimum wages of labor- ers employed by the contractor in the execution of 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 shail be null ana void, and any officer who shall sign the same shall be deemed guilty of misfea. cance and upon proof of such misfea- sance 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- tlon 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- tions thereof. Such advertising shall be construed to mean the advertising and publica- tion of all official reports, orders, ordl- nances, messages, resolutions. notices fnviting proposals and all notices of every nature relating to City work. No part or kind of such advertising shall be charged or contracted for at a high- er rate than any other part or kind of the same is charged or contracted for. except in the case of the delinquent tax list. s'l'h@ newspaper to which the award of such advertising is made shall be known and designated as the “officlal newspaper.” Th(lJ gdver\‘.ls(ng of the delinquent tax list shall be let to the lowest re- sponsible bidder on a separate bidding from all other official 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 th. direction of the Supervisors, advértise for pro- posals for supplying the various departments, officers and oTces of the City and County with all stationery and supplies in the nature of station- ery, assessment books, minutg 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 useé 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 conserntively 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 be 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 Citys 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 detall, charging himsel” with "all goods re- ceived, and crediting himself with the goods delivered upon order or requisi- tion as hereinafter provided. When 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 and printing ordered by and Celivered to any department or officer. Sec. 4. Any officer of the City and 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 hidder over another, by giving er withholding information, or who shall willfully mis- lead any bidder in rézard to the char- acter of the material or supplies called for, or who shall knowingly accept ma- terfals or supplies of a quality inferlor to that called for by the contraet, or who shall knowlagly certify to a great- er amount of labor performed than has been actually performed, or to tte re- a “Lby the City. gnd County for the ensuing | celpt of a greater amo:nt or different