The San Francisco Call. Newspaper, April 11, 1898, Page 17

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. tween the value of said lot in its en- tirety and its value as reduced in size by the app ion of a part thereof to said public use. The expense of the improvement shall include the value of the land taken, with the improve- ments, if any, thereon, and the expense of the proceedings for its appropriation or condemnation. Sec. 8. On the day named in said notice and upon such other days as the matter may be continued to, from time to time, tHe Board shall proceed to value the several parcels of land nec- essary to be taken for the purpose of the intended improvement. Such value 3 ascertained as of the time of independently of any ap- preciation or depreciation that may be to the same by reason of such nent, and the Board uation as the amount ven the owners therefor. The Board shall also assess the benc- fits and damages which may result from the 1templated improvement of the lands within said district, and shall « bute the total value-of all the 1 nd improvements taken, to- gether with caused by sai lands, the damages, if any, i1 improvement to the ad- and the estimated cost 2id improvement, in sment upon each d within the dis- mined to be affected by said improvement in proportion to the ben- efits which the Board shall determine >d by sald lots and landz. meetings of the Board, ged in making said valua- issessment, shall be public t the office of the Board, and interested in such valua- sment shall have the ent and be heard in counsel. All persons interest in the lands to said improvement, or that . damaged thereby, are required r during such hearing, to file with , and description of lots of land. E In making said and valuation the Commis: ment shall nent ted aid Commission- ment and valua- authenticated and recorded in > Book of A nents for Condem- nation sha prima facie evidence of the corr s and regularity of all the I »f said Board and of s prior to the date of Sec In determining the valuation of the erty which is taken for said impr t the B shall in its re- port set forth, under appropriate head- ings, a brief descri n of each lot thereof, the amount allowed for the same, the name of the owner of each lot, when known (and if unknown, that fact 11 be stated), and the name of any ant thereto, or to any inter- est therein; and in making the asse 1ent for the exper nt the Board sha ment, under se of said improve- set forth in the ppropriate head- ription of each lot nt assessed agains n to whom said sed upon the nex nt Book of the Ci wner thereof, .if t fact shall mount of the ment. known (and if unknc be stated) nd the t exp ¢ id impre Upon the completion of said T Board and asse the shall cause to be pul a notice of the completion of sessment and valuation, notify parties therein to examine the same; and for that purpose si assessment, valuation and map shall be opened hibited to public the Boz inspection at for thirty days r the first publ tion of said no- During said period of thirty days, but not thereafter, the Board may alter, change or modify said as- Upon the expiration of said ty days it shall complete the same in the form of a report and schedule, embracing the value of the lands taken and the es.ment of said value, to- gether with the expense of the im- s hereinbefore provided, lots of land émbraced the afor district. Said re- E schedule shall, within sixty days after the first publication of the last mention notice, be filed in the office of the County Clerk, together with a peti‘ion signed by the President of sald Board, to the Superior Court, a judgment of said Court the assessment contained gainst the respective lots there scribed as assessed, and for the condemnation and conveyance to the City and County, upon the payment of the v.lue thereof as ascertained by said report, of each of the Tots of land glleged in said petition to be necessary to be taken for said improvement. 3 13. On filing such petition, and 1 application to id Court, the ’residing Judge thereof shall appoint Y than ten nor more thereafter, as the objections to the con- id report will be heard by said Court. The Clerk of said Court shall the pon cause to be published for ten days in the official newspaper, a notice of the filing of said report and of the day assigned for the hearing of any objections that may be made there- to. Any party interested therein may firmation of s | certificate of said Clerk, and a warrant | to the Tax Collector directing him to collect the said assessment. The Tax | Collector shall, if any part of said as- | sessment is not paid within twenty days after said assessment, certificate and warrant shall have been delivered to him, give notice in the official news- paper by ten days’ publication therein that he will, on a day and time certain, to be not more than ten days after the expiration of said publication, sell such of the lots of land on which the assess- ment thereon remains unpaid, describ- ing each of said lots so delinquent, to- gether with the amount of the assess- ment and costs due on each, and shall include as part of said costs five per centum on the amount due on each as- sessment so delinquent, as and for the expenses of said sale. He shall there- upon sell such lots pursuant to such notice. such sale within the time and in the manner and on the terms as on sales made under execution as provided in the Code of Civil Procedure of this State. If any amount remain in as a result of the collection of said as- sessment beyond that necessary to make the compensation provided for in the next succeeding section, and to pay the necessary expenscs of said sale, such surplus shall be paid by him pro- portionately to those whose land has been sold as aforesaid. Sec. 16. Upon the report of the Tax Collector to the Supervisors that the amount of said assessment-has been collected and paid into the treasury, the Supervisors shall order to be paid | out of the treasury the sums fixed in said judgment as the compensation for the lands to be taken for said improve- ment; and upon the delivery to the Treasurer by any person entitled to re- ceive compensation for any lot of land so taken, of a conveyance of said lot lof land to the City and County, ap- 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 said lot by said judgment of condemna- tion, after the demand therefor been audited by the Auditor. Sec. 17. If the owner of any of said lots or sub-divisions neglect or refuse for ten days to make and deliver such ce, or be unable by reason of to make a good and suffi- vance thereof to the City r if the City Attorney that the title to any of in dispute or uncertain, or = and Count shall certi said lots that there are conflicting claimants to | the amount awarded as compensation therefor, or to any part thereof, a war- | rant upon the treasury for the payment of the amount so awarded shall be by | order of the Supervisors drawn by the President and Secretary of the Board | of Public Works, together with a cer- | tificate of the Treasurer indorsed thereon that the said warrant has been registered by him and that there ars funds in the treasury set apart to pay the same, shall be deposited with the County Clerk; and thereupon, upon a petition to said presiding Judge by the President ofthesaid Board, settingforth said facts, said Judge shall issue an order ex parte directing the Sheriff to place said Board in the possession of said land. Sec. 18. At any time thereafter any claimant to said award, or any part thereof, may file his petition in said Superior Court against al. parties in interest for an adjudication of all con- flicting claims to the same, or for an order that the same be paid to him, and thereupon such proceedings shall be had thereon as may be agreeable to law and equity. Upon entry of final judgment in such proceeding, the County Clerk shall, after said demand rhas been audited by ‘the Auditor, col- lect the warrant and pay the proceeds to the person or persons named in said judgment as entitled thereto. It shall be provided in said judgment that be- fore receiving the proceeds of said war- rant said party, or some one author- ized in his behalf, shall make and ex- | ecute to said City and County and de- liver to the County Clerk a sufficient conveyance of said lot of land. Im- mediately after taking possession of the land required for sald street, the Board shall report that fact to the Su- pervisors. Sec. 19. If any member of the Board be interested in any of the land to be taken or assessed for such improve- ment, the Mayor shall appoint, for the purpose of making the said assess- ment and valuation only, some compe- tent person to act as one of the Com- missioners therefor, who shall possess the same qualifications as are provided for said Commissione and who, be- fore entering upon his duties, shall take the oath of office required of said Commissioners, and enter into a bond for such amount as may be fixed by the Supervisors. Sec. 20. The Supervisors may, on the written recommendation of the Board of Public Works, change the grade of | any street or street crossing in the | manner and to the grade set out in | such recommendation; but no grades shall be changed unless the same pro- | ceedings are taken by way of provid- | ing compensation to those who may suffer damage by such change of grade, so far as such proceedings may edemption may be made from | the hands of the Tax Collector| has | at any time before the day assigned for be applicable, as are hereinbefore pro- aring thereof file in said Court|vided in the matter of his objections in writing to the confirm- ' straightening, widening and extending ation of the same, specifying his objec- | streets; and where such proceedings ti and all objections not specified are not applicable they may be sup- shall be deemed waived. Upon the day | plemented by ordinance of the Super- fixed in said order said Court shall pro- | visors. - ceed to the hearing of any objections | opening, | that may have been filed to the con- firmation of said report. Upon proof of publication of said notice sald Court shall have and take jurisdiction of said report and of the subject matter thereof as a special proceeding; and upon d day and at any other time or times to which said hearing may be d adjou may hear the allegations of the par and proofs adduced in sup- port of the same, and may confirm said report, or change, alter or modify the same, or cause the same to be changed, altered or modified by said Board. Said judgment of confirmation shall be a lien upon each lot of land described in said report for the amount assessed against the same, and shall provide for the conveyance to the City and County of each and every of the lots of land declared necessary for the purpose of sald improvement, upon the payment of the value thereof as fixed by such judgment. Sald lien shall remain in force until said assessment is paid or | legally discharged. Sec. 14. Any person who has filed objections to the confirmation of said report may appeal from said judgment to the Supreme Court at any time with- in thirty days after the entry of such judgment. 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 exceptlons, or 80 much thereof as may be necessary to deter- mine said 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 of the Supreme Court. Attorney shall act as the attorney for the Board of Public Works in proceed- ings under this Chapter. Sec. 15. sald 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 cer- tificate to that effect to said Board; and said assessment shall then be re- corded in the Book of Assessments for Condemnation kept for thdt purpose, and the record thereof signed by the President and Secretary of said Board. The Secretary shall then deliver to the Tax Collector the assessment 8o con- firmed and recorded, together with said The amount of the under- | The City | After the confirmation of | i CHAPTER IV. | 2 Sewers and Drainage. SECTION 1. The Board of Public | Works shall devise a general system | of drainage, which shall embrace all matters relative to the thorough, sys- tematic and effectual drainage of the City and County, and shall from time to time make to the Supervisors such recommendations upon the subject of | sewerage and drainage as it may deem proper. Sec. 2. The Board shall prescribe the location, form and material to be used | in the construction, reconstruction and repairing of all public sewers, man- holes, sinks, drains, cesspools, and all other appurtenances belonging to the drainage system, and of every private | drain or sewer emptying into a public | sewer, and determine the place and manner of the connection. Sec. 3. The Board shall recommend to the Supervisors rules and regula- tions concerning the public and private sewers and drains in the City and County, and upon recommendation of said Board, the Supervisors are author- | ized to pass an ordinance establishing | for any violation thereof. or open or penetrate any, public sewer or drain without first obtaining a per- | complying with the rules and regula- tions of the Board in reference thereto. Sec. 5. The Board may also recom- mend to the Supervisors the construc- tion of such canals, sewers, tunnels, ditches, drains, embankments, reser- voirs, pumping works, machinery and other works mecessary for the proper and effectudl drainage of the City and County, together with plans for con- | necting the same with sewers and pri- vate drains already constructed or | thereafter to be constructed. Sec. 6. The Supervisors may, upon the recommendation of the Board of | Public Works, by ordinance passed by ot less than fourteen affirmative votes, | authorize the purchase of any personal | property or the acquisition by purchase | or condemnation of any real estate which may be necessary for the con- struction of any sewer or the making of any improvement provided for in this Chapter. 8ec. 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 the same and prescribing the penalties | Sec. 4. No person shall connect with, | mit in writing from said Board, and | ;’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 said 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. 8. 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 paid 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 Beard shall deem it modt 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 bulld-l ings. Sec. 2. The Supervisors shall by ordi- ‘\ nance fix and regulate the tolls for | wharfage and dockage, and shall pro- | vide for the collection of the same, ex- | cept where the wharves are under the | jurisdiction of the Board of State Har- | bor Commissioners, or may provide that no charges,, tolls, dockage or wharfage be imposed or collected. The Supervisors shall not have power to | dispose of any wharf, but they may | lease any wharf for a term not exceed- ing two years. | — - | ARTICLE VII. | PUBLIC SCHOOLS AND LIBRA- RIES. CHAPTER L The 3oard 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 appainted 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 years of age and must have been residents of the City and County for at least five years prior to their ap- pointment. The Board shall never be so constituted as to consist of more than two members of the same politi- cal party. The term of office of the Di- rectors shall be four years. Those first appointed shall so classify themselves by let 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 shall 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 cf the Board. CEAPTI{R pe 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 schocis; 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 schools as provided in this Article, and to change, modify, consolidate or dis- continue the same as the public wel- fare may require. 2. To employ such teachers and per- sons as may be necessary to carry into effect its powers and duties; to fix, alter and approve their salaries and | compensation, and to withhold for good | and sufficient cause the whole or any part of the wages, salary or compensa- tion of any person or persons employed as aforesaid; and to promote, transfer and dismiss teachers; but no teacher in the department at the time of the adoption of this Charter, or who shall be hereafter appointed, shall be dis- missed from the department, except for insubordination, immoral or unpro- fessional conduct, or evident unfitness for teaching. All promotions 6f teachers shall be based solely on merit and suc- cessful teaching. Nothing in this sec- tion shall be construed to prevent the Board from removing teachers holding only special certificates or serving a probationary term. Charges against teachers must be formally made by the Superintendent after due investigation, and shall be finally passed upon by the | Board after giving the accused teacher due hearing. 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 nee- 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. 6. To investigate charges against any person connected with or in the employ of the School Department, and (lo take testimony In such investiga- tions. 6. To receive, to take on’lease and to hold in trust for the City and County any real estate belonging to or claimed by the Schocl 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 vear, to appoint School Cengus | | Marshals, and notify the Superintend- ent of Common ‘hocls of such appoint- ments. Any Census Marshal found in- competent may be discharged by the Superintendent- of Common Schools, Snould the Board fail or neglect te 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. 8. To sue In the nams of the City and | | applicable, apply to all | contracts made, awarded |into for furnishing supplies State, the Board of Education shall | have power: | 1. To establish and maintain public | County for lots, lands and property be- Ionging to or claimed by tha School Department. To prosecute and defend all actions at law or special proceedings or suits in equity conce Ming the enjoy- ment and possession cf sach lots, lands and property. To require the services of the City Attornay in all acticns, suits and proceedings by or against the Board of Education. 9. To establish regulations for the disbursement of all moneys belonging to the School Department or to the Common School Fund, and to secure strict accountability in the expenditure thereof; to provide for the prompt pay- ment, on not later than the fifth day of every month, of all salaries due and al- lowed officers, teachers and other em- ployees of the School Department. For this purpose the Auditor shall annually segregate so much of the Common School Fund as shall not exceed twen- ty-eight dollars for each pupil in av- erage daily attendance in the Public Schools of the City and County during the preceding fiscal year. The amount s0 segregated shall not be applied to the payment of any demand against such Common School Fund during any fiscal year other than for salaries, until all salarles 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 within such limit of twenty-eight dol- lars. 10. 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. 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. entire monthly salary roll of the De- partment shall be made up by the Sec- All demands payable out of the | Every demand shall have en- | —_—————— ment of the property of the School De- } ter shall take effect shall continue to ! shall be public, except that executive partment. 4. To visit and examine with the as- sistance of his deputies all the schools their standing and classification. 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 courses of studies; the text-books and books for supplementary use public schools and the purchase of such apparatus, books, stationery and other class-room supplies as may be required 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 in the | constitute the Board of Trustees of be filled by said Board. None of said | ticn for his services. | Sec. 2. The Supervisors shall, the purpose of maintaining Library and Reading Rooms such branches thereof as the Board of time establish, and for purchasing | books, journals and periodicals, and for purchasing or leasing real and -ersonal | property, and for constructing such | 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 cne | buildings as may be necessary, an- | said Public Library and Reading proper by the Board. | Rooms; and all vacancies therein shall | meet at least once a week in the rooms at least twice a year and determl%e | 0 | | Board of Examination, and shall have hundred dollars assessed valuation of | power: 1. To examine applicants, prescribe a standard of proficiency, which will entitle the person examined to receive: a. A high school certificate, valid for six years, which shall authorize the holder to teach any primary, gram- mar, or high school in the City and County. b A “City certificate, grammar | grade, valid for six years, which shall authorize the holder to teach any primary or grammar school in the City and County. ? c. A City certificate, primary grade, valid for two years, which shall au- thorize the holder to teach any primary school in the City and County. They shall report the result of the examina- tion to the Board of Education, and the Board shall thereupon issue to the successful candidates the certificates to which they shall be entitled. 2. To recommend applicants for special certificates valid for a period not to exceed six years, upon such special studies’as may be authorized by the Board of Education. 3. For immoral or unprofessional conduct, profanity, intemperance, or evident unfitness for teaching, to recommend to the Board of Education | sald property. | 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 Librarv and Reading Rooms, in accordance with the terms and conditions of such gift, devise or bequest. Sec. 4. The title to all property, real and personal now owned or hereafter ‘la.cquh'ed 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 | fended by action at law or otherwise. | Sec. 5. The Board shali take charge | of the Public Library and Reading | Rcoms, and the branches thereof, and | the revocation of any certificates pre- | of all real and personal property there- The | viously granted by the Board. 4. City To recommend the granting of certificates and the renewal retary of the Board, and after being | thereof, in the manner provided for the demands. The salary roll so audited, approved and endorsed, shall be imme- diately transmitted to the Auditor not later than the third day of every month for comparison with the individual sal- ary warrants issued in the manner above provided; but payments shall be made only on the individual warrants ! issued in accordance herewith. 11. To lease to the highest responsi- | ble bidder, for the benefit of the Com- mon School Fund, for a term not ex- ceeding twenty years, any real property of the School Department not required | for school purposes; but no lease shall be made except after advertisement for bids for at st fifteen days in the offi- cial newspaper and by an affirmative vote of at least three members of the | Board approved by an ordinance of the Supervisors. 12. To receive and manage property or money acquired by bequest or dona- tion in trust for the benefit of any school, educational purpose or schoot 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 | furnishing the same by advertising therefor for at least ten days in the officlal newspaper. The provisions of Article II, Chapter | II1, of this Charter, in regard to the ad- vertising for proposals, the affidavit 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 proposals and or entered 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 vear, transmit to the Supervisors 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 gollars. 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 c(hildren in average daily attendance. If from any cause a | 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- pointment. Sec. 5. In addition to the duties im- posed by the general laws of the State, it shall be the duty of the Superin- tendent: 1. To observe and enforce all rules and regulations of the Board of Bduca- 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. 'EJ inform the Board of the con- dition of the schools, schoolhouses and of other matters connected therewith, and to recommend such measures as he may deem necessary for the |- vancement of education In the City and County, and for the care and tmpro | | the City and County | duly audited by the Finance Committee | granting and renewal of County cer- | thereof and approved by a majority of | tificates by County | all the members of the Board, shall be | tion in section seve: | endorsed in the same manner as other | seventy-five of the Political Code. Boards of Educa- nteen hundred and 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 | sistants i 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 purchasing and procuring sites; 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 other persons employed in the School Department, and for other expenditures necessary for the administration of the 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 schools entitled to participate in apportionment thereof. Sec. 2. The Supervisors at the time and in the manner of levying and col- the lecting other city and county taxes shall levy and cause to be collected for the Common School Fund a tax which, added to the regular revenue derived from other sources, shall produce an amount of money which shall not ex- ceed thirty-two dollars and fifty cents for each pupil in attendance during the preceding fiscal year, as ascertained and reported by the Board of Educa- | tion. Sec. 3. In case of extreme emergency or fmeat calamity, such as disaster from fire, riot, earthquake or public enemy, the Board of Education may, with the approval of the Mayor and Supervisors, incur extraordinary expenditures in ex- ‘cess of the annual limit provided for in this Charter, for ¢the repair and con- struction and furnishing of school houses in place of those so injured or destroyed. The Supervisors may, by ordinance, cause to be transferred to the Common Bchool Fund, from moneys in any fund not otherwise apgropristed, sufficient money to liquidate such &x- penditures, and provide for the same in the next tax levy of the City and Coun.: ty. CHAPTER VL School Houses and Lots. SECTION 1. When any locality in is unprovided with sufficient school accommodations, the Board of Education may, by reso- lution, make a requisition upon the Board of Public Works for plans and specifications and estimates for a new school house, specifying the number of | class rooms needed, the location of the proposed school house, the date on which it should be completed, the amount of money in the School Fund available for the purpose, and such other information as will enable the Board of Public Works to prepare the necessary plans, specifications and esti- mates of cost for such school house. If such plans, specifications and esti- mates are approved by the Board of Education, they shall be endorsed “Approved,” with the date of such ap- proval, by the President and Secretary thereof, and returned to the Board of Public Works, which shall proceed without delay to have such school house constructed and completed in ac- cordance therewith. ‘When such school house is complet- ed, the Board of Public Works shall notify the Board of Education to ex- amine the same, and if it has been bullt 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- gchool 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- ficattons, and within such estimate, the same shall be accepted and shall. bs gnld for out of the Common School d. Sec. 3. When it is necessary to purs chase a Ilot for the use of the School Department, the price paid for such lot shall not exceed the market value of adjacent property of equal size and similarly situated. Any school build- ing hereafter constructed shall have a clear space of at least ten feet around the same. 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 by virtde of his office. The Board of Trustees of said Library and Reading prove- | Rooms in office at the time this_Char- books for indigent children; Eor, or | the | | 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 menth, 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 its number President, who shall serve for one year and until | his successor is elected, and shall elect | a Librarian and Secretary and such as- as may be necessary. The Secretary shall keep a full account of | all property. monev, 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, or that may be loaned thereto. 2 or created for such Library and Read- ing Rooms and branches thereof, and provide memorial tablets and niches to perpetuate the memory of those per- sons who may make valuable donations thereto. 3. To define the powers and pre- seribe 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 uvon vouchers, certified by the | President and Secretary, of money from the Library Fund for any liability | or authorized expenditure. | 6. To fix the salaries of the Librarian |and Secretary and their assistants: and, with the approval of the Super- | visors, expressed by ordinance. tn erect | and equip such building or buildings, room or rooms, as may be necessary | for the Library and Reading Rooms | and branches thereof. 7. To establish such branches of thes Library and Reading Rooms as the growth of the City and County may from time to time demand. Sec. 8. The Suvervisors shall have power to appropriate and authorize the use, either in whole or in part. of | any real estate belonging to the City | ing and maintaining a building or buildings thereon to be used for the Library and Reading Rooms, or branches thereof, and may appropriate the whole or any portion of any public building belonging to the City ana County for such use. ——— ARTICLE VIIIL POLICE DEPARTMENT. CHAPTER I. Organization. SECTION 1. The Police Department | shall consist of a Board of Police Com- | missioners, a Chief of Police, a Police | Force, and of such clerks and em- | ployes as shall be necessary to carry into effect the provisions of this Article. | 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 4t least five years next preceding his appointment. 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 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 palitical 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 Cemmissioners shall be successors in office of the Police Commissiopers 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 Board shall appoint a Secretary, who shall receive an annual salary of fifteen hundred | dollars. The sessions of the Board and County may be sued for and de- | and County, for the purpose of erect- | Sec. 2. All members of the Police De- | Every appointee to the Department | shall be appointed such Commissioner | and to tax shall be credited to the Library | | sessions may be held whenever deemed The Board shall of the Police Department, or in case of Trustees shall receive any compensa- | public emergency at such place as the Board may select. The Secretary must for | keep minutes of its proceedings; and such | in every case where a power is exer- and | cised by the Board under this Article he ayes and noes thereon shall Ve en~ Library Trustees may from time tc |tered therein. CEAPTER IIL Powers of the Board. SECTION 1. The Board of Police Commissioners shall have power: 1. To appoint, promote, suspend, dis- rate or dismiss any member of the De- partment in the manner hereinafter provided. 2. To prescribe rules and regulations The proceeds of said | for the government, discipline, equip- ment and uniform of the Department, and from time to time to alter or re- peal the same, and to prescribe penal- ties for the violations of any of such rules and regulations. All such rules and regulations must be reasonable. 3. To grant permits to any person desiring to engage in the sale of liquor in less quantity than one quart, and to grant permits to any person engaged in the business of selling liquor to be {drunk on the premises, and to revoke | plements, To administer any trust declared | ; | | | | | any such permit when it shall appear to the Board that the business of the person to whom such permit was given is conducted in a disorderly or im- proper manner. Without such permit none of such persons shall engage in the business of selling liquor. If the Board refuse to grant such permit, or propose to revoke any permit that has been granted, the person who is re- fused such permit or whose permit it is proposed to revoke, shall be entitled to be heard before the Board in person, or through counsel, and to have, freg of charge, all reasonable facilities at the hearing. Such permits shall not be granted for more than three months at one time, and they shall distinctly state the name of the person to whom the same is given, and the description of the premises where such business is to | unto belonging, or that may be ac- | be carried on. Such permits shall at all times be subject to inspection by any member of the Department. Com- plaints to revoke permits granted by the Board must be in writing, signed by the person making the same and 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 corporation, to appoint, and at pleasure to remove, special police officers. Such officers ghall be subject to all the rules and regulations of the Board. . 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 dirdet the destruction of such property as shall consist of im- weapons, property or any other article, matter or thing used in the commission of crime. 6. To appoint Police Matrons for the care of, female prisoners and to pro- vide rules and regulations for the gov- ernment of ‘the same. 7. To appoint a Police Surgeon who shall receive an annual salary of fif- teen hundred dollars. Sec. 2. The President may convene the Board for special meetings. The Secretary of the Board shall be the offi- cial custodian of all records and official documents of the Board. SECTION 1. TheChief of Police shall be appointed by the Board of Police Commissio. ers and hold office for the term of four years! He shall re- ceive an annual salary of four thou- sand dollars. He shall have control, management and direction of all mem- bers of the Department in the lawful exercise of his functions, with full power to detail any of them to such public service as he may direct, and with like power to suspend temporarily any member of the Department. In all cases of such suspension, he shall im- mediately report the same to the Board with the reasons therefor in writing. He shall maintain and enforce law ana rigid discipline so as to secure com- plete efficiency of the Department. He shall, subject to the directions and or- ders of the Commissioners, have con- trol of such of the prisons of the City and County as are not by the general law under the control of the Sheriff. Sec. 2. In the suppression of any riot, public tumult, disturbance of the public peace, or organized resistance against the laws or public authority, the Chief of Police shall, in the lawful exercise of his functions, have all the powers that are now or may be con- ferred on Sheriffs by the laws of the State. Sec. 3. The Chief of Police shall be the chief executive officer of the De- partment. He shall be chargeable with and responsible for the execution of all laws and ordinances and the rules and regulations of the Department. He ghall see that the orders and process issued by the Police Court and such Qother orders and process as may be praced 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 of the Department where he can be found. Sec. 5. The Chief of Police shall de- tail one or more of the members of the Department to attend constantly on the Police Court and to execute its orders and process. He shall detail at his pleasure members of the Department to act as his Chief Clerk, Assistant Clerks, Prison Keepers and Property Clerk. Said Chief Clerk and said Property Clerk shall each receive an annual sal- ary of twenty-four hundred dollars. Sec. 6. The Chief of Police may from time to time disburse such sums for contingent expenses of the Department, as in his judgment shall be for the best interest of the City and County, to be paid out of the contingent fund allowed the Department. The aggregate of all such sums shall not in any one fiscal year exceed the sum of ten thousand 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- gess powers of general police inspection, supetvision and control, over all pawn-~ brokers, peddlers. junk-shop keepers, dealers in second-hand merchandise, auctioneers and intelligence office kee ers. All persons engaged in said call- ings rmust 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- viet 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 proverty alleged to have been pawned, pledged, deposit- ed, lost, strayed or stolen. - _CHAPTER V. Subordinate Officers. mmou_‘s._ Subordinate officers of