The San Francisco Call. Newspaper, April 16, 1898, Page 14

14 THE SAN FRANCISCO CALL, SATURDAY, APRIL 16 CHARTER FOR City AND COUNTY SANFRANCISCO PREPARED AND P BOARD OF FREEHOLDERS, Elected Dccember 27, 1897, In Section 8, @rticle X1, of State of California. CONTENTS. ‘ J—-BOUNDARIES., RIGHTS AND LIABILITIES. II-LEGISLATIVE DEPAE - MENT. Chapter I—-The Board of Supervisors. Chapter II—-Powers of the Sypervisors. Chapter 11I—Contracts. NANCE AND TAXA- TION. ng of Taxes. Several Funds. Custody of ARTICLE ARTICL® ARTICLE III-F: Public napter IV—Payment of Claims. ARTICLE IV—EXECUTIVE DEPART- MENT. Chapter I—Mayor. Chapter IT—Auditor. Chapter III-Treasurer, Ch IV sessor. Collecton I—Coroner. Chapter V1I—Recorder. ARTICLE V-LEGAL DEPARTMENT. Chapter I—Superior Court Judges. Chapter II— Attorney. Chapter III—District Attor: Chapter IV—Public Administrator. Chapter V—County Clerk. Chapter VI Chapter V Chapter Chapter IX. ARTICLE VI-DEPARTMENT OF PUB- o LIC WORKS. Chapter I—Board of Public Wor Chapter II—Improvement of Strl;:'ts Chapter I1 pening of Streets. Chapter IV—Sewers and Drzinage, Chapter V—Harbors and ‘Wharves. ARTICLE VII PUBLIC AND LIBRARIES. Chapter I_Board of Educa Chapter IL-Schools, o O™ DL HElioo pShapter II—Powers of the Board o Chapter IV—Superintendent of Schools. SCHOOLS | )!flnal passage in the Board aind fails to ’ election, 1898 | pass, and a motion is made to recon- | eider, the vote upon such motion shall | out {not be acted upon before the expira- |the THE OF ROPOSED BY THE pursuance of the Provisions of the Constitution of the ] ARTICLE VII—Continued. Chapter V—School Tax Levy. Chapter VI—Schoolhouses and Lots. Chapter VII—Public Library and Read- ing-rooms. | ARTICLE VIII — POLICE DEPART- | MENT. | Chapter I—Organization. | Chapter II—Police Commissioners. | Chapter IlI—Powers of the Board. Chapter IV—Chief of Police. | Chapter V—Subordinate Officers. | Chapter VI—Police Officers. | Chapter VII—Promotions, Suspensions and Dismissals. | Chapter VIII—Unclaimed and Stolen Property. Chapter I Present Police Force. rCh‘lilptel' —rolice Relief and Pension Fund. ARTICLE IX-—FIRE DEPARTMENT. Chapter I—-Organization and Powers. Chapter II—-Duties of Commissioners. Chapter III—The Chief Engineer. Chapter Fire Companies. | Chapter V—Fire Marshal. Chapter VI—-Fire Wardens. | Chapter VII-Firemen’s Rellef Fund. | Chapter VIII—Salaries. | Chapter IX—Department of Electricity. 1‘ ARTICLE X—DEPARTMENT OF PUB- LIC HEALTH. ARTICLE XI—DEPARTMENT OF | ELECTIONS. Chapter I—Board of Election Commis- sioners. Chapter II—Municipal Elections. ARTICLE XII-ACQUISITION OF PUB- LIC UTILITIES. | | ARTICLE XIII-CIVIL SERVICE. = ion of twenty-four hours Journment, any frenchise shall be put upon its| final passage within ninety days after its introductiorn, and no franchise shall | be renawed be vear prior to its | expiration. Every ordinance s , af- ter amendment, be laid over for one week before its final passage. Sec. 13, Every bill or resolution pro- viding for any specific improvement, or the granting of any franchise or privilege, or involving the lease, ap- propriation or disposition of public property or the expenditure of public | money, except sums less than two| 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 such bill be amended, the bill as; amended shall be advertised for a like period before final action thereon. But | In cases of great necessity the officers | and heads of departments may, with the consent of the Mayor, expend such | sums of money, not to exceed two hun- | dred dollars, as shall be necessary to meet the requirements of such neces- sity. Sec. 14. If any bill be presented to the Mayor containing several items ap- | propriating money or fixing a tax levy, | he may object to one or more items | separately, while approving other por- tions of the bill. In such case he shall | append to the bill at the time of sign- ing it a statement of the item or items | to which he objects and the reasons therefor, and the item or items so ob- Jected to shall not take effect \lnlessY passed notwithstanding the Mayor's objection. Eszch item so objected to shall be separately reconsidered by the Board in the same manner as bills which have been disapproved by the Mayor. Sec. 15. No ordinance shall take ef- fect until ten dayvs after its passage unless otherwise provided in such or- dinance. Sec. 16. Every bill and every resolu- tion as hereinbefore provided, which shall have passed the Board and shall have been duly authenticated, shall be presented to the Mavor for his appro- val. The Mayor shall return such bill or resolution to the Board within ten days after receiving it. If he approve it he shall sign it and it shall then be- come an ordinance. If he disapprove it he shall specify his objections there- | to in writing. If he does not return | it with such disapproval within the time above specified. it shall take ef- fect as if he had approved it. The ob- jections of the Mayor shall be entered at large in the Journal of the Board. and the Board shall, after five and within thirty da after such bill or resolution shall have been so returned, | reconsider and vote upon the same. If the same shall, upon' reconsideration, be again passed by the affirmative vote of not less than fourteen members of the Board, the presiding officer shall certify that fact on the bill or resolu- tion, and when so certified, the bill shall become an ordinance with like ef- fect as if it had been approved hv the Mayor. If the bill or resolution shallfail to receive the vote of fourteenmembers of the Board it shall be deemed finally lost. The vote on such reconsideration shall be taken by aves and noes and the names of the members voting for and against the same shall be entered in the Journal. Sec. 17. All ordinances and resolu- tions shall be deposited with the Clerk | of the Board who shall record the same | at length in a suitable book. Sec. 18. No ordinance shall be re- | pealed except by ordinance adopted in | the manner hereinbefore set out, ana such ordinance shall be presented to | the Mayor for his approval as herein- after hall | ARTICLE XIV—PARK COMMISSION- ERS. ARTICLE XV—BONDS OF OFFICIALS. ‘ ARTICLE XVI-MISCELLANEOUS. SCHEDULE. ARTICLE 1I. Boundaries, Rights and Liabilities. SECTION 1. The municipal corpora- tlon known as the City and County of San Francisco shall remain and con- tinue a body politic and corporate, in name and in fact, by the name of the City and County of San Francisco, and by that name shall have perpetual suc- | cession; may sue and defend in all courts and places and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy real and personal property; recelve bequests, gifts and donations of all kinds of property, !n fee simple, or in trust for charitable and other pur- poses, and do all acts zecessary to carry out th» purposes of iuch gifts, bequests and donations, sith power to manage, sell, ‘case or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust. Sec. 2. The boundaries of the City and County »f £an Francisco are here- by declared to be those set forth in Section Thirty-nine Hundred and Fifty of the Political Code of California. Sec. 3. The City and County of San Francisco shall continue, under this Charter, to have, hold and enjoy all property, rights of property, rights of action of every nature and description of the existing municip.lity and is hereby declared *o be the successor of the same. Sec. 4. Suits, actions and proceedings may be brought in the name of the City and County for the recover; of any property, money or thins belong- ing thereto, in law or equit:’, or dedi- cated to public use therein, or for the | enforcement of any rights cf, 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, ehall continue to be carried on by or against the City and County. Sec. 5. No recours. shall be had against the City and County for dam- age or loss to person or property suf- fered or sustained by reason of the de- fective condition of any sidewalk street, avenue, lane, alley, court or place. or by reason of the defective condition of any sewer, or by reason‘of | any defective drainage, whether any of | said defects originally existed, or whether they were occasioned by con- struction, excavation or embankment, nor shall there be any recourse against the City and County for want of re- pair of any sidewalk, street, avenue, lane, alley, court or place or by want of repair of any sewer; ror shall there be any recourse against the City and County for damage to person or prop- | erty sufferad or sustained by reason of accidenton anysidewalk, street, avenue, lane, alley, court or place, or by falling from any embankment thereon or into any excavation therein; but in anysuch case the person or persons on whom the law may have imposed the obli- gation to repalr such defect in the sldewalk, street or public highway, or In the sewer, and also the officer or officers through whose official negli- gence such defect remains unrepaired shall be jointly and severally liable to the party injured for the damage sus- tained. Ll it ARTICLE II LEGISLATiVE DEPARTMENT. CHAPTEK I. The Board of Supervisors. SECTION 1. The legislative power of the City and County of San Francis- co shall be vested in a legislative body, which shall be designated the Board of Supervisors. Such body is also desig- nated in this Charter, the Supervisors. | | Sec. 2. The Board of Supervisors | | €hall 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 at‘ | twelvs hunired doll" s. | . Every person who has served as Mayor of the City and County, so long | as he remains a resident thereof, shall | be entitled to a seat in the Board of | | Supervisors and to participate in its | | debates, but shall not be entitled to a | | vote nor to any compensation. | Sec.3. A majority of all the members of the Board shall constitute a quorum, but a less number may adjourn from | day to day and compel the attendance of absent members in such manner and | under such penalties as the Board may | prescribe. Bec. 4. The Board shall: | 1. Appoint a clerk, sergeant-at-arms and, when authorized to do so by ordi- | nance, such additional clerks and other | assistants as may be deemed necessary. 2. Establish rules for its proceedings. 3. Keep a journal of its proceedings, and allow the same to be published. The ayes and noes shall on demand of any member be taken and entered therein. 4. Have authority to | bers for disorderly ér behavior in its presence. Sec. 5. The Mayor shall be the pre- | elding officer of the Board of Supervis- ors. In the absence of the Mayor the Board shall appoint a presiding officer pro tempore from its own members, who shall have the same right to vote as other members. Sec. 6. The Brard shall meet on Monday of each week, or if that day bea legal holiday, then on the next day. | | The Board shall not adjourn to any | other place than to its r 'ar place of meeting, except in case of great neces- sity or emergency. The meetings of the Board shall be public. Sec. 7. The clerk of the Board, when requested to do so, shall admin- ister oaths and affirmations, without charge, in all matters pertaining to the affairs of his office, and shall per- form such- services as may be pre- scribed by the Board. He shall have the custody of the seal, and of all leases, grants and other documents, records and papers of the City and County. His signature shall be neces- sary to all leases, grants and convey- ances of the City and County. Sec. 8. Every legislative act of the City and County shall be by ordinance. The enacting clause of every ordinance shall be in these words: *“Be it or- €ained by the People of the City and County of San Francisco as foliows.” No ordinance shall be passed except by bill, and no bill shall be so amended as to_change its original purpose. Sec. 9. No bill skall become an ordi- nance, nor resolution be adopted, un- less finally passed by a majority of all the members of the Board and the vote be taken by ayes and noes and the names of the members voting for and against the same be entered in the Jogrnall.o' 4 ec. 0 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 and amended. Sec. 11. An ordinance shall embrace but one subject, which subject shall be expressed in its title. If any subject be embraced in an ordinance and not expressed in its title, such ordinance ghall be void only as to so much there- punish itsmem- | contemptuous | | | the Auditor or paid by the Trcasurer, | election, asking that an ordinance to be | before provided. Sec. 19. Except as provided iz Chap- ter ITT of Article III of this Charter, all | demands payable out of the Treasury | must, before they can be approved by | be first approved by the Board of Sup- ervisors. All demandsformore thantwo | hundred dollarsshall bepresentedtothe | Mavor for ‘s approval, in the manner | hereinbefore nrovide® for th~ passage | of bills or resolutions. All resolutions | directing the payment of money other than salaries or wages, when the amount exceeds five hundred dollars, shall be published for five successive | days (Sundays and legal nolidays ex-{ cented) in the official newsnaner. | Sec. 20. ™ ae. r there shall be pre- sented to the 3oard of Election Com- | missioners a retition signed by a num- | ber of voters cqual to fi’te:n per| centum of the votes cast at the last | preceding State or City ard County | set forth in such petition, He subr .ted to a vote of th electors o. h= City «nd County, the Board cf Election Com- missioners must submit such proposed ordinance to tle vote of the elector ¢t the next electicn. The sigr turcs to the petition need not all be appended to one paper, but each signer shall add to his sienatu—~ his place of r ‘idence, giving the street and number. One of the signers of each such paper shall 1ke 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 genui signature of the person whose name purports to be thereto subscribed. The tickets used iIn such election shall contain the words “FUR THE ORDINANCE” (stating the nature of the proposed ordinance) and “AGAINST TI"E ORDINANCFE” (stat- ing the nature of the proposed ordi- nance). If a majority of the votes cast v »cn such orlinai ~e sLall he in fa "or of the adoption there:« °, 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 ordinan- 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 sul n't a proposition for the repeal of such ordinance, or for amendments thereto. for vote 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 accordingly. Sec. ¢1. Except as otherwise pro- vided in the Constituticn of the State, or as otherwise provided in this Char- ter, every ordinar e inrolving the granting by the City and County of any franct'se for the supply of light or water, or for the lease r sale of any publicutility, or for thepurchaseof land of more than fifty thousand dollars in value must be submitted to the v .e of the elect ‘= of th City and County at the election next ensu‘ng after the adontion of rach orainance, The tickets used at such election shall contain the words “FOR THE ORDINANCE” (stating t e nature of the proposed ordi nce) and “AGATINST Th& ORDINANCE” (stat- ing the nature o. the proposed ordi- nance). If a majority of the votes cast upon such ordinance shall be in favor of the adoption thereof, the Board of Ele fon Commissioners . shall, within thir' - days fro-) t' - time of such lection, proclaim such fact: and upon such proclamation such ordinance shall have tha same force and effect as an ordi- nance passed by the Supervisors and approved by the Mayor. No such franchise, or lease or sale of any public utility or purchase of land shall be of any force or effect ex- cept it t» mad~ by ordinance, and such ordinance be adopted by the people as ad- | the vo No bill for the grant of | Count | this sectio: | wooden buf in_this section provided. . 2. Whonever there shall be presented to the Supervisors a petition sign d by . number of voters equal fifteen per centum of the votes cas‘ at of as is not e: in its title. Sec. 12, When a bill is put upon its the last precedine State or municipal asking trat an amendment or amendmc.. .t this Charter, to be set In such petition, be submitte® to beople, the Board :nust submit to te of the electors of the City and Yy the proposed amendment or ments. They gnatures to the petition need not all be appended to one paper. Each Signer shall add to his signature his P Ae of residence, giving the street and number. One of the signers of gach such paper shall make oath be- fcr> an 01 ~er competent to administer 0aths that the stateme:.ts made therein are true and that each signature to Such paper appene 1s the gen' ‘e slgnature of the person whose name purports to be thereo 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 iIn other crs ; of election. All the , ~ovisions of the Constituticn of the State embracing the subjest in g 0 provided for are hereby ex- pressly made applicable to such pro- posed amendment or amendments. But If at any time there shall be no consti- tutional provision or provisions under which this Charter may be amended, then the aforesaia amendment or amendments must be submitted by the Board of Flection Commissioners ic *he 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 2 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 ele-ton, proclaim such fact, and thereupon this Charter shall be amended accor~ ng?)'. amen; 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. 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. Stch tracks | must be laid level with the street and | must be operated under such res.ric- | tions as nc . to interfere with the use of such streets by the public. 4. To empower =treet rallway com- panies, under such conditions as the Board may see fit . impose, to convey street sweepings and offal to tke public parks. 5. To fix the limits within which \gs or structures shall T minimum wages of laborers shall be | 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. i To construct or permit the con- | | struction of tunnels, under such rules | and regulations as the Board may pre- | | scribe. 27. To regulate street railroads. ‘tracks and cars; to compel the owners | of two or more of such roads using the same street for any distance not ex- ceeding ten blocks to use the same; tracks and to equitably divide the cost of construction and expense of main- tenance thereof between the owners; to fix, establish and reduce the fares and charges for transporting passengers | and goods thereon; to regulate rates of | speed, and to pass ordinances to pro-| tect the public from danger or incon- venience in the operation of such roads. 28. To allow any transcontinental or other railroad company having not less than fifty miles of road actually con- structed 1d in operation to enter the City and County with its road and run its cars to the water front at the most suitable point for public convenience. No exclusive right shall be granted to any railroad company; and the use of all such rights shall at all times be sub- ject to regulation by the Supervisors. Every ordinance granting such right | shall be upon the conditions that said | company shall pave and keep in repair | the street from curb to curb in such al 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 1n 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 highest| monthly rent, after publication of no- tice thereof for at least three weeks. No lease shall be authorized except by or- dinance passed by the affirmative vote of two-thirds of the members of the | Board, and approved by the Mayor, and | no lease shall be made for a longer pe- riod than twenty years. 33. To provide for the sale at public auction, after advertising for five days, of personal property unfit or unneces- sary for the u-e 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 juds- 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 voucher: 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. not be erected, placed or maintained, and to prohibit the same -vithin such | limits. Such limits when once estab- | lished shall not be hanged except by | extension. | 6. To provide fo. the abatement rr | summary removal of any nuiscnce and | to condemn and to prevent the occu- | pancy 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- | soaal baggege. 8. To provide a public pound and to make all nece y rules and regula- tions in the matter of animais running at large, and for the custody and de- £.ruction of the same. 9. To provide and 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 sc- cused of public offenses are imprisoned. 11. To establish, maintain - 14 regu- late, and change, discontinue and re-establish City and County jails, prisons and houses of detention, pun- ishment, confinement and reformation, hospitals and almshouses. 12. To purchase or acquire by con- demnation such property as may be needed for public use. 13. Except as otherwise provided in this Charter, to regulate and control the location and quality of all appli- ances necessary to the furnishing ¢ water, heat, light, power, telephonic and telegraphic service to the City and County, and to acquire, regulate and | control any and all appliances for the | sprinkling and_cleaning of the streets | of the City and County, ard for flush- ing the sewers therein. 14. To fix and determine by ordin- ance in the month of February of each 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 to the inhabitants thereof, | and to prescribe the quality of the ser- vice. 15. To impose license taxes and to provide for the collection thereof; but no license taxes shall be imposed upon | any person who, at any fixed place of | business fn the City and County, sells | or manufactures goods, wares or mer- | chandise, except such as require per- mits from the Board of Police Com- m’ssioners 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 for the celebration of the anniversary of our National Independence, and not to exceed five hundred doliars in any year for the observance of Memorial Day. 19. To appropriate such sums as may be paid into the treasury from fines col- lected on convic''on of persons chareed with cruelty to animals, and to author- ize the payment of the same or some part thereof io 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 C-urt, to interpret testimony in crim- inal cases in sald Court or the Police Court, or upon inquests and examina- tions. Such compensation shall not ex- ceed one hundred dollars a month for each interpreter. 21. To offer rewards not exceeding one thousand dollars in any one in- stance for the apprehension and convic- tion of any person who may have ~om- mitted a felony in the City and County, and to authorize the payment thereof. “22. To provide in the annual tax levy for a special fund to be used in the construction of a general system of drainage and rewerage. 23. To provide a Seal for the City and County, and Seals for the several departments, boards and officers there- of, and a Seal for the Police Court. 4. To fix the hours of labor or serv- ice required of all laborere in the serv- ice of the City and County, and to fix their compensation; provided that eight hours shall be the maximum hours of malntain a 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 puplic money, or having the power to approve, allow, or audit demands on the treasury; shall have free access to any records, books and papers in all public offices; shall have power to administer oaths and affirma- tions, and to examine witnesses, and compel their attendance before them by subpena. The Committee may at any time visit any of the public offices and make its examinations and investiga- | tions therein without hindrance. The Committee must, at least once in every six months, examine the official | bonds of all City and County officers, | and investigate the sufficiency and sol- vency of the sureties thereon, and re- port in writing the facts to the Mayor. Such report shall specify each bond with the sureties, and the amounts for which each surety is bound, and state whether or not they are 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 filed and ap- | proved. | Sec. 4. The Kinance Committee shall | have power, and it shall be its duty, to | examine the records and examine and expert the books of account of all per- sons, companies or corporations that are required to pay a portion of their gross receipts intqQ the treasury; and shall likewise, as an aid to the fixing of rates for furnishing water and light | to the City and County and to the in- habitants thereof, have like power, and | it shall be its duty, to examine the records and examine and expert the | books of ac ount 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 defaleation, 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 :xceeding twenty-five years to construet 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 PBoard 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 tho | conditions provided in this Chapter. | After such determination, it shall! | cause notice of such applicatior. 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 City and County in lawful money of the United States of a stated percentage of the gross | annual receipts of the person, com- pany or corporation to whom the fran- chise may be awarded, arising from its use, operation, enjoyment or posses- labor in any cale-dar day, and that tL |and | force or effect for any purpose. on. Every bidder shall file with his bid a 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 al] of the condi- tions, terms and obligations of the franchise for whil said application was made in case the same shall be awarded to him, and that in case of the breach of any of the conditions of such bond, the whole amount of the penal sum therein named shall be taken to be liquidated damages, and that as such shall be recoverable from the principal and sureties on such bond. At the next 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 <nd award the franchise to | the person, company or corporation of- fering to pay the highest stated per- centage of the gross receipts 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 paid 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 succeedmg ten vears, and five per centum of the gross re- ceipts during the next succeeding ten years. ' Except as in this section otherwise provided, bidding for such franchises must b- in accordance wi'h the prov.s- ions of this Charter In relation to bids made to the Board of Pllic Works, so far as such provisions may be applica- ble. The Supervisors -aay reject any and all bids, and may refuse to grant a franchise for any part of the route for which application was made. ' ery ordinance making such grant shall re- quire the concurrenceof three-fourthsof all the members of the Board of Super- visors, as shown by the ayes and noes, the approval of the May- or, and at least ninety days shall in- tervene between the introduction and final passage of any such ordinance. It shall require a vote of five-sixths of all the Supervisors to pass the ordinance Mayor. If any bid be accepted, the franchise must be granted upon the express con- dition, in addition to the conditions re- quired by this Charter, and such other conditions as may be prescribed by the Supervisors, that the per centum of the gross receipts of the railway shall be | paid into the treasury on or before the tenth day of the next ensuing month after such gross receipts 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 said 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 | t! advisable, and must expressly provide | Dances. m 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 -uthorizing such lease shall | be passed prior to ninety days next pre- | ceding the expiration of such franchise. | Any ordinance granting a franchise | or authorizing a lease under the provis- | fons of this section shall be in force | from and after the expiraticn 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 shall have been filed with the Supervisors, asking that said ordinance be submit- ted to the vote of the people. 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 majority of the votes be in favor of such ordinance, the Board of Election Commissioners ghall, on the conclusion of the canvass of the vote thereon, proclaim such fact, and upon such proclamation said ordinance shall have full force and effect as of the date aforesaid. Said petition and submission shall be made in accordance with the provisions of section twenty of Chapter I of this Article. Sec. 8. All clalms for damages against the City and County must be presented to the Board of Supervisors and filed with the Clerk within six months after the occurrence from which the damages are claimed to have arisen; otherwise there shall be no re- covery on any such claim. CHAPTER IIL Contracts. SECTION 1. All contracts for goods, merchandise, stores, supplies, subsist- ence or printing for the City and Coun- ty, as well as for all subsistence sup- plies, drugs, and other necessary arti- cles for hospitals, prisons, pu“lic insti- tutions and other departments not oth- erwise specifically provided for in this Charter, must be made bythe Supervis- ors with the lowest bidder offering ad- equate security, after publication for not less than ter 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 ter, the Board must determine annually what goods, merchandise, stores, supplies, drugs, subsistence and olher necessary articles will be needed by the City and County for the ensuing It a| nd it shall have no power to y for the same unless the provisions in this Charter provided as to competitive bidding for supplies | are strictly followed, and no contract ! ehall be made for any of the same un- | less updn such competitive bidding. | Al proposals shall be accompanied | with a certificate of deposit or certified | check onm a solvent bank ih the City !and County of ten per tum on tha i amount of the bid, payable at sight to | the order of the Clerk of the Superv lors. If the bidder to whom the co | tract is awarded shall for five cays af- | ter such award fafl or neglect to enter linto the contract and file the required | bond, the Clerk shall draw the money | due on such certificate of deposit or ! check and pay the same into the treas- {ury; and under no circumstances shall the certificate of deposit or check o= | the proceeds thereof be returned to such defaulting bidder. | Notices for proposals for furnishing | the aforesaid articles shall mentlon sald articles in general and shn}l stata that the conditions and schedule may be found in the office of tha Clerk of | the Board of Supervisors; and shall !also state that such articles are to ba | delivered at such_ times, in such quan- | tities, and in such manner, as the Su- | pervisors may designate. Any biddes | may bid separately for any articla | named. The award as to each articla | shall in all cases be made to the lowest | bidder for such article, and where a bid | embraces more than one article, tha | 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 “or each person, and ths 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. Tha Supervisors shall require bonds with sufficlent sureties for the faithful per- formance of every contract. The CI of the Supervisors shall furnish print- ed blanks for all such proposals, con- tracts and honds. | All bids shall be sealed and deliversd | by the bidder to the Clerk of the Su- pervisors, and opened by the Board at 1year. a purchase or to pa | notwithstanding the objections of the an hour and place to be stated in the advertisement for proposals, in ths | presence of all bidders who attend, and the bidders may inspect the bids. Al bids with alterations or erasures therein shall be rejected. All articles | so supplied shall be suhbject to inspec- | tion: and rejection by the Supervisors and by the person in char—- of the of- fice, institution or department for which the same are supplied. Every contract for work to be performed fo# 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, at the minimum wages of labor- he 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- vislons of this section shall be null and void. and any officer who <hall sign the same shall be deemed guilty of misfea- sance and upon proof of such misfea- | eance shall he removed fram office. | Sec. 2. AN 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 clrecula- tion of at least eight thousand (‘npf@ and has been in existence at the tim 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 snch advertis- | ing at different rates fo- different por- | tions thereof. # Such advertising shall be construed to mean the advertising and publica- jon of all official reports. orders, ordl- essages, resolutions, notices als and all notices of ating 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. The n of such ad known and des newspaper.” The advertising 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 Sunervisors. Sec. 3. The Clerk of the Supervisors shall annually, under th. direction of the Supervisors, advertise for pro- posals for supplying the varlous departments, officers and o%ces of the City and County with all stationery and supplies in the nature of station- ery, assessment books, minute books, blani books and the printing of blanks. The contracts for ionery shall bs separate from theoee 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 uséd 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 conse~ntively 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 th ers employed by t | inviting propos: every nature rel wspaper to which the award - vo:;hflns i« made shall be jenated as the “officlal | and the amount cf the bond that will ba required as sscurity for the perform- . nce of the contract. | al | No stationery furnished to any offl- | cer or department shall contain the | name or names of the officer or offi- | cers constituting the head of the de- partment or board. The contract or | contracts must be made with the low- | est bidder offering adequate security, | quantity and quality being considered. | The Clerk of the Supervisors shall have | rooms in the City Hall for the custody | of such stationery, and when purchased he same shall be delivered to him, and | He il 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 Ry any other bidder, or v : 3hall favor one bidder over another, by giving or withholding information, or who shall willfully mis- lead any bidder in regard to the clar- acter of the material or supplies called for, or who shall knowinglv accept ma- terials or supplies of a quality inferior to that called for by the contract. or who shall knowiagly certify to a great- er amount of labor performed than has been actually performed, or to tte re- ceipt of a greater amo :nt or different