The San Francisco Call. Newspaper, April 17, 1898, Page 33

THE SAN FRANCISCO CALL, SUNDAY, APRIL 17, 189S. 33 CHARITER FOR THE CITY AND COUNTY OF SANFRANCISCO PREPARED AND PROPOSED BY THE final passage in the Board ind fails to pass, and a motion is made to recon- not be acted upon before the expira- tion of twenty-four hours after ad- journment. No bill for the grant of any franchise shall be put upon its final passage within ninety days after be renewed before one year prior to its expiration. Every ordinance shall, af- ter amendment, be laid over for one week before its final passage. Sec. 13. Every bill or resolution pro- viding for any specific improvement, or the granting of any franchise or privilege, or involving the lease, ap- propriation or disposition of public property or the expenditure of public money, except sums less than two 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 eeparately, while approving other por- BOARD OF FREEHOLDERS, | Elected December 27, 1897, in pursuance of the Provisions of | objection. Section 8, @rticle XI, of the Constitution of the | State of California. CONTENTS. ARTICLE I—BOUNDARIES. RIGHTS AND LIABILITIES. ARTICL" II-LEGISLATIVE DEPAEF - MENT. he Board of Supervisors. of the Supervisors. cts. CE AND TAXA- Chapter I-T Chapter 1I—Powe Chapter III—Con ARTICLE III-FI} TIO ng Chapter II—The Se g ter III—The Cust Public ent of Claims. CUTIVE DEPART- r IV—Pay; ARTICLE IV— EGAL DEPARTMENT. hapter I—Superlor Court Judges. pter 1I ttorney. Chapter 11— tiorney. Chapter IV—Public Administrator. Chapter VI 4 Chapter VII—Justices’ Court. Chapter VIII—Police Court Chapter IX—San FranciscoLaw Library. ARTICLE VI-DEPARTMENT OF PUB- st LIC WORKS. -hapter I—Board of Public Works. Chapter II—Improvement of Slr}e(:(t Chapter III—Opening of Streets. Chapter 1IV—Sewers and Drcinage. Chapter V—Harbors and Wharves, ARTICLE VII PUBLIC SCHOOLS AND LIBRARIES. and Dismissals. | 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 1I—Police Commissioners. Chapter 1II—Powers of the Board. Chapter 1V—Chief of Police. Chapter V—Subordinate Officers. Chapter VI—Police Officers. Chapter VII—Promotions, Suspensions Chapter VIII—Unclaimed and Stolen Property. Chapter IX—Present Police Force. Chapter X—~rolice Relief and Pension | Fund. ARTICLE IX—FIRE DEPARTMENT. Chapter I—Organization and Powers. Chapter II—Duties of Commissioners. Chapter The Chiet Engineer. Chapter Fire Companies. Chapter ire Marshal. Chapter Fire Wardens. Chapter VII—Firemen's Rellef Fund. Chapter VIII—Salaries. Chapter IX—Department of Electricity. 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. ARTICLE XIV—PARK COMMISSION- ERS. ARTICLE XV—BONDS OF OFFICIALS. ARTICLE XVI—-MISCELLANEOUS. SCHEDULE. ARTICLE I. Boundaries, Rights and Liabilities. The municipal corpora- the City and County of €O shall remain and con- v politic and corporate, in nd in fact, by the name of the ty of San Francisco, and have perpetual suc- ind defend in all 11 matters anl use a the same at . receive, hold onal property; r charitable and other pur- o all acts recessary to ne, xith power to r otherwise dispose rdance with the or trust. of the City co are here- e 0] in the gift, The bound County »f £an F by declared to be tho -t forth in Section Thirty-nine Hundred and Fifty of the Folitical Code of California. 1tinue, hold and s 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 of, or con- tracts with, the City and County, whether made or arising or accruing before or after the adopiion of this Charter. under this oy all property to which theCity and Countyis a party, ehall continue to be carried on by or against the City and County. S, No recours. shall be had l‘l;-"in.Fl the City and County for dam- | age or loss to person or property suf- fered or sustained by reason of the de- | fective condition of any sidewalk street, avenue, lane, alley, court or | place. or by reason of the defective condition of any sewer, or by reason of any defective drainage, whether any of eaid defects originally existed, or whether they were cccasioned by con- struction, excavation or embankment, 11 th any recourse against ty for want of re- pair of an 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 suffered or sus ned by reason of accidenton any ik, street, avenue, lane, r place, or by falling from an any ex tion the but in anysuch case the person or persons on whom the Jaw may have im d the obli- gation to repair 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 €hall be jointlv and severally liable to the party injured for the damage sus- tained. —_——— ARTICLE II LEGISLATIVE DEPARTMENT. CHAPTEK I The Board of Supervisors. SECTION 1. The legislative power of the City and County of San Francls- All existing suits, actions and | proceedings in the courts or elsewhere, | of ruch gifts, | Supervisors. Such body is also desig- nated in this Charter, the Supervisors. Sec. The Board of Supervisors chall 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 vears next preceding his election. twelvy hundred 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 maljority of all the members of the Board shall constitute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the Board may prescribe. Sec. 4. L The Board shall: Appoint a clerk, sergeant-at-arms | and, when authorized to do so by ordi- | | records and papers of bankment thereon or into | | | { 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. Yave authority to punish itsmem- bers for disorderly or contemptuous behavior in its presence. Sec. 5. The Mayor shall be the pre- siding officer of the Board of Supervis- ors. In the absence of the Mayor the Board shall appoint a presiding officer pro tempore from its own members, who shall have the same right to vote as other members. Sec. 6. The Bcrard shall meet on Monday of each week, or if that day bea legal boliday, 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- seribed by the Board. He shall have the custody of the seal, and of all leases, zrants and other documents, the City and County. His signature shall be neces- ewalk, street, avenue, Sary to all leases, grants and convey- ances of the City and County. Sec. 8. Every legislative act of the City and County shall be by ordinance. The enacting clause of every ordinance shall be in these words: “Be it or- dained by the People of the City and County of San Francisco as follows.” No ordinance ghall be passed except by bill, and no bill shall be so amended as to change {ts original purpose. Sec. 9. No bill stall become an ordi- nance, nor resolution be adopted, un- iess 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 ournal. Sec. 10. No ordinance shall be re- vised, re-enacted or amended by refer- ence to its title but the ordinance to be revised or re-enacted, or the section thereof amended, shall be re-enacted at length as revised 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 shall be void only as to so much there- ©o shall be vested in a legislative body. | of as is not expressed in its title. which shall be designated the Board of Sec. 12. When a bill is put upon its Each Supervis- | or shall receive an annual salary of | tions of the bill. In such case he shall append to the bill at the time of sign- ing it a statement of the item or items to which he objects and the reasons therefor, and the item or items so ob- jected to shall not take effect unless passed notwithstanding the Mayor's Ezch item so objected to shall be separately reconsidered by the Board Mavor. Sec. 15. No ordinance shall take ef- fect until ten days after its passage unless otherwise provided in such or- dinance. Sec. 16. Every bill and every resolu- tion as hereinbefore provided, which shall have passed the Board and shall | have been duly authenticated, shall be presepted to the Mayor for his appro- val. The Mayor shall return such bill or resolution to the Board within ten days after receiving it. If he approve it he shall sign it and it shall then be- come an ordinance. If he disapprove it he shall specify his objections there- | to in writing. If he does not return it with such disapproval within the time above specified. it shall take ef- fect as if he had approved it. The ob- jections of the Mayor shall be entered | at large in the Journal of the Board. and the Board shall, after five and | within thirty days_after such bill or | resolution shall have been so returned. reconsider and vote upon the same. the same shall. upon reconsideration, | be again passed by the affirmative vote | of not less than fourteen members of the Board, the presiding officer shall | certify that fact on the bill or resolu- tion, and when so certified. the bill shall become an ordinance with like ef- | fect as if it had been approved by the | Mayor. If the bill or resolution shall fail to receive the vote of fourteen members of the Board it shall be deemed finally lost. The vote on such reconsideration shall be taken by ayes and noes and the names of the members voting for | and against the same shall be entered | in the Journal. Sec. 17. 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, and | such ordinance shall be presented to the Mayor for his approval as herein- before provided. Sec. 19. Except as provided in Chap- | ter IIT of Article IIT of this Charter, all | demands payable out of the Treasury must, before they can be approved by the Auditor or paid by the Trcasurer, be first approved by the Board of Sup- ervisors. All demandsformore thantwo | hundred dollarsshall bepresentedtothe Mavor for s approval. in the manner hereinbefore provide® 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. T ae. - there shzall be pre- sented to *he Soard of Election Com- missioners a retition signed by a num- ber of voters cqual to fi’tecn per centum of the votes cast at the last preceding State or City ard County election, asking that an ordinance to be set forth in such petition, “e subr .ted | to a vote of th electors 0. h> City 4nd County, the Board cf Election Com- missioners must submit guch proposed ordinance to tue vote of the eleclor -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 signatur~ 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 ‘0 admin. ter oaths, that the statements therein made are true, and that each signature to the paper appended is the genuin- | signature of the person whose name | purports to be thereto subscriied. The tickets used in such election | shall contain the words “FUR THE ORDINANCE” (stating the nature of the proposed ordinance) and “AGAINST TI"E ORDINANCE" (stat. ing the nature of the proposed ordi- nance). If a majority of the votes cast vcn such ordinar ~e shall be in faror of the adoption therec®, the Board of Election Commissioners shall within thirty days from the time of such election, pro- c’aim such fac': nd upon such procla- mation such ordinance shall have the same force and effect as an ordinanc: passed by the Supervisors and ap- proved by the Mayor, and the same shall not be repealed by the Supervi- sors. But the Supervisors may submit a proposition for the repeal of such ordinance, or for .amendments thereto, for vote at any srcceeding election; and should such proposition, so submitted, receive a majority of the votes :ast théreon at such election, such ordi- nance shall be repealed or amended accordinglv. Sec. zl. Except as otherwise pro- vided in the Constituticn of the State, or as otherwise provided in this Char- ter, every ordinar.e insolving the granting by the City and County of any francti=e 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 s of th City and County ! at the election next ensu!ng after the | adontion of ruch oruinance. | The tickets used at such election shall contain the words “FOR THE ORDINANCE"” (stating t e nature of ‘u,e proposed ordi nce) and “‘AGA!NST Th. ORDINANCE” (stat- ing the nature o. the pruposed ordi- nance). 1f a majority of the votes cast upon such ordinince shall be in favor of the adoption thereof, the Board of Ele {on Commissioners shall, within thir'r days frozy t' - time of such ‘lectfon. proclaim such fact: and upon such yroclamation such ordinance shall have th> 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 oi any force or effect ex- cept it = mad~ by ordinance, and such ordinance be adopted by the people as in this section provided. Sec. ‘Whenever there shall be presented to the Supervisors a petition sign d by . number of voters equal fifteen per centum of the votes cas* at the last preceding S'ate or municipal | | sider, the vote upon such motion shall | its introduction, and no franchise shall | in the same manner as bills| which have been disapproved by the | 1¢ | road tracks and running cars thereon, election, asking ttat an amendment or | amendmc t this Charter, to be set! out in such petition, be submitt" to| | the people, the Board .nust submit to the vote of the electors of the City and County the proposed amenZment or amendments. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his | place of residence, giving the street and number. One of the signers of each such paper shall make oath be- fc-> an o1 ~er competent to administer oaths that the stateme:ts made therein are true and that each signature to such paper =zppende’ Is the gen- ‘e signature of ‘he person whose name purports to be there’o subscribed. The Board of Election Commissioners must make al: necessary provision for submitting the proposed amendment or amendments to the electors at a spe- cial election to be called by it. and shall canvass the vote in the same manner as in other c~s ; of electior. All the , ~ovisions of the Constituticn of the State embracing the subject in this section provided for are hereby ex- pressly made applicable to such pro- posed amendment or amendments. But if at any time there shall be no consti- tutional provision or provisions under which this Charter may be amended, then the aforesaid amendment or amendments must be submitted by the Board of Election Commissioners 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 a majority of the votes cast upon such amendment or amendments shall be in favor of the adoption *hereof, the Board of Election Commissioners | shall, within thirty days from the time | of such ele-t'on, proclaim sucii fact, and thereupon this Charter shall be amended accor” igly. 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 Ifmits of the City and County all nec ssary local, police, sani- | tary and other 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- | 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 not to interfere with the use of such streets by the public. To empbwer street raillway 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 wooden bui’ -1gs or structures shall not be erected, placed or maintained, |and to prohibit the same =within such | limits. Such limits when once estab- | lished - shall not be hanged except by | extension. | "6. To provide fo. the abatement cr summary removal of any nuisance 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 baggr ge. 8. To provide a public pound and to make all necc ‘v rules and regula- tions in the matter of animals running at large, and for the custody and de- £.ruction of the same. 9. To provide and maintain morgue. 10. To provide places for the deten- tlon of witnesses and persor-s charged with insanity, separate and -~rart from places where c:irinals or persons zc- cused of public offenses are iriprisoned. 11. To establish, meintain - 11 regu- late, and change, discontinue and re-establish City and County jalls, 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 in the City and County, sells or manufactures goods, wares or mer- chandise, except such as require per- mits from the Board of Police Com- missioners as provided In this C* _rter. 16. To prescribe fines, forfeitures and penalties for the breach of any ordin- ance; but no penalty shall exceed the amount of five hundred dollars or six months’ imprisonment, or both. 17. To fix the fees and charges for all official services not otherwise pro- vided for in this Charter. 18. To allow not to exceed two thou- sand five hundred dollars in any year 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 stms as may be paid into the treasury from fines col- lected on convic on of persons charged with cruelty to animals, and to author- jze the payment of the same or some part tnereof 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 said Court or the Police Court, or upon inquests and examina- tions. Such compensation shall not ex- ceed one hundred dollars a month for each interpreter. 21. To offer rewards not exceeding one thousand dollars in any one in- stance for the apprehension and convic- tion of any person who may have rom- mitted a felony in the City and County, and to authorize the payment thereof. 22. To provide in the annual tax Jevy for a special fund to be used in the construction of a geaeral 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. 24. To fix the hours of labor or serv- ice required of all laborers in the serv- | ice of the City and County, and to fix their compensation; provided that eight hours shall be the maximum hours of | | | labor In any cale:dar day, and that tL 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. 26. To construct or permit the con- struction of tunnels, under such rules and regulations as the Board may pre- scribe. 27. To regulate i 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 :d in operation to enter the City and County with its road and run its cars to the water front at the most suitable point for public convenience. No exclusive right shall be granted to any railroad company; and the use of all such rights shall at all times be sub- Ject to regulation by the Supervisors. Every ordinance granting such right shall be upon the conditions that said company shall pave and keep in repair the street from curb to curb in such a manner and with such material as may from time to time be prescribed by the Supervisors, and that such company shall allow any other railroad company to use in common with it the same track or tracks, each paying an equal portion for the construction and repair of the tracks and arpurtenances used by such railways jointly. 29. To convey lands In accordance with the provisions of the Act of the Legislature of the State of California, entitled “An Act to expedite the settle- ment of land titles in the City and County of San Francisco, and to ratify and confirm the acts and proceedings of | certain of the authorities thereof,” ap- proved March 14, 1870. 30. To provide for the execution of | all trusts confided County. 31. of the City Government vacant and un- used lots of land to another depart- ment. 32. to the City und 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 uce of the City and County. | To provide for the purchase of | property levied upon or under execu- | tion in favor of the City and County: | 34. but the amount bid on such purchase shall not exceed the amount of judg- ment and costs. 35. The Supervisors mus appropriate | annually to the Mayor thirty-six hun- | a contingent | dred dollars as and for fund, for which he need furnish no vouche: Sec. 2. The Supervisors shall consti- tute the Board of Equalization of the City and County. The Clerk of the Su- pervisors shall be Clerk of the Board of Equalization by virtue of his office. Sec. 3. The Board of Supervisors shall appoint from its members a com- | | | | | provided, bidding, for such franchises | must t- in accordance wi'h the prov.s- lons of this Charter in relation to bids made to the Board of P llic Works, so far as such provisions may be applica- ble. Thq 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 concurrence of three-fourthsof all the members of the Board of Super- | visors, as shown by the ayes and noes, and the approval of the May- or, and at least ninety days shall in- | tervere between the introduction .and To transfer from one department | To provide for the lease of any | lands now or hereafter owned by the | mittee consisting of three to be denom- | inated Finance Committee, fill all vacancies in the Committee. The Committee shall bursement of public money, or having | the power to approve, allow, or audit | demands on the treasury; shall have free access to any records, books and | papers in all public offices; shall have | power to administer oaths and affirma- | ing the and shall | investigate the | transactions and accounts of all officers | having the collection, custody or dis-| bond executed to the City and County, with at least two good and sufficient sureties to be aj in a penal sum prescribed by the Su- pervisors, and set forth in such ad- vertisement, conditioned that such bid- der will well and truly observe, fulfill and perform each and all of the condi- tions, terms and obligations of the franchise for which said application was made in case the same shall be awarded to him, and that in case of | such bond, the whole amount of the to be liquidated damages, and that as such shall be recoverable from the principal and sureties on such bond. 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 four per centum of the gross receipts during the next succeeding ten years. and five per centum of the gross re- years. shall require a vote of five-sixths of all the Supervisors to pass the ordinance notwithstanding the objections of the Mayor. | If any bid be accepted, the franchise | must be granted upon the express con- dition, in addition to the conditions re- quired by this Charter, and such other conditions as may be prescribed by the Supervisors, that the per centum of the gross receipts of ihe 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; 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 | advisable, and must expressly provide that the franchise shall not be renewed or regranted, and that the Board shall at all times have the power to regulate the rates of fare to be charged by those using, operating, possessing or enjoy- franchise, and that the Finance tlons, and to examine witnesses, and | Committee of the Board shall at all compel their attendance before them by | times be permitted to examine and ex- subpena. The Committee may at any | pert their books as to such 2 time visit any of the public offices and | ceipts. gross re All moneys received for such make its examinations and investiga- | franchises and in payment of the said 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. | specify each bond | with the sureties, and the amounts for | which each surety is bound, and state | whether or not they arz sufficient and | Upon such report the Mayor | shall take such action as shall be nec- | essary to protect the City and County, | Such report shall solvent. and may require new bonds when nec- essary, and he may suspend any officer till a sufficient bond is filed and ap- proved. Sec. 4. The Finance Committee shall have power, and it shall be its duty, to examine.the records and examine and | expert the books of account of all per- sons, companies or corporations that are required to pay a portion of their gross receipts into the treasury; and shall likewise, as an aid to the fixing of rates for furnishing water and light to the City and County and to the in- habitants thereof, have like power, and it shall be its duty, to examine the records and examine and expert the books of 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 defalcation, has been committed by an officer, the Committee shall immediately report to the Mayor, who, if he approve the re- port, shall take such proceedings against such officer as are authorized by law, and may suspend him pending such proceedings. Any Police Officer shall execute the process and orders of the Committee. Sec. 5. No exclusive franchise or privilege shall be granted for laying pipes, wires or conduits. Sec. 6. The Board of Supervisors shall have power to grant authority for a term not exceeding twenty-five | years to construct and operate street | railways upon, or over, or under, the streets or parts of streets of the City and County not reserved for boulevards or carriage driveways, upon the follow- ing conditions and in the following manner and none other: Upon application being made to the Board for any such franchise, it shall | by resolution determine whether such | franchise or any part thereof should | | be granted, and at said time shall de- | termine on what conditions the same shall be granted additional to those | conditions provided in this Chapter. After such determination, it shall cause notice of such application and resolution to be advertised in the offi- cial newspaper of the City and Coun- ty for ten consecutive days. Such ad- vertisement must be completed not less than twenty nor more than thirty days before any further action is taken by the Board on such application. The ad- | vertisement must state the character of the franchise sought, the term of its proposed continuance, and the route to be traversed; that sealed bids will be received up to a certain hour | on a day to be named in the advertise- ment: and a further statement that no bids will be received of a stated amount, but that all bids must be for the pavment to the 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- | sion. Every bidder shall file with his bid a | | per centum shall be credited 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 ‘he 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 iease under the provis- | lons 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 to the 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 tion receive in its favor a majority of the votes cast thereon it shall have no force or effect for any purpose. If a majority of the votes be in favor of such ordinance, the Board of Election Commissioners shall, on the conclusion of the canvass of the vote thereon, proclaim such fact, and upon such proclamation said ordinance shall have full force and effect as of the date aforesaid. Sald petition and submission shall be made in accordance with the provisions of section twenty of Chapter I of this Article. Sec. 8. All claims for damages against the City and County must be presented to the Board of Supervisors and filed with the Clerk within six months after the occurrence from which the damages are claimed to have arisen; otherwise there shall be no re- covery on any such claim. CHAPTER IIL Contracts. SECTION 1. All contracts for goods, merchandise, stores, supplies, subsist- ence or printing for the City and Coun~ ty, as well as for all subsistence sup- plies, drugs. and other necessary arti- | cles for hospitals, prisons, pu“lic insti- | tutions and other departments not oth- erwise specifically provided for in this Charter, must be made by the Supervis- 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 Charter, the Board must determine annually what goods, stores, supplies, drugs, subsistence and advertisement up to which such bids | will be received. the Board must open | ‘year, and it shall have no power to the breach of any of the conditions of | penal sum therein named shall be taken | Wwhich the franchise is to be granted, | purchase or to pay for the same unless pproved by the Mayor the provisions in this Charter provided as to competitive bidding for supplies are strictly followed, and no contract shall be made for any of the same un- less upon such competitive bidding. All proposals shall be accompanied with a certificate of deposit or certifled check on a solvent bank in the City and County of ten per centum on the amount of the bid, payable at sight to the order of the Clerk of the Supervis- ors. If the bidder to whom the con- tract is awarded shall for five cays af- ter such award fail or neglect to enter into the contract and file the required At the next rcgular session after the | bond, the Clerk shall draw the money expiration of the time stated in such | 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 said articles in general and shall stats 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 be delivered at such times, in such quan- tities, and in such manner, as the Su- pervisors may designate. Any bidder may bid separately for any article named. The award as to each article | shall in all cases be made to the lowest ceipts during the next succeeding ten | bidder for such article, and where a bld embraces more than one article, the | Supervisors shall have the right to ac- Except as in this section otherwise | final passage of any such ordinance. It | and that the: cast at the last preceding election shali | unless said ordinance shall at said elec- | merchandise, | 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 preposals chall specify each article required. the quality thereot, the quantity Zor each person, and the existing and probable number of per- sons to be supplied. Nc article or ar- ticles provided for in this section shall have been made in anr prison. The Supervisors shall requite bonds with sufficient svreties for the faithful per- formance of every contract. The Clerk of the Supervisors shall furnish print- ed blanks for all such proposals. con- tracts ara honde, All bids shall be sealed and delivered by the bidder to the Clerk of the Su- pervisors, and opened by the Board at an hour and place to be stated in the advertisement for proposals, fin the 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 subject to inspec- tion and rejection by the S ipervisors and by the person in char-- of the of- fice, institution or department for which the same are supoliel Every contract for work to be performed for the City and County must provide that in the performance of the contract eight hours shall be the maximum hours of labor on any calendar day, and that the minimum wages of labor- ers employed by the contractor in tha execution of his contract shall be two dollars a day. Any contract for work to be performed for the City and Coun- ty which does not comply with the pro- visions of this section shall be null ana void, and any officer who shall sien the same shall be deemed guilty of misfea- cance and unon proof of such misfea- canca shall he removed from office. ec. 2. All contracts for official ad- vertising shall be let annually in like manner by the Supervisors to the low- est responsible bidder publishing a daily newspaper in the Citv and Coun- ty which has a bOna fide daily cirenta- tion of at least eight thousand coples, and has been in existence at the time of letting such contract for at least two vears. In inviting proposals there- for. such advertising shall not be clas- cified and no proposal shall be acted nnon which offers to do such advertis- ing at different rates fo- different por- tions thereof. h advertising shall he construe? tn mean the advertising and publica- tion of all official reports. orders. ord!- nances, messages, resolutions, notices Inviting proposals and 51l motices ?f every nature relating to City work. No vart or kind of such advertising shall he charged or contracted for at a high- er rate than anv ather part or kind of the same s charged or contracted for. except in the case of the delinquent tax list. The newspaper to which the award of such advertising is made shall be ¥nown and designated as the “official 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. devartment or officer shall make any publication which is not ex- nressly authorized by this Charter or b the Snmerviears Sec. 3. The Clerk of the Supervisors shall annually, under th_ dir:ction of the Supervisors, advertise for pro- posals for supplying the various departments, officers and oZces of the City and County with all stationery and supplies in the nature of station- ery. assessment hooks. minute books, hlani books and the printing of blanks. The contracts for fonery shall be separate from thaea for priniing. Notice for proposals for supplies shail 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 bi receipts, court notices, and all papers and. documents now used or hereafter required in any and all de- partments of the City and County, in- cluding the forms. papers and blanks now used or hereafter required by the courts of the City and County. The forms for all printing shall be congs~~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 the amount cf the bond that will be required as s>curity for the perform- | ance of the contract. | No stationery furnished to any offi- cer or department shall contain the name or names of the officer or offi- cers constituting the head of the de- partment or board. The contract or contracts must be made with the low- est bidder offering adequate security, quantity and quality being considered. The Clerk of the Supervisors shall hava rooms in the City Hall for the custody of such stationery, and when purchased the same shall be delivered to him, and he shall issue and distribute the same to the various departments as re- quired. He shall keep accounts in detail, charging himsel’ with all goods re- ceived, and crediting himself with the zoods delivered nnon 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 aporoved 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 a1l paper, blanks, books, stationery and printing ordered by and Celivered to | any department or officer. ors with the lowest bidder offering ad- | equate security, after publication for | 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 sunvlies, at a higher price or rate than that pronosed Ry any other bidder. or v~ - shall favor one bidder over another, by giving er withholdine information, or who shall willfully mis- lead any bidder in regard to the char- acter of the material or supplies called for, or who shall knowingly accept ma- terials or 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 oiher necessary articles will be needed | been actually performed. or to tle re- by the City and County for the ensuing | ceipt of a greater amo:nt or different