The San Francisco Call. Newspaper, April 19, 1898, Page 12

THE SAN TFRANCISCO CALL, TUESDAY, APRIL 19 1898. % CHARTER FOR THE City AND COUNTY OF SANFRANCISCO PREPARED AND PROPOSED BY THE BOARD OF FREEHOLDERS, Elected December 27, Section 8, drticle XI, of 1897, In pursuance of the Provisions of | the Constitution of the State of California. CONTENTS, RIGHTS I-BOU AND LIA ARTICLE SLATIVE DEPAL.- i d of Supervisors. rs of the Supervisors. tracts. pter TION nds. of Public ster IV—Payment of Claims. XECUTIVE DEPART- & L DEPARTMENT. erior Court Judges. v Attorney. Attorney. Administrator. lerk. lice Court. n Francisco Law Library. 3 A ient_of Streets. of Streets. nd Drcinage. 1d Wharves. _ SCHOOLS | Education. ‘ll —Powers of the Board olj endent of Schools. ARTICLE III-FINANCE AND TAXA-: | ARTICLE VII—Continued. | Chapter V—School Tax Levy. | Chapter —Schoolhouses and Lots. | . Chapter VII—Public Library and Read- ing-raoms. | ArTicLE VIII — POLICE DEPART- MENT. Chapter I—Organization. Chapter II—Police Commissloners. Chapter 11I—Powers of the Board. Chapter IV—Chief of Police. Chapter V—Subordinate Officers. Chapter VI—Police Officers. Chapter VII—Promotions, Suspensions and Dismis: | _Chapter —Unclaimed and Stolen | Property. | Chapter I Present Police Force. jFChgpter —~rolice Relief and Pension und. ARTICLE IX—FIRE DEPARTMENT. | Chapter I—Organization and Powers. Chapter I1—Duties of Commissioners. Chapter 111—The Chiet E: Chapter I Chapter Chapter — 1 VI—Fire Wardens. Chapter VII—Firemen’'s Rellef Fund. Chapter VIII—Salaries. Chapter IX—Department of Electricity. ARTICLE X—DEPARTMENT OF PUB- LIC HE 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. AR TICLE I. Boundaries, Rights and Liabilities. SECTION 1. tion known a San Franc tinue a Ibc The municipal corpora- the City and County of 0 shall remain and con- ¥ politic and corporate, in name and in fz by the name of the ity and County of San Francisco, and 7 that name shall have perpetual suc- c lon; may sue ind defend in all courts and piaces and in all matters and proceeding kave anl use a common al T the me at pleasu may nurcha, receive, hold and enjoy real “nd personal property; receive beque gifts and donations of all kinds of property, ‘n fee simple, or in trust for cha her pur- poses, do all acts carry out th» p bequ ind d x¥ith power to manage, sell, lca erwise dispose of the same in ac nce with the terms of the gift, bequest or trust. Sec. 2. The boundaries of the City and County »f fan Francisco are here- by declared to be those set forth in Section Thirty-nine Hundred and Fifty of the Political Code of California. 3. The City and County of San 0 shall continue, under this to have, hold and enjoy all property, rights of property, rights of action of every nature and description of the existing municip. ity 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 | of any | and County for the recovery property, money or thins belong: ing thereto, in law or equit:, or ded 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 adopiuon of this Charter. proceedings in the courts or elsewhere, to which theCity and Countyis a party, shall 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 sldewalk gtreet, 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 | £gaid defects originally existed, or whether they were occasioned by con- etruction, excavation or embankment, | nor shall there be any recourse against the City and County for want of re- air of any sidewalk, street, avenue, ane, alley, court or place or by want of repair of any sewer; ror shall there be any recourse against the City and County for damnge to person or prop- | erty suffered or sustained by reason of accidenton anysidewalk, street, avenue, | lane, alley, court or'place, or by falling | from gny embankment thereon or into | any excavation thecein; but in anysuch case the person or persons on whom the law may have imposed the obli- gation to repair such defect in the sidewgdk, 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 jointly and severally liable to the party injured for the damage sus- tained. ARTICLE II LEGISLATIVE DEPARTMENT. CHAPTEK I The Board of Supervisors. BECTION 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 All existing suits, actions and | Bupervisors. Such body is also desig- nated in this Charter, the fupervisors. | Sec. 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. Fa:h 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 nex preceding his election. Each Supervis or shall receive an annual salary of twelvs hunlired 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 | preseribe. | Sec. 4 The Board shall: ‘ 1. Appoint a clerk, sergeant-at-arms | and, when authorized to do so by ordi- nance, such additional clerks and other 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 punish {tsmem- bers for disorderly or contmptuous behavior in its presence. Sec. 5. The Mayor shall be the pre- giding 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 Bcard 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- dained by the People of the City and County of San Francisco us follows.” 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 slall 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 Journal. Sec. 10. No ordinance shall be re- vised, re-enacted or amended by refer- ence to its title: but the ordinance to be revised or re-enacted, or the section thereof amended, shall be re-enacted at length as revised 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- of as is not expressed In its title. Sec. 12. When a bill is put upon its final passage in the Board ind falls to pass, and a motion is made to recon- sider, the vote upon such motion shall 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 its introduction, and no franchise shall 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 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 therefor, and the item or items so ob- Jected to shall not take effect unlesa passed notwithstanding the Mayor’'s objection. Ezch item so objected to | shall be separately reconsidered by the Board in the same manner as bills which have been disapproved by the 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 | presented 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 approv | 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 he entered | at large in the Journal of the Board. |and the Board shall, after five and { within thirty days after such bill or resolution shall have been so returned. reconsider and vote upon the same. If the same shall. upon reconsideration, meet the requirements of such neces- | the reasons | | Sues after such petition is filed with the | shall election, asking ttat an amendment or amendmec. . t this Charter, to be set out in such petition, be submitte” to the people, the Board must sub the vote of the electors of the City and County the proposed amendment or amendments, The signatures to the petition need not all be appended to one paper. Each signer shall ad1 to his signature his place of residence, giving the street | and number. One of the signers of | each such paper shall make oath be- fcr> an 0; ~er competent to administer oaths that the stateme:ts made therein are true .and that each signature to Such paper appenge® 1s the gen” ' ° signature of the person whose name PUrports to be there:o subscribed. The Board of Election Commissioners must make ali necessary provision for submitting the proposed amendment or amendments to the electors at a Spe- cial election to be called Dy it, and shall canvass the vote in the same manner as in other cos ; of election. All the ,~ovisions of the Constituticn of the State embracing the subjezt 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 tc *he vote of the electors of the City and County at the election which next en- 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 contain the words “FOR THE AMENDMENT” (stating the nature gr the proposed amendment) anq 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 elc t'on, proclaim suci fact, and thereupon {his Charter shall be amended accor- \gly. CHAPTER IL 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, meke and enforce Wwithin the limits of the City and County all nec seary local, police, sani- tary and otle: laws an! 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 thorm_:ghfnres, 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, | be again passed by the afirmative vota | 0T the sole purpose of excavating and | of not less than fourteen members of | filling in a street or portion of a street the Board, certify that fact on the bill or resolu- tion. “and when so certified | shall become an ordinance with like ef- | fect as if it had been anproved bv the | Mayor. If the bill or resolution chall fail | to recelve 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 presiding officer shall | the bill | or the adjoining land, for such limited time as may be necessary for such purpose and no longer. Such tracks must be laid level with the street and | must be operated under such res ric- | tions as not to interfere with the us2 of such streets by the public. 4. To empower street railway com- panies, under such conditions as the Board may see fit . impose, to convey the names of the memhers voting for | Street sweepings and offal to tte public | and aeainst the same shall be entered | in the Journal. | Sec. 17. Al orainances and resolu- tions hall be deposited with the Clerk of the Board who shall record the same at length in a suitahle book. | Sec. 18. No ordinance shall be re- | wooden bui parks. 5. To fix the limits within which 1gs or structures -hall not be erected, placed or maintained, {and to prohibit the same =ithin such | limits. | pealed except by ordinance adopted in | the manner hereinbefore set out, anad | such ordinance shall be presented to the Mayor for his approval as herein- before nrovided. Sec. 19. Except as provided in Chap- ter TIT of Article TII of this Charter, all demands payable out of the Treasury must, before they can be approved by the Auditor or paid by the Trecasurer, ervisors. All demandsformaore thantwo hundred dollarsshall bepresentedtothe M=~vor for s aporoval. in the manner hereinhefore nrovide®™ for th~ necessaze of bills or resolutions. All resolutions | than salaries | or wages, when the | amount exceeds five hundred dollars, | be first approved by the Board of Sup- | directing the payment of monev other | Such limits when once estab- lished shall not be hanged except by extension. 6. To provide fo. the abatement rr summary removal of any nufsence and to condemn and to prevent the occu- pancy ol 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 bagg: ge. 8. To provide a public pound and to make all nece v rules and regula- tions in the matter of animals running at large, and for the custody and de- 1ction of the same. To provide and maintain morgue, 10. To provide places for the deten- tion of witnesses and persor~ charged 9. a ‘ shall be published for flve successive | with insanity, separate and ~rart from days (Sundays and legal nolidays ex- | cented) in the official newspaner. | Sec.20. ™ se. v there shall be pre- of voters b equal to o preceding State or election, asking that an ordinance to be set forth in such petition, He subr ted to a vote of th electors 0. h~» City 4nd County, the Board ¢f Election Com- | missioners must submit such proposed ordinance to tlL.e vote of the elector §: the next electirn. | The sigr turcs to the petition necd | not_all be appended to one paper, but | each signer shall add to his signatu-- his place of r “idence, giving the street and number. each such paper shall ke oath be- fore an officer :ompetent ‘o admin ter oaths, that the statements therein made are true, and that each signatu.a | to the paper appended is the genuin-~ signature of the person whose name purports to be thereto subsecrited. The tickets used in such election shall contain the words “FUR THR | ORDINANCE” (stating the nature of | the proposed ordinance) | “AGAINST TI"E ORDINANCT" (s !Ing the nature of the proposed ordi- | nance). | If a majority of the votes cast v en | adoption there« =, the Board of Election Commissioners shall within thirty davs from the time of such election, pro- caim such fae': 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 revealed by the Supervi- sors. But the Supervisors may suhn't | a proposition for .the repeal of such ordinance, or for amendments thereto, for vute at any srcceeding election: and should such proposition, so submitted. receive a majority of the votes ast thereon at such election, such ordi- nance shall be repealed or amended accordingly. Sec. z1. Except as otherwise pro- vided in th> Constituticn of the State, or as otherwise provided in this Char- ter, every ordinan.e insolving 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 vi.e of the elect s of th City and County at the election next ensu‘ng after the adontion of ruch orainance. The tickets used at such election shall contain the words “FOR THE ORDINANCE” (stating t e nature of the proposed ordi nee) and “AGAINST Tha ORDINANCE” (stat- ing the nature o. the proposed ordi- nance). If a majority of the wotes cast upon such ordinance shall he in favor of the adoption thereof, the Board of Ele ion Commissioners shall, within thir - days fro:: t! - time of Such ‘lectinn, 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 in this section provided. Sec. 22. Whenever there sghall 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 State or municipal One of the signers of | d | - | County, or t~ the inhabitants thereof, | such o linai ~a glall be in fa ‘or of the | provide for the collection thereof; but | sented to *he 3oard of Election Com- |late, issioners a yetition signed by a num- | re-establish City | | | places where c:iminals or persons ec- cused of public offenses are iraprisoned. 11. To establish, meintafn - 14 regu- and charge, discontinue -and and County jalls, fi’te>n per | prisons and houses of detention, pun- entum of the votes cast at the last|ishment, confinement and reformation, City ard County | 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 year, 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 and to prescribe the quality of the ser- | vice. 15. To impose license taxes and to 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- mi’‘ssioners as provided in this C° .rter. . '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’ imprisopment, 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, arnd not to exceed five hundred dollars in any year for the observance of Memorial Day. \ 19. To appropriate such sums as may be paid into the treasuryfrom fines col- lected on convic ‘on of persons charged 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 convie- tion of any person who may have rom- | mitted a felony ir 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 -ewerage. 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 Jahorers in the serv- ice of the City and County, and to fix their compensation; provided that elght hours shall be the maximum_hours of labor in any cale-dar day, and that tb | { | minimum wages of two dollars a day. 25. To set apart as a boulevard or laborers shall be mit to | boulevards any street or streets,orpor- | tions of a street or streets, over which there i{s 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 street rallroads, 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 s:xltable 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 appurtenances used by such railways jointly. 29. To convey lands fin 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. all trusts confided County. 31. To transfer from one department | of the City Government vacant and un- used lots of land to another depart- to the City and‘ | b¢ | notwithstandin bond executed to the City and County, with at least two good and sufficient sureties to be approved by the Mayor in a penal sum prescribed by the Su- pervisors, and set forth in such ad- vertisement, conditioned that such bid- der will well and truly observe, fulfill and perform each and all 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 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 gureties on such bond. At the next regular session after the expiration of the time stated in such advertisement up to which such bids will be reczived. 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 applitation 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 succeeding ten years, and five per centum of the gross re- ceipts during the next succeeding ten years. = In accordance wiih the prov: this Charter in relation to bids the Board of P-Llic Works, so ar 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, and the approval of or, and at least ninety days shall in- ions of made to | tervene between the introduction and 30. To provide for the execution of | final passage of any such ordinance. It shall require a vote of five-sixths of all the Supervisors to pass the ordinance g the objections of the | Mayor. If any bid be accepted, the franchise 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. 83. 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. 84. To provide for the purchase Otf property levied upon or under execu- tion in favor of the City and County; but the amount bid on such purchase shall not exceed the amount of judg. ment and costs. | 35. The Supervisors mus sppropriate | annually to the Mayor thirty-six hun- dred dollars as and for a contingent! fund, for which he need furnish no | vouchers Sec. 2. The Supervisors shall consti- tute the Board of Equalization of the City and County. The Clerk of the Su- pervisors shall be Clerk of the Board of Equalization by virtue of his office. Sec. 3. The Board of Supervisors shall appoint from its members a com- mittee consisting of three to be denom- inated Finance Committee, and shall fill all vacancies in the Committee. | The Committee shall investigate the transactions and accounts of all officers | having the collection, custody or dis- | bursement of public money, or having the power to approve, allow, or audit | demands on the treasury; shall have free access to any records, books and papers in all pubiic 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 ar= 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 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 | its proceedings with the names of the | witnesses examined and a substantial | statement of the evidence taken. Tf, | 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 Dolice Officer | shall execute the process and orders of the Committee. Sec. 6. No exclusive franchise or privilege shall be granted for laying pipes, wircs or conduits. Sec. 6. The Board of Supervisors shall have power to grant authority for a term not exceeding twenty-five years to construct and operate street railways upon, or over, or under, the streets or parts of streets of the City and County not reserved for boulevards or carriage driveways, upon the follow- ing conditions and in the following manner and none other: Upon application being made to the Board for any such franchise, it shall by resolution determine whether such franchise or any part thereof should be granted, and at said time shall de- termine on what conditions the same shall be granted additional to those conditions provided in this Chapter. After such determination, it shall cause notice of such application and resolution to be advertised in the offi- cial newspaper of the City and Coun- ty for ten consecutive days. Such ad- vertisement must be completed not less than twenty nor more than thirty days before any further action is taken by the Board on such application. The ad- vertisement must state the character of the franchise sought, the term of its proposed continuance, and the route to be traversed; that sealed bids will be received up to a certain hour on a day to be named in the advertise- ment: and a further statement that no bids will be received of a stated amount, but that all bids must be for | the pavment to the 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 bld a. must be granted upon the express con- dition, in addition to the conditions re- quired by this Charter, and such other Supervisors, that the per centum of the Bross 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 |and that the minimum wag its stationary fixtures upon the public streets, shall become the property of the City and County; and that the the construction of such railway, and continuously thereafter, in each and ev- sum of three thousand dollars. The failure to comply with any ot said conditions shall work an immedi- ate forfeiture of such franchise and the road or track constructed thereunder. There shall be no power in the Super- visors to relieve from such forfeiture or from any of sald conditions. On or before the tenth day of each month af- ter said receipts shall have been earned, the President and Secretary of said railway company shall make and file with the Clerk of the Board of Super- visors a sworn statement of the gross receipts of such railway for the pre- ceding month. In granting any such franchise the Board of Supervisors shall impose such other lawful conditions as it may deem advisable, and must expressly provide that the franchise shall not be renewed | or regranted, and that the Board shall at all times have the power to regulate the rates of fare to be charged by those using, operating, possessing or enjoy- ing the franchise, and that the Finance Committee of the Board shall at all times be permitted to examine and ex- pert their books as to such gross re- ceipts. All moneys received for such | franchises and in payment of the said per centum shall be credited to the General Fund. Sec. 7. The Sypervisors 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 Jease under the provis- ions of this section shall be in force pi- 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 votés cast at the last preceding election shali have been filed with the Supervisors, asking that said ordinance be submit- ted to the vote of the 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 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. Said petition and submission shall be made in accordance with the provisions of section twenty of Chapter I of this Article. Sec. 8. Al damages claims for 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. D 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 Charter, the Board must determine annually what goods, merchandise, stores, supplies, drugs, subsistence and o.her necessary articles will be needed by the City and County for the ensuing the May- | All contracts for goods, | year, and it shall have no power to purchase or to pay for the same unless 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 certified 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 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 mention sald articles in general and shall stats that the conditions and schedule may be found in the office of the Clerk of the Board of Supervisors: and shall also state that such articles are to be delivered at such times, in such quan- tities, and in such manner, as the Su- pervisors may designate. Any bidder may bid separately for any articls named. The award as to each article shall in all cases be made to the lowest bidder for such article, and where a bid embraces more than one article, the Supervisors shall have the right to ac- cept or reject such bid or the bid for any one or more articles embraced therein. In the case of contracts for subsistence of prisoners the advertise- ment fcr proposals shall specify each | article required, the quality thereof, | the quantity for each person, and tha existing and probable number of per- | sons to be supplied. No article or ar- | ticles provided for in this section shall | have been made in any prison. The | Supvervisors shall require bonds with | sufficient sureties for the faithful per- | formance of every contract. The Clerk | of the Supervisqrs shall furnish print- ed blanks for all such proposals, con- tracts and honds. | All bids shall be sealed and delivered | by the bidder to the Clerk of the Su- | pervisors, and opened by the Board at |an hour and place to be stated in the | advertisement for proposals, in ° ths | presence of all bidders who attend, and | the bidders may inspect the bids. AIZ |bids with alterations or erasures | therein shall be rejected. All articles i | | | conditions as may be prescribed by the | S0 supplied shall be subject 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 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, es of labor- the contractor in the contract shall be two Any contract for work ers employed by | execution of his | dollars a day. < ity Coun- grantees will, within one hundred days | to be performed for the City and 4‘ after the date of such grant, commen’ce ty which does not comply with the pro- fons of this section shall be null and v flicer who shall sign the void, and any o | ery month until the completion thereof, | same shall be deemed guilty of misfea- Wz(pend in such construction at least - | the | sance and upon proof of such misfea- | sance shall he removea from office. Sec. 2. All contracts for official ad- | vertising shall be let annually in like | manner by the Supervisors to the low- | est responsible bidder publishing a daily newspaper In the City and Coun- |ty which has a bona fide daily circula- tion of at least elght thousand copies, |and has been in existence at the time of letting such contract for at least two vears. In inviting proposals there- for, such advertising shall not be clas- sified and no proposal shall be acted upon which offers to do such adverts- ing at different rates fo- different por- | tions thereof. Such advertising shall be eonstruea to mean the advertising and publica- | tion of all official reports, orders, ordl- nances, messages, resolutions. notices inviting proposals and all notices of every nature relating to City work. No part or kind of such advertising shall be charged or contracted for at a hizh. er rate than any other part or kind of the same is charged or contracted for. except in the case of the delinquent tax st. & The newspaper to which the award of such advertising is made shall be known and designated as the “official newspaper.” | The advertising of the delinquent | tax st 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 Snoervisars. Sec. 3. The Clerk of the Supervisors shall annually, under th. direction of the Supervisors, advertise for pro- posals for supplylng the various departments, officer: nd oTces pf 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 be separate from thoee 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 enumerats | the various letter heads, tax bills. tax | receipts, court notices, and all blanks, | 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 concurrence of two members of the |from and after the expiraticn of thirty | courts of the City and County. Committee shall be deemed sufficient. | days from the date of its signature by | The Committee shall keep a record of | the Mayor, or from and after the ex 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 perfod, | and the amount cf the bond that will bs required as s>curity for the perform- ance of tke contract. No stationery furnished to any offi- cer or department shall contain the | name or names of the officer or offi- | cers constituting the head of the de- partment or board. The contract or contracts must be made with the low- | est bidder offering adequate security, | quantity and quality being considered. | The Clerk of the Supervisors shall have rooms in the 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 detall, | charging himsel’ with all goods re- ceived, and crediting himself with the goods delivered uppn 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 ald 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 w° - zhall 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 knowinglv accept ma- terials or supplics 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- celpt of a greater amo :nt or different