The San Francisco Call. Newspaper, April 19, 1898, Page 16

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. e m——————— tween the value of said lot In its en- tiret v and its value as reduced in size he appropriation of a part thereof d public use. The expense of the improvement shall include the value of the land t n, with the improve- ments, if any, thereon, and the expense of the proceedings for its appropriation emnation. On the day named in said nd upon such other days as the matter may be continued to, from time rd shall proceed to 1o sev parcels of land nec- to be taken for the purpose of Such value rdently of any ap- hat may be owners thereior. also assess the bene- hich may result Jated improvement ithin said district, and ibute the total value of all and improvements taken, to- with the damages, if any, cd by said improvement to the ad- icent nd the estimated cost 1 f said improvement, in sessme lot of land within the dis- ned to be affected by said \ent in proportion to the ben- efits which the Board shall determine i1l be received by said lots and lands. Sec. The meetin of the Board, 1 engaged In making said valua- and assessment, shall be public held at the office of the Board, and i s n valua- all persons interested in such val tion and as ent shall have the right to be p nt and be heard in person or by counsel All persons vement, or that r, are required to flle with and said be authenticated and recorded in ments for Condem- ma facie d regularity of all wid Board and of r to the date of n determining the valuation rty which is taken for said £ the prop e shall in its re- improverr i of each lot lowed for the » of the owner of each (amd if unknown, that ited), and the name of to any inter- ng the assess- aid improve- set forth in the hall appropriate head- each lot d against hom sald cription it 2 T d upon the next rec ssment Book of the City and , the owner thereof, if known (and if unknown, that fact shall ), and the total amount of the f said improvement. 12. Upon the completion of said ion and asse nt, the Board cause to be published for ten days ce of the completion of said as- ment and valuation, notifying all therein to examine the same; that purpose said assessment, and map hall be opened c inspection at for thirty days ation of said no- after the first publi During said period of thirty but not thereafter, the Board alter, change or modify said as- Upon the expiration of said ty days it shall complete the same in the form of a report and schedule, embracing the value of the lands taken and the ument of said value, to- gether with the expense of the im- provement, as hereinbefore provided, upon the several lots of land embraced within the aforesaid.district. Said re- port and schedule shall, within sixty days after the first publication of the last mentioned notice, be filed in the office of the County Clerk, together with a petition signed by the President of said Board, to the Superior Court, g for a judgment of said Court g the assessment contained the respective lots therein d: bed as assessed, and for the condemnation and conveyance to the City and County, upon the payment | of the v.lue thereof as ascertained by | said report, of each of the lots of land | alleged in said petition to be necessary | to be taken for said improvement. Sec. 13. On filing such petition, and upon application to said Court, the Presiding Judge thereof shall appoint some day, not less than ten nor more than thirty days thereafter, as the time when any objections to the con- firmation of said report will be heard by said Court. The Clerk of said Court shall thereupon cause to be published for ten days in the official newspaper, a notice of the filing of said report and of the day assigned for the hearing of ctions that may be made there- Any party interested therein may at any time before the day assigned for the aring thereof file in said Court his objections in writing to the confirm- ation of the same, specifying his objec- tions; and all objections not specified shall be deemed waived. Upon the day fixed in said order said Court shall pro- ceed to the hearing of any objections that may have been filed to the con- firmation of said report. Upon proof of publication of said notice said Court shall have and take jurisdiction of said report and of the subject matter thereof a special proceeding; and upon said day and at any other time or times to which said hearing may be adjo d may hear the allegations of rties and proofs adduced in sup- port of the same, and may confirm said report, or change, alter or modify the | game, or « the same to be changed, altered or modified by said Board. Said judgment of confirmation shall be a upon each lot of land described in vt for the amount assessed against the same, and shall provide for the conveyance to the City and County of each and every of the lots of land eclared necessary for the purpose of t, upon the payment of lue thereof as fixed by such judgment. Said lien shall remain in force until sald assessment is paid or legally discharged. Sec. 14, Any person who has filed objections to the confirmation of said report may appeal from said judgment to the Supreme Court at any time with- in thirty days after the entry of such Judgment. The amount of the under- taking on such appeal shall be fixed by sald Presiding Judge, and such under- taking shall be made payable to the City and County. For the purposes of such appeal the judgment roll of the proceadings in the Superior Court shall con of the report, objections, judg- ment and bill of exceptions, or so much thereof as may be necessary to deter- mine said appeal. If said judgment be q modified the Superior Court such proceedings as will ssment and valuation to be made in accordance with the de- clsion of the Supreme Court. The City ey shall act as the attorney for d of Public Works in proceed- nder this Chapter. After the confirmation of if the time for appealing »xpired, or If an appeal has been £ d the judgment appealed from has been affirmed, unon the application of the Poard of Public Works the Clerk of the Superior Court shall issue a cer- tificate to that effect to sald Board; and said assessment shall then be re- corded in the Book of Assessments for Condemnation kept for that purpose, cord thereof signed by the d Secretary of said Board. shall then deliver to the lector the assessment so con- firmed and recorded, together with said t upon each | in the lands to | Uescription of | vidence | ypriate head- | | certificate of sald Clerk, and a warrant | to the Tax Collector directing him to | collect the said assessment. The Tax | Collector shall, if any part of said as- ses 2t is not paid within twenty days after said assessment, certificate and warrant shall have been delivered to him, give notice in the official news- paper by ten days’ publication therein that he will, on a day and time certain, to be not more than ten days after the expiration of said publication, sell such of the lots of land on which the assess- ment thereon remains unpaid, describ- ing each of said lots so delinquent, to- gether with the amount of the assess- ment and costs due on each, and shall include as part of said costs five per ! centum on the amount due on each as- | sessment so delinquent, as and for the expenses of said sale. He shall there- upon sell such lots pursuant to such notice. Redemption may be made from | such sale within the time and in the | manner and on the terms as on sales made under execution as provided in | the Code of Civil Procedure of this State. 1f any amount remain | in the hands of the Tax Collector | as a result of the collection of said as- | sessment beyond that necessary to make the compensation provided for in the next succeeding section, and to pay the necessary expenses of said sale, such surplus shall be paid by him pro- portionately to those whose land has been sold as aforesaid. | Sec. 16. Upon the report of the Tax | Collector to the Supervisors that the |amount of sald assessment has been | collected and paid into the treasury, | the Supervisors shall order to be pald | out of the treasury the sums fixed in said judgment as the compensation for | the lands to be taken for said improve- relative to sewerage or drainage, upon the amount of damage to be paid to such owners for the purpose of such improvement and for the perpetual use of said real estate for said purpose. Sec. 8. The Board may, when au- thorized by ordinance of the Supervis- ors passed by not less than fourteeen affirmative votes, construct such sew- ers, reservoirs and pumping works as may be necessary to carry out the gen- eral system of sewerage for the City and County. Sec. 9. When, upon the recommenda- tion of the Board of Public Works, the Supervisors shall determine upon any improvement for the purpose of sewer- age and drainage which necessitates the acquisition or condemnation of pri- vate property, and the Board is unable to agree with the owner thereof, upon the amount of compensation or dam- ages to be paid therefor, or when such owner is in any way incapable of mak- ing any agreement in reference thereto, and in all cases in which the Board shall deem it most expedient, it shall, when authorized by the Supervisors ex- pressed by ordinance, have the right to cause said property to be condemned, and to institute proceedings for the condemnation of such property, or for the ascertainment of such damages in the manner, so far as may be applica- ble, which is provided in this Article for the condemnation of real estate when necessary for the opening of any new street. CHAPTER V. Harbors and Wharves. SECTION 1. All the Wharves, Water Front and Harbor of San Francisco which now belong or may hereafter be- | ment; and upon the delivery to the Treasurer by any person entitled to re- | | ceive compensation for any lot of land | | so taken, of a conveyance of said lot of land to the City and County, ap- proved by the City Attorney, and a | certificate from the City Attorney that | such person is entitled to the compen~ sation for the lands described in said conveyance, the Treasurer shall pay to said person the amount awarded for said lot by said judgment of condemna- | tion, after the demand therefor has been audited by the Auditor. | Sec. 17. If the owner of any of said lots or sub-divisions neglect or refuse for ten days to make and deliver such conveyance, or be unable by reason of Incapacity to make a good and suffi- clent conveyance thereof to the City and County, or if the City Attorney | shall certify that the title to any of said lots is in dispute or uncertain, or | that there are conflicting claimants to the amount awarded as compensation therefor, or to any part thereof, a war- rant upon the treasury for the payment | of the amount so awarded shall be by | order of the Supervisors drawn by the President and Secretary of the Board of Public Works, together with a cer- tificate of the Treasurer indorsed thereon that the said warrant has been registered by him and that there ars funds in the treasury set apart to pay the same, shall be deposited with the County Clerk; and thereupon, upon a petition to said presiding Judge by the President ofthesald Board, setting forth said facts, said Judge shall issue an order ex parte directing the Sheriff to place said Board in the possession of sald land. Sec. 18. At any time thereafter any claimant to said award, or any part thereof, may file his petition in said Superior Court against all parties in interest for an adjudication of all con- flicting claims to the same, or for an order that the same be pald to him, and thereupon such proceedings shall be had thereon as may be agreeable to law and equity. Upon entry of final judgment in such proceeding, the County Clerk shall, after said demand | has been audited by the Auditor, col- lect the warrant and pay the proceeds to the person or persons named in said Jjudgment as entitled thereto. It shall be provided in said judgment that be- fore receiving the proceeds of said war- | rant sald party, or some one author- ized in his behalf, shall make and ex- ecute to said City and County and de- | liver to the County Clerk a sumciont} conveyance of said lot of land. Im- mediately after taking possession of | the land required for said street,. the | Board shall report that fact to the Su- | pervisors. Sec. 19. If any member of the Board be interested in any of the land to be | taken or’ assessed for such improve- | ment, the Mayor shall appoint, for the | purpose of making the said assess- ment and valuation only, some compe- | tent person to act as one of the Com- missioners therefor, who shall possess the same qualifications as are provided | for said Commissioners, and who, be- | fore entering upon his dutles, shall take the oath of office required of said | Commissioners, and enter into a bond | for such amount as may be fixed by the | Supervisors. Bec. 20. The Supervisors may, on the | ‘wrmen recommendation of the Board | of Public Works, change the grade of | any street or street crossing in the | manner and to the grade set out la such recommendation; but no grade shall be changed unless the same pro- ceedings are taken by way of provid- | Ing compensation to those who may suffer damage by such chahge of grade, so far as such proceedings may be applicable, as are herelnbefore pro- vided in the matter of opening, straightening, widening and extending streets; and where such proceedin are not applicable they may be sup- plemented by ordinance of the Super- visors. CHAPTER IV. Sewers and Drainage. SECTION 1. The Board of Public! | Works shall devise a general system | of drainage, which shall embrace all | matters relative to the thorough, sys- l | tematic and effectual drainage of the City and County, and shall from time to time make to the Supervisors such | recommendations upon the subject of | sewerage and drainage as it may deem | | proper., | Sec. 2. The Board shall prescribe the | | location, form and material to be used | In the construction, reconstruction and | repairing of all public sewers, man- | holes, sinks, drains, cesspools, and all | other appurtenances belonging to the drainage system, and of every private drain or sewer emptying into a public sewer, and determine the place and manner of the connection. Sec. 3. The Board shall recommend to the Supervisors rules and regula- tions concerning the public and private | sewers and drains in the City and County, and upon recommendation of sald Board, the Supervisors are author- ized to pass an ordinance establishing the same and prescribing the penalties for any violation thereof. Sec. 4. No person shall connect with, Or open or penetrate any, public sewer or drain without first obtaining a per- mit in writing from said Board, and complying with the rules and regula- tions of the Board In reference thereto. Sec. 5. The Board may also recom- | mend to the Supervisors the construc- tion of such canals, sewers, tunnels, ditches, drains, embankments, reser- voirs, pumping works, machinery and other works necessary for the proper and effectual drainage of the City and County, together with plans for con- hecting the same with sewers and pri- Vate drains already constructed or thereafter to be constructed. Sec. 6. The Supervizors may, upon the re:ommendation of the Board of Public Works, by ordinance passed by not less than fourteen afirmative votes, authorize the purchase of any personal property or the acquisition by purchase or condemnation of any real estate which may be necessary for the con- struction of any sewer or the making of any improvement provided for in this Chapter. Sec. 7. The Board may, with the like approval of the Supervisors, agree with | | | | | | | missed from the long to the City and County, or over which it may at any time lawfully ex- ercise jurisaiction and control. shall be under the management and control of the Supervisors. All said wharves shall be built and repaired by the Board of Public Works, after proceedings had as provided in this Article for the im- provement or repair of public build- ings. Sec. 2. The Supervisors shall by ordi- nance fix and regulate the tolls for wharfage and dockage, and shall pro- vide for the collection of the same, ex- cept where the wharves are under the jurisdiction of the Board of State Har- bor Commissioners, or may provide that no charges, tolls, dockage or wharfage be imposed or collected. The Supervisors shall not have power to dispose of any wharf, but they may lease any wharf for a term not exceed- ing two years. e ARTICLE VIIL PUBLIC SCHOOLS AND LIBRA- RIES. CHAPTER I. The Doard of Education. SECTION 1. The School Department shall be under the control and manage- ment of a Board of Education com- posed of four School Directors, who shall be appointed by the Mayor, and who shall give their entire time to the duties of their office. They shall each receive an annual salary of three thou- sand dollars. They shall not be less than thirty years of age and must have been residents of the City and County for at least five years prior to their ap- pointment. The Board shall never be so constituted as to consist of more than two members of the same politi- cal party. The term of office of the Di- rectors shall be four years. Those first appointed shall so classify themselves by lot that they shall respectively go out of office at the expiration of one, two, three and four years. Sec. 2. The 3oard shall organize by | electing one of its number President, who shall serve for one year and until his successor is elected. The Board may elect a Secretary who shall not be a member of the Board, and who shall receive an annual salary of eighteen hundred dollars. Sec. 3. The Board shall meet at least once a week and at such other times as it may determine. It shall establish rules for its proceedings; but the con- current vote of the majority of its members shall be necessary to transact | business. In every instance where a power is exercised under this Article by the Board the vote thereon shall be taken by ayes and noes and entered in | the minutes of the Board. CHAPTER IL Schools. SECTION 1. The School Department shall comprise all the public schools of the City and County and shall include primary and grammar schools and may include evening, deportment, technical, | cosmopolitan, high and normal schools. Sec. 2. Adults shall be entitled to free instruction in the evening schools; but no child under fourteen years of age shall be admitted to such schools. CHAPTER IIIL Powers of the Board of Education. SECTION 1. In addition to the powers conferred by the general laws of the State, the Board of Education shall have power: 1. To establish and maintain public schools as provided in this Article, and o change, modify, consolidate or dis- continue the same as the public wel- fare may require. 2. To employ such teachers and per- sons as may be necessary to carry into effect its powers and duties; to fix, alter and approve their salaries and compensation, and to withhold for good and sufficient cause the whole or any part of the wages, salary or compensa- tion of any person or persons employed as aforesaid; and to promote, transfer and dismiss teachers; but no teacher in the department at the time of the adoption of this Charter, or who shall be hereafter apvointed, shall be dis- department, except immoral or unpro- for insubordination, | fessional conduct, or evident unfitness for teaching. All promotions of teachers shall be based solely on merit and suc- cessful teaching. Nothing in this sec- | tion shall be construed to prevent the Board from removing teachers holding only special certificates or serving a probationary term. Charges against teachers must be formally made by the Superintendent after due investigation, and shall be finally passed upon by the Board after giving the accused teacher due hearing. 3. To grant, to renew and, for the causes mentioned in section one, sub- division two, of this Chapter, to re- voke, teachers’ certificates. - 4. To establish and enforce all nec- essary rules and regulations for the government and efficlency of the schools and for carrying into effect the school system; to remedy truancy; to compel the attendance at school of children between the ages of six and fourteen years who may be found idle in public places during school hours. To investigate charges against any person connected with or in the employ of the School Department, and to take testimony in such Investiga- tions. 6. To receive, to take on lease and to hold in trust for the City and County any real estate belonging to or claimea by the Schocl Department. To hold in trust all personal property that may have been or may hereafter be ac- quired by the School Department. On orybefore the first day in April in each year, to appoint School Censug Marshals, and notify the Superintend- ent of Common* +hocls of such appoint- ments. Any Census Marshal found in- competent may be discharged by the Superintendent of Common Schools, Snould the Board fail or neglect te fill the vacancy so.caused withinthreedays thereafter by the appointment of a per- soun competent to perforin the duties of the owners of any real estate, upon which it is deemed desirable to con. | struct any sewer or other improvement €ensus Marshal, such vacancy may be led by the Superintendent of Com- ion Schools. 8. To sue in the name of the City and County for lots, lands and property be- longing to or claimed by the Schocl Department. To prosecute and defend all actions at law or special proceedings or suits in equity conce ming the enjoy - ment and possession cf such lots, lands and property. To require the services of the City Attornay in all actions, suits and proceedings by or against the Board of Education. 9. To establish regulations for the disbursement of all moneys belonging to the School Department or to the Common School Fund, and to secure strict accountability in the expenditure thereof; to provide for the prompt pay- ment, on not later than the fifth day of every month, of all salaries due and al- lowed officers, teachers and other em- ployees of the School Department. For this purpose the Auditor shall annually segregate so much of the Common School Fund as shall not exceed twen- ty-eight dollars for each pupil in av- erage daily attendance in the Public Schools of the City and County during the preceding fiscal year. The amount S0 segregated shall not be applied to the payment of any demand against such Common School Fund during any fiscal year other than for salaries, until all salaries for that fiscal year have been fully paid or provided for. The Board shall ascertain and transmit to the Au- ditor on or before the first Monday in April of each year an estimate of the amount required for such segregation lwltmn such limit of twenty-eight dol- lars, 10. All demands payable out of the Common School Fund shall be filed with the Secretary of the Board of Ed- ucation, and after they have been ap- proved by the Board, they shall be signed by the President of the Board and the Superintendent and sent to the Auditor. Every demand shall have en- dorsed upon it a certificate, signed by the Secretary, of its approval by the Board of Education, showing the date thereof, and the law authoriz- ing it by title, date and section. Every person in the employ of the School Department entitled to a salary therefrom shall receive a warrant for the amount due and ap- proved by the Board, signed by the President and Secretary thereof. The entire monthly salary roll of the De- partment shall be made up by the Sec- retary of the Board, and after being duly audited by the Finance Committee thereof and approved by a majority of all the members of the Board, shall be endorsed in the same manner as other demands. The salary roll so audited, approved and endorsed, shall be imme- diately transmitted to the Auditor not later than the third day of every month for comparison with the individual sal- ary warrants issued in the manner above provided; but payments shall be made only on the individual warrants issued in accordance herewith. 11. To lease to the highest responsi- ble bidder, for the benefit of tL. Com- mon School Fund, for a term not ex- ceeding twenty years, any real property of the School Department not required | for school purposes; but no lease shall | be made except after advertisement for | bids for at least fifteen days in the offi- | clal newspaper and by an affirmative vote of at least three members of the | Board approved by an ordinance of the | Supervisors. 12. To receive and manage property | or money acquired by bequest or dona- | tion in trust for the benefit of any | school, educational purpose or school library; to carry into effect the terms | of any bequest not in conflict with the | general laws or this Charter; and to sell such personal property | longer be required for u:: in the schools. All moneys realized by such sales shall be at once paid into the treasury to the credit of the Common School Fund. Sec. 2. The Board shall annually, be- fore the first day of May, make a list of supplies estimated to be required by the School Department for the ensuing fis- cal year, stating in clear and explicit | terms the quantity and kind of articles needed and how and when they shall be delivered, and shall invite proposals for furnishing the same by advertising therefor for at least ten days In the official newspaper. The provisions of Article IT, Chapter IIT, of this Charter, in regard to the ad- vertising for proposals, the affidavit and security accompanying the same, the presentation and opening of propo- sals, the awarding of contracts and the | security for the performance thereof, shall, so far as the same can be made applicable, apply to all proposals and contracts made, awarded or into for furnishing supplies to the School Department. Any contract made Article shall be vold. | Sec. 3. The Board shall, during each | vear, transmit to the Supervisors a re- port in writing for the preceding fiscal year, stating the number of schools within its jurisdiction, the length of time they have been kept open, the number of pupils tausht in each school, the average daily attendance of pu- plls in all the public schools, the number, names and salaries of teach- ers, the dates of their appointments and the character of the certificates held by them, the amount of money drawn from the treasury by the De- partment during the year, distinguish- ing the State fund from all others, the purpose for which such money has been expended, with particulars, and such other information as may be required by the State Superintendent, the Super- visors or the Mayor. Sec. 4. The Board shall, between the first and twenty-first days of May of each year, adopt a schedule of salaries for the next ensuing fiscal year for teachers and all employees of the School Department. CHAPTER IV. Buperintendent of Schools. SECTION 1. The Superintendent of Common Schools of the City and Coun- ty shall be by virtue of his office a member of the Board of Education, without the right to vote. He shall re- ceive an annual salary of four thousand dollars. Sec. 2. The Superintendent shall ap- point four Deputy Superintendents. The number of such deputies shall not be Incréased until the average daily at- tendance shall have reached forty-five thousand, when the Superintendent shall appoint one additional deputy, and thereafter he shall appoint one deputy for each additional eight thousand . hildren in average dally attendance. if from any cause a vacancy occurs in the office of Deputy Superintendent, such vacancy shall be filled by the Superintendent. Sec. 3. Of the Deputy Superin- tendents first appointed, the Superin- tendent shall appoint two for two years and two for four years. All Deputy Superintendents subsequently appointed shall hold office for four years. Sec. 4. Such deputies must have had at least ten years’' successful experi- ence as teachers, and shall have been residents of the City and County at least five years preceding thelr ap- pointment. Sec. 5. In addition to the dutles im- posed by the general laws of the State, it shall be the duty of the Superin- tendent: 1. To observe and enforce all rules and regulations of the Board of Educa- tion and to see that no religious or sec- tarian books or teachings are allowed in the schools. 2. To report to the Board of Educa- tion annually, on or before the twen- tieth day of August, and at such other times as the Board may require, all matters pertaining to the condition and progress of the public schools of the City and County during the fiscal year, with such recommendations as he may deem proper. 3. To inform the Board of the con- dition of the schools, schoolhouses and of other matters conneccted therewith, and to recommend such measures as he may deem necessary for the ad- vancement of educatifon in the City and County, and for the care and improve- 1 as shall no| entered | In violation of any provision of this| ment of the property of the School De- partment. 4. To visit and examine with the as- sistance of his deputies all the schools at least twice a year and determine their standing and classification. To recommend rules for the promotion of puplls from grade to grade, from atl&oolh to scgool, nndrtor tlllle transfer and the aduation of pupils. 5. To ?e-commend to the Board the courses of studies; the text-books and books for supplementary use in the public schools and the purchase of such apparatus, books, stationery and other class-room supplies as may be required in the schools. 6. To report to the Board once a month upon the standing of schools ex- amined by him and his deputies. Sec. 6. The Superintendent and his deputies shalli constitute the City Board of Examination, and shall have power: 1. To examine applicants, and to prescribe a standard of proficiency, which will entitle the person examined to receive: a. A high school certificate, valid for six years, holder to teach any prirary, gram- County. b. A City certificate, grammar grade, valid for six years, which shall authorize the holder to teach any primary or grammar school in the City and County. c. A City certificate, primary grade, valid for two years, which shall au- thorize the holder to teach any primary school in the City and County. They shall report the result of the examina- tion to the Board of Education, and the Board shall thereupon issue to the successful candidates the certificates to which they shall be entitled. 2. To recommend applicants for special certificates valid for a period not to exceed six years. upon such special studies as may be authorized by the Board of Education. | 3. For immoral or unprofessional conduct, profanity, intemperance, or | evident unfitness for teaching, to recommend to the Board of Education the revocation of any certificates pre- viously granted by the Board. 4. To recommend the granting of City certificates and the renewal thereof, in the manner provided for the granting and renewal of County cer- tificates by County Boards of Educa- tion in section seventeen hundred and seventy-five of the Political Code. CHAPTER V. School Tax Levy. SECTION 1. The Board of Education shall, on or before the first Monday of April in each year, report to the Super- fiscal year for the purpose of meeting the current annual expenses of public instruction in the City and County, specifying the amount required for sup- plies to be furnished pupils, including text books for indigent children; for purchasing and procuring sites; for leasing rooms or erecting buildings; for furnishing, fitting up, altering, enlarg- ing and repairing buildings; for the support of schools organized since the last annual apportionment; for the sal- ary of the School Directors, Superinten- dent, Deputy Superintendents, and all other persons employed in the School Department, and for other expenditures | necessary for the administration of the | Public School System; but the aggre- ‘gate amount so reported for any one | | | | year shall not exceed the sum of thirty- | two dollars and fifty cents for each pu- | pil, who in the fiscal year immediately | prior thereto actually attended the schools entitled to participate in the apportionment thereof. Sec. 2. The Supervisors at the time |and in the manner of levying and col- lecting other city and county taxes | shall levy and cause to be collected for | the Common School Fund a tax which, |added to the regular revenue derived ceed thirty-two dollars and fifty cents for each pupil in attendance during the preceding fiscal year, as ascertained and reported by the Board of Educa- tion. Sec. 3. In case of extreme emergency or great calamity, such as disaster from | approval of the Mayor and Supervisors, |incur extraordinary expenditures in ex- cess of the annual limit provided for in this Charter, for the repair and con- struction and furnishing of school houses in place of those so injured or | destroyed. The Supervisors may, by ordinance, cause to be transferred to the Common School Fund, from moneys in any fund not otherwise appropriated, | sufficient money to liquidate such ex: | penditures, and provide for the same in | the next tax levy of the City and Coun. ty. CEAPTER VI School Houses and Lots. SECTION 1. When any locality in the City and County is unprovided with sufficient school accommodations, the Board of Education may, by reso- lution, make a requisition upon the Board of Public Works for plans and specifications and estimates for a new school house, specifying the number of class rooms needed, the location of the proposed school house, the date on which it should be completed, amount of money in the School Fund available for the purpose, and such other information as will enable the Board of Public Works to prepare the necessary plans, specifications and esti- mates of cost for such school house. If such plans, specifications and esti- mates are approved by the Board of Education, they shall be endorsed “Approved,” with the date of such ap- proval, by the President and Secretary thereof, and returned to the Board of Public Works, which shall proceed without delay to have such school house constructed and completed in ac- cordance therewith. When such school house Is complet- ed, the Board of Public Works shall notify the Board of Education to ex- amine the same, and if it has been built in accordance with the plans and specifications and within the estimated | cost thereof, the Board of Education shall accept and take possession of it. fec. 2. When an-- school house, build- ing, fence or other property belonging to, or connected with, or under the control of, the Board of Education, needs repalring, altering or improv- ing, the Board shall notify the Board of Public Works, specifying in general terms the work to be done. The Board of Public Works shall cause the same to be done forth- with, if the cost thereof shall not ex- ceed two hundred and fifty dollars; otherwise the Board of Publlc Works shall submit plans, specifications and estimates of cost to the Board of Edu- cation for its approval, and if approved as provided in section one of this Chap- ter, the Board of Public Works shall cause the same to be done, and if done in-accordance with the plans and speci- fications, and within such estimate, the same shall be accepted and shall be paid for out of the Common School Fund. Sec. 3. When it is necessary to pur- chase a lot for the use of the School Department, the price paid for such lot shall not exceed the market value of adjacent property of equal size and similarly situated. Any school build- ing hereafter constructed shall have a clear space of at least ten feet around the same. CBA—P;ETVII. Public Library and Reading Rooms. SECTION 1. The Public Library and Reading Rooms of the City and County shall be under the management of a Board of twelve Trustees, one of whom shall be the Mayor of the City and Coun- ty, who shall be a member of the Board by virtue of his office. The Board of Trustees of said Library and Reading Rooms in office at the time this Char- which shall authorize the | mar, or high school in the City and | visors an estimate of the amount which | shall be required during the ensuing | from other sources, shall produce an | amount of money which shall not ex- | fire, riot, earthquake or public enemy, | | the Board of Education may, with the | the | | ter shall take effect shall continue to constitute the Board of Trustees of said Public Library and Reading | Rooms; and all vacancies therein shall | be filled by said Board. None of said | Trustees shall receive any compensa- | tion for his services. | Sec. 2. The Supervisors shall, for 1‘the purpose of maintaining such | Library and Reading llooms and | such branches thereof as the Board of | Library Trustees may from time tc | time establish, and for purchasing ! books, journals and periodicals, and for . purchasing or leasing real and —~ersonal | property, and for constructing such | buildings as may be necessary, an- !nually levy a tax on all property in | the City and County not exempt from | taxation which shall not be less than ! one and one-half cents nor more than | two and one-half cents upon each one hundred dollars assessed valuation of said property. The proceeds of said tax shall be credited to .the Library Fund. Sec. 3. All revenue from such tax, | together with all money or property | dertved by gift, devise, bequest or otherwise, for the purpose of the Li- | brary, shall be paid into the treasury and be designated as the Library Fund and be applied to the purposes herein authorized. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise or bequest, the Board shall provide for the safety and pres- ervation of the same and the applica- tion thereof to the use of the Library and Reading Rooms, 121 accordance with the terms and conditions of such gift, devise or bequest. Sec. 4. The title to all property, real and personal now owned or hereafter acquired by purchase, gift, devise, be- quest or otherwise, for the purpose of the Library and Reading Rooms, when not inconsistent with the terms of its acquisition, shall vest in the City and County, and in the name of the City and County may be sued for and de- fended by action at law or otherwise. Sec. 5. The Board shall take charge of the Public Library and Reading Rooms, and the branches thereof, and “of all real and personal property there- unto belonging, or that may be ac- quired by loan, purchase, gift, devise or otherwise, when not {inconsistent with the terms and conditions of the gift, devise or bequest. It shall meet for business purposes at least once a month, and at such other times as it may appoint in a place to be provided for the purpose. A majority of the Board shall constitute a quorum for the transaction of business. It shall elect one of its number President, who shall serve for one year and until his successor is elected, and shall elect a Librarian and Secretary and such as- sistants as may be necessary. The Secretary shall keep a full account of all property. mon-*, receipts and ex- pend’tures and a record of all its pro- | ceedings. Sec. 6. The Board, by a majority vote of all its members to be recorded in its minutes with the ayes and noes, shall have power: 1. To make and enforce all rules, regulations and by-laws necessary for the administration, government and protection of the Library and Reading Rooms and branches thereof, and all property belonging thereto, may be loaned thereto. 2. To administer any trust declared | or created for such Library and Read- ing Rcoms and branches thereof, and provide memorial tablets and niches to | perpetuate the memory of those per- | sons who may make valuable donations thereto. 3. To define the powers and pre- scribe the duties of all officers; deter- mine the number of and elect all nec- essary subordinate officers and assist- | ants, and for good and sufficient cause | to remove any officer or assistant. 4. To purchase books, journals, pub- lications and other persenal property, 5. To order the drawing and pay- ment uvon vouchers, certified by the President and Secretary, of money from the Library Fund for any liability or authorized expenditure. 6. To fix the salaries of the Librarian and Secretary and their assistants; and, with the approval of the Super- visors, expressed by ordinance. to erect and equip such building or buildings, | Toom or rooms, ‘as may be necessary fer the Library and Reading Rooms and branches thereof. 7. To establish such branches of tha Library and Reading Rooms as the growth of the City and County may from time to time demand. | Sec. 8. The Supervisors shall have | power to appropriate and authorize | the use, either in whole or in part, of | any real estate belonging to the City and County, for the purpose of erect- ing and maintaining a building or buildings thereon to be used for the Library and TReading Rooms, or branches thereof, and may appropriate the whole or any portion of any publie building belonging to the City and County for such use. —_—— ARTICLE VIIL YOLICE DEPARTMENT. CHAPTER I Orgufltion. SECTION 1. The Police Department shall consist of a Board of Police Com- missioners, a Chief of Police, a Police Force, and of such clerks and em- ployes as shall be necessary to carry into effect the provisions of this Agticle. ec. 2. All members of the Police De- partment shall hold office during gE:d "behavior, subject to the provisions hertellnntter set forth relating to pro- motions, suspensions, dismi disratements. S and Sec. 3. No person shall become a member of the Department unless he shall be a citizen of the United States, of good character for honesty and so- briety, able to read and write the Eng- lish language, and a resident of the City and County for at least five years next preceding his appointment. Every appointee to the Department sball not be less than twenty-one nor more than thirty-five years of age, must possess the physical qualifications required for recruits of the United States Army, and before his appoint- ment must pass a satisfactory medical examination under such rules and regulations as may be prescribed by the Board of Police Commissioners. In making appointments of members of the Department, the Board shall never regard the political or religious preferences or afiiliations o; - didate. e | CHAPTER II. Police Commissioners. SECTION 1. The Police Department shall be under the managem’ém of a Board of Police Commissioners consist- ing of four members WRo shall be ap: pointed by the Mayor, and each o Whom shall receive an annual salary of twelve hundred dollars. No person shall be appointed such Commissioner | Who shall not have been an elector of the City and County for at least five years next preceding his appointment. Sec. 2. The Board shall never be so constituted as to consist of more than two members of the same political party. The term of office of the Com- missjoners shall be four years. Those first appointed shall so classify them- selves by lot that they shall respec- tively go out of office at the expiration of one, two, three and four years. Sec. 3. The Commissioners shall be successors in : office of the Police Commissioners holding office in the City and County at the time this Charter shall go into effect by virtue of appointment under any statute or law of this State. Sec. 4. The Police Commissioners shall organize by electing one of their number President, who shall hold such office for one year. The Board shall appoint a Secretary, who shall receive an annual salary of fifteen hundred | dollars. or that| The sessions of the Board] shall be public, except that executive sessions may be held whenever deemeq proper by the Board. The Board shall meet at least once a week in the rooms of the Police Department, or in case of public emergency at such place as the Board may select. The Secretary must keep minutes of its proceedings; and in every case where a power is exer- cised by the Board under this Articl the ayes and noes thereon shall be u, tered therein. CEAPTER IIT Powers of the Board. SECTION 1. The Board of Police Commissioners shall have power: 1. To appoint, promote, suspend, dis- rate or dismiss any member of the De- partment in the manner hereinafter provided. 2. To prescribe rules and regulations for the government, discipline, equip- ment and uniform of the Department, and from time to time to alter or re- peal the same, and to prescribe penal- | ties for the violations of any of such rules and regulations. All such rules and regulations must be reasonable. 3. To grant permits to any person desiring to engage in the sale of liquor in less quantity than one quart, and to grant permits to any person engaged in the business of selling liquor to be drunk on the premises, and to revoke any such permit when it shall appear to the Board that the business of tha person to whom such permit was given is conducted in a disorderly or im- proper manner. Without such permit none of such persons shall engage in the business of selling liquor. If the Board refuse to grant such permit, or propose to revoke any permit that has been granted, the person who is re- fused such permit or whose permit it is proposed to revoke, shall be entitled to be heard before the Board In person, or through counsel, and to have, free of charge, all reasonable facilities at the hearing. Such permits shall not be granted for more than three months at one time, and they shall distinctly state the name of the person to whom the same is given, and the description of the premises where such business is to be carried on. Such permits shall at a“’ times be subject to Inspection by any member of the Department. Com- plaints to revoke permits granted by the Board must be in writing, signed by the person making the same and filed with the Secretary of the Board; and a copy thereof certified by the Secretary must be served upon the party complained against at least five days before the time set for the hearing of the complaint. 4. At its discretion, upon the peti- tion of any person, firm or corporation, to appoint, and at pleasure to remove, special police officers. Such officers shall be subject to all the rules and regulations of the Board. 5. To provide for the care, restitu- tion or sale at annual public auction of all unclaimed property that may come into the possession of the Property Clerk, and to direct the destruction of such property as shall consist of im- plements, weapons, property or any other article, matter or thing used in the commission of crime. 6. To appoint Police Matrons for the care of female prisoners and to pro- | vide rules and regulations for the gov- ernment of the same. 7. To appoint a Police Surgeon who 7. shall receive an annual salary of fif- teen hundred dollars. Sec. 2. The President may convene the Board for special meetings. The Secretary of the Board shall be the offi- cial custodian of all records and official documents of the Board. CHAPTER IV. The Chief of Police. SECTION 1. TheChief of Police shall be appointed by the Board of Police Commissio. ers and hold office for the term of four years. He shall re- ceive an annual salary of four thou- sand dollars. He shall have control, management and direction of all mem- bers of the Department in the lawful exercise of his functions, with full power to detail any of them to such public service as he may direct, and with like power to suspend temporarily any member of the Department. In all cases of such suspension, he shall im- mediately report the same to the Board with the reasons therefor in writing. He shall maintain and enforce law ana rigid discipline so as to secure com- plete efficiency of the Department. He shall, subject to the directions and or- ders of the Commissioners, have con- trol of such of the prisons of the City and County as are not by the general law under the control of the Sheriff. Sec. 2. In the suppression of any riot, public tumult, disturbance of ths public peace, or organized resistance against the laws or public authority, the Chief of Police shall, in the lawful exercise of his functions, have all the powers that are now or may be con- ferred on Sheriffs by the laws of the State. Sec. 3. The Chief of Police shall be the chief executive officer of the De- partment. He shall be chargeable with and responsible for the execution of all laws and ordinances and the rules and regulations of the Department. He shall see that the orders and process issued by the Police Court and such other orders and process as may be placed in his hands are promptly exe- cuted, and shall exercise such other powers connected with his office as may be provided for in the general rules d regulations of the Commis- sloner?.‘“ Sec. 4. The Chief of Police shall keep a public office in which he shall have the Statutes of this State and of the United States, and all necessary works on criminal law. In case of his tempo- rary absence some competent member of the Department, by him designated for that purpose, shall be in attendance at all hours of the day and night; and in such case he shall make known to such member of the Department where 8 be found. hes:g.n& The Chief of Police shall d:- tail one or more of the members of :h: Department to attend constantly ond 2 Police Court and to execute its order: and process. He shall detafl at ] pleasure membexg] Mkm:gg:{)'?::“éel;lrk? is Chief Clerk, Assista s, ll\flcrficunimKeepers and Property Cler'k. Saiq Chief Clerk and said Property Clerk shall each receive an annual sal- ary of twenty-four hundred dollars. dec. 6. The Chief of Police may from e (s time disburse such sums for contingent expenses of the Department, in his judgment shall be for the best ?:teresl of the City and County, to be aid out of the contingent fund allowed {‘he Department. The aggregate of all shall not lntany 0‘1’}118 flscnaal Vi ceed the sum of ten ousa ::'lslalgr:x Provision shall be made by the Supervisors for such contingent fund in ;he annual tax levy. The Commission- ers shall allow and order paid out of such contingent fund as contingent ex- | enses of the Police Department, upon | orders signed by the Chief of Police, such amounts as may be required. Sec. 7. The Chief of Police shall pos- sess powers of general police inspection, supervision and control, over all pawn-~ brokers, peddlers, junk-shop keepers, dealers in second-hand merchandise, | auctioneers and intelligence office keep- ers. All persons engaged in said call- ings raust first procure permits from the Commissioners. In the exercise of such power the Chief may by authority in writing from time to time empower members of the Police Department, when in search of property feloniously obtained or in search of suspected of- fenders, or in search of evidence to con- vict any person charged with crime, to examine the books and the premises of any such person. Any such member of the Police Department, when thereunto empowered in writing by the Chief of Police, may examine property alleged to have been pawned, pledged, deposit- ed, lost, strayed or stilen. CHAPTER V. Subordinate Officers. SECTION 1. Subordinate officers of such sums 4