p :$s- 4jr d 1 1=^1 n^m e ^\ (p OFCAllfOP- >f9lHVM?in-"\^ -r p j^/9iMVHflni^ '^n ? NlUSANUtlf^A ^lUBRARYQr CZJ «_3 IIVO-JO'^ 5 i ir^ ^ ^d/OJIlVJ-JO"^ ^ f^ ''^^/SjljAiNri.uV: ^^t'UBRARY•af ^' A-Of-CAIIFO/?^. ^^ ^^•AHVHfin-i^ ^c o >:lOSANCElfj'^ >■ ^UIBRARYQc^ ^tl(BRARY(7/^ g\_V4 r 53 O * '^.JOJnVJJO^ ^OJIIVJ-JO"^ " o 9 ^ ^^JUONVSOi^ %?^3AI^!^•l\^^^ Mf-UNIVERi/ ^ 5 o oF-CAllFO%, ^=^ s; xwmwst,^, t f i § v't' s V ^ ^'• el r-ri ^^ *' |JI If sill I g ^ 3 > \ttt UNtVtKi//>. ^i^.uJSA-NCflfX^^ ^VtlB|?ARY-6>^^ <>^t-llBRARr/; 1 5^1 .a-3wv § i •^ ,^ %; ■?^ -Ui aFCAiiFo;?;^^^ ^.( P 5^lllBRARY(;r, '/OJIIVJJO #. ^: :=C >-> '^UJilVJiU' .H^OFCAUFO/iUj, -^ .^ CHARTER OF THE CITY AND COUNTY OF SAN FRANCISCO PREPARED AND PROPOSED BY THE BOARD OF FREEHOLDERS Elected December 27, 1897, in pursuance of the provisions of Section 8, Article XI, of the Constitution of the State of California. Ratified by Vote of the People, May 26, 1898. Approved by the Legislature of the State, January 2G, 1899, In full Force and Effect, January 8, 1900. With Amendments adopted at Special Election, December 4, 1902, (in effect February 5, 1903). Amendments adopted November 5, 1907 (in effect November 22 and November 23, 1907), and Amendments adopted November 15, 1010, (in effect February 17, 1911). Amendments adopted December 10, 1912, (in effect March 28, 1913). Amendments adopted March 16, 1915, (in effect April 1, 1915). Published Ijy authority of tlu; P.oard of Supervisors. JOHN S. DUNNIGAN, Clkuk. Phillips a Van Orden Co . San Francisco -3 l^^lHi ^i Board of Freeholders President : Joseph BRITTON. JjaiOMK A. ANDERSON, JAMES BUTLER, H. N. CLEMENT, A. COMTE, JR., ALFRED CRIDGE, L. R. ELLERT, 1 SI DOR GUTTE, P. H. McCarthy, JOHN NIGHTINCiALE, JR. JOHN C. NOBMANN, JOSEPH O'CONNOR, LI PPM ANN SACHS, EDWARD R. TAYLOR, A. W. THOMPSON. Secretary, J. RICH'D. FREUD. 215441 Committees 1. BOUNDARY, RIGHTS AND LIABILITIES .\()l)iiiann, Thompson and McCarthy. 2. THE LEGISLATIVE DEPARTMENT Illicit, Anderson, Taylor and Cridge. 3. FINANCE, REVENUE AND TAXATION Sachs, Ellcrt and Comte. 4. THE EXECUTIVE DEPARTMENT Comte, EUert and Nightingale. 5. THE JUDICLAL DEPARTMENT Clement, Comte and Taylor. 6. DEPARTMENT OF PUBLIC WORKS Taylor, EUert and Gutte. 7. PUBLIC SCHOOLS AND LIBRARIES O'Connor, Nightingale, McCarthy and Comte. 8. POLICE AND CORRECTION Bi-itton, Sachs, Nobmann and Butler. 9. THE FIRE DEPARTMENT Gutte, Clement and McCarthy. 10. THE HEALTH DEPARTMENT Anderson, Nightingale and Taylor. 11. DEPARTMENT OF ELECTIONS Butler, Nobmann and Thompson. 12. PUBLIC UTILITIES Cridge, Anderson and Britton. 13. CIVIL SERVICE AND SALARIES McCarthy, Clement and Gutte. 14. MISCELLANEOUS AND SCHEDULE Nightingale, Taylor and Comte. 15. REVISION Thompson, Taylor, O'Connor, Ciidge and Anderson. Contents Page ARTICLE I — Boundaries, Rights and Liabilities 1 ARTICLE II— Legislative Department. Chapter I — The Board of Supervisors 3 IT — Powers of the Supervisors 7 III— Contracts 21 ARTICLE III — Finance and Taxation. Chapter I — Levying of Taxes 25 II— The Several Funds 29 III— The Custody of Public Moneys 34 IV— Payment of Claims 38 ARTICLE IV— Executive Department. Chapter I— Mayor 39 II— Auditor 41 III — Treasurer 43 IV — ^Assessor 47 V— Tax Collector 48 VI — Coroner 49 VII— Recorder 50 ARTICLE V— Legal Department. Chapter I — Superior Court Judges 51 II — City Attorney 51 III — District Attorney 52 rV — Public Administrator 54 V— County Clerk 54 VI— Sheriff 55 VII — Justices' Court 55 VIII— Police Court 56 IX — San Francisco Law Library 60 ARTICLE VI— Department of Public Works. Chapter I — Hoard of Public Works 61 II — Improvement of Streets 70 III— Opening of Streets 92 IV — •Sewers and Drainage 102 V — Harbors and Wharves 104 VI— Change of Grades 104 VIII — Tunnels, Subways and Viaducts Ill ARTICLE VII— Public Schools and Libraries. Chapter I — Board of Education 115 II— Schools 115 III — Powers of Board of Education 116 IV — Superintendent of Schools 119 V— School Tax Levy..... 121 VI — School I louses and Lots 122 VII — Public Library and Reading Rooms 123 CONTENTS ARTICLE VIII— Police Department. Page Chapter I — Organization 126 II — rolice Commissioners 126 III— rowers of the Board 127 IV— Chief of Police 129 V— Subordinate Officers 131 VI— Police Officers.. 132 VII — Promotions, Suspensions and Dismissals 132 VIII— Inclaimed and Stolen Property 133 IX — Present Police Force 134 X— Police Relief and Pension Fund 134 ARTICLE IX— Fire Department. Chapter I — Organization and Powers 139 II — Duties of Commissioners 141 III— The Chief Engineer 142 IV — Fire Companies 143 V— Fire Marshal 143 VI — Fire Wardens 144 VII— Firemen's Relief Fund 144 VIII — Salaries and Vacations 147 IX — Department of Electricity 148 ARTICLE X— Department of Public Health 149 ARTICLE XI— Department of Elections. Chapter I — ^Board of Election Commissioners 152 II — Municipal Elections 153 III— The Initiative 160 IV— The Referendum 164 V— The Recall .165 ARTICLE XII— Acquisition of Public Utilities 169 ARTICLE XIII— Civil Service 178 ARTICLE XIV— Park Commissioners 186 ARTICLE XIV- A — Playground Commissioners 192 ARTICLE XV— Bonds of Officials 195 ARTICLE XVI— Miscellaneous ..197 SCHEDULE 208 C H ART E R City and County of San Francisco Provided for by Section 8 of Article XI of the Constitution of the State of California Proposed by a Board of Freeholders, elected December 27, 1897. Ratified by the Electors, May 26, 1898. Approved by the Legislature, January 26, 1899. (Statutes 1899, page 241) In full force and effect January 8, 1900. Amended at a special election held December 4, 1902. Amendments approved by the Legislature, February 5, 1903, (Statutes 1903, page 586) Also amended at the municipal election, held November 5, 1907. Amendments approved by the Legislature (special session), November 22 and 23, 1907. (Statutes 1909, page 29) Also amended at a special election held November 15, 1910. Amendments approved by the Legislature, February 17, 1911. (Statutes 1911, page 1661) Also amended at a special election held December 10, 1912. Amendments approved by the Legislature, March 28, 1913. (Statutes 1913, page 1602) Also amended at a special election held March 16, 1915. Amendments approved by the Legislature, April 1, 1915. (Statutes 1915). ARTICLE I. BOUNDARIES, RIGHTS AND LIABILITIES. Name and Powers of City and County, Section 1. The municipal corporation known as the City and County of San Francisco sliall remain and continue a body politic and corporate in name and in fact by the name of the City and County of San Francisco, and l)y that name shall have perpetual succession ; may sue and defend in all courts and places and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy real and personal property; receive bequests, gifts and donations of all kinds of property, in fee simple, or in trust for charitable and other purposes, and do all acts necessary to carry out the purposes of such gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust. Boundaries. Sec. 2. The boundaries of the City and County of San Fran- cisco are hereby declared to be those set forth in Section Thirty- Nine Hundred and Fifty of the Political Code of California. Rights. Sec. 3. The City and County of San Francisco sliall continue, 2 Charter of the City and County of San Francisco. under this Charter, to liave, hold and enjoy all property, rights of property, risjlits of action of every nature and description of the existing nuinicipality and is hereby declared to be the successor of the same. Actions by or Against the City and County. Sec. 4. Suits, actions and proceedings may be brought in the name of the City and County for the recovery of any property, money or thing l)elonging thereto, in law or equity, or dedicated to public use therein, or for the enforcement of any rights of, or contracts with, the City and County, whether made or arising or accruing before or after the adoption of this Charter. All exist- ing suits, actions and proceedings in the courts or elsewhere, to wliich the City and County is a party, shall continue to be carried on by or against the City and County, Liability for Damages by Reason of Defective Sidewalks, Etc. Sec. 5. No recourse shall be had against the City and County, or any board of officers thereof, for damage or loss to person or property suffered or sustained by reason of the defective condition of any sidewalk, street, avenue, lane, alley, court or place, none of which has been finally accepted by the super- visors of the city and county as by law, or as in this charter pro- vided, nor shall there be any recourse against the City and County, or any board or officer thereof, for damage to person or property suffered or sustained by reason of accident on any such sidewalk, street, avenue, lane, alley, court or place; but in any such case the person or persons on whom the law may have imposed the o])ligation to repair such defect in any such sidewalk, street or public highway, shall be liable to the party injured for the damage suffered or sustained. When any portion of the roadway of a public street in the City and County which has been accepted by the Supervisors as ])rovided by law, shall be in such defective condition as to en- danger persons or property in the use thereof ; or when any public sewer is defective or in want of repair, it shall be the duty of the Board of Public Works to cause any such defect in such roadway or in such sewer to be remedied or repaired. And. if through the official negligence of the said Board such defect remains un- remedied or unprotected, and in consequence thereof damage or loss to person or property is sustained or suffered, the said board shall be liable to the party injured for the damage sustained; provided that a notice in writing directing attention to the exist- ence of such defect, and specifying the particular street and block thereof whereon or wherein such defect exists, shall have been served upon the said Board at least five days before such damage shall have been sustained; and provided further that there are at such time funds available to the said board for repairing or remedying .such defects. — As amended November 15, 1910; approved hy the Legislature February 17, 1911 (Statutes, 1911, page 1661). Article II, Chapter I, Legislative Department. 3 ARTICLE II. LEGISLATIVE DEPARTMENT. CHAPTER I. THE BOARD OF SUPERVISORS. Legislative Power. Section 1. The legislative power of the City and County of San Francisco shall be vested in a legislative body, which shall be designated the Board of Supervisors. Such body is also des- ignated in this Charter, the Supervisors. Supervisors: Term. Qualifications. See. 2. The Board of Supervisors shall consist of eighteen members, all of whom shall hold office for two years and be elected from the City and County at large. Each one must be at the time of his election an elector of the city and county, and must have been such for at least five years next preceding his election. Each Supervisor shall receive a salary of two hundred dollars a month. 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. — As amended November 15, 1910; approved hy the Legislature February 17, 1911 (Statutes, 1911, page 1661). Quorum. Sec, 3. A majority of all the members of the Board shall con- stitute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such man- ner and under such penalties as the Board may prescribe. Powers of tlie Board of Supervisors. Sec. 4. The Board shall: Appointments. 1. Appoint a Clerk, Sergeant-at-Arms and, when authorized to do so by ordinance, such additional clerks and other assistants as may be deemed necessary. Rules. 2. Establish rules for its proceedings. Journal. 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. Decorum. 4. Have authority to i)unish its members for disorderly or contemptuous behavior in its presence. 4 Charter of the City and County of San Francisco. Presiding Officer. Sec. r>. The Mayor sliall be the presiding officer of the Board of Supervisors. 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. Meetings: Time and Piace. Sec. 6. The Board shall meet on IMonday of each week, or if tliat day be a legal holiday, then on the next day. The Board .«^hall not adjourn to any other place than to its regular place of meeting, except in case of great necessity or emergency. The meetings of the Board shall be public. Clerk of the Board: Duties and Powers. Sec. 7. The Clerk of the Board, when requested to do so, shall administer oaths and affirmations, without charge, in all matters pertaining to the affairs of his office, and shall perform such services as may be prescribed 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 necessary to all leases, grants and conveyances of the City and County. Ordinances: Enactments and Passage. 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 ordained by the People of the City and County of San Francisco as follows." No ordinance shall be passed except by bill, and no bill shall be so amended as to change its original purpose. Bills and Resolutions: Final Adoption. Sec. 9. No bill shall become an ordinance, nor resolution be adopted, unless 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. Revision and Amendment. Sec. 10. No ordinance shall be revised, re-enacted or amended by reference 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. Subject and Title. 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 thereof as is not expressed in its title. Article II, Chapter I, Legislative Department. 5 Reconsideration: Franchises. Sec. 12. Wlien a bill is put upon its final passage in the Board and fails to pass, and a motion is made to reconsider, the vote upon such motion shall not be acted upon before the expiration of twenty-four hours after adjournment. 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, after amendment, be laid over for one week before its final passage. Advertisement of Bills and Resolutions. Sec. 13. Every bill or resolution providing for any specific improvement, or the granting of any franchise or privilege, or involving the lease, appropriation or disposition of public prop- erty, or the expenditure of public money, except sums less than two hundred dollars, or levying any tax or assessment, and every ordinance providing for the imposition of a new duty or penalty, shall, after its introduction, be published in the official news- paper with the ayes and noes, for at least five successive days (Sundays and legal holidays excepted) before 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 hundred dollars, as shall be necessary to meet the requirements of such necessity. Veto of Separate Items by the Mayor. Sec. 14. If any bill be presented to the Mayor containing sev- eral items appropriating money or fixing a tax levy, he may ob- ject 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 signing it a statement of the item or items to which he objects and the reasons therefor, and the item or items so objected to shall not take effect unless passed notwithstanding the Mayor's objection. Each item so objected to shall be separately recon- sidered by the Board in the same manner as bills which have been disapproved by the Mayor. When Ordinances Take Effect. Sec. 15. No ordinance shall take effect until ten days after its passage unless otherwise provided in such ordinance. Approval or Disapproval of Mayor. Sec. 16. Every bill and every resolution as hereinl)efore pro- vided, which shall have passed the Board and shall have been duly authenticated, shall be presented to the Mayor for his ap- proval. The Mayor shall return such l)ill or resolution to the Board within ten days after re(;eiving it. If lie approve it he shall sign it and it shall then l)ecome an ordinance. If he dis- 6 I'hartcr of the City aud County of San Francisco. approves it lie shall specify his objections thereto in writing. If lie does not return it with such disapproval within the time above speeitied. it shall take effect as if he had approved it. The objec- tions of the Mayor sliall b» entered at large in the Journal of the Board, and the Board shall, after live 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, be again ]>assed by the affirmative vote of not less than fourteen members of the Board, the presiding officer shall certify that fact on the bill or resolution, and when so certified, the bill shall be- come an ordinance with like effect as if it had been approved by the Alayor. If the bill or resolution shall fail to receive the vote of fourteen members of the Board it shall be deemed finally lost. The vote on such reconsideration shall be taken by ayes and noes and the names of the members voting for and against the same shall be entered in the Journal. Deposit of All Ordinances. Sec. 17. All ordinances and resolutions shall be deposited with the Clerk of the Board, who shall record the same at length in a suitable book. Repeal of Ordinances. Sec. 18. No ordinance shall be repealed except by ordinance adopted in the manner hereinbefore set out, and such ordinance shall be presented to the Mayor for his approval as hereintofore provided. Demands for Payment of Money. Sec. 19. Except as provided in Chapter III of Article III of this Charter, all demands payable out of the treasury must, be- fore they can be approved by the Auditor or paid by the Treas- urer, be first approved by the Board of Supervisors. All demands for more than two hundred dollars shall be presented to the Mayor for his approval, in the manner hereinbefore provided for the passage of bills or resolutions. All resolutions directing the pay- ment of money other than salaries or wages, when the amount ex- ceeds five hundred dollars, shall be published for five successive days (Sundays and legal holidays excepted) in the official news- paper. Section 20. Repealed by amendment November 15, 1910; ap- proved by the Legislature February 17, 1911 (Statutes, 1911, page 1661). Section 21. Repealed by amendment November 15, 1910; ap- proved by the Legislature February 17, 1911 (Statutes, 1911, page 1661). Amendments to Charter by Petition. Sec. 22. Whenever there shall be presented to the Supervisors a petition signed by a number of voters equal to fifteen per centum Article II, Chapter II, Legislative Department. 7 of the votes east at tlie last preceding State or municipal election, asking that an amendment or amendments to this Charter, to be set out in such petition, be submitted to the people, the Board must submit to the vote of the electors of the City and County the pro- posed amendment or amendments. The signatures to the petition need not all be appended to one paper. Each signer shall add to his signature his place of resi- dence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to ad- minister oaths that the statements made therein are true and that each signature to such paper appended is the genuine signature of the person whose name purports to be thereto subscribed. The Board of Election Commissioners must make all necessary provision for submitting the proposed amendment or amendments to the electors at a special election to be called by it, and shall canvass the vote in the same manner as in other cases of election. All the provisions of the Constitution of the State embracing the subject in this section provided for are hereby expressly made applicable to such proposed amendment or amendments. But if at any time there shall be no constitutional provision or provi- sions under which this Charter may be amended, then the afore- said amendment or amendments must be submitted by the Board of Election Commissioners to the vote of the electors of the City and County at the election which next ensues after such petition is filed with the Supervisors, if any such election is not to be held within sixty days after the filing of such petition. The tickets used at such election shall contain the words "FOR THE AMENDMENT" (stating the nature of the proposed amend- ment) and "AGAINST THE AMENDMENT" (stating the nature of the proposed amendment). If a majority of the votes cast upon such amendment or amend- ments shall be in favor of the adoption thereof, the Board of Elec- tion Commissioners shall, within thirty days from the time of such election, proclaim such fact, and thereupon this Charter shall be amended accordingly. Section 23. Repealed by amendment November 15, 1910; ap- proved by the Legislature February 17, 1911 ; in effect January 8, 1912. (Statutes, 1911, page 1661.) CHAPTER II. POWERS OF THE SUPERVISORS. Section 1. Subject to the provisions, limitations and restric- tions in this (Jliarter contained, the Hoard of Supervisors shall have power: Local Laws. 1. To oi'dain, iiiak(^ and ctil'orcc williiti the iiiiiils (tT llic City 8 Charlt r of ilir Cily a)id County of San Francisco. nud County all lUH-ossary Im-al, police, sanitary and other laws and regulations. Use of Streets. 2. Except as otherwise provided in this Charter, or in the Con- stitution of the State of California, to regulate and control for any and every purpose, the use of the streets, highways, public thoroughfares, public places, alleys and sidewalks of the City and County. Permits for Spur Tracks on Streets. 3. To permit the laying down of spur or side tracks and run- ning of cars thereon for industrial purposes only, for the purpose of connecting warehouses, manufactories or other business in- dustries and enterprises with the Belt Line of railroads along the water front or other lines of railroad which now or may here- after enter the City and County, subject to such regulations and conditions as may be prescribed from time to time by said Board of Supervisors; such tracks to be used for transportation of freight only, and not to be used as a main line or a part thereof; and also for the purpose of excavating and filling in a street or portion of a street or the adjoining land, and 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 restrictions as not to interfere with the use of such streets by the public. All permits granted under the pro- visions hereof shall be revocable at the pleasure of the Board of Supervisors. All spur or side tracks laid down and in use on the first day of July, 1907, shall be deemed to have been laid down and to be in use by permission of the Board of Supervisors, sub- ject to the provisions of this section. — As amended November 5, 1907 ; approved hy the Legislature November 23, 1907 (Statutes Special Session, 1907, page 55). Street Sweepings. 4. To empower street railway companies, under such condi- tions as the Board may see fit to impose, to convey street sweep- ings and offal to the public parks. Fire Limits. 5. To fix the limits within which wooden buildings or struc- tures shall not be erected, placed or maintained, and to prohibit the same within such limits. Such limits when once established shall not be changed except by extension. Nuisances. 6. To provide for the abatement or summary removal of any nuisance and to condemn and to prevent the occupancy of unsafe structures. Article 11, Chapter II, Legislative Department. 9 Passenger Vehicles. 7. To regulate the use of hackney carriages and public pas- senger vehicles, and to fix the rates to be charged for the trans- portation of persons or personal baggage. Public Pound. 8. To provide a public pound and to make all necessary rules and regulations in the matter of animals running at large, and for the custody and destruction of the same. iVIorgue. 9. To provide and maintain a morgue. Places for Detention. 10. To provide for places for the detention of witnesses and persons charged with insanity, separate and apart from places where criminals or persons accused of public offenses are im- prisoned. Prisons, Hospitals and Almshouses. 11. To establish, maintain and regulate, and change, discon- tinue and re-establish City and County jails, prisons and houses of detention, punishment, confinement and reformation, hospitals and almshouses. Acquire Property. 12. To purchase or acquire by condemnation such property as may be needed for public use. Water, Heat, Light, Power, Etc. 13. Except as otherwise provided in this Charter, to regulate and control the location and quality of all appliances necessary to the furnishing of water, heat, light, power, telephonic and tele- graphic service to the City and County, and to acquire, regulate and control any and all appliances for the sprinkling and clean- ing of the streets of the City and County, and for flushing the sewers therein. Regulation of Public Utility Rates. 14. To fix and determine by ordinance in the month of Feb- ruary of each year, to take effect on the first day of July tliere- after, the rates or compensation to be collected by any person, company or corporation in the City and County, for the use of water, heat, light, power or telephonic service, supplied to the City and County, or to the inhabitants thereof, and to prescribe the quality of tiie service. — As amended November 5, 1907; ap- proved by the Legislature November 23, 1907 (Statutes Special Sessions, 1907, page 55). License Taxes, Exemption. 15. To impose license taxes and to provide for the collection thereof; but no license taxes shall be imposed upon any person 10 Charter of the Cilii (ind Count ij of San Francisco. who. at any fixed place of business in the City and County, sells or maaufaetures poods, wares or merehandise, except such as re- quire pennits from the Board of Police Commissioners as pro- vided in this Charter. Fines and Penalties. 16. To prescribe fines, forfeitures and penalties for the breach of any ordinance; but no penalty shall exceed the amount of five hundred dollars or six months' imprisonment, or both. Fees, 17. To fix the fees and charges for all official services not otherwise provided for in this Charter. Fourth of July. Memorial Day. 18. To allow not to exceed two thousand five hundred dollars in any year for the celebration of the anniversary of our National Independence, and not to exceed five hundred dollars in any year for the observance of Memorial Day. Cruelty to Animals. 19. To appropriate such sums as may be paid into the treasury from fines collected on conviction of persons charged with cruelty to animals, and to authorize the payment of the same or some part thereof to any society that shall efficiently aid in such con- victions. Interpreters' Compensations. 20. To provide for the payment of compensation to the inter- preters appointed by the Judges of the Superior Court to inter- pret testimony in criminal cases in said Court or the Police Court, or upon inquests and examinations. Such compensation shall not exceed one hundred dollars a month for each interpreter. Rewards to Catch Criminals. 21. To offer rewards not exceeding one thousand dollars in any one instance for the apprehension and conviction of any per- son who may have committed a felony in the City and County, and to authorize the payment thereof. Sewer System Fund. 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 sewerage. Officiar Seals. 23. To provide a Seal for the City and County, and Seals for the several departments, boards and officers thereof, and a Seal for the Police Court. Article II, Chapter II, Legislative Department. 11 Hours and Wages of Laborers. 24. To fix hours of labor or service required of all laborers in the service of the City and County, and to fix their compensa- tion; provided that eight hours shall be the maximum hours of labor in any calendar day, and that the minimum wages of labor- ers shall be three dollars a day. — As amended November 15, 1910; approved by the Legislature February 17, 1911 (Statutes 1911, page 1661.) Boulevards. 25. To set apart as a boulevard or boulevards any street or streets, or portions of a street or streets, over which there is no existing franchise for any street railroad. Tunnels. 26. To construct or permit the construction of tunnels, under such rules and regulations as the Board may prescribe. Regulation of Street Railways. 27. To regulate street railroads, tracks and cars; to permit two or more lines of street railways, operated under different managements, to use the same street, each paying an equal portion for the construction and repair of the tracks and appurtenances used by said railways jointly for such number of blocks consecu- tively, not exceeding ten blocks, 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 protect the public from danger or inconvenience in the operation of such roads. — As Amended December 4, 1902; approved by the Legisla- ture February 5, 1903 (Statutes 1903, page 586). Entry to the City of Steam Railroads. 28. To allow any transcontinental or other railroad company having not less than fifty miles of road actually constructed and in operation to enter the City and County with its road and run its ears to the water front at the most suitable point for public convenience. No exclusive right shall be granted to any railroad company; and the use of all such rights shall at all times be sub- ject to regulation by the Supervisors. Every ordinance granting such right shall be upon the condi- tions that said company .shall pave and keep in rei)air the street from ourb 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 witli it the same track or tracks, each paying an eciual portion for the construction and rc|)air of the tracks and ai)i)ur- tenances used by such railways jointly. Conveyance of Lands. 29. To convey lands in accordance with the jtrovisions (»f the 12 Chorltr of the City and County of San Francisco. Act of the Tioprislature of the State of California, entitled "An Act to expedite the settlement of land titles in the City and County of San Franeiseo, and to ratify and confirm the acts and procedin^rs of certain of the authorities thereof," approved March 14. 1870. Trusts. 30. To provide for the execution of all trusts confided to the City and County. Vacant Lots. 31. To transfer from one department of the City Government vacant and unused lots of land to another department. Lease of Lands of the City. 32. To provide for the lease of any lands now or hereafter owned hy 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 notice thereof for at least three weeks. No lease shall be authorized except by ordinance passed by the affirmative vote of two-thirds of the members of the Board, and approved by the ]\Iayor, and no lease shall be made for a longer period than twenty years. Sale of Useless Property. 33. To provide for the sale at public auction, after advertising for five days, of personal property unfit or unnecessary for the use of the City and County. Purchase of Property. 34. To provide for the purchase of property levied upon or under execution in favor of the City and County; but the amount bid on such purchase shall not exceed the amount of judgment and costs. Mayor's Contingent Fund. 35. The Supervisors must appropriate annually to the Mayor thirty-six hundred dollars as and for a contingent fund, for which he need furnish no vouchers. To Aid Indigent and Exempt Firemen. 36. To allow not to exceed the sum of five thousand dollars a year for the relief of aged, indigent and infirm exempt firemen who served in the Volunteer Fire Department between the years 1850 and 1866. — As amended December 4, 1902; approved by the Legislature February 5, 1903 (Statutes 1903, page 586). Giving Permit to Panama-Pacific International Exposition. 37. The Board of Supervisors shall pass such ordinances gov- erning the use and closing of streets, the erection, use, alteration, demolition and control of buildings and structures of every nature Article II, Chapter II, Legislative Department. 13 and description; the installation, nse and control of plumbing, water, gas, steam, sewerage and other pipes and instrumentalities ; the use and control of electric light, power, and other wires, con- duits, generating, transmitting and other apparatus; the erection and maintenance of steam boilers, steam, gas, and other engines and apparatus ; the maintenance and control of fire and police protection, and governing any and every other matter necessary, proper or expedient for the safety, convenience and welfare of the public within that portion of the City and County of San Fran- cisco which has been or may be selected as the site for the holding of the Panama-Pacific International Exposition. The provisions hereof, and the ordinances adopted hereunder, shall supersede all conflicting provisions of this Charter, and all conflicting provisions of any ordinance heretofore passed, so far as the same apply to the site herein specified, until the first day of January, 1917 ; provided, that no ordinance passed by virtue of any provision herein contained shall be operative outside of the limits of the site hereinabove specified. — New subdivision added hy amendment De- cember 10, 1912, approved hy the Legislature March 28, 1913 (Statutes, 1913, page 1602). Bureau of Supplies. 38. To provide for and regulate the purchase, storage and distribution of all supplies for the various offices and departments, and may provide for the establishment of a Bureau of Supplies, and the employment of a Chief of such bureau, with necessary employees and salaries therefor. The Bureau so established may furnish all supplies and materials required by any officer or depart- ment of the City and County. — New subdivision, added by amend- ment December 10, 1912, approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Form of Demands. 39. To prescribe the forms in which demands against the treasury shall be made and presented, and the forms in which war- rants shall be drawn by the Auditor and delivered for the payment thereof. — New subdivision added by amendment December 10, 1912, approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Uniform System of Accounting. 40. To prescribe a uniform system of accounting for the various offices and departments. — New subdivision added by amendment December 10, 1912, approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Records, Documents and Files. 41. To prescribe forms, methods and facilities for keeping the records, documents and files in any office or department of the 14 i'lunier of the City and County of San Francisco. City and County, unless otherwise provided by general laws. — New subilivision adilfd by amendment December 10, 1912, approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Planning Commission. 42. To provide by ordinance for the establishment of a City Plannini:: Commission, which shall devise plans for the improve- ment and beautifieation of San Francisco. Members of said Plan- ning Commission shall receive no compensation and shall not be subject to any prohibition forbidding officials from holding more than one oflRce or position. The Board of Supervisors shall pre- scribe the duties of said Commission, the number and qualifica- tions of the members thereof, and in general shall enact all legisla- tion not expressly forbidden by this Charter or by general law necessary or incident to carrying into execution the propositions for which said City Planning Commission is instituted. — New subdi- vision added by amendment December 10, 1912, approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Equalization Board. Sec. 2, The Supervisors shall constitute the Board of Equali zation of the City and Count.y. The Clerk of the Supervisors shall be Clerk of the Board of Equalization by virtue of his office. Finance Committee: Duties and Powers. Sec. 3. The Board of Supervisors shall appoint from its mem- bers a committee consisting of three to be denominated 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 disbursement of public money, or having the power to approve, allow, or audit demands on the treasury; shall have free access to any records, books and papers in all public offices; shall have power to administer oaths and affirmations, and to examine witnesses, and compel their at- tendance before them by subpoena. The Committee may at any time visit any of the public offices and make its examinations and investigations therein without hindrance. The Committee must, at least once in every six months, exam- ine the official bonds of all City and County officers, and inves- tigate the sufficiency and solvency of the sureties thereon, and report in writing the facts to the Mayor, Such report shall specify each bond with the sureties, and the amounts for which each surety is bound, and state whether or not they are sufficient and solvent. Upon such report the Mayor shall take such action as shall be necessary to protect the City and County, and may require new bonds when necessary, and he may suspend any officer till a sufficient bond is filed and approved. Article II, Chapter II, Legislative Department. 15 Expert Books of Quasi-Public Corporations. Misdemeanors in Office. 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 persons, companies or corporations that are required to pay a portion of their gross receipts into the treas- ury; and shall likewise, as an aid to the fixing of rates for fur- nishing water and light to the City and County and to the inhab- itants thereof, have like power, and it shall be its duty, to examine the records and examine and expert the books of account of any and all persons, companies or corporations so furnishing water or light. In the exercise of its functions, the concurrence of two mem- bers of the Committee shall be deemed sufficient. The Committee shall keep a record of its proceedings with the names of the wit- nesses examined and a substantial statement of the evidence taken. If, from the examination made by the Committee, it shall appear that a misdemeanor in office, or a defalcation, has been committed by an officer, the Committee shall immediately report to the IMayor, who, if he approve the report, shall take such proceedings against such officer as are authorized by law, and may suspend him pend- ing such proceedings. Any police officer shall execute the process and orders of the Committee. No Exclusive Franchise. Sec. 5. No exclusive franchise or privilege shall be granted for laying pipes, wires or conduits. Street Railway Franchises: Method of Granting. 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 tlie City and County not reserved for boule- vards or carriage driveways, upon the following conditions and in the following manner and none other : Upon application being made to the Board for any such fran- chise, it shall by resolution determine whether such franchise or any part thereof should be granted, and at said time shall deter- riiine on wliat conditions tlie same shall be granted additional to those conditions provided in this Chapter. After such dctcrniina- tion, it shall cause notice of such application and resolution to be advertised in the official newspaper of the City and County for ten consecutive days. Such advertisement must be completed not less than twenty nor more than thirty days bd'orc any further action is taken by the Board on such ai)pIication. The advertisement nmst 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 namc>l in the advertisement; and a further statement that no bids will be received of a stated amount, but that all bids must be for the 1() Charter of the City and County of San Francisco. payment to the City and County in lawful money of the United States of a stated percentaije of the pross annual receipts of the porson. company or corporation to whom the franchise may be awarded, arising from its use, operation, enjoyment or possession. Every bidder shall file with his bid a bond executed to the City and County, with at least two good and suilficient sureties to be approved by the INFayor in a penal sum prescribed by the Super- visors, and set forth in such advertisement, conditioned that such bidder will well and truly observe, fulfill and perform each and all of the conditions, 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 sureties 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 re- ceived, the Board must open such bids and award the franchise to the person, company or corporation offering to pay the highest stated percentage of the gross receipts arising from the use, oper- ation, possession or enjoyment of the franchise for which such application was made. But no award shall be made, nor any such application 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 receipts during the next succeeding ten years. Except as in this section otherwise provided, bidding for such franchises must be in accordance with the provisions of this Charter in relation to bids made to the Board of Public Works, so far as such provisions may be applicable. The Supervisors may reject any and all bids, and may refuse to grant a franchise for any part of the route for which application was made. Every ordinance making such grant shall require the concurrence of three-fourths of all the members of the Board of Supervisors, as shown by the ayes and noes, and the approval of the Mayor, and at least ninety days shall intervene between the introduction and final passage of any such ordinance. It shall require a vote of five-sixths of all the Supervisors to pass the ordinance notwith- standing the objections of the Mayor. If any bid be accepted, the franchise must be granted upon the express condition, in addition to the conditions required by this Charter, and such other conditions as may be prescribed by the Supervisors, that the per centum of the gross receipts of the rail- way shall be paid into the treasury on or before the tenth day of tlie next ensuing month after such gross receipts shall have been earned; and upon the further condition that the whole of the rail- Article II, Chapter II, Legislative Department. 17 way shall be continuously operated, and that at the end of the term the road-track and bed of such railway and all its stationary fixtures upon the public streets, shall become the property of the City and County; and that the grantees will, within one hundred days after the date of such grant, commence the construction of such railway, and continuously thereafter, in each and every month until the completion thereof, expend in such construction at least the sum of three thousand dollars. The failure to comply with any of said conditions shall work an immediate forfeiture of such franchise and the road or track constructed thereunder. There shall lie no power in the Super- visors to relieve from such forfeiture or from any of said condi- tions. On or before the tenth day of each month after said re- ceipts shall have been earned, the President and Secretary of said railway company shall make and file with the Clerk of the Board of Supervisors a sworn statement of the gross receipts of such railway for the preceding 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 re- newed 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 enjoying the franchise, and that the Finance Committee of the Board shall at all times be permitted to examine and expert their books as to such gross receipts. All moneys received for such franchises and in payment of the said per centum shall be credited to the General Fund, Electric Power and Lighting Franchises. Conditions and Manner of Granting Same. Sec. 7. The Supervisors shall have no power to grant fran- chises or privileges to erect poles or wires for transmitting elec- tric power or for lightiiitr purposes along or upon any public street or highway of the Cily and County except upon all the con- ditions and in the manner, including competitive bidding and pay- ment of a percentage of gross receipts, hereinbefore set out, and upon the further 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 franchisee or privilege. When, on the expiration of any street railroad franchise, it shall be deemed inexpedient by the Board to nso. any of the proji- erty 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 after the notice, on the terms, and in the manner above provided as to the granting of street railroad franchises, as far as the same may be applicable But no ordiri.'incf' nntliori/ing such lease shall be passed jirior to ninety days next preceding the expiration of such franchi.se. IS Charier of the City and County of San Francisco. Any ordinance grranting a franchise or authorizing a lease under the provisicnis of tliis section sliall he in force from and after the expiration of thirty days from the date of its signature hy tlu; Mayor, or from and after tlic expiration of thirty days from the date of its passage hy the Supervisors over his objections, unless within said thirty days a petition signed by a number of the electors of the City and County equal to fifteen per centum of the votes cast at the last preceding election, shall have been filed with tlie Supervisors, asking that said ordinance be submitted 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 election 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 Com- missioners 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 afore- said. Said petition and submission shall be made in accordance with the provisions of section twenty of Chapter I of this Article. [Note — For further conditions relating to franchises see Sec- tions 7a, 7b, 7c, Chapter II, Article III.] Claims for Damages Against the City. Sec. 8. All claims for damages against the City and County must be presented to the Board of Supervisors and filed with the Clerk within six months after the occurrence from which the damages are claimed to have arisen; otherwise there shall be no recovery on any such claim. Sales of Certain Lands and Procedure Therefor. Sec. 9. The City and County of San Francisco shall have power to sell all lands owned by the City and County between Ninth street and Eighteenth street, lying in what was formerly ]\Iission Creek, and any and all lands that may be hereafter ac- quired, excepting lands for parks, squares and children's play- grounds, and the Board of Supervisors of said City and County may by ordinance determine that the public interest or necessity demands the sale of such lands so owned or held by the City and County. Such ordinance must describe the lands to be sold, and the terms of sale, which must be for cash in United States gold coin. The land may be sold in one parcel or in subdivisions, as the Supervisors may, in such ordinance, determine, and sales shall be made by the Mayor, as hereinafter provided. Every such sale must be at public auction, unless the Super- visors shall, in and by such ordinance, determine that all or a por- tion of such lands shall be sold at private sale. Article II, Chapter II, Legislative Department. 19 When a sale at public auction is to be had, the Clerk of the Board of Supervisors must give notice thereof by publishing the same in the official newspaper, and one other daily newspaper published in the City and County, at least three weeks succes- sively next before the sale, which said notice shall describe the lands to be sold, with common certainty. Such sales at public auction must be made in the City and County, and must be between the hours of 9 o'clock in the morn- ing and 5 o'clock in the afternoon, and must be made on the day named in the notice of sale, unless the same is postponed. When it shall have been determined by the Supervisors, as hereinbefore provided, that the sale of such lands shall be at pri- vate sale, a notice shall be published in the official newspaper and one other daily newspaper published in the City and County, for two weeks successively next before the day on or after which the sale is to be made, and the land and tenements to be sold must be described therein wuth common certainty. The notice must state a day on or after which the sale will be made, and must state that all bids or offers will be received by the Mayor of the City and County, at his office. The day last referred to must be at least fifteen days from the first publication of notice ; and the sale must not be made before that day, but must be made within six months thereafter. The bids or offers must be in writing, and must be filed with the Mayor, at his office. No sale of real estate at private sale shall be confirmed by the Supervisors as hereinafter provided, unless the sum offered shall be at least 90 per cent of the appraised value thereof, to be fixed and determined as next hereafter provided. An appraisement of such lands shall be made and filed with the Supervisors, within three weeks after the final passage of the ordinance hereinbefore mentioned, by the Mayor, the Assessor, and the chairman of the Finance Committee of the Supervisors, who are hereby constituted a board of appraisement for such pur- pose. When a sale shall have been made by the Mayor, at public auc- tion or at private sale, as hereinbefore provided, lie shall require from the person to whom the property is sold a deposit amount- ing to 10 per cent of the sum bid. He shall immediately there- after, at the next meeting of the Supervisors, report the fact of such sale to the Supervisors, with a statement of the sum bid, and the name of the bidder, with a request that the Board confirm such sale. The Clerk of the Supervisors shall immediately thereupon give notice by publication in the official newspaper, and one otlier daily newspaper publislied in the City and County, that at a meet- ing of the Supervisors, to be held not loss than twenty, nor more than thirty days, from the first pul)lication of siieh notice, that such sale has been made, the amount for which the property has 20 Charter of the City and County of San Francisco. been sold, and the name of the purchaser. Such notice shall also contain a statement tliat at such meeting, if an offer of 10 per cent more in amount than that named in said notice shall be made to the Super\nsors, in writing, by a responsible person, the Super- visors will confirm such sale to such person, or order a new sale, as hereinafter provided. At such meeting, if it appears to the Supervisors that the sum bid is not disproportionate to the value of the property sold, and that a greater sum cannot be obtained, or if an increased bid, as hereinbefore mentioned, be made and accepted the Board of Su- pervisors may, by an ordinance, passed by an affirmative vote, of at least fifteen of its members, confirm such sale, and direct con- veyances to be executed by the Mayor. A certified copy of such ordinance shall be recorded in the County Recorder's office in the County in which the property is situated. The Board of Supervisors may, in its discretion, confirm or re- fuse to confirm any sale. In the event of the refusal of the Board of Supervisors to con- firm the sale all proceedings taken as hereinbefore provided, for the sale of the lands shall be void and of no effect. If the sale is confirmed by the Board of Supervisors, convey- ances must thereupon be made by the Mayor to the person to whom the sale shall have been so confirmed, and shall be deliv- ered to him upon payment of the balance of the purchase price. Such conveyances shall be in the name of the City and County, and shall be effective to convey all the right, title and interest of the City and County in and to the lands therein described, to the grantee therein named. — New section added hy amendment, adopted November 5, 1907 ; approved hy the Legislature November 23, 1907 (Statutes Special Session, 1907, page 39). Civic Center and Sale of Relief Home Property. Sec. 10. The Board of Supervisors may acquire land in the district bounded by Market street. Golden Gate avenue and Frank- lin street, for the purpose of establishing a Civic Center, and when it appears to the advantage of the City and County so to do it may acquire land in excess of the actual requirements, and may dispose of any such excess in exchange for other lands within such district or for the purpose of acquiring additional lands or for the erection of structures thereon. It may convey to the State of California a parcel of land in such district for the purpose of the erection of a state building thereon and in consideration therefor may receive from the State any parcel of land in such district now owned by the State ; and with the consent of the Board of Trustees of the Public Library and reading rooms it may exchange parcels of land with the said Board of Trustees, and upon such exchange said Board of Trustees is hereby authorized to relinquish control of such land as may have been heretofore set apart for its use. It Article II, Chapter III, Legislative Department. 21 may authorize the erection of an auditorium by the Panama-Pacific International Exposition Company, or of an opera house, museum, or other structure, provided the ownership of such structure shall always be vested in the municipality. The Board of Supervisors, in the manner provided in the pre- ceding section, may sell a portion of the Relief Home tract not adapted to public use, being a portion of the Riincho San IMiguel and generally described as lying southerly and westerly from the lands of the Spring Valley Water Company. The proceeds arising from such sale shall be used exclusively for the purchase of other lands adjoining such Relief Home tract. — New section added by amendment December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). CHAPTER III. CONTRACTS. Manner of Purchasing Supplies and Awarding of Contracts. Section 1. All contracts for goods, merchandise, stores, sup- plies, subsistence or printing for the City and County, as well as for all subsistence, supplies, drugs and other necessary articles for hospitals, prisons, public institutions and other departments not otherwise specifically provided for in this Charter, must be made by the Supervisors, with the lowest bidder offering adequate security, after publication for not less than ten days in the official newspaper; and no purchase thereof or liability therefor shall be made or created except by contract. Except as otherwise provided in this Charter, the Board must determine annually what goods, merchandise, stores, supplies, drugs, subsistence and other necessary articles will be needed by the City and County for the ensuing 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 unless 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 of the amount of the bid, payal)]e at sight to the order of the (Jh^rk of the Supervisors. If the bidder to whom the con- tract is awarded shall for five days after such award fail or neglect to enter into the contract and file the required bond, the (Merk sliall draw the money due on su(!h ccrli(i(fate of deposit or check and pay the same into the treasury; and under no circumstances shall the certificate of deposit or check or the proceeds thereof be returned to such defaulting bidder. Notices for proposals for furnishing the aforesaid articles shall mention said articles in general and sliall state that tlu; conditions and schedule may be found in tlic office of tiu^ Clerk of the Board of Supervisors; and shall also state that such articles are 22 Charter of the City and County of San Francisco. to be delivered at such times, in such quantities, and in such manner, as the Supervisors may desiprnate. Any bidder may bid separately for any article named. The award as to each article, shall in all oases be made to the lowest bidder for such article, and where a bid embraces more than one article, the Supervisors shall have the rijjht to accept or reject such bid or the bid for any one or more articles embraced therein. In the case of con- tracts for subsistence of prisoners, the advertisement for pro- posals shall specify each article required, the quality thereof, the quantity for each person, and the existing and probable number of persons to be supplied. No article or articles provided for in this section shall have been made in any prison. The Supervisors shall require bonds with sufficient sureties for the faithful per- formance of every contract. The Clerk of the Supervisors shall furnish printed blanks for all such proposals, contracts and bonds. All bids shall be sealed and delivered by the bidder to the Clerk of the Supervisors, and opened by the Board at an hour and place to be stated in the advertisement for proposals, in the presence of all bidders who attend, and the bidders may inspect the bids. All bids with alterations or erasures therein shall be rejected. All articles so supplied shall be subject to inspection and rejection by the Supervisors and by the person in charge of the office, institution or department for which the same are sup- plied. Every contract for work to be performed for the City and County must provide that in the performance of the contract eight hours shall be the maximum hours of labor on any calendar day, and that the minimum wages of laborers employed by the contractor in the execution of his contract shall be three dollars a day. Any contract for work to be performed for the City and County which does not comply with the provisions of this section shall be null and void, and any officer who shall sign the same shall be deemed guilty of misfeasance and upon proof of such misfeasance shall be removed from office.— J-s amended November 15, 1910; approved hy the Legislature February 17, 1911 (Statutes, 1911, page 1661). Contracts for Official Advertising. Sec. 2. All contracts for official advertising shall be let an- nually in like manner by the Supervisors to the lowest responsible bidder publishing a daily newspaper in the City and County, which has a bona fide daily circulation of at least eight thousand copies, and has been in existence at the time of letting such con- tract for at least two years. In inviting proposals therefor, such advertising shall not be classified and no proposal shall be acted upon which offers to do such advertising at different rates for different portions thereof. Such advertising shall be construed to mean the advertising and publication of all official reports, orders, ordinances, mes- Article II, Chapter III, Legislative Department. 23 sages, resolutions, notices inviting proposals and all notices of every nature relating to city work. No part or kind of such ad- vertising shall be charged or contracted for at a higher rate than any other part or kind of the same is charged or contracted for, except in the case of the delinquent tax list. The 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 list shall be let to the lowest responsible bidder on a separate bidding from all other official advertising. No board, department or officer shall make any publication which is not expressly authorized by this Charter or by the Supervisors. stationery Supplies. Sec. 3. The Clerk of the Supervisors shall annually, under the direction of the Supervisors, advertise for proposals for supply- ing the various departments, officers and offices of the City and County with all stationery and supplies in the nature of station- ery, assessment books, minute books, blank books and the print- ing of blanks. The contracts for stationery shall be separate from those 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 designate. The advertisement for bids for paper shall state the weight, quality and size of the various kinds re- quired, and that for printing shall enumerate 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 departments of the City and County, including the forms, papers and blanks now used or hereafter required by the courts of the City and County. The forms for all printing shall be consecutively numbered, and each form and blank shall be known as No. (specifying the number). Such advertisement shall be published for at least ten days, and shall require the bidders to state the price at which each article will be furnished, printed or manufactured, as the same may be required from time to time during such period, and the amount «f the bond that will be required as security for the performance of the contract. No stationery furnished to any officer or department shall con- tain the name or names of the officer or officers constituting tlie head of the department or board. The contract or contracts must be made with the lowest bidder offering adequate security, quan- tity and quality })eing eonsidered. The (Merk of the Supervisors shall have rooms in th(! ('ily Hall for the; custody of such stationery, nnd when purchased tlie same shall be delivered to him, and he shall issue and distribute the same to the various departments as required. lie shall keep accounts in detail, charging himself with all goods 24 Charter of the City and County of San Francisco. received, and crediting himself with the goods delivered upon order or requisition as hereinafter provided. When any of such supplies are required for any department, the Clerk of the Super- visors shall issue the same after the requisition for such articles has heen 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 print- ing ordered by and delivered to any department or officer. Collusion With Bidder Constitutes Misfeasance. See. 4. Any officer of the City and County, or of any depart- ment thereof, who shall aid or assist a bidder in securing a con- tract to furnish labor, material or supplies, at a higher price or rate than that proposed by any other bidder, or who shall favor one bidder over another, by giving or withholding information, or who shall wilfully mislead any bidder in regard to the character of the material or supplies called for, or who shall knowingly accept materials or supplies of a quality inferior to that called for by the contract, or who shall knowingly certify to a greater amount of labor performed than has been actually performed, or to the receipt of a greater amount or different kinds of material or supplies than has been actually received, shall be deemed guilty of misfeasance and shall be removed from office. Execution, Signing and Registration of Contracts. Sec. 5. All contracts provided for in this Chapter must be in writing and executed in the name of the City and County by the ]\Iayor. All such contracts must be countersigned by the Clerk of the Supervisors, and registered by number and date in a book kept by him for that purpose. When a contractor fails to enter into the contract awarded to him or to perform the same, new bids must be invited, and a contract awarded as provided herein in the first instance. Wlien the Supervisors believe that the prices bid are too high, or that bidders have combined to prevent com- petition, or that the public interest will be subserved thereby, they may reject any and all bids and cause the notice for pro- posals to be re-advertised. Lighting Contracts. Sec. 6. No contract for lighting streets, public buildings, places or offices, shall be made for a longer period than one year, nor shall any contract to pay for gas, electric light or any illuminat- ing material at a higher rate than the minimum price charged to any other consumer, be valid. Demands for lighting public build- ings shall be presented monthly to the board or department using or having charge thereof, and shall specify the amount of gas, electric light or illuminating material consumed in such building during the month. Article III, Chapter I, Finance and Taxation. 25 ARTICLE III. FINANCE AND TAXATION. CHAPTER I. LEVYING OF TAXES. Estimates of Annual Requirements in Each Department. Section 1. On or ])ofore the first ^NFonday of April in each year the heads of departments, offices, boards and commissions of the City and Connty sliall send to the Supervisors an estimate in writingr of the amonnt of expenditnre. specifyinfr in detail the objects thereof, required in their respective departments, office^, boards and commissions, inclndinfj a statement of the salaries of their subordinates. Duplicates of these estimates shall be sent at the same time to the Auditor. Auditor's Annual Estimate of the City's Requirements and Revenue. Sec. 2. On or before the first IVFonday of IMay in each year the Auditor shall transmit to the Supervisors an estimate of the probable expenditures of the City and County gfovernment for the next ensuins: fiscal year, statin^ the amount required to meet the interest and sinking funds for all outstandincr funded debts, and the wants of all the departments of the municipal Erovern- ment in detail, and showins: specifically the amount necessary to be apportioned to each fund in the treasui*y: also an estimate of the amount of income from fines, licenses and other sources of revenue, exclusive of taxes upon property, and the probabb^ amount required to be levied and raised by taxation. Supervisors to Make Annual Budget. Sec. 3. The Supervisors shall meet annually between the first Monday of May and the first Monday of June, and by a vote of a majority of all the members thereof make a budrret of the amounts estimated to be required to pay the expenses of con- duct inpr the public business of the City and County for the next ensuinpr fiscal year. The budtret shall be prepared in such detail as to the aprprreprate sum and the items thereof allowed to each department, office, board or commission, as the Supervisors shall deem advisable. Before finally determininp^ upon the budjjet, the Supervisors shall fix such sufficient time or times as may be necessary to allow the taxpayers to be heard in regard thereto, and the Supervis(U's sliall attend at the time or times so appointed for siich hcariufj:. Mayor May Veto Items. Sec. 4. Any item in said budget may, within ten days, be vetoed in whole or in part by the Mayor, and it shall require fifteen votes of the Supervisors to overcome sueli veto. Action thereon must be taken before the last Monday of .7nne. After the final estimate is made in accordance herewith, it shall be sif^ned by the Mayor and the (;ierk of tlu^ Supervisors, and the several sums shall then bo apj)ropriate(l for the ensuing "J(i Charhr of the Cily and County of San Francisco. fiscal year to tlie several purposes and departments therein named. Tlie estimate shall he filed in the office of the Auditor. Annual Tax Levy. Sec. r>. The Supervisors must cause to he raised annually ac- cording to law, and collected hy tax, the amounts so appropriated, less the amounts received from fines, licenses and other sources of revenue. Demands Upon the Treasury. Sec. 6. Except as otherwise provided in this Charter, no money shall he drawn from the treasury unless in consequence of appro- priations made hy the Supervisors and upon warrants duly drawn thereon hy the Auditor. Warrants. Sec. 7. No warrant shall he drawn except upon an unexhausted specific appropriation. Appropriation for Urgent Necessities. Sec. 8. The Supervisors may appropriate $100,000 a year for urgent necessities not otherwise provided for hy law. No money shall he paid out of this appropriation unless authorized hy a five-sixths vote of all the memhers of the Board of Supervisors, and approved by the Mayor. — As amended November 5, 1907 ; approved hy the Legislature November 23, 1907 (Statutes Special Session, 1907, page 37). OneTwelfth Limit on IVIonthly Expenditures. Registration of Demands and Agreements. Sec. 9. It shall not be lawful for the Supervisors, or for any hoard, department, officer or authority having power to incur, authorize or contract liabilities against the treasury, to incur, authorize, allow, contract for, pay or render payable in the present or future, in any one month, any expenditure, demand or demands, against any appropriation, which, taken with all other expendi- tures, indebtedness or liability made or incurred up to the time in such month of making or incurring the same, shall exceed one- twelfth part of the amount of the appropriation for the fiscal year. When any board, department or officer having power to incur liabilities against the treasury shall make any agreement for ob- taining supplies or having labor performed, such department, officer or board shall register such agreement by number and date, and all demands arising under such agreement shall be payable in the order of such registration. Such department, board or officer must inform the person with whom it is proposed to make such agreement of the amount of money available or likely to be available in the fund from which such demands are payable. If, at the beginning of any month, any money remains unex- pended in any appropriation which might lawfully have been expended during the preceding month, such unexpended sum or sums, except so much thereof as may be required to pay all un- paid claims upon such appropriation, may be carried forward and Article III, Chapter I, Finance and Taxation. 27 expended in any succeeding month of such fiscal year; but not afterwards, except in payment of claims lawfully incurred during such fiscal year. Appropriations provided to meet the expense of elections; for the support and maintenance of the Assessor's and Tax Collector's departments; and for urgent necessities, shall be exempt from the provisions of this section. Indorsement of Auditor Upon Contracts. Sec. 10. No contracts made, the expense of whose execution is not provided by law or ordinance to be paid by assessments upon the property benefited, shall be binding or of any force, un- less the Auditor shall indorse thereon his certificate that there remains unexpended and unapplied as herein provided, a balance of the appropriation or fund applicable thereto, sufficient to pay the estimated expense of executing such contract, as certified by the board or officer making the same. This provision shall not apply to work done, or supplies furnished, involving the expendi- ture of less than two hundred and fifty dollars, unless the same is required by law to be done by contract at public letting. The Auditor shall make such indorsement upon every such contract so presented to him, if there remains unapplied and unexpended such amount so specified by the officer making the contract, and thereafter shall hold and retain such sum to pay the expense in- curred until the contract shall be fully performed. The Auditor shall furnish weekly to the head of each department a statement of the unexpended balances of the appropriation for his depart- ment. Tax Levy: When Made. Sec. 11. On or before the third Monday in September of each year, the Supervisors shall levy the amount of taxes for City and County purposes required to be levied upon all property not exempt from taxation. The amount should be sufficient to provide for the payment during the fiscal year of all demands upon the treasury authorized to be paid out of the same; but such levy, exclusive of the State taxes and the tax to pay the interest aud maintain the sinking funds of the bonded indebtedness of the City and (bounty, and oxclusive of the tax to })ay for the maintonanc(> and improve- ment of tlu! j)arks, sqiiai'cs and pul)Ii('- grounds of the (-ity and County, shall not exceed the rate of one dolhir on eacli one hundred dollars valuation of the property assessed. The Supervisors in tnaking the levy shall apportion the taxes to the several funds. — As amended March 16, 1915; approved by the Legislature April 1, in 15, (Statutes, 1915). Apportionment of Revenue. Sec. 12. In making the apportionment the Supervisors shall take into account and apportion to the several funds tiie income and revenue estimated to arise during the fiscal year from licenses, fees, and other sources, but the income to pay the inter- est on the bonded indebtedness and to provide for the sinking funds shall always be jjrovidcd for out (if tlic tax oti property; 28 Charter of the City and County of San Francisco. provided, that whenever any bonded indebtedness shall have been incurred for tlie acquisition of any of the public utilities named in Article XII of this Charter, the surplus earnings of any such utility for the fiscal year may be applied upon the interest and sinkinp: fund of the bonded indebtedness of such utility for the succeeding fiscal year. — As amended November 5, 1907 ; approved by the Legislature November 23, 1907 (Statutes Special Session, 1907, page 35). Limit of Taxation. Sec. 13. The limitation in Section 11 of this Chapter upon the rate of taxes shall not apply in the case of any great necessity or emergency. In such case the limitation may be temporarily sus- pended and the rate of taxes be increased so as to enable the Super- visors to provide for such necessity or emergency. No increase shall be made to provide for such necessity or emergency in the rate of taxes authorized to be levied under Section 11 of this Chapter, unless such increase be authorized by ordinance passed by the unanimous vote of the Supervisors and approved by the flavor. The character of such necessity or emergency shall be recited in the ordinance authorizing such action, and be entered in the journal of the Board. Nor shall the limitation in Section 11 of this Chapter upon the rate of taxes apply in the case of taxes levied by ordinance passed by at least fifteen Supervisors and approved by the Mayor for any of the following purposes, to-wit: To meet the cost of elections, to pay any demands, salaries, expenses or other obligations imposed upon the City and County of San Francisco by a legislative or constitutional enactment of the State of California or of the United States : to meet any increase in demands, salaries, expenses or other obligations imposed upon the City and County of San Francisco by any measure hereafter passed by direct vote of the people of the City and County of San Francisco ; to meet the expense or cost of schools or of the school department ; to meet the cost of construc- tion and repair of streets, sewers, or of buildings for the police, fire, health or school departments or detention home; to meet the cost of maintaining public libraries and of purchasing books therefor. Provided, however, that the limitation of Section 11 of this Chapter upon the rate of taxes shall not be exceeded in any one fiscal year by more than 65 cents on each one hundred dollars valuation of the property assessed except in the case of a great necessity or emergency hereinabove mentioned or except for the purpose of meeting the cost -"f elections, or paying any demands, salaries, expenses or other obligations imposed upon the City and County of San Francisco by legislative or constitutional enactment of the State of California or of the United States, or for the pur- pose of meetiner any increase in demands, salaries, expenses or other obligations imposed upon the City and County of San Francisco by any measure hereafter passed by direct vote of the people of the City and County of San Francisco, or to meet the cost of main- Article III, Chapter II, Finance and Taxation. 29 taining public libraries and the purchase of books therefor. Noth- ing in this section shall authorize the incurring of liabilities against the treasury not allowed by law, or which cannot be paid out of the income and revenue provided, collected and paid into the proper fund as its proi^crtion of tlu^ same f(n* such fiscal year, or pennit liabilities or indclifedncss incurred in any one fiscal year to lie a charge upon or paid out of the income or revenue of any other fiscal year. — As amendrfl March 16. 1915; approved hy the Legislature April 1, 1915 (Statutes, 1915). Municipal Revenues and Bonds. Sec. 14. The Supervisors shall fix the amount of municipal revenues and provide for the collection thereof. They shall from time to time provide for the payment of the interest and principal of the bonds for which the City and County is liable. Disbursements. Sec. 15. The Supervisors shall authorize the disburscmont of all public moneys, except as otherwise specifically provided in this Charter. Surplus Money to Surplus Fund. Sec. 16. At the close of each fiscal year, if all demands against each fund have been paid or satisfied, and all disputed or con- tested demands finally adjudicated, the Supervisors shall direct the Treaurer to transfer all surplus moneys to a fund to be called the Surplus Fund, except such surplus moneys as are in the several interest and sinking funds, in the Common School Fund, in the Park Fund, the Library Fund, the Police Relief and Pension Fund, in the Firemen's Relief and Pension Fund, and in such other funds the disposition of whose surplus moneys is in this ('barter otherwise provided for. Payment of Taxes May Be Postponed. Sec. 17. The taxes levied for City and County purposes shall be payable at the times prescribed by general law and may be paid in installments and shall become delinquent at the times and iu the manner as provided by general law, but the Supervisors by an ordinance passed prior to the second Monday in October of any calendar year, may provide that tlie delinquent date of the first installment of such taxes for the then ('urrcnt fiscal year shall be post[)oned until the second Monday in January next, and when such an ordinance shall have; been j)asst'd in any calendar year the first installment of taxes for the then current fiscal year shall not become delinquent until the second Monday in January next, and any notice i)ublished by the 'i'ax (Collector shall specify the delin- quent date so postponed by ordinance of the Hoard of Supervisors. — Neiv section added hy an\evdinent March Jfi, 1915; approved hy the Legislature April i, 1915 (Slatules, 1915). CHAPTER Tl. THE SEVERAL FUNDS. Separate Funds. No Division. Section 1. The income ;ind rcvemu; paid inlo the treasury shall be at once apportioned to and kept in separate funds. It 30 Charter of the City and County of San Francisco. shall not be lawful to transfer money from one fund to another or to use the same in payment of demands upon another fund. The provisions of this section shall not apply to fees paid into the treasury and placed temporarily to the credit of the Unap- propriated Fee Fund under the provisions of Chapter III of this Article. Designation of the Several Funds. Sec. 2. The several funds in the treasury authorized by law at the time this Charter takes effect, or provided for by this Charter, shall continue therein so lon» as there shall be occasion therefor; and the moneys therein, or which may belong thereto, shall not be used for any purpose other than that for which the same were raised except as otherwise provided in this Charter. The General Fund shall consist of moneys received into the treasury and not specially appropriated to any other fund. The Park Fund shall consist of the moneys annually appor- tioned to said Fund by virtue of the tax provided for in this Charter for the maintenance, preservation and improvement of the parks, squares, avenues and public grounds of the City and County; of all moneys accruing from rents of buildings under the jurisdiction of the Park Commissioners; and of all moneys coming into the hands of said Commissioners whether from dona- tions or otherwise. Out of said Fund shall be paid all the ex- penses of every kind for the preservation, maintenance and im- provement of the parks, squares, avenues and public grounds of the City and County. The Library Fund shall consist of the moneys annually appor- tioned to said Fund by virtue of the tax provided for in this Char- ter for the maintenance of Library and Reading Rooms, and the purchase of books therefor. Out of said Fund shall be paid all the expenses necessary to the maintenance of such Library and Reading Rooms and the purchase of books therefor. Surplus Fund and Purposes for Which It May Be Used. See. 3. The Surplus Fund shall consist of the moneys remain- ing at the end of any fiscal year in any other funds (except the Common School Fund and the other funds by this Charter other- wise expressly provided for) after all valid demands, indebted- ness and liabilities against said funds incurred within such fiscal year have been paid and discharged; provided, that all disputed or contested claims payable out of such funds have been finally adjudicated. The Surplus Fund shall be used for the purposes and in the order following: 1. In payment of any final judgment against the City and County. 2. In liquidation and extinguishment, under such regulations as the Supervisors may adopt, of any outstanding funded debt of the City and County. Article 111, Chapter II, Finance and Taxation. 31 '.\. To be carried over and apportioned among the funds and used in the ensuing tiseal year as part of the income and revenue tliereof. Special Deposit Fund. Sec. 4. The Special Deposit Fund shall consist of: 1. All moneys paid into court and deposited with the Treasurer by the County Clerk. 2. All moneys received by the Public Administrator and depos- ited by him with the Treasurer. 3. All moneys deposited with the Treasurer on special deposit. The moneys in the Special Deposit Fund shall be paid out in the manner prescribed by law. Funds to Be Carried Forward. Sec. 5. Except as otherwise provided in this Charter, any moneys remaining at the end of the fiscal year in any interest and sinking fund or a fund provided by a special bond issue for a specific purpose, the Common School Fund, the Park Fund, the Library Fund, the Firemen's Relief and Pension Fund, Police Relief and Pension Fund, and the Public Building Fund shall be carried forward and apportioned to said respective funds for the ensuing fiscal year. Payment of Unpaid Demands. Sec. G. Any demand against the treasury or against any fund thereof remaining unpaid at the end of the fiscal year for lack of money applicable to its payment, may be paid out of any money which may subsequently come into the proper fund from delin- quent taxes or other uncollected income or revenue for such year. Such demands shall be paid out of such delinquent revenue, when collected, in the order of their registration. Redemption of Outstanding Bonds. Sec. 7. Wlion there shall be to the credit of any sinking fund in the treasury a sum not less than twenty thousand dollars which may be applied to the redemption of any outstanding lionds to which such fund is applicable, which are not redeemable before their maturity, it shall be the duty of the Mayor, Auditor and Treasurer to advertise for thirty days, inviting proposals for the surrender and redemption of the bonds. After such advertisement the money in such Sinking Fund, or such portion thereof as may be required therefor, shall l)o awarded to the persfm or persons offering to surrender said bonds for the lowest price. Upon such award, when duly audited, the Treas- urer .shall, upon the .surrender of the bonds, i)ay the amount to the person or persons to whom the same was awarded. No bid for the surrender of any of the bonds shall l)e accepted which shall require a greater sum of money for their redemption Ihan the then worth of the principal and interest of the bonds, calculated with interest, not exceeding four per centum per annum. :V2 Charter of the Cihj and County of San Francisco. City May Purchase. Sei'tion 7;i. All fi'anehises for street railways or franchises for rnilw.iys crossini; any street crrantod under this Charter shall be subject to the rip:ht of the City and County, upon the payment therefor of a fair valuation plus the bonus hereinafter mentioned to purchase and take over the tangible property and plant includ- ing leases ot any real property necessary to such plant owned by the grantee of any franchise granted under this Charter, his or its successors or assigns and used in the exercise of such franchise. S^uch valuation shall not include any value of the franchise, or right of way through the streets or any earning power of such property. The valuation shall include as part of the costs of the plant, interest on actual investments during the period of con- struction prior to the commencement of operation. If the pur- chase be made within ten years from the time the franchise is granted, the City and County shall pay to the grantee, his or its successors or assigns, in addition to the amount of such valuation, a sum or bonus not less than ten per centum nor more than twenty per centum in the discretion of the arbitrators hereinafter pro- vided for, of the actual cost of construction of the road and of the actual cost of all other tangible property owned by the grantee, his successors or assigns, in use, and usable for the purposes for which the franchise was granted. If the purchase be made more than ten years after the granting of the franchise then the said bonus shall be ten per cent. Such valuation shall be made and the proceedings therefor initiated upon call for the same by ordi- nance passed by the Board of Supervisors or the electors. On the passage of such an ordinance the Mayor shall within thirty days appoint two arbitrators and forthwith notify the owner of said franchise of their appointment by written notice addressed as follows: "To the owner of the franchise for (inserting the name of the franchise)" and left at the office of the company operating or owning the said franchise; and call upon such owner in such notice to appoint within thirty days two arbitrators and notify the j\Iayor of their appointment. Such arbitrators shall meet and appoint a fifth arbitrator and shall make the valuation pro\T[ded for herein. In the event that such arbitrators shall be unable to agree on a fifth member within ten days from the date of the appointment of the last arbitrator so appointed, they shall request the Justices of the Supreme Court of California to name one of their number to act as such arbitrator. If the said Justices refuse, or fail for fifteen days, to appoint one of their number to serve as such fifth arbitrator, then each of the arbi- trators theretofore appointed shall propose a person to serve as such fifth arbitrator. The names of the persons so proposed shall be written on slips, and at a time and place designated not less than twenty-four hours in advance by the Mayor, one slip shall be drawn by lot by the I\Iayor in open meeting, in the same manner that the names of jurors are drawn from the jury box, and the Article III, Chapter III, Finance and Taxation. 33 person whose name is so drawn shall be the fifth member of the Board of Arbitration. If the arbitrators for the owner of the franchise refuse or neglect for five days to propose such names the JMayor shall act as fifth arbitrator. The life of no franchise granted under this Charter shall extend beyond thirty days after such notice to the owner of the franchise shall have been served as above, unless he shall have appointed such two arbitrators within such period. If any arbitrator shall die, be declared incompetent, absent himself from the State or otherwise become unable to act on such board, the vacancy shall be filled in the manner in which he was originally appointed. Upon the filing of the decision of said arbitrators, the Board of Supervisors shall submit to the qualified voters in the manner provided for the acquisition of any public utility, the acquisition of said franchise, plant and property and the issuance of bonds for payment therefor. If two-thirds of the electors voting on the proposition shall approve the same, then and not otherwise, the amount of the valuation so determined and any bonus payable hereunder, shall be paid to the owner of said franchise and railroad as soon as said bonds are sold and the prop- erty and plant shall become the property of the City and County. Such bonds may, with the consent of the owner and at the discre- tion of the Boai-(l of Supervisors, be taken at not less than par by the said owner in i)ayment for said utility. The Mayor shall tender such moneys or the said bonds to said owner and unless within ten days thereafter he shall accept the same, and transfer said prop- erty to the City and County, the said franchise shall thereupon ex- pire and all liability of said City and County to pay the above money or bonds or any sum whatsoever for such properties shall cease. Upon the acceptance of such money or bonds, the said franchise shall be extinguished. Wages and Hours of Employees. Sec, 7b. Every franchise shall provide that employees of tlie [x'rson or company or corporation operating a sti'eet railroad sball l)e paid not less than $.3 a day and that eight hours sball It llu' maximum hours of labor in any calendar day, the same to be coinpleted within ten hours. Provided, that nothing in this sec- tion shall be construed to prohibit overtime employment, wages for such employment to be paid at one and one-half times the said rate of wages proportionate to each hour of such extra service. Penalties. Sec. 7c. Failure to comply with any of the conditions pre- scribed by this Charter, or any otber lawful conditions wliicli may be inserted in the grant of franchise, shall work an innncdiatc for- feiture of llic franchise and the road and track constructed there- under. Tiicre shall be no power in the lioard of Supervisors to [Note — Sections 7a, 7b and 7c were probably Intended as amendments to ChaiJter II, Article II, but tho petition cailiiiR for thoir BubmisHion pxpressly Htuted that th«!y were to be uddod to c;imptor II of Article Ill.l :U Charter of the Citjj aud County of San Francisco. relieve from sueli forfeiture or from any such condition. — Sections 7a, 7b and 7c added, by amendment November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661). CHAPTER III. THE CUSTODY OF PUBLIC MONEYS. All Moneys to Be Paid Into the Treasury. Disbursement. Section 1. All moneys arising from taxes, licenses, fees, fines, penalties and forfeitures, and all moneys which may be collected or received by any officer of the City and County, or any depart- ment thereof, in his official capacity, for the performance of any official duty, and all moneys accruing to the City and County from any source, and all moneys directed by law or this Charter to be paid or deposited in the treasury, shall be paid into the treasury. All officers or persons collecting or receiving such moneys must pay the same into the treasury. No officer or person other than the Treasurer shall pay out or disburse such moneys, or any part thereof, upon any allowance, claim or demand. No Fees Allowed to Salaried Officers or Employees. Sec. 2. Salaried officers shall not receive nor accept any fee, payment, or compensation, directly or indirectly, for any services performed by them in their official capacity, nor any fee, pay- ment, or compensation, for any official service performed by any of their deputies, clerks, or employees, whether performed during or after official business hours. No deputy, clerk, or employee of such officers shall receive or accept any fee, compensation or pay- ment, other than his salary as now or hereafter fixed by law, for any work or service performed by him of any official nature, or under color of office, whether performed during or after official business hours. All Fees to Be Paid to Treasurer. Sec. 3. Everj^ fee, commission, percentage, allowance, or other compensation authorized by law to be charged, received, or col- lected by any officer for any official service, must be paid by the officer receiving the same to the Treasurer in the manner herein provided. Daily Delivery of Fees to Treasurer. Sec. 4. It shall be the duty of every officer authorized by law to charge, receive or collect any fee, commission, percentage, allow- ance, or compensation for the performance of any official service or duty of any kind or nature, or rendered in any official capacity, or by reason of any official duty or employment, to deliver the same to the Treasurer at the expiration of each business day. The Treasurer shall thereupon deliver to such officer a receipt for the money so paid, which shall show the amount of money received, the day and hour when paid, the name of the officer paying the same, the nature of the service performed, and the name and official designation of the person by whom the service was per- Article III, Clmpter III, Finance and Taxation. 35 formed; and like entries shall be made upon the stiih of such receipt, which shall be kept by the Treasurer. The Treasurer shall place all such moneys in a fund to be desiofnated the "Unap- portioned Fee Fund," which is hereby created, and shall keep such fund as other funds in the treasury are kept, and shall be liable on his official bond for all money so received. Official Receipts. Sec. 5. The Auditor or other proper officer must prepare and deliver from time to time to the Treasurer, and to every officer authorized by law to charfje any fee, commission, percenta«]:e, allowance, or compensation, for the performance of any official service or duty, as many official receipts as may be required, charjsfino: therewith the Treasurer or other officer receiving: them. Such official receipts must be bound into books containing: not less than one hundred such receipts, and numbered consecutively, bepfinning: with number one in each class required for each officer for each fiscal year, and provided with a stub correspondincr in number with receipt. "When the books containing: receipts are. exhausted by the officer receiving them, he shall return the stubs thereof to the Auditor or other proper officer, in whose custody they shall remain thereafter. Treasurer's Receipts. See. f). When a receipt, as herein provided, is issued hy the Treasurer, he must state therein the date of payment, tlie name of the person making the payment, the amount of such payment, the nature of the service for which the charge is made, and the name and official designation of the officer performing the service, and shall makn corresponding entries on the stub of each receipt. Receipts of Other Officers. Sec. 7. When any receipt is issued by any officer otlier than the Treasurer as herein provided, lie shall state therein the day and hour of the delivery to him of the Treasurer's receipt, the nature of the service therein (lesoril)cd, and tlie amount charged tlierefor. and the name of the person by wliom sucli receipt is delivered to him. and shall make corresponding entries on the stub to which such receipt is attached. Treasurer's Monthly Report. Sec. 8. On the first day of cacli month Ww. Treasurer must make to the Auditor a report under oath of all moneys receiv(>d by him during the preceding month, showing the date and num- ber of the receipt on which the money was received, the amount of each payment, by whom paid, th(> nature of the service, and the name and official designation of the officer performing the service. At the same lime, or oftener, if req\iired hy the vNuditor, the Treasurer shall exhibit to the Auditor all official receipts re- ceived by him during the previous month, and all official receipts remaining in his hand.s, unused or not issued, at the clo.so of busi- ness on the last day of the preceding month. 36 Charter of the City and County of San Francisco. Monthly Reports and Exhibits of Officers. See. 9. On the first day of each month every officer authorized by law to chargre any fee, commission, percentage, allowance or compensation, must make to the Auditor a report under oath of all official receipts issued by him during the preceding month, showing the date and number of each receipt, to whom issued, the nature of the service for which the charge was made, and the amount of such charge; and must at the same time or oftener, if required, exhibit to the Auditor, or other proper officer, all the Treasurer's receipts deposited with him during the preceding month, and all receipts remaining in his hands, unused or not issued, at the close of business on the last day of each preceding month. Settlement of Accounts. Sec. 10. Upon receiving the reports prescribed by sections eight and nine of this Chapter, the Auditor shall examine and set- tle the accounts of each officer, and apportion such moneys to the fund or funds to which they are appropriated by law, and certify such apportionment to the Treasurer, who shall thereupon trans- fer from the ''Unapportioned Fee Fund" the amounts so certified, and credit each fund entitled thereto with the proper amount so apportioned. Mileage. Monthly Statements. Sec. 11. Every officer who is by law allowed to charge and collect mileage for the service of process, or other like service, shall at the end of each month prepare and deliver to the Auditor a statement showing each process served, the title of the cause, the name of the deputy or other subordinate officer who made the ser^-ice, the number of miles actually traveled in making such service, the exact day w^hen such service was made, and between Avhat hours of the day, and such statement shall be verified by the oath of such officer. The Auditor shall examine such statement, and issue his warrant upon the Treasurer for such amount of money as will reimburse such officer for his lawful expenses in making such service. Such warrant shall be paid by the Treas- urer, without further approval, out of the " Unapportioned Fee Fund." No extra mileage shall be charged or allowed for service of two or more processes served on the same trip by the same deputy or deputies, except for extra mileage actually traveled in serving additional process. All mileage charged in violation of this section shall be disallowed by the Auditor, and all amounts disallowed for any reason shall be apportioned as other moneys in the " Unapportioned Fee Fund." Employment of Extra Assistants. Sec. 12. When an officer, legally authorized to employ a per- son other than one of his deputies or assistants at a stated com- pensation fixed by law, has employed such person, and in pursu- ance of such employment such person has rendered the service Article III, Chapter III, Finance and Taxation. 37 for which he was employed, such officer shall, at the end of each month, prepare and deliver to the Auditor a statement verified by the oath of such officer, showing the case or instance in which such service was performed, for whom performed, the name of the person so employed, by whom the service was performed, the amount of the charge therefor, the time actually employed in per- forming such service, and the dates of the beginning and ending of the period during which such person was so employed. The Auditor shall thereupon examine such statement, and if he finds the same correct, he shall audit and allow the verified demand of such person so employed and performing the service for the sum or sums so earned by him for such service, and the Treasurer shall pay such demand so audited and allowed, without further approval, out of the "Unapportioned Fee Fund." Allowance of Salaries Fixed by Law. Demands Against Common School Fund. Sec. 13. The demand of the Auditor for his monthly salary shall be audited and allowed by the IMayor. All other demands on account of salaries fixed by law, ordinance, or this Charter, and made payable out of the treasury, may be allowed by the Auditor without any prenous approval. All demands payable (tut of tli<> Cninnion School Fund must, before they can be allowed (»r paid, be previously approved by the Board of Education. De- mands payable out of the treasury for salaries, wages, or com- pensation of deputies, clerks, assistants, or employees, in any office or department, must, before they can be audited or paid, be first approved in writing by the officer, board, department or authority under whom, or in which, such demand originated. All other demands payable out of any funds in the treasury, must, before they can be allowed by the Auditor, or recognized, or paid, be first approved by fhe department, board or officer, in which the .same has originated, and in all such cases must be approved by the Supervisors. Every demand against the City and County sli.ill, in addilion to the other entries and indorsements upon the same rociuired by this Charter, show: 1. The ordinance or authorization under which the same was allowed. 2. The name of the board, depart- ment or authority authorizing the same. 3. Tlie fiscal year within which the indebtedness was incurred. 4, The appropriation pro- vided to meet the demand. 5. The name of the specific fund out of which tiic demand is payable. Each demand shall have written or printed upon it a statement that the same can only be paid out of the incf)me and revenue provided, collected and paid into the proper specific fund in the treasury for the fiscal year within which the indebtedness was incurred, and shall refer to Chapter II of this Article, and be numbered with reference to the fund out of which it is payable. Sec. 14. Whenever any per.siwi lias, or has received, moneys or other personal property belonging to the (^ity and County, or 215441 38 Charter of the Cifj/ and County of San Francisco. has ]>i>en intrusted witli the eollection, nianagement or (lisl)urse- nient ot" any moneys, lionds, or intei-est acf-ruin*; therefrom, belong- inir to or liehl in trust by the City and County, and fails to render an aeeount thereof to, and make settlement with, the Treasurer within the time prescribed by law; or, when no par- ticular time is specified, fails to render such account and make such settlement, or who fails to pay into the treasury any moneys lielontrintr to the City and County upon being required to do so by the Auditor, Avithiu twenty days after such requisition, the Auditor nuist state an account with such person, charging twenty- tive per centum damages, and interest at the rate of ten per centum per annum from the time of such failure. A copy of such account in any suit therein is prima facie evi- dence of the things therein stated. In case the Auditor cannot for want of information state an account, he may in any action brought by him aver that fact, and allege generally the amount of money or other property which is due to or which belongs to the City and County. The City Attorney must prosecute all ac- tions that may be brought under this section within ten days after notification by the Auditor. CHAPTER IV. PAYMENT OF CLAIMS. Monthly Payment of Salaries. Limitation Upon Demands. Revival of Claims. Section 1. The salaries and compensation of all officers, includ- ing policemen and employees of all classes, and all teachers in the public schools, and others employed at fixed wages, shall be payable monthly. Any demand upon the treasury accruing under this Charter shall not be paid, but shall be forever barred by lim- itation of time, unless the same be presented for payment, prop- erly audited, within one month after such demand became due and payable; or, if it be a demand which must be passed and approved by the Supervisors or Board of Education, or by any other Board, then within one month after the first regular meet- ing of the proper Board held next after the demand accrued; or, unless the Supervisors shall, within six months after the demand accrued as aforesaid, on a careful examination of the facts, resolve that the same is in all respects just and legal, and the presenta- tion of it, as above required, was not in the power either of the original party interested or his agent, or the present holder, in which case they may by ordinance revive such claim ; but it shall be barred in the same manner unless presented for payment within twenty days thereafter. No valid demand arising subsequent to the claim which may be revived as aforesaid shall be rendered invalid by reason of such revival exhausting the fund out of which subsequent claims might otherwise be paid. Such revived claim shall take rank as of the day of its revival. Article IV, Chapter I, Executive Department. 39 ARTICLE IV. EXECUTIVE DEPARTMENT. CHAPTER I. THE MAYOR. Qualifications. Term. Salary. Appointees in His Office. Salaries. Section 1. The chief executive officer of tlie City and County shall be designated the ]\rayor. He shall be an elector of the City and County at the time of his election, and must have been such for at least five years next preceding such time. He shall be elected by the people and hold office for two years. He sliall receive an annual salary of six thousand dollars. He may ajipoint a Secretary, who sliall receive an amiual salary of twenty-four hundred dollars; an usher, who sliall receive an annual salary of nine hundred dollars; and a stenot>:rapher and type-writer, who shall tccpive an annual salary of nine hundred dollars. All of said api)ointees shall hold their i>ositions at the jilcasure of tli<' Mayor. Mayor's Duties. Sec. 2. The Mayor sliall vigilantly observe the oflficial conduct of all jniblic officers and the manner in which they execute their duties and fulfill their oliligations. The books, records and official papers of all dejjartnients. officers and jiersons in the employ of the C'ity and County shall at all times be open to his inspec- tion and examination. He shall take special care that the books and records of all departments, boards, officers and persons are kept in ]("^:\] and proper form. When any official defalcation or wilful neglect of duty or official misconduct shall come to his knowledge, he shall suspend the delin(|ii('iit officer or jjcrsim from office pending an official investigation. The Mayor shall from time to time reconiiiieiid 1o the proper officers of the different departments such measures as lie may deem ))eneficial to public interest. He shall see that the laws of the State and ordinances of tlie City and County are observed and enforced. He shall iiave a general supervision over all the departments and public institutions of the ('ity and County, and see that they are honestly, economically and lawfully conducted, and shall have the right to attend the meetings of any of the Boards provided for in this Charter, and offer suggestions at such meetings. He shall take all proper measures for the preser- vation of i)ublic order and the sui)i)res,sion of all riots and tumults, for which purpose he may u.se and command the police force. If such pftlice force is insufficient, lie shall call ujion the ({overnor for military aid in the manner pr(»vided by law, so that such riots or tumults may be i)romptly and effectually suppressed. 40 ('lidflrr of the ('ih/ and Cnuniy of San Francisco. Execution of Public Contracts and Agreements. Actions to Annul For- feited Franchises. Postpone Franchises. Sec. 3. The IMnyor shall see that all contracts and ac:rcements with the City and County are faithfully kept and fully per- formed. Tt shall be the duty of every officer and person in the employ or service of the City and County, when it shall come to his knowledge that any contract or agreement with the City and County, or with any officer or department thereof, or relating to the business of any office, has been or is about to be violated by the other contracting party, forthwith to report to the Mayor all facts and information within his possession concerning such matter. A wilful failure to do shall be cause for the removal of such officer or employee. The Llayor shall give a certificate on demand to any person reporting such facts and information that he has done so, and such certificate shall be evidence in exonera- tion from a charge of neglect of duty. The Mayor must institute such actions or proceedings as maj"^ be necessary to revoke, cancel or annul all franchises that may have been granted by the City and County to any person, com- pany or corporation which have been forfeited in whole or in part or which for any reason are illegal and void and not binding upon the City. The City Attorney, on demand of the Mayor, must institute and prosecute the necessary actions to enforce the provisions of this section. The Mayor shall have power to postpone final action on any franchise that may be passed by the Supervisors until such pro- posed franchise shall be ratified or rejected by a majority of the votes cast on the question at the next election. Offices and Vacancies Not Provided in Charter. Sec. 4. The Mayor shall appoint all officers of the City and County whose election or appointment is not otherwise specially provided for in this Charter or by law. When a vacancy occurs in any office, and provision is not otherwise made in this Charter or by law for filling the same, the Mayor shall appoint a suitable person to fill such vacancy, who shall hold office for the remainder of the unexpired term. Ex-Officio President of Supervisors. ^ Sec. 5. The Mayor shall be President of the Board of Super- visors by virtue of his office. He may call extra sessions of the Board, and shall communicate to them in Avriting the objects for which they have been convened; and their acts at such sessions shall be confined to such objects. President Pro Tern. Vacancy in IViayoralty. Sec. 6. When and so long as the Mayor is temporarily unable to perform his duties, a member of the Board shall be chosen President pro tempore, who shall act as such Mayor. When a Article IV, Chapter II, Executive Department. Al vacancy occurs in the office of Mayor, it shall be filled for the unexpired term by the Supervisors. CHAPTER II. THE AUDITOR. Auditor: Qualifications. Term. Salary. Duties. Section 1. The head of the Finance Department of the City and County shall be designated the Auditor. He shall be an elector of the City and County at the time of his election and must have been such for at least five years next preceding snch time. He shall be elected by the people and hold office for two years. He shall receive an annual salary of four thousand dol- lars. The Auditor must always know the exact condition of the treasury and every demand upon it. He shall be in personal at- tendance at his office daily during office hours. He shall be the general accountant of the City and County, and shall receive and preserve in his office all accounts, books, vouchers, documents and papers relating to the accounts and contracts of the City and County, its debts, revenues and other financial affairs. He shall give information as to the exact condition of the treasury and of every appropriation and fund thereof, upon demand of the Mayor, the Super^dsors, or any committee or members thereof. Appointees. Qualifications. Salaries. Sec. 2. The Auditor shall appoint a Deputy Auditor, who shall possess the qualifications required of the Auditor, and who shall receive an annual salary of twenty-four luindred dollars. The Auditor may also appoint two assistant deputies, who shall each receive an annual salary of fifteen hundred dollars, and two clerks, who shall each receive an annual salary of twelve hundred dollars. He may employ such number of extra clerks during the time their services may be necessary for the lawful discharge of his official duties, as the Board of Supervisors may designate. Such extra clerks shall each receive a salary not to exceed one hundred dollars a month for the time they shall be actually em- ployed. The Auditor shall be allowed to expend not exceeding eightoon hundred dollars a year for counsel and attorney's fees. Demands Must Be Audited. Sec. 3. The Auditor shall keep an account of all moneys paid into and out of the treasury, and the 'JVcasurcr shall pay no money out of the treasury cxccpl upon dcinand approved by the Auditor. Any ordinance or law providing for the iiayincnt of any demand out of the treasury or any fund thereof (whether from pultlie funds or from private funds deposited therein) shall always be ecmstrued as requiring the auditing of such (h-mand by the Au- ditor before the same be paid. 42 Cltorfer of the City and County of San Francisco. Demands to Be Numbered and Recorded. Sec. 4. He shall number and keep an official record of all de- mands aiulitod l)y him, showing the number, date, amount, name of the orisrinal holder, on what account allowed, against what appropriation drawn, out of what fund payable, and, if previously ajiproved or aHowed, by what officer, department or board it has been so approved or allowed. It shall be misconduct in office for the Auditor to deliver a demand with his official approval until this requirement shall have been complied with. Approval of Demands. Sec. 5. The Auditor shall approve no demand unless the same has been allowed by every officer, board, department and com- mittee required to act thereon. Auditor Must Deduct Debits from Demands. Sec. 6. No demand shall be allowed by the Auditor in favor of any corporation or person in any manner indebted to the City and County, except for taxes not delinquent, without first deduct- ing the amount of any indebtedness of which he has notice; nor in favor of any person having the collection, custody or disburse- ment of public funds, unless his account has been presented, passed, approved and allowed as herein required; nor in favor of any officer who has neglected to make his official returns or reports in the manner and at the time required by law, ordinance, or the regulations of the Supervisors; nor in favor of any officer who has neglected or refused to comply with any of the provi- sions of law regulating his duties, nor in favor of any officer or employee for the time he shall have absented himself without legal cause from the duties of his office during office hours. The Auditor must always examine on oath any person receiving a sal- ary from the City and County touching such absence. The Auditor may require any person presenting for settlement an account or claim for any cause against the City and County to be sworn before him touching such account or claim, and when so sworn, to answer orally as to any facts relative to the justice of such account or claim. Moneys placed in the Special Deposit Fund shall not be subject to the provisions of this section. Demands IVIust Be Indorsed by Auditor. Sec. 7. Every demand upon the Treasurer, except the salary of the Auditor, must before it can be paid, be presented to the Auditor, who shall satisfy himself whether the money is legally due, and its payment authorized l)y law, and against what appro- priation payable and out of what fund it is payable. If he allow it, he shall endorse upon it the word "Allowed," with the name of the fund out of which it is payable, and the date of such allow- ance, and sign liis name thereto. No demand shall be approved, allowed, audited or paid unless it specify each special item, date Article IV, CJmpter III, Executive Department. 43 and amount composing it, and refer by chapter and section to the provisions of this Charter authorizing the same. Register of Warrants. Sec. 8. The Auditor shall keep a register of warrants, showing the funds upon which they are drawn, the number, in whose favor, for what service, the appropriation applicable to the pay- ment thereof, when the liability accrued, and a receipt from the person to whom the warrant is delivered. He shall not allow any demand out of its order, nor give priority to one demand over an- other dra^vn upon the same specified fund, except for the purpose of determining its legality. CHAPTER III. THE TREASURER. Treasurer: Qualifications. Term. Salary. Appointees. Salaries. Section 1. There shall be a Treasurer of the City and County, who shall be an elector of the City and County at the time of his election and who must have been such for at least five years next preceding such time. He shall be elected by the people, and hold his office for two years. He shall receive an annual salary of four thousand dollars, which shall be in full compensation for all his services. He may appoint a chief deputy, who shall receive an annual salary of twenty-four hundred dollars, two assistant dep- uties, who shall each receive an annual salary of eighteen hun- dred dollars, and one clerk, who shall receive an annual salary of twelve hundred dollars. Duties of Treasurer. Deposit of Public Funds and Procedure Therefor. Sec. 2. The I'rcasurer shall receive and safely keep all moneys which shall be paid into the treasury. Except as hereinafter provided, he shall not lend, exchange, use nor deposit the same, or any part thereof, to or with any bank, banker or person ; nor pay out any part of such moneys, nor allow the same to pass out of his personal custody, except upon demands authorized by law or this Charter, and after lliey sliall liave been approvcil by tlii- Auditor. At the close of business each day, he shall lake an a< count of and enter in the proper book the exact amount of mone} on hand. At the end of every month he shall make out and file with the Mayor and publish quarterly in the ofiieial newspaper a statement of the condition of the treasury, showing the amounts of receipts into and payments from the treasury, and on what account, and out of what fund. If he violate any of the provi- sions of this section, he shall he guilty of jniscoriduct in oni(;e, and be liable to removal therefrom, and l)e proceeded against accordingly. He shall keep the accounts belonging to each fund separate and distinct, and shall in no case pay demands diarge- ahle against one fund out of rnoney^ belonging to another. Tie 44 CJiartcr of the City and County of 8a7i Francisco. shall be in personal attendance at his office each day during office hours. No fees of any kind shall be retained by him, but the same, from whatever source received or derived, shall be paid by liim into the treasury. All moneys paid into the treasury of the City and County may be deposited by the Treasurer, upon the written consent of the Mayor, in any licensed national bank or banks, within this State, or in any bank, banks or corporations authorized and licensed to do a banking business, and organized under the laws of this State, provided that such bank or banks in which such moneys are de- posited shall furnish as security for such deposits, bonds of the ll^nited States or of this State, or of any County, Municipality or School District within this State, approved by the Treasurer and the City Attorney. The market value of the bonds furnished as security, shall be at least 10 per cent in excess of the amount of the deposit secured thereby; but the amount of the deposit shall in no case exceed the face value of the bonds furnished as security therefor. And provided that such bank or banks shall pay a rea- sonable rate of interest, not less than 2 per cent per annum, on the daily balances therein deposited. The rate of interest shall be fixed annually as herein provided in the month of January of each year on all deposits to be made for such year; provided that the rate of interest for the year end- ing December 31st, 1907, may be fixed as herein provided within ten days after this section goes into effect. The rate of interest shall be fixed by the Treasurer, the Auditor and the Mayor, and the same reported in writing to the Board of Supervisors imme- diately. Said rate of interest shall be a reasonable rate and not less than 2 per cent per annum on the daily balances deposited: and the rate of interest so established for each year as herein provided, shall be the uniform rate of interest required from all banks receiving deposits from the City and County for that year. Interest on all moneys deposited as herein provided for shall be- long to the City and County and shall be paid quarterly into the general fund of the City and County except where the law of this Charter otherwise directs. It shall be the duty of the Treasurer to receive from the bank in which the deposit is made, a receipt or receipts in duplicate, showing the date and amount of deposit and rate of interest to be paid thereon, one copy of which said Treasurer shall keep on file in his office and he shall file one copy with the Auditor. The Treasurer shall keep a record in his office, which shall be open to public inspection, showing at all times the amount of money on deposit in all banks in which the same is deposited, and dates of deposit; also a record of all banks making application for the deposit of the public funds. The total amount of public moneys on deposit in any bank shall not at any time exceed 50 per cent of the paid-up capital stock Article IV, Chapter III, Executive Department. 45 of such depository bank or banks. The Treasurer shall not have on deposit at any one time more than 10 per cent of the public moneys under his control and available for deposit in any bank while there are other qualified banks requesting such deposits; provided, that the Treasurer shall not be required to deposit pub- lic moneys in any bank outside the City and County. The receipt issued by any bank for deposits made therein, to- gether with the bonds held as security therefor, shall be held by the Treasurer and be recognized and counted as cash to the amount recited in tlie receipt by the officers required by law to count the same. Deposits, with interest thereon, shall be subject to withdrawal on demand of the Treasurer, conjointly with that of the IMayor, and any bank receiving the deposit of pu])lic moneys, may, at any time, return the same to the Treasurer, together witli interest to date of return, and it shall be the duty of the Treasurer, upon receiving the return of such deposit, to immediately return to such bank all bonds held as security for the deposit returned. When the Treasurer withdraws his deposit, he shall return, on the de- mand of the bank, such bonds as were held as security for the deposit or portion thereof withdrawn. Should any bank fail to pay any public moneys held on deposit as herein provided, the Treasurer (with the written consent of the Mayor) may, after ten days' written notice to such l)ank. proceed to sell at public or private sale such of the bonds lield by him as security as he may see fit; provided, however, that ho shall sell no bonds for less than their face value except at pul)lic sale, after ten days' printed notice in the official newspaper. The pro- ceeds of such sale, after paying all expenses, shall be credited to the account of the bank, which deposits the bonds as eollatoral. Any bank failing to make payment may, at any time before the sale of the bonds is completed, stop such sale by repaying all the moneys deposited with it, together with any expense that may have been incurred l)y the Treasurer as the result of such failure. Should the proceeds of any such sale fail to fully refiny any (lef)osit, the balance remaining unpaid may be collected iti ;iii action at law in the name of the City and County. The Treasurer shall not be responsible for any loss of public moneys resulting from the deposit thereof when made in accord- iiiice with the provisions of this act. It sluill })o. the duly of the Treasurer to safely keep all evidence of indebtedness issued by banks for dei)osits made therein and bonds deposited as security and the Treasurer shall be responsible for such evidence of in- debtedness and for bonds held as security therefor, together with the interest thereon and the proceeds of any sale of such bonds; ;md th(^ Trciisurcr shall be responsihje to such bank for the safe return of the securities furnished by it to the Treasurer. 46 Charter of the City and County of San Franciseo. The expenses of transportation of moneys to or from the treasury to such depositaries shall be borne by such depositaries. Nothing: in this section contained shall prevent the City and County from buying bonds or otherwise investing its money in any manner now provided by law or this Charter and nothing herein contained as to the disposition of interest and public mon eys deposited shall apply to any money received or held by the City and County wherein any law or this Charter provides for the payment of interest or profit thereon into any particular fund. — As amended Novemher 5, 1907 ; approved by the Legislature Xoirmber 22, 1907 (Statutes Special Session, 1907, page 18). Joint Custody Safe. Auditor and Treasurer Joint Custodians. Sec. 3. For the better security of the moneys in the treasury, there shall be provided a joint custody safe in which shall be kept the moneys of the City and County. Said safe shall have two combination locks, neither one of which alone will open the safe. The Treasurer shall have the Imowledge of one combination and the Auditor of the other. The Auditor shall be joint custodian with the Treasurer of all funds in the joint custody safe; but shall have no control over them except to open and close the safe in conjunction with the Treasurer, when requested to do so in his official capacity, and shall not be held responsible on his offi- cial bond for any shortage which may occur in the treasury. The gold shall be kept in bags containing twenty thousand dol- lars each, and the silver in bags containing one thousand dollars each. To each bag shall be attached a tag showing the nature and amount of coin contained therein. Each bag shall be sealed with the seal of each custodian. There shall be kept in the safe a joint custody book, showing the amount and description of all funds in the safe, and when- ever any amounts are withdrawn, the Auditor and Treasurer shall make the proper entry in the joint custody book and initial the same. If on account of sickness or urgent necessity the Auditor is unavoidably absent the Deputy Auditor shall perform his du- ties. The estimated amount of money required daily for the pay- ment of demands against the treasury shall be taken from the joint custody safe and kept in another safe ; and the money therein shall be balanced daily at the close of business hours. Original and Duplicate Receipts. Sec. 4. The Treasurer, on receiving any money into the treas- ury, shall make out and sign two receipts for the money. Such receipts shall be alike, except upon the face of one of them shall appear the word "Original," and upon the face of the other shall appear the word "Duplicate." Such receipts shall be numbered and dated, and shall specify the amount, on what account and from what person or officer received, and into what fund or on what account paid. The Treasurer shall enter upon the stubs of Article IV, Cliapter IV, Executive Department. 47 such receipts a memorandum of the contents thereof, and deliver the receipt marked "Original" to the person or officer paying such money into the treasury, and forthwith deliver the receipt marked "Duplicate" to the Auditor, who shall write upon its face the date of its delivery to him, and charge the Treasurer with the amount specified therein, and file the receipt in his office. Demands Must Specify Items. Unauthorized Demands. Sec. 5. No demand shall l)e paid by the Treasurer unless it specify each several item, date and amount composing it, and refer by title, date and section to the laAv, or ordinance or pro- vision of this Charter authorizing the same ; but the allowance or approval of the Auditor, or of the Supervisors, or of any depart- ment, board or officer, of any demand which is not authorized by law or this Charter, and which upon its face appears not to have been expressly made payable out of the funds to be charged there- with, shall aiford no warrant to the Treasurer for paying the same. Cancellation of Paid Demands. Register of Unpaid Demands. Sec. 6. Every lawful demand upon the treasury, audited and allowed as in this Charter required, shall in all cases be paid upon presentation, if there be sufficient money in the treasury applic- able to the payment of such demand, and on payment cancelled with a punch, cutting the word "Cancelled" therein, and the proper entry thereof made. If, however, there be not sufficient money so applicable, then it shall be registered in a book kcj^t for that purpose by tlie Treasurer. Such register .shall sliow the special number given by the Supervisors or other authority and also by the Auditor to each demand presented, also when pre- sented, the date, amount, name of original holdei-, and on what account allowed and against what ap|)ro])riation di-awn and out of what specific fund pa.val)le. All demands shall Ix^ paid in the order of their registration. Each (leiuaud ujxin l)eing so registered shall be returned to the party presenting it, with the endorsement of the word "Registered," and dated and signed by the Treasurer; but the registration of any demand shall not operate to recognize or make valid such demand if incurred contrary to any of the provisions of this Charter. CTTArTER TV. THE ASSESSOR. Assessor's Term, Salary, Appointees and Salaries. Section 1. Thcr(! shall be an Assessor of llic Cily and County, who shall be an clcfjtor of the CWy and Counly at the time of his election, and who iinist have been such for at least tiv(' years next preceding such tinii". He shall be elected by the pe()[)le and hold office for four years. He shall receive an annual salary of eight thousand dollars, which shall be in full compensation for all his services. He nuiy appoint a chief deputy, who shall receive 48 Charter of the City and County of San Francisco. an annual salary of twenty-four liundred dollars; one cashier, who sliall roeeive an annual salary of eighteen hundred dollars; six assistant deputies, who shall receive an annual salary of eighteen luiiulred (loUars each; twenty-one clerks, who shall each receive an annual salary of twelve hundred dollars; and during four months of the year not more than one hundred clerks, who shall each be paid at the rate of not more than one hundred dollars a month during the time of their employment. — As amended De- cember 4, 1902; approved by the Legislature February 5, 190.1 (Statutes 1903, page 586). Duties. Sec. 2. The Assessor shall assess all taxable property within the City and County at the time and in the manner prescribed by the general laws of the State. CHAPTER V. THE TAX COLLECTOR. Tax Collector: Qualifications. Term. Salary. Appointees. Salaries. Extra Clerks. Compensation. Section 1. There shall be a Tax Collector of the City and County, who shall be an elector of the City and County at the time of his election and who must have been such for at least five years next preceding such time. He shall be elected by the people and hold office for two years. He shall receive an annual salary of four thousand dollars, which shall be in full compensation for all his services. He may appoint one chief deputy, who shall receive an annual salary of tw^enty-four hundred dollars; one cashier, w^ho shall receive an annual salary of twenty-four hun- dred dollars; fifteen deputies, who shall each receive an annual salary of fifteen hundred dollars ; and extra clerks, who shall each be paid at the rate of not more than one hundred dollars a month during the time of their employment, but the total amount of payment for such extra clerks shall not exceed thirty-six thousand dollars a year. Tax Collector's Powers and Duties. Sec. 2. The Tax Collector must collect all licenses which may at any time be required by law or ordinance to be collected within the City and County. He shall be charged with all taxes levied upon real and personal property within the City and County, upon the final settlement to be made by him according to law or this Charter. He shall pay into the treasury, without any deduc- tion for commissions, fees or charges of any kind or on any ac- count, the full amount of all taxes, assessments and moneys re- ceived by him and not previously paid over, including all moneys paid under protest, and money received for taxes paid more than once, and for street assessments. He shall also be charged with, and be debtor to the City and County for the full amount of all taxes due upon the delinquent tax list delivered to him for collec- Article IV, Chapter VI, Executive Department. 49 tion, unless it appear to the satisfaction of the Supervisors ex- pressed by resolution, that it was out of his power to collect the same by levy and sale of property liable to be seized and sold therefor. City Attorney to Collect Delinquent Taxes. Sec. 3. On request of the Assessor or the Tax Collector the City Attorney shall commence and prosecute actions for the col- lection of taxes. — As amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Licenses in Charge of Tax Collector. Sec. 4. He shall examine all persons liable to pay licenses, and see that licenses are taken out and paid for. In the performance of their official duties, he and his deputies shall have the same powers as police officers in serving process and in making arrests. He may demand the exhibition of any license for the current term from any person, firm or corporation engaged or employed in the transaction of any business for which a license is required ; and if such person, firm or corporation shall refuse or neglect to ex- hibit such license, the same may be revoked forthwith by the Tax Collector. Auditor to Sign Licenses. Monthly Statement of Licenses. See. 5. The Auditor shall from time to time deliver to the Tax Collector such City and County licenses as may be required, and sign the same and charge them to the Tax Collector, specifying in the charge the amounts thereof named in such licenses respect- ively and the class of licenses, and take receipts therefor, and the Tax Collector shall sign and collect the same. The Tax Collector shall once in every month, and oftener when rc(|uire(l by the Auditor, make to the Auditor a report under oath of all licenses sold and on hand, and of all amounts paid to the Treasurer, and shall also in that regard comply with the regulations which may be prescribed by the Supervisors. At the time of making such report, the Tax Collector shall ex]ii])it to the Auditor all licenses (in hand and the Treasurer's receipts for all moneys paid into the treasury, CHAPTER VI. THE CORONER. Coroner. Qualifications. Term. Salary. Duties. Morgue. Section 1. There shall be a Coroner of the City and County who shall be an elector of the City and County at the time of his election and who must have been sudi for at h-ast five years next I)receding such election. He shall Ik; elected by the people and hold office for two years. He shall receive an annual salary of four thousand dollars. He shall perform such duties as may l)e prescribed by law or ordinance. He shall have the ctmtrol and management' of the Morgue of the City and ('ounty under stich ordinances as the Supervisors may adoj)t. 50 Charter of the City and County of San Francisco. Appointees. Salaries. Sec. 2. He may appoint an autopsy physician who shall re- ceive an annual salary of twenty-four hundred dollars; a chief deputy, who shall receive an annual salary of twenty-four hun- dred dollars: three assistant deputies, who shall each receive an annual salary of fifteen hundred dollars; a stenographer and type- writer, who shall receive an annual salary of eighteen hundred dollars; and a messenger, who shall receive an annual salary of nine hundred dollars. CHAPTER VII. THE RECORDER. Recorder: Qualifications. Term. Salary. Appointees. Copyists. Com- pensation. Section 1. There shall be a Recorder of the City and County who shall be an elector of the City and County at the time of his election and who must have been such for at least five years next preceding such election. He shall be elected by the people and shall hold office for two years. He shall receive an annual salary of four thousand dollars. He may appoint a chief deputy, who shall receive an annual salary of twenty-four hundred dol- lars; five assistant deputies, who shall each receive an annual salary of eighteen hundred dollars; nine clerks, who shall each receive an annual salary of fifteen hundred dollars; one machinist, who shall receive an annual salary of fifteen hundred dollars; one messenger, who shall receive an annual salary of twelve hun- dred dollars. He may also appoint as many copyists as he may deem necessary, who shall receive not more than six cents for each one hundred words actually written; but no copjdst shall be paid a greater compensation at this rate than amounts in the aggregate to one hundred and twenty-five dollars a month. — As amended November 15, 1910; approved hy the Legislature Feb- ruary 17, 1911 (Statutes, 1911, page 1661). Custodian of Public Records. Duties. Sec. 2. The Recorder shall take into his custody and safely keep all books, records, maps and papers deposited in his office. Cpon demand and payment of the fees prescribed therefor by law or by ordinance, he must furnish to any one applying therefor a copy of any such book, record, map or paper, certified under the hand and seal of his office. "When any papers are presented for filing or recording, he or his deputies shall write on the margin of each paper so presented the number of folios, the amount paid for recording the same, and shall number consecutively all instru- ments and documents filed in his office. He shall also perform all other duties at the time and in the manner prescribed by the general laws of the State. Article V, CJmpter II, Legal Department. 51 ARTICLE V. LEGAL DEPART:\rENT. CHAPTER I. THE SUPERIOR COURT JUDGES. Court Interpreters. Section 1. The Judges of the Superior Court of the City and County may appoint not to exceed five interpreters of foreign languages, who shall act as such interpreters in criminal actions and proceedings in all the courts in the City and County, and in examinations before Coroner's juries. Court Stenographers. Compensation. Sec. 2. The stenographers in the Criminal Departments of the Superior Court shall each receive an annual salary not exceeding twenty-four hundred dollars, which shall be in full compensation for all services, including transcription and all stationery used by them. CHAPTER II. THE CITY ATTORNEY. City Attorney: Salary, Term. Qualifications. Section 1. There shall be an Attorney and Counselor of the City and County, who shall be styled City Attorney, and who shall receive an annual salary of five thousand dollars. He shall be elected hy the people and shall hold office for the period of two years. He must be at the time of his election an elector of the City and County and qualified to practice in all the courts of this State, and he must have been so qualified for at least ten years next preceding his election, during live years of which he must have been an actual resident of the City and (.ounty. ITo shall devote his entire time and attention to the duties of his office. Duties. Sec. 2. He must prosecute and defend for tlie ("ity aud County all actions at law or in equity, and all sjiecial jirocct'diugs for or against the City and County; and whenever any cause of action at law or in equity or by special procedings exists in favor of the City and County he shall commence the same when within his knowledge, and, if not within liis knowh'dge, when directed to do so by resolution of the Supervisors. He shall give legal advice, in writing, to all officers, boards and commissions named in this Charter, when re(iuested so to do by them, or eilh(>r of them, in writing, upon questions arising in tbeir separate depart- ments involving the rights or liabilities of the City and (Jounty. He .shall not settle or dismiss any litigation for or against the City and County under his control unless upon his written rccoin mendation he is ordered to do so by the Mayor and Supervisors. 52 Charter of ihe City and County of San Francisco. Records of City's Legal Proceedings. See. 3. He shall keep on file in his oflfice all written communi- cations and opinions given by him to any officer, board or depart- ment; the briefs and transcripts used in causes wherein he ap- pears; and bound books of record and registry of all actions or proceedings in his charge in which the City and County is inter- ested. Delivery of Records to Successor. Sec. 4. He shall deliver all books and records, reports, docu- ments, papers, statutes, law books and property of every descrip- tion in his possession, belonging to his office, or to the City and County, to his successor in office, who shall give him duplicate receipts therefor, one of which he shall file with the Auditor. Appointees. Assistants. Salaries. Clerks. Salaries. Sec. 5. The City Attorney may appoint four assistants, the first of whom shall receive an annual salary of thirty-six hundred dollars; the second an annual salary of three thousand dollars; the third an annual salary of twenty-four hundred dollars, and the fourth an annual salary of eighteen hundred dollars. He may also appoint a chief clerk, who shall receive an annual salary of eigh- teen hundred dollars; an assistant clerk, who shall receive an annual salary of nine hundred dollars; a stenographer and type- writer, who shall receive an annual salary of nine hundred dol- lars; and a messenger, who shall receive an annual salary of nine hundred dollars. An officer of the Police Department shall be permanently detailed by the Chief of Police for the purpose of doing the detective w^ork necessary in preparing and prosecut- ing the litigation of the office, who shall continue to serve on such detail during the pleasure of the City Attorney. The assist- ants and the chief clerk must each, at the time of his appoint- ment, be qualified to practice in all the courts of this State, and must have been so qualified at least two years next preceding his appointment. The assistants, clerks, typewriter and messenger shall be appointed by the City Attorney, and shall hold their offices at his pleasure, and the specific duties of each shall be pre- scribed by him. CHAPTER III. THE DISTRICT ATTORNEY. District Attorney: Term, Qualifications and Salary. Section 1. The District Attorney shall be elected by the peo- ple and shall hold office for two years. He shall be an elector of the City and County and must at the time of his election be quali- fied to practice in all the courts of this State, and must have been so qualified for at least five years next preceding his election. He shall receive an annual salary of five thousand dollars. Article V, Chapter HI, Legal Department. 53 Powers and Duties. See. 2. The District Attorney shall have all the powers con- ferred, and shall discharge all the duties imposed upon, the Dis- trict Attorneys of counties by the general laws of this State, and in addition thereto shall attend, institute and conduct, on behalf of the people, all prosecutions cognizable in the Police Court of the City and County. He shall draw all complaints and warrants in said Police Court, prosecute all forfeited recognizances therein, and all actions for the recovery of fines, penalties, and forfeitures accruing to the City and County; deliver receipts for money or property received in his official capacity, and file duplicates there- for with the County Treasurer; file with the Auditor on the first IMondays of January, April, July and October in each year, an itemized statement under oath showing all moneys received by him in his official capacity during the preceding three months ; keep a register of his official business in which must be entered a note of every action, whether criminal or civil, prosecuted ofli- cially by him, and of the proceedings therein ; and give, when required, without fee, advice to the Board of Police Commission- ers, the Chief of Police, the Board of Health and the Coroner, upon matters relating to the duties of their respective offices. Appointees. Assistants. Salaries. Duties. Sec. 3. He may appoint seven Assistant District Attorneys to aid him in the discharge of his official duties, tlirce of whom shall act as prosecutors in the Superior Court, and sliall each receive an annual salary of thirty-six hundred dollars, and four of whom shall act as the prosecuting attorneys of the Police Court, and shall each receive an annual salary of twenty-four hundred dollars. When any of the assistants of the District Attorney acting as such prosecuting attorneys in the Police Court are not actually engaged in work connected with pro.secutions therein, they shall be at the call of the District Attorney for any service connected with his department. The assistants must each, at the time of his appointment, be qualified to practice in all the courts of this State, and must have been so qualified for at least two years next preceding his appointment. The District Attorney may also ap- jioint one cliicf clerk, who shall receive an animal salary of eigli- teen hundred dollars; one assistant clerk, who shall receive an annual salary of twelve hundred dollars; and one slcnogrnplicr and typewriter, who shall receive an ;innii;il s.-il.u-y of iiini> imii- dred dollars. To Purchase Property on Execution Sales. Sec. 4. 'i'lie District Attorney may, in the name of the City and County, bid for and piireliase property at execution sales under judgnienis for the recovery of lines, penalties or forfeitures accruing to the City and County. 54 Charter of ihe City and County of San Francisco. CHAPTER IV. THE PUBLIC ADMINISTRATOR. Public Administrator: Powers and Duties. Allowed Fees for Com- pensation. Section 1. The Public Administrator shall be elected by the people, and he shall hold office for two years. He shall have all the powers conferred, and shall discharge all the duties imposed upon, the Public Administrators of counties by the general laws of this State, except as in this Charter otherwise specifically pro- vided. He shall be entitled to all such fees as may be allowed by law to the Public Administrators of the counties of the State in full compensation for all his services. CHAPTER Y. THE COUNTY CLERK. County Clerk: Term. Powers and Duties. Clerk of Police Court. Salary. Section 1. The County Clerk shall be elected by the people and shall hold office for two years. He shall have all the powers conferred, and shall discharge all the duties imposed upon, the County Clerks of counties by the general laws of this State, and in addition thereto shall attend and act as Clerk of the Police Court, keep the dockets and registers thereof, and take charge of and safely keep all books, papers and records which may be filed or deposited in his office pertaining to the Police Court He shall receive an annual salary of four thousand dollars. Appointees. Salaries. Cashier, Courtroom Clerks. Register Clerks. Copyists. Police Court Clerks. Sec. 2. To aid him in the discharge of his official duties, the County Clerk may appoint a Chief Register Clerk, who shall re- ceive an annual salary of twenty- four hundred dollars; a Cashier, who shall receive an annual salary of eighteen hundred dollars; twelve Court Room Clerks for the Superior Court, who shall each receive an annual salary of fifteen hundred dollars; five Register Clerks, who shall each receive an annual salary of eighteen hun- dred dollars; ten Assistant Register Clerks, who shall each re- ceive an annual salary of fifteen hundred dollars; sixteen copy- ists, who shall each receive an annual salary of twelve hundred dollars; and four Clerks for the Police Court, who shall each receive an annual salary of fifteen hundred dollars. Copies of Papers. Charges. Sec. 3. For copies of papers furnished and certified by him, he shall charge not more than eight cents for each one hundred words. For certifying copies, which are not prepared by him, he shall be entitled to charge twenty-five cents and also forty cents an hour for the time exceeding one hour necessarily occupied in comparing such copies. He must certify all papers presented to him which are copies of any document, paper or record, or por- tions thereof, in his custody. Article V, Chapter VI, Legal Department. 55 CHAPTER VI. THE SHERIFF. Sheriff: Term. Salary. Powers and Duties. Section 1. The Sheriff shall be elected by tlie people, and he shall hold office for two years. He shall receive an annual salary of eight thousand dollars, which shall be in full compensation for all official services required of him by law; but said salary shall be exclusive of the compensation received by him from the State for the delivery of prisoners to the State prisons, and insane per- sons to the State asylums for the insane. He shall have all the powers conferred, and shall discharge all the duties imposed upon the Sheriffs of counties by the general laws of this State. Appointees. Salaries. See. 2. He may appoint the following deputies and employees, who shall each respectively receive the following annual salaries : One Under Sheriff, twenty-four hundred dollars; one Attorney, eighteen hundred dollars ; one Chief Bookkeeper, eighteen hun- dred dollars; two Assistant Bookkeepers, fifteen hundred dollars; ten Office Deputies, fifteen hundred dollars; fourteen Bailiffs, twelve hundred dollars; one Chief Jailer at Branch Jail Nunil)er One, eighteen hundred dollars; ten Jailers at Branch Jail Num- ber One, twelve hundred dollars; one Superintendent of Branch Jails Numbers Two and Three, eighteen hundred dollars; sixteen Guards at Branch Jail Number Two, six hundred dollars; one ^Matron at Branch Jail Number Three, nine luindred dollars; six Guards at Branch Jail Number Three, six hundred dollars; one Commissary to act for all jails, fifteen hundred dollars: one Driver of Van, nine hundred dollars; and one Bookkeeper for all said Branch Jails, fifteen hundred dollars. Duties of Deputies. Sec. 3. The Sheriff may designate the services to be performed by his deputies. CHAPTER VII. THE JUSTICES' COURT. Justices of the Peace. Salaries. Chief Clerk. Deputies. Section 1. The Justices of the rcacc shall each receive an an- nual salary of tweiity-four hundred dollars, except the I'rcsitling Justice, who shall receive! an annual salary of Iwcnly seven luin- dred dollars. They shall appoint a Chief (!lerk who shall hold office for two years, and receive an annual salary of twenty-four hundred dollars. The Chief Clerk may appoint five deputies, each of whom shall receive an annual salary of twelve hundred dollars. 56 Charier of the City and County of San Francisco. CHAPTER VIII. THE POLICE COURT. Police Court. Four Judges. Term. Salary. Qualifications. Departments. Presiding Judge. Sessions of Court. Section 1. There is hereby created and established in and for the City and County of San Francisco a Court to be known as the Police Court of the City and County of San Francisco. Said Court shall consist of four Judges, who shall be elected by the people and hold office for four years. They shall each receive an annual salary of thirty-six hundred dollars. They shall be elec- tors of the City and County at the time of their election, and must have been such for at least five years next preceding such time. No person shall be eligible to the office of Judge of the Police Court who is not at the time of his election qualified to practice in all the Courts of this State, and who has not been so qualified for at least five years next preceding his election. The Court shall be divided into departments known as Department Number One, Department Number Two, Department Number Three, and Department Number Four. The Judges of such Court may hold as many sessions of the Court at the same time as there are Judges thereof. The Judges who shall be elected at the first election under this Charter shall so classify themselves by lot that two of them shall go out of office in two years and two of them in four years. Tliey shall choose from their number a Presiding Judge, who shall serve for one year. The Presiding Judge shall assign the Judges to their respective departments; but any of the Judges may preside in any of the departments in the absence or inability of the Judge regularly assigned thereto. The judgments, orders and proceedings of any session of the Court held by any one or more of the Judges shall be equally effectual as if all the Judges had presided at such session. Jurisdiction. Violation of Ordinances. Other Misdemeanors and Felonies. Powers in Criminal Actions. Sec. 2. The Police Court of the City and County of San Fran- cisco shall have : Fi7'st — Exclusive jurisdiction of all prosecutions for the viola- tion of ordinances of the Board of Supervisors. Second — Concurrent jurisdiction w'ith the Superior Court of all other misdemeanors and of the examination of all felonies com- mitted in the City and County. Third — Said Court, or any Judge thereof, shall have the same powers in all criminal actions, cases, examinations and proceed- ings as are now or may her^^ifter be conferred by law upon Jus- tices of the Peace. Article V, Chapter VIII, Legal Department. 57 Proceedings, How Conducted. Sec. 3. Proceedings in said Court shall be condncted in ac- cordance with the laws of this State regulating proceedings in Justices' and Police Courts and appeals to the Superior Court; and said Court or any Judge thereof shall have the same power in all criminal actions, cases and proceedings as are now or may be hereafter conferred by the general laws of this State upon Justices of the Peace ; provided, that : First — No case shall be dismissed or fine imposed until the tes- timony for the prosecution shall be taken. Second — Any defendant who neglects to file his statement on appeal within ten days after sentence shall lose his right to ap- peal, unless good cause for the delay be shown by affidavit. Press of business on the part of defendant's attorney shall not be deemed good cause for delay. Unless the District Attorney sliall file amendments to the proposed statement on appeal within five days after the same shall have been filed and served, the proposed statement on appeal shall be the statement on appeal. The Judge before whom the case was tried shall settle the statement on appeal within five days after the District Attorney shall have filed his amendments to the proposed statement. Third — Any person who shall solicit or importune any of said Judges, either before or after judgment, to dismiss a case, or mitigate a sentence, unless the same be done in open court, shall be guilty of a contempt of court. Fourth — A complaint may be demurred to on the ground that it does not set forth the offense charged with such particularities of time, place, person and property as to enable the defendant to understand distinctly the character of the offense complained of. and the complaint may be amended by permission of tli(> Court after a demurrer is sustained. Fifth — A defendant in custody shall have llic ritilif to be Iricil before a defendant on bail, and felonies shall be heard Ijcforc mis- demeanors. Sixth — The Judges of said Court shall try all cases as speedily as possible, and must refuse continuances after the first calling of a case for trial except upon affidavit showing good cau.se therefor. Hevenlh—OVaav than lawfully authorized surety companies, no person shall be eligible to be a bond.sman for any defendant on trial in the Police Court, or on appeal from a judgment therein, except he take an oath that the properly specified in the under- taking is in the City and Cf)unty of San Francisco, and that he i.s worth the amount .specified, exclusive of pro[)erty exempt frotii execution, and exclu.sive of all demands for which lie may become liable by reason of the forfeiture of any appeal or l«;iil I.otkIs for which he is surety. 58 ("hard r of (lie Citij and County of San Francisco. District Attorney Must Attend. See. 4. The District Attorney, either in person or by his As- sistants, nnist be present at the session of the Court and attend to the prosecution of all eases coming before it, and make out all coiiiphiints and warrants for the arrest of persons charged with crime to be prosecuted in said Court. Warrant and Bond Clerks. Salaries. Qualifications. Duties. Form of Bonds, Bail. Sec. 5. The District Attorney shall appoint a "Warrant and Rond Clerk who shall receive a salary of twenty-four hundred dollars a year, and three Assistant Warrant and Bond Clerks, each of whom shall receive a salary of fifteen hundred dollars a year. No person shall be appointed a Warrant and Bond Clerk who is not at the time of his appointment qualified to practice in all the Courts of this State. The Warrant and Bond Clerk shall keep his ofTfice open continuously night and day for the transac- tion of business; shall draw complaints in actions in the Police Court, and approve the same with his written signature; shall have the custody of all bail bonds and appeal bonds taken in the Police Court; shall examine the suf^ciency of every bail bond and appeal bond taken in the Police Court and make a return thereon, within forty-eight hours after such bond shall have come into his possession, in the followdng form : "I, , Warrant and Bond Clerk of the City and County of San Francisco, have examined the within bond and find it good in law. I have examined the record of the City and County of San Francisco, and find the property, its own- ers and incumbrances herein described, to be correct according to said records. (Signed , Warrant and Bond Clerk.)" The Warrant and Bond Clerk shall endorse upon the bond the time when it was issued by him, or when it came into his posses- sion. He may issue bail bonds and appeal bonds when the liability thereof does not exceed two thousand dollars, and order the dis- charge from custody of the persons for whom the bonds are issued; and he may take cash bail to the extent in any one case of one thousand dollars. He must account for and pay to the Treasurer all moneys received as bail in the manner that the County Clerk is required by law to account for and pay moneys received as fees. No Clerk of the Police Court shall ever take bail or order the release of any one charged with an offense. Fixing Bail. Sec. 6. In the matter of fixing bail and ordering the release of prisoners the Warrant and Bond Clerk shall be subject to the Judges of the Police Court, and any violation of a valid order of any of said Judges shall be a contempt of Court. Article V, Chapter VIII, Legal Department. 59 Office Always Open, Sec. 7. For any failure to keep the office of the "Warrant and Bond Clerk open continuously he shall be immediately removed from office by the District Attorney or by the IMayor. Who May Accept Bail. Sec. 8. It shall be a misdemeanor for any person other than a Judge of some Court in the City and County, or other than said Warrant and Bond Clerk, to receive bail money for defendants or to order their discharge. Service of Papers. Sec. 9. All demurrers to complaints, notices of motion, state- ments and bills of exception on appeal to the Superior Court, must be served upon the Assistant District Attorney acting in the Department of the Court in which the case is set for hearing, or heard or tried. Clerk of Police Court. Duties. Sec. 10. The County Clerk shall be the Clerk of the Police Court, and he must ])e present either in person or by deputy at all sessions of the Court in the departments thereof; call the daily calendar of the departments, and keep full and complete records of all cases in the Court and the disposition made thereof by the Court. Stenographers. Duties. Sec. 11. The Police fludges may appoint not more than two competent stenographers who shall attend the sessions of tlie Court and take notes of all preliminary examinations made at the sessions, and transcril)e into type-written long hand all evidence taken by either of them where the parties charged have been held for trial, and deliver one copy of tlie same to the Clerk and one copy to the District Attorney. Each of such stenographers shall be paid for all his services, including transcription and all sta- tionery used by him,- an annual salary of twenty- four hundred dollars. Justices May Act. Sec. 12. The Mayor may in writing appoint any Justice of the Peace to act as Judge of the Police Court, or any department thereof, during the temporary absence or inability of the Judge to act. Chief of Police to Furnish Daily Calendar of Arrests. Sec. 13. The Chief of Police shall cau.se to be made out and delivered to each of the Clerks of the Court at or before nine o'clock in the forenoon of each day a calendar of arrests in which the cases shall have been assigned to the dcpitrtments of the Court in afrcordancc with the rules and regulations established by the Police .Judges. Tlie calendar sball state "the offense charged"; whether the defendant is "in custody" or "on bail"; "the amount of bail"; "whether easli or l»ond," and "the name of the arrest- ing officer." 60 Charter of the City and County of Sa7i Francisco. Bailiffs in Court. Sec. 14. The Chief of Police shall appoint one or more Police Officers to attend the sessions of the Police Court in each depart- ment thereof to preserve order and execute the orders of the Court. Rules. Sec. 15. Tlie Police Judges shall adopt all necessary rules and regulations for conducting the business of the Court. Attorneys' Qualifications. Sec. 16. No attorney shall appear in said Court to prosecute or defend persons charged with offenses unless at the time of his appearance he be qualified to practice law in all the courts of this State. Police Judges. Term of Those Elected in 1898. Sec. 17. The term of office of the Police Judges elected at the general election held in the year eighteen hundred and ninety- eight shall terminate at the hour of noon on the first Monday after the first day of January in the year nineteen hundred, and they shall at said time be succeeded by the Police Judges provided for in this Chapter; and all proceedings pending in said Court shall be transferred to the Police Court created under this Char- ter, and the Judges elected as herein provided shall have and ob- tain jurisdiction of the same. CHAPTER IX. THE SAN FRANCISCO LAW LIBRARY. Law Library. Rooms. Act of the Legislature. Section 1. The Supervisors must provide, fit up and furnish, with fuel, lights, stationery, and all necessary conveniences, at- tendants and care, rooms convenient and accessible to the judges and officers of the courts and of the municipal government suffi- cient for the use and accommodation of the San Francisco Law Library, established under an Act of the Legislature of this State entitled: "An Act to provide for increasing the Law Library of the corporation known as the San Francisco Law Library, and to secure the use of the same to the Courts held at San Francisco, the Bar, the City and County Government and the People of the City and County of San Francisco," approved March 9th, 1870. The Supervisors must appropriate, allow and order paid out of the proper fund such sums as may be necessary for the purposes aforesaid; and all sums lawfully appropriated and expended pur- suant hereto shall be paid out of the proper fund on demands duly audited, in the mode prescribed by this Charter for auditing other demands upon the treasury. The County Clerk must pay monthly to the Treasurer of the San Francisco Law Library such moneys as he shall collect under the Act referred to for the benefit of said Law Library. Article VI, Chapter I, Department of Public Works. 61 ARTICLE VI. DEPARTMENT OP PUBLIC WORKS. CHAPTER I. THE BOARD OF PUBLIC WORKS. Board of Commissioners. Appointed by Mayor. Terms. Qualifications. Salary. Section 1. There shall be a Department of Public Works under the management of three Commissioners who shall constitute the Board of Public Works, and who shall give all their time during official business hours to the duties of their office. The mem- bers of said Board shall be appointed by the l\Iayor. Of those first appointed he shall appoint one for one year, one for two years, and one for three years. Each year thereafter he shall appoint for three years one person as the successor of the Com- missioner whose term of office expires in that year. All such ap- pointments shall be so made that not more than one member shall at any one time belong to the same political party. No person shall be eligible for appointment as such Commissioner unless he is, and has been for at least five years next preceding his ai>point- ment, an elector of the City and County. Each of said Commis- sioners shall receive an annual salary of four thousand dollars. President of the Board. Term. Sec. 2. Of the Commissioners first appointed under this Cliar- ter, one shall be designated by the i\rayor to serve as President for one year. All subsequent Presidents of the Board shall 1)0 elected by the members therof for terms to ho fixed by said Board. The President of the Board shall in eaeli case hold office until his successor has boon olootod or until bis membership on the Board expires. Secretary of the Board. Salary. Employees. Compensation. Sec. .S. The Board may appoint a Secretary who shall rocoivc an annual salary of oightoou luindrod dollars. The Board may employ such clerks, suporinlondcnis. inspectors, enginocM's, sur- veyors, deputies, architects and workmen as shall be necessary to a proper dicharge of their duties under this Article, and fix their compen.sation ; but no compensation to any of said persons sliall bo greater tlian is paid in the case of similar eniplovmonts. Rules and Regulations. Sec. 4. The Board shall establish all necessary rules and regu- lations for its government, and for the perforniani-e nf its duties, and for the retrulation and conduct of its officers and employees; and shall rerpiire adef|uate bonds from its officers and oiTiployei's. exce[)t laborers, for the raillifiil ixTforinaiu'c of all their duties in such sums as may be fixed by the Sujiervisors. Said bonds shall be approved by the ]\Iayor and sliall be filed in the office of the Auditor. 62 Charter of the City and County of San Francisco. Meetings. Place and Time. Sec. 5. The Board shall hold regular meetings at least once each week at a place and time to be fixed by resolution entered on its minutes. No changes in place or time of regular meetings shall be made without a resolution passed at least two weeks be- fore the time the change is to go into effect. Such special meet- ings may be held as the Commissioners may deem necessary after notice of the same has been posted ten hours before the time of holding any such meeting. All meetings shall be public. No busi- ness shall be transacted at an adjourned meeting except such as may have been under, or proposed for, consideration at the meet- ing from which the adjournment was had. No business shall be transacted at a special meeting except that which is named in the notice of said meeting. Special meetings may be called by any member of the Board. In every case where a power is exercised under this article by the Board the vote thereon shall be taken by ayes and noes. Records to Be Kept. Duties of Secretary. Sec. 6. The Board shall keep and preserve a record of all its proceedings, and copies of all plans, specifications, reports, con- tracts, estimates, certificates, receipts, surveys, field notes, maps, plats, profiles, and of all papers pertaining to the transactions of the Board. The Secretary of the Board shall keep a record of all its transactions, specifying therein the names of the Commis- sioners present at all the meetings, and giving the ayes and noes upon all votes. The Secretary shall post and publish all orders, resolutions and notices as required in this Chapter or which the Board .shall order to be posted or published. He shall perform such other duties as may from time to time be prescribed by the Board. Powers and Duties of the Board. Sec. 7. The Board shall be the successor in office and shall have all the powers and perform all the duties of the Superin- tendent of Streets, Highways and Squares, of the New City Hall Commissioners, and of the Commissions in existence at the time this Charter goes into effect for the opening, extending, widening, narrowing, straightening, closing or changing the grades of streets in the City and County. Custodian of All Official Matters Relating to Streets. Sec. 8. The Board shall immediately after its organization take possession and have the custody and control of all maps, plats, surveys, field notes, records, plans, specifications, reports, contracts, models, machinery, instruments, tools, appliances, contract rights, privileges, books, documents and archives and other property be- longing to the City and County, or which may be of value and importance to the City and County, and heretofore kept by or in Article VI, Chapter I, Department of Public Works. 63 the offices of the City and County Surveyor, the Superintendent of Public Streets, Highways and Squares, the Board of New City Hall Commissioners, and all commissions in existence at the time this Charter goes into effect for the opening, extending, widening, narrowing, straightening, closing or changing the grades of streets, and all other business and works pertaining to any of said offices or commissions. Matters Under Control of the Board. Sec. 9. The Board of Public Works shall have charge, superin- tendence and control, under such ordinances as may from time to time be adopted by the Supervisors: Streets, Pipes, Wires, Sewers, Etc. 1. Of all public ways, streets, avenues, lanes, alleys, places, foiirts, roads, highways and boulevards now opened or which may hereafter be opened in the City and County; of the manner of their use; and of all work done upon, over or under the same: and herein particularly the Board shall have exclusive authority to prescribe rules and grant permits, in conformity with the ordi- nances of the Supervisors, for the moving of ])uildings through the streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks, and of temj)orary fences enclosing areas upon the sidewalks; the laying down and construction of railroad tracks in the streets; the erection of telegraph and tele- phone poles, and poles for electric lighting, and the laying under the surface of the streets or sidewalks of telegraph or telephone wires, and wires for electric lighting and power; the construction of drains and sewers; the laying down and taking up of gas, steam and water pii)es, pnenmatiit or other tu1)es or i)ipes, and sewers and drains, and determining the location thereof; the using of the street or any portion thereof for the deposit of building ma- terial in front of a building during its construction or repair, or for any purpose other than such as ordinarily and properly be- longs to the public from the dedication thereof to public use; and without such permission in writing from said Board no person shall do any of the acts in this section enumerated; but nothing in this section shall be so construed as to give said Board tbe power to grant permits for or allow the permanent encroachment upon any sidewalk of any structure; Drainage. 2. Of all sewers, drains and cesspools, and of the work per- taining thereto or to the drainage of the City and ('ounty; Cleaning and Sprinkling, and Lighting. .''.. or the cleaning and sprinkling of all public streets, aveiujcs, alleys, places, courts, roads, liigliways and boulevards, and the lighting of th(! sanu; and the lighting of the parks, s(|uares and other public places and public buildings; (U Charier of the City and County of San Francisco. Public Buildings. 4. Of the cleaning of all the public buildings of the City and County and of the appointment of such janitors and employees as are needed for such purpose; Building Construction. 5. Of the supervision of any and all ])uilding construction in the City and County; Constructing Public Buildings. 6. Of the construction of any and all public buildings and structures, under plans duly approved by the various departments, including all school houses and fire-department buildings, and the repair and maintenance of any and all buildings and structures owned by the City and County. Conduits. Garbage. Sewer System, 7. Of any and all wires and conduits, the collection and dis- posal of street refuse, garbage and sewage, and the designing, construction and maintenance of the sewerage and drainage sys- tems of the City and County; Public Utilities. 8. Of any and all public utilities owned, controlled or operated by tbe City and County, or which may hereafter be so owned, controlled or operated. Proceedings Relative to Excavation of Streets. 9. When at any time any person, company or corporation de- sires to have opened or torn up the roadway of any street, lane, alley, place or court in the City and County for any purpose, a written application shall be made to the Board of Public Works for permission to do so. The Board shall thereupon make an esti- mate of the expense of opening or tearing up such street, lane, alley, place or court and of restoring the same to as good a con- dition as it was in before said opening or tearing up. Such per- son, company or corporation must thereupon deposit the amount of such estimate with the Board of Public Works which shall thereupon pay the same into the General Fund. The Board shall thereupon proceed to open or tear up said street, lane, alley, place or court as in said application requested, and shall at the proper time restore such street, lane, alley, place or court to as good a condition as it was in before said opening or tearing up. Contracts for the doing of such work by the Board may be let by it in the manner provided in this Chapter, or the work may, at the option of the Board, be done by days ' labor. If the expense of such work has been more than the aforesaid estimate, the person, company or corporation shall be indebted to the City and County for such balance; and the same shall con- stitute a lien upon the property of such person, company or cor- Ao'ticU VI, Chapter I, Department of Public Works. 65 poration. Said lien shall remain in force until such balance has been paid, or until the lien shall he legally discharged. Said lien may be enforced by suit brought Iw the City and County in ac- cordance with the provisions of the Code of Civil Procedure of the State of California. If the expense of such work has been less than the aforesaid estimate, then the surplus shall constitute a claim in favor of such person, company or corporation, against the City and County, and as such shall be presented, approved and paid as other claims. Data for Supervisors. Sec. 10. All examinations, plans and estimates required by the Supervisors in connection with any public improvements or utilities, shall ])e made by the Board of Pul)lie Works aud it shall when requested to do so, furnish information and dala foi" the use of the Supervisors. City Engineer and Duties. See. 11. Said Board shall appoint a Civil Engineer of not less than five years' practical experience as such, who shall be desig- nated the City Engineer. Tie sliall hold his office at the pleasure of the Board. lie shall perform all the civil engineering and surveying re- quired in the prosecution of the public works and improvements done under the direction and supervision of said Board, and shall certify to the progress and completion of the same, and do such other surveying or other work as he may be directed to do by said Board or by the Supervisors. lie shall possess the same power in the (!ity and County in making surveys, plats and certificates as is or may from time to time be given by law to City Engineers and to County Surveyors, and his official acts and all plats, sur- veys and certificates made by him shall have the same validity and be of the same force and effect as are or may ho given by law to those of City Engineers and County Surveyors. No street as- sessments shall be valid without his certilicate as to the (|uantities and unless it be to the effect that the work lias been done to the official lines, elevations and grades. City Engineer. Salary and Fees. Sec. 12. lie shall serve the Board exclusively and sliall not bi^ engaged in any other business while he is in its service. He shall receive no comj)ensation except his salary. The Board shall l)y resolution ef^fablish fees and eharges for the services to be jier- formed by the City Engineer for persons, companies and corpora- tions, and may from time to time change and adjust the same. Said Engineer .shall require such fees or eharges to lie paid in ad- vance for any otTicial act or service demanded of him, and such moneys thus paid shall be j)aid to the Treasurer and crcditi-d by him to siK^h fund or funds as said Board may direct. 6fi ('holier of the Cilij and County of San Francisco. Appointees of Board. See. 13. The Board shall appoint the necessary heads of de- partments under its charge. Each such head shall have the sole executive control in its own department, subject to the rules and rcETulations prescribed by the Board. Public Work by Contract. Sec. 14. All public work authorized by the Supervisors to be done under the supervision of the Board of Public Works shall, unless otherwise determined by the Board of Public Works, be done under written contract, except in case of urgent necessity as hereinafter provided: and except as otherwise specifically pro- vided in this Charter, the following proceedings shall be taken in all cases in the matter of the letting of contracts by said Board. Before the award of any contract for doing any work authorized by this Article, the Board shall cause notice to be posted conspic- uously in its office for not less than five days, and published for the same time, inviting sealed proposals for the work contem- plated; except, however, that when any repairs or improvement, not exceeding an estimated cost of five hundred dollars, shall be deemed of urgent necessity by the Board, such repairs or improve- ment may be made by the Board under written contract or other- wise, without advertising for sealed proposals. Advertisement for Proposals. Sec. 15. Said advertisement and notice shall invite sealed pro- posals to be delivered at a certain day and hour at the office of the Board for furnishing the materials for the proposed work, or for doing said work, or for both, as may be deemed best by the Board, and shall contain a general description of the work to be done, the materials to be furnished, the time within which the work is to be commenced, and when to be completed, and the amount of bond to be given for the faithful performance of the contract, and shall refer to plans and specifications on file in the office of the Board for full details and description of said work and materials. Requirements for Bids for Public Work. Sec. 16. All proposals shall be made upon printed forms to be prepared by the Board, and furnished gratuitously upon appli- cation, with a form for the affidavit hereinafter provided for printed thereon. Each bid shall have thereon the affidavit of the bidder that such bid is genuine, and not collusive or sham; that he has not colluded, conspired, connived or agreed, directly or indi- rectly, with any other bidder or person to put in a sham bid, or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City and County, or any person interested in said improve- ment, for himself or any other person. All bids shall be clearly and distinctly written, without any erasure or interlineation, and Article VI, Chapter I, Department of Public Works. 67 if any bid shall have an erasure or interlineation it shall not be received or considered by the Board. Any contract made in vio- lation of any of the foregoing provisions, and in the case of im- provement of streets, any assessment for the work done under such contract, shall be absolutely void. All proposals offered shall be accompanied by a check, certified by a responsible bank, payable to the order of the Clerk of the Supervisors, for an amount not less than ten per centum of the aggregate of the proposal, and no proposal shall be considered unless accompanied by such check. No person, corporation or firm shall be allowed to make, file, or be interested in, more than one bid for the same work. If on the opening of said bids more than one bid appear in which the same person, corporation or firm is interested, all such bids shall be rejected. Delivery and Opening of Bids, and Award of Contract. Sec. 17, On the day and at the hour specified in said notice inviting sealed proposals the Board shall assemble and remain in session for at least one hour, and all bids shall be delivered to the Board while it is so in session, and within the hour named in the advertisement. No bid not so delivered to the Board sliall be con- sidered. Each bid as it shall be reeeivod shall be numbered and marked "Filed" by the President and authenticated by his signa- ture. At the expiration of the hour stated in the advertisement within which the bids will be received, the Board shall, in open session, open, examine and publicly declare the same, and an ab- stract of each bid shall be recorded in the minutes of the Board by the Secretary. Before adjourning, the Board shall compare the bids with the record made by the Secretary, and shall there- upon, at said time, or at such other time, not exceeding twenty days thereafter, as the Board may adjourn to, award the contract to the lowest bidder, except as otherwise herein provided. Notice of such award shall forthwith be posted for five days by the Sec- rotary of the Board in some conspicuous p]noo in the offico of the Board, and be published for the same period of time. The Board may reject any and all bids, and nuist reject the l)ite of fourteen members of the Board of Supervisors. In case of faihire on the part of the contractor to complete his contract within the time fixed in the contract, or within such ex- tension of said time as is herein provided, his contract shall be void, and llie Supervisors shall not thereafter pay or allow to him any further compensation for any work done by him under said contract; and in the ease of the improvement of streets, whrirc the work is to be paid for by assessment levied upon real ])roi»erty, no a.'-sessment shall be made for the work done under said contract. I ^'1 Any contract may pi"\idc for |>i(' delineated the lots so to be Ix'nefited. Such map shall be transmitted to the Supervisors with said recommenda- tion. — As amended December said. the [?oard may proceed as in this (Miapter provich'd. to have the re main»h'r improved, gi-aded. or olhei-wisr. nolw ilhslanding any ob jedions of i>roperly owni-rs. 74 Charter of the City and County of San Francisco. In all cases of work or improvement in this section hereinbe- fore provided, where the Board of Public Works is vested with power to continue proceedings in relation to any proposed work or improvement, notwithstanding any objections of property own- ers to the doing of the same, the Board may determine that such work or improvement is expedient, or that the public interest or convenience requires the doing of the same, and it may institute proceedings therefor and the provisions of Section 2 of this Chap- ter, requiring a written application to the Board in the first in- stance, to be made therefor, shall not be applicable thereto. At any time before the making of the assessment as hereinafter provided, all owners of lots of land liable to assessment therein, who, after the first publication of the aforesaid resolution of in- tention, may feel aggrieved, or who may have objections to any proceedings in relation to the performance of the work described in said resolution, may file with the Secretary a petition of remon- strance, W' herein they shall state in what respect they feel ag- grieved, or the proceedings to which they object. Such petition or remonstrance shall be passed upon by the Board, and its deci- sion thereon shall be final and conclusive. — As amended December 4, 1902; approved by the Legislature February 5, 1903 (Statutes, 1903, page 588). Improvement Chargeable Upon a District. Hearing of Objections. Sec. 5. When the contemplated work or improvement in the opinion of the Board of Public Works is of more than local or ordinary public benefit, it may recommend to the Supervisors that the expense of such work or improvement be made chargeable upon a district, and said Board shall in its resolution of inten- tion set out the district benefited by said work or improvement and to be assessed to pay the expense thereof. Objections to the extent and boundaries of the district of lands to be benefited by said work or improvement may be made by any interested party, in writing, within ten days after the expiration of the time of pub- lication of the resolution of intention. The Secretary of the Board shall lay said objections before it and the Board shall, at its next meeting, fix a time for hearing said objections not less than one week thereafter. The Secretary shall thereupon notify the persons making such objections by depositing a notice thereof in the Postoffice at the City and County, postage prepaid, addressed to each objector. At the time speci- fied the Board shall hear the objections urged and pass upon the same, and if said objections are overruled, its decision shall be final and conclusive as to the extent and boundaries of the dis- trict. If the objections are sustained, the Board shall proceed to set out another district to the extent and boundaries of which objec- tions may be made and a hearing had thereon as above provided; Article VI, Chapter II, Department of Public Works. 75 and so on in like manner until a district has been set out to the extent and boundaries of which all objections shall be overruled by the Board — its decision in that behalf to be final and conclu- sive; and thereupon the proceedings shall continue the same as if no objections had been made. In its report to the Supervisors the Board shall accompany its report with a diagram on which shall be delineated each separate lot, piece or parcel of land, the area in square feet of each of such lots, pieces or parcels of land, and the relative location of the same to the work or improvement proposed to be done within the limits of the district. Such dia- gram shall be certified to be correct by the Secretary of the Board. Completfon of Work Sec. 6. When the work under any contract shall have been completed, the contractor shall make and file in the office of the Board of Public Works an affidavit to the effect that he has not entered into any private agreement, verbal or written, with any person liable to be assessed for said work, or with any one on his behalf, to accept a price from him less than the price named in said contract, or to make any rebate or deduction to him from such price. Any such agreement shall be deemed a fraud upon all persons liable to be assessed for such work other than the property owners who were parties to the agreement, and shall make void, as to such persons so defrauded, any assessment made for the work done under such contract; and where there is more than one contractor each contractor shall make such affidavit. Completion of Contract. Assessnnent to Pay for Same. Sec. 7. When any work in or upon any public street shall have been completed according to contract, and the affidavit men- tioned in the next preceding section shall have been made, the Board shall make an assessment to cover the sum due for tlie work performed and specified in said contract (including all in- cidental expenses), in conformity with the provisions of this Arti- cle, according to the nature and character of the work. The assess- ment shall briefly refer to the contract, the work conlracled for and perfonned, and shall show the amount to be paid tiierefor. together with any incidental expenses, the rate jicr fr(»nt foot as.sessed, the amount of eacli assessment, the name of the owner of each lot (if known to the Board, and if not known, the word "unknown" shall be written opposite the number of the lot and the amount assessed thereon) ; the number of each lot assessed, and shall have attached thereto a diagram exhibiting the street (»r street crossing on which tlu; work has i)ccn done, and showing the relative location of each distinct lot to the work done, num- bered to correspond with the numbers in the assessment, and showing the number of front feet assessed for said work. A mis- take in the name of the owner shall not invalidate any assessment. When the expense of .such work falls in part upon any person, 76 Charter of the City and County of San Francisco. company or corporation liaviinr railroad tracks upon the street where such work has been done, said assessment shall include an assessment against said person, company or corporation, for its legal proportion of said expense, and the same shall constitute a lien upon the road-hed, rolling stock, franchises and other prop- erty of such person, company or corporation, for a period of two years from the date of recording the Avarrant, assessment and dia- gram hereinafter provided for. Division of Expense. Sewers, Grading, Paving, Assessed to Adjacent Blocks or District. Railroads Must Bear Proportion. Sec. 8. The expense of all work or improvement done upon any part of said streets, lanes, alleys, places or courts, under the order of the Supervisors, shall be borne and paid for as follows: First — The City and County shall pay out of the General Fund the expense: a. Of all work done on streets, crossings and intersections of streets that have been or may be accepted by the City and County, after the acceptance of the same, and all repairs and improve- ments deemed of urgent necessity that may be made upon the public streets and highways. h. Of all work done in front of, or that may be assessed to, property owned by the City and County or by any department thereof. c. Of all work done in front of, or that may be assessed to, property owned by the United States. Second — The expense of all sewers, cesspools, manholes, cul- verts and drains, and of all grading, planking, macadamizing, paving, piling and capping any street, or portion thereof, and of all curbs thereon, and of all work done on sidewalks, shall be assessed upon the lands within the block or blocks adjacent thereto as herein provided, except where by an assessment district it may be provided otherwise. Third — The expense of all work on such portion of any street required by law to be kept in order by any person, company, or corporation, having railroad tracks thereon, shall be borne and paid for by such person, company or corporation, and shall be included in the assessment hereinbefore provided for. No assessment shall be levied upon any property, which, to- gether with all asr^essments for street improvements that may have been levied upon the same property during the year next preceding, will amount to a sum greater than fifty per centum of the value at which said property was assessed upon the last pre- ceding Assessment Book of the City and County. How Assessments for Street Work Shall Be Levied. Sec. 9. Subdivision One — Except where the expense incurred for the street work and improvement authorized herein is to be assessed upon a district as hereinafter provided, such expense, Article VI, Chapter II, Department of Public Works. 77 other than that to be paid by a person, company or corporation having tracks on the street where such work and improvement has been done, shall ])e assessed upon the lots and lands frontinu: thereon, except as hereinafter specifically provided; each lot or portion of a lot being separately assessed in proportion to the frontage at a rate per front foot sufficient to cover the total ex- pense of the work. Assessment According to Nature of Work. Suhdivision Two — The expense of all improvements except such as is done by contractors under the provisions of Section 16 of this Chapter, until the streets, avenues, street crossings, lanes, alleys, places, or courts are finally accepted, as provided in Sec- tion 23 of this Chapter, sh.all ])e assessed upon the lots and lands as provided in this section according fo flic nalurt^ and characlcr of the work. Work on Main Street Crossings. Svhdivision Three — The expense of the work done on main street crossings shall be assessed at a uniform rate per front foot on the quarter blocks and irregular blocks adjoining and corner- ing upon the crossings, and separately upon the whole of each lot or portion of a lot having any frontage in the said blocks fronting on said main streets, half way to the next main street crossing, and all the way on said blocks to a boundary line of the city where no such crossing intervenes, but only according to its frontage in said quarter blocks and irregular blocks. Main Street Terminating in Another Main Street. Siibdivision Four — Where a main street terminates in jinotln-r main street, the expense of the work done on one-half of tli(> width of the street opposite the termination shall be assessed upon the lots in each of the two quarter blocks adjoining and cornering on the same, according to the frontage of snch lots on said main street, and the expense of the other half of the widtli of said street upon flic lot or lots fronting on the laltcr Imll" of the street at such termination. Alley Crossing Main Street. Suhdivision Fire — Where any alley or subdivision street crosses a main strec^t, the expense of all work doiu^ on saiil crossing shall he assess(!d on all lots or portions of lots half way on said alley or subdivision street to the next crossing or intersect inn. or to the end of such alh-y oi- stilidivisiftii street if it dni-s nnl meet another. Alley Crossings. Subdivision Six—Tim expeuse of work don(' a lien upon the lots of land set out therein for the period of two years from the date of its reeordiu'.'. and suit, may b(! brouirhl to enfoi-ce said li<'n as j»rovided in this Chapter. Should such liiial judgment be that of thc^ Superior ('n the issuance of tin; .said certificat(! the Board shall surrendei- to Ilie coul r.icldr the cer- tified ch(!(;k hereinbefor'e provided for. Until the sidewalk or the roadway of any improved sti-cet, avenue, lane, alley, court or place; in Ihe City and County is linally accepted as l)y law or as in this ('barter provided, the obligation to repair, I'ceonstruet or im|)rove the same is imposed upon the owner or 86 Charlvr of the City and County of San Francisco. owuers of tlio lots frouling thereon. — As amended November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661). Contractor May Sue for Amount Due on Repairs. Sec. 17. If the expense of the work and material for the repairs provided for in the hist preceding section be not paid on demand to the contractor so emploj'ed, or his agent or assignee, said con- tractor, or his assignee, shall have the right to sue such owner, tenant, or occupant for the amount contracted to be paid; and the certificate provided for in said section shall be prima facie evidence of the amount claimed for said work and materials, and of the right of the contractor to recover for the same in such action. Said certificate shall be recorded by the Board of Public Works in a book kept by it in the office for that purpose, properly indexed, and the sum contracted to be paid shall be a lien as in case of other assessments provided for in this Chapter. Supervisors May Prescribe Further Penalties. Sec. 18. In addition to the remedies above given, the Super- visors may prescribe the penalties that shall be incurred by any owner or person neglecting or refusing to make repairs when required, as hereinbefore provided. Such penalties shall be en- forced for the use of the City and County by prosecution in the name of the People of the State of California in the Court having jurisdiction thereof, and may be applied in the case of fines to the payment of expense of any such repairs not otherwise provided for. "Owner" of Property Defined. Sec. 19. The person OA\Tiing the fee, or the mortgagee of such fee, or the person who, on the day the action is commenced, appears by deed duly recorded in the County Recorder's office of the City and County, to have the legal title to the land, or the person in possession of lands, lots, portion of lots or buildings under claim, or exercising acts of ownership over the same for himself, or as executor, administrator or guardian of the owner, shall be regarded, treated and deemed to be the "owner" for all the purposes of this Chapter. And in case of property leased, the possession of the tenant or lessee holding and occupying under such persons shall be deemed to be the possession of such owner. Lessee May Deduct Payment From Rent. Sec. 20. Any tenant or lessee of any lot of land on which has been imposed an assessment under the provisions of this Chapter may pay said assessment, or he may discharge any liability imposed thereon by virtue of the provisions of this Chapter, or he may redeem the property within the time prescribed by law, if legally sold on execution, and may deduct the amount so paid from the rents due and to become due from him; and he shall have a lien upon, and may retain possession of, said lots until the amount so paid and advanced, with legal interest thereon, be satisfied from accruing rents or by payment by the owner. Article VI, Clmpter II, Department of Public Works. 87 Records of Board Open to Inspection. Sec. 21. The records kept by the Board of Public Works shall have the same force and effect as other public records, and duly certified copies therefrom may be used in evidence with the same effect as the originals. Said records shall, during all office hours, be open, free of charge, to the inspection of any citizen wishing to examine them. Service of Notices. Sec. 22. Notices in writing required to be given by the Board may be served by any person over the a^e of twenty-one years, and the fact of such service may be verified by the oath of the person making it. Such oath may be taken before the Secretary of said Board or before any member thereof. Accepted Streets. City to Keep in Repair. Sec. 23. When any street or portion of a street has been or shall hereafter be fully constructed to the satisfaction of the Board of Public Works and of the Supervisors, and is in good condition throughout, and a sewer, gas pipes, and water pipes are properly laid therein, the same shall be accepted by the Supervisors by ordi- nance; and thereafter such street or portion of a street shall be kept in repair and improved by the City and County. The Super- visors shall not accept any portion of a street less than the entire width of the roadway, including the curbing, and one block in length, or one entire crossing; but they may partly or conditionally accept any street, without a sewer, or gas pipes or water pipes therein, if the ordinance of acceptance expressly states that they deem such sewer, or gas pipes, or water pipes to be then unneces- sary. In such case the lots of land previously or at any time assessable for the cost of constructing a sewer shall remain and be assessable for such co.st and for the cost of repairs and restoration of the street damaged in said construction, whenever the Super- visors shall deem a sewer to be necessary and shall order it to be constructed. The Board of Public Works shall keep in its office a register of all streets accepted by the Supervisors under this section, which register shall be indexed for easy reference thereto. Procedure for Paving Railroad Tracks, Sec. 24. The Board of Public Works may at any time, without any application therefor, recommend to the Supervisors to order the paving or macadamizing of the jxirtion of any street reciuired by law to be paved or macadamized by the person, company or corporation having railroad tracks thereon. Upon such recom- mendation the Supervisors shall by ordinance order said work to be done and direct said Board to notif.y said person, company, or corporation of the fact of the passage of such ordinance. The Secretary r)f said Board shall thereupon forlhwilh in writing notify said person, company or corporation of IIh; passage' of said ordinance; and if said person, company or corporation shall not within ten days after receiving said notice commence in good faith 8S Charter of the Cilij and County of San Francisco. to do saiil work ;iiul iirosocute tlie same diligenlly to completion, tlio Uonvd sliall invite sealed proposals for doing said work in the manner provided in this Artiele; and all the provisions of this Artiele in regard to such proposals, to the awarding of contracts, to tlie execution of contracts, and to the doing of public work, shall apply to all similar proceedings taken under this section. On' the completion of the work to the satisfaction of the Board the con- tractor sliall ])e entitled to recover from such person, company or corporation tlie contract price for the expense of said work, together with incidental expenses, in an action instituted in a Court of com- petent jurisdiction. On the trial of such action, the certificate of tlie Jioard of the completion of said Mork to its satisfaction shall he prima facie e^adence of the regularity of all the proceedings jirior thereto and of plaintiff's right to recover in said action. Full Width of Street. See. 25. Except as otherwise in this Chapter specifically pro- vided, no ordinance for the improvement of any street other than for sewers, sidewalks and curbs, except for the improvement of the streets constituting or Ijang along the water front of the City and County, and except for such work as is provided for in the next preceding section, shall be passed by the Supervisors without extending said improvement throughout the whole width of such street. Definition of Terms. Use of Patented Pavements. Sec. 20. Wlierever in this Article the word "street" occurs, it shall l)e held to include all streets, lanes, alleys, places and courts which have been, or may be hereafter dedicated and open to public use, and whose grade and width have been legally estab- lished; and the grade of all intermediate or intersecting streets in any one block shall be deemed to conform to the grades as estab- lished at the crossings of the main streets. The word "improvement" shall be held to include grading, paving, planking, macadamizing, piling and capping; and the construction and repairs of sewers, cess-pools, manholes, culverts, drains, sidewalks and curbs. The term "main street" shall mean such street or streets as bound a block, and the term "street" shall include crossing. Tlie word "block" shall mean the blocks known or designated as such upon the maps and books of the Assessor. The term "quarter block," as used in this Chapter as to irregu- lar blocks, shall be deemed to include all lots or portions of lots, having any frontage on either intersecting street half way from .such intersection to the next main street, or, when no main street intervenes, all the way to a boundary line of the City and County. The word "paved" shall include any pavement of stone, iron, wood, or other material which the Supervisors may by ordinance order to be used ; but no patented pavement shall be ordered during the existence of the patent therefor, until the owner of such patent Article VI, Chaplcr II, Beimrlment of Public Works. 89 shall have transferred to the City and County all right to the use of the same therein, witli the privilege to any person to manufac- ture and lay tlie same upon the streets unthn- any contract that may be awarded to him, or entered into l)y him willi the (*ily nnd County. The term "expense" shall in(;lude the i)rice at whie-h the eon- tract was awarded, and the term "incidental expenses" shall include all expenses incurred in printing and advertising the work contracted for, and nil expenses for surveying, measuring and inspecting the work. All notices and resolutions required in this Article to be pub- lished shall be publi.shed daily, legal holidays excepted, in the official newspaper. All notices herein reipiired to be served, whether by (h'livery mailing or posting, may be so served by any male citizen of tlie age of twenty-one years, and his affidavit thereof shall be prima facie evidence of such service. The affidavit by the publisher of the official newspaper, or his clerk, of. the publication of any notice required in this Article to be published, shall be prima facie evi- dence of such publication. Procedure Relating to Closing of Streets. Sec. 27. "When the owners of all the lands fronting upon any .street which is less than forty feet in width, for the entire distance of said street, or for the distance of one or more entire blocks, shall petition the Board of Public Works that the said street, or that portion thereof upon which said lands front, be closed, the Board may pass a resolution recommending tluit the same be closed. Before passing such a resolution the Board shall cause a notice of the application to be publi.shed in the official newspaper, and shall fix a time and place at whieii it will consider tlie same and hear ol)jeclioiis thereto. Upon such liearing it shall determine whether it will reconmiend that tlie street ho. closed; and if it shall so determine, it shall transmit such reecmmendatious to tlie Super- visors. Thereupon the Supervi.sors may pass an ordinance that the street l)e closed; and the same shall not thereafter be, or be deemed to be, a public street, or subject to any public expense or improvement; and the land theretofore included within the road- way and sidewalks of said street shall thereafter be the property of the City and County. No such ordinance shall be passed until the petitioners shall have paioard approve the same, such approval shall he by it indorsed upon the said map or 00 Cliiirhr of llir CU)/ and County of San Francisco. |)l;it. and saiil map with said approval shall then be filed in the otVu'o of the Recordor; and williont such approval indorsed thereon no such map or plat shall bo fik^l in the office of the Recorder, or have any validity; nor shall any street, alley, or public ground hereafter opened and dedicated as such, become or be a public street or be subject to any public improvement or expense without such approval, indorsement and record. No street hereafter laid out sliall be approved or become a public street unless the same shall be at least forty feet in width and two hundred feet distant from any parallel street. Cleaning and Sprinkling of Streets. Districts. Sec. 29. The Board shall cause the public streets to be properly cleaned and sprinkled, and for that purpose may employ such laborers and other employees as may be necessary, and may, with tlie consent of the Supervisors, expressed by ordinance, purchase teams, machinery, materials and other appliances as may be deemed necessary for said work, but the Board must give the preference to hand sweeping so far as it can do so with reference to the proper sweeping of the streets and the funds at its disposal. The Board may, if the public interest will be subserved, cause the cleaning and sprinkling of the public steets to be performed, either in whole or in part, by public contract. In such case the Board shall divide the city, or such portions of the city as it shall determine to have cleaned or sprinkled by public contract, into such number of districts as in its judgment will best induce com- petition for bids, and secure the cleaning or sprinkling of such streets at the lowest cost. The Secretary of the Board shall, under its direction, cause to be published for a period of ten (10) days a notice inviting pro- posals for cleaning or sprinkling each of said districts in accord- ance with the specifications on file at the office of the Board. Bids shall be made for each district separately. All the provisions of this Article in relation to the making and opening of bids, awarding of contracts and entering into and performance of contracts shall be applicable to said contracts. — As amended December 4, 1902; approved hy the Legislature February 5, 1903 (Statutes, 1903, page 590). Urgent Repairs. Sec. 30. The Board shall cause to be made all urgent repairs upon the public streets that may from time to time be requisite for the public safety, and for that purpose may employ such labor- ers as may be necessary, and at such wages as 'may be from time to time fixed by the Board; but when the expense of the repairs upon any street or portion of a street shall exceed the sum of five hundred dollars, exclusive of materials to be furnished from the Corporation Store Yard, the same shall be done under contract awarded in the manner provided in this Article. Article VI, Chapter II, Department of Public Works. 91 Contracts for Materials. Sec. 31. The Board shall, from time to time, after it shall have been directed so to do by the Supervisors by ordinance, invite pro- posals for supplying to the City and County such materials as maj^ be required for the repair of the public streets or for any improve- ment thereof, and such proceedings shall be had in awarding con- tracts therefor as are in this Article provided for awarding other contracts. Corporation Store Yard. Storekeeper. Duties. Sec. 32. The Supervisors shall select some place in the City and County which shall be known as the Corporation Store Yard, wherein shall be kept all supplies, material, implements and machines belonging to the City and County, to be used in repair- ing or cleaning and sprinkling the streets or for any improve- ment thereon. The Board of Public Works shall appoint a Store- keeper for said Yard, who shall hold his office during its pleasure. He shall have the custody of said Yard and of all the supplies, material and implements therein, and shall keep books of account in Avhich shall be kept a systematic account of all purchases, and of the receipt of supplies and material under any contracts awarded under the provisions of the preceding section, and of the delivery thereof, which books shall at all times show the amount of said material and supplies on hand and in store, and when, to whom, and for what purpose each article was delivered. He shall l)e responsible for all material and supplies in said Yard, and shall not deliver any article except upon the written order or requisition of the President and Secretary of the Board of Public Works, and he shall take the written receipt, indorsed upon said order, of each person to whom any delivery is made, specifying the date of such delivery and the amount and kind of material and supplies deliv- ered. For any deficiency in his accounts or for the delivery of any article without such order or requisition and receipt, he shall be liable upon his official bond. All cobble stones, or stone blocks or other material with which any. street or portion of a street may have been paved or planked shall, if at any time removed from said street, be taken to said Yard, and there kept, accounted for and disposed of by the Storekeeper in the same manner as other supplies. Ten Year Installments. Sec. 33. , The method of procedure in this Article provided for the improvement of streets, or for the constniclion of tunnels, subways or viaducts and appurtenances thereto, and for the assess- ment of the expense thereof or any portion of such expense upon private property, shall not be deemed exclusive, but the Board of Supervisors by an affirmative vote of not less than two-thirds of the members thereof, may by ordinance substitute therefor any method of procedure in any general law of the State of California now in force and effect, or as the same may be amended or that 92 Charter of the City and Couniy of San Francisco. may hereafter b.^ enacted, providing for any such improvements in nniuicipalities. and levying: assessments for the expense or portion thereof upon private property; or the said board may, by a like altirmative vote of the members thereof, adopt an ordinance which may from time to time be revised or amended, providing a method of procedure for such improvement and assessment; and in such ordinance if said Board deems it expedient, provision may be made for the payment of any assessment levied in pursuance of tlie provisions thereof in annual installments covering: a term not to exceed ten years upon conditions as to said Board may seem reasonable and just, the rate of interest to be paid on such payments not to exceed 7 per cent per annum. In any proceeding for the improvement of streets Avherein provision is made for the payment of any assessment in annual installments, the amount of such assessment shall not be limited by the provisions contained in Subdivision 3 of Section 8 of this Chapter. — As amended December 10, 1912; approved hy the Legislature March 28, 1913 (Statutes, 1913, page 1602). CHAPTER III. OPENING, EXTENDING, WIDENING, STRAIGHTENING OR CLOSING UP OF STREETS AND THE CONDEMNATION AND ACQUISI- SITION OF LAND AND PROPERTY NECESSARY THERE- FOR AND THE PERFORMANCE OF STREET WORK IN CONNECTION THEREWITH. Power of Supervisors to Open, Etc., Streets. Section 1. Whenever the public interest or convenience may require, the Supervisors shall have full power and authority to order the extending, widening, straightening or closing up, in Avhole or in part, of any street, avenue, lane, alley, court or place within the CiXy and County, and shall have further full power and authority to order the opening of anj'- new street, avenue, lane, alley, court or place within the City and County, and to condemn and acquire any and all lands a^d property necessary for any of the foregoing purposes, and shall have further full power and authority to order to be done in the same proceeding and as a part thereof any and all street work and street improvement in and on any street, avenue, lane, alley, court or place which the Super- visors shall, under the powers conferred upon said Supervisors in this Chapter and Article, order to be extended, widened, straight- ened or opened. The cost, damage and expense of such opening, extending, curving, straightening and closing up of any street, avenue, lane, alley, court or place and of said street work and street improvement may be assessed in whole or in part on property benefited or may be paid in whole or in part out of the revenues of the City and County. Two or more .streets, avenues, lanes, alleys, courts or places laid out in pursuance of one general plan may be opened under one i)roeeeding, and all street work and street improvement therein and thereon may be done under the Article VI, Chapter III, Department of Public Works. 93 same proceeding, and the property benefited may be assessed accord- ing to the benefit from such general plan for the cost, damage and expense thereof. The Supervisors are further empowered to provide by ordinance, or ordinances, passed by 12 members of the Board, the procedure for fully and completely exercising the powers conferred in this section, and the procedure provided for in the following sections of this Chapter shall not be deemed exclusive. In such ordinance or ordinances, if said Board deems it expedient, provision may be made for the payment of an assessment levied in pursuance of the provisions thereof in annual installments covering a term not to exceed ten years, upon such conditions as to such Board may seem reasonable and just, the rate of interest to be made on such pay- ment not to exceed 7 per cent per annum. Or the Supervisors may by resolution, as in the following section provided, declare that any such opening, extending, widening, straightening or closing up of any street, avenue, lane, alley, court or place and said street work and street improvement shall lie done or made in the manner and in accordance with tlie following provisions of this. Chapter or as said provisions may be hereafter amended; in which case the proceedings set out in the following sections of this Chapter shall be taken and had. — As amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Resolution of Intention. Cost of Work; How IVlay Be Paid. Sec. 2. Before ordering such opening, extending, widening, straightening or closing up of any street, avenue, lane, alley, court or place and said street work and street improvement to be made or done the Board of Supervisors shall pass a resolution declaring their intention so to do and further declaring that the same shall be done or made in the manner and in accordance with the pro- visions of this section and tiie following sections of lliis Chapter. Said resolution shall describe the same and the work to be done and the Ifind and property deemed necessai'y to be taken thei'cfor, and shall specify the exterior ])oundaries of the district to he affected or benefited by the improvement and work, and to be assessed to pay the damages, costs and expenses thereof. In case said damage, cost and expense or any proportion thereof, is to be paid out of the revenues of the City and County tlie Supervisors in such resolution may so declare, or at any time thereafter and l)efore the complete |)ayment of said damages, costs and expensi's, said Jioard may declare and detciiuiiu' that any part or the whole thereof rcniaining unpaid shall he paid out of the revenues of the City atid County.— yl.v ameiidcd Drccmbrr 10, 1912; approved by the Legislature March 28, 1913 (S:h,lulr,, ini3. page 1602). Posting of Notices. Sec. 3. 'J'lie Clerk of llic Supervisors shall transiuit to the Board of Public Works a certified copy of such resolution, and 94 Charter of the City and Comity of San Francisco. upiui roi'ciiit thereof said Board of Public Works shall cause to be conspicuously posted alone: the line of said contemplated work or improvement, at not more than throe hundred feet in distance apart, hut not less than three in all, notices of the passage of said resolution. Said notice shall be headed "Notice of Public Work" in letters not less than one inch in length, shall be in legible char- acters, state the fact of the passage of the resolution, its date, and briefly the work of improvement proposed, and refer to the resolution for further particulars. Said Board shall also cause a notice, similar in substance, to be published for a period of ten days in the ofRcial newspaper. Objections and Hearing Thereof. Sec. 4. Any person interested objecting to said work or improve- ment, or to the extent of the district or lands to be affected or benefited by said work or improvement, and to be assessed to pay the cost and expenses thereof, may make written objections to the same within ten days after the expiration of the time of the pub- lication of said notice, which objection shall be delivered to the Clerk of the Supervisors, who shall endorse thereon the date of its reception by him, and at the next meeting of the Supervisors after the expiration of said ten days lay said objection before the Super- visors, who shall fix a time for hearing said objections, not less than one week thereafter. The Clerk of the Supervisors shall notify the persons making such objections by depositing a notice thereof in the Postoffice, postage prepaid, addressed to such objector. Sec. 5. At the time specified, or to which the hearing may be adjourned, the Supervisors shall hear the objections urged, and pass upon the same, and their decision shall be final and conclusive. If such objections are sustained all proceedings shall be stopped, but proceedings may again be commenced at any time by giving notice of intention to do said work or make said improvement. If such objection is overruled by the Supervisors, the proceedings shall continue the same as if such objection had not been made. At the expiration of the time prescribed, during which objections to said work or improvement may be made, if no objections shall have been made, or if objections shall have been made, and the Supervisors, after hearing, shall have overruled the same, the Supervisors shall be deemed to have acquired jurisdiction to order any of the work to be done or improvement to be made which are authorized by Section 1 of this Chapter, and by resolution shall order said work to he done or improvement to be made, as the case may be. Viewing of Lands by Board of Public Works. Sec. 6. Upon the passage of said resolution the Clerk of the Supervisors shall transmit a certified copy thereof to the Board of Public Works. Upon receipt of the same said Board of Public Works shall proceed to view the lands described in the resolution of intention, and may examine witnesses on oath to be administered Article VI, Chapter III, Department of Puhlic Works. 95 by any member of said Board in relation thereto. Having viewed the land to be taken, and the improvement affected, and considered the testimony presented, they shall proceed with all diligence to determine the value of tlie land and the damage to improvements and property affected, and also the amount of the expenses incident to said work of improvement, and, having determined the same, shall proceed to assess the same upon the district of lands declared benefited, tfie exterior boundaries of which were fixed by tlie reso- lution of intention provided for by Section 2 hereof. Such assess- ment shall be made upon the lands within said district in propor- tion to the benefit to be derived from said work or improvement, so far as said Board can reasonably estimate the same, including in such estimate the property of any railroad company within said district, if such there be. In case, however, the Supervisors sliall have declared that tlie whole of such expense shall be paid out of the revenues of the Cit}' and County, then no such assessment shall be made, but the Board of Public Works shall, in such event, report to the Supervisors in detail an estimate of the value of the laud to be taken, the damages to improvements and the amount of expenses incident to said work, and if the Supervisors shall approve such estimate they shall order the amount so fixed to be paid to the persons respectively entitled thereto, as in Section 15 hereof provided. Plat of Assessment District. Sec. 7. Said Board of Public Works having made their assess- ment of benefits and damages, shall, with all diligence, make a written report thereof to the Supervisors, and shall accompany their report with a plat of the assessment district showing the land taken or to he taken for the work or improvement, and the lands assessed, showing the relative location of each district, block, lot or portion of lot, and its dimensions, so far as can be reasonably ascertained. Each l)lock or lot, or portion of lot, taken or assessed, shall be designated and described in said plat ])y an appropriate number, and a reference to it by such descriptive lunuber shall be a sufficient description of it in any suit entered to condcnui, and in all respects. When the report and plat are approved l)y the Supervisors, a copy of said plat, appropriately designated, shall be filed by the Clerk thereof in the office of the Recorder of the City and County. What Report to Specify. Sec. 8. Said report shall specify each lot, subdivision or piece of property taken or injured in the widening or other improve- ment, or assessed therefor, together with the name of the owner or claimants thereof, or of persons interested therein as lessees, incumbrancers, or otherwise, so far as the same are known to said Board of Pul)iic Works, and the particulars of their interest, so far as the same can be ascertained, and the amount of value or damage, or the amount a-ssessed, as the case may be. 9() Charlt'i- of flic Cilji and Coiinlij of S(l in conformity therewith. Owner May File Estimate of Damages. Sec. 2, In case the resolution of intention provides for re- jrrading. repaving, sewering, sidewalking, curbing or othermse improving said street or streets, to said changed or modified grade, any person owning property fronting upon said portions of the street or streets where such street work is to be done, may file a petition with the Board of Pul)lic Works within sixty days after the first publication of said resolution of intention, showing the fact of such ownership, a description and situation of the property claimed to be damaged, its market value, and the esti- mated amount of damages over and above all benefits which the property would sustain by the proposed change if completed. Such petition shall be verified by the oath of the petitioner or his agent. A failure so to petition shall be deemed and treated as a waiver of any claim for such damage or damages, and said reso- lution of intention shall so declare. i Board Shall Estimate Costs. Sec. 3. Whenever such petition or petitions have been filed, the Board of Public Works shall estimate and assess the benefits, damages and costs of the proposed work or improvement upon each separate lot of land situated within such assessment district as said lot appears of record upon the last City and County assess- ment roll. Power to Subpoena Witnesses. Sec. 4. The Board of Public Works shall have power to sub- poena witnesses to appear before them to be examined under oath, which any member of the Board of Public Works is au- thorized to administer. Assessment of Costs. Sec. 5. The Board of Public Works having determined the dam- ages which would be sustained by each petitioner, in excess of all benefits, shall proceed to assess the total amount thereof, together with the costs, charges and expenses of the proceedings, upon the several lots of land benefited ^nthin the district of assessment, so that each of the lots shall be assessed in accordance with its benefits caused by such work or improvements. Report of Board of Public Works. Sec. 6. The Board of Public Works shall make their report in writing, and shall subscribe to and file the same with the Board of Supervisors. In such report they shall describe separately each piece of property which will sustain damage and for which Article VI, Chapter VI, Department of Public Works. 107 damages have not been waived, stating the name of the owner, if known, and the amount of damages each will sustain over and above all benefits. They shall also describe separately each lot benefited within said assessment district, the name of the owner, if known, and the amount of benefits in excess of the damages assessed against the same. In describing the lots to be assessed, reference may be had to a diagram of the property in such assess- ment district, such diagram to be attached to and made a part of the report of the Board of Public Works. If in any case the Board of Public Works shall find that confiicting claims of title exist, or shall be in ignorance or doubt of the ownership of any lot of land, or any improvement thereon, or any interest therein, it shall be set doun as belonging to unknown owners. Error in designa- tion of the owner or owners of any land or improvement or par- ticulars of their interest, shall not affect the validity of the assess- ment. Notice of Filing of Report. Sec. 7. On the filing of said report, the Clerk of the Board of Supervisors shall give notive of such filing by the publication of a notice for at least ten days in the official newspaper. Said notice shall require all persons interested to show cause, if any they have, before the Board of Supervisors, on a day to be fixed by the said Board and stated in said notice, which day shall not be less than twenty days from the first publication thoi-t'of, why su('h report should not be confirmed. Objections to Report. Sec. 8. All objecticms filed in i-esponse to said notice to show cause shall be in writing and filed with the (-lerk of the Board of Super-visors, who shall, at the next meeting after the date fixed in the notice to show cause, lay the said objections, if any, be- fore the lioard of Supervisors, which shall fix a time not less than fifteen days thereafter for hearing the saine, of which time the Clerk shall notify the o])jectors by notice jjublislicd in the official ncuspaixT foi- a period of five days and by depositing a notice, postagai(l or provided for. The iioard shall ascertain and tran.smit to the Auditor on or before the first Monday in April of each year an estimate of the amount required for such segregation within such limit of twenty-eiglit dollars. lis Charhr of the Cifti and County of San Francisco. Demands to Be Filed and Signed. Salary Roll. 10. All demands payable out of the Common School Fund shall be filed with the Secretary of the Board of Education, and after they have been approved hy the Board, they shall be signed by the President of the Board and the Superintendent and sent to the Auditor. Every demand shall have endorsed upon it a certificate, signed by the Secretary, of its approval by the Board of Education, sho^^^ng the date thereof, and the law authorizing 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 approved by the Board, signed by the President and Secretary thereof. The entire monthly sal- ary roll of the Department shall be made up by the Secretary of the Board, and after being duly audited by the Finance Com- mittee thereof and approved by a majority of all the members of the Board, shall be endorsed in the same manner as other de- mands. The salary roll so audited, approved and endorsed, shall be immediately transmitted to the Auditor not later than the third day of every month for comparison with the individual salary warrants issued in the manner above provided: but pay- ment shall be made only on the individual warrants issued in accordance herewith. Leasing of School Property. 11. To lease to the highest responsible bidder, for the benefit of the Common School Fund, for a term not exceeding thirty- five years any real property of the School Department not re- quired for school purposes; but no lease shall be made except after advertisement for bids for at least sixty days in the official newspaper and one other daily newspaper of general circulation, published in the City and County, and by an affirmative vote of at least three members of the Board of Education and approved by an ordinance of the Board of Supervisors, passed by a vote of at least fifteen of its members, and approved by the Mayor; and provided that at the expiration of the term of said lease all buildings and improvements erected shall revert to and become the property of the School Department of the City and County. — As amended, November 5, 1907 ; approved hy the Legislature No- vember 23, 1907 {Statutes Special Session, 1907, page 55). Trust Funds. 12. To receive and manage property or money acquired by bequest or donation in trust for the benefit of any school, edu- cational purpose or school library; to carry into effect the terms of any bequest not in conflict with the general laws of this Char- ter; and to sell such personal property as shall no longer be re- quired for use 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. Article VII, Chapter IV, Public Scliools and Libraries. 119 Proposals for Supplies. Provisions Governing Proposals. Sec. 2. The Board shall annually, before the first day of IMay, make a list of supplies estimated to he required hy the School De- partment for the ensuing: fiscal year, statinof in clear and explicit terms the fjuantity and kind of articles needed and how and when they shall he delivered, and shall invite proposals for furnishins: the same hy advertising therefor for at least ten days in the official newspaper. The provisions of Article IT, Chapter III, of this Charter, in regard to the advertising for proposals, the aftidavit and security accompanying the sanie, the presentation and o])ening of ]iroi)osals; the awarding of contracts and the security for the i^erformance thereof, shall, so far as the same can be made applicable, apply to all proposals and contracts made, aAvarded or entered into for fur- nisliing supplies to the School Department. Any contract nuide in violation of any provision of this Article shall be void. Annual Report to Supervisors. Sec. 3. The Board shall, during each year, transmit to the Supervisors a report in writing for the preceding fiscal j^ear, stating the number of schools within its jurisdiction, the length of time they have been kept open, the number of pupils taught in each school, the average daily attendance of pupils in all the public schools, the number, names and salaries of teachers, the dates of their appointments and the character of the certificates held by them, the amount of mcmey drawn from tlic treasury by the Department during the year, distinguishing the State fund from all others, the purpose for whicli such money has ])een expended, with particulars, and such othiM- infoi-niation as may be required by the State Superintendent, the Supervisors or the Mayor. Schedule of Salaries. 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 emj)l()yes of the School Department. rilABTKR TV. SUPERINTENDENT OF SCHOOLS. Superintendent of Schools. Salary. Section 1. The Superintendent of Sehool.s of the City and County shall he elected by the <|Uali(ie(l electors thereof ;it each gubernatorial election. lie .shall be l»y virtue of his oflice ;i iiiciiihcr ol' tlic Uoard (tf Education. JIc shall receive an aiiiiii;il salary of four thousand dollars. — As (unended March Id, ItHTi; (i})}>rnr(ate in tlie apportionment thereof. Common School Fund. Sec. 2. The Supervisors at the time and in the manner of levy- ing and collecting other City and County taxes shall levy and cause to be collected for the Common School Fund a tax which, added to the revenue derived from other sources, shall produce an amount of money which shall not exceed thirty-two dollars and fifty cents for each pupil in attendance during the preceding fiscal year, as ascertained and reported by the Roard of Education. Extraordinary Expenditures. Sec. 3. In case of extreme emergency or great calamity, such as disaster from fire, riot, earthquake or public enemy, the Board of Education may. with the approval of the ]\Iayor or Super- visors, incur extraordinary expenditures in excess of the annual limit provided for in this Charter, for the repair and construction and furnishing of seliool houses in place of those so injured or de- stroyed. The Supervisors may, by ordinance, cause to be trans- ferred to the Common School Fund, from moneys in any fund not otherwise appropriated, sufficient money to liquidate such expenditure, and provide for the same in the next tax levy of the City and County. CHAPTER VI. SCHOOL HOUSES AND LOTS. New School Houses. Plans and Estimates. Section 1. When any locality in the City and County is un- provided with sufficient school accommodations, the Board of Education may, by resolution, make a requisition upon the Board of Public Works for plans and specifications and estimates for a new school house, specifying the number of class rooms needed, the location of the proposed school house, the date on which it should be completed, the amount of money in the School Fund available for the purpose, and such other information as will enable the Board of Public Works to prepare the necessary plans, specifications and estimates of cost for such school house. If such plans, specifications and estimates are approved by the Article VII, Chapter VII, Public Schools and Libraries. 123 Board of Education they shall be endorsed "Approved." with the date of such approval, 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 com- pleted in accordance therewith. When such school house is completed, the Board of Public Works shall notify the Board of Education to examine the same, and if it has been built in accordance with the plans and specifi- cations and within the estimated cost thereof, the Board of Edu- cation shall accept and take possession of it. Repairs by Board of Public Works. Sec. 2. When any school house, building, fence or other prop- erty belonging to, or connected with or under the control of, the Board of Education, needs repairing, altering or improving, 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 tlie saiiie to be done forthwith, if the cost thereof shall not exceed two hundred and fifty dollars; otherwise the Board of Public Works shall submit plans, specifications and estimates of cost to the Board of Education for its approval, and if approved as provided in section one of this Chapter, the Board of Public Works shall cause the same to be done, and if done in accordance with the plans and specifications, and within such estimate, the same shall be accepted and shall be paid for out of the Common School Fund. Purchase of Lots. Sec. 3. When it is necessary to purchase a lot for the use of the School Department, the price paid for such lot shall not ex- ceed the market value of adjacent property of equal size and similarly situated. Any school building hereafter constructed shall have a clear space of at least ten feet around the same. CHAPTER VII. PUBLIC LIBRARY AND READING ROOM. Board of Trustees. How Constituted. Section 1. The Public Library and Heading Kooms of Ihc (!ity and Omnty shall be under tlie management of a Board of twelve Trustees, one of whom shall be the Mayor of the City and County, 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 Charter shall take efTect shall continue to constitute the T?f)ard of Trustees of said Public Tjibrary and Rend- ing Rooms; and all vacancies therein shall be liled by said l^>ard. None of said Trustees shall receive any compensation for his services. 124 Charter of the City and County of San Francisco. Library Fund. Amount of Tax. Sec. 2. The Supervisors shall, for the purpose of maintaining such Library and Reading Rooms and such branches thereof as the Board of Library Trustees may from time to time establish, .iiui for purcliasing books, journals and periodicals, and for pur- fhasing or leasing real and personal property and for construct- ing such buildings as may be necessary, annually 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. Gifts and Bequests to Library Fund. See. 3. All revenue from such tax, together with all money or property derived by gift, devise, bequest or otherwise, for the purposes of the Library, 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 preserva- tion of the same and the application thereof to the use of the Library and Reading Rooms, in accordance with the terms and conditions of such gift, devise or bequest. Title to Vest in City and County. Sec. 4. The title to all property, real and personal, now owned or hereafter acquired by purchase, gift, devise, bequest or other- wise, 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 defended by action at law or otherwise. Powers of Board, Officers and Emoloyees. Sec. 5. The Board shall take charge of the Public Library and Reading Rooms, and the branches thereof, and of all real and per- sonal property thereunto belonging or that may be acquired by loan, purchase, gift, devise or otherwise, when not incon- sistent 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 con- stitute 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 assistants as may be necessary. The Secre- tary shall keep a full account of all property, money, receipts and expenditures and a record of all its proceedings. Article VII, Chapter VII, Public Schools and Libraries. 125 Powers of Board. 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 : Rules and Regulations. 1. To make and enforce all rules, regulations and by-laws necessary for the administration, government and protection of the Library and Reading Rooms and branches thereof, and all property belonging thereto, or that may be loaned thereto. Administer Trusts. 2. To administer any trust declared or created for such Library and Reading Rooms and branches thereof, and provide memorial tablets and niches to perpetuate the memory of those persons who may make valuable donations thereto. Appoint and Remove Assistants. 3. To define the powers and prescribe the duties of all offi- cers: (Ictoniiine the number of and cloct all necessary subordinate officers and assistants, and for good and sufficient cause to re- move any officer or assistant. Purchase Books. 4. To purchase books, journals, publications and other per- sonal property. Payments From Library Fund. 5. To order the drawing and payment upon vouchers, certi- fied by the President and Secretary, of money from the Library Fund for any liability or authorized expenditure. Fix Salaries. Buildings, 6. To fix the salaries of the Librarian and Secretary and their assistants; and, with the approval of the Supervisors expressed by ordinance, to eroet and efjuip such building or buildings, room or rooms, as may bo necessary for the Library and Reading Rooms and branches thereof. Branches. 7. To establish such branches of the Library and Reading Rooms as the growth of the City and County may from time to time demand. Supervisors May Authorize Use of Real Estate for Library Purposes. Sec. 7. The Supervisors sliall have power to appropriate and authorize the use, either in whole or in part, of any real estate belonging to the ('ity and (Jounty, for the i)urj)oso of erecting and maintaining a building or buildings thereon to be usimI for tlie Library and Reading Rooms, or brandies thereof, and nuiy ap- propriate the whole or any portion of any public l)uily the orders of their respective Captains. Sergeants' Duties. Sec. 4. There shall be as many Sergeants as in the judgment of the Commissioners may be advisable, not to exceed one Sergeant for every ten police officers. The duties of Sergeants shall be defined by the rules and regulations of the Commissioners, the orders of the Chief of Police, and tliarty or person making such rec|uest shall first deposit two dollars and fifty cents for each man so detailed Avith the Prop- erty Clerk of tlu; Departnii^nt, who shall give him a re<'eipt for the same, and such sum shall be at oix-e paid into the li-e;isury 1o the credit of the I'olice Relief and Pension Fund. 13S Charter of the City and County of San Francisco. Auditor's Report on Pension Fund. Surplus. See. 13. On the last day of June of eaeh year, or as soon there- after as praetieable. the Autlit(»r shall make a report to the Super- visors of all moneys paid out of sucli Fund during the previous year, and of the amount then to the eredit of such Fund. The surplus then remaininjr in sueh Fund exeeeding the average annual amount paid out of sueh Fund during the three years next preced- ing shall ])e transferred to and become a part of the Surplus Fund, and shall be no longer under the control of the Board or subject to its order. Payments provided for in this Chapter shall be made quarterly upon proper vouchers. When in any one year a deficiency shall exist in such Fund, such deficiency shall be provided for and made good by the Supervisors in their next ensuing tax levy. Article IX, Chapter I, Fire Department. 139 ARTICLE IX. FIRE DEPARTMENT. CHAPTER I. ORGANIZATION AND POWERS. Board of Four Commissioners. Appointed by Mayor. Salary. Section 1. The Fire Department shall be under the manage- ment of a Board of Fire Commissioners, consisting of four mem- bers, who shall be appointed by the ]\Iayor, and each of whom shall receive an annual salary of twelve hundred dollars. No person shall be appointed a Fire Commissioner who shall not have been an elector of the City and County for at least five years next preceding his appointment. Political Affiiiatkons. Term. 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 Commissioners shall be four years. Those first appointed shall so classify themselves by lot that they shall respec- tively go out of office at the expiration of one, two, three and four years. Successors in Office. Sec. 3. The Commissioners shall be successors in office of the Fire 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. Organization. President. Secretary. Salary. Meetings. Sec. 4. The Commissioners shall organize by electing one of their number President, who shall hold office for one year. The Board may appoint a Secretary who shall perform such duties as the Board may prescribe. He shall receive an annual salary of twenty-four hundred dollars. The Board shall meet at least once a week, and as often as the business of the Department may require, and all its meetings shall be public. Powers of Board. Sec. 5. The Board sliall organize tlic Department, create and establisli such fire companies as it may deem neces.sary, prescribe the number and duties of the officers, members and emph)yocs of the Department, and the uniforms and badges to be worn by them; have control of all the property and etpiipmcnts of llie Depart- ment, and exercise full power and authority over all ;ii)|>r()pria- tions made for the use of the Department. Qualifications of Firemen, Mechanics and Other*. Sec. 6. All persons appointed to positions in the Department mu.st at the time of their appointment be citizens of tlic United States, not less than twenty-one nor more than thirty-five years 140 Charter of the City and County of San Francisco. of agre, of ^ood character fdr lumosty and sol)riety, and able to read and write Encrlisli ; they must have been residents of the City and County at least five years next preceding the date of their appointment; tliey must pass a medical examination under such rules and regulations as may be prescribed by tlie Commissioners, and must, upon such examination, be found in sound bodily health ; provided, however, that the age limit herein prescribed shall not apply to engineers and pilots of fireboats, to engineers, mechanics and employees of the auxiliary fire system or of the corporation yard, or to clerks in the office of the Commission; but the age of such persons in this proviso named shall, at the time of their appointment, be not less than twenty-one nor more than fifty-five years; and, provided further, that employees and appointees in this proviso named shall not be subject to nor derive any benefit from the provisions of Chapter VII of this Article relating to Firemen's Relief Fund. — As amended November 15, 1910; ap- proved hy the Legislature, February 17, 1911 (Statutes, 1911, page 1661). Trial Before Dismissal. Sec. 7. No officer, member or employee of the Department shall be appointed, transferred or removed because of his political opinions, nor shall he be transferred or dismissed except for cause, nor until after a trial before the Commissioners. Powers and Duties of Commissioners. Sec. 8. The Commissioners shall see that the officers, members and employees of the Department faithfully discharge their duties, and that the laws, ordinances and regulations pertaining to the Department are carried into effect. The Board shall make such rules and regulations as may be necessary to secure discipline and efficiency in the Department, and for any violation of such rules and regulations may impose reasonable fines upon the officers, members and employees of the Department, or may suspend any of them for such reasonable time as the Board may by rule pre- scribe. Such fines shall be deducted from the monthly warrants of the officers, members and employees upon whom they are im- posed, and shall be transferred by the Treasurer to the Firemen's Relief and Pension Fund. Duties of Clerk and Commissary. Sec. 9. The Clerk and Commissary of the Fire Department Corporation Yards shall not deliver any supplies or stores of the Fire Department except upon an order signed by the Chief Engi- neer and the Secretary of the Commissioners; but during a confla- gration, such material or apparatus as may be required for the purpose of extinguishing such conflagration may be withdrawn from said Corporation Yards by order of the Chief Engineer, or by any officer in charge of the force of the Department at such conflagration. Article IX, Chapter II, Fire Department. 141 No other Employment. Sec. 10. No member or employee of tlie Fire Department shall be engaged in any other emplojonent. CHAPTER II. DUTIES OF THE COMMISSIONERS. Reorganization of the Department. Section 1. The Board of Fire Commissioners shall immedi- ately after their appointment and qualification proceed to reor- ganize the Fire Department in conformity with the provisions of this Charter. In so doing the Board shall make its appointments of officers and members from the persons constituting the force in the service of the Fire Department at the time this Charter goes into effect. Such officers and members shall not be required to pass any Civil Service examination. All future appointments and promotions shall be made subject to the provisions of Article XIII of this Charter. If any reduction is made in the force of the Department, the Commissioners may temporarily discharge those persons whose discharge shall be most conducive to the efficient reorganization of the Department; but in case of a subsequent increase of the force, those temporarily discharged shall be reap- pointed without Civil Service examination and assigned to the same rank in which they were at the time of their discharge. Fair Public Trial Before Dismissal. Sec. 2. No officer, member or employee of the Department shall be dismissed or transferred except for cause, nor until after a trial. The accused shall be furnished with a written copy of the charges against him at least three days previous to the day of trial. He shall have the right to appear in person and by counsel and examine witnesses in his behalf. All witnesses shall be examined under oath, and all trials shall be public. Salary During Disability. Sec. 3. When any officer, member or employee of the Depart- ment shall become temporarily disabled by reason of injuries received while in tlie actual performance of his duty therein so as to incapacitate him frf)m performing his duty, the Commissioners shall allow his salary during the continiiMiicc of sutih temporary disability. Performance of Contracts. Sec. 4. The (Jomnii.ssioners shall see th;it all contracts awarded and work done for the Department arc faithfully performed, and .shall, upon the awarding of any such contract, exact an adequate bond for the prompt and faithful performance of the same. The provisions of Article II, Chapter Til, of this Charter in regard to the advertising for proposals, the affidavit and security accompanying the .same, the presentation and opening of pro- 142 Charter of ihe City and County of San Francisco. posjals. the awarding of eoutracts and the security for the perform- ance tliorcof. shall, so far as the same can be made applicable, apply to all i)r(iposals and contracts made, awarded or entered into f(»r furnishing supplies to the Fire Department. Any con- tract made in violation of any of the provisions of this Chapter sliall be void. CHAPTER III. THE CHIEF ENGINEER. Duties of Chief Engineer and Assistants. Section 1. The Board of Fire Commissioners shall appoint a Chief Engineer, who shall be charged with the special duty of superintending the extinguishment of fires. The Chief Engineer shall be the chief executive officer of the Fire Department, and it shall be his duty and that of the Assistant Chief Engineers and of the Battalion Chiefs to see that all laws, orders, rules and regula- tions in force in the City or County, or made by the Commission- ers concerning the Fire Department, are enforced. Powers and Duties of Chief Engineer. Sec. 2. The Chief Engineer may suspend any subordinate officer, member, or employee of the Department for incompetency, or for any violation of the rules and regulations of the Fire Department, and shall forthwith report in w'riting such suspension, with his reasons therefor, to the Commissioners for their action. He shall diligently observe the condition of the apparatus and workings of the Department and report in writing thereon at least once a month to the Board and make such recommendations and suggestions respecting the same as he may deem proper. In the absence or inability of the Chief Engineer, an Assistant Chief Engineer shall perform his duties. Destruction of Buildings. Sec. 3. The Chief Engineer, or, in his absence, the Assistant Chief Engineers, or, in their absence, any Battalion Chief in charge, may, during a conflagration, cause to be cut down or otherwise removed any buildings or structures for the purpose of checking the progress of such conflagration. Chiefs' Operators. Sec. 4. The Chief Engineer may detail for duty as Chiefs' Operators such members of the Department as he may select, not to exceed one such Operator for each Chief, Assistant Chief and Battalion Chief. The members so detailed shall be knowTi and ranked as CJiiefs' Operators. Each of said Chiefs' Operators shall receive an annual salary of fifteen hundred dollars. They may be removed from such detail at any time, by the Chief Engineer. — Section added by amendment November 5, 1907 ; approved by the Legislature November 22, 1907 (Statutes Special Session, 1907, page 22). ..... -^ Article IX, Chapter V, Fire Department. 143 CHAPTER IV. FIRE COMPANIES. Fire Companies, of Whom Composed. Section 1. Each Steam Fire Engine Company shall be com- posed of not more than one Captain, (me Lieutenant, one Engi- neer, one Driver, one Stoker and Six Hosemen. Each Hook and Laddei- Company shall l)e coiupitscd of not more than one Captain, one Lieutenant, one Di-ivcr, one 'rillei-nuni and eight Truckmen. Each Chemical Engine Company shall be composed of not more than one Captain, one Lieutenant, one Driver and one Hoseman. Each Water Tower Company shall be composed of not more than one Captain, one Lieutenant, one Driver, and one Hoseman. Each Fire Boat Company shall be composed of not more than one Captain, one Lieutenant, two Pilots, two Engineers, three Firemen and twelve Hosemen. — a\s amended November 5. 1907 ; approved by the Legislature November 22, 1907 (Statutes Special Session, 1907, page 22). CHAPTER V. FIRE MARSHAL. Marshal and Assistant. Section 1. The Board of Fire Commissiimers, on the written recommendation of the Board of Directors of the corporation known as the Underwriters' Fire Patrol of San Francisco, may appoint such persons as may l)e recommended by said Board of Directors as Fire Marshal and Assistant Fire Marshal. Vacancies occurring in the office of Fire ]\Iarshal or Assistant Fire Marshal shall he filled in the same manner. The salaries of said Fii-e Mar- shal and of his assistant and deputies shall be fixed and paid l)y said lioard of Directors of said Underwriters' Fire Patrol of San Francisco, and in no event shall the (^ity and County he liable therefor or for any part thereof. Duties. Sec. 2. The Fire .Mai-sluil, or, in case of his disability, the Assistant Fire Marshal, shall attend all fires which may occur in the ^"it.y and ('ounty, and he shall take chai'ge of and pfdtecl all propei'ty which may be imperiled Ihereby. Powers. Se(;. ;{. The Fii'c .Marshal may call upon policemen during the time of any tire I'or the purpose of |)ro1ecting properly until the arrival of the owner or claimant thereof, and in case the owner or i'laimant of such ju-operty does not take chai'ge of the same within twenty four Imurs the Kiir Mar'shal may have such prop- ei-ty stored a! tlii- uuiii-rs (ir (■biinuKil s cxpetise. Powers and Duties of Fire Marshal. Sec. 4. The Fire .Marslial shall be charged with the enforce- ment of all laws and ordinances relating to the stoi-age, sale and 144 Charier of the City and County of San Francisco. use of oils, combustible materials and explosives, together witli the investigation of the cause of all fires. In all cases where there is reason to believe that fires are the result of crime or that crime has been committed in connection therewith, the Fire Marshal must report the same in writing to the District Attorney. The Fire ^Marshal shall also have the care of, and may sell, subject to the orders of the Board of Fire Commissioners, all property saved from fire for wliich no owner can be found, and at once pay the amount realized from any such sale into the treasury. He shall exercise the functions of a police officer. Deputies. See. 5. The Fire ^Marshal sliall have power to appoint deputies for inspecting buildings, but such deputies shall receive no com- pensation for their services from the City and County. CHAPTER VI. FIRE WARDEN. Wardens. Safety of Buildings. Section 1. The Chief P]ngineer, Assistant Chief Engineers, Battalion Chiefs and the Fire Marshal shall constitute a Board of Fire Wardens, with power to inspect and report to the Board of Public Works as to the safety of buildings and other structures \nthin the City and County. CHAPTER VII. FIREMEN'S RELIEF FUND. Relief Fund. Board of Trustees. Section 1. In order to continue in force and make effectual pensions already existing in favor of firemen, a fund is hereby created to be known and designated as the Firemen's Relief Fund. The Board of Fire Commissioners of the City and County and its successors in office shall constitute a Board of Trustees of said Fund. The Board hall be known as the Board of Fire Pension Fund Commissioners. Tax for Relief Fund. Sec. 2. There shall be annually levied, collected and appor- tioned to the Firemen's Relief Fund a tax sufficient to meet and pay all demands upon said Fund, for the purposes set out in this Chapter. Retiremerrt- Pensions, Sec. 3. The Commissioners shall, upon the application, duly verified, of any officer or member of the Fire Department who .shall have served as an active member of the Fire Department for twenty-five years continuously next preceding the date of said application, or, of any officer or member of the Fire Department who shall have reached the age of fifty-five years, and shall have served as an active member of the Fire Department for twenty Article IX, Chapter VII, Fire Department. 145 years continuously next preceding the date of said application, retire and relieve from service such officer or member; provided, also, that the Conmiissioners may, by a unanimous vote, retire and relieve from service any aged, disabled or infirm officer or member of the Fire Department who has arrived at the age of sixty years, and has served as an active member of the Depart- ment for twenty years continuously next preceding such age, and who upon examination by two regularly certificated practicing physicians, appointed by the Conmiissioners for that purpose, may be ascertained to be by reason of such age, infirmity, or other dis- ability, unfit for the performance of his duties. Such retired officer or member shall receive from the Firemen's Relief Fund a monthly pension equal to one-half the amount of the salary attached to the rank held by him for three years prior to the date of his retirement, and the same shall cease at his death. — As amended November 5, 1907; approved by the Legislature Novem- ber 22, 1907 (Statutes Special Session, 1907, page 21). Physical Disabilities. Annual Pension. Sec. 4. Any member of the Fire Department who shall l)ec(>me physically disabled by reason of any bodily injury received in the performance of his duty, upon his filing with the Commissioners a verified petition setting forth the facts constituting such dis- ability and the cause thereof, accompanied by a certificate signed by the Chief of the Fire Department, the Captain of the Company to which he belongs, and by two regularly certificated physicians of the City and County, recommending his retirement upon a pen- sion on account of such disability, may be retired from the Depart- ment upon an annual pension equal to one-half the amount of salary attached to the rank which he may have held three years prior to the date of such retirement, to be paid to him during his life and to cease at his death. In case his disability sliall cease his pension shall cease, and he shall l)e restored to the service in the rank he occupied at the time of his retirement. Family of Member Killed. Pension to Widow, Children and Parents. Sec. 5. The Commissioners sliall, out of the Firemen's Ixdicf Fund, provide as follows for the family of any officer. menil>cr or employee of the Fire Department who may bo kiUed or injured while in the performance of his duty, and who shall have died within one year from the date of such injury, and the rccei|)t by such officer, member oi- eni|)loyee of any relief under this (Chapter, during his lifetime shall not i)ar the said faniily from the benefits of this section. First — Should tlu^ dcccdciil lie iiiafi-icprovcd by the Legis- lature November 22, 1907 (Slahtles Special Session, 1907, page 20). 14S Charter of ihe City and County of San Francisco. CHAPTER IX. DEPARTMENT OF ELECTRICITY. How Constituted. Section 1. There is hereby created a Department of Electricity, wliich shall have charge of the construction and maintenance of the Fire Alarm and Police Telegraph and Telephone Systems, and shall be under the control of a joint Commission composed of the Board of Fire Commissioners and the Board of Police Commis- sioners. Chief Electrician. Salary. Sec. 2. There shall be appointed by the Board of Fire Com- missioners and Board of Police Conmiissiouers, acting in joint session, a practical and skilled Electrician, and who shall have general supervision of the Department of Electricity. He shall receive a salary of three thousand dollars per annum. Employes, Department of Electricity. Sec. 3. The Joint Commission may appoint such assistants and other employees as may be necessary to efficiently maintain, extend and repair the Department of Electricity at all times. All appoint- ments shall be made subject to the provisions of Article XIII hereof. The number and compensation of all such assistants and other employees of the Department of Electricity shall be fixed annually by the Supervisors, but no compensation to any of such persons shall be greater than is paid in similar employments. Any person who, under a classification of positions by the Civil Service Commission, has been appointed in conformity with Article XIII of this Charter, and who has served the probation period required by said Article, is hereby declared appointed within the provisions of the Article XIII to said position so classified. — As amended November 5, 1907 ; approved hy the Legislature November, 23, 1907 (Statutes Special Session, 1907, page 59). Jurisdiction. Sec. 4. The Fire Department and the Police Department shall each have sole control over its own systems and -scares. Citizens May Connect With System. Sec. 5. Any citizen, firm or corporation may, for the purpose of police and fire protection, be connected with the Police or Fire Signal System, or Telephone or Telegraph System, upon making fair payment for the connection and use of the same. Such rates of payment shall be fixed by ordinance of the Supervisors; but no connection shall be made so as to interfere with the use of the main line. Supervise Electrical Wires and Appliances. See. 6. The Department of Electricity is also charged with the duty of enforcing all the rules, regulations, orders and require- ments made by ordinance of the Supervisors in regard to the inspection and supervision of electrical wires and appliances, and the currents for furnishing light, heat or power in and upon streets and buildings in the City and County. Article X, Department of Public Health. 149 ARTICLE X. DEPAKTMENT OF PUBLIC HEALTH. How Constituted. Section 1. There shall be a Department of Public Health under the management of a Board of Health. The Board shall consist of seven members, all of whom shall be appointed by tlie -Mayor, and three only of whom shall be physicians. Said physicians shall be regularly certificated physicians of the City and County at the time of their appointment, and must have been such for at least five years next preceding their appointment. The members of the Board shall serve without compensation. They shall elect one of their members President, and shall adopt such rules and regula- tions as may be necessary for the government of the Board. — As amended November 5, 1907 ; approved by the Legislature Novem- ber 23, 1907. (Statutes Special Session, 1907, page 58). Terms of Office of Health Board. Sec. 2. The appointed members of the Board, excepting those first appointed, shall hold office for seven years. Those first ap- pointed under this Charter shall so classify themselves by lot that one of them shall go out of office at the end of one year; one at the end of two years; one at the end of three years; one at the end of four years; one at the end of five years; one at the end of six years; and one at the end of seven years. Within thirty days after the ratification of this amendment by the Legislature of the State of California, the offices of the then incumbent members of the Board of Health shall become vacant, and the Mayor shall thereupon proceed to appoint a Board of Health pursuant to the provisions of the preceding section. — As amended November 5, 1907; approved by the Legislature Novem- ber 23, 1907 (Statutes Special Session, 1907, page 59). Powers and Duties of Board. Sec. 3. The Board shall have the inanagoiiient and control of the City and County Hospitals, Almshouses, Ambulance Service, Municipal Hospitals, Receiving Hospitals, and of all matters per- taining to the preservation, i)r()motion and protection of the lives anfl health of the inhabitants of the City and County; and it may determine the natiii-e and character of nuisances and provide for their abatement. It shall have the sanitary supervision of the municipal institu- tions of the City and County, including jails, schoolhuuses and all public buildings; of the disposition of the dead; of the disposition of garbage, offal and other offensive substances. Except as provided in Article II, Chapter HI, of this Charter, it shall have the exclusive control and disposition of all expendi- tures necessary in the institutions under its iinniediate control. l.'iO Charter of the Cihf and Coioify of San Francisco. Enforce Ordinances of Supervisors. Seo. 4. Tho Btvird shall onforco all ordinances, rules and regu- lations wliicli may be adopted by the Supervisors for the carry- ing out and enforcement of a good sanitary condition in the City and County; for the protection of the public health; for deter- mining the nature and character of nuisances and for their abate- ment : and for securing the proper registration of births, deaths and other statistical information. It shall from time to time submit to the Supervisoi*s a draft of such ordinances, rules and regulations as it may deem necessary to promote the objects men- tioned in this section. Appointees. Salaries. Duties. Sec. 5. The Board may appoint such officers, agents and em- ployees as may be necessary for the proper and efficient carrying out and enforcement of the purposes and duties of the Board, and may fix their salaries and prescribe their duties. All appointments in the Department shall be made under the provisions of Article XIII of this Charter, and no person so appointed by the Board shall be removed without cause. City Hospital Physician. See. 6. The Board may appoint a Resident Physician of the City and County Hospital, who must be a regularly certified physician, and who must have been a resident of the City and County for at least five years next preceding his appointment. He shall devote his time exclusively to the duties of his office. Physicians and Surgeons for City Hospital. Sec. 7. The Board shall appoint for the City and County Hos- pital at least two visiting physicians and at lea.st two visiting sur- geons, who shall receive no compensation for their services, but who shall have the privilege of teaching students in their hospital wards. Any student who is actively engaged in the study of medi- cine shall have the benefit of clinical instruction in any of the hospital wards. Inebriates. Sec. 8. The Board may set aside one ward in the City and County Hospital for the treatment of confirmed inebriates. Internes to City Hospital. How Appointed and Controlled. Sec. 9. The Board may appoint such undergraduates and other internes to the City and County Hospital as it may deem necessary. They .shall be appointed after a competitive examination by the Board in any or all branches of medicine and surgery, and shall receive board and lodging free for their services. They shall be under the control and direction of the Resident Physician, who may remove any of them for neglect of duty, or for other good and sufficient cause, subject to an appeal to, and final decision by, said Board. Article X, Depart ment of Public Health. 151 Salaries. Sec. 10. The Board shall fix annually the salaries of all officers and employees of the Board. Such compensation shall not exceed salaries paid for similar services in private institutions of like character. Limit to Number of Employees. Sec. 11. The ratio of employees to inmates of any institution under the care of the Board shall not exceed that maintained by private institutions of like character. ir>2 Charter of the City and County of San Francisco. ARTICLE XI. DEPARTMENT OF ELECTIONS. CHAPTER I. BOARD OF ELECTION COMMISSIONERS. Commissioners. Appointed by Mayor. Term. Salary. Qualifications. Section 1. The conduct, management and control of the regis- tration of voters, and of the holding of elections, and of all mat- ters pertaining to elections in the City and County, shall be vested exclusively in and exercised by a Board of Election Com- missioners, consisting of five members, who shall be appointed by the IMayor, and shall hold office for four years. Each of the Commissioners shall receive an annual salary of one thousand dollars. Each member of the Board must be an elector of the City and County at the time of his appointment and must have been such for five years next preceding such time. Those first appointed must, immediately after their appointment, so classify themselves by lot that one shall go out of office at the end of one year, one at the end of two years, one at the end of three years, and two at the end of four years. The Mayor shall not make any appointment upon the Board at any time before thirty days prior to the time when such ap- pointee is to take office. Two of the five members first appointed shall be chosen from each of the two political parties casting in the City and County the highest vote for Governor or electors of President and Vice-President, as the case may be, at the last preceding general election. The fifth member shall be chosen from the political party casting the third highest such vote at such election, if there be such third party, and if not, then at the discretion of the Mayor. Upon the expiration of the term of office of any Commissioner, the appointee must be chosen from the same political party as the retiring Commissioner, consistently with the foregoing provisions as to equal representation at all times of the two political parties casting the highest vote at the general election last preceding the appointment in question as prescribed in this section. Not to Take Part in Politics. Sec. 2. No member of the Board, nor Registrar, nor Deputy Registrar, shall, during his term of office, be a member of any convention the purpose of which is to nominate candidates for office; nor be eligible to any other municipal office during the term for which he shall have been appointed, or for one year thereafter; nor act as officer of any election or primary election; nor take part in any election except to vote and when acting as Election Commissioner, at which time he shall perform only such official duties as may be required of him by law and by this Charter. Article XI, Chapter II, Department of Elections. 153 President. Registrar of Voters. Salary. Term. Secretary. Duties. See. .'5. The Comniissiniiers .^hall organize within ten days after their appointment by choosing one of tlieir number Pre.sident. In case of failure to agree, he shall be selected by lot. lie shall hold ofifice for one year, and until his successor is chosen. The Board shall • appoint a Registrar of Voters, who shall receive an annual salary of twenty-four hundred dollars. The Registrar shall be the Secretary of the Board, and shall keep a record of its proceedings, and shall execute all orders and enforce all rules and regulations adopted by the Board. The term of office of Registrar shall be four years. Clerl4 Oiarlrr of the CHii and Coioifij of San Francisco. Administrator, ("ounty Clerk, ^^lioritf, (■oronor and eighteen Super- visors. E.icli t>f tlu> abdvo officers shall be elected for two years, except the Police Judges and the Assessor, each of whom shall be elected for four years. The Superintendent of Public Schools shall be elected for four years, and the Justices of the Peace, at tlie same time tiuit members of the Legislature are elected. When Office Is Taken. Sec. 2. The oHficers elected at the primary or general election under this Charter shall take office at noon on the eighth day of January following. Nomination and Election of City and County Officers. Sec. 3. (1) The mode of nomination and election of all elective officers of the City and County to be voted for at any primary, general or special municipal election, including recall elections, shall be as follows, and not otherwise: Condition of Candidacy. (2) The name of a candidate shall be printed upon the ballot when a declaration of candidacy and certificates of not less than ten sponsors shall have been filed on his behalf, in the manner and form and under the conditions hereinafter set forth. Method of Nomination. (3) The nomination of candidates shall be made in the follow- ing manner : (a) The candidate, not more than fifty days before the pri- mary election in September, shall file with the Registrar of voters a declaration of his candidacy, in the following form: "Declaration of Candidacy. I, , residing at , hereby declare myself a candidate for the office of , to be voted for at the municipal election to be held in the City and County of San Francisco, on the day of September, A. D City and County of San Francisco, State of California, ss. Subscribed before me and filed this day of A. D. Registrar of Voters." The blanks in said form for the name and residence of the candidate and the office and date of election, shall be filled out and the declaration subscribed by him before the Registrar of Voters. The Registrar shall forthwith certify to the said subscrip- tion and its date and retain and file the declaration. Article XI, Chapter II, Department of Elections. 155 (&) After said declaration sliall be signed, certified and filed, and not later than thirty days before said election in September, not less than ten nor more than twenty sponsors for the said candidate, who are electors for the City and County, qualified to vote at the said municipal election, shall appear before the Registrar of Voters, and shall certify, under oath, to the qualifi- cations of the said candidate, in a certificate as follows: "City and County of San Francisco, State of California, ss. The undersigned sponsor for , wlio has declared his candidacy for the office of , to be voted for at the municipal election to be held in the City and County of San Francisco, on the day of September, A. D , being first duly sworn, deposes and says: That in my opinion my knowledge of the said is sufficient to warrant my urging his election to the office of in the City and County of San Francisco, and that he is fully qualified mentally, morally and i)hysically for the said office and should be elected to fill it ; that I am a qualified elector of said City and County, and am not at this time a signer of any other certificate nominating any other candidate for the above-named office, or, in case there are several places to ])e filled in the above-named office, that I have not signed more certificates than there are places to be filled in the above-named office; that my residence is at No street, San Francisco, and that my occupation is "City and County of San Francisco, State of California, ss. The above was subscribed, swoni to before me, read to me by the deponent, the said signature verified by me, and the said cer- tificate filed this day of , A. D Registrar of Voters." The blanks in the said certificate for llie name of the candidate and the office, the date of the election, the address and occupation of the spon.sor shall Ix; filled out and the certilicjilc read to the Registrar of Voters, siibscril)ed and sworn to by the s|>onsor lirfore him, and his .signature forthwith verified by the l^-gistrar by <'oiii parison with th(! signature of the sponsor's registration as ii voter. The Registrar's certificate sliall thereupon he lillcd nut ami flic d()cument retained by him and tiled. (c) It shall be the duty of tin; Hoard of Kh-ction ( "onuiiission- ers to furnisli a sufficient nuniher of forms for su(!h candidates' 156 Charter of the City and County of San Francisco. declarations and such sponsors' certificates. In the event the Registrar shall refuse to file such declaration or certificate, he shall forthwith desij^nate in writing on the declaration or certifi- cate the defect thereof, or other reason for refusing to file the same, and shall return the same to the party tendering it. No defect in any declaration or certificate presented to the Registrar shall prevent the filing of another declaration or certificate within the period allowed for presenting the declaration or certificate. (d) Each certificate must contain the name of one signer thereto and no more. Each signer must be a qualified elector, must not at the time of signing a certificate have his name signed to any other certificate for any other candidate for the same office, or, in case there are several places to be filled in the same office, signed to more certificates for candidates for that office than there are places to be filled in such office. (e) The Registrar of Voters shall preserve in his office for a period of four years all candidates' declarations and all sponsors' certificates filed under this section. Candidate's Statement. (4) If the candidate shall so desire, he may file with the Elec- tion Commission, not less than twenty-five days before the said election, a statement, of not more than one hundred words, setting forth any facts he deems pertinent to the question of his qualifi- cations for the office for which he is a candidate and paying the sum of twenty dollars to the Registrar of Voters. Additional words, not to exceed two hundred, may be added to the statement, for the additional fee of ten dollars for each hundred words or part thereof. All such fees received by the Registrar shall be paid over to the Treasurer of the City and County of San Fran- cisco and credited to the General Fund. Upon the payment of the said fee, the Board of Election Commissioners shall cause said statements, with the candidate's name and number on the ballot appearing above each to be grouped under the office for which he is a candidate, the names and groups to be arranged in the same order as the ballots printed for the assembly district of said City and County designated by the lowest number. The Board of Elec- tion Commissioners shall cause the said statements so arranged to be printed either in single sheet or pamphlet form, the candidate's name and number in fourteen (14) point type and the body of the statement in ten (10) point type and enclosed and circulated M-ith the sample ballot and sent to each registered voter. The Board of Election Commissioners shall furnish, at least five days before the said election, copies of such statements, so arranged and printed, to registered voters on application at his office. Mayor's Proclamation. (5) Immediately after such declaration and ten sponsors' cer- tificates shall have been filed, the Registrar of Voters shall enter the names of the candidates in a list, with the offices to be filled, and Article XI, Chapter II, Department of Elections. 157 shall not later than twenty-five days before the election certify such list as being the list of candidates nominated as required by this Charter; and the Mayor shall cause said certified list of names and the offices to be filled, designating whether for a full term or unexpired term, to be published in the proclamation calling the election at least eight successive days, excluding Sundays, before the election, in not more than two daily newspapers of general circulation published in the City and County of San Francisco. Said proclamation shall conform in all respects to the general State law governing the conduct of municipal elections, now or hereafter in force, except as herein required. Form of Ballots. (6) The Registrar of Voters shall cause the ballots to be printed and bound and numbered as provided for by State law, except as otherAvise required in this Chapter. The ballots shall contain the list of names and the respective offices, as published in the procla- mation, and shall be in substantially the form herein provided. Heading and Directions to Voters. (a) Primary (or general, or recall, or second recall, as the case may be) municipal election. City and County of San Fran- cisco. Instructions to Voters: To vote, stamp or write a cross (X) opposite the name of the candidate for whom you desire to vote. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the Inspector of Election and obtain another. Arrangement of Offices on Ballot. (&) The offices to be filled shall be arranged in the following order : The Mayor, Police Judges, District Attorney, City Attorney, Assessor, Auditor, County Clerk, Sheriff, Treasurer, Tax Collector, Recorder, Public Administrator, Coroner, arranged in one or more columns, and the Supervisors in a column or columns separate from the others. Every Nominee on Ballot. (c) The name of every candidate who has hm\ dtily and regu- larly nominated shall be placed on the ballot under the title of the office for which he is a candidate. Rotation of Candidates' Names. (d) The l>all()ts for tlie Assembly district of tho i'Aiy and County designated by the lowest number sliall have tht nnmes of each group of candidates for an office or offices «rninj(ed in alpha- betical order, according to llie family nairie of the candidate. In the Asseml)ly district design.ited by the next hiu'hest number, thr groui)s of names shall he the same as in the district designatoii by 158 Charter of the City and County of San Francisco. the next lower niunber. save that the last candidate in the group in the preceding district shall be placed at the beginning of the group, the succession of names to be otherwise unchanged, and so on. rotating the names in this order throughout all the Assembly districts. In the event that the number of candidates in any group shall exceed the number of Assembly districts in the City and County, then the total number of candidates in such group shall be divided by the number of Assembly districts and the quotient, if an integ- ral number, or if it be fractional, then the next highest integral number, shall be the number of candidates to be taken from the end and placed at the beginning of such a group in each successive Assembly district ; the rotation then being in this manner, to-wit : if there be fifty-six candidates for supervisors and twenty Assem- bly districts, numbered from tw'enty-five to forty-five, the fifty- fourth, fifty-fifth and fifty-sixth candidates in the group of the twenty-fifth district will be the first, second and third candidates, respectively, in the group in the twenty-sixth district. Spaces for Name and for Voting Cross. {e) The candidate's name shall be printed in brevier type and shall be enclosed by lines above and below, a half inch apart. Half-inch squares shall be provided at the right of the name of each candidate wherein to mark the cross. Blank Spaces for Additional Candidates. (/) Half-inch spaces shall be left below the printed names of candidates for each office equal in number to the number to be voted for. Avherein the voter maj" write the name of any person or persons for whom he may wish to vote. Other Requirements of Ballot. {g) All ballots printed shall be precisely of the same size, quality, tint of paper, kind of type, and color of ink, so that without the number it would be impossible, in each Assembly district, to distinguish one ballot from another; and the names of all candidates printed upon the ballot shall be in type of the same size and style. A column may be provided on the right hand side for Charter amendments or other questions to be voted upon at the municipal elections, as provided for under this Charter. Voting Machines. (/«) In the event of the use of voting machines, the ballot shall be arranged on the machines in the saine form in each Assembly district as provided for the printed ballot. No Party Designation. (i) No party name or political designation or descriptive mat- ter concerning the candidate shall appear on the ballot. — Subdi- vision (i) was adopted as an (dternative proposition Novemhei^ 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661). Article XI, Chapter II, Department of Elections. 159 Sample Ballots. 7. The Registrar of Voters shall cause to be in-inted ballots identical with the l)all()t to be used in each Assembly district at the election and shall furnish copies of the same on application to registered voters at his ofitice at least five days before the date fixed for such election, and shall mail to each voter entitled to vote at such election a copy of the ballot to be used in his district, so that all of said sam])le ])allots sliall have been mailed at least five whole days before said election. Votes Necessary to Elect. 8. In case there is but one person to be elected to an ofifice, the candidate receivinir a majority of the votes cast at the pri- mary election for all the candidates for that oflRce shall be declared elected; in ease there are two or more persons to be elected to an oflfiee, as that of Supervisor or Police Judge, then those candidates equal in num])er to the number to be elected, who receive the high- est number of votes for such office shall l)e declared elected: pro- vided, however, that no person shall lie declared elected to any such office at such primary election unless the number of votes received by him shall be greater than one-half the number of bal- lots cast at such electicm. General Election. 9. Tlie vacancy or vacanies in any office to which the recjuired number of persons have not been elected at the primary election shall be filled at the general election. The candidates not elected at such primary election, equal in number to twice the number to be elected to any given oiifice, or less, if so there be, who receive the highest number of votes for the respective offices at such first election, shall be the only candidates at such general election; provided, that if there be any person who, under the provisions of this subdivision, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving such equal number of votes shall likewise become candidates for such office. The candidates ecpial in number t<> the jx'rsons to be elected who shall receive the higliest number of votes al such general election shall be declared elected to such ollice. Rules Governing the General Election. 10. All the provisions and conditions abov<' set forth as to Uie conduct of a primary election, so far as they may be applicable, shall govern the general election, except that notice ol" eleciioii need be published twice only; and provided, also, that the same precincts and })ollirig places shall, if possible, be used. Failure of Persons Elected to Qualify. 11. If a person (ilected fails to (iiialify, tlu; oflice shall be tilled as in this Charter provided for a va<'aii<'y in such office. 160 Charter of the City and County of San Francisco. Informalities in Election. 12. No iufornialities iu coiKlucting municipal elections shall invalidate the same, if the.v have l)een conducted fairly and in substantial conformity to the requirements of this Charter. — Chap- ter II was adeled by amendment November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661). CHAPTER III. THE INITIATIVE. Acts of Supervisors and Legislative Acts. Section 1. The registered voters shall have power to propose by petition and to adopt or to reject at the polls, any ordinance, act or other measure which is within the power conferred upon the Board of Supervisors, or any legislative measure which is ■\Wthin the power conferred upon any other Board, Commission or Officer. Such ordinance, act or other measure may be proposed by filing with the Board of Election Commissioners a petition setting forth said measure in full, signed by registered voters of the City and County as many in number as the percentages herein- after required of the entire vote for all candidates for the office of IMaj^or cast at the last preceding regular municipal election. Signatures. Sec. 2. The words "registered voters," as used in this Chapter, shall mean qualified voters whose names appear on the records of registration for the current or next preceding year. The signa- tures to the petition need not all be appended to one paper, but said petition may be presented in sections. The number of signa- tures to each section shall be at the pleasure of the person solicit- ing signatures to the same. Any qualified voter or citizen taxpayer of the municipality is competent to solicit said signatures. Each section shall have attached thereto the affidavit of the person soliciting signatures to the same, stating that all signatures to the attached section were made in his presence, and that to the best of his knowledge and belief each signature to the section is the genuine signature of the person whose name purports to be there- unto subscribed, and no other affidavit thereto shall be required. Each signer of said petition shall add to his signature his place of residence, giving the street and number. Unless and until it be proven otherwise by official investigation, it shall be presumed that the petition filed conforms to all legal requirements and contains the signatures of the requisite number of registered voters, and, after an election based thereon, the sufficiency of said petition shall not be questioned. Any signer to a petition may withdraw his name from the same by filing Avith the Board of Election Commissioners a verified revo- cation of his signature before the filing of the petition with said Board. No signature can be revoked after the petition has been Article XI, Chapter III, Department of Elections. 161 filed. The Registrar of Voters shall endorse on said petition the names of three persons who filed said petition. Verification. Sec. 3. Within ten days after the date of filing such petition, the Board of Election Commissioners must finally determine from the records of registration whether or not said petition is signed by the requisite number of electors entitled to vote. If any signa- ture be called in question, said Board shall mail notice to such purported signer, stating that his name is attached to such petition, and cite him to appear before them forthwith. Unless and until said purported signer denies under oath tlie genuineness of such signature, it shall be deemed genuine. If necessary, the Board of Supervisors shall allow the Board of Election Commissioners extra help for the purpose of examining such petition. The Board of Election Commissioners, upon the conclusion of such examina- tion, shall forthwith attach to said petition their certificate sliow- ing the result of said examination, and forthwith mail a copy thereof to the persons filing said petition. If by the said certificate the petition is shown to be insufficient, it may be amended by additional signatures within ten days after the date of said cer- tificate. The Board of Election Commissioners shall, within ten days after such amendment, make like examination and determina- tion of the amended petition and attach and mail a like certificate, and, if their certificate shall show tlie same to be insufficient, it shall be returned to the persons filing the same, without prejudice, however, to the filing of a new petition to effect the same purpose. Ten Per Centum for Special Election. See. 4. If the petition accompanying the proposed measure be signed by registered voters as many in number as ten i)er cent of the said entire vote, and contains a request that said measure be submitted forthwith to a vote of the electorate at a special election, then the Board of Ehn'tioii (^»iiimissioners shall forthwitli call a special election, which shall be held at a date not more than thirty days from the date of calling the same, at which said measure, without alteration, shall be submitted to a vote of the electorate. Four Per Centum for General Election. Sec. 5. If the petition be signed by registered voters as many in number as four per cent but less than ten per cent of the said entire vote, or if for any reason any measure proposed by a petition signed by registered voters as many in niimber as ten per cent of said entire vote has not been submitted at a special election as provided in Section 4 of this Chapter, then, in cither event, such measure or measures, without alteration, shall be submitted by the Hoard of Election (Commissioners to a vote of the electorate at the next general Stat(! or Municipal election that shall occur at any time after tliirty days from the (lat(; of th(! Hoard of lOlection Com- 162 Charter of the City and County of San Francisco. niissionei-s' certificate of sufficiency attached to the petition aecora- panyiusj such measure. Form of Ballot. Majority Vote. Sec. 6. The baHots used when voting upon said proposed measure shall contain a general statement thereof, followed by the words "Yes" and "No," so arranged that the voter may indicate his choice upon the ballot. If a majority of the qualified electors voting on said proposed measure shall vote in favor thereof, it shall go into effect ten days after the declaration of the official count. Competing and Conflicting Measures. Repeal. Sec. 7. When there are two or more measures proposed to secure the same general purpose, the Board of Election Commis- sioners shall so declare, and shall have the ballots so printed that the voter (first) can choose between any measure or none, and (secondly) can express his preference for any one. If a majority of the votes on the first question is affirmative, then the measure receiving the highest number of votes shall become law, and the others shall fail of passage. In case two or more measures are tied for the highest vote, they shall be resubmitted at the next ensuing general election. If there is a conflict between two or more measures or between two or more Charter amendments adopted at the same election, then the measure or Charter amend- ment receiving the highest affirmative vote shall prevail. No ordi- nance or measure approved by the electorate under the provision of this Chapter shall be subject to veto, or be amended or repealed except by vote of the electorate, unless such ordinance or measure shall otherwise provide. Elections. Sec. 8. All arrangements for an election under this Chapter shall be made and the same shall be conducted, returned, and the results thereof declared, so far as practicable, in all respects as are municipal elections, and State penal laws applicable to general elections shall apply to elections held hereunder; provided, if there be any conflict of provisions, this Chapter shall control. Any num- ber of proposed measures, ordinances, referendum petitions, or other measures, may be submitted on one petition and may be voted upon at the same election in accordance with the provisions of this Chapter; provided, that there shall not be held under this Chapter more than one special election wdthin a period of six months. Measure to be Mailed to Voters. Sec. 9. Whenever any measure is required by this Charter to be submitted to the voters of the City and County at any election, the Board of Election Commissioners shall cause the measure to be printed, in substantially the same form as the latest municipal edition of this Charter, and they shall enclose a printed copy thereof, in an envelope with a sample ballot, and mail the same to each voter, at least five days prior to the election. Article XI, Chapter III, Department of Elections. 163 Arguments to be Mailed to Voters. Sec. 10. If said proposition be submitted upon an initiative petition of the registered voters, the persons filing said petition shall have the right to present to the Board of Election Connnis- sioners, at any time twenty-five days prior to said election, copies of printed arguments favoring said proposition : if said proposition be submitted by the IMayor, or by the Board of Supervisors, or by one-third of the Board of Supervisors, or l)y persons filing a refer- endary petition, they shall have a similar right to present copies of printed arguments ; said arguments shall be printed in substantially the same form as the latest municipal edition of this Charter, and shall not exceed eight pages in length upon each proposition. Any person, committee or organization opposing any proposition may each present, in like manner and of the same form and amount and -within the same time, printed arguments opposing said propo- sition. Copies of said arguments either for or against, shall be presented equal in number to five per cent in excess of the total number of registered voters. The Board of Election Commission- ers shall cause one copy of each of said arguments to be bound with their copy of the measure or amendment which is to be mailed to each voter as required by Section 9 of this Chapter. Election Is Mandatory. Sec. 11. If any measure proposed by petition or upon which a referendum vote is requested by petition, in accordance with the provisions of this Charter be not sul)mitted to the voters at or within the time elsewhere specified in this Charter, such petition shall remain in force until such measure shall be submitted to a vote, and no bond issue, or other measure proposed ])y the Board of Supervisors .shall be submitted to the voters unless at the same election, or prior tliereto, there shall be submitted to the voters the measures upon which a vote is requested by petition, if any vote be so requested upon which a vote has not been taken at or within the time elsewhere specified in this Charter. This section is pro- hibitory and mandatory. Charter Amendments. Sec. 12. The provisions of this Cliapt<'r, unless proliibitcd by the State Constituticm, shall api)]y to the projxjsal, submission and adoption of Charter amendments. Declarations of Policy. Sec. l'{. Any dcclaralion of policy or pi-inciplc of legislation may be submitted to the elect-ors in the manner providtMl for the submission of ordinances; and when ai)i)roved by a majority of the voters voting at any election, it shall thereupon bi; the duty of tlie Board of Supervisors or other legislative body to ena(!t an ordi- nance or ordinances to carry such policies or principles into efTcct, subject to the referendMni jirovisions of Chapler IV of Article XI of this Charter. 164 Charter of the City and County of San Francisco. Special Election Fund. Sec. 14. In the first annual biidgret to be hereafter adopted by the Board of Supervisors, said Board shall appropriate not less than fifty thousand dollars, to be known as the special election fund, to be used exclusively for defrayinj]^ the cost of verifying petitions and other expenses of special elections initiated by petition of the electorate, including recall elections. In the event of the expenditure of any of said fund, the Board of Supervisors in the next succeeding annual budget shall appropriate a sum sufficient to replete said Special Election Fund. Substantial Compliance. Sec. 15, A substantial compliance with the provisions of this Chapter shall be sufficient for the holding of an election hereunder and the approval or rejection of any measure submitted thereat. Repeal of Present Provision. Sec. 16. Section 20 of Chapter I, of Article II of said Charter, relating to initiative petitions, is hereby repealed. CHAPTER IV. THE REFERENDUM. Public Utilities. Section 1. Every ordinance or other measure involving the lease or sale of any public utility, or the granting of a new fran- chise for the operation of any public utility whose franchise has expired or is about to expire, must be referred and submitted to the vote of the electors of the City and County at the election next ensuing not less than sixty days after the adoption of such ordi- ance, and shall not go into effect until ratified by a majority of the voters voting thereon. Referendum by Supervisors. By IVIayor. Sec. 2. Any ordinance which the Supervisors are empowered to pass may be submitted by a majority of the Board at a general election or at a special election called for the purpose, said election to be held not less than thirty days from the date of the call. Any such ordinance may be proposed by one-third of the Supervisors or by the Mayor, and when so proposed shall be submitted to the electors at the next succeeding general election. Referendum by Electors. Sec. 3. No ordinance passed by the Supervisors granting any public utility franchise or privilege, or authorizing the lease or sale of any lands, or authorizing the purchase of lands of more than fifty thousand dollars in value shall go into effect until the expiration of sixty days from the date it becomes final: (a) by approval of the Mayor; (&) or without his approval by the expira- tion of the time prescribed by this Charter within which he may disapprove it; or (c) by its passage by the Board of Supervisors Article XI, Clmpter V, Department of Elections. 165 over his objections in the event of such disapproval. At the end of such sixty days such ordinance shall be in force and effect, unless within such period there shall be filed with the Election Commis- sioners a petition signed by registered voters equal in number to five per cent of the entire vote cast for IMayor at the last preceding regular municipal election, requesting that such ordinance be sub- mitted to the electors. In case such petition is filed, such ordi- nance shall not go into effect until approved by a majority of the voters voting thereon at a general or special election. Regulations Governing Petitions. Sec. 4 A petition asking that any ordinance be submitted to the electors shall conform to the provisions of Sections 2 and 3 of Chapter III of this Article (the initiative), which are hereby made a part hereof. Time of Elections. Sec. 5. If a petition be filed more than sixty days and less than ninety days prior to a general election, it shall be submitted at such general election. Otherwise it shall l)e submitted at the next general election or at a special election called prior thereto, as the Supervisors shall decide. Elections — How Conducted. Sec. 6. Sections 6, 7, 8, 0, 10, 11 and 15 of Chapter III (the initiative), so far as applicable, shall govern elections held under the authority of this Chapter. Majority Vote. Sec. 7. If a majority of the votes cast on any ordinance or measure so referred to the electors, as herein provided, sliall be in favor thereof, it shall go into effect ten days after the determina- tion of the official count; otherwise it sliall be repealed and rejected. Substantial Compliance. Sec. 8. A substantial compliance with the provisifuis of this Chapter shall be sufficient for the lioldiTig of an election hereunder, and for the approval or rejection of ;my measure submitted tliereat. Repeal. Sec. 9. Section 21 of Chapter I of Article; II of this Chapter is hereby repealed. CIIAI'TKK V. THE RECALL. Elected Officials. Ten Per Centum. Statement of Grounds. Section 1. The Iiohh-r of any ehn-tive ofliec! may l)e removed or recalled l)y the electors. TIk; jirocedurc to effect such removal or recall shall be as follows: A petition demanding the election of a successor to the person sought to be removed or reealled shall be filed with the lioard of JOh'ction (J(tmmissioners. Such petition 166 Charter of the City and Comity of San Francisco. shall be sigrned by registered voters equal in number to at least ten per cent of the entire vote east for Mayor at the last preceding general uninicipal election; provided, that not less than seven thousand nor more than fifteen thousand signatures of such electors shall be required on such ]ietition. Said petition shall contain a statement of the grounds on whidi the removal or recall is sought, which statement is intended solely for the information of the electors. Any insufficiency of form or substance in such state- ment shall in no -wise affect the validity of the election and pro- ceedings held hereunder. No recall petition shall be filed against any officer until he has actually held his office for at least four months. Signatures. Verification. Sec. 2. Said petition shall be in all respects in accordance with the provisions of Sections 2 and 3 of Chapter III (the initiative) of Article XI of this Charter, which sections are made a part hereof, and shall be examined and certified by the Board of Elec- tion Commissioners in all respects as in said sections provided. Special Election. Sec. 3. Unless the petition shall he found insufficient in the number of signatures of registered voters attached thereto, within ten daj^s from the date of filing the same, the Board of Election Commissioners shall thereupon order and fix a date for holding the said election, said date to be not less than thirty-five days nor more than fifty days after the date of the order fixing the date of said election. If a vacancy occur in said office after a recall petition has been filed, the election shall nevertheless proceed as in this Chapter provided. Several Removals at One Election. Publication. Sec. 4. One petition is competent to propose the removal and election of one or more elective offieals. One special election is competent for the removal and election of one or more elective officials. The Board of Election Commissioners shall make or cause to be made due publication of notice of said election. Nominations. Sec, 5. Any person sought to be removed may be a candidate to succeed himself, and, unless he requests otherwise in writing, the Board of Election Commissioners shall place his name on the official ballot without nomination. Any person may be nominated for any office under such recall election in the follo'wing manner, and not otherwise, to-wit : By filing with the Board of Election Commissioners the petitions of not less than ten or more than twenty registered voters, who shall appear personally before the Registrar of Voters, and make affidavit that in their judgment the candidate is fully qualified, mentally, morally and physically, for said office and should be elected to fill it. Such petitions shall be filed not less than twenty-five days before such recall election. Article XI, Chapter V, Department of Elections. 167 Sample Ballot. Printed Statements. Sec. 6. Upon the sample ballot there shall be printed in not more than three hundred words the reasons for demanding the recall of the officer as set forth in the recall petition, and upon the same ballot in not more than three hundred words the officer may justify his course in office. Form of Ballot. Election. See. 7. Until and unless there be some other method provided in this Charter for the conduct of a recall election, such election shall be governed, so far as applicable, by the laws governing the holding of other municipal elections, except as hereinafter provided : (a) The l)allot for a recall election shall be printed in the following manner : At the top of the ballot shall appear such part of the instructions to voters as are applicable to such election. Im- mediately below the instructions to voters shall be printed the title of the office or offices to be filled in the order set forth in tliis Charter. The names of the candidates for any such office shall be arranged in alphabetical order under the title to such office. (&) In any such removal election the candidate receiving a majority of all the votes cast for such office shall be declared elected. In case two or more persons are to be elected to the same office, then those candidates, equal in number to the number to ])e elected, who receive the highest number of votes for said office shall be declared elected; provided, hoivcver, that no person sludi be declared elected to any such office at such election unless the number of votes received by him shall be greater than one-half the number of ballots cast at such election. (c) If no candidate receive a majority of all the votes cast for such office at such election, a second election shall l)e held fourteen days later. The Board of Election Commissioners sliall provide ballots for such election, on which shall be printed the names of the two candidates for each office who received the highest number of votes for such office at the first election, and no other names; provided, that if more than one person is to be elected to one office, the candidates not elected at such first election equal in numl)er to twice the nurnlxir to ])e elected, or less if there ho not so many, who received the highest number of votes for such office at such first election, shall appear in alphabetical order on such ballots and shall be the only candidates for such office at the second recall election; provided, furUier, that if there l)e any person who, under the provisions of this section, would have been entitled to become a candidate for any office except for llie fact that some oilier can- didate received an cfpial number of voles therefor, tli(»n all such persons receiving such equal number of voles sliall likewise become caiididajes for such office. Tiie can(lidat<>s erpial in luiniber to the persons to I)e elected who sliall receive the highesf number of votes at such second election sliall be h)west possil)le cost thereof. — As amended December 1, 1902; ap- proved by the Legislature February 5, J 903 (Statutes 1903, page 591). Petition of Electors. Duty of Supervisors. Duty of Clerk. Mayor May Also Submit Proposition. Two Alternative Propositions. Supervisor* May Proceed at Once. Power of Supervisors. Sec. 3. Whenever a petition or petitions, each signed i)y eh-c- tors of the City and County equal in number to (iftcen [)or centum of all the votes cast in the City and County at the last preeedinR general election, shall be presented to the Bojird (»r Supervisors. setting forth that the .signers of such [x'tition or petitions favor the acquisition of the public utility or utilities therein named, it shall be the duty of the Clerk of the Board of Supervis(»rs to imme- 170 Chnrfo- of IJic Cih/ and County of San Francisco. diately proceed to examine and verify the signatures to such petition or petitions, and to certify the result of sucli examination to the Board of Superv'isors. If the required number of signatures be found to be genuine, the Clerk shall transmit to the Mayor an authentic copy of such petition or petitions, without the signatures thereto. Upon receiving a certificate of the Clerk that the petition or petitions contain the required number of genuine signatures, it shall be the duty of the Board of Supervisors to procure, in the manner specified in Section 1 of this Article, plans and estimates of the cost of original construction and completion of each public utility named in such petition or petitions. Thereafter, the Board of Supervisors shall formulate for sub- mission to the electors of the City and County at a special election called for the purpose, a separate proposition for the acquisition of each public utility named in such petition or petitions. The ]\Iayor shall also have the right to formulate and submit to the electors, at such special election, a proposition for the ac- quisition of each public utility named in such petition or petitions, separate from the proposition therefor formulated by the Board of Supervisors. All propositions formulated under the provision of this Section shall be completed within six months after the filing of such petition or petitions. Nothing in this Section shall be so construed as to prohibit the Board of Supervisors from responding to the aforesaid petition or petitions of the electors requesting the acquisition of any public utility or utilities by proceeding at once, wdthout the submis- sion of propositions to the electors as aforesaid, to pass an Ordinance declaring its determination, as provided in Section 5 of this Article, to acquire the same, and from proceeding thereafter to secure the acquisition thereof, as hereinafter provided. — As amended December 4, 1902; approved hy the Legislature February 5, 1903 (Statutes 1903, page 591). Supervisors to Call Special Election When and for What Purpose. Ac- quisition Through Annual Revenues. Majority of Electors to Decide. Acquisition Through Bond Issues, Board to Undertal plans and estimates of cost thereof as it may deem for the best interests of the ('ity and 172 Charter of the City and County of San Francisco. County, enter into such negotiations and contracts as may be necessary for the acquisition of the same. If, however, the cost of such pul)lic utilities, or any of them, shall so far exceed the annual revenues of the City and County in addition to the other necessary expenses thereof, as to render it necessary to incur a municipal bonded indebtedness therefor, the Board of Supervisors shall, at any regular meeting held within eight weeks after the filing of the plans and estimates of cost thereof, by Ordinance, as hereinafter in Section 6 of this Article provided, call a special election, at which shall be submitted to the electors a proposition or propositions for the acquisition of such public utility or utilities. Such propositions shall specify the amount of the bonded indebtedness necessary for the acqui- sition of the utility or utilities therein named and the rate of interest thereon, and the Board of Supervisors shall submit to the electors the question or questions whether such bonded indebt- edness shall be incurred. At least two-thirds of the electors voting at such special election shall be necessary to warrant the issuance of municipal bonds for the acquisition of such public utility, or any of them. — As amended December 4, 1902; approved hy the Legislature February 5, 1903 (Statutes 1903, page 593). Ordinance Calling Special Election. Questions to Be Submitted. Sec. G. Whenever, under the provisions of this Article, it shall be necessary to call a special election for the purpose of submitting to the electors a proposition or propositions for the acquisition of public utilities, the Board of Supervisors shall pass an Ordinance calling such special election for such purpose. At such special election all propositions for the acquisition of public utilities, formulated under the provisions of this Article, may be submitted to the electors of the City and County. No question except the acquisition of public utilities and the incurring of municipal indebtedness therefor shall be submitted at such special election. — As amended December 4, 1902; approved by the Legislature February 5, 1903 (Statutes 1903, page 594). Ordinance for Special Election Shall Set Forth What. Bonded Indebt- edness. Sec. 7. The Ordinance calling such special election shall set forth the purposes for which the election is called, the estimated cost of each utility proposed for acquisition by the City and County, the proposed method and manner of payment thereof, and shall fix a day on which such special election shall be held, the manner of holding such election and the manner of voting for or against each proposition thereat submitted to the electors; and, if it shall be necessary to incur a municipal indebtedness for any utility or utilities therein proposed for acquisition by the City and County, the Ordinance shall specify the objects and purposes for which such indebtedness is proposed to be incurred, and that bonds of the City and County shall issue for the pay- Article XII, Acquisition of Public Utilities. 173 ment of the cost of such utility or utilities, as in such Ordinance set forth (if the proposition or propositions therefor be accepted by the electors). Such election shall be held as provided by law for holding elections in the City and County, — As amended Decem- ber 4, 1902; approved by the Legislature February 5, 1903 (Stat- utes 1903, page 59 i). Publication of Ordinance for Ten Days. Notice of Election for Fourteen Days. Sec. 8. Such Ordinance shall be published daily for at least ten days in the official newspaper. At the expiration of said ten days the Supervisors shall cause to be published daily for not less than two weeks in the official newspaper a notice of such special election. Such notice shall specify the purpose for which the indebtedness is to be incurred, the number and character of the bonds to be issued, the rate of interest to be paid, and the amount of tax levy to be made for the payment thereof. — As amended December 4, 1902; approved by the Legislature February 5, 1903 (Statutes 1903, page 594). Limit of Indebtedness. Sec, 9. No indebtedness shall be incurred for the acquisition of any public utilities under the provisions of this Article, which, together with the existing bonded indebtedness of the City and County, shall exceed at any one time fifteen per centum of the assessed value of all real and personal property in the City and County; provided, that any bonded indebtedness which may be incurred under the provisions of Section 29a of Article XVI of the Charter, in aid of an exposition to celebrate the completion of the Panama Canal, shall be exclusive of the bonded indebted- ness of the City and County limited by this Section. — As amended November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661). Bonds for Acquisition of Public Utilities. Form. Denomination. How Sold. Proceeds of Sale: to What Applied. Unsold Bonds. Unsold Bonds Heretofore Issued. Registered Bonds. Sec. 10. The bonds issued under the provisions of this Article shall be of such form as the Supervisors in the ordinance calling the election therefor shall (hitcrmiiie; but such bonds shall be payable, interest and principal, in gold coin of tlie United Slates. Tlie interest on such bonds shall not exceed 5 per cent per annum, and they shall be rt^dccmed at su(tli times and in such amounts a.s the Supervisors shall determine, as set forth in the ordinance calling the special election; provided, that redemption of such bonds shall begin in not more than eighteen years and shall be completed in not more than seventy-live years from the date of the issue. The bonds so issued shall be (ixcmpi fntm ;ill taxation for municipal jturposcs and shall be issued in dfnoinin.itions (»f not less than ten dollars and not more than one thousand dollars, and 174 Charter of the Cittj and County of San Francisco. preference in the sale and allotment thereof shall be given to subscribers for the smallest amounts and the lowest denominations. The Supervisors shall fix the times and places at which the pay- ment of interest or principal may be made. Such bonds when issued may be sold by the Supervisors from time to time, as required, and in such quantities as they may determine. When such bonds are offered for sale they shall be advertised in the ofiicial paper and otherwise if so ordered by the Supervisors and sealed proposals for the purchase of the whole or any part thereof offered shall be opened at the time specified in such advertisements. All proposals for the purchase of such bonds shall be accompanied by a deposit of 5 per cent of the amount bid in lawful money of the United States or by a deposit of a certified check payable to the Clerk of the Board of Supervisors of the City and County for a like sum; provided, that no deposit need exceed the sum of ten thousand dollars, and that no deposit need be given by the State of California, w^hich money or check shall be forfeited by the bidder in case he fails to accept and pay for the bonds bid for by him if his bid is accepted. Bonds shall be sold to the highest bidder for not less than par, but the Supervisors shall have the right to reject any or all bids made for the purchase thereof. If less than the amount of bonds offered shall be sold, the Supervisors may, with the con- currence of fourteen members and the Mayor, place such unsold bonds on sale at the City Treasury, or at branches thereof estab- lished by the Treasurer for public convenience; and such bonds may be sold to any applicant at such prices as may be fixed by the Supervisors; provided, that such prices shall not be less than par and accrued interest. The proceeds of any sale of bonds shall be placed in the treasury to the credit of the proper fund, and shall be applied exclusively to the purposes and objects mentioned in the ordinance authorizing their i.ssue until such objects are fully accomplished; after which, if any surplus remains, such surplus may be transferred to the general fund, except that if such surplus exceeds the sum of two thousand dollars, then such surplus and the whole thereof shall be transferred to the appropriate fund or funds to pay the interest and maintain the sinking fund or provide for the retirement of the bonded indebtedness in connection with which such surplus remains. If the bonds or any of them offered for sale shall remain unsold the Supervisors may so declare, and may, with the concurrence of fourteen members and the Mayor, cancel such unsold bonds; provided, that no bonds shall be canceled as aforesaid unless the .same have been offered for sale by advertisement, as above provided, at least three separate times at intervals of not less than thirty days; and, provided, that no such bonds shall be canceled by the Supervisors as aforesaid for which par or above has been bid by any bona fide responsible bidder or bidders. Article XII, Acquisition of Public Utilities. 175 The provisions of this Section, regarding the cancellation of unsold bonds, shall apply to any bonds that have been heretofore issued or to any bonds that have been heretofore authorized by a vote of the electors of the City and County under this Section or under Section 20 of Article XVI of this Charter, and that remain unsold after efforts to sell the same shall have been made as above provided. Whenever the owner of any coupon bond, or of any bond pay- able to bearer, already issued or hereafter issued by the City and County shall present any such bond to the Treasurer with a request for the conversion of such bond into a registered bond, such Treas- urer shall cut off and cancel the coupons of any such coupon bond so j)resented, and shall stamp, print or write upon such coupon b(md or such other bond payable to bearer, so presented, either upon the back or upon the face thereof, as may be convenient, a state- ment to the effect that the said bond is registered in the name of the owner, and that thereafter the interest and principal of said bond are payable to the registered owner. Thereafter, and from time to time, any such bend may be transferred by such registered owner in })erson, or by attorney duly authorized, on presentation of such b(md to Treasurer, and the bond be again registered as before, a similar statement being stamped, printed or written thereon. Such statement stamped, printed or written upon any such bond may be in substantially the following form -. (Date — giving month, year and day.) This bond is registered pursuant to Charter of the City and County of San Francisco, State of California, in the name of (here insert name of owner), and tin; interest and i)rincipal thereof are hereafter payable to such owner. Treasurer. After any bond .shall have been registered as aforesaid, the principal and interest of such bond shall be payable 1o the regis- tered owner. Sucli Treasurer shall keep in his office a l)ook or books which shall, at all times, show what bonds are registered and in who.se names, respectively. — A"f amended November .I, 1907 ; approved by the Lerjislahire November 22, L907 (Shituhs Sixrial Session, J 907, page 15). Supervisors to Sell Library Bonds. Sec. 10a. The Hoai-d ol' Su|)crvisors is hei-eby authorized to sell certain bonds authorized at au eledioti held Seplemher L'D. I'M):?, and described as "Library lionds," (l;it.d in the classified civil service shall be removed or discharged except for cause, upon written charges, and after an opportunity to be heard in his own defense. Pending the hearing of such charges, the appointing officer or de- partment may suspend the person so accused, but such suspension shall not l)e valid for more than thirty days upon any charge unless the hearing thereon shall be delayed beyond such time l)y the act of the person so accused. When such charges are filed with the appointing officer or officers of the department in which the employee serves, such officers shall publicly hear and determine such charges. The finding of such officers shall be final unless, within a period of thirty days therefrom, the employe .so tried ap- peals to the r!ivil Service Conmiission against sueh finding. The appeal nnist be in writing, and nnist briefly stale the reasons ni)on which it is liased. The (!oinjnission may conlirm the finding, or may require the officers to present in writing flic grounds for discharge or di.smissal, and may rcc|uire the sul)niission of additional evi(l(Mice; and may thereupon make such order as it deems just. The order or decision of the Tlivil Service ('onnnission upon such appeal shall be final, and shall forthwith be cnforcecl by the appointing officers. If the Civil Service; (!ommission shall reverse or alter the find- ing of the appointing officer, it may, in its discretion, order that the employee afTected shall be paid his salary from the time of his discharge or suspension. The Civil Service Commission may 184 CJiartir of the City and County of San Francisco. hear and determine charges filed by any citizen, or by the author- ized asrents of the Commission aotinf; under the power conferred by Section 14 of this article, when the appointing power neglects or refuses to act. The appointing officer or officers of a department may, for disciplinary or penal purposes, suspend a subordinate for a period not exceeding thirty days, and such suspension shall carry with it the loss of salary for the period of suspension. Re- moval or discharge for cause may be upon any of the following grounds : Incompetence, habitual intemperance ; immoral conduct ; insubordination ; discourteous treatment of the public ; inattention to duties. The provisions of this Section shall not apply to persons employed in the operating department of any public utility. — As amended December 10, 1912; approved hy the Legislature March 28, 1913 (Statutes, 1913. page 1602). Notice of Appointments, Promotions or Changes. Sec. 13. Immediate notice in writing shall be given by the ap- pointing power to the Commissioners of all appointments, per- manent or temporary, made in such classified civil service, and of all transfers, promotions, resignations, suspensions or vacancies from any cause in such service, and of the date thereof; and a re- cord of the same shall be kept by the Commissioners. When any place of employment is created or abolished, or the compensation attached thereto altered, the officer or board making such change shall immediately report in writing to the Commissioners, Duties of Commissioners. Sec. 14. The Commissioners shall investigate the enforcement of the provisions of this Article, and of its rules, and the action of the examiners herein provided for, and the conduct and action of the appointees in the classified service in the City and County and may inquire as to the nature, tenure and compensation of all places in the public service thereof. Annual Report of Commissioners. Sec. 15. The Commissioners shall, on or before the fifteenth day of January in each year, make to the Supervisors a report showing their acts, the rules in force, the practical effects thereof, and suggestions for the more effectual accomplishment of the pur- poses of this Article. The ]\Iayor may require a report from the Commissioners at any time. Chief Examiner. Secretary. Duties. Salary. Sec. 16. The Commissioners shall employ a Chief Examiner who shall, under their direction, superintend any examination held in the City and County under this article, and who shall perform siicli other duties as the Commissioners may prescribe. The Chief Examiner shall be Secretary of the Commission by virtue of his office. He shall keep minutes of its proceedings, preserve all re- ports made to it, and keep a record of all examinations held under its direction. He shall receive an annual salary of twenty-four hundred dollars. Article XIII, Civil Service. 185 Supplies and Employees. Sec. 17. The Supervisors shall furnish the Commission with suitable offices, office furniture, books, stationery, blanks, heat and light, and shall provide for the payment of such otlier expenses as may be necessarily incurred in carrying out the provisions of this Article. The compensation of special examiners employed under Section 5 and of the investigators employed to perform the duties set forth in Section 14 shall be fixed by the Commission. The Commission may employ such permanent assistants as may be necessary, at such salaries as the Supervisors may fix upon the recommendation of the Commission. The compensation and sal- aries herein provided for shall be paid out of the appropriations specified in Section 1. — As amended Decemher 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). No Aid, Hindrance, Fraud or Collusion Permitted. See. 18. No person or officer shall by himself, or in co-opera- tion with other persons, defeat, deceive or obstruct any person in respect to his or her right of examination ; or falsely mark, grade, estimate or report upon the examination or proper stand- ing of any person examined hereunder, or aid in so doing; or make any false representations concerning the same, or concern- ing the person examined ; or furnish to any person any special or secret information for the purpose of either improving or injur- ing the prospects or chances of any person of being appointed, employed or promoted. Verification of Pay Rolls. Sec. 19. The pay rolls or demands for salaries, wages or com- pensation of all deputies, assistants, clerks and employees of every class or description, without regard to the name or title by which they are known, for each department, board, office or bureau sub- ject to the provisions of this Article, shall be transmitted to the Civil Service Commission before presentation to the Auditor. The Commission shall examine said pay rolls or demands and shall approve the demands of all persons appointed or employed in accordance with the provisions of this Article. The pay rolls or demands thus approved, with notation of any item thereof disap- proved, shall be then certified hy the Commission and transmitted by it to the Auditor. The Auditor shall not approve and the Treasurer shall not pay any demand or warrant for salary, wages or compensation unless said demand shall have l)een approved by the Civil Service Commission. — As amnuird Drccmhrr 10, 1912; approved hy the Legislature March 28, 1913 (Stnlutrs, 1913, page 1602). Penalty for Violation. Sec. 2i). The (/ommissioners sli;ill luivc power In iiislitiilc and prosecute legal proeeedings for vinlatioiis of ;iny of the provisions of this Article. ISfi Chnrtn' of fhc Cih/ and Vounhj of San Francisco. ARTICLE XTV. PARK COMMTJ^STONERS. Park Commissioners. Jurisdiction of. Section 1. Tlie lands designated upon the map of the outside lands of the City and County, made pursuant to order No. 800, l>y the word "park," extending from Stanyan Street to the Pacific Ocean, and known as Golden Gate Park; also the land fronting on Ilaight Street, designated on said map by the word "park," and known as Buena Vista Park; also the lands desig- nated on said map by the word "avenue," extending from Baker Street westward until it crosses Stanyan Street; also that certain highway bounded on the west by the Pacific Ocean, and desig- nated upon said map as "great highway;" also IMountain Lake Park; also Seal Rocks, as ceded to the City and County of San Francisco by Act of Congress ; and all the other parks and squares in the City and County, and all the grounds surrounding public buildings in the City and County, and all parks and squares and public pleasure grounds hereafter acquired by the City and County, shall be under the exclusive management of a Board of Commissioners who shall be known and designated as Park Com- missioners, except that children's playgrounds and recreation cen- ters outside of Golden Gate Park, shall, to the extent of their use as such playgrounds and recreation centers, be under the exclusive management and control of the Playground Commissioners; pro- vided, that the Panama-Pacific International Exposition Company (a corporation organized under the laws of the State of California, ]\rarch 22nd, 1910) is authorized to assume and take over the management and control, and to have the exclusive possession and use, of that portion of Golden Gate Park westerly from Twentieth Avenue, as extended, for the purposes of an exposition to celebrate the completion of the Panama Canal, such management and con- trol, and possession and use, to terminate not later than one year after the closing of such exposition. — As amended November 15, 1910; approved hy the Legislature February 17, 1911 (Statutes. 1911, page 1661). Successors In Office. Sec. 2. The Commissioners shall be successors in office of the Park Commissioners holding office in the City and County at the time this Charter shall go into effect by virtue of appointment under any statute of this State. Five Commissioners. Appointed by IVIayor. Term. Sec. 3. The Commissioners shall be five in number, one of whom must be an artist. They shall be appointed by the Mayor for a term of four years, and shall receive no compensation for their services. They shall so classify themselves by lot that one of them shall go out of office at the end of one year, one at the end Article XIV, Park Commissioners. 187 of two years, one at the end of three years, and two at the end of four years. Commissioners. Organization. President. Secretary. Duties. Contracts. Sec. 4. The Commissioners shall organize by electing one of their number President, and they may elect a Secretary who is not a member of the Board. The Board shall establish rules and regulations for its government and for the performance of its duties, and for the conduct of its officers and employees, and shall require adequate bonds from all of them, except laborers, for the faithful performance of their duties in such sums as may be fixed by it. Such bonds shall be approved by the Mayor and filed in the office of the Auditor. The person elected President shall hold his office for one year, or until his successor is elected. The Board must hold regular meetings at least once in two weeks, and as many special meetings as it may deem proper. Three of the Commissioners shall constitute a quorum for the transaction of business. No contract shall be entered into author- izing the expenditure of money without the approval of four of the Commissioners. Every contract exceeding five hundred dollars in amount shall be open to public competition, unless the Board shall determine in any given case to have the work done by day's labor. All the provisions of the Article in this Charter on the Department of Public Works relating to contracts shall be appli- cable to all contract work ordered by the Commissioners. Park Ordinances. Sec. 5. The Commissioners may adopt ordinances for the regu- lation, use and government of the aforesaid parks, squares, avenues and grounds not inconsistent with the laws of the State of Cali- fornia or with this Charter. Such ordinances shall, Avithin five days after their passage, be published for ten days, Sundays excepted, in the official newspaper. Any person violating any of such ordinances shall be deemed guilty of a misdemeanor, and shall be punished therefor, on conviction, in any court of com- petent jurisdiction. None of such ordinances shall be valid unless it receives the vote of four members of the Board. No ordinance shall be passed at the same meeting at which it is introduced, or at any other than a regular meeting. Such ordinances shall take effect in not less than ten days after their adoi)tion. Commissioners to Have Full Control of Parks and Squares. Sec. fl. The ('oiniiiissioners sluill have the conqjlclc and exclu- sive control, mauagerrient .'ind direclion of the jiforesaid p.'irks, squares, avenues, and grniuuls, ;md Ihe exclusive right lo erect, and to superintend the erection of buildings and structures thereon; and to that end may employ and appoint suj)erintcnd- ents, laborers, surveyors, engineers, and other officers and assist- ants, and prcsrM-ibe and fix their duties, authority .'ind compensa- tion. They sliall have the exclusive manag(Miient and disbursement 188 Charter of the City and County of San Francisco. of all funds loirally appropriated or received from any source for the support of said parks, squares, avenues and grounds. The Board may accept from donors suitable articles for the Museum and Art Gallery situate in the aforesaid Golden Gate Park, and shall manage and control said Museum and Art Gallery. Except as provided in Section 9 of this Article, nothing in this Section shall be so construed as to authorize the Commis- sioners to lease any part of any of said parks, squares, avenues and grounds to any person, company or corporation for any pur- pose; or to permit any person, company or corporation to build or maintain any structure on any part of said parks, squares, avenues or grounds; but this shall not inhibit the Board from leasing, for a period not greater than one year, such buildings as may be constructed by itself for the use of the public to such person, company or corporation who shall undertake to serve such use; and in every such lease the Board shall reserve the right to enter at all times into and upon the premises so leased, and shall make the condition that the buildings so leased shall be used for park pleasure purposes only. No such building shall be con- structed ])y the Board except it be within the objects and purposes for Avhich said parks, squares, avenues and grounds were dedicated to the public. Nothing, however, in this Section contained shall inhibit the Board from permitting the use of a limited portion of any one of the aforesaid parks or squares for the purpose of conducting thereon a Fair or Exposition, under such conditions and restric- tions as may be necessary to conserve the integrity of said parks and squares, and for a period not greater than six months, and so as not to interfere with the use of any of the same by the public for park-pleasure purposes; but no such permission shall ever be granted except such Fair or Exposition be of National, State or Municipal importance. None of the moneys in, or appro- priated to, the Park Fund shall be used for the purposes of any such Fair or Exposition. Fire Alarm Station in Jefferson Square. Section 6a. The Board of Supervisors shall have power and authority to select and set aside by ordinance, in that certain square or park known as Jefferson Square, bounded on the north by Eddy street, on the south by Golden Gate avenue, on the east by Gough street, and on the west by Laguna street, a suitable and convenient site upon which may be erected by competent authority a central station for the fire alarm and police telegraph and telephone systems, said station when erected to be under the control and management of the joint commission of the Depart- ment of Electricity, and said joint commission shall have power and authority, when said station is erected, to maintain across said square or park the necessary conduits, wires and lines leading to said station. — New Section added hy amendment December 10, Article XIV, Park Commissioners. 189 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Park Police. Sec. 7. The Chief of Police shall, on the request of the Com- missioners, detail such members of the Police Force of the City and County for service in said parks, squares, avenues and grounds as may be necessary for the enforcement of the law and for the proper observance of the ordinances of the Commissioners; and the Commissioners may provide a place of detention within either of said public places, in which the persons arrested for violating any of the ordinances of the Board may be detained temporarily. Donations, Legacies and Bequests. Sec. 8. The Board n\^Y receive donations from persons and corporations and legacies and bequests for the improvement of said parks, squares, avenues, and grounds. All moneys that may be derived from such donations, legacies and bequests shall, unless otherwise provided by the terms of such gift, legacy or bequest, be deposited in the treasury of the City and County to the credit of the Park Fund. The same may be withdrawn therefrom and paid out in the same manner as is provided for the payment of moneys legally appropriated for the support and improvement of such parks, squares, avenues and grounds. If the moneys derived from such gifts, bequests or legacies shall at any time exceed in amount the sum necessary for immediate expenditures on said parks, squares, avenues and grounds, the Board shall invest all or a part of the same in interest-bearing bonds of the United States, or of the State of California or of any municipality tliereof. State Exposition Building. Sec. 9. The Board may lease to the State of California, on such terms as it may deem proper, a plot of ground in Golden Gate Park, not more than seven hundred feet square, on wiiich .said State may erect and maintain an exposition building, in which may be exhibited the products of the several counties of the State, and in which the collection made by the State Mining Bureau may be maintained and exhibited ; but said lease shall be upon the express condition that no fee .shall ever be charged ftu' admission to said building. Works of Art Must Be Approved by Commissioners. Commissioners to Pass Upon Public Structures. Monuments. Sec. 10. Hereafter no work of art shall become the i)roperty of the City and County by piircliaso, gift or (»tli('i-wise, unless 8U(!h work of art or design of the same, together with a statement of the j)ropo.sed location of such work of art, shall tirst have* been submitted to and ai)j)roved by the ('ommi.ssioners; nor shall such work of art, until so approved, be erected or placed in or upon or allowed to extend over or upon, any street, avenue, square, park, municipal building or other public place belonging to the 100 Charter of the City and County of San Francisco. City ami County. The Board may require a complete model of the proposed work of art to be submitted. The term "work of art" as used in this Section shall apply to and include all paint- ingrs, mural decorations, stained glass, statues, bas-reliefs or other sculptures, monuments, fountains, arches or other structures of a permanent character, intended for ornament or commemoration. No existing work of art in the possession of the City and County shall be removed, relocated or altered in any way without the similar approval of the Board. When so requested by the Mayor, or the Supervisors, or the Board of Public Works, or the Board of Education, the Board of Park Commissioners shall act in a similar capacity, with similar powers, in respect of the designs of municipal buildings, bridges, approaches, gates, fences, lamps or other structures erected or to be erected upon land belonging to the City and County, and in respect of the lines, grades and plotting of public ways and grounds, and in respect of arches, bridges, structures and approaches Avhich are the property of any corporation or private individual, and which shall extend over or upon any street, avenue, highway, park or public place belonging to the City and County. This Section shall not be so construed as to impair the powers of the Park Commissioners to refuse their consent to the erection or acceptance of public monu- ments or memorials or other works of art of any sort within any park, square or public place in the City and County. Tax for Park Purposes, Limits. Sec. 11. The Supervisors shall provide all necessary money for the maintenance, preservation and improvement of said parks, squares, avenues and grounds, and to that end shall annually levy a tax on all property in the City and County not exempt from taxation, -which shall not be less than five cents nor more than seven cents upon each one hundred dollars assessed valuation of said property. Sec. 12. The California Academy of Sciences, an institution for the advancement of science and maintenance of a free museum, duly incorporated under the laws of the State of California, is hereby granted permission to erect and maintain in Golden Gate Park a museum building, consisting of one or more structures, as it may find necessary for the purposes contemplated, which said building is to become the property of the City and County of San Francisco, but to be used exclusively thereafter by the said California Academy of Sciences, under such proper rules and regulations as it may prescribe, as a free museum, open to the public, and for admission to which no admission fee shall ever be charged. The plans for the proposed museum building and any addition thereto must be approved by the Board of Park Commis- sioners, and said Board of Park Commissioners is hereby author- ized and directed to set apart such portion of Golden Gate Park, convenient to public access and satisfactory to said California Article XIV, Park Commissioners. 191 Academy of Sciences, as may he necessary for said building, suf- ficient grounds being allotted to secure the safety of the same from fire. — New section added hi/ amendment Novemher 15, 1910: approved hy the Legislature February 17, 1911 (Statutes, 1911, page 1661). Temporary Use of Lobos Square for Exposition. See. 13. Notwithstanding anything in this Article contained, the Board of Park Commissioners are hereby authorizinl and di- rected to transfer to the Panama-Pacific International Exposition Company (a corporation organi7,ed under the laws of the State of California i\Iarch 22, 1910), the exclusive possession, use, man- agement and control of Lobos Square, such management, control, possession and use to be for the purposes of the Panama-Pacific International Exposition and to terminate not later than one year after the closing of such exposition. — New Section added by amend- ment December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). 102 Chnrfrr of the City and County of San Francisco. ARTICLE XIV-A. PLAYGROUND COMMISSIONERS. Children's Playgrounds, Management of. Section 1. All children's playgrrounds now owned by the City and County, and all children's playerrounds that shall hereafter be acquired by the City and County, and all public recreation centers, other than those located in Golden Gate Park shall be under the management and control of a Board of Commissioners, which shall consist of men and women, and shall be kno^^^l and des- ignated as the Playground Commissioners. No person shall be appointed such Commissioner who shall not be at the time of his or her appointment a resident of the City and County, and who shall not have been such at least five years prior thereto. Commissioners. Sec. 2. The Commissioners shall be seven in number, five of whom shall be appointed by the ]\Tayor for the term of four years. Three of the members appointed by the Mayor shall be men and two of them shall be women. The President of the Board of Edu- cation shall be ex-officio the sixth member of the Commission, and either the President of the Park Commissioners or the Superin- tendent of Golden Gate Park, as the Park Commissioners in writ- ing may appoint, shall be ex-officio the seventh member. The Park Commissioners may at any time, by resolution served upon the Playground Commissoners, change their ex-officio member of said Commission, provided that such ex-officio member be always either their President or said Superintendent. None of said Commission- ers shall receive any compensation for his or her services. Organization. Rules. Sec. 3. The Commissioners shall organize by electing one of their number President, who shall hold office for one year or until his or her successor is elected, and they may elect a Sec- retary who is not a member of the Board. A majority of the members shall constitute a quorum for the transaction of business. The Board shall hold regular meetings at least once in two weeks, and as many special meetings as it may deem proper. The Board shall establish rules and regulations for its govern- ment and for the performance of its duties, and for the conduct of its officers and employes, and shall require adequate bonds from all its officers and employes, except laborers, for the faithful per- formance of their duties, and in such sums as may be fixed by it, such bonds shall be approved by the Mayor and filed in the office of the Auditor. Sec. 4. The Commisioners shall adopt rules and regulations for the government of the aforesaid playgrounds not inconsistent with the ordinances of the City and County of San Francisco, the laws of the State of California or with this Charter. Article XIV-A, Playground Commissioners. 193 Powers of Commissioners. Sec. 5. The Commissioners shall have complete and exclusive control, management and direction of the aforesaid playgrounds and recreation centers, and the exclusive right to erect and to super- intend the erection of buildings and structures thereon, and to that end they may employ superintendents, surveyors, engineers, laborers and other emploj^ees and assistants and prescribe and fix their duties, authority and compensation. They shall have the ex- clusive management and disbursement of all funds legally appro- priated or received from any source for the support and equipment of the aforesaid playgrounds and recreation centers, provided, that such management of any real or personal property or moneys ac- quired by loan, gift, devise or bequest, is not inconsistent with the terms and conditions of the loan, gift, devise, or bequest. The Commissioners may purchase in the name of the City and County of San Francisco lands to be used as children's playgrounds and recreation centers, with any moneys legally appropriated for such purpose or acquired by gift, legacy or bequest for such purpose. IVIay Receive Donations. Sec. 6. The Board may receive donations from persons and corporations, and legacies and bequests for the purchase, im- provement and equipment of playgrounds and recreation centers. All moneys that may be derived from such donations, legacies and bequests shall, unless otherwise provided by the terms of such gift, donation, legacy or bequest, be deposited in the treas- ury of the City and County to the account of the Playground Fund of the General Fund. The same may be withdrawn there- from and paid out in the same manner as is provided for tlie pay- ment of moneys legally appropriated for the support and im- provement of such playgrounds and recreation centers. If such moneys shall at any time exceed in amount the sum necessary for immediate expenditure on said playgrounds or recreation cen- ters the Board may invest all or part of the same in interest-bearing bonds of the United States, of the State of California or of any municipality therein. Police Detail. Sec. 7. The Chief of Police shall on request of the Commission- ers detail such members of the Police Force of tiie City and County for service in said playgrounds and recreation centers as may be necessary for the enforcement of the law and the city ordinances and the proper observance of tlie rules and regulations of the Com- missioners. Supervisors May Set Aside Other Lands. Sec. 8. The Supervi.sors shall have the power to set apart either absolutely or for a dcfinile period of time, any land not improved with any piibli(' buildings belonging to \hv. (!ily and ('ounty other than land under the exclusive control and munagisment of the Park 194 Charter of the City and County of San Francisco. Commissioners, and land acquired by the issue of bonds for other specific purpose, for use as children's playgrounds and recreation centers, and the same shall, when so set apart for such use, be under the exclusive control and management of the Playground Commis- sioners. Park Commissioners May Set Apart Other Parks. Sec. 9. The Park Commissioners shall have power to set apart either absolutely or for a definite period of time such parks and squares or portions thereof as they may see proper, other than Golden Gate Park and the Mission Park, for use as children's playgrounds and recreation centers, and the same shall, when so set apart for such use, be, to the extent of that use, under the exclusive control and management of the Playground Commissioners. Appropriation for Support. Sec. 10. The Supervisors shall, for the purchase, development, equipment and maintenance of the aforesaid playgrounds and re- creation centers, annually appropriate to the Playground Com- missioners at the time of making the Budget such amount as may in their judgment be necessary or proper, and the funds so appro- priated shall be credited to the Playground Fund of the General Fund, and the Playground Commissioners shall have the exclusive management and disbursement of the same. The Secretary shall keep a full account of all property, money, receipts and expenditures and a record of all proceedings of the Commissioners. The votes of all its members shall be recorded in the minutes with the ayes and noes. Article XIV-A added as an amendment November 5, 1907 ; ap- proved, 1)11 the Legislature November 22, 1907 {Statues Specicd Session 1907, page 56). Article XV, Bonds of Officials. 195 ARTICLE XV. BONDS OF OFFICIALS. Officers to Give Bonds. Approval by Mayor and Auditor. Section 1. Offieors of the City find County, before enterinir upon the diseharge of their oflficial duties, shall respeetively c:ive and execute to the City and County such official honds as may he required hy lavr. ordinance, or this Charter. Wlien the amount of any bond is not fixed hy law or hy this Charter, it shall he fixed hy an ordinance of the Supervisors. All honds, exceptinor those of the Mayor and Auditor, must he approved hy the ^Tayor and Auditor : the bond of the Mayor must he approved by the Auditor, and the bond of the Auditor must be approved by the Mayor. The approval of every official bond must be indorsed thereon, and sismed by the officers approvincr the same, after examination of the sureties, as hereinafter provided. TTpon the approval of a bond it must be recorded, at the expense of the party givinsr the bond, in the office of the Kecorder, in a book kept for that purpose, entitled T?ccord of Official Bonds. The bond of the Auditor shall be filed and kept in the office of the County Clerk. The bonds of all other officers shall be filed and kept in the office of the Auditor. Bonds of City and County Officers. Premium for Bonds Sec. 2. The following? oflfieers shall respectively execute official bonds to the City and County. Avith sureties, in the followin*? sums: Mayor, twenty-five thousand dollars: Auditor, fifty thousand dol- lars; Treasurer, two hundred thousand dollars: Tax Collector, one hundred thousand dollars; Assessor, fifty thousand dollars: County Clerk, fifty thousand dollars: Becorder, ten thousand dollars: Sher- iff, fifty thousand dollars; Coroner, ten thousand dollars: City At- torney, ten thousand dollars; District Attorney, ten thousand dol- lars; Bublic Administrator, fifty thousand dollars; Supcrinlcndcnt of Bublic Schools, five thousand dollars; each Commissioner of Pub- lic Works, twenty-five fhonsand dollars; Clei-k of Ihc SiipcM'visors. ten thousand dollars; car-h Supervisor, five thousand dollars: each School Director, five thousand dollars; each Fire Conmiissioner. ten thousand dollars; each Police Commissioner, five thousand dol- lars; each Elcf'tion Com mis.si oner, ten fhousand dollars; the Proj)- erty Clerk of Polifo Department, fen thousand dollars: flic War- rant and Bond Hlork, fen thousand dollars. In all cases of elective orfifors. officers appointed by the Mayor, and officers whose bonds are fixed by the Charter, the preniiiiin or eharpc for such bonds shall be paid by the C'ity and County; pro- vided, hovrvrr, that no premium or charire shall exceed one-half of one per cent per annum on the amount of such bond. — As amend fd Nnvrwhrr .^, 1907 ; npprnrrd hy the LrfjisJnlurr Nnvrm- hrr 2.1, 1!)07 (Slahiirs SprrinI Session, 1907, page 37). 196 Charter of the City and County of San Francisco. Bonds Must Contain Certain Conditions. Sureties. Sec. 3. City and County officers shall not be accepted as surety for each other on official bonds. Every bond shall contain a condi- tion that the principal will faithfully perform all official duties then, or that may thereafter be, imposed upon or required of him by law, ordinance, or this Charter, and that at the expiration of his term of office he will surrender to his successor all property, books, papers, and documents that may come into his possession as such officer. Such bond must also be executed by two or more sure- ties who shall each justify in the amount required for said bond; but when the amount of the bond is more than five thousand dol- lars, the sureties may become severally liable for portions of not less than twenty-five hundred dollars. Wlien there are more than two sureties, such sureties may justify in an amount which in the aggregate shall equal double the amount of said bond. Qualifications of Sureties. Sec. 4. Every surety upon an official bond, other than law- fully authorized surety companies, must make an affidavit, which shall be endorsed upon such bond, that he is a resident and free- holder in the City and County, and worth in property situated in the City and County, exclusive of incumbrances thereon, dou- ble the amount of his undertaking over and above all sums for which he is already liable or in any manner bound, whether as principal, indorser or suret}'', and whether such prior obligation or liability be conditional or absolute, liquidated or unliquidated, due or to become due. All persons offered as sureties on official bonds may be examined on oath as to their qualifications by the officers whose duty it is to approve the bond. Additional Bond. Sec. 5. When under any of the provisions of this Charter, or of any ordinance, an official bond shall be required from an offi- cer, the Supervisors may, by resolution, require an additional bond, whenever, in the opinion of such board, such bond or any surety thereto becomes insufficient; and such additional bond shall also be required when a surety to a bond shall die or cease to be a resi- dent of the City and County. Liability. Sec. 6. Every officer shall be liable on his official bond for the acts and omissions of his deputies, assistants, clerks, and em- ployees, appointed by him, and of any and each of them, and every official bond shall contain such a condition. Bonds of Deputies and Employees. Sec. 7, Every board, department or officer may require of their deputies, clerks or employes bonds of indemnity with sufficient sureties for the faithful performance of their duties. Article XVI, Miscellaneous. 197 ARTICLE XVI. MISCELLANEOUS. "City and County" Defined. Section 1. The words "City and County" wlienever tlioy occur in this Charter moan the City and County of San Francisco; and every department, hoard and oi^ccr, wherever either one of tliem is mentioned in this Charter, means a department, board or officer, as the case may be, of the City and County of San Francisco. Qualification to Hold Office. Sec. 13/2. No political, relie:ious or partisan qualification shall hereafter be required for election or appointment to any office under the City and County. The right to hold any office or posi- tion shall not be limited by sex. Any provision of this Charter in conflict with this section is hereby repealed. — New section added hy amendment, December 10, 1912; approved hy the Legislature March 28, 1913 (Statutes, 1913, page 1602). Employees to Be Residents, Except Experts. Sec. 2. All persons appointed to office, position or employment under the City and County must be citizens of the United States. and must, during their respective terms of office or employment actually reside in the City and County, and must have so resided for the period of one j^ear next preceding their appointment; pro- vided, that positions requiring expert or technical training may, by resolution of the Board of Supervisors approved by the IMayor. be exempted from this condition, and there shall be imposed in lieu thereof a certification of training and experience. Appointees whose duties are performed outside the City and Counly shall not be subject to the requirements of this section. All provisions of the Charter in conflict with this section are here])y repealed. — .■l^ amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). No Absence from the State. Sec. 3. No officer of the City and County, except members of the Police Department acting under orders of the Chief thereof, shall absent himself from tlie State, except by pennissiou of the Mayor and the Board of Supervisors. Violation of this section shall be sufficient cause for the removal of any officer violating the same. — As amended November 15, 1910; approved by the Legisla- ture February 17, 1911 (Statutes, 1911, page 1661). No One Shall Hold Two Salaried Offices. Sec. 4. Any person holding a salaried oni<'(' under the ('ily and County, whether l>y election or aj)|»oinlMient, who shall, during his term of office, hold or retain any other wilaried office under the government of the United Slates, or of this Stat(!, or who shall 198 Charter of the City and County of San Francisco. hold any other salaried office connected with the government of the City and County, or who shall become a member of the Legislature, shall be deemed to have thereby vacated the office held by him under the City and County. Limit of Subordinates and Supplies. Sec. 5. No department, board or officer shall, under any circum- stances, employ more subordinates than are specifically provided for in this Charter or buy supplies beyond the sura furnished there- for by the Supervisors. Shall Not Be Interested in Contracts or Supplies or Property of the City. Sec. 6. No Supervisor and no officer or emploj^e of the City and County, shall be or become, directly or indirectly, interested in, or in the performance of, any contract, work, or business, or in the sale of any article, the expense, price or consideration of which is payable from the treasury; or in the purchase or lease of any real estate or other property belonging to, or taken by, the City and County, or which shall be sold for taxes or assess- ments, or by virtue of legal process at the suit of the City and County. If any person in this section designated shall, during the time for which he was elected or appointed, acquire an interest in any contract with, or work done for, the City and County, or any department or officer thereof, or in any franchise, right or privilege granted by the City and County, unless the same shall be devolved upon him by law, he shall forfeit his office, and be forever after debarred, and disqualified from being elected, ap- pointed or employed in the service of the City and County; and all such contracts shall be void, and shall not be enforceable against the City and County. Promises or Valuable Consideration Prohibited. Sec. 7. No officer or employe of the City and County shall give or promise to give to any other person, any portion of his com- pensation, or any money, or valuable thing, in consideration of having been, or of being, nominated, appointed, voted for, or elected to, any office or employment; and if any such promise or gift be made, the person making such gift or promise shall forfeit his office and employment, and be forever debarred and disqualified from being elected, appointed or employed in the service of the City and County. Bribing Prohibited. Sec. 8. Any officer of the City and County who shall, while in office, accept any donation or gratuity in money, or other valuable thing, either directly or indirectly, from any subordinate or em- ploye, or from any candidate or applicant for any position as employe or subordinate under him, shall forfeit his office, and be forever debarred and disqualified from holding any position in the service of the City and County. Article XVI, Miscellaneous. 199 Annual Reports. Sec. 9. Every department, board and commission pro\'ided for in this Charter, except the Supervisors, shall render to the IMayor within one month after the end of each fiscal year a full report of all the operations of such department or board or commission for such year. Vacancies Defined. Sec. 10. An office becomes vacant when the incumbent thereof dies, resigns, is adjudged insane, convicted of felony, or of an offense involving a violation of his official duties, or is removed from office, or ceases to be resident of the City and County, or neglects to qualify within the time prescribed by law, or within twenty days after his election or appointment, or shall have been absent from the State without leave for more than sixty consecutive days. Liability for Illegal Payments. Sec. 11. Every officer who shall approve, allow or pay any de- mand on the treasury not authorized by law, ordinance or this Charter, shall be liable to the City and County individually and on his official bond for the amount of the demand so illegally ap- proved, allowed or paid. Custody of Records. Sec. 12. The departments. ])oards, commissioners and officers provided for in this Charter sball be entitled to the possession of all papers, books, documents, maps, plats, records and archives in the possession or under the control of those respectively who are superceded in office under this Cliartor by such department, boards, commissioners and officers. Books and Records Open to Inspection. Sec. 13. All books and records of every office and department shall be open to the inspection of any citizen at any lime during business hours. Certified copies or extracts from said 1)ooks and records shall be given by the officer having the same in custody to any person demanding the same, and paying or tendering ten cents a folio of one hundred words for such copies or extracts; but the records of the Police! l)ei)artment shall not be subject to such inspection excej)t permission be given by the Police Coinmis- .sioners or by the Chief of Police. Office Hours. Sec. 14. The Treasurer shiill koeji liis office open for l)usiness every day, except leg;il holidays, from nine o'clock in the forenoon until four o'clock in the afternoon. Exceiit where otherwise pro vided for by law, or by this Charter, all other public offices shall be kept open for })usiness every day, except legal holidays, from half-past eight o'clock in the forenoon until five o'clock in the afternoon; and, in addition thereto, from the first day of November until the last Monday of December in each year the office of the Tax Collector shall be kept open until nine o'clock in tlie evening. 200 Charter of the City and County of San Francisco. Disqualifications. See. 15. No person shall be eligible to or hold any office, or be clerk or deputy in any office or department, who has been found guilty of malfeasance in office, bribery or other infamous crime or who in any capacity has embezzled public funds. Fiscal Year. Sec. 16, The fiscal year mentioned in this Charter shall com- mence on the first day of July and end on the thirtieth day of June following. All Moneys to Be Paid to Treasurer. Sec. 17. All moneys, assessments and taxes belonging to or col- lected for the use of the City and County, coming into the hands of any officer of the City and County, shall immediately be deposited with the Treasurer for the benefit of the funds to which they re- spectively belong. If such officer for twenty-four hours after re- ceiving the same shall delay or neglect to make such deposit, he shall be deemed guilty of misconduct in office and may be removed. Suspensions and Removals. Sec. 18. Any elected officer, except Supervisor, may be suspended by the Mayor and removed by the Supervisors for cause; and any appointed officer may be removed by the Mayor for cause. The Mayor shall appoint some person to discharge the duties of the office during the period of such suspension. Procedure After Suspension of Elected Officer. Sec. 19. When the Mayor shall suspend any elected officer he shall immediately notify the Supervisors of such suspension and the cause therefor. If the Board is not in session, he shall imme- diately call a session of the same in such manner as shall be pro- vided by ordinance. The I\Iayor shall present written charges against such suspended officer to the Board and furnish a copy of the same to said officer, who shall have the right to appear with counsel before the Board in his defense. If by an affirmative vote of not less than fourteen members of the Board of Supervisors, taken by ayes and noes and entered on its record, the action of the Mayor is approved, then the suspended officer shall thereby be removed from office; but if the action of the Mayor is not so ap- proved such suspended officer shall be immediately reinstated. Removal of Appointed Officer by the Mayor. Sec. 20. When the JNIayor shall remove an appointed officer from office, he shall immediately notify the Board of Supervisors of such removal, and furnish it a statement of the cause therefor, which statement shall be entered in the record of its proceedings. Removal of Appointed Deputies or Employees. Sec. 21. Unless otherwise provided by law or by this Charter, any officer, board or department authorized to appoint any deputy. Article XVI, Miscellaneous. 201 clerk, assistant or employe, shall have the right to remove any per- son so appointed. Appointments to Be in Writing in Duplicate. See. 22. All appointments of officers, deputies and clerks to be made under any provision of this Charter must be made in writ- ing and in duplicate, authenticated by the person or persons, board or officer making the same. One of such duplicates must be filed with the Secretary of the Civil Service Commission and the other with the Auditor. Classification by Lot to Be Recorded and Filed. Sec. 23. Whenever it is provided in this Charter that the mem- bers of any board, department or commission shall so classify them- selves by lot that their terms of office shall expire at different times, such members shall, on the day of making such classification, cause the same to be entered in the records of their proceedings, and a copy thereof, certified by the Secretary thereof and signed by all of said members, shall be filed with the Clerk of the Supervisors. In every case such classification must be made at the first meeting of the Board. Powers of Officers and Boards to Administer Oaths, Issue Subpoenas and Hear Testimony. Sec. 24. Every officer and every member of any board or com- mittee provided for in this Charter shall have the power to ad- minister oaths and affirmations, and every such board, officer or committee shall have the power to issue subpoenas, to compel by subpoena the production of books, papers and documents, and to take and hear testimony concerning any matter or thing pending before any such board, officer or committee. If any person so subpoenaed neglect or refuse to appear, or to produce any book, paper or document, as required by such subpoena, or .shall refuse to testify before any such board, officer or committee, or to answer any question which any officer or a majority of such l)oard or com- mittee shall decide to be proper or pertinent, he shall be deemed in contempt, and any such board, officer or committee shall have power to take the proceedings in that behalf provided by the generjil laws of this State. The Chief of Police must, on request of such officer or of any member of any such board or committee, detail a police officer or officers to serve such subpoenas. Official Newspaper. Sec. 25. All publicjitions provided for in this (Miarler must be made in tlu? official newsp;if)er only. Franchises Not in Use Forfeited. Sec. 26. All franchises and privileges heretofore granted liy the City and County which are not in actunl use or enjoyment, or wliich the grantees thereof have not in good faith commenced to exercise, are hereby declared forfeited and of nn validity, unless said grantees 202 Cliartcr of the Cihi and County of San Francisco. or their assigus sliall, within six months after this Charter takes effect, in good faith commence the exercise and enjoyment of such privilege or franchise. Ordinances Repealed. Sec. 27. All ordinances or resolutions for the improvement of any street for which no contract shall have been entered into at the time this Charter takes effect are hereby repealed. Ordinances Continued. Sec. 28, All ordinances, orders and resolutions of the Super- visors of the City and County in force at the time this Charter takes effect, and not inconsistent therewith, shall continue in force until amended or repealed. Bonded Indebtedness, How Incurred. Disposition of Proceeds of Sale of Bonds. Sec. 29. "When the Supervisors shall determine that the public interest requires the acquisition of any land or lands or the con- struction or acquisition of any permanent building or buildings, improvement or improvements the cost of which, in addition to the other expenses of the City and County will exceed the income and revenue provided for the City and County for any one year, they must, by ordinance, submit a proposition or propositions to incur a bonded indebtedness for such purpose or purposes to the electors of the City and County at a special election to be held for that purpose of facilitating the performance of street or any other kind read at the time of submitting such propositions to the electors, providing for the acquisition of public utilities, so far as the same are applicable, shall apply to the manner of submitting such propo- sition or propositions, to the issuance, character and registration of said bonds and to the time when, and the kind of money in which said bonded indebtedness shall be payable. The proceeds of any sale of bonds shall be placed in the treasury to the credit of the proper fund and shall be applied exclusively to the purposes and objects mentioned in the ordinance author- izing their issuance until such objects are fully accomplished, after which, if any surplus remains, such surplus may be transferred to the general fund, except that if such fund exceeds the sum of two thousand dollars then such surplus and the whole thereof shall be transferred to the appropriate fund or funds to pay the interest and maintain the sinking fund or provide for the retirement of the bonded indebtedness in connection with which such surplus re- mains. — As amended November 5, 1907; approved by the Legis- lature November 22, 1907 (Statutes Special Session, 1907, page 17). Bonds for Street and Other Public Work. Revolving Fund. Sec. 29^^. A municipal indebtedness may be incurred and bonds may be authorized to be issued therefor by the voters for the purpose only. All provisions of this Charter, as the same shall Article XVI, Miscellaneous. 203 of public work, or opening of streets, or acquisition of property for any of the aforesaid purposes, the cost of which is to be assessed upon private property benefited thereby, provided, that said cost shall in the aggregate exceed the sum of five hundred thousand dollars. To authorize such indebtedness the Supervisors shall adopt a resolution declaring the necessity therefor and at any time there- after may call an election for the purpose of submitting to the elec- tors the proposition of authorizing the issuance of bonds and the incurring of the indebtedness. Such election may be held at the same time as any other election, or otherwise, as the Supervisors may determine, but if held at the same time as is a general State or municipal election separate ballots may be used and the paper on which the ballots are printed shall be distinctively different from that used for the election of officers. The principal and interest on such bonds may be paid from the fund herein provided for or as other bonds of the City and County are redeemed and paid in the discretion of the Supervisors. The full faith and credit of the City and County shall be pledged for the punctual payment of the principal and interest. Such indebtedness shall be no part of the debt limited by Section 9 of Article XII of the Charter. The maximum rate of interest shall not exceed five per centum per annum and the principal shall be payable at any time after ten years and within twenty years from their date, as may be determined by the Board of Supervisors. If more than two- thirds of the voters voting at such election shall vote in favor of the incurring of the indebtedness, then such bonds may be issued as herein provided. The bonds so authorized shall be sold in such amounts and at such times as the Supervisors may direct and tlio proceeds arising from such sale shall be placed in a special fund known as the public work revolving fund. The moneys in such fund shall be used to pay the cost of any public improvement, the cost of which (or any portion thereof) has been or may be assessed against private property benefited thereby, or may be used to pay the prin- cipal or interest on the bonds issued as herein provided. All sums paid on account of such assessment shall be placed to the credit of such fund. Interest shall be charged on all sucii assessments at the rate of six per centum per antuun, from tlu^ date of the accept- ance of the work for the payment of which the assessments were im- posed. Such assessments when exceeding $25 may be paid in not more than ten annual installments. The Supervisors sliall, by proper legislation provide for the carrying into effect the provisions of this section. — New section added by amendment, Deecmhcr 10. 1912, approved hy the Leyislalure, March 2S, lers, may authorize such appointments and i)rovi(le for the eompen.sation of such aj)- pointees, sul)ject to the limitations contained in this Charter, and subject to the i)rovisions of Article XIII thereof. First Appointments by Mayor. Beginning and Expiration of Terms of Office. Sec. 36. At any time between the first day of December, in the 206 Charier of the City and County of San Francisco. year one thousand eight hundred and ninety-nine, and the first day of January, in the year nineteen hundred, the person, who, at the election held under this Charter in the month of November next preeedinf?, has been elected the J\Iayor of the City and County, shall make all the appointments provided by this Charter to be made by him, and all the persons so appointed shall thereupon qualify as in this Charter provided, and shall take office at the hour of noon on the first IMonday after the first day of January in the year nineteen hundred, and all boards, commissions and officers of the City and County holding by appointment under existing laws shall hold office no longer than said last aforesaid time. Balances in the Several Funds to Be Transferred to Their Successive Funds Under the Charter. Sec. 37. The balance remaining in the. School Fund at the time this Charter takes effect shall forthwith be transferred to the Common School Fund created by this Charter. The balance remaining in the Library Fund at the time this Charter takes effect shall forthwith be transferred to the Library Fund created by this Charter. The balance remaining in the Park Improve- ment Fund at the time this Charter takes effect shall forthwith be transferred to the Park Fund created by this Charter. The balance remaining in the Unapportioned Fee Fund at the time this Charter takes effect shall forthwith be transferred to the Unapportioned Fee Fund created by this Charter. The balance remaining in the Police Relief and Pension Fund at the time this Charter takes effect shall forthwith be transferred to the Police Relief and Pension Fund created by this Charter. The balance remaining in the Surplus Fund at the time this Charter takes effect shall forthwith be transferred to the Surplus Fund created by this Charter. The balance remaining in the Special Deposit Fund at the time this Charter takes effect shall forthwith be transferred to the Special Deposit Fund created by this Charter. The balance remaining in the General Fund at the time this Charter takes effect, the balance remaining in the Street Light Fund at the time this Charter takes effect, the balance remaining in the Street Department Fund at the time this Charter takes effect, the balance remaining in the Police Contingent Fund at the time this Charter takes effect, the balance remaining in the Pound Fee Fund at the time this Charter takes effect, and the balance remaining in the Special Fee Fund at the time this Char- ter takes effect, shall each and every of them be forthwith trans- ferred to the General Fund created by this Charter. Out of the said General Fund shall be paid, as in this section hereinafter provided, all the expenses of the various departments of the City and County, except such expenses as are by this Charter to be paid out of the Funds specifically provided for the payment of such expenses. For the six months ending on the thirtieth Article XVI, Miscellaneous. 207 day of June, in the year nineteen hundred, each and every of said departments shall expend the moneys set apart to each of them by the Board of Supervisors of the existing municipality. So much of said moneys set apart by said Board of Supervisors to the Superintendent of Public Streets, Highways and Squares for the fiscal year ending on said thirtieth day of June, in the year nineteen hundred, as shall remain unexpended at the time this Charter takes effect, shall be expended during said six months hy the Board of Public Works in the operations of the department committed to its charge. All the expenses of the City and County which are not to be paid out of specific funds shall be paid during said six months out of the General Fund. Should the moneys set apart by the Board of Supervisors of the existing municipality to any department of the City and Coiinty become or be exhausted at any time during said six months, or should any department created by this Charter have no money specifically provided for it during said six months, then in each such case the expenses thereof shall be paid out of the General Fund, notwithstanding anything contained in Sections 6 and 7 of Chapter 1 of Article ITT of this Charter. Such ]>ensions as may accrue to firenion under Article IX of this Charter during said six months sliall be paid out of the General Fund. The existing municipality mentioned in this section is the existing municipality of the City and County of San Francisco, and the several funds which are to be transferred as in this section provided are funds of said existing municipality. All the funds of said exist inu: Huinicipality not mentioned in this section, and which are author- ized by law, shall be continued in the treasury until tho necessity for their continuance ceases. Balances of Unnecessary Funds. Sec. 38. "When the necessity for maintaining any Fund of the City and County in existence at the time this Charter takes effect has ceased to exist, and a balance remains in such Fund, the Super- visors shall so declare by ordinance, and upon such declaration such balaTice shall be forthwith transferred to the General Fund. Terms of Officers. Sec. 3Sa. The term of office of the Mayor, County Clerk, .\uditor. District Attorney, Sheriff, Coroner and nine of the eighteen Su]mt- visors shall be four years, connnencing Jaiuiary 8. 11)12. and the term of office of the Tax Collector, Kecorder, City Att(u-ney, rublic Administrator, Treasurer and nine of the eighteen Supervisors shall be two years until the eighth day of January. lf)1 1, and thereafter shall be four years. Thereafter all the terms of the offii-ers herein named shall be four years. The nine Sujiervisors receiving the highest iuiinl)er of votes at the municipal election held in 1011 shall be the Sui)er- visors whose terms shall be four years from January 8, 1012, and 208 Charter of the City and County of San Francisco. the terms of the nine Supervisors receiving the next highest num- ber of votes at said municipal election shall he two years from January 8. 1912; provided that if it should be impossible to deter- mine the highest number of votes by reason of others having re- ceived the same number of votes, then those so tied shall choose by lot the four-year term. At each general municipal election officers shall only be chosen to succeed those whose terms expire in the month of January next following. The provisions of this sec- tion shall be deemed to be amendatory of all other provisions in the Cliarter relating to the terms of the officers herein named, whether heretofore existing or contained in sections amended in other respects concurrently with the adoption of this amendment.- — New Section added hy amendment November 15, 1910; approved hy the Lcqislature February 17, 1911 (Statutes, 1911, page 1661). Sec. 41. It is hereby expressly provided that all amendments to the Charter submitted and adopted concurrently herewith that create new positions or change the designation of any officer or employee, or which increases the compensation of any officer or employee, shall not take effect until July 1, 1911. — Nerv Section added by amendment November 15, 1910; approved by the Legis- lature February 17, 1911 (Statutes, 1911, page 1661). Sec. 42. Except as otherwise provided, all amendments to the Charter submitted and adopted concurrently herewith, or that may be hereafter adopted, that increase the salary of any officer or employee shall not take effect until the end of the fiscal year in which such amendment is ratified by the Legislature of the State of California. — Neiv section added, by amendment March 16, 1915; approved by the Legislature April 1, 1915 (Statutes, 1915). SCHEDULE. Publication of Charter, and Ratification at Special Election. This Charter shall be published for twenty days in The San Fran- cisco Call and in the Daily Report, daily newspapers of gen- eral circulation in the City and County of San Francisco, and after such publication, viz: on Thursday, the twenty-sixth day of May, in the year one thousand eight hundred and ninety-eight, it shall be submitted to the qualified electors of said City and County of San Francisco, at a special election w^hich shall be held on that day, for the sole purpose of voting upon the adop- tion of the same; and if a majority of the qualified electors of said City and County voting at said election shall ratify the same it shall be submitted to the Legislature of the State of Califor- nia for its approval or rejection. If the Legislature shall ap- prove the same, it shall take effect and be in force, except as hereinafter otherwise provided, on and after the hour of noon on the first Monday after the first day of January, in the year nine- teen hundred, and shall thereupon become the Charter and or- ganic law of the City and County of San Francisco, and shall super- Article XVI, Schedule. 209 cede the existing Charter of said City and County, and all amend- ments thereof, and all laws inconsistent with this Charter. The form of ballots at said election shall be as follows: For the New Charter, YES. For the New Charter, NO. For the sole purpose of the election of the officers directed in this Charter to be elected by the people, this Charter shall take effect on and after its approval by the Legislature, and the election of such officers shall be managed, conducted and controlled by the Board of Election Commissioners in and for said City and County in office at the time of such election. And for the sole other purpose of the Mayor elected under this Charter making the appointments provided in this Charter to be made by him, and of tlie qualification of the persons so appointed, this Charter shall take effect on the first day of December, in the year one thousand eight hundred and ninety-nine. Be It Known. That the City and County of San Francisco, con- taining a population of more than two hundred thousand inhabi- tants, on the twenty-seventh day of December, in the year one thousand eight hundred and ninety-seven, and under and in ac- cordance with tlie provisions of Section 8, of Article XI, of the Constitution of this State, did elect the undersigned a Board of Fifteen Freeholders, to prepare and propose a Charter for said City and County; and we, the members of said Board, in pur- suance of such provisions of the Constitution, and within a period of ninety days after such election, have prepared and do propose the foregoing, signed in duplicate, as and for the Charter for said City and Count.v of San Francisco. In Witness Whereof, we have hereunto set our liands in dupli- cate, this twenty-fifth day of March, in the year one thousand eiglit hundred and ninety-eight. JOSEPH BKITTON, Prrsidrnf, JEKOME A. ANDERSON, JAMES BUTLER, II. N. CLEMENT, A. COMTE, Jr. ALFRED CRIDGE, L. R. ELLEK'T, ISIDOR miTTE, P. II. McCarthy, JOHN NICHTTNCALE, Jr. JOHN C. NO F 5 MANN, JOSEIMF O'CONNOR, LIl'PMANN SACHS, EDWARD R. TAYLOR, A, W. THOMPSON, Attest: J. RICH'D FREUD, Secretary. 210 Charter of the City and County of San Francisco. City and County of San Francisco. State of California, ^^• This is to certify that we, James D. Phelan, Mayor of the City and County of San Francisco, and Thomas J. Glynn, County Recorder of said City and County, have compared the foregoing proposed and ratified Charter with the duplicates mentioned therein, and find that the same is an exact copy thereof; and we further certify that the facts set forth in the preamble preceding said Charter herein are true. Dated, San Francisco, Cal., December thirtieth, eighteen hun- dred and ninety-eight. JAMES D. PHELAN, Mayor of the City and County of San Francisco. THOS. J. GLYNN, County Recorder of the City and County of San Francisco. INDEX Section or Subdixiaion Page ABSENCE, from the State, when permitted 3 197 ACADEMY OF SCIENCES, may erect Museum in Golden Gate Park 12 190 ACCOUNTS, Auditor the custodian of 1 41 Auditor to examine and settle 10 36 Investigation of, by Supervisors 8-4 14-15 Method of keeping in Auditor's office 3-4 41-42 Public utilities, how kept 16 177 Treasurer to keep each separately 2 43 ACQUISITION OF PUBLIC UTILITIES (See Public Utilities). ACTIONS, against City for injuries 5 2 By City Attorney, when 2 51 By District Attorney, when . . ' 2 53 Civil Service provisions, violation 20 185 For recovery of public property 4 2 Police Court, who to conduct in 2 53 To condemn property for public use 12 9 ADVERTISING, contract for supplies 1 21 Delinquent tax list 2 23 For stationery supplies and printing 3 23 For surrender of outstanding bonds 7 31 Franchises for street railways 6 15 Official newspaper for, charges, etc 2 22 Sale of personal property 33 12 Soliciting proposals for public work, exception. . . 15 66 ALMSHOUSE, under charge of Board of Health 3 149 AMBULANCE SERVICE, charge Board of Health. .. 3 149 ANIMALS, prevention of cruelty to 19 10 Prevention of, running at large 8 9 AMENDMENTS, to Charter by majority vote, when. 22 6 To Charter, how proposed by the people 22 6 To Charter 1911, when to take effect 41 208 APPOINTMENT, of boards, commissions, and of- ficers (see under appropriate titles.) Of clerks, deputies, and employes (see under ap- propriate departments). By Mayor of all officers not otherwise specified. . 4 40 By Mayor under Charter, when to be made '.16 20r> Of additional deputies, etc., when and how ; 20r) Of all municipal officerH, to hv in duplicate 22 201 Of interpreters in Courts 1 HI Of laborers, by ijrlority of ;ii)plicatlon 5 180 Of successors to officerK suspended 18 200 Sex to be disregarded, when 9 181 Temporary, limited to sixty days 10 181 Under Civil Service i)rovlsions 11 182 APPORTIONMENT OF TAXES 11 27 APPROPRIATIONS, money to be drawn only by.. 6 26 Warrants drawn only upon unexhausted 7 20 Weekly statements of unexpciudc-d balances 10 27 212 Index Section or Subdivision Page ART, WORKS OF, acceptance and location 10 189 ASSESSMENT, district, for street improvements... 11 80 Ordinances levying 13 15 Street improvements, limit to 8 76 Street improvements, how levied 9 76 Street improvements, warrants for 12 80 ASSESSOR, City Attorney to collect delinquent taxes 3 49 Election, at what time 1 153 Election, qualifications, term, salary 1 47 Deputies, clerks, assistants and salaries 1 47 To assess property as prescribed by law 2 48 ASSISTANTS (see under appropriate titles or de- partments). ATTORNEY, City and County (see City Attorney). District (see District Attorney). Special for Auditor 2 41 Special for Sheriff 2 55 AUDITOR, accounts of, how kept 3 41 At office daily 1 41 Adjust accounts of officers monthly 8-10 35-36 Allowance for special attorney 2 41 Annual estimate of city's necessities and income 2 25 Certificate of, on contracts over $250, exception. . 10 27 Countersign demands on treasury 2 43 Deduct from salaries for absence 6 42 Deliver licenses to Tax Collector 5 49 Demands, not allowable, when 5-6 42 Demands on treasury to be audited by 3 41 Demands, action in order of registration 8 43 Deputies, clerks, assistants, and salaries 2 41 Election of Auditor, at what time 1 153 Election, qualifications, salary 1 41 Endorse "Allowed" on approved demands 7 42 Examine claims for mileage fees, etc 11 36 Four-year term for 38a 207 Furnish blank receipts to officers 5 35 Furnish blank receipts to officers 5 34 Have custody of "Duplicate" receipts 4 46 Head of Finance Department of City 1 41 Joint custodian of public funds 3 46 Keep official register of demands 8 43 May require claimant to be sworn as to claim. . . 6 42 Must know condition of treasury 1 41 School Fund, segregation annually for salaries.. 9 117 Shall not approve pay rolls or demands, when. ... 19 185 Salary of, audited by Mayor 13 37 Shall not approve demands when 4 42 State condition of treasury to whom 1 41 To number and record demands 4 42 To fix rate of interest on deposits 2 43-46 Weekly statements of unexpended balances 10 27 B BAGGAGE, transportation of BAIL BONDS, custody of BAILIFFS, for Police Court BANKS, deposit of public funds in. 7 9 5 58 14 60 2 43-46 Index 213 Section or Subdivision BEQUESTS, Public Library 3-4 Public Parks 8 Public Schools 12 BIDS (see also Contracts). Cleaning and sprinkling streets 29 Franchises for street railroads 6 Printing delinquent tax list 2 Stationery for public offices 3 Supplies in general 1 BILLS (see Ordinances). BOARD OF EDUCATION (see under Schools). BOARD OF ELECTION COMMISSIONERS (see un- der Elections). BOARD OF EQUALIZATION, officers of, etc 2 BOARD OF FIRE COMMISSIONERS (see under Fire Department). BOARD OF FIRE PENSION FUND COMMISSION- ERS (see under Fire Department). BOARD OF FREEHOLDERS, certification, new char- ter BOARD OF HEALTH (see under Health Depart- ment). BOARD OF PARK COMMISSIONERS (See Park Commisisoners). BOARD OF PLAYGROUND COMMISSIONERS (see under head of Playground Commissioners). BOARD OF POLICE COMMISSIONERS (see under Polif^p I3pr)?i rtinPTif' 1 BOARD OF POLICE PENSION FUND COMMIS- SIONERS (see under Police Department). BOARD OF PUBLIC WORKS (see under Public Works). BOARD OF SUPERVISORS (see under Supervisors). BOARDS, DEPARTMENTS, etc., seals for 23 BLOCK, defined 26 Subdivision of 28 BONDS, additional, may be required of officials. ... 5 Bail and appeal 5 Deputies, etc., may be required to give 7 Examination of, by Supervisors 3 Issued for public improvements in certain cases. 29V^ Liability of officers upon fi Official amounts of 2 Official, approved, execution, record of 1 Premium on, to be paid by City and County 2 Public buildings and imi)rovements 29 Public utilities, acquisition of 1-lfi 1 Public works, officers and employes under 4 Public works, contractors under IT) Redemption of outstanding 7 Street improvement may ho issued 29'/^ Supervisors authorized to .soil library bolow par. 10a Sureties on, number of, worth of, etc 3-4 Tax for payment of 12 BOOKS AND RECORDS, open to public 13 Transfer of, when Charter takes effort 12 BOUELEVARDS, doHlgnutPd by SiiporvisorB 2r> Control of by Hoard of Public Works 1 Railroad franchises on fi BOUNDARY, of City and County 2 Page 124 189 118 90 15 22 23 21-22 14 209 10 88 81' 196 58 196 14 202 196 195 195 195 202 69-177 61 66 31 203 175 196 176 199 199 11 63 15 1 214 Index Section or Subdivision Page BUDGET, annual, prepared by Supervisors 3 25 Contents and action on 3 25 Veto of any item by Mayor 4 25 BUILDINGS, construction of, supervision 5 64 Construction and repair of public 6 64 Contracts for lighting public 6 24 Moving, permits for 1 63 Municipal, may be acquired or constructed 29 202 Wooden, restriction within certain limits 5 8 BUREAU OF SUPPLIES, chief of Bureau and em- ployes 38 13 Power and duty of 38 13 Supervisors may establish 38 13 BUSINESS, exemption from license taxes 15 9 C CANDIDATES FOR OFFICE, provisions relative to. 153-160 CARRIAGES, hackney, regulation of CARRIERS, regulation of CARS, danger from, regulations to avoid Permits for running temporarily Regulations of, in streets CENSUS MARSHALS, school CERTIFICATES (see Official Receipts). CHARGES, electric power or lighting, regulation of Fixing of, not otherwise provided CHARTER OF CITY AND COUNTY, approval of by the Legislature Certification of, by Freeholders Publication of Special election upon Supersedes what laws Terms of appointed officers terminate, when.... When, becomes operative When officers first appointed, take office CHIEF ENGINEER FIRE DEPARTMENT (see un- der Fire Department). CHIEF OF POLICE (see under Police Department). CITY AND COUNTY HOSPITAL (see under Hos- pitals). CITY AND COUNTY OF SAN FRANCISCO, Actions for or against Boundary of Charter of Employes of, under Civil Service Liability for damages to persons or property. . . . Municipal corporation, may hold property May receive bequests and gifts Public property and rights of Seal of, in whose custody CITY AND COUNTY SURVEYOR, Succeeded by City Engineer CITY ATTORNEY, actions, briefs, etc., record of. . Assistants and clerks, salaries and qualifications. Board of Education, conduct proceedings for.... Books to be delivered to successor Contracts for Board of Public Works, drawn by. . Devote entire time to duties of office Duties in reference to suits 7 9 7 9 27 11 3 8 27 11 7 117 7 17 17 10 208-209 208-209 208-209 208-209 208-209 36 205 208-209 36 205 4 2 2 1 1 11 182 5 1-3 1 1 1 3 1 7 4 11 65 3 52 5 52 8 117 4 52 21 68 1 51 2 51 Index 215 Section or Subdivision Page CITY ATTORNEY (Continued). Election of, at what time 1 153 Election qualifications, term, salary 1 51 Four-year term for 38a 207 Franchises forfeited, actions to annul 3 40 Legal advice to officers, boards, etc 2 51 Litigation, when may settle 2 51 Police officer on detail in office of 5 52 Recovery of city's money or property 14 37 Shall collect delinquent taxes when 3 49 To approve bonds deposited as security for public funds 2 43-46 CIVIC CENTER, location of 10 20 Supervisors may acquire land for 10 20 Supervisors may authorize erection of auditorium, museum, etc 10 20 Supervisors may exchange land with Library Trustees 10 20 Supervisors may convey land to State for State building 10 20 CITY BOARD OF EXAMINATION, Members of, powers and duties 6 121 CITY ENGINEER (see under Public Works). CITY HALL COMMISSIONERS (see under Public Works). CIVIL SERVICE, appointees, etc., list to be filed.. . 19 185 All pay rolls or demands to be approved by Com- mission 19 185 Auditor not to approve pay rolls or demands until Commission approves 19 185 Appointee not to have salary above his grade... 2 178 Appropriation for 1 178 Appointment of all officers, etc., to be filed with 22 201 Appointments, transfers, etc., notice of 13 184 Charges against employe filed l)y whom 12 183 Commission may employ permanent assistants. . . 17 185 Commissioners may grade and regrade positions of any class 2 178 Commissioners removed how 1 178 Candidates not disqualified on account of sex. ... 9 181 Chief examiner and secretary, duties and salary. 16 184 Classified Civil Service, what constitutes 2 178 Classified service, promotions in 8 181 Commissioners of, appointment of 1 178 Commissioners, annual report of 15 184 Departments governed by this Article 11 182 Disabled employes, how provided for T^^ 180 Deputies, clerks and employes exempt from.... 11 182 Employes of Public Utility taken by City, for one year, retained 11 182 Examinations, practical in character 4 179 Examination, rules, rcgiiiaHons .'! 179 Examinations, public, competitive and free 4 179 Examiners for, may bo ajjpointcd 5 179 Expenses, office rooms, etc 17 185 Grounds for removal 12 183 Laborers appointed by priority of application. ... 5 179 Mechanical trades, applicants how ratnd 5 179 New positions, CommissionerH to give designa- tion 2 178 21(3 Index Section or Subdivision Page CIVIL SERVICE (Continued). Not exceeding three names to be certified for pro- motion 8 181 Not more than three names highest on register to be certified 9 181 Names of candidates stricken from register, whom 10 181 One year's service qualifies without examination, when Offices and departments under Positions, how filled Preference for, what employes Promotions, how provide for Police Department, governs new appointments. . Positions, rules governing Public notice of examinations and rules Public notice of time, etc., for examinations.... Public Offices, Commission may investigate Probation of Candidates Prosecutions for violation of Purposes of, not to be defeated Removal of name from Civil Service register, when Removal, provisions not to apply to public utility employes Registration of successful applicants Removals, suspensions, etc Report annually to Supervisors Special Examiners, pay of Sex to be disregarded, except Suspensions under this Article Treasurer not to pay salaries unless approved by Commission Term of office, salary, qualifications CIVIL SERVICE COMMISSION (see under Civil Service). CLAIMS (see Demands). CLASSIFIED CIVIL SERVICE (see under Civil Serv- ice). CLEANING OF STREETS, Supervisors to regulate and control appliances for Board of Public Works, special charge of Board of Public Works, control of CLERKS (see under appropriate departments). CLERKS, ASSISTANTS, EMPLOYES, GENERALLY (see Deputies). CLERK OF BOARD OF SUPERVISORS (see under Supervisors). CLOSING STREETS (see street opening). COLLECTION, fees, percentage, etc Licenses Tolls for wharfage COMMISSIONERS AND BOARDS (see under appro- priate headings). COMMISSIONS (see Fees). COMMON SCHOOL FTJND (see under Funds). COMMON SEAL, for City and County 23 10 COMPENSATION (see Salaries and Fees). CONDEMNATION, of property for public use 12 9 Private property for street improvement 1 92 11 182 11 182 9 181 11 182 8 181 1 134 9 181 o 179 6 180 14 184 10 181 20 185 18 185 9 181 12 183 7 180 12 183 15 184 17 185 9 181 12 183 19 185 1 178 13 9 29 90 3 63 3 34 15 9 2 104 Index 217 Section or Subdivision Page CONDUITS, franchises for laying 5 15 Board of Public Works, control of 7 64 CONSTRUCTION, of schoolhouses 1 122 Sewer system 22 10 Municipal buildings, etc 29 202 CONTEMPT OF COURT, in Police Court 3 f.7 CONTRACTS, award of 1 21 Auditor to indorse certain 10 27 City work, maximum hours, minimum wages.... 1 21 Countersigned by Clerk of Supervisors Ti 24 Days' labor, Board of Public Works, option of . . . . 9 64 Deposits to be made with bids 1 21 Exceeding $250, subject to restrictions 10 27 Executed by Mayor 5 24 Executed in name of City 5 24 Fire Department, provisions governing 4 141 Let to lowest bidder 1 21 Lighting streets and public buildings 6 24 Official advertising 2 22 Officials not to be interested in 6 19S Parks, provisions governing 4 1 87 Penalty for aiding bidders 4 24 Printing 2 22 Progressive payments on 21 69 Proposals to be advertised "I 21 Proposals to be opened before bidders 1 21 Public work 14-22 66-70 School supplies 2 119 Stationery 3 23 Supplies, bids for separate articles 1 21 Supplies for prisoners 1 21 To be in writing 5 24 COPYING, in County Clerk's office, charges for 3 54 Public records, price of, etc 13 199 COPYISTS, in County Clerk's office 2 54 CORONER, deputies and assistants and salaries 2 50 Duties as prescribed by law 1 49 Election, qualifications, term, salary 1 49 Election of, at what time 1 1'''3 Four-year term for 38a 207 Morgue, to have management of 1 49 CORPORATION STORE YARD, Public Works 32 91 Fire Department 9 140 Materials to be kept in 32 91 Storekeeper appointed for, duties 32 91 COUNSEL, special (see Attorney). COUNTY CLERK, copies, charges of 3 54 Court moneys for Special Deposit Fund 4 31 Deputies, assistants, clerks and their salaries... 2 54 Election of, at what time 1 1 ^'3 Election, term, salary, powers and duties 1 f'4 Four-year term for 38.1 207 Moneys to be paid for Law Library 1 60 Police Court Clerks appointed by 2 54 COUNTY JAILS, Supervisors to maintain, etc 11 9 COURT, .lustlcos' (see .lustices' Court). Police (see Police Court.) Superior (see Ru[)frior C'ourt). CRUELTY TO ANIMALS. Prevention of 19 10 CUSTODY OF PUBLIC MONEYS 34-38 218 Index D Section or Subdivision Page DAMAGES, claims, when presented 8 18 From defective streets 5 2 DEATHS, Board of Health provide registration of.. 4 150 DEFALCATION, public officers, proceedings against 4 15 Suspensions from office for 2 39 DELINQUENT TAXES, publication of 2 22 Taxes, collected by Tax Collector 2 48 When collected, how used 6 31 DEMANDS, against treasury, Auditor's approval. ... 3 41 Approved by Supervisors 19 6 Against treasury, remaining unpaid 6 31 Against treasury, to be specific 7 42 Against treasury, when barred 1 38 Against treasury in any one month 9 26 Approval by proper board before payment 5 42 Approval of, penalty for illegal 11 199 Authority for, to be shown 13 37 Cancellation of 6 47 Common School Fund 10 118 Damages, to whom presented 8 18 Exceeding $200 to be approved by Mayor 19 6 Exceeding $500, resolution to be published five days 19 6 Form of fixed by Supervisors 39 13 Must specify items, date, provisions in Charter. . 5 47 No invalid, to be paid 13 28 Presented to Auditor 7 42 Payment of 1 38 Persons, etc., Indebted to city 6 42 Registration of 8 43 Revival of, when 1 38 Salaries, etc., payable monthly 1 38 Street work, by contractors 12 80 To show what, before Auditor allows 4 42 To be acted upon in order of registration 9 26 DEPARTMENTS (see under separate headings). DEPARTMENT OF ELECTIONS (see Elections). DEPARTMENT OP ELECTRICITY (see under Elec- tricity). DEPARTMENT OF PUBLIC HEALTH (see under Health Department). DEPARTMENT OF PUBLIC WORKS (see Public Works). DEPOSIT OF PUBLIC MONEYS IN BANKS 2 43-46 DEPUTIES (see under appropriate departments). Additional, how provided 35 205 Duties of, as assigned by heads of departments. . 30 204 General qualifications necessary, residence 2 197 Removal of, when and how 21 200 Salaries for actual services only 33 205 DETECTIVES (see under Police Department). DISBURSEMENT OP MONEY, authority of 15 29 By Treasurer only 1 34 Of school moneys 10 118 DISTRICT ATTORNEY, assistants and clerks, sal- aries and qualifications 3 53 Election of, at what time 1 153 Election, qualifications, term and salary 1 52 Four-year term for 38a 207 Index 219 Section or Subdivision DISTRICT ATTORNEY (Continued). General duties, etc., of Police Court, conduct cases in Property levied upon for fines, purchase of Warrant and Bond Clerk, appointment of DOCUMENTS, Supervisors to prescribe method of keeping DRAINAGE AND SEWERS (see Sewers). DUTIES (see under separate boards and officers). 2 2 4 5 41 Page 53 53 53 58 13 EARNINGS OF PUBLIC UTILITIES (disposition of) 12 ELECTION COMMISSIONER (see under Elections). ELECTIONS, governed by general laws of State... 5 Ballots for, provisions relating to 6 Management and control of 1 Municipal, what officers elected at 1 Municipal, when to be held 1 Officers elected under Charter, take office 2 Officers of, to be under Civil Service 4 Officers of, salaries, services 4 Precinct registration, to be provided for 5 Proclamation for municipal 5 Special for issue of bonds, proceedings 4-10 Special, on new Charter Special, upon acquisition public utilities 3-4 ELECTION COMMISSIONERS, Action by initiative of the people 1-10 Action by referendum of the people 3 Action by on recall petition 3-5 Action, amendments by the people 22 Appointed by Mayor, when 1 Appointment of by Mayor 1 Clerical assistants, duties, compensations, etc. 4 Control and management of elections 1 Election of President of, etc 3 Five members to constitute 1 Provisions for precinct registration 5 Qualifications, term, salary, classification of . . 1 To abstain from political acts 2 REGISTRAR OP VOTERS, Abstain from political acts 2 Appointment of, term, salary, duties 3 Duties of 3 (See also Initiative, Referendum and Recall). ELECTRICITY, DEPARTMENT OF, Appointment of assistants, salaries 3 Chief of, qualifications, appointment, salary 2 Connection with the system by citizens 5 Employes of, salaries 3 Fire and Police Departments to control their own systems 4 Fire Alarm and Police Telegraph, in charge of. . 1 Inspection and superviBlon of wires fi Joint commission to control, how constitntr-d. ... 1 ELECTRIC LIGHT AND POWER (see LlRhting). ELECTRIC LIGHT WORKS, arqulsition of 1 27 153 157-159 152 153 153 154 153 153 153 156 170-173 208 169-171 160-164 164-165 165-168 6 152 152 153 152 153 152 153 152 152 152 153 153 14S 148 148 148 148 148 148 148 169 220 Index Section or Subdivision ELECTRIC POWER, charges for, regulation of 7 Franchises for erecting poles or wires 7 Location, quality, rates 13-14 EMERGENCIES, approval of tax by all Supervisors. 13 Extra taxation for, when 13 Schools, cases of 3 EMPLOYES, general rules governing (see Officers). In classified service (see Civil Service). Qualifications generally required 2 Removal of, for cause and after trial 12 EMPLOYMENTS, exempt from licenses 15 ENACTING CLAUSE FOR ORDINANCES 8 EQUALIZATION, Board of 2 ESTIMATES, City's annual expenditures 2 Yearly expenses furnished by boards, etc 1 EXAMINERS, for Civil Service appointments 5 EXECUTION, property levied on, purchase of 34 Of trusts confided to City 30 EXECUTIVE DEPARTMENT (see Mayor, Auditor, Treasurer, Assessor, Tax Collector, Coroner, Recorder). EXEMPT FIREMEN, relief of 36 EXPENDITURES, annual estimates by departments 1 Auditor to prepare estimate of annual 2 Limit of, for school purposes 1 Limit of tax levy for City's 11 Tax levy to contain specific items 3 EXPENSE, definition of, in street work 26 EXPOSITION (see under Panama-Pacific Exposi- tion). EXTENDING STREETS (see Street Opening). Page 17 17 9 28 28 122 178 183 9 4 14 25 25 179 12 12 12 25 25 121-122 27 25 89 FAIR OR EXPOSITION, when permitted in parks.. FARES, power to regulate street railroad FEES, County Clerk, for copies, etc., of records. . . . Deputies, clerks, employes to receive none Official services Percentages, etc., to be paid into treasury Public Administrator's Salaried officers to receive none FELONY, reward for conviction of FINANCE COMMITTEE OF SUPERVISORS, duties Water and Light companies, examination of books FINANCE AND TAXATION (see Taxes and Funds) Department, Auditor the head of FIRE ALARM AND POLICE TELEGRAPH (see un- der Electricity). FIRE ALARM STATION, Supervisors may erect in Jefferson Square FIRE COMMISSIONERS (see under Fire Depart- ment). FIRE DEPARTMENT, appointment of members of. Appointments and dismissals for cause Chief's Operators Civil Service Examinations not to apply to pres- ent members Companies, engine, hook and ladder, tower, etc.. . 6 188 27 11 3 54 2 34 17 10 3 34 1 54 2 34 21 10 3 14 4 15 6a 41 188 1 139 7 140 4 142 1 141 1 143 Index 221 Section or Subdivision Page FIRE DEPARTMENT (Continued). Contracts, provisions governing 4 141 Fines on members, how deducted and applied. ... 8 140 Members disabled, when allowed salaries 3 141 Members killed, pensions to families 5 145 Members to be engaged in no other employment. . 10 141 Members of, may be pensioned when 3-4 144-145 Members of, may be dismissed when 2 141 Officers and employes removed for politics 32 204 Officers and employes to abstain from politics.. 32 204 Qualifications of appointees 6 139 Salary during disability 3 141 Salaries of officers and members 1 147 Supplies, how and when delivered 9 140 Tax levy, to meet all demands of Relief Fund. ... 2 144 To be re-organized, when 1 141 Under management of Fire Commissioners 1 139 Vacations for firemen 2 147 FIRE COMMISSIONERS, Abstain from taking part in politics 32 204 Appointed by Mayor 1 139 Composition of, as to politics 2 139 Contracts, how to be awarded, etc 4 141 Corporation store yard 9 140 Dismissals, when 2 141 Estimate annually amount for relief fund. ... 7 146 Fire Department under management of 1 139 Four members to constitute 1 139 Ineligible to any elective office 31 204 Number and duties of members of Department '> 139 Organization of the Department H 139 Pensions to firemen, when 3 144 Political interference cause for removal 32 204 President and Secretary of, duties, salary... 4 139 Property and money for Department 5 139 Qualifications, term, salary 1-2 139 Those first appointed, classification 2 139 CHIEF ENGINEER, Chief executive officer Department 1 142 Operators for 4 142 Powers and duties of 1-3 142 FIRE MARSHAL, appointment of and assistants 1 143 City not liable for salaries of 1 143 May sell property saved, when 4 143 Powers, duties, salary 1-5 143-144 Report of, when crime suspected 4 143 FIRE PENSION FUND COMMISSIONERS, moot- Ings, records, powers, duties, procoedings. . S-H HO FIREMEN, Indigent, Exempt, appropriations for relief of 3fi 12 FIREMEN'S RELIEF FTTND, Condition of, reported rpiarterly S 14fi Estimate of amount annually required 7 146 Forfeiture of pension 6 146 Moneys to bo paid into 2 144 Payments from 8 146 Pensions Issue, when 3-4 141-145 Pensions to families, when and how 5 145 Under control of Fire CornmissionerH 1 144 FIRE WARDENS, wlio eonstitiito 1 144 222 Index Section or Subdivision Page FISCAL YEAR, budget of amounts estimated 3 25 Commences and ends, when 16 200 Revenues and expenses for each 2 25 FOURTH OF JULY, appropriation for celebration of 18 10 FRANCHISES, existing, when declared forfeited 26 201 Forfeiture of, power to declare 6 15 Forfeited, how revoked or annulled 3 40 Lighting purposes or electric power 7 17 No exclusive, to be granted 5 15 Officers prohibited from being interested in 6 198 Ordinances granting, before final action 12 5 Postponement of final action for vote of people ... 3 40 Steam railroads, power to grant 28 11 Street railroads, term of, etc 6 15 Time required before renewed 12 5 FOR STREET RAILROADS, General conditions 6 15 Bids may be rejected 6 15 Extension or renewal of 6 15 Highest bidder to receive 6 15 Percentage paid to the City 6 15 Roads owned by City at expiration of 6 15 Additional conditions to be imposed 7a 32 City may purchase 7a 32 Wages and hours of employes 7b 33 Penalty for failure to comply with conditions 7c 33 FREEHOLDERS, Board of, Certification of Charter. 208 FUNDED DEBT OF CITY, liquidation of 2 30 FUNDS, accounts of each, kept separate 2 43 Balance of any fund ceasing to exist 38 207 Balances remaining in existing 37 206 Contingent, $3,600 annually for Mayor 35 12 Deposit of moneys in banks 2 43-46 Earnings of utilities to be transferred to certain. 16 177 Moneys remaining in certain 5 31 No transfer from one to another 1 29 Provision for, from January to June 30, 1900 37 206 Redeeming bonds for construction of buildings. 29 202 Special, for drainage purposes 22 10 Surplus in certain, to pay outstanding bonds 7 31 Transfer of old to new 37 206 When cease to exist 38 207 COMMON SCHOOL FUND, Amount segregated annually for salaries 9 117 Consists of what 2 122 Demands against, how paid 10 118 Demands, approved by Board of Education. . . 13 37 Emergency, additional funds 3 122 Limit of tax for 2 122 Money from bequests or sales of property. ... 12 118 Regulations for disbursement of 9 117 Repairs of schoolhouses paid out of 2 123 Residue from, not to go to Surplus 16 29 Teachers' salaries to be paid from 9 117 GENERAL FUND, Consists of what 2 30 Money received from franchises to go into.. 6 15 Payments out of 37 206 Street improvement, what expenses paid 8 76 Tearing up streets, expense of deposited in. . . 9 64 Transfer of what previous funds to 37 206 Index 223 Section or Subdivision Page FUNDS (Continued). LIBRARY FUND, Consists of wtiat 2 30 How created and applied 2-3 124 Payment upon, how ordered 5 124 Used for what purposes 2 30 PARK FUND, Consists of what 2 30 Used for what purposes 2 30 SINKING FUNDS, Disposition of accumulated moneys in 7 31 Existing, to continue how long 2 30 Provision for 7 31 SPECIAL DEPOSIT FTJND, Used for what purposes 4 31 SURPLUS FUND, Consists of what 3 30 Used for what purposes 1-2-3 30 UNAPPORTIONED FEE FUND, Consists of what 4 34 GARBAGE, Board of Public Works to dispose of 7 64 GAS, light and power, regulation of 13 9 Pipes, power to regulate 13 9 Quality of, power to regulate 13 9 Rates, Supervisors to fix yearly 14 9 Works, estimate of, for what purpose made 1 169 Plans and estimate of cost for acquisition of... . 1 169 Provision for acquisition of 169-177 GENERAL FUND (see under Funds). GENERAL LAWS OF STATE. To govern all municipal elections 5 153 GIFTS, for positions debars from office 7 198 To public officers prohibited 8 198 GOLDEN GATE PARK (see Park Commissioners). GRADES, change of, proceedings relating to 1-16 104-111 GROUNDS, public (see under Park Commissioners). H HARBORS AND WHARVES, Built and repaired by Board of Public Works... May be leased, but not sold Tolls for wharfage and dockage Under control of Supervisors HEALTH DEPARTMENT, General powers to regulate Police officers are also health officers ^ Under management of Board of Health BOARD OF HEALTH, Appointments of physicians for City Hospital Appointment of, all under Civil Service Employes of, number, liow dc'tcMiiiined Seven members appointed l)y Mayor Internes for City Hospital, appointed by Officers and employes. a|)i>oint(ul by Powers and duties of 1 104 2 104 2 104 1 104 1 7 3 132 1 14:> C-7 ir>o r. 150 11 151 1 149 u 150 f) 150 3-4 149-150 224 Index HEALTH DEPARTMENT (Continued). Qualifications of members of Registration of births, deaths, etc... Rules and regulations adopted by. . . . Salaries of officers and employes.... Serve without compensation Term of office of, seven years Seven members to constitute Ward in City Hospital for inebriates. HOSPITALS, regulation and maintenance of CITY AND COUNTY, Internes may be appointed for Medical students given facilities in.. Resident physician for Under charge of Board of Health. . . . Visiting physicians and surgeons for. Ward in, for treatment of inebriates. . RECEIVING, In charge of Board of Health HOURS OF LABOR, power to regulate Section or Subdivision Page 1 149 4 150 1 149 10 151 1 149 2 149 1 149 8 150 11 9 9 150 7 150 6 150 3 149 7 150 8 150 3 149 24 11 I IMPROVEMENT, definition of in street work 26 88 IMPROVEMENTS, how provided, when exceed rev- enue of City 29 202 INDEBTEDNESS (see under Bonds). INDIGENT, Exempt Firemen, relief of 36 12 INITIATIVE, passage of ordinances by 1-16 160-164 INSANE, temporary detention of 10 9 INTERNES, for City Hospital 9 150 INTERPRETERS, appointment Superior Court 1 51 Coroner's juries examinations 1 51 Salaries limit of 20 10 Superior and Police Courts 20 10 JAILS, power to provide and maintain JOINT CUSTODY SAFE JUDICIAL OR LEGAL DEPARTMENT (see sep- arate offices). JUDGES (see Justices' Court and Police Court). Superior Court, Reporters for Interpreters for, payment of Interpreters for, when may be appointed JUSTICES' COURT, chief clerk, salary Deputies, their salaries Election of, at what time JUSTICES OF THE PEACE (see Justices' Court). 11 9 3 46 2 51 20 10 1 51 1 55 1 55 1 153 LABOR, hours and wages, public laborers Application for, by priority of registration Minimum of wages in execution of contracts. . . . Wages of laborers under street railroad fran- chises 24 11 5 179 1 21 7b 33 Index 225 Section or Subdivision LANDS, City and County may be leased 32 Condemnations of, for new streets 1-19 Condemnation of, lor sewers 9 Conveyance of certain, of the City 29 Park Commissioners control what 1 Purchase of, for school purposes 3 Purchase of for tunnels, etc 2 Sale of, proceedings for 9 LAW LIBRARY, act of, continued in force 1 Provision for maintenance of 1 LAWS, power of Supervisors to enact local 1 LEASE, lands for school purposes 6 Power to, lands of City 32 Public parks, part of, restrictions 6 School real property not needed 11 Upon expiration of railroad franchise 7 Wharves, provision for 2 LEGAL ADVICE, City Attorney to all departments. 2 District Attorney's duty to give certain officers. . 2 LEGAL DEPARTMENT (see under separate head- ings). LEGISLATIVE ACTS OF CITY, by ordinance 8 LEGISLATIVE DEPARTMENT (see Supervisors). LEVYING OF TAXES (see Taxes). LIABILITIES, for injuries from defective streets... 5 Not to exceed monthly proportion 9 Not to exceed revenue for year 6 Not to be paid from funds of another year 13 LIBRARY, books and publications, purchase 4 Bequests, etc., in aid of 3 City property may be used for, when 7 Fund (see under Funds). Library Fund, payment out of 5 Managed by twelve trustees 1 Meetings and proceedings B Powers and duties of assistants prescribed 5 President, librarian and secretary 5 Rules, regulations of library and branches 1 Salaries of assistants 6 Tax levy for, and branches 2 Trust for, administration 3 Trustees of, continued in office 1 Trustees to serve without salary 1 Vacancy in Board of Trustees, how filled I LICENSES, collection of, by Tax Collector 2 Examination of, by Tax Colloctor 4 Revocation of, by Tax Collector, wlion 4 Supervisors to provide for collection of !& Tax Collector to make monthly reports on B What may be licensed lf> LIGHTING, appliances, location and quality of 1^5 Charges for, regulation of 7 Companies, books experted by Supervisors 4 Franchises for erecting poles or wires 7 Public offices, bills for <• Rates to be est'iblished for 14 Regulation of ' "I Streets and public buildings, contracts for <» Streets under contract Hoard of Public Works.. 3 Under charge Board of Public Works ^ Page 12 92-101 103 11 186 123 112 18 60 60 7 116 12 187 118 17 104 51 53 2 26 26 28 124 124 125 124 123 124 124 124 123 125 124 124 123 123 123 48 49 49 9 49 9 9 17 15 17 24 9 9 24 03 63 22G Index Section or Subdivision Page LIMIT OF TAXATION, City and County purposes. 11 27 LIMITS, erection wooden buildings 5 8 LIQUOR, Police Commisisoners may grant permits. 3 127 LOST OR STOLEN PROPERTY (see Property). M MAYOR, acquisition public utilities 3 169 Acting Mayor, provision for 6 40 Additional deputies, etc., may recommend, when 35 205 Appointment of deputies and their salaries 1 39 Appointment officers not otherwise specified.... 4 40 Appointment under new Charter, when 36 205 Approve or veto ordinances 16 5 Audit Auditor's salary 13 37 Board of Education, appointment 1 115 Board of Health, appointment of seven members 1 149 Board of Public Works, appointment 1 61 Chief executive officer of City 1 39 Civil Service Commissioners, appointment 1 178 Contingent fund of $3,600 annually 35 12 Contracts to be executed by 5 24 Contracts to be supervised by 3 40 Defaulting officers, action of 2 39 Disability of, who to act as Mayor 6 40 Duties of in connection with deposit of public funds 2 43-46 Election Commissioners, appointment of 1 152 Election, qualifications, term, salary 1 39 Election of, at what time 1 153 Employes, removal of, when 3 40 Employes to notify of violation of contract; pen- alty 3 40 Ex-Mayors entitled to seat with Supervisors 2 3 Extra sessions of Supervisors, may call 5 40 Fire Commissioners, appointment of 1 139 Four-year term for 38a 207 Franchises, annulling of, action of 3 40 Franchises, postponed for final action 3 40 General duties and supervision of municipality.. 2 39 Military aid, may call for, when 2 39 Official bonds of officers, action of 3 14 Park Commissioners, appointment 3 186 Parts of ordinances, objection to 14 5 Play Ground Commissioners, appointment of..,. 2 192 Police Commissioners, appointment 1 126 President of the Board of Supervisors 5 40 Presiding officer Board of Supervisors 5 4 Proclamation for municipal elections 5 156 Removal or suspension of public officers, when. 18-19 200 Removal of appointed officers 18-20 200 Suspension of officers in certain cases 2 39 Suspension of officers, when 3 14 Tax limit, approved suspension of, when 13 28 Trustee Free Library and Reading Rooms 1 123 Vacancy in office of, how filled 6 40 Veto annual budget, how and when 4 25 MEMORIAL DAY, appropriation for celebration of. 18 10 MILITARY AID, may be summoned, when 2 39 Index 227 MISCELLANEOUS PROVISIONS OF CHARTER.. MONEYS, accounts, investigation of by Supervisors All to be deposited daily in treasury Auditor's approval for payment of Auditor's warrant necessary to draw Bail, accounting of Collections of, paid into treasury Gold and silver, how to be kept Outstandng bonds, for liquidation of Remaining in certain funds, disposition of Street railway franchise, disposition of To be drawn by appropriations, how MORGUE, Coroner to control and manage Provision for by Supervisors MUNICIPAL ELECTIONS (see Elections). MUSEUM AND ART GALLERY IN PARK Section or Subdivisior 1 Pape 197-208 3-4 14 17 200 3 41 6 26 5 58 1 34 3 46 7 31 5 31 6 15 6-7 26 1 49 9 9 11 190 N NEGLECT OF DUTY, suspension from office for. . . NEW CITY HALL COMMISSIONERS (see Board of Public Works). NEWSPAPER, all publications to be in official Official to be designated NOTICE, Application for street railroad franchise Appointment of arbitrators by Mayor Award of contract by Board of Public Works, posted and published five days Appeal from street assessment, published five days Assessment on opening, etc., of streets Assessment for repaving on change of grade. . . . Appointments to Civil Service Board of Public Works, by Secretary to post and publish all notices Board of Public Works special meetings By appointing officer to Civil Service Commission Change of grade, to be posted Contract for public work to be posted and pub- lished five days Closing of streets, application to be published... Census Marshals, appointment of Completion of school house Creation or abolition of position, to Civil Service Commissioners Defective street, what to contain Examination by Civil Service Commission For proposals for supplies, to contain what Heads of Departments to Civil Service Commis- sion Hearing on sale of certain lands Improvement of fltreets, posted along streets, states what Improvfmont of Htreets. posted five days, pub- lished ton days In writing, served by whom Objections to change of grade, by mail Objertions to street Iini)rf)vr'montB, by mail 30 25 201 2 22 6 15 7a 32 17 67 14 82 13 97 12 109 13 184 6 62 5 62 10 181 1 101 14 66 27 89 7 117 1 122 13 184 5 2 6 180 1 21 9 181 9 18 3 71 »> 71 22 87 8 107 5 74 228 Index Section or Subdivision Page NOTICP] (Continued). Opening, etc., of streets, posting of 3 93 Objections to opening, etc., of streets, mail post- age prepaid 4 94 Owners may do work within ten days after post- ing of 19 68 Payment of damages, change of grade 13 110 Paving between railroad tracks, ten days in Nvriting 24 87 Private sale of certain lands, two weeks 9 18 Proposals for cleaning and sprinkling streets, ten days 29 90 Proposals for public work, to contain what 15 66 Proposals for subsistence of prisoners, to contain what 1 21 Proposals for supplies, quantity and manner of delivery 3 23 Protestants to improvement of streets, to be mailed 4 73 Public sale of certain city lands, three weeks. ... 9 18 Published in Official Newspaper 26 88 Removal of appointed officer 20 200 Repair of school house 2 123 Repairs to streets, written to owner, for five days 16 84 Repairs to streets, contents for, to be posted three days, to specify what 16 84 Repaving, to be posted, on change of grade 9 107 Repaving, awards of contract, on change of grade 9 108 Report on change of grade 7 107 Report on opening, etc., of streets 10 96 Sale of unclaimed property 3 133 Suspension of elected officer 19 200 To be personally posted or served, how 26 88 To owner, to whom damages awarded 15 100 Trial of police officer 3 132 To Citv Attorney by Auditor, as to money due City 14 37 To pay money due City within twenty days 14 37 To Mayor of violation of contract, with city. ... 3 40 Treasurer to send bank before sale of bonds held as security 2 45 When bids rejected ; . 5 24 NUISANCES, abatement and removal of 6 8 Abatement of, by Board of Health 4 150 OATHS, clerk of Supervisors to administer 7 4 All officers may administer 24 201 OFFICE HOURS, of public officers 14 199 OFFICERS (see under appropriate titles). Absence from State, limitation on 3 197 Accounts of, investigated by whom 3 14 Additional deputies, provisions for 35 205 Annual reports to the Mayor 9 199 Apointments of, to be in duplicate 22 201 Appointed, when and how removed 18-20 200 Books, etc., to be delivered to successors 12 199 Books of, open to inspection 13 199 Index 229 Section or Subdivision Page OFFICERS (Continued). Bonds of, to be given i i»^ Classification of, filing of records ^^ '^"i Compensation limited to salaries only 2 ^4 Compensation for position, etc., not allowed 7 198 Copies of records, etc., price for certified 13 199 Defalcations or misdemeanors, proceedings 4 15 Default of, actions regarding 14 37 Employes of, number, how limited 5 i r -> j «« Election and Nomination of 1-12 l^-*'!^" Election of, when take office 2 154 Eligibility for public 1^ ^»» Experts, when ^ ^; ' Fees, etc., to be paid into treasury ^ ^* Gratuities penalty for accepting » 1^° Liability of, for illegal payments 11 i»» Mileage fees, etc., report of 11 ^^ Monthly reports of all official receipts 9 ^o Moneys collected by, to be paid into treasury 1 34 Not to hold other salaried offices 4 197 Oaths, power to administer 24 ^01 Office hours 14 199 Official seals for, to be provided 23 10 Penalty against, for false certifying 4 ^4 Penalty for favoring bidders 4 ^4 Penalty for interest in contracts, etc fi 198 Penalty for not depositing funds collected 17 ^00 Penalty for holding two salaried offices 4 197 Recall of elected 1-1 J ^ iq? Residing outside City, when ^ :^ » ' Residence for one year required ^ 19/ Removal of deputies of, when and how 21 ^uu Salary withheld from, for not making returns. . . 6 42 Supervision of official conduct of. by Mayor - 3 J Supplies for, how limited • • • •' 1 J° Stationery for, not to contain printed names of . . 3 ^6 Suspension of ^ _q Suspension of, by Mayor, when ^ J^ Suspension and removal of l«-i» ^"" Terms of, after Charter takes effect 36 ^05 Vacancies in office of 1" ^^ Violation of duty, report to Mayor 3 -Ju OFFICIAL NEWSPAPER (see Newspaper). OFFICIAL RECEIPTS, consist of what 6-7 vi-> Action upon, etc 8-l« 35-36 Auditor to furnish » '^^ Official reports, annual of each department J^ 'l*^ ONE-TWELFTH ACT, reference to 9 ^^ OPENING OF STREETS (see Public Works). ORDINANCES, acquisition of municipal buildings.. 29 202 Amendment and re-enactment of lO 4 Approval of Mayor, how valid without '« J" Board of Public Works, have control under 9 b.< By petition of electors (Initiative) MJ IJO-JJl By petition, how repealed f Rr-frrondum) i--» ^^^'^^'^ Citation of, in presenting domands i3 Al Closing of Streets ^7 »^ Condemnation of private property -^ '"-^ Construction of sewers |l ' "•: Deposited with Clerk of Supervisors " ' " 230 Index ORDINANCES (Continued). Enacting clause of Existing in force under new Charter Pinal passage of Final vote of ayes and noes Franchises, granting before final action Franchises for street railways Government of parks, squares and grounds.. Health, enforced by Board of Health Improvement of streets Lease of City lands Lease of railroad franchises Legislative acts of the city Majority of Supervisors necessary to adopt. . Mayor to enforce Mayor may object to a part of Must be presented to Mayor for approval. . . Park Commissioners may pass certain Publication of all Publication of certain Repeal of Repeal of, for street improvements Revival of claims Special elections for issue of bonds Supervisors' power to pass Suspension tax limit, approval Supervisors. Title of to embrace entire subject Violation of, jurisdiction Police Court Violation of, penalties for When to take effect OUTSIDE LANDS, what constitute PANAMA-PACIFIC EXPOSITION, bonds in aid of may be issued Bonds in aid of not within debt limit Control within site of exposition May close certain streets for May use portion of Golden Gate Park May use certain school lots Supervisors to pass ordinances for Use of Lobos Square temporarily PARK COMMISSIONERS, appointed by Mayor.... Academy of Sciences may erect museum in Park Appointment of superintendents, surveyors, en- gineers, etc Appropriations for parks, etc., to be expended by Bequests and donations for parks Classification of Contracts, provisions to govern Exclusive control of parks, squares Fair or exposition, when may be permitted Lands under control of Lands may be set apart for playgrounds Lease of plot for State of California Lease of any part of parks, restriction upon Museum and Art Gallery, under control of Number of members of Ordinances for park government, adopted by. . . . Section or Subdivision Page 8 4 28 202 12 5 9 4 12 5 6 15 5 187 4 150 27 89 32 12 7 17 8 4 9 4 2 39 14 5 16 5 5 187 2 22 13 5 18 6 27 202 1 38 7-8 17 2-173 1 7 13 28 11 4 2 56 16 10 15 5 1 186 29a 203 9 173 37 12 20 102 1 186 6 116 37 12 13 191 3 186 12 190 6 187 6 187 8 189 3 186 4 187 6 187 6 187 1 186 9 194 9 189 6 187 6 187 3 186 5 187 Index 231 Section or Subdivision Page PARK COMMISSIONERS (Continued). Panama-Pacific Exposition may use part of 1 Park F\ind, consists of what 2 Park Fund, used for what purposes 2 Park Police 7 Park funds, disbursements of 6 Place of detention for persons arrested 7 Present Commissioners succeeded by 2 President and Secretary of 4 Salaries of employes, to be fixed by 6 Street sweepings for benefit of parks 4 Tax for support of public parks 11 Term of office of, four years 3 To receive no compensation 3 Works of art, acceptance and location of 10 PAVEMENT, patent, prohibited 26 PAYMENT OF CLAIMS 1 PENSIONS (see Firemen's Relief Fund). (See Police Relief and Pension Fund). PERCENTAGE, electric power or lighting returns.. 7 Receipts from franchises granted upon condition 6-7 PERMITS, Pawnbrokers, peddlers, etc 7 Sale of liquors less than quart 3 PETITIONS, by electors( Initiative) 1-16 Lease of railroad franchises, submission to vote. 7 PIPES, laying in streets. Board of Public Works 1 PLANNING COMMISSION, Supervisors to provide for and prescribe duties 42 PLAYGROUNDS, management of MO PLAYGROUND COMMISSIONERS. Appointment of by Mayor 2 Donations, may receive G Organization of 3 Police detail for 7 Powers of 5 Rules of 4 Secretary of, duties of 10 Terms and fiualifications of '2 POLES AND WIRES, light or power transmission. . 7 PHYSICIANS AND SURGEONS, City Hospital 0-7 POLICE COMMISSIONERS (see under Police Dept). POLICE COURT. Attorneys practicing in, must be qualified 16 liondsmen In actions in 7 (Calendar of arrests for 13 (Mfirks, appointment, salaries 2 Clerks, duties 10 Concurrent jurisdiction with Superior Court. ... 2 Contempt of Court, in 3 County Clerk, to act as clerk of 1 Creation of 1 Demurrers to complaint 4 Dismissal of cases restricted 1 District Attorney to prosecute all actions in.... 2 District Attorney to conduct caseH in 4 Divided into departments 1 Election, qnalifications, terms, salaries 1 Exclusive jurisdiction of what. 2 Four judges to constitute 1 Judges, election of, at what time 1 186 30 30 189 187 189 186 187 187 8 190 186 186 189 88 38 17 in-18 130 127 160-164 17 63 14 192-194 192 193 192 193 193 192 194 192 17 150 60 57 59 54 59 56 57 54 56 57 57 63 58 56 56 56 56 153 232 Index Section or Subdivision Page POUCE COURT (Continued). Judges, powers equal to Justices of Peace 2 56 Judges, term of those elected in 1898 17 60 Jurisdiction of 2 56 Justices of Peace may preside in, when 12 59 Papers on appeal, how served 9 57 Police officers to attend as bailiffs 14 60 Presiding judge of 1 56 Prosecuting attorneys for 4 58 Regulations by judges 15 60 Right of appeal, when lost to defendant 2 57 Rules to govern proceedings 3 57 Seal of 23 10 Statement on appeal, Judge to settle 2 57 Stenographers, appointment, compensation, etc. . . 11 69 Trial of cases, in what order 5 57 Trial of cases, prompt and speedy 6 57 WARRANT AND BOND CLERK. Appointment of and duties 5 58 Authority to issue bail bond 5 58 Deputies and salaries 5 58 Penalty for not keeping office open 7 59 Penalty for receiving bail money by others.. 8 59 Office of, to be kept open continuously 5 58 Release of prisoners, contempt 6 58 Release of prisoners, power 5 58 Subject to order of Police Judges, when 6 58 POLICE DEPARTMENT. Appointments regardless of politics or religion. . 3 126 Civil service to govern new appointees only 1 134 Consists of what 1 126 Dismissals, trial how conducted 3 132 Fines, limit to amount 2 132 Matrons, appointment of 6 128 Members of, qualifications, age, character 3 126 Officer detailed for City Attorney's office 5 52 Officers and employes to abstain from politics... 32 204 Organization of 1-2-3 126 Penalty for political interference 32 204 Power to investigate matters in department 8 128 Property as evidence 4 134 Present members continued 1 134 Promotions, how made 1 132 Rewards for heroic conduct 8 136 Shall search and keep property of prisoners 2 132 Tenure of office during good behavior 2 126 SUBORDINATE OFFICERS OF 1-6 131 Captains, number, duties 2 131 Corporals, number, duties 5 131 Detective sergeants, number, salaries, duties 6 131 Lieutenants, number, duties 3 131 Sergeants, number, duties 4 131 POLICE COMMISSIONERS, Appointment, dismissal of members of Dept. 1 126 Appointment of Chief of Police 1 126 Appointment of surgeon, salary 7 128 Appointed by Mayor 1 126 Classification of 2 126 Pour Commisioners to constitute Board 1 126 General powers of 1-7 127-129 Index 233 Section or Subdivision Page POLICE DEPARTMENT (Continued). Ineligible to any elective office, when 31 204 Management of department 1 126 Must abstain from party politics 32 204 Permit for certain sales of liquor 3 127 Political interference, cause of removal 32 204 Present Commissioners, succeeded by 3 127 President, Secretarj^ duties, proceedings... 4 127 Qualifications, term, salary 1-2 126 Restriction as to political party 2 126 Rules and regulations for government 2 127 Special officers, appointment of, when 4 128 Unclaimed property, care and sale of 5 128 CHIEF OF POLICE, Appointment, term, salary 1 129 Calendar of arrests 13 59 Control, manage and direct police force 1 129 Detectives, detail, number, salary, etc 6 131 Execution of laws and process 3 130 Fund for contingent expenses 6 130 Office books and regulations 4 130 Parks, squares and grounds, detail 7 189 Pawnbrokers, peddlers, etc., supervision over 7 130 Playgrounds, detail for 7 193 Police Court, detail to attend n 130 Powers and general duties of 1-7 129-130 Powers of Sheriff, when 2 129 Subpoenas, detail to serve 24 201 Suspension temporarily of policemen 1 129 POLICE FORCE, Appointment, present and future 1 132 Command of, by Mayor in certain cases 2 39 Health officers by virtue of office 3 132 Parks and public grounds 7 189 Places of amusement, etc 12 137 Proportion to inhabitants 1 132 POLICE RELIEF AND PENSION FUND, Aged and infirm, retirement 2 134 Annual report of, by Auditor 13 138 Commissioners of 9-10 136-137 Condition of, reported quarterly 9 136 Death of member, return of certain amount. 6 136 Deficiency, how provided for 13 138 Disabled members, when may he pensioned. . 2-3 134-13.') Estimate of amount annually required 7 136 Moneys to be paid into 11 137 Payments from 9 136 Pensions issued, when 2-3 1 34-13r) Pensions to families, when and how 4-F) 135-136 Proceeds from sale of certain property 3 137 Surplus of, how ai)i»lind annually 13 138 Treasurer retain %2 monthly for 137 Trustees of, to be Police Commissioners.... 1 134 POLICE .7UDCES (see Police Court). POLICE LAWS, power to make and enforro 1 7 POLICEMEN rsee undfr Pnlicp Df-partmrnt ). POLICE OFFICERS fsee under Police Department). POLICE RELIEF AND PENSION FUND (see under Police Department). POUND, public, regulation of 8 9 234 Index Section or Subdivision Page POWERS OF OFFICERS (see under separate of- ficers). PRECINCT REGISTRATION 5 153 PRINTING, contracts for 3 23 Delinquent Tax List 2 22 PROCLAMATIONS, municipal elections 5 156 PROGRESSIVE PAYMENTS may be made on con- tracts 21 69 PROMOTIONS, based upon merit, service, etc 8 181 PROPERTY, levied upon may be purchased, when. . 34 12 Personal of city, may be sold 33 12 Power to condemn 12 9 Valuable, taken, to be deposited with Treasurer. 5 134 Vested in City and County 3-4 2 UNCLAIMED OR STOLEN, May be returned to accused, when 2 133 May be sold, when 3 133 Property clerk have custody of 1 133 PROPERTY CLERK, appointment of, and salary.. 5 130 Custody of certain property 1 133 Money to be returned to accused, when 2 133 Valuable property to be deposited 5 134 PROPOSALS (see also Contracts). F^re Department, provisions governing 4 141 Penalty for collusion 18 68 Public work 15-17 66-67 Supplies, stationery, drugs, etc 1 21 PUBLIC ADMINISTRATOR, Moneys of, for Special Deposit Fund 4 31 Election of, at what time 1 153 Election, term, compensation, powers, etc 1 54 Four-year term for 38a 207 PUBLIC LANDS (see under Lands). PUBLIC MONEYS (see under Moneys). PUBLIC PROPERTY (see under Property). PUBLIC BUILDINGS, Cleaning of, by Board of Public Works 4 64 Construction of, when exceeds revenue of City.. 29 202 Lighting of 6 24 PUBLIC INSTITUTIONS (see under appropriate titles). Supplies, drugs, subsistence, etc 1 21 PUBLIC LIBRARY AND READING ROOMS (see under Library). PUBLIC SCHOOLS (see Schools). PUBLIC UTILITIES, Accounts of, books to be kept 3 177 Acquisition of lands for water works 15 176 Acquisition of, submission by Mayor to people... 4 170 Acquisition of, submission to vote of people 3 169 Acquisition of, utilities contemplated 1 169 Board of Public Works control and superintend. . 8 64 Bonds, issue of, proceedings 5-15 171-176 Earnings of, disposition of 12 27 Estimates for, procured through City Engineer. . 1 169 Lease or sale of, submission to people 1 164 Neglect of Supervisors to carry out provisions. . . 13 176 Petition for acquisition of 3 169 Power to acquire 14 176 Receipts from, accounting of, used how 16 177 Index 235 Section or Subdivision Page PUBLIC UTILITIES (Continued). Sale of existing, to be considered 2 169 Tax levy to meet interest and principal 12 176 When cost can be paid out of annual revenue. . . 4 170 When cost exceeds annual revenue 4 170 PUBLIC WORKS, Penalty for collusion in bids for work 18 68 Opening and awarding bids for work 17 67 Regulations, of proposals for work 16 66 Under charge of three Commissioners 1 61 Work to be let, how 14 66 BOARD OF PUBLIC WORKS, Acceptance of work by 22 70 Appointment of City Engineer 11 65 Appointment of head for each department. . . 13 66 Advertisement for proposals for public work. 15 66 Appointments of. Secretary, etc 3 61 Appointed by Mayor 1 61 Bids for public work, receipt and award of . . 17 67 Collection of expenses of street repair 9 64 Commissioners, restriction upon occupation. . 1 61 Contracts for unfinished work, reletting of . . . 20 68 Contract must exempt City of liability 22 70 Custody, of maps, surveys, contracts, etc 8 62 Data, plans, estimates to be furnished by. ... 10 65 Employes, compensation, duties, bonds 3-4 61 Excavating streets, permits for 9 64 Expenses of, year ending June 30, 1900 37 206 Garbage, disposal of 7 64 General superintendence of what 9 63-64 Issue certificate to contractor 22 70 Meetings of, etc., to be public 5 62 Penalty for collusion of bidders 18 68 Powers to regulate, what 9 63 President of Board 2 61 Proposals for public work, details of 16 66 Public buildings, cleaning of 4 64 Public utilities, present and future 8 64 Qualifications, salary, terms 1 61 Record of contracts and proceedings 6 62 Records same validity as other records 21 87 Secretary of, duties 6 62 Succeed certain officers 7 62 Superintendents, engineers, employes 3 61 Wires, pipes, conduits 7 64 CITY ENGINEER, Appointed by Board of Public Works 11 65 Fees of, to be paid into treasury 12 65 Powers and duties 11-12 65 STREETS, Acceptance of, when pavnd and Improved... 23 87 Appeal from assf'ssmcmt for imi)rovoiiH'iits. . 14 82 Applications for improvciufuls, action upon. 2 70 Assessments, appeal to Supervisorfl 11 82 Assessments for work, collcclion of 1'! 81 Assessments for improvement restricted.... S 76 Assessments, how made in special cases. ... 10 80 Assessments not to exceed certain amount.. 8 76 Assessments, returns upon warrants 13 81 Assessments to be authenticated 11 80 236 Index Section or Subdivision Page STREETS (Continued). Assessments, warrants for 12 80-81 Assessments, when contractor may sue for. . 15 83 Certificate of sales of delinquent property on assessments 14 97 Closing of, action necessary 27 89 Closing of, proceedings for 1-19 92-101 Closing of, for Panama-Pacific Exposition. .. . 20 102 Completion of work, action thereon 6-7 75 Completion of work, affidavit of contractor. . 6 75 Completion of work, assessments upon 7 75 Cost of improvements payable in ten annual installments 33 91 Crossings, etc., work, how assessed 2 70 Deed for delinquent property on assessment. 14 97 Definitions: expense, paved, etc 26 88-89 Definitions: street, block, improvement 26 88-89 Delinquent property on assessment 14 97 Excavation of, permits for 9 64 Expense of improvements of, how borne.... 8 76 Extending of, proceedings for 1-19 92-101 General superintendence of 9 63 Grade of, changing, proceedings for 1-16 104-111 Improvements chargeable upon districts 5 74 Improvements paid for by the City 2 70 Improvements of, having railroad tracks on. . 7 75 Materials for, Corporation Store Yard 32 91 Materials for, proposals 31 91 Money from sale of delinquent property paid to Treasurer 14 97 Objections of property owners to work on.. 4 72-74 Opening, etc., power of Supervisors, concern- ing 1 92 Opening, etc., assessments, district 7 95 Opening, etc., payment of damages 15 100 Opening, etc., plat of district 7 95 Opening, etc., objections of property owners 5 94 Opening, etc., objections, appeal, etc 5 94 Opening, etc., publication of notice of assess- ment 13 97 Opening, etc., proceedings for condemnation 16 100 Opening, etc., proceedings 1-19 92-101 Opening, etc., duties of Board of Public Works 6 94 Opening, etc., resolution of intention....... 2-3 93 Opening new, regulations governing 1-19 92-101 Opening, etc., of, costs may be paid in ten yearly installments 1 93 Opening, etc., of, one or more under one pro- ceeding 1 92 Opening, closing, excavating, grading, etc. (see under Public Works). Ordinances for improving, when repealed.. 27 202 Patented pavement, not to be used, when .... 26 88 Preference to hand sweeping 29 90 Proceedings in improvements of 3 71 Proceedings for sale of delinquent property on assessment 14 97 Property owners may improve, when 4 72 Property owners may improve, when 19 68 hidex 237 Section or Subdivision Page STREETS (Continued). Publication of list of delinquent property on assessment 14 97 Publication of notices for improvement of . . . 3 71 Railroad spur tracks upon 3 8 Redemption of delinquent property on assess- ment 14 97 Regulation of poles, tracks, wires, etc 1 63 Repair of, collection of expense 9 64 Repairs on streets not accepted 16-17 84-86 Resolution of intention, action upon 27 89 Sewers and drains, permits for connections. . 4 102 Sewers and drains, public and private 3-6 102-103 Sewers, drains, etc., construction, etc 2 102 Straightening of, proceedings for 1-19 92-101 Sweeping and sprinkling of 29 90 Urgent repairs upon 30 90 Validity of records 21 87 What are public 1 70 When City is liable for injury on 5 2 Widening of, proceedings for 1-19 92-101 Width of, at least 40 feet 28 89 PUBLICATION, advertisements for bids for paper and printing, state what 3 23 Advertisement for public work to contain, what. . 15 66 Affidavit of publisher of official newspaper 26 88 Amended bill or resolution, five days 13 5 Application for street railroad franchise, ten days 6 15 Appeal from street assessment, five days 14 82 Award of contract, five days 17 67 Bills and resolutions, five days 13 5 Bonded indebtedness, ordinance for, ten days... 8 173 Bond election, fourteen days 8 173 Bonds, redemption of outstanding, thirty days... 7 31 Bonds, sale of 10 173 By Treasurer, ten days before sale of bonds held as security 2 43 Charter in two daily newspapers 208 Closing of streets, notice to be published 27 89 Contracts for public work, five days 14 66 Delinquent assessment on change of grade 12 109 For new contracts in case of collusion 18 68 Grades, change of, ten days 1 104 Leasing of school property, notice of, sixty days. . 11 118 Lease of City lands, three weeks 32 12 Notice of hearing on sale of certain lands 9 18 Notices and resolutions, street work 26 88 Notice of assessment, change of grade 12 109 Notices of completion of assessment 13 97 Notices to show cause, street opening 10 96 Notices of resolution for opening streets, etc.... 3 93 Notice of change of grade 7 107 Official, in official newspaper 25 201 Ordinances for control of parks 5 187 Ordinances of Supervisors 13 5 Objections to change of grade, five days 8 107 Opening, etc., of streets, sale of delinquent itrop- erty, five days 14 97 Opening of streets, etc., ten days 3 93 Opening of streets, assessment on, ten days 13 97 2.Sa Index Section or Subdivision Page PUBLICATION (Continued). Payment of money exceeding $500, five days 19 6 Personal property sale of, five days 3S 12 Private sale of certain lands, two weeks 9 18 Proclamation for election Ti 1 .56 Prohibited, unless authorized 2 22 Proposals for supplies, ten days 1 21 Proposals for supplies. Fire Department 4 141 Public sale of certain City lands, three weeks. .. 9 18 Proposals for cleaning streets 29 90 Resolutions for street improvements 3 71 Restrictions to, etc 2 22 Repaving, on change of grade, awards of contract 9 107 Report on change of grade, ten days 7 107 Sale of unclaimed property, five times 3 133 School Department supplies, ten days 2 119 Treasurer to make quarterly report 2 43 When bids rejected f) 24 Q QUALIFICATION FOR OFFICE 1 V2 197 R RAILROADS, Acquisition of, by City (see under Public Utili- ties). Construction of, under Board of Public Works . . 1 63 Franchises for, term of years 6 15 Franchises, lease of, submission to people 7 17 Franchises, lease upon expiration 7 17 Franchises, let to highest bidder 6 15 Franchises, no exclusive granted 28 11 Franchises, restriction upon 6 15 Franchises, additional conditions in 7a 32 Franchises, wages of employes, provision for. ... 7b 33 Franchises, failure to comply with conditions, penalty 7c 33 Paved streets, power to compel 28 11 Permits for laying spur tracks 3 8 Power to regulate 27 11 Purchase of, by City 2 169 Rates of fare, regulation of 27 11 To pay for street improvements, when 7 75 Tracks of, may be used in common 27-28 11 Transcontinental, when may enter City 28 11 Tunnels for, may be granted 26 11 Tunnels, several companies may use 5 113 READING ROOM (see Library). RECALL, of elected officials 1-13 165-168 RECEIPTS (see Official Receipts). RECEmNG HOSPITAL (see Hospitals). RECORDS, Supervisors to provide method and facili- ties 41 13 RECORDER, assistants, deputies, salaries 1 50 Custody of records, etc 2 50 Election of, at what time 1 153 Four-year term for 38a 207 General duties of 2 50 Qualifications, election, term, salary 1 50 Inihx 239 Section or Subdivision Page REFERENDUM, by Mayor at next general election. 2 164 By six Supervisors at next general election 2 164 By Supervisors at general or special election... 2 164 Matters submitted to people 1 164 Proceedings under 1-9 164-165 REGISTRAR OF VOTERS (see under Elections). RELIEF HOME TRACT, Supervisors may sell part and purchase other land 10 21 REMOVAL, appointed officers, vi^hen and how 18-20 200 Civil Service restrictions 12 183 Deputies, clerks, employes, etc 21 200 Elected offcers, when and how 18-19 200 REPORTS, all officers must render annual 9 199 RESOLUTIONS (see Ordinances). RIOTS, suppression of by Mayor 2 39 REVENUE (see also under Finance and Taxation). Amount and collection of 14 29 Auditor's yearly estimate of 2 25 Expenses not to exceed yearly 13 28 Limit of, as to tax levy 11 27 Not to pay expenses of previous year 13 28 REVOLVING FUND, how created and for what pur- poses 291^ 202 RIGHTS OF CITY AND COUNTY 1 S SALARIES (see under separate officers and depart- ments). Approval of heads of departments Demands for, allowed by Auditor Deputies proportionate to actual services In full compensation for all services Increase to begin, when SALE OF LAND, proceedings for SAN FRANCISCO LAW LIBRARY (see Law Li- brary). SANITARY LAWS, power to make and enforce (see under Supervisors). SANITARY REGULATIONS (see under Board of Health). SCHEDULE 208 SCHOOL DEPARTMENT (see Schools). SCHOOL DIRECTORS (see under Schools). SCHOOL HOUSES AND LOTS 1-3 122-123 SCHOOL TAX LEVY (see under Schools). SCHOOL LOTS, Panama-Pacific Exposition may use SCHOOLS, aggregate tax levy for school purposes.. Department comprises what Evening Instruction in, furnished free Lease real property Must be non-sectarian Salaries of teachers, sum to be raised Tax levy for support of BOARD OF EDUCATION, Actions for school property Appointed by Mayor Approval of demands on School FundB Bequests for benefit schools Census Marshals, appointment of 13 37 13 37 33 205 34 205 42 208 9 18-20 6 116 1 121 1 115 2 115 *•> 115 1 118 r, 120 9 117 1 121 s 117 1 115 :{ 36 ■> 118 7 117 lMO Index SCHOOLS (Continued). Composed of four School Directors Disbursement of school money lOmployes. charges against Extra expenditures, incurred when Houses, requisition on Public Works In charge of School Department Meetings, rules of proceedings, etc Powers in addition to general laws President and Secretary, term and salary.. Qualifications, term, salary Repairs, etc., how secured Report yearly to Supervisors Salary roll transmitted monthly to Auditor. Salary schedule each year Tax levy, annual estimate Teachers, appointment, salaries, promotion. Teachers, certificates granted and renewed. SUPERINTENDENT OF SCHOOLS, City Board of Examination Deputies, appointment, qualifications, term. Deputies appointed Election of, at what time General duties Member of Board of Education, salary Recommended studies and text books Recommendation of measures Report annually to Board of Education.... Rules and regulations of Department Teachers' certificates, examination for Visit and examine schools twice yearly... SEAL, City and County Each department to be provided with SEWERS AND DRAINAGE, Charge of Board of Public Works Construction and repair Control of Cost of, how assessed and when Expense of, how assessed Ordinances authorizing construction Special fund for SEX, to be disregarded in appointment, when Office or position not limited by SHERIFF, deputies, employes and their salaries... Election, term, salary, powers, duties Election, at what time Four-year term for SIDEWALKS (see Streets). Power to regulate use of SINKING FUNDS (see under Funds). SPECIAL DEPOSIT FUND (see under Funds). Moneys in, not subject to what SPRINKLING STREETS, proposals for doing Under charge Board of Public Works SPUR TRACKS, permits for SQUARES (see under Park Commissioners). STATIONERY, contracts for . . For public officers How furnished to officers, etc Names of officers not to appear thereon .Si'f( ion or •Siiliilivision 1 Pago 1 115 9 117 f) 116 3 122 1 122 1 116 4 116 1-4 116-119 2 115 1 115 2 123 3 119 10 118 4 119 1 121 2 116 3 116 6 121 3-4 120 2 119 1 153 1-6 120-121 1 119 5 120 3 120 2 120 1 120 1-4 121 4 120 1 1 23 10 1 102 2 102 2 102 9 103 2 76 6 103 22 10 9 181 11/2 197 2 55 1 55 1 153 38a 207 6 42 29 90 3 63 3 8 3 23 3 23 3 23 3 23 Index 241 Section or Subdivision Page STENOGRAPHERS (see under Superior and Police Courts, City Attorney and Coroner). STREET RAILROADS (see Railroads). STREETS, opening, closing, excavating, grading etc. (see under Public Works). Use and regulation of (see under Supervisors). Railroad spur tracks upon 3 8 When City is liable for injury on 5 2 STREET IMPROVEMENTS (see also Public Works). Limit of assessment on property owners 8 76 Opening of streets through certain pioperty 1-19 92-101 Owners may improve streets, when 19 68 Payment of assessment by installments 33 91 Performance of, by property owners 9 76 Procedure for, in Charter, not exclusive 33 91 SUBPOENAS, policemen to be detailed to serve... 24 201 Power to issue by every officer 24 201 SUPERINTENDENT OP SCHOOLS (see under Schools). SUPERIOR COURT (see Judges of Superior Court). SUPERVISORS, acquisition public utilities 1 169 Additional deputies, etc., when authorized 35 205 Appropriation, caused to be raised annually.... 5 26 Auditor's extra clerks, designation of 2 41 Ayes and noes, when taken 3 3 Appropriation for Civil Service 1 178 Authorize erection of auditorium 10 20 Bureau of Supplies, may provide for 38 13 Bids rejected, when 5 24 Bonds, issue of, proceedings governing 1-16 169-177 Bonds of officers, when may require additional. . 5 196 Budget of city's expenditures 3 25 Claims for damages against City 8 18 Claims may be revised, when 1 38 Civil Service Commission, expenses, etc 17 185 Clerks, assistants, appointed by Board 1 3 Consist of eighteen members 2 3 Constitute Board of Equalization 2 14 Contract for supplies, etc., to be let by 1 21 Disbursement of public money 15 29 Demands to be approved by 19 6 Elected at large from City and County 2 3 Election of, at what time 1 153 Ex-Mayors entitled to seat in 2 3 Finance Committee, powers and duties 3-4 11 Four-year term for :'.Sa 207 Form, methods, etc., of keeping records and docu- ments 41 13 Franchises for street railroads 6 15 Franchises granted by, to be forfeited, when 6 15 Franchises, no exclusive^ to be granted 5 15 Franchises to erect poles or lay wires 7 17 Health ordinancos, how enforced 4 150 Journal of procefdings •''■ 3 Jurisdiction over wluirves of City 1-2 104 Lil)rary bonds, authorized to sell below par lOji 175 Lands may he net asidf for playgroiiud S 193 Legislative acts by ordinaiu'c; 8 4 Legislative power vested in 1 3 I^vy and apportion taxes 11 27 '242 Index Section or Subdivision Page SUPERVISORS (Continued). Library, annual tax levy, limit 2 124 Ligliting streets and buildin?:s 6 24 May sell portion of Relief Home Tract 10 21 May buy property adjacent to Relief Home Tract 10 21 May provide street or tunnel assessment to be paid in ten yearly installments 33 91 May sell or exchange land in Civic Center 10 20 May open, etc., streets, cost to be paid in ten yearly installments 1 92 May declare cost of opening, etc., streets be paid by City 2 93 May erect Fire Alarm Station in Jefferson Square 6a 188 May prescribe form of demands and warrants.. 39 13 May provide for employment of experts 2 197 Mayor the presiding oficers 5 4 Meetings, when and where 6 4 Member to act as Mayor, when 6 40 Municipal buildings, provision for construction.. 29 202 Municipal revenues, amount to be fixed 14 29 Official advertising, contracts for 2 22 Opening and closing streets, power in relation to 1-19 92-101 Parks, provision for support 11 190 Payment of money into Police Pension F^ind 11 137 Playgrounds, appropriation for 10 194 Penalty for interest in contracts 6 198 Power over members 4 3 President of Board to be the Mayor 5 40 President pro tempore, election of 5 4 Provide a uniform system of accounting 40 13 Provide for creation of "Revolving Fund" 29^/^ 202 Provide for Planning Commission and fix duties. 42 14 Provide for and regulate purchase, storage, and distribution of all supplies for offices and de- partments 38 13 Public utilities, estimates of cost 1 169 Public works, ordinances relating to 9 63 Qualifications, term, salary 2 3 Quorum, majority to constitute 3 3 Railroad, lease of, when and how 7 17 Real estate for public library 7 125 Relief of indigent and exempt firemen 36 12 Removal for neglect to enforce provisions 13 176 Removal of officers, when and how 18-19 200 Schools, annual tax levy, provision for 2 122 Shall fix salaries of assistants to Civil Service Commission 17 185 Special sessions, called by Mayor 5 40 Stationery, contracts for 3 23 Street grades, power to change 1 104 Street opening, etc., power in relation to 1 92 Support of Library 2 124 Tolls for wharfage 2 104 To acquire land for Civic Center purposes 10 20 Tunnels, subways and viaducts, may order con- struction of 1-3 111-113 Unnecessary funds, abolition of 38 207 Vacancy in office of Mayor, how filled 6 40 CLERK OF BOARD, Appointment of 1 3 Index 240 SUPERVISORS (Continued). Bids for proposals to be delivered to Clerk of Board of Equalization Contracts for supplies, etc Custody and recording of ordinances Custody of City stationery Custodian of seal of City Duties and powers of MAY PASS ORDINANCES, Animals, cruelty Boulevards, designation Cleaning and sprinkling of streets Contingent fund for the Mayor Convicts and felons, apprehension Drainage, general system Fees and charges not otherwise provided. . . Fourth of July, appropriation General provision Hours of labor for public service Insane, detention Interpreters, payment for Jails, hospitals, etc., maintenance Lands, conveyance of certain Lighting, contracts for Licenses, exceptions Local police and sanitary laws Memorial Day, appropriation Morgue, maintenance Nuisances, provisions for abatement Passenger vehicles, regulation and rates. . . . Pipes, wires, conduits, franchises Pound, rules governing Property for public use, acquisition Purchase of property under execution Railroad fares, charges, rates of speed Railroads, franchises, conditions Railroads to enter City Railroad tracks, temporary and spur Regulate use of streets, sidewalks, etc Sale of certain personal property Sale or lease of public lands Seals, City, departments, courts, etc Sewers, flushing Streets, paving of by railroads Streets, when railroads may be operated... Streets (see further under Public Works). Sweepings of streets for park Trusts for City, execution Tunnels, construction Unused lots, transfer to other departments. TJtilitioH( see under Public Utilities). Violation of ordinances, i)enaltie8 Water, gas, heat, light, etc., rates Water, heat, light, power Witnesses, detention Wooden buildings, limits restricted SUPPLIES, contracts for each department For public officers Limitation upon PrLson-made goods not allowed Section or Subdivision Page 1 21 2 14 r. 24 17 6 3 23 7 4 7 4 19 10 25 11 13 9 35 12 21 10 22 10 17 10 18 10 1 7 24 11 10 9 20 10 11 9 29 11 6 24 15 9 1 7 18 10 9 9 6 8 7 9 5 15 8 9 12 9 34 12 27 11 6 1.^. 28 11 3 8 2 8 33 12 32 12 23 10 13 9 28 11 6 15 4 8 30 12 26 11 31 12 If) 10 14 9 13 9 10 9 5 8 1 21 1 21 1 21 1 21 244 Index Section or Subdivision SUPPLIES (Continued). Schools 2 Stationery for public olficers 3 SUPERINTENDENT OF SCHOOLS (see under Schools). SUPERINTENDENT OF STREETS (see under Pub- lic Works). SURETIES, on official bonds of officers 3-5 (See also under Bonds). SURGEON, Police Department 7 SURGEONS AND PHYSICIANS, City Hospital 6-7 SUSPENSION, of elected officers, when and how. . . 18-19 Civil Service provision 12 Defalcation or wilful neglect 2 SURPLUS FUND (see under Funds). How created 16 SURVEYOR (see under Public Works). SURVEYS, how made, etc 11-12 SWEEPING AND SPRINKLING STREETS 29 (See also under Public Works). Page 119 23 196 128 150 200 183 39 29 65 90 T TAX COLLECTOR, City Attorney to collect delinquent taxes 3 49 Collection of taxes, licenses, etc 2 48 Collections to be paid into treasury 2 48 Deputies and assistants, and salaries 1 48 Election of, at what time 1 153 Four-year term for 38a 207 General duties of 2 48 Licenses, examination of 4 49 Licenses, receipts, etc., monthly report 5 49 Licenses, revocation 4 49 Office hours 14 199 Qualifications, election, term, salary. . 1 48 TAXES, apportioned to specific funds 11 27 Budget, taxpayers to be heard 3 25 Delinquent, collection of 2-3 48-49 Delinquent publication 2 22 Drainage, general system 22 10 Equalization of 2 14 Fire Department, levy for Relief Fund 2 144 First installment payment postponed, when 17 29 Increase in certain emergencies 13 28 Levy, ordinances for 13 5 Levy, to include Interest and part principal 12 176 Levy, when made by Supervisors 11 27 Levy for all purposes, when made 5 26 Levy, limit for City's expenses 11 27 Licenses, regulations 15 9 Police Relief and Pension Fund, levy 11 137 Public Library, levy for 2 124 Public parks, levy for 11 190 School purposes, levy for 1-3 121-122 TEACHERS (see under Schools). TELEGRAPH, regulation and control 13 9 Wires, posts, regulation and control 13 9 TELEPHONE, regulation and control 13 9 Rates for service 14 9 TERMS of OFFICERS (see under separate officers). Index 245 TEXT BOOKS FOR SCHOOLS, recommendation of. TRACKS (see under Public Works and Supervisors). TREASURER, action, no mone.v to pay demands... Appointment of assistants and salaries Bags of money Demands against, when barred Demands, approved by Auditor before payment. . Demands, limit in single month Demands^ pay out of Unappropriated Fee Fund. Demands, payment Demands, payment in order of presentation Demands, registration of Disbursement, public moneys, only officer Duplicate receipt for money Duties in connection with deposit of public funds Election of, at what time Election, qualification, term, salary Fees, etc., collected to be paid to Four-year term for File monthly and quarterly statements General duties of Joint custody safe, control with Auditor Misconduct in office, when Moneys, all to be paid to Moneys, all to be deposited daily Moneys, daily account of Moneys of funds, to be kept distinct Moneys received monthly, report Moneys, transfer from Unapportioned Fee FHind. Not to pay demands on wages, when Office hours, daily Official receipts with Outstanding bonds, when to pay for Receipts, etc., issued by TRUSTEES OF PUBLIC LIBRARY (see under Library). TUNNELS, SUBWAYS AND VIADUCTS, may be constructed 1-G Section or Subdivision rage 5 120 6 47 1 43 3 46 1 38 3 41 9 26 11-12 36 5 47 6 47 6 47 1 34 4 46 2 43-46 1 153 1 43 3 34 38a 207 2 43 2 43 3 46 2 43 1 34 17 200 2 43 2 43 8 35 10 36 19 185 14 199 5 35 7 31 6-S 35 111-111 u UNAPPORTIONED FEE FUND (see under Funds). Transfer of moneys from 10 Mileage fees, to be paid out of 1112 UNCLAIMED AND STOLEN PROPERTY (see under Property). UNDERWRITERS' FIRE PATROL (see under Fire Marshal). UNIFOR.M SYSTEM OF ACCOUNTING. Supervisors to provide 10 URGENT NECESSITIES. appro|)ri:iti()ii for S UTILITIES (see Public Utilities). 36 36 2 ■i\AFI!K'IVFnv o ^ 3s^ JiilV3-JU- .^^\t•llNlVEK% Avl^vVNGElfXy. ^VvtllBKARV^?/ V/o^OiAi; ^.i/ojnv3'jo^ ^ ^. 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