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CHARTER

OF THE

City and County of San Francisco

As Amended in 1903, 1907, 1911, 1913, 1915^917 and 1919.

Published by.

Authority of ths Board of Supervisors

JOHN S. n.'NTNIGAN, Clerk

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CHARTER

OF THE '.''.■'.'■ '•' •

CITY AND COUNfY OF SAN FRANCISCO

PREPARED AND PROPOSED BV 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. :\ray 26, 1898.

Approved by the Legislature of the State, January 26, 1899.

In full Force and Effect, January 8. 1900.

AVitli 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, 1910,

(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).

Amendments adopted November 7, 1916,

(in effect January 18, 1917).

Amendments adopted November 5, 1918,

(in effect January 17, 1919).

Published by authority of the Board of Supervisors.

JOHN S. DUN^^IGAN, Clerk.

SHANNON-CONMV, S09 SANSOMF ST.

Board of Freeholders

President : JOSEPH BRITTON.

JEROME A. ANDERSON, JAMES BUTLER, H. N. CLEMENT, A. COMTE, JR., ALFRED CRIDGE, L. R. ELLERT, ISIDOR GUTTE,

P. H. McCarthy,

JOHN NIGHTINGALE, JR. JOHN C. NOBMANN, JOSEPH O'CONNOR, LIPPMANN SACHS. EDWARD R. TAYLOR, A. W. THOMPSON.

Secretary : J. RICH'D FREUD.

CHARTER

OF THE

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, page 1807) Also amended at a general election held November 7, 1916. Amendments approved by the Legislature, January 18, 1917.

(Statutes 1917, page 1708)

Also amended at a general election held November 5, 1918.

Amendments approved by the Legislature, January 17, 1919.

(Statutes 1919)

AETICLE 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 shall 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 by 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

747501

2 Charter of the City and County of San Francisco.

alter the same at pleasure; may purchase, receive, hold and enjoy real and personal property; receive bequests, gifts and donations ^^of all ^J^inds.of property, in fee simple, or in trust for charitable ^a^nd other purposes, and do all acts necessary to carry out the ^purposes. of . such ^ gifts, bequests and donations, with power to ■ inati^ge, isell,; I'ease, .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 shall continue, under this Charter, to have, hold and enjoy all property, rights of property, rights of action of every nature and description of the existing municipality and is hereby declared to be the successor of the same.

Actions by or Against tlie 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 belonging 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 which 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 obligation 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 provided by law, shall be in such defective condition as to endanger 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

Article I. Boundaries, Rights and Liabilities. 3

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 unrem- edied 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 tliat 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 by the Legislature February 17, 1911 (Statutes, 1911, page 1661).

4: Charter of the City and County of San Francisco.

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.

Sec. 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 by 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 the 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 punish its members for disorderly or contemptuous behavior in its presence.

*Term made four years: Section 38a, Article XVI.

Article II, Chapter I. Legislative Department. 5

Presiding Officer.

Sec. 5. The Mayor shall 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 Place.

Sec. 6. The Board shall meet on Monday of each week, or if that day be a legal holiday, then on the next day. The Board shall 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: Enactment 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.

6 Charter of the City and County of San Francisco.

Reconsideration: Francliises.

Sec. 12. When 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 object to one or more items separately, while approving other por- tions of the bill. In such case he shall append to the bill at the time of 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 hereinbefore pro- vided, which shall have passed the Board and shall have been duly authenticated, shall be presented to the Mayor for his approval. The Mayor shall return such bill or resolution to the Board within ten days after receiving it. If he approve it he shall sign it and it shall then become an ordinance. If he dis-

Article 11, Chapter 1. Legislative Department. 7

approves it he shall specify his objections thereto in writing. If he does not return it with such disapproval within the time above specified, it shall take effect as if he had approved it. The objec- tions of the ^layor shall be entered at large in the Journal of the Board, and the Board shall, after five and within thirty days after such bill or resolution shall have been so returned, reconsider and vote upon the same. If the same shall, upon reconsideration, be again passed by the affirmative vote of not less than fourteen members of the Board, the presiding officer shall certify that fact on the bill or resolution, and when so certified, the bill shall become an ordinance with like effect as if it had been approved by the ^layor. 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, before they can be approved by the Auditor or paid by the Treasurer, 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 exceeds five hundred dollars, shall be published for five successive days (Sundays and legal holidays excepted) in the official news- paper.

Section 20. Repealed hy amendment November 15, 1910; approved hy the Legislature Fehruary 17, 1911 (Statutes, 1911, page 1661.)

Section 21. Repealed hy amendment Novemher 15, 1910; approved hy the Legislature Fehruary 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

8 Charter of the City and County of San Francisco.

of the votes cast at the 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 admin- ister 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 provisions under which this Charter may be amended, then the aforesaid 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 hy amendment November 15, 1910; approved hy 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 Charter contained, the Board of Supervisors shall have power :

Local Laws.

1. To ordain, make and enforce within the limits of the City and County all necessary local, police, sanitary and other laws and regulations.

Article II, Chapter II. Legislative Department. 9

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 indus- tries 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 by 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.

Passenger Vehicles.

7. To regulate the use of hackney carriages and public pas- senger vehicle^, and to fix the rates to be charged for the trans- portation of persons or personal baggage.

10 Charter of the City and County of San Francisco.

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.

Morgue.

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 impris- oned.

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 there- 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 the service. — As amended November 5, 1907; approved 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 who, at any fixed place of business in the City and County, sells or manufactures goods, wares or merchandise, except such as re- quire permits from the Board of Police Commissioners as pro- vided in this Charter,

Article II, Chapter II. Legislative Department. 11

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.

Official 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.

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).

12 Charter of the City and County of San Francisco.

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.

u. To regulate street railroads, tracks and cars; to permit Kwo 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 hy the Legis- lature 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 cars to the water front at the most suitable point for public convenience. No exclusive right shall be granted to any railroad company ; and the use of all such rights shall at all times be sub- ject to regulation by the Supervisors.

Every ordinance granting such right shall be upon the condi- tions that said company shall pave and keep in repair the street from curb to curb in such a manner and with such material as may from time to time be prescribed by the Supervisors, and that such company shall allow any other railroad company to use in common with it the same track or tracks, each paying an equal portion for the construction and repair of the tracks and appur- tenances used by such railways jointly.

Conveyance of Lands.

29. To convey lands in accordance with the provisions of the Act of the Legislature of the State of California, entitled ''An Act to expedite the settlement of land titles in the City and County of San Francisco, and to ratify and confirm the acts and proceedings of certain of the authorities thereof," approved March 14, 1870.

Trusts.

30. To provide for the execution of all trusts confided to the City and County.

Article II, Chapter II. Legislative Department. 13

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 by the City and County; but all leases shall be made at public auction to the highest responsible bidder at the highest monthly rent, after publication of 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 Mayor, 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 hy 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 and description; the installation, use 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 5f San Fran- cisco which has been or may be selected as the site for the holding

14 Charter of the City and County of San Francisco.

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. ^i\^et(; subdivision added hy amendment December 10, 1912, approved by 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 (StaMites, 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 City, and County, unless otherwise provided by general laws. — New subdivision added hy amendment December 10, 1912, approved by the Legislature March 28, 1913 (Statutes, 1913, pa^ge 1602).

Planning Commission.

42. To provide by ordinance for the establishment of a City Planning Commission, which shall devise plans for the improve- ment and beautification 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 office or position. The Board of Supervisors shall pre- scribe the duties of said Commission, the number and qualifica-

Article II, Chapter II. Legislative Department, 15

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).

Public Aquarium.

43. To accept gifts of buildings, properties and moneys for the purpose of establishing and maintaining a public aquarium, and to appropriate from the general fund of the City and County not less than twenty thousand dollars annually for the support and maintenance of a public aquarium. — New subdivision added by amendment, November 7 , 1916, approved by the Legis- lature January 18, 1917 (Statutes, 1917, page 1708).

Steinhart Aquarium.

Subdivision 43-A. The devise and bequest of Ignatz Steinhart, deceased, of the sum of $250,000 for the erection and completion of an Aquarium to be located in Golden Gate Park in the City and County of San Francisco for the use and enjoyment of the people of the City and County of San Francisco, the management, super- intendence and operation of which is to be in charge and under the direction of the California Academy of Sciences of San Francisco, is hereby accepted, said devise and bequest being as follows :

"It being my earnest desire, to provide the citizens of San Francisco with an Aquarium to be erected in the Golden Gate Park of said City, and to be called the ' Steinhart Aquarium ' ; and provided such an Aquarium has not heretofore been constructed or placed in operation by me or any other party or parties, I hereby give, devise and bequeath to the California Academy of Sciences of San Francisco, the sum of ($250,000) two hundred and fifty thousand dollars, for the erection and completion of an Aquarium to be located in the Golden Gate Park of said City of San Francisco, and adjacent or adjoining to the new buildings and museum of said Academy of Sciences in said Park and

Subject to the following conditions:

I. Said Aquarium as aforementioned, to be called the Stein- hart Aquarium, and a bronze bust or statue of my brother Sig- mund Steinhart, now deceased, but joint donor with me, to be erected and displayed in some convenient place in said Aquarium building.

II. The location, plans and specifications as also of the appur- tenances and installations therein, to be submitted to my executors and to be approved by same.

III. The final cost of said Aquarium not to exceed to my estate the sum of said $250,000 aforementioned, to be certified to by the original officials of said Academy of Sciences and the architect selected for the construction of said Aquarium.

16 Charter of the City and County of San Francisco.

IV. The management, superintendence and operation of said Aquarium to be in charge and under the direction of said Acad- emy of Sciences; and I expect that the necessary funds for the maintenance and operation of said Aquarium will be furnished by the City of San Francisco for the benefit of the inhabitants thereof or others, who may enjoy said Aquarium or derive knowledge and information therefrom.

In case, however, during my lifetime an Aquarium should have been erected and exist, in said Golden Gate Park, then said be- quest of $250,000 is to be null and void and hereby cancelled.

And in lieu thereof, I hereby give, devise and bequeath to said Academy of Sciences the sum of ($150,000) one hundred and fifty thousand dollars, for the enlargement and extension of the Aquarium then existing. I would suggest that a Terrarium and Exhibit of Insects be installed in said enlarged Aquarium. Loca- tion plans and specifications for the latter, are likewise to be approved by my executors, and conditions and clauses I to IV heretofore mentioned, should as far as feasible and practical' apply to said bequest of $150,000 for said enlargement and exten- sion of said Aquarium. ' '

The Board of Supervisors is hereby empowered to pass any ordinance necessary to carry into full force and effect the terms, conditions and provisions of said devise and bequest, to accept any further gifts of money, properties or buildings for the exten- sion or support of said Steinhart Aquarium, under the manage- ment, superintendence and operation of the California Academy of Sciences of San Francisco and to authorize the expenditure of such sum of money as shall be appropriated from the General Fund of the City and County of San Francisco under the pro- visions of Subdivision 43, Section 1, Chapter II, Article II of the Charter through the California Academy of Sciences of San Fran- cisco for the support and maintenance of said Steinhart Aquarium under such regulations as said Board of Supervisors may prescribe by Ordinance. — New subdivision added hy amendment November 5, 1918, approved hy the Legislature January 17, 1919 (Statutes,^ 1919).

Equalization Board.

Sec. 2. The Supervisors shall constitute the Board of Equali- zation of the City and County. 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

Article II, Chapter II. Legislative Department. 17

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.

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 Mayor, 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 the City and County not reserved for boule- vards or carriage driveways, upon the following conditions and in the following manner and none other :

18 Charter of the City and County of San Francisco.

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- mine on what conditions the same shall be granted additional to those conditions provided in this Chapter. After such determina- 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 before any further action is taken by the Board on such application. The advertisement must state the character of the franchise sought, the term of its proposed continuance, and the route to be traversed; that sealed bids will be received up to a certain hour on a day to be named in the advertisement; and a further statement that no bids will be received of a stated amount, but that all bids must be for the payment to the City and County in lawful money of the United States of a stated percentage of the gross annual receipts of the person, 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 sufficient sureties to be approved by the Mayor 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

Article II, Chapter II. Legislative Department. 19

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 the next ensuing month after such gross receipts shall have been earned ; and upon the further condition that the whole of the rail- 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 w^ill, within one hundred days after the date of such grant, commence the construction of such raihvay, 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 be 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- new^ed 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 lighting purposes along or upon any public street or highway of the City and County except upon all the con- ditions and in the manner, including competitive bidding and pay-

20 Charter of the City and County of San Francisco.

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 franchise or privilege.

When, on the expiration of any street railroad franchise, it shall be deemed inexpedient by the Board to use any of the prop- 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 ordinance authorizing such lease shall be passed prior to ninety days next preceding the expiration of such franchise.

Any ordinance granting a franchise or authorizing a lease under the provisions of this section shall be in force from and after the expiration of thirty days from the date of its signature by the Mayor, or from and after the expiration of thirty days from the date of its passage by the Supervisors over his objections, unless within said thirty days a petition signed by a number of the electors of the City and County equal to fifteen per centum of the votes cast at the last preceding election, shall have been filed with the Supervisors, asking that said ordinance be 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 tiie City.

Sec. 8. All claims for damages against the City and County r^nst be r»r'>sentRd to the Bo«rd 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 Tlierefor.

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 Mission Creek, and any and all lands that may be hereafter ac- quired, excepting lands for parks, squares and children's play-

Article II, Chapter II. Legislative Department. 21

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.

^uch 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.

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 with 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, he shall require

22 Charter of the City and County of San Francisco.

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 other daily newspaper published in the City and County, that at a meet- ing of the Supervisors, to be held not less than twenty, nor more than thirty days, from the first publication of such notice, that such sale has been made, the amount for which the property has been sold, and the name of the purchaser. Such notice shall also contain a statement that at such meeting, if an offer of 10 per cent more in amount than that named in said notice shall be made to the Supervisors, 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. — Neiv section added hy amendmenty 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.

iSec. 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

Article II, Chapter II. Legislative Department. 23

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 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 Rancho San Miguel 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 hy amendment December 10, 1912; approved hy the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Sale of Outside Land School Lots.

Sec. 11. Whenever the Board of Education shall by Resolution determine that any of the lots of land located westerly of Arguello Boulevard, formerly First avenue, and the southerly projection thereof, reserved for school purposes by the committee on Out- side Lands appointed by the Board of Supervisors under the pro- visions of Ordinance No. 800, approved by the Mayor and the President of the Board of Supervisors on January 14, 1868. and confirmed by Act of the Legislature and approved March 27, 1868, are inadequate or unsuitable for school purposes or for use as sites for school buildings and that the public interest or necessity demands the sale thereof, said Board may recommend to the Mayor that such sale be made. If the Mayor shall concur in said recom- mendation he shall report the same to the Board of Supervisors and said Board shall make such sale in the manner provided in Section 9 of this Chapter. The proceeds arising from such sale shall be used exclusively for the purpose of purchasing lands for school purposes or sites for school buildings or for additions to existing sites for school purposes. — As amended November 5, 1918; approved by the Legislature January 17, 1919 (Statutes, 1919).

24 Charter of the City and County of San Francisco.

CHAPTER III.

CONTRACTS. Manner of Purchasing Supplies and Awarding of Contracts.

.Section I. 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, payable at sight to the order of the Clerk 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 Clerk shall draw the money due on such certificate of deposit or check and pay the same into the treasury ; and under no circum- stances 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 shall state that the conditions and schedule may be found in the office of the Clerk of the Board of Supervisors; and shall also state that such articles are to be delivered at such times, in such quantities, and in such manner, as the Supervisors may designate. Any bidder may bid separately for any article named. The award as to each article, shall in all cases be made to the lowest bidder for such article, and Avhere a bid embraces more than one article, the Supervisors shall have the right to accept or reject such bid or the bid for any one or more articles embraced therein. In the case of contracts for subsistence of prisoners, the advertisement for proposals 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 suf- ficient sureties for the faithful performance of every contract.

Article II, Chapter IIL Legislative Department. 25

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, institu- tion or department for which the same are supplied.

Every contract for work to be performed within the State of California at the expense of the City and County or paid for out of moneys deposited in the Treasury, whether such work is to be done within or outside the limits of the City and County, and whether such work be done directly by or under such contract duly awarded, or indirectly by or under subcontract, subpartnership, day labor, station work, piece work, or any other arrangement whatsoever, must provide: (1) 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 or compensation of persons performing labor in the execution of such contract, sub- contract, subpartnership, day labor, station work, piece work or other arrangement, shall be three dollars per day; (2) that any person performing labor in the execution of such contract shall be a citizen of the United States or have declared his intention of becoming such; (3) that preference in the performance of labor under such contract or other arrangement shall be given to per- sons who shall have actually resided in the City and County and shall have so resided for the period of one year next preceding the date of their engagement to perform labor thereunder. The fore- going provisions designated (1), (2) and (3) must also apply to persons performing labor in the commissary or other auxiliary de- partment of labor conducted in the course of the execution of such contract or any part thereof; and the said provisions shall also apply in any work done for or by the City and County or by any officer, board or commission thereof, when such work is to be done at the expense of the City and County or paid for out of moneys deposited in the Treasury. Any contract for work to be performed under the provisions of this Section which does not comply with the provisions thereof, 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. — As amended November 7, 1916; approved hy the Legislature January 18, 1917 (Statutes, 1917, page 1708).

Contracts for Official Advertising.

Sec. 2. All contracts for official advertising shall be let annually 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

26 Charter of the City and County of San Francisco.

has been in existence at the time of letting such contract 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, messages, reso- lutions, notices inviting proposals and all notices of every nature relating to city work. No part or kind of such advertising shall be charged or contracted for at a 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 w^eight, 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 de- partments 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 of the bond that will be required as security for the per- formance of the contract.

No stationery furnished to any officer or department shall con- tain the name or names of the officer or officers constituting the liead of the department or board. The contract or contracts must

Article II, Chapter III. Legislative Department, 27

be made with the lowest bidder offering adequate security, quan- tity and quality being considered. The Clerk of the Supervisors shall have rooms in the City Hall for the custody of such stationery, and when pureliased the same shall be delivered to him, and he shall issue and distribute the same to the various departments as required.

He shall keep accounts in detail, charging himself with all goods 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 been made by the head of such department and approved by the Mayor.

All requisitions for printing shall be made in a similar manner. The Clerk shall report monthly in writing to the Supervisors in detail, the amount of all paper, blanks, books, stationery and print- ing ordered by and delivered to any department or officer.

Collusion With Bidder Constitutes Misfeasance.

Sec. 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 wTiting and executed in the name of the City and County by the Mayor. 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. When 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-

28 Charter of the City and County of San Francisco.

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.

Bond of Contractors.

Sec. 7. Every contractor, person, company, firm, or corpora- tion, to whom is awarded a contract for the execution or perform- ance of any building, street, excavating or other mechanical work for the City and County, the expense of which is payable out of municipal funds or out of funds specially made available for any such work, or of any street work or street improvements in the City and County, the costs and expenses of which, in whole or in part, are assessable upon property in private ownership, shall before entering upon the performance of such work, file with the board or officers by whom such contract was awarded, a good and sufficient bond, to be satisfactory to such contracting board or officers, in a sum not less than one-half of the total amount payable by the terms of the contract; such bond shall be executed by the contractor and either at least two sureties who shall each justify in the amount required for said bond, or when 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, or by cor- porate surety, or sureties, as provided by law, in the amount speci- fied in the bond, and shall be made to inure to the benefit of any and all persons, companies, firms, or corporations, who furnish materials, provisions, provender or other supplies, or teams, or mo- tor or other vehicles, or machines used in, upon, for or about the per- formance of said work, or who perform work or labor thereon of any kind, and must provide that if the contractor, person, company^ firm, or corporation, or his or its subcontractor, fails to pay for any materials, provisions, provender or other supplies, or teams, or motor or other vehicles, or machines, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, that the surety or sure- ties will pay the same in an amount not exceeding the sum speci- fied in the bond.

Any materialman, person, company, firm, or corporation, fur- nishing materials, provisions, provender or other supplies, used in, upon, for or about the performance of the work contracted to be executed or performed, or any person, company, firm, or cor- poration renting or hiring: teams, or motor or other vehicles, or machines, for or contributing to said work to be done, or any per- son who performed work or labor upon the same, or any person who supplied both work and materials, and whose claim has not been paid by the contractor, company, firm, or corporation, to whom the contract has been awarded, or by the subcontractor of

Article II, Chapter III. Legislative Department. 29

said contractor, company, firm, or corporation, may within ninety days from the time such contract is completed and the work there- under accepted by the contracting board or officers, or in case the contract be abandoned before the completion of the work con- tracted to be done, then within ninety days after such abandon- ment, file with the board or officers by whom such contract was awarded, a verified statement of such claim, together with a state- ment that the same, or some part thereof, has not been paid. If such claim be so filed, a copy thereof shall be served on the surety or sureties on the bond of such contractor, company, firm, or cor- poration, filed as herein provided. At any time within six months after the filing of such claim, the person, company, firm, or cor- poration filing the same may commence an action against the surety or sureties on the said bond in this section specified and required, for the recovery of the amount due on said claim, to- gether with the costs incurred in said action, and a reasonable attorney fee, to be fixed by the court, for the prosecution thereof. — New section added hy amendment November 7, 1916; approved by the Legislature January 18, 1917 (Statutes, 1917, page 1708).

30 Charter of the City and County of San Francisco.

ARTICLE III.

FINANCE AND TAXATION.

CHAPTER I.

LEVYING OF TAXES.

Estimates of Annual Requirements in Each Department,

Section 1. On or before the first Monday of April in each year the heads of departments, offices, boards and commissions of the City and County shall send to the Supervisors an estimate in writing of the amount of expenditure, specifying in detail the objects thereof, required in their respective departments, offices, boards and commissions, including 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 Monday of ]\Iay in each year the Auditor shall transmit to the Supervisors an estimate of the probable expenditures of the City and County government for the next ensuing fiscal year, stating the amount required to meet the interest and sinking funds for all outstanding funded debts, and the wants of all the departments of the municipal govern- ment in detail, and showing specifically the amount necessary to be apportioned to each fund in the treasury; also an estimate of the amount of income from fines, licenses and other sources of revenue, exclusive of taxes upon property, and the probable 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 budget of the amounts estimated to be required to pay the expenses of con- ducting the public business of the City and County for the next ensuing fiscal year. The budget shall be prepared in such detail as to the aggregate sum and the items thereof allowed to each department, office, board or commission, as the Supervisors shall deem advisable.

Before finally determining upon the budget, 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 Supervisors shall attend at the time or times so appointed for such hearing.

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 such veto. Action thereon must be taken before the last Monday of June.

After the final estimate is made in accordance herewith, it shall be signed by the Mayor and the Clerk of the Supervisors, and the

Article III, Chapter I. Finance and Taxation. 31

several suras shall then be appropriated for the ensuing fiscal year to the several purposes and departments therein named. The esti- mate shall be filed in the office of the Auditor.

Annual Tax Levy.

Sec. 5. The Supervisors must cause to be raised annually ac- cording to law, and collected by 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 be drawn from the treasury unless in consequence of appro- priations made by the Supervisors and upon warrants duly drawn thereon by the Auditor.

Warrants.

Sec. 7. No warrant shall be 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 by law. No money shall be paid out of this appropriation unless authorized by a live-sixths vote of all the members of the Board of Supervisors, and approved by the ^layor. — As amended November 5, 1907 ; approved by the Legislature November 23, 1907 (Statutes Special Session, 1907, page 37).

One-Twelfth Limit on Monthly Expenditures. Registration of Demands and Agreements.

Sec. 9. It shall not be lawful for the Supervisors, or for any board, 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 avail- able 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

32 Charter of the City and County of San Francisco.

sums, except so much thereof as may be required to pay all un- paid claims upon such appropriation, may be carried forward and 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, unless the Auditor shall indorse thereon his certificate that there remains un- expended 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; provided, that where the ex- pense of executing such contract is to be paid entirely from the proceeds of bond issues, the requirements of this section may be satisfied through an indorsement by the Auditor that a sufficient number of bonds have been set aside to be sold as payments under the contract fall due, and from the proceeds of which sale the estimated expense of executing such contract may be paid, as cer- tified by the board or officer making the same. This requirement shall not apply to work done, or supplies furnished, involving the expenditure 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 con- tract so presented to him, if there remains unapplied and unex- pended such amount of money or bonds so specified by the officer making the contract, and thereafter shall hold and retain such amount of money or bonds for the purpose of paying the expense incurred until the contract shall be fully performed. If bonds are withheld, arrangements shall be made prior to the Auditor's in- dorsement for the sale of such bonds in such amounts and at such periods of time as will enable the Treasurer to make payments in cash under such contract as such payments fall due and are approved. The Auditor shall furnish weekly to the head of each department a statement of the unexpended balances of the appro- priation or bonds set aside for his department. — As amended No- vember 5, 1918; approved by the Legislature January 17, 1919 (Statutes, 1919.)

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

Article III, Chapter I. Finance and Taxation. 33

the State taxes and the tax to pay the interest and maintain the sinking funds of the bonded indebtedness of the City and County, and exclusive of the tax to pay for the maintenance and improve- ment of the parks, squares and public grounds of the City and County, shall not exceed the rate of one dollar on each one hundred dollars valuation of the property assessed. The Supervisors in making the levy shall apportion the taxes to the several funds. — As amended March 16, 1915; approved hy the Legislature April 1, 1915 (Statutes, 1915, page 1807).

Apportionment of Revenue.

Sec. 12. In making the apportionment the Supervisors shall take into account and apportion to the several funds the income and revenue estimated to arise during the fiscal year from licenses, fees, and other sources, but the income to pay the interest on the bonded indebtedness and to provide for the sinking funds shall always be provided for out of the tax on property; provided, that whenever any bonded indebtedness shall have been incurred for the 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 sinking fund of the bonded indebtedness of such utility for the succeeding fiscal year. — As amended November 5, 1907; approved hy 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 Mayor. 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,

34 Charter of the City and County of San Francisco.

fire, health or school departments or detention home; to meet the cost of maintaining public libraries and of purchasing books there- for.

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 of 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 meeting any increase in demands, salaries, expenses or other obligations imposed upon the City and County of San Fran- cisco 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 maintaining public libraries and the purchase of books therefor. Nothing 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 proportion of the same for such fiscal year, or permit liabilities or indebtedness incurred in any one fiscal year to be a charge upon or paid out of the income or revenue of any other fiscal year. — As amended March 16, 1915 ; approved hy the Legislature April 1, 1915 (Statutes, 1915, page 1807).

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 disbursement 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 Treasurer 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 Charter 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

Article III, Chapter II. Finance and Taxation. 35

in installments and shall become delinquent at the times and in the manner as provided by general law, but the Supervisors by an ordinance passed prior to the second ^londay in October of any calendar year, may provide that the delinquent date of the first installment of such taxes for- the then current fiscal year shall be postponed until the second ^londay in January next, and when such an ordinance shall have been passed 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 published by the Tax Collector shall specify the delin- quent date so postponed by ordinance of the Board of Supervisors. — Neiv section added by amendment March 16, 1915; approved hy the Legislature April 1, 1915 (Statutes, 1915, page 1807).

CHAPTER II.

THE SEVERAL FUNDS. Separate Funds. No Division.

Section 1. The income and revenue paid into the treasury shall be at once apportioned to and kept in separate funds. It 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 long 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 treas- ury 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 tlie 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

36 Charter of the City and County of San Francisco.

the expenses necessary to the maintenance of »uch Library and Reading Rooms and the purchase of books therefor.

Surplus Fund and Purposes for Which It May Be Used.

Sec. 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.

3. To be carried over and apportioned among the funds and used in the ensuing fiscal year as part of the income and revenue thereof.

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. 6. 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.

Article III, Chapter II. Finance and Taxation. 37

Redemption of Outstanding Bonds.

Sec. 7. When 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 bonds 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 be awarded to the person 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, pay the amount to the person or persons to whom the same was awarded. No bid for the surrender of any of the bonds shall be accepted which shall require a greater sum of money for their redemption than the then worth of the principal and interest of the bonds, calculated with interest, not exceeding four per centum per annum. City May Purchase.

Section 7a. All franchises for street railways or franchises for railways crossing any street granted under this Charter shall be subject to the right 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 of 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. Such 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 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

38 Charter of the City and County of San Francisco.

in such notice to appoint within thirty days two arbitrators and notify the Mayor of their appointment. Such arbitrators shall meet and appoint a fifth arbitrator and shall make the valuation provided 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 Mayor in open meeting, in the same manner that the names of jurors are drawn from the jury box, and the 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 Mayor 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 quali- fied voters in the manner provided for the acquisition of any pub- lic 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 Board of Supervisors, be taken at not less than par by the said owner in payment 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 the person or company or corporation operating a street railroad shall be paid not less than $3 a day and that eight hours shall be the maximum hours of labor in any calendar day, the same to be

Article III, Chapter HI. Finance and Taxation. 39

completed 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 other lawful conditions which may be inserted in the grant of franchise, shall work an immediate for- feiture of the franchise and the road and track constructed there- under. There shall be no power in the Board of Supervisors to relieve from such forfeiture or from any such condition. — Sections 7a, 7h and 7c added hy amendment November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661).

[Note — Sections 7a, 7b and 7c were probably intended as amendments to Chapter II, Article II, but the petition calling for their submission expressly stated that they were to be added to Chapter II of Article III.]

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. Every 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.

40 Charter of the City and County of San Francisco.

Dally 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- formed; and like entries shall be made upon the stub of such receipt, which shall be kept by the Treasurer. The Treasurer shall place all such moneys in a fund to be designated 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 charge- any fee, commission, percentage, allowance, or compensation, for the performance of any official service or duty, as many official receipts as may be required, charging 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, beginning with number one in each class required for each officer for each fiscal year, and provided with a stub corresponding 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.

Sec. 6, When a receipt, as herein provided, is issued by the Treasurer, he must state therein the date of payment, the 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 make corresponding entries on the stub of each receipt.

Receipts of Other Officers.

Sec. 7. When any receipt is issued by any officer other than the Treasurer as herein provided, he shall state therein the day and hour of the delivery to him of the Treasurer's receipt, the nature of the service therein described, and the amount charged therefor, and the name of the person by whom such receipt is delivered to him, and shall make corresponding entries on the stub to which such receipt is attached.

Article III, Chapter III. Finance and Taxation. 41

Treasurer's Monthly Report.

Sec. 8. On the first day of each month the Treasurer must make to the Auditor a report under oath of all moneys received 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, the nature of the service, and the name and official designation of the officer performing the service. At the same time, or oftener, if required by the Auditor, 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 hands, unused or not issued, at the close of busi- ness on the last day of the preceding month.

Monthly Reports and Exhibits of Officers.

Sec. 9. On the first day of each month every officer authorized by law to charge 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 w^hich 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 settle 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 service, the number of miles actually traveled in making such service, the exact day whei» such service was made, and between what 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

42 Charter of the City and County of San Francisco.

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 for which he was employed, such officer shall, at the end of each month, prepare and deliver to the Auditor a statement vei^ified 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 Mayor. 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 previous approval. All demands payable out of the Common School Fund must, before they can be allowed or 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 w^hom, 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 the 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 shall, in addition to the other entries and indorsements upon the same required 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. The fiscal year within

Article III, Chapter IV. Finance and Taxation. 43

which the indebtedness was incurred. 4. The appropriation pro- vided to meet the demand. 5. The name of the specific fund out of which the demand is payable. Each demand shall have written or printed upon it a statement that the same can only be paid out of the income and revenue provided, collected and paid into the proper specific fund in the treasury for the fiscal year within wliieh 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 person has, or has received, moneys or other personal property belonging to the City and County, or has been intrusted with the collection, management or disburse- ment of any moneys, bonds, or interest accruing therefrom, belong- •ing to or held in trust by the City and County, and fails to render an account thereof to, and make settlement w4th, 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 belonging to the City and County upon being required to do so by the Auditor, within twenty days after such requisition, the Auditor must state an account with such person, charging twenty- five 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 pay- able montlily. Any demand upon the treasury accruing under this Charter shall not be paid, but shall be forever barred by limi- tation 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-

44 Charter of the City and County of San Francisco.

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. 45

ARTICLE IV.

EXECUTIVE DEPARTMENT.

CHAPTER I.

THE MAYOR. Qualifications. Term. Salary. Appointees In His Office. Salaries.

Section 1. The chief executive officer of the City and County shall be designated the Mayor. 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 shall receive an annual salary of six thousand dollars. He may appoint a Secre- tary, who shall receive an annual salary of twenty-four hundred dollars; an usher, who shall receive an annual salary of nine hun- dred dollars; and a stenographer and type- writer, w^ho shall re- ceive an annual salary of nine hundred dollars. All of said ap- pointees shall hold their positions at the pleasure of the Mayor.

Mayor's Duties.

Sec. 2. The Mayor shall vigilantly observe the official conduct of all public officers and the manner in which they execute their duties and fulfill their obligations. The books, records and official papers of all departments, officers and persons in the employ of the City and County shall at all times be open to his inspection and examination. He shall take special care that the books and records of all departments, boards, officers and persons are kept in legal and proper form. When any official defalcation or wilful neglect of duty or official misconduct shall come to his knowledge, he shall suspend the delinquent officer or person from office pending an official investigation.

The ^layor shall from time to time recommend to the proper officers of the different departments such measures as he may deem beneficial to public interest. He shall see that the law^s of the State and ordinances of the City and County are observed and enforced. He shall have a general supervision over all the depart- ments and public institutions, of the City and County, and see that they are honestly, economically and lawfully conducted, and shall liave 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 preservation of public order and the suppression of all riots and tumults, for w^hich purpose he may use and command the police force. If such police force is insufficient, he shall call upon the Governor for military aid in the manner provided by law, so that such riots or tumults may be promptly and effectually suppressed.

•Term made four years: Section 38a, Article XVI.

46 Charter of the City and County of San Francisco.

Execution of Public Contracts and Agreements. Actions to Annul For- feited Franchises. Postpone Franchises.

Sec. 3. The Mayor shall see that all contracts and agreements with the City and County are faithfully kept and fully performed. It 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 contract- ing party, forthwith to report to the Mayor all facts and informa- tion within his possession concerning such matter. A willful failure to do so shall be cause for the removal of such officer or employee. The Mayor shall give a certificate on demand to any person re- porting such facts and information that he has done so, and such certificate shall be evidence in exoneration from a charge of neglect of duty.

The Mayor must institute such actions or proceedings as may 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-Offlcio 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 writing 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 Mayoralty.

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 vacancy occurs in the office of Mayor, it shall be filled for the unexpired term by the Supervisors.

Article IV, Chapter 11. Executive Department. 47

CHAPTER II.

THE 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 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. The Auditor must always know the exact condition of the treasury and every demand upon it. He shall be in personal attendance 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 otlier financial affairs. He shall give informa- tion as to the exact condition of the treasury and of every appro- priation and fund thereof, upon demand of the IMayor, the Super- visors, 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 hundred dollars. The Auditor may also appoint two assistant deputies, w^ho 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 employed. The Auditor shall be allowed to expend not exceeding eighteen 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 Treasurer shall pay no money out of the treasury except upon demand approved by the Auditor. Any ordinance or law providing for the payment of any demand out of the treasury or any fund thereof (whether from public funds or from private funds deposited therein) shall always be construed as requiring the auditing of such demand by the Au- ditor before the same be paid. Demands to Be Numbered and Recorded.

Sec. 4. He shall number and keep an official record of all de- mands audited by him, showing the number, date, amount, name of the original holder, on what account allowed, against what appropriation drawn, out of what fund payable, and, if previously

♦Term made four years: Section 38a, Article XVI.

48 Charter of the City and County of San Francisco.

approved or allowed, 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 Must 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 by 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 his name thereto. No demand shall be approved, allowed, audited or paid unless it specify each special item, date 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

Article IV, Chapter III. Executive Department. 49

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 drawn upon the same specified fund, except for the purpose of determining its legality.

Payments for Work Outside of City.

Sec. 9. The Supervisors may by ordinance authorize and pro- vide for the payment through the agency of any regularly licensed bank in the State of California of wages, salaries or compensation due to any person or persons engaged on public work of the City and County outside of the limits thereof. In such cases, payrolls covering such wages, salaries or compensation must be first ap- proved by the board or officer in charge of such outside work and forwarded to the Auditor for his audit and approval. After ap- proving the same he shall, if so directed by such ordinance, draw his warrant for the gross amount of said payroll as approved in favor of such bank, and the Treasurer shall upon receipt of such w^arrant pay the amount thereof over to said bank for distribution to the persons entitled to the same in such manner as may by said ordinance be provided. — New section added hy amendment Novem- ber 5, 1918; approved hy the Legislature January 17, 1919 (Stat- utes, 1919).

CHAPTER III.

THE 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 Treasurer shall receive and safely keep all moneys which shall be paid into the treasury. Except as hereinafter pro- vided, 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 they shall have been approved by the Auditor. At the close of business each day, he shall take an account of and enter in the proper book the exact amount of money on hand. At the end of every month he shall make out and file with the Mayor and publish quarterly in the official newspaper a statement of the

•Term made four years: Section 38a, Article XVI.

50 Charter of the City and County of San Francisco.

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 provisions of this section, he shall be guilty of misconduct in office, and be liable to removal there- from, and be proceeded against accordingly. He shall keep the accounts belonging to each fund separate and distinct, and shall in no case pay demands chargeable against one fund out of moneys belonging to another. He 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 him 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, the Auditor and the Chairman of the Finance Committee of the Board of Supervisors, 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 deposited shall furnish as security for such deposits, bonds of the United 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 reasonable rate of interest, not less than 2 per cent per an- num, 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 ending 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 immediately. 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 belong to the City and County and shall be paid quarterly into the general fund of the City and County except where the law or this Charter other- wise 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.

Article IV, Chapter III. Executive Department. 51

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 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 the 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 Mayor, and any bank receiving the deposit of public moneys, may, at any time, return the same to the Treasurer, together with 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 demand 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 ]\Iayor) may, after ten days written notice to such bank, proceed to sell at public or private sale such of the bonds held by him as security as he may see fit; provided, however, that he shall sell no bonds for less than their face value except at public sale, after ten days printed notice in the official newspaper. The proceeds of such sale, after paying all expenses, shall be credited to the account of the bank which deposits the bonds as collateral. Any bank failing to make payment may, at any time before the sale of the ])onds is completed, stop such sale by repaying all the moneys de- posited with it, together with any expense that may have been in- curred by the Treasurer as the result of such failure. Should the proceeds of any such sale fail to fully repay any deposit, the bal- ance remaining unpaid may be collected in an 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- ance with the provisions of this act. It shall be the duty of the Treasurer to safely keep all evidence of indebtedness issued by banks for deposits made therein and bonds deposited as security and the Treasurer shall be responsible for such evidence of in-

52 Charter of the City and County of San Francisco.

debtedness and for bonds held as security therefor, together with the interest thereon and the proceeds of any sale of such bonds; and the Treasurer shall be responsible to such bank for the safe return of the securities furnished by it to the Treasurer.

The expense 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 moneys de- posited 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 November 7, 1916; approved by the Legislature January 18, 1917 (Statutes, 1917, page 1708). 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 knowledge 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 official 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 duties. The estimated amount of money required daily for the paj^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

Article IV, Chapter IV. Executive Department. 53

from what person or officer received, and into what fund or on what account paid. The Treasurer shall enter upon the stubs of 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 be paid by the Treasurer unless it specify each several item, date and amount composing it, and refer by title, date and section to the law, or ordinance or provision of this Charter authorizing the same ; but the allowance or approval of the Auditor, or of the Supervisors, or of any department, board or officer, of any demand which is not authorized by law or this Char- ter, and which upon its face appears not to have been expressly made payable out of the funds to be charged therewith, shall afford 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 applicable 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 kept for that purpose by the Treasurer. Such register shall show 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 holder, and on what account allowed and against what appropriation drawn and out of what specific fund payable. All demands shall be paid in the order of their registration. Each demand upon being 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.

CHAPTER IV.

THE ASSESSOR.

Term, Salary, Appointees and Salaries.

Section 1. There shall be an Assessor 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 four years. He shall receive an annual salary of eight thousand dollars, which shall be in full compensation for

54 Charter of the City and County of San Francisco.

all his services. He may appoint a chief deputy, who shall receive an annual salary of twenty-four hundred dollars ; one cashier, who shall receive an annual salary of eighteen hundred dollars; six assistant deputies, who shall receive an annual salary of eighteen hundred dollars 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 hy the Legislature February 5, 1903 (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. 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 twenty-four hundred dollars; one cashier, who 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

♦Term made four years: Section 38a, Article XVI.

Article IV, Chapter V. Executive Department 55

taxes due upon the delinquent tax list delivered to him for collec- 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. IVIontiily Statement of Licenses.

Sec. 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 required 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 exhibit to the Auditor all licenses on hand and the Treasurer's receipts for all moneys paid into the treasury.

CHAPTER VI.

THE 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 such for at least five years next preceding such election. He shall be 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 be prescribed by law or ordinance. He shall have the control and

♦Term made four years: Section 38a, Article XVI.

56 Charter of the City and County of San Francisco.

management of the Morgue of the City and County under such ordinances as the Supervisors may adopt.

Appointees. Salaries.

Sec. 2. He may appoint an autopsy physician who shall receive an annual salary of twenty-four hundred dollars; a chief deputy, who shall receive an annual salary of twenty-four hundred dollars ; three assistant deputies, who shall each receive an annual salary of fifteen hundred dollars; a stenographer and typewriter, 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.

Qualifications. Term. Salary. Appointees. Copyists. Compensation.

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 re- ceive an annual salary of twenty- four hundred dollars; five as- sistant 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 hundred 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 copyist 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 by the Legislature February 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. Upon 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 re- cording, 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 instruments and docu- ments 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.

♦Term made four years: Section 38a, Article XVI.

Article IV-A. Weights and Measures. 57

ARTICLE IV-A. DEPARTMENT OF WEIGHTS AND MEASURES.

SEALER OF WEIGHTS AND MEASURES AND DEPUTIES.

Section 1. The Sealer of Weights and Measures shall be ap- pointed by the Board of Supervisors. The Sealer may appoint such deputies and employees as may be allowed him by Ordinance of the Board of Supervisors. The salaries of the Sealer, his depu- ties and employees shall be that as fixed by law. The Sealer and his deputies shall have all the powers conferred upon Sealers of Weights and Measures and their deputies by the general laws of the State and they shall perform all of the duties prescribed by such laws and such additional duties as may be prescribed by Ordinances of the Board of Supervisors.

Civil Service Provisions. '

Sec. 2. The provisions of Article XlII of the Charter shall apply to the Sealer, his deputies and employees, and, for the pur- poses of said Article, the Board of Supervisors shall be deemed the appointing department as to the Sealer, and the Sealer the appoint- ing officer as to his deputies and employees. Any person who has served as Sealer of Weights and Measures of the City and County of San Francisco for a continuous period of six months imme- diately prior to the approval of this amendment by the Legisla- ture and who shall be actually serving as Sealer at the time of the approval of this amendment by the Legislature, and any person who has served as a deputy or employee of such Sealer for a like period and who shall be actually serving as such deputy or em- ployee at the time of the approval of this amendment by the Legis- lature, are hereby declared to be appointed within the provisions of said Article XIII to the office or position in which he may be then serving and shall be entitled to all the benefits of said Article thereafter.

Subject to State Laws.

Sec. 3. Nothing in this Article contained shall be in anywise construed as curtailing or affecting the powers and jurisdiction of the State Superintendent of Weights and Measures over the Sealer of Weights and Measures of the City and County and his deputies as the same are now or may hereafter be conferred upon the State Superintendent of Weights and Measures by the general laws of the State. — Article IV-A added hy amendment November 7, 1916; approved by the Legislature January 18, 1917 (Statutes, 1917, page 1708).

58 Charter of the City and County of San Francisco.

ARTICLE V.

LEGAL DEPARTMENT. 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. Salary. Term. Qualifications.

Section 1. There shall be an Attorney and Counselor of the City and County, who shall be styled City Attorney, and Avho shall receive an annual salary of five thousand dollars. He shall be elected by 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 five years of which he must have been an actual resident of the City and County. He shall devote his entire time and attention to the duties of his office.

Duties.

Sec. 2. He must prosecute and defend for the City and County all actions at law or in equity, and all special proceedings for or against the City and County; and whenever any cause of action at law or in equity or by special proceedings exists in favor of the City and County he shall commence the same when within his knowledge, and, if not within his knowledge, 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 requested so to do by them, or either of them, in writing, upon questions arising in their separate depart- ments involving the rights or liabilities of the City and County. He shall not settle or dismiss any litigation for or against the City and County under his control unless upon his written recom- mendation he is ordered to do so by the Mayor and Supervisors.

♦Term made four years: Section 38a, Article XVI.

Article V, Chapter II. Legal Department. 59

Records of City's Legal Proceedings.

Sec. 3. He sliall keep on file in his office 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. 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 eighteen 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 work 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 prescribed by him.

CHAPTER III.

THE 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.

•Term made four years: Section 38a, Article XVI.

60 Charter of the City and County of San Francisco.

Powers and Duties.

Sec. 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 Mondays 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 officially 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, three of whom shall act as prosecutors in the Superior Court, and shall 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 prosecutions 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 appoint one chief clerk, who shall receive an annual salary of eighteen hundred dollars; one assistant clerk, who shall receive an annual salary of twelve hundred dollars; and one stenographer and typewriter, who shall receive an annual salary of nine hun- dred dollars.

To Purchase Property on Execution Sales.

Sec. 4. The District Attorney may, in the name of the City and County, bid for and purchase property at execution sales under judgments for the recovery of fines, penalties or forfeitures accruing to the City and County.

Article V, Chapter IV. Legal Department. 61

CHAPTER IV.

THE PUBLIC ADMINISTRATOR. Powers and Duties. Allowed Fees for Compensation.

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 V. THE 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 receive 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 receive an annual salary of fifteen hundred dollars; sixteen copyists, 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.

♦Term made four years: Section 38a, Article XVI.

62 Charter of the City and County of San Francisco.

CHAPTER VI.

THE SHERIFF.

Term. Salary. Powers and Duties.

Section 1. The Sheriff shall be elected by the 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.

Sec. 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 Number 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 hundred 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 Peace shall each receive an annual salary of twenty-four hundred dollars, except the Presiding Justice, who shall receive an annual salary of twenty-seven hun- dred dollars. They shall appoint a Chief Clerk 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.

♦Term made four years: Section 38a, Article XVI.

Article V, Chapter VIII. Legal Department. 63

CHAPTER VIII. THE 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 electors 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. Xo 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 at 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.

They 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:

First — Exclusive jurisdiction of all prosecutions for the viola- tion of ordinances of the Board of Supervisors.

Second — Concurrent jurisdiction with 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 hereafter be conferred by law upon Jus- tices of the Peace.

64 Charter of the City and County of San Francisco.

Proceedings, How Conducted.

Sec. 3. Proceedings in said Court shall be conducted in accord- ance with the laws of this State regulating proceedings in Jus- tices' 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 appeal, 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 shall 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 suoh 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 the Court after a demurrer is sustained.

Fifth — A defendant in custody shall have the right to be tried before a defendant on bail, and felonies shall be heard before 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 cause therefor.

Seventh — Other than lawfully authorized surety companies, no person shall be eligible to be a bondsman for any defendant on trial in the Police Court, or on appeal from a judgment therein, except he take an oath that the property specified in the under- taking is in the City and County of San Francisco, and that he is worth the amount specified, exclusive of property exempt from execution, and exclusive of all demands for which he may become liable by reason of the forfeiture of any appeal or bail bonds for which he is surety.

Article V, Chapter VIII. Legal Department. 65

District Attorney Must Attend.

Sec. 4. The District Attorney, either in person or by his Assistants, must be present at the session of the Court and attend to the prosecution of all cases coming before it, and make out all complaints 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 Bond 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 office 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 sufficiency 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 following 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.

66 Charter of the City and County of San Francisco.

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 Mayor.

Who May Accept Ball.

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.

See. 10. The County Clerk shall be the Clerk of the Police Court, and he must be 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 Judges may appoint not more than two competent stenographers who shall attend the sessions of the <IIourt and take notes of all preliminary examinations made at the sessions, and transcribe 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 the 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 I\Iayor 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 cause 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 departments of the Court in accordance with the rules and regulations established by the Police Judges. The calendar shall state "the offense charged"; whether the defendant is ' ' in custody " or ' ' on bail " ; " the amount of bail"; "whether cash or bond," and "the name of the arrest- ing officer."

Article V, Chapter IX. San Francisco Law Library. 67

Bailiffs in Court.

Sec. 14. The Chief of Police shall appoint one or more Police Oflficers 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. The Police Judges shall adopt all necessary rules and regulations for conducting the business of the Court.

Attorneys' Qualifications.

Sec. 16. Xo 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 obtain jurisdiction of the same.

CHAPTER IX.

THE SAN FRANCISCO 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, attend- ants 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 (Jemands 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.

68 Charter of the City and County of Sa7i Francisco,

ARTICLE VI.

DEPARTMENT OF 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 fthe 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 Mayor. 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 appoint- 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 Char- ter, one shall be designated by the Mayor to serve as President for one year. All subsequent Presidents of the Board shall be elected by the members thereof for terms to be fixed by said Board. The President of the Board shall in each case hold office until his successor has been elected or until his membership on the Board expires.

Secretary of the Board. Salary. Employees. Compensation.

Sec. 3. The Board may appoint a Secretary who shall receive an annual salary of eighteen hundred dollars. The Board may employ such clerks, superintendents, inspectors, engineers, sur- veyors, deputies, architects and workmen as shall be necessary to a proper discharge of their duties under this Article, and fix their compensation; but no compensation to any of said persons shall be greater than is paid in the case of similar employments.

Rules and Regulations.

Sec. 4. The Board shall establish all necessary rules and regu- lations for its government, and for the performance of its duties, and for the regulation and conduct of its officers and employees; and shall require adequate bonds from its officers and employees, except laborers, for the faithful performance of all their duties in such sums as may be fixed by the Supervisors. Said bonds shall be approved by the Mayor and shall be filed in the office of the Auditor.

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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

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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 is 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, courts, 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 buildings through the streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks,, and of temporary 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 pipes, pneumatic or other tubes or pipes, and sewers and drains, and determining the location thereof; the using of the street or any portion thereof for the deposit of building mate- rial in front of a building during its construction or repair, or for any purpose other than such as ordinarily and properly belongs 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 the 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 County;

Cleaning and Sprinkling, and Lighting.

3. Of the cleaning and sprinkling of all public streets, avenues, alleys, places, courts, roads, highways and boulevards, and the lighting of the same and the lighting of the parks, squares and other public places and public buildings;

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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 building 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 tlie construction, maintenance and operation of any and all public utilities, owned, controlled or operated by the City and County, or which may hereafter be so constructed, owned, controlled or operated. Full authority is vested in the Board of Public Works to carry out the powers granted in this paragraph, and it may, in accordance with such ordi- nances as the Supervisors may enact, contract for work to be performed, or materials or equipment to be furnished, or for expert, technical or professional services to be rendered, wherever such work, services, materials or equipment are certified by the City Engineer to be necessary in connection with the construc- tion, maintenance or operation of such utilities. — As amended November 5, 1918; approved by the Legislature January 17, 1919 (Statutes, 1919).

Proceedings Relative to Excavation of Streets.

9. When at any time any person, company or corporation desires 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,

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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- poration. Said lien shall remain in force until such balance has been paid, or until the lien shall be legally discharged. Said lien may be enforced by suit brought by the City and County in accordance 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 surpliis 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 be made by the Board of Public Works and it shall when requested to do so, furnish information and data for the use of the Supervisors.

City Engineer and Duties.

Sec. 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. He shall hold his office at the pleasure of the Board.

He 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. He shall possess the same power in the City 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 ^nd be of the same force and effect as are or may be given by law to those of City Engineers and County Surveyors. No street assess- ments shall be valid without his certificate as to the quantities and unless it be to the effect that the work has been done to the official lines, elevations and grades.

City Engineer. Salary and Fees.

Sec. 12. He shall serve the Board exclusively and shall not be engaged in any other business while he is in its service. He shall receive no compensation except his salary. The Board shall by

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resolution establish fees and charges for the services to be per- 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 charges to be paid in advance for any official act or service demanded of him, and such moneys thus paid shall be paid to the Treasurer and credited by him to such fund or funds as said Board may direct.

Appointees of Board.

Sec. 13. The Board shall appoint the necessary heads of depart- ments under its charge. Each such head shall have the sole executive . control in its own department, subject to the rules and regulations 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 w^ork 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 gratuitiously 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 lias not ('olliidod, conspired, connived or agreed, directly or indi-

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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 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 improvement 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 w^ork. 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 shall be con- sidered. Each bid as it shall be received 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 abstract 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- retary of the Board in some conspicuous place in the office of the Board, and be published for the same period of time.

The Board may reject any and all bids, and must reject the bid of any party who has been delinquent or unfaithful in any former contract with the City and County, and all bids other than the lowest regular bid; and on accepting said lowest bid, shall there- upon return to the proper parties the checks corresponding to the bids so rejected. If all the bids are rejected, the Board shall return all the checks to the proper parties and again invite sealed proposals as in the first instance.

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The clieck accompanying the accepted bid shall be held by the Secretary of the Board until the contract for doing said work, as hereinafter provided, has been entered into, whereupon said certi- fied check shall be returned to said bidder. ,

If said bidder fails or refuses to enter into the contract to do said work, as hereinafter provided, then the certified check accorg- panying his bid, and the amount therein mentioned, shall be for- feited to the City and County, and shall be collected and paid into the General Fund. Neither the Board of Public Works nor the Supervisors shall have power to relieve from or remit such for- feiture.

Penalty for Collusion.

Sec. 18. If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void, and the Board shall advertise for a new contract for said work.

Owners of Major Part of Frontage May Do the Work.

Sec. 19. In the case of improvement of streets, the owners of the major part of the frontage of lots and lands upon the street whereon the work is to be done, or which are liable to be assessed for such work, or, in the case of an assessment district, the owners of a major part of the superficial area embraced in such district, or their agents, shall not be required to present sealed proposal:;, but may, upon making oath that they are such owners, or the agents of such owners, within ten days after the first posting of notice of said award, elect to take said work and enter into a written contract to do the whole work at the price at which the same has been awarded. Should such owners not enter into a written contract therefor within said ten days, or should they enter into such contract and fail to commence the work within the time stated therein, which time shall not be less than ten nor more than twenty days from the time of the execution of such contract, the Board shall enter into a contract with the original bidder to whom the contract was awarded at the price specified in his bid. If the original bidder shall fail or refuse for fifteen days after the first posting of notice of the award to enter into the contract, the Board shall again advertise for proposals as in the first instance.

Failure to Connplete Work.

Sec. 20. If the owners or contractor who may have entered into any contract do not complete the same within the time lim- ited in the contract, or within such further time as is hereinafter provided, the Board may relet the unfinished portion of said work in accordance with the provisions in this Chapter prescribed for the letting of the whole.

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Contracts by Board of Public Works. Bonds of Contractors, Progressive Payments.

Sec. 21. All contracts shall be drawn under the supervision of the City Attorney, and shall contain detailed specifications of the work to be done, the -manner in which it shall be executed, and the quality of the material to be used.

^ Every contract entered into by the Board shall be signed by all the members thereof, and by the other contracting party. All contracts shall be signed in triplicate, one of which, with the specifications and drawings, if any, of the work to be done, and materials to be furnished, shall be filed with the Clerk of the Supervisors; one thereof, with said specifications and drawings, shall be kept in the office of the Board, and the other, with said specifications and drawings, shall be delivered to the contractor. At the same time with the execution of the contract, the con- tractor shall execute to the City and County and deliver to the Secretary of the Board a bond in the sum named in the notice for proposals, with two or more sufficient sureties to be approved by the Board, or shall deposit with the Secretary a certified check upon some solvent bank for said amount, for the faithful per- formance of the contract. No surety on any bond other than law- fully authorized surety companies shall be taken unless he shall be a payer of taxes on real property, not exempt from execution or subject to homestead claim,' the assessed value of which, over and above all incumbrances, is equal in amount to his liabilities on all bonds on which he may be surety to the City and County and each surety shall justify and make an affidavit (for which a form shall be printed upon said bond) signed by him, that he is assessed upon the last assessment book of the City and County in his own name, for real property, in an amount greater than his liability on all bonds on which he is surety to the City and County, and that the taxes on such property so assessed are not delinquent.

The contract shall specify the time within which the work shall be commenced, and when to be completed, as was specified in the notice inviting proposals therefor. Upon the recommendation of the Board, the Supervisors may extend said time, but in no event shall the time for the performance of said contract be extended ^by the Supervisors more than ninety days beyond the time origi- ,nally fixed for its completion; but, on the unanimous recommen- dation of the Board of Public Works, a further extension may be granted by vote of fourteen members of the Board of Supervisors.

In case of failure on the part of the contractor to complete his contract within the time fixed in the contract, or within such extension of said time as is herein provided, his contract shall be void, and the Supervisors shall not thereafter pay or allow to him any further compensation for any work done by him under said contract; and in the case of the improvement of streets, where the work is to be paid for by assessment levied upon real property, no assessment shall be made for the work done under said contract.

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Any contract may provide for progressive payments if in the ordinance authorizing or ordering the work permission is given for such a contract. But no progressive payments can be pro- vided for or made at any time which, with prior pajonents, if there have been such, shall exceed in amount at that time seventy- five per cent of the value of the labor done and materials fur- nished and used up to that time, and no contract shall provide for or authorize or permit the payment of more than seventy-five per cent of the contract price before the completion and accept- ance by the proper officer or board of the work done under said contract. — As amended November 5, 1907 ; approved by the Legis- lature November 23, 1907 (Statutes Special Session, 1907, page 35).

Acceptance of Work.

Sec. 22. The work in this Article provided for must be done under the direction and to the satisfaction of the Board of Public Works; and the materials used must be in accordance with the specifications and be to the satisfaction of said Board, and all contracts provided for in this Article must contain a provision to that effect, and also, that in no case, except where it is otherwise provided in this Charter, will the City and County, or any depart- ment or officer thereof, be liable for any portion of the expense, or in the case of improvement of streets, for any delinquency of persons or property assessed.

When said work shall have been completed to the satisfaction and acceptance of the Board, it shall so declare by resolution, and thereupon the Board shall deliver to the contractor a certificate to that effect.

CHAPTER II.

IMPROVEMENT OF STREETS. Street Improvement. Width and Grade.

Section 1. All streets, lanes, alleys, places or courts, in the City and County, now open or dedicated or which may hereafter be opened or dedicated to public use, shall be deemed and held to be open public streets, lanes, alleys, places or courts, for the pur- poses of this Chapter; and the Supervisors are hereby empowered to fix the width and grade thereof, and to order to be done therein and thereon any and all street work and street improvement under the proceedings hereinafter described.

Application. Board to Recommend Work. Recommendation of Board to Supervisors.

Sec. 2. Application for the doing of any such work or improve- ment must in the first instance, except where otherwise provided in this Article, be made in writing to the Board of Public Works by an owner or owners of property liable to be assessed for the same, or by their agents, or by the Board of Health for sanitary reasons, or by the Supervisors, expressed by resolution.

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Such application need but in general describe or refer to the work or improvement applied for; and if the expense thereof or any portion of such expense is to be assessed upon private prop- erty, the Board of Public Works shall investigate the same and may modify, amend, alter, or increase the same, as it may deem proper ; and if the Board determine that the work or improvement so applied for, or as so modified, amended, altered or increased, is expedient, it shall so report to the Supervisors; the Supervisors shall not order any such improvement until the same has been recommended by said Board. When the construction of any sewer or drain shall involve a cost of more than five dollars per lineal foot for any block, it shall not be authorized except by an ordinance passed by the affirmative vote of not less than fourteen members of the Board of Supervisors. If an application is made for any work or improvement of which the expense is to be paid by the City and County, and the Board of Public Works shall not approve of such application, it shall report to the Supervisors its reasons for such disapproval, and the Supervisors may then, after having obtained from the Board of Public Works an estimate of the expense of said work or improvement, by ordinance passed by the affirmative vote of not less than fourteen members of the Board of Supervisors, order the doing of said work, or the making of said improvement.

The Board of Public Works may also, except as herein pro- hibited, recommend any improvement, the expense of which is to be paid by the City and County, though no application may have been made therefor, and must make, with said recommendation to the Supervisors, an estimate of the expense, and in such case the Supervisors may order the same done.

No street Avork or street improvements of any kind shall be ordered to be done by the Supervisors unless a written recommen- dation to do the same has been made to them by the Board of Public Works, except in the case hereinbefore provided, and all such recommendations shall be made matters of record in the office of said Board.

When the Board shall recommend any work to be done on a street intersection or crossing, where the streets do not intersect each other at right angles, it shall in each such case determine what lots in the blocks adjacent to such intersection or crossing will be benefited by said work, and shall cause a map to be made on which shall be delineated the lots so to be benefited. Such map shall be transmitted to the Supervisors with said recommenda- tion.— As amended December 4, 1902; approved hy the Legislature Fehniary 5, 1903 (Statutes, 1903, page 587).

Posting and Mailing of Notices.

Sec. 3. Before recommending to the Supervisors the ordering of any work or improvement, the expense of which, or any part thereof, is to be assessed upon private property, the Board of

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Public Works shall pass a resolution of its intention to recom- mend the same, specifying the work to be recommended, and shall fix a day when it shall take final action upon said resolution.

Upon the passage thereof the Secretary of the Board shall forth- with, without any further authority, cause a copy of said resolu- tion to be posted conspicuously for five days in the office of said Secretary, and to be published for a period of ten days (legal holidays excepted) and cause a copy to be deposited in the Post Oflfice at the City and County, with postage prepaid, addressed to each person represented on the Assessment Book of the City and County for the next preceding fiscal year as being ow^ner of land liable to be assessed for said improvement; but if said lot stand on said book in the name of unknown owners, such notice need not be sent.

The Board shall also cause to be conspicuously posted along the line of said contemplated improvement, at points not more than one hundred feet in distance apart, notices not less than three in all, of the passage of said resolution. Each of said notices shall be headed '^ Notice of Street Work" in letters of not less than two inches in length, and shall in legible characters state the fact of the passage of said resolution, its date, and briefly, the work or improvement proposed, and refer to the resolution of intention for further particulars.

Owners May Make Protest. Proceedings to Be Taken.

Sec. 4. The owners of a majority of the frontage of the prop- erty fronting on said proposed work or improvement, where the same is for one block, or more, and, in the case of a district, those owning more than one-half of the superficial area of the district, exclusive of street surface, may make written objections to the same within ten days after the expiration of the time of the pub- lication of said resolution of intention, which objections shall be delivered to the Secretary of the Board of . Public Works, who shall indorse thereon the date of their reception by him. Such objections shall delay for six months any further proceedings in relation to the doing of said work or making said improvement, under the said resolution of intention, unless the owners of the one-half or more of the frontage or of the district, as aforesaid, shall meanwhile petition for the same to be done, and thereupon the proceedings shall be continued under the said resolution of intention, if said Board shall deem proper.

If, however, the owners of at least two-thirds of the property fronting on said proposed work or improvement, and, in case of a district, those owning at least two-thirds of the superficial area of the district, exclusive of street surface, shall make written ob- jections to the said proposed work or improvement, after the expiration of the time hereinbefore fixed for making the objections in the first instance to the same (and w^hich objections delayed for six months any further proceedings in relation to the doing of

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said work or making said improvement under said resolution of intention) and before the expiration of the said six months, no further proceedings shall be taken under the said resolution of intention. But if no such objections have been made, then the Board of Public Works, after the expiration of six said months, shall, if it deem proper, continue the proceedings under the reso- lution of intention aforesaid, notwithstanding the objections first made, as hereinbefore provided, or any further objections to the doing of said work or making said improvement.

But when the work or improvement proposed to be done is the construction of sewers, manholes, culverts, drains, cess-pools, catch basins or storm water inlets, or of sidewalks, or of curbs, or any work or improvement on a street crossing, or on a street intersection, and written objections thereto have been delivered to the Secretary of the Board of Public Works within the time hereinbefore provided, by the owners of a majority of the front- age or of the district aforesaid, and in case of work or improve- ment on a street crossing or a street intersection, by the owners of a majority of the street frontage liable to be assessed therefor, the Board shall, at its next meeting, fix a time for hearing said objections, not less than one week thereafter. The Secretary of the Board shall thereupon notify the persons making such objec- tions by depositing a notice thereof in the Postoflfice at the City and County, postage prepaid, and addressed to each objector or his agent when he appears for such objector. At the time speci- fied the Board shall hear the objections urged, and pass upon the same, and its decision shall be final and conclusive; and if said objections are overruled the proceedings shall be continued as though no objections had been made.

And when not more than two blocks on a street, including street crossings, remain ungraded to the official grade, or other- wise unimproved, in whole or in part, and a block or more on each side upon such street has been so graded or otherwise improved, or when not more than two blocks at the end of a street remain so ungraded or otherwise unimproved, proceedings for the doing of any work or improvement, upon said intervening ungraded or unimproved part of said street, or at the end of a street, shall not be stayed or prevented by any written or other objections, unless the Board shall deem proper.

And if one-half or more in width or in length, or as to grading, one-half or more of the grading work, of any street lying and being between two successive main street crossings, or if a crossing has been already partially graded or improved, as aforesaid, the Board may proceed as in this Chapter provided, to have the remainder improved, graded, or otherwise, notwithstanding any objections of property owners.

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

Article VI, Chapter II. , Department of Public Works. 81

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, wherein 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 specified 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 district.

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 ; and so on in like manner until a district has been set out to the extent and boundaries of which all objections shaft be overruled by the Board — its decision in that behalf to be final and conclu-

82 Charter of the City and County of San Francisco.

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.

Completion 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. Assessment 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 mentioned in the next preceding section shall have been made, the Board shall make an assessment to cover the sum due for the work performed and specified in said contract (including all incidental expenses), in conformity with the provisions of this Article, according to the nature and character of the work. The assessment shall briefly refer to the contract, the work contracted for and performed, and shall show the amount to be paid therefor, together with any inci- dental expenses, the rate per front foot assessed, the amount of each 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 or street crossing on which the work has been done, and showing the relative location of each distinct lot to the work done, numbered to correspond with the numbers in the assessment, and showing the number of front feet assessed for said work. A mistake in the name of the owner shall not invali- date any assessment.

When the e:3^pense of such work falls in part upon any person, company or corporation having 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

Article VI, Chapter II. Department of Public Works. 83

legal proportion of said expense, and the same shall constitute a lien upon the road-bed, 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 warrant, 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 w^ork 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 Caunty, 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, culverts 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 pro- vided, 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, together with all assessments 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 preceding Assess- ment 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, other than that to be paid by a person, company or corporation

84 Charter of the City and County of San Francisco.

having tracks on the street where such work and improvement has been done, shall be assessed upon the lots and lands fronting 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.

Subdivision 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 Section 23 of this Chapter, shall be assessed upon the lots and lands as provided in this section according to the nature and character of the work.

Work on Main Street Crossings.

Subdivision Three — The expense of the work done on main street crossing shall be assessed at a uniform rate per front foot on the quarter blocks and irregular blocks adjoining and cornering 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.

iVIaIn Street Terminating in Another Main Street.

Subdivision Four — Where a main street terminates in another main street, the expense of the work done on one-half of the 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 such lots on said main street, and the expense of the other half of the width of said street upon the lot or lots fronting on the latter half of the street at such ter- mination.

Alley Crossing Main* Street.

Subdivision Five — Where any alley or subdivision street crosses a main street, the expense of all work done on said crossing shall be assessed on all lots or portions of lots half way on said alley or subdivision street to the next crossing or intersection, or to the end of such alley or subdivision street if it does not meet another.

Alley Crossings.

Subdivision Six — The expense of work done on alley or subdivi- sion street crossings shall be assessed upon the lots fronting upon such alley or subdivision streets on each side thereof, in all direc- tions, half way to the next street, place or court, on either side, re-

Article F/, Chapter II. Department of Public Works. 85

spectively, or to the end of such alley or subdivision street, if it does not meet another.

Alley Terminating in Another Street.

Subdivision Seven — Where a subdivision street, avenue, lane, alley, or place or court, terminates in another street, avenue, lane, alley, place or court, the expense of the work done on one-half the width of the subdivision street, avenue, alley, place, or court oppo- site the termination, shall be assessed upon the lot or lots fronting upon such subdivision street or avenue, lane, alley, place, or court so terminating, according to its frontage thereon, half-way on each side, respectively, to the next street, avenue, lane, alley, court, or place, or the end of such street, avenue, lane, alley, place, or court, if it does not meet another, and the other one-half of the width upon the lots fronting such termination.

Work to Complete Unimproved Portion of Street.

Subdivision Eight — "Where any work mentioned in this Chap- ter, manholes, cesspools, culverts, crosswalks, piling and capping excepted, is done on either or both sides of the center line of any street for one block or less, and further work opposite to the work of the same class already done is ordered to be done to complete the unimproved portion of said street, the assessment to cover the total expense of said work so ordered shall be made upon the lots or portions of the lots only fronting the portions of the work so ordered. When sewering or resewering is ordered to be done under the sidewalk or only on one side of street for any length thereof, the assessment for its expense shall be made only upon the lots and lands fronting nearest upon that side, and for inter- vening intersections only upon the two quarter blocks adjoining and cornering upon that side.

Owners May Do the Grading in Front of Their Lots.

Subdivision Nine — Any owner or owners of lots or lands front- ing upon any street, the width and grade of which have been estab- lished by the Supervisors, may perform at his or their own expense (after obtaining permission from the Board of Public Works so to do, but before said Board has passed its resolution of intention to recommend grading inclusive of this) any grading upon said street, to its full width, or to the center line thereof, and to its grade as then established, and thereupon may procure, at his or their own expense, a certificate from the City Engineer setting forth the num- ber of cubic yards of cutting and fillinsr made by him or them in said grading, and the proportions performed by each owner, and that the same is done to the established width and grade of said street, or to the center line thereof, and thereafter mav file said certificate in the office of the Board. Said certificate shall be re- corded in a properly indexed book kept for that purpose in the office of the Board. Whenever thereafter the Supervisors order

86 Charter of the City and County of San Francisco.

the grading of said street, or any portion thereof, on which any grading certified as aforesaid has been done, the bids and contract must express the price by the cubic yard for cutting and filling in grading, and such owner or owners, and his or their successors in interest, shall be entitled to credit on the assessment upon his or their lots and lands fronting on said street for grading thereof, to the amount of the cubic yards of cutting and filling set forth in his or their said certificate, at the prices named in the contract for said cutting and filling; or, if the grade meanwhile has been legally changed, only for so much of said certified work as would be re- quired for grading to the grade as changed. Such owner or own- ers shall not be entitled to any credit that may be in excess of the assessments for grading upon the lots and lands owned by him or them, and proportionately assessed for the whole of said grading. The Board shall include in the assessment for the whole of said grading upon the same grade the number of cubic yards of cutting and filling set forth in any and all certificates so recorded in his office, or for the whole of said grading to the changed grade so much of said certified work as would be required for grading thereto, and shall enter corresponding credits, deducting the same as pay- ments upon the amounts assessed against the lots and lands owned respectively by said certified owners and their successors in inter- est; but he shall not include any grading quantities or credit any sums in excess of the proportionate assessments for the whole of the grading which are made upon any lots and lands fronting upon said street and belonging to any such' certified owners or their successors in interest. When any owner or owners of any lots and lands fronting on any street shall have heretofore done, or shall hereafter do any work, except grading, on such street, in front of any block, at his or their own expense, and the Super- visors shall subsequently order any work to be done of the same class in front of the same block, the work so done at the expense of such owner or owners shall be excepted from the order ordering work to be done, as provided in subdivision ten of this section; but the work so done at the expense of such owner or owners shall be upon the official grade, and in condition satisfactory to the Board of Public Works at the time said order is passed.

Resolution of intention.

Subdivision Ten — The Board of Public Works may include in the resolution of intention any of the different kinds of work mentioned in this Chapter, and it may except therefrom any of said work already done upon the street to the official grade. The lots and portions of lots fronting upon said accepted work, already done shall not be included in the frontage assessment for the class of work from which the exception is made; but this shall not be construed so as to aft'ect the special provisions as to grading con- tained in subdivision nine of this section.

Article VI, Chapter II. Department of Public Works. 87

Estimate and Assessment Upon Completion of Contract.

Subdivision Eleven — When the resolution of intention declares tliat the expense of the work and improvement is to be assessed upon a district, immediately after the contractor has fulfilled his contract to the satisfaction of the Board of Public Works, or to the satisfaction of the Supervisors on appeal, the Board of Public Works shall proceed to estimate upon the lands, lots, or portions of lots within said assessment district, as shown by the diagram provided for in section five of this Chapter, the benefits arising from such work, and to be received by each such lot, portion of such lot, piece or subdivision of land, and shall thereupon assess upon and against said lands in said assessment district the total amount of the expense of such proposed work, and in so doing shall assess said total sum upon the several pieces, parcels, lots, or portions of lots, and subdivisions of land in said district bene- fited thereby, to- wit: Upon each respectively in proportion to the estimated benefits to be received by each of said several lots, por- tions of lots, or subdivisions of land. In other respects the assess- ment shall be as provided in this Chapter.

Board May Establish Method of Assessment.

Sec. 10. If at any time there shall be any street work or im- provement done, and none of the methods hereinbefore provided are legally sufficient to authorize the Board of Public Works to make an assessment to pay for the expense thereof, then said Board shall, before it passes a resolution of its intention to recom- mend the ordering of said work or improvement, establish by reso- lution a method by means of which such assessment shall be made ; and on the completion of the work or improvement to the satis- faction of said Board, or to the satisfaction of the Supervisors on appeal, said Board shall make an assessment to pay the expense thereof according to the method established by said resolution.

Assessments Authenticated.

Sec. 11. In making all assessments the Board of Public Works shall act as a Board, and the assessment shall be authenticated by the signatures of all the members thereof.

Warrant Attached to Assessment. Form of Warrant for Street Work.

Sec. 12. To said assessment shall be attached a warrant which shall be signed by the President of the Board of Public Works and countersigned by the Secretary thereof. Said warrant shall be substantially in the following form:

By virtue hereof the Board of Public Works of the City and County of San Francisco, by the authority vested in it, does au- thorize and empower (name of contractor) his (or their) agents, or assigns, to demand and receive the several assessments upon the assessment and diagram hereto attached, and this shall be his (or their) warrant for the same.

88 Charter of the City and County of San Francisco.

(Date) . (Name of President of Board of Public

Works) .

Countersigned by (Name of Secretary of Board of Public Works) .

Said warrant, assessment and diagram shall be recorded in the office of the Board. When so recorded the several amounts assessed shall be a lien upon the lands, lots, or portions of lots assessed, re- spectively, for the period of two years from the date of said record- ing, unless sooner discharged ; and from and after the date of said recording of any warrant, assessment and diagram, all persons interested in said assessment shall be deemed to have notice of the contents of the record thereof.

After said warrant, assessment and diagram are recorded, the same shall be delivered to the contractor^ or his agent or assigns, on demand, but not until after the payment to the Board of the incidental expenses not previously paid by the contractor or his assigns. By virtue of said warrant said contractor, or his agents or assigns, shall be authorized to demand and receive the amount of the several assessments made to cover the sum due for the w^ork specified in such contracts and assessments.

When it shall appear by the final judgment of any court in this State having jurisdiction to render such judgment, that any suit brought to foreclose the lien of any assessment for street work made under this Chapter, or in the recording thereof, has been defeated by reason of any defect, error, informality, omission, irregularity, or illegality, thereof or therein, or in the return on the warrant issued pursuant to any such assessment, or in the recording of any such warrant, any person interested therein may, at any time within seven months after the entry of said final judgment, apply to the Board for another assessment to be issued in conformity to law; and the Board shall, within sixty days after the time of said application, make and deliver to said applicant a new assessment, diagram and warrant in accordance with law, and sign, record and authenticate the same as above provided. Such assessment shall be a lien upon the lots of land set out therein for the period of two years from the date of its recording, and suit may be brought to enforce said lien as provided in this Chapter. Should such final judgment be that of the Superior Court for the City and County and an appeal therefrom to the Supreme Court of the State has been taken, no such other assessment shall be made until said appeal has been determined.

How Assessments Are Paid.

Sec. 13. The contractor or his assigns, or some person on his or their behalf, shall call upon the persons assessed, or their agent, if they can conveniently be found, and demand payment of the amount assessed to each. If any payment be made, the con- tractor, his assigns, or some person on his or their behalf, shall

Article T/, Chapter 11. Department of Puhlic Works. 89

receipt the same upon the assessment in the presence of the per- son making such payment, and shall also give a receipt if de- manded. When the persons so assessed, or their agents, cannot conveniently be found, or when the owner of the lot is stated as ''unknown" upon the assessment, then said contractor or his assigns, or some person on his or their behalf, shall publicly de- mand payment on the premises assessed.

The warrant shall be returned to the Board of Public Works within thirty days after its date with a return indorsed thereon, signed by the contractor or, his assigns, or some person on his or their behalf, verified upon oath, stating the nature and char- acter of the demand, and whether any of the assessments remain unpaid in whole or in part, and the amount thereof. Thereupon the Secretary of the Board shall record the return so made in the margin of the record of the warrant and assessment.

The Board can at any time receive the amount due upon any assessment and warrant issued by it and give a good and sufficient discharge therefor; but no such payment so made after suit has been commenced shall operate, without the consent of the plaintiff in the action, as a complete discharge of the lien until the costs in the action shall be refunded to the plaintiff.

The Board may release any assessment upon the books of its office on the payment to it of the amount of the assessment, with interest, against any lot, or on the production to it of the receipt of the party or his assigns to whom the assessment and warrant were issued. If any contractor shall fail to return his warrant within the time and in the form provided in this section he shall thenceforth have no lien upon the property assessed; but if any warrant is lost, upon proof of such loss, a duplicate may be issued, upon which a return may be made with the same effect as if the original had been so returned. After the return of the assessment and warrant as aforesaid, all amounts remaining due thereon shall draw interest at the rate of seven per centum per annum until paid.

Appeal to Supervisors From Decision of Board, and Proceedings Tliereon,

Sec. 14. The owners, w^hether named in the assessment or not, the contractor or his assigns, and all other persons directly inter- ested in any work provided for in this Chapter, or in the assess- ment, feeling aggrieved by any act or determination of the Board of Public Works in relation thereto, or who claim that the work has not been performed according to the contract in a good and substantial manner, or having or making any objection to the correctness or legality of the assessment or other act, determina- tion, or proceedings of the Board, shall, within thirty days after the date of the warrant, appeal to the Supervisors, by briefly stating their objections in writing and filing the same with the Clerk of the Supervisors. Notice of the time and place of the hearing, briefly referring to the work contracted to be done, or

90 Charter of the City and County of San Francisco.

other subject of appeal, and to the acts, determinations or pro- ceedings objected to or complained of, shall be published for five days. Upon such appeal the Supervisors may remedy and correct any error or informality in the proceedings, and revise and correct any of the acts or determinations of the Board relative to said work, may confirm, amend, set aside, alter, modify or correct the assessment in such manner as to them shall seem just; and require the work to be completed according to the directions of the Super- visors, and may, at their option, direct the Board of Public Works to correct the warrant, assessment or diagram in any particular, or to make and issue a new warrant, assessment and diagram to con- form to the decisions of the Supervisors in relation thereto.

All the decisions and determinations of the Supervisors, upon notice and hearing as aforesaid, shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, as to all errors, informalities and irregularities, which the Super- visors might have remedied and avoided; and no assessment shall be held invalid, except upon appeal to the Supervisors, as pro- vided in this section, for any error, informality or other defect in the proceedings prior to the assessment, or in the assessment itself, where the Board of Public "Works has acquired jurisdiction to make the same.

Assessments Collected by Suit.

Sec. 15. At any time after the period of thirty-five days from the day of the date of the warrant, or if an appeal has been taken to the Supervisors, then, at any time after five days from the de- cision of the Supervisors on such appeal, or after the return on the warrant, after the same may have been collected, altered or modi- fied, as herein provided, but not less than within thirty-five days from the date of the warrant, the contractor or his assignee may sue in his own name the owner or the mortgagee of the land, lots, or portions of lots assessed on the day of the date of the recording of the warrant, assessment and diagram, or any day thereafter during the continuance of the lien of said assessment, and recover the amount of any assessment remaining unpaid, with interest thereon at the rate of seven per centum per annum until paid.

In all cases of recovery under the provisions of this Chapter the plaintiff shall recover the sum of fifteen dollars in addition to the taxable costs, as attorney's fees, but not any percentage upon said recovery. When suit has been brought, after a personal demand has been made and a refusal to pay such assessment so demanded, the plaintiff shall also be entitled to have and recover said sum of fifteen dollars as - attorney 's fees in addition to all taxable costs, notwithstanding that the suit may be settled or a tender be made before a recovery in said action, and he may have judgment therefor.

Said warrant, assessment and diagram, with the affidavit of de- mand and non-payment, shall be held prima facie evidence of the

Article VI, Chapter II. Department of Public Works. 91

regularity and correctness of the assessment and of the prior pro- ceedings and acts of the Board of Public Works and of the Super- visors upon which said warrant, assessment and diagram are based, and like evidence of the right of the plaintiff to recover in the action. The Court in which said suit shall be commenced shall have power to adjudge and decree a lien against the lots of land assessed, and to order such premises to be sold on execution as in other cases of the sale of real estate by the process of said Courts. In all actions brought to enforce the lien of assessments made pursuant to the provisions of this Chapter the proceedings therein shall be governed and regulated by the provisions of this Chapter, and when not in conflict herewith, by the Codes of this State.

Repairs to Streets Not Yet Accepted Must Be Done by Owners; If Not Done, Board May Do So. Bids for Repairs. Owners Liable for Amount. Certificate of the Board Upon Completion.

Sec. 16. When, in the judgment of the Board of Public Works, any portion of the roadway of any improved street, avenue, lane, alley, court or place, or any portion of any sidewalk thereof, in the City and County, none of which has been accepted by the Supervisors as by law or as in this Charter provided, shall be so out of repair or in such condition as to endanger persons or prop- erty passing thereon, or so as to interfere with the public con- venience in the use thereof, the Board is authorized to notify the owner or owners of any lot fronting on said portion of said street, avenue, lane, alley, court or place, or fronting on such portion of said sidewalk so out of repair or in such condition as aforesaid, by a notice in writing to be delivered to him, or his agent, or to any of the persons referred to in Section 19 of this Chapter (and for the purposes of this section any of such persons shall be deemed the "owner"), requiring such owner to repair, or reconstruct, or improve forthwith, in such manner and with such material as the Board may determine and direct, said portion of said street, ave- nue, lane, alley, court or place, to the center line thereof, or said portion of said sidewalk in front of the lot of which he is the ow^ner.

If said repair, reconstruction or improvement be not begun within five (5) days after notice given as aforesaid, and diligently and without interruption prosecuted to completion, the Board may, if it so determine, enter into a contract with any suitable person at the expense of such owner for the doing of the work of the required repair, or reconstruction, or improvement after the following pro- ceedings as in this section hereinafter provided shall have been taken by the Board.

The Board shall cause a notice inviting sealed bids for the doing of said required work to be conspicuously posted in its office for three days (legal holidays excepted), together with the specifica- tions for such required work. The said notice shall specify the day and hour w^hen such sealed bids must be delivered to the Board, and shall contain a general description of the work to be done, the time

92 Charter of the City and County of San Francisco.

within which the work is to be commenced and when to be com- pleted, and the amount of the certified check hereinafter provided for as a guaranty for the faithful performance of the contract, and shall refer to the specifications posted therewith. On the day and at the hour specified in said notice, the Board shall assemble and remain in session for at least one hour, and all such bids shall be delivered to the Board while it is so in session and within the hour named in the said notice. At the expiration of the hour stated in the said notice within which the bids shall be received, the Board shall, in open session, open, examine and publicly declare the same, and an abstract of each bid shall be recorded in the minutes of the Board by the Secretary. The Board shall award the contract to the lowest responsible bidder, if in its judgment the bid of such bidder is reasonable and just.

The Board may for good cause reject any and all bids, and must reject the bid of any party who has been delinquent or unfaithful in any former contract awarded to him by the Board.

No bid shall be considered by the Board unless it be accompanied by a check, certified by a responsible bank, payable to the order of the Clerk of the Supervisors of the City and County, for an amount determined by the Board and specified in said notice invit- ing bids. Such check shall be held by the Board as a guaranty that the bidder to whom the contract has been awarded, as herein- before provided, will enter into contract to do said work and faith- fully perform such contract.

If said bidder fails or refuses to enter into the contract to do said work as hereinafter provided, or if after having entered into the said contract said bidder fails to faithfully perform the con- tract, then the said certified check accompanying his bid shall be forfeited to the City and County, and shall be collected and paid into the General Fund thereof.

The bidder to whom the contract for the said work has been awarded shall enter into a written contract therefor with the Board of Public Works within five (5) days after the date of the award thereof. Upon the completion of the required repair, reconstruc- tion or improvement by the contractor as aforesaid to the satisfac- tion of the Board, it shall make and deliver to the contractor a certificate to the effect that such repair, reconstruction or improve- ment has been properly made by said contractor, and that the charges for the same are reasonable and just, and that the Board of Public Works has accepted the same. Upon the issuance of the said certificate the Board shall surrender to the contractor the cer- tified check hereinbefore provided for.

Until the sidewalk or the roadway of any improved street, ave- nue, lane, alley, court or place in the City and County is finally accepted as by law or as in this Charter provided, the obligation to repair, reconstruct or improve the same is imposed upon the owner or owners of the lots fronting thereon. — As amended November 15, 1910; approved hy the Legislature February 17, 1911 (Statutes, 1911, page 1661),

Article V/, Chapter II. Department of Public Works. 93

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 last preceding section be not paid on demand to the contractor so employed, 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 FurtFier 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 owning 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 re- garded, treated and deemed to be the *'o\vner" for all the pur- poses of this Chapter. And in case of property leased, the posses- sion of the tenant or lessee holding and occupying under such per- sons 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 p'ay 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 o^vne^.

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

94 Charter of the City and County of San Francisco.

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 age 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 cost 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, w^hich 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 portion of any street required 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 notify said person, company, or corporation of the fact of the passage of such ordinance.

The Secretary of said Board shall thereupon forthwith in writing notify said person, company or corporation of the passage of said ordinance; and if said person, company or corporation shall not within ten days after receiving said notice commence in good faith to do said w^ork and prosecute the same dilierently to completion, the Board shall invite sealed proposals for doing said work in the manner provided in this Article; and all the provisions of this

Article V/, Chapter II. Department of Public Works. 95

Article in regard to such proposals, to the awarding of contracts, to the 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 shall be entitled to recover from such person, company or corporation the 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 the Board of the completion of said work to its satisfaction shall be prima facie evidence of the regularity of all the proceedings prior thereto and of plaintiff's right to recover in said action.

Full Width of Street.

Sec. 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 lying 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. 26. Wherever in this Article the word "street" occurs, it shall be 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 established ; and the grade of all intermediate or intersecting streets in any one block shall be deemed to conform to the grades as established at the crossings of the main streets.

The word ''improvement" shall be held to include grading, pav- ing, planking, macadamizing, piling and capping ; and the construc- tion and repairs of sewers, cesspools, 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.

The 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 w^ay 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 shall have transferred to the City and County all right to the use of the same therein, with the pri\alege to any person to manufac-

96 Charter of the City and County of San Francisco.

ture and lay the same upon the streets under any contract that may be awarded to him, or entered into by him with the City and County.

The term '^ expense" shall include the price at which the con- tract was awarded, and the term "incidental expenses" shall in- clude all expenses incurred in printing and advertising the work contracted for, and all expenses for surveying, measuring and in- specting the work.

All notices and resolutions required in this Article to be pub- lished shall be published daily, legal holidays excepted, in the official newspaper.

All notices herein required to be served, whether by delivery mailing or posting, may be so served by any male citizen of the 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 dist-ance 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 that the same be closed. Before passing such a resolution the Board shall cause a notice of the application to be published in the official newspaper, and shall fix a time and place at which it will consider the same and hear objections thereto. Upon such hearing it shall determine whether it will recommend that the street be closed ; and if it shall so determine, it shall transmit such recommendations to the Super- visors. Thereupon the Supervisors may pass an ordinance that the street be 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 paid all the expenses of said proceedings.

New Streets and Subdivisions.

Sec. 28. In all cases where lands in the City and County shall be hereafter sub-divided and laid out into blocks or plats, sub- lots, streets and alleys, or when new streets or public grounds shall be laid out, opened, donated or granted to the public by any proprietor, the map or plat thereof shall be submitted to the Board of Public Works for its approval, and if the Board approve the same, such approval shall be by it indorsed upon the said map or plat, and said map with said approval shall then be filed in the office of the Recorder ; and without such approval indorsed thereon

Article VI, Chapter II. Department of Public Works. 97

no such map or plat shall be filed 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 shall 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 the 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 streets 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 by 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.

98 Charter of the City and County of San Francisco,

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 may 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 ma- chines belonging to the City and County, to be used in repairing or cleaning and sprinkling the streets or for any improvement thereon. The Board of Public "Works shall appoint a Storekeeper for said Yard, who shall hold his office during its pleasure. He shall have the custody of said Yard and of all the supplies, ma- terial and implements therein, and shall keep books of account in which 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 be 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 wdthout such order or requisition and receipt, he shall be liable upon his official bond. All cobble stones, or stone blocks or other material with w^hich 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 provisions in this Article relating to and providing for street work or street improvements in the City and County and providing for the payment of the costs and expenses thereof, shall not be deemed exclusive, but the Board of Supervisors may, and it is hereby empowered so to do, pass an ordinance by a vote of at least fifteen of its members, which may from time to time be revised or amended by a like vote, providing for street work or street improvements in the City and County and for the payment of the costs and expenses thereof; and, in and by such ordinance,

Article y/, Chapter II. Department of Public Works. 99

it may declare and designate the kinds of such work or improve- ments.

Said Board is authorized and empowered to order such street work done or improvements made under such proceedings as it may in such ordinance provide, and to assess, in such manner and by such method as it may in and by such ordinance prescribe and provide, the proper costs and expenses thereof upon lands in pri- vate ownership, when the payment of such costs and expenses is not otherwise provided for in such ordinance, and when the pay- ment of a portion of such costs and expenses is so otherwise pro- vided for, to assess the remainder thereof upon such lands ; to pro- vide for a lien on lands so assessed for such work or improvements ; and to provide in such ordinance the method for collecting and en- forcing such assessments so levied, and the manner in which lands for which assessments levied thereunder remain unpaid may be sold ; and to prescribe penalties for failure to pay such assessments. By and in such ordinance said Board may provide for fully and completely exercising the powers which are hereby conferred as to such street work or street improvements and the assessment and collection of the costs and expenses thereof: and the provisions of such ordinance shall not be governed or limited by the provisions of this Article inconsistent or in conflict therewith.

The Board of Supervisors, if it be deemed expedient by the Board, is further empowered to provide in such ordinance that any assessment levied in pursuance thereof may at the option of the owner of property assessed be paid in installments covering a period provided for in such ordinance, but not to exceed ten years, upon such terms and conditions as in such ordinance may be provided and in accordance with the method therein prescribed, but the Board of Supervisors shall not require interest to be paid on such installment payments at a rate greater than seven per cent per annum.

Xo assessment shall be levied in pursuance of such ordinance upon any property for street work or street improvements which, together with all assessments for street work or street improve- ments that may have been levied upon the same property during the year next preceding the inception of the proceedings for such work or improvements, will amount to a sum greater than fifty per centum of the value at which said property was assessed for muni- cipal purposes, exclusive of improvements thereon, upon the assess- ment-book of the City and County current at the time of the in- ception of such proceedings.

Such limitation of assessed valuation, however, shall not apply to any assessment made payable in installments as in this section hereinbefore provided for; but in no case shall any such install- ment payment exceed in amount twenty-five per centum of such assessed valuation.

The provisions of this section shall not be construed to limit or restrict any method or system enacted by any such ordinance as

100 Charter of the City and County of San Francisco.

herein provided for street work or street improvements in the City and County to the provisions of such ordinance so enacted, and shall not be held to exclude any other method or system provided in this Charter for such work or improvements. — As amended No- vember 7, 1916; approved by the Legislature January 18, 1917 (Statutes, 1917, page 1708).

CHAPTER III.

OPENING, EXTENDING, WIDENING, STRAIGHTENING OR CLOSING UP OF STREETS AND THE CONDEMNATION AND ACQUISI- TION 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 whole or in part, of any street, avenue, lane, alley, court or place within the City and County, and shall have further full power and authority to order the opening of any new street, avenue, lane, alley, court or place within the City and County, and to condemn and acquire any and all lands' and 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 or 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 proceeding, and all street work and street improvement therein and thereon may be done under the 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

Article VI, Chapter IIL Department of Public Works. 101

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 resohition, 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 be done or made in the manner and in accordance with the 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 May 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 the following sections of this Chapter. Said resolution shall describe the same and the work to be done and the land and property deemed necessary to be taken therefor, and shall specify the exterior boundaries of the district to be 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 the Supervisors in such resolution may so declare, or at any time thereafter and before the complete payment of said damages, costs and expenses, said Board may declare and determine that any part or the whole thereof remaining unpaid shall be paid out of the revenues of the City and County. — As amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Posting of Notices.

Sec. 3. The Clerk of the Supervisors shall transmit to the Board of Public Works a certified copy of such resolution, and upon receipt thereof said Board of Public Works shall cause to be conspicuously posted along the line of said contemplated work or improvement, at not more than three hundred feet in distance apart, but 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 official newspaper.

102 Charter of the City and County of San Francisco.

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 be 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 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 the 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, the exterior boundaries of which were fixed by the 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

Article VI, Chapter III^ Department of Public Works. 103

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 shall have declared that the whole of such expense shall be paid out of the revenues of the City 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 land 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 be 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 block or lot, or portion of lot, taken or assessed, shall be designated and described in said plat by an appropriate number, and a reference to it by such descriptive number shall be a sufficient description of it in any suit entered to condemn, and in all respects. When the report and plat are approved by 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 Public 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 assessed, as the case may be.

Conflicting Titles.

Sec. 9. If in any case the Board of Public Works find that conflicting claims of title exist, or if they shall be in ignorance or doubt as to the ownership of any lot of land, or of any improve- ments thereon, or of any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any lot of land or improvements, or of the particulars of their interest, shall not affect the validity of the assessment or of the condemnation of the property to be taken.

104 Charter of the City and County of San Francisco.

Publication of Notice to SFiow Cause.

Sec. 10. Said report and plat shall be filed in the Clerk's office of the Supervisors, and thereupon the Clerk of said Board shall give notice of such filing by publication for at least ten days in the official newspaper. Said notice shall also require all persons interested to show cause, if any, why such report should not be confirmed, before the Supervisors on or before a day fixed by the Clerk thereof, and stated in said notice, which day shall not be less than thirty days from the first publication thereof.

Hearing Objections to Report.

Sec. 11. All objections shall be in writing, and filed with the Clerk of the Supervisors, who shall, at the next meeting after the day fixed in the notice to show cause, lay the said objections, if any, before the Supervisors, who shall fix a time for hearing the same, of which the Clerk shall notify the objectors in the same manner as objectors to the original resolution of intention. At the time set, or at such other time as the hearing may be adjourned to, the Supervisors shall hear such objections and pass upon the same; and at such time, or, if there be no objections, at the first meeting after the day set in said order to show cause, or such other time as may be fixed, shall proceed to pass upon such report, and may confirm, correct or modify, the same, or may order the Board of Public Works to make a new assessment, report and plat, which shall be filed, notice given, and hearing had, as in the case of an original report. If the Supervisors shall have determined that a certain proportion of the cost and expense of such work and improvement shall be paid out of the revenues of the City and County, they shall deduct such proportion from the total amount of the cost and expense thereof as finally fixed and determined in and by said assessment and report, and the amount of such propor- tion shall be paid out of any revenues appropriated for such pur- pose to the persons respectively entitled thereto, at the same time and in the same manner as in Section 15 hereof provided, and the balance shall be raised by assessment as hereinafter provided.

Assessment Roll, What to Constitute.

Sec. 12. The Clerk of the Supervisors shall forward to the Board of Public Works a certified copy of the report, assessment and plat, as finally confirmed and adopted by the Supervisors, with a statement of any deduction that may be made on account of payments made out of the revenues of the City and County, as in Section 11 provided. Such certified copy shall thereupon be the assessment roll. Immediately upon receipt thereof by the Board of Public Works the assessment therein contained shall become due and payable, and shall be a lien upon all the property contained or described therein.

Publication of Notice of Assessment. Delinquent Assessments.

Sec. 13. The Board of Public Works shall thereupon give notice by publication in the official newspaper for ten days that

Article VI, Chapter III. Department of Public Works. 105

it has received said assessment roll, and that all sums levied and assessed in said assessment roll are due and payable immediately, and that the payment of said sums is to be made to said Board within thirty days from the date of the first publication of said notice. Said notice shall also contain a statement that all assess- ments not paid before the expiration of said thirty days will be declared to be delinquent, and that thereafter the sum of five per cent upon the amount of each delinquent assessment, together with the cost of advertising each delinquent assessment, will be added thereto. When payment of any assessment is made to said Board of Public Works it shall cause to be written the word *'paid," and the date of payment, opposite the respective assessments so paid, and the names of persons by or for whom said assessment is paid, and shall, if so required, give a receipt therefor. On the expira- tion of said thirty days all assessments then unpaid shall be and become delinquent, and said Board of Public Works shall certify such fact at the foot of said assessment roll and shall add five per cent to the amount of each assessment so delinquent.

Sale of Delinquent Property. Redemption, How. Deeds.

Sec. 14. The said Board of Public Works shall thereafter pro- ceed to advertise and collect the various sums delinquent and the whole thereof, including the cost of advertising, which last shall not exceed the sum of fifty cents for each lot, piece or parcel of land separately assessed, by the sale of the assessed property in the manner hereinafter specified; and after the date of said delin- quency and before the time of such sale herein provided for, no assessment shall be received unless at the same time the five per cent added thereto, as aforesaid, together wdth the costs of adver- tising then already incurred, shall be paid therewith. The said property shall be sold, and when sold shall be subject to redemp- tion in the manner following, to-w^it :

First — The Board of Public Works shall, within ten days from date of such delinquency, begin the publication of a list of the delinquent assessments, which list must contain a description of each parcel of property delinquent, and opposite or against each description the name of the owner as stated in the assessment roll, and the amount of the assessment, penalty and costs due, including the cost of advertising, which last shall not exceed the sum of fifty cents for each lot, piece or parcel of land, separately assessed. The Board of Public Works shall append to and publish with said delinquent list a notice that unless each assessment delinquent, together with the penalty and costs thereon, is paid, the property upon which such assessment is a lien, will be sold at public auction at a time and place to be specified in the notice. The publication must be made for a period of ten days, in the official newspaper of said City and County of San Francisco. The time of sale must not be less than five days, nor more than ten days, after the expiration of the period of publication of said list, and the place of sale must

106 Charter of the City and County of San Francisco.

be in, or in front of, the building wherein is situated the office of the Board of Public Works.

Second — At any time after such delinquency, and prior to the sale of any piece of property assessed and delinquent, any person may pay the assessment on such piece of property, together with the penalty, and costs then due, including the cost of advertising, if such payment is made after the first publication of the list of delinquent assessments. The Board of Public Works shall there- upon mark such assessment "paid," as hereinbefore provided.

Third — On the day fixed for the sale the Board of Public Works must, at the hour of 10 o'clock A. M., commence the sale of the property advertised, commencing at the head of the list, and con- tinuing in the numerical order of lots or parcels of land until all are sold; provided, that the Board of Public Works may postpone or continue the sale from day to day until the property is sold. Each lot, piece or parcel of land separately assessed must be offered for sale separately, and the person who will take the least quantity of land, and then and there pay the amount of the assess- ment, penalty and costs due, including fifty cents to the Board of Public Works for a certification of sale, shall become the purchaser. In case there is no purchaser, for any lot, piece or parcel of land so offered for sale, the same shall be struck off to the said City and County of San Francisco, as purchaser, and the Board of Super- visors shall appropriate out of the general fund of the treasury the amount then due against the lot, piece or parcel of land, and shall order the County Treasurer to place the same in the special fund for such improvement. No charge shall be made for the certificate of sale when the said City and County of San Francisco is the purchaser.

Fourth — After making the sale, the Board of Public Works must execute, in duplicate, a certificate of sale setting forth a descrip- tion of the property sold, the name of the owner thereof, as given on the assessment roll, that said property was sold for a delinquent assessment (specifying the improvement for which the same was made), the amount for which such property was sold, the date of sale, the name of the purchaser, and the time when the purchaser will be entitled to a deed. The Board of Public W^orks must file one copy of such certificate in its office and deliver the other to the purchaser, or if the said City and County of San Francisco is the purchaser, to the Clerk of the Board of Supervisors, who shall file the same in his office. On the filing of the copy of such cer- tificate in the office of the Board of Public Works, the lien of the assessment shall vest in the purchaser, and is only divested by a redemption of the property, as in this act provided. The Board of Public Works shall also enter on the assessment roll, opposite the description of each piece of property offered for sale, a descrip- tion of the part thereof sold, the amount for which the same was sold, the date of the sale, and the name of the purchaser.

Article VI, Chapter III. Department of Public Works. 107

Fifth — A redemption of any parcel of property sold for delin- quent assessment may be made by any party in interest, at any time prior to the execution and delivery of a deed therefor, by pay- ing to the Board of Public Works the amount for which the property was sold, and in addition thereto, ten per cent thereon if paid within three months after the date of the sale; twenty per cent if paid within six months ; thirty per cent if paid within nine months; forty per cent if paid within twelve months, or fifty per cent if paid at any time after twelve months. When redemption is made, the Board of Public Works shall note that fact on the duplicate certificate of sale on file in its office, and deposit the amount paid with the County Treasurer, who shall credit the purchaser named in the certificate of sale with the said amount and pay the same to such purchaser, or his assignee, upon the surrender of the certificate of sale, and upon satisfactory proof of assignment thereof, if any. When the said City and County of San Francisco is the purchaser, the County Treasurer shall notify the Clerk of the Board of Supervisors of the redemptions, and such Clerk shall thereupon cancel the certificate of sale on file in his office.

Sixth — At any time after the expiration of twelve months from the date of the sale, the Board of Public Works must execute to the purchaser, or his assignee, on his application, if such purchaser or assignee has complied with the provisions of this section, a deed of the property sold, in which shall be recited substantially the matters contained in the certificate, also any assignment thereof and the fact that no person has redeemed the property. The Board of Public Works shall receive from the applicant for the deed, one dollar for making such deed, unless the said City and County of San Francisco is the purchaser, in which case no charge shall be made therefor.

Seventh — The deed of the Board of Public Works shall be prima facie evidence of the truth of all matters recited therein and of the regularity of all proceedings hereunder prior to the execution thereof, and of title in the grantee. It shall be conclusive evidence of the necessity of taking or damaging the lands taken or damaged, and of the necessity of the improvement and work and of the correctness of the compensation awarded for lands taken or dam- aged.

Eighth — The Board of Public Works shall from time to time pay over to the County Treasurer all moneys collected by the Board on account of any assessments made under the provisions hereof. The County Treasurer shall, on receipt thereof, place the same in a special fund, designating such fund by the name of the street, avenue, square, lane, alley, court or place for the widening, open- ing or other improvements for which the assessment was made. Payment sliall be made from said fund to the parties entitled thereto upon warrants signed by the members of the Board of

108 Charter of the City and County of San Francisco.

Public Works, With respect to all matters provided for or pre- scribed by this section to be done or performed by said Board of Public Works, the majority of said Board may act. — As amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Payment of Damages Awarded.

Sec. 15. When sufficient money is in the hands of the Treas- urer, in the fund devoted to the particular work or improvement, to pay for the lands and improvements taken or damaged, and when in the discretion of the Board of Public Works the time shall have come to make payments, it shall be the duty of said Board to notify the owner, possessor or occupant of any land or improve- ments thereon to whom damages shall have been awarded, that a warrant has been drawn for the payment of the same, and that he can receive such warrant at the office of said Board upon ten- dering a conveyance of any property to be taken ; such notification, except in the case of unknown owners, to be made by depositing a notice, postage paid, in the Postoffice, addressed to his last known place of abode or residence. If at the expiration of thirty days after the deposit of such notice he should not have applied for such warrant, and tendered a conveyance of the land to be taken, the warrant so drawn shall be deposited with the Treasurer and shall be delivered to such owner, possessor, or occupant upon tendering a conveyance as aforesaid, unless judgment of condem- nation shall be had, when the same shall be canceled.

Eminent Domain. Deficiency in Fund.

Sec. 16. If any owner of land to be taken neglects or refuses to accept the warrant drawn in his favor as aforesaid, or objects to the report as to the necessity of taking his land, the Board of Public Works shall report such facts to the Supervisors, who shall thereupon cause proceedings to be taken for the condem- nation thereof, as provided by law under the right of eminent domain. The complaint may aver that it is necessary for the city to take or damage and condemn the said lands, or an ease- ment therein, as the case may be, without setting forth the pro- ceedings herein provided for, and the resolution and ordinance ordering said work to be done shall be conclusive evidence of such necessity. Such proceedings shall be brought in the name of the City and County, and have precedence, so far as the busi- ness of the court will permit, and any judgment for damages therein rendered shall be payable out of such portion of the spe- cial fund as may remain in the treasury, so far as the same can be applied. At any time after trial and after judgment has been entered, or preceding an appeal, the court may order the Treas- urer to set apart in the treasury, a sufficient sum from the fund appropriated to the particular improvement to answer the judi^- ment and all damages, and thereupon may authorize and order the City and County to enter upon the land and proceed with

Article VI, Chapter III. Department of Public Works. 109

Ihe proposed work and improvement. In case of a deficiency in said fund to pay the whole of such judgment and damages, the Supervisors may, in their discretion, order the balance thereof to be paid out of the general fund of the treasury or to be dis- tributed by the Board of Public Works over the property by a supplementary assessment; but in the last-named case, in order to avoid delay, the Supervisors may advance such balance out of any appropriate fund in the treasury, and reimburse the same from the collections of the assessment. Pending the collection and payment of the amount of the judgment and damages, the court may order such stay of proceedings as may be necessary.

Payment of Warrants.

Sec. 17. The Treasurer shall pay such warrants out of the appropriate fund, and not otherwise, in the order of their pres- entation, provided, that warrants for land or improvements taken or damaged shall have priority over warrants for charges and expenses, and the Treasurer shall see that sufficient money is and A'emains in the fund to pay all warrants of the first class before paying any of the second.

Supplementary Assessment.

Sec. 18. If after the sale of property for delinquent assess- ments there should be a deficiency, and there should be un- reasonable delay in collecting the same, or if for the purpose of equalizing the assessments supplying a deficiency, or for any cause it appears desirable, the Board of Public Works may so report to the Supervisors, who may order them to make a sup- plementary assessment and report the same in manner and form as the original, and subject to the same procedure. If by reason of such supplementary assessment, or for any cause, there should be at any time a surplus, the Supervisors may appropriate the same and declare a dividend pro rata to the parties paying the same, and they, upon demand, shall have the right to have the amount of such pro rata dividends refunded to them, or credited upon any subsequent assessment for taxes made against said par- ties in favor of said City and County.

Defective Titles.

Sec. 19. If any title attempted to be acquired by virtue of this Act shall be found to be defective from any cause the Su- pervisors may again institute proceedings to acquire the same as in this Chapter provided, or otherwise, or may authorize the Board of Public Works to purchase the same and include the cost thereof in a supplementary assessment, as provided in the last section. — The entire 20 original sections of Chapter III were re- pealed and the foregoing 19 sections of the same Chapter were substituted in lieu thereof by amendment November 5, 1907 ; ap- proved by the Legislature November 23, 1907 (Statutes Special Session, 1907, pages 48-54).

110 Charter of the City and County of San Francisco.

Panama Exposition May Close Streets.

Sec. 20. The Panama-Pacific International Exposition Com- pany (a corporation organized under the laws of the State of California, March 22nd, 1910) is authorized to temporarily close streets in the City and County westerly from Twentieth avenue, for the purpose of an exposition to celebrate the completion of the Panama Canal, and may have exclusive possession and use of said streets so closed for such exposition purposes, such pos- session and use of said streets to terminate not later than one year after the closing of such exposition; provided that no street shall be closed as in this section provided until after said exposition company shall have acquired for such exposition purposes, all of the lands held in private ownership fronting on said street, or por- tion of street, so closed. — Neiv section added by amendment Novem- ber 15, 1910; approved by the Legislature February 17, 1911 (Stat- utes, 1911, pa,ge 1661).

CHAPTER IV.

SEWERS AND DRAINAGE. General Drainage System.

Section 1. The Board of Public Works shall devise a general system of drainage, which shall embrace all matters relative to the thorough, systematic and effectual drainage of the City and County, and shall from time to time make to the Supervisors such recommendations upon the subject of sewerage and drainage as it may deem proper.

Powers of Board.

See. 2. The Board shall prescribe the location, form and ma- terial to be used in the construction, reconstruction and repair- ing of all public sewers, manholes, sinks, drains, cesspools, and all other appurtenances belonging to the drainage system, and of every private drain or sewer emptying into a public sewer, and determine the place and manner of the connection.

Rules and Regulations.

Sec. 3. The Board shall recommend to the Supervisors rules and regulations concerning the public and private sewers and drains in the City and County, and upon recommendation of said Board, the Supervisors are authorized to pass an ordinance establishing the same and prescribing the penalties for any violation thereof.

Permits to Make Connections.

Sec. 4. No person shall connect with, or open or penetrate, any public sewer or drain without first obtaining a permit in writing from said Board, and complying with the rules and regulations of the Board in reference thereto.

Article VI, Chapter IV. Department of Public Works. Ill

Recommendations by Board.

Sec. 5. The Board may also recommend to the Supervisors the construction of such canals, sewers, tunnels, ditches, drains, embankments, reservoirs, pumping works, machinery and other works necessary for the proper and effectual drainage of the City and County, together with plans for connecting the same with sewers and private drains already constructed or thereafter to be constructed.

Purchase of Property.

Sec. 6. The Supervisors may, upon the recommendation of the Board of Public Works, by ordinance passed by not less than four- teen affirmative votes, authorize the purchase of any personal prop- erty or the acquisition by purchase or condemnation of any real estate which may be necessary for the construction of any sewer or the making of any improvement provided for in this Chapter.

Agreement on Damages.

Sec. 7. The Board may, with the like approval of the Super- visors, agree with the owners of any real estate, upon which it is deemed desirable to construct any sewer or other improvement relative to sewerage or drainage, upon the amount of damage to be paid to such owners for the purpose of such improvement and for the perpetual use of said real estate for such purpose.

Power to Construct Works.

Sec. 8. The Board may, when authorized by ordinance of the Supervisors passed by not less than fourteen affirmative votes, construct such sewers, reservoirs and pumping works as may be necessary to carry out the general system of sewerage for the City and County.

Condemnation of Property. Proceedings.

Sec. 9. When, upon the recommendation of the Board of Public Works, the Supervisors shall determine upon any im- provement for the purpose of sewerage and drainage which neces- sitates the acquisition or condemnation of private property, and the Board is unable to agree with the owner thereof, upon the amount of compensation or damages to be paid therefor, or when such owner is in any way incapable of making any agree- ment in reference thereto, and in all cases in which the Board shall deem it most expedient, it shall, when authorized by the Supervisors expressed by ordinance, have the right to cause said property to be condemned, and to institute proceedings for the condemnation of such property, or for the ascertainment of such damages in the manner, so far as the. same may be applicable, which is provided in this Article for the condemnation of real (.state when necessary for the opening of any new street.

112 Charter of the City and County of San Francisco.

CHAPTER V.

HARBORS AND WHARVES. Supervisors to Control Wharves and Harbor.

Section 1. All the Wharves, Water Front and Harbor of San Francisco which now belong or may hereafter belong to the City and County, or over which it may at any time lawfully exercise jurisdiction and control, shall be under the management and con- trol of the Supervisors. All said wharves shall be built and repaired by the Board of Public Works, after proceedings had as provided in this Article for the improvement or repair of public buildings.

Tolls to Be Regulated by Ordinance.

Sec. 2. The Supervisors shall by ordinance fix and regulate the tolls for wharfage and dockage, and shall provide for the col- lection of the same, except where the wharves are under the ju- risdiction of the Board of State Harbor Commissioners, or may provide that no charges, tolls, dockage or wharfage be imposed or collected. The Supervisors shall not have power to dispose of any wharf, but they may lease any wharf for a term not exceeding two years.

CHAPTER VI.

RELATING TO THE MODIFICATION OR CHANGE OF STREET

GRADES AND THE PERFORMANCE OF STREET WORK

IN CONNECTION THEREWITH.

Street Grades, How May Be Changed.

Section 1. The Board of Supervisors is hereby empowered, on the written recommendation of the Board of Public Works, to change or modify the grade of any public street, avenue, lane, alley, place or court to the grade set out in such recommenda- tion and to regrade, repave, sewer, sidewalk, curb or otherwise improve the same, so as to conform to such change or modified grade in the manner as hereinafter provided. Before any change of grade is attempted, the Board of Supervisors shall pass a reso- lution of intention to make such change or modification of grade, and it shall in the same resolution, when regrading, repaving, sidewalking, sewering, curbing or other improvement on such street or streets is contemplated in connection therewith, define and establish the district benefited and to be assessed for the pay- ment of damages and for the expense of regrading, repaving, sewering, sidewalking, curbing, or otherwise improving such street or streets so as to conform with such change or modified grade ; and it shall have power at the same time and in the same resolution to provide for the actual cost of performing the work of regrading, repaving, sewering, sidewalking, curbing or other- wise improving such street or streets or portion or portions there- of with the same or other material with which it was formerly

Article VI, Chapter VL Department of Public Works. 113

graded, paved, sewered, sidewalked, curbed or otherwise im- proved, briefly describing the work to be done and providing that the cost of the same shall also be assessed upon the same district which is declared to be benefited by such change or modified grade. When a change or modification of grade or grades is proposed to be made upon a street, avenue, alley, lane, court or place, which has already been sewered, paved, curbed or graded, no such change or modification of such grade or grades shall be made unless provision shall also be made for the resewering, repaving, recurbing or regrading of such street, avenue, alley, lane, court or place. One or more streets or blocks of streets may be embraced in the same resolution. Such resolution shall be published in the official newspaper. Such publication shall be made for ten days, and shall describe the proposed change or modification of grade, and when such resolution contemplates such work it shall describe the regrading, repaving, sewering, sidewalking, curbing or other improvement so contemplated, and shall set forth and describe the district to be benefited by such change or modification of grade or regrading, repaving, sewer- ing, sidewalking, curbing or other improvement, and to be as- sessed for the damages and cost of making the same. Within ten days after the first publication of the resolution of intention the Board of Public Works shall cause to be conspicuously posted along all streets within the district defined in the resolu- tion, or, when no such district is defined, along the street or streets upon which such change or modification of grade or grades is contemplated, notice of the passage of said resolution. Said notices shall be posted not more than one hundred feet apart and shall be headed "Notice of Grade Change" or ''Notice of Grade Change and Street Work," as the case may be, in letters not less than two inches in length, and shall, in legible charac- ters, state the fact of the passage of the resolution, its date, the fact of the proposed grade change, and, if any, briefly the work or improvement proposed, and refer to the resolution for further particulars. When no improvements are provided for in connec- tion with the said change or changes of grade or grades, if no pro- test of the owners of two-thirds of the property fronting on the street or streets, the errade or grades of which is to be changed or modified, shall be filed with the Clerk of the Board of Super- visors within forty days from the first publication of the resolu- tion of intention hereinbefore mentioned, the Board of Super- visors shall have power to declare such grade or grades to be changed or modified and established, in conformity with said resolution ; and when such improvement or improvements are contemplated in connection with such chansre, or changes of grade or grades, if no protest of the owners of a majority of the superficial area of the property included within the assessment district defined in said resolution of intention shall be filed with the Clerk of the Board of Supervisors within forty days from the first publication of said resolution hereinbefore mentioned.

114 Charter of the City and County of San Francisco.

the Board of Supervisors shall also have the power to order any of the work contemplated therein to be done, and such street or streets to be regraded, repaved, sewered, sidewalked, curbed or otherwise improved in conformity therewith.

Owner May File Estimate of Damages.

Sec. 2. In case the resolution of intention provides for regrad- ing, repaving, sewering, sidewalking, curbing or otherwise improv- ing 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 Public 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.

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 author- ized to administer.

Assessment of Costs.

Sec. 5. The Board of Public Works having determined the damages 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 within the district of assess- ment, 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. 115

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 conflicting 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 down as belonging to unknown owners. Error in designation of the owner or owners of any land or improvement or particulars of their interest, shall not affect the validity of the assessment.

Notice of Filing of Report.

Sec. 7. On the .filing of said report, the Clerk of the Board of Supervisors shall give notice 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 thereof, why such report should not be confirmed.

Objections to Report.

Sec. 8. All objections filed in response to said notice to show cause shall be in writing and filed with the Clerk of the Board of Supervisors, who shall, at the next meeting after the date fixed in the notice to show cause, lay the said objections, if any, before the Board of Supervisors, which shall fix a time not less than fifteen days thereafter for hearing the same, of which time the Clerk shall notify the objectors by notice published in the official newspaper for a period of five days and by depositing a notice, postage prepaid, in the United States Postoffice at San Francisco, addressed to each objector at his last known place of residence, at least ten days before the date of such hearing. At the time set, or at such other time to which the hearing may be adjourned, the Board of Supervisors shall hear such objections and pass upon them, and at such time shall proceed to pass upon such report and may confirm, correct or modify the same, or may order the Board of Public Works to make a new assessment, report and plat, which shall be filed, notice given and had, as in the case of the original report.

Repaving Specifications, Bids and Contracts.

Sec. 9. After the report of the Board of Public Works as to the damages caused by such change of grade has been finally passed upon by the Board of Supervisors, such Board of Public

116 Charter of the City and County of San Francisco.

Works shall prepare detailed plans and specifications subject to the approval of the Board of Supervisors, for regrading, paving, sewering, sidewalking, curbing or otherwise improving such street or streets as set forth in said resolution of intention and shall then advertise for bids to perform the work of regrading, repav- ing, sewering, sidewalking, curbing or otherwise improving such street or streets, as the case may be, with the same or other material with which the same have been formerly graded, paved, sewered, sidewalked, curbed or otherwise improved ; first causing a notice, with such specifications to be posted conspicuously for fifteen days in or near the office of the Board of Public Works, inviting sealed proposals or bids for doing such work, and shall also cause notice of said work, inviting said proposals and refer- ring to the specifications posted and already on file, to be puD- lished five days in the official newspaper. All proposals or bids offered shall be accompanied by a check payable to the order of the Clerk of the Board of Supervisors, and certified by a respon- sible bank for an amount which shall not be less than ten per cent of the aggregate of the proposal, or by a bond for said amount, signed by the bidder and two sureties, who shall justify under oath in double said amount over and above all the statu- tory exemptions. Said proposals or bids shall be delivered to the Secretary of the Board of Public Works, and said Board of Public Works shall, in open session, examine and declare the same; provided, however, that no proposal or bid shall be received unless accompanied by a check or a bond satisfactory to the Board of Public Works. The Board of Public Works may reject any or all bids and may award the contract to the lowest respon- sible bidder, or may readvertise for proposals or bids for the performance of the work, as in the first instance, and thereafter proceed in the manner in this section provided ; all checks accom- panying bids shall be held by the Secretary of the Board of Public Works until the successful bidder has entered into a contract as herein provided, and in case he refuses so to do, then the amount of his certified check shall be declared forfeited to the city and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into the said fund. Notice of the awards of the contracts shall be published and posted in the same, manner as hereinbefore provided for the advertising for proposals of such work. Before being entitled to a contract, the successful bidder must advance to the Secretary of the Board of Public Works, for payment by him, the cost of publication of the notices, resolu- tions, orders, or the incidental expenses and matters required under the proceedings described by this Chapter.

Distribution of Assessment of Costs,

Sec. 10. After such contract has been awarded and entered into, the Board of Public Works shall proceed to assess the cost and expense of doing such work upon all the lots and land lying

Article VI, Chapter VI. Department of Public Works. 117

within the district to be assessed, distributing the same so that each lot will be assessed for its proportion of the same according to the benefits it receives from the work. The Board of Public Works in making such assessment shall also include therein the total amount for which each lot, or tract is assessed for the dam- ages resulting from the regrading, repaying, sewering, sidewalk- ing, curbing or otherwise improving such street or streets; provided, no assessment for such damages and cost and the expense of such work shall be levied upon any property which will amount to a sum greater than 50 per centum of the value at which said property was assessed upon the last preceding assessment book of the City and County.

Assessment Roll, What Constitutes.

,Sec. 11. The Secretary of the Board of Public Works shall forward to the Board of Supervisors a certified copy of the report and assessment as finally adopted by the Board of Public Works, whereupon such report and assessment shall be changed, modified or confirmed by the Board of Supervisors, and upon such modi- fication, change or confirmation thereof, shall be returned to the Board of Public Works and shall thereupon be the assessment roll. Immediately upon receipt thereof by the Board of Public Works, the assessment therein contained shall become due and payable and shall be a lien upon all the property contained or described therein.

Publication of Notice of Assessment. Delinquent Assessments.

Sec. 12. The Board of Public Works shall thereupon give notice by publication for ten days in the official newspaper, that it has received said assessment roll, and that all sums levied and assessed in said assessment roll are due and payable immediately, and that the payment of said sums are to be made to the Board of Public Works within thirty days from the date of the first publication of said notice. Said notice shall also contain a state- ment that all assessments not paid before the expiration of said thirty days will be declared to be delinquent ; that thereafter the sum of five per cent upon the amount of said delinquent assess- ment, together with the cost of advertising each delinquent assess- ment, will be added thereto. When payment of any assessment is made to said Board of Public Works, the Secretary thereof shall write the word ''paid" and the date of payment opposite the respective assessments so paid, and the name of the per- son by or for whom the said assessment is paid, and shall give a receipt therefor. On the expiration of said thirty days all assess- ment then unpaid shall be and become delinquent and the Secre- tary of the said Board of Public Works shall certify such fact at the foot of said assessment roll, and shall add five per cent to the amount of each assessment so delinquent. The said Secre- tary of the Board of Public Works shall, within five days from the date of such delinquency, proceed to advertise the various sums delinquent and the whole thereof, including the cost of

118 Charter of the City and County of San Francisco.

advertising, which shall not exceed the sum of fifty cents for each lot, piece or parcel of land separately assessed, in the same manner as is or may be provided for the publication of the delinquent list of State and County taxes; and after the date of said delin- quency and before the time of such sale therein provided for, no assessment shall be received unless at the same time the five per cent added thereto, as aforesaid, together with the cost of adver- tising already incurred, shall be paid therewith. Said list of delinquent assessments, with a notice of the time and place of sale of property affected thereby, shall be published daily for five days in the official newspaper, before the sale of property for such delinquent assessments. Said time of sale must not be less than seven days from the date of the first publication of said delinquent assessment list, and the place must be in or in front of the office of the Secretary of the Board of Public Works. All property sold shall be subject to redemption for one year and in the same manner as in sales for delinquent State and County taxes; and the Secretary of the Board of Public Works shall, if there be no redemption, make and deliver to the purchaser at such sale a deed conveying the property sold and may collect for each certificate fifty cents, and for each deed one dollar. The deed of the Secretary of the Board of Public Works, made for such sale, in case of failure to redeem, shall be prima facie evidence of the regularity of all proceedings thereunder, and that all title is in the grantee. The Secretary of the Board of Public Works shall, from time to time, pay over to the City Treasurer all moneys collected by him, or by the Board of Public Works, on account of such assessments, which the City Treasurer shall, upon receipt thereof, place in a separate fund, designating each fund by the name of the street, avenue, square, lane, alley, court or place for the change of grade for which the assessment was made. And the City Treasurer shall transfer to said fund such sum or sums as the Supervisors may have ordered to be paid or advanced for or on account of such improvement out of that fund in the treas- ury of the City and County from which such appropriation is made'. Payment shall be made from said fund to the parties entitled thereto, upon w^arrants issued by the Secretary of the Board of Public Works on order of said Board.

Notice of Payment of Damages.

Sec. 13. When sufficient money is in the hands of the City Treasurer to pay the total cost for damages, as well as the cost of doing the work, and all other expenses connected therewith, it shall be the duty of the Board of Public Works to notify the owner, possessor or occupant of the premises damaged, and to whom damages have been awarded, that a warrant has been drawn for the payment of the same, which may be received at the office of said Board of Public Works. Such notification may be made by depositing a notice, postage paid, in the United States Postoffice, at San Francisco, addressed to his last known place of residence.

Article VI, Chapter VI. Department of Public Works. 119

If, after the expiration of thre^ days from the service or deposit of the notice in the Postoffice, he shall not have applied for such warrant, the same shall be drawn and deposited with the City Treasurer to be delivered to him upon demand.

Payment to Contractor.

Sec. 14. After the contractor to whom has been awarded the contract for regrading, repaving, sewering, sidewalking, curbing, or otherwise improving such street or streets, has fulfilled his con- tract to the satisfaction of the Board of Public Works and the City Engineer has certified to the completion of said work, the Secretary of the Board of Public Works, on order of said Board, shall issue a warrant, payable out of said fund, in favor of such contractor in payment for such work.

Supplementary Assessment for Costs.

Sec. 15. In case of a deficiency of the fund to pay the whole assessed cost and damages, the Board of Supervisors may in its discretion, order the balance thereof to be distributed by the Board of Public Works upon the property assessed, by supplementary assessment, or direct the payment of such balance to be made from the City Treasury; but in the event that a supplementary assess- ment is ordered, in order to avoid delay, the Board of Supervisors may advance such balance out of any available fund in the treasury and reimburse the same from the collection of assessments. The Treasurer shall pay such warrants in the order of their presenta- tion.

Cost of Work May Be Paid Out of City Treasury.

Sec. 16. The Board of Supervisors may, in its discretion, order by ordinance, that the whole or any part of the cost and expense of any of the work hereinbefore in this Chapter mentioned or the damages resulting therefrom, be paid out of the treasury of the City and County from such fund as the Board of Supervisors may designate. Whenever a part of such cost or expense is so ordered to be paid before the making of an assessment therefor, the Board of Public Works, in making up the assessment hereto- fore provided for such cost or expense, shall first deduct from the whole cost and expense such part thereof as has been so ordered to be paid out of the municipal treasury, and shall assess the remainder of said cost and expense proportionately upon the lots, parts of lots and lands in said assessment district, or liable to be assessed for such work, and in the manner hereinbefore provided. — The foregoing Chapter VI ivas added by amendment Xovember .5, 1907: approved by the Legislature November 23, 1907 (Statutes Special Session, 1907, pages 41-47).

Ordinance May Provide Procedure.

Sec. 17. The provisions in this Chapter relating to the modi- fication or change of street grades or the modification or change of such grades and the performance of street work in connection there-

120 Charter of the City and County of San Francisco.

with, shall not be deemed exclusive, but the Board of Supervisors by a vote of at least fifteen members thereof may, and it is hereby empowered so to do, pass an ordinance, which may from time to time be revised or amended by a like vote, providing for the modification or change of street grades, or the modification or change of such grades and the performance of street w^ork in connection therewith, and the said Board in and by such ordinance is authorized and em- powered to adopt a method of procedure therefor and in accord- ance therewith to provide for and order a modification or change of street grades, or a modification or change of street grades and the performance of street w^ork in connection therewith ; to assess, in such manner and by such method as said Board may in and by such ordinance prescribe and provide, the damages, costs and expenses thereof upon lands in private ow^nership when the payment of such damages, costs and expenses is not otherwise provided for in such ordinance, and when the payment of a portion of such damages, costs and expenses is so otherwise provided for, to assess the re- mainder thereof upon such lands ; to provide for the ascertainment and payment of damages and for the manner in which protests against such assessment and damages awarded may be heard and determined, and for the manner in which such assessment may be collected and paid and property delinquent thereunder may be sold, and to prescribe penalties for' failure to pay such assessment ; to provide for a lien on lands so assessed for the aforesaid objects and purposes ; and to provide for the procedure for fully and completely exercising the powers conferred in this section.

The Board of Supervisors is further empowered to provide in feuch ordinance, if it be deemed expedient by said Board, that such portion of any assessment levied in pursuance of such ordinance for a modification or change of street grades and the performance of street work in connection therewith, as shall have been assessed for the costs and expenses of such street work performed, may at the option of the ow^ner of property so assessed, be paid in install- ments covering a period provided for in such ordinance, but not to exceed ten years, upon such terms and conditions as may in such ordinance be provided and in accordance with the method therein prescribed, but the Board of Supervisors shall not require interest to be paid on such installment payments at a rate greater than seven per cent per annum.

No assessment shall be levied in pursuance of such ordinance upon any property for the modification or change of street grades and the performance of street work in connection therewith, which, together with all assessments for street work or for damages or for both in connection with the modification or change of street grades that may have been levied upon the same property during the year next preceding the inception of the proceedings for such modifica- tion or change of street grades and the performance of street work in connection therewith, will amount to a sum greater than fifty per centum of the value at which said property was assessed for munici- pal purposes, exclusive of improvements thereon, upon the assess-

Article VI, Chapter VIII. Department of Public Works. 121

ment-book of the City and County current at the time of the in- ception of such proceedings. Such limitation of assessed valuation, however, shall not apply to such portion of any assessment made payable in installments as in this section hereinbefore provided for ; but in no case shall any such installment payment exceed in amount twenty-five per centum of such assessed valuation.

The provisions of this section shall not be construed to limit or restrict any method or system enacted by any such ordinance as herein provided for to the provisions of such ordinance so enacted, and shall not be held to exclude any other method or system pro- vided in this Charter for the aforesaid objects and purposes. — Xew section added by ajnendmerit , November 7, 1916; approved by the Legislature January 18, 1917 (Statutes, 1917, page 1708).

CHAPTER VIII.

TUNNELS, SUBWAYS AND VIADUCTS.

Section 1. The Board of Supervisors are hereby empowered to order the construction of and construct any tunnel, subw^ay or viaduct in, on, under or over any accepted or unaccepted open public street, avenue, lane, alley, place or court within the City and County, or any other land of the City and County, or in, on, under or over any land or water in which and w^here the City and County may then have an easement or right of way there- for, and to levy the damages, cost and expenses thereof upon pri- vate property in the manner and under the procedure and powers in Chapter II of this Article provided for street work and street improvement. Said method of procedure shall not be deemed ex- clusive, but the Board of Supervisors may, by an affirmative vote of at least twelve of its members, adopt an ordinance which may from time to time be revised or amended, providing a method of procedure for such improvement, work and assessment and for the ascertainment and payment of damages and for the manner in which protests against such assessments and damages awarded may be heard and determined, and for the manner in which such assess- ment may be collected and paid and property delinquent there- under may be sold, and for the procedure for fully and completely exercising the powers conferred in this section; and in such ordi- nance, if said Board deems it expedient, provision may be made for the payment of any assessment levied in pursuance of the pro- visions thereof in annual installments covering a term not to exceed ten years upon such conditions as to the said Board may seem rea- sonable and just, the rate of interest to be paid on such payments not to exceed seven per cent per annum.

Sec. 2. The Board of Supervisors are hereby empowered to authorize the acquisition, by purchase or condemnation and to acquire by purchase, or to condemn and acquire, any and all land, or any easement or right of way therein, thereon, thereunder or thereover, and any property necessary and convenient for any purpose mentioned in Section 1 of this Chapter, and to levy the

122 Charter of the City and County of San Francisco.

damages, costs and expenses thereof upon private property, in the manner and under the procedure and powers in Chapter III of this Article provided, for the opening, extending, straightening and closing up, in whole or in part, of any street, avenue, lane, alley, court or place. But said method of procedure shall not be deemed exclusive, but the Board of Supervisors may by an affirmative vote of at least twelve of its members, adopt an ordinance, which may from time to time be revised or amended, providing a method of procedure for such acquisition and for the ascertainment and pay- ment of damages and for the manner in which protests against such assessments and damages awarded may be heard and deter- mined, and for the manner in which such assessment may be col- lected and paid and property delinquent thereunder may be sold, and for the procedure for fully and completely exercising the powers conferred in this section; and in such ordinance, if said Board deems it expedient, provision may be made for the payment of any assessment levied in pursuance of the provisions thereof in annual installments covering a term not to exceed ten years upon such conditions as to the said Board may seem reasonable and just, the rate of interest to be paid on such payment not to exceed seven per cent per annum. Lands or property which the Supervisors deem necessary to take the place of such portion of the street or streets as may be used in the construction of the tunnel, including its portals and approaches, and to restore to the street surface travel thereon are hereby declared to be necessary and convenient lands or property for the purposes mentioned in Section 1.

Sec. 3. If the Board of Supervisors deems it expedient, the construction and acquisition mentioned in Sections 1 and 2 of this Chapter may be initiated and completed in one proceeding; and in exercising the power to provide by ordinance for methods of procedure hereinbefore provided for such ordinance may provide for a single procedure for the work mentioned in Section 1 and the acquisition mentioned in Section 2 of this Chapter. Any existing ordinance providing a method of procedure for the work mentioned in Section 1 of this Chapter may be amended so that it may also provide a method of procedure for the acquisition men- tioned in Section 2 of this Chapter. But the Supervisors may, in any case, determine to proceed with the work mentioned in Section 1 hereof and wdth the acquisition mentioned in Section 2 hereof in separate proceedings.

Sec. 4. The Board of Supervisors may, in its discretion, order that the whole or any part of the costs and expenses of any of the work or acquisitions in Sections 1 and 2 of this Chapter mentioned, or the damages resulting therefrom, be paid out of the treasury of the City and County from such funds as the Board of Supervisors may designate. Such discretion may be exercised by the Board of Supervisors at any time prior to the time of making an assessment therefor. Whenever a part of such damages, cost or expense is so ordered to be paid, before the making of an assessment therefor, the Board of Public Works, in making up the assessment providing

Article VI, Chapter VIII. Department of Public Works. 123

for such damages, cost or expense, shall first deduct from the whole damages, cost and expense such part thereof as has been ordered to be paid out of the municipal treasury and shall assess the remainder proportionately upon the lots, parts of lots, and lands infthe assess- ment district or districts liable to be assessed therefor.

Sec. 5. No person, firm or corporation shall ever be granted the exclusive right to operate a street or other railroad through, in or 1 >^ under any tunnel, subway or viaduct constructed or acquired under the provisions of this Chapter. Two or more lines of street rail- ways operated under different managements may use the same tun- nel, subway or viaduct for the entire length thereof and for five consecutive blocks approaching e^ch end thereof, each management paying an equal portion of the expense for the construction, main- tenance and repairs of the tracks and appurtenances used by said railways jointly. The City and County in the operation of a muni- cipal railway may use any such tunnel, subway or viaduct either singly or jointly with any privately operated railway for the entire length thereof and for any number of blocks approaching each end thereof; and in case of joint use of tracks shall pay an equal por- tion of the expense for the construction, maintenance and repairs of the tracks and appurtenances used by said railways jointly.

Sec. 6. Two or more tunnels to be constructed in pursuance of one general plan may be so constructed under one proceeding and any or all acquisitions Or condemnations of lands or easements or rights of way therein and any property necessary and convenient for the same may be acquired or condemned in the same proceed- ings and the property benefited may be assessed for the costs, dam- ages and expenses thereof according to the benefit from such gen- eral plan.

This Chapter amended December 10, 1912; approved hy the Legislature March 28, 1913 (Statutes, 1913, page 1602).

124 Charter of the City and County of San Francisco.

ARTICLE YII. , PUBLIC SCHOOLS AND LIBRARIES. CHAPTER I.

THE BOARD OF EDUCATION. Directors. Salary. Term.

Section 1, The School Department shall be under the control and management of a Board of Education composed of four School Directors, who shall be appointed by the Mayor, and who shall give their entire time to the duties of their office. They shall each re- ceive an annual salary of three thousand dollars. They shall not be less than thirty years of age and must have been residents of the City and County for at least five years prior to their appoint- ment. 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 Directors shall be four years. Those first appointed shall so classify themselves by lot that they shall respectively go out of office at the expiration of one, two, three and four years.

President. Secretary. Salary.

Sec. 2. The Board shall org'anize by electing one of its number President, who shall serve for one year and until his successor is elected. The Board may elect a Secretary who shall not be a mem- ber of the Board, and who shall receive an annual salary of eighteen hundred dollars.

Meetings. Rules.

Sec. 3. The Board shall meet at least once a week and at such other times as it may determine. It shall establish rules for its proceedings; but the concurrent vote of a majority of its members shall be necessary to transact business. In every instance where a power is exercised under this Article by the Board the vote thereon shall be taken hy ayes and noes and entered in the minutes of the Board.

CHAPTER II.

SCHOOLS. School Department.

Section 1. The School Department shall comprise all the public schools of the City and County and shall include primary and grammar schools and may include evening, deportment, technical, cosmopolitan, high and normal schools.

Night Schools.

See. 2. Adults shall be entitled to free instruction in the evening schools ; but no child under fourteen years of age shall be admitted to such schools.

Article VII, Chapter III. Public Schools and Libraries. 125 CHAPTER III.

POWERS OF THE BOARD OF EDUCATION. Powers of Board of Education.

Section 1. In addition to the powers conferred by the general laws of the State, the Board of Education shall have power :

Establish and Change Schools.

1. To establish and maintain public schools as provided in this Article, and to change, modify, consolidate or discontinue the same as the public welfare may require.

Teachers. Salaries. Promotion and Dismissal.

2. To employ such teachers and persons as may be necessary to carry into effect its powers and duties; to fix, alter and ap- prove their salaries and compensation, and to withhold for good and sufficient cause the whole or any part of the wages, salary or compensation of any person or persons employed as aforesaid; and to promote, transfer and dismiss teachers; but no teacher in the department at the time of the adoption of this Charter, or who shall be hereafter appointed, shall be dismissed from the de- partment, except for insubordination, immoral or unprofessional conduct, or evident unfitness for teaching. All promotions of teachers shall be based solely on merit and successful teaching. Nothing in this section shall be construed to prevent the Board from removing teachers holding only special certificates or serving a probationary term. Charges against teachers must be formally made by the Superintendent after due investigation, and shall be finally passed upon by the Board after giving the accused teacher due hearing.

Certificates.

3. To grant, to renew and, for the causes mentioned in Section 1, Subdivision 2 of this Chapter, to revoke teachers' certificates.

Rules and Regulations.

4. To establish and enforce all necessary rules and regulations for the government and efficiency of the schools and for carrying into effect the school system; to remedy truancy; to compel the attendance at school of children between the ages of six and four- teen years who may be found idle in public places during school hours.

Investigate Charges.

5. To investigate charges against any person connected with or in the employ of the School Department, and to take testimony in such investigations.

Hold and Lease Property.

6. To receive, to take on lease and to hold in trust for the City and County any real estate belonging to or claimed by the School Department. To hold in trust all personal property that may have been or may hereafter be acquired by the School Department. Pro-

126 Charter of the City and County of San Francisco.

vided, however, that the Panama-Pacific International Exposition Company (a corporation organized under the laws of the State of California, March 22, 1910) is authorized to assume and take over the management and control, and have the exclusive possession and use, of any lands belonging to or claimed by the School Department or by the City and County, which are situate westerly from Twen- tieth avenue, and not in actual use, for the purposes of an exposi- tionto celebrate the completion of the Panama Canal, such manage- ment and control, possession and use, to terminate not later than one year after the closing of such exposition.^ — As amended Novem- ber 15, 1910; approved by the Legisla^ture February 17, 1911 (Stat- utes, 1911, page 1661).

Census Marshals.

7. On or before the first day in April in each year, to appoint School Census Marshals, and notify the Superinlendent of Com- mon Schools of such appointments. Any Census ]Marshal found incompetent may be discharged by the Superintendent of Com- mon Schools. Should the Board fail or neglect to fill the vacancy so caused within three days thereafter by the appointment of a person competent to perform the duties of Census ^larshal, such vacancy may be filled by the Superintendent of Common Schools.

Actions.

8. To sue in the name of the City and County for lots, lands and property belonging to or claimed by the School Department. To prosecute and defend all actions at law or special proceedings or suits in equity concerning the enjoyment and possession of such lots, lands and property. To require the services of the City Attor- ney in all actions, suits and proceedings by or against the Board of Education.

Disbursement of IVIoneys. Segregation of Fund.

9. To establish regulations for the disbursement of all moneys belonging to the School Department or to the Common School Fund, and to secure strict accountability in the expenditure there- of; to provide for the prompt payment, on not later than the fiftli day of every month, of all salaries due and allowed officers, teachers and other employees of the School Department. For this purpose the Auditor shall annually segregate so much of the Common School Fund as shall not exceed tw^enty-eight dollars for each pupil in average daily attendance in the Public Schools of the City and County during the preceding fiscal year. The amount so seg- regated shall not be applied to the payment of any demand against such Common School Fund during any fiscal year other than for salaries, until all salaries for that fiscal year have been fully paid or provided for. The Board shall ascertain and transmit to the 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-eight dollars.

Article VII, Chapter III. Public Schools and Libraries. 127

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 by the Board, they shall be signed by the President of the Board and the Superintendent and sent to the Auditor. Every demand shall have endorsed upon it a certificate, signed by the Secretary, of its approval by the Board of Educa- tion, showing the date thereof, and the law authorizing it by title, date and section. Every person in the employ of the School De- partment entitled to a salary therefrom shall receive a warrant for the amount due and approved by the Board, signed by the Presi- dent and Secretary thereof. The entire monthly salary roll of the Department shall be made up by the Secretary of the Board, and after being duly audited by the Finance Committee thereof and approved by a majority of all the members of the Board, shall be endorsed in the same manner as other demands. The salary roll so audited, approved and endorsed, shall be immediately trans- mitted 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 payment 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 required for school purposes ; but no lease shall be made except after advertise- ment 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 mem- bers 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 ]\Iayor; 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 De- partment of the City and County. — As amended November 5, 1907; approved by the Legislature November 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, educa- tional purpose or school library; to carry into effect the terms of any bequest not in conflict with the general laws or this Charter; and to sell such personal property as shall no longer be required 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.

128 Chaf'ter of the City and County of San Francisco.

Proposals for Supplies. Provisions Governing Proposals.

Sec. 2. The Board shall annually, before the first day of May, make a list of supplies estimated to be required by the School De- partment for the ensuing fiscal year, stating in clear and explicit terms the quantity and kind of articles needed and how and when they shall be delivered, and shall invite proposals for furnishing the same by advertising therefor for at least ten days in the official newspaper.

The provisions of Article II, Chapter III, of this Charter, in regard to the advej:-tising for proposals, the affidavit and security accompanying the same, the presentation and opening of proposals; the awarding of contracts and the security for the performance thereof, shall, so far as the same can be made applicable, apply to all proposals and contracts made, awarded or entered into for fur- nishing supplies to the School Department. Any contract made 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 year, 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 money drawn from the treasury by the Department during the year, distinguishing the State fund from all others, the purpose for which such money has been ex- pended, with particulars, and such other information 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 en- suing fiscal year for teachers and all employees of the School De- partment.

CHAPTER IV. SUPERINTENDENT OF SCHOOLS. Member of Board. Salary.

Section 1. The Superintendent of Schools of the City and County shall be elected by the qualified electors thereof at each gubernatorial election.

He shall be by virtue of his office a member of the Board of Education. He shall receive an annual salary of four thousand dollars. — As amended March 16, 1915 ; approved hy the Legislature April 1, 1915 (Statutes, 1915, page 1807).

Article VII, Chapter IV. Public Schools and Libraries. 129

Deputy Superintendents.

Sec. 2. The Superintendent shall appoint four Deputy Super- intendents. The number of such deputies shall not be increased until the average daily attendance shall have reached forty-five thousand, when the Superintendent shall appoint one additional deputy and thereafter he shall appoint one deputy for each addi- tional eight thousand children in average daily attendance. If from any cause a vacancy occurs in the office of Deputy Super- intendent, such vacancy shall be filled by the Superintendent.

Term of Deputies.

Sec. 3. Of the Deputy Superintendents first appointed, the Superintendent shall appoint two for two years and two for four years. All Deputy Superintendents subsequently appointed shall hold office for four years. Qualifications of Deputies.

Sec. 4, Such deputies must have had at least ten years' suc- cessful experience as teachers, and shall have been residents of the City and County at least five years preceding their appointment. Duties of Superintendent.

Sec. 5. In addition to the duties imposed by the general laws of the State, it shall be the duty of the Superintendent : Enforce Rules.

1. To observe and enforce all rules and regulations of the Board of Education and to see that no religious or sectarian books or teachings are allowed in the schools.

Annual Report to Board.

2. To report to the Board of Education annually, on or before the twentieth day of August, and at such other times as the Board may require, all matters pertaining to the condition and progress of the public schools of the City and County during the fiscal year, with such recommendations as he may deem proper.

Recommendations.

3. To inform the Board of the condition of the schools, school houses and of other matters connected therewith, and to recom- mend such measures as he may deem necessary for the advance- ment of education in the City and County, and for the care and improvement of the property of the School Department.

Visit All Schools.

4. To visit and examine, with the assistance of his deputies, all the schools at least twice a year, and determine their standing and classification. To recommend rules for the promotion of pupils from grade to grade, from school to school, and for the transfer and the graduation of pupils.

Studies and Text-Books.

5. To recommend to the Board the courses of studies, the text- books and books for supplementary use in the public schools and

130 Charter of the City and County of San Francisco.

the purchase of such apparatus, books, stationery and other class- room supplies as may be required in the schools.

Standing of Schools.

6. To report to the Board once a month upon the standing of schools examined by him and his deputies.

City Board of Examination. Powers.

Sec. 6. The Superintendent and his Deputies shall constitute the City Board of Examination, and shall have power :

To Examine Applicants.

1. To examine applicants, and to prescribe a standard of pro- ficiency which will entitle the person examined to receive :

a. A high school certificate, valid for six years, which shall authorize the holder to teach any primary, grammar, or high school in the City and County.

&. A City certificate, grammar grade, valid for six years, which shall authorize the holder to teach any primary or gram- mar school in the City and County.

c. A City certificate, primary grade, valid for two years, which shall authorize the holder to teach any primary school in the City and County. They shall report the result of the examination to the Board of Education, and the Board shall thereupon issue to the successful candidates the certificates to which they shall be entitled.

Special Certificates.

2. To recommend applicants for special certificates valid for a period not to exceed six years, upon such special studies as may be authorized by the Board of Education.

Revocation of Certificates.

3. For immoral or unprofessional conduct, profanity, intem- perance, or evident unfitness for teaching, to recommend to the Board of Education the revocation of any certificates previously granted by the Board.

Recommend City Certificates.

4. To recommend the granting of City certificates, and the renewal thereof, in the manner provided for the granting and re- newal of County certificates by County Board of Education in sec- tion seventeen hundred and seventy-five of the Political Code.

CHAPTER V.

SCHOOL TAX LEVY. Annual Estimate. Limit of Aggregate Amount.

Section 1. The Board of Education shall, on or before the first Monday of April in each year, report to the Supervisors an esti- mate of the amount which shall be required during the ensuing fiscal year for the purpose of meeting the current annual expenses of public instruction in the City and County specifying the amount

Article VII, Chapter VL Public Schools and Libraries. 131

required for supplies to be furnished pupils, including text-books for indigent children; for purchasing and procuring sites; for leasing rooms or erecting buildings; for furnishing, fitting up, altering, enlarging and repairing buildings; for the support of schools organized since the last annual apportionment; for the salary of the School Directors, Superintendent, Deputy Superin- tendents, and all other persons employed in the School Depart- ment, and for other expenditures necessary for the administration of the Public School system ; but the aggregate amount so reported for any one year shall not exceed the sum of thirty-two dollars and fifty cents for each pupil, who in the fiscal year immediately prior thereto actually attended the schools entitled. to participate in the 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 Board 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 Mayor 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 school 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 expen- diture, and provide for the same in the next tax levy of the City and County.

CHAPTER YI.

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 Edu- cation 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 lo- cation 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 Board of Education they shall be endorsed ''Approved," with the

132 Charter of the City and County of San Francisco.

date of such approval, by the President and Secretary thereof, and returned to the Board of Public Works, which shall proceed with- out delay to have such school house constructed and completed 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 specifications and within the estimated cost thereof, the Board of Education 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 gen- eral terms the work to be done. The Board of Public W^orks shall cause the same to be done forthwith, if the cost thereof shall not exceed two hundred and fifty dollars ; otherwise the Board of Pub- lic Works shall submit plans, specifications and estimates of cost to the Board of Education for its approval, and if approved as pro- vided 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.

Purcliase 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 exceed 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 Reading Rooms of the City and County shall be under the management of a Board of twelve Trustees, one of whom shall be the Mayor of the City and 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 effect shall continue to constitute the Board of Trustees of said Public Library and Reading Rooms; and all vacancies therein shall be filed by said Board. None of said Trustees shall receive any compensation for his services.

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,

Article VII, Chapter VII, Public Schools and Libraries. 133

and for purchasing books, journals and periodicals, and for pur- chasing or leasing real and personal property and for constructing 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.

Sec. 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. Th6 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 Employees.

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 inconsistent with the terms and conditions of the gift, devise or bequest. It shall meet for business purposes at least once a month, and at such other times as it may appoint, in a place to be provided for the purpose. A majority of the Board shall constitute a quorum for the trans- action of business. It shall elect one of its number President, w^ho shall serve for one year and until his successor is elected, and shall elect a Librarian and Secretary and such assistants as may be nec- essary. The Secretary shall keep a full account of all property, money, receipts and expenditures and a record of all its proceed- ings.

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 ;

134 Charter of the City and County of San Francisco.

Rules and Regulations.

1. To make and enforce all rules, regulations and by-laws neces- sary for the administration, government and protection of the Library and Reading Rooms and branches thereof, and all prop- erty 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 officers; determine the number of and elect all necessary subordinate offi- cers and assistants, and for good and sufficient cause to remove any officer or assistant.

Purchase Books.

4. To purchase books, journals, publications and other personal property.

Payments From Library Fund.

5. To order the drawing and payment upon vouchers, certified 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 erect and equip such building or buildings, room or rooms, as may be 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 shall have power to appropriate and authorize the use, either in whole or in part, of any real estate belonging to the City and County, for the purpose of erecting and maintaining a building or buildings thereon to be used for the Library and Reading Rooms, or branches thereof, and may appro- priate the whole or any portion of any public building belonging to the City and County for such use.

Article VIII, Chapter II. Police Department. 135

AETICLE VIII.

POLICE DEPARTMENT.

CHAPTER I.

ORGANIZATION. Consists Of.

Section 1. The Police Department shall consist of a Board of Police Commissioners, a Chief of Police, a Police Force, and of such clerks and employees as shall be necessary to carry into effect the provisions of this Article.

Term of Members.

Sec. 2. All members of the Police Department shall hold office during good behavior, subject to the provisions hereinafter set forth relating to promotions, suspensions, dismissals and disrate- ments.

Qualification of Members.

Sec. 3. No person shall become a member of the Department unless he shall be a citizen of the United States, of good charac- ter for honesty and sobriety, able to read and write the English language, and a resident of the City and County for at least five years next preceding his appointment. Every appointee to the Department shall not be less than twenty-one nor more than thirty-five years of age, must possess the physical qualifications required for recruits of the United States Army, and before his appointment must pass a satisfactory medical examination under such rules and regulations as may be prescribed by the Board of Police Commissioners. In making appointments of members of the Department, the Board shall never regard the political or religious preferences or affiliations of any candidate.

CHAPTER II.

POLICE COMMISSIONERS. Appointed by Mayor. Salary.

Section 1. The Police Department shall be under the manage- ment of a Board of Police 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 such Commissioner who shall not have been an elector of the City and County for at least five years next preced- ing his appointment.

Political Affiliations. 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 re- spectively go out of office at the expiration of one, two, three and four years.

136 Charter of the City and County of San Francisco.

Successors in Office.

Sec. 3. The Commissioners shall be successors in office of the Police Commissioners holding office in the City and County at the time this Charter shall go into effect by virtue of appointment under any statute or law of this State.

President. Secretary. Salary.

Sec. 4. The Police Commissioners shall organize by electing one of their number President, who shall hold such office for one year. The Board shall appoint a Secretary, who shall receive an annual salary of fifteen hundred dollars. The sessions of the Board shall be public, except that executive sessions may be held whenever deemed proper by the Board. The Board shall meet at least once a week in the rooms of the Police Department, or in case of public emergency at such place as the Board may select. The Secretary must keep minutes of its proceedings; and in every case where a power is exercised by the Board under this Article the ayes and noes thereon shall be entered therein.

CHAPTER III.

POWERS OF BOARD. Powers of Commissioners.

Section 1. The Board of Police Commissioners shall have power : Appoint and Dismiss.

1. To appoint, promote, suspend, disrate or dismiss any mem- ber of the Department in the manner hereinafter provided.

Rules and Regulations.

2. To prescribe rules and regulations for the government, dis- cipline, equipment and uniform of the Department, and from time to time to alter or repeal the same, and to prescribe penalties for the violations of any of such rules and regulations. All such rules and regulations must be reasonable.

Permits for Sale of Liquor. Hearing of Persons Refused Permits.

3. To grant permits to any person desiring to engage in the sale of liquor in less quantity than one quart, and to grant per- mits to any person engaged in the business of selling liquor to be drunk on the premises, and to revoke any; such permit when it shall appear to the Board that the business of the person to whom such permit was given is conducted in a disorderly or im- proper manner. Without such permit none of such persons shall engage in the business of selling liquor. If the Board refuse to grant such permit, or propose to revoke any permit that has been granted, the person who is refused such permit or whose permit it is proposed to revoke, shall be entitled to be heard before the Board in person, or through counsel, and to have, free of charge, all reasonable facilities at the hearing. Such permits shall not be granted for more than three months at one time, and they shall

Article VIII, Chapter III. Police Department. 137

distinctly state the name of the person to whom the same is given and the description of the premises where such business is to be carried on. Such permits shall at all times be subject to inspection by any member of the Department. Complaints to revoke permits granted by the Board must be in writing, signed by the person making the same and filed with the Secretary of the Board ; and a copy thereof certified by the Secretary must be served upon the party complained against, at least five days before the time set for the hearing of the complaint.

Special Police Officers.

4. At its discretion, upon the petition of any person, firm or corporation, to appoint, and at pleasure to remove, special police officers. Such officers shall be subject to all the rules and regula- tions of the Board.

Sale and Disposition of Unclaimed Property.

5. To provide for the care, restitution or sale at annual public auction of all unclaimed property that may come into the possession of the Property Clerk, and to direct the destruction of such prop- erty as shall consist of implements, weapons, property or any other article, matter or thing used in the commission of crime.

Police Matrons.

6. To appoint Police Matrons for the care of female prisoners and to provide rules and regulations for the government of the same.

Police Surgeon.

7. To appoint a Police Surgeon, who shall receive an annual salary of fifteen hundred dollars.

Investigations of Police Department.

8. The Board shall, of its own motion, and without the filing or presentation of any complaint, have power to initiate and con- duct investigations of all matters affecting or relating to affairs of the Police Department or the discipline of the- members thereof, and for the conduct of such investigations, shall have power to take and hear testimony touching the matters under investigation, ad- minister oaths and affirmations, and upon such investigations, and upon the trial or hearing of all matters, jurisdiction to try or hear which is given by this Charter to said Board, shall have power to issues subpoenas for the attendance of witnesses, and the produc- tion of books, papers and documents pertinent to the matter under investigation, or to said trial or hearing. Whenever any person subpoenaed to appear and give t<^stimony or to produce such books, papers or documents as required by such subpoena, shall refuse to appear or testify before said Board, or to answer any questions which the majority of said Board shall decide to be proper and pertinent, he shall be deemed in contempt of said Board, and it shall be the duty of the President of said Board to report the fact

138 Charter of the City and County of San Francisco.

to the presiding judge of the Superior Court of the City and County of San Francisco, State of California, who shall thereupon issue an attachment in the form usual in said Superior Court, di- rected to the Sheriff of said City and County, commanding said Sheriff to attach such person and forthwith bring him before said presiding judge of said Superior Court. On the return of said attachment, and the production of the person attached, the said presiding judge shall have jurisdiction of the matter, and the per- son charged may purge himself of the contempt in the same way, and the same proceedings shall be had, and the same penalties may be imposed and the same punishment inflicted as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a Superior Court of the State of California. Any member of said Board shall have power to issue any subpoena here- in provided for. — New subdivision added hy amendment December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602). Permits Other Than Liquor.

9. To grant or refuse to grant permits to any person engaged or desiring to engage in business as a pawnbroker, peddler, junk- shop keeper, dealer in second-hand merchandise, auctioneer and in- telligence office keeper, and such other characters of business or callings as may hereafter be required by ordinance enacted by the Board of Supervisors to obtain permits from this Board, and to revoke any such permit where it shall appear to the Board that the business or calling of the person to whom such permit was granted is conducted in a disorderly or improper manner, or that the place where such business is being conducted or maintained is not a proper or suitable place in which to conduct or maintain such busi- ness or calling. Before granting any such permit or revoking a permit already granted, the applicant or person holding such per- mit shall be entitled to be heard before said Board in person or by counsel. Such permit shall distinctly state the name of the person to whom the same is given, the character of business or calling to be conducted and a description or designation of the premises where, such business is to be so conducted. Such permits shall at all times be subject to inspection by any member of the Depart- ment. Complaints to revoke permits granted by the Board must be in writing, sig^ned by the person making the same and filed with the Secretary of the Board; and a copy thereof certified by the Secretary must be served upon the person holding such permit, who shall be given reasonable notice of the time set for the hearing of the complaint. — New subdivision added by amendment Novem- ber 5, 1918; approved by the Legislature January 17, 1919 (Stat- utes, 1919).

Special IVIeetings.

Sec. 2. The President may convene the Board for special meet- ings. The Secretary of the Board shall be the official custodian of all records and official documents of the Board.

Article VIII ^ Chapter IV. Police Department. 139

CHAPTER IV.

THE CHIEF OF POLICE. Term. Salary. Powers. Duties.

Section 1. The Chief of Police shall be appointed by the Board of Police Commissioners and hold office for the term of four years, lie shall receive an annual salary of four thousand dollars. He shall have control, management and direction of all members of the Department in the lawful exercise of his functions, with full power to detail any of them to such public service as he may direct, and with like power to suspend temporarily any member of the Depart- ment. In all cases of such suspension, he shall immediately report the same to the Board, with the reasons therefor in writing. He shall maintain and enforce law and rigid discipline so as to secure complete efficiency of the Department. He shall, subject to the directions and orders of the Commissioners, have control of such of the prisons of the City and County as are not by the general law^ under the control of the Sheriff.

Powers and Duties. Riots.

Sec. 2. In the suppression of any riot, public tumult, disturb- ance of the public peace, or organized resistance against the laws or public authority, the Chief of Police shall, in the lawful exercise of his functions, have all the powders that are now or may be con- ferred on Sheriffs by the laws of the State.

Chief Executive Officer of the Department.

Sec. 3. The Chief of Police shall be the chief executive officer of the Department. He shall be chargeable with and responsible for the execution of all laws and ordinances and the rules and regulations of the Department. He shall see that the orders and process issued by the Police Court and such other orders and pro- cess as may be placed in his hands are promptly executed, and shall exercise such other powders connected with his office as may be provided for in the general rules and regulations of the Com- missioners.

Law Books in Office.

Sec. 4. The Chief of Police shall keep a public office, in which he shall have the Statutes of this State and of the United States, and all necessary works on criminal law. In case of his temporary absence, some competent member of the Department, by him desig- nated for that purpose, shall be in attendance at all hours of the day and night ; and in such case he shall make known to such mem- ber of the Department where he can be found.

Bailiffs in Police Court. Appointees. Salaries.

Sec. 5. The Chief of Police shall detail one or more of the mem- bers of the Department to attend constantly on the Police Court and to execute its orders and process. He shall detail at his pleas- ure members of the Department to act as his Chief Clerk, Assistant Clerks, Prison Keepers and Property Clerk. Said Chief Clerk

140 Charter of the City and County of San Francisco,

and said Property Clerk shall each receive an annual salary of two thousand six hundred and forty dollars.- — As amended Novem- ber 5, 1918; approved by the Legislature January 17, 1919 (Statutes, 1919),

Contingent Fund. Total Disbursements.

Sec. 6. The Chief of Police may from time to time disburse such sums for contingent expenses of the Department as in his judgment shall be for the best interest of the City and County, to be paid out of the contingent fund allowed the Department. The aggregate of all such sums shall not in any one fiscal year exceed the sum of ten thousand dollars. Provision shall be made by the Supervisors for such contingent fund in the annual tax levy. The Commissioners shall allow and order paid out of such contingent fund, as contingent expenses of the Police Department, upon orders signed by the Chief of Police, such amounts as may be required.

Control Over Pawnshops, Peddlers, Etc.

Sec. 7. The Chief of Police shall possess powders of general police inspection, supervision and control, over all pawnbrokers, peddlers, junk-shop keepers, dealers in second-hand merchandise, auctioneers and intelligence office keepers. All persons engaged in said callings must first procure permits from the Commissioners. In the exercise of such power the Chief may by authority in writ- ing from time to time empower members of the Police Department, when in search of property feloniously obtained or in search of suspected offenders, or in search of evidence to convict any person charged with crime, to examine the books and the premises of any such person. Any such member of the Police Department, when thereunto empowered in writing by the Chief of Police, may examine property alleged to have been pawned, pledged, deposited, lost, strayed or stolen.

CHAPTER V.

SUBORDINATE OFFICERS. Salaries of.

Section 1. Subordinate officers of the Police Department shall consist of Captains, who shall each receive an annual salary of two thousand six hundred and forty dollars; Lieutenants, who shall each receive an annual salary of two thousand one hundred and sixty dollars; Sergeants, who shall each receive an annual salary of one thousand nine hundred and twenty dollars; and corporals, who shall each receive an annual salary of one thou- sand eight hundred dollars. — As amended November 5, 1918; approved by the Legislature Janunry 17, 1919 (Statutes, 1919).

Captains' Duties.

Sec. 2. There shall be one Captain for each one hundred police officers. The duties of Captains shall be defined by the rules and

Article VIII, Chapter VI. Police Department. 141

regulations of the Commissioners and by the orders of the Chief of Police.

Lieutenants* Duties.

Sec. 3. There shall be one Lieutenant for every fifty police officers. The duties of Lieutenants shall be defined by the rules and regulations of the Commissioners, by the orders of the Chief of Police, and by 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 the orders of their respective Captains and Lieutenants.

Corporals' Duties.

Sec. 5. There shall be as many Corporals as in the judgment of the Commissioners may be advisable. The duties of the Cor- porals shall be defined by the rules and regulations of the Commis- sioners, the orders of the Chief of Police, and the orders of their respective Captains, Lieutenants and Sergeants.

Detectives. Captain of Detectives.

Sec. 6. The Chief of Police may detail for detective duties such members of the Department as he may select, not to ex- ceed twenty-five. He shall designate a Captain of Police to act as Captain over the officers so detailed, who shall receive an an- nual salary of three thousand dollars. Such Captain shall rank as Captain of Detectives, and his duties shall be defined by the Commissioners and by the Chief of Police. The members so de- tailed shall be known and ranked as Detective Sergeants. Each of said Detective Sergeants shall receive an annual salary of one thousand nine hundred and twenty dollars. They may be re- moved at any time from such detail by the Chief of Police. Their duties shall be defined by the rules and regulations of the Com- missioners, by the orders of the Chief of Police, and by the orders of the Captain of Detectives.^ — As amended November 5, 1918; approved hxj the Legislature January 17, 1919 (Statutes 1919).

CHAPTER VI.

POLICE OFFICERS.

Police Force: Number and Salaries.

Section 1. The police force of the City and County shall not ex- ceed one police officer for each five hundred inhabitants thereof. Police officers shall each receive an annual salary of one thousand seven hundred and four dollars. — As amended November 5, 1918; approved by the Legislature Januai^ 17, 1919 (Statutes 1919).

142i Charter of the City and County of San Francisco.

Police Patrol Drivers.

Sec. lyo. In addition to the Police Force provided for in Sec- tion 1 of this Chapter, there shall be not to exceed three Police Patrol Drivers for each Police Company, each of which drivers shall receive an annual salary of not less than $1464; and said Police Patrol Drivers shall, for the purpose of receiving a pension, be considered a part of the Police Force, and shall be subject to the provisions and entitled to the benefits of Chapter X of Article VIII of the Charter. — New section added hy amendment November 5, 1918; approved hy the Legislature January 17, 1919 (Statutes 1919).

Property of Prisoners.

Sec. 2. Every Police Officer shall, upon the arrest of any person charged with the commission of crime, search the person of such offender, and take from him all property and weapons, and forthwith deliver the same to the prison-keeper, who must deliver the same to the Property Clerk, to be by him kept until other disposition be made thereof according to law.

Ex-Offlcio Health Officers.

,Sec. 3. Police Officers shall be health officers by virtue of their office.

CHAPTER VII.

PROMOTIONS, SUSPENSIONS, DISMISSALS AND DISRATEMENTS. Promotions.

Section 1. All promotions in the Department shall be from the next lowest rank, seniority of service and meritorious public service being considered.

Violation of Rules.

Sec. 2. Any member of the Department guilty of any offense, or violation of rules and regulations, shall be liable to be punished by reprimand, or by fine to be fixed by the Commissioners, or by dismissal from the Department ; but no fine shall ever be imposed at any one time for any oft'ense exceeding one month's salary.

Fair Trial Before Dismissal or Punishment.

Sec. 3. No member of the Department shall be subject to dis- missal for any cause, or to punishment for any breach of duty or misconduct therein, except after a fair and impartial trial before the Commissioners upon a verified complaint filed with the Board setting forth specifically the acts complained of, and after such reasonable notice to him of the time and place of hearing as the Board may by rule prescribe. The accused shall be entitled upon such hearing to appear personally and by counsel ; to have a public trial ; and to secure and enforce free of expense to him the attend- ance of all witnesses necessary for his defense.

Article VIII, Chapter VIII. Police Department. 143

CHAPTER VIII.

UNCLAIMED AND STOLEN PROPERTY. Lost, Stolen or Unclaimed Property.

Section 1. All property or money taken under suspicion of having been stolen or feloniously obtained, the result of crime or constituting the proceeds of crime, and all property or money taken from intoxicated or insane persons, or other persons inca- pable of taking care of themselves, or property or money lost or abandoned that may in any way come into the possession or cus- tody of any member of the Department, or of any Criminal Court or Judge of the City and County, shall be delivered to the Prop- erty Clerk, who shall enter in a Record Book, to be kept by him for that purpose, a full and explicit description of the same, together with the name of the person or persons from whom re- ceived, the names of any claimants thereto, the time of the seizure and the final disposition thereof.

Property of Innocent Persons to Be Returned.

Sec. 2. When property or money taken from any person ar- rested, or otherwise under suspicion of having been feloniously obtained, or of being the proceeds of crime, is brought with the claimant thereof and the person arrested before a Court for exami- nation and adjudication, and the Court shall adjudge that the person arrested is innocent of the offense alleged, and that the property or money belongs to him, it shall order such property or money returned to the accused, and the Property Clerk shall thereupon deliver such property or money to him personally, but not to his attorney or agent. If upon such hearing the accused shall be held for trial or examination, such property or money shall remain in the custody of the Property Clerk until the dis- charge or conviction of the person accused.

Unclaimed Property to Be Sold, When.

Sec. 3. All unclaimed property and money that has been in the custody of the Property Clerk for one year shall be sold at public auction (with the exception of firearms and other deadly weapons, which must be destroyed by Property Clerk), fifter having been five times advertised in the official newspaper; and the proceeds of such sale shall be paid into the treasury to the credit of the Police Relief and Pension Fund. In no case shall such property be sold or disposed of until the neces- sity for the use thereof as evidence has ceased. The proceeds of property taken from insane persons shall not become part of such Fund until after the expiration of three years from the time the same is paid into the treasury, but the Commissioners and the Chief of Police shall, during such period, make diligent inquiry to ascertain the person or persons to whom the same should by right be payable. — As amended March 16, 1915; approved by the Legislature April 1, 1915 (Statutes, 1915, page 1807).

144 Charter of the City and County of San Francisco.

Property as Evidence in Court.

Sec. 4, If any property or money in the custody of the Prop- erty Clerk be required as evidence in any Court, it shall be deliv- ered to any officer who shall present an order in writing to that effect from such Court, and the Clerks of such Court shall be responsible for the safe delivery of such property or money to the Property Clerk.

Duty of Property Clerk.

Sec. 5. All valuables and money in the custody of the Property Clerk shall be deposited by him, for safe keeping, with the Treas- urer, in such manner and subject to such rules and regulations as may be prescribed by the Board.

CHAPTER IX. PRESENT POLICE FORCE. Constitution of the Force.

Section 1. All members of the present Police Force in good standing in the Department at the time this Charter goes into effect, and the Park Police, shall continue therein without Civil Service examination ; but all new appointments and all promotions made after this Charter shall go into effect shall be subject to and governed by Article XIII of this Charter.

CHAPTER X.

POLICE RELIEF AND PENSION FUND.

Pension Fund. Board of Trustees.

.Section I. In order to continue in force and make effectual pensions already existing in favor of the Police Force, a Fund is hereby created to be known and designated as the Police Relief and Pension Fund. The Board of Police Commissioners and its successors in office shall constitute a Board of Trustees of said Fund.

Qualifications Requisite to Pensioners. Monthly Pension.

Sec. 2. The Board of Police Commissioners may, by a unani- mous vote, retire and relieve from service any aged, infirm or disabled member of the Department who has arrived at the age of sixty-five years, and who, upon an examination by two regularly certified practicing physicians appointed by the Commissioners for that purpose, may be ascertained to be by reason of such age, infirmity or other disability, unfit for the performance of his duties. Such retired member shall receive from the Police Relief and Pension Fund a monthly pension equal to one-half of the amount of the salary attached to the rank held by him three years prior to the date of his retirement. No such pension shall be paid unless such person has been an active member of the Department for twenty years continuously next preceding his retirement, and the same shall cease at his death.

Article VIII, Chapter X. Police Department. 145

Physical Disabilities. Annual Pension.

Sec. 3. Any member of the Department who shall become 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 Police, 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 pension on account of such disability, may be retired from the Department 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 shall cease his pension shall cease, and he shall be restored to the service in the rank he occupied at the time of his retirement.

Family of Member Killed in Service: Monthly Pension to Widow, Chil- dren and Parents.

Sec. 4. The Commission shall, out of the Police Relief and Pension Fund, provide as follows for the family of any officer, member or employee who may be killed or injured while in the performance of his duties, and who shall have died within three (3) years from the date of such injury, and the receipt by such officer, member or employee of any relief under this Chapter dur- ing his lifetime shall not bar the said family from the benefits of this section.

First — Should the decedent be married, his widow shall as long as she may remain unmarried be paid a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his death.

Second — Should the decedent leave no widow, but leave an orphan child or children under the age of sixteen years, such children shall collectively receive a pension equal to one-half of the salary attached to the position held by their father at the time of his death until the youngest attains the age of sixteen years.

Third — Should the decedent leave no widow and no orphan child or children, but leave a parent or parents depending solely upon him for support, such parents, so depending, shall collec- tively receive a pension equal to one-half of the salary attached to the position held by the decedent at the time of his death, during such time as the Commissioners may unanimously determine its necessity.

Fourth — Any member or members of the family of the deceased claiming to be entitled to a pension under the provisions of this section, shall file a verified petition therefor with said Commission, which petition shall thereafter be heard by said Board, upon such reasonable notice to the petitioner or petitioners of the time and

146 Charter of the City and County of San Francisco.

place of such hearing, as said Board may by rule or order pre- scribe. Said petitioner or petitioners shall be entitled, upon such hearing, to appear personally and by counsel. Upon such hear- .ing any interested person shall have the right to introduce testi- mony relative to the matters set forth in said petition. . The judg- ment of said Commissioners respecting said application shall be final, unless in determining said application said Commissioners commit a clear abuse of discretion. — As amended November 7, 1916; approved hy the Legislature January 18, 1917 (Statutes, 1917, page 1708).

Forfeiture of Pensions.

Sec. 5. Any person receiving a pension as aforesaid from the Police Relief and Pension Fund, who shall be convicted of felony, shall become dissipated, an habitual drunkard, or shall become a non-resident of this State, shall forfeit all right to said pension.

Death After Ten Years' Service.

Sec. 6. When any member of the Department shall, after ten years' service, die from natural causes, then his widow, and if there be no widow, then his children, or if there be no widow or children, then his mother, if dependent upon him for support, shall be entitled to a sum equal to the. amount retained by the Treasurer from the pay of such deceased member and paid into the Relief and Pension Fund; but the provisions of this section shall not apply to any member of the Department who shall have received any pension under the terms of this Chapter.

Rules and Regulations.

Sec. 7. The Commissioners shall make rules and regulations to carry out the provisions of this Chapter and to enforce compliance therewith on the part of the members of the Department. It shall make up an estimate every year of the amount required to pay all demands on the Police Relief and Pension Fund for the succeeding fiscal year, and certify the same to the Supervisors in connection with and as a part of the annual appropriation for the Police Department.

Rewards for Heroic Conduct.

Sec. 8. The Commissioners may, on notice to the (5hief of Police, reward any member of the Department for conduct which is heroic or meritorious. The form or the amount of such reward shall be discretionary with the Board; but it shall not exceed in any one instance one month's salary.

Meetings. Record of Proceedings. List of Pensioners.

Sec. 9. The Board of Police Pension Fund Commissioners shall hold quarterly meetings on the first Mondays of April, July, Octo- ber and January of each year, and upon the call of its President. It shall issue warrants, signed by its President and Secretary, to the persons entitled thereto, for the amount of money ordered paid to such persons from the Relief and Pension Fund. Each warrant shall state for what purpose the payment is made.

Article VIII, Chapter X. Police Department. 147

The Board of Police Pension Fund Commissioners shall keep a public record of its proceedings. It shall at each quarterly meet- ing send to the Treasurer and to the Auditor a written or printed list of all persons entitled to payment from the Relief and Pension Fund, stating the amounts of such payments, and for what granted. Such list shall be certified and signed by the President and Secre- tary of the Board. The Auditor shall thereupon enter a copy of such list upon, a book to be kept for that purpose, which shall be known as The Police Relief and Pension Fund Book. All war- rants signed by the President and Secretary of the Board shall be presented to the Auditor, and be audited and ordered paid by him out of said Fund.

Powers of Board. Secretary.

Sec. 10. The Board of Police Pension Fund Commissioners shall possess the powers vested in the Board of Police Commis- sioners to make rules and regulations for its guidance. It may appoint a Secretary, and provide for the payment from said Fund of all its necessary expenses, not exceeding fifty dollars for any one month, including the salary of the Secretary and printing. No compensation shall be paid to any member of the Board for any duty required or performed as Police Relief and Pension Fund Commissioner.

Sources of Revenue.

Sec. 11. The Supervisors shall annually, when the tax levy is made, direct the payment into the aforesaid Fund of the following moneys :

1. Not less than five nor more than ten per centum of all moneys collected and received from licenses for the keeping of places where spirituous, malt or other intoxicating liquors are sold.

2. One-half of all moneys received from taxes or from licenses upon dogs.

3. All moneys received from fines imposed upon members of the Police Department for violation of law or the rules or regulations thereof.

4. All proceeds of sales of unclaimed property.

5. Not less than one-fourth nor more than one-half of all moneys received from licenses from pawnbrokers, billiard hall keepers, dealers in second-hand merchandise, and from junk stores.

6. All moneys received from fines for carrying concealed weapons.

7. Twenty-five per centum of all fines collected in money for violation of any ordinance.

8. All rewards to members of the Police Department, except such as shall be excepted by the Commissioners.

9. The Treasurer shall retain from the pay of each member of the Police Force two dollars a month, which shall be forthwith paid into the Police Relief and Pension Fund. No other or further

148 Charter of the City and County of San Francisco.

retention or reduction shall be made from such pay for any other fund or purpose unless the same is herein authorized.

Policemen on Special Detail.

Sec. 12. When a request is made for regular policemen to be detailed at any place of amusement or entertainment, ball, party, or picnic, the party or person making such request shall first deposit two dollars and fifty cents for each man so detailed with the Prop- erty Clerk of the Department, who shall give him a receipt for the same, and such sum shall be at once paid into the treasury to the credit of the Police Relief and Pension Fund.

Auditor's Report on Pension Fund. Surplus.

Sec. 13. On the last day of June of each year, or as soon there- after as practicable, the Auditor shall make a report to the Super- visors of all moneys paid out of such Fund during the previous year, and of the amount then to the credit of such Fund. The surplus then remaining in such Fund exceeding the average annual amount paid out of such Fund during the three years next preced- ing shall be 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. 149

AETICLE 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 ^layor, 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 Affiliations. Term.

See. 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 shall organize the Department, create and establish such fire companies as it may deem necessary, prescribe the number and duties of the officers, members and employees of the Department, and the uniforms and badges to be worn by them; have control of all the property and equipments of the Depart- ment, and exercise full power and authority over all appropria- tions made for the use of the Department.

Qualifications of Firemen, Mechanics and Others.

Sec. 6. All persons appointed to positions in the Department must at the time of their appointment be citizens of the United States, not less than twenty-one nor more than thirty-five years

150 Charter of the City and County of San Francisco.

of age, of good character for honesty and sobriety, and able to read and write English; they must have been residents of the City and County at least five years next preceding the date of their appointment; they must pass a medical examination under such rales and regulations as may be prescribed by the Commissioners, and must, upon such examination, be found in sound bodily health ; provided, hoivever, 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; approved 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 imposed, and shall be transferred by the Treasurer to the Fire- men'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. 151

No Other Employment.

Sec. 10. No member or employee of the Fire Department shall be engaged in any other employment.

Two Platoon System.

Sec. 11. Each period of twenty-four hours shall be divided into two tours of duty, to-wit: from eight o'clock a. m. to six o'clock p. m., and from six o'clock p. m. to eight o'clock a. m. The uniform force of the Fire Department shall be divided into two platoons, the officers and members assigned to which shall alternate on the tours of duty at intervals of not more than one week. No officer or member shall be required to remain on duty for more than fourteen consecutive hours, except when changing from one tour of duty to the other, or in case of a conflagration requiring the services of more than one-half of the force of the Department.

The foregoing section shall take effect, and be in force, from and after the first day of January, 1919. — New Section added hy amendment November 7, 1916; approved hy the Legislature Janu- ary 18, 1917 (Statutes, 1917, page 1708).

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.

152 Charter of the City and County of San Francisco.

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 the actual performance of his duty therein so as to incapacitate him from performing his duty, the Commissioners shall allow his salary during the continuance of such temporary disability.

Performance of Contracts.

Sec. 4. The Commissioners shall see that all contracts awarded and work done for the Department are 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 III, of this Charter in regard to the advertising for proposals, the affidavit and security accompanying the same, the presentation and opening of pro- posals, the awarding of contracts and the security for the perform- ance thereof, shall, so far as the same can be made applicable, apply to all proposals and contracts made, awarded or entered into for furnishing supplies to the Fire Department. Any con- tract made in violation of any of the provisions of this Chapter shall 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 Commissioners concerning the Fire Department, are enforced.

Powers 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 writing 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,

Article IX, Chapter V, Fire Department. 153

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 known and ranked as Chiefs' 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 hy the Legislature November 22, 1907 (Statutes Special Session, 1907, page 22).

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, one Lieutenant, one Engi- neer, one Driver, one Stoker and six Hosemen.

Each Hook and Ladder Company shall be composed of not more than one Captain, one Lieutenant, one Driver, one Tillerman 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. — As 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 Commissioners, 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 be recommended by said Board of Directors as Fire Marshal and Assistant Fire Marshal. Vacancies occurring in the office of Fire Marshal or Assistant Fire Marshal shall be filled in the same manner. The salaries of said Fire Mar- shal and of his assistant and deputies shall be fixed and paid by said Board of Directors of said Underwriters' Fire Patrol of San

154 Charter of the City and County of San Francisco.

Francisco, and in no event shall the City and Coun.ty be liable therefor or for any part thereof.

Duties.

Sec. 2. The Fire Marshal, or, in case of his disability, the Assistant Fire Marshal, shall attend all fires which may occur in the City and County, and he shall take charge of and protect all property which may be imperiled thereby.

Powers.

Sec. 3. The Fire Marshal may call upon policemen during the time of any fire for the purpose of protecting property until the arrival of the owner or claimant thereof, and in case the owner or claimant of such property does not take charge of the same within twenty-four hours the Fire Marshal may have such prop- erty stored at the owner 's or claimant 's expense.

Powers and Duties of Fire Marslial.

Sec. 4. The Fire Marshal shall be charged with the enforce- ment of all laws and ordinances relating to the storage, sale and use of oils, combustible materials and explosives, together with 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 which 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.

Sec. 5. The Fire Marshal shall 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. Safety of Buildings.

Section 1. The Chief Engineer, 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 within the City and County.

CHAPTER VII.

FIREMEN'S 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

Article IX, Chapter VII. Fire Department. 155

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 shall 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.

Retirement. 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 years continuously next preceding the date of said application, retire and relieve from service such officer or member; provided, also, that the Commissioners 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 Commissioners 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, 'l907 ; 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 become 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

156 Charter of the City and County of San Francisco,

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 shall cease his pension shall cease, and he shall be 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 shall, out of the Firemen's Belief Fund, provide as follows for the family of any officer, member or employee of the Fire Department who may be killed 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 receipt by such officer, member or employee of any relief under this Chapter, during his lifetime shall not bar the said family from the benefits of this section.

First — Should the decedent be married, his widow shall as long as she may remain unmarried be paid a monthly pension equal to one-half of the salary attached to the rank held by the decedent at the time of his death.

Second — Should the decedent leave no widow, but leave an orphan child or children under the age of sixteen years, such children shall collectively receive a pension equal to one-half of the salary attached to the position held by their father at the time of his death until the youngest attains the age of sixteen years.

Third — Should the decedent leave no widow and no orphan child or children, but leave a parent or parents depending solely upon him for support, such parents, so depending, shall collectively receive a pension equal to one-half of the salary attached to the position held by the decedent at the time of his death, during such time as the Commissioners may unanimously determine its neces- sity.

Fourth — Any member or members of the family of the deceased claiming to be entitled to a pension under the provisions of this section, shall file a verified petition therefor with said Commission, which petition shall thereafter be heard by said Board, upon such reasonable notice to the petitioner or petitioners of the time and place of such hearing, as said Board may by rule or order prescribe. Said petitioner or .petitioners shall be entitled, upon such hearing, to appear personally and by counsel. Upon such hearing any interested person shall have the right to introduce testimony relative to the matters set forth in said petition. The judgment of said Commissioners respecting said application shall be final, unless in determining said application said Commissioners commit a clear abuse of discretion. — As amended November 7, 1916; approved hy the Legislature January 18, 1917 (Statutes 1917, page 1708).

Forfeiture of Pensions.

Sec. 6. Any person receiving a pension from the Firemen's Relief Fund, who shall be convicted of felony, or who shall become

Article IX, Chapter VII. Fire Department. 157

dissipated, an habitual drunkard, or who shall become a non-resi- dent of this State, shall forfeit all right to said pension.

Rules and Regulations.

Sec. 7. The Commissioners shall make rules and regulations to carry out the provisions of this Chapter and to enforce compliance therewith on the part of the members of the Department. It shall make up an estimate every year of the amount required to pay all demands on the Firemen's Relief Fund for the succeeding fiscal year, and certify the same to the Supervisors in connection with and as a part of the annual appropriation for the Fire Department.

Meetings. Record of Proceedings. List of Pensioners.

Sec. 8. The Board of Fire Pension Fund Commissioners shall hold quarterly meetings on the first Mondays of April, July, Octo- ber, and January of each year, and upon the call of its President. It shall issue warrants signed by its President and Secretary, to the persons entitled thereto, for the amount of money ordered paid to such persons from the Firemen's Relief fund. Each warrant shall state for what purpose the payment is made.

The Board of Fire Pension Fund Commissioners shall keep a public record of its proceedings. It shall at each quarterly meet- ing send to the Treasurer and to the Auditor a written or printed list of all persons entitled to payment from the Relief Fund, stating the amounts of such payments and for what granted. Such list shall be certified and signed by the President and Secretary of the Board. The Auditor shall thereupon enter a copy of such list upon a book to be kept for that purpose, which shall be known as the Firemen's Relief Fund Book. All warrants signed by the President and Secretary of the Board shall be presented to the Auditor, and be audited and ordered paid by him out of said Fund.

Powers of Board. Secretary.

Sec. 9. The Board of Fire Pension Fund Commissioners shall possess the powers vested in the Board. of Fire Commissioners to make rules and regulations for its guidance. It may appoint a Secretary and provide for the payment from said Fund of all its necessary expenses, not exceeding fifty dollars for any one month," including the salary of the Secretary and printing; but no com- pensation shall be paid to any member of the Board for any duty required or performed as Fire Pension Fund Commissioner.

Sec. 10. All firemen who were retired under the provisions of the law prior to January 1, 1900, shall be entitled to receive from the Fund in this Chapter provided for, the sum of forty-five dollars a month, from and after July 1, 1911. — Section added hy amend- ment Novemher 15 y 1910: approved hy the Legislature February 17, 1911 (Statutes, 1911, page 1661).

158 Charter of the City and County of San Francisco.

CHAPTER VIII.

SALARIES AND VACATIONS. Fire Department. Salaries.

Section 1. The officers and members of the Fire Department shall receive annual salaries as follows: Chief Engineer, five thousand dollars; First Assistant Chief Engineer, thirty-six hun- dred dollars; Second Assistant Chief Engineer, three thousand dollars; Battalion Chiefs, each, twenty-seven hundred dollars; Superintendent of Engines, twenty-seven hundred dollars; the Clerk and Commissary of the Corporation Yards, eighteen hundred dollars; Captains, each, eighteen hundred and sixty dollars; Lieu- tenants, each, seventeen hundred and ten dollars; Engineers, each, sixteen hundred and eighty dollars; Drivers, Stokers, Tillermen, Truckmen and Hosemen, for the first year of service, each, twelve hundred dollars ; for the second year of service, each, thirteen hun- dred and twenty dollars; and for the third year of service, and thereafter, each fourteen hundred and forty dollars; Hydrantmen, each, twelve hundred dollars; Superintendent of Horses, eighteen hundred and sixty dollars; Draymen, each, twelve hundred dol- lars; Watchmen, each, twelve hundred dollars; Hostlers, each, twelve hundred dollars ; Pilots of Fire Boats, each, twenty-one hun- dred dollars ; Engineers of Fire Boats, each, twenty-one hundred dollars; Firemen of Fire Boats, each, twelve hundred dollars.

Salaries of Officers, Members and Employees.

Sec. 114. The officers, members and employees mentioned in Section 1 of this Chapter, who receive an annual salary of eighteen hundred and sixty dollars or less, shall during the five years com- mencing July 1, 1919, receive and be paid the sum of twenty dol- lars per month in addition to the salaries therein specified; pro- vided, further, that the amount of the pension as set forth in Sec- tions 3, 4 and 5 of Chapter VII, Article IX of this Charter, shall be computed and based upon the amount of salary of each officer, member and employee of the Fire Department in effect before this amendment; the purpose of this amendment being to increase the salary of each officer, member and employee herein mentioned for the period specified herein, but not to increase the pensions men- tioned in Sections 3, 4 and 5 of Chapter VII, Article IX over or above the amounts provided before the adoption of this amend- ment.— New section added hy amendment November 5, 1918; approved hy the Legislature January 17, 1919 (Statutes, 1919).

Vacations.

Sec. 2. Each officer and member of the Fire Department shall be allowed, during each year of his service, a vacation of not less than fifteen days' duration, and also leaves of absence of not less than twenty-four hours' duration, not less times than once in each week. Said vacations and leaves of absence to be without loss of pay. — Chapter amended November 5, 1907 ; approved hy the Legis- lature November 22, 1907 (Statutes Special Session, 1907, page 20).

Article IX, Chapter IX. Department of Electricity. 159 CHAPTER IX.

DEPARTMENT OF ELECTRICITY. How Constituted.

Section 1. There is hereby created a Department of Electricity, which 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 Commissioners, 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. Employees, 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 Article XIII to said position so classified. — As amended Novem- ber 5, 1907 ; approved hy the Legislature November 23, 1907 (Stat- utes 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 wires. 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.

160 Charter of the City and County of San Francisco.

ARTICLE X.

DEPARTMENT 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 the 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 November 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 November 23, 1907 (Statutes Special Session, 1907, page 59).

Powers and Duties of Board.

Sec. 3. The Board shall have the management and control of the City and County Hospitals, Almshouses, Ambulance Service, Municipal Hospitals, Receiving Hospitals, and of all matters per- taining to the preservation, promotion and protection of the lives and health of the inhabitants of the City and County; and it may determine the nature 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, schoolhouses and aD 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 III, of this Charter, it shall have the exclusive control and disposition of all expendi- tures necessary in the institutions under its immediate control.

Article X. Department of Public Health. ' 161

Enforce Ordinances of Supervisors.

Sec. 4. The Board shall enforce all ordinances, rules and regu- lations which 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 sub- mit to the Supervisors a draft of such ordinances, rules and regu- lations as it may deem necessary to promote the objects mentioned in this section.

Appointees. Salaries. Duties.

Sec. 5. The Board may appoint such ofiScers, 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.

Sec. 6. The Board may appoint a Resident Physician of the City and County Hospital, who must be a regularly certified physi- cian, 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 least 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 hos- pital 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.

162 Charter of the City and County of San Francisco.

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.

Article XI, Chapter I. Department of Elections. 163

AETICLE XI.

DEPARTMENT OF ELECTIONS. CHAPTER I.

BOARD OF ELECTION 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 Commissioners, consisting of five members, who shall be appointed by the Mayor, and shall hold office for four years. Each of the Commissioners shall receive an annual salary of one thousand dollars. Each mem- ber 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 appointee 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 gen- eral 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 re- tiring 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 Com- missioner, at which time he shall perform only such official duties as may be required of him by law and by this Charter.

164 Charter of the City and County of San Francisco.

President. Registrar of Voters, Salary. Term. Secretary. Duties. Sec. 3. The Commissioners shall organize within ten days after their appointment by choosing one of their number President. In case of failure to agree, he shall be selected by lot. He shall hold office 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 proceed- ings, and shall execute all orders and enforce all rules and regula- tions adopted by the Board. The term of office of Registrar shall be four years.

Clerks. Salaries.

Sec. 4. The Board may appoint such other clerical assistants as may be necessary at a salary not to exceed one hundred dollars a month each for the time actually employed. The Board shall, by resolution adopted by a majority vote of all its members and enter- ed upon its minutes, designate the service to be rendered by such assistants and the time for which they shall be employed. The time of employment of such assistants shall not be extended except by like resolution of the Board, and when a salary shall have been once fixed it shall not be increased. This section is subject to the provisions of Article XIII of this Charter.

Sec. 5. All provisions of the General Laws of this State, includ- ing penal law^s, respecting elections, not inconsistent wdth the pro- visions of Chapter II hereof, shall be applicable to all elections held in the City and County of San Francisco. All provisions of the General Laws of this State respecting the registration of voters shall be applicable to such registration in the City and County. The Board of Election Commissioners must provide for precinct registration, so far as it can do so under the Constitution and the Laws of the State. — As amended November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661).

CHAPTER II.

MUNICIPAL ELECTIONS.

When Held. Officers to Be Elected.

Section 1. There shall be held in the City and County of San Francisco on the Tuesday after the first Monday in November in 1917, and every second year thereafter, an election to be known as the "municipal election," at which the electors of the city shall choose such officers as are required by this Charter to be elected at that time, to-wit, as mentioned in Section 38a of Article XVI of this Charter, and two Police Judges in the year 1917, for a term of four years, and two Police Judges every second year thereafter for a term of four years, and an Assessor in the year 1919 and every four years thereafter, for a term of four years. The Superin- tendent of Public Schools shall be elected for four years, and the Justices of the Peace for four years, at the same time that members of the Legislature are elected.

Article XI, Chapter II. Department of Elections. 165

When Office Is Taken.

Sec. 2. The officers elected at any general municipal election under this Charter shall take office at noon on the first Monday after the first day of January next following the said election; ex- cept that the terms of incumbent officers shall not be affected by this provision and the officers first elected hereunder shall take office on the expiration of the terms of the incumbents.

Nomination and Election of Officers.

Sec. 3. The mode of nomination and election of all elective offi- cers of the City and County to be voted for at any general or special election, including recall elections, shall be as provided in the following sections, and not otherwise :

Condition of Candidacy.

Sec. 4. The name of the candidate shall be printed upon the ballot when a declaration of candidacy and certificates of not less than ten nor more than twenty sponsors shall have been filed on his behalf, in the manner and form and under the conditions here- inafter set forth.

Method of Nomination.

Sec. 5. The nomination of candidates shall be made in the fol- lowing manner :

(a) The candidate, not more than fifty days before the munici- pal election in November, shall file w^ith the Registrar of Voters a declaration of his candidacy, in the following form ;

DECLARATION OF CANDmACY.

I 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 November, A. D.

, and declare the following to be true :

Name in full

Present residence address

What different business or occupation have you followed during the past three years ?

Have you ever had any special training or experience in the line of work which you would be called upon to perform in case of your election to the office for which you are a candidate? If so, state what training or experience, and when, in not over 50 words.

Signed

All blanks in said form must be filled out and the Registrar shall not accept for filing any declaration unless all blank? are so filled. The declaration shall be subscribed before the Registrar of Voters. The Registrar of Voters shall forthwith certify to the said sub- scription and its date and retain and file the declaration.

166 Charter of the City and County of San Francisco.

(b) The candidate shall pay to the Registrar of Voters at the time of filing his declaration of candidacy the sum of twenty dol- lars.

(c) After said declaration shall have been signed, certified and filed, and not later than thirty days before said election in Novem- ber, 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 Regis- trar of Voters and shall certify under oath, to the qualifications of the said candidate, in a certificate as follow^s:

State of California, 1

r SS

City and County of San Francisco J

The undersigned sponsor for who 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 Fran- cisco on the day of November, 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 quali- fied mentally, morally and physically 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 be 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

State of California, City and County of San Francisco

The above was subscribed, sworn to before me, read to me by the deponent, the said signature verified by me, and the said certificate filed this day of , A. D

Registrar of Voters.

The blanks in said certificate for the name of the candidate and the office, the date of the election, the address and occupation of the sponsor shall be filled out and the certificate read by the Regis- trar of Voters, subscribed and sworn to by the sponsor before him, and his signature forthwith verified by the Registrar by compari- son with the signature of the sponsor's registration as a voter. The Registrar's certificate shall thereupon be filled out and the document retained by him and filed.

Forms of Certificates, Etc.

Sec. 6. (a) It shall be the duty of the Board of Election Com- missioners to furnish a sufficient number of forms for such candi-

Article XI, Chapter 11. Department of Elections. 167

dates' declarations and such sponsors' certificates. In the event the Registrar shall refuse to file such declaration or certificate, he shall forthwith designate 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.

(b) 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. ^

Declarations and Certificates to Be Preserved.

Sec. 7. The Registrar of Voters shall preserve in his office, for a period of four years, all candidates' declarations, and all sponsors' certificates filed in accordance with this section.

Official Pamphlets — Candidate's Statement.

Sec. 8. (a) The Board of Election Commissioners shall cause to be printed in pamphlet form herein designated for the purposes of this chapter as the official pamphlet the Proclamation of the Mayor and statements of candidates described in subdivision (b) of this section.

(b) If the candidate desires he may file with the Board of Elec- tion Commissioners not less than thirty days before the said elec- tion a statement of not more than one hundred w^ords, setting forth any facts he may deem pertinent to the question of his qualifica- tions for the office for which he is a candidate, and such statement shall be printed in the official pamphlet, upon the payment of a fee of ten dollars. Additional words, not to exceed two hundred, may be added by the candidate to such statement, for which he shall pay an additional fee of fifteen dollars for each one hundred words or fraction thereof.

(c) A copy of the official pamphlet shall be enclosed and circu- lated with the sample ballot and sent to each registered voter. The Board of Election Commissioners shall furnish, at least ten days before the said election, copies of the official pamphlet to registered voters on application to its office. All fees received by the Regis- trar of Voters in conformity wuth this chapter shall be paid over to the Treasurer of the City and County of San Francisco and credited to the general fund.

Mayor's Proclamation.

Sec. 9. Immediately after the declarations of candidacy and ten sponsors' certificates have been filed, the Registrar of Voters shall enter the names of the candidates in a list, with the offices to be

168 Charter of the City and County of Sa7i Francisco.

filled, and shall, not later than twenty-five days before the elec- tion, certify such list to the Mayor as being the list of candidates nominated as required by this Charter. The Mayor shall forthwith issue a proclamation calling the election provided for in Section 1 of this Chapter, setting forth the offices to be filled, designating the term thereof, and the certified list of candidates for each office, and file the same with the Kegistrar of Voters. The Mayor's proclama- tion shall then be published in the official pamphlet immediately preceding the first of the candidate's statements. Said proclama- tion shall conform in all respects to the general State laws govern- ing the conduct of municipal elections now or hereafter in force except as herein provided.

Printing of Ballots.

Sec. 10. The Registrar of Voters shall cause the ballots to be printed and bound and numbered as provided for by State law, except as otherwise required in this Chapter. The ballots shall contain the list of names and the respective offices, as set forth in the proclamation, and shall be substantially as hereinafter pro- vided.

Heading and Directions to Voters.

(a) General (or recall, as the case may be) municipal election, City and County of San Francisco.

Instructions to Voters: To vote for any candidate stamp a cross (X) in one of the squares to the right of the candidate's name.

Vote your first choices in the first column, your second choices in the second column, your third choices in the third column.

Vote First Choice for as many candidates as there are offices to be filled.

Vote Second Choice, if any, for the same number.

Vote Third Choice, if any, for the same number.

Do NOT VOTE more THAN ONE CHOICE FOR ANY ONE CANDIDATE.

To vote for a person whose name is not on the ballot, write name of such person in the blank space provided for such purpose.

If you wrongly mark, tear or deface this ballot, return it to the inspector of elections and obtain another.

Arrangement of Offices on the Ballot.

(b) The offices to be filled shall be arranged in the follow- ing 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.

Article XI, Chapter 11. Department of Elections. 169

Every Nominee on Ballot.

(c) The name of every candidate who has been duly and regularly nominated shall be placed on the ballot under the title of the office for which he is a candidate; provided, that a candidate whose nomination has been completed, may, not less than thirty days before a municipal election and not less than twenty-five days before a recall election, withdraw as a candidate by filing with the Registrar of Voters, his withdrawal, naming the office; such withdrawal must be signed and sworn to by the person withdrawing, and no withdrawal at any later date shall be of any force or effect.

Rotation of Candidates' Names.

Sec. 11. The ballots for the Assembly district of the City and County designated by the lowest number shall have the names of each group of candidates for an office or offices arranged in alphabetical order, according to the family name of the candi- date. In the Assembly district designated by the next higher number the groups of names shall be the same as in the dis- trict designated by the next lower number, 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 other- wise unchanged, and so on, rotating the names in this order through- out 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 integral number, or if fractional then the next higher 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 Super- visors and twenty Assembly districts, numbered from twenty-five to forty-four, 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.

Sec. 12. (a) The candidate's name shall be printed in 8-point Roman capital type and shall be enclosed by lines above and below, three-eighths inch apart. Three three-eighths inch squares shall be provided at the right of the name of each candidate, wherein the voter may stamp a cross for that candidate as his first, second or third choice, and at the top of each column of candidates the three columns of squares shall be designated "First Choice," "Second Choice" and "Third Choice" respectively.

170 Charter of the City and County of San Francisco.

Blank Spaces for Additional Candidates.

(b) Three-eighths inch spaces shall be left below the printed names of candidates for each office equal in number to the number to be elected, wherein the voter may wTite the name of any per- son or persons for whom he may wish to vote.

Other Requirements of Ballot.

Sec. 13. All ballots 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 can- didates printed upon the ballot shall be in type of the same size and style. A column or columns 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 the Charter.

Voting Machines.

Sec. 14. In the event of the use of voting machines, the ballot shall be arranged on the machines in the same form in each Assembly district as provided for the printed ballot.

No Party Designation.

Sec. 15. No party name or political designation or descriptive matter concerning the candidate shall appear on the ballot.

Form of Ballots.

Sec. 16. Except as to the order of names of candidates, the ballots shall be printed in the form designated by the Board of Election Commissioners.

Sample Ballots.

Sec. 17. The Registrar of Voters shall cause to be printed ballots identical w4th the ballot to be used in each Assembly district at the election and shall furnish copies of the same on applica- tion to registered voters at his office at least ten 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 said sample ballots shall have been mailed at least eight days before said election.

Boards of Election.

Sec. 18. The Registrar of Voters shall, at each municipal or special municipal election, prepare lists for and select and appoint for each election precinct a precinct board of election officers to hold and conduct such election at the precinct for which said board is appointed. Such board shall consist of four persons — one inspector, one judge and two clerks, who shall perform all the duties. r-equired by law at such polling place, except as in this Chapter provided. In constituting such precinct board the Regis- trar shall have the power to excuse persons appointed whenever he is satisfied any such person ought to be excused, and to substi- tute new appointees in all cases when any person appointed shall

Article XI, Chapter II. Department of Elections. 171

be excused or found disqualified or incompetent by the said Regis- trar of Voters, down to the time when the Registrar of Voters shall send the final inspector's list of such election officers to the inspector, which list shall be his final order of appointment.

Canvass of Returns and Determination of Results of Election.

Sec. 19. (a) The ballots cast at any given precinct shall not be counted at the polling place, but as soon as the polls are closed, the precinct election officers shall not open the ballot box except as may be necessary to close the mouth of the box, and see that the ballot box is correctly locked again without any ballot being removed or added and seal the same and separately seal the key in the manner provided by printed instructions from the Registrar of Voters, and as soon as said election officers have certified, signed and sealed the other packages or envelopes as required by law, such ballot box and key and packages shall be sent by not less than two of said precinct election officers to the office of the Registrar of Voters and there delivered to the Registrar, and until so delivered it shall be unlawful for such officers so conveying the same to allow any other person or persons to have possession of said ballot box or key or packages. Such officers shall proceed as continuously as possible to the office of the Registrar of Voters. Immediately upon the delivery of such ballot box to the Regis- trar of Voters or his deputy, said Registrar shall cause each such box to be plainly labeled with the correct number of the precinct in which such ballots were cast. The Registrar of Voters shall in such manner as he shall deem best calculated to provide competent persons, select and provide as many persons as he liiay deem necessary for the counting, tallying and certifying of returns of the vote cast in each precinct, and such persons shall have the qualifications required for election officers at State elections, save that all persons who are employed in the Department of Elections, or who report for service from the Civil Service of the City and County, shall, if not a candidate at such election, be qualified, save that none of the persons so selected need reside in a particular precinct. The persons so selected and provided shall be segre- gated by the Registrar of Voters or his deputies into counting boards respectively to consist of three persons each, and each such selected counting board shair proceed to count and tally such ballots by precincts separately under the direction of the Registrar of Voters or his deputies or such superintendents as the Registrar of Voters may direct, in the same manner provided by law for counting, tallying and certifying ballots at State elections except as herein otherwise provided. The form of tally sheets shall be provided and determined by the Registrar of Voters, and there shall be a certificate at the end thereof to the effect that the foregoing is the corrects result of the election in such precinct, and such certificate shall be signed by the three persons who com- pleted such tally list and return. The Registrar of Voters or any deputy empowered by him by writing may excuse or dismiss any person from any such counting board at pleasure and enforce

172 Charter of the City and County of San Francisco.

such order and substitute any person so provided by the Registrar of Voters in the place of any person so excused, dismissed, or who absents himself from said counting board. Any person acting on any such counting board who shall refuse to obey any lawful order of the Registrar or his deputy shall be guilty of a mis- demeanor. The tally sheets shall be in duplicate, kept by two clerks, and one copy upon the completion thereof shall be sealed and signed, across the flap in the manner provided by the laws of the State of California for sealing tally lists w^here votes are counted at the precinct, and the other tally list shall remain open for inspection in the office of the Registrar of Voters. The returns so sealed shall be securely kept by the Registrar until produced before the Board of Election Commissioners for official canvass in the manner provided by law.

The Registrar of Voters shall fix the compensation to be paid to each member of such respective counting boards for counting, tallying, completing and certifying such votes and returns, which compensation shall not exceed five cents to each member of such board respectively for each ballot so counted, tallied, completed and certified, and such claims and demands when certified by the Registrar or his deputy and presented to the Board of Election Commissioners shall be allowed in open session, and the Auditor shall audit and the Treasurer pay such claims out of the general fund. Except as herein otherwise provided, the provisions of trie laws of the State of California applicable to State elections or State election officers, and such laws relating to the official canvass and declaration of the result of State election returns shall apply to the counting, tallying, certifying, sealing, custody and official canvass of the ballots and returns counted and returned under the provisions of this Chapter. If there shall not be room enough in the Department of Elections for the counting of said votes, the Registrar of Voters may cause such counting to proceed in any place under the control of the City and County which may be obtained by him for such purpose, provided, that a notice of the location of such place be conspicuously displayed in the Depart- ment of Elections. Said votes shall be counted in a place open to the public, and the boards counting the same shall enter the total number thereof on the tally sheets provided therefor. They then shall count and enter the number of the first, second and third choice votes for each candidate on said tally sheet and make returns thereof to the Board of Election Commissioners as herein required. The canvass must be public, in the presence of bystanders and must be continuous, without adjournment, until completed and the result thereof is declared. Any candidate shall be entitled to a representative among the bystanders.

The provisions of this Chapter relating to counting the ballots shall not apply to a special municipal election at which a proposi- tion or propositions, or question or questions, only is, or are, voted upon; but the ballots at all such special elections shall be counted at the respective polling places and returned by the pre- cinct election boards under the laws applicable to such elections.

Article XI, Chapter II. Department of Elections. 173

(b) If a ballot contain more than one vote for the same candi- date, only the one of such votes highest in rank shall be counted. If a ballot contain either first or second or third choice votes for any office in excess of the number of places to be filled for such office no vote for that office in the column showing such excess shall be counted.

(c) Paragraph (b) of this section shall be printed conspicuously on the tally sheet.

(d) Candidates receiving a majority of the first choice votes for any office shall be elected. If the full number of candidates to be elected do not receive such a majority of the first choice votes for such office, a canvass shall then be made of the second choice votes received by those candidates for said office who are not elected by first choice votes; said second choice votes shall be added to the first choice votes received by such candidates and candidates who by such addition shall receive a majority shall be elected.

(e) If by the count of either first choice votes or first and second choice votes, as above provided, more candidates than there are offices to be filled shall receive a majority, the candidate or candidates equal in number to the number of offices to be filled having the highest vote shall be elected.

(f ) If the full number of candidates to be elected do not receive a majority by adding first and second choice votes, as above directed, a canvass shall then be made of the third choice votes received by those candidates for said office who are not elected, either by first choice votes or by adding first and second choice votes. Said third choice votes shall be added to the first and second choice votes received by such candidates, and the candidates, equal in number to the number of offices remaining to be filled, who re- ceive the highest number of votes by said addition shall be elected.

(g) The above subdivisions (d), (e) and (f) shall be applied and carried out in the making of the official canvass and the declaration of the official result. — As amended Novemher 5, 1918; approved bij the Legislature January 17, 1919 (Statutes, 1919).

Ties.

Sec. 20. A tie between two or more candidates shall be decided in favor of the one having the highest number of first choice votes. If they are also equal in that respect then the highest number of second choice votes shall determine the result. If this does not decide, then the tie shall be determined by lot, under the direction of the Board of Election Commissioners.

Majority Defined.

Sec. 21. A majority vote for any candidate for an office where but one is to be elected shall be deemed to be more than one-half of the total number of first choice votes cast for all candidates for such office.

174 Charter of the City and County of San Francisco.

A majority vote for a candidate for an office where a group is to be elected shall be more than one-half of the number secured by dividing the total of first choice votes cast for all candidates for such office by the number of places to be filled.

Failure of Persons Elected to Qualify.

Sec. 22. If a person elected fails to qualify, the office shall be filled as in this Charter provided for a vacancy in such office.

Informalities of Election.

Sec. 23. No informalities in conducting municipal elections shall invalidate elections if they have been conducted fairly and in substantial conformity to the requirements of this Charter.

Salary of Registrar.

Sec. 24. From and after the first day of July, 1917, the annual salary of the Registrar of Voters shall be fixed by resolution of the Board of Election Commissioners of the City and County of San Francisco. Any provision of this Charter contrary to or inconsistent with the provisions of this section is hereby repealed.

"Entire Vote"— How Computed.

Sec. 25. After the election 'of a Mayor for a full term at an election held under and pursuant to the provisions of this Chapter, the w^ords ''entire vote for all candidates for the office of ]Mayor" as used in the initiative Chapter III of Article XI of this Charter and the w^ords "entire vote cast for Mayor" as used in the refer- endum Chapter IV of Article XI of this Charter and as used in the recall Chapter V of Article XI of this Charter, shall in each respective case where such words are so used be deemed to mean the total of first choice votes cast for all candidates for Mayor for a full term at an election held under this Chapter. — Chapter II amended November 7, 1916; approved hy the Legis- lature January 18, 1917 (Statutes 1917, page 1708).

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 within 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 Mayor cast at the last preceding regular municipal election.

Article XI, Chapter III. Department of Elections. 175

Signatures.

Sec. 2. The words "registered voters" as used in this chapter, shall mean qualified votei*s whose names appear on the records of registration for the current or next preceding year. The signatures to the petition need not all be appended to one paper, but said petition may be presented in section. The number of signatures to each section shall be at the pleasure of the person soliciting signatures to the same.

Any qualified voter of the city and county is competent to solicit signatures and make the affidavit of verification to said signatures. p]ach signer to said petition shall add to his or her signature his or her place of residence, giving the street and number, and there shall be also added by the said solicitor such other matter as is authorized by this section. Every section of such petition shall be verified by the person soliciting such signatures by his or her affidavit, which affidavit shall be in the following form, with the blank spaces properly filled in:

"STATE OF CALIFOKNIA, 1

rss.

City and County of San Francisco ^

( ), being duly sworn, deposes and says

that ....he is the person who in person solicited each and every signature to the annexed section of said petition, and that deponent has with pen and ink or indelible pencil, numbered each such signature seriatim, commencing with number 1. That no person signed said petition upon said section except in the pres- ence of deponent. That said section has not been left at any time where any person could sign the same except in the personal pres- ence of deponent. That each and every signature to said section was made in the personal presence of deponent, and that to the

best of his ( ) knowledge and belief each signature is the

genuine signature of the person whose name purports to be there- unto subscribed. That deponent was at the time of soliciting such signature, and now is, a duly qualified voter of the said city and county."

Said affidavit shall be subscribed by the person making such affidavit and sworn to by such person before a person authorized to take such oath to such affidavit. Each section of such petition must be prepared substantially in accordance with the require- ments of this chapter, and all signing, not made, numbered and verified substantially in accordance with the requirements of this chapter shall be disregarded. The Registrar of Voters shall print sample sheets for signing such petition, in blank, and sample blank affidavits of verification, and furnish a copy of each to any person desiring to get up a petition.

The affidavit herein provided for shall be at the end of each section. The solicitor of such signatures, before his affidavit is taken, must number each signature upon the section seriatim, beginning with number 1, at the right hand of the residence oppo- site to each signature to such section in a column to be made for

176 Charter of the City and County of San Francisco.

that purpose; such numbering must be with pen and ink or indel- ible pencil. There shall also be to the left hand of such signatures, a column at least one inch wide, in blank headed "Precinct," and to the left of that, an additional blank space, substantially one-half inch wide, to admit of such abbreviations as the Registrar shall deem necessary to the expeditious mode of verification of such pe- tition. All precincting shall be done by the office of the said Reg- istrar, but no section or signature shall be rejected, because pre- cincts have been inserted elsewhere, before filing. Any signer to a petition may withdraw his name from the same by filing with the Registrar of Voters a verified revocation of his signature before the filing of the petition. No signature can be revoked after the peti- tion has been filed. The Registrar of Voters, or his deputy shall indorse on said petition the names of three persons who filed said petition, and the date of the filing of the same at the time of filing said petition. Unless and until it be proven otherwise by official investigation by the Registrar of Voters, 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 such petition shall not be questioned. — As amended November 7, 1916; approved hy the Legislature January 16, 1917 (Statutes, 1917, pa,ge 1708).

Verification.

Sec. 3. The Registrar of Voters shall have fifteen (15) days after the filing of such petition, and the same time after receipt by him of a Charter amendment petition in which to verify the same and certify the result thereof in the manner provided by this sec- tion. Within such time, the Registrar of Voters shall finally deter- mine from the records of registration whether or not said petition is signed by the requisite number of electors entitled to vote. If any signature be called in question, the said Registrar of Voters shall mail notice to such purported signer, stating that his or her name is attached to such petition and citing him or her to appear before said Registrar of Voters forthwith, naming the time and place. Said citation shall inclose a blank affidavit, denying that the person signing such affidavit signed such petition, and said citation shall also contain a statement, that a blank affidavit deny- ing that such person signed such petition, is enclosed, and that if such person does not desire to attend in person to deny his signa- ture he may swear to such affidavit of denial before any officer authorized to take oaths, and mail the same to the Registrar of Voters, and that if he does not so attend and deny such signature in person, or by making and mailing such affidavit of denial, that his purported signature to such petition will be treated as genu- ine.

Unless said purported signer shall appear when cited and deny his signature under oath before said Registrar, or his deputy, or unless the Registrar of Voters shall receive such sworn affidavit of denial of such signature, before the time when by this chapter the

Article XI, Chapter III. Department of Elections. Ill

said Registrar must, as aforesaid, make such final determination, such signature must be counted as genuine.

The Registrar shall keep a list of the names of all purported signers who appear before him and deny their signatures under oath, and also file and keep such affidavits, for at least five years.

The Board of Supervisors shall make necessary appropriation of money, and the Board of Election Commissioners shall allow to the Registrar of Voters all the extra help he may require for the pur- l^ose of examining and making invqstigation of such petition. The Registrar of Voters, upon the completion of such examination and determination, shall forthwith attach to said petition his certificate properly dated and showing the result of said examination, and shall forthwith mail a copy of said certificate to the respective per- sons endorsed by him on said petition as filers thereof. If by said certificate the petition is shown to be insufficient, it may be amended by additional signatures within twenty days after the date of said certificate, in the same manner in all respects as required for the original petition. "Within ten days after the filing of such amended or supplemental petition, the Registrar of Voters shall make like examination and determination of the amended or supplemental petition, and attach and mail a like certificate. If upon the exam- ination and certification of such original petition, or such original and supplemental petition, it shall appear that a sufficient number of qualified voters have signed such petition to require an election to be held thereon, the Registrar of Voters shall, if a special election is required to be held upon such petition, require the Board of Elec- tion Commissioners to meet in not less than five days after the date of his certificate that such petition is sufficient, and if no regular meeting of the Board of Election Commissioners is set within such required period, the Registrar of Voters is authorized and required to issue a call for a special meeting of said Board to convene within the required time, and at such meeting of the Board, or any of the meetings of the Board within said required time, said Registrar of Voters shall report the sufficiency of such petition to said Board of Election Commissioners and exhibit a certificate or certificates attached to said petition, or amended petition, or both, and said Board shall, if said certificate show the petition sufficient, call an election as required. If, however, after the examination of said petition and any amended or supplemental petition, or after the expiration of the time when the supplemental petition is permitted to be filed, said petition is shown insufficient, the Resristrar of Voters shall report such insufficiency to the Board of Election Commis- sioners at their next regular meeting after the fact of such insuffi- ciency shall have become final, and exhibit his certificate or certifi- cates so attached to such petition or petitions. A petition finally insufficient does not prevent a new proceeding.

The words 'Hast precediner regular municipal election", or "last preceding general municipal election", wherever the same occur in Chapters III. IV or V of said Article XI of said Charter, mean the last municipal election at which a mayor for said city and county

178 Charter of the City mid County of San Francisco.

was elected for a full term. — As amended Novemher 7, 1916; approved hy the Legislature January 18, 1917 (Statutes, 1917, page 1708).

Ten Per Centum for Special Election,

Sec. 4. If the petition accompanying the proposed measure be signed by registered voters as many in number as ten per 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 elec- tion, then the Board of Election Commissioners shall forthwith 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 meas- ure, without alteration, shall be submitted to a vote of the elec- torate.

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 peti- tion signed by registered voters as many in number 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 either event, such measure or measures, without' alteration, shall be submitted by the Board of Election Commissioners to a vote of the electorate at the next general State or municipal election that shall occur at any time after thirt}^ days from the date of the certificate of sufficiency attached to the petition accompanying such measure. — As amended November 7, 1916; approved hy the Legislature January 18, 1917 (Statutes, 1917, page 1708).

Form of Ballot. Majority Vote.

Sec. 6. The ballots used when voting upon said proposed meas- ure shall contain a general statement thereof, foUow^ed 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

Article XI, Chapter III. Department of Elections. 179

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 number 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 within 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 th^y 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.

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 Commis- sioners, at any time tw^enty-five days prior to said election, copies of printed arguments favoring said proposition : if said proposi- tion be submitted by the Mayor, or by the Board of Supervisors, or by one-third of the Board of Supervisors, or by persons filing a referendary 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 ei«:ht 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 proposition. Copies of said arguments either for or against, shall be presented eaual in number to five per cent in excess of the total number of registered voters. The Board of Election Commissioners shall cause one copy of each of said argu- ments to be bound wnth their copy of the measure or amendment which is to be mailed to each voter as required by Section 9 of this Chapter.

180 Charter of the City and County of San Francisco.

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 submitted 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 by the Board of Supervisors shall be submitted to the voters unless at the same election, or prior thereto, 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 Chapter, unless prohibited by the State Constitution, shall apply to the proposal, submission and adoption of Charter amendments.

Declarations of Policy.

Sec. 13. Any declaration of policy or principle of legislation may be submitted to the electors in the manner provided for the submission of ordinances ; and when approved by a majority of the voters voting at any election, it shall thereupon be the duty of the Board of Supervisors or other legislative body to enact an ordi- nance or ordinances to carry such policies or principles into efi'ect, subject to the referendum provisions of Chapter IV of Article XI of this Charter.

Special Election Fund.

Sec. 14. In the first annual budget 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 defraying the cost of verifying petitions and other expenses of special elections initiated by peti- tion 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 suffi- cient 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.

I

Article XI, Chapter IV. Department of Elections. 181 . CHAPTER IV.

THE REFERENDUM. Public Utilities.

Section 1. Every ordinance or other measure involving the lease or sale of anj- 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- nance, and shall not go into effect until ratified by a majority of the voters voting thereon.

Referendum by Supervisors. By Mayor.

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; (6) 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 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 Mayor 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

182 Charter of the City and County of San Francisco.

at such general election. Otherwise it shall be 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, S, 9, 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, shall be in favor thereof, it shall go into effect ten days after the determina- tion of the official count; otherwise it shall be repealed and rejected.

Substantial Compliance.

Sec. 8. A substantial compliance with the provisions of this Chapter shall be sufficient for the holding of an election here- under and for the approval or rejection of any measure submitted thereat.

Repeal.

Sec. 9. Section 21 of Chapter I of Article II of this Charter is hereby repealed.

CHAPTER V.

THE RECALL, Elected Officials. Ten Per Centum. Statement of Grounds.

Section 1. The holder of any elective office may be removed or recalled b}^ the electors. The procedure 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 recalled shall be filed with the Board of Election Commissioners. Such petition shall be signed by registered voters equal in number to at least ten per cent of the entire vote cast for Mayor at the last preceding general municipal election ; provided, that not less than seven thousand nor more than fifteen thousand signatures of such elec- tors shall be required on such petition. Said petition shall contain a statement of the grounds on which 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 hereby made part

Article XI, Chapter V. Department of Elections. 183

hereof, and shall be examined and certified as provided by said sections last mentioned. — As amended November 7, 1916; approved by the Legislature January 18, 1917 (Statutes, 1917, page 1708).

Special Election.

Sec. 3. Unless the petition shall be found insufficient in the number of signatures of registered voters attached thereto, within the time provided for examining and certifying the result of the examination of said petition, the Board of Election Commission- ers shall, within the time provided therefor, order and fix a date for holding the said election, said date to be not less than thirty- five nor more than fifty days after the date of the order fixing the date of said election; provided, however, that where the office has become vacant by death, resignation or otherwise, between the time of the filing of the petition and the fixing of a date for an election, no recall election shall be held. Such vacancy shall be filled in the manner provided by this Charter. If a vacancy occur in said office after a date for holding said election has been fixed, as herein pro- vided, the election shall nevertheless proceed as in this Chapter provided. — As amended November 7, 1916; approved by the Legis- lature January 18, 1917. (Statutes, 1917, page 1708.)

Several Removals at One Election. Publication.

Sec. 4. One petition is competent to propose the removal and election of one or more elective officials. One special election is competent for the removal and election of one or more elective offi- cials. The Board of Election Commissioners «hall make or cause to be made due publication of notice of said election.

Nominations.

Sec. 5. The Registrar of Voters shall in any recall election place upon the ballot the name of the incumbent whose removal is thus sought, unless such incumbent shall file in writing a request that his name do not appear. Any person may be nominated for any office sought to be filled at such recall election by filing the declaration of candidacy and the certificates of not less than ten or more than twenty sponsors in the form provided in Chapter II of this article for the general municipal election. Such declaration and certificates shall be filed with the Registrar of Voters not less than twenty-five nor more than thirty-five days before the date set for the recall election. — .4^ amended November 7, 1916; approved by the Legislature January 18, 1917 (Statutes, 1917, page 1708).

Sample Ballot. Printed Statements.

Sec. 6. Upon the sample ballot there shall be printed in riot 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.

184 Charter of the City and County of San Francisco.

Form of Ballot. Election.

Sec. 7. Elections for the recall or removal of an elected officer shall be conducted as provided in Chapter II of this article for the election of officers at the general municipal election, and the ballots shall be prepared, cast and counted in the manner therein pre- scribed.— As amended November 7, 1916; approved by the Legis- lature January 18, 1917 (Statutes, 1917, page 1708).

Removal. Successor. Second Recall.

Sec. 8. If some other person than the incumbent receive the number of votes required to constitute an election the incumbent shall thereupon be deemed removed from office and the person so elected shall succeed him upon taking the oath of office. The suc- cessor of the official so removed shall hold office during the unex- pired portion of the term for which such official was elected, unless sooner recalled under the provisions of this Chapter. If the incum- bent receive the number of votes necessary to constitute an elec- tion, he shall continue in office; and it shall require not less than double the number of signatures provided in Section 1 of this Chapter to initiate a second election for his recall ; and if reelected at such second recall election it shall require not less than three times the number of signatures provided in Section 1 of this Chap-< ter to initiate a third election for the recall of such officer during the term for which he was elected. — As amended November 7, 1916 ; approved by the Legislature January 18, 1917 (Statutes, 1917, page 1708).

Reimbursement for Election Expenses.

Sec. 9. If the incumbent receive a majority of the votes at such recall election, he shall be reimbursed out of the Special Election Fund for his expenses in such recall election; provided, that such payment shall not exceed the amount he is permitted to spend under the Purity of Elections Act now in force.

Vacancies. Disqualification.

Sec. 10. In the event of a vacancy occurring in any such office between the date of the filing of such petition with the Board of Election Commissioners and the holding of such election where such petition is found sufficient, such vacancy shall be filled in the same manner as other vacancies occurring in such office, but the person selected to fill such vacancy shall hold such office only until the person elected in accordance with the provisions of this Chap- ter shall qualify. No person who has been recalled from an elective office, or who has resigned from such office while recall proceedings were pending against him, shall be appointed to any office within two years after such recall or resignation. '

Substantial Compliance.

Sec, 11. A substantial compliance with the provisions of this Chapter shall be sufficient for the holding of an election, and for the removal and election of any officer thereunder.

Article XI, Chapter Y. Department of Elections. 185

Repeal of Present Provisions.

Sec. 12. Section 23 of Chapter I of Article II of said Charter, relating to the recall of elected officials, is hereby repealed.

In Effect January 8, 1912.

See. 13. This Chapter shall go into effect January 8, 1912.— Chapters III, IV and V added by amendment November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661).

186 Charter of the City and County of San Francisco.

ARTICLE XII. ACQUISITION OF PUBLIC UTILITIES. Intention of the People.

It is hereby declared to be the purpose and intention of the peo- ple of the City and County that its public utilities shall be grad- ually acquired and ultimately owned by the City and County. To this end it is hereby ordained :

Plans and Estimates of Cost of Construction. Cost of Water Works, Sources of Supply. Supervisors to Negotiate for Acquisition.

Section 1. Whenever the Board of Supervisors by ordinance, as hereinafter provided, shall determine that the public interest or necessity demands the acquisition, construction or completion of any public utility or utilities by the City and County, or whenever the electors shall petition the Board of Supervisors, as provided in Section 3 of this Article, for the acquisition of any public utility or utilities, the Board of Supervisors must procure from the Board of Public Works, through the City Engineer, plans and estimates of the cost of original construction and completion, by the City and County, of such public utility- or utilities.

In securing estimates of the cost of original construction and completion of water works, by the City and County, the Board of Supervisors must procure, as hereinabove specified, and place on file plans and estimates of the cost of obtaining from such sources as the Board of Supervisors may designate as available, a sufficient supply of good, pure water for tliQ City and County. — As amended December 4, 1902; approved hy the Legislature Fehruary 5, 1903 (Statutes, 1903, page 591).

Offers for the Sale of Utilities.

Sec. 2. Before submitting propositions to the electors for the acquisition by original construction or condemnation of public utilities, the Board of Supervisors must solicit and consider offers for the sale to the City and County of existing utilities, in order that the electors may have the benefit of acquiring the same at the lowest possible cost thereof. — -45 amended December 4, 1902; ap- proved by the Legislature February 5, 1903 (Statutes, 1903, page 591).

Petition of Electors. Duty of Supervisors. Duty of Clerk. Mayor May Also Submit Proposition. Two Alternative Propositions. Supervisors May Proceed at Once. Power of Supervisors. Sec. 3. Whenever a petition or petitions, each signed by elec- tors of the City and County equal in number to fifteen per Centura of all the votes cast in the City and County at the last preceding general election, shall be presented to the Board of Supervisors, setting forth that the signers of such petition 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 Supervisors to imme-

Article XII. Acquisition of Public Utilities. 187

diately proceed to examine and verify the signatures to such peti- tion or petitions, and to certify the result of such examination to the Board of Supervisors. 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 sliall 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 acquisi- tion of each public utility named in such petition or petitions, sep- arate 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 peti- tion 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, without the submission of propositions to the electors as aforesaid, to pass an Ordinance de- claring 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 Decem- ber 4, 1902; approved hy the Legislature February 5, 1903 (Stat- utes, 1903, page 591).

Supervisors to Call Special Election When and for What Purpose. Acquisition Through Annual Revenues. Majority of Electors to Decide. Acquisition Through Bond Issues. Board to Undertake Proceedings When. Two-Thirds Vote of Electors to Decide.

Sec. 4. At the next regular meeting after the completion of the proposition or propositions for the acquisition of the public utility or utilities named in such petition or petitions, the Board of Super- visors by Ordinance, as hereinafter in Section 6 provided, shall call a special election, at which the propositions of the Board of Super- visors and of the Mayor, if he formulate any, shall be submitted to the electors of the City and County.

When the cost of any public utility or utilities named in such petition or petitions can be paid out of the annual revenues of the City and County in addition to the other necessary expenses there-

188 Charter of the City and County of San Francisco.

of, each proposition therefor, submitted to the electors, shall specify the cost of the utility therein proposed for acquisition by the City and County, the proposed method and manner of payment thereof, and the Board of Supervisors shall submit therein to the electors the question whether the same shall be acquired upon such terms. A majority of the electors voting at such special election shall be necessary to accept such proposition.

At as early a date after the determination of the result of such special election as the Board of Supervisors shall deem for the best interests of the City and County, it shall undertake proceedings and enter into such negotiations and contracts as may be necessary for the acquisition of any public utility or utilities named in any prop- osition or propositions accepted by a majority of the electors voting at such special election.

If, however, the cost of any public utility or utilities, named in any petition or petitions of the electors, 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, each proposition for the acquisition of such public utility or utilities shall specify the amount of the bonded indebtedness necessary therefor and the rate of interest thereon, and the Board of Supervisors shall submit to the electors, at such special election, the question whether such bonded indebtedness shall be incurred. At least two-thirds of the electors voting at such special election shall be necessary to secure the acquisition of such public utility or utilities and to warrant the issuance of municipal bonds therefor. — As amended December 4, 1902; approved by the Legislature February 5, 1903 (Statutes, 1903, page 592).

Ordinance of Intention to Be PublisFiecl Two Weeks. Duty of Board Wlien Cost Can Be Paid Out of Annual Revenues. Incurring of Municipal Bonded Indebtedness.

Sec. 5. Whenever the Board of Supervisors shall determine that the public interest or necessity demands the acquisition, construc- tion or completion of any public utility or utilities, it shall spe- cifically declare such determination by an Ordinance, which shall also direct the Board of Public Works to procure and file plans and estimates of the cost of original construction and completion of such public utility or utilities. Such Ordinance shall be published for at least two weeks in the official newspaper.

When the cost of such public utilities, or any of them, can be paid out of the annual revenues of the City and County in addition to the other necessary expenses thereof, the Board of Supervisors shall, as soon after the filing of the plans and estimates of cost thereof as it may deem for the best interests of the City and County, enter into such negotiations and contracts as may be nec- essary for the acquisition of the same.

Article XII. Acquisition of Public Utilities. 189

If, however, the cost of such public utilities, or any of them, shall so far exceed the annual revenues of the City and County in addi- tion to the other necessary expenses thereof, as to render it neces- sary 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 acquisition 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 indebtedness 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 by the Legislature February 5, 1903 (Statutes, 1903, page 593).

Ordinance Calling Special Election. Questions to Be Submitted.

Sec. 6. 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 ques- tion 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 Legis- lature February 5, 1903 (Statutes, 1903, page 594).

Ordinance for Special Election Shall Set Forth What. Bonded Indebted- ness. 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 man- ner 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 payment of the cost of such utility or utilities, as in such Ordinance set forth (if the proposi- tion or propositions therefor be accepted by the electors).* Such

190 Charter of the City and County of San Francisco.

election shall be held as provided by law for holding elections in the City and County. — As amended December 4, 1902; approved hy the Legislature February 5, 1903 (Statutes, 1903, page 594).

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, to- gether 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 indebtedness 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 determine ; but such bonds shall be pay- able, interest and principal, in gold coin of the United States. The interest on such bonds shall not exceed 5 per cent per annum, and they shall be redeemed at such times and in such amounts as 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-five years from the date of the issue.

The bonds so issued shall be exempt from all taxation for muni- cipal purposes and shall be issued in denominations of not less than ten dollars and not more than one thousand dollars, and 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 oi. interest or principal may be made.

Article XII. Acquisition of Public Utilities. 191

Such bonds when issued may be sold by the Supervisors from time to time, as required, and in such quantities as they may deter- mine. When such bonds are offered for sale they shall be adver- tised in the official paper and otherwise if so ordered by the Super- visors and sealed proposals for the purchase of the whole or any part thereof offered shall be opened at the time specified in such adver- tisements. 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, which 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 concurrence of fourteen members and the Mayor, place such unsold bonds on sale at the City Treasury, or at branches thereof established 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 issue 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 re- mains.

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; pro- vided, 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 Super- visors as aforesaid for which par or above has been bid by any bona fide responsible bidder or bidders.

The provisions of this Section, regarding the cancellation of un- sold 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 29 of Article XVI of this Charter, and that remain

192 Charter of the City and County of San Francisco.

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 presented, and shall stamp, print or write upon such coupon bond 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 bond may be transferred by such registered owner in person, or by attorney duly authorized, on presentation of such bond 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 ow^ner), and the interest and principal 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 to tjie regis- tered owner. Such Treasurer shall keep in his office a book or books w^hich shall, at all times, show w^hat bonds are registered and in whose names, respectively. — As amended November 5, 1907 ; approved hy the Legislature November 22, 1907 (Statutes Special Session, 1907, page 15).

Supervisors to Sell Library Bonds.

Sec. 10a. The Board of Supervisors is hereby authorized to sell certain bonds authorized at an election held September 29, 1903, and described as ''Library Bonds," dated July 1, 1904, below the par value thereof, such price, however, not to be less than that which will net the purchaser four and one-half per cent per annum according to the standard table of bond values. The signatures of the officers in office at the time such bonds were dated affixed to such bonds shall be sufficient to establish their validity. — New Section added by amendment December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Signatures. Coupons.

Sec. 11. Such bonds shall be signed by the Mayor and the Treasurer, and shall be countersigned by the Auditor. The coupons shall be numbered consecutively and signed by the Treasurer, and

Article XII. Acquisition of Puhlic Utilities. 193

the bonds and coupons shall be payable at the office of the Treas- urer.— ^5 amended December 4, 1902; approved by the Legislature February 5, 1903 (Statutes 1903, page 595).

Levy of Tax to Pay Annual Interest on Bonds.

Sec. 12. At the time of levying the municipal tax, and in the manner provided for such tax levy, the Supervisors shall levy and collect annually a tax sufficient to pay the annual interest on such bonds, and also such part of the bonded municipal indebtedness as will fall due within the succeeding fiscal year, and as may be neces- sary to provide for the sinking fund payments of the next succeed- ing fiscal year; provided, that when the interest and sinking fund payments for any fiscal year on the bonds issued for any public utility can be met out of the surplus earnings of such public utility for the preceding fiscal year, no tax shall be levied for such purpose. Such taxes shall be in addition to all other taxes levied for munici- pal purposes, and shall be collected at the same time and in the same manner as other municipal taxes are collected. — As amended November 5, 1907; approved by the Legislature November 22, 1907 (Statutes Special Session, 1907, page 17).

Penalty for Failure to Enforce This Article.

Sec. 13. A neglect or refusal on the part of the Supervisors to comply with the provisions of this Article shall constitute cause for the removal from office of any member or members of the Board guilty of such neglect or refusal. — As amended December 4, 1902; approved by the Legislature February 5, 1903 (Statutes, 1903, page 596).

Power to Acquire Public Utilities.

Sec. 14. The City and County shall have power to acquire, con- struct or complete any public utility from funds derived from taxes levied for that purpose, or from funds derived from the sale of bonds issued for that purpose, as is provided in this Charter, and may operate, maintain, sell or lease the same, subject to the other provisions and limitations of this Charter.

Acquisition of Lands for Water Purposes.

See. 15. The Supervisors shall have power, in the name and for the benefit of the City and County, to acquire by purchase or con- demnation, subject to the conditions and limitations in this Charter and the general laws of the State prescribed, any lands situated within the State of California necessary for constructing or main- taining canals, aqueducts, reservoirs, tunnels, flumes, ditches, or pipes for conducting or storing water for the use of the City and County, or the inhabitants thereof.

Disposition of Receipts From Public Utilities.

Sec. 16. 1. Whenever any public utility shall be operated by the City and County, the receipts from such utility shall be paid daily into the city treasury, and maintained in a special fund set

194 Charter of the City and County of San Francisco.

aside for such utility. The Supervisors may, from time to time, make appropriations from such funds for the following purposes:

(a) For the payment of the operating expenses of such utility;

(b) For repairs and reconstruction;

(c) For payment of interest and sinking fund on the bonds issued for the acquisition or construction of such utility ;

{d) For extensions and improvements; (e) For a reserve fund.

Reserve Fund.

2, Whenever the Reserve Fund shall exceed one-half of the pay- ment for operating expenses in the preceding fiscal year, the Super- visors shall have the power to appropriate such excess to the General Fund.

Books of Account.

3. The City and County, when owning any public utility, shall keep the books of account for such public utility distinct from other City and County accounts, and in such manner as to show the true and complete financial results of such municipal owaiership, or ownership and operation, as the case may be. Such accounts shall be so kept as to show the actual cost to the City and County of the public utility owned; all costs of maintenance, extension and improvement ; all operating expenses of every description, and, in case of such municipal operation, the amounts set aside for Sinking Fund purposes. If any service shall be furnished for the use of such public utility without charge, the accounts shall show as nearly as possible the value of such service, and also the value of such sim- ilar service rendered by the public utility to any other municipal department without charge; such accounts shall also show reason- able allowances for interest, depreciation and insurance, and also estimates of the amount of taxes that would be chargeable against such property if owned by a private corporation. The Supervisors shall cause to be printed annually for public distribution a report showing the financial results, in form as aforesaid, of such munici- pal ownership and operation. The accounts of such public utility, kept as aforesaid, shall be examined at least once a year by an expert accountant, who shall report to the Supervisors the result of his examination. Such expert accountant shall be selected in such manner as the Supervisors may direct, and he shall receive for his services such compensation, to be paid out of the income or revenues from such public utility, as the Supervisors may prescribe. — >S^ec- tions 14, 15, 16 added hy amendment adopted November 5, 1907 ; approved by the Legislature November 23, 1907 (Statutes Special Session, 1907, page 37).

Article XIII, Civil Service. 195

AETICLE XIII.

CIVIL SERVICE. Appointment and Removal of Commissioners.

Section 1. The Mayor shall appoint three persons as Civil Service Commissioners, who shall constitute the Civil Service Com- mission. The persons so appointed shall, before taking office, make under oath, and file in the office of the County Clerk, the following declaration: "I am opposed to appointments to the Civil Service as a reward for political activity, and will execute the duties of Civil Service Commissioner in the spirit of this declaration." The term of one Commissioner shall terminate at twelve o'clock noon, July 1, 1915; the term of another shall terminate at twelve o'clock noon, July 1, 1917, and the term of another shall terminate at twelve o'clock noon, July 1, 1919. On the expiration of the term of any such Commissioner the ^layor shall appoint a successor with like qualifications to serve as a Commissioner for a term of six years. Each of the Commissioners shall receive an annual salary of twelve hundred dollars. The Commissioners may be removed from office in the same manner as are elective officers of the City and County, and not otherwise. The Supervisors shall appropriate annually not less than twelve thousand five hundred dollars for the expenses of the Commission, and not less than five thousand dollars additional for the inspection service provided in Section 14 of this Article. — As amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Schedule.

This amendment shall take effect upon its ratification by the Legislature; provided, that the provisions of Section 1 with respect to the appointment of Civil Service Commissioners shall take effect on the dates specified as follows : The term of the successor to the Commissioner whose term expires January 8, 1913, shall expire July 1, 1915 ; the successor to the Commissioner whose term expires January 8, 1914, shall be appointed for the term ending July 1, 1917, and the successor to the Commissioner whose term expires January 8, 1915, shall be appointed for the term ending July 1, 1919. — Adopted December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Classified Service.

Sec. 2. The Commissioners shall classify, in accordance with duties attached thereto, all places of employment in or under the offices and departments of the City and County, not exempted under Section 11 of this Article, or which may be created hereafter and not specifically exempted by this Charter. The Commissioners may grade, and from time to time regrade, the positions covered by any class, in accordance with salaries and duties, to the end that like salaries shall be paid for like duties. The Commissioners may from time to time provide by rule for the manner in which

196 Charter of the City and County of San Francisco.

such positions shall be filled. New positions when created shall be classified, graded and filled in accordance with these provisions. Before any new position is created, the authority creating such position shall secure from the Civil Service Commission the proper designation of such position, and the title of such position shall correspond with the classifications adopted in accordance with the provisions of this Section. In other than the Bureaus of Engineering and Architecture no appointee shall hold a position carrying a salary above the maximum established for the grade for which he has qualified except by securing such promotional rating as the Commission shall direct. Any classification or grading may be amended or abolished by the Commission, and classes calling for similar qualifications may be consolidated, but persons who have been appointed from any such class shall retain any position lawfully held thereunder so long as such position is maintained unless removed in accordance with the provisions of Section 12. The places of employment not exempted shall constitute the classified civil service of the City and County, and no appointment to any such place shall be made except in accord- ance with the provisions of this Article and the rules adopted thereunder by the Civil Service Commission. — As amended Decem- ber 10, 1912; approved hy the Legislature March 28, 1913 (Stat- utes, 1913, page 1602).

Rules of Commissioners.

Sec. 3. The Commissioners shall make rules to carry out the purposes of this Article, and for examinations, appointments, pro- motions and removals, and in accordance with its provisions may from time to time make changes in the existing rules. All rules and all changes therein shall be forthwith printed for distribution by the Commissioners.

Examination of Applicants.

Sec. 4. All applicants for places in the classified civil service shall be subjected to examination, which shall be public, com- petitive and free. Such examinations shall be practical in their character, and shall relate to those matters only which will fairly test the relative capacity of the persons examined to discharge the duties of the positions to which they seek to be appointed, and shall include, when appropriate, tests of physical qualifica- tions, health, and of manual or professional skill.

Examinations.

Sec. 5. The Commissioners shall control all examinations, and may, whenever an examination is to take place, designate a suit- able number of persons, either in or not in the official service of the City and County to be examiners ; and if in the official service it shall be a part of their official duty, without extra compensation, to conduct such examinations as the Commissioners may direct, and to make return and report thereof to the Commissioners. The Commissioners may substitute any other person, whether in or not in such service, in the place of any one so selected, or may

Article XIII, Civil Service. 197

themselves act as such examiners. Applicants for positions in the mechanical trades and occupations may, in the discretion of the Commission, be rated solely on experience and physical quali- fications, which may be demonstrated by such evidence and in such manner as the Commission may direct; and the applicants may be submitted to such further tests as the Commission may require. Examination of laborers shall relate only to physical qualifications and experience, and laborers establishing their fit- ness shall rank upon the register in order of priority of applica- tion. No question in any examination shall relate to political or religious opinions or affiliations. — As amended December lOf 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Notice of Examinations.

Sec. 6. Notice of the time, place and general scope of every examination shall be given by the Commissioners by publication for two weeks preceding such examination in the official news- paper, and such notice shall also be posted by the Commissioners in a conspicuous place in their office for two weeks before such examination. Such further notice of examination shall be given as they may prescribe.

Registers of Each Class of Positions.

Sec. 7. From the returns of the examiners, or from the exam- inations made by the Commissioners, the Commissioners shall pre- pare a register for each grade or class of positions in the classi- fied service of the City and County of the persons whose general average standing upon examination for such grade or class is not less than the minimum fixed by the rules of the Commissioners, and who are otherwise eligible. Such persons shall take rank upon the register as candidates in the order of their relative excellence, as determined by examination, without reference to priority of time of examination.

Provision for tlie Disabled.

Section lYo. When a civil service employee other than mem- bers of the Police and Fire Departments who has served three years in his position has become incapable through age, accident or other disability of satisfactorily performing the duties of the positions covered by the class in which he has qualified, the Civil Service Commission may, in its discretion, at the request of the appointing power, authorize his transfer to another class whose duties are within his capacity, and may, by a unanimous vote order that he be preferred for appointment to a designated posi- tion ; but such position shall be one having a smaller compensa- tion than the position from which he may be transferred, and the compensation shall not be increased subsequent to his appoint- ment thereto. — Netv Section added by amendment December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602),

198 Charter of the City and County of San Francisco.

Promotions, Basis of.

Sec. 8. The Commissioners shall provide for promotion in the classified service on the basis of ascertained merit and standing upon examination; and shall provide, wherever practicable, that vacancies shall be filled by promotion. All examinations for pro- motions shall be competitive among snch members of the next lower rank, as established by the Commissioners, as desire to submit themselves to such examinations. The Commis- sioners shall submit to the appointing power the names of not exceeding three applicants having the highest rating for each promotion. — As amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Duty of Heads of Departments — Candidates Highest on Register.

Sec. 9. Whenever a position classified under this Article is to be filled, the head of the department or office controlling such position shall notify the Commission of that fact, and the Com- mission shall then certify to the appointing officer the name and address of one or more candidates in the discretion of the Commis- sion, but not exceeding three, standing highest upon the register for the class or grade to which the position belongs. In making certification for employment sex shall be disregarded, except when some statute, the rules of the Commission, or the appoint- ing power specifies sex. The Commission shall not certify the name of any person who in the judgment of the Com- mission is not of good moral character, or who has secured a place upon the eligible lists by fraud, concealment of fact, or by violation of the rules of the Commission ; and having certified such person shall cancel such certification ; and the Commission shall remove the name of any such per- son from all civil service registers. — As amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Appointments on Probation. Conditions of Discharge. Temporary Appointments.

Sec. 10. The appointing officer shall notify the Commissioners of each position to be filled separately, and shall fill such place by the appointment of one of the persons certified to him by the Com- missioners therefor. Such appointment shall be on probation for a period to be fixed by the rules of the Commissioners ; but such rules shall not fix such period at exceeding six months. The Com- missioners may strike off names of candidates from the register after they have remained thereon more than two years. At or before the expiration of the period of probation, the head of the department or office in which a candidate is employed may, by and with the consent of the Commissioners, discharge him upon assign- ing in writing his reason therefor to the Commissioners. If he is not then discharged his appointment shall be deemed complete. To prevent the stoppage of public business, or to meet extraordi- nary exigencies, the head of any department or office may, with

Article XIII, Civil Service. 199

the approval of the Commissioners, make temporary appointments, to remain in force not exceeding sixty days, and only until regular appointments, under the provisions of this Article, can be made.

Departments Governed by This Article.

Sec. 11. Subdivision A. The provisions of this Article shall apply to the following offices and departments of the City and County. The County Clerk, the Assessor, the Tax Collector, the .Sheriff, the Auditor, the Recorder, the Treasurer, the Coroner, the Clerks and Stenographers of the Justices' and Police Courts, the Board of Public Works, the Police Department, the Fire Department, the Board of Election Commissioners, the Board of Health, the Department of Electricity, the Board of Supervisors, the Civil Service Commission, and all boards and departments controlling public utilities, but the following deputies, clerks and employees in said offices and departments shall be exempted there- from: the Chief Deputy of the County Clerk; the Chief Deputy and the Deputy designated as the Cashier of the Assessor; the Chief Deputy and the Cashier of the Tax Collector ; four Deputies of the Sheriff designated as the Under-Sheriff, the Chief Book- keeper, the Attorney, and the Cashier; the Deputy Auditor; the Chief Deputy of the Recorder; four employees of the Treasurer designated as the Cashier, the Chief Deputy, one Assistant Deputy designated as a Bond Deputy, and one Clerk; the Chief Deputy and the Autopsy Physician of the Coroner; the City Engineer; the Secretary of the Board of Public Works ; the City Architect ; the Registrar of the Board of Election Commissioners; the Jus- tices' Clerk; the Chief of Police; the Chief Engineer and Secre- tary of the Fire Department; the Chief of the Department of Electricity ; the Clerk of the Board of Supervisors ; all physicians appointed by the Board of Health; persons appointed by the Mayor under the authority of this Charter; the Chief Deputy and the head of any Bureau or Department created by this Char- ter or by ordinance : the Chief Examiner and special examiners appointed by the Civil Service Commission, and persons employed by the Commission to exercise the authority conferred by Sec- tion 14 of this Article ; the Manager or Superintending head of each public utility; attorneys and physicians employed to per- form duties included in their profession; persons employed by the Board of Supervisors for temporary service in positions requiring high technical skill ; persons employed in positions hav- ing a confidential relation to the head of the Department in which the employment is held, but not more than one such position shall be established in any Department; persons employed on public w^orks outside the City and County. Any person who has served in any position in the office of the Assessor, the Coroner, the Recorder, the County Clerk, the Sheriff, the office of the Justices' Clerk, the Board of Supervisors or the Treasurer for a period of one year continuously prior to the approval of this amendment and who shall be actually employed in any of said

200 Charier of the City and County of San Francisco.

offices at such time is hereby declared to be appointed within the provisions of Article XIII of this Charter to the position to which he may be assigned and shall be entitled to all the benefits of said Article thereafter.

Preference for Qualified Employees.

Subdivision B. The following persons securing standing on the eligible lists in examinations shall be preferred for appoint- ment :

1. Persons employed in the operating service of the Geary Street, Park and Ocean Railroad Company on May 5, 1912, such preference to be solely for employment in the Municipal Railroad service ;

2. Persons employed in the operating service of any public utility acquired by the city who have been so employed for not less than one year; and such persons so employed at the time a public utility is acquired by the city shall continue in their posi- tions.

Appointments Under This Article.

All officers, courts, boards or heads of departments vested in this Charter with the power to appoint deputies, clerks, stenog- raphers or other employees of any designation whatsoever shall make appointments only in accordance with the provisions of this Article and the rules adopted thereunder and any appoint- ment not so made shall be void. — As amended December 10, 1912; appi^oved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Dismissals for Cause Only — Trials and Suspensions.

Sec. 12. No person employed 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 department may suspend the person so accused, but such suspen- sion shall not be valid for more than thirty days upon any charge unless the hearing thereon shall be delayed beyond such time by 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 deter- mine such charges. The finding of such officers shall be final unless, within a period of thirty days therefrom, the employee so tried appeals to the Civil Service Commission against such finding. The appeal must be in writing, and must briefly state the reasons upon which it is based. The Commission may confirm the finding, or may require the officers to present in writing the grounds for discharge or dismissal, and may require the submis- sion of additional evidence ; and may thereupon make such order as it deems just. The order or decision of the Civil Service Com- mission upon such appeal shall be final, and shall forthwith be enforced by the appointing officers. If the Civil Service Com-

Article XIII, Civil Service. 201

mission shall reverse or alter the finding of the appointing officer, it may, in its discretion, order that the employee affected shall be paid his salary from the time of his discharge or suspension. The Civil Service Commission may hear and determine charges filed by any citizen, or by the authorized agents of the Commis- sion acting 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 dis- ciplinary 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. Removal or discharge for cause may be upon any of the following grounds : Incompetence ; habitual intemperance ; immoral con- duct; 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 by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Notice of Appointments, Promotions op Changes.

Sec. 13. Immediate notice in writing shall be given by the appointing 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 record 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 Mayor 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 per- form such other duties as the Commissioners may prescribe. The Chief Examiner shall be Secretary of the Commission by virtue

202 Charter of the City and County of San Francisco.

of his office. He shall keep minutes of its proceedings, preserve all reports 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.

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 other 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 December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

No Aid, Hindrance, Fraud or Collusion Permitted.

Sec. 18. No p.erson 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 injuring the prospects or chances of any person of being ap- pointed, 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 dis- approved, shall be then certified by the Commission and trans- mitted 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 been approved by the Civil Service Commission. — As amended December 10, 1912; approved by the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Article XIII, Civil Service. 203

Penalty for Violation.

Sec. 20. The Commissioners shall have power to institute and prosecute legal proceedings for violations of any of the provisions of this Article.

Standing of Eligibles Mustered Into Army or Navy.

Sec. 21. Persons who have been mustered into the Army or Navy of the United States since April 6, 1917, after having acquired standing on a register of candidates in accordance with the provisions of this article shall be granted a leave of absence in accordance with the following provisions:

1. If such person has been appointed to a permanent position he shall be entitled to resume such position upon the expiration of his leave. This provision includes appointments on probation. If any rights accrue to an appointee by reason of seniority, the term of service in the Army and Navy shall be reckoned a part of his service under the City and County.

2. Candidates not under appointment shall retain their places upon the register of eligibles and upon presenting an honorable discharge from the Army or Navy shall be preferred for appoint- ment, in the order of standing upon such register at the time of enlistment, before candidates securing standing through examina- tion held subsequent to the enlistment of such candidate.

Leave of absence granted hereunder shall be for the terms of service in the Army or Na\T, and for such time thereafter as may be provided by the rules of the Civil Service Commission; but all such leave of absence shall expire two years after the proclamation of the President of peace between the United States and the German Empire. Leave of absence granted under this section may be cancelled by the Civil Service Commission on filing of certificate of honorable discharge from the Army or Navy of the United States. — Xew section added by amendment November 5, 1918; approved by the Legislature January 17, 1919 (Statutes, 1919).

204 Charter of the City and County of San Francisco.

ARTICLE XIV. PARK COMMISSIONERS.

Jurisdiction of

Section 1. The lands designated upon the map of the outside lands of the City and County, made pursuant to order No. 800, by the word "park," extending from Stanyan Street to the Pacific Ocean, and known as Golden Gate Park ; also the land fronting on Haight Street, designated on said map by the word "park," and known as Buena Vista Park ; also the lands designated 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 designated upon said map as "great highway;" also Mountain 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 Commissioners, except that children's play- grounds and recreation centers outside of Golden Gate Park, shall, to the extent of their use as such playgrounds and recreation cen- ters, be under the exclusive management and control of the Play- ground Commissioners; provided, that the Panama-Pacific Inter- national Exposition Company (a corporation organized under the laws of the State of California, March 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 control, 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 Febru- ary 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 Mayor. 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 of two years, one at the end of three years, and two at the end of four years.

Article XIV,^Park Commissioners. 205

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 regula- tions for its government and for the performance of its duties, and for the conduct of its officers and employees, and shall require ade- quate bonds from all of them, except laborers, for the faithful per- formance 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 w^ork 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 applicable to all con- tract 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, wdthin 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 competent 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 reg- ular meeting. Such ordinances shall take effect in not less than ten days after their adoption.

Commissioners to Have Full Control of Parks and Squares.

Sec. 6. The Commissioners shall have the complete and exclu- sive control, management and direction of the aforesaid parks, squares, avenues, and grounds, and the exclusive right to erect, and to superintend the erection of buildings and structures thereon ; and to that end may employ and appoint superintendents, laborers, sur- veyors, engineers, and other officers and assistants, and prescribe and fix their duties, authority and compensation. They shall have the exclusive management and disbursement of all funds legally appropriated or received from any source for the support of said parks, squares, avenues and grounds.

206 Charter of the City and County of San Francisco.

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 Commissioners to lease any part of any of said parks, squares, avenues and grounds to any person, company or corporation for any purpose ; or to permit any person, company or corporation to build or maintain any struc- ture 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 constructed by the Board except it be within the objects and purposes for which 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 restrictions 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 appropriated 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 sys- tems, said station when erected to be under the control and man- agement of the joint commission of the Department 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. — Neiv Section added hy amendment December 10, 1912; approved by the Legislahire March 28, 1913 (Statutes, 1913, page 1602).

Park Police.

Sec. 7. The Chief of Police shall, on the request of the Commis- sioners, detail such members of the Police Force of the City and

Article XIV, -Park Commissioners. 207

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 Com- missioners 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. Tlie Board may receive donations from persons and cor- porations and legacies and bequests for the improvement of said I)arks, 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 ]iarks, 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 thereof.

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 which said State may erect and maintain an exposition building, in which may be exhib- ited 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 ho fee shall ever be charged for 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 property of the City and County by purchase, gift or otherwise, unless such work of art or design of the same, together with a statement of the proposed location of such work of art, shall first have been sub- mitted to and approved by the Commissioners ; 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 City and 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 Sec- tion shall apply to and include all paintings, 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

208 Charter of the City and County of San Francisco.

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 which 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 monuments 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.

IViuseum Building in Golden Gate Park.

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 Academy of Sciences, as may be necessary for said building, suf- ficient grounds being allotted to secure the safety of the same from fire. — New Section added by amendment November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661).

Article XIV, Park Commissioners. 209

Temporary Use of Lobos Square for Exposition.

Sec. 13. Notwithstanding anything in this Article contained, the Board of Park Commissioners are hereby authorized and directed to transfer to the Panama-Pacific International Exposition Company (a corporation organized under the laws of the State of California March 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 y 1912; approved hy the Legislature March 28, 1913 (Statutes, 1913, page 1602).

210 Charter of the City and County of Sa7i Francisco.

AETICLE XIV-A.

PLAYGROUND COMMISSIONERS. Children's Playgrounds, Management of.

Section 1. All children's playgrounds now owned by the City and County, and all children's playgrounds 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 known 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 Mayor 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 Educa- tion 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 Commissioners, 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 Secre- tary 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 employees, and shall require adequate bonds from all its officers and employees, 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.

Rules and Regulations.

Sec. 4. The Commissioners 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. 211

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 employees and assistants and prescribe and fix their duties, authority and compensation. They shall have the exclusive 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 acquired 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.

May Receive Donations.

Sec. 6. The Board may receive donations from persons and corporations, Tind legacies and bequests for the purchase, improve- ment 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 treasury of the City and County to the account of the Playground Fund of the General Fund. The same may be withdrawn therefrom and paid out in the same manner as is provided for the pay- ment of moneys legally appropriated for the support and improve- ment of such playgrounds and recreation centers. If such moneys shall at any time exceed in amount the sum necessary for imme- diate expenditure on said playgrounds or recreation centers 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 munici- pality therein.

Police Detail.

Sec. 7. The Chief of Police shall on request of the Commis- sioners detail such members of the Police Force of the 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 the rules and regula- tions of the Commissioners.

Supervisors May Set Aside Other Lands.

Sec. 8. The Supervisors shall have the power to set apart either absolutely or for a definite period of time, any land not improved with any public buildings belonging to the City and County other than land under the exclusive control and management of the Park Commissioners, and land acquired by the issue of bonds for other

212 Charter of the City and County of San Francisco.

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 Com- missioners.

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 recreation 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; approved hy the Legislature November 22, 1907 (Statutes Special Session, 1907, page 56).

Article XV, Bonds of Officials. 213

AETICLE XV.

BONDS OF OFFICIALS.

Officers to Give Bonds. Approval by Mayor and Auditor.

Section 1. Officers of the City and County, before entering upon the discharge of their official duties, shall respectively give and execute to the City and County such official bonds as may be required by law, ordinance, or this Charter. When the amount of any bond is not fixed by law or by this Charter, it shall be fixed by an ordinance of the Supervisors. All bonds, excepting those of the IMayor and Auditor, must be approved by the Mayor and Auditor; the bond of the Mayor must be 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 signed by the officers approving the same, after examination of the sureties, as hereinafter provided. Upon the approval of a bond it must be recorded, at the expense of the party giving the bond, in the office of the Recorder, in a book kept for that purpose, entitled Record 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 officers shall respectively execute official bonds to the City and County, with sureties, in the following 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; Recorder, ten thousand dollars; Sheriff, fifty thousand dollars ; Coroner, ten thousand dollars ; City Attorney, ten thousand dollars; District Attorney, ten thousand dollars; Public Administrator, fifty thousand dollars; Superinten- dent of Public Schools, five thousand dollars ; each Commissioner of Public Works, twenty-five thousand dollars; Clerk of the Super- visors, ten thousand dollars ; each Supervisor, five thousand dollars ; each School Director, five thousand dollars; each Fire Commis- sioner, ten thousand dollars; each Police Commissioner, five thou- sand dollars; each Election Commissioner, ten thousand dollars; the Property Clerk of the Police Department, ten thousand dollars ; the Warrant and Bond Clerk, ten thousand dollars.

In all cases of elective officers, officers appointed by the Mayor, and officers whose bonds are fixed by the Charter, the premium or charge for such bond shall be paid by the City and County; provided, hoicever, that no premium or charge shall exceed one- half of one per cent per annum on the amount of such bond. — As amended November 5, 1907; approved hy the Legislature November 23, 1907 (Statutes Special Session, 1907, page 37).

214 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 con- dition 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 sureties who shall each justify in the amount required for said bond ; but when the amount of the bond is more than five thousand dollars, the sureties may become severally liable for portions of not less than twenty-five hundred dollars. When 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 lawfully authorized surety companies, must make an affidavit, which shall be endorsed upon such bond, that he is a resident and freeholder in the City and County, and worth in property situated in the City and County, exclusive of incumbrances thereon, double 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 surety, 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 officer, 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 employees bonds of indemnity with sufficient sureties for the faithful performance of their duties.

Article Xy/> Miscellaneous. 215

ARTICLE XVI.

MISCELLANEOUS.

"City and County" Defined.

Section 1. The words ''City and County" whenever they occur in this Charter mean the City and County of San Francisco; and every department, board and officer, wherever either one of them is mentioned in this Charter, means a department, board or officer, as the ease may be, of the City and County of San Francisco.

Qualification to Hold Office.

Sec. 11/2 . No political, religious 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 position shall not be limited by sex. Any provision of this Charter in conflict with this section is hereby repealed. — Neiv section added by amend- meiit, December 10, 1912; approved by 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 year next preceding their appointment; pro- vided, that positions requiring expert or technical training may, by resolution of the Board of Supervisors approved by the Mayor, 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 County shall not be subject to the requirements of this section. All provisions of the Charter in conflict w^ith this section are hereby repealed. — As 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 the State, except by permission of the ^layor and the Board of Supervisors. Violation of this section shall be sufficient cause for the removal of any offi- cer violating the same. — ^5 amended November 15, 1910; approved by the Legislature February 17, 1911 (Statutes, 1911, page 1661).

No One Shall Hold Two Salaried Offices.

Sec. 4. Any person holding a salaried office under the City and County, whether by election or appointment, who shall, during his term of office, hold or retain any other salaried office under the government of the United States, or of this State, or who shall

216 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 Legis- lature, 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 cir- cumstances, employ more subordinates than are specifically pro- vided for in this Charter or buy supplies beyond the sum furnished therefor by the Supervisors.

Shall Not Be Interested in Contracts or Supplies or Property of the City.

Sec. 6. No Supervisor and no officer or employee 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 assessments, 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 privi- lege granted by the City and County, unless the same shall be devolved upon him by law, he shall forfeit his office, and be for- ever after debarred, and disqualified from being elected, appointed 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 employee of the City and County shall give or promise to give to any other person, any portion of his compensation, 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 disquali- fied 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- ployee, or from any candidate or applicant for any position as employee 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.

Artticle XVl^ Miscellaneous. 217

Annual Reports.

Sec. 9. Every department, board and commission provided for in this Charter, except the Supervisors, shall render to the Mayor 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 a 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 consecu- tive days. Liability for Illegal Payments.

Sec. 11. Every officer who shall approve, allow or pay any demand 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 approved, allowed or paid.

Custody of Records.

Sec. 12. The departments, boards, commissioners and officers provided for in this Charter shall 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 superseded in office under this Charter 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 time during business hours. Certified copies or extracts from said books 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 Department shall not be subject to such inspection except permission be given by the Police Commis- sioners or by the Chief of Police.

Office Hours.

Sec. 14. The Treasurer shall keep his office open for business every day, except legal holidays, from nine o'clock in the forenoon until four o'clock in the afternoon. Except wherp otherwise pro- vided for by law, or by this Charter, all other public offices shall be kept open for business 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 Novem- ber until the last Monday of December in each year the office of

218 Charter of the City and County of San Francisco.

the Tax Collector shall be kept open until nine o'clock in the evening.

Disqualifications.

Sec. 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 collected 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 respectively belong. If such officer for twenty-four hours after receiving 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 sus- pended 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 somie 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 Mayor 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 approved such suspended officer shall be immediately reinstated. Removal of Appointed Officer by the Mayor.

Sec. 20. "When the Mayor 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 dep-

Article XVI, Miscellaneous. 219

uty, clerk, assistant or employee, shall have the right to remove any person so appointed.

Appointments to Be in Writing in Duplicate.

Sec. 22. All appointments of officers, deputies and clerks to be made under any provision of this Charter must be made in writing 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 themselves by lot that their terms of office shall expire at different times, such members shall, on the day of making such classifica- tion, cause the same to be entered in the records of their proceed- ings, 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 admin- ister oaths and affirmations, and every such board, officer or com- mittee shall have the power to issue subpoenas, to compel by sub- poena 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 board 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 gen- eral 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 publications provided for in this Charter must be made in the official newspaper only.

Franchises Not in Use Forfeited.

Sec. 26. All franchises and privileges heretofore granted by the City and County which are not in actual use or enjoyment, or which the grantees thereof have not in good faith commenced to exercise, are hereby declared forfeited and of no validity, unless said grantees or their assigns shall, within six months after this

220 Charter of the City and County of San Francisco.

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 only. All provisions of this Charter, as the same shall 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 proposition or propositions, to the issuance, character and reg- istration 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 treas- ury to the credit of the proper fund and shall be applied exclu- sively to the purposes and objects mentioned in the ordinance authorizing their issuance until such objects are fully accom- plished, 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 sinldng fund or provide for the retirement of the bonded indebtedness in connection wdth which such surplus remains. — As amended November 5, 1907 ; a^pproved hy the Legislature November 22, 1907 (Statutes Special Session, 1907, page 17).

Bonds for Street and Other Public Work. Revolving Fund.

Sec. 291/^. A municipal indebtedness may be incurred and bonds may be authorized to be issued therefor by the voters for the purpose of facilitating the performance of street or any other kind of public work, or opening of streets, or acquisition of prop-

Article XVI, Miscellaneous. 221

erty 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 Supervis- ors shall adopt a resolution declaring the necessity therefor and at an}^ time thereafter may call an election for the purpose of sub- mitting to the electors 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 dis- tinctively 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 indebted- ness 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 pay- able 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 the proceeds arising from such sale shall be placed in a special fund known as the public work revolving fund. Thp 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 principal 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 such assessments at the rate of six per centum per annum, from the date of the acceptance of the work for the payment of which the assessments were imposed. Such assessments when exceed- ing $25 may be paid in not more than ten annual installments. The Supervisors shall, by proper legislation provide for carrying into effect the provisions of this section. — New section added hy amend- ment December 10, 1912; approved hy the Legislature March 28, 1913 (Statutes, 1913, page 1602).

Bonds May Be Issued for Exposition.

Sec. 29a. 1. The Supervisors are hereby empowered and directed, without further authority, to incur a bonded indebted- ness, of the City and County, in an amount of five million dollars, and to issue municipal bonds therefor, the proceeds of said bonds to be granted and turned over to the Panama-Pacific International

222 Charter of the City and County of San Francisco.

Exposition Company (a corporation organized under the laws of the State of California March 22, 1910), to be used and disbursed by said exposition company for the purposes of an international exposition to be held in the City and County of San Francisco to celebrate the completion of the Panama Canal.

2. The bonds issued under the provisions of this section shall be in such form as the Supervisors in the ordinance providing for such bonded indebtedness shall determine ; provided that such bonds shall be issued, sold, redeemed, registered and converted in accord- ance with the provisions of Sections 10, 11, 12 and 13, of Article XII of the Charter, as they now read, so far as said Sections are applicable.

3. The proceeds of any sale of such bonds shall be payable immediately by the Treasurer of the City and County to the Treasurer of said Panama-Pacific International Exposition Com- pany, upon the demand of such Treasurer of said exposition company, without the necessity of the approval of such demand by the Auditor of the City and County, or other authority, the same to be used and disbursed by said Panama- Pacific International Exposition Company for the purposes of of such exposition. — New section added hy amendment November 15, 1910; approved hy the Legislature February 17, 1911 (Statutes, 1911, page 1661).

Duties of Subordinates.

Sec. 30. Every assistant deputy or other subordinate of any board, department or officer, shall discharge any of the duties per- taining to such department, -board or office as his chief may assign him to.

Ineligibility to Office.

Sec, 31. No member of the Board of Police Commissioners and no member of the Board of Fire Commissioners shall be eligible to any elective office while he is a member of such Board, or for one year thereafter.

Members of the Police or Fire Departments Not to Participate in Politics or Conventions.

Sec. 32. No member of the Board of Police Commissioners and no member of the Board of Fire Commissioners, and no officer, sub- ordinate or employee of the Police Department or of the Fire Department, shall be a member of any partisan convention the pur- pose of which is to nominate candidates for office; nor shall either of them directly or indirectly electioneer, by soliciting votes or otherwise, for or against any candidate for office at any election, or for or against any candidate for nomination before any political convention, or for or against any candidate or delegate to such con- vention at any primary election ; nor shall either of them be a mem- ber of any committee, club, or organization, the purpose of which is to nominate or endorse candidates for office at any election ; nor in

Article XVI, Miscellaneous. 223

auy way attempt to influence or control such committee, club or organization, while nominating or endorsing said candidates; nor take any part in the control, management or distribution of the political patronage of any public ofi&cer; nor shall any member of either of said Boards, or any officer, subordinate or employee of either of said departments directly or indirectly attempt to control or in any manner influence the action of any officer, subordinate or employee of either of said departments at any general, special or primary election. And no officer, subordinate or employee of either of said departments shall levy, collect or pay any amount of money as an assessment or contribution for political purposes. Any person violating any of the provisions of this section shall be removed forthwith from his office or employment. If the violation be by a member of either of said Boards the Mayor must remove such member ; and if by an officer, employee or subordinate of either of said departments, then the Board whose officer, employee or sub- ordinate has been guilty of such violation, must remove such officer, employee or subordinate ; and if such Board fail or refuse to make such removal, then the Mayor must remove all members of the Board who have so failed or refused.

Pay for Actual Service.

Sec. 33. No deputy, clerk or other employee of the City and County shall be paid for a greater time than that covered by his actual service.

Salaries Full Compensation.

Sec. 34. The salaries provided in this Charter shall be in full compensation for all services rendered, and every officer shall pay all moneys coming into his hands as such officer, no matter from what source derived or received, into the treasury of the City and County within twenty-four hours after receipt of the same.

Additional Clerks or Employees.

Sec. 35. When any officer, board or department shall require additional deputies, clerks or employees, application shall be made to the Mayor therefor, and upon such application the ^layor shall make investigation as to the necessity for such additional assist- ance; and if he find the same necessary he may recommend to the Supervisors to authorize the appointment of such additional depu- ties, clerks or employees; and thereupon the Supervisors, by an affirmative vote of not less than fourteen members, may authorize such appointments and provide for the compensation of such ap- pointees, subject to the limitations contained in this Charter, and subject to the provisions 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 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 preceding, has been elected the Mayor of the City and County,

224 Charter of the City and County of San Francisco.

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 Monday 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 herein- after 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 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

\

Article XVI, Miscellaneous. 225

this Cliarter takes effect, shall be expended during said six months by the Board of Public Works in the operations of the department committed to its cliarge. 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 County 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 III of this Charter. Such pensions as may accrue to firemen under Article IX of this Charter during said six months shall 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 existing municipality not mentioned in this section, and which are author- ized by law, shall be continued in the treasury until the 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 balance shall be forthwith transferred to the General Fund. Terms of Officers.

Sec. 3Sa. The term of office of the Mayor, County Clerk, Auditor, District Attorney, Sheriff, Coroner and nine of the eighteen Supervisors shall be four years, commencing January 8, 1912, and the term of office of the Tax Collector, Recorder, City Attorney, Public Administrator, Treasurer and nine of the eight- een Supervisors shall be two years until the eighth day of January, 1914, and thereafter shall be four years.

Thereafter all the terms of the officers herein named shall be four years. The nine Supervisors receiving the hisrhesl number of votes at the municipal election held in 1911 shall be the Super- visors whose terms shall be four years from January 8, 1912, and the terms of the nine Supervisors receiving the next highest num- ber of votes at said municipal election shall be 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 received 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 Charter relating to the terms of the officers herein named, whether

226 Charter of the City and County of San Francisco.

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 by the Legis- lature 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.^ — New 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, page 180.) Pensions of Policemen or Firemen Absent in Army or Navy.

Sec. 43. Absence of any officer or member of the Police or Fire Departments of the City and County of San Francisco from service in either of said departments caused by reason of the service of such officer or member in the military or naval forces of the United States in any war in which the United States is now or may become en- gaged, shall not be deemed to be such an absence from service in either of said departments as shall break the continuity of service required of such officer or member to entitle him to a pension as pro- vided in this Charter, but the period of such absence in such military or naval service shall not be deemed service in either of said depart- ments.— Neiv section added by amendment November 5, 1918; ap- proved by the Legislature January 17, 1919 (Statutes, 1919).

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 general 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 which shall be held on that day, for the sole purpose of voting upon the adoption of the same ; and if a majority of the qualified electors of said City and County vot- ing at said election shall ratify the same it shall be submitted to the Legislature of the State of California for its approval or rejection. If the Legislature shall approve 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 nineteen hundred, and shall thereupon become the Charter

Article XVI, Schedule. 227

and organic law of the City and County of San Francisco, and shall supersede the existing Charter of said City and County, and ail amendments 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 oflficers 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 the 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 the 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 arid 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 r'ity and County of San Francisco.

In Witness Whereof, we have hereunto set our hands in dupli- cate, this twenty-fifth day of March, in the year one thousand eight hundred and ninety-eight.

JOSEPH BRITTON, President,

JEROME A. ANDERSON,

JAMES BUTLER,

H. N. CLEMENT,

A. COMTE, Jr.

ALFRED CRIDGE,

L. R. ELLERT,

TSIDOR GUTTE,

P. II. McCART?IY,

JOHN NIGHTINGALE, Jr.

JOHN C. NOBMANN,

JOSEPH O'CONNOR,

LIPPMANN SACHS,

EDWARD R. TAYI.OR,

A. W. THO^rPSON.

Attest: J. RTCIT'D FREUD, Sfcrciary.

228 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 there- in, 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 hundred and ninety-eight.

JAMES D. PHELAN, Mayor of the City and County of San li^rancisco.

THOS. J. GLYNN,

County Recorder of the City and County of San Francisco.

INDEX

ABANDONMENT OF STREETS

ABATEMENTS OF NUISANCES

ABOLISH,

Position ^-.»...„

Unnecessary funds

ABSENCE,

Chief Engineer, Fire Department

Chief of Police

Deduction from salary for

From State,

For more than sixty days creates vacancy

When permitted

Leave of,

Firemen

Military service

Pension rights, policemen or firemen on military

service

Sunervisors from meetings

ABUSE OF DISCRETION, by commissioners

ACADEMY OF SCIENCES,

May erect museum in Golden Gate Park

Steinhart Aquarium

ACCEPTANCE,

Bids for supplies

Board of Public Works,

Certificate

Of public work

Bribe to official from subordinate

Defective work prior to, liability

Fountains

Inferior materials by officer

Monuments

Paintings

Park Commission

Progressive payments on contracts before

School houses

Statues

Streets,

By ordinance of Supervisors

Conditional

Entire width of roadway, block or crossing....

Register kept by Board of Public Works

Sewer, gas and water pipes to be laid before

W^orks of art

ACCIDENTS,

Claims for damages

Employees disabled through

ACCOUNTS, Auditor,

Custodian of

To examine and settle

City's money or property, recovery

Corporations' books, ^xperting

Section or
Subdivision	Page
27	96
6	9
13	201
38	225
2	152
4	139
6	48
10	217
3	215
2	158
21	203
43	226
3	4
5	156
12	208
43a	15
1	24
16	92
22	77
8	216
5	2
10	207
4	27
10	207
10	207
10	207
21	77
1	132
10	207
23	94
23	94
23	94
23	94
23	94
10	207
8	20
71/^	197
1	47
10	41
14	43
4	17

230 Index

ACCOUNIS (Continued) Subdivision Page

Finance Committee, control 3 16

Libraries, Public 5 133

Method of keeping in Auditor's office 3-4 47-48

Playgrounds 10 212

Public Service Corporations, investigating 4 17

Public utilities, how kept 3 194

Stationery supplies 3 27

Storekeeper 32 98

Street Railways, experting 6 19

Treasurer to keep separately 2 50

Uniform system, prescribing 40 14

ACQUISITION,

Bond issue 29 2*^0

Excess of actual requirements, land 10 22

Franchise, street railway, purchase 7a 37

Property for public use 12 10

Public Library property 4 133

Public utilities 1-16 186-194

Sewer construction, land for 6 111

Streets, land for opening, &c 1-19 100-109

Subway, tunnel and viaduct construction, land for 2 121

Water supply, land for 15 193

Water works and sources 1 186

(See altso Purchase, Condemnation.) ACTIONS,

Attorney's fees in 15 90

Bank, deposit of public funds 2 51

Board of Education 8 126

City and County of S'an Francisco 4 2

City Attorney,

Keep register and records 3 59

Prosecute and defend 2 58

Civil service provisions, violation 20 203

Condemnation,

Cases having precedence 16 108

Opening, etc., of streets 16 108

Property for public use 12 10

Continuances, Police Court 6 64

Costs, recovery 15 90

Delinquent taxes, collection , 3 55

Dismissals, Police Court 1 64

District Attorney 2 60

Franchises, forfeiture of 3 46

Injuries 5 2

Lien, street assessment 12 88

Materialman, amount unpaid on contract 7 29

New street assessment, enforcing lien 12 88

Paving, railroad tracks 24 95

Police courts 2 60

Police court, rules 3 64

Public libraries 4 133

Recovery,

City's money or property 14 43

Public property 4 2

Speedy trial 6 64

Street assessments 15 90

Street assessments 17 9^,

Streets, excavation, lien 9 72

ACTS,

Initiative of the people 1-16 174-180

Of emjiloyees, officers liable for • 6 214

Index

231

ACTUAL SERVICE, payment only :

ADDITIONAL,

Assistants, employment of

Bonds of officials

Clerks, Supervisors

Employees, procedure

Initiative petition, signatures to

ADOPTION,

Ordinance, etc., by people

Resolutions

ADULTS, evening schools

ADVERTISING,

Amended bill of resolutions, five days

Affidavit of publisher of official newspaper

Appeal from street assessment, five days

Award of contract, public work, five days

Bidder to pay

Bids, new, for

Bills and resolutions

Bonds,

Election

Redemption of, thirty days

Sale of

Change of grade.

Notice of assessment

Notice, ten days

Objections to, five days

Charter in two daily newspapers

Closing of streets, notice

Contracts for public work, five days

Cost of, to be collected

Daily, legal holidays excepted

Delinquent assessments,

Change of grade

Sale of property

Delinquent tax list

Fire Department contracts

Franchises, street railways

Included under incidental expenses

Lease of city lands

Leasing of school property, notice, sixty days

Official,

Contracts

In official newspaper

Uniform rates

What consists of

Opening of streets, assessments on, ten days

Ordinances of Supervisors

Park ordinances

Personal property, sale of, five days

Printing, proposals for, ten days

Prohibited, unless authorized

Proposals for public work

Public utilities, acquiring, ordinance of intention.. Repaving, on change of grade, awards of contract..

Resolutions, before final passage

Sale,

City and County personal property

Lands, notice, three weeks

Section or
Subdivision Page
33	223
12	42
5	214
1	4
35	223
3	177
1	174
9	5
2	124
13	6
26	96
14	89-90
17	74
9	116
5	27
13	6
8	190
7	37
10	191
12	117
7	115
8	115
	220
27	9fi
14	73
14	105
26	96
12	117
14	105
2	26
4	152
6	18
26	96
32	13
11	127
2	25
25	219
2	26
2	26
13	104-105
13	6
5	205
33	13
3	26
2	26
15	73
5	188
9	116
13	6
33	13
9	21

232 Index

ADVERTISING (Continued) S^ubdwrsfon Page

School Department supplies, ten days 2 128

Stationery supplies 3 26

Streets,

Cleaning and sprinkling proposals 29 97

Improvement resolution 3 79

Opening, etc., of, ten days 3 101

Opening, notice to show cause 10 104

Work, notices and resolutions 26 96

Supplies, proposals for, ten days 1 24

Waived in case of urgent necessity 14 73

ADVICE,

City Attorney to departments 2 58

District Attorney to certain departments 2 60

AFFIDAVITS,

Bid for public work 16 73

Contractor, no private agreement 6 82

Initiative Petition,

Denial of signature 3 176-177

Verification of signatures 2 175

Official bonds 4 214

Street work notices 26 96

AFFIRMATIONS,

Clerk of Supervisors to administer 7 5

Finance Committee administering 3 17

Officers administering 24 219

AGE,

Employee disabled through 714 197

Fire Department members 6 149-150

Pensions, Fire Department 3 155

Police officers 3 135

Retiring on pension 2 144

School directors 1 124

AGREEMENTS,

Contractor, no private 6 82

Mayor, supervision of 3 46

Supplies or labor, registering 9 31

ALARM SYSTEM,

Central station 6a 206

Fire and police 5 159

ALLEYS,

Assessment, street work 5-7 84-85

Defective, liability, damage 5 2

Excavations in, proceedings 9 71

Grade changes 1 112

Included under term "street" 26 95

Opening, extending, widening, etc 1 100

Open public street, defined 1 77

Repairs to prior to acceptance 16 91

Use, control by Supervisors 2 9

ALMSHOUSES 3 160

Establishment, maintenance of 11 10

ALTERATIONS,

Bids for supplies 1 25

Works of art 10 208

AMBULANCE SERVICE 3 160

AMENDMENTS,

Bills 8 5

Charter,

Approval by Legislature 1

Constitutional provisions 22 8

Index

233

AMENDMENTS (Continued) Subd!wsU)'n Page

Elections 1

Legislature, approval by, dates 1

Petition for election 22 7-8

Supervisors, majority vote 22 8

When to take effect 41 226

Civil Service classifications 2 196

Complaint, Police Court 4 64

Initiative petition 3 177

Ordinances 10 5

Procedure ?, 122

Street improvement applications 2 78

AMUSEMENT PLACES, police office? detailed to.... 12 148

ANIMALS,

Cruelty to, fines 19 11

Running at large, prevention 8 10

ANNUAL,

Budget 1-4 30

Reports 9 217

Tax levy 5 31

APPARATUS (See Equipment)

APPEALS,

Bonds on 5 65

Civil Service Commission against dismissal 12 200

Police Court 2 64

Police Court, service of papers 9 66

Street assessment k 4 81

Street assessment to Supreme Court 12 88

APPLIANCES,

Cleaning streets 13 10

Electric, charge of Department of Electricity 6 159

Street sprinkling and cleaning 29 97

APPLICATIONS,

Additional deputies, clerks, etc., to Mayor 35 223

Franchise grant 6 18

Pension, Fire Department 3 155

Street improvements 2 77

Street railway franchises 6 18

APPOINTMENTS,

Additional employees, when and how 35 223

Arbitrators, franchise purchase 7a 37

Auditor, by 2 47

Bailiffs 2 62

Board of Education 1 124

Board of Health 5 161

Board of Public Works 1 68

By Mayor,

All those not otherwise specified 4 46

Under new charter, when to be made 36 223-24

Census marshals 7 126

Certified list, must be made from 10 198

Chief, Department of Electricity 2 159

Chief of Police 1 139

Citizenship requisite 2 215

City Attorney 5 59

City Engineer 11 72

Civil Service,

Commissioners 1 195

Employees prior to charter amendment with- out examination 11 199-200

Notice to Commissioners 13 201

Rules 3 196

234

Index

Section or

APPOINTMENTS (Continued) Subdivision Page

Clerk to Supervisors 1 4

Compensation for obtaining, prohibited 7 216

Coroner 2 56

County Clerk 2 61

Department of Electricity 2-3 159

Disqualified official or employee, when 6 216

District Attorney 3 60

Election Commission 1 163

Elections Department 4 164

Emergency 10 198

Finance Committee 3 16

Fire Commissioners 1 149

Fire Marshal 1 153

Geary street railroad employees preferred for lib 200

Health Department 5 161

In writing in duplicate 22 219

Interpreters in Courts 1 58

Jail employees .•—. . 2 62

Janitors, public buildings 4 71

Justices' Court l 1 62

Justices of Peace to act as Police Judges 12 66

Laborers, by priority of application 5 197

Municipal Railway, preference for former em- ployees : lib 200

Park Commission 3 204

Police,

Commissioners '. 1 135

Matrons 4 137

Officers 3 135

Surgeon 7 137

Political qualifications not required for 1^/. 215

Public Works Board, heads of departments and

employees 13 73

Registrar of Voters 3 164

Residence in city 2 215

San Francisco Hospital 6-9 161

School Directors 1 124

Stealer, weights and measures .-. 1-2 57

Sergeant-at-Arms 1 4

Sex to be disregarded, when 9 198

Sheriff 2 62

Special Police officers 4 137

Storekeeper 32 98

Successors to suspended officers 18 218

Superintendent of Schools 2 129

S'uspension, during period of 18 218

Supervisors' employees 1 4

Teachers 2 125

Temporary, limited to sixty days 10 198-199

Vacancy, Mayor to fill 4 46

Warrant and Bond Clerks 5 65

APPORTIONMENT,

Balances to ensuing fiscal year 5 36

Receipts by Auditor 10 41

Taxes : 11 23

APPRAISEMENTS, sale of City lands 9 21

APPROACHES,

Approving designs of 10 208

To tunnels, land for 2 122

Index 236

Section or

Subdivision Page APPROPRIATIONS,

Advertising, official 13 6

Aquarium, public 43 15

Budget 4 31

Cruelty to animals, fines 19 11

Demands to specify 7 48

Elections, special fund 14 180

Exempt firemen, relief 36 13

Firemen's relief fund 7 157

Fourth of July celebration... 18 11

Initiative petition, investigating 3 177

Law Library 1 67

Library purposes, city real estate for 7 134

Mayor's contingent fund 35 13

Memorial Day celebration 18 11

Money to be drawn only by " 6 31

One-Twelfth Limit,

Exemptions 9 32

On expenditures from 9 31

Parks 6 205

Playgrounds 10 212

Police Relief and Pension Fund 7 146

Public utility earnings, out of 1 194

Steinhart aquarium 43a 16

Tax levy to meet 5 31

Unexpended Balances,

Action by Auditor 10 32

Certificate by Auditor 10 32

Monthly 9 31

Weekly statements 10 32

Urgent necessities fund 8 31

Veto separate items by Mayor 14 6

Warrants drawn only upon unexhausted 7 31

APPROVAL,

Amendments to Charter by Legislature 1

Arches 10 207

Auditor's monthly salary 13 42

Bas-reliefs ...1 10 207

Bonds,

Board of Public Works 4 68

Franchise bid :. 6 18

Official 1 213

Charter by Legislature 226-227

Common School Fund, demands on 13 42

Demands 19 7

Auditor 3 47

Board of Education 10 127

Civil Service Commission 19 202

Departments, etc 13 42

Salaries 13 42

Supervisors 19 7

Head of department prior to Auditor doing so 4-5 48

Deposit of public funds, security 2 50

Designs 10 208

Fences 10 208

Fountains 10 207

Franchise grant 6 19

Gates 10 208

Illegal demands, penalty 11 217

Lamps 10 208

^m

tndet

APPROVAL (Continued) Subdivision Page

Lease on city lands 32 IS

Memorials 10 207-208

Monuments 10 207

Mural decorations, by Park Commissioners 10 207

Official bonds 1 213

Ordinances by Mayor 16 6

Ornamental structures, etc 10 207

Paintings, by Park Commissioners 10 207

Park employees' bonds 4 205

Pay rolls by Civil Service Commission 19 202

Plans, public buildings 6 71

Requisitions, supplies 3 27

School house plans 1 131

School lot lease il 127

Sculpture 10 207

Statues 10 207

Streets, new : 28 97

Subdivision maps 28 96

Tax limit, suspension of 13 33

Urgent necessities, expenditures for 8 3L

Works of art 10 207

AQUARIUM, public 43 15

AQUEDUCTS, water supply, lands for 15 193

ARBITRATORS, franchise; purchase by City 7a 37

ARCHES, approval 10 207

ARGUMENTS, initiative election 10 179

ARMY,

Policemen and firemen retain pension rights 43 226

Reinstatement of eligibles drafted into 21 203

ARRESTS,

In parks 7 207

Police Court warrants 4 65

Tax collector and deputies 2 54

ART GALLERY,

Academy of Sciences 12 208

Gifts to and control over , 6 206

ART, WORKS OF, acceptance and location 10 207

ASSEMBLY DISTRICTS, rotation of names on ballot 11 169 ASSESSMENT DISTRICTS,

Objections by property owners 4 102

Opening, etc., streets 7 103

Opening, widening, etc., of streets 2 101

Petition, property owners 4 79

Property owners doing street work 19 75

Resolution of intention 2 101

Street grade changes 1 112-113

ASSESSMENT ROLL,

Assessor making 2 54

Change of grade , 11 117

Opening, etc., of streets 12 104

ASSESSMENTS,

Advertising 13 6

Assessor, charge of 2 54

Books and stationery 3 26

Bridge construction 2 122

Bridges 1-4 121-123

Change of grade 11-17 117-120

Closing, etc., of streets 1-19 100-109

Jndex 237

ASSESSMENTS (Continued) SuMivrsfon Pago

Collections,

By Board of Public Works 14 105

By Tax Collector 2 54

Deposit daily in treasury 17 218

Deficiency in fund 16 109

Delinquent 13-14 105

Delinquent, change of grade 12 117

Districts (see Assessment Districts)

Error not affecting validity 9 103

Fifty per cent of value 8 83

Fund, special 8 107

Interest on 29V. 221

Grade change 5 114

Limitation on 8 83

New. making _ 11 104

Opening, etc., of streets 1-19 100-109

Ordinances levying 13 6

Political purposes, for 32 223

Redemption, property sold on delinquent 1 105

Revolving fund 29^2 221

Roll, assessment 12 104

Sewers and drains 2 83

Sewers on street conditionally accepted 23 94

Streets (see Streets)

Subways 1-4 121-123

Supplementary assessment 18 109

Surplus in fund 18 109

Ten-year installment payments 1 100-101

Tunnels 1-4 121-123

Viaducts 1-4 121-123

ASSESSOR,

Assess property as prescribed by law 2 54

Ballot, arrangement of office on 10b 168

Election,

To office 1 53

When 1 164

Employees,

Appointment of 1 54

Extra 1 54

Salaries 1 54

Under civil service and exempt 11 199

Exnenditures. one-twelfth limit on, exempted 9 32

Official bond 2 213

S^alary of 1 54

Sale of city lands, Board of Appraisement 9 21

Term of office 1 53

ASSISTANTS.

Chief Engineer, Fire Department 1 158

City Attorney 5 59

Department of Electricity 3 159

District Attorney 3 60

Extra, employment of 12 42

Libraries, Public 3-6 134

ATTENDANCE,

Auditor, daily at office 1 47

Fire Marshal, at fires 2 154

Meetings, compelling , 3 4

Schools, compelling 4 125

Treasurer, daily 2 50

238 Index

Section or

Subdivision Page ATTORNEYS,

City Attorney 1 58

District Attorney 1 59

Exemption from civil service 11 199

Fees, recoverable by contractor in street assess- ment action 15 90

Police Court rules ' 64

Police officer's trial 3 142

Special for Auditor 2 47

Special for Sheriff 2 62

Warrant and Bond Clerk 5 65

AUCTION,

Lands owned by City 9 21

Unclaimed property 3 143

AUCTIONEERS,

Permits 9 138

Supervision of, Chief of Police 7 140

AUDITOR,

Absence of employees 6 48

Accountant of City and County 1 47

Accounts,

How kept 3-4 47-48

Of officers, adjusting monthly 8-10 41

Action to recover City's money or property 14 43

Appointments,

By : 2 47

Filed with 22 219

Approve demands, shall not, when 4 48

At office daily 1 47

Attorney, allowance for snecial '^ ^7

Ballot, arrangement of office on 10b 168

Bonds,

Auditor, amount 2 213

Auditor, approval by Mayor 1 213

Board of Public Works 4 68

Official, approval of 1 213

Official, filed with 1 213

Park employees 4 205

Playground employees 3 210

Redemption of 7 37

Budget estimates 1-2 30

Certificate of, on contracts 10 32

Civil service, employees under except chief deputy 11 199

Claimant to be sworn as to claim 6 48

Common school fund, segregation annually for

salaries 9 126

Contracts,

Endorsement on 10 32

Payments due on 10 32

Counting boards, elections 19 172

Demands,

Action in order of registration 8 48

Allowing , 13 42

Drawn by 6 31

Endorsing 7 48

Form of : 39 14

Not allowable, when 5-6 48

Numbering and recording 4 47

On Treasury, must know every 1 47

On Treasury to be audited by 3 47

Judex

239

AUDITOR (Continued) Subdivision Paee

Deposits of public funds in banks 2 50

Deputies 2 47

Deputy, chief, appointment, etc 2 47

District Attorney, statements 2 60

Election by people 1 47

Election of. at what time 1 164

Election officers 19 172

Endorse "Allowed" on approved demands 7 48

Extra assistants, payment, demands of 12 42

Extra clerks 2 47

Firemen's Relief fund 8 157

Four-year term 38a 225

Head of Finance Department of City 1 47

Interest rate on deposits in banks 2 50

.Joint custodian of public funds 3 52

Licenses to Tax Collector, delivery 5 55

Mileage fees, examining claims 11 41

Number and .record demands 4 48

Office for two years, hold 1 47

Official bonds, approval of 1 213

Outside of City, payments for work 9 49

Park employees' bonds 4 205

Pay rolls, certification by Civil Service Commis- sion 19 202

Playground employees' bonds 3 210

Police Relief and Pension Fund..: 9 147

Police Relief and Pension Fimd report 13 148

Receipts,

Reports on and investigations into 41

Stubs, custody of 5 40

To officers, furnishing blank 5 40

Register of demands, keeping official 8 48

Safe, joint custody 3 52

Salaries,

Auditor's 1 47

Auditor's 13 42

Deductions from for absence 6 48

Demands, allowing 13 42

Demands, approval by Civil Service Com- mission before action by 19 202

School Department,

Funds 9 126

Salary roll 10 127

Shortage in treasury, not responsible for 3 52

Sickness, chief deputy to represent 3 52

Teachers' salaries 9 126

Treasurer's

Monthly report ". 8 41

Receipts 4 53

Treasury,

Must know condition of 1 47

State condition of to whom 1 47

Unexpended balances 10 32

Warrants,

• Forms in which to be drawn 39 14

To be drawn by 6 31

Withholding money to meet contract payments. ... 10 32 AUDITORIUM,

Erection in Civic Center 10 23

Ownership to be vested in municipality 10 23

240

Index

Section or Subdivision Page

AUXILIARY FIRE PROTECTION SYSTEM,

Age limit not applying to employees 6 150

Pension benefits not applying to employees 6 150

AVAILABLE SOURCES OF WATER S^UPPLY 1 186

AVENUES,

Control of Board of Public Works 1 70

Defective, liability, damages 5 2

Grade changes 1 112

Opening, extending, widening, etc 1 100

Repairs to prior to acceptance 16-17 91-93

Subway, tunnel and viaduct construction 1 121

Works of art 10 207

AWARDS,

Bonds, redemption of 7 37

Contracts, change of grade 9 116

Contracts for supplies 1 24

Fire Department contracts 4 152

Franchise, street railway 6 18

Lowest bidder 1 24

Official advertising, contracts 2 25

Public Work contracts 17 73

Street rvipair contract 16 92

AYES AND NOES (See Voting)

B

BADGES, Fire Department 5

BAGGAGE, transportation of 7

BAGS, gold and silver kept in 3

BAIL MONEY 5

BAILIFFS,

Appointed by Sheriff 2

Police Court 14

BALANCES,

Auditor, weekly statements 10

Carrying forward to ensuing fiscal year 5

Contract, unexpended appropriation to meet 10

Street excavation deposits 9

Surplus fund, transfer to 16

Transfers, new charter 37

Unnecessary funds 38

BALLOTS (See Elections) BANKS,

Deposit of public funds in 2

Work outside of city 9

BAS-RELIEFS, approval 10

BATTALION CHIEFS, Fire Department 1

BELT LINE, spur tracks 3

BENEFITS,

Assessment, crossings, etc., not at right angles.... 2

Assessment, opening, etc., of streets 1

Change of grade 3

Opening, etc., of streets 6

Street assessment 11

BEQUESTS,

Art Gallery 6

City and County of San Francisco 1

Museum, articles for 6

Playgrounds , 6

140

9

52

65

62

67

32 36 32 71 34 224 225

50-52

49

207

158

9

78 100 114 102

87

206

2

206

211

I^dex

241

BEQUESTS (Continued) Subdivision Page

Public Library 3-4 133

Public parks 8 207

Public schools 12 127

Steinhart, Ignatz 43a 15

BIDS,

Accepting, power of Supervisors 1 24

Advertising, cost of, bidder to pay 9 116

Affidavit, genuine 16 73

Alterations or erasures therein 1 25

Alterations or erasures therein 16 73

Bidder to make only one bid 16 74

Board of Public Works,

Public work contracts 17 74

Repairs to streets 16 92

Bond sale 10 191

Bonds, redemption of _ 7 37

Certified check accompanying 1 24

Certified check accompanying 16 74

Change of grade 9 116

Collusion,

Affidavit 16 73

By officers 4 27

Penalty 18 75

Competitive, supplies 1 24

Delivery to Clerk of Supervisors 1 25

Failure of bidder to enter into contract 1 24

Failure of contractor 5 27

Fire Department supplies 4 152

Forfeited check 9 116

Franchises, street railways 6 18

Incidental expenses to be paid by contractor 9 116

Lease, school property 11 127

Lowest bidder, award to 1 24

Official advertising 25

Opened before bidders 1 25

Park contracts 4 205

Printed forms 73

Printing 3 26

Public utility bonds 10 191

Public work, advertisement and notice 15 73

Readvertising for 5 27

Rejection of 1 24

Repairs to streets 16 91

Sale of city lands 9 21

School Department supplies 2 128

Separate for certain articles 1 24

Stationery for public offices 3 26

Street cleaning and sprinkling 29 97

Supplies for departments 1 24

BILLS,

Advertising of 13 6

Amendment not to change original purpose 8 5

Failure to pass 12 6

Final passage 12 6

Franchise grants 12 6

Motion to reconsider ;... 12 6

Ordinance, passage by 8 5

Publication of 13 6

BIRTHS, registration by Board of Health 4 161

242 Index

Section or BLOCKS, Subdivision Page

Defined 26 95

Five blocks, each end of tunnel, etc., joint use of

tracks 5 123

New subdivisions 28 96

Quarter block 26 95

Ten blocks, joint use of tracks 27 12

BOARDS,

Board of Appraisement 9 21

Board of Arbitration 7a 37

Board of Education (See Education, Board of) Board of Election Commissioners (See Elections)

Board of Equalization, members of 2 16

Board of Fire Commissioners (See Fire Depart- ment)

Board of Fire Pension Fund Commissioners 1 155

Board of Freeholders 227

Board of Health (See Health Department) Board of Police Commissioners (See Police De- partment) Board of Park Commissioners (See Parks) Board of Playground Commissioners (See Play- grounds)

Board of Police Pension Fund Commissioners 1 144

Board of Public Works (See Public Works, Board

of) Board of Supervisors (See Supervisors)

Bonds, official 2 213

Books,

Compelling production of 24 219

Open to public 13 217

Budget estimates 1 30

City Attorney to advise 2 58

City Planning Commission 42 14

Civil Service Commission (See Civil Service)

Civil Service, employees under and exempt 11 199

Classification of members 23 219

Custody of records 12 217

Demands, approval 13 42

Department of Electricity, joint 1 159

Deposit daily of moneys collected 17 218

Election officers, precincts 18 170

Employees,

Number, how limited 5 216

Removal of employees 21 218-219

Liabilities on Treasury, contracting 9 31

Mayor, supervision by 2 45

Public Library Trustees (See Libraries)

Reports, annual, to Mayor 9 217

Salary demands, approval 13 42

Seals for 23 11

BOATS (See Fire Boats) BONDS,

Additional, may be required of officials 5 214

Appeal 5 65

Assessor, official 2 213

Auditor, official 2 213

Bail 5 65

Bequests, parks, investment 8 207

Bids, redemption of 7 37

Index

243

Tiz-wxTf-wa //-. X- jx Section or

BONDS (Continued) Subdivision Page

Board of Education, official 2 213

Board of Public Works,

Commissioners 2 213

Officers and employees 4 68

Cancellation, unsold bonds 10 191

Change of grade bid 9 116

City Attorney, official 2 213

City buying 2 52

Clerk, Board of Supervisors, official 2 213

Commissioners 2 213

Contractors for public works 15 73

Contracts,

Board of Public Works 21 76

For supplies 1 24

Payments on 10 32

Conversion, coupon to registered bond 10 192

Coroner, official 2 213

Countersigning of 11 192

County Clerk, official 2 213

Coupons on 10-11 192

Denominations 10 190

Deposit of public funds in banks 2 50

Deputies, etc., may be required to give 7 214

District Attorney, official : 2 213

Flection 6-8 189-190

Election Commissioners 2 ?13

Exempt from taxation 10 190

Exposition 29a 221-222

Fire Commissioners 2 213

Fire Department contracts 4 152

Forfeited and prosecuted on 9 116

Form of 10 190

Franchise bid, street railway 6 18

How sold 10 190-192

Indebtedness,

How incurred 29 220

Limit of 9 190

Interest,

Above dollar limit 11 33

Funds for 2 30

Payment 12 193

Rate 10 190

Supervisors to provide 14 34

Liability,

Head of department 6 214

Officers 6 214

Library, Supervisors authorizea to sell below par 10a 192 Limit.

Of indebtedness 9 190

Outside of 291/, 221

Mayor, official 2 213

Officers 1 213

Official,

Amounts of 2 213

Approved, executed, record of 1 213

Bonds 3 17

Conditions in 3 214

Examination by Finance Committee 3 17

Panama-Pacific International Exposition 9 190

•244 Index

BONDS (Continued) Subdivision Page

Panama -Pacific International Exposition 29a 221-222

Par,

For sale under 10a 192

To be sold at not less than 10 191

Parks Department employees 4 205

Payable at treasury 11 193

Playground employees 3 210

Police Commissioners 2 213

Police Court actions 7 64

Preference to smallest subscribers 10 190

Premium on, to be paid by City and County 2 213

Printing contracts 3 26

Proceeds from sale of 10 191

Proceeds from sale of 29 220

Property Clerk, Police Department 2 213

Public Administrator, official 2 213

Public buildings and improvements 29-291/. 220-221

Public Utility,

Acquisition of 4-16 188-193

Earnings paying interest and sinking fund... 1 194

Recorder, official 2 213

Redemption,

Above dollar limit 11 33

Proposals : 7 37

Supervisors to provide for 14 34

Registering of 10 192

Revolving fund 29i/. 221

Sale by Supervisors 10 191

School Directors, official 2 213

SherilT, official 2 213

Signatures of officials : 11 192

Special elections 6-8 189-190

Storekeeper 32 98

Street improvement 29V2 220-221

Street railway franchise, purchase 7a 38

Superintendent of Public Schools, official 2 213

Supervisor, each, official 2 213

Supervisors, majority vote 7a 38

Sureties on, number of, worth of, etc 3-4 214

Surplus fund, liquidation of 3 • 36

Surplus over issue, transfer of 10 191

Tax Collector, official 2 213

Tax for payment of : 12 193

Treasurer,

Liability on official 4 40

Official 2 213

Unsold bonds, sale by Treasurer 10 191

Warrant and Bond Clerk, Police Department 2 213

BONDSMEN, Police Court actions 6 64

BONUS, franchise street railway, purchase by City.... 7a 37 BOOKS,

Accounts, Auditor, charge of 1 47

City Attorney 4 59

Committees, etc., compelling production of 24 219

Contracts, entering 5 27

Custody of records 2 56

Departmental supervision by Mayor 2 45

Finance committee examining 3 16

Index

!>4;

V*. t- ^ . Section or

BOOKS (Continued) Subdivision

Law Books,

Chief of Police 4

City Attorney 4

Open to public 13

Police Commission ordering production of 8

Police Court .' 1

Public Libraries 2

Public utilities owned by City 3

Religious or sectarian 1

Storekeeper " 32

Street railways, experting 6

Superintendent of Schools, purchasing 5

Surrender of by official 3

Text books, school 5

Transfer of, when charter takes effect 12

BOULEVARDS,

Control of Board of Public Works 1

Franchises, street railways, barred 6

Street railroads 25

Supervisors, power to designate 25

BOUNDARIES,

Assessment district 5

City and County of San Francisco 2

BRANCH LIBRARIES, establishing 7

BRIBERY.

Disqualifies for office 15

Prohibited 8

BRIDGES,

Approaches 10

Assessment to meet cost 1-4

Designs, approval of 10

Five blocks approaching each end, joint use of

tracks 5

Levying assessment 2

Purchase or condemn lands 2

Street railway over, operation municipal or pri- vate, singly or jointly 5

Supervisors ordering construction 1

BUDGET,

Auditor's estimate 2

Contents, and action on , 3

Elections, special fund 14

Estimates by departments .*. 1

Filed with Auditor 4

Firemen's Relief Fund 7

Hearing, taxpayers 3

People, vote of, added liabilities 13

Playgrounds /. 10

Police Relief and Pension Fund 7

Signed by officials 4

Supervisors,

Majority vote 3

Making 3

Vote to overcome veto 3

Tax levy to provide for 5

Veto in whole or part by Mayor 3

BUENA VISTA PARK, Jurisdiction, Park Commis- sion —. 1

Page

139

59

217

137

61

133

194

129

98

19

130

214

129

217

70 17 12 12

81

2

134

218 216

208

121-123-

208

123 122 121

123 121

30 30

180 30 31

157

30

33-34

212

146 30

30 30 30 31 30

204

246

Index

BUILDINGS, Subdivision Page

Construction of, supervision 5 71

Department of Electricity, supervision 6 159

Destruction to checl^ conflagration 3 152-153

Electrical wires and appliances 6 159

Encroachments on sidewalks of, prohibited 1 70

Fire limits .•. 5 9

Heat, supervision 6 159

Lighting, supervision 6 159

Moving through streets, permits for 1 70

Panama-Pacific Exposition .'. 37 13

Parks 6 205

Playgrounds 5 211

Public buildings (See Public Buildings)

State building, Civic Center 10 23

State exposition building, Golden Gate Park 9 207

Streets, use of, material for construction 1 70

Unsafe structure, Supervisors, power -.. 6 9

Wooden, restriction within certain limits 5 9

BUREAUS,

Supplies 38 . 14

Weights and Measures 1-3 57

BUSINESS,

Permits by Police Commissioners 9 138

Exemptions from license taxes 15 10

C

CALENDAR,

Arrests 13 66

Police Court 10 66

CALIFORNIA ACADEMY OF SCIENCES,

Bequest, Ignatz Steinhart 43a 15

Museum in Golden Gate Park 12 208

CANALS, water supply, lands for 15 193

CANCELLATION,

Bonds unsold 10 191

Coupons on bonds 10 192

Paid demands ; 6 53

CANDIDATES,

Bribing prohibited 8 216

Civil Service positions, certifying 9 198

Municipal officers 1-12 165-170

Policemen and firemen to abstain from helping.... 32 222

Recall electioi;! 5 183

CANVASS OF RETURNS, municipal elections 1^ 171 l'^^

CAPPING, included under what 26 95

CAPTAINS,

Fire Department 1 153

Of detectives 6 141

Of police 1-2 140

CARRIAGES, hackney, regulation of 7 9

CARRIERS, regulation of 7 9

CARS,

Permits, spur tracks 3 9

Regulation of, in streets 27 12

CAUSE,

Fire Department, only reason for dismissal 7 150

Health Department, no removal without 5 161

Of all fires, investigation 4 154

Removal only for, civil service provision 12 200

Suspensions and removals of officers 18-20 ' 218

^Index

247

Section or Subdivision Page

CELEBRATIONS, appropriations for 18 11

CELLARS, under sidewalks, permits 1 70

CENSUS MARSHALS, school 7 126

CERTIFICATES,

Acceptance of work 22 77

Assessments, completion of 13 105

Auditor, indorsement on contract 10 32

City Engineer, by : 11 72

Civil Service certification 9 198

County Clerk, documents 3 fil

Credits to owners for grading 9 85

Election returns 19 172

False, labor performed or supplies furnished 4 27

Initiative petition 3 177

Xew Charter by Board of Freeholders 227

Paving, railroad tracks 24 95

Pay rolls by Civil Service Commission to Auditor 19 202

Pension, F^re Department 4 155

Pension, Police Department 3 145

Public utilities, acquisition, petition 3 187

Resolution of intention, opening, etc., of streets.... 3 101

Revocation of 3 130

Sale on delinquent assessments 3 106

Sponsors, candidates for office 5-6 166-167

Street assessments 11 72

Street repair, completion 16 92

Teachers' 3 125

Teachers' 1-4 130

CERTIFIED CHECK (See Check)

CESSPOOLS,

Crossing, hearing of objections 4 80

Expense of, assessment 2 83

Included in term "improvement" 26 95

Public Works Board, charge of 2 70

CHANGE,

Assessment roll, change of grade 11 117

Bid for public work 16 74

Fire limits 5 9

Street grades 1-17 112-121

Street improvement applications 2 78

CHARGES,

City Engineer 12 73

Firemen, against 2 151

Hearing by Civil Service Commission 12 200

Official bonds 2 213

Police officer, fair trial 3 142

Street railway ". 27 12

Supervision of officer 19 218

Teachers 2 125

Written charges filed with department 12 200

CHARTER OF CITY AND COUNTY, Amendments (See Amendments)

Approval of by Legislature 226-227

Board of Freeholders 227

Constitutional section providing for 1

Full force and effect, date 1

Publication of : 226

Special election upon 226

Supersedes what laws 227

When, becomes operative 226-227

248 Index

Section or Subdivision Page

CHECK,

Bid for public work, accompanying 16 74

Bond sale 10 191

Certified, accompanying bid 1 24

Change of grade bids 9 116

. Contract, Board of Public Works 21 76

Guarantee of bidder entering into contract 16 92

Repairs to streets, bid - 16 92

Return to bidder .". 17 74-75

CHEMICAL ENGINE COMPANIES, of whom com- posed 1 153

CHIEFS,

Department of Electricity 2 159

Engineer, Fire Department (See Fire Department) Of Police (See Police Department)

CHILDREN,

Attendance at school 4 125

Evening schools, not admitted to 2 124

Indigent school children 1 131

Pension, Fire Department.. , 5 156

Pension, Police Department 4 145

CITATION, initiative petition, signer of 3 176

CITIZENSHIP,

Contracts for City and County 1 25

Essential to employment by City and County 2 215

Fire Department members 6 149

CITY AND COUNTY HOSPITAL (See Health De- partment)

CITY AND COUNTY OF SAN FRANCISCO,

Actions for or against 4 2

Bequests 1 2

Boundaries 2 2

Charter of (See Charter)

Civic Center buildings, ownership 10 23

Damages, defective work, liability 5 2

Investing its money ' 2 52

May receive bequests and gifts 1 1

Municipal corporation, may hold property 1-3 1

Name 1 1

Powers 1 1

Public property and rights of 3 1

Purchase of property delinquent on assessments... 3 106

Rights 3 2

Road track and bed reverting to 6 19

Seal of. in whose custody 7 5

Term defined 1 215

CITY ATTORNEY,

Actions, prosecute or defend 2 58

Advice in writing to departments, etc 2 58

Assistants and clerks 5 59

Ballot, arrangement of office on 10b 168

Board of Education, conduct proceedings for 8 126

Bond, official 2 213

Books, etc., to be delivered to successor 4 59

Civil Service, exemption from 11 199

Contracts for Board of Public Works, drawn by.... 21 76

Delinquent taxes, collection 3 55

Deposit of public funds, approving security for 2 50

Devote entire time to duties of office 1 58

Duties in reference to suits 2 58

Index 24P

CITY ATTORNEY (Continued) s^uMi^sfon Page

Election, qualifications, term, salary 1 58

Election of, at what time 1 164

Four-year term for 38a 225

Franchises forfeited, actions to annul 3 46

Legal advice to offices, boards, etc 2 58

Litigation, when may settle 2 58

Opinions, file of 3 59

Police officer on detail in office of 5 59

Qualifications, assistants 5 59

Residence prior to taking office 1 58

Records to be kept 3 59

Recovery of City's money or property 14 43

Salaries, emplovees 5 59

CITY BOARD OF EXAMINATION, members of, pow- ers and duties 6 130

CITY ENGINEER,

Appointed by Board of Public Works 11 72

Civil Service, exempt from 11 199

Fees of, to be paid into Treasury 12 65

Grading credits 9 85-86

Municipally owned public utilities, work on 8 71

Office held at pleasure of Board of Public Works.. 11 72

Powers and duties 11-12 65

Public Utilities,

Estimate of cost 1 186

Municipally owned, work on 8 71

Salary of 12 72

Serve City exclusively 12 72

Street assessments 11 72

Water works and sources, estimates 1 186

CITY PLANNING, commission, establishment of 42 14

CITY PROPERTY,

Abandoned street 27 96

Bond issue for acquisition 29 220

Civic Center 10 22

Lease of 32 13

Leasing of school property 11 127

Library purposes, authorizing use for 7 134

Mission Creek lands, sale of 9 20

Officials not to be interested in sale or lease 6 216

Public Libraries 4 133

Sale of 9 20

Street work in front of 8 83

Transfer to other departments 31 13

Tunnels, subways and viaducts, lands for 2 122

CIVIC CENTER,

Auditorium, erection of 10 23

Library, land for 10 23

Opera house, erection of 10 23

State building 10 23

Works of art, approval by Park Commissioners 10 207

CIVIL SERVICE,

Abolishing or amending classifications 2 196

Abolishing position, notice to Commission 13 201

Actions, Commission may prosecute, for violation 20 203 Additional deputies and employees to those in

Chaiter, procedure for employing 35 223

Appeal against removal 12 200

Appointee not to have salary above his grade 2 196

250

Index

CIVIL SERVICE (Continued) Subdivision Page

Appointments,

Emergency, limited to 60 days 10 198

Must be made from persons certified 10 198

Notice to Commission 13 201

Notice to Commission 22 219

Sex to be disregarded, when 9 198

To be in writing in duplicate 22 219

Void unless in accordance with Civil S'ervice

provisions 11 200

Appropriations for 1 195

Army, eligibles mustered into, resume position 21 203

Board of Health, all appointees 5 161

Certification of appointment, procedure 9 198

Changes in position 13 201

Charges against employee, filed by whom 12 200

Citizenship required of all appointees except

experts, etc 2 215

Classification of positions according to duties 2 195-196

Classified Service,

Employees, time of Charter amendment in- cluded in without examination 11 199

Promotions in 8 198

Commissioners,

Act as examiners 5 197

Annual report of .: 15 201

Appointment, oath, removal, term, salary,

qualifications 1 195

Compensation in consideration of appointment

prohibited 7 216

Competitive examination 4 196

Consolidating classification 2 196

Creating position, notifying Commission 13 201

Demands for salaries must be approved by Com- .

mission 19 202

Department of Electricity 3 159

Departments governed by 11 199

Deputies, clerks and employees exempt from 11 199

Disabled employee, transfer to position with

lower salary 1^2 197

Discourteous treatment of public 12 201

Dismissal,

Appeal against 12 200

During probation 10 198

Disqualification,

Acceptance of gift from subordinate 8 216

Bribery, malfeasance, embezzlement, etc 15 218

Election returns, counting boards 19 171

Elections department 4 164

Eligible Register,

Military service, reinstatement on 21 203

Placing on and classification 7 197

Three names highest on to be certified 9 198

Emergency appointments limited to sixty days 10 198-199

Employees,

Actual service required 33 223

Of Commission, salaries, etc 17 202

Under Civil Service rules 11 199

Index 251

CIV'IL SERVICE (Continued) SuMhTsi^nn Page Examinations,

Boards, appointments, duties 5 196

Control vested in Commission 5 196

Laborers, priority of application 5 197

Mechanics, rating on experience 5 197

Notice of time, place and scope to be pub- lished 6 197

Practical in character..: 4 196

Public, competitive and free 4 196

Waived, present employees. Charter amend- ment 11 199

Examiner, chief, appointment, duties, salary 16 201

Examiners,

Designating 5 196

Exempt from Civil Service '11 199

Special, compensation of 17 202

Exempt from, positions 11 199

Expenses, office rooms, etc 17 202

Experts and others, exempt from citizenship and

residence requirements 2 215

Fees not allowed 34 223

Fire Department 1 151

Fraud,

Not to be permitted in examinations 18 202

Removal from register for 9 198

Geary street railway employees preferred for ap- pointment 11 200

Gift,

For position debars from office.... 7 216

To public officers prohibited 8 216

Grading and regrading positions according to sal- aries and duties 2 195

Grounds for removal 12 200

Health Department, all appointees 5 161

Increases in salaries 2 196

Investigation of public service by Commission 14 201

laborers, priority of registration of application... 5 197

Liability of officers for illegal payments 11 217

Mechanical trades, applicants, how rated 5 197

Names of candidates stricken from register, whom 10 198

Navy, service in, reinstatement 21 203

New positions, designation and title 2 196

Notice,

Of appointments, transfers, etc 13 201

Of time, etc.. for examinations 6 197

Of position to be filled 9-10 198

Oaths, all officers have power to administer 24 219

One year's service qualifies without examination,

when 11^ 199

Outside city, persons employed, exempt 11 199

Overtime pay not to be allowed for more time

than actually served 33 223

Pay rolls must be certified by Commission 19 202

Police Department 1 144

Positions, how filled 9 198

Preference for, what employees lib 200

Probation of candidates for appointment 10 198

252 Index

CIVIL SERVICE (Continued) Subd!??sL Page

Promotions,

Basis of 8 198

Not exceeding three names to be certified 8 198

Notice to Commission 13 201

Ratings govern salary increases 2 196

Vacancies in classified service to be filled by 8 198

Public examination 4 196

Public utility employees to be retained 11 200

Purposes of, not to be defeated 18 202

Qualifications,

Appointees to Fire Department 6 149-150

Appointees to Police Department 3 135

To hold office or position, general IV2-2 215

Registers of eligibles, names may be .removed

from at end of two years 10 198

Registration of successful applicants in examina- tion 7 197

Removal,

For cause only, procedure 12 200

From eligible register for fraud, etc 9 198

Grounds for, incompetence, intemperance,

etc 12 200

Provisions not to. apply to public utility em- ployees 12 201

Report, annual to Supervisors 15 201

Residence required, except experts, etc 2 215

Resignations, notice to Commission 13 201

Rules, adopt and print for distribution 3 196

Salaries,

Actual service only 33 223

Commissioners 1 195

Commission's permanent assistants 17 202

Demands, verification 19 202

Increases are dependent upon promotion rat- ings 2 196

In full compensation for all services 34 223

Like salaries for like duties 2 195

Lost during suspension period 12 201

Sealer, weights and measures 2 57

Secretary of Commission, appointment, duties,

salary : 16 201

S'ex,

Does not limit right to hold office 1^4 215

To be disregarded in certificate for appoint- ment, when 9 198

Special examiners, pay of 17 202

Suspension,

Notice to Commission 13 201

Of subordinates for discipline 12 200

Temporary Appointments,

For six.ty days 10 199

Notice to Commission 13 201

Transfer,

Notice to Commission 13 201

Of disabled employee to position having

smaller compensation 714 197

Treasurer not to pay salary unless approved by

Commission 13 202

Trials by Commissiou ,..,.,, ....--—. 12 201

Index

253

Section or CIVIL SKRVICE (Continued) Subdivision Page

Two salaried positions cannot be held 4 215-216

Vacancies,

Notice to Commission — 13 201

To be filled by promotion 8 198

Verification of pay rolls by Commission 19 202

Violations of civil service provisions, prosecution 20 203

Weights and Measures Department 2 57

CLAIMS,

Auditor to require oath 6 48

Damage, change of grade 2 114

Damages, for, when to be presented 8 20

Funds available against 9 31

Materialmen, bill not paid 7 28

Pension, Fire Department 5 156

Pension, police member's family 4 145-146

Presentation for payment 1 43

Revival of 1 44

Treasurer only officer to pay 1 39

Waiver of by failure to petition 2 114

CLASSIFICATION,

Civil Service 2 195-196

Members of boards and commissions 23 219

CLEANING,

Public buildings 4 71

Streets,

Board of Public Works, special charge of 29 97

Contracts 29 97

Corporation store yard 32 98

Districts 29 97

Labor and materials 29 97

Supervisors to regulate appliances 13 10

CLERK, BOARD OF SUPERVISORS (See Super- visors) CLERKS (See Employees)

CLOSING OF STREETS 1-20 100-110

COBBLE STONES 32 98

COLLECTIONS,

Advertising, cost of 14 105

Check, street repair bid 16 92

County Clerk 1 67

Delinquent assessments 14 105

Delinquent taxes 2-3 55

Failure to account for 14 43

Law library 1 67

Licenses 2 54

Street assessments 8 107

Treasury,

Daily deposit in 17 218

Payment into 1 39

Taxes - _ 2 54

Tolls for wharfage * 2 112

Tunnel, subway a^nd viaduct assessments 2 122

COLLUSION,

Bids for public work 16 73

Civil service examination, prohibited 18 202

Penalty for 18 75

With bidders on contracts 4 27

254 Index

Section or

Subdivision Page

COMBINING PROCEEDINGS 6 123

COMBUSTIBLE MATERIAL, enforcement of laws.... 4 154

COMMEMORATION WORKS, approval 10 , 207

COMMENCEMENT,

Of work, contract specifying 21 76

Repairs to streets 16 92

Street assessment suit 15 90

COMMISSARY, Fire Department corporation yard.... 9 150

COMMISSIONS,

Abstain from taking part in politics 32 222

City Planning 42 14

Civil Service under and exempt 11 199

Classification of members 23 219

Custody of records 12 217

Deposit daily of moneys collected 17 218

Official bonds - 2 213

Reports, annual to Mayor '. 9 217

(See Boards)

COMMITTEES,

Compelling production of books, etc 24 219

Finance . Committee 3 16

COMMON SCHOOL FUND,

Approval of demands 13 42

Balance to ensuing fiscal year 5 36

Demands,

How paid 10 127

Approval by Board of Education 13 42

Emergency, additional funds 3 131

Money from bequests or sales of property 12 127

Money from leases 11 127

Outside dollar limit 13 33

Regulations for disbursement of 9 126

Repairs of school houses paid out of 2 132

Surplus in not to go to surplus fund 16 34

Tax levy 2 131

Teachers' salaries to be paid from 9 126

Transfers of money to 3 131

COMMON USE OF TRACKS 27-28 12

COMPANIES, Fire Department 1 153

COMPENSATION (See Claims, Fees, Salaries)

COMPETITION,

Bidders combining to prevent , 5 27

Bids for supplies 1 24

Civil Service examinations '. 4 196

Park contracts 4 205

Promotion examinations 8 198

Street cleaning and sprinkling 29 97

COMPLAINTS,

City Attorney 2 58

Condemnation, opening, etc., of streets 16 108

District Attorney 2 60

Liquor permits 3 137

Police Court 3 64

Revoke permits. Police Commission 9 138

Warrant and Bond Clerk 5 65

Index

255

Section or Subdivision Page

COMPLETION.

Contract affidavit 6 82

Contract specifying 21 76

Progressive payments on contracts before 21 77

Public utility enterprise 14 193

Repairs to streets 16 92

School houses 1 132

Unimproved portion of street 8 85

COMPROMISE, litigation by City Attorney 2 58

CONDEMNATION,

Easement 16 108

Error not affecting validity 9 103

Excess land over actual requirements 10 22

Lands, combining proceedings 6 123

Precedence in court 16 108

Property for public use 12 10

Private property for street improvement 1 100

Public utilities by City 1-16 186-194

Sewers, lands for 9 111

Stay of proceedings, order of court 16 109

Streets, lands for opening, etc 1-19 100-109

Subway, tunnel and viaduct construction, lands

for . 2 121

Unsafe structures 6 9

Water supply, lands for 15 193

CONDITIONAL ACCEPTANCE OF STREETS 23 94

CONDUITS.

Board of Public Works, control of 7 64

Franchise, no exclusive for laying 5 17

CONFLAGRATION,

Destruction of buildings to check 3 153

Material or apparatus for 9 150

CONFLICTING TITLES 9 103

CONNECTIONS, fire and police alarm system 5 159

CONSOLIDATION.

Civil Service classifications 2 196

Schools : 1 125

CONSTITUTION OF CALIFORNIA,

Charter amendments 22 8

CONSTRUCTION.

Board of Public Works,

Control over , 1 70

Supervision, public buildings 6 71

Bridges 1 121

Building, supervision 5 71

Drains 1-8 110-111

Fire alarm system 1 159

Fire Department buildings, supervision 6 71

Harbors 1 112

Interest during 7a 37

Library buildings 6 134

Municipal public utilities, control of 8 71

Parks, structures in 6 20^^

Police telegraph and telephone system 1 159

Public Buildings,

Bonds for 29 220

Supervision 6 71

Public libraries 2 133

Public utilities 1 186

256

Index

Section or

CONSTRUCTION (Continued) Subdivision Page

Railroad tracks ..— 1 70

School Houses,

Emergency 3 131

Supervision 6 71

Sewers 1-8 110-111

Street railway commencement 6 19

Subways, tunnels, viaducts 1 121

Water works and sources, estimates 1 186

Wharves 1 112

CONTEMPT,

Police Commission 8 137

Police Court 3 64

Warrant and Bond Clerk 6 65

CONTINGENT EXPENSES (See Incidental Ex- penses)

CONTINGENT FUND, Mayor 35 13

CONTINUANCE,

Police Court cases 6 64

Positions, former employees of a public utility.— lib 200

Proceedings by Board of Public Works 4 80

Street opening proceedings 5 102

CONTINUOUS OPERATION, franchise provision 6 19

CONTRACTOR,

Bond to be filed by.—-. 7 28

Failure, carrying out of private contract, street

work 19-20 75

Failure on contract 5 27

Failure to pay bills 7 28

Street assessment, demanding payment 13 88

Suing owner, necessary street assessment 15 90

Warrants, street assessments 12 88

CONTRACTS,

Acceptance of work 22 77

Accepting bid, power of Supervisors 1 24

Advertising, cost, bidder to pay 9 116

Auditor, indorsement on 10 32

Awarding of 1 24

Bidder failing or refusing to enter into 16 92

Bids,

Rejected and proposals readvertised 5 27

To be opened before bidders 1 25

Board of Public Works,

Record and copies of 6 69

Work under direction and to satisfaction of.. 22 77 Bond,

Board of Public Works 21 76

Of contractor 7 28

Change of grade 9 116

Citizenship of person performing labor 1 25

City Attorney to draw 21 76

Commencement of work, specifying 21 76

Completion of work, specifying 21 76

Contents, what : 21 76

Copies of, disposition 21 76

Countersigned by Clerk of Supervisors 5 27

Day labor, Board of Public Works, option of 9 72

Deposits to be made with bids 1 24

Eight-hour day 1 25

Excavation of streets 9 72

Index 257

CONTRACTS (Continued) i^^^^i^ Page

Exceeding $250, subject to restrictions 10 32

Executed in name of City 5 27

Extensions of time 21 76

Failure of contractor 5 27

Fire Department, provisions governing 4 152

Funds available against 9 31

Hours of labor, maximum 1 25

Incidental expenses to be paid by contractor 9 116

Lighting streets and public buildings 6 27

Lowest bidder, award to 1 24

Materialmen, claim of 7 28

Materials, street work 31 98

Mayor, supervision of 3 46

Minimum wage 1 25

Municipally owned public utilities, work on 8 71

Official advertising 2 25

Officials not to be interested in 6 216

Parks, provisions governing 4 205

Patented pavement 26 96

Penalty for aiding bidders 4 27

Printing 3 26

Prisoners, supplies for . 1 24

Private contracts, street improvements 19 75

Progressive payments on 21 77

Property owners, street work 19 75

Public utilities, municipally owned, work on 8 71

Public work 14-22 73-77

Railroad tracks, paving 24 95

Readvertising for bids 5 27

Registering 9 31

Rejecting bid, power of Supervisors 1 24

Repairs to streets 16 91

Repaving, regrading, sewering, etc., change of

grade 9 116

Residence in city _ 1 25

School supplies „ 2 128

Signatures, Board of Public Works 21 76

Stationery 3 26

Storekeeper 32 98

Street,

Cleaning and sprinkling 29 97

Excavations 9 71

Repairs 16 91

Urgent repairs 30 97

Work, property owners 19 75

Sub-contractor, failure of 7 28

Supplies for departments 1 24

Triplicate, in 21 76

Under five hundred dollars without advertising... 14 73 Unfinished portion private street contract, relet- ting 20 75

Violation of, report 3 46

Withholding money to meet payments 10 32

Writing, to be in 5 27

CONVEYANCE,

Lands, by Supervisors 29 12

^ale of City lands 9 22

Signature, Clerk of Board of Supervisors 7 5

258

Index

Section or Subdivision Page

COPIES, COPYING,

Contracts, Board of Public Works 21 7G

County Clerk's office, charges for 3 61

Public records, price of, etc 13 217

Records, Board of Public Works 21 94

COPYISTS,

County Clerk 2 61

Recorder, compensation 1 56

CORONER,

Appointments . by 2 56

Ballots, arrangement of office on 10b 168

Civil Service, employees under and those exempt 11 199

Deputies, assistants and salaries 2 56

District Attorney to advise 2 60

Duties as prescribed by law 1 55

Election, qualifications, term, salary 1 55

Election of, at what time 1 164

Four-year term for 38a 225

Interpreters at examinations 1 58

Morgue, to have management of 1 55

Official bond 2 213

CORPORALS OF POLICE 1-5 140-141

CORPORATION STORE, YARD,

Age limit not applying to Fire Department em- ployees 6 150

Fire Department 9 150

Pension benefits not applying to employees 6 150

CORPORATIONS,

Finance Committee examining books, etc 4 17

Opening streets, deposits 9 71

Percentage of gross receipts, payment to City 4 17

CORPSES, disposition of 3 160

COST,

Advertising, collection 14 105

Change of grade 3 114

Franchise, street railway 7a 37

Public utility construction 1 186

School houses 2 132

Street assessment action 15 90

Streets, opening, extending, etc 1 100

Subway, tunnel and viaduct construction 2 122

Water works and sources 1 186

COUNSEL,

Auditor's 2 47

City Attorney 1 58

District Attorney 1 59

COUNTING OF BALLOTS 19-21 171-174

COUNTY CLERK,

Auditor's bond filed with 1 213

Ballot, arrangement of office on 10b 168

Civil service employees under with one exception 11 199

Clerk of Police Court 10 66

Copies of documents 3 61

Copyists 2 61

Court moneys for special deposit fund 4 36

Deputies, assistants, clerks and their salaries 2 61

Election, term, salary, powers and duties 1 * 61

Election of, at what time 1 164

Fees for copying and certifying 3 61

Index

259

COUNTY CLERK (Continued) SubdiJfsro'n Page

Four-year term for 38a 225

Law library, moneys collected under act 1 67

Official bond 2 213

Police Court Clerk appointed by 2 61

Records, Police Court actions 10 66

COUNTY JAIL,

Jailers, guards, etc., appointment and salaries 2 62

Supervisors to maintain 11 10

COUPONS,

Cancellation of 10 192

Numbering and signing 11 192

Payable at Treasury 11 193

COURTS,

Bailiffs, appointment _ 2 62

Clerks, appointment of 2 61

Condemnation cases having precedence 16 108

Interpreters, compensation 20 11

Interpreters for 1 58

Justices' 1 62

Moneys paid into 4 36

Orders, condemnation suits 16 108-109

Order to produce property as evidence 4 144

Police Court 1 63

Reporters, compensation 2 58

Stationery and printing 3 26

Stay of proceedings 16 109

Superior Court 1 58

CREDITS, grading 9 86

CRIME, fires as result of 4 154

CROSSINGS,

Alley crossing main street, assessment 5 84

Grades 26 95

Hearing objections 4 80

Included in term "street" 26 95

Main street crossings, assessment 3 84

CRUELTY TO ANIMALS, prevention 19 11

CULVERTS,

Hearing of objections 4 80

Included under what 26 95

CURBS,

Bids and contracts, change of grade 9 116

Crossing, hearing of objections 4 80

Included in term "improvement" * 26 95

CURRENT, control over 6 159

CUSTODY,

Accounts 1 47

Animals running at large 8 10

Bail bonds 5 65

Ballots _ : 19 171

Board of Public Works, street, etc., records 8 69

Election returns 19 172

Financial affairs 1 47

.loint custody safe 3 52

Lost, stolen or unclaimed property » 1 143

Moneys in treasury 3 52

Ordinances _ 17 7

Police Commission records 2 138

Property Clerk, certain property 1 143

Public moneys 39

260

Index

CUSTODY (Continued) Sub"div"sul^n

Receipt stubs 5

Records 7

Records by Recorder 2

Seal 7

Storekeeper 32

D

DAILY,

Auditor, attendance at office 1

Fees, payments into treasury 4

Street work notices, etc., published 26

Treasurer to take account of money on hand 2

DAMAGES,

Change of grade 3

City and County, liability, defective work 5

Claims, when to be presented 8

Opening, etc., of streets 6

Order of Court to pay judgment 16

S'ewer construction 7

Streets, opening, etc 7-8

Subway, tunnel and viaduct construction 2

Waiver of claim 2

DATA, public improvements 10

DAY LABOR,

Excavations in streets 9

Parks, work in 4

Street cleaning and sprinkling 29

Urgent repairs to streets under $500 30

DAY OP REST 2

DEAD, disposition of 3

DEATHS,

Board of Health provide registration of 4

Firemen, pension to family 5

Pension ceasing at 2

Policemen in discharge of duties 4

DEBTS,

Auditor, supervision over 1

Deduction from demands .— . 6

Funded (See Sinking Fund, Bonds)

Limit of indebtedness 9

DECISIONS,

Board of Public Works 4

Civil Service Commission, charges 12

Pension, Fire Commissioners 5

Supervisors 5

DECLARATION OF CANDIDACY, Officers, munici- pal elections 5

DEDICATION,

Approval and recording of subdivision maps 28

Streets 1

Streets 26

DEDUCTIONS,

Absence from office, from salary 6

Affidavit by contractor 6

Assessment, from rent 20

Debits from demands 6

DEEDS, delinquent assessments 12

DEFALCATION,

Finance Committee reporting to Mayor 4

Suspensions from office for 2

Page

40 5

56 5

98

47 40 96 49

114 2

20 102 108 111 103 122 114

72

72

205

97

97

158

160

161 156 144 145

47

48

190

80 200 156 102

165

96-97 77 95

48 82 93 48 118

17 45

Judex

261

DEFAULT (See Failure) DEFECTIVE.

Declaration of candidacy

Sidewalks, etc.. liability, damage

Street assessment proceedings

Titles, lands for opening streets

DEFENDANTS, rights, Police Court

DEFICIENCY,

Change of grade fund

Street assessment fund

DELINQUENT,

Assessment, opening, etc.. of streets

Tunnel, subway and viaduct assessments

DELINQUENT TAXES,

Advertising of list

City Attorney to bring action

Collection by Tax Collector

When

When collected, how can be used

DEMANDS,

Allowance by Auditor 7

Appropriation, unexhausted specific, to be drawn

only on 6-7

Approval,

By Board of Education 10

, By departments and officers 13

By Mayor 19

By proper board before Auditor 5

By Supervisors 19

Penalty for illegal 11

Auditor.

Must know every 1

Own monthly salary 13

Recording, etc 4

To approve and audit all 3

Authority for, to be shown 13

Barred, when 1

Cancellation of paid ones 6

Common school fund 10

Deductions from 6

Delinquent revenue, payment out of 6

Disputed, adjudicated 16

Election officers 19

Exceeding $500, resolutions to be published five

days 19

Exceeding $200. to be approved by Mayor 19

Extra assistants 12

Finance Committee ' 3

Firemen's Relief fund 8

Form of 39

Fund, specific, to be shown 13

Illegal, approval of, penalty 11

Income for current fiscal year only, to be paid

out of 13

Indebtedness to city to be deducted from 6

Itemization of 5

Lighting public buildings 6

Mileage fees 11

Money to be drawn only by 6

No invalid, to be paid ,...,...„..,..,....,...,..,..., 13

Section or
Subdivision	Page
5	165
5	2
12	88
19	109
3	64
15	119
16	109
14	105
2	122
2	26
3	55
2	55
17	35
6	36

48

31

127 42

7

48

7

217

47 42 47 47 42 43 53

127 48 36 34

172

7

7

42

16

157

14

42

217

43 48 53 28 41 31 34

262

Index

DEMANDS (Continued) Subdivision

Numbering by Auditor 4

One-twelfth limit on 9

Ordinance authorizing, etc., to be cited on 13

Outside of city, work 9

Payment of street assessment 13

Police relief and pension fund 7

Presentation for payment within one month 1

Presented to Auditor 7

Priority over another not allowed 8

Register of, kept by Auditor 8

Registration, to be acted upon in order of 9

Revival of, when 1

Salaries,

Approval 13

Payable monthly 1

Verification by Civil Service Commission 19

School funds 9

Specific, must be 7

Street work, by contractors 12

To show what, before Auditor allows 4

Transfer from one fund to another not lawful 1

Treasurer,

Only officer to pay 1

Requisites for payment 5

To make payments only by , 2

Unauthorized 5

Unpaid,

Payment of (»

Register 6

DEMURRERS,

Police Court 4

Police Court appeals 9

DENIAL, initiative petition, signature 3

DENOMINATIONS', public utility bonds 10

DEPARTMENTS,

Increase through people. Legislature, etc 13

Records, keeping of 41

Stationery for 3

Supplies 38

Supplies, contracts for 1

Uniform system of accounting 40

(S'ee also Boards and Heads of Departments)

DEPOSIT,

Bond sale '. 10

County Clerk 4

Daily in Treasury, collections by departments 18

Interest rate 2

Ordinances and resolutions with clerk of S'uper-

visors 17

Property Clerk, money and valuables 5

Public Administrator 4

Public moneys in banks 2

Sale of City lands 9

Special deposit fund 4

DEPOSITS OF PUBLIC FUNDS,

Action to recover 2

Bank returning at any time 2

Bank to furnish receipt showing 2

By Treasurer, with written consent 2

47 31 42 49 89 146 43 48 49 48 31 44

42 43 202 126 48 88 48 35

39 53 49 53

36 53

64

66

176

190

33 14 26 14 24 14

191 36

218 50

7

144

36

50-52

22

36

51 51 50 50

Index 2G3

DEPOSIT OF PUBLIC FUNDS (Continn(*d)

In any bank not to exceed fifty percent of capital stock

Interest on into general fund

Interest rate

Not to exceed face value of security

Receipts for to be counted as cash

Record by Treasurer

Sale of security by Treasurer

Security for

Withdrawal of

DEPUTIES (See Employees)

DESIGNS, approval of

DESTRUCTION,

Animals running at large

Buildings to check conflagration

Unclaimed property

Weapons, by Property Clerk

DETECTIVES, Police Department

DETENTION,

Houses of. establishment .....

Witnesses and insane persons, places for

DIRECTORS, school

DISABILITY,

Civil Service provision

Foremen

Mayor

Pension claim

Pension. Fire Department

Salary during

DISAPPROVAL (See Objections) DISBURSEMENTS (See Expenditures) DISCHARGE (See also Dismissal)

Military service

Police Court defendants

Warrant, street assessment

DISCOURTEOUS TREATMENT OF PUBLIC

DISCRETION,

Abuse of by Commissioners

FMre Commissioners

Police Commission

Supervisors, change of grade

Supervisors, tunnel, etc., construction

DISMISSAL,

Appeal to Civil Service Commission

By appointing officer on charges

Civil Service Commission, consent of

Civil Service provision

Fair trial before

Firemen, not without cause

Grounds for

Health Department, not without cause

Litigation by City Attorney

Police Commission, powers

Police Court

Police Department

Soliciting judge to dismiss case

Teachers

DISQUALIFIED,

Official, when

Employee, how

Section or
Subdivision	Page
2	51
2	50
2	50
2	50
2	51
2	51
2	51
2	50
2	51
10	208
8	10
3 153-154
5	137
3	143
6	141
11	10
10	10
1	124
IVi	197
3	152
6	46
3	145
4	155
3	152
21	203
8	66
13	89
12	201
5	156
5	156
4-5	141
16	119
2-4	122
12	200
12	200
10	198
12	200
3	142
2	151
12	201
5	161
2	58
1	136
1	64
3	142
3	64
2	125
6-8	216
15	218

264

indeoi)

Section or

Subdivision Page

DISRATEMENT, police member 3 142

DISSIPATED,

Forfeit right to police pension 5 146

Forfeiture of pension, Fire Department 6 156-157

DISTRICT ATTORNEY,

Advice to certain officers 2 60

Appeals, Police Court 9 66

Assistants and clerks 3 60

Ballot, arrangement of office on 10b 168

Board of Health, opinions to 2 60

Civil service, exemption from 11 199

Complaints and warrants, making out 4 65

Coroner, opinions to 2 60

Duties of 2 60

Election, qualifications, term, salary 1 59

Election of, at what time 1 164

Fires as result of crime 4 154

Four-year term for 38a 225

Official bond 2 213

Police Commission and Chief, opinions to 2 60

Police Courts, assistants as prosecuting attorney 3 60

Police Court, conduct cases in 2 60

Powers of •. 2 60

Property levied upon for fines, purchase of 4 60

Qualifications, assistants 3 60

Receipts for money, etc 2 60

Salaries of staff 3 60

Superior Court, assistants to prosecute in 3 60

Warrant and Bond Clerk, appointment of 5 65

DISTRICTS,

Assessment (See Assessment Districts)

Street cleaning and sprinkling 29 97

DITCHES, water supply, lands for 15 193

DIVIDEND, surplus, street assessment 18 109

DOCKAGE TOLLS 2 112

DOCUMENTS,

Committees, etc., compelling production 24 219

Custody of 7 5

Recording 2 56

Surrender of by officials 3 214

DOG LICENSES, police pension fund 11 147

DOLLAR LIMIT, tax levy 11 33

DONATIONS (See Gifts)

DRAFTED EMPLOYEES, reinstatement 21 203

DRAINS,

Board of Public Works, charge of 2 110

Board of Public Works devising general pystem.. 1 110

Construction, Board of Public Works regulating.... 1-2 70

Connections, permits 4 110

Crossing, hearing of objections 4 80

Expense of, assessment 8 83

Included in term "improvement" 26 95

Ordinances 110-111

Rules and regulations 3 110

DRAYMEN, Fire Department 1 153

DRIVERS,

Fire Department - 1 153

Police patrol iy2 142

^Index

265

DRUNKENNESS,

Forfeit right to police pensions

Forfeituie of pension, Fire Department

Ground for removal

Ward. City and County Hospital

DUTIES,

Auditor

Board of Health

Board of Public Works

Bond, official, condition in

Captains of police

Chief Engineer, Fire Department

Chief of Police

City Engineer

Civil service classification

Civil Service Commission, chief examiner and secretary

Clerk, Board of Supervisors

Coroner

Corporals of police

County Clerk

District Attorney

Finance Committee

Fire Commissioners

Fire Marshal

Injury in discharge of

Library employees _

Lieutenants of police

Mayor

Opening, etc., of streets

Public Administrator

Recorder

Registrar of Voters

Sergeants of police

Sheriff

Sheriff's deputies

Storekeeper

S'uperintendent of Schools

Supervisors to enact in compliance with initiative election

Tax Collector

Treasurer

Warrant and Bond Clerk

Weights and Measures Department

Section or
Subdivision Page
5	146
6	156-157
12	201
8	161
1	47
3	160
7	69
3	214
2	140-141
2	152
1-7	139-140
11	72
2	195
16	201-202
7	5
1	55
5	141
1	61
2	60
3	16
8	150
2-4	154
4	155
3	134
3	141
2	45
6	102
1	61
2	56
o	164
4	141
1	62
3	62
32	98
1-6	129-130
' 13	180
2	54
2	49
5	65
1	57

E

EARNINGS (See also Revenue)

Public utility 16 193-194

Public utilities, municipal 12 33

EASEMENT,

Condemning 16 108

Tunnel construction 2 121

EDUCATION, BOARD OF,

Acceptance of school houses 1 132

Actions at law 8 126

Approval of demands on school funds 10 127

Attendance at schools, compelling 4 125

Bequests 12 127

266 Index

EDUCATION, BOARD OF (Continued) s^ubdi^rsrjn Page

Buildings, construction and repair 1-2 131-132

Census marshals, appointment of 7 126

Charges against teachers 2 125

Charges, investigating 5 125

Class rooms, number of 1 131

Common School Fund (See Common School Fund)

Composed of four school directors 1 124

Demands, filing and signing 10 127

Designs, approval of 10 208

Directors,

Age, qualifications, term, salary 1 124

Appointed by Mayor 1 124

Entire time to duties ..— 1 124

Official bond 2 213

Politics 1 124

Disbursement of school money 9 126

Establish and change schools i 125

Extra expenditures, incurred when 3 122

Hold and lease land for school purposes 6 125

In charge of School Department 1 125

Lots, leasing of 11 127

Lots, purchase of 3 132

Meetings .• 3 12'4

Outside lands school lots, value of 11 23

Personal property 6 125

Powers in addition to general laws 1 125-127

President 2 124

Report, Superintendent of Schools 2 129

Report, yearly to Supervisors 3 128

Rules and regulations 4 125

Salaries,

Prompt payment of 9 126

Roll 10 127

Schedule each year 4 128

School houses, requisition on Board of Public

Works 1 131

Secretary, salary 2 124

Superintendent of Schools a member of 1 128

Supplies, proposals for 2 128

Teachers' certificates 3 125

Teachers, control over 2 125

Truancy, remedying 4 125

Trust funds 12 127

Voting 3 124

EIGHT-HOUR DAY,

Contracts for City and County 1 25

Laborers 24 11

Public officers 14 217

Street railway franchise 7 138-139

EIGHTEENTH STREET, sale of lands 9 20

ELECTIONS, ELECTIONS DEPARTMENT,

Acquisition of public utilities 4 187

Appropriations, special 14 180

Assembly districts, rotation 11 169

Assessor 1 53

Ballots,

Alphabetical order of names ' 11 169

Arrangement of offices on 10a 168

Charter amendments, space for 13 170

Choice, first, second, third 10a 168

Jndex 267

ELECTIONS, ELECTIONS DEPARTMENT (Cont'd) sSmsuIh Page

Counting of 19 171-172

Every nominee on 10c 169

Form of 16 170

Heading on 10a 168

Identical in size, quality, tint, type and ink

color 13 170

Initiative petition 6 178

Instructions to voters 10a 168

Municipal elections 10a 18S

Names of candidates in same size type and

style 13 170

No party designation to appear on 15 170

Printing of 10 168

Rotation of candidates' names 11 169

Sample ballots 17 170

Spaces to be provided 12 169

What shall contain 10 168

Writing choice in 10a 168

Boards of election officers, precinct 18 170

Bonds,

Election not to take precedence of initiative

election 11 180

Public improvements 29 220

Public utilities 5-15 188-193

Street improvement 291/. 221

Street railway purchase 7a 38

Budget appropriation 14 180

Candidates for Office,

Additional, space on ballot 12b 170

Conditions 4 165

Declaration of candidacy 5 165

Fees to be paid by 5b 166

Nomination, method of 5 165

Rotation of names 11 169

Sponsors for 5 166

Statements of : 8 167

Time of filing declaration 5 165

Withdrawal of 10c 169

Canvass of returns 19 171-173

Charter amendments 1

Charter amendments 22 7-8

Charter amendments 12 180

Charter, new 226

City Attorney 1 58

Civil Service provisions governing 4 164

Commissioners,

Abstain from political acts 2 163

Action, amendments by petition 22 8

Appointment by Mayor 1 163

Control and management of elections 1 163

Demands, election officers 19 172

Five members to constitute board 1 163

Majority vote 4 164

Meeting at call of Registrar 3 177

Official bonds 2 213

Politics governing appointments 1 163

President of Board 3 164

Qualifications, term, salary, classification of.... 1 163

Secretary of Board 3 164

268 Index

ELECTIONS, ELECTIONS DEPARTMENT (Cont'd) s^uMivLuIn Page

Coroner 1 55

Counting of ballots 19 171-174

County Clerk i 61

District Attorney 1 59

Employees,

Duties, compensation, etc 4 164

To be under Civil Service 4 164

"Entire vote" 25 174

Expenditures, one-twelfth limit on, exempted 9 32

Failure of persons elected to qualify 22 174

Fees,

Candidates' declaration 5b 166

Candidates' statement 8 167

Fire Department to abstain from any acts in con- nection with : 32 222-223

Franchise 3 46

Fund, special 14 180

General laws of State governing 5 164

Increase in salaries 4 164

Informalities not invalidating 22 174

Initiative (See Initiative)

Instructions to voters 10a 168

Judges, Police Court 1 63

Laws governing .'. 4 164

Library employees 3 134

Machines, voting 14 170

Majorities, first, second, third choices 19 173

Majority vote defined 21 173-174

Management and control of elections 1 163

Mayor 1 45

Municipal,

Provisions governing 1-25 164-174

What officers elected at 1 164

When to be held 1 164

Officers 38a 225

Officers elected under Charter, take office 2 165

Pamphlets, official 8 167

Petition, initiative of the people 1-16 174-180

Police Department to abstain from any acts in

connection with 32 222-223

Printing of ballots 10 168

Precincts,

Appointment of boards 18 170

Counting by 19 171

Delivery of ballot bpxes to Registrar 19 171

Incompetent officers, removal 18 171

Registration, to be provided for 5 164

Sealing ballot boxes and keys 19 171

Proclamation for municipal 9 168

Public Administrator 1 61

Recall (See Recall)

Recorder 1 56

Referendum (See Referendum) Registrar of Voters,

Abstain from political acts 2 163

Appoint precinct boards 18 170

Appointment of, term, salary, duties 3 164

Ballot boxes, delivery to 19 171

Candidates for municipal office ,.. 5-12 165-170

, Index 269

ELECTIONS, ELECTIONS DEPARTMENT (Cont'd) tfuWivrsrj^ii Page

Certificates to be preserved 7 1G7

Counting of ballots 19 171-172

Declarations of candidacy 5 1G5

Declarations to be preserved 7 167

Deputies abstaining from politics 2 163

Duties of 3 164

Exempt from (jivil Service 11 199

Fees received by to be paid into Treasury.... 8 167

Initiative petition 2-3 176 17/

List of candidates and vacant offices certified

to Mayor 9 167-168

Refusal to file 6 167

Rules, enforcing 3 164

Salary to be fixed annually 24 174

Secretary of Board of Election Commission- ers 3 134

Tally sheets 19 171-172

Withdrawal of candidates 10c 169

Registration governed by general laws 4 164

Returns, canvass of 19 171-173

Salaries,

Clerks 4 164

Commissioners 1 163

Once fixed cannot be increased 4 164

Registrar of Voters 3 164

Sample ballots 17 170

Sheriff 1 62

Special Elections,

Acquisition of public utilities 3-4 187

Calling and when, percentage 4 ITS

Issue of bonds, proceedings 4-10 187-190

Municipal 19 172-173

Statements of candidates 8 . 167

Street improvement bonds 29M» 221

Street railway franchise, purchase 7a 38

Superintendent of Schools 1 128

Tally sheets 19 171-172

Tax Collector 1 54

Tax limit suspension 13 33

Ties 20 173

Treasurer 1 49

Two-thirds of vote, when necessary 4 188

Vote highest in rank, count only 10b 173

Voting machines 14 170

Withdrawal of candidate 10c 169

ELECTRIC POWER,

Acquisition of plants 1 186

Department of Electricity to enforce ordinances.. 6 159

Franchises, granting 7 19

Location, quality, rates 13 10

Offers for sale of plant to city 2 186

Percentage of receipts 7 20

Poles, erection of, franchises ^. 7 19

Public buildings, lighting 6 28

Rate fixing by Supervisors 14 10

Rates to be uniform , 6 28

Wires,

Franchises 7 19

Board of Public Works regulating 1 70

270

Index

Section or ELECTRICITY, DEPARTMENT OF, Subdivision Page

Appointment of assistants, salaries 3 159

Chief,

Appointment, qualifications, salary 2 159

Exempt from Civil Service 11 199

Civil Service provisions 3 159

Connection with the system by citizens 5 159

Employees of, salaries 3 159

Enforcing ordinances on wires and current 6 159

Fire alarm station, Jefferson Square 6a 206

Fire alarm system 1-5 159

Inspection and supervision of wires 6 159

Joint commission to control, how constituted 1 159

Police telegraph and telephone system 1-5 159

Salaries fixed annually by Supervisors 2-3 159

ELEVENTH STREET, sale of lands 9 20

ELIGIBLE LIST,

Army or navy, employees mustered into 21 203

Preparation of 7 197

Removal from 9-10 198

EMBEZZLEMENT, disqualifies for office 15 218

EMERGENCY,

Civil Seivice appointments 10 198

Public improvements without advertising 14 73

School Department expenditures 3 131

Tax rate limit 13 33

EMINENT DOMAIN (See Condemnation) EMPLOYEES,

Absence from duties 6 48

Acts of, officers liable 6 214

Actual service, payment only for 33 223

Additional to those in Charter, procedure for

employing 35 223

Appeal to Civil Service Commission 12 200

Army, eligibles mustered into, resume positions.... 21 203

Assessor 1 54

Auditor 2 47

Board of Public Works 3 68

Board of Public Works, control of heads of de- partments 13 73

Board of Supervisors 1 4

Bonds, official 7 214

Bribe, prohibited 8 216

Bribery disqualifies 15 218

Bureau of supplies 38 14

Charges for removal 12 200

Chief of Police , 4 139

Citizenship requisite.. 2 215

City Attorney 5 59

Civil Service,

Departments, under and those exempt 11 199

Prior to Charter amendment without exam- ination ,, 11 199-200

Qualifications ' 2 195

Cleaning and sprinkling of streets 29 97

Compensation for appointment prohibited 7 216

Contracts, not to be interested in 6 216

Contract violation, duty to report 3 46

Coroner 2 56

County Clerk 2 61

Jndex 271

EMPLOYEES (Continued) sSivLfJn Paee

Department of Electricity 3 159

Disabled, how provided for TM; 180

Discharge of, consent of Civil Service Commis- sion 10 198

Discourteous treatment of public 12 201

■ Dismissals, appeal against 12 200

Disqualified, when 15 218

District Attorney 3 60

Drafted, reinstatement 21 203

Duties of, as assigned by heads of departments.... 30 222

Eight-hour day 24 11

Elections department 4 164

Embezzlement disqualifies 15 218

Extra,

Assessor 1 54

Auditor 2 47

Employment of 12 42

Tax Collector 1 54

Fees, nrohibited from receiving 2 39

P^re Department 1 153

Fire Department cornoration yard 9 150

Franchises, prohibited from being interested in.... 6 216

Gifts to officials prohibited 8 216

Increases in salary 41-42 226

Initiative petition, extra, examining 3 177

Janitors 4 71

Justices' court 1 62

Laborers 24 11

Lease by or to City, interest in nrohibited 6 216

Legislature, cannot become a member of 4 216

Libraries 3-6 134

Limit as to number on departments, etc 5 216

Mayor 1 45

Mileage fee statements 11 41

Military service, leave of absence and reinstate- ment 21 203

Minimum wage 24 11

Municipal railway, preference for former em- ployees lib 200

Navy, service in, reinstatement 21 203

Number of, limited to Charter provisions 5 216

Official bonds 7 214

Outside of City, payment 9 49

Outside City, public work 2 215

Overtime pay 33 223

Parks 4-6 205

Playgrounds 3-5 210-21 1

Police Court 2 61

Political qualifications not required for appoint- ment IVs 215

Promotion, civil service provision 8 198

Public buildings 4 71

Public utility taken over by City, retained lib 200

Purchases by City, interested in, prohibited 6 216

Qualifications necessary 2 215

Recorder 1 56

Removal only for cause, civil service provision.... 12 200

Removals, when and how 21 218-219

Residence in City 2 215

272 Index

Section or EMPLOYEES (Continued) Subdivision Page

Salaries,

Actual services only 33 205

Approval of demands 19 202

Monthly payment 1 43

Sales to or by City, interest in prohibited 6 216

School Department 10 127

Sex to be disregarded, when : 9 198

Sheriff 2 62

Street sprinkling and cleaning 29 97

Streets, urgent repairs 30 97

Superintendent of Schools 2 129

Superior Court 2 61

Tax Collector 1 54

Treasurer 1 49

Two positions cannot be held 4 215-216

Warrant and Bond Clerks 5 65

Weights and Measures Department 1 57

EMPLOYMENTS, exemption from licenses 15 10

ENACTING CLAUSE, ordinance 8 5

ENACTMENT, laws by Supervisors 1 8

ENCROACHMENTS, sidewalk, prohibited 1 70

ENGINE COMPANIES, of whom composed 1 153

ENGINEERS, Fire Department 1 153

EQUALIZATION, BOARD OF, members 2 16

EQUIPMENT,

Cleaning and sprinkling of streets 29 97

Corporation store yard 32 98

Library buildings 6 134

Playgrounds 10 212

Public utilities, municipally owned 8 71

Superintendent of Schools purchasing 5 130

ERASURE, bids for public work 16 74

ERECTION OP POLES,

Board of Public Works regulating 1 70

ERRORS', street assessment proceedings 12 88

ESTIMATES,

Annual budget 2 30

Assessment, opening, etc., of streets 6 103

Change of grade 2-3 114

Pensions, Fire Department 7 157

Pensions, Police Department 7 146

Public improvements 10 72

Public utilities, construction 1 186

School Department salaries 9 126

School houses 1 131

Street excavations 9 71

Street improvements 2 78

Water works and sources, cost 1 186

EVENING SCHOOLS 2 124

EVIDENCE,

Affidavit of publisher of official newspaper 26 96

Certificate, street repair 17 93

Condemnation of lands, opening of streets 16 108

Copies, records of Board of Public Works 21 94

Deed for delinquent property 7 107

Property as, production 4 144

Search for 7 140

Index 273

Section or Subdivision Page

EXAMINATIONS,

Bonds, official 3 17

Chief of Police 7 140

Citv Board of Examination 6 130

Civil service 3-6 196-197

Coroner 1 58

Employees prior to Cliarter amendment, no exam- ination 11a 199

Finance Committee 3 16

Fire Department, present members, none 1 151

Initiative petition 3 177

Offices, public 3 17

Promotion for 8 198

Public service corporations 4 17

Public utilities, accounts 3 194

Superintendent of Schools 4 129

Teachers' certificates 1-4 130

Water company's books 4 17

EXAMINERS, for Civil Service appointments 5 196

EXCAVATION,

St)ur tracks, hauling 3 9

Streets (See Streets)

EXCEPTION,

Improvements by owner excepted from order for

street work 9 86

Official advertising, legal holidays 26 96

EXCESS LANDS, purchase or disposal of 10 22

EXCHANGE,

Excess lands purchased 10 23

Library, nublic. Civic Center 10 23

State building, Civic Center 10 23

EXCLUSIVE,

Charter provisions not 33 98

Charter provisions not 17 119-120

Charter provisions not 1 121

Franchise, none to be granted 5 17

Rights to operate, tunnel, subway or viaduct 5 123

EXECUTION,

Contracts 5 27

Finance Committee's orders 4 17

Sales under judgments 4 60

Street assessment lien 15 91

EXECUTIVE DEPARTMENTS (See Mayor, Auditor, Treasurer, Assessor, Tax Collector, Coroner, Recorder)

EXEMPT FIREMEN, relief 36 13

EXEMPTION,

Civil Service, what departments and employees.... 11 199

Experts from resid'ence qualification 2 215

License taxes 15 10

One-twelfth limit on expenditures 9 32

Taxation, public utility bonds 10 190

EX-MAYOR, seat. Board of Supervisors 2 4

EXPENDITURES,

Advertising, official 13 6

Appropriations, only against specific 6 31

Auditor's annual estimate 2 30

Board of Education 9 126

Board of Health 3 160

Budget estimates by departments 1 30

274 Index

Section or Subdivision Page

EXPENDITURES (Continued)

Change of grade 16 119

Chief of Police 6 140

Constitutional enactments increasing 13 33

Definition of, in street work 26 96

Firemen's relief fund 8-9 157

General fund, out of 37 224

Incidental expenses (See Incidental Expenses)

Law library 1 67

Legislative enactments increasing 13 33

Libraries, public 5 133

Library trustees 5 134

Limit to tax levy for City's 11 33

Not to be met from revenues of another year 13 34

One-twelfth limit, exemptions 9 32

One-twelfth limit on 9 31

Park fund 2 35

Parks : 6 205

People, vote of, increase in 13 33-34

Playground Commission 5 211

Public utility, operation 1 194

School purposes, limit of 1 130-131

Schools 9 126

Steinhart aquarium.: 43a 16

Street railway construction, franchise provision.... 6 19 Streets,

Opening, extending, etc 1 100

Urgent repairs to 30 97

Work 33 98-99

Subway construction 2 122

Supervisors, majority vote 8 31

Supervisors to authorize all 15 34

Tax levy to meet 11 32

Tax limit suspension 13 33

Treasurer only officer to disburse public moneys.. 1 39

Tunnel construction 2 122

Under five hundred dollars, contracts let without

advertising 14 73

Under two hundred dollars 13 6

Unexpended monthly balances, ,...., ,.., 9 31

Urgent necessities fund , 8 31

Viaduct construction ,. 2 122

EXPENSES (See Expenditures, Incidental Expenses)

EXPERTS,

Accounts, public utilities 3 194

Exempt from Civil Service rules 11 199

Exempt from residence qualifications 2 215

Finance Committee 4 17

Municipally owned public utilities 8 71

EXPIRATION,

Franchise, purchase by City 7a 38

Franchise, submission to people 1 181

Of term, officials surrendering property 3 214

EXPLOSIVES, enforcement of laws by Fire Marshal 4 154

EXPOSITION (See Panama Pacific Exposition)

EXTENSIONS,

Public utility 1 194

Streets, proceedings 1-19 100-109

EXTENSION OF TIME,

Contracts 21 76

Supervisors, majority vote ,„„„,,,,,,„„,., 21 76

^ndex 275

EXTRA,

Assessor, clerks

Assistants, employment of

Employees, Auditor

Initiative petition, help

Sessions of Supervisors, calling. Tax Collector, clerks

F FAILURE,

Account of City's money or property, to make

Bank, rules on deposits of funds

Bidder to enter into contract

Bill to pass

Contract for supplies, to enter into

Contractor

Contractor to pay for materials

Elected candidates, qualifying

Officer to make reports or returns, action by Auditor

Property owners, contract, street work 19-20

Reporting violations

Subcontractor

Supervisors enforcing provisions

To petition waives claim

FAIR, when permitted in parks

FALSE CERTIFICATE, labor performed or supplies

furnished

FAMILY,

Fireman, receiving pension

Police officer, receiving pension

FARES,

Power to regulate street railroad

Street railway, regulation by Supervisors

FAVOR, one bidder over another

FEES,

City Engineer

County Clerk, for copies, etc., of records

Daily payment into treasury

Daily payment into treasury

Deputies, clerks, employees to receive none

Election, candidates for office

Election, candidates for office

Mileage fees

Officers, monthly report by

Official services

Public Administrator

Recorder

Salaried officers to receive none

To be paid into Treasury and none retained

Transfer of funds

Treasurer,

Liable on official bond for

Monthly report

Payment to

Unapportioned fee fund

FELONY,

Forfeit right to public nension

Forfeiture of pension. Fire Department

Reward for conviction of

Section or
Subdivision	Page
1	54
12	42
2	47
3	177
5	46
1	54
14	43
2	51
16	92
12	6
1	24
5	27
7	28
22	174
6	48
. 19-20	75
3	46
1	28
13	193
2	114
6	206
4	27
5	156
4	145
27	12
6	19
4	27
12	72
3	61
4	40
17	218
2	39
5b	166
8	167
11	41
9	41
17	11
1	61
2	56
2	39
34	223
1	35
4	40
8	41
3	39
4	40
5	146
6	156
21	11

276

Index

Section of Subdivision Page

FENCES,

Approving designs 10 208

Areas on sidewalks 1 70

FIFTEENTH STREET, sale of lands 9 20

FIFTY PER CENT OF VALUE, assessing 33. 99

FILES, methods of, prescribing 41 14

FINAL PASSAGE,

Bill granting franchise, ninety days after intro- duction 12 6

Bills and resolutions 9 5

Franchise, bill granting 12 6

Franchise grant, street railway 6 19

Ordinance, amending 12 6

FINANCE (See Taxes. Funds, Revenue, Expenditures)

FINANCE COMMITTEE,

Concurrence of two members sufficient 4 17

Defalcations 4 17

Deposit of public funds in banks 2 50

Duties and powers 3 16

Official bonds, investigating 3 17

Orders of, execution 4 17

Percentage of gross receipts, payment by corpor-

rations 4 17

Public service corporations, books experting 4 17

Sale of City lands, appraisement 9 21

Street railway company's books, experting 6 19

FINES,

Carrying concealed weapons, police pension fund 11 147

Cruelty to animals 19 11

District Attorney, actions by 2 60

Fire Department members and employees 8 150

Income from, estimate 2 30

Judgments, execution sales 4 60

Ordinances, violation of 16 11

Ordinances, violation of 11 147

Police Court 1 64

Police Department members, police pension fund 11 147

FIRE,

Alarm system '. 1-4 159

Alarm system 6a 206

Commissioners (See under Fire Department)

Limits 5 9

Marshal 1-5 1 53-154

Protection system 6 150

Wardens 1 154

FIRE BOATS,

Age limit not applying to employees 6 150

Composition of companies 1 153

Pension benefits not applying to employees 6 150

Salaries of emnlovees 1 158

FIRE DEPARTMENT,

Absence, military service 43 226

Age limit 6 149-150

Alarm system 1-5 159

Alarm system 6a 206

Alternating on tours of duty 11 151

Apparatus needed 9 150

Appointments and dismissals for cause 7 150

Battalion chiefs 1 158

Boats (See Fire Boats)

4ndejt 277

FIRE DEPARTMENT (Continued) s^uMMsuTn Page

Buildings,

Destruction to check fire 3 153

Inspection of 1 154

Repairs, etc.. suspension tax limit 13 33-34

Captains 1 153

Charges against members 2 151

Chemical engine companies, of whom composed... 1 153 Chief Engineer,

Absence or inability 2 152

Assistants, salaries 1 158

Chief e.xecutive officer of department 1 152

Exemption from Civil Service 11 199

Opeiators for : 4 153

Powers and duties of , 1-3 152-153

Recommendations and reports 2 152

Rules, enforcing 1 152

Salary 1 158

Sti'-pensions by 8 150

Civil Service,

Employees under 11 199

Examinations not to apply to present mem- bers 1 151

Clerk and commissary, corporation yard 9 150

Clerks, commissioners' office 6 150

Commissioners,

Abuse of discretion 5 156

Appointed by Mayor 1 149

Composition of. as to politics 2 149

Department of Electricity, joint control 1 159

. Duties 8 150

Four members to constitute board 1 149

Ineligible to any elective office 31 222

Management of department 1 149

Meetings 4 149

Official bonds 2 213

Political affiliations 2 149

Powers 8 150

Qualifications, term, salary 1-2 149

Successors in office of who 3 149

Those first appointed, classification 2 149

Companies,

Engine, hook and ladder, tower, etc 1 153

Establishing of 5 149

Contracts, provisions governing 4 152

Corporation store yard 9 150

Day of lest 2 158

Destruction of buildings to check confiagration 3 153-154

Disability, salary during 3 152

Discharge, temporary, redaction in force 1 151

Dismissal, when 2 151

Draymen 1 158

Drivers 1 153

Duties of members 5 149

Duty, hours on 11 151

Employees 1 153

Engineers 1 153

Engine companies, composition 1 153

Exempt firemen, relief 36 13

Fines on members, how deducted and applied 8 150

278

Index

Section or Subdivision Page FIRE DEPARTMENT (Hontinned) Fire boats (See Fire Boats)

First Assistant Chief Engineer 1 158

Hook and ladder companies, composition 1 153

Hosemen 1 153

Hostlers 1 158

Hours of duty 11 151

Hydrantmen 1 158

Increase in salaries IV^ 158

Inspection of buildings 1 154

Leaves of absence 2 158

Jefferson Square fire alarm station 6a 206

Lieutenants 1 153

Marshal 1-5 153-154

Materials or apparatus needed, conflagration 9 150

Members,

Citizens 6 149

Disabled, when allowed salaries 3 151

Duties 5 149

May be dismissed when 2 151

May be pensioned when 3-4 155

Not to be removed except for caase 7 150

Number of 5 149

Qualifications : 6 149

Salaries 1 158

To be engaged in no other employment 10 151

Trial before dismissal 7 150

Military service, absence on 43 226

Money belonging to 5 149

Officers, salaries 1 158

Operators, Chief's 4 153

Organization of 5 149

Pension^,

Absence, military service 43 226

Age requisite 3 155

Ceasing on disability ceasing 4 156

Certain employees not to receive 6 150

Certificate of disability 4 155

Commissioners' meetings, records, powers,

duties, proceedings 8-9 157

Death within one year of injury 5 156

Dissipated or drunkard 5 156-157

Estimated annual amount for relief fund 7 157

Expenses, limit 9 157

Family receiving 5 156

Felony, forfeiting 6 156

Fund (See Firemen's Relief and Pension Fand)

Forfeiture of 5 156-157

Hearing on claim 5 156

Increase in salaries not affecting l^^ 158

Injury in discharge of duties 4 155

Judgment of Commissioners final unless

abuse of discretion 5 156

List of liabilities 8 157

Non-resident forfeiting 6 157

One-half of salary 3 155

Orphan receiving 5 156

Parents receiving 5 156

Pensions prior to 1900 10 157

Period of service 3 155

^ndex 279

Section or Subdivision Page

FIRE DEPARTMENT (Continued)

Petition of heirs 5 156

Receipts during lifetime not barring family.... 5 156

Rules and regulations 7 157

Secretary to Pension Board 9 157

Widow while unmarried 5 156

Pilots, fire boats 1 153

Platoon system, two 11 151

Politics,

Abstaining from 32 222

Assessment for 32 223

Commissioners 2 149

Interference, cause for removal 32 222

President of board 4 149

Property belonging to 5 149

Qualifications of appointees 6 149-150

Reduction in force 1 151

Reorganized, when : 1 151

Rest day 2 158

Rules and regulations 8 150

Salaries,

Commissioners 1 149

During disability 3 152

Graded by length of service 1 158

Increase in li^, 158

Officers, members, employees 1 158

Secretary 4 149

Second Assistant Chief Engineer 1 158

Secretary to board 4 149

Signal system 5 159

Stokers 1 153

Supplies, how and when delivered 9 150

Superintendent of Engines : 1 158

Superintendent of Horses 1 158

Suspensions 8 150

Tillermen 1 153

Tours of duty 11 151

Trials, public 2 151

Truckmen 1 153

Two platoon system 11 151

Uniform force 11 151

Vacations 2 158

Volunteer firemen, relief 36 13

Wardens, fire, who constitute 1 154

Watchmen 1 158

Water tower companies, of whom composed 1 153

FIRE MARSHAL,

Appointing dej)uties 5 154

Appointment of and assistants 1 153

Attendance at all fires 2 154

Charge of and protect property 2-3 154

City not liable for salary of „ 1 153-154

Enforcing laws and ordinances 4 154

Investigate cause of all fires 4 154

May sell property saved, when 4 154

Police officer, exercising functions of 4 154

Powers, duties, salary 1-5 153-154

Report when crime suspected 4 154

Vacancies in office of 1 153

280

Index

Section or Subdivision Page FIREARMS,

Destruction by Property Clerk 3 143

Fines for carrying concealed 11 147

To be taken from prisoners 2 142 ■

FIREMEN'S RELIEF AND PENSION FUND,

Balance to ensuing fiscal year 5 36

Budget appropriation.— 7 157

Commissioners, meetings, records, powers, duties,

proceedings 8-9 157

Condition of, reported quarterly., 8 157

Creation of 1 154

Estimate of amount annually required 7 157

Expenses, limit 9 157

Fines on members 8 150

Forfeiture of pension : 6 156-157

Payments from 8 157

Surplus in not to go to surplus fund 16 34

Tax levy, to meet all demands of 2 155

FIRES,

Destruction of building to check 3 153

Fire Marshal to investigate cause 4 154

Material or apparatus needed 9 150

Result of crime 4 154

FISCAL YEAR,

Budget of amounts estimated 3 25

Commences and ends, when 16 218

FIVE BLOCKS, street railway through tunnel, sub- way or viaduct, each end thereof 5 123

FIXING,

Bail , 6 65

Fees and charges, official service 17 11

Rate of interest, deposits of public funds 2 50

Rates, by Supervisors 14 10

Street width and grade 1 77

FLUMES, water supply, lands for 15 193

FLUSHERS, sprinkling of streets 29 97

FLUSHING SEWERS, regulation by Supervisors 13 10

FORECLOSURE, lien, street assessment 12 88

FORFEITURE,

Check accompanying bid 17 75

Check or bond, change of grade bid 9 116

Check, street repair bid 16 92

Deposit, bond sale 10 191

Franchises, actions 3 46

Franchises not in use 26 219-220

Judgments, execution sales 4 60

Ordinances, violation of 16 11

Pension rights, fireman 5 156-157

Pension rights, police officer 5 146

Street railway franchise 6 19

FORMS, demands 39 14

FOUNTAINS, approval of 10 207

FOURTEENTH STREET, sale of lands 9 20

FOURTH OF JULY, appropriation for celebration 18 11

FRANCHISES,

Advertising bill granting 13 6

Advertising for bids 6 18

Additional conditions to be imposed 7a 37

Application for 6 . 18

Arbitrators, appointment of 7a 38

Index

281

FRANCHISES (Continued) S^rbdiv"sron Page

Award by Supervisors 6 18

Bids for 6 18

Bill, final passage, ninety days after introduction.. 12 6

Bonds, purchase of street railway 7a 38

Bonus, purchase by City 7a 37

Boulevards 6 17

City may purchase _ 7a 37

Conduits, pipes, mains, wires, no exclusive for

laying 5 17

Eight-hour day 7b 39

Election, purchase 7a 38

Election, submission at 3 46

Electric power, granting : 7 19

Exclusive, not to be granted 5 17

Expiration,

Offer by City to complete purchase 7a 38

Submission to people 1 181

Forfeiture,

Actions 3 46

Penalty 7c 39

Street railway 6 19

When declared 26 219-220

Labor, wage and hours 7b 39

Lighting, granting 7 19

Minimum wage 7b 39

Ninety days before final passage 6 109

Not in use, declared forfeited 26 219-220

Officers prohibited from being interested in 6 216

Operation continuous 6 19

Ordinance granting time before final action 12 6

Overtime employment 7b 39

Paving of streets, power to compel 28 12

Penalty for failure to comply with conditions 7c 33

Percentage of receipts 6 18-19

Petition, ordinance referred to vote of people 7 20

Postponement of final action for vote of people 3 46

Power, granting 7 19

Public utility, submission to people 1 18l

Purchase by City 7a 37

Railroads 28 12

Referendum, ordinance granting 7 20

Referendum to the people 1 181

Renewal of..... 6 19

Roadbed and tracks reverting to City 6 id

Steam railroads, power to grant 28 12

Street railways 6 17

Supervisors, majority vote 6 19

Time required before renewal 12 6

Valuation, purchase by City 7a 37

Vote of people 7 20

Wages and hours of employees 7b 38

Wires for power '. 7 19

FRAUD,

Civil Service examinations, prohibited 18 202

Civil Service provision 9 198

FREEHOLDERS, BOARD OF,

Certification of Chaiter 226

Charter proposed by 1

282 ^ Index

Section or Subdivision Page

FREIGHT, spur tracks, hauling 3 9

FRONTAGE,

City and County property, work, payment for 8 83

Owners of major part of, improving street 19 75

United States property, work, payment for 8 83

FUNDED DEBT (See Sinking Fund, Bonds)

FUNDS,

Apportionment by Supervisors 11-12 33

Apportionment of revenues 1 35

Auditor, supervision over 1 47

Available against contracts 9 31

Bail moneys 5 65

Balances (See Balances)

Budget (See Budget) 1-4 30

Change of grade assessments 12 118

City and County investing 2 52

Common school fund (See Common School Fund)

Constitutional enactments 13 33

Continuity of 2 35

Custody, public moneys 1-14 39-43

Demands (See Demands)

Deposit daily in Treasury 17 218

Deposit of moneys in bank 2 50-52

Designation of :. 2 35

Disbursement of by Supervisors 15 34

Drainage purposes, special 22 11

Earnings of utilities to be transferred to certain.. 16 193-194

Elections, special 14 180

Finance Committee 3 16

General Fund (See General Fund)

Gold in bags 3 52

Joint custody safe 3 52

Library 2-3 133

Licenses, collection and payment into Treasury.... 2 54

Legislative enactments.... 13 33

Mayor's contingent 35 13

On hand. Treasurer to take account daily 2 49

Parks 6 205

Playgrounds 5 211

Police Relief and Pension 1-13 144-148

Provision for, from January to June 30, 1900 37 224

Public Utilities,

Acquisition of 4 187-188

Earnings 1 194

Municipal 12 33

Receipts, apportionment by Auditor 10 41

Redeeming bonds for construction of buildings 29 220

Reserve fund, public utility 1-2 194

Revolving 291/2 221

School Department 1 130-131

School lots, proceeds from sale 11 23

Separate 1 35

Silver in bags 1 3 52

Sinking funds (See Sinking Funds)

Special deposit 4 36

Street assessment 16 109

Street work 8 83

Supervisor to fix and collect revenues 14 34

Surplus fund (See Surplus Fund)

Surplus in certain, to pay outstanding bonds 7 37

Index 283

Section or

FUNDS (Continued) Subdivision Patre

Surplus, street assessment 18 109

Subway construction 2-4 122

Taxes,

Apportionment of, to the several 11-12 33

Collection and payment into Treasury 2 54

Levy : 5 31

Transfer from one to another, not lawful 1 35

Transfer of old to new 37 224

Treasurer,

Monthly report 8 41

To keep accounts of each fund separate 2 50

To receive and safely keep 2 49

Tunnel construction 2-4 122

Unapportioned fee fund 4 40

Unexpended Balances,

Action by Auditor 10 32

Monthly 9 31

Urgent necessities 8 31

Use for any purpose than that specified barred 2 35

Viaduct construction 2-4 122

When cease to exist 38 225

G

GARBAGE,

Board cf Health, supervising, disposition 3 160

Board of Public Works, to dispose of 7 71

GAS,

Acquisition of plants by City 1 186

Financo Committee, examining books, etc 4 17

Franchises, granting 7 19

Mains, regulating laying 1 70

Offers for sale of works to City 2 186

Pipes to be laid before acceptance of street 23 94

Pipes, power to regulate 13 10

Public buildings, lighting 6 28

Rates to be uniform 6 28

Rates, Supervisors to fix yearly ^..... 14 10

Regulation of by S^ipervisors..... 13 10

GASOLINE, enforcement of laws by Fire Marshal 4 15^

GATES, aDproving designs 10 208

GENERAL FUND,

Bond issue surplus 10 191

Check accompanying bid forfeited, paid into 17 75

Check, street repair work 16 92

Consists of what 2 35

Delinquent on assessment, purchase of property.... 3 106

Forfeited check 9 116

Interest on deposits 2 50

Payments out of 37 224

Reserve fund, public utilities 2 194

Street improvements, what expenses paid 8 83

Tearing up streets, expenses to be deposited in 9 71

Transfer of what previous funds to 37 224

GENERAL LAWS OF STATE, govern all elections 5 164

GENUINE, l)id for public work 16 73

GIFTS,

Aquarium, public 43 15

Art gallery 6 206

City and County of San Francisco 1 2

For positions debars from office 7 216

284

Index

GIFTS (Continued)

From subordinates, prohibited

Museum

Playgrounds

Public libraries

Public parks

Schools *

Steinhart, Ignatz

GLASS', stained, approval

GOLD TN RAGS

GOLDEN GATE PARK,

Art Gallery and Museum,

Academy of Sciences

Gifts and control over

Jurisdiction, Park Commission

Panama-Pacific Exposition may use part of

Playgrounds

State of California, lease of ground to

Steinhart Aquaiium

GRADES,

Assessment

Bids on work

Change of, proceedings relating to

Charter provisions not to be exclusive

Civil Service classification

Cost may be paid out of treasury

Credits to owners

Crossings

Delinquent assessments

Distribution of assessment

Estimate by Board of Public Works of benefits, etc.

Estimate of damages by owner

Expense of, how assessed

Included under term "improvement"

Intermediate streets, relation to main streets

New assessment

Notice of assessment

Notice of filing of report

Objections and hearing .<.

Owners doing front of their lots

Park Commission

Partially graded or improved, proceedings

Payment of damages .".

Payment to contractor

Plans and specifications for regrading, etc

Posting of notices

Powers of Supervisors

Powers of Supervisors

Proceedings

Provisions for repaving, resewering, etc

Publication of resolution

Public ways and grounds

Report of Board of Public Works

Resolution of intention

Supervisors,

Fixing

Majority vote :

Ordering changes by ordinance

Supplementary assessment

Ungraded portion of street, proceedings not stayed

by objections , ,. 4

Spction or
Subdivision Page
8	216
6	206
6	211
3-4	133
8	207
12	127
43a	15
10	207
3	52
12	208
6	206
1	204
1	186
9	210
9	207
43a	15
1-11	113-117
9	116
1-17	112-121
17	120
2	195
16	119
9	85-86
26	95
12	117
10	116-117
3	114
2	114
2	83
26	95
26	95
8	115
12	117
7	115
8	115
9	85
10	208
4	80
13	118
14	119
9	116
1	113
1	113-114
17	120
1-17	112-121.
1	113
1	113
10	208
6	114-115
1	112
1	77
17	120
17	119-120
15	119

80

Index 285

Section or Subdivision Page

GRANTS,

Custody of 7 5

Electric power and lighting franchise 7 19

Franchises 12 6

Liquor peimits 3 136

Permits by Police Commission 9 138

Signature. Clerk of Supervisors 7 5

Street railway franchises 6 17

Streets in new subdivisions 28 96

Teachers' certificates 3 125

GRATUITY, official prohibited from accentin? 8 216

GREAT HIGHWAY, jurisdiction, Paik Commission... 1 204

GROUNDS, PUBLIC (See Parks)

H

HACKNEY CARRIAGES, regulation of 7 9

HAND S"\VEEPING OF STREETS, preference 29 97

HARBORS,

Built and repaired by Board of Public Works 1 112

May be leased, but not sold 2 112

Tolls for wharfage and dockage 2 112

Under control of Supervisors 1 112

HEADS OF DEPARTMENTS,

Approval, demands 4-5 48

Board of Public Works appointing 13 73

Discharge of employees, consent of Civil Service

Commission * 10 198

Dismissal of employees 12 200

Duties of employees 30 222

Liability for acts of deputies 6 214

Notice to Civil Service Commission of position to

be filled 9 19S

Requisitions 3 27

HEALTH, protection of 3-4 160-161

HEALTH DEPARTMENT,

Abatement of nuisance 3-4 160-161

Almshouses 3 160

Ambulance service 3 160

Appointments, all under Civil Service 5 161

Births, registration of 4 161

Board of Health,

Appointed by Mayor 1 160

Appointments, officers and employees 5 161

Classification as to holding po^ition^ 2 160

Draft of proposed rules or ordinances to be

submitted to Supervisors by 4 161

Expenditures, control over 3 160

Ordinances, enforcing 4 160

Powers and duties 3-4 160-161

President of 1 160

Qualifications of members of 1 160

Rules and regulations adopted by 1 160

Serve without compensation 1 160

Seven members to constitute 1 160

Term of office seven years 2 160

Buildings. rei)airs, etc.. suspension tax limit 13 33-34

City and County Hospital (San Francisco Hospital),

Control of Board of Health 3 160

Internes may be appointed for 9 161

Ward in. for treatment of inebriates 8 161

286 Index

Section or Subdivision Page HEALTH DEPARTMENT (Continued)

Civil Service provisions 5 161

Dead, disposition of 3 160

Deaths, registration of 4 161

Dismissal, not without cause 5 161

District Attorney to advise... 2 60

Duties prescribed by Board of Health 5 161

Employees of, number, how determined 11 162

Garbage, disposition of 3 160

General powers to regulate 1 8

Hospitals, control over 3 160

Jails, sanitary supervision of 3 160

Management of Board of Health 1 160

Nuisances 3-4 160-161

Offal, disposition of 3 160

Officers and employees 5 161

Physicians exempt from Civil Service 11 199

Police officers also health officers 3 142

Protection, lives and health 3 160

Public buildings, sanitary supervision 3 160

Receiving hospitals 3 160

Registration of births, deaths, etc 4 161

Relief Home 3 160

Salaries fixed by Board of Health 5-10 161-162

Sanitary supervision Of municipal institutions 3 160

Schools, sanitary supervision 3 160

Street improvement applications.... 2 77

Vital statistics 4 161

HEARINGS,

Appeal from street assessment 14 89

Assessment district objections 5 81

Budget 3 30

Change of grade 8 115

Civil Service Commision, charges 12 200

Closing of streets 27 96

Liquor permits, refusals 3 136

Objections, owners, street crossing assessment.... 4 80

Opening, etc., of streets 4-5 102

Pension claim, Fire Department 5 156

Pension claim, police member's family 4 145-146

Permits. Police Commission 9 138

Police Commission 3 136

Police officer, charges 3 142

HEAT (See Steam Heat)

HEIRS,

Firemen, pension 5 156

Police member, pension 4 145

HEROIC CONDUCT, reward for 8 146

HETCH HETCHY,

Board of Public Works, charge of construction,

operation, etc 8 71

Payment for work on 9 49

Power of Supervisors to acquire lands 15 193

HOLIDAYS, official advertising excepted on 26 96

HOOK AND LADDER COMPANIES,

Of whom composed 1 153

FOSRMEN. Fire Department 1 153

HOSPITALS,

Charge of Board of Health 3 160

Receiving .- 3 160

Regulation and maintenance of 11 10

Judex 287

HOSPITALS (Continued) SubtlivFsrJn Page

San Francisco Hospital,

Medical students given facilities in 7 161

Resident physician for 6 161

Visiting physicians and surgeons for 7 161

Students, privileges 7 161

Supplies, contracts for 1 24

HOSTLERS, Fire Department 1 158

HOURS OF LABOR,

Fire Department 11 151

Power to regulate 24 11

Public offices 14 217

Street railway franchise 7b 38-39

HYDRAXTMEN, Fire Department 1 158

ILLEGAL PAYMENTS, penalty 11 217

IMPROVEMENTS,

How provided, when exceed revenues of city 29 220

Lessee, school lot, reverting to city 11 127

(See also Streets, Public Work)

INCIDENTAL EXPENSES,

Bidder to pay 9 116

Change of grade : 9 116

Chief of Police 6 140

Contracts for City and County 1 25

Deductions from warrant 12 88

Included in street assessment 7 82

Police Department 6 140

INCOME,

Apportionment to funds by Supervisors 12 33

Auditor's annual estimate 2 30

Public utilities, municipal 12 33

INCOMPETENCE, ground for removal 12 201

INCREASE,

In salaries 4 164

In salaries IV2 158

In salaries 41-42 226

Liabilities, vote of people, legislature or constitu- tional 13 13

Tax rate 13 33

INDEBTEDNESS,

Bank, deposits of public funds 2 51

Deduction from demands.... 6 48

Limit of 9 190

(See Bonds, Debts, Liabilities)

INDEPENDENCE DAY, celebration of 18 11

INDIGENT,

Exempt firemen, relief 36 13

School children 1 131

INDUSTRIAL, spur tracks 3 9

INEBRIATES, ward, San Francisco hospital 8 161

INFERIOR SUPPLIES, acceptance by officer 4 27

INFORMALITIES, elections 23 174

INITIATIVE,

Affidavit of verification 2 175

Additional signatures 3 177

Any number of measures, etc., may be submitted

on one petition 8 179

288 Index

Section or Subdivision Page

INITIATIVE (Continued)

Appropriation 3 177

Arguments 10 179

Ballots, form of 6 178

Bond issue election not to take precedence of 11 180

Budget appropriation 14 180

Certificate by Registrar. 3 177

Charter amendments 7-12 178-180

Citation to signer 3 176

Commissioners calling election 3 177

Commissioners calling special election 4 178

Competing and conflicting measures 7 178

Conflict in provisions of law, charter controlling.... 8 179

Declarations of policy 13 180

Denial of signature 3 176-177

Disregard, irregular signatures 2 175

Election,

Laws governing 8 179

Mandatory 11 180

When to be held 3 177

Extra help 3 177

General election, when, percentage 5 178

Go into effect ten days after official count 6 178

Highest number of votes 7 178

Insufficiency of petition 3 177

Mailing printed measure and sample ballot 9 179

Majority vote 6 178

Not more than one special election within six

♦ months 8 179

Petition, filing of 1-2 174-176

Petition, form of 2 175-176

Precincting 2 176

Sample ballot 9 179

Sample sheets, etc 2 175

Signatures to petition 2-5 175-178

Soliciting signatures 2 175

Sufficiency of petition 3 177

Supervisors' duty to fulfil election mandate 13 180

Supplemental petition 3 177

Ties, resubmission 7 178

Validity presumed until otherwise proved 2 176

Verification of petition by Registrar 3 176-177

Vetoing, amending or repealing power vested in

people 7 179

Voter expressing preference in similar measures.... 7 178

Withdrawal of signature 2 176

INJURY, death from 4 145

INNOCENT PERSONS, return of property by police... 2 143

INQUESTS, interpreters, compensation 20 11

INSANE PERSONS,

Property taken from 1 143

TeniDorary detention 10 10

INSPECTION,

Books and records of departments by public 13 217

Electrical wires and appliances 6 159

Fire Wardens, buildings 1 154

Included under incidental expenses 26 96

Liquor permits 3 137

Permits, Police Commission 9 138

Police Department records 13 217

Index

289

Section or

Subdivision Page

INSTALLMENTS,

Assessments, opening, etc., of streets, ten years 1 100-101

Payment not to exceed twenty-five per centum of

assessed valuation 33 99

Street assessments 33 99

Taxes, payment of 17 35

Tunnel, subway and viaduct assessments 2 122

INSTITUTIONS,

Health Department 3 160

Sanitary supervision of municipal 3 160

(See Public Buildings, Libraries, Schools, Jails)

INSTRUCTIONS TO VOTERS 10a 168

INSUFFICIENT SIGNATURES, initiative petition.... 3 177

INTELLIGENCE OFFICE KEEPERS,

Permits 9 138

Supervision of Chief of Police.. 7 140

INTEMPERANCE (See Drunkenness)

INTEREST, balance to ensuing fiscal year 5 36

Bonds, purchase of public utilities 5 189

Bonds, tax levy to pay 12 193

Budget provisions 2 30

Construction period, purchase by city 7a - 37

Delinquent assessments 13 105

Deposits of public funds 2 50

Installment payments 33 99

Official in contracts, etc., prohibited 6 216

Opening, etc., of streets 1 101

Payments, street assessments 33 99

Public Utilities,

Bonds 10 190

Earnings 1 194

Municipal, earnings 12 33

Revolving fund „ 291/2 221

Street assessments 15 90

Street improvement bonds 29^! 221

Supervisors to provide for 14 34

Surplus,

Earnings, paying 12 193

In bond issue 10 191

Not to go to surplus fund 16 34

Taxes, property, to meet : 12 33

Tax levy, above dollar limit 11 33

Tunnel, subway and viaduct assessments 2 122

INTERLINEATION, bids for public work 16 74

INTERNES, San Francisco Hospital 9 161

INTERPRETERS,

Appointment, Superior Court 1 58

Coroner's jury examinations 1 58

Salaries, limit of 20 11

Superior and Police Courts 20 11

INTERSECTIONS, hearing of objections 4 80

INTOXICATED PERSONS (See Drunkenness)

INVALIDATE,

Elections, informalities 23 174

Recall elections 1 182

Street improvement assessment 14 90

INVESTIGATIONS,

Bonds, official 3 17

Civil Service Commission 13 201

Coroner 1 58

Finance committee 3 16

Fire Marshal, cause of all fires 4 154

290

Index

Section or Subdivision

INVESTIGATIONS (Continued)

Initiative petition 3

Mayor, of officers, etc., 2

Offices, public 3

Police Department 8

Public service corporations 4

INVESTMENTS,

By City and County 2

Bequests, parks, in bonds 8

ITEMS,

Budget .-. 3-4

Demands to specifiy 5

Dollar limit, excluded from 11-13

Veto separate items in bill 14

J

JAILS,

Jailers, guards, etc., appointment and salaries 2

Power to provide and maintain.. 11

Sanitary supervision of 3

JANITORS, appointment 4

JEFFERSON SQUARE, fire alarm station 6a

JOINT,

Custody safe .-. 3

Repair of track by railroads 28

Use,

S'treets by street railroads 27

Tracks, five blocks 5

Tracks, ten blocks 27

JOURNAL OF PROCEEDINGS,

Ayes and noes, Supervisors 3

Objections by Mayor to bills 16

Tax limit, suspension of 13

Vote on reconsideration 16

JUDGES (See Superior Court, Justices' Court and Police Court)

Appointment of interpreters 1

Election of, at what time : 1

Interpreters for, when may be appointed 1

Police Court 1

Reporters for 2

Soliciting, to dismiss case 3

JUDGMENTS,

Condemnation, opening, etc., of streets 16

Execution sales 4

Lien, street assessment 12

Order of Court to pay 16

Surplus fund, payment out of 3

JUDICIAL OR LEGAL DEPARTMENT (See separate offices)

JULY FOURTH, celebration of 18

JUNK DEALERS, permits 9

JUNK SHOP KEEPERS, supervision of Chief of

Police 7

JURIES, Coroners' 1

JUSTICES' COURT,

Chief clerk and deputies 1

Civil Service, employees under except the Clerk.... 11 .

Election of, at what time 1

Justice acting as Police Judge 12

Salaries, justices 1

JUSTICES OF THE PEACE (See Justices' Court)

Page 177

45

17

137

17

52

207

30

53

33

6

62 10

160 71

206

52 12

12

123

12

4

7

33

7

58 164 58 63 58 64

108 60 88

108 36

11 138

140 58

62

199

164

66

62

-Index

291

Section or Subdivision

K

KILLED IN SERVICE,

Fireman 5

Policeman 4

(See also Death)

L

LABOR,

Claim, unpaid bill 7

Cleaning of streets 29

Contracts for City and County 1

Contract for, registering 9

Day labor 9

Eight-hour day 24

Hours of labor (See Hours of Labor)

Overtime employment 7b

Minimum wage (See Minimum Wage)

Wages of laborers under street railway franchises 7b

LABORERS,

Civil Service, priority of registration 5

Cleaning and sprinkling of streets 29

Hours and wages for public service 24

Urgent repairs to streets 30

LAMP DESIGNS, approving 10

LANDS,

Acquiring in excess of actual requirements 10

Acquisition (See Acquisition)

Appraisements 9

Bond issue for acquiring 29

City and County, owned by (See City Property)

Civic Center, site for 10

Condemnation (See Condemnation)

Conveyance by Supervisors 29

Easement, condemning 16

Leasing of (See Lease)

Library purposes, authorizing use for 7

Mission Creek, sale 9

Park Commissioners, control what 1

Playground Commission, purchase 5

Private sale 9

Public libraries 4

Purchase (See Purchase)

Relief Home tract, sale and purchase 10

Sale of (See Sale)

Sale by City and County 9

School lots, Outside Lands 11

Sewer construction, purchase for 6

Streets, for opening, etc 1-19

Subway, tunnel and viaduct construction 2

Supervisors, majority vote on sale 9

Titles, conveyance by Supervisors 29

Water supply, acquisition for 15

LANES,

Assessment, street work 5-7

Defective, liability, damages 5

Excavations in, proceedings 9

Grade changes 1

Included under term "Street" 26

Opening, extending, widening, etc 1

Open public, defined 1

Repairs to, prior to acceptance 16

Page

156 145

28 97 25 31 72 11

39

38

197 97 11 97

208

22

21 220

22

12 108

134 20

204

211 21

133

23

20 23

111 100-109

121 22 12

193

84-85

2

71

112

95

100

77

91

292

Index

Section or Subdivision LAW LIBRARY,

Act continued in force 1

County Clerk, collections 1

Provision for maintenance of 1

LAWS,

Chief of Police charged with enforcement of 3

Fire Marshal charged with enforcement of 4

General laws governing elections 5

Local enactment by Supervisors 1

Mayor to enforce 2

LAYING,

Pipes, conduits, mains, etc., no exclusive franchise 5

Pipes, regulating 1

Tracks, Board of Public Works regulating 1

Wires for lighting and power, regulating 1

LEASE,

Board of Education 6

Custody of 7

Lands owned by City 32

Majority vote of Supervisors 11

Officials barred from interest In 6

Park, buildings in 6

Parks, part of, restrictions 6

Public utility, submission to people 1

Referendum, ordinance authorizing 7

Reversion of buildings and improvements by lessee

to city 11

School real property not needed 11

Signature, Clerk of Supervisors 7

State of California, exposition building in Golden

Gate Park 9

Street railway roadbed and tracks 7

Wharves, provision for 2

LEGAL ADVICE,

City Attorney to all departments • 2

District Attorney to give certain officers 2

LAW BOOKS,

Chief of Police 4

City Attorney 4

LEAVES OF ABSENCE,

Fire Department 2

From State 3

Military service 21

Without loss of pay 2

LEGACIES (See Bequests)

LEGAL DEPARTMENT (See under separate headings)

L'EGISLATIVE ACTS,

By ordinance 8

Initiative, action by people 1-16

Power vested in Supervisors 1

LEGISLATIVE DEPARTMENT (See Supervisors) LEGISLATURE,

Amendments to charter, approval

Charter, approval of

Land titles act 29

Officer or employee cannot become a member of.. 4 LESoiiill/,

Deducting assessment, etc., from rent 20

School lot, improvements by, reverting to city 11

Page

67 67 67

139

154

164

8

45

17 70 70 70

125 • 5

13 127 216 206 206 181

20

127 127

5

207

20

112

58 60

139 59

158 215 203 158

5

174-180

4

1

226-227

12

216

93

127

Index

293

T tPtr-v Section or L»tj\Y, Subdivision Paeo

Political purposes 32 223

School tax 1 130

Street assessments 9 83

Tax, when made and limit (See Taxes) 11-13 32-33

LIABILITY. LIABILITIES,

Board of Public Works 5 3

City and County of San Francisco, damages,

defective work 5 2

City Attorney, advice 2 58

Firemen's relief fund 8 157

Funds available against 9 31

Illegal demands, penalty 11 217

Legislative and constitutional enactments in- creasing 13 33

Not to be paid from funds of another year 13 34

Not to exceed monthly proportion 9 31

Officer for acts of deputies 6 214

Pensions, Police Department 9 147

People, vote of, increase in 13 33-34

Private contracts, city 22 77

Treasurer on official bond 4 40

LIBRARIES,

Actions at law 4 133

Bequests, etc., in aid of 3 133

Books and publications, purchase 13 34

Books and publications, purchase 2-4 133-134

Branches, establishing 7 134

Buildings, erecting and equipping 2-6 133-134

City property may be used for, when 7 134

Civic Center, land for 10 23

Expenditures 2 35

Fund,

Balance to ensuing fiscal year 5 36

Consists of what 2 35

How created and applied 2-3 132-133

Payments upon, how ordered 5 134

Proceeds of tax levy 2 133

Revenues paid into 2-3 133

Gifts 3 133

Law library 1 67

Librarians 5 133

Maintenance, suspension tax limit 13 34

Managed by twelve trustees 1 132

Memorial tablets, donors 5 133

Offcers and assistants, appointment and removal 3 134

Payment by vouchers 5 134

Personal property 4 133

Powers and duties of trustees and assistants 5-6 34-1^5

President 5 133

Purchasing or leasing property 2 133

Real estate 4 133

Rules, regulations of library and branches 1 134

Salaries of assistants 6 134

Secretary 5 133

Surplus in funds not to go to surplus fund 16 34

Tax levy for 2 133

Trustees.

Continued in office 1 132

Meetings and proceedings 5 133

Quorum 5 133

Serve without salary 1 132

294

Index

Section or LIBRARIES (Continued) Subdivision

Trust for, administration 2

Vacancy in Board of Trustees, how filled 1

LIBRARY BONDS, sale of 10a

LICENSES,

Auditor to deliver to Tax Collector 5

Collections by Tax Collector 2

Examination of, by Tax Collector 4

Exhibition of 4

Income from, estimate 2

Police Relief and Pension Fund, payment into 11

Revocation of, by Tax Collector, when 4

Supervisors to impose and provide for collection.. 15

Tax Collector to make monthly report on 5

LIENS,

Actions to enforce 15

Bond of contractor 7

Lessee, street work expense 20

New street assessment 12

Street excavation expense 9

Warrants, street assessments 12

LIEUTENANTS,

Fire Department 1

Police Department 1-3

LIGHTING,

Acquisition of plants by City 1

Appliances, location and quality 13

Board of Public Works, charge of 3

Department of Electricity, supervision 6

Finance Committee examining corporations'

books, etc 4

Franchises, granting 7

Lamp designs, approving 10

Offers for sale of plants to City 2

Percentage of receipts 7

Poles, erection of, franchises 7

Public offices, bills for : 6

Rates to be established 14

Streets and public buildings, contracts for 6

Streets, parks, etc 3

Supervisors, power to regulate 13

Uniform rates, contracts 6

Wires for power, franchises 7

LIMIT,

Assessed valuation 33

Bonded indebtedness 9

Demands, presentation of 1

Dollar limit, taxation 11

Employees, number of 5

Expenditures, monthly 9

Extensions of time, contracts..... 21

Fire limits 5

Park tax 11

Progressive payments on contracts 21

School tax levy 1

Street assessments 8

Street improvements, special provision 33

Street work ordinance 33

Supplies, officers buying ...:. 5

Taxation, City and County purposes 11-13

Tax rate, sixty-five cents over dollar 13

Temporary appointment? 10

Paee 134 132 192

55

54 49 55 30 147 55 10 55

91

28 93

88 72 88

153 140-141

186

10

■ 70

159

17 19 208 186 20 19 28 10 27 70 10 27 19

99 190

43

33 216

31

76

9

208

77 131

83 99-100

99 216

33

34 198-199

. Index

295

Section or Subdivision

LINES, public ways and grounds 10

LIQUOR,

Licenses, police pensions 11

Police Commission may grant permits 3

LITIGATION, City Attorney settling 2

LOBOS SQUARE, use for exposition 13

LOCAL, laws, enactment by Supervisors 1

LOCATION, water, heat, light, etc., services 13

LOST PROPERTY 1-3

LOTS,

Method of assessing for street improvements 9

Ownership, ignorance of 9

School lots 11

School lots 3

Transfer to other departments 31

LOWEST BID,

Bonds, redemption of 3

Change of grade 9

Contracts for supplies 1

Official advertising 2

Repairs to streets , 16

Stationery supplies 3

M

MACADAMIZING, included under what 26

MACHINERY,

Cleaning and sprinkling of streets 29

Corporation store yard 32

MAILING, initiative petition 9

Notice,

Change of grade 13

Protestants, assessment district 5

Opening, etc., of streets 4

Street improvements 4

Resolutions of intention _ 3

Sample ballots 17

Street work notices 26

MAINS,

Franchise, no exclusive for laying 5

Laying in streets. Board of Public Works regulat- ing 1

MAINTENANCE,

Accepted streets 23

Fire alarm system : 1

Playgrounds 10

Police telegraph and telephone system 1

Public buildings 6

Public utilities 8

Public utilities 14

Sewerage and drainage systems 7

MAJORITY,

Frontage, street work 19

Frontage, street work 4

MAJORITY VOTE,

Amendments to charter 22

Bills and resolutions, passage 9

Bonds, street railway purchase 7a

Bonds unsold 10

Budget 3

Paee 208

147 136

58

209

8

10 143

83-84

103

127

132

13

37 116 24 25 92 27

95

97

98

179

118 81

102 80 79

170

17

94 159 212 159

71

71 193

71

75 79

o

38

191

30

296 Index

MAJORITY VOTE (Continued) Subdivision Page

Change of grade ordinance 17 120

Counting of ballots 19-21 171-173

Extension of time on contracts 21 76

Franchise grant 6 19

Initiative petition 6 178

Library trustees 6 133

Public utilities, acquisition of 4 188

Referendum elections 1-9 181-182

Sale of City lands 9 22

School lot lease 11 127

Sewer,

Construction 8 111

Cost exceeding certain unit 2 78

Lands for 6 111

Street,

Improvements, ordering 2 78

Opening, widening, etc 1 100

Work, Supervisors ordering 33 98

Suspension of officer 19 218

Tunnel, subway and viaduct construction 1 121

Urgent necessities fund, expenditures from 8 31

MANHOLES,

Crossing, hearing of objections 4 80

Included under what.....". 26 95

MANUFACTURERS,

License taxes 15 10

Patented pavement 26 95-96

MAPS,

Assessment district 5 82

Board of Public Works, custody 8 69

Street assessment 2 78

Subdivisions, new 28 96

MARSHAL, fire 1-5 1 53-1 54

MATERIALS,

Board of Public Works, satisfaction of 22 77

Bond of contractor , 7 28

Claim of materialmen against contractor 7 28

Cleaning of streets 29 97

Corporation store yard 32 98

Failure of contractor to pay for 7 28

Officer accepting inferior, penalty 4 27

Public utilities, municipally owned 8 71

Sewer construction 2 110

Specifications, in accordance with 22 77

Storekeeper 32 98

Urgent repairs to streets 30 97

Use of street in building construction 1 70

MATRONS,

Branch jail, appointment 2 62

Police, appointment 4 137

MAYOR,

Acquisition, public utilities 3 187

Acting Mayor, provision for 6 46

Additional deputies, etc., recommend, when 35 223

Agreements, performance of 3 46

Appointed officer, removal of 18-20 218

Appointments,

During period of suspension 18 218

Of deputies 1 45

Officers not otherwise specified 4 46

Under new charter, when 36 223-224

. Index 297

MAYOR (Continued) SubdivLfo'n Page

Arbitrators, franchise purchase 7a 37

Auditor's salary, auditing 13 42

Ballot, arrangement of office on 10b 168

Board of Education, appointment 1 124

Board of Health, appointment of seven members.. 1 160

Board of Public Works, appointment 1 68

Bonds,

Franchise bid, approval 6 18

Mayor, amount, approval by Auditor 1-2 213

Official 3 17

Official, approval of 1 213

Redemption of 7 37

Signing of , 11 192

Unsold, sale of 10 191

Budget 4 30

Charges against suspended officer 19 218

\Ciii^ executive officer of City 1 45

Civil Service Commission,

Appointment 1 195

Report 15 201

Contingent fund 35 13

Contracts to be executed by 5 27

Contracts to be supervised by 3 46

Defalcation by officers 4 17

Defalcation, suspension for 2 45

Demands, approval of 19 7

Deposit of public funds 2 50

Designs, approving .'. 10 208

Disability of, who to act as Mayor 6 46

,^^PtrttBS, and supervision of municipality 2 45

Elected officer, suspension 18-20 218

Election Commissioners, appointment of 1 163

V.-Election of 1 45

^.,^lection of, at what time 1 164

Employees 1 45

Employees, removal of, when 3 46

Ex-Mayors entitled to seat with Supervisors 2 4

Fire Commissioners, appointment of 1 149

Four-year term for 38a 225

Franchises.

Annulling of, action on 3 46

Grant, approval 6 19

Postponement for final action 3 46

Purchase 7a 37

Interest rate, deposits of public funds 2 50

Justice of Peace acting as Police Judge 12 66

Laws, enforcement of 2 45

Lease of city lands 32 13

Library and reading rooms, trustee 1 132

Litigation, dismissal 2 58

Military aid, may call for, when 2 45

Official Bonds,

Approval of 1-2 213

Approval of 2 213

Mayor's 2 213

Report to and action on 3 17

Officers,

Removal 18-20 218

Suspension 3 17

Suspension 2 45

Suspension 18-20 218

298 Index

Section or

MAYOR (Continued) Subdivision Page Ordinances,

Approval 16 6-7

Disapproving 16 6

Enforcement of 2 45

Parts of, objection to 14 6

Submitted to referendum by 2 181

Outside lands, school lots, sale of 11 23

Park Commissioners, appointment 3 204

Park employees' bonds 4 205

Playground Commissioners, appointment 2 210

Playground employees' bonds 3 210

Police Commissioners, appointment 1 135

President of the Board of Supervisors 5 46

Presiding officer, Board of Supervisors 5 5

Proclamation for municipal elections 9 168

Public utilities, acquisition, action on 3 187

Qualifications 1 45

Referendum, ordinance 2 181

, Removal of appointed officers 18-20 218

/Reports, annual, by departments 9 217

Requisitions, supplies 3 27

Riots, suppression of - 2 45

Salary of 1 45

Sale of City lands :. 9 21

School lot lease 11 127

Secretary to 1 45

Street railway franchise, purchase 7a 37

Supervisors, extra sessions of, may call 5 46

Supervisors, extra sessions of, may call 19 218

Suspension of Officers,

In certain cases 2 45

When 18-19 218

Tax limit, approved suspension of, when 13 33

Term of office 1 45

Treasurer's report on condition of treasury 2 49

Urgent necessities, expenditures 8 31

Vacancy in office of, how filled 6 46

Veto,

Annual budget, how and when 4 30

Separate items 14 6

Votes for office, how computed 25 174

Warrant and Bond Clerk, removal 7 65

MEDICINE, STUDY OP, privileges, San Francisco

hospital 7 161

MEETINGS,

Absence from 3 4

Attendance, compelling 3 4

Board of Education 3 124

Board of Public Works : 5 69

Board of Supervisors 6 5

Budget ■ 3 30

Election Commission, special, call of Registrar 3 177

Finance Committee 4 17

Fire Commission 4 149

Fire Pension Fund Commission 8 157

Mayor, attendance at 2 45

Park Commission 4 205

Playgrounds Commission 3 210

Police Commission 4 136

Police Pension Fund Commission 9 146

Public .,-,-., 6 5

. Index 299

Section or Subdivision Pnge

MEMBERS,

Board of Equalization 2 16

Board of Supervisors .- 2 4

Finance Committee 3 16

Fire Department 1 151

Police Department 3 135

MEMORIAL DAY, appropriation for celebration of. .. 18 11

MEMORIALS,

Erection 10 207-208

Tablets, donors 5 l33

MERIT, promotion for 1 142

MILEAGE FEES 11 41

MILITARY AID, may be summoned, when 2 45

MILITARY SERVICE,

Leave of absence, reinstatement 21 203

Pension right. Policemen and Firemen 43 226

MINIMUM WAGE,

Contracts, performance of 1 25

Laborers 24 11

Street railway franchise 7b 38-39

MISDEMEANOR, Finance Committee reporting to

Mayor ^ 4 17

MISFEASANCE BY OFFICERS, contracts 4 27

MISSION CREEK, sale of lands by City and County.. 9 20

MISSION PARK, playground 9 212

MODIFICATION (See Change)'

MONEYS (See also Funds)

Action to recover City's .' 14 43

All collected must be paid to Treasurer 34 223

Auditor,

Approval for payment of 3 47

To hold, due on contract 10 32

Warrant necessary to draw 6 31

Bail, accounting for 5 65

Change of grade assessments 12 118

City and County investing , 2 52

Collections of, paid into treasury 1 39

Court moneys 4 36

Custody, public moneys 1-11 39-41

Daily requirement to meet demands 3 52

Deposited daily in treasury, all to be 17 218

Deposit in banks 2 50-52

Disbursement of 15 34

District Attorney 2 60

Gold and silver, how to be kept •. 3 52

Licenses, collection and payment into treasury.... 2 54

Lost, stolen or unclaimed 1-5 143-144

On hand. Treasurer to take account daily 2 49

Only to be drawn by appropriations 6-7 31

Property Clerk depositing with Treasurer 5 144

Receipts for deposits counted as cash 2 51

Street assessments 8 107

Taxes, collection and payment into treasury 2 54

Treasurer,

Monthly report 8 41

Receipts 4 52

Receive and safely keep 2 49

300

Index

MONTHLY,

Demands, presented within one month

Expenditures, limit :

License reports

Salaries, payable

Treasurer's report on condition of treasury

MONUMENTS, approval by Park Commission

MORGUE,

Coroner to control and manage

Provision for by Supervisors

MOTION TO RECONSIDER

MOUNTAIN LAKE PARK, Jurisdiction, Park Com- mission

MOVING, buildings through streets

MOVING PICTURES, police officer detailed to

MUNICIPAL ELECTIONS

MUNICIPAL OWNERSHIP,

Acquisition of public utilities

Financial results of

Intention of the people

Public interest demanding

Street railways

Water works and sources

MUNICIPAL RAILWAY, -

Board of Public Works, charge of construction, operation, etc :

Geary street railroad employees preferred for appointment

Tunnel, subway or viaduct, joint or single opera- tion

MUNICIPAL UTILITIES,

Board of Public Works, control of construction

and operation 8

Data, plans, estimates to be furnished by Board of

Public Works 10

Experts 8

MUNICIPALITY (See City and County) MURAL DECORATIONS, approval by Park Commis- sion 10

MUSEUM,

Academy of Sciences 11

Gifts and control over 6

N NAVY,

Pension right, policemen and firemen 43

Service in, reinstatement 21

NEGLECT, NEGLIGENCE,

Board of Public Works 5

Contract for supplies, to enter into 1

Defective street or sewer 5

Of duty, suspension from office for 2

Officer,

To make daily deposits in Treasury 17

To make reports or returns, action by Auditor 6

To qualify within prescribed time 10

Repair to streets, making 18

Reporting violations 3

Supervisors enforcing public utility provisions 13

NEGOTIATIONS, acquisition of public utilities 4

Section or Subdivision Page
1 9 5 1 2 10	43 31 55 43 49 207
1 9 12	55 10 6
1 1 12 . 1-25	204 70 148 164-174
1 3 ' i 7a. 1	186 194 186 186 37 186
' 8	71
lib	200
5	123

71

72 71

207

208 206

226 203

3

24

3

45

218 48

217 93 46

193

188

Index

301

NEW,

Assessment

Assessment, street

Streets and subdivisions

Subdivisions

Positions, creation

Positions, designation

NEWSPAPER,

Official advertising ^ 13

Official newspaper (See Official Newspaper)

NINETY DAYS,

Claim of materialmen 7

Final passage, franchise grant 12

Franchise, street railway, final passage 6

NINTH STREET, sale of lands 9

NOES (See Voting)

NOMINATION,

Officers, municipal elections 5

Recall election 5

NON-RESIDENCE,

Civil Service provision 2

Creates vacancy in office 10

Forfeit right to police pension 5

Forfeiture of pension. Fire Department 6

NON-SECTARIAN, schools must be 1

NOTICES,

Advertising, official 2

Affidavit of publisher of official newspaper 26

Appeal from street assessment 14

Assessment for repaving on change of grade 12

Assessment on opening, etc., of streets 13

Award of contract by Board of Public Works 17

Bids rejected and proposals readvertised 5

Board of Public Works,

Posting and publishing all notices 6

Special meetings 5

Bond election 8

Census marshals, appointment of 7

Changes of Grade 1

Objections to, by mail 8

Payment of damages 13

Report 7

To be posted 1

City Attorney by Auditor, as to money due City..... 14

Civil Service Commissioners, appointments, etc 13

Civil Service examinations 6

Cleaning and sprinkling streets 29

Closing of streets, application 27

Completion of school house 1

Contract for public work, posting and publishing.. 14

Defective street, what to contain 5

Franchise purchase 7a

Funds available against liabilities 9

Heads of departments to Civil Service Commis- sion 9

Improvement of streets, posted along streets 3

Leasing of City lands 32

Materialmen, bill not paid 7

Mayor, to, violation of contract with City 3

Objections to assessment district, by mail 5

Objections to opening, etc., of streets 4

Section or
Subdivision	Page
11	104
12	88
28	96
28	96
41	226
2	196

29 6

19

20

165 183

215 217 146 156-157 129

26

96

89-90

117

104

73

27

69

69

190

126

113

115

118

115

112

43

201

197

97

96

132

73

3

37

31

198 79 13 28 46 81

102

302

Index

NOTICES (Continued) S^bdwfs

Opening, etc., of streets, report on 10

Owner, award of damages 15

Owners may do work within ten days after post- ing of 19

Paving between railroad tracks 24

Pension hearing, claim by police member's family 4

Permits, Police Commission, complaints 9

Posted or served, how 26

Posting and mailing of ». 3

Proposals for public work, to contain what 15

Protestants to improvement of streets, to be

mailed 4

Published in official newspaper 26

Recall election 4

Removal of appointed officer 20

Repairs to streets, bids for, to be posted three

days, to specify what 16

Repairs to streets, written to owner 16

Repaving, awards of contract, on change of grade 9

Sale of lands owned by City 9

School houses, repair of 2

Street railway franchises 6

Street work, publication 26

Supplies,

Proposals for, to contain what 1

Quantity and manner of delivery 3

Suspension of officer ' 19

Taxes, delinquent date 17

To pay money due City within twenty days 14

Treasurer to send bank before sale of bonds held

as security 2

Trial of police officer 3

NUISANCES,

Abatement of, by Board of Health 3-4

Supervisors, abatement and removal of 6

NUMBERS,

Coupons on bonds 11

Documents recorded 2

Initiative petition 2

Treasurer's receipts 4

O

OATHS,

All officers may administer 24

Auditor, by 6

Board of Public Works Commissioners adminis- tering 6

Civil Service Commission 1

Clerk of Supervisors to administer 7

Finance Committee, administering 3

Initiative petition 2

Opening, etc., of streets 6

Petition, charter amendments.. 22

Police Commission 8

Service, notices. Board of Public Works 22

Sponsors, candidates for office 5

OBJECTIONS,

Assessment district .,... 5

Board of Public Works, street improvement 2

Change of grade 8

n Pasre 104 108

75 94 145-146 138 96 79 73

80

96

183

218

84 91

116 21

132 18 96

21 23 218 35 43

51 142

160-161 9

192

56

175

52

219

48

102

195

5

17

175

102

8

137

94 166

81

78

115

Index 303

OBJECTIONS (Continued) S^uMivrsron P»e*.

Closing of streets 27 96

Hearing of 4 80

Opening, etc., of streets 4-5 102

Ordinances by Mayor 16 6

Overruling by Board of Public Works 4 '80

Overruling by Supervisors...'. 5 102

Owners, street improvement 4 79

Sale of City lands, by Supervisors 9 22

Subway, tunnel and viaduct assessment 2 122

Unimproved portion of street 4 80

OCCUPANCY, unsafe structures, preventing 6 9

OFFAL,

Conveyance to parks 4 9

Board of Health supervising disposition 3 160

OFFENSIVE SUBSTANCES, disposition of 3 160

OFFERS FOR SALE, public utilities to City 2 186

OFFICES (See Boards, Departments)

Ballot, arrangement on 10b 168

Books and records, open to public 13 217

Budget estimates 1 30

Civil Service emoloyees under and exempt 11 199

Employees, number, how limited 5 216

Finance Committee visiting and inspecting 3 17

Hours open for business 14 217

Officers elected to take office when 2 165

Police officers, tenure of during good behavior 2 135

Stationery for 3 26

Supplies, contracts for 1 24

Term of office (See Term)

Vacancy, appointment by Mayor 4 46

OFFICERS (See under official titles)

Absence from duties 6 48

Absence from State, limitation on 3 215

Accounts, examination by Auditor 10 41

Acts of employees, liable for 6 214

Additional deputies, provisions for 35 223

Annual reports to Mayor 9 217

Appointed, when and how removed 18-20 218

Appointment by Mayor where not otherwise spe- cified 4 46

Appointments of, to be in duplicate 22 219

Bonds.

Additional 5 214

Conditions in 3 214

To be given by 1 213

Books and Records,

Open to inspection 13 217

To be delivered to successors 12 217

Bribing,

Prohibited 8 216

Disqualifies ' 15 218

Charges, hearing 12 200

Citizenship requisite to appointment 2 215

Collusion with bidders 4 27

Compensation for election or appointment pro- hibited 7 216

Compensation limited to salaries only 3 39

Contract violation, duty to report 3 46

Contracts, not to be Interested in 6 216

Copies of records, etc., price certified .♦. 13 217

304

Index

OFFICERS (Continued) SuMi^i'si'o'^ti Pace

Custody of records 12 217

Default in accounting for City's money, etc 14 43

Demands, approval of 4-5 48

Deposit daily of moneys collected 17 218

Dismissing employees 12 200

Disqualified, when * 6-8 216

Duties, condition in official bond 3 214

Election of 1-12 165-170

Election of, when to take office 2 165

Election only of successors to those whose terms

expire in January following 38a 225

Embezzlement disqualifies 15 218

Experts, when 2 215

Extra assistants, employment of 12 42

False certifying on contracts, penalty 4 27

Pees, etc., to be paid into treasury 3 39

Fees, prohibited from receiving 2 39

Finance Committee investigating 3 16

Four-year term : 38a 225

Franchises, prohibited from being interested in. ... 6 216

Gratuities, penalty for accepting 8 216

Hours, office 14 217

Illegal payments, penalty 11 217

Increases in salary 41-42 226

Ineligible for office, when 15 218

Interest in contracts, etc., penalty for 6 216

Lease by or to City, interest in prohibited 6 216

Legislature, can not become a member of 4 216

Liability for acts of deputies 6 214

Liability for illegal payments .* 11 217

Liabilities on treasury, contracting 9 31

Materials or supplies, accepting inferior, penalty 4 27

Mayor to supervise official conduct of..... 2 45

Mileage fees, etc., report of 11 41

Misfeasance, removal 4 27

Moneys collected by, to be paid into treasury 1 39

Monthly reports of all official receipts 9 41

Neglect to make report, etc., action by Auditor 6 48

Neglect to qualify within prescribed time after

election or appointment causes vacancy.... 10 217

Nomination of 1-12 165-170

Not depositing funds collected, penalty for 17 200

Not to hold other salaried offices 4 215-216

Oaths, power to administer 24 219

Purchase by City, interested in prohibited 6 216

Recall of elected 1-13 182-185

Receipts, official 5 40

Residence for one year required 2 215

Residence outside city, when 2 215

Removal of 18-20 218

Removal of deputies by, when and how..,. 21 218-219

Salary,

Demands, approval 13 42

Monthly payment 1 43

Withheld from, for not making returns 6 48

Sale to or by City, interest in prohibited 6- 216

Sealer, weights and measures 1 57

Seals to be provided for 23 11

Stationery for, not to contain printed names of—. 3 23

Supplies for, how limited 5 216

Surrender, books, documents, etc 3 214

Index

305

OFFICERS (Continued) slTbdivufJn Page

Suspensions,

By Maj^or 2 45

By Mayor 18-20 218

Employee 12 200

Terms of (See Term)

Treasurer's receipts 4 53

Two salaried offices, penalty for holding 4 215-216

Vacancies in office of, how 10 217

Violation of duty, report to Mayor 3 46

OFFICIAL,

Advertising, contracts 2 25

Bonds (See Bonds)

Fees and charges, fixing 17 11

Newspaper (See Official Newspaper)

Pamphlets, municipal election 8 167

Reports, annual of each department 9 217

OFFICIAL NEWSPAPER,

Advertising bills and resolutions 13 6

Affidavit of publisher 26 96

Bond election 8 190

Bonds, sale of 10 191

Change of grade, notice of assessment 12 117

Circulation requisite 2 25

Closing of streets 27 96

Delinquent assessments 1 105

Existence, period 2 26

Grade changes 1 113

Official advertising 2 26

Opening of streets, notice 13 104

Park ordinances ?. 5 205

Sale of City lands 9 21

School Department supplies 2 128

School property lease 11 127

Streets, opening, closing, etc., notice 3 101

Street work notices, etc 26 96

Supplies^ proposals for 1 24

Treasurer's report on condition of treasury 2 49

OFFICIALS (See Officers)

OILS, enforcement of laws by Fire Marshal 4 154

OMISSIONS OF EMPLOYEES, officer liable for 6 214

ONE-TWELFTH ACT, expenditures '9 31

OPEN PUBLIC STREETS (See Streets)

OPENING OF STREETS 1-19 100-109

OPERA HOUSE, erection and ownership 10 23

OPERATING EXPENSES, public utility 1 194

OPERATION.

Exclusive right 5 123

Municipal public utilities, Board of Public Works

control of 8 71

Public utilities 14 193

Street railway, continuous 6 19

Street railway through tunnel, subway or viaduct 5 123

OPERATORS, Chief's, Fire Department 4 153

OPINIONS,

City Attorney rendering 2 58

City Attorney to keep file of 3 59

District Attorney to certain departments.... 2 60

ORDERS,

Advertising, official 2 26

Change of grade 17 120

Court to pay judgment 16 108

306

Index

ORDERS (Continued) Subdivision Paee

New assessment to be made 11 104

Police Court, execution of - 3 139

Property as evidence, production 4 144

Street Improvements 1 77

Street work by Supervisors 33 99

Tunnel, subway and viaduct construction 1 121

ORDINANCES,

Acceptance of streets 23 94

Acquisition of lands and municipal buildings 29 220

Additional employees 35 223

Adoption of by people 1 174

Advertising of 13 6

Advertising, official , : 2 26

Amendment, laid over one week after. 12 6

Amendments to 10 5

Approval by Mayor, how valid without 16 6-7

Assessments, streets 33 99

Ayes and noes 9 5

Board of Health to submit draft of 4 161

Board of Public Works, control over 9 70

Bonds,

Public improvements 29 220

Official 1 213

Public utility acquisition 4 188

Bridge construction 1 121

Change of grade, ordering 17 119-120

Chief of Police charged with execution of 3 139

Citation of. in presenting demands 13 42

City Planning Commission 42 14

Claims, revival of i 1 44

Closing of streets 27 96

Delinquency of taxes 17 35

Demands, ordinance authorizing to be cited on 13 42

Department of Electricity to enforce 6 159

Deposited with Clerk of Supervisors 17 7

Disapproval by Mayor 16 6

Dockage tolls 2 112

Drains 3 110

Election, bond issue, public utilities 6-8 189-190

Electric power rates, power to fix 14 10

Enacting clause 8 5

Existing in force under new charter 28 220

Exposition bonds 29a 222

Extending of streets 1 100

Final passage 9 5

Fire alarm station, Jefferson Square 6a 206

Fire Marshal charged with enforcement 4 154

Franchise grant 6 19

Franchise grant, ninety days lapse after intro- duction 12 6

Franchise, street railway, purchase by City 7a 37

Health, enforced' by Board of Health 4 161

Heating rates, power to fix 14 10

Initiative, passage by 1-16 174-180

Initiative, when goes into effect 6 178

Installments, payment for street assessments 33 99

Lease of City lands 32 13

Legislative acts of the City 8 5

Lighting rates, power to fix 14 10

Majority of Supervisors necessary to adopt 9 5

Index 807

ORDINANCES (Continued) sSIJrsrJn Paee

Materials, street work contracts 31 98

Mayor,

Must be presented to for approval of 16 6

Objection to part of by .- 14 6

Referendum 2 181

To enforce 2 39

Municipally owned public utilities, work on 8 71

Nuisances, abatement of 4 161

Official bonds 1 213

Opening of streets 1 100

Outside of City, payment for work.... 9 49

Park Commissioners may pass certain 5 205

Panama-Pacific Exposition 37 13

Panama-Pacific Exposition bonds 29a 222

Parts of ordinances, objection to 14 6

Passage by bill 8 5

People acting on by initiative 1-16 174-180

Petition,

Franchise grant to vote of people 7 20

Of electors (initiative) 1-16 174-180

Submission to people (referendum) 1-9 181-182

Power rates, fixing 14 10

Progressive payments on contracts 21 77

Publication of 13 6

Public Utilities,

Acquisition, special election 4-7 187-189

Acquisition, Supervisors passing without sub- mission to people 3 187

Municipally owned, work on 8 71

Rates, power to fix 14 10

Submission to people 1 181

Railroad tracks, paving 24 94

Railroads paving streets 28 12

Rates, power of Supervisors to fix 14 10

Recorded by Clerk of Supervisors 17 7

Re-enactment 10 5

Referendum, '

FYanchise grant 7 20

To the people 1-9 181-182

When goes into effect , 7 182

Rejection of by people 1 174

Repeal,

By ordinance approved by Mayor 18 7

For street improvements 27 220

Referendum election 7 182

Revision of 10 5

Revival of claims 1 44

Sale of lands owned by City 9 21

Sanitation 4 161

School lot lease 11 127

Sewers and drains 3 110

Sewers, lands for 9 111

Sixty days before becoming final 3 181

Special elections for issue of bonds .* 6-8 189-190

Squares and grounds, government of 5 205

Steam heat rates, power to fix 14 10

Steinhart Aquarium — 43a 15

Straightening of streets 1 100

im

Index

ORDINANCES (Continued) iahdWis'lon

Streets,

Assessments 33

Cleaning and sprinkling 29

Improvement full width 25

Improvement, ordering 2

Improvement, ordering 33

Opening, widening, etc 1

Paving by railroads 28

Railroad franchise, purchase 7a

Railways 27

Street Railways,

Purchase of franchise 7a

Regulation 27

S'ubject to be expressed in title 11

Subway construction 1

Supervisors,

Duty to enact in accordance with initiative

election 13

Power to enact and enforce 1

Referendum 2

Take effect, when 15

Taxes, delinquency of 17

Tax limit, suspension of 13

Telephone rates, power to fix 14

Title of to embrace entire subject 11

Tolls for wharfage 2

Tunnel construction 1

Veto, separate items 14

Viaduct construction 1

Violation of.

Fines 11

Jurisdiction, Police Court 2

Penalties for 16

Void if subject not expressed in title 11

Vote of people, franchise grant 7

Water rates, power to fix 14

Wharfage tolls '. 2

Widening of streets 1

ORNAMENTAL WORKS, approval 10

ORPHAN,

Fireman, pension 5

Receiving police pension 4

OUTSIDE CITY,

Acquisition of lands for water supply .'- 15

Appointees exempt from residence restriction 2

Exempt from Civil Service rules of persons so em- ployed 11

Payments for work 9

OUTSIDE LANDS, sale of school lots 11

OVERCOMING VETO, budget 4

OVERRULING,

By Board of Public Works 4

By S'upervisors 5

OVERTIME PAY,

Actual service only 33

Street railway franchise 7b

OWNERS (See Property Owners) OWNERSHIP,

Buildings, Civic Center 10

Ignorance of 9

Page

99 97 95 78 98 100 12 37 12

37

12

5

121

180

8

181

6

35

33

10

5

112

121

6

121

147

56

11

5

20

10

112

100

207

156

145

193

215

199 49 23 30

80 102

223 39

23 103

Index

809

Section or

Subdivision Page P

PAINTINGS, approval by Park Commission 10 207

PAMPHLETS, official, municipal election 8 167

PANAMA-PACIFIC EXPOSITION,

Auditorium, erection of 10 23

Bonds in aid of, may be issued 29a 221-222

Bonds in aid of not within debt limit 9 190

Closing certain streets 20 110

Control within exposition site 37 13

May use certain school lots 6 126

May use portion of Golden Gate Park 1 204

S'lipervisors to pass ordinances for 37 13

Use of Lobos Square temporarily 13 209

Use of portion of parks 6 206

PAPER, weight, quality, etc 3 26

PAR,

Bonds for sale under 10a 192

Bonds to be sold at not less than 10 191

PARALLEL STREET, new street distant from 28 97

PARENTS,

Firemen, pension 5 156

Police officer, receiving pension 4 145

PARKS, PARK COMMISSION,

Academy of Sciences may erect museum 12 208

Appointment of superintendents, surveyors, engi- neers, etc 6 205

Arches, approval 10 207

Art gallery, gifts and control over 6 206

Art works, acceptance and location 10 207

Bequests, receiving 8 207

Bonds, investing surplus of bequests in 8 207

Buena Vista Park, jurisdiction of Commission 1 204

Buildings,

Commission superintending erection 6 205

Leasing for use of public 6 206

Commissions,

Appointed by Mayor 3 204

Appropriations for parks, etc., to be expended

by 6 205

Approving works of art 10 207

Classification of 3 204

Compensation, receive none 3 204

Designs, approving 10 208

Exclusive control of parks, squares 6 205

Fund, consists of what 2 35

Fund, used for what purpose 2 35

Lands under control of .* 1 204

Meetings 4 205

Number of members of 3 204

Place of detention for persons arrested 7 207

President and Secretary 4 205

Quorum 4 205

Represented on Playground Commission 2 210

Successors to 2 204

Term of office, four years 3 204

Competitive bids for contracts 4 205

Contracts, provisions governing 4 205

Day labor, work by 4 205

Donations 2 35

Donations 8 207

310 Index

•

PARKS, PARK COMMISSION (Continued) sifbdivi'sfon Paee

Expenditures 2 35

Exposition or fair, when may be permitted 6 206

Fountains, approval by Commission 10 207

Fund,

Balance to ensuing fiscal year 5 36

Consists of what 2 35

Disbursement of 6 205

Used for what purposes 2 35

Gifts, receiving .'. 8 207

Golden Gate Park,

Jurisdiction over 1 204

State, exposition building 9 207

Great Highway, jurisdiction 1 204

Jefferson Square, fire alarm station 6a 206

Jurisdiction of Commission 1 204

Lease of any part of parks, restriction 6 206

Legacies, receiving 8 207

Lighting, Board of Public Works, control 3 70

Lobos Square, use for exposition 13 209

Memorials, erection 10 207-208

Mountain Lake Park, jurisdiction 1 204

Monuments and mural decorations, approval 10 207

Museum, gifts and control over 6 206

Offal, conveyance to..- 4 9

Ordinances for government of '5 205

Paintings, approval 10 207

Playgrounds, lands may be set apart for 9 212

Public buildings, jurisdiction over grounds sur- rounding 1 204

Rents 2 35

Rules and regulations 4 205

Salaries of employees 6 205

Sales of lands, specifically excepted 9 20

Sculpture, approval by Commission 10 207

S'eal Rocks, jurisdiction 1 204

Squares, jurisdiction 6 205

State of California, legse of ground to 9 207

Statues, approval..,.. 10 207

Surplus in fund not to go to surplus fund 16 34

Sweepings, street, for '. 4 9

Tax for support of 11 208

Tax levy, above dollar limit 11 33

Works of art, acceptance and location oL 10 207

PARTISAN (See Politics)

PASSAGE,

Bills and resolutions 8 5

Bills or resolutions disapproved by Mayor 16 7

Ordinance by bill 8 5

PASSENGER, rates and vehicles 7 9

PATENTED PAVEMENT, transfer of rights 26 95

PATROL DRIVERS, salary, pension IV. 142

PAVING,

Accepted streets 23 94

Changes of grade 1 113

Expense of, how assessed 2 83

Patent, prohibited, unless 26 95

Railroads, assessment for proportion 3 83

Railroads 28 12

Railroad tracks, procedure 24 94

What term includes 26 95

^Index

311

Section or Subdivision Page

PAWNBROKERS,

Permits 9 138

Supervision of Chief of Police 7 140

PAWNED PROPERTY, search by police officers 7 140

PAYMENTS,

Bonds 11 193

Changes of grade 13-14 118-119

Claims 1 43

Contractor demanding street assessment 13 88

Coupons ; 11 193

Delinquent assessments — 2 106

Demands on presentation 6 53

Demands, presentation for, within one month 1 43

Firemen's Relief Fund 8 157

General fund, out of :.... 37 224

Illegal, penalty 11 217

Installments, street assessments 33 99

Judgment, damages, opening, etc., of streets 16 108

Library Fund 5 134

Police Relief and Pension Fund 9 146

Progressive, on contracts 21 77

Public moneys into treasury 1 39

Salaries, monthly 1 43

Streets,

Opening, etc., damages 15 108

Work done 8 83

Work done, part or whole, out of City's reve- nues 2 101

Taxes 17 34

Treasurer, demands 5 53

Treasurer, only by demand 2 49

Tunnel, subway and viaduct assessments 2 122

PAYROLLS.

School Department 10 127

Verification by Civil Service Commission 19 202

Work outside of City 9 49

PEDDLERS,

Permits - 9 138

Supervision of Chief of Police 7 140

PENALTY,

Collusion in making bid 18 75

Collusion with bidders 4 27

Delinquent assessment 2 106

Illegal payments 11 217

Ordinances, violation of 16 11

Repairs to streets, refusal to make 18 93

Soliciting judge to dismiss case 3 64

Street railway franchises 7c 39

PENSIONS (See Fire Department, Firemen's Relief Fund, Police Department, Police Relief and Pension Fund)

PEOPLE, VOTE OF,

Acquisition of public utilities 2 186

Added liabilities 13 33-34

Initiative 1 174

Recall : 1 182

Referendum 1 181

PERCENTAGE,

Election, initiative petition 4-5 178

Limit of indehtedness 9 190

312 Index

PERCENTAGE (Continued) s^,bdiv?sron Page

Redemption, property sold for delinquent a-.sess-

ment 5 107

To be paid into treasury 3 39

PERCENTAGE OF RECEIPTS',

Finance Committee experting books • 6 19

Payment by corporations > 4 17

Payment, date fixed 6 19

Street railway franchises 6 18

PERMITS,

Auctioneers 9 138

Board of Public Works 1 70

Building material, use of street 1 70

Buildings through streets, moving 1 70

Businesses and callings 9 138

Cellars and vaults under sidewalks 1 70

Excavation of streets 9 71

Intelligence office keepers 9 138

Junk dealers 9 138

*Junk shop keepers 7 140

Liquor, sale of 3 136

Pawnbrokers 9 138

Peddlers 9 13$

Police Commission 3 136

Police Commission hearings 9 138

Sale of liquor less than quart 3 136

Second hand dealers 9 138

Sewer connections 4 110

Spur and side tracks 3 9

Street excavations 8-9 71

Temporary fences 1 70

PERSONAL PROPERTY,

City and County, sale 38 13

Public libraries 4 133

Recovery of City's 14 43

Schools, sale 12 127

School department 6 125

Sewer construction, purchase for 1 111

PETITIONS,

Acquisition of public utilities 3 186

Amendments to Charter 22 7-8

Change of grade 2 114

Closing of streets 27 96

Failure to make waives claim 2 114

Franchise grant, vote of people 7 20

Initiative of the people 1-16 174-180

Pension, Fire Department 5 156

Pension, Police Department 3 145

Police officer's family for pension 4 145

Referendum, public utility measure 3 181

Signatures to 2-3 175-177

Street assessment 4 81

Street improvement 4 79

PHYSICAL TEST, police officers 3 135

PHYSICIANS,

Board of Health 1 160

Exempt from Civil Service 11 199

San Francisco Hospital 6-7 161

PILING, included under what..... 26 95

PILOTS, fire boats 1 153

Index

313

Section or

Subdivision Page PIPES,

Acceptance of street, to be laid before 23 94

Acquisition of lands for 15 193

Conditional acceptance of street, when 23 94

FYanchise, no exclusive for laying 5 17

Laying in streets, Board of Public Works 1 70

PLACES OF AMUSEMENT, police officer detailed to 12 148

PLANKING, included under what 26 95

PLANS,

Change of grade 9 116

Public buildings 6 71

Public improvements 10 72

Public utility construction„ 1 186

School houses 1 131

Water works and sources 1 186

PLATOON SYSTEM, TWO 11 151

PLAYGROUNDS,

Bonding employees 3 210

Budget provision 10 212

Commission,

Appointed by Mayor 2 210

Disbursement of funds 5 211

Meetings, organization, quorum, president 3 210

Powers of 5 211

Park Commission represented on Board 2 210

Terms and qualifications of 2 210

Voting 10 212

Donations 6 211

Employees 3 210

Expenditures 10 212

Lands for,

Park Commission may set apart 9 212

Purchase 5 211

Supervisors may set aside 8 211

Management of 1 210

Police detail for 7 211

Rules of 3-4 210

Sales of lands, specifically excepted 9 20

Secretary, appointment 3 210

Secretary, duties of 10 210

Structures, erection 5 211

PLEADINGS,

City Attorney 2 58

District Attorney 2 60

Police Court 64

PLOTTING, public ways and grounds 10 208

POLES, regulating erection 1 70

POLICE,

Chief (See Police Department) Commissioners (See Police Department) Judges (See Police Court)

Laws, enactment 1 8

Officers (See Police Department) Pensions (See Police Department)..

Powers, Tax Collector and deputies 4 55

POLICE COURT,

Attorneys practicing in, must be qualified 16 67

Bail bonds 5 65

Bailiffs, police officer attending as 14 67

Bondsmen in actions in 7 64

314 Index

Section or POLICE COURT (Continued) Subdivision Page

Calendar, calling 10 66

Calendar of arrests 13 66

Chief of Police, detail to attend 5 139

Civil Service, employees under 11 199

Clerks appointed by County Clerk 2 61

Clerks, duties 10 66

Complaint, amending 4 64

Concurrent jurisdiction with Superior Court 2 63

Contempt of Court 3 64

County Clerk to act as clerk of 1 61

Creation of 1 63

Demurrers to complaint 4 64

Dismissal of cases restricted 1 64

District Attorney to conduct cases in 4 65

District Attorney to prosecute all actions In 2 60

Divided into departments 1 63

Exclusive jurisdiction of what 2 63

Four judges to constitute 1 63

Interpreters, compensation 20 11

Judgments by 1 63

Judges,

Ballot, arrangement of office on 10b 168

Election, at what time 1 164

Election, qualifications, terms, salaries 1 63

Powers of 2-3 63-64

Terms of those elected in 1898 17 67

Jurisdiction of 2 63

Justices of Peace may act in, when 12 66

Orders of, execution 3 139

Papers on appeal, how served 9 66

Presiding judge of 1 63

Proceedings, rules governing 3 64

Prosecuting attorneys for 4 65

Release of prisoners 5 65

Right of appeal, when lost to defendant 2 64

Rules and regulations by judges 15 67

Seal of 23 11

Sessions 1 63

Soliciting judge to dismiss case 3 64

Settlement on appeal, judge to settle 2 64

Stenographers, appointment, compensation, etc... 11 66 Testimony to be taken before case dismissed or

fine imposed 1 64

Trial of cases, in what order 5 64

Trial of cases, prompt and steady 6 64

Warrant and Bond Clerk 5-8 65-66

POLICE DEPARTMENT,

Age, members 3 135

Aged and infirm members, retirement 2 144

Amusement places, etc 12 148

Appointments,

Civil Service, present and future 1 144

Powers of Commissioners 1 136

Regardless of religion or politics 3 135

Auctioneers, permits 9 138

Bailiffs, Police Court 5 139

Buildings, repairs, etc., tax limit suspension 13 33

Businesses or callings, permits 9 138

Captain of Detectives 6 141

Captains, number, duties 1-2 140

index 315

POLICE DEPARTMENT (Continued) SuwJvrsfJn Page

Charges against members, fair trial 3 142

Chief of Police,

Absence, substitute 4 139

Appointment, term, salary 1 139

Calendar of arrests 13 66

Chief clerk 5 139-140

Chief executive officer of department 3 139

Civil Service, exempt from 11 199

Control, manage and direct police force 1 139

District Attorney to advise 2 60

Fund for contingent expenses 6 140

Law books and regulations 4 139

Ordinances, execution of 3 139

P6wers and general duties of 1-7 139-140

Suppression of riots 2 139

Suspension temporarily of policemen 1 139

Chief Clerk 4 139-140

City Attorney's office, officer detailed to 5 59

Civil Service, members under 11 199

Civil Service to govern new appointees only 1 144

Commissioners,

Appointed by Mayor 1 135

Ayes and noes 4 136

Classification of 2 135

Department of Electricity, joint control 1 159

Ineligible to any elective office, when 31 222

Management of department 1 135

Meetings 4 136

Official bonds , 2 213

Political interference, cause for removal 32 222

Powers of :.. 1-7 ' 136-137

Present, succeeded by 3 136

President of board 4 136

Qualifications, term, salary 1-2 126

Restriction as to political party * 2 135

Sessions and executive sessions 4 136

Trustees, Police Relief and Pension Fund 1 144

Consists of what _ 1 135

Contingent fund 6 140

Corporals, salary, number, duties 1-5 140-141

Detectives, detail, number, salary, etc 6 141

Disbursements 6 140

Dismissals, trial, how conducted 3 142

Dismissing or disrating members, power of Com- missioners 1 136

District Attorney to advise 2 60

Execution of laws and process 3 139

F^nes on members 2 142

Fire Marshal, exercising functions of police officer 4 154 Health officers, police officers are by virtue of

office 3 142

Hearings,

By Commissioners 8 137

Liquor permits 3 136

Heroic conduct, reward 8 146

Innocent, insane and intoxicated persons, prop- erty taken from 1-2 143

Intelligence office keepers, permits 9 138

Investigation of matters in department 8 137

Jefferson Square, signal station 6a 206

316

Index

POLICE DEPARTMENT (Continued) s1fbdiv"si*on Page

Junk shop keepers 9 138

Lieutenants, salary, number, duties 1-3 140-141

Liquor, sale of, permits 3 136

Lost property 1 143

Matrons, appointment of 6 137

Mayor, command of, in certain cases 2 45

Members, Officers,

Appointment, promotion, suspension, dismis- sal 1 136

Fining 2 142

Hold office during good behavior 2 135

Physical test 3 135

Proportion to inhabitants 1 141

Qualifications, age, character 3 135

Salaries 1 141

Special officers 4 137

Subordinate officers 1-6 140-141

Trial before dismissal or punishment 3 142

Two dollars a month to pension fund 11 147

Meritorious public service 1 142

Military service, absence on 43 226

Money, lost, stolen or unclaimed 1-5 143-144

Organization of 1-3 135

Parks, service in ;. 7 206-207

Patrol drivers IVo 142

Pawnbrokers, permits 9 138

Pawned property, supervision over 7 140

Peddlers, permits 9 138

Pensions,

Absence, military service 43 226

Active member for twenty years 2 144

Age requisite 2 144

Basis of payment 2 144

Ceasing, when 2-3 144-145

Children, orphan, parents, family, receiving.... 4 145

Commissioners, powers, meetings 9-10 146-147

Death after ten years service, amount paid in 6 146

Death from injury within three years 4 145

Disabled members, when may be pensioned.... 2-3 144-145

Each member, two dollars a month to fund.... 11 147

Family of member killed in service 4 145

Forfeiture of right to 5 146

Fund (See Police Relief and Pension Fund)

Hearings by Commissioners 4 145-146

Injury in discharge of duty 3 145

Killed in service 4 145

Qualifications requisite 2 144

Revenue, sources of 11 147

Rules and regulations 7 146

Unanimous vote of trustees 2 144

Widow receiving 4 145

Permits for sales of liquor 3 136

Permits, inspection of 9 138

Physical test, members 3 135

Playgrounds, detail for 7 211

Police Court, detail to 5 139

Politics,

Abstaining from 32 222

Assessment for 32 223

Interference, penalty 32 223

Preferences, appointments without regard to.. 3 135

Index 317

POLICE DEPARTMENT (Continued) s^fbdiWsrJn Page

Present members continued 1 144

Prisons 1 139

Promoting members, powers of Commissioners.... l 136

Promotions, how made 1 142

Property,

As evidence 4 144

Clerk (S"ee Property Clerk)

Lost, stolen or unclaimed 1-5 143-144

Punishment of members 2-3 142

Records not subject to inspection except by per- mit 13 217

Relief and Pension F\ind 1-13 144-148

Religious preferences, appointments without re- gard to 3 135

Retiring members from service 2 144

Reward for heroic conduct 8 146

Rules and regulations for government 2 136

Salaries,

Captains, lieutenants, sergeants and corporals 1-6 140-141

Chief of Police 1 139

Chief's appointees 5 139-140

Commissioners 1 135

Detectives 6 141

Monthly payment 1 43

Officers 1 141

Patrol drivers 1% 142

Secretary 4 136

Sale of unclaimed property 3 143

Search and keep property of prisoners 2 142

Second hand dealers, permits 9 138

Secretary, custodian of records 2 138

Seniority of service 1 142

Sergeants, salary, number, duties 1-4 140-141

Service,

Restoration to , 3 145

Retirement from 2 144

Signal system 5 159

Special meetings 2 138

Special officers, appointment of, when 4 137

Stolen property 7 140

Subordinate officers 1-6 140-141

Subpoenas, detail to serve 24 219

Surgeon, appointment, salary 7 137

Suspending members, powers of Commissioners.... 1 136

Telephone and telegraph system 1-5 159

Telephone and telegraph system : 6a 206

Tenure of office during good behavior 2 135

Trials by Commissioners 8 137

Unclaimed property 1-5 143-144

Violation of rules 2 142

Weapons 2-3 142-143

POLICE RELIEF AND PENSION FUND.

Amusement places, fee for detail 12 148

Annual report of, by Auditor 13 148

Balance of ensuing fiscal year 5 36

Basis of pension : 2 144

Budget appropriation 7 146

Creation of 1 144

Deficiency, provided for In tax levy 13 148

Expenses of Commission 10 147

List of liabilities quarterly 9 147

318 Index

POLICE RELIEF AND PENSION FUND (Cont'd) sSi^rsro^'n Page

Patrol drivers li/^ 142

Sources of revenue, fines, licenses, etc 11 147

Surplus in not to go to surplus fund 16 34

Surplus of, how applied 13 148

Trustees of. Police Commissioners 1 144

Two dollars a month from pay of each member... 11 147

Unclaimed property, proceeds from sale 3 143

Warrants on 9 146

POLITICS,

Assessment or levy forbidden 32 223

Board of Public Works, Commissioners 1 68

Election Commission 1-2 163

Fire Commissioners 2 149

Fire and Police Departments, abstaining from 32 222-223

Fire Department members 7 150

Not essential to appointment li^ 215

Police Commissioners 2 135

Police Department appointments 3 . 135

Registrar of Voters and deputies abstaining from 2 163

School directors 1 124

PORTALS OF TUNNELS, lands for 2 122

POSITIONS,

Abolishing, reporting to Civil Service Commission 13 201 Army or navy, eligib'les mustered into, reinstate- ment 21 203

Changes in 13 201

Compensation for obtaining, prohibited 7 216

Continuance in, former employees of public utility lib 200

Creating 13 201

How filled 9 198

New, creation 41 226

Notice of vacancy to Civil Service Commission 9-10 198

POSTING,

Changes of grade notices 1 113

Notices, Board of Public Works : 14-17 73-74

Notices, repairs to streets 16 91

Opening, etc., of streets, notices 3 101

Street improvement resolution 3 79

Street work notices 26 96

POSTPONEMENT,

Sale of delinquent assessments 3 106

Taxes, delinquency 17 35

POUND, providing and regulation 8 10

POWER,

Acquisition of power plants by City 1 186

Department of Electricity to enforce ordinances.... 6 159

Franchises 7 19

Offers for sale of plant to City 2 186

Percentage of receipts 7 20

Poles and wires for, franchises 7 19

Rate fixing by Supervisors 14 10

Supervisors, regulating 13 10

Wires, laying, regulating 1 70

POWERS,

Acquisition of lands for water purposes 15 193

Finance Committee 3 16

Fire Marshal 3-4 154

Judges, Police Court 2-3 63-64

Legislative, vested in Supervisors 1 4

Index

319

POWERS (Continued) s^u'bdlvrsrjn

Of boards, commissions, departments, officers (See under respective departments and officers)

Public Administrator 1

Public service corporations, investigating 4

Rate fixing 14

Sewer construction 2

State Superintendent of Weights and Measures 3

Streets,

Changing grades 1

Opening, extending, etc 1

Supervisors ordering improvements 33

PRECEDENCE,

Bond issue election not to take precedence of ini- tiative election 11

Change of grade warrants 15

Condemnation suits 16

Payment of demands by Auditor 9

Payment of demands by Treasurer 6

Payment, warrants, opening, etc., of streets 17

PRECINCTS,

Board of election officers 18

Initiative petition 2

Registration 5

PREFERENCE,

Appointment, eligibles discharged from military

service 21

Geary street railway employees for appointment.... 11

Public utility bonds, smallest subscribers 10

Sweeping of streets by hand 29

Voter expressing in similar initiative measures 7

PREMIUM, official bonds 2

PRESIDENT,

Board of Health 1

Board of Public Works 2

Board of Supervisors 5-6

Election Commission 3

Library Trustees 5

Park Commission 4

Playground Commission 3

Police Commission 4

PRINTING,

Advertisement for bids 3

Ballots 10

Bids for public work 16

Candidates' statements 8

Contracts for 1

Forms for 3

Included under incidental expenses 26

Initiative petition 2

Recall election 6

Requisitions for 3

PRIORITY, demand, one over another (See Prefer- ence) 8

PRISONERS,

Delivery by Sheriff to State prisons , 1

Police officer to search and take belongings from.. 2

Release of 5

Page

61

17

10

110

57

112

100

98-99

180 119 108 31 53 109

170 176 164

203 200 190 97 178 213

160 68 46 164 133 205 210 136

26

168

73

167

24

26

96

175

183

26

49

62

142

65

320 Index

PRISONS, Subdivision Paee

Control of Chief of Police 1 139

Establishment, maintenance of 11 10

State 1 62

Supplies, contracts for 1 24

PRIVATE CONTRACTS,

City not liable for any portion of expense 22 77

Owners, street improvements 19 75

Unfinished portion of work, reletting 20 75

PRIVATE SALE, City lands 9 21

PROBATION,

Appointment on 10 198

Department of Electricity employees 3 159

PROCEDURE, PROCEEDINGS,

Additional employees 35 223

Board of Public Works 6 69

Board of Public Works instituting 4 81

Board of Supervisors 2 4

Bond issue, public utilities 5-15 188-193

Bridge construction 1-6 121-123

City Attorney instituting or defending 2 58

Closing streets 1-19 100-109

Combining proceedings 3 122

Continuance of 5 102

Delayed by objections of owners 4 79

Delinquent assessments, opening of streets 14 105

Deposit of public funds in banks 2 50

Dismissals 12 20

District Attorney 2 60

Errors in 14 90

Extending streets 1-19 100-109

Finance Committee 4 17

Fire Pension Fund Commissioners 8 157

Franchise, street railway, purchase by City 7a 37

Harbor and wharf construction, etc 1 112

Journal of proceedings 2 4

Library Trustees 5 133

Opening streets 1-19 100-109

Police Court 3 64

Police Pension Fund Commissioners 9 147

Positions, filling 9-10 198

Public utilities, acquisition of 1-16 186-194

Public work contracts 14 73

Railroad tracks, paving 24 94

Recall of officers 1 182

Repairs to streets 16 91

Sale of lands owned by City 9 20

Sewers, condemnation of property 9 111

Stopped by objections 5 102

Streets,

Assessment lien action 15 91

Charter provisions not exclusive 33 98

Excavations 8 71

Grades, change of.: 1-17 112-121

Opening, extending, straightening, widening,

etc 1-19 100-109

Subway, tunnel and viaduct construction 1-6 121-123

Suspensions 12 20

Unimproved portion of street 4 80

PROCLAMATION, municipal elections 9 168

Index

321

PROFESSIONAL SERVICES, »fuMiv?8ron Page

Exempt from Civil Service 11a 199

Municipally owned public utilities 8 71

PROGRESSIVE PAYMENTS, on contracts 21 77

PROMISES, for appointment or position 7 216

PROMOTION, Civil S'ervice,

Basis 8 198

Notice of 13 201

Rules 3 196

Examinations for 8 198

Meritorious public service 1 142

Police Commission, powers 1 136

Police Department 1 142

Pupils, schools 4 129

Seniority of service 1 142

Teachers 2 125

PROPERTY,

Action to recover City's 14 43

As evidence in court 4 144

City and County (See City Property)

Condemnation, opening of streets 1 100

Damages to, liability 5 2

Delinquent assessments, sale of 14 105

District Attorney to purchase at execution sales.... 4 60

Fire Marshal, charge of and protect 2 154

Fire Marshal, saved from fire, sale 4 154

Levied upon or under execution, purchase 34 13

Lost 1 143

Method of assessing for street improvements 9 83-84

Officials surrendering on expiration of term 3 214

Ownership, ignorance of 9 103

Pawned property 7 140

Prisoners' 2 142

Property Clerk have custody of unclaimed, lost or

stolen 1 143

Public use, power to condemn 12 10

Sale on delinquent assessments 1 105

Sewer construction, acquisition 9 111

Sold on execution, lessee redeeming 20 93

Stolen 1-5 143-144

Tunnel, subway and viaduct construction 2 122

Unclaimed 1-5 143-144

Vested in City and County 3 2

PROPERTY CLERK,

Appointment of and salary 5 139-140

Custody of lost, stolen or unclaimed property 1 143

Deposit of money and valuables with Treasurer 5 144

Destruction of firearms 3 143

Fees for detail of policeman 12 148

Money to be returned to accused, when 2 143

Official bond 2 213

Property of prisoners 2 142

PROPERTY OWNERS,

Appeal to Supervisors, street assessment 4 81

Applications, street improvements 2 77

Change of grade, estimate of damages 2 114

Closing of streets 27 96

Conflicting titles 9 103

Defined 19 93

Doubt as to ownership 9 103

322

Index

PROPERTY OWNERS (Continued) slfbdiWsfon Page

Grading credits 9 85-86

May do street work or let contract 19 75

Obligation on, to repair street until acceptance 16 92

Opening, etc., of streets, objections 4-5 102

Protest, street improvements 4 79

Repairs to street not yet accepted 16 91

Sewer construction 7 111

Tunnel, subway and viaduct assessments 2 122

Unimproved or ungraded portion of street 4 80

Work done by excepted from assessment 9-10 86

PROPOSALS,

Bonds, redemption of.. 7 37

Bond sale 10 191

Fire Department, provisions governing 4 152

For supplies 1 24

Penalty for collusion 18 75

Public work 15-17 73-75

School Department supplies 2 128

Stationery supplies 3 26

PROSECUTION, .

Actions by City Attorney 2 58

Board of Education 8 126

District Attorney...... 2 60

Forfeited bond, change of grade 9 116

Police Court 2 63

Repairs to streets, penalty 18 93

PROTECTION,

Lives and health 3-4 160-161

Property by Fire Marshal 2-3 154

PROTESTS (See Objections)

PUBLIC,

Aquarium 43 15

Books and records of departments 13 217

Civil Service examinations 4 196

Discourteous treatment of the 12 201

Funds (See Funds) Grounds, ways and places.

Control by Supervisors 2 9

Government of 5 205

Lines, grades and plotting 10 208

Health protection of 3-4 160-161

Improvement bonds 29-29yo 220-221

Institutions (See under appropriate titles)

Interest and convenience 4 81

Lands (See Lands)

Library and reading rooms (See Libraries)

Meetings, Board of Public Works 5 69

Meetings of Supervisors 6 5

Moneys (See Moneys) Property (See Property) Schools (See Schools)

Service, investigation by Civil Service Commis- sion 13 201

Use,

Acquisition of property for 12 10

Building in park 6 206

Judex 323

Section or Subdivision Page PUBLIC ADMINISTRATOR.

Ballot, arrangement of office on 10b 168

Election, at what time 1 164

Election, term, powers, etc.^ 1 61

Fees for compensation 1 61

Pour-year term for 38a 225

Moneys of, special deposit fund 4 36

Official bond ^ 2 213

PUBLIC BUILDINGS,

Approaches, approving designs 10 208

Arches, bas relief, commemorative, mural and or- namental works, approval 10 207

Bond issue for construction 29 220

Civic Center, sites for 10 23

Cleaning of, by Board of Public Works 4 71

Construction and repair of 6 71

Construction of, when exceeding revenue of City.... 29 220

Contracts for lighting 6 27

Designs, approval of 10 208

Employees 4 71

F^re Department buildings, construction and re- pair 6 71

Fountains 10 207

Fund, balance to ensuing fiscal year 5 36

Janitors 4 71

Lamp designs 10 208

Libraries, public 6 134

Lighting of 6 27

Monuments and memorials 10 207-208

Paintings, acceptance by Park Commission 10 207

Park Commission, jurisdiction over grounds sur- rounding 1 204

Plans, approval 6 71

Repairs, supervision ^ 6 71

Repairs, tax limit suspension 13 33

Sanitary supervision -. 3 160

School houses 1-2 131-132

School houses, construction and repair 6 71

Sculpture, statues, stained glass ^ 10 207

State building. 10 23

Works of art 10 207

PUBLIC UTILITIES,

Accounts of, books to be kept 3 194

Acquisition,

Election 4 187

Neglect or refusal to enforce charter provi- sions 13 193

Of lands for water works 15 193

Ordinance of intention 5 188

Out of annual revenue 4 187-188

Petition ^ 3 186

Public interest demanding 1 186

Soliciting offers to sell 2 186

Submission by Mayor and Supervisors to

people 4 187

Submission to vote of people 3 186

Supervisors passing ordinance without sub- mitting to voters 3 187

Appropriations from earnings 1 194

324 , Index

PUBLIC UTILITIES (Continued) Sul^diWskTn Page

Board of Public Works,

Control and superintend City owned utilities.. 8 71

Plans and estimates 1 186

Supervising work in streets 1 70

Bonds,

Denominations, form, interest, redemption 10 190

Exempt from taxation 10 190

Ordinance 6-8 189-190

Sale of 10 191

Special election 5-8 189-190

Civil Service, employees under 11 199

Completion of 14 193

Cost exceeding annual revenue 4-5 188-189

Cost paid out of annual revenue 4-5 187-188

Earnings 16 193-194

Earnings, municipally owned, disposition in tax

levy 12 33

Election,

Majority vote, when 4 188

Mayor submitting separate proposition 3 187

Ordinance calling special election 6-8 189-190

Questions to be submitted 6 189

Separate proposition for each utility 3 187

Supervisors calling special 4 187

Supervisors to submit 3 187

Two-thirds of votes 4 188

Employees, former, to be retained lib 200

Estimates from Board of Public Works 10 72

Estimates for, procured through City Engineer 1 186

Extensions out of earnings 1 194

Finance Committee examinicfg books, etc 4 17

Franchise, submission to people 1 ISI

Funds 16 193-194

Improvements out of earnings 1 194

Indebtedness, limit on 9 190

Interest out of earnings 1 194

Lease of, submission to people 1 181

Limit of indebtedness 9 190

Maintenance by City 14 193

Mayor submitting proposition to people 3 187

Municipal ownership, intention of the people 186

Municipally owned, control over 8 71

Neglect of Supervisors to carry out provisions 13 193

Negotiations, Supervisors entering into 4-5 188

Offers for sale to City 2 186

Opening streets, deposits 9 71

Operating expenses, payment of 1 194

Operation by City 14 193

Ordinance calling election 6-8 189-190

Ordinance of intention 5 188

Percentage of gross receipts, payment to City 4 17

Petition for acquisition of 3 186

Plans and estimates of cost of construction 1 186

Power to acquire 14 193

Purchase by City 7a 38

Purchase of existing, to be considered 2 186

Rate fixing by Supervisors 14 10

Receipts from, accounting of, used how 16 193-194

Reconstruction and repairs out of earnings 1 194

Referendum to the people 1 181

Reserve fund 1 194

Index

325

PUBLIC UTILITIES (Continued) s^.MMsfon Pace

Sale by City 14 193

Sale of, submission to people 1 181

Sinking fund out of earnings 1 194

Special election 4-8 187-190

Street excavations 9 71

Submission to the people 1 181

Supervisors,

Failure to enforce Charter provisions 13 193

Power to regulate 13 10

Submitting proposition to people 3 187

Surplus earnings 12 ' 193

Taxes,

Acquisition from current 4-5 188

Levy to acquire 14 193

Levy to meet interest and principal 12 193

Water works and sources, estimates of cost 1 186

PUBLIC WORK.

Acceptance of work 22 77

Board of Public Works, control over 9 70

Contract, to be done by 14 73

Data, plans, estimates, Board of Public Works 10 72

Designs, approval of 10 208

Incidental expenses (See Incidental Expenses)

Outside of City 9 49

Penalty for collusion in bids for work 18 75

Private contracts 19 75

Public utilities municipally owned 8 71

Under five hundred dollars without advertising 14 73

Urgent necessity without advertising 14 73

PUBLIC WORKS, BOARD OF,

Acceptance of streets 23 94

Acceptance of work 22 77

Adjourned meetings, business at 5 69

Advertisement for proposals for public work 15 73

Affidavit by contractor 6 82

Appeal, street assessment 14 ' 89

Applications, street improvements 2 77

Appointees of 13 73

Assessment district 5 81

Assessment,

Grade change 5 114

How made in special cases 10 86

Method of, establishing 10 87

Not to exceed certain amount 8 83

Roll 12 104

To be authenticated 11 87

Warrants for 12 87-88

Ayes and noes 5-6 69

Bids for public work 16 73

Bonds, employees 4 68

Building construction, supervision of 5 71

Building material, use of street 1 70

Buildings through streets, moving 1 70

Cellars under sidewalks 1 70

CHianges in street grades 1-17 112-121

Check accompanying bid 17 74-75

City Attorney to draw contracts 21 76

City Engineer, appointment of 11 72 /^

Civil Service, employees under 11 199

Cleaning of streets 29 97

^^6

index

PUBLIC WORKS, BOARD OF (Continued) s^uMi?"si'o''n Paee

Cleaning of streets 3 70

Cleaning, public buildings 4 71

Closing of streets 3-19 101-109

Commissioners,

Administering oaths 6 102

Appointed by Mayor 1 68

Compensation, duties, bonds 3-4 68

Different political parties 1 68

Duties 7 69

Official bonds 2 213

Qualifications, salary, term 1 68

Restriction upon occupation 1 68

Conduits, control of 7 71

Construction, public buildings 6 71

Construction, regulating 1 70

Contracts,

Awarding of 17 74

Extensions of time on 21 76

For unfinished work, reletting of 20 75

Must exempt City of liability 22 77

Public work to be done by 14 73

Control of, matters under 9 70

Copies of records 21 94

Corporation store yard.... 32 98

Credits to owners for grading 9 86

Custody of maps, surveys, contracts, etc 8 69

Data, plans, estimates to be furnished by 10 72

Day labor, excavations 9 72

Decision final and conclusive 4 80

Deed for delinquent property 6 107

Defective street or sewer, repair 5 3

Deficiency in fund 16 109

Designs, approval of 10 208

Disapproval, street improvement 2 78

District, assessment 5 81

District, for street improvements 11 87

Drainage system, devising 1 110

Drains, regulating construction 1 70

Encroachment on sidewalk of structure, prohibited 1 70

Equipment, sprinkling of streets 29 97

Erection of poles 1 70

Estimate,

Change of grade 3 114

Public improvements 10 72

Street improvements 2 78

Excavating streets, permits for 9 71

Expenses of, year ending June 30, 1900 37 224

Experts, municipally owned utilities 8 71

Extending streets 6 102

Extension of time, contracts 21 76

Failure, carrying out private contract, street work 19-20 75 Fire Department buildings, construction and re- pair 6 71

Fire Wardens, report 1 154

Foreclosure of lien, street assessment 12 88

Garbage, disposal of 7 64

Gas mains, regulating laying 1 70

Grade changes 1-17 112-121

Grading credits 9 85-86

Hand sweeping of streets, preference 29 97

Index

327

PUBLIC WORKS. BOARD OF (Continued) s^iMW^rjii Page

Harbor, construction and repair 1 112

Head of each department, appointment of 13 73

Hearing of objections 4 80

Janitors, public buildings, appointment 4 71

Liability, negligence, defective street 5 3

Lien, street assessment, foreclosure 12 88

Lighting streets, etc 3 70

Machines 29 97

Majority of board acting 8 108

Materials, street work 31 98

Meetings of, etc., to be public 5 69

Method of assessment, establishing 10 87

Municipally owned public utilities, work on 8 71

Notices (See Notices)

New assessment, making 11 104

Objections, property owners 4 79

Opening and awarding bids 17 74

Opening of streets 3-19 101-109

Overruling objections 4 80

Owners, street work 19 75

Parks, lighting, control over 3 70

Penalty for collusion of bidders 18 75

Permits, granting 1 70

Pipes, regulating laying of 1 70

Plans, public improvements 10 72

Poles, erection of, regulating 1 70

Posting of notices 3 101

Powers,

Of board 7 69

To regulate, what 9 70

Sewer construction 2 110

Street improvements 4 80

Power wires, laying 1 70

President of board 2 68

Private contracts, street improvements 19 75

Proceedings, instituting 4 81

Professional services, engaging 8 71

Progressive payments on contracts 21 77

Property owners, contract, street work 19 75

Proposals for public work, details of 16 73

Protest, property owners 4 79

Public buildings,

Cleaning of 4 71

Construction and repair 6 71

Lighting 3 70

Public improvements or utilities, data on 10 72

Public utilities, estimate of cost 1 186

Public utilities, owned by City, present and future,

control of 8 71

Public work by contract 14 73

Publishing and posting notices, etc 6 69

Railroad track construction, regulating 1 70

Railroad tracks, paving 24 94

Record of contracts and proceedings 6 69

Records same validity as other records 21 94

Refuse, disposal of 7 71

Regrading, bids and contracts 9 116

Regulation of, what 9 70

Rejection of bids 16 92

Repairs on streets not accepted ; 16-17 91-93

Repairs, public buildings 6 1\

328

Index

PUBLIC WORKS, BOARD OF (Continued) s^bdwrsi'o'^ti Page

Repaying, bids and contracts 9 116

Resolution of intention 10 86

Rules and regulations 4 68

Salaries 3 68

School houses 1-2 131-132

School houses, construction and repair 6 71

Secretary to Board (See Secretary Board of Public Works)

Appointment of 3 68

Civil service, exempt from 11 199

Duties 6 . 69

Session for hour, bids 16 92

Sewage, disposal of 7 71

Sewers,

Connection, permit 4 110

Construction, etc ' 2 110

Defective, repair 5 3

Lands for 9 111

Regulating construction 1-2 70

Sidewalk, encroachment on, prohibited 1 70

Sidewalks not yet accepted, repairs 16 91

Sprinkling of streets, charge of 3 70

Squares, lighting, control over 3 70

Steam heat mains, regulating laying 1 70

Storekeeper 32 98

Store yard, corporation , 32 98

Straightening of streets ' 6 102

Streets,

Assessment, releasing 13 89

Defective, repair 5 3

Excavations 9 71

Grades 1-17 112-121

Improvement applications, action on 2 78

Moving buildings through 1 70

Opening, closing, etc 3-19 101-109

Railway track construction, regulating 1 70

Refuse, disposal of 7 71

Use of, building material '...... 1 70

Work, property owners 19 75

Subdivision maps 28 96

Subpoena witnesses, power to 4 114

Succeed certain officers and commissions 7 69

Superintendence of, matters under 9 70

Superintendents, engineers, employees 3 68

Supplementary assessments 18 109

Sweeping of streets 29 97

Tearing up streets, proceedings 9 71

Technical services, municipal utilities 8 71

Telegraph and telephone poles, regulating 1 70

Temporary fences 1 70

Titles, conflicting 9 103

Track construction, regulating 1 70

Unfinished portion, private street contract, re- letting 20 75

Ungraded or unimproved portion of street, pro- ceedings 4 80

Urgent repairs to streets 30 97

Use of streets, building material 1 70

Vaults under sidewalks, permits 1 70

Warrants for assessments 12 87

Index 329

>^

PUBLIC WORKS, BOARD OF (Continued) s^ulKlivrsUn. Paeo

Water mains, regulating laying 1 70

Water works and sources, estimates of cost 1 18G

Wharves, constructing and repairing.. 1 112

Widening streets 3-19 101-109

Wires for lighting and power, regulating 1 70

Witnesses, power to subpoena 4 114

Work to be let, how 14 73

Work under direction and to satisfaction of 22 77

PUBLICATION (See Advertising)

PUPILS, SCHOOL, promotion* 4 129

PURCHASE,

Arbitrators, appointment of 7a 38

Books for libraries 2-4 133-134

Civic Center, land for 10 22

Cleaning and sprinkling of streets, equipment 29 97

District Attorney, property at execution 4 60

Excess land over actual requirements 10 22

Franchise, street railways 7a 37

Lands, combining proceedings 6 123

Officials barred from interest in 6 216

Playground Commission, lands 5 211

Property delinquent on assessments, City and

County shall 3 106

Property for public use 12 10

Property levied upon or under execution 34 13

Public library property 4 133

Public utilities by City 1-16 186-194

Relief Home, lands for ._, 10 23

School lot 3 132

Sewer construction, land for 6 111

Storekeeper : 32 98

Street railway franchise - 7a 37

Streets, lands for opening, etc 1-19 100-109

Superintendent of Schools, by 5 130

Supplies 38 14

Supplies for departments .'. 1 24

Tunnel, subway and viaduct construction, lands

for 2 121

Valuation, basis of 7a 37

Water supply and sources, lands for 15 193

Q

QUALIFICATIONS,

Attorneys attending Police Court 16 67

Candidates for office 8 167

Citizenship '. 2 215

For office : IKj 215

Judges, Police Court 1 63

Of commissioners and officers (See under re- spective officers and departments) Officer within prescribed time after election or

appointment 10 217

Residence in city 2 215

Warrant and Bond Clerk 5 65

QUALITY,

Inferior, acceptance by officer, penalty 4 27

Water, heat, light, etc., services and appliances.... 13 10

330 Index

r\TTi-YT.TTn/r Section or

QUORUM, Subdivision Page

Board of Supervisors 3 4

Library Trustees 5 133

Park Commission 4 205

Playground Commission 3 210

R

RAILROADS,

Acquisition by City 1 186

Assessment, street work T. 7-8 82-83

Common use of tracks 28 12

Construction under supervision of Board of Pub- lic Works 1 70

Entering City 28 12

Franchises, no exclusive granted 28 12

Joint use of tracks, five blocks each end of tun- nel, etc 5 123

Lien for street work 7 83

Purchase by City 2 186

Recovery, street work done by contract. 24 95

fcipur tracks 3 9

Street improvements, to pay for 7-8 82-83

Streets, paving and repair 28 12

Streets, paving and repair 24 94

Tunnel, subway and viaduct 5 123

RANK, promotion from next lowest 1 142

RATES,

Advertising, olTicial 2 26

Interest on deposits of public funds 2 50

Lighting, uniform 6 28

Passenger and baggage 7 9

Public utilities, power of Supervisors to fix 14 10

Street railways 27 12

Taxes 11-13 33

READING ROOMS (See Libraries)

REAL ESTATE (See Lands, City Property)

REBATE, affidavit by contractor 6 82

RECALL,

Disqualification 10 184

Examination and certification of petition 2 182-183

Filing of petition 1 182

How conducted 7 184

Incumbent,

Continuance in office 8 184

Removal from office 8 184

Second and third recall elections of 8 184

Initiative provisions govern 2 182

Name of incumbent on ballot 5 183

Nominations 5 183

Officer must have held office four months 1 182

Printed statements 6 183

Procedure 1 182

Reimbursement of incumbent for expenses 9 184

Sample ballot 6 183

Several removals at one election 4 183

Signatures, number required 1 182

Special election * 3 183

Successor to office 8 184

Time of election 3 183

\acancy in office 3, 10 183, 184

Index 331

RECEIPTS, Section or

. ^. Subdivision Puge

Action upon 8-10 41

Auditor to furnish officials 5 40

Deposits of public funds 2 50

District Attorney 2 • 60

Duplicate, issuance in 4 52

Officers, monthly reports 9 41

Official, consist of what 6-7 40

Other officers than Treasurer 7 40

Percentage of payment by corporations 4 17

Public utility earnings 16 193-194

Street assessments 12 117

Street railways, percentage to city 6 18

Stubs 4-7 40

Treasurer issuing 4-6 40

Treasurer's 4 52

Treasurer's monthly report 8 41

RECEIVING HOSPITAL (See Hospitals)

RECOMMENDATIONS,

Chief Engineer, Fire Department 2 152

Closing of streets 27 96

Railroad tracks, paving ;. 24 94

Sewerage and drainage 1 110

Street grades, change of 1 112

Street improvement applications 2 78

Superintendent of schools 3 129

RECONSIDERATION,

Bills or resolutions, objection by Mayor 16 7

Motion to reconsider 12 6

RECORDER,

Ballot, arrangement of office on 10b 168

Bond, official 2 213

Civil Service, employees under 11 199

Copyists 1 56

Custodian of public records 2 56

Deputies 1 56

Duties of 2 56

Election, qualifications, term, salary 1 56

Election of, at what time 1 164

Fees 2 56

Four-year term for 38a 225

RECORDING,

Ordinances and resolutions by Clerk of Supervis- ors 17 7

Subdivision maps 28 96

RECORDS,

Auditor, charge of financial 1 47

Board of Public Works 21 93

Bonds, official 1 213

Certificate, repair to streets 17 93

City Attorney 3 59

County Clerk 10 66

Custody of 12 217

Custody of Recorder 2 56

Demands by Auditor 4 47

Departmental, supervision by Mayor 2 45

Deposits of public funds 2 51

Finance Committee, access to 3 17

FMre Pension Fund Commissioners 8 157

Keeping of by departments 41 14

Lost, stolen, or unclaimed property 1 143

332 Index

RECORDS (Continued) SubdivfsrJn Page

Open to inspection 21 94

Open to inspection 13 217

Police Commission 2 138

Police Court 1 61

Police Court actions 10 66

Police Department 13 217

Supervisors to provide method and facilities 41 13

Warrants, street assessments 12 88

RECOVERY,

City's money or property 14 43

Costs of action 15 90

Deposits of public funds 2 51

District Attorney to prosecute actions 2 60

Paving, railroad tracks 24 95

Street assessment 15 90

RECREATION CENTERS 1 210

REDEMPTION,

Delinquent assessments, change of grade 12 118

Delinquent assessments, property sold on 1 105

Exposition bonds 29a 222

Property sold on execution by lessee 20 93

Public utility earnings 1 194

Revolving fund .". 291^ 221

Street improvement bonds 29^2 221

Supervisors to provide for .— 14 34

Surplus earnings paying 12 193

Surplus fund 3 36

Surplus in bond issue 10 191

Surplus in sinking fund for 7 37

Tax levy above dollar limit 11 33

Tax levy to pay 12 193

RE-ENACTMENT, Ordinance 10 5

REFERENDUM,

By Mayor at next general election 2 181

By six Supervisors at next general election 2 181

By Supervisors at general or special election 2 181

Franchise grant 7 20

How conducted 6 182

Initiative provisions governing 4-6 181-182

Majority vote 7 182

Matters submitted to people 1 181

Measure goes into effect ten days after count 7 182

Percentage of signatures requisite 3 181

Petition filed within sixty days of ordinance be- coming final 3 181

Time of elections 5 181-182

REFUND, surplus, street assessment 18 109

REFUSAL,

Bidder to enter into contract 16 92

Liquor permits 3 136

Sale of city lands, by Supervisors 9 22

Supervisors to enforce provisions 13 193

To pay assessment 15 90

Treasury to pay demands 5 53

REFUSE, street, disposal of 7 71

REGISTER,

Accepted streets 23 94

Actions by City Attorney 3 59

Board of Health , 4 161

Index

333

REGISTER (Continued) slMivLron Page

District Attorney, actions 2 60

Police Court 1 61

Warrants by Auditor 8 48

REGISTRAR OF VOTERS (See Elections)

REGISTRATION,

Births and deaths 4 161

Bonds 10 192

Civil Service, successful applicants 7 197

Contracts 5 27

Contracts for labor or supplies .-. 9 31

Precinct registration 5 164

Unpaid demands 6 53

Voters (See Elections)

REGRADING,

Bids and contracts, change of grade 9 116

Civil Service 2 195

REINSTATEMENT,

After discharge from military service 21 203

REJECTION,

Bids by Board of Public Works 17 74

Bids by Supervisors 5 27

Bids for supplies 1 24

Bond bids 10 191

Franchise bids 6 18

Ordinances, etc., by people 1 174

RELEASE, prisoners on bail 5 65

RELETTING, unfinished portion, street contract 20 75

RELIEF FUNDS,

Fire Department 1 155

Police Department 1 144

RELIEF HOME 3 160

RELIEF HOME TRACT,

Supervisors may sell part and purchase other

land 10 23

RELIGION,

Appointments in Police Department without re- gard to 3 135

Books or teachings not allowed in schools 1 129

Qualification not essential to election or appoint- ment 1% 215

REMOVAL,

Absence from State of Officer 3 215

Appeal to Civil Service Commission 12 200

Appointed officers, when and how 18-20 218

By appointing officer on charges 12 200

Civil Service,

Commissioners 1 195

Register, names from 9-10 198

Restrictions 12 200

Rules 3 196

Detective sergeants 6 141

Deputies, clerks, employees, etc 21 218-219

Elected officers, when and how 18-19 218

Fire Department members 7 150

Grounds for 12 201

Health Department, not without cause 5 161

Library employees ?. 134

Officers for misfeasance 4 27

Officers neglecting to make daily deposits in

treasury 17 218

334 Index

REMOVAL (Continued) S^ubdwfsfon Page

Recall of officers 1-13 182-185

Supervisors, neglect to enforce provisions 13 193

Teachers 2 125

Works of art, approval necessary 10 208

RENEWAL,

Franchise grant 6 19

Franchise, time required 12 6

Teachers' certificates 3 125

RENT,

Deduction from assessment 20 93

Lands owned by City 32 13

REPAIRS,

Accepted streets 23 94

Board of Public Works, supervision 6 71

Defective street or sewer.... 5 3

Drains 2 110

Fire Department buildings, supervision 6 71

Harbors 1 112

Lessee deducting payment from rent 20 93

Materials, contracts for 31 98

Public buildings 6 71

Public Utilities 1 194

Railroad assessment, street work 3 83

Railroads, streets 28 12

Railroad tracks, street work 24 94

Refusal to make 18 93

School houses : 2 132

School houses, emergency 3 131

Sewers 2 110

Sidewalks not yet accepted 16 91

Streets,

Bids 16 92

By railroads 28 12

Notices to owners 16 91

Penalties, refusal to make 18 93

Tax limit suspension 13 33

Under five hundred dollars without advertising.... 14 73

Urgent necessity, payment 8 83

Urgent street 30 97

Wharves ". 1 112

REPAYING, bids and contracts, change of grade 9 116

REPEAL,

Ordinance, initiative petition 7 179

Ordinance, referendum election 7 182

Ordinances 18 7

REPORTERS,

Police Court 11 66

Superior Court 2 58

REPORTS,

Advertising, official 2 26

All officers must render annual 9 217

Assessment district 5 82

Board of Education 3 128

Board of Public Works 6 69

Bonds, official 3 17

Change of grade 6 114-115

Chief Engineer, Fire Department 2 152

Civil Service Commission 15 201

Contracts, violation of 3 46

Index 335

Section or

Subdivision Page

REPORTS (Continued)

Fire Wardens, buildings 1 154

Licenses 5 55

Officer, failure to make, Auditor's action 6 48

Police Relief and Pension Fund 13 148

Public utilities owned by City 3 194

Receipts, monthly by officers 9 41

School Department .• 3 128

Stationery supplies 3 27

Streets, opening, etc 7-8 103

Superintendent of Schools 2 129

Treasurer, on condition of treasury 2 49

Treasurer to Auditor 8 41

REQUISITIONS,

School houses 1 131

Stationery and printing 3 27

Storekeeper 32 98

RESERVE, school lots, outside lands 11 23

RESERVE FUND, Public utility 1-2 194

RESERVOIRS, water supply, lands for 15 193

RESIDENCE,

Ceasing to be a resident creates vacancy in office 10 217

City Attorney, prior to taking office 1 58

Contracts for City and County 1 25

Fire Department members 6 150

Non-resident, forfeit right to police pension 5 146

Officers and employees of City and County, essen- tial requisite 2 215

Pension, Fire Department, essential 6 157

Playground Commission 1 210

Police officers 3 135

Positions exempt from restriction 2 215

Surety on official bond 4 214

RESIGNATIONS, notice to Civil Service Commission 13 201

RESOLUTIONS,

Acceptance of work 22 77

Adoption „ 9 5

Advertising 13 6

Advertising, official 2 26

Approval by Mayor 16 6

Assessment, street work 10 86

Board of Public Works,

Acceptance of work 22 77

Street assessment 10 86

Street improvements 3 79

Changes of grade 1 112

Closing of streets 2 101

Deposited with and recorded by Clerk of Super- visors 17 7

Disapproval by Mayor .— 16 6

Extending of streets .^ 2 101

Franchises, street railways 6 18

Intention, of 10 86

Passage, Supervisors 9 5

Straightening of streets 2 101

336

Index

RESOLUTIONS (Continued) sSw?s?on Page

S-treets,

Assessment 10 86

Grade changes 1 112

Improvements, Board of Public Works 3 79

Improvement bonds 29i/4 221

Opening, closing, widening, etc 2 101

Work, publication 26 96

Street railway franchises 6 jl8

REST DAY 2 158

RETURNS,

Municipal elections, canvass of 19 171-173

Warrant, street assessment 13 89

REVENUE (See also Finance, Taxation)

Apportionment of 1 35

Apportionment to funds by Auditor 10 41

Auditor's annual estimate 2 30

Auditor's supervision over 1 47

Collection, Supervisors to provide for 14 34

Custody of 1-14 39-43

Demands to be paid out of income for current

fiscal year only 13 43

Deposited daily in Treasury, to be 17 218

Expenses not to exceed yearly 13 34

Fees , 3 39

Libraries, public 5 133

Limit of, as to tax levy , 11 33

Officers, monthly report by 9 41

Parks 6 205

Payments into treasury 1 39

Percentage to city, payment by corporations 4 17

Police Relief and Pension Fund 11 147

Public utilities, acquisition of out of annual 4 187-188

Public utility earnings 16 193-194

Receipts, official .* 5-7 40

Street railways, percentage to city 6 18

Streets, opening, closing, etc., payment out of

City's current 2 101

Supervisors to fix amount 14 34

Surplus fund, used as revenue ensuing fiscal year 3 36

Tax Collector, collections by 2 54

Treasurer's monthly report 8 41

Treasurer to receive and safely keep 2 49

REVERSION,

Buildings, etc., erected, school lot lease 11 127

Roadbed and tracks, street railway, to City 6-7 19-20

REVISION, ordinance 10 5

REVIVAL, claims 1 44

REVOCABLE PERMITS, spur tracks 3 9

REVOCATION,

Licenses 4 55

Liquor permits 3 136

Permits by Police Commission 9 138

Teachers' certificates 3 125

REVOLVING FUND, how created and for what pur- pose 29^ 221

REWARDS,

Felons, apprehension 21 11

For heroic conduct, police member 8 146

Police pension fund 11 147

RICHMOND DISTRICT, school lots, sale of 11 23

Index

337

RIGHTS,

City and County of S"an F^a^cisco

City Attorney, advice

Franchise, purchase by City

Patented pavement

RIGHTS OF WAY, tunnels, etc

RIOTS,

Chief of Police, suppression

Mayor, suppression

ROADBED,

Forfeiture, f i anchise penalty

Lease on reversion to City

Reverting to City

ROLL (See Assessment Roll, Pay Rolls) RULES,

Board of Education

Board of Health

Board of Public Works

Civil Service

Fire Department

Libraries, public

Nuisances, abatement of

Park Commission

Pension, Fire Department

Pension, Police Department

Playgrounds

Police Court

Police Department

Sanitation

Sewers and drains

Supervisors, proceedings

Section or Subdivision 3 2 7a 26 2 2 2 7c 7 6 4	Page 2 58 37 95 121 139 39 39 20 19 125
1 4	160 68
3 8	196 150
1	134
4	161
4	205
7 7	157 146
3-4 15	210 67
2	136
4	161
3	110
2	4

s

SAFES, Treasurer's and joint custody

SALARIES (See under separate officers and depart- ments)

Actual service, only for time covered by

Approval by heads of departments

Auditor to approve after action by Civil Service Commission

Auditor to pass demands for

Board of Public Works, control of heads of de- partments

Budget estimates

Civil Service Commission, verifying demands

Civil Service, grading and regrading

Common school fund

Deductions from for absence

Demands, Civil Service Commission approving

Deputies proportionate to actual service

Disability, during

Fees, Public Administrator

Graded by length of service , .....

Hosemen, hostlers and hydrantmen

Increase in

Increase in

Increase in 41-42

In full compensation for all services

52

33	223
13	42
19	202
13	42
13	73
1	30
19	202
2	195
9	126
6	48
19	202
33	223
3	152
	61
	158
	158
IK'	158
	164
42	226
34	223

338

Index

SALARIES (Continued) Subdivision Page

Interpreters, courts : 20 11

Judges, Police Court a 1 63

Like salaries for like duties 2 195

Monthly payment 1 43

Outside of City, payments 9 49

Patrol drivers 1% 142

Payrolls, verification 19 202

School Department 10 127

School Department 4 128

Schools, prompt payment 9 126

Teachers 2 125

Two salaried positions cannot be held 4 215-216

Urgent repairs to streets 30 97

Warrant and Bond clerks 5 65

Weights and Measures Department 1 57

SALE,

Appraisements 9 21

Auction, City lands 9 21

Bonds 10 191

Certificate of 3-4 106

City and County property 33 13

Delinquent on assessments, property 14 105

Deposit by purchaser 9 22

Exposition bonds '. 29a 222

Fire Marshal : 4 154

Lands owned by City and County.... 9 20

Laws, enforcement of 4 154

Library bonds 10a 192

Liquor 3 136

Mission Creek lands 9 20

Notice, advertising 9 21

Officials barred from interest in 6 216

Private sale, City lands 9 21

Proceedings, lands owned by City 9 20

Public improvement bonds 29 220

Public utilities.

Bonds 10 191

Submission to people 1 181

To City 2 186

Relief Home lands 10 23

Salvaged property 4 154

School lots, outside lands 11 23

School personal property 12 127

Security, deposits of public funds 2 51

Street assessment lien 15 91

Street improvement bonds 291^ 221

Supervisors, majority vote 9 22

Tunnel, subway and viaduct assessments delin- quent 2 122

Unclaimed property 5 137

Unsold bonds 10 191

Wharves, prohibited 2 112

SALVAGED PROPERTY, sale of 4 154

SAMPLE BALLOTS 17 70

Initiative petition 9 179

Recall election 6 183

SAN FRANCISCO (See City and County of San Francisco)

SAN FRANCISCO HOSPITAL (See Health Depart- ment) ,

Index 339

Section or

Subdivision Page SAN FRANCISCO LAW LIBRARY (See Law Li- brary) SANITATION,

Board of Health, supervision 3 160

Enforcing ordinances 4 161

Laws, enactment 1 8

Municipal institutions 3 160

SCHEDULE,

Salaries 4 128

Supplies 1 24

SCHOOL LOTS (See Schools) 11 23

SCHOOLS,

Acceptance of school houses 1 132

Attendance, compelling 4 125

Board of Education (See Education, Board of)

Buildings, construction and repair 1-2 131-132

Buildings to have clear space of ten feet around

them 3 132

Census marshals 7 12G

Certificates of teachers 3 125

Certificates, special 2 130

Charges against teachers 2 125

City Board of Examination 6 130

City certificates 4 130

Class rooms, number of 1 131

Common School F^ind (See Common School Fund)

Consolidating 1 125

Contracts, provisions governing 2 128

Demands, approval 13 42

Demands, filing and signing 10 127

Department, what comprised in 1 124

Designs, approving 10 208

Directors, appointment 1 124

Directors, official bonds 2 213

Disbursement of funds 9 126

Emergency expenditures 3 131

Employees, charges against 5 125

Establishing and changing 1 125

Evening schools 2 124

Examination of teachers 1 130

Funds, balance in, excepted from surplus fund 16 34

Funds, outside dollar limit 13 33

Houses, construction and repair 6 71

Houses, requisition on Board of Public Works 1 131

Leasing of real estate 11 127

Lessee, improvements by, reverting to City 11 127

Lots,

Panama Pacific Exposition may use 6 126

Purchase of 3 132

Sale of, outside lands 11 23

Personal property 6 125

Powers, Board of Education 1 125

Promotion of pupils 4 127

Religious or sectarian books or teachings in, for- bidden 1 129

Repairs, etc., how secured .: 2 132

Report of Board of Education 3 128

Report, Superintendent of Schools 2 129

Revocation of certificates 3 130

340 Index

SCHOOLS (Continued) SuMwfskTn Page

Salaries,

Of teachers, amount to be raised 9 126

Prompt payment of 9 126

Roll 10 127

Schedule 4 128

School directors 1 124

Secretary to Board of Education 2 124

Superintendent of Schools 1 128

Teachers :. 2 125

Sanitary supervision, Board of Health 3 160

. Standing of 6 130

Studies, course of 5 129

Superintendent of (See Superintendent of Schools)

Supplies 2 128

Tax levy for support of., 1 130

Tax limit suspension, expenses, buildings, etc 13 33

Teachers (See Teachers)

Text books 5 129

Transfer of pupils 4 127

Truancy, remedying 4 125

Trust funds 12 127

SCULPTURE, approved by Park Commission 10 207

SEAL, bags of gold and" silver 3 52

Ballot boxes 19 171

City and County of San Francisco 1 1

Custody of 7 5

Each department to be provided with 23 11

Election returns 19 172

Tally sheets and tally returns 19 171-172

SEAL ROCKS, jurisdiction, Park Commission 1 204

SEALER, weights and measures 1-2 57

SEARCH, for evidence and stolen property 7 140

SECOND HAND DEALERS,

Peimits 9 138

Supervision of Chief of Police 7 140

SECRETARIES,

Board of Education 2 124

Board of Public Works 3 68

Civil Service Commission 16 201

Fire Commission 4 149

Mayor 1 45

Park Commission 4 205

Playground Commission 3 210

Police Commission : 4 136

Public Libraries : 5 133

SECRETARY, BOARD OF PUBLIC WORKS,

Appointment and salary 3 68

Bond and check, contracts 21 76

Change of grade 9 116

Delinquent assessments on change of grade 12 117

Notice, paving, railroad tracks 24 94

Objections of owners 4 79-81

Recording bids 16 92

Record of transactions..... 6 69

Street cleaning proposals 29 97

Warrants, street assessments 13 89

SECTARIAN BOOKS OR TEACHINGS 1 129

SECURITY, deposits of public funds 2 50

SENIORITY OF SERVICE, „,„-,.,„- 1 142

Index Ml

SEPARATE,

Bids, advertising delinquent tax list

FMnds

Funds by Treasurer

Items, veto by Mayor

Sale on delinquent assessments

Stationery contracts for printing

SERGEANTS OF POLICE .'

SERVICE,

Actual payment only for

Investigation by Civil Service Commission

Meritorious public

Military

Military, reinstatement in position

Notices, Board of Public Works

Period requisite, pension. Fire Department

Restoration to

Retiring police officers from

Salary graded by length of

Seniority of

Street work notices

Water, health, light, etc., regulation

SESSIONS,

Extra, of Supervisors, Mayor calling

Police Commission

Police Court

SETTLEMENT, litigation by City Attorney

SEVENTEENTH STREET, sale of lands

SEWERS,

Acceptance of streets, to be laid before

Assessment, portion of street

Bids and contracts, change of grade

Board of Public Works, charge of

Changes of grade

Condemnation of property

Conditional acceptance of street

Connections, permits

Construction and repair

Construction, regulating

Control of

Cost exceeding five dollars per foot, authority nee essary

Crossing, objections, property owners

Damages

Defective, liability, damages

Disposal of sewage

Expense of, how assessed

Flushing, regulation of

Ordinances

Recommendations, Board of Public Works

Rules and regulations

Special fund for

Supervisors, majority vote

Tax limit suspension for repairs, etc

SEX,

Office or position not limited by

To be disregarded in appointment, when

Serf ion or
SubdivisioE	1 Page
2	26
1	35
2	50
14	6
3	loe
3	26
1-6	140-141
33	223
14	201
1	142
43	226
21	203
22	94
3	155
3	145
2	144
1	158
1	142
26	96
13	10
5	. 46
4	136
1	63
2	58
9	20
23	94
8	85
9	116
2	110
1	113
9	111
23	94
4	110
5,8	111
1-2	70
2	110
2	78
4	80
7	111
5	2
7	71
2	83
13	10
6,8	111
5	111
3	110
22	il
8	111
13	33
1%	215
9	198

342 Index

Section or Subdivision Page SHERIFF,

Attachment, person in contempt of. Police Com- mission 8 138

Attorney, appointment of 2 62

Ballot, arrangement of office on 10b 168

Civil service, employees under and those exempt.. 11 199

Compensation from State 1 62

Deputies, employees, salaries 2 62

Designates duties of deputies 3 62

Election, at what time 1 164

Election, term, salary, powers, duties 1 62

Four-year term 38a 225

Official bond 2 213

SHORTAGE IN TREASURY 3 52

SIDE TRACKS, permits by Supervisors 3 9

SIDEWALKS,

Assessment to meet work on 2 83

Bids and contracts, change of grade 9 116

Cellars and vaults under, permits 1 70

Changes of grade 1 113

Defective, liability, damages 5 2

Encroachments on, prohibited 1 70

Objections, property owners 4 80

Obligation on owner to repair, etc., until accepted 16 92

Repairs to prior to acceptance 16-17 91-93

Use, control by Supervisors 2 9

SIGNAL SYSTEMS— Fire and Police 1-5 159

SIGNATURES,

Bonds 11 192

Clerk, Board of Supervisors 7 5

Contracts, Board of Public Works 21 76

Coupons on bonds 11 192

Library bonds 10a 192

Petition,

Acquiring of public utilities 3 187

Charter amendments 22 8

Initiative of people 2-3 175-177

Referendum petition 3 181

SILVER IN BAGS 3 52

SINKING FUNDS,

Balance to ensuing fiscal year 5 36

Budget provision 2 30

Disposition of accumulated moneys in 7 37

Proposals for redemption of bonds 7 37

Public utilities, municipal, earnings 12 33

Public utilities, municipal, earnings 1 194

Street improvement bonds 29^/^ 221

Supervisors to provide for 14 34

Surplus earning paying 12 193

Surplus fund, liquidation of 3 36

Surplus in bond issue 10 191

Surplus in not to go to surplus fund 16 34

Tax levy, above dollar limit 11 33

Tax levy to provide for 12 193

SITES,

Civic Center 10 22

Panama Pacific Exposition 37 13

Schools, proceeds from sale of school lot 11 23

SIXTEENTH STREET, sale of lands 9 20

index

343

SIXTY DAYS. slrbdivis'ii

Amendments to Charter, election 22

Ordinance becoming final 3

SOCIETY, Prevention of Cruelty to Animals 19

SOURCES OF WATER SUPPLY 1

SPECIAL,

Deposit fund 4

Elections (See Elections). Meetings,

Police Commission 2

Supervisors 5

Police officers 4

SPECIFICATIONS.

Change of grade 9

Contracts, Board of Public Works 21

Materials in accordance with 22

Repairs to streets 16

School houses 1

Street cleaning 29

SPEED street railways 27

SPONSORS FOR CANDIDATES, municipal elections 5c

SPRINKLING STREETS,

Board of Public Works, charge of 3

Proposals for 29

Regulations by Supervisors 13

SPUR TRACKS, permits by Supervisors 3

SQUARES (See Parks),

Jurisdiction. Park Commission 6

Lighting, Board of Public Works, control 3

Ordinances by Park Commission 5

Sales of lands, specifically excepted 9

Works of art 10

STAINED GLASS, Approval 10

STATE,

Absence from 3

Building, Civic Center 10

Employees prohibited from holding another of- fice under 4

Prisons, delivery by Sheriff 1

Taxes above dollar limit 11

Weights and Measures, Superintendent of 3

STATIONERY,

Advertisement for bids, form for 3

Contracts for 3

How furnished to officers, etc 3

Names of officers not to appear thereon 3

Paper, weight, quality, etc 3

Requisitions for 3

Superintendent of schools purchasing 5

STATISTICS, vital 4

STATUES, approval by Park Commission 10

STEAM HEAT.

Mains, regulating laying 1

Rate fixing by Supervisors 14

Supervisors power to regulate 13

STEAM RAILROADS (See Railroads)

STEINHART. IGNATZ, bequest, Aquarium 43a

STENOGRAPHERS (See Superior and Police Courts. City Attorney, Coroner, District Attorney, Mayor)

STOKERS, Fire Department 1

Page

8

181

11

186

138

46

137-

116 76 77 91

131 97 12

166

70

97

10

9

205 70

205 20

207

207

215 23

215 62 33 57

26

27

26

26

27

130

161

207

70 10 10

15

153

344

Index

Section or

Subdivision Paee

STOLBN PROPERTY, search bv police officers 7 140

STONE COBBLES AND BLOCKS 32 98

STORAGE, Fire Marshal, enforcement of laws 4 154

STOREKEEPER, appointment and duties 32 98

STORES, CORPORATION YARD,

Board of Public Works 32 98

Fire Department 9 150

STRAIGHTENING STREETS, proceedings 1-19 100-1^9

STREET RAILWAYS,

Acquisition by City 1 186

Assessment, street work 7a 82-83

Board of Public Works, superintending construc- tion 1 70

Bonds, purchase by City 7a 38

Boulevards 6 17

Common use of tracks 27 12

Construction, commencement 6 19

Eight-hour day 7b 39

Election, purchase 7a 38

Expenditure on construction, monthly 6 19

Fares, regulation by Supervisors 6 19

Finance Committee, experting books 6 19

Franchise,

Additional conditions in 7a 37

Failure to comply with condition, penalty... 7c 39

Forfeiture of 6 19

Wages of employees, provision for 7b 38

Joint use of tracks and streets 27 12

Joint use of tracks, five blocks each end of tun- nel, etc 5 123

Labor, wage and hours 7b 39

Lease, property reverting to City 7 20

Lien for street work 7 83

Majority vote of Supervisors, purchase 7a 38

Minimum wage 7b 39

Municipal ownership 7a 37-38

Offers for sale to City 2 186

Operation, continuous 6 19

Overtime employment ..: 7b 39

Paving 24 94

Percentage of receipts 6 18

Power to regulate _ 27 12

Purchase by the City 7a 37-38

Rates of fare, regulation 27 12

Recovery street work done by contractor 24 95

Roadbed and tracks reverting to City 6-7 19-20

Speed, regulating 27 12

Street improvements, to pay for 7-8 82-83

Streets, paving and repairing 28 12

Sweepings, streets, conveyance to parks 4 9

Ten-block provision, joint use 27 12

T;mnel, subway or viaduct 5 123

STREETS,

Abandonment of 27 96

Acceptance of.

City maintaining after 23 94

Conditions precedent to 23 94

Owners must do repairs prior to 16 91-92

Resolution and certificate by Board of Pub-

. lie Works 22 77

Index

345

STREETS (Continued) Subdivision Paee

Acquisition of lands for opening, etc 1 100

Advertisement for proposals 15 73

Advertisement waived if under five hundred dol- lars 14 73

Affidavit by contractor 6 82

Affidavit of publisher of official newspaper 26 96

• Appeal, assessment 4 81

Appeal from assessment for improvements 14 89

Applications for improvements, action upon 2 77

Assessments,

(Note — Street improvements assessable upon private property are provided for in Ordi- nance No. 4720 (New Series), approved November 26, 1918, in pursuance of pro- visions of Section 33 of Chapter II of Ar- ticle VI of the Charter (pages 98-99).)

Amending 14 90

Appeal to Supervisors 14 89

Appeal to Supreme Court 12 88

Closing of streets 1 100

Collection of 14 105

Completing unimproved portion of street 18 85

Completion of contract 7 82

Contractor suing for recovery 15 90

Defect in 12 88

Deficiency in fund 16 109

Delinquent 13-14 105

Districts (See Assessment Districts)

Error not affecting validity 9 103

Exception from work, done 9-10 86

Fifty per cent of value 33 99

Foreclosure of lien 12 88

Fund, special 8 107

Grade change 5 114

Grading credits 9 85-86

Hearing objections 4 80

How levied - 9 83-84

Installment payments 33 99

Lien on property 12 88

Lien on railroad 7 83

Limit of 8 83

Map, Board of Public Works to Supervisors 2 78

New assessments by Board of Public Works.. 12 88 Notices (See Notices)

Opening, closing, extending, widening, etc 6-14 102-106

Ordinance authorizing 1 100

Ordinance authorizing 17 120

Owners protesting , 4 79

Payment of 13 88-89

Railroads to pay proportion 7-8 82-83

Refusal to pay 15 90

Resolution of intention 10 86

Revolving fund 29^ 221

Roll, assessment 12 104

Sale on execution 15 91

Supplementary assessment 18 109

Surplus in fund 18 109

Ten-year installment payments 1 100-101

Uniform rate per front foot 3 84

Warrants for 12 87

346 Index

STREETS (Continued) Subd!?rsrJn P.^e

Awarding of contracts 17 74

Benefits, estimate 11 87

Bids for street work 16-17 73-75

Block, defined 26 95

Board of Public Works,

Authentication by 11 87

Decision final and conclusive 4 80

Establishing method of assessment 10 87

Opening, closing, widening, etc 6 102

Powers 4 80

Release from assessment _ 13 89

Superintendence of 1 70

Work under direction and to satisfaction of.. 22 77

Bonds for improvements 29% 220-221

Bonds of contractors 21 76

Boulevards, designation 25 12

Bridge construction 1-6 121-123

Building material, use of 1 70

Cellars under, permits 1 70

Certificate of acceptance 22 77

Changes of grades (See Grades) 1-17 112-121

Charter provisions not exclusive 33 98

City Attorney to draw contracts 21 76

City, improvements" to be paid for by 2 78

City property, work in front of 8 83

City's revenue to meet expenses, whole or part.... 2 101 Cleaning,

Board of Public Works, charge of 3 70

Contracts 29 97

Regulation 13 10

Closing of.

Action necessary 27 96

Assessment 2 101

Condemnation of lands 16 108

Less than forty feet in width 27 96

Panama-Pacific Exposition 20 110

Petition by owners 27 96

Proceedings for 1-19 100-109

Procedure 27 96

Supervisors acquiring jurisdiction 5 102

Cobble Stones 32 98

Completion of work 6-7 82

Condemnation, lands for opening, etc 16 108

Conditional acceptance of 23 94

Conflicting titles 9 103

Continuing proceedings 4 80

Contractor,

Affidavit 6 82

Bond : 21 76

Failure of 20-21 75-76

Contracts,

All work by 14 73

Awarding of 17 74

City Attorney to draw 21 76

Private 19 75

Reletting 20 75

Waived if under five hundred dollars 14 73

Written except in case of urgent necessity.... 14 73

Control of Board of Public Works 1 70

Corporation store yard 32 98

Index 347

STREETS (Continued) s^fbdiv"8ron Page

Cost,

Ordinance 33 98

Payable in ten annual installments 33 98

Whole or part, out of City's revenues 2 101

Credits to owners for work done 9 85-86

Crossings,

Grades 26 95

Hearing objections 4 80

Work, how assessed 2 78

Culverts : 26 95

Day labor, excavations 9 72

Dedication of 26-28 95-97

Deed for property delinquent on assessment 6 107

Defective, liability, damages 5 2

Defective titles 19 109

Definitions 26 95-96

Delinquent,

Assessments, change of grade 12 117

Property on assessment 14 105

Department of Electricity, supervision 6 159

Districts (See Assessment Districts)

Dividend, surplus assessment 18 109

Division of expense 8 83

Electrical wires and appliances 6 159

Encroachment on, prohibited 1 70

Estimate, Board of Public Works 2 78

Excavation of, permits for 9 71

Exclusive, charter provisions not 33 98

Expense,

Defined 26 96

Ordinance ordering 33 98

Whole or part, out of City's revenues 2 101

Extending of 1-19 100-109

Failure of contractor or owner.. 20-21 75-76

Flushers, sprinkling of 29 97

Foreclosure of lien 12 88

Franchises, street railways 6 17

Frontage, owners of major part of, improving 19 75

Funds 12 118

Gas pipes to be laid before acceptance 23 94

Grades, changes of (See Grades) 1-17 112-121

Hearing,

Objections, improvements 4 80

Objections, opening, etc., of streets 4-5 102

Improvement of,

Advertising for proposals 15 73

Assessments to pay for (See Assessments un- der Streets)

Contract for 14 73

Definition of 26 95

Ordinance ordering 33 98-99

Ordering, majority vote of Supervisors 2 78

Procedure 1-33 77-99

Incidental expenses (See Incidental Expenses)

Installment payments, ten years 1 100-101

Installments, payment of improvements by 33 99

Joint use of tracks and streets by street railways.. 27 12

Judgment, lien 12 88

Jurisdiction, Supervisors acquiring 5 102

Lands for opening of 6 102

348

Index

STREETS (Continued) SuWi^^shTn Pace

Lessee, lien 20 93

Lessee may deduct payment from rent 20 93

Lien, foreclosure of 12 88

Lien on railroad 7 83

Lighting contracts 6 27

Limitations, special provision 33 99-100

Macadamizing 26 95

Main street, defined 26 95

Major part of frontage,

Objections, petition, owners 4 79

Owners of, improving 19 75

Manholes 26 95

Materials for, corporation store yard 32 98

Modification of grades 1-17 112-121

New assessment by Board of Public Works 12 88

New streets and subdivisions 28 96

Not exclusive, charter provisions 33 98

Notices (See Notices) Objections, property owners.

Improvements 4 78-79

Opening, closing, widening, etc 4 102

Obligation on owner to repair, etc., until accept- ance 16 92

Opening of 2 101

Assessment •. 6-14 102-106

Duties of Board of Public Works 6 102

In new subdivisions 28 96

Lands for 6 102

Objections and hearing 4 102

Payment for damages 15 108

Power of Supervisors 1 100

Proceedings 1-19 100-109

Resolution of intention 2-3 101

Open Public,

Approval and recording of map 28 96-97

Closing of street, ceasing status as 27 96

Defined 1 77

Width and distance from parallel street 28 97

Ordering, majority vote of Supervisors 33 98

Ordinances,

Change of grade 17 120

Opening, widening, etc 1 100

Ordering work or improvement 33 98-99

When repealed 27 220

Owners,

Defined 19 93

Grading in front of their lots 9 85

Majority frontage, one-half, two-thirds 4 79

May improve streets, when 19 75

Protesting 4 79

Ownership, ignorance of 9 103

Panama-Pacific Exposition 37 13

Panama-Pacific Exposition 20 110

Parallel street, distance from 28 97

Partially graded or improved, proceedings 4 80

Patented pavements, not to be used, when 26 95

Payment,

Assessment by installments 33 99

For work 8 83

For work 33 98

Progressive 21 77

Index

349

STREETS (Continued) s^rbdwrsrjn

Permits, use, opening, etc., granting, regulating.... 1

Piling 26

Pipes, laying of 1

Pipes to be laid before acceptance 23

Planking 26

Poles, erection of 1

Posting of notices 3

Posting of notices 3

Power wires, laying 1

Powers, Board of Public Works 4

Powers, Supervisors 33

Private contracts.

City not liable for expense 22

Improvements 19

Proceedings,

Board of Public Works Instituting 4

Excavation of streets *9

Improvement of streets 3-4

Limitation 33

Opening, widening, etc 1

Sale of delinquent property on assessment.. 14 Stayed by objections of owners, but con- tinued on petition 4

Supervisors' power to order special 33

Progressive payments 21

Property owners (See Owners under Streats)

Proposals , l 15

Prosecution in name of people 18

Provisions in Charter on improvements not

exclusive 33

Publication, notices and resolutions 26

Quarter block 26

Railroads,

Paving and repairing 28

Paving and repairing 24

To pay proportion 7-8

Rebate, affidavit by contractor 6

Recommendation, Board of Public Works 2

Redemption of delinquent property on assess- ment 1

Refuse, disposal of 7

Reletting unfinished portion of contract 20

Repairs,

Advertising waived if under five hundred

dollars 14

Board of Public Works entering into contract 16

Collection of expense 9

Prior to acceptance 16-17

Urgent 30

Resolutions,

Of intention 2

Of intention 3

Publication 26

Revenues of City to meet expenses, whole or

part - 2

Roll, assessment 12

Sale of delinquent property,

Certificate of 1

Money paid to Treasurer 8

Page 70 95 70 94 95 70 79 101 70 80 98

77 75

8T

71

78-80

99-100

100

105

79 98-99

77

73 93

98 96 95

12 94 82-83 82 78

105 71 75

73 91 72 91-93 97

101 79 96

101 104

105 107

350

Index

STREETS (Continued) S^uMwfs

Service of notices 26

Sewer to be laid before acceptance 23

Sprinkling of, charge of 3

Spur and side track permits 3

Stone blocks, cobbles 32

Straightening, proceedings 1-9

Street railways, joint use 27

Structure encroaching on, prohibited 1

Subdivision maps 28

Subway construction 1-6

Superintendence of Board of Public Works 1

Supervisors (See Supervisors)

Supplementary assessment 15

Sweeping 29

Tax limit suspension for repairs, etc 13

Ten-block provision, joint use, by street railways 27

Ten year installment payments 33

Ten year installment payments 1

Terms, definition of 26

Titles, conflicting 9

Travel, restoration of 2

Tunnel construction 1-6

Unfinished portion, private contract, reletting.... 20

Ungraded or unimproved portion of, proceedings 4

United States, work done in front of property of 8 Urgent necessity.

Advertising and contract waived 14

Payment 8

Urgent repairs 30

Use of,

Building material 1

Joint, by street railways 27

Supervisors regulating 2

Validity of records 21

Vaults under, permits 1

Viaduct construction 1-6

Warrants for arrests 12

Water pipes to be laid before acceptance 23

Widening of 1-19

Width of,

At least forty feet 28

Improving full width of 25

Supervisors fixing 1

Work in front of city property 8

Works of art 10

STRUCTURES (See Buildings) STUBS,

Entries on.....' 4-7

Treasurer's receipts 4

STUDENTS, San Francisco hospital, privileges 7

STUDIES, courses of 5

SUBCONTRACTORS, failure to pay bills 7

SUBDIVISIONS, approval and recording of maps 28

SUBJECT, Ordinance, expressed in title 11

SUBMISSION TO THE PEOPLE,

Acquisition of public utilities 2

Initiative 1

Recall 1

Referendum 1

or

ion Paffp

96 94 70 9 98

100-109 12 70 96

121-123 70

119

97

33

12

99

100-101

95-96

103

122

121-123

75

80

83

73 83 97

70

12

9

93

70

121-123

87

94

100-109

97 95

77

83

207

40

52

161

129

28

96-97

5

186

174 182 181

Index

351

Section or Subdivision

SUBORDINATES (See Employees)

Limited to Charter provisions 5

Officers, Police Department 1

SUBPOENAS,

Police Commission 8

Policemen to be detailed to serve 24

Power to issue by every officer 24

SUBSISTENCE, supplies 1

SUBWAYS,

Approaches, approving designs 10

Assessment to meet cost 1-4

Damages, costs and expenses 2-4

Exclusive right to operate, except by City, for- bidden 5

Five blocks approaching each end, joint use of

tracks 5

Installment payments 2

Levying assessment ^ 2

Ordinance authorizing 1

Payment of costs and expenses out of treasury.. 4

Purchase or condemn lands 2

Street railway through, operation, municipal or

private, singly or jointly 5

Supervisors ordering construction 1

Two or more lines of street railway using 5

SUITS (See Actions)

SUNSET DISTRICT, school lots, sale of 11

SUPERINTENDENT, of Weights and Measures,

State 3

SUPERINTENDENT OF SCHOOLS,

Census marshals 7

Charges against teachers 2

City Board of Examination, self and deputies

constituting 6

City certificates 4

Deputies, appointment, qualifications, term 3-4

Election of, at what time 1

Election of, at what time 1

Election, when 1

General duties 1-6

Member of Board of Education 1

Official bond 2

Purchase of apparatus, etc 5

Recommend studies and text books 5

Recommendation of measures 3

Religious or sectarian books or teachings, for- bidding 1

Report annually to Board of Education 2

Report standing of schools 6

Revocation of certificates 3

Rules and regulations of Department, observing

and enforcing 1

Salary 1

Teachers' certificates, examination for 1-4

Visit and examine schools twice yearly 4

SUPERIOR COURTS,

Appeals, Police Court 9

Attachment, person in contempt of Police Couit 8

Bailiffs, appointment 2

Page

216 140

137

219

219

24

208

121-123

122

123

123 122 122 121 122 121

123 121 123

23

57

126 125

130 130 129 128 164 128 129-130 128 213 130 129 129

129 129 130 130

129 128 130 129

66

138

62

352

Index

Section or

SUPERIOR COURTS (Continued) Subdivision Page

Clerks, appointed by County Clerk 2 61

District Attorney's assistants prosecutors in 3 60

Interpreters, compensation 20 11

Interpreters for -. 1 58

Reporters, compensation 2 58

Street assessment action 12 88

SUPERVISORS,

Abatement of nuisances 4 161

Absence from meetings 3 4

Absence from State of officer 3 215

Acceptance of streets 23 94

Accounting system, uniform 40 14

Acquisition,

Excess land over actual requirements 10 22

Land for Civic Center 10 22

Lands for opening, etc., of streets 1 100

Lands for water purposes 15 193

Public utilities 1 186

Acts of, initiative of the people 1 174

Additional deputies, etc., when authorized 35 223

Advertising, official - 2 25

Advertising, stationery supplies 3 26

Alleys, use of, control 2 9

Almshouse, maintenance 11 10

Animals, cruelty 19 11

Animals running at large 8 10

Appeal, street assessment 14 89

Appointment, clerks, etc 1 4

Apportionment of revenue to funds 11-12 33

Appropriations, public utilities 1 194

Approval of demands 19 7

Assessment,

Appeal 14 89

District 5 82

District, opening, etc., of streets 7 103

Roll 12 104

Attendance at meetings, compelling 3 4

Auditor's extra clerks, designation of 2 47

Awarding of contracts for supplies 1 24

Ayes and noes (See Votes) 3 4

Baggage rates, fixing 7 9

Ballot, arrangement of offices on 10b 168

Bids for supplies 1 24

Bids rejected, when 5 27

Bills, passage 9 5

Board of Education, report 3 128

Board of Health to submit draft of ordinances.... 4 161 Board members (Supervisors),

> Absence from meeting 3 4

Consists of eighteen members 2 4

Elected at large from City and County 2 4

Election of, at what time 1 164

Four year term 38a 225

Interest in contracts, penalty 6 216

Mayor, one acting as 6 46

Meetings, time and place 6 5

Members of Board of Equalization 2 16

Official bond 2 213

Power over members 4 4

Index :ir)3

SUPERVISOKS (Continued) i^^^Zf:. Pa..

Ouplifications 2 4

Removal for neglect to enforce provisions i:^ 193

Salary of 2 4

Term of o<Tice ' 2 4

Term of office : 38a 225

Voting See Votes) Bonds,

Interest 12 193

Issue of, proceedings govern-'ng 5-15 188-193

Municipal buildings or improvements 29- 220

Official, each Supervisor 2 213

Of officers, when may require additional 5 214

Public utilities 10 190

Boulevards, designation 25 12

Bridge construction, ordering 1 121

Budget, annual I.3 30

Bureau of supplies '. 38 14

Changes in street grades 1-17 112-121

City Attorney, actions at law 2 58

City Planning Commission 42 14

Civic Center, land for 10 22

Civil Service,

Appropriation 1 195

Employees under 11 199

Expenses etc. 17 202

Fixing salaries „ 17 202

Report of commission 15 201

Claims for damages 8 20

Claims may be revived, when 1 43

Cleaning and sprinkling streets 13 10

Clerk of Board,

Advertising, stationery supplies „ 3 26

Anpointment 1 4

Changes of grade 7-8 115

Check accompanying bid ...„.„ 1 24

Clerk, Board of Equalization 2 16

Contract, copy of each, filed with 21 76

Contracts, countersigning and registering 5 27

Custodian, seal of City 7 5

Custody and recording of ordinances 17 7

Custody of City stationery 3 23

Duties and powers 7 5

Exempt from civil service 11 199

Official bond ."..... 2 213

Opening, etc., of streets 3 101

Petition, acquisition of public utilities 3 187

Signature, leases, etc 7 5

Streets, opening, etc 10-11 104

Closing of streets, procedure 27 96

Closing streets, power in relation to 1-19 100-109

Common school fund, transfer of money to 3 131

Condemnation, opening, etc., of streets 16 108

Condemnation, property for public use 12 10

Conditional acceptance of streets 23 94

Contracts, extensions of time on 21 76

Contracts for supplies, etc., to be let by 1 24

Conveyance of lands 29 12

Convicts, apprehension 21 11

County jails, power to maintain 11 10

Cruelty to animals, fines 19 11

354

Index

SUPERVISORS (Continued) Subdivision Pace

Damage cla.ms, when to be presented 8 20

Decision final and conclusive 5 102

Defalcations by officers 4 17

Deficiency in fund 16 109

Delinquency of taxes 17 35

Demands, approval of 19 7

Demands, approval of 13 42

Demands, form of 39 14

Department of Electricity, salaries 3 159

Deposits of public funds 2 50

Designs, approving 10 208

Detention, houses of, maintenance 11 10

Disbursement of public moneys 15 34

District, assessment 5 82

Dockage tolls 2 .112

Drainage, general system, tax levy 22 11

Drainage system 1 HO

Eight-hour day 24 11

Elected at large from City and Countj^ 2 4

Elected officer, removal 18-20 218

Election of, at what time 1 164

Elections, special fund 14 180

Electric power,

Franchise, granting 7 19

Rates, power to fix 14 10

Regulation 13 10

Equalization, Board of, members 2 16

Estimates, budget 1 30

Excess land over actual requirements, acquiring 10 22

Fxemiit firemen, relief 36 13

Ex-Mayors entitled to seat with 2 4

Expenditures, monthly limit on 9 31

Expenditures under two hundred dollars 13 6

Experts, may provide for employment of 2 215

Exposition bonds 29a 222

Extending streets, power, in relation to 1-19 100-109

Extensions of time, contracts 21 76

Extra sessions, calling 5 46

Fees, official services 17 11

Felons, auprehension 21 11

Files, methods of, prescribing 41 14

Finance 1-17 30-35

Finance Committee (See Finance Committee).... 3-4 16-17

Fire alarm station in Jefferson Square 6a 206

Fire limits, fixing 5 9

Forfeiture of fianchise,

No power to relieve from 7c 39

Street railway 6 19

Form of demands 39 14

Fourth of July, appropriation 18 11

Four-year term for 38a 225

Franchises,

Granting 12 6

Purchase by City ^a 37

Street railway — 6 17

Funded debt, liquidation of 3 36

Funds 1-17 30-35

Gas service, power to regulate 13 10

Grade changes 1-17 112-121

Grade of street, fixing 1 77

Hackney carriage 7 9

^ Index 355

SUPERVISORS (Continued) slfbdlv^sJon Page

Harbor, control over 1-2 112

Health ordinances, how enforced 4 161

Hearing of objections, opening, etc., of streets.... 4-5 102

Heating regulation and rates 13-14 10

Hospitals, maintenance 11 10

Hours of labor for public service 24 11

Initiative, action by people '... 1-16 174-180

Insane, detention 10 10

Interest in contracts, penalty for 6 216

Interest on bonds, payment 12 193

Interpreters 20 11

Jails, maintenance 11 10

Jefferson square, fire alarm station 6a 206

Journal of proceedings 3 4

Jurisdiction, acquiring 5 102

Laborers, hours and wages 24 11

Lands, conveyance of 29 12

Law Library, provision for 1 67

Laws, enactment 1 8

Laying of pipes, etc 5 17

Lease of public lands 32 13

Legislative power vested in 1 4

Levy and apportion taxes 11-13 33

Levy, tax 5 31

Library-, annual tax levy, limit 2 132-133

Library bonds, authorized to sell below par 10a 192

Library purposes, authorizing use of City real

estate for 7 134

Licenses, taxes 15 10

Lighting,

Franchises, granting 7 19

Rates, power to fix 14 10

Regulation 13 10

Streets and buildings 6 27

Litigation, dismissal by City Attorney 2 58

Local laws, power to enact 1 8

Lots, vacant, transfer to other departments 31 13

Majoritv vote (See Majority Vote)

Map. street assessment 2 78

Materials, street work, contracts 31 98

Mayor's contingent fund 35 13

Mayor, former, right to sit on Board 2 4

Mayor, member to act as, when 6 46

Meetings, time and place 6 5

Members of Board of Supervisors (See Board Members under Supervisors)

Memorial day, appropriation 18 11

Minimum wages, laborers 24 11

Moneys, public, disbursement 15 34

'^'^or^'ue, maintenance 9 10

Motion to reconsider 12 6

Municipal buildings, provision for construction.. 29 220

Negotiations, acquisition of public utilties 4 188

New assessment, ordering .: .* 11 104

Nuisances, abatement 6 9

Nuisances, ordinances 4 161

Offal, conveyance to parks 4 9

Offers for sale of public utilities to City 2 186

Official advertising, contracts 2 25

Official bond, each Supervisor 2 213

35G Index

SUPERVISORS (Continued) Su^bdiv^sWrn Pace

Opening streets, power in relation to 1-19 100-109

Ordinances (See Ordinances),

Initiative of the people 1 174

Passage 9 5

Power to enact and enforce 1 8

Submitted to referendum by 2 181

Violation of, penalties 16 11

Outside lands, school lots, sale of 11 23

Panama-Pacific Exposition 37 13

Panama-Pacific Exposition bonds 29a 222

Parks, provision for support 11 208

Passage, bills and resolutions 9 5

Passage of ordinances, general provision 1 8

Passenger vehicles 7 9

Playgrounds, appropriation for 10 212

Playgrounds, lands may be set aside Jor 8 211

Poles, erection of, franchise 7 19

Police,

Contingent fund 6 140

Laws, power to enact 1 8

Pension fund 11 147

Relief and pension fund report 13 148

Pound, rules governing 8 10

Power, franchises, granting 7 19

Power rates, and regulation 13-14 10

Powers of 1 8

Powers of 4 4

President of Board 5 46

President pro tern, of Board 6 46

Presiding officer 5 5

Printing contracts 3 26

Prisons, maintenance of 11 10

Proceedings 3 4

Proceedings, street work, power to order special 33 99

Property for public use, acquisition 12 10

Property, purchase under execution 34 13

Public improvements or utilities, data on 10 72

Public places, use of, control 2 9

Public use, property for 12 10

Public utilities.

Acquisition 1-13 186-193

Power to fix rates 14 10

Public work, ordinances relating to •9 70

Purchase of property levied upon 34 13

Qualifications, board members 2 4

Quorum, majority to constitute 3 4

Railroads,

Entering City 28 12

Franchises 28 12

Paving streets i 27 12

Tracks, paving 24 94

Rate fixing power 14 10

Reconsider, motion to 12 6

Records, keeping of 41 14

Referendum, ordinance 2 181

Relief Home tract, sale and purchase of lands.. 10 23

Removal for neglect to enforce provisions 13 193

Removal of officers 18-20 218

Resolutions, passage 9 5

Revenues, fixing and collecting 14 34

-^Jndex

357

SUPERVISORS (Continued) SubdiJfsfJ'n Page

Revival of claims 1 44

Revolving fund, provide for creation of 29% 221

Rules for proceedings 2 4

Salary, members of Board 2 4

Sale of City personal property 33 13

Sale of lands owned by City 9 20

Sanitary laws, power to enact 1 8

Sanitation ordinances, enforcing 4 161

Schools,

Annual tax levy, provision for 2 131

Department report 3 128

Lease of property 11 127

Sealer, Weights and Measures 1-2 57

Seals, City 23 11

Sergeant-at-arms, appointment 1 4

Session, Mayor calling 19 218

Sessions, extra, to be called by Mayor. 5 46

Sewers,

Cost, majority vote „ 2 78

Flushing 13 10

Lands for 9 111

Tax levy 22 11

Side tracks, permits , 3 9

Sidewalks, use of, control 2 9

Special sessions, called by Mayor 5 46

Spur tracks, permits 3 9

Stationery, contracts for 3 26

Steam heat rates, power to fix 14 10

Steam railroads, grants to,, street work 28 12

Steinhart Aquarium 43a 16

Street railways.

Fares, charges, rates of speed 27 12

Franchises 6 17

Franchises, penalties 7c 39

Franchises, purchase 7a 37

Streets,

Acquiring jurisdiction 5 102

Assessment, appeal 14 89

Assessment, payment in ten yearly install- ments 33 99

Cleaning and sprinkling 13 10

Cleaning and sprinkling 29 97

Grades, change of 1-17 112-121

Improvement applications 2 77

Improvement bonds 29^4 221

Improvements, ordering 33 98

Majority vote ,. 33 98

Opening, straightening, extending, widening,

closing - 1-19 100-109

Paving by railroads 28 12 '^

Power to pass ordinance ordering 33 98

Powers ■ 14 90

Use and control 2 9

Width and grade fixing 1 77

Subsistence, supplies 1 24

Subways, ordering construction 1 121

Supplementary assessment 18 109

Supplies, contracts for 1 24

Surplus fund 16 34

Surplus fund, disposition of 3 36

358 Index

Section or SUPERVISORS (Continued) Subdivision Page

Suspension of officers 18-20 218

Sweepings, streets, to park 4 9

Taxes,

Apportionment to funds 11-12 33

Delinquency of 17 35

Levy, making 5-11 31-32

Limit, suspension of 13 33

Rate, increase 13 33

Telegraphic service, regulation 13 10

Telephone rates, power to fix 14 10

Telephone service, regulation 13 10

Ten-year installments, street assessments 33 99

Term of office, board member 2 4

Term, those highest number of votes 38a 225

Tolls for wharfage 2 112

Transportation rates, fixing 7 9

Trusts, execution of 30 12

Tunnels, construction 26 12

Tunnels, may order construction of 1-3 121-123

Uniform system of accounting 40 14

Unnecessary funds, abolition of 38 225

Unsafe structures 6 9

Urgent Necessities fund 8 31

Use of streets, control 2 9

Vacancy in office of Mayor, how filled 6 46

Vacant and unused lots, transfer to other depart- ments 31 13

Vehicles, passenger 7 9

Veto, separate items, by Mayor, reconsideration.. 14 6

Viaducts, ordering construction 1 121

Violation of ordinances, penalties 16 11

Voting (See Voting, Majority Vote)

Warrants, forms in which to be drawn 39 14

Water rates, power to fix 14 10

Water service, regulation 13 10

Water supply, acquiring lands for, power 15 193

Water works and sources, estimates 1 186

Weights and Measures Department 1-2 57

Wharves of City, jurisdiction over 1-2 112

Widening streets, power in relation to 1-19 100-109

Width of street, fixing 1 77

Witnesses, detention 10 10

Wooden buildings, restriction, certain limits 5 ' 9

SUPPLEMENTAL,

Assessment 18 109

Initiative petition 3 177

SUPPLIES,

Bids, competitive 1 24

Bond of contractor 7 28

Bureau of Supplies 38 14

Buying by departments, etc., how limited 5 216

Contracts for each department 1 24

Contracts for, registering 9 31

Corporation store yard 32 98

Fire Department contracts 4 152

F^re Department, corporation yard 9 150

Hospitals 1 24

Inferior, officer accepting, penalty 4 27

Officials not to be interested in 6 216

Printing 3 26

Index

359

SUPPLIES (Continued) i^i^^^JL

Prison-made goods not allowed 1

Prisons 1

Proposals for, and schedule of 1

Schools 2

Separate bid for certain articles 1

Stationery 3

Storekeeper , 32

Superintendent of schools purchasing 5

SUPPRESSION OF RIOTS,

Chief of Police 2

Mavor 2

SURETIES,

Bond, contract. Board of Public Works 21

Bondsmen, Police Court actions 6

Contractor's bond 7

On official bonds of officers 3-5

Street railway franchise bid 6

SURETY BONDS (See Bonds)

SURGEONS.

Police Department 7

San Francisco Hospital 7

SURPLUS.

Bequests, investment 8

Bond issue 10

Earnings, municipality owned public utilities 12

Earnings, public utilities 12

Street excavation deposits 9

Supplementary assessment 18

SURPLUS FUND,

Balances not to be transferred to 16

Bequests, parks, investment 8

Bond issue funds 29

Consists of what 3

Funded debt, liquidation of 3

How created 16

Judgments, payment of 3

Police Relief and Pension Fund, transfer 13

Purposes and order in which to be used 3

Revenue ensuing fiscal year 3

SURRENDER, books, documents, etc.. by officials.... 3

SURVEYING, included under incidental expenses.... 26

SURVEYOR, CITY AND COUNTY, succeeded by

Citv Engineer 11

SURVEYS ..'.. 11

SUSPENSIONS,

Appeal to Civil Service Commission 12

Appointment during period of 18

By appointing officer in charge 12

Charges by Mayor 19

Chief Engineer, Fire Department 2

Chief of Police 1

Civil Service Conimission, notice to 13

Civil Service provision 12

Defalcation or wilful neglect 2

Elected officers, when and how 18-19

Failure to report violations 3

Fire Commissioners 8

Grounds for 12

Notice by Mayor to Supervisors 19

Page 24 24 24

128 24 26 98

130

139 39

76 64 28 214 18

137 161

207 191

33 193

72 109

34

207

220

36

36

34

36

148

36

36

214

96

72 72

200 218 200 218 152 139 201 200

45 218

46 150 201 218

360

Index

SUSPENSIONS (Continued) S^ubdivfsi'on Page

Officers by Mayor 3 17

Officers for misfeasance 4 27

Police Commission, powers 1 136

Salary lost during 12 201

Tax limit 13 33

SWEEPING OF STREETS 29 97

SWEEPINGS, STREET, to parks 4 9

T

TALLYING ELECTION RETURNS 19 171-172

TAX-COLLECTOR,

Arrests, making 4 55

Ballot, arrangement of office on 10b 168

Civil Service employees under and those exempt 11 199

Collection of taxes, licenses, etc 2 54

Collections to be paid into treasury 2 54

Delinquent date, notice 17 35

Delinquent taxes, collection 2 55

Deputies and assistants, salaries 1 54

Duties of 2 54

Election, qualifications, term, salary 1 54

Election of, at what time 1 164

Expenditures, one-twelfth limit on, exempted 9 32

Extra clerks 1 54

Four-year term for 38a 225

Licenses, examination, revocation 4 55

Office hours 14 218

Official bond 2 213

Police powers, himself and deputies 4 55

Report monthly on licenses, receipts, etc 5 55

TAX PAYERS, budget hearing 3 30

TAXES,

Apportioned to specific funds 11 33

Bills and receipts, printing 3 26

Bond interest and sinking fund payments 12 193

City Attorney to collect delinquent 3 55

Collection by Tax Collector 2 54

Constitutional enactments 13 33

Delinquent,

Collection of 2-3 54-55

Publication of list 2 26

When and postponement 17 35

Deposit daily in treasury 17 218

Dollar limit 11 33

Elections, cost of 13 33

' Emergency or necessity 13 33

F'remen's Relief Fund, levy for 2 155

First installment payment postponed, when 17 35

Increase in certain emergencies 13 33

Installment payments 17 34-35

Interest on bonds 11-12 33

Legislative enactments 13 33

Levy,

Advertising 13 6

Limit for City's expenses and items beyond.. 11-13 33

Sewers and drains 22 11

To include interest and part principal, pub- lic utility 12 193

Index

361

TAXES (Continued) S^ubdiv?s?on Paee

To meet budget 5 31

Veto of separate items by Mayor 14 6

When made by Supervisors 11 32

Licenses, regulation 15 10

, Limit,

Dollar 11 33

Necessity or emergency, suspension 13 33

Sixty-five cents over the dollar 13 34

Parks 11 33

Parks, levy for 11 208

Payment, times for 17 34

People, vote of, added liabilities 13 33-34

Police Relief and Pension Fund, deficiency and

levy 11-13 147-148

Public library, levy for 2 133

Public utility,

Bonds, exempt 10 190

Levy to acquire 14 193

Municipal, earnings of 12 33

Rate of, increase by Supervisors 13 33

School purposes, levy for 1-3 130-131

Sinking funds 11-12 33

TEACHERS,

Appointment, promotion, dismissal, transfer 2 12r»

Certificates, grant, renewal or revocation 3 125

Charges against 2 125

Examining 1 130

Salaries.

Fixing 2 125

Monthlv payment 1 43

Schedule 4 128

Withholding from , 2 125

TEAMS,

Claim, unpaid bill 7 28

Cleaning and sprinkling of streets 29 97

TEARING UP STREETS, proceedings: 9 71

TECHNICAL TRAINING,

Exempt from civil service 11 199

Exempt from residence restrictions 2 215

Municipally owned utilities 8 71

TELEGRAPHS,

Poles, erection, regulating 1 70

Police system 1 159

Supervisors, power to regulate 13 10

TELEPHONES.

Acquisition of plants by City 1 l^fi

Offers for sale to City 2 186

Poles, erection, regulating 1 70

Police system 1 159

Rate fixing by Supervisors 14 10

Supervisors, power to regulate 13 10

TEMPORARY, fences, areas on sidewalks 1 70

TEMPORARY APPOINTMENTS,

Civil Service Commission, notice to 13 20

Limited to sixty days 10 198-199

TEN BLOCK PROVISION, joint use by street rail- ways 27 12

TEN DAYS PUBLICATION (See Advertising)

362

Index

TEN YEARS, Subdivision Paee

S'treet assessment installments 33 99

Street assessment installments 1 100-101

Street assessment installments 29^/^ 221

Tunnel, subway and viaduct assessment 2 122

TENTH STREET, sale of lands 9 20'

TERM,

Appointed officers terminate, when 36 223-224

Expiration of, officials surrendering property 3 214

Four years 38a 225

Franchises, street railways 6 17

Judges, Police Court 1 63

Lease, school property 11 127

Of office (See under respective officers)

School directors , 1 124

Street railway franchise 6 17

Street terms, definition 26 95

Supervisors receiving highest number of votes.... 38a 225

Unexpired, appointment by Mayor 4 46

TESTIMONY,

Police Commission hearings 8 137

Police Court 1 64

TEXT BOOKS, school 5 129

THEATRES, police officer detailed to 12 148

THIRTEENTH STREET, sale of lands 9 20

TIES, election, canvass 20 173

TILLERMEN, Fire Department 1 153

TIME.

Advertising bills and resolutions 13 6

Amendments to charter, election 22 8

Assessment district objections, hearing 5 81

Bills or resolutions, return by Mayor to Board of

Supervisors 16 6

Budget estimates, etc 1 30

Claims, revival of 1 44

Delinquent assessments : 1 105

Demands, presentation of 1 43

Eight-hour day, laborers 24 11

Extensions of, contracts 21 76

Franchise grant, renewal 12 6

Franchises, street railways, term 6 17

Lease of City lands 32 13

Lighting streets, etc., contract for one year 6. 27

Materialmen, claim against contractor 7 28

Motion to reconsider, vote on 12 6

Objections, owners, street assessments 4 79

Ordinance, taking effect 15 6

Sale of delinquent assessments..... 3 106

Street assessment action, commencing 15 90

Street railway construction, commencement 6 19

Streets, opening, etc., notice 10 104

Taxes, payment and delinquency 17 34-35

Tax levy, making 11 32

TITLE,

Conflicting 9 103

Defective, lands for opening, etc., of streets 19 109

Ordinance, subject expressed in 11 5

Public library property 4 133

TOLLS FOR WHARFAGE 2 112

Index

363

Section or

Subdivision Page TRACKS,

Board of Public Works, regulating laying 1 70

Forfeiture, franchise penalty 7c 39

Jomt use, five blocks each end of t innel, etc 5 123

Joint use, ten blocks, street railway 27 12

Lease on reversion to City 7 20

Reverting to City 6 19

TRANSFER,

Balance in funds at time of new charter 37 224

Bond issue surplus 10 191

Civil Service Commission, notice to 13 201

Common school fund, money to 3 131

F^re Department members 7 150

Firemen not to be transferred except for cause.. 2 151

Funds not lawful 1 35

Library purposes, City real estate for 7 134

Patented pavement, rights 26 95

Police Relief and Pension Fund, to surplus fund.... 13 148

School pupils 4 129

Surplus fund, balances to 16 34

Teachers 2 125

To meet deficiency, change of grade fund 15 119

Unapportioned fee fund, from 10 41

TRANSPORTATION,

Deposits in banks of public funds 2 52

Persons and baggage 7 9

Street railway 27 12

TR.AVEL. restoration of. t'mnel construction 2 122

TREASURER, TREASURY,

Accounts of funds to be kept distinct 2 50

Appointment of assistants, salaries 1 49

Attendance at office daily 2 50

Auditor must know condition of and report on.... 1 47

Bags of money 3 52

Bail moneys 5 65

Ballot, arrangement of office on 10b 168

Bonds.

Official bond 2 213

Redemption of 7 37

Registering of 10 192

Signing of 11 192

Unsold, sale of 10 191

Cancellation of paid demands 6 53

Change of grade, delinquent assessments 12 118

Chief deputy 1 49

City Engineer's fees 12 73

Civil Service, employees under and those exempt 11 199

Condition of treasury, reporting 2 49

Contracts, payments due on 10 32

Counting boards, elections 19 172

County Clerk, deposits by....'. 4 36

Coupons, cancellation of 10 192

Custody, public moneys 1 39

Daily deposit of all moneys 17 218

Deficiency in 3 52

Delinquent on assessments, purchase of property 3 106 Demands,

Against, when barred 1 43

Approval by Supervisors before payment 19 7

364

Index

TREASURER, TREASURY (Continued) s^Mi^rsk^n

Approved by Auditor before payment :>

Limit in single month 9

Payment in order of presentation 6

Payment or refusal to pay 5

Registration of 6

Deposits of public funds 2

Disbursement, public moneys, only officer 1

Duplicate receipt for money 4

Duties of 2

Election fees 8

Election of 1

Election of. at what time 1

Election officers 19

Employees : 1

Exposition bonds 29a

Extra assistants, payment,- demands of 12

Fees, etc., collected to be paid to 3

File monthly and quarterly statements 2

Fire Marshal depositing moneys.. 4

Firemen's relief fund 8

Four-year term for 38a

Joint custody safe, control with Auditor 3

Liabilities on, restriction 9

'Liability on official bond 4

Mileage fee statements 11

Misconduct in office, when ' 2

Moneys,

All to be paid to 1

Daily account of 2

Drawn from only by demand 6

Received monthly, report 8

Transfer from unapportioned fee fund 10

Official bond 2

Official receipts, furnishing 5

Office hours, daily 14

Outside of City, payments for work 9

Outstanding bonds, when to pay for 7

Panama-Pacific Exposition bonds 29a

Payment of demands. Supervisors and Auditor

approving before 19

Payments only by demand : 2

Pay rolls, certification by Civil Service Commis- sion 19

Police relief and pension fund 9-11

Property Clerk depositing money with 5

Public Administrator, deposits by 4

Qualifications 1

Receipts, issuing of and entering on stubs 4-8

Redemption money, property sold for delinquent

assessment , 5

Registrar of voters, fees 8

Report monthly to Auditor 8

Safes to be kept 3

Salary demands, approval by Civil Service Com- mission before action by 19

Salary of 1

Shortage in 3

Special deposit fund 4

Street assessments 8

Streets, opening, etc., warrants and judgments.... 15-16

Page

47

31

53

53

53

50-52

39

52

49

167

49

164

172

49

222

42

39

49

154

157

225

52

31

40

41

50

39 49 31 41 41

213 40

217 49 37

222

7 49

202

147

144

36

49

40-41

107

167

41

52

202

49

52

36

107

108

Index

365

TREASURER, TREASURY (Continued) Subdivision

Surplus fund 16

Tax Collector's collections to be paid into 2

Term of office 1

Tunnel, subway and viaduct construction costs,

payment out of 2-4

Unappoitioned Fee Fund 10-12

Unauthorized demands 5

Unpaid demands, register 6

TRIALS,

By appointing officer on charges 12

Fire Department members 6

Police Commission 8

Police Court 5

Police officer 3

TRUANCY, remedying 4

TRUCKMEN, Fire Department * 1

TRUSTEES,

Firemen's relief fund 1

Police relief and pension fund 1

Public Libraries 1

TRUST FUNDS, schools 12

TRUSTS,

Execution by Supervisors 30

Libraries, public 2

TUNNELS,

Acquisition of lands for 15

Amending ordinance and procedure 3

Approaches, approving designs 10

Approaches and portals, lands for 2

Assessments to meet cost 1-4

Combining procedure 3

Damages, costs, etc., expenses 2-4

Exclusive right to operate, except by City, for- bidden 5

Five blocks approaching each end, joint use of

tracks 5

Installment payments 2

Levying assessment 2

Municipal Railway through 5

One proceeding, two or more tunnels 6

Ordinance authorizing 1

Payment of costs and expenses out of treasury 4

Purchase or condemn land 2

Restoration of street travel 2

Street railway through, operation municipal or

private, singly or jointly 5

Supervisors,

Majority vote 2

Ordering construction 1

Power to construct 26

Two or more lines of street railway using 5

TWELFTH STREET, sale of lands 9

TWO PLATOON SYSTEM 11

TWO POSITIONS, employee holding 4

U UNANIMOUS VOTE,

Police Commission, pensions 2

Tax limit, suspension of 13

Paere 34 54 49

122

41-42

53

53

200 150 137 64 142 125 153

155 144 132

127

12 134

193 122 208 122 121-123 122 122

123

123 122 122 123 123 121 122 121 122

123

122 121

12 123

20 151 216

144 33

366 Index

Section or Subdivision Page UNAPPORTIONED FEE FUND,

Creation of 4 40

Extra employees, payment of 12 42

Mileage fees, to be paid out of 11 41

Transfers from by Treasurer 10 41

Transfer of funds 1 35

UNAUTHORIZED DEMANDS 5 53

UNCLAIMED PROPERTY 1-5 143-144

UNDERGROUND, power wires, pipes and mains, lay- ing 1 70

UNDERWRITERS' FIRE PATROL 1 153

UNEXPENDED,

Appropriations 7-9 31

Auditor, weekly statements 10 32

Balance of appropriations on contract 10 32

Balances, transfer at time of new charter 37 224-225

Monthly balances 9 . 31

UNEXPIRED TERM, appointment by Mayor 4 46

UNFINISHED PORTION, private street contract, re- letting 20 75

UNGRADED PORTION OF bTREET, proceedings not

stayed by objections 4 80

UNIFORM,

Lighting rates 6 28

System of accounting 40 14

UNIFORMS, Fire Department 5 149

UNIMPROVED PORTION OF STREET, proceedings 4 80 UNITED STATES OP AMERICA, work done in front

of property of 8 83

UNMARRIED WIDOW, pension 4 145

UNNECESSARY FUNDS 38 225

UNPAID BILL, claim 7 28

UNPAID DEMANDS,

Payment out of delinquent revenue when collected 6 36

Register of 6 53

UNSAFE STRUCTURES, Supervisors, power... 6 9

UNSOLD BONDS, sale of 10 191

UNUSED LOTS, transfer to other departments 31 13

URGENT NECESSITIES,

Appropriation for 8 31

Expenditures, one-twelfth limit on, exempted.. 9 32

Public improvements without advertising 14 73

Street work 8 83

Supervisors, majority vote 8 31

Tax rate limit 13 33

URGENT REPAIRS TO STREETS 30 97

USE,

Franchises not in, forfeited 26 219-220

Joint, of tracks, five blocks 5 123

Joint, of tracks, ten blocks 27 12

Library purposes, city real estate for 7 134

Patented pavement 26 95

Public use, buildings in parks 6 206

Streets (See Streets) UTILITIES (See Public Utilities)

Index

367

VA^^AiNL/l, Subdivision Page

Absence from State for more than sixty days cre- ates 10 217

Appointment by Mayor to fill 4 46

Census Marshal 7 126

Civil Service Commission, notice to 9-10 198

Civil Service Commission, notice to 13 201

Civil Service, how filled 8 198

Finance Committee 3 16

Fire Marshal 1 153

In municipal offices, what constitutes 10 217

In office of Mayor, how filled 6 46

Neglect to qualify within prescribed time after

election or appointment causes 10 217

Recall election 3-10 183-184

Resident, ceasing to be, causes 10 217

Two positions held by employee, causes 4 216

VACANT LOTS, transfer to other departments 31 13

VACATIONS, Fire Department, without loss of pay.... 2 158

VALIDITY,

Elections, informalities 23 174

Error not affecting 9 103

Initiative petition 2 176

Library bonds 10a 192

Recall election 1 182

Street improvement assessment 14 90

VALUABLES, Property Clerk, deposit 5 144

VALUATION,

Cost, plus 7a 37

Fifty per cent of, assessing 33 99

Interest during construction 7a 37

Lands for opening streets 6 102

Street railway franchise 7a 37

VAULTS, under sidewalks, permits 1 70

VEHICLES, Supervisors regulating use of 7 9

VERIFICATION, initiative petition 3 176-177

VETO,

Budget '. 4 30

Ordinance, initiative petition 7 179

Overcoming, vote necessary 4 30

Separate items in bill 14 6

VIADUCTS,

Approaches, approving designs 10 208

Assessment to meet costs, damages and expenses 1-4 121-123 Exclusive right to operate, except by City, forbid- den 5 123

Five blocks approaching each end, joint use of

tracks 5 123

Installment payments 1-2 121-122

Payment of costs and expenses out of treasury 4 122

Purchase or condemn lands 2 121

Street railway over, operation municipal or pri- vate, singly or jointly 5 123

Supervisors ordering construction 1 121

VIOLATION,

Contracts 3 46

Order, Police Judges 6 65

Ordinances,

Fines 11 147

Penalties 16 11

Police Court jurisdiction 2 63

368

Index

VIOLATION (Continued) S^uSsfon Page

Regulations, contracts for public work 16 74

Rules, Police Department 2 142

Treasurer, handling of funds 2 50

VITAL STATISTICS, registration 4 161

VOID,

Bid in case of collusion 18 75

Contract, failure to complete within time 21 76

Contract for public work, violation of regulations 16 74

Ordinance, where subject not expressed in title.... 11 5

VOLUNTEER FIREMEN, relief 36 13

VOTING,

Amendments to charter 22 8

Ayes and noes,

Board of Education 3 124

Board of Public Works 5-6 69

Board of Supervisors 3 4

Board of Supervisors 9 5

Entry, Journal of Proceedings 3 4

Franchise grant 6 19

Library Trustees 6 133

On reconsideration 16 7

Police Commission 4 136

Bills and resolutions, Supervisors 9 5

Board of Education .....' 3 124

Board of Supervisors 3 4

Budget 3 30

Change of grade ordinance : 17 120

Counting of ballots 19-21 171-173

"Entire vote" 25 174

Extensions of time on contracts 21 76

Franchise grant 6 19

Franchise grant to vote of people 7 20

Franchise, purchase .^ 7a 38

Initiative petition 6 178

Instructions to voters _ 10a 168

Lease of City lands , 32 13

Library Trustees 6 133

Machines, voting 14 170

Majority vote (See Majority Vote)

Mayor, office of, how computed 25 174

Motion to reconsider 12 6

Municipal elections 1-25 164-174

Pensions, Police Department 2 144

People,

Acquisition of public utilities 2 186

Franchise grant 7 20

Initiative 1 174

Recall 1 182

Referendum 1 181

Playground Commission 10 212

Police Commission 4 136

Recall 1 182

Reconsideration of bill or resolution 16 7

Referendum elections 1-9 181-182

Registration of voters 5 164

Sale of City lands, vote of Supervisors 9 22

Sewer,

Construction 8 111

Cost exceeding certain unit 2 78

Lands for 6 111

Index

869

VOTING (Continued) s^ubdiWsfJn Page

Street railway franchise, purchase 7a 38

Streets,

Improvement of, ordering 2 78

Opening, widening, etc 1 100

Work, Supervisors ordering 33 98

Suspension of officer 19 218

Tax limit suspension 13 33

Tunnel, subway and viaduct construction 1 121

Two-thirds of, when necessary 4 188

Unanimous vote 2 144

Urgent necessities fund, expenditures from 8 31

Veto, overcoming 4 30

W

WAGES (See Salaries, Minimum Wage, and under re- spective offices and departments)

WAIVER, claim for damages 2

WARDENS, FIRE 1

WARRANT AND BOND CLERK,

Authority to issue bail bonds 5

Contempt of court, release of prisoners 6

Deputies and salaries 5

Office of, to be kept open continuously 5

Official bond 2

Penalty for other persons to receive bail money 8

Release of prisoners, power 5

Subject to order of Police Judges, when 6

WARRANTS (See Demands)

District Attorney 2

Firemen's relief fund 8

Form of 39

Police relief and pension fund 9

School Department employees 10

Street assessments 12

Streets, opening, etc 8

WATCHMEN, Fire Department 1

WATER,

Board of Public Works, plans, estimates, of water- works 10

Finance Committee examining books, etc 4

Locationr and quality 13

Offers for sale of works to City 2

Pipes, regulating laying of 1

Pipes to be laid before acceptance of street 23

Plans and estimates of cost for acquisition of sup- ply 1

Power of Supervisors to acquire lands for supply.. 15

Rates for use 14

Sources of supply, estimates 1

Supervisors, power to regulate 13

Works, estimate of, for what purpose made 1

WATER TOWER COMPANIES, of whom composed.. 1

WEAPONS,

Destruction by Property Clerk 3

Fines carrying concealed 11

To be taken from prisoners , 2

114 154

65 65 65 65 213 66 58 65

60 157 14 146 127 87-88 107 158

72 17 10 186 70 94

86 193

10 186

10 186 153

143 147 142

370

Index

WEIGHTS AND MEASURES DEPARTMENT,

Appointments in

Civil Service provisions

Duties and powers, Sealer and deputies

State la,ws, subject to

WHARVES (See Harbors)

Built and repaired by Board of Public Works

Control of Supervisors

May be leased but not sold :

Tolls for wharfage and dockage

WIDENING OF STREETS

WIDOW,

Pension, Fire Department

Police officer, receiving pension while unmarried

WIDTH OF STREETS,

Acceptance, entire width

Closing, less than forty feet

Supervisors fixing

WIRES,

Department of Electricity enforcing ordinances....

Fire alarm system

Franchise, no exclusive for laying

Franchises, granting'

Jefferson Square, fire alarm station

Police telephone and telegraph system

WITHDRAWAL,

Candidates for office

Deposits of public funds "...

Initiative petition, signatures from

Moneys from joint custody safe

WITHHOLDING MONEY,

Contract, to meet

Debits from demands

From teachers

WITNESSES,

Change of grade

Detention of, places for

Finance Committee, examining

Opening, etc., of streets

Police Commission hearings

WOODEN BUILDINGS,

Fire limits, fixing -.

Unsafe structures, Supervisors, power

WORK (See Public Work)

WORKS OF ART, acceptance and location 10

Section or
bubdivisiou	Page
1-2	57
2	57
1	57
3	57
1	112
1	112
2	112
2	112
1-19 100-109
5	156
4	145
23	94
27	96
1	77
6	159
4	159
5	17
7	19
6a	206
4	159
10c	169
2	51
2	176
3	52
10	32
6	48
2	125
4	114
10	10
3	17
6	102
8	137
5	9
6	9

20^

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SEP an

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OCT 10

KOV 25 1932

FEB 27 1933

MAI

APR id^yji

OCT ^9 ^^^' 4AN 4 \m

5 J936

JH..'il,.IHl.!

NOV 291937

APfi 18 1940

iOjan'52LU 1 1 Dec '62 J j

LD 21-50m-8,'32

LD 21A-50m-ll,'62 (D3279sl0)476B

General Library ^ University of California Berkeley

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/^

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