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CITY AND COUNTRY
PREPARED AND PROPOSED BY THE
BOARD OF FREEHOLDERS,
Elected December 27. 1897, In pursuance of the Provisions of
Section 8. Article XI. of the Constitution of the
State of California.
article I— BOUNDARIES, rights
articl: ii-legislative depart-
Chapter I— The Board of Supervisors.
Chapter ll— Powers of the Supervisors.
Chapter lll— Contracts.
ARTICLE III— FINANCE AND TAXA
Chapter Levying of Taxes.
Chapter ll— The Several Funds.
Chapter lll— The Custody of Public
Chapter Payment of Claims.
ARTICLE IV— EXECUTIVE DEPART
Chapter I— Mayor.
Chapter lll— Treasurer.
Chapter IV— Assessor.
■ Chapter V— Tax Collector.
* Chapter Vl Coroner. '
ARTICLE V— LEGAL DEPARTMENT.
Chapter I— Superior Court Judges.
Chapter ll— City Attorney.
Chapter lll— District Attorney.
Chapter IV— Public Administrator,
Chapter V— County Clerk.
Chapter Vl— Sheriff.
Chapter Justices' Court.
Chapter Vlll— Police Court.
Chapter IX— San Francisco Law Library.
ARTICLE VI— DEPARTMENT OF PUB
Chapter I-Board of Public Works.
Chapter ll— lmprovement of Streets.
Chapter 111-Opening of Streets.
Chapter IV --Sewers and Drainage,
Chapter V-Harbors and Wharves.
ARTICLE VII - PUBLIC SCHOOLS
C KrIY- B sX d or s fl::dUCatlOn -
Edu h c a a P tlon. III POWer 3 ° the B °««» of
Chapter IV-Superintendent of Schools.
Boundaries, Rights and Liabilities.
• SECTION 1. The municipal corpora
tion known as the City and County of
ban Francisco shall remain and con
tinue 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 suc
cession; may sue and defend in all
courts and places and In all matters
and proceedings; may have an 1 use a
Common seal and alter the same at
pleasure; may purchase, receive, hold
and enjoy real n.nd personal property; i
receive bequests, gifts and donations of j
all kinds of property, In fee simple, or
In trust for charitable and other pur- j
poses, and do all acts necessary to
carry out th« purposes of tuch gifts,
bequests and donations, . Aith power to
manage, sell, lease or otherwise dispose
of the same in accordance with the I
terms of the gift, bequest or trust.
Bee. 2. The boundaries of the City
and County of Can Francisco are here- !
by declared to be those set forth in j
Section Thirty-nine Hundred and Fifty !
of the Political Code nf California.
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 I
hereby declared to be the successor of I
Sec. 4. Suits, actions and proceedings !
may be brought in the name of the City
and County for the recover: of any !
property, money or thinr belong- j
ing thereto, in law or equit;-, or dedi- |
cated to public use therein, or for the
enforcement of any rights cf, or con
tracts with, the City and County, \
whether made or arising or accruing
before or after the adoption of this
Charter. All existing 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.
Sec. 5. No recourse shall be had
against the City and County for dam
age or loss to person or property suf
fered or sustained by reason of the de- i
fective condition of any sidewalk |
street, avenue, lane, alley, court or i
place, or by reason of the defective '
condition of any sewer, or by reason of
any defective drainage, whether any of !
paid defects originally existed, or |
whether they were occasioned by con- j
etruotion, excavation or embankment, ''■
nor shall there be any recourse against
the City and County for want of re
pair of any sidewalk, street, avenue, i
fane, alley, court or place or by want j
of repair of any sewer; ror shall there '
be any recourse against the City and <
County for damage to person or prop- |
erty suffered or sustained by reason of
accident on any sidewalk, street, avenue, |
lane, alley, court or place, or by falling j
from any embankment thereon or Into
any excavation therein; but in anysuch ,
case the person or persons on whom |
the law may have imposed the obli- j
gation to repair such defect in the j
sidewalk, street or public highway, or '
•In the sewer, and also the officer or ;
officers through whose official negli- j
gence such defect remains unrepaired !
phall be jointly and severally liable to
the party injured for the damage sus- ;
, ARTICLE 11.
The Board of Supervisors.
SECTION 1. The legislative power j
of the City and County of San Francis- I
co shall be vested in a legislative body, <
Which shall be designated, the Board of]
Chapter V— School Tax Levy.
Chapter Vl— Schoolhouses and Lots.
Chapter Vll— Public Library and Read
ARTICLE VIII - POLICE DEPART
Chapter I— Organization.
Chapter ll— Police Commissioners.
Chapter lll— Powers of the Board.
Chapter IV— Chief of Police.
Chapter V— Subordinate Officers.
Chapter Vl— Police Officers.
Chapter Vll— Promotions, Suspensions
Chapter Vlll— Unclaimed and Stolen
Chapter IX— Present Police Force.
Chapter X— Police Relief and Pension
ARTICLE IX— FIRE DEPARTMENT.
Chapter I— Organization and Powers.
Chapter ll— Duties of Commissioners.
Chapter lll— The Chief Engineer.
Chapter IV— Fire Companies.
Chapter V— Fire Marshal.
Chapter Vl— Fire Wardens.
Chapter Vll— Firemen's Relief Fund.
Chapter Vlll— Salaries.
Chapter IX— Department of Electricity.
ARTICLE X-DEPARTMENT OF PUB
ARTICLE XI — DEPARTMENT OF
Chapter I— Board of Election Commis
Chapter ll— Municipal Elections.
ARTICLE XII— ACQUISITION OF PUB
ARTICLE XIII-CIML SERVICE.
ARTICLE XIV— PARK COMMISSION
ARTICLE XV— BONDS OF OFFICIALS.
ARTICLE XVI— MISCELLANEOUS.
Supervisors. Such body Is also desig
nated in" this Charter, the Supervisors.
Sec. 2. The Board of Supervisors
Ghall consist of eighteen members, all
of whom shall hold office for two years,
and shall be elected from thfe 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 Supervis
or shall receive an annual salary of
twelve hundred doll: s.
Every person who has served as
Mayor of the City and County, so long
as he remains a resident thereof, shall
be entitled to a seat in the Board of
Supervisors and to participate in its
debates, but shall not be entitled to a
vote nor to any compensation.
Sec. 3. A majority of all the members
of the Board shall constitute a quorum,
but a less number may adjourn from
day to day and compel the attendance
of absent members in such manner and
under such penalties as the Board may
Sec. 4. The Board shall:
1. Appoint a clerk, sergeant-at-arms
and, when authorized to do so by ordi
nance, such additional clerks and other
assistants as may be deemed necessary.
2. Establish rules for its proceedings.
3. Keep a journal of its proceedings,
and allow the same to be published.
The ayes and noes shall on demand of
any member be taken and entered
4. Have authority to punish its mem
bers for disorderly or contemptuous
behavior in its presence.
Sec. 5. The Mayor shall be the pre
siding officer of the Board of Supervis
ors. In the absence of the Mayor the
Board shall appoint a presiding officer
pro tempore from its own members,
who shall have the same right to vote
as other members.
Sec. 6. The Beard 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 r 'ar place of
meeting, except in case of great neces
sity or emergency. The meetings of
the Board shall be public
Sec. 7. The clerk of the Board,
when requested to do so, shall admin
ister oaths and affirmations, without
charge, in all matters pertaining to
the affairs of his office, and shall per
form such services as may be pre
scribed by the Board. He shall have
the custody of the seal, and of all
leases, grants and other documents,
records and papers of the City and
County. His signature shall be neces
sary to all leases, grants and convey
ances of the City and County.
Sec. 8. Every legislative act of the
City and County shall be by ordinance.
The enacting clause of every ordinance
shall be In these words: "Be it or
dained by the People of the City and
County of San Francisco as follows."
No ordinance shall be passed except by
bill, and no bill shall be so amended as
to change its original purpose.
Sec. 9. No bill shall become an ordi
nance, nor resolution be adopted, un
less finally passed by a majority of all
the members of the Board and the vote
be taken by ayes and noes and the
names of the members voting for and
against the same be entered in the
Sec. 10. No ordinance shall be re
vised, re-enacted or amended by refer
ence to it* title: but the ordinance to
be revised or re-enacted, or the section
thereof amended, shall be re-enacted
at length as revised and amended.
Sec. 11. An ordinance shall embrace
but one subject, which subject shall be
expressed in its title. If any subject
be embraced in an ordinance and not
expressed in its title, such ordinance
shall be void only as to so much there
of as is not expressed in its title.
Bee. 12. .When a hiy is put upon its
THE SAN TRAXCISCO CALL, TUESDAY, APRIL 12, 1898.
final passage In the Board and falls to
pass, and a motion Is made to recon
sider, the vote upon such motion shall
not be acted upon before the expira
tion of twenty-four hours after ad
journment. No bill for the grant of
any franchise shall be put upon Its
final passage within ninety days after
Its introduction, and no franchise shall
be renewed before one year prior to its
expiration. Every ordinance shall, af
ter amendment, be laid over for one
week before its final passage.
Sec. 13. Every bill or resolution pro
viding for any specific improvement,
or the granting of any franchise or
privilege, or involving the lease, ap
propriation or disposition of public
property or the expenditure of public
money, except sums less than two
h ndred dollars, or levying any tax
or assessment, and every ordinance
providing for the imposition of a new
duty or penalty, shall, after its Intro
duction, be published In the official
newspaper, with the ayes and noes,
for at least five successive days (Sun
days and legal holidays excepted) be
fore final action upon the same. If
such bill be amended, the bill as
amended shall be advertised for a like
period before final action thereon. But
in cases of great necessity the officers
and heads of departments may, with
the consent of the Mayor, expend such
sums of money, not to exceed two hun
dred dollars, as shall be necessary to
meet the requirements of such neces
Sec. 14. If any bill be presented to
the Mayor containing several items ap
propriating money or fixing a tax levy,
he may object to one or more items
separately, while approving other por
tions of the bill. In such case he shall
append to the bill at the time of sign
ing it a statement of the item or items
to which he objects and the reasons
therefor, and the item or items so ob
jected to shall not take effect unless
passed notwithstanding the Mayor's
objection. Each item so objected to
shall be separately reconsidered by the
Board in the same manner as bills
which have been disapproved by the
Sec. 15. No ordinance shall take ef
fect until ten days after its passage
unless otherwise provided in such or
Sec. 16. Every bill and every resolu
tion as hereinbefore provided, which
shall have passed the Board and shall
have been duly authenticated, shall be
presented to the Mayor for his appro
val. The Mayor shall return such bill
or resolution to the Board within ten
days after receiving it. If he approve
it he shall sign it and it shall then be
come an ordinance. If he disapprove
it he shall specify his objections there
to in writing. If he does not return
it with such disapproval within the
time above specified, it shall take ef
fect as if he had approved it. The ob
jections of the Mayor shall be entered
at large in the Journal of the Board,
and the Board shall, after five and
within thirty days after such bill or
resolution shall have been so returned,
reconsider and vote upon the same. 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 resolu
tion, and when so certified, the bill
shall become an ordinance with like ef
fect as If it had been approved by th<»
Mayor. Tf the bill or resolution shall fail
to receive the vote of fourteen members
of the Board it shall be deemed finally
lnpt. The vote on such reconsideration
shall be taken by ayes and noes and
the names of the members voting for
and against the same shall be entered
in the Journal.
Sec. 17. All ordinances and resolu
tions shall hp deposited with the Clerk
of the Board who shall record the same
at length in a suitable book.
Sec. 18. No ordinance shall be re
pealed except by ordinance adopted In
the manner hereinbefore set out, and
such ordinance shall be presented to
the Mayor for his approval as herein
Sec. 19. Except as provided in Chap
ter 111 of Article 111 of this Charter, all
demands payable out of th? Treasury
must, before they can be approved by
the Auditor or paid by the Treasurer,
be first approved by the Board of Sup
ervisors. All demands for more than two
hundred dollarsshall be presented tothe
Mayor for is approval, in the manner
hereinbefore provide T . for th" passage
of bills or resolutions. All resolutions
directing the payment of money other
than salaries or wages, when the
amount exeppds five hundred dollars,
shall be published for five successive
days (Sundays and legal holidays ex
cepted) in the official newspaper.
Sec. 20. TT " -Ae\ r there shall be pre
sented to the Board of Election Com
missioners a petition signed by a num
ber of voters equal to fi*te~n p^r
centum of the votes cast at the last
preceding State or City ard County
election, asking that an ordinance to be
set forth in such petition, be subr ..ted
to a vote of th electors oZ h^ City md
County, the Board of Election Com
missioners must submit such proposed
ordinance to tlio vote of the elei tor? ~t
the next eleetirn.
The sigr .turcs to the petition need
not all be appended to one paper, but
each signer shall add to his si£rnatur->
his place of r idence, giving the street
and number. One of the signers of
each such paper shall I nke oath he
fore an officer competent to admin, ter
oaths, that the statements therein
made are true, and that each signature
to the paper appended is the genuine
signature of the person whose name
purports to be thereto subscribed.
The tickets used In such election
shall contain the words "FOR THE
ORDINANCE" (stating (he nature of
the proposed ordinance) and
"AGAINST THE ORDINANCE" (stat
ing the nature of the proposed ordi
If a majority of the votes cast v. ten
such ordinary shall be in fa 'or of the
adoption therei *, the Board of Election
Commissioners shall within thirty days
from the time of such election, pro
c'alm such fac' : nd upon such procla
mation such ordinance shall have the
same force and efffct as an ordlnan' i
passed by the Supervisors and ap
proved by the Mayor, and the same
shall not be repealed by the Supervi
sors. But the Supervisors may subnet
a proposition for the repeal of such
ordinance," or for amendments thereto,
for v jte at any succeeding election: and
should such proposition, so submitted,
receive a majority of the votes cast
thereon at such flection, such ordl
nnticp shall be repealed or amended
Sec. 21. Except as otherwise pro
vided in the Constitution of the State,
or as otherwise provided in this Char
ter, every ordinance ln/olvlng the
granting by the City and County of
any franchise for the supply of light
or water, or for the lease - r sale of any
publicutility, or for thepurchaseof land
of more than fifty thousand dollars In
value must be submitted to the v< :e
of the elect- s of th City and County
at the election next ensuing after the
adontion of ruch oruinance.
The tickets used at such election
shall contain the words "FOR THE
ORDINANCE" (stating t.e nature of
the proposed ordi nee) and
"Ai3AINST TKS ORDINANCE" (stat
ing the nature o- the prjposed ordi
If a majority of the votes cast upon
such ordinance shall b«» Jn favor of the
adoption thereof, the Board of Ele .lon
Commissioners shall, within thir'"
days from V * time of such election,
proclaim such fact: and upon such
proclamation such ordinance shall have
tho same force and effect as an ordi
nance passed by the Supervisors and
approved by the Mayor.
No such franchise, or lease or sale
of any public utility or purchase of
land shall be of any force or effect ex
cept it be tnad" by ordinar.ee, and such
ordinance be adopted by the people as
in tb's section provided.
Sec. 22. Whoever there ahall be
presented to the Supervisors a petition
sign d by a number of voters equal
fifteen per centum of the votes cast at
i tha last nrecedlne State or municlDal
election, asking that an amendment or
amendme... o t 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 proposed amendment or
The signatures to the petition need
not all be appended to one paper. Each
signer shall add to his signature his
place of residence, giving the street
and number. One of the signers of
each such paper shall make oath be
fcro an oi competent to administer
oaths that the statements made therein
are true and that each signature to
such paper appenue" 1 Is the gen-:' le
signature of the person whose name
purports to be thereto subscribed.
The Board of Election Commissioners
must make al] necessary provision for
submitting the proposed amendment or
amendments to the electors at a spe
cial election to be called by it, and shall
canvass the vote in the same manner
as In other cos j of election.
All the p-ovisions of the Constltuticn
of the State embracing the subject In
this section provided for are hereby ex
pressly made applicable to such pro
posed amendment or amendments. But
if at any time there shall be no consti
tutional provision or provisions under
which this Charter may be amended,
then the aforesaid amendment or
amendments must be submitted by the
Board of Election Commissioners tc +.he
vote of the electors of the City and
County at the election which next en
sues after such petition is filed with the
Supervisors, if any such election is not
to be held within sixty days after the
filing of such petition.
The tickets used at such election
shall contain the words "FOR THE
AMENDMENT" (stating the nature
of the proposed amendment) and
"AGAINST THE AMENDMENT"
(stating the nature of the proposed
If a majority of the votes cast upon
such amendment or amendments shall
he in favor of the adoption thereof,
the Board of Election Commissioners
shall, within thirty days from the time
of such election, proclaim such fact,
and thereupon this Charter shall be
amended accor<~ ii?]y.
Powers of the Supervisors.
SECTION 1. Subject to the pro
visions, limitations and restrictions in
this Charter contained, the Board of
Supervisors shall have power:
1. To ordain, make and enforce
within the limits of the City and
County all nee ssary local, police, sani
tary and other laws anl regulations.
2. Except as otherwise provided in
this Charter, or in the Constitution of
the State of r.-.lifornia, to regulate and
control for any and every purpose, the
use of the streets, highways, public
thoroughfares, public places, alleys,
and sidewalks of the City and ~ unty.
3. To permit the laying down of rail
road tracks and running cars thereon,
along any street or portion of a street,
for the sole purpose of excavating and
filling in a street or portion of a street
or the adjoining land, for such limited
time as may be necessary for such
purpose and no longer. Such tracks
must be laid level with the .-street and
must be operated under such resLric
tions as not to interfere with the use of
sich streets by the public.
4. To empower street railway com
panies, under such conditions as the
Board may see fit i impose, to convey
street sweepings and offal to the public
5. To fix the limits within which
wooden bui'. "ngs or structures shall
not be erected, placed or maintained,
and to prohibit the same within such
limits. Such limits when once' estab
lished shall not be hanged except by
6. To provide fo. the abatement rr
summary removal of any nuisance and
to condemn and to prevent the occu
pancy of unsafe structures.
" To regulate the use of hackneycar
riages and public passenger vehicles,
ar.d to fix the rates to be charged for
the transportation of persons or per
8. To provide a public pound and to
make all nece: :-y rules and regula
tions in the matter of animals running
at large, and for the custody and de
s.ruction of the same.
9. To provide and maintain a
10. To provide places for the deten
tion of witnesses and person charged
with insanity, separate and r-part from
places where c: i^.inals or persons ac
cused of public offenses are imprisoned.
11. To establish, maintain rid regu
late, and change, discontinue and
re-establish City and County Jails,
prisons and houses of detention, pun
ishment, confinement and reformation,
hospitals and almshouses.
12. To purchase or acquire by con
demnation such property as may be
needed for public use.
13. Except as otherwise provided In
this Charter, to regulate and control
the location and quality of all appli
ances necessary to the furnishing f
water, heat, light, power, telephonic
and telegraphic service to the City and
County, and to acquire, regulate and
control any and all appliances for the
sprinkling and cleaning of the streets
of the City and County, and for flush
ing the sewers therein.
14. To fix and determine by ordin
ance in the month of February of each
year, to take effect on the first day of
July thereafter, the rates or compensa
tion to be collected by any person, com
pany or corporation in the City and
County, for the use cf v ater, heat,
light or power, supplied to the City and
County, or t"> the inhabitants thereof,
and to prescribe the quality of the ser
16. To impose license taxes and to
provide for the collection thereof; but
no license taxes shall be imposed upon
any person who, at any fixed place of
business in the City and County, sells
or manufactures goods, wares or mer
chandise, except such as require per
mits from the Board of Police Com
missioners as provided in this C"
16. To prescribe fines, forfeitures and
penalties for the breach of any ordin
ance; but no penalty shall exceed the
amount of five hundred dollars or six
months' imprisonment, or both.
17. To fix the fees and charges for
all official services not otherwise pro
vided for in this Charter.
18. To allow not to exceed two thou
sand five hundred dollars In any year
for the celebration of the anniversary
of our National Independence, and not
to exceed five hundred dollars in any
year for the observance of Memorial
19. To appropriate such sums as may
be paid into the treasuryfrom fines col
lected on convic'ion of persons charged
with cruelty to animals, and to author
ize the payment of the same or some
part thereof in any society that shall
efficiently aid in such convictions.
20. To provide for the payment of
compensation to the interpreters ap
pointed by the Judges of the Superior
C^urt, to interpret testimony in crim
inal cases in said Court or the Police
Court, or upon inquests and examina
tions. Such compensation shall not ex
ceed one hundred dollars a month for
21. To offer rewards not exceeding
one thousand dollars in any one in
stance for the apprehension and convic
tion of any person who may have com
mitted a felony in the City and County,
and to authorize the payment thereof.
22. To provide in the annual tax
levy for a special fund to be used in the
construction of a general system of
drainage and rewerage.
23. To provide a Peal for the City
and County, and Seals for the several
departments, boards and officers there
of, and a Seal for the Police Court.
24. To fix the hours of labor or serv
ice required of all laborers in the serv
ice of the City and County, and to fix
their compensation; provided that eight
hours shall be the maximum hours of
labor la any calendar day, and that tL .
! minimum wages of laborers shall be
two dollars a day.
25. To set apart as a boulevard or
boulevards any street or Btreets.orpor
tions of a street or streets, over which
there is no existing franchise for any
I street railroad.
26. To construct or permit the con
i struction of tunnels, under such rules
and regulations as the Board may pre
27. To regulate street railroads,
tracks and cars; to compel the owners
of two or more of such roads using the
same street for any distance not ex
ceeding ten blocks to use the same
tracks and to equitably divide the cost
of construction and expense of main
tenance thereof between the owners; to
fix, establish and reduce the fares and
charges for transporting passengers
and goods thereon; to regulate rates of
speed, and to pass ordinances to pro
tect the public from danger or incon
venience in the operation of such roads.
28. To allow any transcontinental or
other railroad company having not less
than fifty miles of road actually con
structed id in operation to enter the
City and County with its road and run
its cars to the water front at the most
suitable point for public convenience.
No exclusive right shall be granted to
any railroad company; and the use of
.all such rights shall at all times be sub
ject to regulation by the Supervisors.
Every ordinance granting such right
shall be upon the conditions that said
company shall pave and keep in repair
the street from curb to curb in such a
manner and with such material as may
from time to time be prescribed by the
Supervisors, and that such company
shall allow any other railroad company
to use in common with it the same
track or tracks, each paying an equal
portion for the construction and repair
of the tracks and appurtenances used
by such railways jointly.
29. 'Jo convey lands in accordance
with the provisions of the Act of the
Legislature of the State of California,
entitled "An Act to expedite the settle
ment of land titles in the City and
County of San Francisco, and to ratify
and confirm the acts and proceedings of
certain of the authorities thereof." ap
proved March 14, 1870.
30. To provide for the execution of
all trusts confided to the City and
31. To transfer from one department
of the City Government vacant and un
used lots of land to another depart
32; To provide for the lease of any
lands now or hereafter owned by the
City and County; but all leases shall be
made at public auction to the highest
responsible bidder at the highest
monthly rent, after publication of no
tice thereof for at least three weeks. No
lease shall be authorized except by or
dinance passed by the affirmative vote
of two-thirds of the members of the
Board, and approved by the Mayor, and
no lease shall be made for a longer pe
riod than twenty years.
33. To provide for the sale at public
auction, after advertising for five days,
of personal property unfit or unneces
sary for the use of the City and County.
34. To provide for the purchase of
property levied upon or under execu
tion in favor of the City and County,
but the amount bid on such purchase
shall not exceed the amount of judg
ment and costs.
35. The Supervisors mus' appropriate
annually to the Mayor thirty-six hun
dred dollars as and for a contingent
fund, for which he need furnish no
Sec. 2. The Supervisors shall consti
tute the Board of Equalization of the
City and County. The Clerk of the Su
pervisors shall be Clerk of the Board of
Equalization by virtue of his office.
Sec. 3. The Board of Supervisors
shall appoint from its members a com
mittee consisting of three to be denom
inated Finance Committee, and shall
fill all vacancies in the Committee.
The Committee shall investigate the
transactions and accounts of all officers
having the collection, custody or dis
bursement of public money, or having
the power to approve, allow, or audit
demands on the treasury; shall have
free access to any records, books and
papers in all public offices; shall have
power to administer oaths and affirma
tions, and to examine witnesses, and
compel their attendance before them by
subpena. The Committee may at any
time visit any of the public offices and
make its examinations and investiga
tions therein without hindrance.
The Committee must, at least once in
every six months, examine the official
bonds of all City and County officers,
and investigate the sufficiency and sol
vency of the sureties thereon, and re
port in writing the facts to the Mayor.
Such report shall specify each bond
with the sureties, and the amounts for
which each surety is bound, and state
•whether or not they are sufficient and
solvent. Upon such report the Mayor
shall take such action as shall be nec
essary to protect the City and County,
and may require new bonds when nec
essary, and he may suspend any officer
till a sufficient bond is filed and ap
Sec. 4. The Finance Committee shall
have power, and it shall be its duty, to
examine the records and examine and
expert the books of account of all per
sons, companies or corporations that
are required to pay a portion of their
gross receipts into the treasury; and
shall likewise, as an aid to the fixing
of rates for furnishing water and light
to the City and County and to the in
habitants thereof, have like power, and
it shall be its duty, to examine the
records and examine and expert the
books of account of any and all per
sons, companies or corporations so
furnishing water or light.
In the exercise of its functions, the
concurrence of two members of the
Committee shall be deemed sufficient.
The Committee shall keep a record of
its proceedings with the names of the
witnesses examined and a substantial
statement of the evidence taken. If,
from the examination made by the
Committee, it shall appear that a mis
demeanor in office, or .a defalcation,
has been committed by an officer, the
Committee shall immediately report to
the Mayor, who, if he approve the re
port, shall take such proceedings
against such officer as are authorized
by law, and may suspend him pending
such proceedings. Any Police Officer
shall execute the process and orders of
Sec. 5. No exclusive franchise or
privilege shall be granted for laying
pipes, wires or conduits.
Sec. 6. The Board of Supervisors
shall have power to grant authority
for a term not exceeding twenty-five
3 r ears to construct and operate street
railways upon, or over, or under, the
streets or parts of streets of the City
and County not reserved for boulevards
or carriage driveways, upon the follow
ing conditions and in the following
manner and none other:
Upon application being mnde to the
Hoard for any such franchise, it shall
by resolution determine whether such
franchise or any part thereof should
be granted, and at said time shall de
termine on what conditions the same
shall be granted additional to those
conditions provided in this Chapter.
After such determination, it shall
cause notice of such application and
resolution to be advertised in the offi
cial newspaper of the City and Coun
ty for ten consecutive days. Such ad
vertisement must be completed not less
than twenty nor more than thirty days
before any further action is taken by
the Board on such application. The ad
vertisement must state the character !
of the franchise sought, the term of
its proposed continuance, and the
route to be traversed: that sealed bjds
will be received up to a certain hour
on a day to be named In the advertise- !
ment: and a further statement that i
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, com
pany or corporation to whom the fran
chise may be awarded, arising from its !
use, operation, enjoyment or posses- !
Every bidder shall file with his bid a
bond executed to the City and County, i
with at least two good and sufficient
sureties to be approved by the Mayor
in a penal sum prescribed by the Su
pervisors, and set forth in such ad- !
vertisement, conditioned that such bid- |
der will well and truly observe, fulfill
and perform each and all of the condi- !
tions, terms and obligations of the j
franchise for which said application I
was made in case the same shall be j
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 received, the Board must open
such bids and award the franchise to
the person, company or corporation of
fering to pay the highest stated per
centage of the gross receipts arising
from the use, operation, possession or
enjoyment of the franchise for which
such application was made. But no j
award shall be made, nor any such ap- !
plication granted, unless the stated i
percentage offered to be paid for the
franchise shall be at least three per I
centum of such gross receipts during j
the first five years of the period for
Which the franchise is to be granted, j
four per centum of the gross receipts i
during the next succeeding ten years, |
and five per centum of the gross re- j
ceipts during the next succeeding ten
Except as in this section otherwise ;
provided, bidding for such franchises
must br in accordance wi:h the provls- i
ions of this Charter in relation to bids '
made to the Board of Pv.Mic Works, so
far as such provisions may be applica
ble. The Supervisors :uay reject any
and all bids, and may refuse to grant a :
franchise for any part of tre route for i
which application was made. *Vr. cry
ordinance making such" grant shall re
quire the concurrenceof three-fourths of
all the members of the Board of Super
visors, as shown by the ayes and noes,
and the approval of the May- j
or, and at least ninety days shall in- i
tervene 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
notwithstanding the objections of the
If any bid be accepted, the franchise
must be granted upon the express con
dition, in addition to the conditions re
quired by this Charter, and such other
conditions as may be prescribed by the \
Supervisors, that the per centum of the
gross receipts of the railway shall be
paid into the treasury on or before the
tenth day of the next ensuing month
after such gross receipts shall have
been earned; and upon the further con
dition that the whole of the railway
shall be continuously operated, and
that at the end of the term the road- i
track and bed of such railway and all !
its stationary fixtures upon the public j
streets, shall become the property of !
the City and County; and that the :
grantees will, within one hundred days
after the date of such grant, commence ;
the construction of such railway, and
continuously thereafter, in each and cv- |
cry month until the completion thereof,
expend in such construction at least i
the sum of three thousand dollars.
The failure to comply with any of
said conditions shall work an immedi- j
ate forfeiture of such franchise and the j
road or track constructed thereunder.
There shall be no power in the Super- !
visors to relieve from such forfeiture :
or from any of said conditions. On or
before the tenth day of each month af
ter said receipts shall have been earned,
the President and Secretary of said
railway company shall make and file
with the Clerk of the Board of Super
visors a sworn statement of the gross
receipts of such railway for the pre
In granting any such franchise the
Board of Supervisors shall impose such
other lawful conditions as it may deem j
advisable, and must expressly provide j
that the franchise shall not be renewed j
or regranted. and that the Board shall
at all times have the power to regulate
the rates of fare to be charged by those
using, operating, possessing or enjoy
ing the franchise, and that the Finance
Committee of the Board shall at all
times be permitted to examine and ex
pert their books as to such gross re
ceipts. All moneys received for such
franchises and in payment of the said
per centum shall be credited to the
Sec. 7. The Supervisors shall have no i
power to grant franchises or privileges
to erect poles or wires for transmitting
electric power or for lighting purposes j
along or upon any public street or high- ;
way of the City and County except up- j
on all the conditions and in the manner, !
including competitive bidding and pay- j
ment of a percentage of gross receipts, '
hereinbefore set out, and upon the fur
ther condition that the Board shall at
all times have the right to regulate the
charges of any person, company or cor
poration using, enjoying or possessing
such franchise or privilege.
When, on the expiration of any street
railroad franchise, it shall be deemed
inexpedient by the Board to use any of
the property reverting to it by reason
of such expiration in the operation of
a street railroad, then the Board shall
have power to lease such property to
any person, company or corporation af
ter the notice, on the terms, and in the
manner above provided as to the grant
ing of street railroad xranchises, as far
as the same may be applicable. But no
ordinance r.uthorizing such lease shall
be passed prior to ninety days next pre
ceding the expiration of such franchise.
Any ordinance granting a franchise
or authorizing a lease under the provis
ions 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 expi
ration of thirty days from the date of
its passage by the Supervisors over his
objections, unless within said thirty
days a petition signed by a number of
the electors of the City and County
equal to fifteen per centum of the votes
cast at the last preceding election shall
have been filed with the Supervisors,
asking that said ordinance be submit
ted to the vote of the people. In such
case said ordinance shall be submitted
at the next election to the vote of the
electors of the City and County, and
unless said ordinance shall at said elec
tion receive in its favor a majority of
the votes cast thereon it shall have no
force or effect for any purpose. If a
majority of the votes be in favor of
such ordinance, the Board of Election
Commissioners shall, on the conclusion
of the canvass of the vote thereon,
proclaim such fact, and upon such
proclamation said ordinance shall have
full force and effect as of the date
aforesaid. Said petition and submission
shall be made in accordance with the
provisions of section twenty of Chapter
I of this Article.
Sec. 8. All claims for damages
against the City and County must be
presented to the Board of Supervisors
and filed with the Clerk within six
months after the occurrence from
which the damages are claimed to have
arisen; otherwise there shall be no re
covery on any such claim.
SECTION 1. All contracts for goods,
merchandise, stores, supplies, subsist
ence or printing for the City and Coun
ty, as well as for all subsistence sup
plies, drugs, and other necessary arti
cles for hospitals, prisons, pu v lic insti
tutions and other departments not oth
erwise specifically provided for in this
i Charter, must be made bytheSupervis
! ors with the lowest bidder offering ad
equate security, after publication for
not less than ten days in the official
newspaper; and no purchase thereof or
liability therefor shall be made or cre
ated except by contract.
Except as otherwise provided in thisi
Charter, the Board must determine
! annually what goods, merchandise,
! stores, supplies, drugs, subsistence and
j olher necessary articles will be needed
j 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 un
less upon such competitive bidding.
All proposals shall be accompanied
with a certificate of deposit or certified
check on a solvent bank in the City
and County of ten per centum on the 1
amount of the bid, payable at sight to
the order of the Clerk of the Supervis
ors. If the bidder to whom the con
tract is awarded shall for five days af
ter such award fail or neglect to enter
into the contract and file the required
bond, the Clerk shall draw the money
due on such certificate of deposit or
check and pay the same Into the treas
ury; and under no circumstances snail
the certificate of deposit or check o.
the proceeds thereof be returned to
such defaulting bidder.
Notices for proposals for furnishing
the aforesaid articles shall mention
said articles in general and shall state
that the conditions and schedule may
be found in the office of the Cl er k°ii
the Board of Supervisors; and sriii 11
also state that such articles are to Da
delivered at such times, in such quan
tities, and in such manner, as the su
pervisors may designate. Any bldo>r
may bid separately for any artic a
named. The award as to each articia
shall in all cases be made to the lowest
bidder for such article, and where a Dia
embraces more than one article, tne
Supervisors shall have the right to ac
cept or reject such bid or the bid ror
any one or more articles embraced
therein. In the case of contracts for
subsistence of prisoners the advertise
ment fcr proposals shall specify eacp
article required, the quality thereof,
the quantity for each person, ana tne
existing and probable number of per
sons to be supplied. No article or ar
ticles provided for in this section shall
have been made In any prison. Tne
Supervisors shall require bonds wltu
sufficient sureties for the faithful per
formance of every contract. The Clerß
of the Supervisors shall furnish print
ed blanks for all such proposals, con
tracts and bonds.
All bids shall be sealed and delivered
by the bidder to the Clerk of the Su
pervisors, and opened by the Board at
an hour and place to be stated In th<j
advertisement for proposals, in tnn
presence of all bidders who attend, and
the bidders may inspect the Dirts. AH
bids with alterations or erasures
therein shall be rejected. All articles
so supplied Fhall be subject to inspec
tion and rejection by the Supervisors
and by the person in char-- of tne or
flce. Institution or department tor
which the same are supplied. Every
contract for work to be performed for
the City and County must provide that
in the "performance of the contract
eight hours shall be the maximum
hours of labor on any calendar day,
and that the minimum wages of labor
ers employed by the contractor in tn*
execution of his contract shall be two
dollars a day. Any contract for worn
to be performed for the City and Coui>
tv which does not comply with the pro
visions of this FPPtion shall be null and
void and any officer who shall sign tne
same shall be deemed guilty of misfea
sance and upon proof of such misfea
sance shall be removed from office.
Sec. 2. All contracts for official ad
vertising shall be let annually in like
manner by the Supervisors to the low
est responsible bidder publishing a
daily newspaper in the City and Coun
ty which has a bona fide daily circula
'< tion of at least eight thousand copies,
and has been in existence at the time
of letting such contract for at least
; two years. In inviting proposals there
for such advertising shall not be clas
sified and no proposal shall be acted
upon which offers to do such advertis
ing at different rates for different por
j tions thereof.
Such advertising shall be construed
i to mean the advertising and publlca
i tion of all official reports, orders, ordi
nances, messages, resolutions, notices
inviting proposals and all notices of
every nature relating to City work. No
part or kind of such advertising shall
be charged or contracted for at a high
er 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
The advertising of the delinquent
tax list shall be let to the lowest re
sponsible bidder on a separate bidding
from all other official advertising.
No board, department or officer shall
make any publication which is not ex
pressly authorized by this Charter or
by the Supervisors.
Sec. 3. The Clerk of the Supervisors
shall annually, under the direction of
the Supervisors, advertise for pro
posals for supplying the various
departments, officers and offices of the
'■ City and County with all stationery
! and supplies in the nature of station
! cry, assessment books, minute books,
blanli books and the printing of blanks.
The contracts for ionery shall ba
, separate from tho°e for printing.
Notice for proposals for supplies shall
! require a greater or less quantity to
1 be delivered at such times and in such
: manner as the Supervisors may desig-
I nate. The advertisement for bids for
'■ paper shall state the weight, quality
and size of the various kinds required,
and that for printing shall enumerate
! the various letter heads, tax bills, tax
! receipts, court notices, and all blanks,
j papers and documents now used or
j hereafter required in any and all de
j partments of the City and County, in
| eluding 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
j consecutively numbered, and each form
1 and blank shall be known as No.
i (specifying the number). Such adver
i tisement shall be published for at least «*i
i ten days, and shall require the bidders I
1 to state the price at which each arti
cle will be furnished, printed or manu-
I factured, as the same may be required
from time to timp during such period.
• and the amount cf the bond that will Da
required as security for the perform
ance of the contract.
No stationery furnished to any offl
j cer or department shall contain the
! name or names of the officer or ofn
\ cers constituting the head of the de
partment or board. The contract or
( contracts must be made with the low
■ est bidder offering adequate security.
; quantity and quality being considered.
' The Clerk of the Supervisors shall have
rooms in the City Hall for the custody
of such stationery, and when purchased
the same shall be delivered to him, and
i he shall issue and distribute the same
' to the various departments as re
He shall keep accounts in detail,
charging himsel! with all goods re
i eeived, and crediting himself with the
I goods delivered upon order or requisi
i tion as hereinafter provided. When
> any of such supplies are required, for
! any department, the Clerk of the Su
| pervisors shall issue the same after the
requisition for such articles has been
made by the head of such department
and approved by the Mayor.
All requisitions for printing shall ba
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
I printing ordered by and t'ellvered to
1 any department or officer.
Sec. 4. Any officer of the City and
I County, or of any department thereof,
i who shall aid or assist a bidder in se
curing a contract to furnish labor, ma
| terial or supplies, at a higher price or
I rate than that proposed \y any other
I bidder, or W < shall favor one bidder
over another, by giving or withholding
, information, or who shall willfully mis
lead any bidder in regard to the char
! acter of the material or supplies called
I for, or who phr.ll knowingly accept ma- +
terlals or supplies, of a quality inferior
! to that called for by the contract, or
who shall knowingly certify to a great
er amount of labor performed than has
been actually performed, or to tie re
i celDt pf a greater amo.:nt or different