Sec. 3. Whenever there shall be a vacancy in the office of Mayor, or the Mayor shall be absent from the city, or be prevented from attending to the duties of his office, the President of the Board of Aldermen shall perform the duties, receive the compensation, and possess all the rights and powers of Mayor during such vacancy, absence, or disability. Sec. 4. It shall be the duty of the Treasurer to receive and pay out all moneys belonging to the city, and to keep an account of all receipts and expenditures under such regulations as may be prescribed by ordinance. The Treasurer shall make monthly to the Common Council a full statement of the receipts and expenditures of the preceding month, and publish the same in some city newspaper. Sec. 5. It shall be the duty of the Comptroller to report to the Common Council monthly a full and detailed statement of all the expenses and payments of the city government and the state of each appropriation made by ordinance, and he shall also, at the expiration of the fiscal year, publish a full and detailed statement of the receipts and expenditures of the city during said year, specifying the different sources of revenue and the amount received from each, the several appropriations made by the Common Council, the objects for which they were made, and the amount of money expended under each; the moneys borrowed on the credit of the city, the authority under which each loan was made and the terms on which it was obtained, the amount of the funded debt and of the interest accrued thereon; with a detailed statement of the sums owed and the property owned by the city. Sec. 6. It shall be the duty of the Marshal to execute all processes issued by the Recorder or directed to him by any legal authority; to attend upon the Recorder's Court; to arrest all persons guilty of a breach of the peace or violation of any ordinance, and take them before the Recorder; to supervise and control the City Police, to superintend the City Prison, and to perform all such duties as may be prescribed by ordinance. Sec. 7. It shall be the duty of the City Attorney to attend to all suits, matters, and things in which the city may be legally interested, to give his advice or opinion in writing whenever required by the Mayor or Common Council, and to perform all such other services in connection with his profession as may be required by the Common Council. Soc. 8. It shall be the duty of the Collector to issue all licenses that may be granted by city authority, and to register the same in a suitable book which shall at all times be open for publie inspection; to collect all license taxes, and all taxes and assessments that may be due according to the assessment books, and to pay over the same to the Treasury in the specific funds received. Sec. 9. It shall be the duty of the Assessors to prepare, within such time as the Common Council may direct, a correct list of all the taxable property within the city, with the true valuation thereof, and to present the same, certified by them, to the Common Council. The mode of making out said list and of ascertaining the value of property and of collecting all taxes, shall be the same as is or may be prescribed by law for assessing and collecting the State revenue. Should the owner of any property assessed as aforesaid not be satisfied with the valuation thereof, he may apply, under oath, to the Board of Assessors for the reduction of the assessment. If said Board refuse he may appeal to the Board of Aldermen, and their decision shall be final. Sec. 10. The Recorder, as to offences committed within the city, shall have like jurisdiction as may be conferred upon Justices of the Peace. He shall also have final jurisdiction in all cases of assault, riot, breach of the peace, and petit larceny, and all crimes and misdemeanors punishable by fine not to exceed five hundred dollars, or imprisonment not to exceed three months, or both such fine and imprisonment. Sec. 11. The Common Council shall prescribe the duties of all officers whose duties are not defined in this Act, or in any other law of this State, and it shall be the duty of the officers of the city generally to perform all such services as may be required by law, or the ordinances of the Common Council. Sec. 12. The several officers under this charter shall receive for their services out of the city Treasury, a compensation to be fixed by ordinance, not to exceed four thousand dollars a year: Provided, that the Treasurer shall receive in lieu of salary not to exceed one half of one per cent. on all moneys received, paid out, and accounted for by him, and the Collector not to exceed one per cent, on ali moneys collected and paid over. Sec. 13. The compensation of the Mayor's and Recorder's Clerks shall not exceed two thousand dollars each, per annum, nor shall that of the Clerk of either Board of Aldermen exceed twelve hundred dollars. Each Assessor shall receive not to exceed fifteen hundred dollars, and no officer or department shall be entitled to any clerk or deputy unless as herein expressly provided. Sec. 14. The members of the Common Council shall receive no compensation for their services. Sec. 15. If any person elected to a city office shall remove from the city, absent himself therefrom for more than thirty days, or shall fail to qualify within ten days after his election, his office shall be deemed vacant. Sec. 16. Tho officers elective under this charter, shall continue in office for one year, or until their successors are qualified; but any officer may be removed for misconduct by impeachment. Sec. 17. All officers or persons to whom the receipt or expenditure of the moneys or funds of the city shall be intrusted, shall give socurity in such amount as the Common Council may require, payable to the city, and subject to the approval of the Mayor. Such bond shall be subject to the provisions of law concerning bonds of officers. Sec. 18. All fees, costs, fines, perquisites, or emoluments, for any services to be performed by any officer or person under this charter, or collected under any ordinance of the Common Council, shall be paid over every week by such officer or person into the City Treasury under oath; and no officer shall be entitled to receive his salary till he shall file his affidavit with the Comptroller, that ho has faithfully accounted for, and paid over, all moneys for which he is bound to account. Sec. 19. For any violation of the tenth, eleventh, or seventeenth sections of article third, or of the eighth or eighteenth sections of article fourth, or of the seventh section of article sixth of this chartor, the party so offending shall be deemed guilty of a misdemeanor, and on conviction thereof, may be punished by fine not to exceed five thousand dollars, and imprisonment not to exceed one year. Sec. 20. The officers of the present city government shall continue in office under this charter with such powers and duties as are herein prescribed until their successors are qualified; and nothing herein contained shall be construed to release any persons heretofore holding office in said city, from any personal liabilities which they may have incurred by their official acts. ARTICLE V. STREETS AND IMPROVEMENTS. Section 1. The Mayor, Street Commissioner and Assessors, shall constitute a Board of Commissioners of Assessment. When private property is taken for public purposes, and the valuation by said Commissioners is not satisfactory to the owner thereof, he may require that the matter bo submitted to the jury before the Superior Court, and the value found by the jury, when confirmed by the court, shall be the amount which the owner shall be bound to accept and entitled to receive before the property is taken. Sec. 2. Whenever the Common Council shall think it expedient to open, alter, or improve, any street or alley, or to improve any public grounds, notice thereof shall be given by publication for ten days, in some daily paper. Should one third of all the owners of the adjacent property protest against the proposed improvement, it shall not then be made. If no such protest be made, the Common Council shall proceed with such improvement, at least two thirds of the expenses of which shall be borne by the property adjacent. Sec. 3. The assessment for said improvement shall be made by the Commissioners named in section first, and shall be proportionate to the advantages respectively derived from such improvement. Sec. 4. Should any person be dissatisfied with the assessment by said Commissioners, he may appeal to the Board of Aldermen, whose decision shall be final. Sec. 5. Whenever two thirds of all the persons owning property on any street or lane, shall apply to the Common Council for any improvement thereof, the same shall be made on such conditions as the Common Council may determine, said persons paying, at least, two thirds of the expenses of such improvement. ARTICLE VI. MISCELLANEOUS PROVISIONS. Section 1. The fiscal year of the city shall begin on the first day of July. Sec. 2. Every ordinance of the Common Council shall embrace but one subject, and that shall be expressed in its title. Sec. 3. The ordaining clause of the city ordinances shall be, "The People of the City of San Francisco do ordain as follows." Sec. 4. Taxation shall be uniform throughout the city. Sec. 5. Licenses shall be discriminating and proportionate to the amount of business. Sec. 6. All sales or leases of property belonging to the city shall be by public auction. Sec. 7. All contracts for work or supplies shall be let to the lowest bidder, after notice given through the public newspapers, and no officer shall be interested in any contract connected with his department. Sec. 8. The Common Council shall have no power to grant exclusive privileges. Sec. 9. The Common Council shall appoint no officers for weighing, measuring, gauging, culling, or inspecting any merchandise, produce, manufacture, or commodity; but nothing in this section shall prevent their passing any ordinance necessary for protecting the public health. Sec. 10. The Common Council shall have power to raise, by tax, any amount of money that they may deem expedient, whenever the ordinance for that purpose shall have been approved by the people. Sec. 11. When any amendment to this charter shall have been agreed to by three fourths of all the members elected to each Board, it may be submitted to the people at any general election; and if approved by them, it shall become a part of the charter. Said amendment shall be published a least sixty days before said election. It shall also be the duty of the Common Council to call a convention of delegates for the revision of this charter. Said convention shall meet on the first Monday of March, one thousand eight hundred and fifty-three, and shall consist of three members for eaqs ward. Should the charter as amended and adopted by said convention be approved by the people a: any general election, it shall become the charter of the city of San Francisco-subject, however, to the approval of the Legislature. Sec. 12. The Act entitled "An Act to incorporate the city of San Francisco," passed April fifteenth one thousand eight hundred and fifty, is hereby repealed. Passed April 15, 1851. LIST OF MEMBERS OF THE SOCIETY OF CALIFORNIA PIONEERS, WITH THE DATES OF THEIR ARRIVAL IN CALIFORNIA, AND THEIR PRESENT RESIDENCES. NAMES. M. G. Vallejo, Juan B. D. Alvarado, Thomas O. Larkin, John A. Sutter, W. D. M. Howard, William Blackburn, July, 1808 Daniel Leahy, Sonoma, Elliot Libbey, Thomas Cordua, San José, John Bidwell, G. C. Cook,* San Francisco, .. 44 Napa, 64 L. B. Clements, J. Mead Huxley, J. L. Folsom, U. S. A., Decr. S. W. Haight, San Francisco, Mar. |