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CITY CHARTER
OF THE - -
CITY OF OAKLAND
CALIFORNIA
- ALSO -
General Municipal Ordinances
OF SAID CITY
IN EFFECT DECEMBER 12, 1903.
ANNOTATED AND INDEXED UNDER THE SUPERVISION OF
A. L. FRICK ATTORNEY-AT-LAW
COMPILED
BY THE AUTHORITY OF THE CITY COUNCIL
PRESS OF
THE OAKLAND TRIBUNE 1903
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CHARTER
OF THE
CITY OF OAKLAND
Proposed March 8, 1888, by the Board of Freeholders, Elected
December 10, 1887; Adopted November 6, 1888, and Ap-
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proved by the Legislature February 14, 1889; All In Pursuance of the Provisions of Section 8, Article XI, of the Constitution of the State of California
ANNOTATED AND INDEXED UNDER THE SUPERVISION OF
A. L. FRICK ATTORNEY-AT-LAW
Board of Freeholders
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CHAIRMAN . *
JOHN A. STANLEY * r-
AVM. C. BARTLETT JNO. L. BROMLEY J. T. CAROTHERS WALLACE EVERSON J. A. FOLGER JNO. R. GLASCOCK V. D. MOODY
WARREN OLNEY C. D. PIERCE H. A. POWELL E. J. PRINGLE PATRICK SCULLY N. W. SPAULDING JOHN H. TROY
Secretary
FRED L. BUTTON
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Committees of the Board of Freeholders
1. Boundary, Division into Wards and Elections —
MESSRS. SPAULDING. GLASCOCK AND PRINGLE.
2. Legislative Department —
MESSRS. BARTLETT. CAROTHERS AND SPAULDING.
3. Executive Department, etc. —
MESSRS. MOODY, PIERCE AND OLNEY.
4. Department of Public Works- —
MESSRS. PRINGLE. BROMLEY AND FOLGER.
5. Public Schools and Libraries- —
MESSRS. POWELL, BARTLETT AND PIERCE,
6. Judicial Department, etc. —
MESSRS. OLNEY, GLASCOCK AND TROY.
7. Police, Fire and Health Department—
MESSRS. GLASCOCK, BROMLEY AND EVERSON.
S. Finance, Revenue and Taxation —
MESSRS. CAROTHERS, FOLGER AND BARTLETT.
9. General and Miscellaneous Provisions and Schedule —
MESSRS. EVERSON, POWELL AND SCULLY.
10, Revision —
MESSRS, OLNEY, POWELL. PRINGLE AND GLASCOCK.
Contents
Charter.
Article I — Boundaries, Rights and Liabilities Chapter I — Rights and Liabilities
Chapter II — Boundaries of the City Chapter III — Division into Wards
Article II — Elections .
Article III — Legislative Department .
Article IV— Executive Department .
Article V — Judicial Department .
Article VI — Department of Public Works Chapter I — General Provisions Chapter II — Opening of Public Streets Chapter III — Improvement of Streets Chapter IV — Sewers and Drainage Article VII — Educational Department . . .
Article VIII — Revenue and Taxation .
Article IX — Police and Fire Department
Article X — Health Department .
Article XI — Miscellaneous Provisions . .
Index to Charter
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Contents
Ordinances. Page.
Chap. I. City Officers, Salaries, Etc . 81
Chap. II. Municipal Licenses . 102
Chap. III. Public Streets . 127
Chap. IV. Police Department . 204
Chap. V. Fire Department . 209
Chap. VI. Fire Limits . 216
Chap. VII. Public Health . 224
Chap. VIII. City Wharf, Dockage, Etc . 269
Chap. IX. City Pound . 276
Chap. X. Numbering of Buildings . 281
Chap. XI. Street and Steam Railroads . 29C
Chap. XII. Miscellaneous Penal Ordinances . 317
Chap. XIII. Schedule of Sidewalk, Grade, Franchise, and
Other Ordinances . 362
General Index to Ordinances . 419
Numerical Index to Ordinances . 391
Index to Charter . 394
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CHARTER
i
— OF —
THE CITY OF
OAKLAND
ARTICLE I.
Boundaries, Rights and Liabilities.
CHAPTER I— RIGHTS AND LIABILITIES.
Section 1. The municipal corporation, now existing, known as the City of Oakland, shall remain and continue a body politic and corpor¬ ate, in name and in fact, by the name of the City of Oakland, and by that name shall have perpetual succession, may sue and defend in all courts and places, and in all matters and proceedings whatever, and may have and use a common seal, and the same alter at pleasure, and may purshase, receive,, hold and enjoy real and personal property within and without the City of Oakland, and sell, convey, mortgage and dispose of the same for the common benefit, and may determine and declare what are public uses, and when the necessity exists of con¬ demning lands therefor, and what are the lands it is necessary to con¬ demn, and may receive bequests, gifts and donations of all kinds of property, within and without the city, in fee simple, or in trust for charitable or other purposes, and do all acts necessary to carry out the purposes of such bequests, gifts and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or trust.
Sec. 2. The public buildings, lands and property, all rights .of property, and rights of action, all moneys, revenues and incomes be¬ longing or appertaining to the City of Oakland, are hereby declared to be vested in the said City of Oakland.
8
CHARTER OF THE
Sec. 3 The said City of Oakland shall continue to have, hold and enjoy all the public buildings belonging to the City of Oakland, lands, wharves, waters, property, real and personal, rights of property, rights of action, suits, actions, moneys, revenue, income,' books, documents, records, archives, claims, demands and things in possession and action, of every nature and description, and shall be subject to all the obliga¬ tions, debts, liabilities, dues and duties of the existing municipality.
Sec. 4. Suits, actions and proceedings may be brought in the name of the City of Oakland 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, said City of Oakland, whether made, or arising or accruing before or after the adoption of this charter; and all existing suits, actions and pro¬ ceedings in the courts or elsewhere, to which said city is a party, shall continue to be carried on by or against the said City of Oakland.
[Note — Courts will take judicial notice of the fact of the incorpor¬ ation of a city, 91 Cal. 238.]
CHAPTER II.— BOUNDARIES.
[Note — The boundaries of the City, as originally set forth in the Charter, are here omitted, the said boundaries having been changed by annexation of territory on July 14th, 1891, and again by annexation on June, 24th, 1897, both pursuant to Statutes 1889, p. 358.]
The boundaries of the City as they existed prior to the said annex¬ ation of 189 1 , are hero set forth, followed by a note containing the boundaries of the said territory annexed in 1897.
[In People ex rel Cuff vs. City of Oakland, 123 Cal. p. 598, the Supreme Court held the said annexation of 1897 to be valid.]
Sec. 5. The boundaries, of the City of Oakland are as follows to-wdt: Beginning at the interesection of the center line of Telegraph avenue with the line between plots No. 10 and No. 11, as the same are shown and delineated on Kellersberger’s map of the Rancho of V.
and D. Peralta.
Thence south 73% deg. east along the eastern projection of said line between plots 10 and 11 (15,934 feet, more or less) to its intersec¬ tion with the center of Sausal Creek; thence down the center of said creek, following the meanderings thereof, to the intersection with the northerly line of the Cameron Tract; thence continuing down the middle of Sausal Cieek, as follows; South 10 deg. 41 min. east 120 feet; thence south 63 deg. 49 min. w^est, 86 feet; thence north 50 deg. 26 min. west, 107 feet; thence south 9 deg. 38 min. w^est, 197 feet; thence south 35 deg. 5 1 min. east, 79 feet; thence south 50 deg. 55 min. west
70 feet; thence south 5 deg. 30 min. west, 300 feet; thence south 20 deg’’ 28 min. west, 200 feet.
Thence south 4B deg. 12 min east, 125 feet; thence south 34 deg 46 mm, west, 280 feet; thence south 39 deg. 4 min. west, 194 feet;
CITY OF OAKLAND, CAL.
9
thence south 50 deg. 53 min. west, 160 feet; thence south 68 deg. 19 min. west, 70 feet; thence south 20 deg. 21 min. east, 135 feet; thence, leaving Sausal Creek, north 76 deg. 41 min. west, along the northerly line of land of Stevens, 2140 feet to the easterly line of Lynn; thence south 13 deg. 8 min. west along the easterly line of Lynn, 503% feet to the southeasterly corner of Lynn.
Thence north 77 deg. 15 min. west, 27% feet; thence south 12 deg. 5.3 min. west, 1708 feet; thence south 55 deg. 47 min. east, 49% feet; thence south 36 deg. 45 min. west, 1460 and 6-10 feet to the northern corner of the Fifty Associates’ Tract.
Thence south 53 deg. 15 min. east along the northeasterly line of the Fifty Associates’ Tract, 1491 and 6-10 feet to the easterly corner of said tract; thence south 36 deg. 40 min, west, 1412 feet to the south¬ erly line of the “Old County Koad’’ to San Leandro.
Thence north 85 deg. 50 min. west, along the southerly line of said county road, 934% feet to the northerly line of the Cannon Tract; thence south 53 deg. 14 min. east, 639 feet to the easterly corner of land formerly owned by Sevin Vincent.
Thence south 36 deg. 38 min. west, 882 and 85-100 feet to the south¬ westerly line of East Fourteenth street; thence north 53% deg. west, 187 feet along said line of East Fourteenth street to the southeasterly line of the Kennedy Tract; thence south 36 deg. 45 min. west, 766 feet to the southwesterly line of the right of way of the Southern Pacific Railroad.
Thence south 49 deg. 22 min. east along said line of right of way 1447 and 32-100 feet, to the easterly corner of the Knowles and Potter Tract, formerly known as the Kennedy Tract; thence south 36 deg. 45 min. west, 867 and 44-100 feet to the southerly corner of the said Knowles and Potter Tract; thence south 30 deg. 25 min. west, 2075 feet to the center of the bridge on Park avenue, at the intersection of said avenue with the Encinal line of the Town of Alameda.
Thence westerly, following the center of the slough and the center of the estuary of San Antonio to ship channel in the bay of San Fran¬ cisco.
Thence northerly and westerly along ship channel to its intersec¬ tion with the westerly projection of the line between plots numbers 10 and 11, as the same are shown and delineated on Kellersberger’s map of Vicente and Domingo Peralta’s Rancho, in Alameda County, State of California.
Thence running along said westerly projection and said line between said plots, south 73 deg. 45 min. east, to the point of begin¬ ning.
[Note — Following is a description of the territory annexed to the city June 24th, 1897:]
Beginning at a point on the northern boundary line of the City of Oakland 150 feet distant easterly from the eastern line of San Pablo avenue, and measured at a right angle thereto, said beginning point heing also the southeast corner of the Town of Emeryville, and run-
I
CHARTER OF THE
ning thence in a northerly direction along the easterly boundary line of the Town of Emeryville to the center line of Temescal creek, thence in a westerly direction following the center line of the bed of Tem¬ escal creek — being also the boundary line of the Towrn of Emeryville in said creek — to a point 730 feet distant westerly from the westerly line of San Pablo avenue measured at a right angle thereto; thence along the easterly line of the said Town of Emeryville in a northerly direction, running parallel with and 730 feet distant westerly from said line of San Pablo avenue to the southern boundary line of the Town of Berkeley, thence easterly following the boundary line of the Town of Berkeley to a point on said boundary line of the Town of Berkeley 125 feet distant westerly from the westerly line of College avenue — also known as College way — and measured at right angle to said line of College avenue, thence in a southerly direction on a line paral¬ lel with and 125 feet distant westerly from said line of College avenue a distance of 1600 feet, thence at a right angle to said line of College avenue in an easterly direction to and across said College avenue to a point 275 feet distant easterly from the easterly line of said College avenue and measured at a right angle thereto; thence in a southerly direction along a line parallel with and 275 feet distant easterly from the easterly line of College avenue and its extension and measured at a right angle thereto, to a point on the southerly line of Clifton street, as said street is laid dowm, delineated and so designated on a map entitled Map of Rock Ridge, etc., filed in the office of the Re¬ corder of Alameda County on August 4th, 1879, thence in an easterly direction along said line of Clifton street to the westerly line of Mc- Adarn street, as delineated and so designated on aforesaid Map of Rock Ridge; thence in a direct line due south to the line dividing plots Nos. 13 and 15, as said plots are delineated and so designated on a map entitled Map of the Rancho of Vicente and Domingo Peralta, etc., filed in the office of the Recorder of Alameda County on Jan¬ uary 21st, 1857, said plot line is the western boundary line of the St. Mary’s Cemetery; thence along said plot line in a southwesterly direc¬ tion to the most western corner of said plot No. 15; thence in a south¬ easterly direction following the line dividing plots Nos. 14 and 15 as shown on map of aforesaid ranchos (the last named plot line being the southwesterly boundary of the St. Mary’s and Mountain View Cemeteries) to the westerly line of Piedmont Sanitary District; thence following the boundary line of Piedmont Sanitary District in a southerly and then in a southeasterly direction to its intersection with the said northern boundary line of the City of Oakland, and thence in a westerly direction along the said boundary line of the City of Oak¬ land to the place of beginning.]
CHAPTER III.— DIVISION INTO WARDS.
[Note — The ward boundaries, as given in Section 6 of the Charter, are here omitted, the City Council having redistricted the City into wards on January 16, 1900, by its Resolution No. 25828, passed pursuant
CITY OF OAKLAND, CAL.
II
to the provisions of Section 25 of the Charter. The following are the boundaries as described in that resolution.]
Sec. 6 The City of Oakland shall be divided into seven wards, the respective boundaries of which shall be as follows, to-wit:
FIRST WARD.
All that part of the City of Oakland, bounded on the north, on the east, and on the west by the present northern, eastern and western boundary lines, respectively, of the City of Oakland, and bounded on the south by the northern boundary line of the City of Oakland, as said northern boundary line existed immediately prior to the annexation of new territory to said city in 1897.
SECOND WARD.
All that part of the City of Oakland bounded on the north by the northern boundary line of the City of Oakland, as said northern bound¬ ary line existed immediately prior to the annexation of new territory to said City in 1897; bounded on the east by the center line of Broad¬ way street; bounded on the south by a line described as follows; Commencing at the point of intersection of the center line of Broad¬ way street with the center line of Walnut street; thence westerly along the center line of Walnut street, and the center line of Walnut street produced westerly, to the center line of Telegraph avenue; thence northerly along the center line of Telegraph avenue to the center line of Twenty-second (22d) street, produced easterly; thence westerly along the said easterly extension of the center line of said Twenty-second (22nd) street, and along the center line of said Twenty-second (22nd) street, and along the westerly extension of the center line of said Twenty-second (22nd) street to the western Charter line of the City of Oakland; and bounded on the west by the western Charter line of the City of Oakland.
THIRD WARD.
All that part of the City of Oakland, bounded on the north by a line described as follows: Commencing at the point of intersection of the western Charter line of the City of Oakland with the center line of Twenty-second (22nd) street produced westerly, as aforesaid, and along the center line of said Twenty-second (22nd) street, and the center line of Twenty-second (22nd) street produced westerly, to the center line of Telegraph avenue; thence southerly along the center line of Telegraph avenue to the center line of Walnut street produced westerly, and thence easterly along the center line of Walnut street produced westerly, as aforesaid, and the center line of Walnut street, and the center line of Walnut street to the center line of Broadway street; bounded on the east by the center line of Broadway street;
12
CHARTER OP THE
bounded on the south by a line described as follows: Com¬ mencing- at the point of intersection of the center line of Broadway street with the center line of Sixteenth (16th) street produced easterly; thence westerly along the center line of Sixteenth (16th) street produced easterly, as aforesaid, and along the center line of said Sixteenth (16th) street to the center line of Jefferson street; thence southerly along the center line of Jefferson street to the center line of Fifteenth (15th) street; thence westerly along the center line of Fifteenth (15th) street, and the center line of Fifteenth (15th) street produced westerly to the center line of Market street; thence southerly along the center line of Market street to the center line of Twelfth (12th) street, and thence westerly along the center line of Twelfth street, and the center line of Twelfth street produced westerly to the center line of Kirkham street; thence southerly along the center line of Kirkham street to the center line of Twelfth street produced easterly; thence westerly along the center line of Twelfth street produced easterly, as aforesaid, and the center line of Twelfth street, and the center line of Twrelfth street pro¬ duced westerly to the center line of Center street; thence northerly along the center line of Center street to the center line of Twelfth street produced easterly; thence -westerly along the center line of Twelfth street produced easterly, as aforsaid, and along the center line of Twelfth street, and the center line of Twelfth street produced westerly, to the western Charter line of the City of Oakland, and bounded on the west by the western Charter line of the City of Oak¬ land.
FOURTH WARD.
All that part of the City of Oakland, bounded on the north by a line described as follows: Commencing at the point of intersection of the western Charter line of the City of Oakland with the center line of Twelfth street produced westerly to said Charter line; thence easterly along the center line of said Twelfth (12th) street produced westerly, as aforesaid, and along the center line of said Twelfth street, and the center line of Twelfth street produced easterly to the center line of Center street; thence southerly along the center line of Center street to the center line of Twelfth street produced westerly; thence easterly along the center line of Twelfth (12th) street produced westerly, as aforesaid, and along the center line of Twelfth street and the center line of Twelfth (12th) street produced easterly, to the center line of Kirkham street; thence northerly along the center line of Kirkham street to the center line of Twelfth street, produced westerly; thence easterly along the center line of Twelfth street produced westerly, as aforesaid, and the center line of Twelfth street to the center line of Market street; thence northerly along the center line of Market street to the center line of Fifteenth (15th) street produced westerly; thence easterly along the center line of Fifteenth (15th) street produced westerly, as aforesaid, and the center line of Fifteenth (15th) street
CITY OF OAKLAND, CAL.
13
to the center line of Jefferson street; bounded on the east by the center line of Jefferson street; bounded on the south by the center line of Seventh (7th) street, and the center line of Seventh street pro¬ duced westerly to the western Charter line of the City of Oakland, and bounded on the west by the western Charter line of the City of Oakland.
FIFTH WARD.
All that part of the City of Oakland, bounded on the north by the northern boundary line of the City of Oakland as said northern boundary line existed immediately prior to the annexation of new territory to said City in 1897; bounded on the east by the line dividing Oakland Township from Brooklyn Township; bounded on the south by the center line of Eighth (8th) street, and the center line of Eighth (8th) street produced easterly to the line dividing Oakland Township from Brooklyn Township; and bounded on the west by a line described as follows: Commencing at the point of intersection of the center line of Eighth street with the center line of Jefferson street; thence north¬ erly along the center line of J,efferson street to the center line of Six¬ teenth (16th) street; thence easterly along' the center line of Sixteenth (16th) street and the center line of Sixteenth (16th) street produced easterly, to the center line of Broadway street; thence northerly along the center line of Broadway street to the said northern boundary line of the City of Oakland as said northern boundary line existed imme¬ diately prior to the annexation of new territory to said City in 1897.
SIXTH WARD.
All that part of the City of Oakland, bounded on the north by a line described as follows: Commencing at the point of intersection of the western Charter line of the City of Oakland with the center line of Seventh (7th) street produced westerly to said Charter line; thence easterly along the center line of said Seventh (7th) street pro¬ duced westerly, a§ aforesaid, and along the centr line of said Seventh (7th) street to the center line of Jefferson street; thence northerly along the center line of Jefferson street to the center line of Eighth (8th) street; thence easterly along the center line of Eighth (8th) street, and its projection easterly, to the line dividing Oakland Township from Brooklyn Township; bounded on the east by the line dividing Oakland Township from Brooklyn Township; and bounded on the south and on the west by the Charter line of the City of Oakland.
SEVENTH WARD.
All that part of the City of Oakland, bounded on the north, on the east, and on the south by the Charter line of the City of Oakland, and on the West by the line dividing Oakland Township from Brooklyn Town¬ ship.
14
CHARTER OF THE
ARTICLE II.
Elections
Sec. 7. General Municipal Elections shall be held biennially, on the second Monday in March, commencing with the second Mon¬ day in March next after the adoption of this amendment. At each such general municipal election there shall be elected a Mayor, who shall be ex-officio a Commissioner of Public Works, eleven members of the Council, eleven members of the Board of Education, an Auditor, who shall be ex-officio Assessor, a Treasurer, who shall be ex-officio Tax Collector, a City Attorney who shall be ex-officio a Commissioner of Public Works, and a City Engineer wTho shall be ex-officio a Com¬ missioner of Public Works.
[Note 1 — This section, together writh sections 46, 63 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature January 31, 1895. The original Sec¬ tion 7 was as follows: General municipal elections shall be held bien¬ nially on the second Monday in March, commencing with the second Monday in March next after the adoption of this Charter. At each general election there shall be elected a Mayor, eleven members of the Council, eleven members of the Board of Education, an Auditor, who shall be ex-officio Assessor, a Treasurer, who shall be ex-officio Tax Collector, a Police Judge and two Justices of the Peace.]
[Note 2 — Under this section, municipal elections are held in odd numbered years.]
Sec. 8 The provisions of Title II., Part III., of the Political Code relating to elections, and all laws amendatory thereof and supple¬ mental thereto, and all rights, duties, liabilities and restrictions arising thereunder, not inconsistent with the provisions of this Charter, are hereby, so far as the same can be applied, made . applicable to all municipal elections; and the respective officers of the city shall have, possess and perform such powers and duties in all matters relating to municipal elections as are by law conferred or imposed upon county officers and officers of election in State and county elections, and to that end all rights, powers and duties so by law conferred or imposed upon the Board of Supervisors are hereby conferred upon the Council; and all rights, powers and duties so by law conferred or imposed upon the County Clerk are hereby conferred and imposed upon the City Clerk, except as in this Charter provided.
[Note 1 — Charter provisions prevail over general election law. See People vs. Hill, 125 Cal. p. 16.]
[Note 2 — The provision of the general law, referred to in this section are to be found in Secs. 1041 to 1365 of the Political Code.]
CITY OF OAKLAND, CAL.
15
Sec. 9. In establishing election precincts the Council shall make them as geographically compact as possible, and so that no precinct shall have more than four hundred electors therein.
[Note — See Fragley vs. Phelan, 126 Cal, page 397.]
Sec. 10. Only such persons residing in the City, whose names appear upon the Great Register of Alameda county at the time of any municipal election, shall be entitled to vote at such election; and to this end and extent said Great Register is hereby adopted as the reg¬ ister of voters in and for the City. The Council shall cause authenti- cated copies of such Great Register to be made and used at and for all municipal elections.
Sec. 11. The certificates of election issued by the City Clerk must be authenticated with the seal of the City. No other authentication shall be necessary.
[Note 1 — See statutes 1899, page 63, for law governing Charter amendment elections.]
[Note 2 — A City Charter framed and adopted under Sec. 8, Art. XI. of our Constitution, can be amended at intervals of not less than two years in the manner and by the vote provided in such Constitution.
Such a Charter can be changed by amendment only, and not by the adoption of a new Charter. Blanchard vs. Hartwell, 131 Cal. 263.]
ARTICLE III.
Legislative Department.
Sec. 12. The Legislative power of the City of Oakland shall be vested in a Council of eleven members, whose terms of office shall be two years.
Sec. 13. One member of the Council shall be elected from each of the seven wards of the City, each of whom shall, at the time of his elec¬ tion, be a resident of the ward from which he is elected. Four mem¬ bers of the Council shall be elected from the city at large, but no two of the latter shall, at the time of election, be residents of the same ward.
Sec. 14. The Council shall meet on the second Monday after the election of its members shall have been officially declared, and at such other times as may be designated by resolution or ordinance. Special meetings may be called by the Mayor, the President of the Council or five members of the Council. Seven members of the Council shall be a quorum, and the affirmative vote of six members shall be necessary ■to pass any measure, but a less number than seven may adjourn from
i6
CHARTER OF THE
day to day and compel the attendance of absent members in such manner and under such penalties as the Council may prescribe.
Sec. 15. The Council shall annually elect a President from its own members, who may be removed by an affirmative vote of not less than nine members of the Council. >
Sec. 16. The Council shall establish rules for its proceedings. It shall have the power to punish its members for disorderly conduct in its presence, and may expel any member for malfeasance in office by an affirmative vote of nine of its members. The Council shall also have the power to compel the attendance of witnesses, and the pro¬ duction of all papers relating to any business properly before that body.
Sec. 17. The President of the Council and the Chairman of each committee thereof shall have the power to administer oaths and affir¬ mations relating to any business brought before the Council or under consideration by its committees.
Sec. 18. No ordinance shall be amended by reference only to its. title; but when any ordinance is amended, the section or sections thereof shall be re-enacted at length, as amended.
[Note — As to legal effect of amendments see Fletcher vs. Prather, 102 Cal. 413.]
Sec. 19. Every ordinance shall embrace but one subject, which shall be clearly indicated in the title. In all cases where the subject is not so expressed in the title, the ordinance shall be void as to the matter not expressed in the title.
[Note — It is enough if the title of the ordinance to be amended is recited; it is not necessary that the subject of the particular section amended shall be stated in the title of the amendatory ordinance. See People vs. Parvin, 74 cal. 549.]
Sec. 20. When any bill is put upon its final passage and fails to pass, if a motion is made to reconsider, the vote upon such motion shall not be taken until the next meeting of the Council. No bill for the grant of any franchise shall be put on its final passage within thirty days after its introduction.
Sec. 21. Every bill, after it has passed the Council, shall be signed by the President thereof, and every bill which shall have passed the Council, and have been thus authenticated, shall be presented to the Mayor for his approval. The Mayor shall return such bill to the Council within ten days after receiving it. If he shall sign the same, it shall then become an ordinance; but if he shall disapprove the bill, he shall state his objection thereto in writing. If the bill is not returned with such approval or disapprovel within the time specified, it shall take effect as if he had approved the same.
[Note — See County of San Diego vs. Seifert, 97 Cal. 594.]
Sec. 22. When a bill is returned without the approval of the Mayor, the Council shall, within thirty days thereafter, proceed to consider and vote on the same. If the bill is again passed by an
CITY OP OAKLAND, CAL.
17
affirmative vote of not less than eight members, it shall take effect as if the Mayor had approved the same. If the bill shall fail, on being so considered, to receive eight affirmative votes, it shall then be finally lost. The vote shall be taken by ayes and noes, and the result shall be entered in the minutes of the Council.
Sec. 23. The action of the Council shall be by ordinance or reso¬ lution. To constitute an ordinance a bill must, before final action thereon, be passed to print and published with the ayes and noes for ten days; and in case of any amendment being thereafter made, must in like manner be republished as amended for not less than five days. No action providing for any specific improvement or the granting of any privilege or involving the lease, appropriations or disposition of public property or the expenditure of public money (except sums of less than $500) or the levying of any tax assessment, or the imposing of any new duty or penalty shall be taken except by ordinance..
[Note — See County of San Diego vs. Seifert, 97 Cal. 559-600; also Stat. 1897, p. 190.]
Sec. 24. No ordinance passed by the Council shall take effect until ten days after its passage and approval, unless otherwise pro¬ vided in the enactment.
Sec. 25. The Council shall, in the year 1890, and every tenth year thereafter, redistrict the city into seven wards, making- the same as nearly equal in population and as geographically compact as possible, but the City shall not be redistricted within ninety days previous to any municipal election.
[Note 1 — This section was construed in ex rel Cuff vs. City of Oak¬ land, 123 Cal. page 598.]
[Note 2 — Under the provisions of this section, the Council redis¬ tricted the City January 15, 1900, by its Resolution No. 25828. See Sec. 6 of this Charter, ante, and notes connected therewith.]
Sec. 26. The Council shall, during the first year after its organi¬ zation under this Charter, cause all ordinances then in force to be classified under appropriate heads, and shall provide for the publica¬ tion of the same in book form. Every officer of the City shall be entitled to one copy of such ordinances, without charge; and every citizen applying for a copy, shall be entitled to the same at cost of publication. The Council shall, every three years after the publica¬ tion, as herein provided, cause all the ordinances at that time in force to be compiled, and shall publish the same, subject to the terms and conditions herein expressed.
Sec. 27. The enacting clause of all ordinances shall be in these words. “Be it ordained by the Council of the City of Oakland as fol¬ lows: ”
Sec. 28. No contract for lighting streets, public buildings, places or offices shall be made for a longer period than one year; nor shall any contract be made to pay for gas, electric lights or any other illu-
i8
CHARTER OF THE
minating material at a higher rate than is charged to any other con¬ sumer.
[Note — For general law as to lighting contracts in municipalities see Statutes 1897, p. 210. The action of the Council calling for bids may be by ordinance or resolution, but the award of contract must be by ordinance.]
[Note — See also Secs. 4412-13, Political Code.]
Sec. 29. No contract for the supplying of water for the use of the municipality in any of its departments shall be made, wherein the rates exceed those charged to other consumers.
[Note — See also Secs. 4412-13, Political Code; also Sec. 31, sub. 41 post.]
Sec. 30. All contracts must be in writing, executed in the name of the City, and by an officer authorized to make the same. The form and legality of all contracts shall be submitted to, and passed upon by the City Attorney. Every contract must be countersigned by the Auditor, numbered and registered in a book kept for that purpose.
Sec. 31. The Council shall have power to pass ordinances:
1. To establish or alter the grades of and to open, lay out, close, straighten, widen or otherwise improve or _ regulate streets, alleys, lanes and sidewalks upon the same, determine the width of sidewalks and streets and the grade of the same, and to provide for acceptance of the streets when constructed and completed in accordance with such regulations as the Council may adopt. Also to open, lay out and construct, alter, repair and vacate walks, crosswalks, avenues and thoroughfares in or over any plaza, park or grounds belonging to or under the control of the City.
2. To regulate or prohibit traffic and sales in streets, highways and public places; to prevent encroachments upon or obstructions to the same, and to require their removal.
3. To regulate the laying of telegraph or telephone wires in or upon the public streets, erecting of gas and electric lights therein, the numbering of houses on the streets and avenues; the naming of the streets, avenues, public places and thoroughfares; the crossing of streets, avenues, sidewalks and gutters; the use of streets and sidewalks for signs, sign-posts, awnings, awning posts, horse-troughs, telegraph posts and other purposes; the exhibiting of banners, placards or flags in or across the street or from houses or other buildings; public cries, advertising or other noises, steam whistles and the ringing of bells in the streets; the use of the streets and public places for foot pas¬ sengers, animals, vehicles, cars and locomotives.
[Note — Streets include sidewalks. 87 Cal., page 94.]
4. To regulate the building and repairing of sewers; and it shall establish, through the Board of 'Public Works, a general and compre¬ hensive system of sewers in the city.
5. To provide for and regulate street pavements, crosswalks,
CITY OP OAKLAND, CAL.
19
curbstones, grades, gutters, sewers, lighting and watering of the streets, avenues and public places.
[Note — See also note preceding Section 101 of this Charter post; also Sections 28 and 29 ante.]
6. To regulate dispensaries, hospitals, markets and other public institutions.
7. To provide for the construction and repair of bridges, wharves, docks, piers, slips, ferries and public places.
8. To fix, regulate and collect tolls, wharfage and dockage.
9. To regulate, under the superintendence of the Board of Public Works, the moving and anchoring of vessels within the waters of the city, and to prevent obstruction to the free navigation of the same.
10. To make regulations for preventing and extinguishing fires, establishing fire districts, preventing the erection or repairing of wooden buildings or any buildings composed of combustible material therein, and for restricting the height of buildings or structures.
[Note — A fence erected wholly upon the land of one person is not a division fence within the meaning of the act of March 9th, 1895, limiting the height of division fences and partition walls in cities and towns, and an adjoining property cannot enjoin it as a nuisance merely because it obstructs the passage of light and air to his building. The English doctrine of “ancient lights” does not obtain in this country; and the Legislature cannot vest in an adjoining proprietor the right to prevent his neighbor from building upon his own land such structure as he may see fit, provided it is not a nuisance. Ingwersen vs. Barry, 118 Cal. 342.]
11. To declare what shall constitute a nuisance and abate the same.
12. To provide and maintain a morgue.
13. To prohibit or suppress all house of ill-fame, all occupations, houses, places of amusement, exhibitions and practices which are against good morals, and contrary to public order and decency, or dangerous to the public safety.
14. To regulate or prohibit the sale, storage and use of powder, fireworks, dynamite, nitro-glycerine and other explosives or com¬ bustible materials and substances, the places of their manufacture, storage and their transportation.
15. To regulate the maintenance of acid works, slaughter houses, wash-houses, laundries, tanneries, offensive trades, and all other manu¬ factories, works and business of every description, that may endanger the public safety, health or comfort, and to restrict the prosecution thereof to such fixed limits as may seem proper, or exclude such works and business from the city.
16. To prevent or regulate the running at large of any animals, to establish a pound, and to authorize the destruction or impounding of any animals running at large.
17. To provide for the public printing, and to provide suitable
20
CHARTER OF THE
rooms and buildings for the Courts, Boards, and officers of the City, and such furniture, fuel, lights, and stationery, and other supplies of any kind as are necesseary for the convenient transaction of public business, all of which shall be provided by the Board of Public Works upon requisition of the Council, when the expenditure to be incurred may exceed $100. The Council shall annually, at its first regular meeting in May, make such requisition for whatever it shall judge necessary for the ensuing fiscal year, and shall make other requisitions from time to time as occasion may require. The requisitions shall state in clear and explicit terms the quantity and kind of supplies material or work needed, and how, when, and where to be delivered or performed.
18. To regulate the construction, repair and use of sewers, sinks, gutters, wells, cesspools, and vaults, and to compel the connecting, cleaning or emptying of the same, and to designate the time and man¬ ner in which the work shall be done.
19. To prevent throwing into any stream, creek, bay, or any body of water, from vessels, wharves or other places, any dirt, ballast, ashes, garbage, dead animals, or other materials that may obstruct the same or pollute the waters thereof.
20. To regulate or prohibit the use of steam boilers, the location of telegraph and telephone poles and wires, awnings, and the con¬ struction of entrances to cellars and basements from sidewalks.
21. To establish hack stands, and regulate the rates of charges of hacks and other licensed vehicles.
22. To regulate the entrance to and exit from theatres, lecture rooms, public halls and churches, and the number and construction of such entrances and exits, and to prohibit the placing of chairs, stools, benches and other obstacles in the aisles of such buildings.
23. To maintain and regulate a fire alarm and police telegraph.
24. To regulate and control the business of pawnbrokers, junk dealers, intelligence offices, and prescribe the mode of conducting the same.
25. To fix and determine, annually, the rates of compensation to be collected by any person, company or corporation in the City, for the use of water supplied to the City or the inhabitants thereof, and to prescribe penalties for the violation of all ordinances passed in reference to matters contained in this sub-division.
[Note — The Constitution, Art. XIV., Sec. 1, provides that water rates shall be fixed annually by the Council in the month of February, to take effect on the first day in July thereafter. Such rates are to be fixed "by ordinance or otherwise, in the manner that other ordinances or legislative acts or resolutions are passed by such body, and shall continue in force for one year and no longer.” As to annual state¬ ment required from Water Companies, see Stats. 1881, p. 54; see also S. V. W. W. vs. San Francisco, 82 Cal. 286, and San Diego W. Co. vs. San Diego, 118 Cal. 556.]
CITY OF OAKLAND, CAL.
21
26. To regulate the quality, capacity and location of water and gaspipes, mains and fire-plugs, and to provide for and regulate the construction and repair of hydrants, fire-plugs, cisterns, pumps and such other appliances as may be requisite to utilize the distribution of water and gas in the streets, public places and public buildings.
27. To regulate the speed of railway engines, and to require rail¬ road companies either to station flagmen or place sufficient automatic warning signals and signal bells at street crossings.
28. To grant franchises permitting any company or corporation to lay and maintain tracks and to pass with steam railroads along, upon and across, or elevated above or placed below any streets of the City, provided, that the free use of the said streets shall not be un¬ necessarily obstructed thereby, and that, except in that portion of the City which is designated in the following subdivision of this Section, such franchise shall be granted only after notice published for two weeks and by ordinance passed by the votes of two-thirds of the mem¬ bers of the Council, and upon the previous petition in writing of the owners of two-thirds of the front feet of lands upon that part of the street to be used. Such grants shall be without prejudice to the rights of non -consenting owners to compensation for damages.
[Note — See Civil Code, Sec. 470, City of South Pasadena vs. L. A. T. Ry. Co., 109 Cal. 315.]
29. It shall be the duty of the Council, and the Council is hereby required to grant to any railroad company or corporation applying therefor, a franchise to lay and maintain tracks along any line selected by the applicant and to pass with steam railroads along, upon and across or elevated above or placed below any street or streets within that portion of the City which lies west and south of a dividing line commencing at the point where the east line of Halleck street inter¬ sects the present Charter line of the City, and running thence south¬ wardly in a straight line to the northwesterly corner of Block No. 770; thence southwardly along the east side of Wood street to the north¬ easterly corner of Taylor and Wood streets; thence on a curve with a radius of three quarters of a mile to a point wffiere said curve inter¬ sects the south line of the right of way of the Western Pacific Rail¬ road Company, now occupied by the Southern Pacific Company, near the foot of Cypress street extended southwardly, and thence along the said line of said right of way of the Western Pacific Railroad Com¬ pany until the same intersects the present eastern Charter line of the City. And in case that the limits of the City be hereafter extended northwardly and eastwardly, the said dividing line shall be extended northwardly to the northern limit of the City, keeping parallel with and 300 feet east of the right of way of the Northern Railway Com- pany, and shall be extended eastwardly to the eastern limit of the City, keeping along the southerly line of said right of way of the Western Pacific Railroad Company.
And the Council shall, upon said portion of the City, grant equal privileges, subject to the general laws of the State of California, to all
22
CHARTER OP THE
railroad companies or corporations to enter the City and operate and maintain railroads for the convenience of the public to and upon the water front of the City; and shall grant to such companies or corpora-
i
tions, without discrimination between them, the right to construct and! maintain freight and passenger depots, engine houses, workshops* wharves, docks, slips, ferries, landing places and other terminal facil¬ ities; provided, that no franchise for right of way exceeding 50 feet in width, and no franchise for terminal faclities upon land exceeding 1000 feet of frontage on the water front shall be granted to any one com¬ pany or corporation, or to any companies or corporations under one management or control.
30. The Council shall, upon the portion of the City designated in the preceding subdivision of this section grant, subject to general laws, to all companies or corporations desiring to acquire or con¬ demn property for public uses, equal privileges to construct and main¬ tain wharves, docks, slips, landing places, ferries, warehouses and other property devoted to public uses, but not upon land exceeding 1000 feet of frontage upon the water front to any one company or corporation, or to any companies or corporations under one manage¬ ment or control.
31. The Council, as soon as practicable, shall cause to be pre¬ pared by the Board of Public Works a map of all that portion of the City which lies west and south of the dividing line aforesaid, upon which map it shall lay out a general and complete plan of harbor improvement and designate what lands are necessary for the public uses of avenues or highways to the water front, and for terminal facil¬ ities for railroads and for open slips, canals and docks for the accom¬ modation of vessels and for public wharves, landing places, warehouses and other public uses; and all franchises granted under subdivisions 29 and 30 of this section shall be made to conform to the said plan.
32. The grant of a franchise under subdivisions 28 to 30, inclus¬ ive, shall be a delegation of the right to condemn private property for public uses upon compensation being made therefor as provided by law.
33. To grant the right to construct and to regulate and control the construction thereof to railroad corporations, of pipes, tubes, con¬ duits, signal bells, warning signs, wires and other electric, telegraph and mechanical appliances in, along, over and across the streets; pro¬ vided, that said appliances be so constructed as not to interfere with the free use of the sidewalks and streets. •
34. To require every railroad company to keep the streets in repair between the tracks, and along and within the distance of two feet upon each side of the tracks occupied by the company.
[Note — See also Sec. 498, Civil Code, as to restrictions to be re¬ quired in franchises for street railroads.]
35. To determine fines, forfeitures and penalties for the violation of any ordinance or any provisions of this Charter.
36. To make all needful rules to govern the official conduct and
CITY OF OAKLAND, CAL.
23
duties of all officers of the City whose duties are not defined by this Charter, and to fix and regulate the charges and fees of all such officers, where the fees are not otherwise fixed, and to compel the payment of all such charges and fees into the City Treasury.
37. To grant franchises for the construction of street railroads on and along the streets of the City; provided, that when application is made for such franchise the Council shall by resolution cause a notice of such application to be published for twenty days, and shall in said notice specify the route along* which it is proposed to construct such road, and shall offer to grapt the franchise to the persons, com¬ pany or corporation that shall agree to pay at the expiration of five years after said railroad is completed, and thereafter semi-annually, the largest per centum of the gross receipts of such road, according to a verified statement of the same; and provided, further, that in all grants of franchises for street railroads it shall be made a condition that single fares on such roads shall not exceed 5 cents, and that only such rails shall be laid down as are of the most approved flat iron pattern for street railways operated by horses, mules, cables, or other motors than steam. The Council may reject all bids, and may refuse to grant a franchise for the proposed route; and, in case no bids are made, may, in their discretion, grant a franchise for such period as may be deemed most expedient. Franchises for street railroads to be operated by horses or mules shall not exceed twenty-five years.
[Note 1 — For the general laws as to the granting of such franchises, see Sec. 497, Civil Code; for statutory requirements of franchise, see Secs. 498 to 502, Civil Code; and as to municipal regulation of such railroads, see Secs. 503 to 511, Civil Code; see also Stat. 1893, pp. 44, 208, 288; Stat. 1895, p. 241; Stat. 1897, pp. 46, 135 and 191; see also People vs. Craycroft, 111 Cal. 544.]
[Note 2 — In the case of Santa Rosa City R. R. Co. vs. Central Street R. R. Co., the Supreme Court of the State decided (Decision January 6, 1895, 38 Pac. Rep. 986) that the provisions of Sec. 502, Civil Code, limiting the time within which street railroads must be com¬ pleted, do not of their own force produce a forfeiture “without further legislative or judicial action,” and that a grant of the same franchise to another party will not of itself effect a forfeiture; further, that in the absence of “express legislative declaration” by “apt and plain lang¬ uage to that effect;” “the franchise and right of way continues to exist until a judgment of forfeiture is obtained or the forfeiture is declared by legislative authority.” Same case on rehearing, 112 Cal. 436.]
[Note 3 — For act concerning fenders and brakes on street cars see Statutes 1899, page 183.]
38. To establish and regulate the issuing and granting of munici¬ pal licenses and the collection of license taxes.
[Note — County of El Dorado vs. Meiss, 100 Cal. 268.]
39. To establish a City Hospital and to provide for its main¬ tenance.
24
CHARTER OF THE
40. To acquire land for public parks, and to improve and main¬ tain such lands for the benefit of all the inhabitants of the City; and also to acquire lands for public buildings and other public uses.
[Note — For the general law as to issuance of bonds for parks and boulevards, see Stats. 1889, p. 361; for other municipal improvements, see Stats. 1889, p. 399; see also Stat. 1897, p. 45; see also Stats. 1901, p. 296, as to special tax.]
41. To provide water for the uses of the City and its inhabitants.
[Note 1 — It is competent for a City to purchase land outside its lim¬ its to supply itself with water — Section 1 of this Charter.]
[Note 2 — See also Subdivision 5 of this Section ante: also Section 29 of this Charter ante, and Secs, 4412-13 Political Code.]
42. To provide for the execution of all trusts confided to the City.
43. To offer rewards not exceeding five hundred dollars for the arrest and conviction of any person or persons who may have com¬ mitted a forgery in said City.
44. To provide an urgent necessity fund ,not exceeding five hun¬ dred dollars a year, to be expended under the direction of the Mayor.
45. To establish a house of correction and reformation for juven¬ ile offenders.
46. To grant to the Associated Charities of the City of Oakland a sum not to exceed one hundred and fifty dollars per month, to be expended in accordance with the articles of incorporation of that asso¬ ciation.
47. To regulate the custody, leasing and sale of all the property of the municipality, and such lost, stolen or unclaimed property as may be in possession of the police or other officers of the City.
48. To regulate all parades and processions, and to determine what parades or processions upon the streets shall not be lawful, and to declare the same a nuisance.
49. To make all rules and regulations necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Charter or by general laws in said City.
50. To make and enforce all such local, police, sanitary and other regulations as are not in conflict with general laws and the provisions of this Charter.
[Note 1 — See Constitution, Art. XI., Sec. 11, to same effect.
An ordinance is not inconsistent with general law merely because it makes another and different regulation for the sale of a certain thing where there is no direct conflict. Ex. parte Houg Shen, 98 Cal. 681; se ex parte Lacy, 108 Cal. 326.
Cases construing police power of Council: Sanitary, 105 Cal. 161, 104 Cal. 275, 98 Cal. 75; beating drums in street, 105 Cal. 558; liquors in dance halls, 98 Cal. 555; liquors where females employed, 96 Cal.
. CITY OF OAKLAND, CAL.
25
360; lotteries, 108 Cal. 680; pool selling-, 91 Cal. 589; concealed weapons, 90 Cal. 617; laundries, 96 Cal. 354.]
[Note 2 — The Council cannot appropriate money from the City Treasury to pay the expenses of officers visiting other cities to secure information. James vs. The City of Seattle, 62 Pac. Rep. 847.]
ARTICLE IV.
Executive Department.
[Of the Mayor.]
Sec. 32. The Mayor shall be the chief executive officer of the City, and his term of office shall be two years.
Sec. 33. He shall vigilantly observe the official conduct of all public officers, and take note of the fidelity and exactitude, or the want thereof, with which they execute their duties and obligations, especially in the collection, administration and disbursement of the pubic funds and property; and the books, records and official papers of all depart¬ ments, boards, officers and persons in the employ or service of the City shall at all times be open to his inspection and examination. He shall take special care to see that the books and records of the said depart¬ ments, boards, officers and persons are kept in legal and proper form; and any official defalcation or willful neglect of duty or official mis¬ conduct which he may discover, or which shall be reported to him, shall be laid by him before the Council, City Attorney or District Attorney, in order that the public interests shall be protected, and the person in default be proceded against according to law. He shall, from time to time, give the Council information in writing, relative to the state of the City, and shall recommend such measures as he may deem beneficial to its interests.
He shall see that the laws of the State and the ordinances of the city are observed and enforced. He shall appoint a competent person or persons, expert in matters of book-keeping and accounts, to ex¬ amine the books, records, condition and affairs of every department, board or officer at least once in every year, and enforce such examina¬ tion. Any person refusing to submit to or to permit such examina¬ tion, or purposely delaying or impeding the same, may be suspended from office by the Mayor and removed for malfeasance in office. He shall have a general supervision over all the departments and public institutions of the City, and see that they are honestly, economically .and lawfully conducted. He shall take all proper measures for the
26
CHARTER OP THE
preservation of public order and the suppression of all riots and tumults, for which purpose he is authorized and empowered to use and command the police force; and if such police force is insufficient, it shall be his duty to call upon the Governor for military aid, in the manner provided by law, in order that such riots or tumults may be properly and effectually suppressed.
[Note — As to the powers of the Governor in cases of riots, etc., see Secs. 1916 and 2039, Political Code. As to posse comitatus, see Secs. 150 and 839, Penal Code.]
Sec 34. He shall, at least once in three months, together with a majority of the Finance Committee of the Council, count the cash in the City Treasury and see that it corresponds with the books of the Treasurer and Auditor.
Sec. 35. He shall see that all contracts and agreements with the City are faithfully kept and fully performed, and to that end shall cause legal proceedings to be commenced and prosecuted in the name of the City against all persons or corporations failing to fulfill their agree¬ ments or contracts, either in whole or in part. It shall be the duty of every officer and person in the employ or service of the City, when it shall come to his knowledge that, any contract or agreement with the City or with any officer or department thereof, or relating to the busi¬ ness of any office, has been or is about to be violated by the other contracting party, forthwith to report to the Mayor all facts and in¬ formation within his possession concerning such matter; and a willful failure so to do shall be cause for the removal of such officer or employe, as in case of malfeasance in office.
[Note — For statutory proceedings to remove officers for miscon¬ duct see Secs. 758 to 772, Penal Code.]
Sec. 36. The Mayor may call special meetings of the Council. The action of the Council at special meetings shall be confined to the matters specified in the notice.
[Note — See also Section 14 of this Charter, ante, as to the calling of special meetings of the Council.]
Sec. 37. When and so long as the Mayor is temporarily unable to perform his official duties, the President of the Council shall act as Mayor pro tempore. When a vacancy occurs in the office of Mayor, it shall be filled for the unexpired term by the Council, assembled for the purpose. A member of the Council during the term for which he shall have been elected or appointed shall be ineligible to fill such vacancy.
Sec. 38. The Mayor may, when authorized by the Council so to do, appoint a Clerk, to be known as Mayor’s Clerk. The Mayor shall perform all such other duties as may be prescribed by law or ordinance.
[City Clerk.]
Sec. 39. The Council shall appoint a City Clerk, to hold office for the term of two years from the date of his appointment, unless sooner
CITY OP OAKLAND, CAL.
27
removed by resolution. His duties shall be to keep the corporate seal and all books, records and other documents belonging' to the City, the custody of which is not in this Charter otherwise provided for; to attend all meetings of the Council and keep a journal of its proceed¬ ings, all its by-laws, ordinances and resolutions; and perform such other duties relating to his office as the Council shall direct. He shall have power to take affidavits and administer oaths in all matters relat¬ ing to the business of the city, and shall make no charge therefor.
[Auditor and Assessor.]
Sec. 40. The Auditor shall be ex-offiicio Assessor. As Assessor, he shall perform all the duties prescribed by this Charter or by law for assessing property in the City for purposes of taxation. As Auditor, he shall number and keep a record of all demands allowed by him, show¬ ing the date of approval, amount and name of original holder, the number, on what account and out of what fund payable. He shall be required to be constantly acquainted with the exact condition of the Treasury. He shall, on the first Monday of each month, or oftener if required, report to the Mayor the condition of each fund in the Treas- ery. He shall keep a complete set of books for the City, in which shall be set forth in a plain and business-like manner every money transaction of the City, so that he can at any time tell the exact con¬ dition of the City’s finances. He shall make an annual report showing the sources from which the City’s revenue was derived and how ex¬ pended. He shall issue all licenses and turn the same over to the Tax
Collector for collection, and shall draw and sign all warrants upon the Treasury, except as otherwise in the Charter provided. Every demand must, before it can be paid, be presented to the Auditor to be approved, who shall satisfy himself whether the money is legally due and remains unpaid, and whether the payment thereof from the Treasury of the City is authorized by law and out of what fund. After such examination he shall approve or reject the claim in whole or in
part, and indorse on such demand his approval or rejection over his
signature, together with the date thereof. If it is approved, the fund out of which it is to be paid shall be designated. If the claim is rejected, or any part of it, unless the party presenting it is willing to take in full of the entire demand, the sum offered, the Auditor shall return it, with his reasons for rejecting it to the Council, Board or other body which originally authorized it; then, if it is allowed by a majority vote of all the members of the Council, or of the members of the Board or other body authorizing it, and approved by the Mayor, it can be audited in the same manner as if it had not been rejected; provided, the said Council, Board or other- body had the authority to make the expenditure out of which the claim arose. No demand upon the City Treasurer shall be considered, presented for action, or acted upon, allowed or approved, unless it specifies on its face each several item composing it, and the amount and date thereof. Every demand shall be numbered and acted upon by the Auditor in the order
28
CHARTER OF THE
of its presentation to him; and when allowed, either in whole or in part, the warrant therefor shall be numbered and entitled to payment in the same order as allowed. No demand upon the Treasury shall be allowed by the Auditor in favor of any officer or other person, or any of their assigns, who is in any manner indebted to the City, without first deducting therefrom the amount of such indebtedness, nor in favor of any officer or other person, or his assigns, having the collec¬ tion, care, custody or control of public funds, unless the accounts of such officer or other person have been presented, passed, approved and allowed as is or may be required by law; nor in favor of any officer or other person, or his assigns, who has neglected to make any oath required by law or ordinance or other regulation cf the Council; nor in favor of any officer, or his assigns, who has failed, to the knowledge of the Auditor, to do any duty imposed on him by law jr ordinance or other regulation of the Council. The Auditor shall have authority to take affidavits and administer oaths necessary in the transaction of all City business.
[Note 1 — See Kelso vs, Teale, 106 Cal. 477 as to itemizing demand; see Colusa vs. Welch, 122 Cal. 428, as to itemizing demands.]
[Note 2 — The approval by the Council of a demand which is illegal on its face does not justify the Auditor in drawing a warrant in pay¬ ment thereof. Rooney vs. City of Oakland, 131 Cal. page 51.]
[Treasurer.]
Sec. 34. The Treasurer shall be ex-officio Tax Collector. as Tax Collector he shall perform the duties in this Charter and by the general laws of the State provided. As Treasurer he shall receive and pay out all moneys belonging to the City, and shall keep an account of all receipts and expenditures under such rules and regulations as may be prescribed by ordinance. He shall make a monthly statement to the Council of the receipts and expenditures of the preceding month, and shall do all things required of him by law or ordinance of said City. He shall not pay out any moneys belonging to the City except upon claims presented, allowed and audited in the manner pro¬ vided by law. As soon as suitable vaults and safes are provided, the Treasurer shall keep therein all moneys belonging to the City; and he shall not thereafter under any circumstances deposit with, or loan to any person, corporation or bank any of the moneys of the City, or allow the same (except in payment of demands against the City) to pass out of his custody. If he shall violate any of the provisions of this section, he shall forfeit his office and be forever disqualified from holding any position in the service of the City.
As soon as possible after the adoption of this Charter, the Council shall provide suitable vaults and safes for the use of the Treasurer.
[Note — Depositing city's money in banks, see Yarnell vs. Los Angeles, 87 Cal. 603.]
CITY OF OAKLAND, CAL.
29
[Payments and Collections.]
Sec. 42. All fees and other moneys received or collected by any officer, agent or employe of the City (excepting only such fees as the City Engineer may be authorized by ordinance to collect) shall be paid by such officer, agent or employee each month, or as much oftener as the Council may require, into the City Treasury for the use of the City; and no payment of salary shall be made to any officer, agent or employe who shall be in receipt of money payable to the City, until he shall have taken and filed with the Auditor an affidavit that he has paid into the City Treasury all fees or other moneys theretofore received by him or collected.
[Oath.]
Sec. 43. Every officer provided for in this Charter shall, before entering upon the duties of his office, take, subscribe and file with the City Clerk the following oath: “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of the office of [ - ] to the best of my ability.”
[Salaries of Officers.]
Sec. 44. The compensation of officers and employees of the City shall be per annum as follow's: Mayor, $3000; Treasurer and Tax Col¬ lector, $3000; Auditor and Assessor, $3000; City Attorney, $2400; City Clerk, $1500; City Superintendent of Schools, $2500; [See note below.] Superintendent of Streets, $1500; Chief of Police, $2100; Police Judge, $2400; Chief of Fire Department, $1800; City Engineer, $600; Policemen, $1200; Members of Board of Public Works, each $2400; [see note 2 below.] Members of the Council, each $480. Two policemen may be detailed as Captains of Police and two as detectives. Those so detailed shall be paid $300 per annum each in addition to their regular salary as policemen.
[Note 1 — By the provisions of Section 1793 of the Political Code, Stats. 1891, p. 164, City Boards of Education have “full power to fix the salary of all employes.” In June, 1902, the Board of Education of this City fixed the salary of City Superintedent of Schools at $3000 per annum.
In Kennedy vs. Miller, 97 Cal. 431, it is held that school districts de¬ rive their authority from the Legislature through the general law, and that in reference to the public schools the general law controls Charter provisions. See also Mitchell vs. the Board of Education, decided by the California Supreme Court, Sept. 20th, 1902.]
[Note 2 — For salaries of the members of the Board of Public Works see Sec. 63 of this Charter.]
[Official Bonds.]
Sec. 45. Every officer provided for by law, shall, before entering upon the duties of his office, and within ten days after the mailing or
3°
CHARTER OF THE
delivery to him of his certificate of election or appointment [file] an official bond in such sum as the Council may by resolution, approved by the Mayor or passed over his veto, direct, payable to the City, which bond shall be subject to the law concerning- official bonds of officers. All official bonds shall be approved by the Mayor and City Attorney (except that of the Mayor, which shall be approved by the Treasurer and City Attorney, and also except that of the City Attorney, which shall be approved by the Mayor and Treasurer), the approval to be endorsed thereon; and said bonds shall be filed and kept in the office of the Auditor, and must also be recorded forthwith at the ex¬ pense of the party giving the same, in the office of the City Clerk, in a book kept for that purpose. The official bond of the Auditor, after recording, shall be kept on file in the office of the Mayor. The City Council may, at any time, require an additional amount or new sureties upon any official bond which it may determine insufficient; and must require an additional bond or new sureties whenever a surety thereon shall die or become insolvent or cease to be a resident of the State. If such additional bond or additional security be not given, the Council upon notification thereof by the Mayor, must declare the office vacant; and as soon as such declaration is made, the office becomes vacant. No official bonds shall be approved unless the sureties thereon shall justify in the manner provided for in the Political Code for the justi¬ fication of the official bonds of county officers; and all persons offered as sureties on official bonds must be personally examined on oath as to their qualification, by the officers whose duty it is to approve the bond. No officer or employe of the City or member of the Council shall be surety upon the official bond of any other officer of the City.
[Note — For justification of sureties under Pol. Code, see Sec. 955 Pol. Code.]
ARTICLE V. Judicial Department.
[City Attonrey.]
Sec. 46. The City Attorney shall be an attorney and counselor at law, duly admitted to practice by the Supreme Court of this State, and shall have been actually engaged in the practice of his profession for at least five years previous to his election. It shall be his duty to attend to all suits ind other matters in which the city may be legally interested; to give his advice or opinion in writing whenever required by the Mayor, Council, Board of Education, Board of Public Works,
♦
CITY OF OAKLAND, CAL. 31
Auditor, City Clerk or Treasurer; and to do and perform all such other things touching his office as may be required of him by the Mayor, ■Council, Board of Education or Board of Public Works. He shall draft and approve all official or other bonds required by this Charter, or by ordinance, resolution, motion or order of the Council, Board of Education, or Board of Public Works, save and except his own bond. His bond shall be drafted and approved by the Mayor.
[Note — This Section together with Sections 7, 63 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature, Jan. 31, 1895. The original Section 46 was as follows: The Mayor shall, by and vith the advice and con¬ sent of the Council, appoint an attorney for the City, who shall be known as the City Attorney. His term of office shall be two years. He shall be an attorney and counselor at law, duly admitted to prac¬ tice by the Supreme Court of this State, and shall have actually been •engaged in the practice of his profession for the period of at least five years before his appointment. It shall be his duty to prosecute, on behalf of the people, all criminal cases growing out of violations of city ordinances and resolutions, and to attend to all suits and other- matters in which the City may be legally interested; to give his advice or opinion in writing whenever required by the Mayor, Council, Board •of Education, or Board of Public works, and to do and perform all such other things touching his office as by the Council or Mayor may be required of him. The City Attorney shall draft and approve all official or other bonds required by this Charter, or by ordinance, resolu¬ tion, motion or order of the Council, except his own bond. His bond shall be drafted and approved by the Mayor.]
[Note — Fees for extra services not allowed: See Buck vs. City of Eureka, 109 Cal. 504.]
COURTS.
Sec. 47. The judicial power of the City shall be vested in a Police -Court and in such Justices’ Courts as are or may be provided for by law.
[Police Courts]
[Note — The establishment, jurisdiction and regulation of the Police Court was attempted to be prescribed by Sections 48 to 57, inclusive, of the Charter, as adopted; but the Supreme Court of the State subse¬ quently decided (ex parte Ah You, 82 Cal. 339) that, such Court had “no legal existence,” but that the general law known as the “Whitney Act,” so called, which provided for a Police Court in cities of certain population, was in effect in this City. (See also the cases of ex-parte Henshaw, 76 Cal. 446, and The People vs. Frank Toal, 85 Cal. 333.) The sections of the Charter referred to, which are inoperative, are therefore omitted and the Whitney Act inserted.
An Act to provide for police Courts in cities having thirty thous¬ and and under one hundred thousand inhabitants, and to provide for
32
CHARTER OF THE
officers thereof. See Stats. 1885, p. 213; Stats. 1891, p. 292; Stats.. 1893, p. 41; Stat. 1895, p. 113; see also ex parte Giambonini, 117 Cal.. 573; ex parte Sparks, 52 Pac. Rep. 715, and People vs. Sands, 102 Cal. 12.]
Sec. 58. The Police and Fire Commissioners shall designate a policeman who shall always attend on the Police Court and act as bailiff thereof.
[Justices’ Court.]
[Note — For the general law establishing the City Justices’ Courts, see Sec. 103, Code of Civil Procedure, held constitutional in 58 Cal- 572, 576. The City Justices are elected at the general election in No¬ vember of even numbered years. See 58 Cal. 558, 572. As to jurisdic¬ tion, salary, reports and payment of fees into Treasury, see Secs. 103, 112-115, C. C. P. As to salary warrants, see Stats. 1883, p 63.]
Sec. 59. Two City Justices of the Peace shall be elected, whose terms of office shall be two years. Their Courts shall always be open, legal holidays excepted.
Sec. 60. The Justices’ Courts and the Justices thereof shall have the powers and jurisdiction which are now or may be prescribed and conferred by law upon the City Justices of the Peace and City Jus¬ tices’ Courts, provided, however, that within the corporate limits of the city the City Justices of the Peace and City Justices’ Courts shall have exclusive jurisdiction and power over all matters, actions and things which are now or may be conferred by law upon Justices of the Peace; and provided, further, that they shall not have the power to try or decide any public offense whereof the Police Court of said city has jurisdiction.
Sec. 61. Each Justice of the Peace shall pay to the Treasurer of said city, on the first Monday of each month, all fines by him collected, and all fees which are by law chargeable for services rendered by him. accompanied by a verified written report, showing the amount thereof, from whom and in what case such fines and fees were collected and paid. A copy of this report shall, at the same time, be filed with the Auditor. All such fines and fees shall go to the credit of the General Fund.
Sec. 62. The Justices’ Courts herein provided for are intended to be the Justices’ Courts provided for by general law, and nothing herein contained shall be construed to authorize the election of more- than two Justices of the Peace for the city.
V.
CITY OF OAKLAND, CAL. 33,
ARTICLE VI.
Department of Public Works.
CHAPTER I.
Sec. 63. There shall be a Department of Public Works, under the management of three Commissioners, who shall constitute the Board of Public Works. The Commissioners shall consist of the Mayor, City Attorney and City Engineer. The Mayor shall receive no com¬ pensation for services rendered as such Commissioner. The City Attorney and City Engineer shall receive, in addition to their res¬ pective salaries, a yearly salary of six hundred dollars each as com¬ pensation for their services as members of the Board of Public Works.
[Note — This section, together with Sections 7, 46 and 72, was amended at an election held January 26, 1895, and such amendment was approved by the Legislature January 31, 1895. The original Section 63 was as follows: There shall be a department of Public Works, under the management of three Commissioners, who shall constitute the Board of Public Works. The Commissioners shall be appointed by the Mayor from among the qualified electors of the city. Their terms of office shall be four years, and not more than two shall belong to the same political party. The Commissioners first appointed shall at their first meeting so classify themselves by lot that one of them shall go out of office in two years, one in three years, and one in four years.]
Sec. 64. Immediately upon their appointment and qualification, the Commissioners shall organize as a Board and elect one of their number President, who shall hold his office for the term of one year; and they shall elect a secretary, who shall not be a member of the Board. The Board shall establish rules and regulations governing its proceedings, and for the regulation and conduct of its officers, clerks and employes; and may require bonds from any of its subordinates for the faithful performance of their duties.
Sec. 65. The Board shall hold a regular meeting once in each week, and special meetings at such other times as it may appoint, or of which the President may give notice. The regular meetings shall be held on a day and at an hour fixed by resolution entered upon its records, and which shall not be changed except by similar resolution, of which notice shall be posted for two weeks. The meetings of the Board shall be public. Two members shall constitute a quorum, and the affirmative votes of two members shall be necessary to pass any order or resolution. No business shall be transacted at a special or adjourned meeting of the Board, except such as may have been made the special order of business for such meeting, or such, as may have
34
CHARTER OF THE
been under consideration at the meeting from which the adjournment was had, or such as may have been specified in the notice of the meeting.
Sec. 66. The Board shall cause to have kept a record of its pro¬ ceedings; and shall keep all maps, plans, specifications, estimates, con¬ tracts, certificates, receipts, surveys, field notes, and profiles belonging to the city and all papers pertaining to the transactions of the Board. It may, when it shall deem it expedient, and shall, when requested by the Council or the Board of Education or the Mayor, furnish such data or information as may be requested.
Sec. 67. The Secretary of the Board shall keep a record of its transactions, specifying therein the names of the Commissioners pres¬ ent at the meetings, and giving the ayes and noes upon all votes. Every order or resolution shall be recorded at length, and the record shall be approved by the Board. The Secretary shall cause the publi¬ cation of all notices herein authorized to be published, or which the Board shall order to be published, and shall perform such other duties as the Board may from time to time prescribe.
Sec. 68. The Board may appoint such employees as are herein provided for, or as may be authorized by the Council.
The salaries of all officers clerks and employes of the Board, except so far as the same are designated in this Charter, shall be fixed from time to time by the Council in its discretion, on recommenda¬ tions by the Board.
Sec. 69. The Board shall, immediately after its organization, take possession and have the custody and control of all maps, surveys, field notes, records, plans, specifications, contracts, models, machinery, tools, appliances, contract rights, privileges, books, documents, papers, archives, and property belonging to said city, heretofore kept by or in the offices of the City Engineer, the City Marshal and the Wharfinger.
Sec. 70. The Board shall have charge and superintendence of all public work of every kind, not otherwise controlled by general laws, to be done for the city or for the Board of Education or any other department, and also of the furnishing of all material and supplies for public use, or for the use of the Board of Education or for any other department, except as otherwise provided in this Charter. It shall be the duty of the Board vigilantly to inspect all parts of the city and to recommend from time to time to the Council such work as it shall deem necessary or proper.
Sec. 71. The Board shall have special charge, superintendence and control, subject to such ordinances as the Council may from time to time adopt, of the harbor and water front, and of all streets, sidewalks, highways, roads, bridges, wharves, parks, and public places belonging to the city, or dedicated to public use, and of the improvement and repair thereof; of all sewers, drains and cesspools, and the work per¬ taining thereto, or to the drainage of the city; of the cleaning of streets and of all repairs upon accepted streets; of the construction and repair
CITY OF OAKLAND, CAL.
35
of all public building's, and the making of all public improvements for the city, or under its authority, and of the repairs of such improve¬ ments; of all lamps and lights for the lighting of streets, parks, public places and public buildings of the city, and of the erection of all posts for such lamps and lights, and of all public works and improvements hereafter to be done by the city.
The Board shall have exclusive authority to prescribe rules and grant permits in conformity with the ordinances of the city for the moving of buildings through the streets thereof, and the building or placing of cellars or vaults under the streets or sidewalks and the con¬ struction of entrances thereto; the construction of steps or other ap¬ proaches to buildings upon the sidewalks, and of railings and fences inclosing areas upon the sidewalks; the putting up of signs and awnings; the location of steam boilers; the laying down and construction of railroad tracks in the streets; the erection of telegraph and telephone poles, and poles for electric lighting or other electrical purposes, and the laying of telegraph or telephone wires, and wires for electric light¬ ing or other electrical purposes; the construction of drains and sewers; the laying down and taking up of gas, steam and water pipes, pneu¬ matic or other tubes or pipes and sewers and drains, and determining the location thereof; the use of the street or any portion thereof for the deposit of building material in front of a building during its construc¬ tion or repair, or for any purpose other than such as ordinarily and properly belongs to the public from the dedication thereof to public use.
The Board shall have full power to regulate and control, subject to the ordinances of the city, the anchorage of vessels in San An¬ tonio creek or elsewhere within the limits of the city; the manner of using the streets, sidewalks, wharves, harbor, parks and public places, and to prevent and remove obstructions therefrom, and to cause the prompt repair of the streets, sidewalks and public places when the same may be taken up or altered. The Board is authorized to collect, by suit or otherwise, in the name of the city, the expense of such repairs from the person or persons by whom such street or sidewralk was injured or torn up. The Board shall regulate, subject to the require¬ ments of the Board of Health and the ordinances of the Council, the construction of sinks, gutters, wTells, cesspools and privy vaults, and compel the cleaning or emptying of the same, and regulate the time and manner in which the work shall be done.
Sec. 72. The City Engineer shall perform all civil engineering and surveying required in the prosecution of the public works and improvements done under the direction of the Board of Public Works, and shall certify to the progress and completion of the same, and do such other work pertaining to his profession as he may be directed to do by the Board of Public Works or the City Council or by any gen¬ eral law of the State of California. He shall possess the same power in the city in making surveys, plats and certificates as is or may be
3*
CHARTER OF THE
from time to time given by law to the County Surveyor, and his official acts, and all plats, surveys and certificates made by him, shall have the same validity and be of the same force and effect as are and may be given by law to those of the County Surveyor. With the con¬ sent and approval of the Board of Public Works, the City Engineer may appoint such deputies as the duties of his office may require, the number of such deputies, however, not to exceed the number that may be fixed from time to time by the Council.
[Note — This section, together ' with Sections 7, 46 and 63, was
amended at an election held January 26, 1895, and such amendment was approved by the Legislature January 31, 1895. The original Sec¬ tion 72 was as follows:
The Board shall appoint a civil engineer, who shall have had at least ten years’ practical experience as such, who shall be designated City Engineer. He shall perform all civil engineering and surveying required in the prosecution of the public works and improvements done under the direction of the Board, and shall certify to the progress and completion of the same, and do such other work pertaining to •his profession as he may be directed to do by the Board or by the Council or by the general law of the State of California. He shall possess the same power in the city in making surveys, plats and certifi¬ cates as is or may be from time to time given by law to the County Surveyor; and his official acts, and all plats, surveys and certificates made by him shall have the same validity and be of the same force and effect as are or may be given by law to those of County Sur¬ veyor. With the consent and approval of the Board, the City Engineer may appoint such deputies, not exceeding the number that may be fixed by the Council, as the duties of his office may require.]
Sec. 73. The Board shall appoint a Superintendent of Streets, whose duty shall be to see that the laws, ordinances, orders and regu¬ lations relating to the public streets and highways be fully carried into execution, and that the penalties thereof are rigidly enforced. He shall superintend and direct the cleaning of all sewers, and keep him¬ self informed of the condition of all the public streets and highways, and also of all public buildings, parks, lots and grounds of the city, and report the same to the Board, and shall perform such other ^duties as are hereinafter specified, or as the Board may require of him, and he shall have the power and shall perform the duties required of the Superintendent of Streets by the Act of the Legislature of the State of California entitled “An Act to Provide for Work Upon Streets, Lanes, Alleys, Courts, Places and Sidewalks, and for the Construction of Sewers Within Municipalities,” approved March 18, 1885, or by any Acts amendatory thereof, supplementary thereto, or substituted therefor. He shall keep a public office in some convenient place within the city, and shall keep therein the records of his office and a register of all streets accepted by the city, with an index for easy ^reference. He shall, before entering upon the duties of his office, give
CITY OP OAKLAND, CAL.
37
bonds to the city, with such sureties and for such sum as may be required by the Council; and should he fail to see the laws, ordinances and regulations relating to the public streets and highways carried into execution after notice from any citizen of a violation thereof, he and his sureties shall be liable upon his official bond to any person injured in person or property in consequence of said official neglect.
Sec. 74. The Board may, whenever it shall deem it advisable, ap¬ point an architect, who, under the direction and control of the Board, shall prepare plans and specifications of the work to be done, make necessary drawings and estimates of cost for the same, judge of and
determine the quality and durability of the materials that may be furn¬ ished for the construction or repair of any public building, and approve
of or reject the same, and take special care that all work be done in a good, substantial and workmanlike manner, and in accordance with the drawings, plans and specifications.
Sec. 75. The Board may, also, whenever it shall deem the same advisable, appoint a Superintendent of Public Works, who shall be a master builder, and who shall, when any public building is in the ■course of construction or of repair, or when any materials to be used in its construction or in its repair are being furnished, be in attend¬ ance at said building and see that the work is done in a good, sub¬ stantial and workmanlike manner, and that the materials used or fur¬ nished are of the description, quality and quantity called for by the •specification and contract. All work upon public buildings under the control of said Board shall be done under the immediate supervision of said Superintendent, and all materials used in the construction or repair thereof shall be furnished under his immediate supervision.
Sec. 76. All officers, employes and agents appointed by the Board shall hold office during the pleasure of the Board.
[Note — Compare Sec. 206 post.]
Sec. 77. The Board of Public Works shall, within the time speci¬ fied in the requisition made upon it by the Council or by the Board of Education or other department of the city thereunto authorized, procure and cause to be done such construction, improvement, addition or repairs and printing and other work of any kind as may be required ■of it.
Sec. 78. All public work authorized by the Council to be done under the supervision of the Board and not within the provisions of the general law of the State of California operating thereon and all work for which the Board of Education shall make requisition upon the Board of Public Works, shall be done under written contract, except in case of urgent necessity as hereinafter provided. Before awarding any contract for doing work authorized by this chapter, the Board shall cause notice inviting sealed proposals for the contemplated work to be posted conspicuously in its office and published for not less than five days; and in case that the estimated cost of the work exceed
CHARTER OF THE
;8
$5000, to be so posted and published for not less than twenty daysr except that when any repair or improvement not exceeding an esti¬ mated cost of two hundred dollars, shall be deemed of urgent neces¬ sity by the Board, such repair or improvement may be made by the Board under written contract or otherwise, without advertising for sealed proposals.
Sec. 79. 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 mater¬ ials to be furnished, the time within which the work is to be com¬ menced, and when to be completed, and the amount of bonds 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 de¬ tails and description of said work and materials.
Sec. 80. All proposals shall be made upon printed forms, to be prepared by the Board and furnished gratuitously upon application,, with a form for the affidavit hereinafter provided for, printed thereon. Each bid shall have thereof the affidavit of the bidder that his bid is genuine, and not sham or collusive or made in the interest or on behalf of any person not therein named, and that the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid, or any other person or corporation to refrain from bid¬ ding, and that the bidder has not in any manner sought by collusion to secure to himself an advantage over other bidders. Any bid made without such a ffidavit or in violation thereof shall be absolutely void, and also any contract let thereunder. If at any time discovery shall be made that a contract has been let to a bidder who has violated or evaded this oath, the contract shall be cancelled and no recovery shall be had thereon, and the Board shall at once proceed as before to award a new contract. All bids shall be clearly and distinctly written, with¬ out any erasure or interlineation, and if any bid shall have an erasure or interlineation, it shall not be received or considered by the Board.
All proposals offered shall be accompanied by a check, certified by a responsible bank, payable to the order of the Clerk of the Council,, for an amount not less than ten per cent of all the aggregate of the pro¬ posal; and no proposal shall be considered unless accompanied by such check.
No person, corporation or firm shall be allowed to make, file or be interested in more than one bid for the same work. If on the opening of said bids more than one bid appear in which the same person, corpor¬ ation or firm is interested, all such bids shall be rejected.
Sec. 81. On the day and at the hour specified in said notice invit¬ ing sealed proposals, the Board shall assemble and remain in session for at least one hour thereafter, and all bids shall be delivered to the
CITY OF OAKLAND, CAL.
39
Board by the bidder or his agent while it is so in session and within the hour named in the advertisement. No bid not so delivered to the Board shall be considered. Each bid, as it shall be received, shall be numbered and marked “Filed” by the President and authenticated by his signature. At the expiration of the hour stated in the advertise¬ ment 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 Sec¬ retary. Before adjourning, the Board shall compare the bids with the record made by the Secretary, and shall, thereupon, at said time, or at some 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 Secretary of the Board in some conspicuous place in the office of the Board. .
The Board maj^ reject any and all bids, and must reject the bid of any party who has been delinquent or unfaithful in any former con¬ tract With the city, and all bids other than the lowest regular bid; and on accepting said lowest bid, shall thereupon 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.
[Note — It is not necessary for the Board in making a record of its action in rejecting a bid to state the reasons for such rejection. Rice vs. Board, 107 Cal. page 398.]
The check accompanying the accepted bid shall be held by the Secretary of the Board until the contract for doing said work, as here¬ inafter provided, has been entered into, whereupon said certified 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 accompanying his bid, and the amount therein mentioned, shall be forfeited to the city and shall be collected and paid into the Street Department Fund. Neither the Board of Public Works nor the Council nor the Board of Education shall have power to relieve from or remit such forfeiture.
[Note — Where a party is awarded a contract under a bid made by said party, and it appears that by reason of the mistake of the bidder, the bid was so low as to render the enforcement of such contract by tfyp city unconscionable, a suit in equity on behalf of the bidder will lie to relieve him from said bid and to enjoin the city from enforcing it. Moffett vs. City of Rochester et al., 82 Fed. Rep. 255.]
Sec. 82. 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, col¬ luded 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 no recovery shall be had thereon, and the Board shall advertise for a new contract for said work.
40
CHARTER OF THE
Sec. 83. 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 materials to be used. No change or modifications in the plans or specifications shall be made after proposals for doing the work have been called for.
Every contract entered into by the Board shall be signed by at least two of the members therof, and by the other contracting party. All contracts shall be signed in triplicate, one of which, with the speci¬ fications and drawings, if any, of the work to be done, and the mater¬ ials to be furnished, shall be filed with the Board of Education, where the work is done upon requisition of that Board, and in other cases with the City Clerk; one thereof, with said specifications and drawings, shall be kept in the office of the Board, and the other, with said speci¬ fications and drawings, shall be delivered to the contractor.
At the same time with the execution of the contract, said con¬ tractor shall execute to said city, 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 failtful performance of said contract. No surety on any bond shall be taken unless he be a resident and house¬ holder or freeholder within the State, and worth the sum specified in the bond, over and above all his just debts and liabilities, exclusive of property exempt from execution; and each surety shall justify and make and sign an affidavit to that effect, of which affidavit a form shall be printed upon the bond. But when the amount specified in the bond exceeds $3000, and there are more than two sureties thereon, they may state in their affidavits that they are severally worth amounts less than that expressed ‘in the bond, if the whole amount be equivalent of two sufficient sureties.
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 Council may extend the time; but in no event shall the time for the performance of said contract be extended by the Council more than ninety days beyond the time ariginally fixed for its com¬ pletion. In the case of failure on the part of the contractor to complete his contract within the time fixed in the contract, or within such exten¬ sion of said time as is herein provided, his contract shall be void, and the Council shall not pay or allow to him any compensation for any work done by him under said contract.
Sec. 84. The Board of Public Works shall, within the time speci¬ fied in the requisitions made upon it by the Council or by the Board of Education or other department of the city thereunto authorized, procure and furnish such material and supplies as may be required of it. The Board of Public Works shall invite sealed proposals for furnishing the material and supplies so required by notices to be
CITY OF OAKLAND, CAL.
4r
posted conspicuously in its office and published for five days, and in case the estimated cost exceed $5000, to be posted and published for ten days, and shall award contracts therefor to the lowest bidder upon his giving security satisfactory to the Board.
Sec. 85. The notices inviting proposals for work to be done and materials and supplies to be furnished as provided for in this chapter shall specify for what department the requisition is made and shall require the work done and the materials and supplies furnished to be subject to the approval of such department; and all contracts must contain a provision to that effect, and also to the effect that the work done and material and supplies furnished must be in accordance with the specifications and to the satisfaction of the Board of Public Works. When said work shall have been completed or material and supplies furnished to the satisfaction of the Board of Public Works, it shall so declare by resolution and shall deliver to the contractor a certificate to that effect.
Sec. 86. The Commissioners shall not, nor shall either of them, or any person employed in said Department, be interested, directly or indirectly, in any contract for work, labor or material entered into by the Board; nor shall either of such Commissioners, efficers or employes be allowed to receive any gratuity or advantage from and contractor, laborer or person furnishing labor or material for the same. Any contract made in violation of any of the provisions of this section shall be void; and the receipt of any such gratuity shall be cause for the im¬ mediate removal from office, or from employment, of the person so re¬ ceiving it, and he shall be forever disqualified from holding any position in the service of the city.
[Note— As to summary proceedings for removal of officers, see Secs.
758 to 772, Penal Code.]
*
CHAPTER II. OPENING OF STREETS.
[Note— In the case of Byrne vs. Srain, 127 Cal. page 663, it was held that the opening and widening of streets are “municipal affairs,” within the meaning of the Constitution, and that provisions of a city Charter on the subject of Street Opening were relieved from the control of the general street opening act by the amendment of 1896 to Section 6 of Article XI. of the Constitution.]
Sec. 87. The Council is empowered to open, straighten, extend and widen streets, and to modify the boundaries and change the grades thereof and to determine the property benefited thereby, and to assess the expenses of such improvement upon the property benefited.
Sec. 88. All proceedings under this Charter shall be commenced by petition, signed by five or more residents and freeholders within the <uty, addressed to the Council and filed with the City Clerk.
Sec. 89. The petition shall contain:
42
CHARTER OF THE
First — The names of the petitioners, and a statement that each of the peitioners is a resident and freeholder within the city.
Second — A statement that in the opinion of the petitioners the public interest requires that the improvement (describing it generally) should be made.
Third — A request that the Council proceed to order the improvement made.
Sec. 90. Upon the filing of such petition the Council shall refer the same to the Board of Public Works, which shall determine whether in its judgment the said improvement or some modification thereof would be of public benefit, and shall report its decision to the Council. If the Council determine that the improvement described in the petition or some modification thereof be of public benefit, it shall by resolution so instruct the Board of Public Works, giving in its resolution a general description of any modification it may deem expedient. The Board of Public Works shall then proceed to determine and define the lands to be taken, and the lands, if any, to be damaged by the proposed im¬ provement, and the lands to be benefited and assessed for the expenses thereof. It shall by resolution define the lands necessary to be taken, and the lands, if any, to be damaged, and shall specify the exterior boundaries of the district to be benefited and assessed therefor. The Board shall thereupon publish for twenty days, notice of the passage of its resolution, and requiring all persons interested in the lands to be taken or damaged, or in the district to be benefited to present to the Board within the said twenty days accurate descriptions of the lots or parcels of land owned by them respectively, and to specify objections, if any they have, against the proposed improvement. Within ten days after said publication, or such further time as the Council may by reso¬ lution allow, the Board of Public Works shall, with the assistance of the City Engineer, cause to be prepared and presented to the Council a re¬ port of its action, embracing an accurate description of each lot, piece or parcel of land necessary to be taken or damaged, with the names of the persons to whom the several lots, pieces or parcels of land are re¬ spectively assessed upon the assessment roll of said city, and also a description of the exterior boundaries of the district to be benefited, and make a map clearly exhibiting the same as described. The City Engi¬ neer shall have the right, if necessary, to enter upon any of the said lands for the purpose of examination or survey.
Upon receiving the said report from the Board of Public Works, the Council shall by resolution adopt or modify the proposed improvement and the district to be benefited thereby, or wholly reject the same. In case of modifying the same, the matter shall be referred back to the Boa I'd of Public Works until the proposed improvement, and the dis¬ trict to be benefited thereby, shall conform to the views of the Council; an'| t!le ( ouncd shall then pass a resolution declaring its intention to make the improvement and assessment for benefits. The resolution shall embody the descriptions as finally reported by the Board of Public
1
CITY OP OAKLAND, CAL.
43
Works, and the names of the owners of the several parcels of land, as reported by the Board. The resolution shall also specify a time within which objections to the proposed improvement may be made to the Council by owners of the land to be taken or damaged, or of the lands to be assessed for benefits, and a day for the hearing of such objections. The said resolution must be published for fifteen days, Sundays and non¬ judicial days excepted, during which time the owners must file their ob¬ jections. On the day set for the hearing, or upon any day to which the same may be adjourned, the Council shall hear and pass upon the ob¬ jections and may dismiss the proceedings, or by ordinance resolve to proceed and order the improvements to be made. The ordinance by which the Council resolve to proceed with the improvement may refer to the resolution declaring its intention to make the improvement by its number without embodying the description, and shall order the improve¬ ment to be made by the Board of Public Works.
The Council shall forthwith transmit to the Board of Public Works a copy of the said ordinance and of the resolution to make the improve¬ ment.
Sec. 91. Upon receiving the said copy of ordinance and resolution, the Board of Public Works shall, with the aid of the City Attorney, as¬ certain as accurately as possible the names of the owners to be made parties, and shall cause proceedings to be taken in the name of the city • to condemn as provided by law, under the right of eminent domain, the lands or any interest therein to be taken or damaged for the said im¬ provement.
The complaint may aver that it is necessary for the city to take or damage and condemn the said land, or an easement therein, as the case / may be, without setting- forth the proceedings hereinbefore provided for; and the resolution and ordinance adopting and ordering the work to be done, shall be conclusive evidence of such necessity.
As soon as the amounts to be paid for the lands to be taken and the lands to be damaged shall, by the said proceedings, be finally ascer¬ tained and determined, the Board of Public Works and the Council shall proceed as hereinafter provided, to apportion and collect the same by assessment upon the district to be benefited by the improvement.
Sec. 92. The Board of Public Works shall ascertain and determine, as nearly as may be, the entire costs of the improvement, including value of the land, cost of condemnation, and expenses of all kinds attending the proceedings, and shall apportion and assess the whole amount of such value, costs and expenses, upon the property within the district declared by the resolution of the Council to be benefitted by the improvement, and shall assess each lot or parcel of land within the said district with its proportionate share of said amount, according to the benefits derived by it, in the judgment of the Board, from the said improvement.
Sec. 93. Within thirty days after the final determination of the amount to be paid as aforesaid, or such further time as may be allowed
44
CHARTER OF THE
by resolution of the Council, the Board shall make and hold, subject to inspection in their office, a report of assessments, exhibiting the sum of money to be paid to the owner or owners of each parcel of land to be taken or damaged, stating the names of the owners, as far as they can be ascertained, and describing accurately the several parcels of lands within the district to be benefitted, and the names of the owners thereof, as far as can be ascertained, and where the owners are unknown, stat¬ ing the fact; the sum of money which is assessed upon each particular parcel, and which should be paid by the owner thereof.
Sec. 94. Upon the completion of the said report, the Board shall fix a day for hearing the objections thereto, and shall give notice of such hearing by posting and publication for not less than fifteen days.
Sec. 95. Upon the day fixed for the hearing, or upon any day or days to which the hearing shall be regularly adjourned by entry in its minutes, the Board shall hear any party interested upon any question touching the justice or equality of the assessment, or the regularity of its proceedings, and may confirm, or revise and modify the said assess¬ ment until it shall be adjudged to be fair and equal; and it shall then
*
adopt such a report of assessments as it adjudges to be fair and equal, and transmit the same to the Council.
Sec. 96. The Council shall by ordinance confirm the report of the Board of 'Public Works, and order the completion of the improvement in accordance therewith; or it may by resolution refer the same back to the Board of Public Works, with instructions to modify the assessment ?, until it shall by ordinance finally adopt and establish such assessment as it shall adjudge to be fair and equal, and order the completion of the improvement in accordance therewith.
Sec. 97. This ordinance shall accurately describe the several parcels of land assessed, giving the names of the respective owners, as far as the same have been ascertained, and where the owners are unknown, stating the fact; and the sum of money which is assessed upon each particular parcel, and which should be paid by the owners thereof; but it may refer to the report of the Board of Public Works for description of the lands to be taken or damaged by the improvement.
The ordinance shall direct the sale of each parcel of land so assessed, or of so much thereof as may be necessary to pay the amount of its assessment and expenses of sale, and the application of the proceeds of such assessment and sale to the payment of the expenses of sale, and the amount awarded to the owners of the lands to be taken or damaged by the said improvement.
Sec. 98. A copy of the ordinance shall be forthwith transmitted to the Board of Public Works for collection of the assessments. The said Board shall cause the ordinance to be published for thirty days, during which time the several owners may make payment to the Board of Public Works of the several amounts assessed against their lands, and the Board of Public Works shall by notices invite such payment.
CITY OF OAKLAND, CAL
45
Sec. 99. After the expiration of said thirty days, the Board of Pub¬ lic Works shall prepare a delinquent list, exhibiting-, by accurate de¬ scription, the several parcels of land so assessed, upon which the assessments have not been paid, and the names of the owners of the said parcels, as far as ascertained (and where the owners are unknown, stating- the fact), and the amounts for which they are respectively assessed; and shall forthwith transmit the said delinquent lists, certified by the Secretary of the Board, to the Tax Collector, who shall proceed to collect the amounts appearing- due thereon by sale, as in case of the col¬ lection of delinquent taxes, and pay over immediately to the Board of Public Works the amounts so collected. The deed of the Tax Collector made after such sale, in case of failure to redeem, shall be prima facie evidence of the regularity of all proceedings thereunder, 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 correctness of the compensation awarded therefor.
Sec. 100. The moneys coming in to the Board of Public Works from the said assessment shall be applied by the said Board to the pay¬ ment of the several amounts determined to be due as compensation for the lands taken or damaged, by payment into court on behalf of the owners. Upon sucn payment being made, the title to the lands, or the interest therein or the easement therein condemned, shall vest in the City of Oakland for the uses and purposes specified in the said improve¬ ment, and the Board of Public Works shall take possession of the same, and cause the said improvement to be carried out and completed.
CHAPTER III— IMPROVEMENT OF STREETS.
[Note — The general law governing street improvements within municipal corporations is found in the Yrooman Act, as amended. See Stats., 1885, p. 147; Stats. 1887, p. 148; Stats, 1889, p. 157; Stats, 1891, pp. 116, 196, and Stats. 1893, pp. 89, 172. The provisions of this chapter are not inconsistent with that act.’]
Sec. 101. All streets, lanes, alleys, places and courts in said city now open or dedicated, or which may hereafter be opened or dedi¬ cated to public use and of which the grade and width have been legally established, are and shall be open public streets for the purposes of this article. The Council shall, as soon as practicable, cause an official map of the city, upon which shall be exhibited all streets, lanes, alleys, places, courts, parks and squares dedicated to public use; and upon the approval of said map by the Council, all streets, lanes, alleys, places, courts, parks and squares appearing thereon shall be prima facie deemed and held to be open public streets, lanes, alleys, places, courts, parks and squares.
Sec. 102. Upon such open public streets in said city all “improve¬ ment,” as defined in the Act of the Legislature of the State of Cali¬ fornia, entitled “An Act to Provide for Work Upon Streets, Lanes,
4b CHARTER OF THE
Alleys, Courts, Places and Sidewalks, and for the construction of Sewers within Municipalities,” approved March 18, 1885, shall be done by authority of the Council, and the expenses thereof paid under and in accordance with the provisions of the said Act and of any Acts which may be passed in amendment thereof or supplemental thereto or in substitution therefor. And the Council is invested with jurisdic¬ tion to change the grades of said streets, lanes, alleys, places and courts, and fix the width thereof.
Sec. 103. Whenever application shall be made to the Council for any improvement to be done under the provisions of this chapter, unless such application be made by the owners of more than one-half in frontage in lots and lands fronting on the street, lane, alley, place or court upon which the improvement is to be done, or their agents, the Council shall refer the matter to the Board of Public Works for information. The Board shall as soon as practicable thereafter, de¬ termine whether in its judgment the public interest or convenience re¬ quires the said improvement to be made, and shall immediately report its determination to the Council, which shall thereupon take such action as it may deem proper in the premises.
Sec. 104. The Superintendent of Streets shall at all times keep the members of the Board of Public Works advised of the commence¬ ment and progress of any street improvement which is being done under his superintendence. They shall continuously examine and inspect the same, its materials and construction, and the Board of Pub¬ lic Works shall make any recommendation in reference thereto which it may deem advisable; and before finally accepting the same, the Superin¬ tendent shall advise the Board of its completion in due season to permit of such of recommendation and of his action thereon.
CHAPTER IV— SEWERS AND DRAINAGE.
[Note — For Act authorizing incurring indebtedness for construction of sewers and other public improvements see Stat. 1889, p. 399, as amended by Stat. 1891, pp. 84, 94, 132; Stat. 1893, p. 61; Rice vs. Board of Trustees, etc., 107 Cal. 398.]
Sec. 105. The Board of Public Works shall devise a general sys¬ tem of sewering and drainage, which shall embrace all matters relative to the thorough, systematic and effectual drainage and sewerage of the city, and shall submit the same to the Council, and shall from time to time make to the Council such recommendations upon the subject of sewerage and drainage as it may deem proper.
Sec. 106. The Board shall prescribe and recommend to the Coun¬ cil for adoption the location, form and material to be used in construc¬ tion, reconstruction and repairing of all public sewers, manholes, sinks, drains, cesspools and other appurtenances belonging to the drainage and sewerage system, and of every private drain or sewer emptying into a public sewer, and determine the place and manner of the connection.
(
CITY OF OAKLAND, CAL.
47
Sec. 107, The Board shall recommend to the Council rules and regulations concerning the public and private sewers and drains in this city, and upon recommendation of said Board the Council is authorized to pass an ordinance establishing the same and prescribing the penalties for any violation thereof.
Sec. 108. No person shall connect with or open or penetrate any public sewer or drain without first obtaining a permit in writing from the Board of Public Health, and complying with the rules and regu¬ lations of said Board in reference thereto.
Sec. 109. The Board of Public Works may also recommend to the Council the construction of canals, sewers, tunnels, ditches, drains, embankments, reservoirs, pumping- works, machinery and other works necessary for the proper and effectual drainage of the city, together with plans for connecting the same with sewers and private drains already constructed or thereafter to be constructed.
Sec. 110. The Council may, upon the recommendation of said Board, by ordinance authorize the purchase of any personal property, 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 Charter.
Sec. 111. When, upon the recommendation of the Board of Public Works, the Council shall determine upon any improvement for the purpose of sewerage and drainage, which necessitates the acquisition or condemnation of private, property, the said Board or Council is unable to agree with the owner thereof upon the amount of compen¬ sation or damages to be paid therefor, or when such owner is in any way incapable of making any agreement in reference thereto, and in all cases in which said Board shall deem it most expedient, it shall, wiien authorized by the Council by ordinance, have the right to cause said property to be condemned, and to institute proceedings for the condemnation of such property, and for the ascertainment of damages in the manner, so far as the same is applicable, which is provided in this article for the condemnation of real estate when necessary for the opening of any street.
[Note — For general law as to condemnation proceedings, see Secs. 1237 to 1263, Cide of Civil Procedure.]
[Note — Condemnation for public uses generally see Sec. 194 post.]
48
CHARTER OF THE
ARTICLE VII. Educational Department.
[Note— Relations of charter provisions to school system under Pol. Code, Kennedy vs Miller, 97 Cal. 429.]
Sec. 112. The government of the School Department of the city shall be vested in a Board of Education, to consist of eleven members, to be called School Directors, and who shall receive no compensation. One School Director shall be elected from each ward and four from the city at large. Their terms of office shall be two years. No person shall be eligible to the office of School Director unless he is at the time of his election the head of a family; and no two of those elected at large shall be residents of the same ward at the time of their election.
[Note — By the provisions of Section 1670 of the Political Code, Stats. 1897, p. 79, the Board of Education also constitutes the High School Board, which has control of the High School. See also Section 114, Sub. 22, of this Charter post; also Section 128 and notes thereto.]
Sec. 113. The Board of Education shall, immediately after their election and qualification, meet and organize by electing one of their number President, whose term of office shall be one year. The Board shall hold regular meetings at least once in each month, and at such times as shall be determined by its rule^. Special meetings may be called at any time by the President or any three of the members. A majority of all the members shall constitute a quorum for the trans¬ action of business, and the affirmative vote of six members shall be necessary to pass any measure, but a smaller number may adjourn from time to time. The Board may determine the rules of its pro¬ ceedings, and the ayes and noes shall be taken when demanded by any member and entered on the records of the Board. Its records shall be open to public inspection. The Board shall fill all vacancies occur¬ ring in the Board until the next regular municipal election.
Sec. 114. The powers and duties of the Board of Education are as follows:
[Note — For the general law as to powers of Boards of Education, see Sec. 1617, Political Code, whose provisions are in force in this city and supersede all conflicting provisions of this section. See Sec. 1616, Pol. Code; also 82 Cal. 492; power to establish kindergarten system, Sinnott vs, Colombet, 107 Cal. 187.]
1. To establish and maintain public schools, to change, consolidate and discontinue the same, to manage and control the school property, to establish school districts and to fix and alter the boundaries thereof.
2. To employ, pay and dismiss teachers, janitors and School Census Marshals, and such persons as may be necessary to carry into effect
CITY OF OAKLAND, CAL.
49
the powers and duties of the Board, and to fix, alter, allow and order paid their salaries or compensation, and to withhold, for good and suffi¬ cient cause, the whole or any part of the salary or wages of any person or persons employed as aforesaid; provided, that no teacher shall be dismissed until after investigation and without good cause established to the satisfaction of the Board.
[Note — For the general law as to dismissal of teachers, see Sec. 1793, Political Code. In construing this section, together with Sec. 1617, Pol. Code, cited ante, the Supreme Court, in the Kate Kennedy case, 82 Cal. 483, held that “a teacher elected without limitation as to time of employment, is entitled to hold the position while competent and faith¬ ful, and can only be dismissed for violation of the rules of the Board of Education, or for incompetency, unprofessional or immoral conduct.” The statute also guarantees a teacher against removal to a lower grade without consent. See 82 Cal. 492.
In the case of Marion vs. Board of Education, 97 Cal. 606, it was held that when the Board “went into executive session for the election of teachers for the ensuing year,” a teacher thereupon declared elected is chosen only for the ensuing year, and may be dismissed at any time after its expiration.
In the case of Marion vs. Board of Education (case No. 6648), the Superior Court of Alameda County decided that a teacher wrongfully removed cannot compel reinstatement unless her city certificate is still in force.
In the case of Malloy vs. Board of Education, 102 Cal. 642, the Supreme Court held that the mere balloting for a certain teacher by the requisite number of the Board of Education does not constitute an employment of her, and if the Board then refuse to declare her elected, she cannot maintain mandamus to enforce her employment.
In the case of Itsell vs. Board of Education, the Superior Court of the City and County of San Francisco (Wallace, Judge), in granting a writ of mandamus on March 8, 1895, restoring petitioner to his former position, decided substantially as follows: The dismissal of a teacher or removal to a lower grade during her term of employment can only be made upon proper complaint and after procedure in strict conformity to the general law and the rules of the Board, and a principal’s report declaring a teacher incompetent does not constitute a proper complaint. The povTer of the Board to investigate charges against a teacher, being delegated to the Board by statute, cannot be again delegated to a com¬ mittee, but the testimony may be taken by a committee and reported by them to the Board for action.
See also Sec. 206 of this Charter, post.]
3. To make, establish and enforce all necessary and proper rules and regulations for the government and progress of public schools and for the investigation of charges against any person in the employ of the department, and for carrying into effect the laws relating to edu¬ cation; also to establish and regulate the grade of schools, and deter-
50
CHARTER OF THE
mine what text books (other than those published by the State), course of study and mode of instruction shall be used in said schools; but any text-book determined upon by the Board shall not be changed within a period of four years after its adoption.
[Note — Rules of the Board of Education cannot control provisions of the general law (Sec. 1617, Pol. Code; 66 Cal. 473) nor valid Charter provisions (102 Cal. f>42.)]
4. To provide for the School Department all necessary supplies, and incur such other incidental expenses as may be necessary for the welfare of the department.
5. To build, rent and provide schoolhouses, and to furnish them with proper school furniture, apparatus and appliances.
6. To purchase, sell or exchange school lots, and to take charge of any and all real estate and personal property that may have been acquired, or may hereafter be acquired, for the use and benefit of the public schools of the city; and to make, in the name of the city, con¬ veyances of property belonging to the city and sold by the Board of Education; provided, that no real estate shall be bought, sold, or ex¬ changed without the consent of the Council, evidenced by ordinance; and provided, further, that the proceeds of any such sale or exchange of real estate shall be exclusively applied to the purchase of other lots, or the erection of schoolhouses for the use of this department.
7. To appoint School Census Marshals on or before the first day of May of Each year, whose duties shall be as prescribed by general law, and to notify the County Superintendent of Schools of such appoint¬ ments.
[Note — For the general law as to Census Marshals, see Secs. 1634 to 1640, Political Code.]
8. To sue in the name of the city for any and all property acquired or claimed for the use and benefit of the School Department, and to presecute and defend all actions at law or in equity, necessary to re¬ cover and maintain the full enjoyment and possession of said property, and to require the services of the City Attorney in all such actions.
9. To estimate annually the amount of money required for the sup¬ port of the public schools, and for carrying into effect all the provisions of law in reference thereto; and in pursuance of this provision the Board shall, on or before the last Monday of July of each year, submit in writing to the Auditor a statement verified by at least a majority of the Board, containing a careful estimate of the whole amount of money to be received from the State and county, and the amount required from the city for the above purposes. The Auditor shall transmit the same to the Council as in this Charter provided, and the Council shall, in each year, after receiving such estimate, fix, in its discretion, by ordi¬ nance the percentage of taxes to be levied and collected for school pur¬ poses; provided, that the amount thus levied for school purposes shall not exceed thirty cents on each one hundred dollars valuation upon the
CITY OP OAKLAND, CAL.
51
assessment roll, but may be increased to forty cents by the consent of two-thirds of the Council; and that when collected it shall be immedi¬ ately paid into the school fund, to be drawn out only upon the order of the Board of Education.
[Note — Estimate by Board, Board of Education vs. Trustees, 96 Cal. 42, and Board of Education vs. Trustees, 129 Cal. 599.]
10. To establish regulations for the just and equitable disburse¬ ment of all moneys belonging to the Public School Fund.
11. To examine every demand payable out of the School Fund, and for good cause to reject any such demand, or to allow the same in whole or in part; and to compel the attendance of witnesses before the Board or any committee thereof in any matter under investigation.
12. To discharge all legal incumbrances now existing, or which may hereafter exist, upon any school property.
13. To prohibit any child under six years of age from attending the public schools, and to suspend or expel pupils for misconduct.
14. To dispose of and sell at public auction such personal property as shall no longer be required by the department. All moneys realized from such sales shall be paid into the Treasury to the credit of the School Fund.
[Note — See Sec. 185 post.]
15. To receive and manage property or money acquired by device, bequest or donation in trust for the benefit of any school, educational purpose, or school property.
16. To exclude from the schools and school libraries all books,, publications or papers of sectarian, partisan or denominational char¬ acter.
17. To furnish books for the children of parents unable to furnish them. The books so furnished shall belong to the city, and shall be kept in the libraries of the schools when not in use.
18. To keep a register at each school, open to the inspection of the public, of all children applying for and entitled to admission in the schools, and to notify the parents or guardians of- such children -when vacancies occur, and to receive such children in the schools in the order in which they Eire registered.
19. To make an annual report on or before the first day of July in each year to the County Superintendent of Schools in the manner and form and on the blanks prescribed by the State Superintendent of Pub¬ lic Instruction.
20. To make a report whenever required, directly to the State Superintendent of Public Instruction, of the text-books used in the city schools.
21. Each member of the Board shall visit every school in the city at least once in each term, and examine carefully into its management,, condition and wants.
52
CHARTER OF
THE
22. It shall be the duty of the Board to prescribe a course of study that will fit and prepare the students therein to enter any of the de¬ partments of the University of the State of California. Such course shall be known as the High School Course.
[Note — The general law governing High Schools in municipalities is to be found in Sections 1669, 1670 of the Political Code. See also Sec¬ tions 112, 128 of this Charter, and notes thereto.]
23. The Board may provide departments for the training of pupils in the industrial and mechanic arts, and shall have power to furnish
such departments with necessary tools, apparatus and appliances.
24. And generally to do and perform such other acts as may be required by general law applicable to the city, and as may be necessary and proper to carry into force and effect the powers conferred on said Board, and to increase the efficiency oft he public schools in the city.
Sec. 115. The City School Superintendent and each member of the Board shall have power to administer oaths and affirmations in all mat¬ ters connected with the department.
Sec. 116. For all supplies, books, stationery, fuel, printing, goods, merchandise and all other materials and supplies for the public schools, or any of them, when the expenditure to be incurred on account of such matter may exceed one hundred dollars, the Board of Education shall make a requisition upon the Board of Public Works. Such requi¬ sition shall state in clear and explicit terms the quantity and kind of all articles needed and how, when and where to be delivered.
Sec. 117. The Board of Education shall annually, at its first regular meeting in May, make such requisition for all supplies estimated to be required by the School Department for the ensuing fiscal year.
Sec. 118. It shall be the duty of the Board to furnish annually in writing such information concerning the public schools of the city as may be required from it by law, or the State Superintendent of Public Instruction or the Council.
Sec. 119. The Board of Education, at any time when deemed neces¬ sary may, by resolution passed at a regular meeting, make a requisition upon the Board of Public Works for plans and specifications and esti¬ mates for a new school house, specifying the location thereof, and number of class rooms needed, the date on which it should be com¬ pleted, the amount of money in the School Fund available for the purpose, and such other information as will enable the Board of Pub¬ lic Works to prepare the necessary plans, specifications and estimates of the cost of such school house.
Sec. 120. The Board of Public Works shall, within thirty days after the receipt of such requisition, submit in duplicate to the Board of Education, such plans, specifications and estimates, wTiich the Board of Education may approve, reject or recommit it to the Board of Pub¬ lic Works. When approved, the date of approval shall be indorsed on
CITY OF OAKLAND, CAL.
53
'each duplicate by the President and Secretary of the Board of Edu¬ cation; and thereupon one of said duplicates shall be filed with the archives of the Board of Education, and the other shall be returned to the Board of Public Works, which shall proceed without delay with the erection of such new school house in accordance therewith.
Sec. 121. The Board of Public Works shall notify the Board of Education of the completion of such new school house. The Board of Education shall thereupon examine the same, and if built in accordance with the plans and specifications, and within the estimated cost thereof, shall accept, pay for and take possession thereof.
Sec. 122. When any school house, building, fence, grounds or sidewalk under control of the Board of Education needs repairing, altering, improving or additions, said Board shall notify the Board of Public Works, specifying in general terms the work to be done. If the cost of such repairing, altering, improving and additions shall not exceed two hundred dollars, the last named Board shall cause the same to be done forthwith, and report the completion thereof with an item¬ ized account of the cost to the Board of Education. If the cost of such repairing, altering, improving and additions shall exceed said sum, the same proceedings shall be had as provided for the erection of a new school house.
Sec. 123. Any School Director, officer, or other person officially connected with the School Department, or drawing a salary from the Board of Education, who shall, while an officer so connected or draw¬ ing salary, be interested either directly or indirectly in, or who shall gain any advantage or benefit from any contract, payments under which are to be made, in whole or in part, out of the moneys derived from the School Fund, or raised by taxation or otherwise for the support of the public schools, or who shall gain or attempt to gain by reason of any official act or the promise of any official act, any consideration, advantage, or benefit from any teacher or any employe of the depart¬ ment, or from any applicant for a position in the department, shall forfeit his office and be forever disqualified from holding any position in the service of the city; and this provision shall not be construed to relieve such person from any other penalty, but shall be deemed cumu¬ lative to other penalties and disabilities for such acts and offenses.
Sec. 124. The Board of Education shall, between the first and tenth day of June of each year, fix a schedule of salaries for teachers and employees of the School Department, to take effect on the first day of July following, and to remain in force during the fiscal year.
Sec. 125. There shall be a City Board of Examination, which shall have the authority and shall be constituted, governed and compen¬ sated as provided in Article XVII., Chapter III., Title III., Part III., of the Political Code and all acts amedatory thereof and supplemental thereto and the holders of the certificates, granted by the Board of Ex¬ amination, shall be entitled to the same protection and subject to the same rule and regulations as are provided in said Article XVII.
54
CHARTER OF THE
[Note 1 — The portion of the 'Political Code herein referred to is to be found in Sections 1787 to 1794, inclusive.]
[Note 2 — The Superior Court of this county has decided that the Constitution, Art. IX., Sec. 7,’ does not require the holding of a county certificate to render a teacher eligible to employment by the City Board of Education. See the case of “Campbell vs. Campbell,” No. 4635, decided Oct. 6, 1887; Hamilton, Judge.]
Sec. 126. It shall be the duty of the Board of Education immed¬ iately after its organization, to elect a City School Superintendent, who shall be an experienced teacher, and whose term of office shall be four years. The City School Superintendent may appoint an assistant, who shall also be an experienced teacher, and whose salary shall be fixed by the Board.
Sec. 127 The City School Superintendant shall act as Secretary and book-keeper of the Board of Education, and perform the clerical duties required by such Board. In the absence of the Superintendent and his assistant, the Board of Education may appoint one of their own number to act as Secretary. It shall be the duty of the Superin¬ tendent, for good and sufficient cause, to provisionally suspend any teacher employed in the schools of the city until the next meeting of the Board. It shall be his duty to report to the Board of Education an¬ nually, and at such other times as it may require, all matters pertaining to the expenditures, income and condition and progress of the public schools of said city during the preceding year, with such recommenda¬ tions as he may deem proper, to visit each school at least once a month,, to observe and cause to be observed such general rules for the regu¬ lation, government and instruction of the schools as may be established by the Board; to recommend to the Board for good cause the dis¬ missal of teachers and the cancellation of their certificates, stating the reason therefor; to attend all sessions of the Board, and inform them at each session of the condition of the public schools, school houses, School Fund and other matters connected therewith, and recommend such measures as he may deem necessary for the advancement of edu¬ cation in the city; to acquaint himself with all the laws, rules and regu¬ lations governing the public schools in the city, and the judicial decis¬ ions thereon, and give advice connected with the public schools, gratui¬ tously, to officers, teachers, pupils and their parents and guardians.
Sec. 128. The School Fund shall consist of all moneys received from the State and County School Fund; of all moneys arising from taxes, which shall be levied annually by the Council for school pur¬ poses; of all moneys arising from the sale, rent or exchange of any of the school property, and of such other moneys as may, from any source whatever, be paid into the School Fund, which fund shall be separate and distinct from all other moneys, and shall only be used for school purposes under the provisions of this Charter. If, at the end of any fiscal year, any surplus remains in the School Fund, such surplus shall be carried forward to the School Fund of the next fiscal year, and shall.
CITY OF OAKLAND, CAL.
55
not be for any purpose whatever diverted or withdrawn from said fund, except under the provisions of this Charter.
[Note — By the general iaw, (Sec 1617, Political Code,) which supersedes all conflicting Charter provisions, each incorporated city constitutes a school district under our common school system, and
the Board of Education is required “to pay all moneys collected by
them from any source whatever for school purposes into the County Treasury,” to be placed to the credit of the School Fund of the city.
The County Superintendent of Schools is required to apportion to such
fund, for the city as such school district, its proportion of the school moneys of the county (Sec. 1543, Pol. Code). On the order of the Board of Education, it is the duty of the County Superintendent “to draw his requisition upon the County Auditor for all necessary expenses against the School Fund of any city,” and “upon receipt of such requisition, the (County) Auditor shall draw his warrant upon the County Treasurer in favor of the parties, and for the amounts stated in such requisition.” (Sec. 1543, Pol. Code.) See Kennedy vs. Miller, 97 Cal. 429.
An attempt was made, by amendment of Sec. 1543, Sub. 3, Political Code, in 1893, Stats. 1893, p. 240, to provide for the drawing out of the County Treasury in a lump sum of all school moneys apportioned to any city therein, but this amendment was declared unconstitutional in the case of Bruch vs. Colombet, 104 Cal. 347.
Provision for the maintenance of the High School is made by Sec. 1670 of the Political Code, Stats, 1893, p. 268, as amended, Stat. 1895, p. 293, and Stat. 1897, p. 79, under which a special city tax levy is made, the money so raised to be paid into the City Treasury to the credit of the High School Fund, and to be paid out upon warrant of the Board. As to High Schools, see also Section 112 of this Charter, ante, and also Section 114, Subd. 22, ante.]
Sec. 129. The School Fund shall be used and applied by the Board of Education for the following purposes, to-wit:
1. For the payment of the salaries or wages of the Superintendent, Assistant Superintendent, teachers, janitors, School Census Marshals, and other persons who may be employed by said Board.
2. For the erection, alteration, repairs, rent and furnishing of school houses.
3. For the purchase money or rent of any real or personal prop¬ erty purchased by or leased to said Board.
4. For the discharge of all legal incumbrances on any school property.
5. For lighting and heating the schoolrooms and the offices and rooms of the Superintendent and Board of Education.
6. For supplying the schools with fuel, water, apparatus, blanks, blanks books and necessary school appliance, together with books for indigent children.
56 CHARTER OF THE
\
7. For supplying- books, printing and stationery for the use of the Superintendent, Board of Education and Board of Examination and for the incidental expenses of the department.
8. For grading and improving school lots, and for grading, sewer¬ ing, planking or paving and repairing streets, and constructing and repairing sidewalks in front thereof.
Sec. 130. All claims payable out of the School Fund shall be filed with the Secretary of the Board, and after they shall have been ap¬ proved by a majority of all the members elected to said Board, upon a call of the ayes and noes, which shall be recorded, they shall be signed by the President of the Board and by the City School Superintendent. Every demand shall have indorsed upon it a certificate of its approval. All demands for salaries shall be paid monthly, and all claims payable out of the School Fund shall be by warrant, signed by the President and Secretary of the Board.
Sec. 131. All demands authorized by this article shall be paid by the Treasurer from the School Fund, when, the same shall be pre¬ sented to him, approved by the Board and duly audited by the Auditor; provided that no demand shall be pal 4 except upon such a warrant as aforesaid, duly indorsed by the payee named therein; and provided, further, that the said Board shall not have power to contract any debts or liabilities, in any form whatsoever, against the city in contraven¬ tion of this article or exceeding in any year the income and revenue provided for the School Fund for such year.
[Note — See note to Section 128 ante; Scetion 131 construed in re Wetmore, 93 Cal. 148.]
Sec. 132. In case of disaster from fire, riot, earthquake or public enemy, the Board of Education may, with the approval of the Mayor and Council, incur extraordinary expenditures in excess of the annual limit provided by law and in this Charter for the repair, construction and furnishing of school houses; and the Council may by ordinance cause to be transefrred to the School Fund from moneys in any other fund not otherwise appropriated sufficient moneys to liquidate such extraordinary expenditure.
[Public Libraries.]
Sec. 133. There shall be maintained in the City of Oakland free public libraries and reading rooms, as provided for by the Act of the Legislature of this State entitled “An Act to Establish Free Public Libraries and Reading Rooms,” approved April 26, 1880, and such other Acts of the Legislature as may be hereafter enacted, amendatory thereof and supplemental thereto.
[Note 1— The adoption of this Act by reference, has the same effect as if the provisions of the Act were incorporated into Charter sections; and a repeal of this Act by the Legislature would not subvert its effect¬ ive operation as a Charter provision. See Ramish vs. Hartwell 126 Cal 443.]
CITY OF OAKLAND, CAL.
57
[Note 2 — The Act of the Legislature referred to in the foregoing section of the Charter (Stats. 1880, State Ed. p. 231, Banc. Ed. p 524.) is as follows:
An Act to establish free public libraries and reading rooms.
The People of the State of California, represented in Senate and Assembly, do enact as follows:
Section 1. For the purposes of this Act, cities of this State are classified as follows:
1. Cities of less than one hundred thousand population.
2. Cities of more than one hundred thousand population.
Sec. 2. The municipal authorities of any incorporated city of this State are authorized and empowered by resolution duly passed for that purpose to levy and collect, as in other cases, annually a tax not to exceed one mill on the dollar for the purpose of establishing and maintaining in such city free public libraries and reading rooms, and purchasing such books, journals and other publications, purchasing and leasing such real and personal property and erecting such buildings as may be necessary therefor.
Sec. 3. All money and revenue paid, collected or received bs> authority of anything herein contained, whether by taxation, gift, devise, bequest or otherwise, shall belong to and be known and designated as the “Library Fund,” and shall be paid into the proper city treasury and there kept separate and apart from other funds, and be drawn therefrom as hereinafter provided, but only to be used and applied to the purposes herein authorized.
Sec. 4. All property, real and personal, acquired by purchase, gift, devise, bequest or otherwise, under the provisions of, or for any pur¬ pose authorized by, this Act, shall vest, be and remain in the proper city, and may be protected, defended and sued for by action at law or otherwise in the name of the city, as in other cases.
Sec. 5. In a city of less than one hundred thousand population, five Trustees shall be elected at the same time and in the same man¬ ner as the other town officers are elected. They shall hold office the same length of time to carry into effect the provisions of this Act.
Sec. 6. In a city of more than one hundred thousand population, the Mayor or other chief executive officer, during his continuance in office, and eleven citizens thereof, to be appointed by the Governor of this State, shall constitute the first Board of Trustees of any library or reading room established or acquired in such city under this Act.
Sec. 7. The office of the Trustee shall be honorary, without salary or other compensation, and shall continue during good behavior; but for good cause a Trustee may be removed from office by proceedings in the Superior Court in behalf of the proper city in manner provided for the removal from office of other city officers.
Sec. 8. The Trustees of any library or reading room established
53
CHARTER OF THE
or acquired by authority of this Act shall take charge of the same and of all real and personal property thereunto belonging, or that may be acquired by loan, purchase, gift, devise or otherwise. They shall meet for business purposes on the first Tuesday of each month, and at all such other times as they may appoint, at a place to be provided for the purpose, and a majority of all their number may constitute a quorum for business. They may appoint one of their number to act as Presi¬ dent of their Board, and may elect a Librarian. They shall also elect a Secretary, who shall keep a full statement and account of all the property, money, receipts and expenditures, and a record and full minutes in writing’ of all their proceedings. The Secretary may certify to such proceedings, or any part or portion thereof under his hand, verified by an official seal adopted and provided by the Trustees for that purpose.
Sec. 9. Such Trustees, by a majority vote of all their members, to be recorded in the minutes with the ayes and noes at length, shall have power:
First — To make and enforce all rules, regulations and by-laws necessary for the administration, government and protection of such library and reading room, and all property belonging thereto, or that may be loaned, devised, bequeathed, or donated to the same.
Second. — To exercise and administer any trust declared or created for such library or reading room, and to provide memorial tablets and niches to perpetuate the memories of those persons who may make valuable donations thereto.
Third — To remove any Trustee who may neglect to attend the meetings of the Board of Trustees, or who may absent himself from such meetings, or without the consent of the Board from the State for three consecutive months; and to fill vacancies that may from any cause occur in the Board.
Fourth — To define the powers and describe the duties of any and
all officers, determine the number, and elect all necessary subordinate
officers and assistants, and at their pleasure remove any officer and
assistant.
♦
Fifth — To purchase any necessary books, journals, publications, and other personal property.
Sixth — To order the drawing and payment, upon properly authen¬ ticated vouchers, duly certified by the President and Secretary, of money from out the Library Fund for and liability or expenditure herein authorized; and generally to do all that may be necessary to fully carry into effect the provisions of this Act.
Seventh To fix the salary of the Librarian, Secretary and other subordinate officers and assistants, and by and with the consent and ap¬ proval of the legislative or other proper authority of the proper city, expressed by resolution duly passed, to purchase said real estate, erect
CITY OF OAKLAND, CAL.
59
and equip such buildings as may be necessary for such library and reading room.
[Note — Every person who wilfully detains a book, etc., from the library after receiving written notice to return the same, is guilty of a misdemeanor. Sec. 623%, Penal Code.]
Sec. 10. The orders and demands of the Trustees of any such library or reading room of any city, then duly made and authenticated as above provided, shall be verified and audited by the auditing officer and paid by the Treasurer of said city out of the Library Fund prop¬ erly belonging thereto, of which full entry and record shall be kept as in other cases.
Sec. 11. The Trustees of such library or reading room, on or before the first Monday of July of each year, shall make an annual report to the municipal authorities of their city, giving the condition of their trust, with full statements of all property and money received, whence derived, how used and expended; the number of books, journals and other publications on hand, the number added by purchase, gift or otherwise during each year, the number lost or missing, the number and character of those loaned, and such other statistics, information and suggestions as may be of general interest. A financial report showing all receipts and disbursements of money shall be made by the Secretary of the Board of Trustees, duly verified by his oath.
Sec. 12. The proper municipal authorities of any city wherein a public library or reading room may be established shall have power to pass ordinances for the protection of the same and all property thereto belonging, and for imposing penalties for the punishment of persons committing injury to such library or reading room, or the property or books thereof, or for failure to return any book or other property be¬ longing thereto. They shall also have power, by a resolution duly passed for such purpose; to grant, donate, authorize the use of either, in whole or in part, any land, square or real estate belonging to such city or town, or dedicated to public use therein, for the purpose of erecting and maintaining a building to be used only for a public library and reading room as herein authorized.
[Note — See ordinance No. 2028 at page - hereof, granting certain
lands for library purposes.]
Sec. 13. The words “city” or “cities,” wherever used in this Act, are intended to and shall include all incorporated cities and towns, and cities and counties with consolidated government, and shall be construed accordingly.
Sec. 14. An Act entitled “An Act to Establish and Maintain Free Public Libraries and Reading Rooms,” approved March the eighteenth, eighteen hundred and seventy-eight, is hereby repealed. All libraries and reading rooms heretofore established by authority of the last men¬ tioned Act in any city or town, or city and county, and all property, real or personal, thereto belonging, shall be turned over to the charge,
6o
CHARTER OF THE
custody and administration of such Trustees as may be continued or appointed therein respectively under the provisions of this Act, with like powers and liabilities, as if such library had been established under this Act.
Sec. 15. This Act shall take effect on the first day' of May, A. D. eighteen hundred and eighty.]
ARTICLE VIII. Revenue and Taxation.
Sec. 134. On or before the last Monday of August in each year the Auditor shall prepare and transmit to the Council, accompanied with the estimates and reports of each department, which he shall require to be delivered to him, an estimate of the probable necessities of the city for the current fiscal year, giving the amount required to meet the interest and sinking funds for any and all outstanding funded debts, together with the amount needed for salaries and probable wants of all the departments of the municipal government in detail, and show¬ ing the necessities of each of the several funds to be provided for in the Treasury. The estimate shall also show, as nearly as may be, what amount of income and revenue is likely to accrue to the Treasury, and be collected from fines, licenses and all other sources of revenue, exclusive of tax upon property; and shall give an estimate of what amount will be required to be levied and raised by tax upon all property in the city, in order to meet the necessities of such fiscal year.
[Note- — As to extension of time, see Sec. 140 of this Charter, post.]
Sec. 135. The Council shall, before fixing the rate of the annual city tax, establish, by ordinance, separate funds, representing the sev¬ eral funded obligations of the city, if any, and the several departments requiring municipal expenditures, including a General Fund; and the percentage of said levy shall be named for each fund, and the whole amount of taxes and revenue of the city apportioned accordingly; and no transfer shall be made except of balances in excess, or from the General Fund to meet deficiencies, or to provide for the redemption of city bonds.
[Note — Excess of money, raised by bonds, go into the General Fund. Stat. 1899, p. 105.]
Sec. 136. The Council shall, on or before the first Monday of October in each year, by ordinance, fix the rate of taxes to be lexied.
CITY OF OAKLAND, CAL
6i
and levy the taxes upon all property, both real and personal, in the city, necessary to raise sufficient revenue to carry on the various de¬ partments of the municipal government for the current fiscal year; provided, that the rate of taxes so levied shall not exceed, in any year, one dollar for each one hundred dollars upon the assessment roll, except for the payment of the principal and interest of the bonded debt of the city.
• \ .
[Note — Compare with Sec. 3714, Political Code as to County levy.]
Sec. 137. Except as in this article otherwise provided, the assess¬ ment of property taxable in the city for municipal purposes, the equal¬ ization of assessements and collection of taxes, and the sale of property for unpaid taxes and the redemption of property sold for taxes, shall be made and had at the same time and manner, and with like effect, as now or .may be hereafter provided by law for the assessment of property, equalization of assessments, levy and collection of taxes and sale of property for unpaid taxes for State and county purposes, and redemption thereof; and all provisions of law applicable to such assess¬ ment, equalization, levy, collection and sale for State and county pur¬ poses, are hereby applied to and shall be the law governing such assessment, equalization, levy, collection and sale for municipal pur¬ poses; and the respective officers of the city shall have, possess and perform the same powers and duties in all matters concerning revenue and taxation for municipal purposes as are by law conferred or im¬ posed up county officers in matters concerning revenue and taxation for Sate and county purposes; and to that end:
1st — All powers and duties so by law conferred or imposed upon the County Assessor are hereby conferred and imposed upon the City Assessor.
2d — All powers and duties so by law conferred or imposed upon the Board of Supervisors are hereby conferred and imposed upon the
Council.
3d — All powers and duties so by law conferred or imposed upon the District Attorney are hereby conferred and imposed upon the City Attorney.
m
4th — All powers and duties so by law conferred or imposed upon the County Tax Collector are hereby conferred and imposed upon the City Tax Collector.
5th — All powers and duties so by law conferred or imposed upon the County Treasurer are hereby conferred and imposed upon the City Treasurer.
6th — All powers and duties so by law conferred or imposed upon the County Clerk or County Auditor are hereby conferred and im¬ posed upon the City Clerk and City Auditor.
The Assessor need not require from any person any statemnt as to any property not taxable in the city, nor transmit or send to any officer other than the officers of the city any statement or report
62
CHARTER OF THE
whatsoever, nor make any record or entry as to equalization by the State Board of Equalization, or as to school, road or other districts.
[Note — It has several times been decided by the Superior Court of Alameda County, that Section 3819 of the Political Code does not apply to taxes levied by the City of Oakland.]
Sec. 138. On or before the last Monday in July in each year the Assessor shall complete his list, or assessment roll, and shall atttach his certificate thereto, and deliver it, and the books, and any maps he may have accompanying the same, and all the original lists of prop¬ erty given to him, to the City Clerk, and the Clerk shall .thereupon notify the Board of Equalization and the taxpayers of the fact by post¬ ing three notices specifying the time of the meeting of said Board for the purpose of equalizing the taxes. Said roll shall be kept open in his office for public inspection.
[Note 1 — In the engrossed copy of the joint resolution approving the Charter, the word “last” at the beginning of this section was re¬ placed by the word “first” (Stats. 1889, p. 559), although the resolu¬ tion was correct as introduced, the chdnge first appearing by erasure in Senate Journal No. 1, p. 22.]
[Note 2 — As to extension of time, see Sec. 140, post.]
[Note 3. — In Buswell vs. Board of Supervisors, 110 Cal. 351, the Supreme Court in construing Sec. 3672 of the Political Code, held the provisions of said section, as to time, directory only.]
Sec. 139. The Assessor must make the abstract provided for in Section three thousand six hundred and seventy-eight of the Political Code. Should any such abstract or list be found to contain any instru¬ ment relating to lands situated partly within and partly without the city, it shall be the duty of the Assessor to determine the proportion of valuation of such instrument to be assesed in the city and assess the same accordingly.
Sec. 140. The Council may, by an order entered upon its journal extend for not exceeding thirty days the time fixed in this article for the performance of any act.
Sec. 141. The Tax Collector must, at least once in each month, and oftener, if required by the Council, settle with the Auditor and pay into the Treasury the full amount of money received by him for the city.
Sec. 142. All fines and forfeitures arising under the revenue and taxation laws, as applied to the city, may, in civil cases, be recovered in the name of the city, and, together with all other moneys collected or received by any officer of the city under said laws, shall be for the use of the city. When real estate is offered for sale for city taxes due thereon, the same shall be struck off and sold to the city in like case and in like manner and with like effect as it may be struck off or sold to the State when offered for sale for State or county taxes, and the Council shall have the same powers and duties in relation to such
CITY OF OAKLAND, CAL.
63
property as is by law given to the State Board of Equalization in case of a sale to the State; and no certificate or receipt need be delivered to the State Controller.
Sec. 143. The Council shall have and exercise the powers and duties conferred and imposed upon the State Board of Equalization by Section three thousand eight hundred and twelve, and three thousand eight hundred and fourteen of the Political Code, or by any Acts -amendatory thereof or supplemental thereto.
Sec. 144. No city officer shall be required to send or transmit any statement or report to any State officer or Board.
Sec. 145. All papers and instruments required to be filed or re¬ corded with or by the County Recorder by the revenue and taxation laws shall, under said laws as applied to the city, be in like manner and with like effect filed with and recorded by the County Recorder of Alameda County.
Sec. 146. The Assessor shall be governed, as to the amount of taxes to be by him collected on personal property, by the city tax rate of the previous year.
Sec. 147. The assessment of property within the city, made by the County Assessor of Alameda county and the State Board of Equaliza¬ tion, shall be the basis of taxation for the city, as provided for by Section 3671 of the Political Code; provided, that if any property in the city shall not be assessed by the County Assessor, the City Assessor shall assess and enter the same in the “Subsequent Assessments,” pro¬ vided for in the next section.
[Note — The Superior Court of Alameda County, in an oral opinion, has construed this section to mean, that the City Assessor must take the valuation as made by the County Assessor, except as to railroads oper¬ ated in more than one county, in which case the valuation is fixed by the State Board of Equalization ; and that the tax rate fixed by the Council must be applied to the valuations thus obtained and without any changes in the valuation by the City Assessor.]
Sec. 148. It shall be the duty of the Assesor, at any time subse¬ quent to the first Monday in July and prior to the fourth Monday in August of each year, to assess any property which shall not be on the regular list, and he shall enter such assessment in a separate portion of the tax list or assessment roll, under the head of “Subsequent Assess¬ ments,” and shall deliver the same, certified by him, or a true copy thereof, to the City Clerk, to be by him compared with the entries on the assessment roll.
Sec. 149. Whenever the Council shall determine that the public interest requires the construction or acquisition or completion of any permanent municipal building work, sewer, property, water rights, bridges or improvements, the cost of which, in addition to the other •expenditures of the city, will exceed the income and revenue provided
64
CHARTER OF THE
for in any one year; they may by ordinance submit a proposition to incur a debt for such purpose and proceed therein as provided in Sec¬ tion 18 of Article XI. of the Constitution of this State and general law; .provided, that such indebtedness shall not bear more than 5 per¬ cent. interest per annum, and that no bond issued therefor shall be sold for less than par value and to the highest bidder, after advertising for sealed proposals therefor. Nor shall any such bonds be issued or sold during any one year in excess of the actual expenditure incurred in that year.
[Note — For the general law as to issuance of bonds for parks and boulevards, see Stats. 1889, p. 361; for other municipal improvements, see Stats. 1889, p. 299, as amended; see also Sub. 40, of Sec. 31 of this Charter, ante.]
ARTICLE IX.
Police and Fire Department.
Sec. 150. The Police and Fire Departments shall be under the- management of a Board of three Commissioners. The members of the Board of Public Works shall be ex-officio the Board of Commissioners of the Police and Fire Departments.
' Sec. 151. Immediately after their appointment and qualification as Commissioners of the Board of Public Works, they shall organize as a Board of Commissioners of the Police and Fire Departments, and elect one of their number President, who shall hold his office for the term of one year. The Secretary of the Board of Public Works shall act as the Secretary of the Board of Police and Fire Commissioners. The Board shall establish rules and regulations governing its proceedings, and for the regulation and conduct of its officers, clerks and employes, and may require bonds from any of its subordinates for the faithful per¬ formance of their duties.
Sec. 152. The Board shall hold a regular meeting at least once a week, and special meetings at such other times as it may appoint, or of which the President may give notice. The regular meetings shall be held on the day and at the hour fixed by resolution, entered upon its rec¬ ords, and which shall not be changed except by similar resolution, of which notice shall be posted for two weeks. The meetings of the Board shall be public; two members shall constitute a quorum, and the votes of two members shall be sufficient to pass any order or resolution; pro¬ vided, however, that executive sessions may be held in special cases by
. » I
CITY OF OAKLAND, CAL.
65
unanimous vote. No business shall be transacted at a special or ad¬ journed meeting- of the Board, except such as may have been made the special order of business for such meeting, or such as may have been under consideration at the meeting from which the adjournment was had, or such as may have been specified in the notice of the meeting. The Board shall cause to be kept a record of its proceedings. It may when it shall deem it expedient, and shall, when required by the Coun¬ cil or the Mayor, furnish such data or information as may be required..
Sec. 153. The Secretary of the Board shall keep a record of its transactions, specifying therein the names of the Commissioners pres¬ ent at the meetings, and giving the ayes and noes upon all the votes. Every order or resolution shall be recorded at length, and the record shall be approved by the Board. The Secretary shall perform such other duties as the Board shall prescribe or direct.
Sec. 154. The officers, members and employes of said Police and Fire Department shall be appointed by said Board, but no appoint¬ ments or removals shall be made for political reason, nor shall any re¬ movals be made except for cause established to the satisfaction of the Board.
Sec. 155. Said Board shall have the power:
1. To prescribe the qualifications, duties, badges of office and uni¬ forms of the officers, members and employes of said departments.
2. To prescribe rules and regulations for the government and disci¬ pline of the same, and prescribe and enforce penalties for their viola¬ tion.
3. To hear and summarily determine all complaints of misconduct, inefficiency or violation of the rules, or other charge against any officer, member or employe of said departments, and to take such action thereon as shall be most conducive to the maintenance, discipline and efficiency of such departments.
To appoint, in their discretion, special policemen, who shall be under the supervision and control of the Chief of Police, and to re¬ move the same at pleasure; provided, however, that the compensation of said special policemen shall in no event be chargeable to the city, unless appointed by authority of the Council.
5. To make all necessary rules and regulations to carry into exe¬ cution the foregoing powers and all other powers vested in said Board by this Charter, or by any ordinance of the Council passed pursuant thereto, or by the Constitution and laws of this State; and, in general, to manage and control said departments.
Sec. 156. The Board shall have the custody and control of the houses, engines, hose carts, trucks, ladders, horses, telegraph lines, stables, and all other property and equipments now or hereafter used or belonging to the Police or Fire Departments.
Sec. 157. The Board shall annually, on or before the last Monday
66
CHARTER OF THE
of July, report to the Auditor an estimate of the amount of money that will be required to pay salaries and expenses of the Police Depart¬ ment and the Fire Department and of the Fire Alarm and Police Tele¬ graph for the ensuing year, specifying in detail Jhe proper items for which the same will be required.
Sec. 158. Each claim against the Police Department or Fire De¬ partment shall be approved by the Board in open session, which ap¬ proval shall be entered in the minutes of the Board. No such claim shall be allowed or ordered paid by the Council until the same has been so approved hy said Board, and has indorsed thereon such approval, authenticated by the signatures of the President and Secretary of the Board.
Sec. 159. The Board shall determine and report to the Council as to the necessity of constructing cisterns and erecting hydrants in par¬ ticular localities, the necessity for additional apparatus, materials, sup¬ plies, engines, horses, hooks and ladders; and also as to alterations and repairs required, and as to materials and supplies required for the efficient working of the Fire Alarm and Police Telegraph hereinafter provided for; but the action of the Board with respect to the necessity of these matters shall be only advisory to the Council, and none of the matters and things in this section enumerated shall be done or pro¬ vided until the same shall have been authorized by the Council. All contracts let and work ordered for said Police and Fire Departments, and said Fire Alarm and Police Telegraph, shall be let and ordered by the Board of Public Works; and the Board of Public Works shall see that the same are faithfully carried out and performed; provided, how¬ ever, that the Board of Police and Fire Commissioners shall have power to make repairs upon engines and other property in their cus¬ tody and under their control, when the necessity for such repairs is urgent, and the cost thereof does not exceed the sum of fifty dollars.
Sec. 160. The Council shall maintain a Fire Alarm and Police Telegraph, which shall be in charge of the Board of Police and Fire Commissioners, who shall manage and control the same and appoint the Superintendent thereof in like manner with other employes of the Police and Fire Departments.
Sec. 161. The police Department shall consist of a Chief of Police and such Captains, detectives and other policemen, not exceeding in the aggregate forty, as the Board may determine to be necessary. The Fire Department shall consist of a Chief Engineer and as many drivers, hosemen and other employes, not exceeding in the aggregate seventy, as the Board may determine to be necessary. The Board may, with the consent of the Council, evidenced by ordinance, add to the above numbers from time to time, should the increase of population and public interest so require.
Sec. 162. Any officer or member of the Police or Fire Depart¬ ments or of the Fire Alarm and Police Telegraph, other than the
67
CITY OP OAKLAND, CAL
Police and Fire Commissioners, guilty of any legal offense or neglect of duty, violation of rules, or neglect or disobedience of orders, or absence without leave, or conduct injurious to the public peace and wel¬ fare, or detrimental to the efficiency of the department of which he may be an officer or member, or breach of discipline or efficiency, or (in case of a police officer) of conduct unbecoming an officer, shall be liable to be punished by reprimand, forfeit of pay for a specified time, suspension or dismissal from the department of which he may be an officer or member; but not more than thirty days’ pay shall be for¬ feited for any one offense. All moneys so forfeited shall be paid into a fund, to be established and maintained, under such regulations as the Board may adopt, for the benefit of the sick and disabled members and the families of deceased members of the department of which the accused may be an officer or member. The Board shall annually render to the Council a verified, itemized account in writing of all moneys so received and disbursed during the preceding years.
Sec. 163. In all investigations or trials conducted by said Board, the President thereof shall have the power to issue subpoenas for the attendance of witnesses and production of papers before it. Such subpoenas shall be served by any policeman. Any member of the Board may administer oaths and affirmations in the conduct of said in¬ vestigations.
ARTICLE X. Health Department.
Sec. 164. There shall be a Health Department under the manage¬ ment of the Board of Health, to consist of five members, who shall be appointed by the Mayor, and whose terms of office shall be two years. The members of said Board must be residents of the City of Oakland, physicians in good standing and graduates of some medical college.
Sec. 165. The members first appointed shall, immediately after their appointment and qualification, so classify themselves by lot, that two of them shall go out of office at the end of one year, and three of them at the end of two years, after their appointment. They shall elect one of their members as President of the Board, who shall hold office for one year. Any member failing to qualify within ten days after his appointment shall be deemed to have declined the office, and a new appointment shall be made. Three members shall constitute a quorum for the transaction of business. No measure shall be passed
68
CHARTER OF
THE
without the concurrence of a majority of the whole Board. The mem¬ bers of said Board shall receive no compensation.
Sec. 166. The Board of Health shall be provided by the Council with a suitable office, which shall be known as the Health Office, in which they shall hold their official meetings at least once a month, and also whenever requested in writing by three members of the Board, or by the President thereof.
[Note — See Sec. 196, post.]
Sec. 167. The Board of Health, subject to the ordinances of the Council, shall have general supervision of all matters appertaining to the sanitary condition of the city, including the sewers, jails, hos-
. > i i
pitals and all public city institutions.
Sec. 168. The Board shall, on or before the first Monday of July, make an annual report of the affairs of the Health Department to the Council and shall include therein the annual report of the Health Officer; and shall at the same time furnish the Auditor a detailed statement of the amount of money that will be required for the Health Department during the ensuing fiscal year; and the Council may pro¬ vide for the raising of such amount, or so much thereof as in their judg¬ ment may be necessary. All expenditures of the Board shall be subject to allowance by the Council in the same manner as the expenditures of other branches of the municipal government.
Sec. 169. The Board shall appoint and may remove at pleasure a Health Officer, who shall also act as a City Physician, and whose com¬ pensation shall be fixed by the Council. He must be at least thirty years of age, a graduate of a regular medical college and a resident for three years in the city. He must reside within the city limits, and must execute an official bond in such sum as the Council may direct.
The Board may appoint and remove at pleasure a Secretary, who shall keep a record of the proceedings of the Board, and perform such other duties as may be prescribed by the Board, and whose compen¬ sation shall be fixed by the Council.
Sec. 170. The Health Officer shall be the executive officer of the Board, and shall see that all laws and ordinances relating to the public health, and the rules and regulations of the Board of Health are en¬ forced. He must make the Board an annual report of the affairs of his office, including mortuary and other statistics, with such general observations as in his judgment might benefit the sanitary condition of the city. He shall in person visit once in each quarter all the public schools and other public institutions in the city. During such visits he shall examine the buildings in regard to the manner in which they are lighted, ventilated, heated, and particularly in regard to their sani¬ tary condition. In the months of January, April, July and October, he shall report to the Board the result of his examinations.
Sec. 171. Whenever it shall be certified to the Board of Health by the Health Offiicer that any building or part thereof is unfit for
CITY OF OAKLAND, CAL.
69
-human habitation by reason of its being- so infected with disease, or from other causes, as to be likely to cause sickness amongst its occu¬ pants, said Board may issue an orded, and cause the same to be affixed conspicuously on the building, or front thereof, and to be personally served upon the owner, agent or lessee, if the same can be found, re¬ quiring all persons therein to vacate such building for the reasons to be stated therein as aforesaid. Such building or part thereof, shall within ten days thereafter, be vacated, or within such shorter time, not less than twenty-four hours, as in said notice may be specified; but said Board, if it should become satisfied that the danger from the building or part thereof has ceased to exist, may revoke said order.
[Note — See Ordinance No. 1532.]
Sec. 172. Every physician in the city shall immediately report to the Health Office, in writing, every patient he shall have sick of typhus, ship or yellow fever, Asiatic cholera or smallpox, and shall report to the Health Office every death from such disease, immed¬ iately after it shall have occurred. Also, every householder in said city shall forthwith report in Writing to the Health Office the name of every inmate of his or her house, whom he or she shall have reason to believe sick of typhus, ship or yellow fever, cholera or smallpox, and any deaths occurring at his or her house from such diseases.
[Note- — See ordinance No. 1293.]
Sec. 173. The Health Officer shall immediately report to the City School Superintendent the names and residences of every person sick of typhus, ship or yellow fever, Asiatic cholera or smallpox, or any other contagious disease he may deem dangerous to public health; and it shall be the duty of the City School Superintendent, when so notified of the residence of any person, sick of any of the diseases enumerated, to refuse admittance to the public schools to any member of a household, one or more of whose inmates are sick of any of the aforesaid diseases; provided, that the parties excluded shall be read¬ mitted upon presenting a certificate from the Health Officer that there is no longer any danger from contagion.
Sec. 174. Whenever a case of smallpox or Asiatic cholera, or yellow fever is reported to the Health Officer, he shall immediately visit the premises where the person is; and the said Health Officer, upon personal inspection, shall, in case of smallpox, Asiatic cholera or yellow fever, immediately cause to be displayed a quarantine flag in a conspicuous place on said premises, and put upon the doorway of houses infected with such diseases, a placard setting forth the fact, the same to remain during the continuance of the disease on said premises.
r
Sec. 175. The Board may locate, establish and maintain Pest- houses, and discontinue and remove the same when and where such location, establishment and maintenance or discontinuance and re¬ moval may be necessary to the preservation of public health. They may appoint and remove at pleasure such physicians and nurses (whose
70
CHARTER OF THE
compensation shall be fixed by the Council) for said Pesthouses as- may be necessary to maintain the efficiency of the same and comfort of the inmates; and may cause to be removed thereto and kept, any person affected within the limits of the city, with smallpox, Asiatic cholera or yellow fever; provided, that no person, unjess he is unable or refuses to maintain such quarantine as may be prescribed by reso¬ lution of the Board, shall be so removed to any Pesthouse. The Board may make all rules and regulations regarding the conduct of said Pesthouses as may be needful. No person shall remove a patient affected with such disease from any house or place within the limits of the city to any other house or place, without the permission of the Health Officer.
Sec. 176. The Board may proclaim such quarantines and establish and declare such quarantine districts and grounds and the boundaries thereof as may, in their judgment, be necessary for the preservation of public health; and may, when deemed necessary, require all vessels, railroad cars or other public conveyances, before the same shall land or stop at any landing, depot or stopping place in the city, to stop or touch at any or either of the districts, grounds or boundaries so se¬ lected and established for quarantaine purposes, and leave all such per¬ sons with their stores and baggage, as in the opinion of the Health Offiicer or physician stationed at such quarantine sites, places or bound¬ aries, shall be deemed proper on account of the existence or general report of Asiatic cholera, smallpox or yellow fever.
[Note — See Ordinance No. 1456.]
Sec. 177. The said Board shall make such rules and regulations for the government of the quarantine or the health of the city, as from time to time they shall deem necessary, and the physicians or Health Officers in charge of any quarantine station or place, shall have power to make and enforce such regulations as may be necessary for the proper management thereof; and it shall be the duty of all persons in quarantine, and all agents, officers, policemen or others employed by the- city in and about said quarantine stations or places, to carry out and obey the same.
Sec. 178. The Board of Health shall cause to be kept a record of all births and deaths occurring in said city: such records must be kept in the Health Office, and shall be open for inspection of any per¬ son during office hours. All physicians and midwives in the city shall report to the Health Office, on or before the fifth of each month, all births occurring in his or her practice during the previous month.
[Note — See Ordinance No. 1348. As to death certificates, see Or¬ dinance No. 1331.]
Sec. 179. No person shall deposit in any cemetery the body of any human being who has died in the city, or remove the same from within the limits of the city, without having first obtained and filed at the Health Office a certificate, signed by a physician or Coroner, setting:
CITY OF OAKLAND, CAL.
71
forth as nearly as possible the name, age, sex, color, place of birth, occupation, date, locality and cause of death of deceased, and obtained from the Health Officer a permit in writing therefor, for burial or other purposes. Physicians, when deaths occur in their practice, must give the certificate herein mentioned, unless the physician believes the death to be a proper case for investigation by the Coroner.
[Note — See Ordinance No. 1331.] 1
No body of a human being who has died without the limits of the city, and no body or remains of a deceased person exhumed or taken from any grave, vault or other place of burial or deposit, within or without the city, shall be transported in or through the streets or highways of the city, unless the person or persons transporting such body or remains shall first obtain from the Health Officer a permit in writing therefor, which shall accompany the body or remains.
[Note — See Ordinance No .1331; also Ordinance No. 1360.]
Sec. 180. The permits in the last section may be granted, in the discretion of the Board of Health, under such general restrictions and conditions as the Board may prescribe. The Health Officer shall prepare a book of blank permits, in proper form and consecutively numbered, containing stubs on which, as well is in the permit, shall be entered a record, giving the name, age, sex, nativity, place of burial, and destination of remains to be transported or removed.
Sec. 181. The Board of Health must exercise a general supervision over the death records of the city, and may adopt such forms and regu¬ lations, not inconsistent with the law and the ordinances of the Council, for the use and government of physicians, undertakers and superintend¬ ents of cemeteries^, as in their judgment may be best calculated to secure reliable statistics of mortality in the city and prevent the spread of disease.
Sec. 182. The Council must, by ordinance or otherwise, provide for the enforcing of such orders and regulations as the Board of Health may adopt and the Council approve. All expenses, which in the opinion of the Council are necessarily incurred in carrying out the provisions of this Article must be provided for by the Council.
Sec. 183. In addition to the powers and duties in this Article enumerated, the Board shall have such other powers and perform such other duties as may be prescribed by ordinance of the Council or by gen¬ eral laws.
Sec. 184. Any member of the Board of Health or the Health Officer may administer oaths on business connected with the Health
Department.
72
CHARTER OF THE
ARTICLE XI. Miscellaneous Provisions.
Sec. 185. Unless otherwise provided in this Charter, all contracts for work or supplies of any kind for more than one hundred dollars shall be let to the lowest bidder, after notice given by posting the same for ten days and by publishing the same for five days; and all sales or leases of property belonging to the city shall be by public auction to the highest bidder, upon such terms and conditions as the Council may by ordinance direct, and after like notice given.
Sec. 186. No grant of any franchise by the Council shall have any validity or effect unless the person of persons to whom the same is made shall, within six months thereafter, actually and in good faith, and not colorg.bly, commence the exercise or enjoyment of the same, there being* no legal impediment thereto; provided, that condemnation proceedings commenced and diligently prosecuted shall be deemed the exercise of a franchise, granted under subdivisions 28, 29, 30 and 31, Section 31, Arti¬ cle III., of this Charter. Whenever any franchise shall have been in disuse, in whole or in part, for the period of one year, there being no legal impediment to the use thereof, it shall be deemed abandoned and forfeited to the extent of such disuse, and the said franchise or that part thereof so in disuse shall no longer be exercised or enjoyed; pro¬ vided, that the disuse of any portion of the franchise, unless permission be before obtained of the Council, shall be deemed a forfeiture of the whole.
*
[Note — For the general law as to time of commencement and com¬ pletion, see Sec. 502, Civil Code. See also Sec. 20 and Subs. 28 to 33, and Sub. 37 of Sec. 31 of this Charter, ante, and notes to said Sub. 37. As to franchises antedating the Charter, see Sec. 205, post.]
Sec. 187. Whenever, within the corporate limits of the city, two or more railroads, operated by steam power, cross each other on the same grade or level, the corporations operating the roads shall, within four months after the adoption of this Charter, or in case of roads now being or hereafter to be constructed, within four months after com¬ pletion of crossings as above described, cause the erection and opera¬ tion of a complete inter-locking safety switch and signal system, which said signal system shall be so constructed as to prevent collisions at such crossings between cars or trains of cars