Passage of ordinances.

Votes determined.

with the name of every member voting for or against the same. All ordinances or resolutions not passed in accordance with the provisions of this section, shall be void as against the city.

SEC. 29. Every ordinance passed by the two Boards, shall be presented to the City Attorney for his examination; and it shall be the duty of the City Attorney, within five days after such ordinance. is so presented to him, to transmit the same, with his opinion in writing, of its legality or illegality, to the Mayor for his approval. If the Mayor approve it, he shall sign it; if not, he shall return it, with his written objections, to the Board in which it originated, within ten days thereafter; or if such Board be not then in session, at its next stated meeting; the Board shall enter the objections upon its journals, and publish them in some city daily newspaper. At any stated meeting within two weeks thereafter, such Board shall proceed to consider said ordinance and message. If after such reconsideration, two-thirds of all the members elected to such Board shall agree to pass said ordinance, notwithstanding the objections of the Mayor, it shall be sent to the other Board, by which the same shall, in like manner, be reconsidered; and, if approved by two-thirds of all the members elected to such Boards, it shall take effect as an ordinance of the city. In all such cases, the votes of both Boards shall be determined by yeas and nays, and the names of those voting for and against the passage of such ordinance reconsidered, shall be entered upon the journal of each Board, respectively; every ordinance duly passed by both Boards, presented to the City Attorney, and by him certified to be legal, and not returned by the Mayor, as hereinbefore provided, shall take effect as though he had signed it, unless the close of the session of the Common Council and the expiration of its term shall prevent its return, in which case it shall not take effect as an ordinance of the city, until ten days after the first session of the new Common Council, and until it has been reconsidered and approved by two-thirds in each Board, as in the case of an ordinance returned with the Mayor's objections. SEC. 30. It shall not be lawful, except by ordinance to provide for appropriations. the appropriation or expenditure of public moneys, or to make any order respecting any work or matter involving such expenditure or appropriation, or for the sale, disposition or appropriation of the public property, for any specific improvement, the laying of any tax, impost or assessment, or imposing any new duty or penalty; and every such ordinance shall, before the same is sent from the Board in which it originated, to the other Board, and also before being sent to the City Attorney for his examination, and to the Mayor for his signature, be published with the yeas and nays, and the names of those voting for and against the same, in the regular issue of at least one daily newspaper in the city. No ordinance or resolution which shall have passed one Board, shall be acted upon by the other Board on the same day, except by unanimous consent.

Unlawful

Publication

of ordinance.

Appropriations.

SEC. 31. Annual and other appropriations of money shall be made by the Common Council by ordinance, for every branch and object of city expenditure; no more than one such appropriation shall be made in any one ordinance; and every ordinance making new appropriation, or continuing or reviving an old one, shall distinctly specify, without reference to any other act or ordinance, the sum appropriated, and the object to which it is to be applied. No money shall be drawn from the Treasury, unless the same shall have been previously

tive officers.

appropriated to the purpose for which it was drawn, nor unless the appropriation shall have been based upon specific and detailed esti mates and statements, furnished, in writing, for their respective departments, duly verified on oath or affirmation, by the several executive officers; and it shall be the duty of any executive officer, when Duty of execu required by the Common Council, to furnish such statement and estimate. Every warrant drawn upon the Treasury, shall specify the Warrants to appropriation under which it is drawn, and the date of the ordinance specify, &c. making such appropriation, as well as the date of the ordinance directing the issue of such warrant ; nor shall any warrant or draft upon the Treasurer be issued by the Controller, or signed by the Mayor, unless the issue of the same has first been authorized by an ordinance which shall specify the amount of such warrant or draft, the person to whom such amount is payable, and for what object it is paid.

SEC. 32. The Common Council shall not create nor permit to accrue any debt or liability which, in the aggregate with all former Debts limited. debts, or liabilities exclusive of the funded debts shall exceed the sum of twenty-five thousand dollars, over and above the estimated annual revenue of the city at the time of incurring such debt or liabil

Expenditures limited.

ity; and each member of the Common Council, who shall vote Members liable. for any ordinance which becomes a law, which is intended or does directly or indirectly increase the indebtedness of the city, contrary to the provisions of the section above recited, shall be liable for the sum or sums specified in said ordinance, in his individual capacity; and upon conviction of a violation of the provisions of this section, shall be liable to a fine, in a sum not less than two thousand dollars, and to imprisonment in the County Jail, for a term not exceeding six months, or to both such fine and imprisonment; and any other city other officers officer, who shall assist in carrying out any such ordinances, shall be liable. equally liable as the Alderman and Assistant Alderman, who vote for the same, and all or any of them, may be sued for such amount, as in other cases, and their official bonds shall be liable therefor; and for this purpose, every ordinance involving the expenditure of public money, or providing for any matter or thing to be paid for out of the Treasury, shall by its terms limit to a sum specified the amount of the expenditure to be made, or the liabilty to be incurred, by virtue of such ordinance. Immediately upon the passage of any such ordinance, by the Common Council, the Clerk thereof shall furnish to the Controller a certified copy of such proposed ordinance; and the Con- and Controller. troller shall thereupon certify to the Mayor, under his oath or affirmation a statement of the then outstanding debts and liabilities of the city incurred or to be incurred under the then existing ordinances. If the amount specified in such proposed ordinance shall, taken in the aggregate with the outstanding debts and liabilities of the city incurred or to be incurred under such existing ordinances, exceed the limit of twenty-five thousand dollars (exclusive of the funded debts) it shall be the duty of the Mayor to withhold his signature from such Mayor to withproposed ordinance, and the same shall not take effect in any way, nor shall any debt or obligation sought to be created under it have any validity as against the city; and every tax or assessment levied upon any person or property within the city for the payment of, or providing for any debts or liability created or attempted to be created, Tax null in contravention of the provisions of this section, shall be absolutely and void. null and void.

Duty of Clerk

hold signature.

Council not to

SEC. 33. The Common Council shall not borrow money on the borrow, &c.

Construction of section.

Committee of accounts.

Further power of Council.

First.

Second.

Third.

Fourth.

Fifth. Sixth.

Seventh.

Eighth.

Ninth.

Tenth.

Eleventh.

Twelfth.

Thirteenth.

Fourteenth.

Fifteenth.

Sixteenth.

Seventeenth.

credit of the city, and shall have no power to emit bills of credit, or to issue or put in circulation any paper or device as a representative of value or device of indebtedness, or to award damages for nonperformance or failure on their part of any contract, [or] to loan the credit of the city, to subscribe to the stock of any association or corporation; but this section shall not be construed to prohibit the auditing and certifying of accounts by the proper officer to the creditors of the city; provided, the amount of such audited and certified accounts shall not, in the aggregate, exceed the sum of the twentyfive thousand dollars specified in the last preceding section. No such audited or certified accounts shall draw interest, nor shall the Common Council appropriate or expend money for any public exhibition or celebration, except by a two-thirds vote of all the members elected to each Board.

SEC. 34. There shall be elected annually a joint committee of accounts, to consist of three members from each Board, who shall meet at least once a month and examine all accounts of the several officers having the receipt or disbursement of money, and report thereon in writing to the Common Council.

SEC. 35. The Common Council shall further have power by ordinance: First. To provide for the care and maintenance of the indigent sick of the city, unless otherwise provided for by law. Second. To make regulations to secure the general health of the inhabitants, and to prevent and remove nuisances. Third. To provide the city with water; to erect hydrants, fire-plugs, cisterns and pumps in the streets for the convenience of the inhabitants thereof. Fourth. To provide for the opening, altering, extending, grading, paving, or otherwise improving and regulating streets, avenues, lanes, alleys and sewers, and for freeing the same from encroachment or incumbrance. Fifth. To provide for lighting the streets. Sixth. To erect markethouses; to establish markets and market-places, and to provide for the government and regulation thereof. Seventh. To provide for the purchase or erection of all needful buildings for the use of the city. Eighth. To provide for inclosing, improving and regulating all public grounds belonging to the city. Ninth. To provide for the erection, repair and regulation of wharves and docks, and fix the rates of wharfage thereat. Tenth. To license and regulate all such callings, trades and employments as the public good may require, and as are not prohibited by law. Eleventh. To license and regulate hackney coaches, carriages and other public vehicles, and to fix the rates to be charged for the same for the transportation of persons and property. Twelfth. To suppress all callings, occupations, houses, places, amusements and exhibitions which are against good morals and contrary to public order and decency. Thirteenth. To prohibit the erection of wooden buildings in any part of the city; to regulate or prevent the sale, storage or use of gun-powder, or other explosive or combustible materials and substances, and to make all needful regulations for the protection of the city against fire. Fourteenth. To make such regulations as to the erection of buildings as may be needful for the safety of citizens. Fifteenth. To erect a work-house, house of refuge or house of correction, and provide for the regulation and government of the same. Sixteenth. To prevent and restrain any riot, rout, noise, disturbance, or disorderly assemblage in any street, house or place in the city. Seventeenth. To impose fines, forfeitures and penalties, for the breach of any ordinance; and

Eighteenth.

Commissioners.

provide for the recovery and appropriation of such fines and forfeitures, and the enforcement of such penalties; but no penalty to be imposed shall exceed a fine of one thousand dollars, or six months imprisonment, or both. Eighteenth. They shall have power to provide by ordinance for the regulation of the city police; but it is hereby provided that the police force of the city of San Francisco, with City Police. the exception of the Marshal, (who shall be elected as herein before provided), shall be appointed by a Board of Police Commissioners, Police to consist of the Mayor, President of the Board of Aldermen, President of the Board of Assistant Aldermen and Marshal of the city of San Francisco, who, with their successors, are hereby created as such Board, and shall be liable to removal only after trial before the Board of Police Commissioners. The Common Council is hereby required, within three months after its first meeting under this Act, to pass an ordinance providing for the regulation and government of Police the police department, prescribing the mode of suspension of mem-" bers of the department, to be appointed as hereinbefore provided; to prescribe their pay, and to make such other provisions as may be necessary for the good government of the police department not inconsistent with the requirements of this section. Nineteenth. To provide for the summary and forcible abatement and suppression of nuisances to health, comfort and decency; and, by ordinance, to Nuisances. define such nuisances, and provide the mode of their abatement, and designate the officer who shall be intrusted with the same; and to provide for the summary collection of the expenses of such abatement and suppression.

SEC. 36. They shall have power to direct and control the Fire Department, and make all needful rules and regulations for the government of the same, not otherwise provided by law.

SEC. 37. They shall regulate the fees and charges to be made for certificates of surveys for building or other purposes in the public streets; and the same shall be collected by the surveyor, and by him paid into the city treasury on the morning of Saturday of each week.

ordinance.

Fire Department.

Fees, &c.

carry into effect.

SEC. 38. They shall, within three months after their installation, Ordinance to pass such ordinances as may be necessary to carry the several provisions of this Act into full force and complete effect.

SEC 39. The compensation of the officers in this Act, shall be as Compensation. follows: Of the Mayor, six thousand dollars a year; and of his of Mayor. clerk, twenty-five hundred dollars; and said clerk shall not demand Mayor's Clerk. or receive any further fees or compensation for any service or process issued by him in his official capacity; of the Controller, four thou- Controller. sand dollars a year; of the Treasurer, four thousand dollars a year; Treasurer. of the Marshal, four thousand dollars a year; of the Attorney, four Marshal. thousand dollars a year; of his clerk, two thousand five hundred dol- Attorney's lars a year; of the Surveyor, four thousand dollars a year; the salary of Aldermen and Assistant Aldermen shall be one thousand Aldermen. dollars a year each.

SEC. 40. The above sums shall be in full for all services connected with any of the offices above named respectively, whether rendered by the said officers, their clerks or deputies. No other clerks shall be allowed than is in this Act provided; and no further or extra compensation, whether for office rent, clerk hire, or any other matter or thing whatever, shall be allowed; and if the same should be allowed, those members or officers of the city government voting,

Attorney.

Clerk.

Extra

compensation.

Members liable. allowing, auditing, disbursing or receiving the same, shall be liable, jointly and severally, to the city, in a civil action for the recovery of the amount thus unlawfully paid; and their sureties on their official bonds shall also be liable.

No expenditure without

SEC. 41. No expenditure shall be incurred as against the city by appropriation. any officer, whether the same shall have been authorized by the Common Council or not, unless an appropriation shall have been previously made to meet such expenditures, under the penalty provided in the last foregoing section.

No member to be interested.

SEC. 42. No executive officer or his clerk, nor member of the Common Council, nor any subordinate officer, or other officer of the corporation, shall be directly or indirectly interested, nor shall he be security for any person who may be so interested in any contract, work, or business, or the sale of any article or thing whatever, the expense, price, amount or consideration of which is payable from the city treasury, or by any assessments levied under an ordinance of the Common Council, or for which the city is to be liable; nor in the purchase or lease of any property belonging to the corporation, or of any property, unless his own, which shall be sold for taxes or Contracts void. assessments. Every contract made in violation of this section, whether made before or after the commencement of the official term of any party thereto, shall be absolutely void as against the city. SEC. 43. If any officer under this Act, or member of the Common Council, shall remove from the city, or absent himself therefrom for more than twenty days, or shall fail to qualify by taking the oath of office as prescribed by law, or to file his official bond whenever such bond is required, within ten days from the time his election is duly ascertained and declared, his office shall be thereby absolutely vacated, and the Common Council shall thereupon order an election to fill the vacancy.

Office made vacant.

Filing bonds.

Description of bonds.

Sureties.

Affidavit of sureties.

Term of office

Penalty for violation.

SEC. 44. The following officers shall, before entering upon the duties of their offices, file with the clerk of the Common Council their official bond, viz: the Controller, Tax Collector, Treasurer, Surveyor, Marshal, Attorney and Assessors. Such bonds shall be subject to the provisions of law respecting the bonds of officers; and shall be made payable to the City of San Francisco, and shall be in such amount as shall be fixed by the Common Council; they shall be approved by the Mayor before filing; but no bond shall be approved by him unless there be at least two sureties thereon, who shall justify in a sum equal, in the aggregate, to double the amount of the bond, and each of whom shall be a householder or freeholder within the city, and shall be worth at least one half of the amount of his justification in real estate within the County of San Francisco, at the assessed valuation for the current year. The affidavit of the sureties shall be annexed to the bond. Such bond shall be renewed whenever the Common Council shall require; but no surety shall be "oleased for want of renewal.

SEC. 45. The officers elected under this Act, except the Board of Aldermen, shall continue in office for the term of one year, and until their successors are elected or appointed and qualified.

SEC. 46. Any officer under this Act who shall wilfully violate any of its provisions, or commit any fraud, or convert any of the public property to his own use, or permit any other so to convert it, shall be deemed guilty of a misdemeanor, to be tried before the Court of Sessions of the County upon an indictment found as in