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That Section 5 of Article I of said Charter be amended to read as follows: SECTION 5. No recourse shall be had against the City and County for damage or loss to person or property suffered or sustained by reason of the defective condition of any sidewalk, street, avenue, lane, alley, court or place, or by reason of the defective condition of any sewer, or by reason of any defective drainage, whether any of said defects originally existed, or whether they were occasioned by construction, excavation or embankment; nor shall there be any recourse against the City and County for want of repair of any sidewalk, street, avenue, lane, alley, court or place, or by want of repair of any sewer; nor shall there be any recourse against the City and County for damage to person or property suffered or sustained by reason of accident on any sidewalk, street, avenue, lane, alley, court or place, or by falling from any embankment thereon or into any excavation therein; but in any such case the person or persons on whom the law may have imposed the obligation to repair such defect in the sidewalk, street or public highway, or in the sewer, and also the officer or officers through whose official negligence such defect remains unrepaired, shall be jointly and severally liable to the party injured for the damage sustained; provided, that notice in writing of the existence of such defect shall have been served upon such person or persons, officer or officers, at least ten days before such damage shall have been sustained; and provided, further, that there are at such time funds available for repairing such defect. That Subdivision 11 of Section 1 of Chapter III of Article VII of said Charter be amended to read as follows:
SUBDIVISION 11. To lease to the highest responsible bidder, for the benefit of the Common School Fund, for a term not exceeding thirty-five years, any real property of the School Department not required for school purposes; but no lease shall be made except after advertisement for bids for at least sixty days in the official newspaper and one other daily newspaper of general circulation, published in the City and County, and by an affirmative vote of at least three members of the Board of Education and approved by an ordinance of the Board of Supervisors, passed by a vote of at least fifteen of its members, and approved by the Mayor; and provided that at the expiration of the term of said lease all buildings and improvements erected shall revert to and become the property of the School Department of the City and County.
That Subdivision 3, of Section 1, of Chapter II, of Article II of said Charter be amended to read as follows:
SUBDIVISION 3. To permit the laying down of spur or side tracks and running cars thereon for industrial purposes only, for the purpose of connecting warehouses, manufactories, or other business industries and enterprises with the Belt Line of railroads along the water front or other lines of railroad which now or may hereafter enter the City and County, subject to such regulations and conditions as may be prescribed from time to time by said Board of Supervisors; such tracks to be used for transportation of freight only, and not to be used as a main line or a part thereof; and also for the purpose of excavating and filling in a street or portion of a street or the adjoining land, and for such limited time as may be necessary for such purpose and no longer.
Such tracks must be laid level with the street and must be operated under such restrictions as not to interfere with the use of such streets by the public. permits granted under the provisions hereof shall be revocable at the pleasure of the Board of Supervisors. All spur or side tracks laid down and in use on the first day of July, 1907, shall be deemed to have been laid down and to be in use by permission of the Board of Supervisors, subject to the provisions of this section. That Subdivision 14, of Section 1, of Chapter II, of Article II of said Charter be amended to read as follows:
SUBDIVISION 14. To fix and determine by ordinance in the month of February of each year, to take effect on the first day of July thereafter, the rates or compensation to be collected by any person, company or corporation in the City and County, for the use of water, heat, light, power or telephonic service, supplied to the City and County, or to the inhabitants thereof, and to prescribe the quality of the service.
That Section 1 of Article XIV of said Charter be amended to read as follows: SECTION 1. The lands designated upon the Map of the Outside Lands of the City and County, made pursuant to Order No. 800, by the word "Park," extending from Stanyan street to the Pacific Ocean, and known as Golden Gate Park; also the land fronting on Haight street, designated on said map by the word "Park," and known as Buena Vista Park; also the lands designated on said Map by the word "Avenue," extending from Baker street westward until it crosses Stanyan street; also that certain highway bounded on the west by the Pacific Ocean, and designated upon said map as "Great Highway"; also Mountain Lake Park; also Seal Rocks, as ceded to the City and County of San Francisco by act of Congress; and all the other parks and squares in the City and County, and all the grounds surrounding public buildings in the City and County, and all parks and squares and public pleasure grounds hereafter acquired by the City and County, shall be under the exclusive management of a Board of Commissioners who shall be known and designated as Park Commissioners, except that children's playgrounds and recreation centers outside of Golden Gate Park shall, to the extent of their use as such
playgrounds and recreation centers, be under the exclusive management and control of the Playground Commissioners.
That a new article be added to said Charter, to be known and numbered Article XIV-A, and to read as follows:
SECTION 1. All children's playgrounds now owned by the City and County, and all children's playgrounds that shall hereafter be acquired by the City and County, and all public recreation centers, other than those located in Golden Gate Park, shall be under the management and control of a Board of Commissioners, which shall consist of men and women, and shall be known and designated as the Playground Commissioners. No person shall be appointed such Commissioner who shall not be at the time of his or her appointment a resident of the City and County, and who shall not have been such at least five years prior thereto.
SECTION 2. The Commissioners shall be seven in number, five of whom shall be appointed by the Mayor for the term of four years. Three of the members appointed by the Mayor shall be men and two of them shall be women. The President of the Board of Education shall be ex-officio the sixth member of the Commission, and either the President of the Park Commissioners or the Superintendent of Golden Gate Park, as the Park Commissioners in writing may appoint, shall be ex-officio the seventh member. The Park Commissioners may at any time, by resolution served upon the Playground Commissioners, change their ex-officio member of said Commission, provided that such ex-officio member be always either their President or said Superintendent. None of said Commissioners shall receive any compensation for his or her services.
SECTION 3. The Commissioners shall organize by electing one of their number President, who shall hold office for one year or until his or her successor is elected, and they may elect a Secretary who is not a member of the Board.
A majority of the members shall constitute a quorum for the transaction of business. The Board shall hold regular meetings at least once in two weeks, and as many special meetings as it may deem proper.
The Board shall establish rules and regulations for its government and for the performance of its duties, and for the conduct of its officers and employés, and shall require adequate bonds from all its officers and employés, except laborers, for the faithful performance of their duties, and in such sums as may be fixed by it, such bonds shall be approved by the Mayor and filed in the office of the Auditor.
SECTION 4. The Commissioners shall adopt rules and regulations for the government of the aforesaid playgrounds not inconsistent with the ordinances of the City and County of San Francisco, the laws of the State of California or with this Charter.
SECTION 5. The Commissioners shall have complete and exclusive control, management and direction of the aforesaid playgrounds and recreation centers, and the exclusive right to erect and to superintend the erection of buildings and structures thereon, and to that end they may employ superintendents, surveyors, engineers, laborers and other employés and assistants and prescribe and fix their duties, authority and compensation. They shall have the exclusive management and disbursement of all funds legally appropriated or received from any source for the support and equipment of the aforesaid playgrounds and recreation centers, provided, that such management of any real or personal property or moneys acquired by loan, gift, devise, or bequest, is not inconsistent with the terms and conditions of the loan, gift, devise or bequest. The Commissioners may purchase in the name of the City and County of San Francisco lands to be used as children's playgrounds and recreation centers, with any moneys legally appropriated for such purpose or acquired by gift, legacy or bequest for such purpose.
SECTION 6. The Board may receive donations from persons and corporations, and legacies and bequests for the purchase, improvement and equipment of playgrounds and recreation centers. All moneys that may be derived from such donations, legacies and bequests shall, unless otherwise provided by the terms of suca gift, donation, legacy or bequest, be deposited in the treasury of the City and County to the account of the Playground Fund of the General Fund. The same may be withdrawn therefrom and paid out in the same manner as is provided for the payment of moneys legally appropriated for the support and improvement of such playgrounds and recreation centers. If such moneys shall at any time exceed in amount the sum necessary for immediate expenditure on said playgrounds or recreation centers the Board may invest all or part of the same in interest-bearing bonds of the United States, of the State of California or of any municipality therein.
SECTION 7. The Chief of Police shall on request of the Commissioners detail such members of the Police Force of the City and County for service in said playgrounds and recreation centers as may be necessary for the enforcement of the law and the city ordinances and the proper observance of the rules and regulations of the Commissioners.
SECTION 8. The Supervisors shall have the power to set apart either absolutely
or for a definite period of time, any land not improved with any public buildings belonging to the City and County other than land under the exclusive control and management of the Park Commissioners, and land acquired by the issue of bonds for other specific purpose, for use as children's playgrounds and recreation centers, and the same shall, when so set apart for such use, be under the exclusive control and management of the Playground Commissioners.
SECTION 9. The Park Commissioners shall have power to set apart either absolutely or for a definite period of time such parks and squares or portions thereof as they may see proper, other than Golden Gate Park and the Mission Park, for use as children's playgrounds and recreation centers, and the same shall, when so set apart for such use, be, to the extent of that use, under the exclusive control and management of the Playground Commissioners.
SECTION 10. The Supervisors shall, for the purchase, development, equipment and maintenance of the aforesaid playgrounds and recreation centers, annually appropriate to the Playground Commissioners at the time of making the Budget such amount as may in their judgment be necessary or proper, and the funds so appropriated shall be credited to the Playground Fund of the General Fund, and the Playground Commissioners shall have the exclusive management and disbursement of the same.
The Secretary shall keep a full account of all property, money, receipts and expenditures and a record of all proceedings of the Commissioners. The votes of all its members shall be recorded in the minutes with the ayes and noes.
That Section 1 of Article X of said Charter be amended to read as follows: SECTION 1. There shall be a Department of Public Health under the management of a Board of Health. The board shall consist of seven members, all of whom shall be appointed by the Mayor, and three only of whom shall be physicians. Said physicians shall be regularly certificated physicians of the City and County at the time of their appointment, and must have been such for at least five years next preceding their appointment. The members of the board shall serve without compensation. They shall elect one of their members president, and shall adopt such rules and regulations as may be necessary for the government of the board. That Section 2 of Article X thereof be amended to read as follows: SECTION 2. The appointed members of the board, excepting those first appointed, shall hold office for seven years. Those first appointed under this Charter shall so classify themselves by lot that one of them shall go out of office at the end of one year; one at the end of two years; one at the end of three years; one at the end of four years; one at the end of five years; one at the end of six years; and one at the end of seven years.
Within 30 days after the ratification of this amendment by the Legislature of the State of California, the offices of the then incumbent members of the Board of Health shall become vacant, and the Mayor shall thereupon proceed to appoint a Board of Health pursuant to the provisions of the preceding section.
That Sections 2 and 3 of Chapter IX of Article IX of said Charter be amended to read as follows:
SECTION 2. There shall be appointed by the Board of Fire Commissioners and Board of Police Commissioners, acting in joint session, a practical and skilled Electrician, and who shall have general supervision of the Department of Electricity. He shall receive a salary of $3000 per annum.
SECTION 3. The Joint Commission may appoint such assistants and other employés as may be necessary to efficiently maintain, extend and repair the Department of Electricity at all times. All appointments shall be made subject to the provisions of Article XIII hereof. The number and compensation of all such assistants and other employés of the Department of Electricity shall be fixed annually by the Supervisors, but no compensation to any of such persons shall be greater than is paid in similar employments. Any person who, under a classification of positions by the Civil Service Commission, has been appointed in conformity with Article XIII of this Charter and who has served the probation period required by said Article is hereby declared appointed within the provisions of the Article XIII to said position so classified.
This is to certify that we, Edward R. Taylor, Mayor of the City and County of San Francisco, and John E. Behan, Clerk of the Board of Supervisors of said City and County, have compared the foregoing proposed and ratified amendments to the Charter of the said City and County of San Francisco with the original proposals submitting the same to the electors of said City and County at a General Municipal Election held on Tuesday, the Fifth day of November One Thousand Nine Hundred and Seven, and find that the foregoing is a full, true, correct and exact copy thereof, and we further certify that the facts set forth in the preamble preceding said amendments to said Charter are and each of them is true.
IN WITNESS WHEREOF, we have hereunto set our hands and caused the same to be authenticated by the seal of said City and County of San Francisco, this 20th day of November One Thousand Nine Hundred and Seven.
Now, therefore be it
EDWARD R. TAYLOR Mayor of the City and County of San Francisco. JOHN E. BEHAN
Clerk of the Board of Supervisors of 'the City and County of San Francisco.
Resolved, by the Senate of the State of California, the Assembly thereof concurring (a majority of all the members elected to each house voting for and concurring herein), That said amendments to the Charter of the City and County of San Francisco as proposed to and adopted and ratified by the electors of said City and County and as hereinbefore fully set forth, be and the same are, and each of them is, hereby approved as a whole without amendment or alteration, for and as amendments to, and as part of the Charter of the City and County of San Francisco.
Concurrent resolution read.
The question being on the adoption of the Senate Concurrent Resolution.
The roll was called, and Senate Concurrent Resolution No. 1 was adopted by the following vote:
AYES-Senators Anderson, Anthony, Bates, Bell, Belshaw, Black, Broughton, Caminetti, Carter, Curtin, Green well, Hartman, Keane, Kennedy, Leavitt, Lukens, Lynch, Markey, McKee, Nelson, Price, Rambo, Reily, Rolley, Rush, Sanford, Savage, Walker, Weed, Welch, Willis, Wolfe, and Wright-33.
Senate Concurrent Resolution No. 1 ordered transmitted to the Assembly.
At one o'clock and thirty minutes P. M., on motion of Senator Leavitt, the President declared the Senate at recess until one o'clock and fortyfive minutes P. M., of this day.
At one o'clock and forty-five minutes P. M., the Senate reconvened. Lieutenant-Governor Warren R. Porter, President of the Senate, in
APPOINTMENT BY SERGEANT-AT-ARMS OF THE SENATE.
To the Officers and Members of the Senate of the State of California:
I have the honor to inform you that I have appointed H. P. Travers, Bookkeeper to the Sergeant-at-Arms, and respectfully ask the consent of the Senate thereto.
J. LOUIS MARTIN,
On motion of Senator Rush, the Senate consented to the above appointment by the Sergeant-at-Arms.
INTRODUCTION OF CONCURRENT RESOLUTION.
The following concurrent resolution was offered:
SENATE CONCURRENT RESOLUTION NO. 2.
Resolved by the Senate, the Assembly concurring, That the two houses of the Legislature adjourn sine die at the hour of two o'clock and thirty minutes, on Saturday, November 23, 1907.
Concurrent resolution read, adopted, and ordered transmitted to the Assembly.
MESSAGES FROM THE ASSEMBLY-(OUT OF ORDER).
On motion of Senator Leavitt, the following messages from the Assembly were received and read:
ASSEMBLY CHAMBER, SACRAMENTO, November 23, 1907.
MR. PRESIDENT: I am directed to inform your honorable body, that the Assembly on this day adopted and concurred in Senate Concurrent Resolution No. 1-Approving sixteen certain amendments to the Charter of the City and County of San Francisco, State of California, voted for and ratified by the electors of said City and County of San Francisco, at a general municipal election held therein on the fifth day of November, 1907.
CLIO LLOYD, Chief Clerk of the Assembly.
By THOS. G. WALKER, Assistant Clerk.
Senate Concurrent Resolution No. 1 ordered to enrollment.
ASSEMBLY CHAMBER, SACRAMENTO, November 23, 1907. MR. PRESIDENT: I am directed to inform your honorable body, that the Assembly on this day adopted Assembly Concurrent Resolution No. 1-Relative to adjournment sine die. CLIO LLOYD, Chief Clerk of the Assembly.
By THOS. G. WALKER, Assistant Clerk.
CONSIDERATION OF ASSEMBLY CONCURRENT RESOLUTION.
On motion of Senator Wolfe, Assembly Concurrent Resolution No. 1 was taken up for immediate consideration.
ASSEMBLY CONCURRENT RESOLUTION NO. 1.
Resolved by the Assembly, the Senate concurring, That the two houses of the Legislature adjourn sine die at 2:30 o'clock P. M. on Saturday, November 23, 1907.
Assembly Concurrent Resolution No. 1 read, adopted, and transmitted to the Assembly.
REPORT OF STANDING COMMITTEE.
The following report of standing committee was received and read:
ON ENGROSSMENT AND ENROLLMENT.
SENATE CHAMBER, SACRAMENTO, November 23, 1907. MR. PRESIDENT: Your Committee on Engrossment and Enrollment have examíned the following:
Senate Concurrent Resolution No. 1-Approving sixteen certain amendments to the charter of the City and County of San Francisco, State of California, voted for and ratified by the electors of said City and County of San Francisco, at a general municipal election held therein on the fifth day of November, 1907.
And report that the same has been correctly enrolled, and presented the same to the Governor on this twenty-third day of November, 1907, at two o'clock and twenty minutes P. M.
The following resolution was offered:
By Senator Keane:
Resolved, That a committee of three be appointed to notify the Governor that the Senate is ready to adjourn, and ask if he has any further communication to transmit to the Senate.
Resolution read and adopted.
APPOINTMENT OF COMMITTEE.
In accordance with the above resolution, the President appointed Senators Keane, Hartman, and Curtin a committee to notify the Gov