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Same.

Open bids

and award contracts.

Commencement and extent of wharves.

advertisements for proposals for contracts must contain an accurate description of the work to be done, the materials to be used, and such other details as may be necessary to a correct understanding of the entire work to be performed. The Commissioners may set apart for the uses and purposes of dry docks or marine railways such portion of the water front of the City and County of San Francisco (not included between Chestnut and Harrison streets) as the wants of commerce require, and may lease the same for a period not exceeding twenty years, in the same manner as herein provided for the lease of wharves.

2533. On a certain day to be named in the publi cation the Commissioners must open the bids in the presence of such of the bidders as may be present, and award the contract to the lowest responsible bidder, who must furnish sufficient sureties to guarantee a performance of the work. If, in the opinion of the Commissioners, the bids are unreasonably high, they may reject them all and advertise anew in like manner as before. If, in the opinion of the Commissioners, the second bids are also unreasonably high, they may reject them likewise, and enter into a contract with responsible parties without giving further public notice. Any such contract entered into without giving public notice must be at least five per cent less than the lowest bid rejected as provided in this section.

NOTE.-Stats. 1863-4, pp. 142, 143, Sec. 7.

2534. Every wharf hereafter constructed must commence at the foot of some street, as laid down on the official map of the City and County of San Francisco, and extend into the bay in a direct line with such street. No wharf hereafter constructed must ever be extended into the bay more than six hundred feet beyond the water front of the City and County San Francisco as established by an Act of the Legis

of

lature approved March twenty-sixth, eighteen hundred and fifty-one.

2535. All of the spaces bounded by the water

front and a line parallel thereto and six hundred feet therefrom in the bay, and lines running from the termination of the lines of the streets and in a straight course with the lines to the line in the bay six hundred feet from the water front, must be used solely and exclusively for docks, quays, landing places, and thoroughfares forever, and the spaces are hereby dedicated to such uses forever. All the streets of the City and County of San Francisco lying along the water front must be extended to a uniform width of one hundred and fifty feet, the outer half of which must be constructed or built and maintained in good repair by the State Harbor Commissioners, or parties holding under them, and may be used as a landing place or pier, on which dockage, wharfage, and tolls may be collected; and until such extensions are made the Com missioners must have and use as a landing place, with full power to collect dockage, wharfage, and tolls upon the same, so much of the streets now fronting upon the Bay of San Francisco as may be used for such purpose without obstructing the same as a thoroughfare.

2536. The Commissioners must not construct any works in the slips between the streets extending beyond the line of the streets as defined in the preceding section, except such as may be necessary for ferry uses. A street must be laid out and constructed along the water front from Market to Pacific streets, which must have its whole width of one hundred and fifty feet outside or easterly of the water front boundary line, as established by an Act entitled "An Act to provide for the disposition of certain property of the State, approved March twenty-sixth, eighteen hundred and fifty-one."

What to be

used for

docks, etc.

Not to use

slips, and

must lay

out street.

What

devoted to

2537. All the space inside or westerly of the line public use. between Market and Clay streets, heretofore. laid out and designated on the official map of the city as a public street, and heretofore used as such, and the space between Jackson and Pacific streets and between the easterly line of the water lots or private property, as already granted and disposed of by the State or city, and the westerly line of the street as herein defined and established, are hereby reserved and dedicated and must forever continue open to common public use as a street or thoroughfare.

To make and file map.

Commissioners to fix tolls.

2538. The Commissioners must make out and file with the Surveyor of the City and County of San Francisco an accurate plat of survey, showing the location and lines of the streets along the water front, as the same are extended, established, and defined in this Article, unless the same has been heretofore done. NOTE.-Stats. 1853-4, p. 144, Sec. 8.

2539. The Commissioners must, from time to time, fix the rate of tolls, wharfage, and dockage, to be collected in gold and silver coin of the United States, which wharfage must not at any time exceed twenty cents per ton on merchandise landed upon or shipped from the wharves, and not less than ten cents on any load less than half a ton carried on or off the wharves by any vehicle at any one time, and not otherwise charged with wharfage, which dockage must neither be increased nor diminished more than twenty-five per cent from the present rates.

NOTE. Stats. 1863-4, p. 144, Sec. 9. Others than those authorized, who receive or collect tolls, etc., are punished by Sec. 642, Penal Code Cal. See Stats. 1872, p. 797, given in note at the end of this Article.

2540. No greater amount of money must in the main ever be raised by the collection of tolls, rents, wharfage, and dockage than is necessary to keep the

to be a lien.

seawalls, embankments, wharves, piers, landing places, Wharfage and thoroughfares in good repair, construct new ones, dredge and protect the harbor, docks, and quays, and pay the incidental expenses connected therewith. No toll must ever be collected on pedestrians, or upon any baggage or package they cry. The charge of wharfage is a lien upon any goods, wares, or merchandise landed upon any of the wharves, piers, or landings in the City and County of San Francisco; and the Commissioners, their agents or lessees, may hold possession of goods, wares, or merchandise landed as aforesaid, as security for the payment of wharfage.

NOTE.-Stats. 1863-4, p. 144, Sec. 9.

missioners

contracts.

2541. No contract or obligation entered into by All Comthe Commissioners which creates a liability or author- to sign izes the payment of money is valid and of binding force unless the same is signed by all three Commissioners, and countersigned by the Secretary of the Board; and no obligation or contract of any kind whatsoever involving an expenditure of money is ever to be entered into or contracted by the Commissioners, unless there is money in the Wharf and Dock Fund or Harbor Protection Fund sufficient to pay the same. The Commissioners may, whenever they find it necessary, in order to provide for the construction or repair of any work deemed necessary for the convenience of commerce, and authorized by this Article, pledge the revenue of such work for and during a period not exceeding three years from the date of such contract.

NOTE.-Stats. 1863-4, p. 145, Sec. 10.

Report of

Commis

2542. The Commissioners must, on or before the first day of August, in the year eighteen hundred and sioners. seventy-two, and every year thereafter, make to the Governor a full report of all moneys by them received and disbursements made, stating specifically for what the same was received, and for what purpose the same

Secretary

to estimate

surplus fund.

Erection of seawall.

Vacancies.

Duty of
Attorney
General.

was expended, and give an account of all improvements made, and the general condition of the property under their charge.

NOTE.-Stats. 1863, p 412, Sec. 13; 1870, p. 333, Sec. 1.

2543. The Secretary must estimate the surplus money growing out of the revenues from the wharves over and above the requirements of the first four subdivisions of Section 2524; and when such surplus is ascertained, the same must be set apart by the State Treasurer as a special Fund, to be called the "San Francisco Harbor Protection Fund," to be used exclusively in the building and construction of such seawall along the line of the water front of the city and county as may, upon accurate survey, be found necessary for the protection and security of the harbor and water front thereof.

NOTE.-Stats. 1863, p. 412, Sec. 13.

2544. The Commissioners must cause surveys and estimates to be made for the construction of a seawall, and the expenses of such surveys and the cost of constructing the seawall must be paid out of the Harbor Protection Fund. The seawall must be constructed by contract, in sections of not more than two blocks in one contract, and all contracts for that pur pose must be made in accordance with the provisions of Section 2541 of this Article.

NOTE.-Stats. 1863, p. 412, Sec. 14.

2545. If any Commissioner or the Secretary of the Board absent himself from the State for a space of sixty days his office is vacated.

NOTE.-Stats. 1863, p. 413, Sec. 15.

2546. The Attorney General of the State must give such legal advice and render such legal services

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