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of wharves, piers, docks, landings, and thoroughfares, and for the safety and convenience of shipping;

5. To provide for the construction, out of the surplus funds arising from the wharves, such sea walls or other structures along the water front of the City and County of San Francisco as upon accurate surveys made for that purpose are found necessary for the protection of the harbor and water front of the city and county. The structure must be commenced at some point between Harrison and Chestnut streets, on the water front, and be completed between these streets before work upon the structure or sea wall is done north of Chestnut street or south of Harrison street;

any

6. To collect such rents, tolls, wharfage, craneage, and dockage as may from time to time be fixed under authority of this Article.

Stats. 1863-4, p. 140, Sec. 3; 1863, p. 408, Sec. 3.

SEC. 2525. They must appoint some suitable person to act as Secretary of the Board who is not a member thereof. The Secretary, before entering upon the duties of his office, must give to the State of California an official bond, with two or more sureties, in the sum of ten thousand dollars, conditioned for the faithful performance of his duties under this Article; which must be approved by the Commissioners in writing, and filed with the Secretary of State. The Secretary must keep in suitable books a record of all moneys received and disbursed by the Commissioners, and also of all contracts and agreements made and entered into by them; which record must be open to the inspection of the public during the usual business hours. The Secretary must perform such other duties properly pertaining to those of a Secretary as may be required of him by the Board. He must also, on the first Monday in January, April, July, and October in each year, file in the office of the Controller and Secretary of State, a statement, under oath, in the form of a balance sheet, containing a full exhibit of all moneys received and disbursed, the sources from which

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The Board to lease wharves; advertise terms.

Provide for collecting

revenue.

the same were received, and the purposes for which such
moneys were paid out.

Stats. 1863, p. 409, Sec. 4.

SEC. 2526. Any and all wharves or other portions of the water front of the City and County of San Francisco which now are or may hereafter come into the possession of the Board may be by them leased separately for a term not exceeding three years. Before leasing any wharf or other portion of the water front, they must advertise for at least thirty days in a daily newspaper published in the City and County of San Francisco, in viting sealed proposals or bids therefor. The advertisements must contain all necessary information in regard to the terms of the leases, which must be awarded to the highest responsible bidders. If all the bids are, in the opinion of the Commissioners, unreasonably low, they may reject them all, and advertise for further bids in like manner as before. In the leases the Commissioners must make provision, not inconsistent with this Article, for the proper dredging of the docks, repair of wharves, and construction of all works necessary for the protection of wharves, docks, and landings, as in their opinion the safety and convenience of shipping may require.

SEC. 2527.

Stats. 1863-4, p. 140, Sec. 5.

Should the Commissioners be unable to lease any wharf or other work coming into their possession, they must employ some suitable persons to collect the revenue which may arise therefrom, and must pay a proper compensation therefor, not exceeding the rate of one hundred dollars per month to each person so employed, and not in any case exceeding the sum of two hundred dollars per month for collecting such revenue, and not exceeding the amount collected from such wharf or other work; and the persons so employed are required to file a satisfactory bond with the Commissioners sufficient to cover any amount of revenue which may at any time come into their hands. Each person so appointed must keep a correct account of all moneys by

1

him collected in suitable books to be furnished him by the Commissioners, which books are open to the inspection of the public at all reasonable times; they must pay over to the Commissioners or to the Secretary of the Board all moneys collected as often as once in each week. No wharf or other work capable of being leased for a sum greater than one hundred and fifty dollars per month over and above the expense of keeping the same in repair and dredging the docks adjoining the same must be retained in the possession of the Commissioners, by virtue of the preceding part of this section, for a longer time than six months without readvertising the same. Neither of the Commissioners nor the Secretary must ever be interested in any lease or contract made under the provisions of this Article.

Stats. 1863-4, p. 409, Sec. 5; 1863-4, p. 140, Sec. 4.

SEC. 2528. The Commissioners must have an office in the City and County of San Francisco, to be kept open by the Secretary of the Board during business hours, and may purchase from time to time suitable books for the records of the Secretary and accounts of the wharfingers, together with such stationery as may be needed by the Board, the cost of which books, stationery, and office rent may be paid out of any moneys collected for tolls, rents, wharfage, and dockage. The title to all property purchased by moneys collected under this Article is in the State.

Stats. 1863, p. 410, Sec. 6.

SEC. 2529. All moneys collected must be paid into the State Treasury by the Commissioners as often as once in each month, in like currency as received, excepting the salaries of the Commissioners, Secretary, and the wharfingers, the office rent, office furniture, books, stationery, lights, and fuel, and all necessary expenses for the improvement and repair of the wharves not exceeding three thousand dollars per month, which amount the Commissioners are authorized to expend only in making repairs demanded by urgent necessity

Office, powers, and

duties of

Board.

Revenue to
be paid
into Stato

Treasury,

and how

drawn.

To report to Controller of State.

Duty of
State
Treasurer.

Provision for improvements; advertise for

proposals.

without advertising for proposals; the Commissioners must take vouchers for all sums of money expended by them under this Article, and safely keep the same on file in the office of the Board. For all sums of money paid by the Commissioners, excepting those above named in this section, they must draw their orders on the Controller of State, countersigned by the Secretary of the Board; and the Controller of State must draw his warrant on the State Treasurer, who must pay the same out of any money in the Wharf and Dock Fund. No warrant must be drawn by the Controller upon the State Treasurer, as provided in this section, unless the order bears. the signatures of all three of the Commissioners and the Secretary.

Stats. 1863-4, p. 142, Sec. 5.

SEC. 2530. On the payment into the State Treasury, as provided in this Article, the Commissioners must report to the Controller of State the total amount of money received and disbursed by them for the period for which such report is made and the amount to be paid into the State Treasury, and file with the Controller the receipt of the State Treasurer for the money so paid.

Stats. 1863-4, p. 142, Sec. 6; 1863, p. 410, Sec. 8.

SEC. 2531. The State Treasurer must receive all moneys so paid by the State Harbor Commissioners, and keep the same in a separate Fund, to be known as the "State Wharf and Dock Fund," and pay out the same as provided in this Article. The State Treasurer must keep an accurate account of all moneys received and paid out under this Article in books kept solely for that purpose.

Stats. 1863, p. 410, Sec. 8.

SEC. 2532. The Commissioners must make all improvements deemed necessary, and designate the time and. manner of making the same. When they determine that repairs must be made, a new wharf constructed, a dock dredged, or other improvements made, they must advertise for sealed proposals for at least ten days in one of the newspapers printed and published in the City and

County of San Francisco, and let out all contracts made to the lowest responsible bidder. The 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.

SEC. 2533. On a certain day to be named in the publication 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, .n 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.

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

SEC. 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 of San Francisco as established by an Act of the Legislature, approved March twenty-sixth, eighteen hundred and fifty-one.

Open bids

and award

contracts.

commençe

ment and

extent of

wharves.

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