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archives, claims, demands, and things in possession and action of every nature and description, and shall be subject to all the obligations, debts, liabilities, dues and duties of the existing municipality,

SEC. 5. Suits, actions and proceedings may be brought in the name of said city and county, 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 and county, whether made or arising or accruing before or after the adoption of this Charter; and all existing suits, actions and proceedings in the courts or elsewhere, to which said city and county is a party, shall continue to be carried on by or against said city and county.

SEC. 6. No recourse shall be had against said City and County for damage to person or property suffered or sustained by, or because of, the defective condition of any street or public highway of said city and county, or in consequence of any such street or public highway being out of repair or in condition to endanger persons or property passing thereon; but if such defect in the street or public highway shall have existed for the period of twenty-four hours or more after notice thereof to the Mayor of said city and county, then the person or persons on whom the law may have imposed the obligation to repair such defect in the street or public highway, 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.

ARTICLE II.

Legislative Department.

CHAPTER I.

OF THE SUPERVISORS.

SECTION 1. The Legislative power of the City and County of San Francisco shall be vested in a legislative body which shall be designated the Board of Supervisors; such body is also designated in this Charter the Supervisors.

SEC. 2. The Board of Supervisors shall consist of twelve members, who shall be elected by general ticket from the city and county at large, and shall hold office for two years.

SEC. 3. No person shall be eligible to the office of member of the Board of Supervisors unless he shall have been for at least five years continuously a qualified elector of said city and county; and no person shall be eligible to act as such member who shall have been convicted of any infamous crime, or who shall have been removed from any municipal office by the Mayor, the Board of Supervisors, or the judgment of a court; and any such conviction during his term of office shall cause the forfeiture of his seat in said Board.

SEC. 4. Seven members of the Board shall constitute a quorum, but a less number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the Board may prescribe.

SEC. 5. The Board shall:

1. Appoint a Clerk, Sergeant-at-Arms, and when authorized to do so by ordinance, such additional clerks and other assistants as may be deemed necessary.

2. Establish rules for its proceedings.

3. Keep a journal of its proceedings and allow the same to be published. The ayes and noes on any question shall, on demand of any member, be taken and entered therein.

4.

Have authority to punish its members for disorderly or contemptuous behavior in its presence, and to expel any member by the affirmative vote of not less than nine members, specifying in the order of expulsion the cause thereof.

5.

Have power to compel the attendance of witnesses and production of papers pertinent to any business before such Board.

SEC. 6. The Mayor shall be the presiding officer of the Board of Supervisors. In the absence of the Mayor the Board may appoint a presiding officer pro tempore from its own members, who shall, however, have the same right to vote as other members.

SEC. 7. The Board shall meet upon the first Monday of each month, or, if that day be a legal holiday, then upon the next day, and the Board shall not adjourn for

more than seven days, or to any other place than its regular place of meeting. The meetings of the Board shall be public.

SEC. 8. The Clerk of the Board of Supervisors may administer oaths and affirmations in all matters pertaining to the affairs of his office without charge, and shall perform such services as may be prescribed by said Board. He shall have the custody of the seal of said city and county, and of all leases, grants and other documents, records and papers. His signature shall be necessary to all leases, grants and conveyances, and he shall have the custody of all resolutions and ordinances of said city and county.

SEC. 9. No Supervisor shall hold any other office, Federal, State or Municipal, or be an employee of said city and county, or be directly or indirectly interested in any contract with said city and county, or with or for any Department or Institution thereof; or advance money or furnish material or supplies for the performance of any such contract; or furnish or become surety for the performance of any such contract; or directly or indirectly recommend, solicit, advise, request, or in any manner use his influence to obtain the appointment of any person to any office, position, place or employment under the city and county Government, or under any Department, Board or officer thereof; but nothing in this section shall impair the right of a Supervisor to nominate and recommend any person for any office or position to be filled by appointment or election by the Supervisors of which he is a member. Upon taking office, each Supervisor shall make and file in the office of the Clerk of the Supervisors an affidavit that he will faithfully comply with and abide by all the requirements of this section. A violation of any of the provisions of this section shall cause a forfeiture of his office, and render him ineligible to any office in the future.

SEC. 10. Every Legislative Act of said city and county shall be by ordinance. The enacting clause of every ordinance shall be: "Be it ordained by the Board of Supervisors of the City and County of San Francisco, as follows:" No ordinance shall be passed except by bill, and no bill shall be so amended as to change its original purpose.

SEC. 11. No bill shall become an ordinance unless on its final passage at least seven members of the Board vote in its favor, and the vote be taken by ayes and noes, and the names of the members voting for and against the same be entered in the Journals.

SEC. 12. No ordinance shall be revised, re-enacted or amended by reference to its title; but the ordinance to be revised or re-enacted, or the section thereof amended, shall be re-enacted at length as revised or amended.

SEC. 13. Every ordinance shall embrace but one subject, which subject shall be expressed in its title; if any subject be embraced in an ordinance and not expressed in its title, such ordinance shall be void only as to so much thereof as is not expressed in its title.

SEC. 14. When a bill is put upon its final passage in the Board and fails to pass, and a motion is made to reconsider, the vote upon such motion shall not be acted on before the next meeting of said Board. No bill for the grant of any franchise shall be put upon its final passage within ninety days after its introduction. Every ordinance shall, after amendment, be laid over for one week before its final passage.

SEC. 15. No ordinance shall take effect until ten days after its passage unless otherwise expressed in said ordinance.

SEC. 16. Every bill which shall have passed the Board, and which shall have been duly authenticated, shall be presented to the Mayor for his approval. The Mayor shall return such bill to the Board within ten

days after receiving it. If he approve it he shall sign it, and it shall then become an ordinance. If he disapprove it he shall specify his objections thereto in writing. If he do not return it with such • disapproval within the time above specified, it shall take effect as if he had approved it. The objections of the Mayor shall be entered at large on the Journal of the Board, and the Board shall cause the same to be immediately published. The Board shall, after five and within thirty days after such bill shall have been soreturned, reconsider and vote upon the same; and if the same shall, upon reconsideration, be again passed by the affirmative vote of not less than nine members, the presiding officer shall certify that fact on the bill, and

when so certified, the bill shall become an ordinance with like effect as if it had received the approval of the Mayor; but if the bill shall fail to receive upon the first vote. thereon nine affirmative votes it shall be deemed finally lost. The vote on such reconsideration shall be taken by ayes and noes, and the names of the members voting for or against the same shall be entered in the Journal.

SEC. 17. All ordinances and resolutions shall be deposited with the Clerk of the Board, who shall record the same at length in a suitable book.

SEC. 18. No ordinance making a general appropriation shall be passed, but every appropriation shall be for the specific amount of the demand to be paid; and each ordinance authorizing the payment of money shall contain one demand only, which shall be expressed in its title.

SEC. 19. Every ordinance or resolution providing for any specific improvement, the granting of any privilege, or involving the lease, appropriation or disposition of public property, or the expenditure of public money (except sums less than five hundred dollars), or levying any tax or assessment, and every ordinance providing for the imposition of a new duty or penalty, shall, after its introduction, be published, with the ayes and noes, at least five successive days before final action. upon the same; and if such bill be amended, the bill as amended shall be published for a like period before final action thereon. Provided, that the provisions of this section shall not authorize the Supervisors to pass any ordinance or resolution for the appropriation or expenditure of public moneys amounting to five hundred dollars or less, unless the same be passed by a majority vote of said Board upon a call of yeas and nays. Provided, further, that in cases of great necessity the officers and heads of the departments may, with the consent of the Mayor, expend such sums of money not to exceed $50 as shall be necessary to meet the requirements of such emergency.

CHAPTER II.

OF THE POWERS OF THE SUPERVISORS.

SECTION 1. Subject to the provisions, limitations and restrictions in this Charter contained, the Supervisors shall have power to pass ordinances:

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