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to lease any premises under their control for any purpose whatever, except as otherwise specially provided, but they may permit any property under their control to be used by any corporation, firm, association, person, or company, but in no case shall any corporation, firm, association, person, or company enjoy the use of any of the property under the commissioners' charge, except such use as shall be terminated as herein provided; and the said commissioners may condemn, purchase, and pay a reasonable compensation for such structures as may have been erected upon the said premises, which structure, in the opinion of the board and engineer may be useful for such commercial purposes as this article is intended to promote.
[Permission to land must be obtained from commissioners.] No person or company shall land or remove any goods, wares, or merchandise, or other things, upon or from any wharf, pier, quay, landing, or thoroughfare situated upon the premises described in this article; nor shall any corporation, firm, association, company, or person, collect dockage, wharfage, cranage, or toll within the boundaries of the premises described in this article, without first obtaining permission to do so from said commissioners. Any use permitted of the property by the commissioners may be terminated at any time by them, on thirty days' previous notice to the party or parties so using the same.
[Railroad tracks may be laid along water-front.] Said board may, when the wants of commerce require, lay down such number of tracks along and on any portion of said water-front as may be necessary to meet such wants, and permit the use thereof to any corporation or association, or any person or persons, under such rules, regulations, and at such compensation as said board may determine;
[Special privileges not to be granted.] Provided, that no special privileges shall be awarded thereon to any corporation, association, person or persons; provided that nothing herein shall apply to or restrict the use of any premises leased for
Terminal facilities under or by reason of an act of the legislature entitled “An act to amend an act entitled 'An act to amend an act entitled 'An act to amend section six of an act entitled 'An act concerning the water-front of the city and county of San Francisco,' approved March fifteenth, eighteen hundred and seventy-eight, and to confer further powers upon the board of state harbor commissioners,' approved March seventeenth. eighteen hundred and eighty,' approved March nineteenth, eighteen hundred and eighty-nine, conferring further powers upon said board,” approved March twenty-six, eighteen hundred and ninety-five, and which has not been declared forfeited by the board of harbor commissioners; and provided further, that switches from said railroad track or tracks may, with the permission of said board, and under the limitations and conditions of this act, be constructed by corporations, or any person or persons, leading to any warehouse or place of business.
[Obstructions in the bay or upon the wharves not allowed.] Nor shall any person or company place, or cause to be placed, any obstructions in that portion of the bay of San Francisco described in this article, nor upon any wharf, pier, quay, landing, or thoroughfare, without the consent of the board. When
any wharf, pier, quay, landing, or thoroughfare in the harbor of San
Francisco shall be encumbered, or their free use interfered with, by goods, wares, merchandise, or other substance, whether loose, or built upon, or fixed to any such wharf, pier, quay, landing, or thoroughfare, it shall be the duty of the commissioners to notify, in writing (which service may be served by a wharfinger, or the secretary or assistant secretary of the board), the owner, agent, or occupant, or person placing or keeping such obstruction thereon, to remove the same within twenty-four hours after the serving of such notice; and in case of failure to comply with such notice, and remove such obstructions, the owner, agent, occupant, or person notified shall be liable to pay the commissioners the sum of twenty-five dollars for each and every day during which such obstruction shall remain upon any such wharf, pier, quay, landing, or thoroughfare; and the commissioners shall have power, in their discretion, to remove any such encumbering substance, and store the same in any suitable, convenient, and safe place, and a sum equal to the amount of the expenses of the removal, together with all other necessary charges, shall be paid by the owner of such encumbering substance to the commissioners, and such sum and necessary charges shall be a lien on such substance until paid. Dockage shall not be collected on any vessel lying at anchor outside of dock, wharf, or slip.
[Railroads, how constructed.] Nothing in this section shall be construed as authorizing the board of harbor commissioners to construct any railroad along and upon any open canal extending inland from said water-front. But said harbor commissioners may, when a water-front railroad shall be constructed by them, construct the same across the outlet of such open canal.
[Increase of rates of dockage, etc.] Provided, nevertheless, that nothing in this section contained shall be construed to prevent the board of state harbor commissioners, the governor of California, and the mayor of the city and county of San Francisco acting together from increasing the rates of dockage, wharfage, cranage, tolls and rents during the period expiring the twentyeighth day of February (,) A. D. 1907, to such an amount as they may deem proper and necessary.
[Repealing clause.] Sec. 2. All acts and parts of acts in conflict with this act are hereby repealed.
[In effect, when.] Sec. 3. This act shall take effect and be in force immediately after its passage.
History: Amended June 14, 1906, Stats. and Amdts. 1906, pp. 44-52. $ 2524a. POWER OF STATE HARBOR COMMISSIONERS TO SET APART PROPERTY FOR AQUATIC SPORTS. The board of state harbor commissioners shall have power to set apart and assign any property under their control, for a period not exceeding ten years, to any corporation, club or association organized for the purpose of developing and promoting aquatic sport; provided, that no property shall be set apart under provisions of this section to any corporation, club, or association the object of which is pecuniary profit; and provided further, that when any property has been set apart under the provisions of this section to any corporation, club or association, and such corporation, club or association shall cease to be actively engaged in the prosecution of the object and purposes for which it was organized or incorporated
such assignment shall thereupon cease and determine as to such corporation,
History: Enacted February 23, 1907, Stats. and Amdts. 1907, p. 43.
§ 2528. DISPOSITION OF MONEYS COLLECTED BY. All moneys collected shall be paid into the state treasury, and be credited to the San Francisco harbor improvement fund, at least once in each month, except so much thereof as may be necessary to pay the salaries of officers, office rent, cost of office furniture, books, stationery, lights, fuel, expense of dredging, expense of pile-driving and piles, expense of preserving piles and timber, cleaning the wharves and bulkheads, legal and other incidental expenses, and in addition ten thousand dollars per month for urgent repairs, which last sum, if so much be required, may be used in repairing the wharves, piers, landings, thoroughfares, sheds and other structures, and the streets bounding on the water-front under the jurisdiction of the board without advertising for proposals therefor. Such moneys may be remitted to the state treasurer by express.
[In effect, when.] Sec. 2. This act shall take effect and be in force from and after its passage.
History: Amended June 14, 1906, Stats. and Amdts. 1906, p. 38.
$ 2567. HARBOR COMMISSIONERS FOR THE PORT OF EUREKA. There is a board of three commissioners, known as the “board of harbor commissioners of the port of Eureka.” The board of harbor commissioners of the port of Eureka shall consist of three members who shall be appointed by the governor of this state and shall hold office for a term of four years, and until each of their successors are appointed and qualify: And an appointment to fill vacancies, which may hereafter occur in the board of harbor commission (ers] of the port of Eureka shall be for the term of four years, and no person shall be eligible to the office of harbor commissioner of the said port of Eureka unless he be a citizen of the state of California and a resident of the city of Eureka.
[Repealing clause.] Sec. 2. All acts or parts of acts conflicting with this act are hereby repealed.
History: Enacted March 6, 1907, Stats. and Amdts. 1907, p. 130.
$ 2572. SALARY OF HARBOR COMMISSIONERS; SALARY OF OTHER OFFICERS. The commissioners of the board of harbor commissioners of the port of Eureka shall each receive a salary of four hundred dollars per annum. The secretary shall receive a salary of one thousand dollars per annum. The harbor master shall receive a salary of one thousand two hundred dollars per annum. All salaries of said commission and its officers herein named are to be paid out of the treasury of the state of California in the same manner as the salaries of other state officers are paid.
[Other expenses, how paid.] Sec. 2. All other expenses of said commission necessarily incurred are to be paid from the treasury of Humboldt County in the same manner that claims against said county are paid.
[Repealing clause.] Sec. 3. All acts or parts of acts conflicting with this act are hereby repealed.
[In effect, when.] Sec. 4. This act shall take effect from and after June thirtieth, 1907.
History: Amended March 6, 1907, Stats. and Amdts. 1907, p. 130.
$ 2656. ROAD FUNDS; DIVISION OF IN CERTAIN EVENTS. Whenever any territory is included in a city, or incorporated town, or city and county, either at the original incorporation of such city, incorporated town or city and county, or by annexation thereto subsequently, and such territory shall have constituted a road district, or a part of a road district, it shall be the duty of the county board of supervisors, as soon as practicable after such incorporation or annexation, to ascertain how much of the unexpended moneys in the general road fund or of the highway taxes of all kinds then levied and in the course of collection, is derived from property situate or persons residing in such territory; and they shall cause the amount so ascertained to be paid to the proper officers of such city, incorporated town, or city and county, as soon as practicable after it shall have come into the general road fund. The sum or sums so paid over to such city, incorporated town, or city and county, shall become part of the general fund of such city, incorporated town, or city and county
[Repealing clause.] Sec. 2. All acts and parts of acts inconsistent with provisions of this act are hereby repealed.
[In effect, when.] Sec. 3. This act shall take effect and be in force from and after its passage.
History: Enacted March 28, 1907, Stats. and Amdts. 1907, p. 63.
$ 2713. CONSTRUCTION AND REPAIR OF BRIDGES TO BE LET OUT BY CONTRACT. No bridge, the cost of construction or repeair of which will exceed the sum of two hundred dollars, must be constructed or repaired except on the order of the board of supervisors. When ordered to be constructed or repaired, the contract therefor may in their discretion, be let out, and if let, it must be after reasonable notice given by the board of supervisors, by publication at least once a week for two weeks in a county newspaper; and if no paper is published in said county, then by three posted notices, one at the courthouse, one at the point to be bridged, and one at some other neighboring place in the county. All bids shall be sealed; they shall be opened at the time specified in the notice, and the contract awarded to the lowest responsible bidder. The board may, however, reject any and all bids. The contract and bond for its performance must be entered into and approved by the board of supervisors; except, however, in cases of great emergency, by the unanimous consent of the whole board they may proceed at once to replace or repair any and all structures, of whatever nature, without notice. Bridges crossing the line between counties must be constructed by the counties into which such bridges reach, and each of the counties into which any such bridge reaches shall
pay such portion of the cost of such bridge as shall have been previously agreed upon by the boards of supervisors of said counties; provided, that where such bridge or bridges, crossing the line between counties, shall reach within the limits of an incorporated town, or city, or city and county, the provisions of this section shall apply.
History: Amended March 22, 1907, Stats. and Amdts. 1907, p. 851.
[The Political Code is hereby amended by repealing Article IX of Chapter II of Title VI of Part III of the Political Code, and every section thereof, and adding a new article to Chapter II of Title VI of Part III thereof, to be numbered Article IX, embracing sections twenty-seven hundred and forty-five and twenty-seven hundred and seventy-two, both inclusive, so as to read as follows:]
PERMANENT ROAD DIVISIONS.
$ 2745. Road divisions, formation of.
$ 2758. Officers must certify results of elec$ 2746. Petition for formation of. What
tion. must contain
$ 2759. Supervisors to compute, levy, and $ 2747. Affidavit accompanying petition, con
collect taxes. tents of.
$ 2760. Permanent road bonds. [Special $ 2748. Publication of petition and notice.
election for issue.] § 2749. Hearing of petition. Changing bound $ 2761. Election notice must contain, what. aries, notice.
$ 2762. Conduct of election. $ 2750. Boundaries of permanent road divi $ 2763. Certificate of result of election. sion. Change, notice.
$ 2764. Form of bonds. $ 2751. Special road-tax. Petition for im $ 2765. Rate of interest. provement of roads.
$ 2766. Reversion of moneys. $ 2752. Duty of board on receipt of peti $ 2767. Manner of performing the work. tion.
[To be by contract.] $ 2753. Funds may be set apart.
$ 2768. Method of procedure in opening bids. $ 2754. Duty of board in regard to special
Inspectors and salary. tax.
$ 2769. Payments on account. $ 2755. Notices of election must specify, $ 2770. Money remaining after completion of what.
work. § 2756. Election to vote upon special tax, $ 2771. Where notices must be published. how conducted.
$ 2772. Expense of organizing division. $ 2757. Ballots.
§ 2773. Construction of article. $ 2745. ROAD DIVISIONS, FORMATION OF. Any portion of a county not contained in a permanent road division may be formed into a permanent road division under the provision of this act, and when so formed shall have the powers herein enumerated and such as may hereafter be conferred thereon by law.
History: Former section repealed and present enacted March 19, 1907,
Stats. and Amdts. 1907, p. 635. $ 2746. PETITION FOR FORMATION OF. WHAT MUST CONTAIN. A petition for the formation of a permanent road division (naming it) may be presented to the board of supervisors of the county wherein the division is proposed to be formed. It shall be signed by at least a majority of the landowners residing within the proposed division, and shall contain:
1. The boundaries of the proposed division;
2. The number of acres therein contained and the assessed valuation of the same accordingly to the last completed assessment-roll of the county;
3. The value of the improvements on real estate and of the personal property within the proposed division according to the last completed assessmentroll;