§ 2534. LIMIT OF COMPENSATION FOR COLLECTING DOCKAGE, ETC. (repealed). History: Enacted March 12, 1872; amended February 28, 1876, Code § 2535. PAYMENT BY STATE TREASURER. RECEIPTS AND ACCOUNT BOOKS. The state treasurer shall receive all moneys paid by the state harbor commissioners, and keep the same in a separate fund to be known as the San Francisco Harbor improvement fund, and pay the same out as provided for in this article, and shall keep an accurate account of all moneys received by him and paid out under the authority of this article, in books kept solely for that purpose; which said books shall be open at all times to the inspection of the governor and controller of state, and of any committee appointed by the legislature, or by either branch thereof. History: Enacted March 12, 1872; amended February 28, 1876, Code § 2536. SEA-WALL, ADVERTISEMENT FOR PROPOSALS TO CONSTRUCT. When the commissioners determine to construct any part of the sea-wall, they must advertise for sealed proposals for not less than thirty days, in not less than two daily papers in San Francisco. The advertisement must give a full and accurate description of the work to be done, the place where to be done, and the material to be used. On the day stated in the advertisement, the bids must be opened in the presence of such bidders as are present, and the contract awarded to the lowest bidder, who shall give a bond, with two or more responsible sureties, to be approved by the commissioners, for the due performance of the work. Their approval must be indorsed on said bond. If, in the opinion of the commissioners, the bids are too high, they shall reject them and advertise anew, in like manner as before. And if, in the opinion of the commissioners, the second bids are also too high, they shall reject them likewise, and may enter into a contract with responsible parties without giving further notice. [Contractors to give bond.] The parties entering into a private contract with the commissioners must give a bond, with two or more responsible persons as sureties, to be approved by the commissioners, which approval shall be by writing indorsed upon said bond, conditioned for the faithful performance of the contract. But the consideration agreed to be paid in any contract entered into without giving public notice must be five per cent lower than the lowest responsible bid rejected. The work to be performed under any one contract shall not exceed one thousand lineal feet of harbor embankment or sea-wall. But the commissioners may enter into as many contracts at the same time as they deem expedient, provided the amount in the harbor improvement fund, together with the revenue estimated to accrue pursuant to section two thousand five hundred and twenty-seven of the Political Code shall be sufficient to meet the contract price of such work, after deducting the current expenses of the commission and the amount required for the erection and repair of the wharves, dredging the docks and slips, and for incidental expenses; but in no event shall the state be liable on such contracts for any deficiency in the harbor improvement fund. [Contracts for dredging channel.] Separate contracts may be entered into §§ 2537, 2538 (588) DREDGING CONTRACTS-BIENNIAL REPORT. [Pt. III. for the dredging of a channel for the reception of the rock required for construction of a harbor embankment; provided, that the advertising of [for] sealed proposals, the receiving and opening of bids, and the awarding of contracts required in this section, shall be complied with in the letting of such work in separate contracts. The commissioners may, if in their opinion it will be more economical, dredge, with the dredge belonging to the state, the channel. necessary for the reception of the stone used in the construction of the seawall. No contractor who enters into a contract to construct any portion of said sea-wall shall be required to commence the work in less than thirty days after the awarding of the contract. The board shall, at least ten days previous to the holding of any meeting, as provided in this section, notify the governor of the state, and mayor of the city and county of San Francisco, of the time and place and object of the meeting, and request them to be present and take part therein; and at said meeting the governor and mayor shall be deemed additional members of said board, with like powers and rights as the other members thereof; and no contract shall be entered into under the authority of this section without the consent of either the governor or mayor. Neither the commissioners, nor their appointees, shall be interested in any contract for the erection or repairing of any work upon the premises described in this article. [Felony.] Any commissioner or appointee who shall be interested is guilty of a felony. Every proposal shall be accompanied by a certified check for an amount equal to five per cent of the amount of such proposal, to be made payable to the order of the secretary of the board, conditioned that if the proposal is accepted and the contract awarded, and if the bidder shall fail or neglect to execute the contract and give the bond required within six days after the award is made, in that case said sum mentioned in said check shall be deemed liquidated damages for such failure and neglect, and shall be paid into the San Francisco harbor improvement fund, [Penalties and exclusion of Chinese labor.] And all contracts made pursuant to this title shall provide, under penalties of forfeiture of contract, at the option of the commissioners, that no Chinese or Mongolian labor shall be employed on the work. History: Enacted March 12, 1872; amended February 28, 1876, Code § 2537. BIENNIAL REPORT OF COMMISSIONERS TO GOVERNOR. The commissioners shall, on or before the first day of November, A. D. eighteen. hundred and seventy-seven, and every two years thereafter, make to the governor a full report of all moneys by them received and disbursed, stating, specifically, for what the same was received and for what purpose expended, and shall give a concise account of all improvements made, and the general condition of the property under their charge. History: Enacted March 12, 1872; amended February 28, 1876, Code § 2538. OFFICIAL MAPS OF SURVEYS. In case the lines of the waterfront of the city and county of San Francisco, or the lines of any of the streets of said city and county ending at said water-line, shall be changed by authority of this article, the commissioners shall cause to be made two accurate maps of survey, showing such change, which maps shall be dated, certified, and signed by the engineer of the board and commissioners, and one filed in the office of the recorder of said city and county, and the other in the office of the board. After being so filed, they shall be considered and treated as official maps by all courts of record in the state. History: Enacted March 12, 1872, founded upon § 8 Act March 5, 1864, Stats. 1863-4, p. 144; amended February 28, 1876, Code Amdts. 1875-6, p. 48. § 2539. POWERS AND DUTIES OF CHIEF WHARFINGER. The chief wharfinger shall keep an office in some convenient place upon the city front, between Market and Pacific streets, which shall be kept open every day (Sundays and holidays excepted) from seven a. m. till six p. m. The commissioners shall furnish a suitable building for an office, for the exclusive use of said chief wharfinger and assistant chief wharfinger, with suitable office furniture. It shall be the duty of the chief wharfinger to execute and enforce the rules and regulations which may be established by said board of state harbor commissioners pursuant to the provisions of this article. And it shall be the duty of all pilots, masters of tugboats, masters, owners, and consignees of vessels, to obey all lawful orders and directions of the chief wharfinger in relation to the stationing, anchoring, and removing of vessels under and pursuant to such rules and regulations. The chief wharfinger is empowered to determine cases of collision, by consent of all parties interested, and where damages do not exceed three hundred dollars the decision is final. History: Enacted March 12, 1872, founded upon § 9 Act March 5, 1864, § 2540. SAME. ADDITIONAL DUTIES IN RELATION TO ABANDONED WATER-CRAFT, ETC. In addition to the duties required to be performed by the chief wharfinger, by any section in this article preceding this section, he shall take in charge all abandoned water-craft and all boats picked up adrift, and secure the same; after which he shall advertise, for one week, in one of the daily newspapers printed in the city and county of San Francisco, giving the full particulars pertaining to the same, and request all parties interested to appear and establish their title or claim thereto, within twenty days from the last publication. If claimed within said period, such property shall be delivered to the owner on payment of all costs of removing, securing, and advertising the same. If not claimed within said period, or if the owner fails to pay the charges, such property shall be sold by the chief wharfinger, to the highest bidder, at public auction, and the proceeds, less the costs, shall be paid the owner, if claimed by him, or, if not claimed by the owner, shall be paid to the board of state harbor commissioners; but the owner shall be entitled to receive from said board the amount so paid, if he shall claim the same within one year from the date of said payment. For the purposes of this section the harbor of San Francisco shall be the tide-waters of the city and county of San Francisco, and the jurisdiction of the chief wharfinger shall, when performing the duties required by this section, be coextensive with such tide-waters. History: Enacted March 12, 1872, founded upon 9 Act March 5, 1864, Stats. 1863-4, p. 144; amended February 28, 1876, Code Amdts. 1875-6, pp. 48-49. § 2541-2545 (590) OBSTRUCTING NAVIGATION, ETC.-PENALTY. [Pt. III. § 2541. PENALTY FOR FAILURE TO OBEY ORDERS OF CHIEF WHARFINGER. If any master, agent, or owner of any water-craft shall refuse or neglect to obey the lawful orders or directions of the chief wharfinger in any matter pertaining to the regulations of said harbor, or the removal or stationing of any water-craft, such master, agent, or owner, so refusing or neglecting, is guilty of a misdemeanor, and, upon conviction thereof before any court of competent jurisdiction shall be punished by a fine not to exceed three hundred dollars, or by imprisonment not to exceed one hundred days in the jail of the city and county of San Francisco. History: Enacted March 12, 1872, founded upon § 10 Act March 5, 1864, Stats. 1863-4, p. 145; amended February 28, 1876, Code Amdts. 1875-6, p. 49. § 2542. PENALTY FOR OBSTRUCTING NAVIGATION. All persons are forbidden to deposit, or cause to be deposited, in the waters of the harbor of San Francisco, as described in the preceding sections, any substance that will sink and form an obstruction to navigation, without first obtaining permission, in writing, of the board of state harbor commissioners, which permission shall describe, with an ordinary degree of certainty, the place where such deposit may be made, and the secretary of the board shall record such permission. Any person violating the prohibition contained in this section is guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction, shall be fined not less than one hundred or more than five hundred dollars, or imprisoned in the jail of the city and county of San Francisco not less than thirty nor more than ninety days; provided, that nothing herein shall be construed to prevent or interfere with the construction of works now in progress in connection with the Oakland harbor. History: Enacted March 12, 1872, founded upon § 13 Act April 24, 1863 (Stats. 1863, p. 412), as amended by § 1 Act March 18, 1870, Stats. 1869-70, p. 333; amended February 28, 1876, Code Amdts. 1875-6, p. 49. § 2543. PENALTY FOR FAST DRIVING ON WHARVES. It shall not be lawful for any person to drive a horse or mule, or any vehicle drawn by one or more horses or mules, used in the removal of merchandise upon any wharf, pier, quay, landing, or thoroughfare, faster than a walk. Any person violating the prohibition in this section contained is guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined not less than twenty dollars, or imprisoned in the county jail of the city and county of San Francisco not less than ten days. History: Enacted March 12, 1872, founded upon § 13 Act April 24, 1863, § 2544. POLICE JUDGE TO HAVE JURISDICTION. The police judge's court of the city and county of San Francisco shall have jurisdiction to try all cases of misdemeanor arising under this article. History: Enacted March 12, 1872, founded upon § 14 Act April 24, 1863, 2545. QUALIFICATIONS OF OFFICERS. No person shall be appointed to any office by virtue of this article, nor be employed in the service of the board, unless he be a qualified elector of the state, nor shall any person be so appointed or employed who is interested in any vessel sailing or plying in and out of or on the inland waters of the bay of San Francisco, as owner, mortgagee, or otherwise, or as a stockholder in any company owning such vessels, or who is a consignee, the general or freight agent or manager of any such vessels, or agent or other employee of the owner of any such vessels, or who is engaged in the business of marine insurance, or of procuring such insurance, or who is engaged as a stevedore, in loading and discharging such vessels. No person not a citizen of the United States shall be employed either as a contractor or laborer on any work done under this article. And Eight hours shall constitute a legal day's work, whether performed directly for the state or for the person or persons receiving a contract under this article. History: Enacted March 12, 1872, founded upon § 15 Act April 24, 1863, Stats. 1863, p. 413; amended February 28, 1876, Code Amdts. 1875-6, p. 50; March 7, 1883, Stats. and Amdts. 1883, p. 52; March 21, 1887, Stats. and Amdts. 1886-7, p. 232. § 2546. OFFICIAL BONDS. All official bonds required to be given by authority of this article shall be to the people of the state of California. History: Enacted March 12, 1872, founded upon § 16 Act April 24, 1863, § 2547. SEAL. The board of state harbor commissioners shall procure and adopt a seal. History: Enacted March 12, 1872, founded upon § 12 Act March 5, 1864, Stats. 1863-4, p. 145; amended February 28, 1876, Code Amdts. 1875-6, p. 50. § 2548. PERSONS AND PROPERTY EXEMPT FROM TOLLS AND WHARFAGE. No tolls or wharfage shall be collected from travelers going on board or leaving any steamer or ferry, or upon their carriages or baggage, nor from any person or vehicle employed to transport or convey said baggage to or from any steamer or ferry; nor for empty packages returned to the wharf or any vessel; nor for domestic supplies for private individuals, intended for consumption and not for sale, weighing less than one hundred pounds. History: Enacted March 12, 1872, founded upon 8 18 Act April 24, 1863, § 2549. REVENUES TO BE IN COIN. The revenue collected and disbursed by authority of this article shall be gold and silver coin of the United States. History: Enacted March 12, 1872; amended February 28, 1876, Code $2550. SPECIAL POLICEMEN, WHARFINGERS AND TOLL-COLLECTORS TO BE. It is hereby made the duty of the board of police commissioners of the city and county of San Francisco to appoint such number of wharfingers and toll-collectors special policemen as such commissioners shall request, in writing, such police commissioners to appoint, and also shall furnish such special policemen the usual badge of office, which shall be paid for by the commissioners; such appointments must be renewed once in each year. The jurisdiction of such special policemen shall be coextensive with the premises described in this article, and their terms of office as such wharfingers and toll-collectors. History: Enacted March 12, 1872, founded upon § 21 Act April 24, 1863, |