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Legislation § 2520. 1. Added by Code Amdts 1875-76, p. 32. 2. Amended by Stats. 1883, p. 48. 3. By Stats. 1911, p. 313.

§ 2521. Bonds. Appointment of assistants. Term of office. The president of the board must give an official bond in the sum of fifty thousand dollars, and each of the other commissioners in the sum of fifty thousand dollars, which must be approved by the governor and state treasurer by written indorsement thereon, and within fifteen days after the date of their respective commissions must be filed and recorded in the office of the secretary of state, together with the official oath prescribed by law. The commissioners shall not be sureties for one another, nor shall any officer of the state, nor any officer or member of the legislature, be accepted as surety on said bonds. As soon as the commissioners first appointed under this act have qualified, the offices of the present commissioners shall be and are hereby declared to be vacant. The board, on entering on the duties of their office, must appoint the following officers, viz.: A secretary, an assistant secretary, an attorney, a chief wharfinger, and such number of wharfingers and collectors as they deem necessary. Such officers shall hold for a term of four years from the dates of their respective appointments, but may be removed by the board at any time, after due investigation, for causes affecting their official character or competency. The order for such removal, stating distinctly the causes therefor, must be entered on their minutes. In case of a vacancy in such offices by the expiration of a term, or for any other cause, the board must fill the same by an appointment for four years. [Amendment approved 1907; Stats. 1907, p. 224.]

Official bonds:

1. Generally: Ante, §§ 947-987.

2. Required by this article to be to the people of state: Post, § 2546.

Ex officio members of board: Post, § 2531.

Official oath: Ante, §§ 904-910.

Seal of board: Post, § 2547.

Qualifications of officers: Post, § 2545.

Legislation § 2521. 1. Enacted March 12, 1872; based on

Stats.

1863, p. 406, § 1, as amended by Stats. 1863-64, p. 138, § 1. 2. Amended by Code Amdts. 1875-76, p. 32. 3. By Stats. 1883, p. 49. 4. By Stats. 1907, p. 224.

§ 2522. Employees and their duties. The secretary must keep the office of the board open every day, legal holidays excepted, from nine o'clock a. m. till four o'clock p. m. He shall safely keep and be responsible for all moneys paid into the office, and for all the books and papers of the board, attend their meetings and keep a perfect record of their proceedings, with the names of the commissioners present thereat. He must keep in proper books an account of all moneys received and paid, and on or before the fifth day of each month must send to the state controller a statement thereof, under oath, for the preceding month, showing the sources from which such moneys were received, and the purposes for which they were paid, and must also report to the controller the amount paid to the state treasurer for the month covered by such statement. He must enter daily, in proper wharf-books, the returns made by the wharfingers and collectors, and, on the last day of each month, settle the accounts of each of them, and balance the said books

as soon as possible thereafter. When money is received from any source, he must retain a stub corresponding in number, date, and amount, with the receipt given therefor, and he must require the person paying it to sign said stub. He must record, at length, all contracts and agreements made by the board, and keep a record of all personal property purchased, and its cost; and in case any be sold, the name of the purchaser, date of sale, and the price received therefor. Before entering on the duties of his office, he must give an official bond in the sum of fifty thousand dollars, and take and subscribe an official oath. Said bond must be approved by the board, by written indorsement thereon, and be filed with such oath in the office of the secretary of state. The assistant secretary shall attend at the office during office hours, and must perform such service as may be required of him by the secretary of the board. Before entering on the duties of his office, he must give an official bond in the sum of twenty thousand dollars, and take and subscribe an official oath. Said bond must be approved by the board by written indorsement thereon, and be filed with such oath in the office of the secretary of state. The attorney shall attend to the prosecution and defense of all suits, and render such legal service as may be required of him by the board. The chief engineer must prepare such plans and specifications as the board may direct, and if adopted, and the work ordered by the board to be done, must superintend its construction. He must give constant attention to the condition of the sea-wall and thoroughfare, of the sheds, wharves, piers, and landings, of the streets or parts thereof under the jurisdiction of the board, and when repairs are needed, must forthwith report to the board, in writing, their nature and extent, and if ordered by the board, must have the same done at once. He must keep himself informed as to the depth of water in the various docks and slips, and report to the board, from time to time, what dredging is required. He must keep a register, properly indexed, showing the date, place, and character of every piece of work done and dock dredged, when begun and when finished, with proper descriptions and drawings. He must take and subscribe an official oath, and give a bond in the sum of ten thousand dollars, to be approved by the board by written indorsement thereon. Said bond and oath must be filed in the office of the board. The chief wharfinger must station, berth, and regulate the position of vessels in the docks and harbor, and cause them to remove from time to time, and from place to place, as the general convenience, safety, and good order may require. Subject to such regulation, he must assign berths to vessels in the order of their application after entering the harbor. He must supervise the wharfingers, and report to the board all cases of failure to perform their duties, and require all shipmasters, consignees, pilots, and masters of towboats to conform to the regulations of the board. He must require the docks, slips, wharves, piers, and other premises under the jurisdiction of the board to be kept free of all obstructions, and when parties fail to obey his order to remove the same, he must forthwith report the fact to the board, and execute their order in relation thereto. He must take and subscribe an official oath, and give such official bond as the board may require, subject to their approval, to be indorsed thereon. Said bond and oath must be filed in the office of the board. The wharfingers shall have supervision of the wharves to which they are assigned, and must require the regulations of the board

and orders of the chief wharfinger to be respected and obeyed, and good order be preserved thereon. The collectors must collect the revenues in such manner as the board may direct, and must daily account for and pay all moneys into the office. The wharfingers and collectors must each take and subscribe an official oath, and give such official bond as the board may require, subject to their approval, to be indorsed thereon; said bond and oath to be filed in their office. All the above-named officers must perform such other duties pertaining to their positions as the board may from time to time prescribe. The board may, in its discretion, employ an assistant to the chief engineer, an assistant to the chief wharfinger, a draftsman, a superintendent of dredgers, and such men on the dredgers, scows, towboats, and fire-boats, and in doing urgent repairs, as they deem advisable, and prescribe their bonds, duties, and compensation; such employees shall hold their positions and be removable at the pleasure of the board; but no officer or employee of the board shall be removed or otherwise prejudiced for refusing to contribute to any political fund, or to render any political service; nor shall the board, collectively or individually, use their official influence to coerce the political action of any such officers or employees. Nor shall the state dredgers be employed to dredge slips not under the control of the state, nor private work of any character. [Amendment approved 1887; Stats. 1887, p. 222.]

Stats.

Bonds of officers of harbor commissioners: See post, § 2577. Legislation § 2522. 1. Enacted March 12, 1872; based on 1863, p. 407, § 2. 2. Amended by Code Amdts, 1875-76, p. 33. 3. By Stats. 1883, p. 50. 4. By Stats. 1887, p. 222.

§ 2523. Actions for property, money, and removal of obstructions. The commissioners may institute and prosecute to final judgment, actions in the name of the people of the state of California, for the possession of any portion of the premises described in this article, situate between the inshore line, or line nearest the mainland, and the line offshore six hundred and fifty feet therefrom, and parallel therewith, or for the annulling of any lease or contract entered into by the commissioners in behalf of the state, by virtue of any general or special law, or for the collection of any money due, or that may become due the state by authority of this article; and the commissioners may also institute and prosecute to final judgment, actions for the removal of all unlawful obstructions in or upon said premises, or for the removal of all unlawful obstructions in or upon the streets through the center of which the inshore line, or line nearest the mainland, bounding said premises, runs. They may also remove any unlawful obstructions thereon after the owner, possessor, or occupant of such obstructions shall have five days' notice, in writing, to remove the same, either served on such owner, possessor, or occupant, or posted upon said obstruction by the chief wharfinger, assistant wharfinger, or wharfinger. [Amendment approved 1876; Code Amdts. 1875-76, p. 35.]

Legislation § 2523. 1. Enacted March 12, 1872; based on Stats. 1863, p. 407, § 2, as amended by Stats, 1863-64, p. 139, § 2. 2. Amended by Code Amdts. 1875-76, p. 35.

§ 2524. Jurisdiction of board. The commissioners shall have possession and control of that portion of the bay of San Francisco, together

with all the improvements, rights, privileges, easements, appurtenances connected therewith, or in any wise appertaining thereto, for the purposes in this article provided (excepting such parcels thereof as are held by the lessees, or their assigns, on valid leases, which parcels so held it is hereby made the duty of the commissioners to take possession of, together with the improvements thereon, as soon as said leases terminate, and also to see that the lessees, or their successors or assigns, do not exercise rights and privileges that are not conferred by said leases), bounded as follows, to wit: Commencing at the point where the easterly line of the Presidio reservation intersects the water-line front, as established by the board of state tide-land commissioners; thence easterly along said water-line front to the center of Webster Street; thence southerly along the center of Webster Street to the center of Lewis Street; thence easterly along the center of Lewis Street to the center of Polk Street; thence southerly along the center of Polk Street to the center of Tonquin Street; thence easterly along the center of Tonquin Street to the center of Larkin Street; thence southerly along the center of Larkin Street to the center of Jefferson Street; thence easterly along the center of Jefferson Street to the center of Powell Street; thence southerly along the center of Powell Street to the center of Beach Street; thence easterly along the center of Beach Street to the center of Dupont Street; thence southerly along the center of Dupont Street to the center of North Point Street; thence easterly along the center of North Point Street to the center of Kearny Street; thence southerly along the center of Kearny Street to the center of Francisco Street; thence easterly along the center of Francisco Street to the center of Montgomery Street; thence southerly along the center of Montgomery Street to the center of Chestnut Street; thence easterly along the center of Chestnut Street to the center of Sansome Street; thence southerly along the center of Sansome Street to the center of Lombard Street; thence easterly along the center of Lombard Street to the center of Battery Street; thence southerly along the center of Battery Street to the center of Greenwich Street; thence easterly along the center of Greenwich Street to the center of Front Street; thence southerly along the center of Front Street to the center of Vallejo Street; thence easterly along the center of Vallejo Street to the center of Davis Street; thence southerly along the center of Davis Street to the center of Pacific Street; thence easterly along the center of Pacific Street to the westerly line of East Street; thence southerly along the westerly line of East Street to the center of Folsom Street; thence westerly along the center of Folsom Street to the center of Steuart Street; thence southerly along the center of Steuart Street to the center of Harrison Street; thence southerly on a direct line with said Steuart Street two hundred and fifty-three feet nine inches, to the center of a street the name of which is not on the map; thence at right angles westerly along the center of said street to the center of Spear Street; thence southerly along the center of Spear Street to the center of Bryant Street; thence westerly along the center of Bryant Street to the center of Beale Street; thence southerly along the center of Beale Street to the center of Brannan Street; thence westerly along the center of Brannan Street to the center of First Street; thence southerly along the center of First Street to the center of Townsend Street; thence westerly along the center of Townsend Street five hun

dred and fifty feet, to the center of a street the name of which is not on a map; thence at right angles southerly along the center of said street to the center of King Street; thence westerly along the center of King Street to the center of Second Street; thence southerly along the center of Second Street to the center of Berry Street; thence westerly along the center of Berry Street to the center of Third Street; thence southerly along the center of Third Street to the northerly line of Channel Street; thence westerly along the last-mentioned line to the easterly line of Fifth Street; thence southerly along said last-mentioned line to the southerly line of said Channel Street; thence easterly along said lastmentioned line to the center of Kentucky Street; thence southerly along the center of Kentucky Street to the center of Fourth Street; thence along the center of Fourth Street to the center of Louisiana Street; thence southerly along the center of Louisiana Street to the center of El Dorado Street; thence westerly along the center of El Dorado Street to the center of Illinois Street; thence southerly along the center of Illinois Street to the center of Solano Street; thence easterly along the center of Solano Street to the water-front line established by the board of state tide-land commissioners; thence southerly along said last-mentioned line to the center of Tulare Street; thence westerly along the center of Tulare Street to the center of Texas Street; thence southerly along the center of Texas Street to the center of Islais Street; thence easterly along the center of Islais Street to the center of Waterfront Street; thence southerly along the center of Waterfront Street to the center of India Street; thence westerly, southerly and easterly along the center of said India Street to the center of Waterfront Street, to the center of China Street; thence westerly along the center of China Street to the center of Third Avenue; thence southerly along the center of Third Avenue to the northerly line of the property of the California Dry Dock Company; thence easterly along said last-mentioned line to the waterfront established by the board of state tide-land commissioners; thence southerly along and around said dry dock company's land to the southeasterly corner thereof; thence westerly along the line of said land to the center of Waterfront Street; thence southerly along the center of Waterfront Street to the center of Nineteenth Avenue; thence westerly along the center of Nineteenth Avenue to the center of Dock Street; thence southerly along the line of Dock Street to the center of Twentythird Avenue; thence westerly along the center of Twenty-third Avenue to the center of H Street; thence southerly along the center of H Street to the center of Twenty-fourth Avenue; thence easterly along the center of Twenty-fourth Avenue to the center of Waterfront Street; thence southerly along the center of said Waterfront Street to the southern boundary of the city and county of San Francisco; thence along the southerly, easterly and northerly boundary lines of said city and county to a point due north of the place of commencement, and thence south to the place of commencement. But no harbor embankment or sea-wall shall be constructed outside of the following named points and lines, to wit: Commencing at the point where the eastern boundary line of the Presidio reservation, extended in a northerly direction, intersects the three-fathom contour line shown upon the chart of the United States survey, and running thence in an easterly and southerly direction, upon straight or curved lines, in such a manner as to approach as near as

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