CONCURRENT AND JOINT RESOLUTIONS AND CHAPTER I. Assembly Joint Resolution No. 2, relative to appropriation by congress for San Luis breakwater. [Adopted January 20, 1899.] WHEREAS, The growing importance of the commerce of the Pacific Coast demands the development of our various harbors; therefore, be it Luis breakwater. Resolved by the assembly, the senate concurring, That our Port San senators and representatives in congress be requested to use all honorable means to secure a sufficient appropriation to complete the Port San Luis breakwater without further delay. Resolved further, That the chief clerk of the assembly be instructed to transmit by mail a copy of these resolutions to each of our senators and representatives in congress. CHAPTER II. Assembly Concurrent Resolution No. 6, approving the charter of the consolidated city and county of San Francisco, a municipal corporation, in the state of California, voted for and ratified by the qualified voters of said city and county, at a special election held therein for that purpose, on the 26th day of May, 1898. [Adopted January 26, 1899.] WHEREAS, The consolidated city and county of San Francisco, Preamble. a municipal corporation, in the state of California, is now, and was at all the times herein referred to, a consolidated city and county containing a population of more than two hundred thousand inhabitants; and WHEREAS, At a special municipal election, duly held in said city and county on the twenty-seventh day of December, one thousand eight hundred and ninety-seven, in accordance with law and the provisions of section eight of article eleven of the constitution of said state, a board of fifteen freeholders, duly qualified, was elected in and by said city and county, and by the qualified electors thereof, to prepare and propose a charter for said city and county; and Preamble. WHEREAS, The same was, on the twenty-fifth day of March, one thousand eight hundred and ninety-eight, signed in duplicate by all the members of said board of fifteen freeholders, and was, on said day, returned, one copy thereof to the mayor of said city and county, and the other to the county recorder of said city and county; and WHEREAS, Such proposed charter was then published in two daily newspapers of general circulation in said city and county of San Francisco, to wit: "San Francisco Call" and "Daily Report," for more than twenty days, such publication in each instance having commenced within twenty days after the completion of said charter; and WHEREAS, Said charter was, within not less than thirty days after the completion of said publication, submitted by the mayor and board of election commissioners of said city and county of San Francisco, to the qualified electors of said city. and county at a special election, previously duly called and thereafter held therein, on the twenty-sixth day of May in the year one thousand eight hundred and ninety-eight; and WHEREAS, The returns of said election were duly canvassed by the said mayor and board of election commissioners of said city and county of San Francisco; and WHEREAS, At said election a majority of such qualified electors of said city and county, voting at such special election, did vote in favor of and ratify said charter so proposed; and WHEREAS, Said mayor and board of election commissioners, after canvassing said returns, duly found and declared that a majority of such qualified electors voting at said special election had voted for and ratified said charter; and WHEREAS, The same is now submitted to the legislature of the state of California, for its approval or rejection as a whole, without power of alteration or amendment, in accordance with the provisions of section eight, of article eleven, of the constitution of said state; and WHEREAS, The said charter so ratified is in the words and figures following, to wit: Title. Name. CHARTER PREPARED AND PROPOSED FOR THE CITY By the Board of Freeholders elected December 27, 1897, in pursuance of the provisions of Section 8, Article XI, of the Constitution of the State of California. ARTICLE I. BOUNDARIES, RIGHTS AND LIABILITIES. SECTION 1. The municipal corporation known as the city and county of San Francisco shall remain and continue a body politic and corporate in name and in fact, by the name of the city and county of San Francisco, and by that name shall have perpetual succession; may sue and defend in all courts and places and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy real and personal property; receive bequests, gifts and donations of all kinds of property, in fee simple, or in trust for charitable and other purposes, and do all acts necessary to carry out the purposes of such gifts, bequests and donations, with power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, or trust. SEC. 2. The boundaries of the city and county of San Fran- Bounda cisco are hereby declared to be those set forth in section thirty- ries. nine hundred and fifty of the Political Code of California. SEC. 3. The city and county of San Francisco shall con- Rights. tinue, under this charter, to have, hold, and enjoy all property, rights of property, rights of action of every nature and description of the existing municipality, and is hereby declared to be the successor of the same. SEC. 4. Suits, actions, and proceedings may be brought in Liabilities. the name of the 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, the city and county, whether made or arising or accruing before or after the adoption of this charter. All existing suits, actions, and proceedings in the courts or elsewhere, to which the city and county is a party, shall continue to be carried on by or against the city and county. SEC. 5. No recourse shall be had against the city and county for damage or loss to person or property suffered or sustained by reason of the defective condition of any sidewalk, street, avenue, lane, alley, court or place, or by reason of the defective condition of any sewer, or by reason of any defective drainage, whether any of said defects originally existed, or whether they were occasioned by construction, excavation or embankment; nor shall there be any recourse against the city and county for want of repair of any sidewalk, street, avenue, lane, alley, court or place, or by want of repair of any sewer; nor shall there be any recourse against the city and county for damage to person or property suffered or sustained by reason of accident on any sidewalk, street, avenue, lane, alley, court or place, or by falling from any embankment thereon or into any excavation therein; but in any such case the person or persons on whom the law may have imposed the obligation to repair such defect in the sidewalk, street or public highway, or in the sewer, 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. |