HomeMy WebLinkAboutSenate Journal 1911 206 SENATE Joia:AL [Jan. 16. 1911
STATE OF CALIFORNIA.
COUNTY OF BAS LUIS OaISPO. SS
CITY OF SAS Lura OBISPO
i E. W et.sax. president of the board of trustees of the city of San Luis
Obispo, State of California, do hereby certify that I now am and at all the times
herein mentioned was the duly elected, qualified and acting president of said board
of trustees of the city of San Luis Obispo
That Warren M. John, Howard M Payne, A McAlister F L. Smith J. F.
Hayes, W. A. Kesler. James Blackburn. Geo. H Andrews, A. L. Dutton, Forrest
E Brono, W Zit Stover. K M Smith, S. D Ballow. L. F Binsheimer and W.
H Metz, a majority of whose names appear signed to the foregoing proposed
charter and the alternative proposition were and each of them was on the 11th
day of April,1910,duly elected by the qualified voters of said city as a board of free-
holders to prepare and propose a charter for said city; that each of the persons so
elected was a freeholder and nes at the time of said election, and had been con-
tinuously for more than five (5) years immediately prior thereto a qualified elector
of said city of San Luis Obispo, that said board of freeholders in accordance with
law prepared and proposed a charter and prepared and proposed the foregoing
alternative proposition for said city of San Luis Obispo in duplicate; that the
foregoing is a full, true and correct copy of said proposed charter for said city of
San Luis Obispo, including the said alternative proposition which were prepared
and proposed by said board of freeholders. one copy of which said proposed charter
and of said proposed alterm rte proposition was duly returned to me. as president
of the said hoard of trustees of the city of San Luis Obispo and the other copy
thereof was duly returned to and filed with the recorder of the county of San
Lou Obispo, all within ninety (90) days after said election- as required by Sec-
don 8 of Article 11 of the Constitution of this State. that such proposed charter
and the said alternative proposition were then published in the "Morning Tribune"
(the same being a dady newspaper of general circulation in said city) for more
than twenty (20) days and the first publication thereof was made within twenty
days after completion of said proposed charter and said alternative proposition• that
within thirty (30) days after the publication of said proposed charter and the
said alternative proposition as aforesaid and as required by said Section S of Article
11 of said Constitution to nit--On the 12th day of September. 1910, said proposed)?
charter and said alternative proposition were•snbmitted-at a-special election duly
(held-and-called-therein-for the-purpose of ratifying or rejecting said proposed
charter and the alternative proposition submitted therewith, that by a majority
of the votes of the qualified electors voting at said election, said proposed charter
was ratified as a whole and said alternative proposition therein contained hems
voted upon separately was rejected by a majority of such votes: that the returns
of said election were duly esnvaaed by the board of trustees of said city of San •
Lam Obispo.on the 19th day of September. 1910, and the result thereof declared as
above set forth, that in all matters and things pertaining to said proposed charter
and the said alternative proposition the provisions of Section 8 of Article 11 of the
constitution and the laws of the State of California pertaining to the adoption
of said proposed charter and of said alternative proposition hate in every particular
been fully complied with
lx WryNESs Wnffi.or. I hereunto set my hand and cause the corporate seal of
said city of San Luis Obispo to be affixed, this Mid day of December 1110
a W. CLARK
[SEAT I President of the Board of Trustees of the
City of San Lula Ohiapo.
Attest W. .7 MILES
City Clerk and ex officio Clerk of the Board of Trustees
of the City of San Luis Obispo.
AND WHEREAS said proposed charter has been duly presented and submitted
to the Legislature of the State of California for approval or rejection without power-
of alteration or amendment in accordance with Section 8 of Article 11 of the Con-
stitution of the State of California, now therefore, be it
Resalied by the Senate of the State of California. the Assembly thereof con-
eurnng (a majonty of all the members elected to each house voting for the adoption
of this resolution and concurring therein) that said charter of the city of San Lois
Obispo as presented to, adopted and ratified by the qualified electors of said city be.
and the same is hereby, approved as a whole as and for the charter of the said city
of San Lois Obispo.
Senate concurrent resolution read
The question being upon the adoption of the Senate concurrent
resolution
The roll was called and Senate Concurrent Resolution No 4 adopted
by the following vote
,Tex—Senator Azec Behan Bell. Bills Black. Bunton Burnett, Caminetti,
Campbell. Cassidy Estudillo Finn Gates )lima Holohnn Hurl, Juilliard, Larkins.
Dowse wCOO8Ie
.
i.
.
Jan. 16, 1911] SENATE JoURICAL. 207
tarn. Martinelli. Regan, Roseberry, Rush. Sanford, Shanahan, Stetson, Thompson,
Tyrrell Walker, Welch.and Wolfe-31
Nors---None
Senate Concurrent Resolution No 4 ordered engrossed and trans-
mitted to the Assembly
Senate Bill No 115—An Act to amend the Political Code by adding
to Article VIII of Chapter IV, Title II. Part IV thereof, a new section,
to be numbered section four thousand and eighty-eight a, relating to
the issuance of county bonds
Read third time
The question being on the passage of the bill
The roll was called, and Senate Bill No. 115 passed by the following
vote
Arts--Senators Atey, Behan Bell Bills, Birdsall Black. Boynton, Bryant Bur-
tett. Caminetti. Campbell. Cassidy Curtin lstudillo Finn Gates, Hans. Ilurd,
ImBnrd, Larkins. Lewis, Martinelli, Regan Roseberry, Rush, Shanahan, Stetson,
Strobndge, Thompson, Tyrrell, Walker, belch, Rolfe. and Wright—34
Noss—None.
Title read and approved
Bill ordered transmitted to the Assembly
SECOND READING OF BILLS
Senate Bill No 43—An Act to amend an Act entitled "An Act con-
cerning dependent and delinquent minor children, providing for their
tare, custody and maintenance until twenty-one years of age, providing
for their commitment to the Whittier State School and the Preston State
School of Industry, and the manner of such commitment and release
therefrom, establishing a probation committee and probation officers to
deal with such children, and fixing the salaries of probation officers,
providing for detention homes for said children, providing for the
punishment of persona responsible for, or contributing to. the depend-
ency or delinquency of children; and giving to the Superior Court
jurisdiction of such offenses, and repealing inconsistent Acts." ap-
proved March 8, 1909, by amending Section 10 j, relating to probation
officers in counties of the eighth, tenth,sixteenth and seventeenth classes,
and providing for an assistant probation officer in counties of the eighth
days
Bill read second time, ordered engrossed. and on file for third reading
MOTION
Senator Wolfe moved that Senate Bill No 43 be recalled from
engrossment, and referred to Committee on County Goiernment
Motion carried.
SECOND READING OF BIl.LS—(RESUMED).
Senate Bill No 133—An Act to amend section seven hundred and
eighty-nine of an Act entitled "An Act to establish a Civil Code."
approved March 21, 1872. relating to termination of estates.
Bill read second time, ordered engrossed, and on file for third reading
INTRODUCTION AND FIST READLNO OF BILLS, ETC—(OUT OF ORDER)
By Senator Curtin Senate Bill No 372—An Act to amend sections
six hundred eighty and six hundred eighty-one of the Political Code,
Dorms t„Googlc
670 SENATE JOURNAL [Feb 7,1911
THIRD READING OF SENATE BILL—(OUT OF ORDF2)
SENATE CO's CRRENT RLSOI tITION No 11
Approving the charter of the city of San Luis Obispo, in the county of San Lau
Obispo, Stute of California, which was toted for and ratified by the qunlined
electors of said city at a special municipal election held therein for that
purpose on the 12th day of September, 1910
\{HEREA9 the cat of San Luis Obispo. in the county of Son Luis Obispo. Scott
of California is now and at all the tunes herein referred to was a city containing
a population of niore than 3.100 and less than 10000 inhabitants, and
O nisaas at an election held in said city on the 11th day of April. 1910 in
accordance with law and the provisions of Section 8 of Article 11 of the Consnte
non of the State of California, a board of fifteen (15) freeholders, duly qualified
was duly elected In and by said city and by the qualified electors thereof to pre-
pare and propose a charter for said city which said board of fifteen (15) free-
holders did, within ninety (DO) days next after such election. prepare and propme
a charter for said city, which said charter was on the Sth day of July, 1910
signed In duplicate by a majonty of the members of said board of fifteen (151
freeholders and was on the 9th day of July. 1910 returned, one (1) copy thereof
to the president of the board of trustees of said city (be being the chie exterior/
officer of said city) and the other cow thereof to the county recorder of the
county of San Luis Obispo (within which said city is situated) and filed the
same with said county recorder, and
WHERL 19 such proposed charter was thereafter published in the 'Morning
Tribune," a daily newspaper printed and published, and of general circulation m
said city of San Lure Obispo and the said charter being published as aforesaid far
a period of more than twenty (20) days. the first publication thereof being
made within twenty (20) days after the completion of said proposed charter, and
IVIi UREA 9 stud charter was within thirst (30) dais after the completion of
said publication submitted by the board of trustees of the city of San Lois Obupo
to the qualified electors of said cur at a special election pretiousit, duly sail
regularly called and thereafter held m said city on the 12th day of September.
1910 and
\Viii REA., at said last mentioned sircml election a m,Jonty of said qu9hfied
electors of the city of San Luis Obispo, voting at said special election voted in
favor of the ratification of said charter as proposed as a whole and voted to
reject the alternative proposition submitted at said election, which alternatire
proposition was not chosen by the majority of the qualified electors voting at said
election, and
\\'I,EREA9 the board of Hastens after cantaising said nqurns of said special
election duly found. determined, and declared that the majority of said qualified
electors voting at said special election had toted for ratifying said charter as e
whole as above specified, and
\CHERt AN the same is now submitted to the legislature of the State of Cnliforiu
for its approval or rejection as a whole without power of alteration or amendment
In accordance with the provisions of Section 8 of Article 11 of the Constitution
of the State of California, and
ViiEREA9 said charter was ratified in the words and figures following. to It
CHARTER OF T11B CITE OF SAN LUIS OBISPO PREPARED AND PROPOSED ST THt
BOARD OF FREEHOLDERS El ECTED APRIL 1L 1910, IN PURSUANCE OF THE PRO-
Pis IONS OF SECTION 3, ARTICLE XI OI TIIE CONSTITUTION OF THE STATE OF
CALIFOaa IA
Article I Name and rights of the city
Article II Bou oda ries
Article III Electite officers.
Article IV The mayor
Article V Executive and administrnttte departments.
Article VI The council
Article VII Powers of the city and of the council
Article \'III City clerk
\rticle IX Finance and taxation
Article X. Public works and supplies
Article XI Elections
Article XII. Recall of elective officers.
Article XIII The initiative.
Article XIV The referendum
Article XV The public schools
Article XVI Franchisee
Article XVII Miscellaneous
DxareawGoogle
Feb 7, 1911] SEN tTE JOURNAL 671
ARTICLE 1
NAME AND BIGHTS OF THE CITE
SEfltor 1 lame of fsty The municipal corporrdon now existing and
known as the city of San Luis Obispo shall remain and continue a oody politic
and corporate in name and in fact by the name of the city of San Luis Obispo.
and by such name shall have perpetual succession
SEC 2 Rights and Liabilities The cm of San Luis Obispo shall rem un
vested with and continue to have, hold and enjoy all property, rights of property
and nghts of action of every nature and description now pertaining to this
municipality and is hereby declared to be the successor of the same It shall be
subject to all the liabilities that now exist against this munimpalitj
Orrin e I I
BOUNDHHIES
SEC 3 Boundaries The boundaries of the city of San Luis Obispo shall
be as follows
Commencing at a stone 34"x 14"x 10" on the south bound'ry of township
10 south range 12 east N I) >I 20 ehvns east of confer in sernmis sad 30 —
the southeast corner of the city of San Luis Obispo. thence north on a true line
at 015 chains cross a fence bears north 30 deg east south 30 deg west, at 930
chains i sycamore 4S'' in iliumet.i is lick- 1.1114 at 0 III chin, alto.. it sin sin
links wide runs south 30 deg west at 1590 chains cross a fence east and west
at 24 50 chains cross a creek runs south 40 deg west, at 37 60 chains n creek 10
links wide runs southwest from north 10 deg cast. at 027 chains cross a fence
east and west at 5050 chains the .Arrovo de Los Laurelea 00 links wide water rn
pools runs southwest at 54 35 chains intersect the south boundary of Ileleissigues
addition at a post in knee bearing north IPA deg east, south 091 deg west, a
laurel tree 30" in diameter the southeast corner of said addition bears north 09
deg 20' east 532 chains distant at 6410 chains a post on line in fence bearing
nonh .13 deg nest and south ..t dig a-i.r b n, of ii.iem•s ild•nn li it 77 10
chains cross a ovine runs south SO deg west ascend at 81 0 chains cross a ravine
runs w cot nt 4i 4) .hams n ,.trim s Inks wed. runs It W d,-s weal isis•nd
spur. at 9710 chains top of spur descend a post in stone mound, at 10750 chains
a deep nn ins rims west inter Ilnt 'it 111.25 chains ravine runs southwest ns•end
at 12100 chains top of spur at 12650 chins a ravine runs S. 40 deg west at
12800 chains top of high spur descend at 13400 chains a deep ravine runs west.
at 14000 chains to post northeast corner of city, in mound of earth thence west
on a true line along the north boundary of the city, at 500 chains cross a fence
at foot of steep descent nt S 00 chin. enter valley northwest and snulhensr rut
1100 chains enter willows along San Luis creek at 1200 chains cross creek Z'
links wide runs south SO deg west at 1400 chains lease willows a house is 14
chains north. at ".3.00 chains cross a gulch runs south. at 2305 chains a stone
4"x 14"x 10" in line of a fence bears uortheast sad southwest on southeast side of
road on continuation of 5fonterej street at 2_462 chains a fence bean northeast
and southwest leave road at 1,55 chains a 0 no- bears north au I south corner
of fence is 196 links south at 3513 chains cross a fence bean north and south,
at 3900 chains a gulch runs south, at 4380 chains a fence bears north and south
enter Grand avenue at 4530 chains a fence bears north and south, leave Grand
avenue, at 47 75 chains a gulch runs southeast, at 54 90 chains a post in a fence
(bean north and south), the corner of a fence bearing east and west is 426 links
south at 56.70 chains top of knoll, at 0120 chains Mr A. R Hathaway house
is 7 chains south, at 05 0 chains a gulch runs southwest. at 8050 chains a gulch
runs south 20 deg west at 10000 chains a gulch runs south at 10450 chains
to old Garden creek 80 links wide runs south. at 10615 chains on the west side
of road beanne north and south in line of fence a post—the fence bearing east
and west is 500 chains south. at 12700 chains cross Stenner creek 20 links wide
runs south 20 deg east. at 13050 chains cross a gulch runs north, at 14000 chains
to stone 3"114":7" northwest corner of the city thence south on a true line at
520 chains cross a fence bean east and west Enter Steoaer's field, at 1650
chains crow n ravine runs east ascend 1.i 447: ehvns intersect the line between
Steuner and Felix a post at 4720 chains top of spur of Cerro Obispo at 5200
chains descend at 6491 chains intersect the line between J T Felix and Ventura
Fernandes at past in fence (bears east and west) at 8900 claims cross a gulch runs
southeast. at 10495 chains cross a fence east and west enter Harford's addition.
at 1:910 chains to intersection with line of Laguna Rancho and stone 34"x 14"x S-
corner to city thence along Laguna line south 43 deg 2')' east 1610 chains to
intersection with south bound•ry of township 30 south range 12 E \1 11 \I at stone
3"x 12"x 9", the southwest corner of the citj thence along the south boundary
of the city north 89 deg 25' east on a true line at 2325 chains n post in a fence
(bean north and south) on the east line of Harforda addition 1.10 links north of
Booth line of said addition, at 62.90 chains a post in fence (bean north and
south) on the easterly line of R L. Beehee's land The south line of Itehee
and Phillip's addition is 388 links south, at 83,85 chains a post in a fence (bears
OrtisiGoosIC
672 SENATE JouRw% . [Feb 7,1911
northwest and southeast) on westerly line of road on the continuation of Broad
street The southeast corner of C. H. Phillip's land beam southeast 444 hats
distant. at 103.24 chains a poet in a fence (banns north and south) on the east
line of H. S. Rembaugb's land 347 links north of south Ime of said lands. at 12&00
chains to the southeast corner of the city, the point of beginning. All the pat.
aboi a mentioned are of redwood 4"x 4"x 4 feet in height, marked "S L. 0 City
Limit"
ARTICLE III
O.XCnvg OFFICERS.
SEC 4. The Elective Officers The elective officers of the city shall be a
mayor, a city clerk, four councilmen and four school directors.
The council shall consist of the mayor and four councilmen, each of whom.
Including the mayor, shall have the right to vote on all questions coming before
the council
The board of education shall consist of four school directors and the council
man appointed to be commissioner of finance and revenue, each of whom. including
said commissioner, shall have the right to vote on all questions coming before the
board
SEC 5 How Elected The mayor, city clerk, councilmen and school director,
shall be elected at the general municipal election on a general ticket from the city
at large
SEC 6. Eligibility of Mayor, Clerk and Councilmen To be eligible for the office
of mayor, city clerk or councilmen, o person must ben citizen of the United States
and a qualified elector of the State of California and of the city of San Lula
Obispo. e
Sec 7 Eligibility of School Directors. To be eligible for the office of school
director, a person must be a citizen of the United States of the age of twenty-one
years and a resident of the city of San Luis Obispo._
Sec.-8- Vacancies is-Ofl1S of-Mayor, Clerk or Councilman. If a vacancy shell
occur-in:the"ofiice•of_mayor,city'clert.or'councilman,-_the'munmI shall"appoint-s-
versan_to-fiflr nelvvacaneJ.-
Sec ii Vacancy in Office of School Director If a vacancy shall occur in the
office of school director the board of education shall appoint a person to fill such
vacancy
SEC. 10 Term of Office of Mayor and Clerk The mayor and city clerk shall
each hold office for n term of two years from and after the 15th day of May after
his election, and until his successor is elected and qualified
SEC 11 Term of Office of Councilmen The councilmen shall hold office for
a term of four years from and after the 15th day of May after their elective and
until their successors are elected and qualified Provided, that the councilmen first
elected under this charter shall, at their first meeting, so classify themselves by lot
that two of them shall hold office for two years and two of them for four years
At each general municipal election after the first under this charter, there shall
be elected two councilmen
Sec 12 Term of Office of School Directors The school directors shall hold
office for a term of four years from and after the 15th day of May after their election
and until their successors are elected and qualified Provided, that the school
directors first elected under this charter shall. at their first meeting, so classify
themselves by lot that two of them shall hold office for two years and two of them
for four years
At each general municipal election after the first under this charter there shall
be elected two school directors
Six 13 Bonds The mayor, city clerk and each councilman shall, before
entering upon the duties of his office, give and execute to the city a bond with a
surety company as sole surety, the mayor in the penal sum of five thousand dollar,.
the city clerk in the penal sum of seven thousand five hundred dollars, and each
councilman in the penal sum of five thousand dollars. The city council may require
an additional bond of any of the abo.e officers if deemed necessar
Every bond shall contain the condition that the pnocipal will well, truly, honestly
and faithfully perform the duties of his office The bonds of the mayor must be
approved by the council and the bonds of the city clerk and the several councilmen
must be approved by the mayor
The council shall fir the amount of bonds and the methods of their approval to
be required of appointive officers
The approval of the official bonds must be endorsed thereon and signed by the
officer or officers approimg the same All bonds, when approied. shall be filed with
the city clerk All the pro'tsiooa of say Ins of this state relating to official bonds.
not inconsistent with this charter, shall be complied arth
SEC 14 Oath of Office Eery officer of the city. before entering upon the
. duties of his office, shall take the oath of office as provided-for in the constitution
of this state and shall file the same with the city clerk
SEC. 15 Salanes. The mayor shall receive an annual salary of six hundred
dollars, payable in equal monthly installments
The city clerk shall receive an annual eatery of one thousand five hundred dollars.
payable In equal monthly Installments
pffumq GOO$IC
Feb 7.1911] SENATE JOURNAL. 673
Each councilman shall receive an annual salary of five hundred dollars, payable
in equal monthly installments
Each school director shall receive two and one half dollars for each regular
meeting of the board of education which he shall attend, provided that he shall
not receive more than ten dollars in any one month
SEC Its .Idnumster,ng Oaths, aubpwnns l•tery elective officer etery Om(
official and every member of any board or commission provided for In this charter
shall hate the power to administer oaths and affirmations, and every such officer.
hoard or commission shall hate the poser to Issue subpmnns. to compel by subpoena
the production of books, papers and documents, and to take and hear testimony con-
cerning ant matter or thing pending before such officer. board or commission If
any person so subpanaed neglect or refuse to appear or to produce any book paper
or document as required by such subpcenn. or shall refuse to testify before any such
officer, board or commission or to answer any questions which any officer or a
majonty of such board or commission shall decide to be proper and pertinent he shall
be deemed in contempt, and any such officer, board or commission shall have power
to take the proceedings in that behalf provided by the general laws of this state.
The chief of police must, on request of such officer, or of any member of such board
or commission, detail n police officer or police officers to gene such subpena
AaTICI E IV.
THE MAIO@
SEC 17 General Duties The mayor shall be the chief executive officer of the
city and shall see that all the ordinances thereof nre duly enforced. Ile shall be
charged with the general otersight of the seteral departments of the municipal gov-
ernment He shall see that'all contracts made with the city are faithfully per-
formed
RTC 13 Mayor pro tempore During the temporary absence or disability of
the mayor the vice-president of the council shell act na mat or pro tempore In case
of the temporary absence or disability of both the mayor and 'ice-president, the
council shall elect one of its members to be mayor pro tempore In case of
vacancy in the office of the mayor, the vice-president of the council shall act as
mayor until such vacancy can be filled as prof ided in this charter
SEC 19 Reports The mayor shall nnnnall3 and from time to time give the
council information relatite to the affairs of the city and recommend to its con-
nderation such mutters as he may deem expedient.
Src 20 Examination of Rooks The mayor shall employ, for a stipulated
compensation, at the beginning of each fiscal year, a competent accountant, who
shall examine the books- records and reports of the city clerk and of all officers
and employees who receive or disburse city moneys, and the books, records and
reports of such other officers and departments as the mayor may direct. and
make duplicate reports thereof. and present one to the mayor and file one with the
ray clerk Such accountant shall have unlimited pnnlege of mvestiganon, to
examine under oath or otherwise all ofcers, clerks and employees of the city. and
every such officer, clerk and employee shall give all required assistance and infor-
mation to such accountant, and submit to him for examination such books and
papers of his office as may be requested, and failure to do so shall be deemed and
held to be a forfeiture and abandonment of his office The council shall provide for
the payment of the services of such accountant.
Sec 21 Supervuwn of Public Utility Companies The mayor shall be charged
with the general supervision of all public utility companies in so far as they are
sabject to municipal control- he shall keep himself fully Informed as to their com-
pliance in all respects with the law, and he shall see that all franchises granted
by the city are faithfully observed
The mayor shall cause to be instituted each actions or proceedings as may be
necessary to prosecute public utility companies for violations of law, and to revoke,
cancel and annul all franchises that may hate been granted by the city to any
person, firm or corporation which have become forfeitable In whole or in part or
which for any reason are illegal and void and not binding upon the city The city
attorney. on demand of the mayor, must institute and prosecute the accessary
actions to enforce the provisions of this section
SEC. 22. Other Duties. The mayor shall exercise such other powers and per-
form such other duties as may be prescribed by law and ordinance
ARTICLE V
EMECUT\E AND ADM I NISTRATM E DEPARTMENTS
SEC. 23 Municipal Departments The executne and administratite powers.
authority and duties of the city, not otherwise provided for, shall be distnbnted
among and assigned to four departments, as follows —
1 Department of finance and revenue
2 Department of public health and safety
3. Department of public works.
4 Department of public supplies.
43—sAJ
Ogacaste Google
674 SENATE JOURNAL [Feb 7, 1911
Sec. 24 Commissioners The council at its first regular meeting after the
election of its members shall designate by majority vote one councilman to be com-
missioner of finance and revenue, one to be commissioner of public health and
safety, one to be commissioner of public works and one to be commissioner of public
supplies. If the council is unable to agree, the mayor shall hose authority to make
such designation The council may change such desalination by ordinance or by
resolution published for five days. whenever it determines that the public service
will be benefited thereby. Each commissioner shall take the active management
and control as foreman and director of the affairs of his department, and shall
be responsible for the full and complete discharge thereof
Sea 25 Powers and Duties The council shall determine and assign the duties
of the several departments subject to the prosisions of section twenty-three Each
department shall be entitled to such salaried employees as may be authorized by
the council The head of each department shall nominate all such employees therein
but their appointments shall be made by the council Each commissioner shall
have the power of selecting and employing the day laborers necessary for his
department Any and all employees in any department shall be subject to dis-
charge by the commissioner at the head of that department at any time except
as otherwise provided by this charter The city council shall determine the number
of such employees m any department and shall also have like power of discharging
them or any of them. or may require any employee in any department to perform
duties In two or more departments, or may make such rules and regulations as
they shall deem necessary or proper for the efficient and economical conduct of the
business of the city The salary or wages of ady employee of the city shall rear
immediately upon his discharge from such employment.
Sec 26. Chief Officials The chief officials of the city shall be city treasurer
attorney, collector, engineer, chief of police. street superintendent. fire library
trustees and fire chief They shall be appointed and may be removed by a majontv
of the council, provided. however, that the chief of police and the fire chief shall
be nominated by the commissioner of public health and safety, and the street super
intendent by the commissioner of public works The council, at any time when In
its judgment the interests of the city so demand. may consolidate and place in
charge of one such officer the functions and duties of two or more of each officers.
The council shall by ordinance prescribe the duties of all the chief officials
The council shall at the first regular meeting after the election of its members
or as soon thereafter as practicable, proceed to the appointment of the chief
officials of the city and the determination of their duties as provided in this sec-
tion
SEC. 27 Subordinate Officers and Employees. The council shall have power
by ordinance to create and discontinue offices, deputyships assistantships and
employments other than those prescribed In this chsrter, to provide the modes of
filling them, to prescribe the dunes pertaining thereto according to its judgment
of the needs of the city and to determine the mode of removing any such officer.
deputy, assistant or employee, except as otherwise provided in this charter
SEC 23. Compensation of Odiirtrs and Employees The compensation of all
city officers provided for by section twenty-are of this charter, except library
trustees, who shall receiie no remuneration shall be by salary to be fixed by the
council The council shall also fix the compensation of all other officers and
employees of the city except as in this charter otherwise provided No officer
official or employee shall be allowed an fees perquisites. emoluments, rewards or
compensation, aside from the salary or compensation as fixed by the council, but
all fees received by him m connection with his official duties shall be paid by him
into the city treasury
SEC 29 Deportment Reports Each department and communion shall annually
on such date as may be fixed by the council, render to the mayor a full report of
all the operations of such deportment or commission for the year
SEC 30 Publication of Reports The council shall provide for the publication
of the annual reports of the mayor and of the several departments and commissions
SEC 31 Councilman to Hold no Other Office_ No member of the council
except the commissioner of finance and revenue. who shall be ex officio a member
of the board of education, shall hold any other municipal office or hold any office
or employment the compensation of which is paid out of the municipal moneys- or
be elected or appointed to any office created or the compensation of which is
Increased by the council while he was a member thereof, until one year after the
expiration of the term for which he was elected
Sac 32 Not to be Interested in Contracts or Franchises No officer, official or
employee shall be directly or Indirectly interested in any contract. work or business
of the city, or in the sale of any article. the expense, price or consideration of
which is paid for from the treasury or by assessment levied by any act or ordinance.
nor in the purchase or lease of any real estate or other property belonging to the
city or which shall be sold for taxes or assessments or by virtue of legal process at
the suit of the cite No officer official or employee shall be interested In. or in the
employ of any public service corporation in the city or of any person. firm or cor-
poration having any contract with the city or of any grantee of a franchise granted
by the city.
�tmwGoogle
Feb 7. 1911] SEN1TE JOURNAL 675
Any contract or agreement made in contnnention of this section ahnll be toil
Any trolntuon of the proaisions of this section shall be deemed a misdemeanor
The council shall enforce the protwrons of this section by appropnate legislation
.EC 34 Political and Religious Teat. No appointment to position under the
city government shall be made or be withheld by reason of any religious or political
opinions or affiliations or political een ices- and no appointment to or selection for or
removal from any office or employment and no transfer, promotion, reduction reward
or punishment shall be in any manner affected by such opinions, affiliations or
ten ices
ARTICLE 1-I
THE COUNCIL
SEC- 34 General Powers The council shall be the governing body of the muni
avidity It shall exercise the corporate powers of the city, and, subject to the
express limitations of this charter, shall be tested with all powers of legislation in
municipal affairs adequate to a complete system of local government consistent with
the constitution of the state
Ssc 33 Presiding Officers The mayor shall be president of the council and
shall preside at its meetings a hen present. The council shall elect one of Its
number to be vice-president-
SEC 30 Meetings The conned shall prmide for the time and place of holding
its meetings and the manner In which its special meetings may be called
SEC 37- Meetings by be Public All legislative sessions of the council, whether
regular or special, shall be open to the public.
SEC. 38- Quorum A majority of the members of the council shall constitute a
quorum for the transaction of business.
SEC 39. Rules of Procedure The council shall establish rules for its pro-
ceedings.
SEC 40. Ordinance. and Resolution. (1) The council shall act only by ordi-
nance or resolution
(2) The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the council.
(3) No ordinance or resolution shall be passed or become effective without receiv-
ing the affirmative totes of at least three members of the council.
(4) Every ordinance or resolution, except an ordinance making appropnations.
shall be confined to one subject, which shall be clearly expressed in the title, and
every ordinance making appropriations shall be confined to the subject of appro-
priations. If any subject shall be embraced In an ordinance which shall not be
expressed in its title, such ordinance shall be void only as to so much thereof as
shall not be expressed in its title
(5) The enacting clause of all ordinances passed by the council shall be in
These words 'Be it ordained by the council of the cay of San Luis Obispo as fol-
lows "
(U) To constitute an ordinance a bill must before final action thereon be passed
to pnnt and published with the ayes and noes for two days and, in case of any
amendment being made thereto before the final adoption of the ordinance, must in
ike manner be republished as amended for not less than one day
(7) No action providing for the appropriation, acquisition, sale or lease of public
property, for the levying of any tax or assessments, for the granting of any
franchise• for establishing or changing fire Itmits, or for the imposing of any
penalty, shall be taken except by ordinance, provided, that such exceptions be
observed as may be called for in cases where the council takes action in pursuance
i of a general law of the state.
(8) When any bill is put upon Its final passage and fails to pass, and a motion
'
is made to reconsider, the vote upon such motion shall not be taken except at a
meeting of the council held not less than one week after the meeting at which such
motion was made ll by(t)he All
ctty s resolutions and ordinances shall be signed by the mayor and attested
(10) No ordinance shall be revised re-enacted or amended by reference to its
title only. but the ordinance to be ref iced or re-enacted, or the section or sections
thereof to be amended,or the new section or sections to be added thereto, shall be set
forth and adopted in the method provided in this section for the adoption of ordi-
naoces-
(11) No ordinance nor section thereof shall be repealed except by ordinance
adopted in the manner provided in this section
(12) No bill for the grant of an franchise shall be put upon its final passage
within thirty days after its introduction, and no franchise shall be renewed before
one year pnor to Its expiration
(13) A true and correct copy of all ordinances shall be kept and certified to by
the city clerk in a book marked 'City Ordinances" Such record copy with such
certificate, or the original ordinanre, shall be prima fade evidence of the contents
of the ordinance and of the due passage and publication of the some and shall be -
admissible as such In any court or proceeding Such records shall not be filed
ap=vam000gIC
676 SEC%TE JOURNAL [Feb 7,1911
in any case, but shall be returned to the custody of the city clerk. Nothing herein
contained shall be construed to present the proof of the passage and publication of
an ordinance in the usual way
Sac 41 "Absent Coenmisao,er No final action shall be token in any matter
concerning the special department of any absent councilman unless such business has
been made a special order of the day by action at a precions meeting of the council
or such action is taken at a regular meeting of the council
Sec 42 Publication of Charter and Ordinances The council, during the find
year after its organization under this charter and from time to time thereafter.
shell cases• all ordinances at such time in force to be classified under apprnpnte
heads, and together with or separately from the charter of the city and such pro-
unions of the constitution and laws of the State as the council may deem expedient
to be published in book form.
AmrictE VII.
POWERS OF TILE ITT /CAD OF TUE COUNCIL
Sac 43 General Powers of City Without denial or disparagement of other
powers held under the constitution and laws of the state the city of San Luis
Obispo. shall base the right and power
(1) To acquire by purchase. condemnation or otherwise and to establish. main
tarn.equip, own and operate libraries. reading rooms, art galleries, museums, schools.
kindergartens, parks. playgrounds Places of recreation. fountains baths public
toilets. markets. hospitals. charitnhle institutions. jails. houses of correction and
farm schools, workhouses detention homes. morvc', c-nntone. crematories aarb,-
collection and snrhgre disposal sad reduction works. stn•et ehening sorret nos
nog and sprinkling plants. quarries and nil other public buildings, places. worts and
institutions.
(2) To acquire by purchase,condemnation or otherwise and to establish maintain
equip, own and operate water works, gas works, electric light, heat and power worts
within and without the city and to supply the city and its inhabitants and also per
sons firms and corporations outside the city with water, gas and electricity
(3) To acquire by purchase-condemnation or otherwise and to establish, maintain
equip. own and operate telephone and telegraph systems, cable. electric or other
railways and transportation seance of any kind within or without the cit.
(4) To sell gas. water electric current and ell products of any public utility
operated by the city
(5) To acquire by purchase condemnation or otherwise within or without th•
city, such lands or other property as may be necessary for the establishment main-
tenance and operation of any public utility or to provide for end effectuate any other
public purpose, and to sell, convey. encumber and dispose of the same for the com-
mon benefit_
(6) To recent 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 not
the purposes of such bequests. gifts and donation, with power to manage, sell lease
or otherwise dispose of the same in accordance with the terms of the bequest, gift or
trust. or absolutely in case such bequest. gift or trust be unconditional
(7) To borrow money for any of the purposes for which the city is authonzed to
pros ide and for carrying out any of the powers which the city is authorized to enjoy
and exercise and to Issue bonds therefor. protected. that in the procedure for the cre-
ation and issuance of such bonded indebtedness the general laws of the State of Cali-
fornia In force at the time such proceedings are taken shall be obserted and followed
(8) To raise money by a special tax in addition to the annual tax levy provided
by section fifty-four of this charter The levy of such tax must be approved by at
least two-thirds of the qualified electors who vote thereon. At such election the coon
dl may be authorized in cases where public necessity requires the expenditure of any
sum so toted before the next succeeding tax levy, to borrow such sum end provide
in the next succeeding tax levy for its repayment with interest at not exceeding fire
per cent per annum Or the council may be authorized to levy a special tax each
year for a period of years not exceeding three years in all for any permanent mu-
nicipal improvement and the money so raised may be expended each year after the
same is collected and aseilable
(9) To sue and defend in all courts and places and In all matters and proceed-
ings.
SEC 44 Direct Legislation The qualified scoters of the city shall have power
through the tiatise and otherwise, as provided by this charter and the general
laws of the state. to enact appropriate legislation to carry out and enforce any of
the SEC 4.i�Posrecres of Coerce l city or he le edettnite orrggnr ofpthe city the council
subject to the provisions and restrictions of this charter shall have power
(1) To provide a corporate seal with appropriate device to be affixed to all Iaatru-
meats or writings needing authentication
(2) To prescribe lines, forfeitures and penalties for the violation of any provision
of this charter or of any ordinance but no penalty shall exceed five hundred dollars
or six months' imprisonment or both
ovensby000$IC
Feb 7. 1911) SEN tTE -JOURNAL 677
(3) To provide for the summary abatement of any nuisance at the expense of the
person or persons creating, causing, committing or maintaining such nuisance
(4) To organize and maintain police and fire departments, erect the necessary
buildings and own all implements and apparatus required therefor
(5) To establish and maintain a fire alarm and police telegraph or telephone
system and manage and control the same
(6) To regulate or prohibit the manufacture, keeping. storage and use of powder
dynamite, guncotton, nitroglycerine. fireworks, and other explosive materials and
substances.
(7) To regulate the storage of hay, straw, oil and other inflammable and com-
bustible materials.
(8) To regulate the use of steam engines, gas engines, steam boilers and electric
motors, and to prohibit their use in such localities as in the Judgment of the council
would endanger public safety
(9) To prescnbe fire Krauts and determine the character and height of buildings
that may be erected therein and the nature of the matenals to be used in the con-
struction, alteration or repair of such buildings or in the repair or alteration of
zxrating buildings within such fire limits.
(10) To regulate the construction of and the matenals used in all buildings
chimneys, stacks and other structures, to prevent the erection and maintenance of
insecure or unsafe buildings. walls chimneys stacks or other structures and to
provide for their summary abatement or destruction to regulate the materials used
in and the method of construction of foundations and foundation walls, the manner
of construction and location of drains and sewers, the materials used in wiring build-
ings or other structures for the use of electncity for lighting, power heat or other
purposes, and materials used for piping buildings or other structures for the purpose
of supplying the same with water or gas and the manner of so doing. to prohibit the
construction of buildings and structures which do not conform to such regulations
(11) To require the owners and lessees of buildings or other structures to place
upon them or in them fire escapes and appliances for protection against fire and for
the extinguishment of fires
(12) To present the construction and to cause the removal of dangerous chimneys.
fireplaces, hearths, stoves stove pipes, ovens, boilers. apparatus and machinery used
to any building in the giro, to regulate the carrying on of manufactories liable to
cause fire, to prevent the depositing of ashes, the accumulation of shavings, rubbish.
or any combustible material in unsafe places, and to make pros talons to guars against
fires.
(13) To regulate the size and construction of the entrances to and exits from all
theatres lecture rooms, halls, schools, churches.and other places for public gathering
of even kind,and to prevent the placing of seats chairs.benches.or other obstructions
in the hallways, aisles or open places therein.
(14) To regulate the speed of railroad trams,engines and cars passing through the
city and the speed of cars of street or interurban railway companies using the public
streets of the city- to require railroad companies to station flagmen. place gates or via-
ducts at all such street crossings as the council may deem proper, to require street
cars and local trains to be provided with fenders or other appliances for the better
protection of the public, to prohibit the making up of railroad trains on any of the
streets street crossings or street intersections of the city, to regulate the speed with
which persons may ride or drive or propel bicycles, automobiles or other vehicles
along or upon any of the streets or highways of the city.
(15) To regulate or prohibit the exhibition or carrying of banners- placards or
advertisements, and the distribution of handbills in the streets. public grounds or
upon the sidewalks, to regulate or prevent the flying of banners flags or signs across
the streets or from houses to regulate or prohibit traffic and sales in the streets
and public places, to present encroachments upon or obstructions to the streets, and
to require their removal
(16) To compel the owner or occupant of buildings or grounds to remove dirt
rubbish and weeds therefrom and from the sidewalk and gutters adjacent thereto
and in his default to authorise the removal or destruction thereof by some officer
of the city at the expense of such owner or occupant. and to make such expense a
hen upon such buildings or grounds
(17) To regulate, license or prohibit the construction and use of billboards and
sign.
(18) To regulate and prevent the running at large of doge- to provide for the
destruction of vicious dogs, and to require the payment of license fees by the oaaen
or persons having possession of doge, and to impose penalties upon such persons for
refusing to pay such license fees
(10) To present or regulate the running at large of any animals, and to establish
and maintain a pound and authorize the destruction or other disposition of any
animals running at large
(20) To prohibit and punish cruelty to animals and to require the places where
they are kept to be maintained in a clean and healthful condition'
(21) To make all regulations which may be necessary and expedient for the
preservation of health and the suppression of disease to make regulations to prevent
the introduction of contagious, malignant, infectious or other diseases into the city
a—mn COOgIc
678 SEN\TE JOURNAL [Feb 7 1911
to make quarantine laws and regulations to regulate, control nod prevent the entry
into the city of persona. baggage, merchandise or other property Infected with con-
tagious disease
(2'2) To regulate or prohibit the operation of all manufactories. occupations or
trades which may be of such a nature as to affect the public health or good order of
the city or disturb the public peace. or which may be offensive or dangerous to the
inhabitants residing in the vicinity. and to provide for the punishment of all per-
sons violating such regulations and the punishment of all persons who knowingly
permit the same to be violated In any building or upon any premises owned or con-
trolled b) them, to make regulations for the suppression of disagreeable offensive
and injurious noises and odors
(23) To provide for and regulate the inspection of all dairies and slaughterhouses
that offer for sale or sell an of their products in the city
i1-11 ro regulars lodging tenement and ntmrlm.sit houses mid to prevent the
overcrowding of the same and to require that they be put and kept in proper sanitary
condition
(2('i) To regulate the construction, repair and use of sewers sinks gutters wells
cesspools and vaults and to compel the connecting, cleaning, or emptying of the same
and to designate the time and manner in which the work shall be done
(20) To provide for the collection and disposal of garbage. ashes, animal and
vegetable refuse dead animals animal offal, rubbish and waste matter
(27) To license for purposes of regulation or revenue, or regulation and revenue
all and every kind of business not prohibited by law to be transacted or earned on in
the city, to fix the rates of licenses upon the same, and to provide for the collection
thereof by suit or otherwise
(2E) To establish stands for hacks, public carriages express wagons and other
public vehicles for hire, and regulate the charges of such hacks public carriages
express wagons and other public vehicles and to require schedules of such charges
to be sted in or upon such public vehicles
(S))veTo provide for the inspection and sealing of all weights and measures used
in the city and to enforce the keeping and use by dealers of proper weights and
measures duly tested and sealed
(30)To license regulate. restrain or prohibit all exhibitions. public shows, gams
nod amusements to prevent and prohibit all darriptions of gambling and fraudu-
lent devices and practices, all pla)log of cards. dice or other games of chance for
the purpose of gambling, the keeping or operating of card machines slot machines
or other euntnvances upon or into which money is staked. hazarded deposited or
laid upon choose and the selling of pools on races and to authorize the destruction
of all instruments used for the purpose of gambling
( s)) To restrain and punish vagrants. mendicants, lewd persona and prostitutes
to prevent and punish drunkenness prize fights and all offensive, immoral, indecent
i'nd disorderly conduct and practices in the cut)
(42) To lev) and collect nixes upon all the real and personal property within the
cis subject to the limitations elsewhere in this charter provided
(33) To order the repaying by the treasurer of an) taxes, percentages or costs
erroneously or illegally collected
(34) To fix the fees and charges for all official services not otherwise provided
for in this charter
}ear he expended
unde the r entdirection of fund
the mayor.exceeding five hundred dollars
(30) To provide for the lease of any lands now or hereafter owned by the city, but
all leases shall be made at public auction to the highest respofisible bidder at the
burliest monthly rent. after publication of notice thereof for at least one week, stating
implicitly the time and conditions of the proposed lease provided that the canal
inn. in its discretion reject any and all bids
(37) To provide for the purchase of property leited upon or under execution us
favor of the cit) but the amount bid on such purchase shat not exceed the amount of
Judgment and costs
(314) To provide for the rale at public auction, after advertising for five days. of
personal proper[) unfit or unnecessary for the use of the city
ITV) To provide for the execution of all trusts confided to the city
(90) 7o establish or change the grade of any street or public place
141) To grade or recrade to the oival grade. plank or replank pave or repave
macadamize or remacadamize gravel or regravel. pile or repile, cap or recap sewer
or rescuer surface or resurface the whole or any part of any street, avenue lane.
slim court or place within the city, and to lay and construct sidewalks, manholes.
culverts cesspools cutters tunnels curbing and crosswalks, breakwaters, levees or
walls of rock or other material to protect the same and also any other work or
improvement within the city and to order any of the above work to be done to
nrcurtlance with the general laws of the Stile of California Also to provide for
the cure of shade trees planted therein and to cause shade trees to be planted. set
out and cultivated therein Also to order drainage or sanitary sewers or storm water
were to be constructed on or through private property
Whenever in the judgment of the council or of the people, the cost and expense
of no) of the foregoing improvements is to be paid by special assessments on private
n.peneo wy G OOgle'
Feb 7, 1911] SENATE JOURNAL. 679
property the general laws of the State of California in force at the time of the
tmprotement shall gotern and control, and all proceedings shall be in conformity
thereto. prortdcd however, that at least one-fourth of the coat and expense of
grading or regrading to the official grade, planking or replanking paving or repaving,
ma m ro
macadamizing or remacadamixg• gteing or regraveling, piling or reeding, cap-
ping or recapping surfacing or resurfacing the whole or any part of any street.
mamie, lane alley. court or place within the city. shall be paid by the said city.
out of such fund as the council may designate, and no special assessment as afore-
said for any of such nark shall be made on private property nor become a hen
on the same in amount greater than three-fourths of the total cost ani expens•a
of such work or improvement and the council shall before any assessment for
any such work is made rip, designate by resolution the proportion of the total cost
Ind expense of the same to he paid b} the municipality, which shall not be less
than oue-fourth thereof- and in making up such assessment there shall be deducted
from the whole cost and expense such part thereof as has been so ordered to be
paid out of the municipal treasury and the remainder of said cost and expensea
shall be assessed proportionately upon the lots parts of lots and lands liable to be
asses ed therefor in accordance with the general laws of the said State of California
(42) To open extend widen straighten or close any street lane- alley, court
or public plaee nithin the city or to order the same to be done in accordance with
the general laws of the State of California, and to condemn and acquire any and all
property necessar3 or convenient for that purpose
R'heneser in the judgment of the council or of the people, the cost and expense
of any of the foregoing Improvements is to be paid by special assessment on private
property- the general laws of the State of California in force at the time of the
improvement shall govern and control, and all proceedings shall be to conformity
thereto except that all the duties of the commissioners and secretaries shall be per-
termed by or under the direction of the commissioner of public works of the city, who
shall receive no compensation therefor
(43) To provide for the lighting of the streets, highways public places, and public
buildlogs and for suppljng the city with water for municipal purposes.
(441 Whenever any street or portion of a street shall be abandoned or closed
by ordinance to convey by deed such street or portion of street so abandoned or
closed to the owners of the lands adjacent thereto in such wise as the council shall
deem that equity requires
(45) To fig and determine by ordinance in the month of February of each year
to take effect on the first day of July thereafter the rates or compensation to be
collected by any person firm or corporation in the city for the use of water heat
light power telephone or transportation wen ice supplied to the city or to the inhab-
itants thereof and to prescribe the quality of the service
(46) To hate general supervision and control of the business of all persons,
hems or corporations engaged in furnishing water heat, light, power or telephone
s nice to the city or to inhabitants thereof or acting as common carriers of pas-
e•nrers or freight within the city, to keep informed as to their general condition.
their capitalization. their franchises and the manner In which their business ms man-
aged conducted and operated not onl with respect to the adequacy security and
ir
accommodation afforded by the service pe
ce but also with respect to their compliance
with all provisions of law and of this charter to prohibit all unjust discriminations
and unreasonable preferences In the rates charged or service furnished to provide
that the service rendered and the iambus? furnished shill he safe and adennnte and
in all respects just and reasonable to order such repairs. Improvements changes or
additions as may be necessary to make such service adequate just and reasonable
and to pros cede by ordinance for the punishment, by fine or Imprisonment of any per-
son firm or corporation or agent,officer or employee thereof who shall fail to obey,
obsene and ♦omply with its orders and regulations in any of the above respects
(47) To require every railroad company to keep the streets in repair between the
tracks and along and within the distance of two feet upon each aide of the tracks
occupied by the company
(4q) To cause the removal and placing underground of all telephone telegraph
electric light or other wires within the city or within any designated portion thereof.
and to regulate or prohibit the placing of poles and suspending of wires along or across
any of the streets highaoye and public places in the city
(49) To regulate the size and location of all water pipes gas pipes, and all other
pipes and conduits laid or constructed in the streets and public places, and to require
the filing of charts and maps of such pipes and conduits
(n) To make all rules and regulations governing elections not inconsistent with
this charter
(51) To establish a park commision, and to appoint commissioners thereon, to
serve aithout compensation with such posers and duties as may be fixed by the
council
(52) To provide a suitable procedure for taking over or otherwise acquiring
municipal ownership of public utilities.
(53) To provide for public concerts which shall be free to the public
r
g,xrec is GoogIe
680 SENATE JOURNAL [Feb 7,1911
(34) To provide that copies of all maps, plats profiles, field notes, estimates and
other memoranda of surveys and other professional work done by the city engineer or
other officer of the city shall be filed with the city clerk.
(55) To provide for and regulate the inspection of meats, poultry fish game
bread, butter cheese, lard, eggs, iegetables, brendstuffe. milk and other food products
offered for sale in the city and to provide for the taking and summarily destroying of
any such products as are unsound, spoiled- adulterated. or unwholesome. and to regu
late and prevent bnnging into the city or having or keeping within the city any
such unsound. spoiled adulterated or unwholesome products
(56) To enact appropnate legislation and do and perform any and all other acts
and things which may be necessary and proper to carry out the genera) powers of the
city. or any of the provisions of this charter, and to exercise all powers not in conflict
with the constitution of the state, with this charter or with ordinances adopted by the
people of the city
AwnCis VIII
CITY CLERK.
Sec 48 General Duties The city clerk shall have the custody and be responsible
for the corporate seal and all books papers records and archives belonging to the
city not in actual use by other officers or otherwise by special provisions committed
tt their custody Ile shall be clerk of the council and shall keep a complete record
of all its proceedings He shall also perform the duties of assessor He shall per-
form such other duties as are or shall be imposed upon him by this charter or by
ordinance
Arias IX.
FINANCE AND TAXATION.
SEC 47 Fluent Year The fiscal year of the city shall commence upon the first
day of July) of each year or at such other time as may be fixed by ordinance
SEC 4S. Tax .pstem The council shall by ordinance provide a system for the
naseasment. levy and collection of all city taxes not inconsistent with the provisions
of this charter
The council shall hale power to nail its-If by ordinance of any law of the State
of California now or hereafter In force and comply with the requirements thereat
whereby assessments moy be made by the assessor of the county in which the city of
San Luis Obispo is situated and taxes collected by the tax collector of said county
for and on behalf of the city of San Luis Obispo. Other provisions of this charter
concerning the assessment. levy and collection of taxes shall be subject to the pro-
isians of any such ordinance while the same shall be in force.
SEC 49. Department Estimates On or before the second Monday in May in
each year or on such date in each year as shall be fixed by the council the heads of
departments, ofcers, boards and commissions shall send to the commissioner of
finance and revenue a careful estimnte in writing of the amounts, specifying in
detail the objects thereof required for the business and proper conduct of their
respective departments. offices, boards and commisrsuus, during Chi. next ensuing
fiscal year
SEC 50 Estimate of Uommissiontr of Ftaance and Ref chum On or before the
second Monday in June in each year or on such date in each veer as shah be fixed
by the council. the commissioner of finance and revenue shall submit to the council
an estimate of the probable expenditures of the city goternment for the next ensuto=
fiscal year. stating the amount required to meet the interest and sinking funds for
the outstanding funded indebtedness of the city, and the wants of all the depart
meets of the municipal goiernment in detail, and showing specifically the amount
necessary to be provided for each fund and department. also an estimate of the
amount of income from fines, licenses and other sources of revenue exclusive of
taxes upon property. and the probable amount required to be levied and rased br
taxation.
Sec. 51. Annual Budget The council shall meet annually prior to fixing the
tax levy and make a budget of the estimated amounts required to pay the expense
of conducting the business of the city government for the next ensuing fiscal year
The budget shall be prepared in such detail as to the aggregate sum and the
items thereof allowed to each department, office. board or commission as the council
may deem advisable
SEC 52 Board of Equalmntion The council shall meet at their usual pIn
of holding meetings on the first Monday to August of each rear,at ten o clock in the
forenoon of said day and sit as a board of equalization and Mall continue in
session from day to day until the second Monday in August Thei shall have
power to hear complaints and to correct, modify. strike out or to raise any assess
ment provided that notice shall be alien to the party whose assessment is to be
raised
Sec 53 Annual Tar Letp The council must finally adopt, not later than the
first Tuesday in September, on ordinnnce levying upon the assessed inluation of the
property in the citi. subject to the provisions of this charter a rate of taxation
upon each one hundred dollars of valuation sufficient to raise the amounts estimsnd
o azecw GOOQlC
Feb 7,1911] SENATE JOURNAL 681
to be required in the annual budget. less the amounts estimated to be receiied from
fines. licenses and other sources of rexenue. Thee shall then denier the assessment
roll to the city clerk, who shall compute and carry out the amount of the tax so
levied upon each parcel of property contained in stud assessment roll. The cor-
rected list for each tax shall be the assent roll of said tax for said year and
it shall be certified by the city clerk as being the assessment roll of said tax.
SEC. 54 Limit of 7'as Lcuy The tax levy authorized by the council for any
one year for all municipal purposes, other than for the payment of principil or
interest on any bonds of the city or for school purposes, shall not exceed eighty-
fixe cents on each one hundred dollars worth of taxable property in said city, exr•pt
as herein provided.
SEC 55 7'as Liens All taxes assessed. together with any percentage imposed
for delinquency and the cost of collection, shall constitute hens on the property
assessed men tax upon personal property shall be a lien upon the real prolem
of the owner thereof The liens provided for in this section shall attach as of the first
Monday in March in each year and may be enforced by actions m any court of
competent Jurisdiction to foreclose such liens. or by a sale of the property affected
and the execution and dehxery of all necessary certibeites and sleds therefor under
such regulations as may be prescribed by ordinance prondrd, that when real ,stab
is offered for sale for city taxes due thereon the same shall be struck off and sold
to the city, in like case and in like manner and with like effect and with like right
of redemption, as it may be struck off and sold to the state when offered for sale
for state and county taxes, and the council shall have power to provide for the
procedure to be followed in such sales to the city and redemption thereafter
SPA. 56 Claims Against City Additional Duties of Clerk Money shall ho
draws from the treasury only upon wnrrants us herein authorized Eiery demand
against the city from ahateier source, including the school department and the fie
public library when allowed by the council or proper board, shall be signed by the
president and secretary or clerk of such body and a warrant numbered and dated
the same as the demand issued and signed by the same officers, and both must before
it can be paid be presented to the city clerk who shall satisfy himself whether
the money is legally due and its payment authorized by law If he allow It he
shall endorse upon the warrant the word 'allowed," and the date of such allowance
and sign his name thereto No demand shall be npproied, allowed audited or paid
unless it specify each special item, and the date thereof It shall be the duty of
the city clerk to he constantly acquainted with the exact condition of the treasure
He shall, on application of any person indebted to the city holding money payable
into the city treasury or desiring to pay money therein certify to the treasurer tin
amount thereof, to what fund applicable, and by whom to be paid IIe shill charge
the treasurer with the amount recebed It shall be his duty to apportion among.
the several funds all public money at unv time in the city tnasun not by law
or ordinance specifically apportioned and appropriated and forthwith notify the
treasurer of such apportionment or appropriation He shall countersign and de-
liver to the proper officers all licenses and other receipts- charging them therewith.
and taking their receipt therefor He shall on the first Monday of each month or
oftener if required, report in wnting to the council the condition of each fund in
the treasury He shall keep a complete set of books for the c'b in which he shill
set forth in a plain and businesslike manner, every money transaction of the cur
so that he con at any time tell the exact condition of the eitye finances and draw
all warrants on the treasury He shall perform such other duties as mai be required
of him by this charter or by ordinance
SPA 57 Disposition of Money Collected Every officer collecting or receixing
any moneys belonging to or for the use of the city shall settle for the arms w•ih
the city clerk on or before the last day of each month. or at more-frequent inter-
vals as may be directed by the council and immediately pay all the same into the
treasury on the order of the city clerk, for the benefit of the funds to which such
moneys severally belong Wicn the last day of the month falls upon Sunday or
a legal holiday the said payments shall he made on the next precdeaz business day
76e council may provide in its discretion, for the deposit of the city moneis iu
banks in accordance with the state law
SEC 58, Uniform Accounts The council shall prescribe uniform forms of
accounts, which shall be obaened by all officers and departments of the city which
'scene or disburse moneys.
ARTICLE X
PUBLIC WOKE AND SUPPLIES
•
Ste 59 Jerome From Public Utilities All income denied from the openton
and management of any public utility by the city shall be demoted exclusnely to
the payment of the expense of operating, maintaining improiing. or bettering such
public utility, and to the payment of any debts and interest thereon which mai
hare been incurred for the acquiring, Improiurg, operating or maintaining of such
utility
SEC. CO Form of Contracts All contracts shall be drawn under the super-
vision of the city attorney All contracts must he in writing, executed in the name
Ug:..matq Coog]C
hS2 SENATE JOURNAL [Feb 7,1911
of the city of San Luis Obispo by an officer or ofiicera authorized to sign the same.
and must be countersigned by the city clerk, who shall number Ind register the came
in a book kept for that purpose
...ye 01 Public It orL to be Done by Contract In the erection improvement
and repair of all public buildings and public works in al. street and sewer pork.
and in furnishing any supplies and materials for the same or for any other use
by the caty, when the expenditure requited for the same exceeds the sum of three
hundred dollars. the same shall be done by contract, and shall be let to the lowest
responsible bidder after advertising for sealed proposals for the work contemplated
for the consecutive days in the official newspaper Such notice shall distinctly and
,cpcaficnlly state the work contemplated to he -lone Provided, however the council
may reject any and all bids- if deemed excessive. and re-adiertise for bids_ or may
require the commissioner of public works to submit a detailed estimate of what the
work may be done for by the department of public works and if such estivate is
lower than the lowest bid the crowned may order the work to be done by the depart
ment of public works hut the department of public works must not be allowed a
larger sum to complete such work than called for by the aforesaid estimate In
case no bid is received, the council may provide for the work to be done by the
department of public works
SEC 62 foontracts for.Llrerfi+my The council shall let annually contracts for
the official advertising for the ensuing fiscal year For this purpose the council
.hall advertise for the consecutive days Betting forth distinctly and specifically the
work contemplated to he done, and asking for sealed proposals therefor 'lbe pro-
posals shall specify the type and spacing to be used at the rate or rates named in the
bids- The council shall let the contracts for such official advertising to the lowest
responsible bidder publishing a daily newspaper in the city which is a nwspaper
of general circulation and lice been in existence at the time of the awarding of the
contract at least one year provided. that the council may reject any or all bids
it found excesucte, and advertise for new bids.
The newspaper to which the award of such advertising Is made shall be known
and designated as the official newspaper."
Syr (>:I C mafrnc fs for Ltphftag No contracts for lighting streets, public build-
ings, plan". or offices shall be made for a longer period than one year. nor shall any
contract to par for electric light or soy illumination material at a higher rate than
the minimum price charged to any other consumer be valid
Six 1,4 Collusion With Bidder Any othcer of the city. or of any department
thereof who shall aid or assist a bidder In seeurint a contract to furnish labor
matenal or supplies at a higher price than that proposed by any other bidder. or who
shall favor one bidder over another by giving or withholding information, or who
shall wilfully mislead any bidder in regard to character of the material or supplies
called for or who shall knowingly accept material or supplies of a quality lnfenor
to those called fur by the contract or who shall knowingly certify to a greater amount
of labor performed than has been actually performed or to the receipt of a greater
amount or different kind of material or supplies than has been actually received,shall
Is-deemed guilty of malfeasance and shall be removed from olhce
Sec tC. Collusion by Bidder If at any time at shall be found that the person
to whom a contract has been awarded has, iu presetting any bid or bids colluded with
any other party or parties for the purpose of preventing any other hid being made.
then the contract so awarded shall be null and %old and the council shall advertise
for a new contrnct for said work, or provide for such public work to be done by the
department of public works,as herein provided
SEC W, Certain lets Forbidden Every officer or employee of the city is for-
bidden and prohibited from soliciting. accepting or receiving directly or indirectly
and every public service corporation person haring or contemplating any contract
with the city or grantee of a franchise granted by the city. or agent. othcer. attorney
or employs thereof, Is forbidden and prohibited from offering or giving, directly or
indirectly to any such othcer or employee any commodity or service furnished M
stela public service corporation or owner of a franchise, or any reduction in the rate
unreel( to winch the public a'nernllt are not entitled or any present. gift or gratuity
of any kind A violation of any of the provisions of this section shall be deemed a
Intsdemeanor Even officer or employee of the city who violates any of the pro-
visions of this section shall be guilty of malfeasance and shall be removed from office.
Avt[wi.E XI
FLLCtIONS
`tic uT 6enrrul and a n-ial Ilumnyal F.lrrfmns. A municipal election shall be
held to the env on the first Monday In Muy in the sear 1911. and on the first Mood]
in April 1915 and on the first Monday In April in every second year thereafter.
and shall be known en the general municipal election
All other municipal vin bons that may he held by authority of this charter or of
nernl Inn shall he known as special municipal elections
"Lt a \o,.unafmns and Election of Lay Officers (1) The mode of nomina-
tion and".election of all elective oibcers of the enw to be voted for at any municipal
e 1s te.n shall Is as follow, and not otherwise
I15FnaaafGoogle
Feb 7, 1911] SE\VTE JOURNAL 683
(2) The name of a candidate shall be printed upon the ballot when a petition of
nomination shall have been filed in his behalf in the manner and form and under
On conditions hereinafter set forth
(3) The petition of nomination shall consist of not less than twenty-five nor more
than one hundred Indic whin] certificates, which shall read substantially as follows
PETITION OF NOMINATION
STATE OF CU.IFORNIA
COUNTY OF SAN LUIS OethPO. } as
CirT of SAN Lets ORISPO
I the undersigned. do solemul3 swear (or affirm) that I am a qualified elector of
precinct No of the city of San Lois Obispo and I hereby join in a petition
for the nomination of whose residence is it No street
San Luis Obispo for the office of to be toted for at the municipal
election to be held in the city of San Luis Obispo on the day of
and I further declare that I am not at this time a signer of any other petition nomi-
nating any other candidate for the elate named office or, in case there are several
places to be filled nu the above named office that I hate not signed more petitions than
there are places to he filled in the abote named office
Subscribed and scion) to before me this day of
Swan or Verification Deputy
The petition of nomination of which this certificate forms a part shall if found
insufficient, be returned to at No street, San Luis Obispo
l alifornin
(4) It shall be the duty of the city clerk to furnish upon application a reasonable
number of forms of individual certificates of the above character
(5) Each certificate most to a separate paper All certificates must he of uniform
size as determined by the city clerk Each certificate must contain the name of one
signer thereto and no more Each certificate shall contain the name of one candidate
and no more Each signer must be a qualified elector, must not at the time of
signing a certificate have his name signed to ant other certificate for any other
candidate for the same office nor in case there are seteral places to be filled m the
same office signed to more certificates for candidates for that office than there are
places to be filled in such office In case an elector has signed two or more con-
fitctmg certificates, all such certificates shall be rejected Each signer must verify
his certificate and make oath that the same is true before a notary pnhlic or a
terification deputy. as provided for in this section Each certificate shall further
contain the name and address of the person to whom the petition is to be returned in
case petition is found insufficient
(GI Venticntion deputies under this section. must be qualified electors of the city
and shall be appointed by the city clerk upon application In writing signed by not
leas than fit., qualified electors of the city The application shall set forth that the
signers thereto desire to procure the necessary signatures of electors for the nomina-
tion of candidates for municipal office at an election therein specified, and that the
applicants desire the person or persons whose names and addresses are Risen.
appointed as verification deputies who shall upon appointment be authorized and
empowered to take the oath of tanfication of the signers of petitions of nomination
Such tenfiration deputies need not use a seal, and shall not hate power to take
oaths for ant other purpose whatsoever, and their appointments shall continue only
until all petitions of nomination, under this section shall have been filed by the city
clerk.
(7) t petition of nomination consisting of not less than tuenr-fire nor more than
one hundred iuditudual certificates for any one annihilate may be presented to the
ea? clerk not earlier than fort]-fire dais nor Inter than thirst dnvs before the
election The clerk shall endorse. thereon the date upon which the petition was pre-
sented to him
(s) V.hen a petition of nomination as presented for filing to the city clerk. he
shall forthwith examine the same and ascertain whether it conforms to the provisions
of this section if found not to conform thereto, he shall then and there in writing
designate on said petition the defect or omission or reason why such petition can not
be filed and shall return the petition to the person named as the person to whom
the same mar be returned in accordance with this section. The petition may then
be amended and again presented to the clerk as in the first instance The clerk
shall forthwith proceed to examine the petition as heremhefore provided If neces-
saq. the council shall primate extra help to enable the clerk to perform eatisfactonlj
and promptly the duties imposed b3 this section
(9) Am signer to a petition of nomination and certificate may withdraw his
name from the same by filing with the city clerk a tenfied relocation of his signature
before the filing of the petition by the clerk and not otberttise lie shall then be at
liberty to•inn a petition for another candidate for the same office
pgnat try CoogIc
684 SENATE JOURNAL [Feb 7, 1911
(10) Any person whose name has been presented under this section as a candidate
inns, not later than twenty-fife days before the day of election, cause his name to
he wubdraun from nomination by Meng with the city clerk a request therefor in
tenting. and no name so wuhdraw•n shall be printed upon the ballot If upon such
withdrawal the number of candidates remaining does not exceed the number to be
elected, then other nominations may be made by filing petitions therefor not later
than twenty days prior to such election
(11) If either the original or the amended petition of nomination be found suffi-
ciently signed as hereinbefore protided, the clerk shall file the same twiuty-file days
before the date of the election When a petition of nomination shall hate been filed
by the clerk it shall not be nithdrann nor added to and no signature shall be retoked
thereafter
(12) The city clerk shall presene In his office for a period of too sears all peti-
tions of nomination and all certificates belonging thereto filed under this section
(13) Immediately after such petitions are filed, the clerk shall enter the names of
the candidates in a list, with the offices to be filled, and shall not later than twenty
days before the election certify such list ns being the list of candidates nominated
as required by the charter of San huts Obispo and the council shall cause Bald certi-
fied list of names and the ofltav% to be filled, designating whether for a full term or
unexpired Lena to be published in the proclamation calling the election at least ten
successive doss before the election in not more than two daily newspapers of general
circulation published in the city of San Luis Obispo Said proclamation shall con-
form in all respects to the general state law generning the conduct of municipal
elecuons, now or hereafter in force, except as above required
(14) The city clerk shall cause the ballots to he printed and bound and numbered
as prof fled for by state law except as otherwise required in this charter The ballots
shall contain the list of names and the respectite officers, as published in the procla-
mation and shall be in substantially the following form
oeaenAL (ua-srrclAi.) at:apeiPA1 gLECTio'r MT( or RN I t'4 OBISPO
(Inserting date thereof)
Intro.lions to l-otcrs To tote stamp or write a cram (X) opposite the name
of the candidate for whom you desire to tote All marks otherwise made are for-
bidden All distinguishing marks are forbidden and make a ballot toad If you
wrongly mark, tear or deface this ballot. return it to the inspector of election, and
obtain another
(15) All ballots printed shall be precisely on the same sire wields tint of paper
kind of type and color of ink so that without the number it would be impossible
to distinguish one ballot from another and the names of all candidates printed upon
the ballot shall be in type of the same size and sale. A column mat be protided
on the right hand side for charts r amendments or other questions to au toted upon
at the municipal elections. as protided for under this charter The names of the
candidates for each office shall be arranged in alphabetical order and nothing on the
ballot shall be indicatne of the source of the candidacy or of the support of ant
candidate
(IC) The Dame of no candidate, nho has been duly and regnlarlt nommn:ed
and who has not withdrawn his name as herein provided, shall be omitted from the
ballot.
(17) The offices to be filled shall be arranged in separate columns in the following
order
'For mayor (if any) tote for one"
For cuts clerk (if anti tote for one
For councilman Of ant) tote for (git ing number) '
"For school directors (if any) tote for (going number)."
(15) Half-inch square shall be protided at the nght of the name of each candi-
date nherein to mark the crow.
(10) half-inch spoor shall be left below the printed names of candidates for
each office equal in number to the number to be toted for, wherein the toter may
write the mane of ant erson or persons for whom he mat nigh to tote
(20) The clerk shill cause to be pnnted sample ballots identical null the ballot
to he used at the election and shall furnish copies of the same ou application to
registered titters at his office at least fite dots before the date fixed for such election
and shall mail one such ballot to each toter entitled to tote at such election so that
all of said sample ballots shall hate been mailed at leant three whole doss before said
election
(21) The candidates equal in number to the persons to be elected alto shell
reeeue the highest number of totes at such election shall be declared elected to the
office.for which they are candidates.
(_1) If a person elected falls to quahh the office shill be filled as if there
were n vacancy in sorb office its herein protided
(n.1) No informalities in combating municipal elections shall intalidate the
same if Chet hate been conducted fairly and in substantial conformity to the require-
ments of this charter
pornotyC00gie
Feb 7, 1911] SENATE JOURNAL 685
•
CEc 69 General Election Regulations (1) The pro.isiuns of the state Ian
relating to the qualifications of electors, the manner of voting. the duties of election
officer,, the canvassing of returns and all other particulars in respect to the manage
ment of clettions, so fnr as they may be applicable- shall govern all municipal
elections proridrd that the council shall meet ns a canons lag board and dub
t-mcnas the election returns within four days after ana municipal election
(2) In case voting machines shall be used at municipal election% the council
shall hale power, by ordinance to modift the provisions of section sixty-eight so
far as mat be necessary to adapt them to the use of toting machines
AartcLE XII
RECALL OF ELEcrnC OFFICERS
Mc TI, Prow.dare Relating Thereto (1) Etery incumbent of an %let ti.e
odce, whether elected by popular tote or appointed to fill a scanty. is subject to
recall by the voters of the city The procedure to effect such removal from office
shall be as follows
(21 % petition signed by qualified electors equal in number to twenty-five per
centum of the entire tote cast for Intor at the last preceding general municipal
election at which n mayor was elected. demanding an election of a successor of the
officer sought to be removed, shall he addressed to the council and presented to the
city clerk. The petition may request such election to be held at a special municipal
election or at the next general municipal election The petition must contain a
statement of the reasons for the demand.
(3) The provisions of section sixty-eight respecting the forms and conditions
of the petition and the mode of verification and certification and filing shall be sub-
stantially followed with such modifications as the nature of the else requires.
(4) If the officer sought to he removed shall not resign within five days after
the petition is filed by the cit. clerk and if the petition requests a special election,
the council shall cause a special election to be held within forty-five da.s to determine
whether the people will recall said officer or. if a general municipal election is to
occur within sixty days, the council may in its discretion postpone the holding of
such election to such general municipal election
(e) In the published call for the election there shall be printed in not more
than two hundred words the reasous for demanding the recall of the officer as set
forth in the recall petition and in not more than two hundred words the officer
may justify his course in oilce
(G) The officer sought to he n-moved shall be deemed a candidate. and. unless
he resigns. his name shall be printed on the ballot The nomination of other candi-
dates and the election shell be in accordance with the provisions of section sixty-
eight
(7) The officer sought to be removed shall if he do not resign, continue to per-
form the dunes of his office until the election, and, if he fail of election, he shall
be deemed remo.ed from office
(8) No recall petition shall be filed against any officer until he has actually held
his office for at least three months.
(9) No person who has been recalled from an elective office, or who has resigned
from such office while recall proceedings were pending against him,shall be appointed
to an% office within one year after such recall or resignation
(10) The council may by ordinance male such further regulations as may be
necessary to carry out the pro.imons of this section. and to adapt the provisions of
section sixty-tight thereto
AancLE XIII
TILE IM1ITIATiE-
?EC 71 Procedure Relating Thereto (I) Any proposed ordinance may be
submitted to the council by a petition signed by registered electors of the city equal in
cumber to the percentage hereinafter required
(2) The prod-Loons of section sixty-eight of Article XI respecting the forms and
conditions of the petition and the mode of .enficatioo and certification and filing shall
be substantially followed, with such modifications as the nature of the case requires.
(31 If the petition accompanying the proposed ordinance he signed by electors
equal in number to twenty-hoe per centum of the entire vote cast for all candidates
for mayor at the last preceding general municipal election at which a mayor was
elected and contain a request that said ordinance be submitted forthwith to the
tote of the people at a special election, then the council shall either
(a) Pass said ordinance without alteration within twenty days after the attach'
ment of the clerk's certificate of sufficiency to the accompanying petition (subject to
u referendary vote under the provisions of Article XIV of this charter) or
(6) Within twenty-fire days after the clerk shall hate attached to the petition
accompanying such ordinance his certificate of sufficiency the council shall proceed
to call a special election at which said ordinance without alteration shall be sub-
mitted to a vote of the people
(4) If the petition be signed by electors equal in number to at least ten
but less than twenty-five per centum of the entire tote cast for all candidates for
Coy ezmbyCOOL*
= cea ���9°m$?' �e c'eoe o m C�oZE $`e a m�aF3maIYo$e1RC`$c°c`qq 0'' A'o o°o fi�
`�. ° a cue.028 °0 o01-ac N. mu.g= fie gm.c3 Yo£c$E'�+°uo6b�.aEEmoQL =3e �a C1
m- Yu C c6 'o t R °_p _ O atom-n ° CE s a° y _
ti
--8-a $w.ov.y �'-g Ea 0 b Z- co m surm mama_°_'$ c_ caw o'�cm_n"° -i ° xi!
e ..tr 0.0-EuYac -c; g°a u e .13-7a eg E$e-_- Ym_-r O OUae" mee-VpL O;+c EYE eu -y '�`
00 `Ve—.m-L ptm r°C. m CE O a O° mQ
/171--Sm OagEtc`=“mgV°i[O�aiumai Eu O
[y cE ° a Ei-iw`w0 °e m C ILL' ° n;C°c ;a °OEL - CL`Yq`-retZOC OSO
:<_- c ▪ o yym b u -8°c!°ZoeE c.eyet° mmema E Eri
oirsa a- Et=e4 EgLge a t °[e, es N+aea=.tt. gEg_e.w mee-mC a °Be.I-
_mo YE..°E EE= cb-a_Q rw5 o c° m?Ye $_EO Yb $'$-"eucoo-c�OS O= e s
me-mw E°'o$40,-_ -G ° e ° em0°u _G °enr tlem_ E-°E°°>°Eo°uam° s'LC..a.-G., eo- $
Eso _v C bsovc E eE-y n 49TOCEomm e°Et'10E°e."Z.°m°?Ewe�nc Is g
. a.. ett -mYmm Ts. . ° oq-y E _ _
'a�'°C.°r t`�aC U!z °-.,=CO r QYbCO .`V..°. °we`ptmo mY Ep4„S' O OV0L<00C o. r: 0.
S O� nvmb6% GE.5Eg ° C ti...V_. OE= `=EL.eaCpmCg-X. ,1 LL:L<a.-`..F.b.`L.'wu aVU
is-1L-2 a6L- y° acm0E 4r_- qn=v Z Z r L.- mLL' $�i e-0.sCc gg E °"c -<
_e-E-5 �c-E°fiag2 ke' ecu 8 a tat ggpZ�cc .. °ioo:L-- $Cmw °4EEticti eE Ee c- ew<
oo-ra� [i`-1E�=e E` E�� • e 1. .—...o Get-Se--7,- -8,--a-E+E`o °-oEo..&°, Eoo
° ax'.. -s a.- 4 E-o..e$ °-b=-u0w .= we�as Lc.:cE .s..-'-c -
ny c c '° Acv era o ., ma a s °c.'-°-ecsc--emum! _ "cL-o xp 5eC
c Ze_c°_e= 'e._1v°-Eoc zse“Ea ioo --g.memE _ g °E..,.,E_ -e ao-z°Eccde 9in °ec9 ' C . -FE..ELm
ap222 O°-_O9i_aneaa Ef...:spelt EC9 o£��.eE9m >I ePwaa'°•.E=u -a-p°pEs ccmcc>ssc`o"8°ECOEE:
z _G5 V_a SC E; V m Rmm ...9-00_0X2 Y mG Oyea5.°[6L m..0.wEw8 .-..-71 °O..w=OEq=VYUN
°e Ce10ke.„, � G L6 w •• 0 ..GG 0'i < O..el L
hl °y°E cn6 °ppa- O.0 C CLm 06 -u U C9-°LmEEit?"cmt'-+ 'O'ScwVYO orto °.. L°
o `000E „..5„np m-°-aE�-E e-.a eE .E=%0E ° m:.Z..!>CwCe..ew •ice o.sre=ec=o °V'rc
fia.ouceneCC°n° d m'- ° E000'`:amma °_Le _g^ E o Coeo„w yEPEese F4 _
�/. _a0y- m O °6i0 ❑ OOH, < W nV '.]O-y Emr i°pt,jt-_YY'..[�F” yy
m s <°s`e2Eac °-=2 otos°o.o C°Sam _uqc - e_i'e CO ` 'agtIv nu02wal °C='oc 2
Cr EE u c iL . $occ Cco 2 on Ems ' o num�L CE omn 'Sr!!� E °c m°e> En=°°
cA°e�m$= mga0..O c' 0.8 E°COE..otc $°-1 o_.on.°so>;oE `.,ou m.°.hE oiE o_. °-E ..-i °
"f'Et_Eacmu3?'o00-0 sm°EEA 9_OF,�o- o u�4 C$'o't2a.e -0—e>..EEv¢mm�n_otc'$gER0EF..._
?e82anVo$Ll=Ye ya.-°ELF° une4wn.i ..c emf-.� E..ae°ssg^8t �$Ew°'oc`oc=OVE c_nt aio2 EE
/ m°y 0 •o0.2°m_ VGe ktEe O mm 'Z C_ ymCcc L`
go-eEe°-mc x1:°0 ;G-s --01-°nEE�sa Ea-o`o `°u;en-°°Erc3ec.,E�=`�eE's.caa oa- o°E
n.-pop[mE meE qm ma°�=.`oo s- -.0.°ce v
. -7°E`2o a"a �eaa s o3 =T, eOeusme
c 2x 9.0Ett= a $ e o L i` e -
"oe-..GLac ' o°E =_-EOE°EErancua°mc°ei.m °oE MaL�$e °C S..°�QeYO °�°- mo°a Le m:oa
9emam ° ::° '? o.°,° eomq°Em.,_ 8 °Ez _-•,.Eaa ti°ms2 1... cL[e _
_ aYCV c m E EI. �ct_' S_ 0 -,1$ - 0° mOE° Ka-
C- Oc ° E X00 Ly mL.m L• mE9q � y E <" O 1., C •ua Ea
°V,"-eaoitt°Ege e-_ Cq0°°ui°e°0ao� -'' iSm=vEEt.. 9muer. ,..E E74. $_ ^n
..Oa OL L.. nOm a E� uE eea ea a$e9{. • ne4 m�'Eywm E-wmOC.-- w c'",, e45-Tc'
E io > E o< F-FE < m r-z;E rp_ a ° 0 `--r- u.- [m
a.e gw4 Ee &E- YuC c 'E m u E C y�a'`0°-820_LoeE° '“ E Y cu-b e
°e -as[aaaE 0°^.1..x0 yy e Ca m o-O` °_0 xgc° ut_`t“.g.gY`O
enmm'O°-.:Ecc'geo==srats..8-'r GE°-=2c"e$^ uo a�m$E-YSOEs`9��°u°ory °° c_
.D m°`• ms > e..m,.. !R u` ,n_a a O °s m_t=tea u
,A mod E - u CcaC wt Ca° a Yan-`. i os mom a0_ °esoo °om°CC:c`aE� .:e
.J Em4P=$V EO.°,°u'cc°mo °°...c°ea ° u PT AEC °i $de°�a$Eo.°eno=e.e nEF�m
Feb 7, 1911] SENATE JOURNAL 687
• ARTICLE XV
THE PUBLIC SCHOOLS.
SEC 75 School Department The school deportment of the city of San Lm.
Obispo shall compose all the schools within the city of San Luis Obispo the
Mission school distnct. and all territory that is now or may hereafter be oonexed
for school purposes, and shall be known as San Line Obispo School District.
which shall succeed to all the obligations, property, rights and privileges of the
Mission school district and the San Luis Obispo high school district
SEC. 76. Elections All territory Included within the limits of the San Lug.
Obispo school distract, but not within the city limits. shall be deemed a part of said
city for the purpose of holding municipal elections, and shall constitute one or more
separate precincts. and the qualified electors therein shall vote nob for the school
directors and on questions submitted to a vote of the people pertaining to school
matters, and said outside territory shall be deemed a part of said city for all martin
connected with the school department and with the levying and collecting of all
tales for school purposes.
SEC 77 The Board of Education The board of education shall have enure
control and management of the public schools in the city in accordance with the
constitution and general laws of the State, and is hereby tested with all the powers
and charged with all the duties provided by this charter and by the general laws
of the State for city boards of education
SEC. 78. President of Board The ward of education shall annually elect one
of its own members to be president of the board He may be removed by the
affirmative rote of four members. The president shall here no other 'ote than his
vote as member of the board
Sec 79 Meetings. The board of education shall meet at such times as mar
be designated by resolution of said board and In the place provided therefor hi the
council. The board shall provide the manner in which special meetings shall be
called
SEC 80 Quorum Three members of the board shall constitute a quorum. and
the affirmative votes of three members shall be necessary to pass any measure
but a less number than three may adjourn from day to day and compel the at-
tendance of absent members in such manner as the board may presenbe.
Sec 81. Rules. The board of education may determine the rules of Its pro-
ceedings.
SEC 82 Meetings to Be Public. All meetings of the board of education shall
be public
Sec 84 Rnpenntendent of Schools The board of education shall appoint a
supenntendent of schools and fix his compensation.
Six 84 Powers and Dutom of Superintendent The superintendent of schools
shall be the executive officer of the board of education and he shall give his full
time to the duties of his office. He shall be subject only to the board of education
and all orders of the board relating to the direction of the principals, teachers. and
janitors shall be giien through him He must examine all plans for the construc-
tion or reconstruction of school buildmrs and report in writing to the board unv
objections be mat find thereto He shall have supervision of the course of Instnic
non and of the Discipline and conduct of the schools. He or a deputy supenntend-
ent may be required to act as secretary of the board of education
Sec. 85. Teachers Rota Nominated The supenntendent of schools shell nomi-
nate and recommend all teachers and principals for election br the board of educa-
tion He shall assign all teachers and principals and make all transfers necessan
to the successful operation of the schools
Sec 86. Election of Teachers The board of education shall elect all teachers
but only from a list of candidates nominated and recommended by the superintendent
of schools. The board of education may make rules in accordance with which the
supenntendent must make such nominations and recommendations.
SEC. 87 School Warrants Eiery claim payable out of the school fund shall
be filed with the secretary of the booed of education, and after it shall ha'e been
npproied by the board a certificate of such approial shill he endorsed thereon
signed by the president and secretary and s warrant upon the school fund shall be
issued thereon for the payment of such claim Slid warrant shall be signed by the
president and countersigned by the secretary mad shill specify the purpose fur which
it is drawn and receive the approinl of the city clerk as provided in section hftv-sec
SEC. 8A Annual Estimates of E.rpensce The hoard of education shill nnnnnll•
on such date as shall be fixed by the council submit in orittne to the council a
careful estimate of the whole amount of money to be received from the State and
county for the support of the public schools in the city together with n careful
estimate of the amounts specifying on detail the objects thereof required from the
city for the adequate support of the public schools for the ensuing 'ear Th. amount
estimated to be required from the city shall, subject to the prniisions of this charter
be assessed and collected in the annuli tax leis The pros ads of such tax shell he
immediately paid into the school fund of the city, to he drawn out only upon the
order of the board of education.
DD_mtG003ke
688 SAN%TE JOURNAL [Feb 7, 1911
Asrtcrs XVI
FRANCHISES
SEC SH Property Rights Inalienable The right of the city in and to its
streets. highways, parks and nil other public places, except as otherwise pro'ided
in this charter are hereby declared mallenvble
Sec 90 Franchise Required No person, firm or corporation shall ever exer-
cise any franchise or privilege mentioned in this article except in so far as he or
it may be entitled to do so by direct authority of the constitution of California or
of the constitution and laws of the United States. in upon over. under and along
my street, highway or other public plate in the city unless he or it shall have
obtained a grunt therefor in accordance with the provisions of this article of this
charter
Sec 91 Franchises. Row Granted Eery franchise or privilege to construct
or operate street, suburban or interurban railroads along, upon over or under any
street, highway, or other public place or to lay pipes or conduits or to erect poles
or wires or other structures In. upon, over, under or along any street, highway or
other public place in the city for the transmission of gas or electricity, or for any
purpose whatever, shall be granted upon the conditions in this article provided, and
not otherwise
Sec. 92. !fanner of Granting Franchises The provisions of the state law
relstinn to the application for, conditions of, and method and manner of granting
franchises, in so far as they do not conflict with the provisions of this charter and
so far as they may be applicable, shall apply to the granting of all franchises by
[ha Sec 93. Life of Franchise The maximum length of time for which a franchise
or privilege to use the streets, highways or other public places of the city may be
granted to any person.firm or corporation shall be thirty-five (35) years.
Sec 94 wen ice and Accommodation The grant of every franchise or priv-
ilege shall be subject to the right of the city, whether reserved or not to make
all regulations which shall be necessary to secure in the most ample manner the
safety, welfare and accommodation of the public, including among other things the
right to pass and enforce ordinances to protect the public from danger and Incon-
temence in the operation of any work or business authorized by the grant of the
franchise and the right to make and enforce all such regulations as shall be reason-
nbly necessary to secure adequate sufficient and proper senice and accommodations
for the people and insure their comfort and con'emence.
Sec. 05 Rata and Cherie. 1 h grant of esery franchise or privilege shall be
subject to the right of the city, whether reserved or not, to prescribe and regulate the
rates, fares, rentals or chargre made for the service rendered under such franchises
but an no case shall the'alue of the franchise of the grantee (exclusive of the amount
onginally paid to the city for such franchise and of any tax or annual charge) be
considered or taken into account in prescribing and regulating such rates fares,
rentals or charges. The grant of etery franchise for a street. suburban or Inter-
urban railroad shall protide that nil United States mail carriers, policemen and fire-
men of the city shall at all limes. while in the actual discharge of their duties, be
allowed to rule on the cars of such railroad within the boundaries of the city. without
paying therefor and with all the rights of other passengers.
Sic 06. Right of City to lssume Ownership Eery ordinance granting any
franchise shall provide that at the expiration of the period for which the franchise
won granted or at any time before as stated in the ordinance, the city, at its election
and upon the payment of a fair 'aluation therefor to be made In the manner pro-
'idrd in the onhnance making the grant. may purchase and take over to itself the
property and plant of the grantee in its entirety hut In no raw shall the talus of
the franchise of the grantee (exclusne of the amount originally paid to the city
therefor) lit considered or taken into account In fixing such valuation Or it may
be provided in the ordinance granting any franchise that the property and plant
of the grantee shall, at the expiration of the period for which the franchise was
granted. become the property of the city,without any compensation to the grantee
Sec 97 No Conveyance Necessary Every ordinance granting any franchise
shell further pro'ide that upon the payment by the city of a fair valuation in the
manner pro'ided in the ordinance, the plant and property of the grantee shall become
the propert) of the city by virtue of the grant in payment thereunder, and without
the execution or an' Instrument nr con'e)anee Or in case it is pro ,ded in the
ordinance granting any franchise that the property and plant of the grantee shall, at
the expiration of the period for which it was granted, become the property of the
city without an' compensation to the grantee, the property and plant of the grantee
shall then become the property of the city by 'Irene of the grant and without the
execution of nn) instrument or commence
SEC OS /..rose or issipnmcnt of Franchises Any franchise granted by the
city shall not he leased. assigned or otherwise alienated without the express consent
'.f the cut) and no dealings with a lessee or assignee on the part of the city to require
the performance of any act or payment of any compensation by the lessee or needs-nee
�s
ozm1 GOOgIC
Feb 7, 1911] SENATE JOURNAL 689
shall be deemed to operate as such consent, provided, that nothing herein shall be
construed to prevent the grantee of such franchise from including in it a mortgage or
trust deed executed for the purpose of obtaining money for corporate objects
SEC. 09 ',trete Bpnniting, Gleaning and Paving Fiery grant of any franchise
or privilege in. oter. under or along any of the streets, highways or public places In
the city for railway purposes, shall be subject to the conditions that the person. firm
or corporation, exercising or enjoying the same shall sprinkle, clean, keep in repair
and pate and repute so much of said street. 'imbue,- or other public place as m.y be
occupied by said railway as lies between the rads of each railway track, and between
the lion of double track, and for a space of two feet outside of said tracks
SEC 100 Examination of Books The city of San Luis Obispo,by its city clerk.
or accountants authorized b7 the city clerk, or by the council, shall have the right
at all reasonable times to examine all books, vouchers and records of any person,
arm or corporation exercising or enjoying any franchise or peonage granted by the
city for the purpose of verifying any of the statements of gross receipts prof ided for
and for any other purpose whatsoever connected with the duties or privileges of the
city or of such person firm or corporation analog from this charter or from the
ordinance granting the franchise, and may audit the same at the end of each year
SEC 101 Annual Reports Eteq person, firm or corporation operating any
business under a franchise emoted under this article, after five years from the
crowing thereof shall file annually with the city clerk on such date as shall be
heed by the council a report for the preceding year
Such report shall be in wnting, verified by the affidavit of such person or persons.
or officer of the corporation as the council shall direct_ and shall contain a state-
ment in such form and detail as shall from time to time be prescribed by the council
of all the gross receipts arising from all the business done by said person, firm or
corporation within the city of San Luis Obispo for the year immediately preceding
such report Cuch report shall contain such further statements as may be required
ly the council concerning the character and amount of business done and the amount
of receipts and expenses connected therewith, and also the amount expended for new
construction, repairs and betterments during such year
SEC 102 Payment of Gross Receipts The stipulated percentage of gross receipts
shall be paid annually ay the time of filing the annual report Failure to pay such
pd rcentage shall work a forfeiture of the franchise The provisions as to payment
of gross receipts shall apply to every person, firm or corporation using or operating
the works constructed under such franchise
SEC. 103 Forfeiture Every ordinance granting any franchise or privilege shall
provide for the termination and forfeiture thereof for any breach or failure to comply
with any of the terms, limitations or conditions thereof and in all such cases the
council shall hate poise? to declare the termination and forfeiture of any such fran-
chise or pnvilege, the same as though in each instance such power was expressly
reserved.
Sec 104 Franchises Not in Usti Forfeited. All franchises and privileges here-
tofore granted by the city which are not in actual use or enjoyment or which the
Grantees thereof have not in good faith commenced to exercise, shall be declared for-
te tied and invalid unless such grantees or their assigns shall, within sir months
after this charter takes effect, in good faith commence the exercise and enjoyment of
such privilege or (machine.
AancLe XVII
MtsCLLLAY W0s
SEC 105 When This Charter Tales Effect For the purpose of nominating can-
didates and electing mayor, city clerk, councilmen and school directors in accordance
with this charter this charter shall take effect from the time of the approtal of the
same by the legislature, for all other purposes It shall take effect on the 15th day of
May 1911
SEC. 106 First Election The hoard of trustees of the city of San Luis Obispo
in office at the time this charter is approved by the legislature shall provide for the
holding of the first election of officers under this charter, shall canvass the totes,
declare the result and approve the bonds of n11 officers elected at such election
Sec 107 Terms of Incumbents In Office The members of the board of trustees.
the city clerk and the members of the board of education m office at the time of the
a protnl of this charter by the legislature shall continue to hold office and discharge
their duties until the election and qualification of the mayor, city clerk, councilmen
rod school directors, respectively, first elected under this charter
The term of each of all the other officers in offic• at the time this charter takes
effect shall cease and terminate when the council first elected hereunder shall by reed.
lotion so declare
SEC 108 Existing Ordinances Continued in Force All lawful city ordinances.
resolutions and regulations in force at the time this charter takes effect and not Incon-
sistent with the provisions thereof are hereby continued in force until the same shall
be duly amended or repealed.
Sec 100 Conduct of Legal Proceedings The city attorney shall prosecute in
behalf of the people, all criminal canes arising from violations of the provisions of
44 CAJ
Desuans Goo8le
690 SEN tTE JOuan tL [Feb.7 1911
this charter and the ordinances of the city, and shall attend to all suits and pro-
ceedings in which the city may be legally interested provided the council shall have
control of all litigation of the city and may employ other attorneys to take charge of
ant litigation or to assist the city attorney therein
Sac 110 Violation of Charter and Ordinances. The violation of any of the pro-
visions of this charter or of any ordinance of the city shall be deemed a misdemeanor
and mai be prosecuted by the authorities of the city in the name of the people of the
State of California,or may be redressed by coil action- at the option of said authon-
nes. Any person sentenced to imprisonment for the violation of a provision of this
charter or of an ordinance may be imprisoned in the city jail, or, if the council by
ordinance shall so prescribe in the county jail of the count, In which the city of
San Luis Obispo is situated in which vise the expense of such impnsonment shall
be a charge in favor of such county against the city of San Luis Obispo
CEUTIWICATE.
WHEREAS. The city of San Luis Obisppo, a city containing a population of more
than three thousand and fife hundred and less than ten thousand inhabitants, on
the ele.enth day of April nineteen hundred and ten, at a general election and under
and in accordance with the provisions of section eight, article eleven of the con-
stitution of the State of California did elect Geo H Andrews, S I) Ballon Jams
Blackburn. Forrest E. Brown, A L. Dutton. J F Hayes, Warren M John. W A
Kesler, 11- H Mete, A McAlister, Howard M Payne L. F Smaheimer, F. L
Smith. R. M Smith and W M Stover a board of fifteen freeholders to prepare and
propose a charter for said city
BE IT KSOwc. That in pursuance of said provisions of the constitution and
within a period of ninety days. after said election, said board of freeholder.' has
prepared and does propose the foregoing as and for the charter of the city of San
Luis Obispo and that in submitting and proposing such charter, the hoard of free-
holders pursuant to said provision of the constitution, also presents therewith for the
choice of the inters, and to be voted on separately without prejudice to the other
provisions contained in the charter, an alternative proposition hereinafter stated
Said alternati.e proposition shall, if approved by the voters, take the place of
Section GT of Article XI of the proposed charter• which reads as follows "A
municipal election shall be held in the city on the first Monday in May In the year
1911 and on the first Monday in Apnl in 1913. and on the first Monday in April in
e.en second year thereafter, and shall be known as the general municipal election.
All other municipal elections that may be held by authority of this charter or of
general ban shall be known as special municipal elections". and also of Subdivision
21 of Section 68 of Article XI of the proposed charter, which reads as follows• "The
candidates equal in number to the persons to be elected who shall receive the highest
number of votes at such election shall be declared elected to the office for which they
are candidates"
Said alternative proposition shall be submitted to the voters for their approval
or rejection at the same election at which the charter shall be submitted, and upon
the ballots shall be punted "Shall the alternative proposition. providing for second
elections take the place of Section 67 of Article XI and Subdivision 21 of Section 68
of Article XI"
Said alternative proposition is as follows
SEC 67 A municipal election shall be held in the city on the second Monday in
April in the year 1911, and on the first Monday In April In 1913, and on the first
Monday in April in every second year thereafter• and shall be known as the general
municipal election A second election shall be held, when neceteary. as provided
in Subdivisions 21 of Section 63 on the third Monday after said general municipal
election and shall be known as the second general municipal election All other
municipal elections that may be held by authority of this charter or of general law
shall be known as special municipal elections
SEC 68 (21) In case there is but one person to be elected to any office, the
candidate recenmg a majority of the votes cast for all the candidates for that
office shall be declared elected, in case there are two or more persons to be elected
to an office, as that of councilman, or school director, then those candidates equal in
number to the number to be elected, who receive the highest number of votes for
such office shall be declared elected provided, however that no person shall be
declared elected to any office at such first election unless the number of votes received
hr him shall be greater than one half of the number of ballots cast at such election
If at any election held as above provided there be any office to which the required
number of persons nes not elected, then as to such office the said first election
shell he considered to have been a primary election for the nomination of candi-
dates and a second election shall be held to fill said office. The candidates not
elected at such first election, equal in number to twice the number to be elected to
an. green office, or less If so there be. who receive the highest number of votes for
the respective offices at such first election, shall be the only candidates at such
second election, provided that if there be any person, who. under the provisions of
this subdivision, would have been entitled to become a candidate for any office except
for the fact that some other candidate received an equal number of votes therefor.
DocuscwGoogle
Feb 7 1911] SEN%TE JOURNAL 691
then all such persons receiving such equal number of votes shall likewise become
candidates for such office The candidates equal in number to the persons to be
elected who shall receive the highest number of votes at such second election shall
be declared elected to such office The said second election, if necessary to be held,
shall be held three weeks after the first election All the provisions and conditions
above set forth as to the conduct of an election, so far as they may be applicable
shall govern the second election, except that notice of election need be published
twice onij and provided also that the same precincts and polling places shall, if
possible be used
I� Wrrwrss WHEREOF, We have hereunto set our hands in duplicate this 8th
day of July, one thousand nine hundred and ten _
WARREN M JOHN President.
HOWARD M PAYf4E, Secretary
A 1IcALISTER
F L. SMITH
J F HAYES
W A KESLER
JAMES BLACKBURN
GEO H ANDREWS.
A. L. DUTTON.
• FORREST E BROWN
W M STOVER.
R M SMITH
S D BALLOU
Endorsed Received this 9th day of July, 1910
E W CLARK,
President of the Board of Trustees of the
City of San Luis Obispo, Califronia
Filed July 11, 1910
W J MaLrs, City Clerk.
STATE OF CALtypnyLA. )))
Couic r or SAN Lois Ossapo, } es
Crrr or SAS Luis Osmsro 1
i E W CLARK, president of the board of trustees of the city of San Luis
Obispo, State of California, do hereby certify that I now am and at all the times
herein mentioned was the duly elected, qualified and acting president of said board
of trustees of the city of San Luis Obispo
That Warren M John, Howard M Payne, A McAlister F. L. Smith, I F.
Hayes, W A Kesler, James Blackburn, Geo H Andrews, A. L. Dutton, Forrest
E Brown, W M Stover, R M Smith, 9 D Ballou, L. F 9lnsheimer and W
II Metz, a majority of whose names appear signed to the foregoing proposed
charter and the alternative proposition were and each of them was on the 11th
daj of April, 1910.duly elected by the qualified voters of said city as a board of free-
holders to prepare and propose a charter for said city, that each of the persons so
elected was a freeholder and was at the time of said election, and had been con-
tinuously for more than five (6) years immediately prior thereto a qualified elector
of said city of San Luis Obispo. that said board of freeholders in accordance with
law, prepared and proposed a charter and prepared and proposed the foregoing
alternative proposition for said city of San Luis Obispo In duplicate, that the
foregoing is a full, true and correct copy of said proposed charter for said city of
San and Luis proposed Obispo.by id hoard othefreeholders.e aislte alternative proposition, which were prepared
copy of which said proposed charter
and of said proposed alternative proposition was duly returned to me, as president
of the said board of trustees of the city of San Luis Obispo and the other copy
thereof was duly returned to and filed with the recorder of the county of San
Luis Obispo. all within ninety (90) days after said election. as required by Sec-
tion S of Article 11 of the Constitution of this State, that such proposed charter
and the said alternative proposition were then published in the 'Morning Tribune"
(the same being a daily newspaper of general circulation in said city) for more
than twenty (20) days and the first publication thereof was made within twenty
days after completion of said proposed charter and said alternative proposition, that
"'thin thirty (30) days after the publication of said proposed charter and the
said alternative proposition as aforesaid and as required by said Section 8 of Article
11 of said Constitution, to wit On the 12th day of September- 1910, said proposed
charter and said alternative proposition were submitted at a special election duly
held and called therein for the purpose of ratifying or rejecting said proposed
charter and the alternative proposition submitted therewith, that by a majority
of the votes of the qualified electors voting at said election, said proposed charter
wn5 ratified as a whole and said alternative proposition therein contained being
voted upon separately was rejected by a majority of such votes, that the returns
of said election were duly canvassed by the board of trustees of mid city of San
Luis Obispo, on the 19th day of September. 1910. and the result thereof declared as
cry :vierGoogIC
692 SENATE JOURNAL [Feb 7 1911
above set forth, that in all matters and things pertaining to said proposed charter
and the said alternative proposition the provisions of Section 8 of Article 11 of the
constitution and the laws of the State of California pertaining to the adoption
of said proposed charter and of said alternative proposition hate m eiery particular
been fully complied with
In WITNESS WuEBEoF, I hereunto set my hand and cause the corporate seal of
said city of San Luis Obispo to be affixed, this 22nd day of December. 1010
E W CLARK,
[SEAL] President of the Board of Trustees of the
City of San Luis Obispo re o[ the
C ty
Attest W J MILES
City Clerk and ex officio Clerk of the Board of Trustees of the
City of San Linn Obispo.
AND WDRHEAS, said proposed charter has been duly presented and submitted
to the Legislature of the State of California for approval or rejection without power
of alteration or amendment, in accordance with Section 8 of Article 11 of the Con-
stitution of the State of California, now• therefore, be it
Resolved by the Senate of the State of California, the Assembly thereof con-
curring (a majority of all the members elected to each house voting for the adoption
of this resolution and concurring therein) 'Phut said charter of the city of San Luis
Obispo as presented to, adopted and ratified by the qualified electors of said city be
and the same is hereby, approved as a whole as and for the charter of the said city
of San Luis Obispo
Senate concurrent resolution read
The question being on the adoption of the Senate concurrent resolu-
tion
The roll was called, and Senate Concurrent Resolution No 11
adopted by the following vote-
Ares—Senators Avey, Bell Bills, Birdsall, Black, Boynton, Bryant. Cammetu,
Campbell Cotten. Estudillo, Finn, Gates, Hans Holohan. Hard, Juilliard, Lewis,
Martinelli, Began. Roseberry, Bush. Sanford. Shanahan, Stetson, Strobridge, Tyr-
rell Walker, and Welch-20
Noss—None
Senate Concurrent Resolution No 11 ordered engrossed, and trans-
mitted to the Assembly
SECOND READING OP SENATE BINS—(RESUMED)
Senate Bill No 429—An Act to amend the Political Code of the
State of California by adding a new section to be numbered four thou-
sand one hundred thirty-five b, relating to the recording of certain
instruments once in the office of the county recorder, and providing
for the indexing of such instruments in lieu of additional recording
During second reading of the bill, the following amendments were
submitted by committee.
On page 1, Section ], lines 4, 5, G, and 7, strike out all of Imes 9. 5. 0, and T,
beginning a lth the cord "whenever" and ending with the word "or", and insert in
lieu thereof the following "Whenever a deed, deed of trust, mortgage, or chattel
mortgage has been filed for record with the county recorder of any county In the
State of California and"
-
Amendment adopted.
Also-
On page 2, Section 2, strke out all of Section 2
Amendment adopted
Bill read second time, ordered to pnnt, engrossment, and third
reading
ut....:oo u,GOOslc