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HomeMy WebLinkAboutOriginal 1911 Charter670 SENATE JOURNAL. [Peb. 7,1911 THIRD READING OF SENATE BILIr OUT OF ORDER). SENATE CONCURRENT RESOLUTION No. 11. Approving the charter of the city of San Luis Obispo, in the county of San Luis Obispo, State of California, which was voted for and ratified by the qualified electors of said city at a special municipal election held therein for that purpose on the 12th day of September, 1910. WHEREAS the city of San Luis Obispo, in the county of San Luis Obispo. State of California is now and at all the times herein referred to was a city containing a population of more than 3,500 and less than 10,000 inhabitants. and WHEREAS at an election held in said city on the 11th day of April, 1910. in accordance with ]aa• and the provisions of Section 8 of Article 11 of the Constitu- tion 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 (90 ) days next after such election, prepare and propose a chatter for said city, which said charter was on the St day of July, 1910, signed in duplicate by a majority of the members of said board of fifteen (15) 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 (he being the chief executive officer of said city) and the other copy 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 WIIEREAS such proposed charter was thereafter published in the "Morning Tribune," a daily newspaper printed and published, and of general circulation in said city of San Luis Obispo and the said charter being published as aforesaid for 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 IVIIEREAS said charter was within thirty (30) clays after the completion of said publication submitted by the board of trustees of the city of San Luis Obispo Lo the qualified electors of said city at a special election previously, duly. and regularly called and thereafter held in said city on the 12th day of September, 1910. and NVIIE:REAY at said last mentioned special alection a majority of said qualified 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 alternative proposition was not chosen by the majority of the qualified electors voting at said election, and WHEREAS the board of trustees after canvassing said returns of said special election duly found, determined, and declared that the majority of said qualified electors voting at said special election had voted for ratifying said charter as a whole as above specified,' and 11'1IEREAS the same is now submitted to the legislature of the State of California for its approval or rejection as a whole, without power of alteration or amendment in accordance with the provisions of Section 8 of Article 11 of the Constitution cf the State of California, and W11F.REAs said charter was ratified in the words and figures following, to wit: CHARTER OF THE CITY OF SAN LUIS OBISPO PREPARED AND PROPOSED BY THE BOARD OF FREEHOLDERS ELECTED APRIL 11, 1910, IN PURSUANCE OF THE PRO- VISIONS OF SECTION S, ARTICLE XI 01' TIIE CiONSTITUTION OF THE STATE OF CALIFORNIA. Article I. Name and rights of the city. Article II. Boundaries. Article III. Elective officers. Article IV. The mayor. Article V. Executive and administrative departments. Article VI. The council. Article VII. Powers of the city and of the council. Article VIII. City clerk. Article 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. Franchises. Article XVII. Miscellaneous. ogtzed,,GooSle Feb. 7, 1911 SENATE JOURNAL. 671 ARTICLE 1. NAME AND RIGHTS OF THE CITY. SECTION 1. ?Name of City. The municipal corporation now existing and known as the city of San Luis Obispo shall remain and continue a body 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 city of San Luis Obispo shall remain vested with and continue to have, hold and enjoy all property, rights of property and rights 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 municipality. ARTICLE II. BOUNDARIES. SEC. 3. Boundaries. The boundaries of the city of San Luis Obispo shall be as follows: Commencing at a stone 31" x 14" x 10" on the south boundary of township 30 south range 12 east, 31. 1). 31. 20 chains east of corner to soetions and 30. -- the southeast corner of the city of San Luis Obispo; thence north on a true line, at 9.15 chains cross a fence bears north 30 deg. east, south 30 deg. west, at 9.30 chains it sycamore 48 -',* in diameter is 5 links ensi. at 9.SO chains across a stronm 3 links wide runs south 30 deg. west, at 15.90 chains cross a fence east and west. at 24.50 chains cross a creek runs south 40 deg. west, at 37.60 chains a creek 10 links wide runs southwest from north 10 deg. east, at 50.27 chains cross a fence east and west, at 50.50 chains the Arroyo de Los Laureles 60 links wide water in pools runs southwest, at 54.35 chains intersect the south boundary of Deleissigues addition at a post in fence bearing north 691 deg. east, south 6914 deg. west, a laurel tree 30" in diameter, the southeast corner of said addition bears north 69 deg. 26' east 5.32 chains distant. at 64.10 chains a post on line in fence bearing north 33 deg. west and south 33 dog. cast. I�•ave D( loissi_ues' addition. at 77.x0 chains cross a ravine runs south 80 deg. west ascend, at 81.50 chains cross a ravine runs west, at S9.5U chains a stream � links wide runs south SO deb,. west ascend spur, at 97.10 chains top of spur descend a post in stone mound, at 107.50 chains a deep ravine runs west enter flat, at 111.25 chains ravine runs southwest ascend. at 121.00 chains top of spur, at 126.50 chains a ravine runs S. 60 deg. west, at 128.00 chains top of high spur descend, at 134.00 chains a deep ravine runs west. at 140.00 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 5.00 chains cross a fence at foot of steep descent. at 8.00 elmins enter valley northwest and southeast_ at 11.00 chains enter willows along San Luis creek, at 12.00 chains cross creek 25 links wide runs south 80 deg. west, at 14.00 chains leave willows, a house is 11 chains north, at 23.00 chains cross a gulch runs south, at 23.08 chains a stone 4" x 14" x 10" in line of a fence bears uortheast and southwest on southeast side of road on continuation of Monterey street, at 24.62 chains a fence bears northeast and southwest, leave road, at 20.55 chains a fence bears north anal south, corner of fence is 186 links south, at 35.13 chains cross a fence bears north and south, at 39.00 chains a gulch runs south, at 43.80 chains a fence bears north and south, enter Grand avenue, at 45.30 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 (bears north and south), the corner of a fence bearing east and west is 426 links south, at 56.70 chains to of knoll, at 61.20 chains Mr. A. R. Hathaway's house is 7 chains south, at 65.50 chains a gulch runs southwest, at 80.50 chains a gulch runs south 20 deg. west, at 100.00 chains a gulch runs south, at 104.50 chains to old Garden creek 80 links wide runs south, at 106.15 chains on the west side of road bearing north and south in line of fence a post, -the fence hearing east and west is 5.00 chains south, at 127.00 chains cross Stenner creek 20 links wide runs south 20 deg. east, at 130.50 chains cross a gulch runs north, at 140.00 chains to stone 3" x 14" x 7" northwest corner of the city; thence south on a true line. at 5.20 chains cross a fence bears east and west. Enter Stenner's field, at 16.50 chains cross a ravine runs east. ascend, at 44.75 chains intersect the line between Stenner and Feliz a post, at 47.20 chains top of spur of Cerro Obispo. at 52.00 chains descend at 64.91 chains intersect the line between J. Y. Feliz and Ventura Fernandez at post in fence (bears east and west) at 89.00 chains cross a gulch runs southeast, at 104.95 chains cross a fence east and west. enter Harford's addition, at 12930 chains to intersection with line of Laguna Rancho and stone 31" x 14" x 8" corner to city ; thence along Laguna line south 43 deg. 29' east 16.80 chains to intersection with south boundary of township 30 south, range 12 E., M. 1). BI. at stone 3" x 12" x 9 ", the southwest corner of the city ; thence along the south boundary of the city north 89 deg. 25' east on a true line, at 23.28 chains a post in a fence (bears north and south) on the east line of Harford's addition 350 links north of south line of said addition; at 62.90 chains a post in fence (bears north and south) on the easterly line of W. L. Beebee's land. The south line of Beehee and Phillip's addition is 388 links south, at 83.85 chains a post in a fence (bears ogtzed,,GooSle 672 SENATE JOURNAL. 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 bears southeast 444 links distant, at 103.24 chains a post in a fence (bearing north and south) on the east line of H. S. Rembaugh's land 347 links north of south line of said lands, at 128.00 chains to the southeast corner of the city, the point of beginning. All the poste above mentioned are of redwood 4" x 4" x 4 feet in height, marked "S. L. O. City Limit." ARTICLE III. ELECTIVE 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 major, city clerk, councilmen and school directors 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, a person must be a citizen of the United States and a qualified elector of the State of California and of the city of San Luis Obispo. 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 in Office of Mayor, Clerk or Councilman. If a vacancy shall occur in the office of mayor, city clerk, or councilman, the council shall appoint a person to fill such vacancy. SEC. 0. 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 offica for a 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 election 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. SEC. 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 dollars, 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 above officers if deemed necessary. Every bond shall contain the condition that the principal 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 fix 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 approving the same. All bonds, when approved, shall be filed with the city clerk. All the provisions of any law of this state. relating to official bonds, not inconsistent with this charter, shall be complied with. SEC. 14. Oath of Office. Every 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. Salaries. The mayor shall receive an annual salary of'six hundred dollars, payable in equal monthly installments. The city clerk shall receive an annual salary of one thousand five hundred dollars, payable in equal monthly installments. Digitized by G OOSIc 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. 16. Administering Oaths, Sabptrna.e. livery elective officer, every chief official and every member of any board or commission provided for in this charter shall have the power to administer oaths and affirmations, and every such officer, board or commission shall have the power to issue subpoenas, to compel by subpoena the production of books, papers and documents, and to take and hear testimony con - cernm-z any matter or thing pending before such otficwr, board or commission. If any person so subWnaed neglect or refuse to appear, or to produce any book, paper or document as required by such subpoena, or shall refuse to testify before any such officer, board or commission or to answer any questions which any officer, or a majority 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 a police officer or police officers to serve such subpoena. ARTICLE IV. THE MAYOR. SEC. 1T. General Duties. The Mayor shall be the chief executive officer of the city and shall see that all the ordinances thereof are duly enforced. He shall be charged with the general oversight of the several departments of the municipal gov- ernment. He shall see that all contracts made with the city are faithfully per- formed. SEC. 18. Mayor pro tempore. During the temporary absence or disability of the mayor, the vice - president of the council shall act as mayor pro tempore. In case of the temporary absence or disability of both the mayor and vice - president, t�e 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 provided in this charter. SEC. 19. Reports. The mayor shall annually and from time to time give the council information relative to the affairs of the city and recommend to Its con- sideration such matters as he may deem expedient. SEC. 20. Examination of Books. 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 city clerk. Such accountant shall have unlimited privilege of investigation, to examine under oath or otherwise all officers, 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. Supervision of Public Utility Companies. The mayor shall be charged with the general supervision of all public utility companies in so far as they are subject 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 such 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 have 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 necessary 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. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS. SEc. 23. municipal Departments. The executive and administrative powers, authority and duties of the city, not otherwise provided for, shall be distributed 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 ogtzed,,Goo8Ie 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 have authority to make such designation. The council may change such designation 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. SEC. 25. Powers and Duties. The council shall determine and assign the duties of the several departments subject to the provisions 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 in 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 cease 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, five library trustees and fire chief. They shall be appointed and may be removed by a majority 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 such 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 charter, to provide the modes of filling them, to prescribe the duties 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. 28. Compensation of Officers and Employees. The compensation of all city officers provided for by section twenty -six of this charter, except library trustees, who shall receive 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 any fees, perquisites, emoluments, rewards or compensation, aside from the salary or compensation as fixed by the council, but all fees received by him in connection with his official duties shall be paid by him into the city treasury. SEC. 29. Department Reports. Each department and commission 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 department 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 lie was a member thereof, until one year after the expiration of the term for which he was elected. SEC. 32. Not to be Interested in Contracts or Franchisee. 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 city. 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. Digitized,, GooSIc Feb. 7, 1911 ] SENATE JOURNAL. 675 Any contract or agreement made in contravention of this section shall be void. Any violation of the provisions of this section shall be deemed a misdemeanor. The council shall enforce the provisions of this section by appropriate legislation. SEC. 3.4. Political and Rcfigious Tests. 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 services, 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 services. ARTICLE VI. TIIE COUNCIL. SEC. 34. General Powers. The council shall be the governing body of the muni- cipality. It shall exercise the corporate powers of the city, and, subjecr to the express limitations of this charter, shall be vested with all powers of legislation in municipal affairs adequate to a complete system of local government consistent with the constitution of the state. SEC. 35. Presiding Officers. The mayor shall be president of the council and shall preside at its meetings when present. The council shall elect one of its number to be vice- president. SEC. 36. Meetings. The council shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called. SEC. 37. Meetings to 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. Ordinances and Resolutions. (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 votes of at least three members of the council. (4) Every ordinance or resolution, except an ordinance making appropriations, 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 city of San Luis Obispo as fol- lows:". (t;) To constitute an ordinance a bill must before fi al action thereon be passed to print 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 like 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 limits, 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 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. (9) All resolutions and ordinances shall be signed by the mayor and attested by the city clerk. (10) No ordinance shall be revised. re- enacted or amended by reference to its title only; but the ordinance to be revised 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- nances. (11) No ordinance nor section thereof shall be repealed except by ordinance cdopted in the manner provided in this section. (12) No bill for the grant of any franchise shall be put upon its final passage within thirty days after its introduction, and no franchise shall be renewed before one year prior 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 ordinance, shall be prima facie evidence of the contents of the ordinance Ynd of the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed ogtzed,,GooSle 670 SENATE 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 prevent the proof of the passage and publication of an ordinance in the usual way. SEC. 41. 'Absent Commissioner. No final action shall be taken 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 previous 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 first year after its organization under this charter and from time to time thereafter, shall cause all ordinances at such time in force to be classified under appropriate heads, and. together with or separately from the charter of the city and such pro- visions of the constitution and laws of the State as the council may deem expedient. to be published in book form. ARTICLE VIL POWERS OF THE CITY AND OF THE COUNCIL. SEC. 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 have the right and power: (1) To acquire by purchase, condemnation or otherwise, and to establish, main- tain, equip, own and operate libraries, reading rooms, art galleries, museums, schools. kindergartens, parks, playgrounds. places of recreation, fountains, baths• public toilets, markets, hospitals, charitable institutions, jails, houses of correction and farm schools, workhouses, detention hones, morgues, e,nivtcrie , crematories, garb.1p, collection and garbage disposal and reduction works, street cleaning, sired pay ing and sprinkling plants, quarries and all other public buildings, places, works 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 works, 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 service of any kind within or without the city. (4) To sell gas, water, electric current and all products of any public utility operated by the city. (5) To acquire by purchase. condemnation or otherwise, within or without the 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 and effectuate any other public purpose; and to sell, convey, encumber and dispose of the same for the com- mon benefit. (6) To receive bequests, gifts and donations of all kinds of property, in fee simple. or in trust for charitable and other purposes, and do all acts necessary to carry out the purposes of such bequests, gifts and donations. 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 authorized to provide and for carrying out any of the powers which the city is authorized to enjoy and exercise and to issue bonds therefor; prorided, 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 observed 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 coun- cil may be authorized, in cases where public necessity requires the expenditure of any sum so voted before the next succeeding tax levy, to borrow such sum and provide in the next succeeding tax levy for its repayment with interest at not exceeding five per cent per annum. Or the council may he 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 available. (9) To sue and defend in all courts and places and in all matters and proceed- ings. SEC. 44. Direct Legislation. The qualified voters of the city shall have power through the initiative 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 above general powers of the city or any of the specified powers of the council. SEC. 45. Powys of Council. As the legislative orgar. of the 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 instru- ments or writings needing authentication. (2) To prescribe fines, forfeitures and penalties for the violation of any provision of this charter or of any ordinance: but no penalty shall exceed five hundred dolhirs or six months' imprisonment, or both. ogtzed,,GooSle Feb. 7, 1911 ] SENATE 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 prescribe fire limits and determine the character and height of buildings that may be erected therein and the nature of the materials to be used in the con- struction, alteration or repair of such buildings or in the repair or alteration of existing buildings within such fire limits. (10) To regulate the construction of and the materials 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 electricity 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 prevent the construction and to cause the removal of dangerous chimneys. fireplaces, hearths, stoves, stove pipes, ovens, boilers, apparatus and machinery used in any building in the city; 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 provisions to guard 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 every 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 trains, 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 prevent encroachments upon or obstructions to the streets, and to reeqquire their removal. (13) 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 authorize 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 lien upon such buildings or grounds. (17) To regulate, license or prohibit the construction and use of billboards and signs. (18) To regulate and, prevent the running at large of dogs, to provide for the destruction of vicious dogs, and to require the payment of license fees by the owners or persons having possession of dogs, and to impose penalties upon such persons for refusing to pay such license fees. (19) To prevent 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; Digitized by GooSle 678 SENATE JOURNAL. [Feb. 7, 1911 to make quarantine laws and regulations; to regulate, control and prevent the entry into the city of persons, baggage, merchandise or other property infected with con- tagious disease. (22) To regulate or prohibit the operation of all manufactories, occupations or trades which may be of such a nature as to affeet the public health or good order of the city or disturb the public pence, or which may be offensive or dangerous to the inhubitants 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 remises owned or con- trolled by them; to make regulations for the suppression of p 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 any of their products in the city. (24) To regulate lodging, tenement and npartnreut honse5 and to prevent thN overcrowding of the same and to require that they be put and kept in proper sanitary condition. (25) 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. (26) 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 carried on in the city ; to fix the rates of licenses upon the same, and to provide for the collection thereof by suit or otherwise. (28) To establish stands for backs, 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 posted in or upon such public vehicles. (29) To 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 and amusements; to prevent and prohibit all descriptions of gambling and fraudu- lent devices and practices, all playing of cards, dice or other games of chance for the purpose of gambling, the keeping or operating of card machines, slot machines or other contrivances upon or into which money is staked, hazarded, deposited or laid upon chance and the selligg of pools on races, and to authorize the destruction of all instruments used for the purpose of gambling. (31) To restrain. and punish vagrants, mendicants, lewd persons and prostitutes; to prevent and punish drunkenness, prize fights and all offensive, immoral, indecent and disorderly conduct and practices in the city. (32) To levy and collect taxes upon all the real anti personal property within the city, subject to the limitations elsewhere in this charter provided. (33) To order the repaying by the treasurer of any 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. (35) To provide an urgent necessity fund not exceeding five hundred dollars a year, to be expended under the direction of the mayor. (36) 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 responsible bidder at the bighest monthly rent, after publication of notice thereof for at least one week, statine explicitly the time and conditions of the proposed lease: provided, that the council cony in its discretion reject any and all bids. (37) To provide for the purchase of property levied upon or under execution in favor of the city, but the amount bid on such purchase shall not exceed the amount of judgment and costs. (38) To provide for the sale at public auction, after advertising for five days, of personal property unfit or unnecessary for the use of the city. 139) To provide for the execution of all trusts confided to the city. (40) To establish or change the grade of any street or public place. (41) To grade or regrade to the official grade, plank or replank, pave or repave, macadamize or remacadamize, gravel or regravel, pile or repile, cap or recap, sewer or resewer. surface or resurface the whole or any part of any street, avenue, lane, n1ley, court or place within the city, and to lay and construct sidewalks, manholes, culverts. cesspools, gutters, 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 in accordance with the general laws of the State of California. Also to provide for the care of shade trees planted therein and to cause shade trees to be planted, set (,ut and cultivated therein. Also to order drainage or sanitary sewers or storm water sewers to be constructed on or through private property. Whenever. 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 assessments on private Digitized by GooSIc Feb. 7, 19111 SENATE JOtIRN AL. 679 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 in conformity thereto; provided, however, that at least one - fourth of the cost and expense of grading or regrading to the official grade, planking or replanking, paving or repaving, macadamizing or remacadamizing, graveling or regraveling, piling or repiling, cap- ping or recapping, surfacing or resurfacing the whole or any part of any street, avenue. 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 work shall be made on private property nor become a lien on the same in amount greater than three - fourths of the total cost an] expens -s of . such work or improvement: and the council shall, before any assessment for any such work is made tip, designate by resolution the proportion of the total cost and expense of the same to be paid by the municipality, which shall not be less than one - 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 expenses shall be assessed proportionately upon the lots, parts of lots, and lands liable to be assessed 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 within 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 necessary or convenient for that purpose. Whenever, 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 to force at the time of the improvement shall govern and control, and all proceedings shall be in conformity thereto, except that all the duties of the commissioners and secretaries shall be per - fcrmed 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 buildings and for supplying the city with water for municipal purposes. (44) 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 fix 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 (ollected by any person, firm or corporation in the city, for the use of water, heat, light, power, telephone or transportation service, supplied to the city or to the inhab- itants thereof, and to prescribe the quality of the service. (46) To have general supervision and control of the business of all persons, firms or corporations engaged in furnishing water. heat, light, power or telephone service to the city or to inhabitants thereof, or acting as common carriers of pas- s-rivers: or freieht within the city; to keep informed as to their general condition, their capitalization, their franchises and the manner in which their business is man- aged, conducted and operated, not only with respect to the adequacy, security, and accommodation afforded by their service, 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 facilities furnished shall he safe and adenuate and in all respects just and reasonable; to order such repairs, improvements, changes or additions as may he necessary to make such service adequate, just and reasonable; and to provide 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, observe and fomply 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 side of the tracks occupied by the company. (49) 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, highways 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. (50) To make all rules and regulations governing elections not inconsistent with this charter. (51) To establish a park commission, and to appoint commissioners thereon, to serve without compensation, with such powers 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. ogtzed,,GooSle 680 SENATE JOURNAL. [Feb. 7,1911 (54) 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, vegetables, breadstuffs, 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 bringing into the city or having or keeping within the city any such unsound, spoiled, adulterated or unwholesome products. (56) To enact appropriate legislation and do and perform any and all other acts and things which may be necessary and proper to carry out the general 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. . ARTICLE VIII. CITY CLERK. SEC. 46. 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 to their custody. He 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. ARTICLE IX. FINANCE AND TAXATION. SEC. 47. Fiscal 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. 48. Tax System. The council shall by ordinance provide a system for the assessment, levy and collection of all city taxes not inconsistent with the provisions of this charter. The council shall have power to avail itself by ordinance of any law of the State of California now or hereafter in force and comply with the requirements thereof whereby assessments may 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- Visions of any such ordinance while the same shall be in force. SEC. 49. Department Estimates. On or before the second Monday in Ntay in each year or on such date in each year as shall be fixed by the council, the heads of departments, officers, boards and commissions shall send to the commissioner of finance and revenue a careful estimate 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 commisssous, during the next ensuing fiscal year. SEC. 50. Estimate of Commissioner of Finance and Revenue. On or before the second Monday in June, in each year, or on such date in each year as shall 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 government for the next ensuing 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- ments of the municipal government 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 flues, licenses and other sources of revenue exclusive of taxes upon property, and the probable amount required to be levied and raised by 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 Equalization. The council shall meet at their usual place of holding meetings on the first Monday in August of each year, at ten o'clock in the forenoon of said day, and sit as a board of equalization, and shall continue in session from day to day until the second Monday in August. They shall have power to hear complaints and to correct, modify, strike out or to raise any assess- ment, provided that notice shall be given to the party whose assessment is to be raised. SEC. 53. Annual Tax Levy. The council must finally adopt, not later than the first Tuesday in September, an ordinance levying upon the assessed valuation of the property in the city, subject to the provisions of this charter, a rate of taxation upon each one hundred dollars of valuation sufficient to raise the amounts estimated Digitized by GooSIc Feb. 7, 1911 ] SENATE JOURNAL. 651 to be required in the annual budget, less the amounts estimated to be received from fines, licenses and other sources of revenue. They shall then deliver 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 said assessment roll. The cor- rected list for each tax shall be the assessment 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 Tax Levy. The tax levy authorized by the council for any one year for all municipal purposes, other than for the payment of principal or interest on any bonds of the city, or for school purposes, shall not exceed eighty - five cents on each one hundred dollars worth of taxable property in said city, except as herein provided. SEC. 55. Tax Liens. All taxes assessed. together with any percentage imposed for delinquency and the cost of collection, shall constitute liens on the property assessed; every tax upon personal property shall be a lien upon the real property 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 in any court of competent jurisdiction to foreclose such liens. or by a sale of the property affected and the execution and delivery of all necessary certificates and deeds therefor. under such regulations as-may be prescribed by ordinance, provided, that when real estate 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 tike 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. SEC. 56. Claims Against City. Additional Duties of Clerk. Money shall he drawn from the treasury only upon warrants as herein authorized. Every demand against the city from whatever source, including the school department and the free 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 he approved, allowed. audited or paid unless it specify each special item, and the date thereof. It shall be the duty of the city clerk to be constantly acquainted with the exact condition of the treasury. 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 th? treasurer the amount thereof, to what fund applicable, and by whom to be paid. Ile shall charge the treasurer with the amount received. It shall be his duty to apportion among the several funds all public money nt any time in the city treasury, 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. Ile shall on the first Monday of each month, or oftener if required, report in writing to the council the condition of each fund in the treasury. He shall keep a complete set of books for the city, in which be shall set forth in a plain and businesslike manner, every money transaction of the city so that he can at any time tell the exact condition of the city's finances, and draw all warrants on the treasury. He shall perform such other duties as may be required of him by this charter or by ordinance. SEC. 57. Disposition of Money Collected. Every officer collecting or receiving any moneys belonging to or for the use of the city shall settle for the same with the city clerk on or before the last clay 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. Wlicn the last day of the month falls upon Sunday or a legal holiday, the said payments shall be made on the next preceding business day. The council may provide, in its discretion, for the deposit of the city moneys in banks in accordance with the state law. . SEC. 58. uniform Accounts. The council shall prescribe uniform forms of accounts, which shall be observed by all officers and departments of the city which receive or disburse moneys. ARTICLE Y. PUBLIC WORK AND SUPPLIES. SEC. 59. Income From Public T.tilities. All income derived from the operation and management of any public utility by the city shall be devoted exclusively to the payment of the expense of operating, -maintaining, improving, or bettering such public utility, and to the payment of any debts and interest thereon which may have been incurred for the acquiring, improving, operating or maintaining of such utility. SEC. 60. Form of Contracts. All contracts shall be drawn under the super- vision of the city attorney. All contracts must be in writing, executed in the name Digitized by GooSIc 642 SENATE JOURNAL. [Feb. 7, 1911 of the city of San Luis Obispo by an officer or officers authorized to sign the same, and must be countersigned by the city clerk, who shall number and register the same in a book kept for that purpose. SEC. frl. Public Work to be Lone by Contract. In the erection. improvement and repair of all public buildings and public works. in ah street and sewer work, and in furnishing any supplies and materials for the same, or for any other use by the city, when the expenditure required 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 five consecutive days in the official newspaper. Such notice shall distinctly and specifically state the work contemplated to be 3one. Provided, however, the council may reject any and all bids, if deemed excessive, and re- advertise 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 estimate is lower than the lowest bid, the counci! may order the work to be done by the depart- ment of public works, but 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. Contracts for Advertising. The council shall let annually contracts for the official advertising for the ensuing fiscal year. For this purpose the council shall advertise for five consecutive days, setting forth distinctly and specifically the work contemplated to be clone, and asking for sealed proposals therefor. The 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 newspaper of general circulation and has 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 excessive, 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." SEC. (-M. Contracts for Lighting. No contracts for lighting streets, public build - lugs, places or offices shall be made for a longer period than one year, nor shall any contract to pay for electric lielnt or any illumination material at a higher rate than the minimum price charged to any other consumer be valid. SEC. 64. Collusion With Bidder. Any officer of the city, or of any department thereof, who shall aid or assist a bidder in securing a contract to furnish labor, material 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 inferior to those called for 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 be deemed guilty of malfeasance and shall be removed from office. SEC. hp. Collusion by Bidder. If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void. and the council shall advertise for a new contract for said work, or provide for such public work to be done by the department of public works, as herein provided. SEC. 66. Certain acts 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 having or contemplating any contract with the city or grantee of R franchise granted by the city, or agent, officer, attorney or employee thereof, is forbidden and prohibited from offering or giving, directly or indirectly, to any such officer or employee, any commodity or service furnished by such public service corporation or owner of a franchise, or any reduction in the rate thereof to which the public generally 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 misdemennor. Every 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. ARTICLE XI. ELECTIONS Rf:c. 67. Gencn•al and Special .11ttniripal Elretions. A municipal. eleetI D a all be held in the city on the first Monday in May in the year 1:111, and on the first Monday in April. 1913. and on the first Monday in April in every second year thereafter, and shall be known as the general municipal election. All other municipal elections tint may lie held by authority of this charter or of general law shall be known as special municipal elections. NEC. tic. Nominations and Election of City Officers. (1) The mode of nomina- tion and election of all elective officers of the city to be voted for at any municipal election shall be as follows and not otherwise: Digitized by GooSIc Feb. 7, 1911 ] SENATE 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 the conditions hereinafter set forth. (3) The petition of nomination shall consist of not less than twenty -five nor more than one hundred individual certificates, which shall read substantially as follows: PETITION OF NOMINATION. STATE OF CALIFORNIA, COUNTY OF SAN Luls OBISPO, 88. CITY OF SAN Luis OBISPO. I, the undersigned, do solemnly swear (or affirm) that I am a qualified elector of precinct No. - - - - -- of the city of San Luis Obispo, and I hereby join in a petition for the nomination of ------------ whose residence is at No. - - -- --- - - - --- street, San Luis Obispo, for the office of -------- - - - - -- to be voted for at the municipal election to be held in the city of San Luis Obispo on the - - - - -- day of ------ - - - - -- ; and I further declare that 1 am not at this time a signer of any other petition nomi- nating any other candidate for the above named office. or, in case there are several places to be filled in the above named office, that I have not signed more petitions than there are places to be filled in the above named office. --------------------------- Subscribed and sworn to before me this - - - - -- day - of ------------- Notary 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, California. (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 must be a separate paper. All certificates must be 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 any other certificate for any other candidate for the same office, nor, in case there are several places to be filled in the same office, signed to more certificates for candidates for that office than there are places to he filled in such office. In case an elector has signed two or more con- flicting certificates, all such certificates shall be rejected. Each signer must verify his certificate and make oath that the same is true before a notary public or a verification 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. (G) Verification 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 less than five 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 given, appointed as verification deputies, who shall upon appointment be authorized and empowered to take the oath of verification of the signers of petitions of nomination. Such verification deputies need not Ilse a seal, and shall not have power to take oaths for any 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) A petition of nomination, consisting of not less than twenty -five nor more than one hundred individual certificates for any one candidate, may be presented to the city clerk not earlier than forty -five days nor later than thirty days before the election. The clerk shall endorse thereon the date upon which the petition was pre- sented to him. (5) When a petition of nomination is 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 may 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 hereinbefore provided. If neces- sary, the council shall provide extra help to enable the clerk to perform satisfactorily and promptly the duties imposed by this section. (9) Any signer to a petition of nomination and certificate may withdraw his name from the same by filing with the city clerk a verified revocation of his signature before the filing of the petition by the clerk, and not otherwise. lie shall then be at liberty to Riga a petition for another candidate for the same office. ogtzed,,GooSle 684 SENATE JOURNAL. [Feb. 7, 1911 (10) Any person whose name has been presented under this section as a candidate may, not later than twenty -fire days before the day of election, cause his name to be withdrawn from nomination by filing with the city clerk a request therefor in writing, and no name so withdrawn 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 provided, the clerk shall file the same twenty -five days before the date of the election. When a petition of nomination shall have been filed by the clerk it shall not be withdrawn nor added to and no signature shall be revoked thereafter. (12) The city clerk shall preserve in his office for a period of two years 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 as being the list of candidates nominated as required by the charter of San Luis Obispo, and the council shall cause said certi- fied list of names and the offices to be filled, designating whether for a full term or unexpired term to be published in the proclamation calling the election at least ten successive days 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 governing the conduct of municipal elections, now or hereafter in force, except as above required. (14) The city clerk shall cause the ballots to be printed and bound and numbered as provided for by state law except as otherwise required in this charter. The ballots shall contain the list of names and the respective officers, as published in the procla- mation and shall be in substantially the following form: GENERAL (OR SPECIAL) MUNICIPAL ELECTION. CITY OF SAN 1.U114 OBISPO. (Inserting date thereof) Instructions to Voters: To vote, stamp or write a cross (l) opposite the name of the candidate for whom you desire to vote. All marks otherwise made are for- bidden. All distinguishing marks are forbidden and make a ballot void. 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 size, quality. 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 style. A column may be provided on the right band side for charter amendments or other questions to be voted upon at the municipal elections. as provided 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 indicative of the source of the candidacy or of the support of any candidate. (16) The. name of no candidate, who has been duly and regularly nominated. 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: "bbr mayor (if any) vote for one." ::For city clerk (if any) vote for one." For councilman (if any) vote for (giving number)." "For school directors (if any) vote for (giving number)." (18) Ifalf -inch square shall be provided at the right of the name of each caudi- date wherein to mark the cross. (19) Half -inch spaces shall be left below the printed names of candidates for each office equal in number to the number to be voted for, wherein the voter may write the name of any person or persons for whom he may wish to vote. (20) The clerk shall cause to be printed sample ballots identical with the ballot to be u.;ed at the election and shall furnish copies of the same on application to registered voters at his office at least five days before the date fixed for such election. and shall mail one such ballot to each voter entitled to vote at such election, so that all of said sample ballots shall have been mailed at least three whole days before said election. (21) 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. (22) If a person elected fails to qualify. the office shall be filled as if there were a vacancy in such office, as herein provided. (23) No informalities in eonducting municipal elections shall invalidate the saute, if they have been conducted fairly and in substantial conformity to the require- ments of this charter. ogtzed,,GooSle Feb. 7, 1911 ] SENATE JOURNAL. 685 SEC. 69. General Election Regulations. (1) The provisions of the state law relating to the qualifications of electors, the manner of voting, the duties of election officers, the canvassing of returns. and all other particulars in respect to the manage- ment of elections. so far as they may be applicable, shall govern all municipal elections: prorided. that the council shall meet as a canvassing board and duly canvass the election returns within four days after any municipal election. (2) In case voting machines shall be used at municipal elections, the council shall have power, by ordinance, to modify the provisions of section sixty -eight so far as may be necessary to adapt them to the use of voting machines. ARTICLE XII. RECALL OF ELECTIVE OFFICERS. `EC. 70. Proer•durc Relating Thereto. (1) );very incumbent of an elective office, whether elected by popular vote or appointed to fill a vacancy, is subject to recall by the voters of the City. The procedure to effect such removal from office shall be as follows: (2) A petition signed by qualified electors equal in number to twenty -five per centum of the entire vote cast for mayor at the last preceding general municipal election at which a mayor was elected, demanding an election of a successor of the officer sought to be removed, shall be 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 case requires. (4) If the officer sought to be removed shall not resign within five days after the petition is filed by the city clerk, and if the petition requests a special election, the council shall cause a special election to be held within forty -five days 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. (b) In the published call for the election there shall be printed in not more thnn two hundred words the reasons 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 office. (G) The officer sought to be removed shall be deemed a candidate, and, unless lie resigns, his name shall be printed on the ballot. The nomination of other candi- dates and the election shall 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 duties of his office until the election, and, if be fail of election, he shall be deemed removed from office. (3) 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 any office within one year after such recall or resignation. (10) The council may by ordinance make such further regulations as may be necessary to carry out the provisions of this section, and to adapt the provisions of section sixty -eight thereto. ARTICLE XIII. THE INITIATIVE. SEC. 71. Procedure Relating Thereto. (1) Any proposed ordinance may be submitted to the council by a petition signed by registered electors of the city equal in number to the percentage hereinafter required. (2) The provisions of section sixty -eight of Article XI respecting the forms and conditions of the etition and the mode of verification and certification and filing shall be substantially followed, with such modifications as the nature of the case requires. (3) If the petition accompanying the proposed ordinance be signed by electors equal in number to twenty -five 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• anti contain a request that said ordinance be submitted forthwith to the vote 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 a referendary vote, under the provisions of Article XIS' of this charter) ; or, (b) Within twenty -five days after the clerk shall have 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 vote cast for all candidates for 686 SENATE JOURNAL. [Feb. 7, 1911 mayor at the last preceding general municipal election at which a mayor was elected. and said ordinance be not passed by the council as provided in the preceding sub- division, then such ordinance, without alteration, shall be submitted by the council to a vote of the people at the next general municipal election that shall occur at any time after twenty days from the date of the clerk's certificate of sufficiency attached to the petition accompanying such ordinance. (5) Whenever any ordinance or proposition is required by this charter to be sub- mitted to the voters of the city at any election either (a) the council shall cause the ordinance or proposition to be printed and it shall be the duty of the clerk to enclose a printed copy thereof in an envelope with a sample ballot and mail the same to each voter, at least three days prior to the election, or (b) the council may order such ordinance or proposition to be printed in the official newspaper of the city and published in like manner as ordinances adopted by the council are required to be published. and may order that each publication shall take the place of the printing and mailing of the ordinance or proposition and of the sample ballots as first above provided. (6) The ballots used when voting upon'such proposed ordinance shall contain the words "For the Ordinance" (setting forth in full the title thereof and stating the general nature of the proposed ordinance) and "Against the Ordinance," (setting forth in full the title thereof and stating the general nature of the proposed ordi- nance). If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the city. (7) Any number of proposed ordinances may be voted upon at the same election, in accordance with the provisions of this article. (8) There shall not be held under this article of the charter more than one special election in any period of six months. (9) The council may submit a proposition for the repeal of any such ordinance. or for amendments thereto, to be voted upon at any succeeding general municipal election ; and should such proposition, so submitted, receive a majority of the votes cast thereon at such election, such ordinance shall be repealed or amended accord- ingly. An ordinance proposed by petition, or adopted by a vote of the people, can not be repealed or amended except by a vote of the people. (10) The council may, by ordinance, make such further regulations as may be necessary to carry out the provisions of this section, and to adapt the provisions of section sixty -eight of Article YI thereto. a ARTICLE YIV. TILE REFERENDUM. SEC. 72. Mode of Protesting Against Ordinances. No ordinance passed by the council shall go into effect before thirty days from the time of its final passage except when otherwise required by the general laws of the State or by the provisions of this charter respecting street improvements. and except the ordinance making the annual tax levy, and except an ordinance for the immediate preservation of the public peace, health or safety, which contains a statement of its urgency, and is passed by a four -fifths vote of the council; provided, that no grant of any franchise shall be construed to be an urgency measure, but all franchises shall be subject to the referendum vote herein provided. If during said thirty days a petition signed by qualified electors of the city equal in number to at least ten 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, protesting against the passage of such ordinance, be presented to the council, the same shall thereupon be suspended from going into operation and it shall be the duty of thq council to reconsider such ordinance, and if the same be not entirely repealed, the council shall submit the ordinance, as is provided in Article NIII of this charter, to the vote of the electors of the city, either at the next general municipal election or at a special election to be called for that purpose, and such ordinance shall not go into effect or become operative unless a majority of the qualified electors voting on the same shall vote in favor thereof. The provisions of section sixty -eight of Article XI respecting the forms and condi- tions of the petition and the mode of verification and certification and filing shall be substantially followed, with such modifications as the nature of the case requires. SEC. 73. Reference of Measures to Popular Vote. Any ordinance or measure that the council or the qualified electors of the city shall have authority to enact, the council may of its own motion submit to the electors for adoption or rejection at a general or special municipal election, in the same manner and with the same force and effect ns is provided in this charter for ordinances or measures submitted on petition. At any special election called under the provisions of this charter, there shall be no bar to the submission of other questions to a vote of the electors in addi- tion to the ordinances or measures herein provided for. if said other questions are such as may legally be submitted at such election. If the provisions of two or more measures approved or adopted at the same election conflict, then the measure receiving the highest affirmative vote shall control. SEC. 74. Further Regulations. The council may, by ordinance, make such further regulations as may be necessary to carry out the provisions of this article. and to adapt the provisions of section sixty -eight of Article ZI thereto. Feb. 7, 1911] SENATE JOURNAL. 687 ARTICLE XV THE PUBLIC SCHOOLS. SEC. 75. School Department. The school department of the city of San Luis Obispo shall comprise all the schools within the city of San Luis Obispo, the Mission school district, and all territory that is now or may hereafter be annexed for school purposes; and shall be known as "San Luis 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 Luis Obispo school district, 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 only 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 matters connected with the school department and with the levying and collecting of all taxes for school purposes. SEC. 77. The Board of Education. The board of education shall have entire control and management of the public schools in the city in accordance with the constitution and general laws of the State, and is hereby vested 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 board of education shall annually elect one of its own members to be president of the board. He may be removed by the affirmative vote of four members. The president shall have no other vote than his vote as member of the board. SEC. 79. meetings. The board of education shall meet at such times as may be designated by resolution of said board and In the place provided therefor by the council. The board shall provide the manner in which special meetings shall he called. SEC. 80. Quorum. Three members of the board shall constitute a quorum, and the affirmative votes of three members shall he necessary to pass any measure. but a less number than three m -iy adjourn from day to day and compel the at- tendance of absent members in such manner as the board may prescribe. 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. SEe. &3. Superintendent of Schools. The board of education shall appoint a superintendent of schools and fix his compensation. SEC. 84 Powers and Duties of Superintendent. The superintendent of schools shall he 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 given through him. He must examine all plans for the construc- tion or reconstruction of school buildings and report in writing to the board any objections he may find thereto. He shall have supervision of the course of instruc- tion and of the discipline and conduct of the schools. He, or a deputy superintend- ent. may be required to act as secretary of the board of education. SEC. 85. Teachers, flow Nominated. The superintendent of schools shall nomi- nate and recommend all teachers and principals for election by the board of educa- tion. He shall assign all teachers and principals and make all transfers necessary 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 candilates nominated and recommended by the superintendent of schools. The board of education may make rules in accordance with which the superintendent must make such nominations and recommendations. SEC. 87. School lVa.rrants. Every claim payable out of the school fund sball be filed with the secretary of the board of education, and after it shall have been approved by the board a certificate of such approval shall be endorsed thereon. signed by the president and secretary, and a warrant upon the school fund shall be issued thereon for the payment of such claim. Said warrant shall be signed by the president and countersigned by the secretary and shall specify the purpose for which it is drawn and receive the approval of the city clerk as provided in section fifty -six. SEC. 88. Annual Estimates rf Expenses. The board of education sball annually. on such date as shall be fixed by the council. submit in writing 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 a careful estimate of the amounts, specifying in detail the objects thereof, required from the city for the adequate support of the public schools for the ensuing year. The amount estimated to be required from the city shall, subject to the provisions of this charter. be assessed and collected in the annual tax levy. The proc.meds of such tax shall be immediately paid into the school fund of the city, to he drawn out only upon the order of the board of education. ogtzed,,GooSle 688 SENATE JOURNAL. [Feb. 7, 1911 ARTICLF. XVI. FRANCHISES. SEC. S). Property Rights Inalienable. The right of the city in and to its streets, highways, parks and all other public places, except as otherwise provided in this charter, are hereby declared inalienable. 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 br of the constitution and laws of the United States, in, upon, over, under and along any street, highway or other public place in the city unless he or it shall have obtained a grant therefor in accordance with the provisions of this article of this charter. SEC. 91. Franchises, How Granted. Every 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. •Manner of Granting Franchises. The provisions of the state law relating 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 the city. 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. Service 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- vcuience 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- ably necessary to secure adequate, sufficient and proper service and accommodations for the people and insure their comfort and convenience. SEC. 95. Rates and Charqcs. The grant of every 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 charges made for the service rendered under such franchises, but in no case shall the value of the franchise of the grantee (exclusive of the amount originally 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 every franchise for a street, suburban or inter- urban railroad shall provide that all United States mail carriers, policemen and fire- men of the city shall at all times, while in the actual discharge of their duties, be allowed to ride on the cars of such railroad within the boundaries of the city, without paying therefor and with all the rights of other passengers. SEC. 96.' Right of City to Assume Ownership. Every ordinance granting any franchise shall provide that at the expiration of the period for which the franchise was granted, or at any time before as stated in the ordinance, the city, at its election and upon the payment of a fair valuation therefor to be made in the manner pro- vided in the ordinance making the grant, may purchase and take over to itself the property and plant of the grantee in its entirety, but in no case shall the value of the franchise of the grantee (exclusive of the amount originally paid to the city therefor) be 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 shall further provide that upon the payment by the city of a fair valuation in the manner provided in the ordinance, the plant and property of the grantee shall become the property of the city by virtue of the grant in payment thereunder, and without the execution of any instrument or conveyance. Or in case it is provided 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 any compensation to the grantee, the property and plant of the grantee shall then become the property of the city by virtue of the grant and without the execution of any instrument or conveyance. SEC. 98. Lrase or Assignment of Franchises. Any franchise granted by the city shall not be leased, assigned or otherwise alienated without the express consent of the city, 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 assignee Digitized by GooSIc 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. 99. Street Sprinkling, Cleaning and Paving. Every grant *of any franchise or privilege in, over, 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, snd pave and repave so much of said street, highway or other public place as may be occupied by said railway as lies between the rails of each railway track, and between the lines 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 by 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, firm or corporation exercising or enjoying any franchise or privilege granted by the city for the purpose of verifying any of the statements of gross receipts provided for, and for any other purpose whatsoever connected with the duties or privileges of the city or of such person, firm or corporation arising 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. Every person, firm or corporation operating any business under a franchise granted under this article, after five years from the granting thereof, shall file annually with the city clerk on such date as shall be fixed by the council a report for the preceding year. Such report shall be in writing, 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. Such report shall contain such further statements as may be required by 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 ax the time of filing the annual report. Failure to pay such percentage 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 have power to declare the termination and forfeiture of any such fran- chise or privilege, the same as though in each instance such power was expressly reserved. SEC. 104. Pranchises.Not in Use 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 - frited and invalid, unless such grantees or their assigns shall, within six months after this charter takes effect, in good faith commence the exercse and enjoyment of such privilege or franchise. AsTiCLE XVII. MISCELLANEOUS. SEC. 105. When This Charter Takes 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 approval of the same by the legislature; for all other purposes it shall take effect on the 15th day of May. 1011. SEC. 106. First Election. The board 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 votes, declare the result and approve the bonds of all 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 in office at the time of the approval of this charter by the legislature shall continue to hold office and diseliarge their duties until the election and qualification of the mayor, city clerk, councilmen snd school directors, respectively, first elected under this charter. The term of each of all the other officers in office at the time this charter takes effect shall cease and terminate when the council first elected hereunder shall by reso- lution 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. 109. Conduct of Legal Proceedings. The city attorney shall prosecute, in behalf of the people, all criminal cases arising from violations of the provisions of 44 AJ ogtzed,,GooSle 690 SENATE JOURNAL. [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 any litigation or to assist the city attorney therein. SEC. 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 may be prosecuted by the authorities of the city in the name of the people of the State of California, or may be redressed by civil action, at the option of said authori- ties. 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 county in which the city cif San Luis Obispo is situated. in which case the expense of such imprisonment shall be a charge in favor of such county against the city of San Luis Obispo. CERTIFICATE. WHEREAS, The city of San Luis Obispo, a city containing a population of more than three thousand and five hundred and less than ten thousand inhabitants, on the eleventh 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. D. Ballou, James Blackburn. Forrest E. Brown, A. L. Dutton, J. F. Hayes, Warren M. John, W. A. Kesler, W. H. Metz, A. McAlister, Howard M. Payne, L. F. Sinsheimer, 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 KNOWN, That in pursuance of said provisions of the constitution and within a period of ninety days. after said election, said board of freeholders 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 board of free- holders. pursuant to said provision of the constitution, also presents therewith for the choice of the voters, and to be voted on separately. without Prejudice to the other provisions contained in the charter, an alternative proposition hereinafter stated. Raid alternative proposition shall, if approved by the voters, take the place of Section 67 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 Dionday 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. All other municipal elections that may be held by authority of this charter or of general law 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 printed. "Shall the alternative proposition, providing for second elections. take the place of Section 67 of Article XI and Subdivision 21 of Section 6S 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 necedsary, as provided in Subdivisions 21 of Section 68, 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 receiving 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 by 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 was not elected, then as to such office the said first election shall be 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 any given 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. Digitized by GooSIc Feb. 1. 1911) SENATE 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 only, and provided also that the same precincts and polling places shall, if possible. be used. IN WITNESS WHEREOF, We have hereunto set our bands in duplicate this 8th day of July, one thousand nine hundred and ten. WARREN M. JOHN President. HOWARD M. PAYI4E, Secretary. A. McALISTER. F. L. SMITH. J. F. HAYES. W. A. KESLER. JAMES BLACKBURN. GEO. H. ANDREWS. A. L. DUTTON. FORREST E. BROWN. W. Al. STOVER. R. M. SMITH. S. D. BALLOU. Endorsed: Received this 9tb day of July, 1910. E. W. CLARK, President of the Board of Trustees of the Filed City of San Luis Obispo, Califronia. i July 11, 1910. W. . J. MILES, City Clerk. STATE OF CALIFORNIA, COUNTY OF SAN LIIIs OBISPO, SS CITY OF SAN Luis OBISPO. 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, J. F. Hayes, W. A. Kesler, James Blackburn, Geo. H. Andrews, A. L. Dutton, Forrest F. Brown, W. M. Stover, R. M. Smith, S. D. Ballou, L. F. Sinsheimer 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 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 was 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 1repared 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 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 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 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 within 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 was 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 said city of San Luis Obispo, on the 19th day of September, 1910, and the result thereof declared as Digitized by GooSle 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 have in every particular been fully complied with. IN WITNESS WHEREOF, 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, 1910. E. W. CLARK, [SEAL] President of the Board of Trustees of the Attest: W. J. MILES, City of San Luis Obispo. 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 Lefislature 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 daaembly thereof con- cum .pg (a majority 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 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: AYEs— Senators Avey, Bell, Bills, Birdsall, Black, Boynton, Bryant, Caminetti, Campbell, Cutten, Estudillo, Finn, Gates, Hans, Holohan, Hurd, Juilliard, Lewis, Martinelli, Regan, Roseberryry, Rush, Sanford, Shanahan, Stetson, Strobridge, Tyr- rell, Walker, and Welch -29. NOES —None. Senate Concurrent Resolution No. 11 ordered engrossed, and trans- mitted to the Assembly. SECOND READING OF SENATE BILLS — (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 1, lines 4, 5, 6, and 7, strike out all of lines 4, 5, 6, and 7, beginning with the word "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, strike out all of Section 2. Amendment adopted. Bill read second time, ordered to print, engrossment, and third reading. ��� GoOQIC