HomeMy WebLinkAbout1978 Charter, with amendments through 1986CHARTER
of the
city of sAn luis OBIS
California
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Adopted on June 6, 1978
With Amendments Adopted through
June 3, 1986
Filed by the Secretary of State
of the State of California on
September 11, 1986
TABLE OF CONTENTS
TITLE DESCRIPTION
PAGE NO.
ARTICLE I. Incorporation and Application ...................
ARTICLE II. Form and Powers of Municipality .................
ARTICLE III. Municipal Elections....... ...... ...............
ARTICLE IV. Elective Officials ..............................
ARTICLE V. Council Powers and Procedures...... .............
ARTICLE VI. Legislative Actions .............................
ARTICLE VII. Appointive Officials ............................
ARTICLE VIII. Fiscal Administration ...........................
ARTICLE IX. Public works and Contracts ......................
ARTICLE X Licenses and Franchises .........................
ARTICLE XI. Personnel Administration ........................
ARTICLE XII. Boards and Commissions ..........................
INDEX ................
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regulations in respect to municipal affairs, subject only to such
restrictions and limitations as may be provided in this Charter and in the
Constitution and laws of the State of California. It shall also have the
power to exercise any and all rights, powers and privileges heretofore or
hereafter established, granted or prescribed by any law of the State, by
this Charter, or by other lawful authority, or which a municipal
corporation might or could exercise under the Constitution and laws of the
State of Caliform a. The enumeration in this Charter of any particular
power shall not be held to be exclusive of or any limitation upon this
general grant of power.
SECTION 204. Organization of City Government.
After obtaining and considering the recommendations of the City
Administrative Officer, the Council ;hall provide by ordinance or
resolution, not inconsistent with this Charter, for the powers and duties
of all officials and employees of the City and for the organization,
function, conduct, and operation of the various departments of the City
and may provide for the creation of additional departments, divisions,
offices, and agencies, and for their consolidation, alteration, or
abolition.
SECTION 205. Consolidation of Functions.
The Council may transfer or consolidate functions of the City
government to or with appropriate functions of the State or County
government, or may make use of such functions of the State or County
government, and in case of any such transfer or consolidation, the
provisions of this Charter providing for the function of the City
government so transferred or consolidated, shall be deemed suspended
during the continuance of such transfer or consolidation, to the extent
that such suspension is made necessary or convenient and is set forth in
the ordinance or resolution establishing such transfer or consolidation.
Any such transfer or consolidation may be repealed in like manner,
ARTICLE III. MUNICIPAL ELECTIONS
SECTION 301. Procedure.
Unless otherwise provided by ordinance hereafter enacted, all
elections shall be held in accordance with the provisions of the Elections
Code of the State of California, as the same now exists or may hereafter
be amended,
SECTION 302. General Municipal Elections.
General municipal elections to fill elective offices shall be held in
the City on the first Tuesday after the first Monday in November in each
odd- numbered year.
(Amended March 3, 1981.)
SECTION 303. Special Municipal Elections.
All other municipal elections that may be held by authority of this
Charter, or of general law, or by ordinance, shall be known as special
municipal elections.
SECTION 304. Initiative, Referendum and Recall.
The provisions of the Elections Code of tl
the same now exists or may hereafter be amended
referendum and recall of municipal officers,
thereof in this City insofar as the provisions
not in conflict with this Charter.
ARTICLE IV. ELECTIVE OFFICIALS
re State of California, as
governing the initiative,
shall apply to the use
of the elections code are
SECTION 401. Enumeration.
The elective officers of the City of San Luis Obispo shall be a Mayor
and four Councilmembers each of whom, including the Mayor, shall have the
right to vote on all questions coming before the Council.
SECTION 402. Election at Large.
The Mayor shall be elected at the general municipal election on a
general ticket from the City at large.
The Councilmembers shall be elected at the general municipal election
from the City at large, two being selected biennially.
SECTION 403. Eligibility for Office.
No person shall be eligible for election to, or to hold, the office of
Mayor or Councilmember of said City unless said person is and shall have
been a resident thereof, or of territory legally annexed thereto, on or
prior to the date of such election or appointment, for at least thirty
(30) days next preceding said person's election thereto or appointment to
fill a vacancy therein, and is art elector thereof' at the time of such
election or appointment.
SECTION 404. Terms of Office.
(A) The term of the Mayor shall be two years, and the terms of the
Councilmembers shall be four- years.
(B) Terms shall commence on the first day of December at twelve
o'clock noon following the election and each shall serve until a successor,
is elected or appointed and qualified. Ties in voting shall be settled by
the casting of lots.
(C) Any other provisions in this Charter to the contrary
notwithstanding:
1. The terms of office of the Mayor elected at. the March 3, 1981
general municipal election and the Councilmembers elected at the March 6,
1979 general municipal election shall be extended from two years and four
years respectively, until a successor is elected or appointed and
qualified following the November 8, 1983 general municipal election;
2. The terms of office of the Councilmembers elected at the March 3,
1981 general municipal election shall be extended from four years until a
successor is elected or appointed and qualified following the November 5,
1985 general municipal election;
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3. The approximate eight -month periods of term extension set forth
in subsections (1) and (2) shall not be counted in determining the
disability to serve set forth in Section 405 of this Charter.
(Amended March 3, 1981.)
SECTION 405. Limitation of Terms.
Neither the Mayor nor any member of the Council shall serve in the
same office for more than eight (8) years in succession; provided,
however, that any time in office resulting from a partial term which is
less than one -half (1/2) the length of the full term for that office,
shall not be considered.
(Amended November 5, 1985 - Measure "C ".)
SECTION 406. Vacancies.
An elective office becomes vacant when the incumbent thereof dies,
resigns, is removed from office under recall proceedings, is adjudged
insane, convicted of felony, or of an offense involving a violation of the
Mayor or Councilmember's official duties, or ceases to be a resident of
the City, or has been absent from the State without leave granted by the
City Council for more than sixty (60) consecutive days, or fails to attend
the meetings of the Council for a like period without being excused
therefrom by said body.
A vacancy in the Council shall be filled for the remainder of -the
unexpired term, if any, at the next regular municipal election following
not less than seventy -two (72) days upon the occurrence of the vacancy,
but the Council by a majority vote of its remaining members shall appoint
a qualified person to fill the vacancy until the person elected to serve
the remainder of the unexpired term or new term takes office. If the term
still has two (2) years until expiration at the time of the next regular
municipal election, the election to that seat shall be separated from the
election for the other Council candidates. If the Council fails to fill
the vacancy within thirty (30) days following its occurrence, it shall
call a special municipal election to fill the vacancy, to be held not
sooner than ninety (90) days or not later than one hundred and twenty
(120) days following the occurrence of the vacancy. The election shall be
governed by the provisions of Article III.
A person elected to fill a Council vacancy for an unexpired term shall
take office on the first Tuesday following his election. Notwithstanding
any other provisions of this Charter, a minority of the members of the
Council may fill vacancies on the Council by appointment in the event that
a majority of the Council seats becomes vacant.
SECTION 407. Mayor - Powers and Duties.
The Mayor shall preside at all meetings of the City Council and
perform such other duties consistent with the office as may be imposed by
the Council or by vote of the people. The Mayor shall be entitled to, and
must vote when present, but shall possess no veto power. As presiding
officer of the Council the Mayor will faithfully communicate the will of
the Council majority to the Administrative Officer in matters of policy.
The Mayor shall present an annual work program to the Council for its
consideration at the first meeting in May. The Mayor shall have the
responsibility for forwarding the work program approved by the Council.
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The Mayor shall be recognized as the official head of the City for all
ceremonial purposes and by the Governor for military purposes. In time of
public danger or calamity, the Mayor shall take command of the public
forces, maintain order, and enforce laws.
The Mayor shall exercise such other powers and perform such other
duties as may be prescribed by law or ordinance or by resolution of the
Council, except as limited by this Charter.
SECTION 408. Mayor Pro Tempore.
The Council shall elect one of its members to be Vice Mayor. During
the temporary absence or disability of the Mayor, the Vice Mayor shall act
as Mayor Pro Tempore. In case of the temporary absence or disability of
both the Mayor and Vice Mayor, the Council shall elect one of its members
to be Mayor Pro Tempore. In case of vacancy in the office of Mayor, the
Vice Mayor shall act as Mayor until such vacancy can be filled as provided
in this Charter.
SECTION 409. Councilmember to Hold No Other Office.
No member of the Council shall hold any other municipal office or hold
any office or employment, the compensation of which is paid out of the
municipal monies; nor be elected or appointed to any office created or the
compensation of which is increased by the Council, while a member thereof,
until one year after the expiration of the term for which elected.
SECTION 410. Compensation.
The Mayor and each Councilmember shall receive compensation for
services payable monthly, with the Mayor receiving greater compensation
than the other Councilmembers.
Compensation for Mayor and Councilmembers shall be reviewed biennially
in even- numbered years. When warranted, said compensation may be adjusted
by Council resolution, to be effective January 1st of the year following
the review. The compensation rate may be revised by the electorate by
initiative.
Mayor and Councilmember expenses incurred for official business shall
be reimbursed.
(Amended June 3, 1986 - Measure "C ".)
ARTICLE V. COUNCIL POWERS AND PROCEDURES
SECTION 501. General Powers of the Council.
Subject to the provisions and restrictions contained In this Charter
and the delegation of power, if any, to any person, Officer, Board, or
Commission, the Council shall have the power in the name of the City, to
do and perform all acts and things appropriate to a municipal corporation
and the general welfare of its inhabitants and which are not specifically
forbidden by the Constitution and laws of the State of California, or
which now or hereafter it would be competent for this Charter to
specifically enumerate.
No enumeration or specific statement herein of any particular powers
shall be held to be exclusive of, or a limitation of, the foregoing
general grant of powers.
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SECTION 502. Meetings of Council.
The Council shall provide by ordinance for the time and place of
holding its meetings and the manner in which its special meetings may be
called. Public interest and convenience shall be the primary
considerations when decisions are made as to time, location, and
frequency.
Except as otherwise provided by law, all meetings of the council shall
be open to the public.
SECTION 503. Quorum.
A majority of the Councilmembers shall constitute a quorum for the
transaction of business.
SECTION 504. Rules of Procedure.
The Council shall determine its own rules of procedures.
SECTION 505. Voting.
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. Upon the request of any member, the ayes and noes shall be taken
and recorded on any vote. All members, when present, must vote. Failure
or refusal to vote shall be. construed as an affirmative vote.
SECTION 506. Majority Rule.
No ordinance, resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the
Council.
SECTION 507. Administering Oaths: Subpoenas.
Each member of the Council shall have the power to administer oaths
and affirmations in any investigation or proceeding pending before the
Council. The Council shall have the power and authority to compel the
attendance of witnesses, to examine them under oath and compel the
production of evidence before it. Subpoenas may be issued in the name of
the City and be attested by the City Clerk. Disobedience of such subpoena
or the refusal to testify (upon other than constitutional grounds), shall
be deemed contempt and shall be punishable as provided by the general laws
of this State.
SECTION 508. Limitations.
No member of the Council shall be appointed to or serve as a voting
member of any City Board, Committee, Commission, or Authority, whether
composed of citizen volunteers, City employees, or a combination of both.
This is not to be construed as prohibiting members of the Council from
serving on Committees or Subcommittees of the Council itself, or of
agencies representing other levels of government.
ARTICLE VI. LEGISLATIVE ACTIONS
SECTION 601. Method of Action by Council.
All action by the Council shall be taken only by means of ordinance,
resolution, or oral motion duly made and passed.
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Ordinances shall become a part of the Municipal Code and so remain
until amended or voided. All municipal laws relating to taxation or to
possible criminal action against an offender shall be in the form of
ordinances.
Resolutions shall be serially numbered and filed sequentially in the
office of the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or
special meeting of the Council.
SECTION 602. Requirements of Ordinances.
(A) With the sole exception of ordinances which take effect upon
adoption referred to in this article, no ordinance shall be passed by the
Council on the day of its introduction nor within five (5) days
thereafter, nor until its publication at least once in full in a newspaper
of the City of San Luis Obispo at least three (3) days before its
adoption; and in case of amendment being made thereto before the final
adoption of the ordinance, the amended portion or portions of said
ordinance must in like manner be republished at least one day before its
adoption as amended, provided that no less than a full subsection shall be
published. The correction of typographical or clerical errors shall not
constitute an amendment within the meaning of the foregoing sentence.
(B) The publication of ordinances as required by subdivision (A) may
be satisfied by the publication of a summary of the proposed ordinance in
lieu of publication of the full text as required in subdivision (A). At
the time the proposed ordinance is introduced, the Council shall determine
whether the full text of the ordinance shall be published or whether a
summary shall be published; if the Council fails to do determine, the full
text shall be published. If the Council determines that a summary shall
be published, the summary shall be approved by the City Attorney. A copy
of the full text of the proposed ordinance shall be on file in the office
of the City Clerk on and after the first business day following its
introduction, and shall be available to any interested member of the
public.
(Amended November�5, 1985 - Measure "D ".)
SECTION 603. Enactment.
The enacting clause of every ordinance passed by the Council shall be:
"Be it ordained by the Council of the City of San Luis Opispo." The
enacting clause of every ordinance initiated by the people shall be: "Be
it ordained by the People of the City of San Luis Obispo ."
SECTION 604. Effectiveness.
Except as otherwise provided in this Charter, every ordinance and
every measure passed by the Council shall go into effect at the expiration
of thirty (30) days after its final passage, unless otherwise provided in
said ordinance or measure; provided, however, that no such ordinance or
measure shall go into effect in less than thirty (30) days from its final
passage. But ordinances declared by the Council to be necessary as
emergency measures as hereinafter provided, ordinances ordering or
otherwise relating to elections, ordinances relating to public
improvements, the cost of which is to be borne wholly or in part by
special assessments, and taxing ordinances, may go into effect at the will
of the Council.
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SECTION 605. Emergency Legislation.
Any ordinance declared by the Council to be necessary as an emergency
measure, for preserving the public peace, health or safety, and containing
a statement of the reasons for its urgency, may be introduced and adopted
at once at the same meeting if passed by at least four affirmative votes.
SECTION 606. Amending Ordinances.
No ordinance shall be amended by reference to its title, but the
subsections thereof to be amended shall be re- enacted at length as
amended; and any amendments passed contrary to the provisions of this
section shall be void.
(Amended November 5, 1985 - Measure "D ".)
SECTION 607. Repeal.
No ordinance nor section thereof shall be repealed except by an
ordinance adopted in the manner provided in this Charter. This is not to
prohibit the voiding or expiration of any ordinance when such voiding or
expiration is provided for in the ordinance itself.
SECTION 608. Codification of Ordinances.
Any or all ordinances of the City which have been enacted and
published in the manner required at the time of their adoption, and which
have not been repealed, may be compiled and codified in accordance with
the provisions of the laws of the State of California as the same now
exist or may hereafter be amended.
Detailed regulations pertaining to the construction of buildings,
plumbing and wiring, fire prevention and similar matters, when arranged as
a comprehensive code, may likewise be adopted by reference in the manner
provided by State law.
SECTION 609. Violation of Ordinances.
The violation of any ordinance adopted and published by the City
Council shall constitute a misdemeanor unless by ordinance it is made an
infraction, provided that the City Attorney may elect to prosecute any
misdemeanor as an infraction. Both misdemeanors and infractions may be
prosecuted or may be redressed in the manner provided by the general law
of the State."
(Amended June 3, 1986 - Measure "D ".)
ARTICLE VII. APPOINTIVE OFFICIALS
SECTION 701. General Description.
The officials of the City of San Luis Obispo shall consist of a City
Administrative Officer, a City Treasurer, a City Clerk, a City Attorney,
and such assistants or deputies as the Council may deem necessary. Such
officials shall be appointed by and may be removed only by the affirmative
votes of a majority of the members of the Council. All other officials
and department heads of the City shall be appointed by and may be removed
by the City Administrative Officer.
SECTION 702. Duties of Officials and Employees.
After obtaining and considering the recommendations of the City
Administrative Officer, the Council shell provide in a manner not
inconsistent with this Charter, for the powers and duties of all officials
and employees of the City.
SECTION 703. City Administrative Officer.
The City Administrative Officer shall be the administrative head of
the government of the City. As such, the City Administrative Officer
shall be responsible to the Council for the efficient implementation of
its policy and effective administration of all the affairs of the City
government which the office controls. Any action, determination or
omission of the Administrative Offices or staff shall be subject: to review
by the Council but no individual Counc.ilmember or the Mayor shall
overrule, change or modify any such action, determination or omission
except by affirmative vote of at least three members of said Council at a
duly constituted session.
The Administrative Officer shall advise and make recommendations to
the Council concerning any conditions or governmental situations which
need Council direction or policy determination.
The Administrative officer will insure that the Council as a whole or
as individuals, are permitted timely and complete freedom of access to
requested information.
SECTION 704. Qualifications.
The City Administrative Officer shall be chosen on the basis of
administrative qualifications; need not be a resident of the City or the
State at the time of appointment, but during tenure in office shall reside
within the city.
SECTION 705. Eligibility of Councilmembers.
No member of the City Council shall, during the term for which elected
or appointed, or for one year thereafter, be eligible to hold the position
of City Administrative Officer.
SECTION 706. Combining of Offices.
Where the positions are not incompatible, the Council may combine in
one person the powers and duties of two or more offices created or
provided for in the Charter.
SECTION 707. Nepotism.
The Council shall not appoint to a salaried position under the City
government, any person who is a relative by blood or marriage within the
third degree of any one or more members of such Council, and neither shall
any department head or other officer having appointive power appoint any
relative of the Council or themselves within such degree to any such
position, Nothing herein shall prevent the City Administrative Officer
from supplementing the provisions of this section.
SECTION 708. Equal Opportunity Employment.
All persons seeking employment with the City and all City employees
shall be treated equally and without, discrimination prohibited by Federal,
State or local laws.
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SECTION 709. Employment Policy.
The City Council shall adopt a Personnel Policy Ordinance, prescribing
hiring, discharge and performance standards for Council appointees,
department heads, and other appointive officials.
No official appointed by the City Council shall be terminated within
the three (3) months following a municipal election. No official subject
to appointment by the City Administrative Officer shall be terminated
within the three (3) months immediately following the appointment of a new
City Administrative Officer. Any notice of termination, transfer, or
demotion shall state the effective date of the action and a copy shall be
filed with the personnel department.
SECTION 710. Oath of Office.
Every official of the City, before entering upon the duties of the
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.
SECTION 711. Compensation of Officials and Employees.
The compensation of all City officials and employees, except as
otherwise provided in this Charter, shall be by salary to be fixed by
ordinance or resolution. No official or employee shall be allowed any
fees, perquisites, emoluments, rewards or compensation for any work
performed as an official or employee, aside from the salary or
compensation as fixed by the council, but all fees received in connection
with official duties shall be paid into the City Treasury.
SECTION 712. Official Bonds.
The Council shall, by ordinance or resolution, determine what
officials and other persons in the service of the City shall give bond
either of an .individual type or be included in a master bond, for the
faithful performance of their duties and /or honesty, and shall fix the
amounts of such bond or bonds, and each of such officers and other persons
shall before entering upon the duties of office or employment, execute a
bond to the City in the penal sum provided by such ordinance or
resolution, including in the same bond the duties of all offices of which
the official or person is made, by this Charter or otherwise, ex officio
incumbent. Such bonds must be examined by the City Attorney and approved
by the City Council. All bonds when approved shall be filed with the City
Clerk, except the City Clerk's bond, if any, which shall be filed with the
City Administrative Officer. All the provisions of any law of this State
relating to the official bonds of officials as then existing shall apply
to such bonds, except as herein otherwise provided. In all cases where
surety company bonds are approved by the Council, the premium therefore
shall be paid by the City.
ARTICLE VIII. FISCAL ADMINISTRATION
SECTION 801. The 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.
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SECTION 802. Annual Budget.
On such date in each year as shall be fixed by the Council, the City
Administrative Officer shall send to the Council a careful estimate, in
writing, of the amounts, specifying in detail the objects thereof required
for the business and proper conduct of the various departments, offices,
Boards and Commissions of the City, over which the office has control,
during the next ensuing year. The City Administrative Officer shall also
at said time submit to the Council an estimate of the amount of income
from all sources of revenue, exclusive of taxes upon property, and the
probable amount required to be levied and raised by taxation.
SECTION 803. Public Hearing on the Budget.
After reviewing the proposed budget as submitted by the City
Administrative Officer and making such revisions as it. may deem advisable,
the Council shall determine the time for holding of a public hearing, and
shall cause a notice thereof to be published not less Luau Len (10) days
prior to said hearing by at least one insertion in a newspaper in the City
of San Luis Obispo. Copies of the proposed budget shall be available for
inspection by the public at the office of the City Clerk at least ten (10)
days prior to said hearing. At the time so advertised or at any time to
which such public hearing shall from time to time be adjourned, the
Council shall hold a public hearing on the proposed budget at which
interested persons desiring to be heard shall be given such opportunity.
SECTION 804. Adoption of the Budget.
After the conclusion of the nuhlir hearin¢ the Council shall fnrthPr
consider the proposed budget and make any revisions thereof that it may
deem advisable and thereafter it shall adopt the budget with revisions, if
any. Upon final adoption, the budget shall be in effect for the ensuing
fiscal year. From the effective date of the budget, the several amounts
stated therein as proposed expenditures shall be and become appropriated
to the various departments or activities therein described. All
appropriations shall lapse at the end of the fiscal year to the extent
that they shall not have been expended or lawfully encumbered. At any
meeting after the adoption of the budget, the Council may amend or
supplement the budget by motion adopted by a majority vote of the Council.
SECTION 805. Grants and Subsidies.
Sufficient funds may be budgeted by the Council for grants, subsidies,
contribuLiuns, subvenLiuns and Lhe like Lu euonumiu, prumul.iunal,
environmental, cultural, or other agencies whose operations are unrelated
to those of the City but who contribute largely to the quality of life of
the City. Such funds shall be allotted only after a public hearing on
consideration of an application by the requesting group or agency. Such
application shall include complete justification of the need for the
requested aid.
SECTION 806. Income from Public Utilities.
All income derived from the operation and management of any public
utility by the City shall be devoted exclusively to the payment of the
expenses of operating, maintaining, improving, or bettering such public
utility, and to the payment of any debts and interest thereon which may
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have been incurred for the acquiring, improving, operating, or maintaining
of such utility.
SECTION 807. Tax Limitation.
(A) General. The Council shall not levy a property tax for
municipal purposes for any fiscal year, greater than eighty-five cents (85
cents) on each one hundred dollars of assessed value of taxable property
in the City, except: as otherwise provided in this section, unless
authorized by the affirmative votes of the majority of the electorate
voting on a proposition to increase such levy at any election at which the
question of such additional levy for municipal purposes is submitted to
the electors. The number of years that such additional levy is to be made
shall be specified in such proposition.
(B) Additional Takes. There shall be levied and collected at the
time and in the same manner as other property taxes for municipal purposes
are levied and collected, as additional taxes, if no other provisions for
the payment thereof is made:
1. A tax sufficient to meet all obligations of the City for
principal and interest of all bonds or judgments due and unpaid or to
become due during the ensuing fiscal year which constitute the general
obligations of the City;
2. A tax sufficient to meet all obligations of the City to the
Public Employees' Retirement System for retirement of the City Employees,
if any, due and unpaid or to become due during the ensuing fiscal year.
(C) Special Levies. Special levies in addition to the above may be
made annually in amounts not to exceed the .limits hereinafter enumerated
in this section, respectively, on each $100 of the assessed value of the
taxable property in the City:
1. For public improvements and betterments: Thirty cents (30
cents):
2. For library purposes: Twenty cents (20 cents):
3. For park and recreation purposes: Twenty cents (20 cents).
The proceeds from any special levies shall belong to and be paid into
restricted funds set aside for their respective purposes and shall be
expended only for such purposes.
SECTION 808. Accounts Payable.
Monies shall be drawn from the City Treasury only in the manner
prescribed by ordinance of the Council.
SECTION 809. Claims Against the City.
(A) No suit shall be brought on any claim for money or damages
against the City or any Board, or official thereof, until a demand for the
same has been presented as herein provided and rejected in whole or in
part. If rejected in part, suit may be brought to recover the whole. All
claims for damages against the City must be presented to the City Clerk
within the time limits prescribed by the laws of the State of California
after the occurrence, event, or transaction from which the damages
allegedly arose, and shall set forth in detail the name and address of the
claimant, the time, date, place, and circumstances of the occurrence and
the extent of the .injuries or damages received.
(B) The provisions of the foregoing subsection (A) shall not
prohibit payment on invoice, claims for goods, wares, materials, and /or
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services supplied to the City, and the provisions for payment on account
of said items shall be set out by an ordinance adopted by the Council.
SECTION 810. Independent Audits.
The Council shall employ, at the beginning of each fiscal year, an
independent certified public accountant who, at such time or times as may
be specified by the Council, at least annually, shall examine the books,
records, inventories, and reports of all officials, employees,
departments, and agencies who receive, handle, or disburse public funds.
As soon as practicable after the end of the fiscal year, a final audit and
report shall be submitted by such accountant to the Council, one copy
thereof to be distributed to each member, one each to the City Clerk, the
City treasurer, the City Administrative Officer, and City Attorney
respectively, and three additional copies to be placed on file in the
office of the City Clerk where they shall be available for inspection by
the general public for the period required by the laws of the State of
California. Restricted and special assessment district funds shall be
segregated in the audit report.
ARTICLE IX. PUBLIC WORKS AND CONTRACTS
SECTION 901. Public Works To Be Done By Contract,
A\ Except as provided __ subsection !fl) of this sect'
�h� 1]A1�C: �JL UJ ELL VVlIIGV 111 JILUJCI_.L1Vll `U� V1 \.111J JVI,Lil,li, every
project involving an expenditure of City monies of more than the amount
specified in Section 37902 of the Government Code of the State of
California, as the same now exists or may hereafter he amended for the
construction or improvement of public buildings, works, drains, sewers,
utilities, parks, playgrounds, and streets (exclusive of projects for
resurfacing, maintenance., and repair of streets) shall be let by contract
to the lowest responsible bidder after notice by publication in the
official newspaper by one or more insertions the first of which shall be
at least ten (10) calendar days before the time for opening bids.
(B) All bids shall be accompanied by either a certified or cashier's
check, or a bidder's bond executed by a corporate surety authorized to
engage in such business in California, made payable to the City. Such
security shall be in an amount not less than that specified in the notice
inviting bids or in the specifications referred to therein, or if no
amount be so specified then in an amount not less than ten percent (10%)
of the aggregate amount of the bid. If the successful bidder neglects or
refuses to enter into the contract, within the time specified in the
notice inviting bids or specifications referred to therein, the amount of
the bidder's security shall be declared forfeited to the City and shall be
collected and paid into its general fund and all bonds so forfeited shall
be prosecuted and the amount thereof collected and paid into such fund.
The Council may reject any and all bids presented and may readvertise in
its discretion.
(C) The Council, after rejecting bids or if no bids are received,
may declare and determine that, in its opinion, based on estimates
approved by the City Administrative Officer the work in question may be
performed better or more economically by the City with its own employees
14
and after the adoption of a resolution to this effect by at least four (4)
affirmative votes of the Council pursuant to Section 37905 of the
Government Code may proceed to have said work done in the manner stated,
without: further observance of the provisions of this section. Such
contracts likewise may be let without advertising for bids, if such work
shall be deemed by the City Council to be of urgent necessity for the
preservation of life, health or property and shall be authorized by
resolution passed by at least four (4) affirmative votes of the Council
and containing a declaration of the facts constituting such urgency.
(D) Nothing in this section shall be construed to apply to any
project involving the expenditure of City monies by the City for public:
works in cooperation with a developer or subdivider for oversided
facilities or such cooperative extension or replacement of mains and
appurtenances. For those projects the City shall have the authority to
make funds available to the cooperating developer or subdivider on a fixed
formula basis established at least annually by Council resolution.
SECTION 902. Collusion.
(A) Any officer or employee of the City, or of any department
thereof, who shall willfully aid or assist a bidder in securing a contract
to furnish labor, materials or supplies at a higher price than that
proposed by any other bidder, or who shall favor one bidder over another,
or who shall willfully mislead any bidder in regard to the character of
the materials or supplies called for, or who shall knowingly accept
materials 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 materials or Supplies than has been actually
received, any of the above which is to the detriment of the City, shall be
deemed guilty of malfeasance and shall be removed from office.
(B) 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
bids 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 City.
(C) If at any time it shall be found that the person to whom a
contract has been awarded has colluded with any other party or parties,
including a City officer or employee, during the administration of the
contract, then the contract so awarded shall be null and void and any
funds paid pursuant to it shall be returned to the City. Any City officer
or employee guilty of such collusion to the detriment of the City may be
prosecuted pursuant to State law or charged with a misdemeanor for
violation of this Charter.
SECTION 903. Purchases of Supplies and Equipment.
The City Council by ordinance or resolution shall adopt policies and
procedures, :including appropriate bidding regulations, governing purchases
of supplies and equipment. Purchases of supplies and equipment shall be
made only in accordance with the adopted policies and in accordance with
all provisions of law governing the same.
The City Council also shall by ordinance or resolution adopt policies
and procedures for the contracting for personal services. Such personal
15
services shall be contracted for only in accordance with the adopted
procedures and in accordance with all proviSIOTIS of law governing; the
same.
SECTION 904. Abridgement of Contract.
Inasmuch as a contract. is a legal document.
an agreement providing for an exchange
mutually - agreed- -upon compensation in return,
modification, or addition shall be completed
authorized representatives of the contractor an
the City Clerk within thirty (30) calendar days.
Any willful abridgement of any provision
written memorandum as required above, shall
contract and a misdemeanor.
attesting to the terms of
of services for a
each separate del elion,
in writing, signed by
the City, and filed with
of a contract., without a
be considered a breach of
SECTION 905. Progress Payments.
Any contract may provide for progressive payments if the ordinance or
resolution authorizing such work includes such a provision. No
progressive payments may be provided for or made at any time which with
prior payments, if' there have been such, shall exceed in amount- at any
Lime ninety percent (90 %) of the value of the labor done and the materials
used up to that time, and no contact shall provide for or authorize or
permit the payment of more than ninety percent (90 %) of the contract price
before the completion and acceptance of the work.
RRrTTnm qnn Ca1a nr Taaoa of ri+- Dnnnanti•
The following regulations shall be applicable to City -owned property:
No sale or lease of real property nor any sale of personal property of a
value in excess of One Hundred Dollars ($100.00) nor any lease of personal
property for a period exceeding three (3) years shall be authorized by the
Council except by resolution passed by the affirmative vote of
three- fifths (3/5) of all the members of the Council.
SECTION 907. Exemptions.
Nothing in this article shall. be construed to apply to the acquistion
or purchase of natural gas, telephone service, electricity, electric power
or electric energy by the City for any use or purpose.
SECTION 908. Development of Annexed Lands.
Lands annexed to the City may only be developed at a time and in a
manner consistent with the General Plan adopted by the City and as may be
amended from time to time by the Council.
(Amended November 5, 1985 - Measure "E ".)
ARTICLE X. LICENSES AND FRANCHISES
SECTION 1001. Granting of Franchises.
The City Council is empowered to grant by ordinance a franchise to any
person, firm or corporation, whether operating under an existing franchise
or not:, to furnish the City and its inhabitants with transportation,
16
communication, terminal facilities, water, light, heat, power,
refrigeration, storage, or any other public utility of public service, and
to use the public streets, ways, alleys, and other places, as the same now
or may hereafter exist, for the construction and operation of plants,
works, or equipment necessary or convenient for traversing any portion of
the City for the transmitting or conveying of any service elsewhere. The
City Council may prescribe the terms and conditions of any such grant. It
may also provide, by procedural ordinance, the method of procedure and
additional terms and conditions for making such grants, subject to the
provisions of this Charter.
SECTION 1002. Resolution of Intention, Notice, and Public Hearing.
Before granting any franchise, the City Council shall pass a
resolution declaring its intention to grant the same, stating the name of
the proposed grantee, the character of the franchise and the terms and
conditions upon which it is proposed to be granted. Such resolution shall
fix and set forth the day, hour and place when and where any persons
having any interest therein or any objection to the granting thereof may
appear before the City Council and be heard thereon. It shall direct the
City Clerk to publish said resolution at least once within fifteen (15)
days of the passage thereof in a newspaper in the City of San Luis
Obispo. The time fixed for such hearing shall not be less than twenty
(20) nor more than sixty (60) days after the passage of said resolution.
At the time set for the hearing, the City Council shall proceed to hear
and pass upon all protests, and its decision thereon shall be final and
conclusive. Thereafter, it may grant or deny the franchise, subject to
the right of referendum of the people.
SECTION 1003. Term of Franchise.
Every franchise shall state the term for which it is granted, which,
unless it be indeterminate as provided for herein, shall not exceed
thirty -five (35) years. No franchise may be renewed until three (3) years
before its term expires. A franchise grant may be indeterminate, that is
to say, it may provide that it shall endure in full force and effect until
the same, with the consent of the Public Utilities Commission of the State
of California, shall be voluntarily surrendered or abandoned by its
possessor, or until the State of California or some municipal or public
corporation, thereunto duly authorized by law, shall purchase by
voluntary agreement or shall condemn and take, under the power of eminent
domain, all property actually used and useful in the exercise of such
franchise and situated within the territorial limits of the State,
municipal or public corporation purchasing or condemning such property, or
until the franchise shall be forfeited for non - compliance with its terms
by the possessor thereof.
SECTION 1004. Grant to be in Lieu of All Other Franchises.
Any franchise granted by the City with respect to any given utility
service shall be in lieu of all other franchises, rights, or privileges
owned by the grantee, or by any successor of the grantee to any rights
under such franchise, for the rendering of such utility service within the
limits of the City as they now or may hereafter exist, except any
franchise derived under Section 19 of Article XI of the Constitution of
California as said section existed prior to the amendment thereof adopted
17
October 10, 1911. The acceptance of any franchise hereunder shall operate
as an abandonment of all such franchises, rights, and privileges within
the limits of the City as such limits shall at any time exist, in lieu of
which such franchise shall be granted. Any franchise granted hereunder
shall not become effective until written acceptance thereof shell have
been filed by the grantee thereof with the City Clerk. Such acceptance
shall be filed within ten (10) days after the adoption of the ordinance
granting the franchise and when so filed, such acceptance shall constitute
a continuing agreement of such grantee that if and when the City shall
thereafter annex, or consolidate with, additional territory, any and all
franchises, rights, and privileges owned by the grantee therein, except a
franchise derived under said constitutional provision, shall likewise be
deemed to be abandoned within the limits of such territory.
SECTION 1005. Eminent Domain.
No franchise grant shall in any way or to any extent impair or affect
the right of the City to acquire the property of the grantee thereof
either by purchase or through the exercise of the right of eminent domain,
and nothing herein contained shall be construed to contract away or to
modify or to abridge either for a term or in perpetuity the City's right
of eminent domain with respect to any public utility. Every franchise
grant shall reserve to the City the right to purchase the property of such
utility either at an agreed price or a price to be determined in a manner
to be prescribed in the grant, or in the procedural ordinance hereinabove
mentioned. In fixing the price to be paid by the City for any utility, no
allowance shall he made for franchise value (other than the actual amount
paid to the City at the time of the franchise acquisition), goodwill,
going concern, earning power, increased cost of reproduction, severance
damage, or increased value of right of way.
SECTION 1006. Duties of Grantee.
By its acceptance of any franchise hereunder, the grantee shall
covenant and agree to perform and he bound by each and all of the terms
and conditions imposed in the grant or by procedural ordinance, and shall
further agree to:
(A) Comply with all lawful ordinances, rules, and regulations
theretofore or thereafter adopted by the City Council in the exercise of
its police power, governing the construction, maintenance, and operation
of its plants, works, or equipment:
(B) Pay to the City on demand the cost of all repairs to public
property made necessary by any of the operations of the grantee under such
franchise;
(C) Pay to the owner on demand the cost of all repairs to private
property made necessary by any of the operations of the grantee under such
franchise;
(D) Indemnify and hold harmless the City and its officials from any
and all liability for damages proximately resulting from any operations
under such franchise;
(E) Remove and relocate without expense to the City any facilities
installed, used and maintained under the franchise if and when made
necessary by any lawful change of grade, alignment, or width of any public
street, way, alley, or pJace, including the construction of any subway or
viaduct; and
(F) Pay to the City during the life of the franchise, a percentage,
to be specified in the grant, of the gross annual receipts of the grantee
18
within the limits of the City, or such other compensation as the City
Council may prescribe in the grant.
The City Administrative Officer shall be responsible for the
enforcement of all provisions of the grant.
SECTION 1007. Violations.
The exercise by any person, firm or corporation of any privilege for
which a franchise is required, without procuring such franchise, shall be
a misdemeanor, and each day that such condition continues to exist shall
constitute a separate violation.
ARTICLE XI. PERSONNEL ADMINISTRATION
SECTION 1101. Rules and Regulations.
After obtaining and considering the recommendations of the City
Administrative Officer, the Council shall provide by ordinance or
resolution, not :inconsistent with this Charter, for personnel rules and
regulations governing all City employees.
SECTION 1102. Personnel Board.
The Council shall establish a Personnel Board consisting of five
members whose duties shall be advisory only. (Amended June 6, 1978 -
Measure "F ".)
SECTION 1103. Political Activities.
The political activities of all city employees shall conform to
pertinent provisions of the Federal and State laws.
SECTION 1104. Employee Candidacy for Public Office.
Nothing in Section 1103 shall be construed to prevent any full -time
employee from seeking election or appointment to public office. Upon
becoming a candidate for elective office for the City of San Luis Obispo,
any such person shall request and be granted a leave of absence, without
pay, to remain in effect during the period of time such person is a
candidate.
SECTION 1105. Retirement.
The City Council shall be authorized to enter into a contract with the
Board of Administration of the Public Employees' Retirement System of
California which shall include all employees of the City of San Luis
Obispo, Should the contract at any time be broadened, the City Council
may have the contract amended to provide the improved coverage.
The Council may terminate the contract or negotiate another contract
with reduced employee coverage with the Board of Administration of the
Public Employees' Retirement System only upon authority approved by a
majority vote of the electorate.
ARTICLE XII. BOARDS AND COMMISSIONS
SECTION 1201. Authority.
The City Council shall have the authority to establish by ordinance
19
citizen Committees, Commissions, Boards, and Authorities as required by
the State of California or as the Council deems necessary to give it
advice or assistance. Such authorizing ordinances shall clearly define
goals, responsibilities, and jurisdiction of such a body.
The Council shall have the authority to establish by resolution any
temporary or "ad hoc" citizen Committees with limited lifespan and clearly
define objectives specified in such a resolution.
SECTION 1202. Eligibility, Appointment, and Length of Terms.
All registered voters within the City, except part or full- time
officials and management employees of the City, shall be eligible for
appointment, and shall be selected and appointed by any method deemed
appropriate by the Council.
No Committee member shall be appointed to a term exceeding four (%l)
years. Committee members may be reappointed to serve additional terms.
SECTION 1203. Vacancies.
If a vacancy occurs in the body created by the Council, that vacancy
may be filled by the Council for the unexpired term of such a position. A
member of any such body may be removed by three (3) affirmative votes of
the CnunriI
SECTION 1204. Bylaws and Procedures.
Each body established by ordinance shall present in writing to the
Council for approval its bylaws for procedure: purpose, specific
functions, meetings, officers, budget, etc.
SECTION 1205. Annual Reports.
By May 1 of each year, each established body shall report to the
Council on its activities for the preceding year, as well as its proposed
activities and requested budget. for the forthcoming year.
SECTION 1206. Functional Review.
Every five (5) years of a standing
such a body shall be reviewed by
recommendations presented to the Coun
of function, or for termination.
refer this task to the Personnel Board.
20
Committee's life, the activities of
a citizens' "ad hoc" Committee and
-il for modification or continuation
The Council, at its discretion, may
INDEX
Administrative Officer, City
Annual budget, providing for ..........................
Appointment of certain officers and department heads..
Compensation ........... ...............................
Council shall appoint .. ...............................
Councilmen, eligibility of ............................
Oath of office ......... ...............................
Powers and duties ...... ...............................
Relative ineligible to serve as city officer..........
Public works performed by city ........................
Qualifications of ...... ...............................
Annexation
Development of Annexed Lands ..........................
Appointments
City officers; term and removal .......................
Relatives of city officials and employees prohibited..
Boards and Commissions . ...............................
Attorney, City
Appointment of and term of ............................
Compensation of ........ ...............................
Dutiesof .............. ...............................
Oath of office ......... ...............................
Audit
Annually by certified public accountant ...............
Boards and Commissions
Annual Report .......... ...............................
Appointment ............ ...............................
Authority............. ...............................
Bylaws and procedures.. ...... .........................
Eligibility ............ ...............................
Functional review ...... ...............................
Term, length of ........ ...............................
Vacancies .............. ...............................
Bond of Officers
Council may determine .. ...............................
Boundaries
Established city limits ..............................
Budget
Adoptionof ............ ...............................
Hearing and notice ..... ...............................
Providing for .......... ...............................
Charter
Amendment of ........... ...............................
Conflicts.............. ...............................
21
SECTION PAGE
802
701
711
703
705
710
702
707
901(c)
704
12
9
11
10
10
11
10
10
14
10
908 16
701 9
707 10
1202 20
701 9
711 11
702 10
710 11
810 14
1205
1202
1201
1204
1202
1206
1202
1203
20
20
19
20
20
20
20
20
712 11
102 1
804 12
803 12
802 12
105 1
104 1
Definitions ............ ...............................
106
1
Effective date ......... ...............................
103
1
Validity of ............ ...............................
108
2
Violation of, penalty .. ...............................
109
2
City Property
Sale and lease of ...... ...............................
906
16
Clerk, City
Actions against City presented to City Clerk..........
809
13
Appointment of and term of ............................
701
9
Bond of, filed with Administrative Officer............
712
11
Compensation of officials .............................
711
11
Council shall appoint .. ...............................
701
9
Duties of officials .... ...............................
702
10
Oath of office ......... ...............................
710
11
Collusion................... ...............................
902
15
Comissions, Boards and
(See Boards and Commissions)
Consolidation of functions, offices
With county or state ... ...............................
205
3
Within city ............ ...............................
706
10
Contracts
Abridgement of ......... ...............................
904
16
Collusion.............. ...............................
902
15
Progress payments ...... ...............................
905
16
Public Works by ........ ...............................
901
14
C, 1 1
VV LLIl{� 1 1
Actions, methods of .... ...............................
601
7
Appointments
City officers; term and removal ....................
701
9
Relatives of city officials
and employees prohibited ...........................
707
10
Boards and Commissions .............................
1202
20
Budget
Adoption of ......... ...............................
804
12
Date fixed by. ....... ........... — ....... ........
804
12
Hearing and notice .. ...............................
803
12
Compensation of........ .... ...................,.......
410
6
Duties and powers, enumeration of .....................
501
6
Duties, limitation of .. ...............................
508
7
Election at large ...... ...............................
402
4
Emergency legislation .. ...............................
605
9
Franchises, granting .................. — ..............
1001
16
Governing body of City.... ........................ L...
202
2
Holding certain other offices prohibited..............
508
7
Majority vote of, required for passage
of ordinance, resolution, or motion.* ..............
506
7
Mayor Pro Tempore (Vice Mayor) ........................
408
6
Meetings
Place of, public .... ...............................
502
7
Quorum, majority to constitute .....................
503
7
Rules of procedures . ...............................
504
7
Special may be called ..............................
502
7
Oath of office ......... ...............................
710
11
Oath, power to administer .............................
507
7
22
Offices and departments, may provide
for conduct, etc., of, or additional .................
Ordinances and resolutions, ayes
and noes take on passage of ...........................
Powers generally of .... ...............................
Reimbursement for authorized
travel and other expenses .............................
Subpoena, power to compel attendance of witnesses.....
Tax limit and levy ..... ...............................
Tax system, shall provide for .........................
Terms, limitation of ... ...............................
Vacancies in, filling .. ...............................
Voting................. ...............................
County
Council may consolidate function of City with.........
Demand Against City
Filing, rejection, etc . ...............................
Department of Public Works
May perform work normally contracted ..................
Departments
Council may provide for operation,
etc., of, or additional ..............................
Elections
At large, mayor and council ...........................
Eligibility for office . ...............................
General municipal, time to hold .......................
Initiative, referendum and
recall, State law to apply ............................
Mayor and Council ...... ...............................
Procedure for holding, State law to apply .............
Special municipal, defined ............................
Electricity and Electric power Exempted ....................
Eminent Domain
Right not impaired by franchise grant .................
Enumeration ................. ...............................
Equipment
Purchase of ............ ...............................
Fiscal Administration
AccountsPayable ....... ...............................
Claims against the City ...............................
Grants................. ...............................
Subsidies.............. ...............................
Fiscal Year
Defined................ ...............................
Form of Government of City .. ...............................
Franchises
Dutyof grantee ........ ...............................
Eminent Domain not impaired by granting ...............
Granting............... ...............................
Notice................. ...............................
Publichearing ......... ...............................
Termof ................ ...............................
General Laws
Applicable to City ..... ...............................
23
702 10
505 7
501 6
410
507
807
807
405
406
505
6
7
13
13
5
5
7
205 3
809 13
901(c) 14
204 3
402 4
403 4
302 3
304 4
402 4
301 3
303 3
907 16
1005 18
401 4
903 15
808 13
809 13
805 12
805 12
801 11
201 2
1006 18
1005 18
1001 16
1002 17
1002 17
1003 17
104 1
Governing body... :*'',*''* ....
202
2
Grants and subsidies ........ ...............................
805
12
Income from public utilities ............... ...............
806
12
Initiative Ordinance
Enacting clause ........ ...............................
304
4
Mayor
Absence or disability, selection
of mayor pro tempore ..................................
408
6
Compensationof ........ ...............................
410
6
Election of, at large .................................
402
4
Powersand duties ...... ...............................
407
5
Termof office ......... ...............................
404
4
Protempore, selection of .............................
408
6
Reimbursement for authorized
travel and other expenses .............................
410
6
Vacancy in office of, filling .........................
406
5
Mayor Pro Tempore ..........................................
408
6
Monies Drawn From City Treasury ............................
809
13
Nameof City ................ ...............................
101
1
Natural Gas, Telephone Service, Electricity exempted.......
907
16
Nepotism Prohibited ......... ...............................
707
10
Oaths
Council has power to administer .......................
507
7
Offices and Employees
Bond of, Council may determine amount of ..............
712
11
Combining offices ...... ...............................
706
10
vVl11 F/C :11 sU L1Vll of, 11AGLL Uy U1 LL1l1 Ull{.,G U--L-- 1 "CsV1LLl.1 Vll....
711
jj
Consists of certain named officials ...................
701
9
Dutiesof .............. ...............................
702
10
Eligibility for office . ...............................
403
4
Employee may become candidate for public office.......
1104
19
Employment policy ...... ...............................
709
11
Enumeration of ......... ...............................
401
4
Equal Opportunity Employer ............................
708
10
Fees collected by, must. be paid into City Treasury....
711
11
Mayor and Councilmen, elected at large ................
402
4
Nepotism............... ...............................
707
10
Oath of office to be taken by .........................
710
11
Political activities, employee ........................
1103
19
Vacancy in elective office ............................
406
5
Offices
Council may provide for operation,
etc., of or reassignment of ...........................
702
10
Ordinances
Adoption of certain provisions
by reference permitted . ...............................
608
9
Amending............... ...............................
606
9
Creation of ............ ...............................
601
7
Codification of ........ ...............................
608
9
Effective date ......... ...............................
604
8
Emergency, adoption of . ...............................
605
9
Emergency, effective ... ...............................
605
9
Enacting clause of ..... ...............................
603
8
24