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Home My WebLink AboutSLO City Charter 1910 - as amended July 1951CHARTER OF THE CITY OF SAN LUIS OBISPO CALIFORNIA 1910 A3 AMENDED TO JULY, 19SI N CHARTER of the CITY OF SAN LUIS OBISPO 1910 AS AMENDED TO JULY, 1951 N D E X Page ARTICLE I. Name and Rights of the City _ _ _ _ ,._ _ ., _ _ .......... 5 ARTICLE II. Boundaries---------- ........._.._..._.....__------ 5 ARTICLE M. Elective Officers .. _ _ _ -- 5 ARTICLE IV. The Mayor . _ - _ _ 8 ARTICLE V. Executive and Administrative Departments___ 9 ARTICLE VI. The Council . .--------------------------- 11 ARTICLE VII. Powers of the City and the Council __________ 13 ARTICLE VIII. City Clerk ___________......__ 20 ARTICLE IX. Finance and Taxation _________ 20 ARTICLE X. Public Work and Supplies ____ 23 ARTICLE XI. Elections -------------- ------------------- 25 ARTICLE XII. Recall of Elective Officers __________________ 28 ARTICLE XIII. The Initiative ___, __..______________ 29 ARTICLE XIV. The Referendum _____..____________ 31 ARTICLE XV. The Public Schools _ _ ., _ . 32 ARTICLE XVI. Franchises _........._ _ .. _. _ _. _ __.._ _ _ 33 ARTICLE XVII. Miscellaneous _ 36 ARTICLE XVIII. Police Court (Amendment) _ 37 ARTICLE XIX. Park, Playground and Recreation Department 38 ARTICLE XX. Retirement Act _ _ _ _ .. 39 Charter of the City of San Luis Obispo prepared and pro- posed by the Board of Freeholders elected April 11, 1910, in pursuance of the provisions of Section 8, Ar- ticle XI, of the Constitution 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 Work 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. ARTICLE XVIII. Police Court. ARTICLE XIX. Park, Playground and Recreation Department. ARTICLE XX. Retirement Act. ARTICLE I Name and Rights of the City Sec. 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 suc- cession. 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 he subject to all the liabilities that now exist aganist this municipality. ARTICLE II Boundaries (This article deleted, see original charter.) 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 five school directors. —5 The council shall consist of the mayor and four councilmen, each of whom shall, including the mayor, have the right to vote on all ques- tions coming before the council. The board of education shall consist of five school directors, each of whom shall have the right to vote on all questions coming before the board. (As amended in 1933.) Sec. 5. ROW ELECTED. The mayor, 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 per- son 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. 9. VACANCY IN OFFICE OF SCHOOL DIRECTOR. If a vacancy shall occur in the office of school director, the board of edu- cation shall appoint a person to fill such vacancy. Sec. 10. TERM OF OFFICE OF MAYOR AND CLERK. The mayor shall hold office 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. The city clerk shall hold office for a term of four years from and after the 15th day of May, after his election, and until his successor is elected and qualified. (As amended in 1927.) Sec. 11. TERM OF OFFICE OF COUNCILMEN. The council- men 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 succes- sors 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 performs the duties of his office. The bonds of the mayor must be approved by the council and 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 en- tering 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. Each councilman shall receive an annual salary of five hundred,_, dollars, payable in equal monthly installments. The city council shall regulate the compensation of the city clerk and shall regulate the number, method of appointment, terms of office or employment, and compensation of any deputy or assistant city clerk and all employees in the office of the city clerk. 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 10 dollars in any one month. The provisions of this section in reference to the compensation of the city clerk shall apply to the person elected as city clerk at the election at which this amended section is adopted. (As amended in 1943.) Sec. 16. ADMINISTERING OATHS, SUBPOENAS. Every elec- tive officer, every chief official and every member of any board or com- mission 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 tes- timony concerning any matter or thing pending before such officer, board or commission. If any person so subpoenaed 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 major- ity of such board or commission shall decide to be proper and perti- nent, 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 commis- sion, detail a police officer or police officers to serve such subpoena. —6— —7— ARTICLE IV The Mayor Sec. 17. GENERAL DUTIES. The mayor shall be the chief ex- ecutive 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 government. He shall see that all contracts made with city are faithfully performed. Sec. 18. MAYOR PRO TEMPORE. During the temporary ab- sence or disability of the mayor, the vice-president of the council shall act as mayor pro tempore. In case of the temporary absence or dis- ability of both the mayor and vice-president, the council shall elect one of its members to be mayor pro tempore. In case of vacancy in the office of the mayor, the vice-president of the council shall act as mayor until such vacancy can be filled as 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 consideration such matters as he may deem expe- dient. 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 re- ports 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 information 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 compliance 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 viola- tions 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 perform such other duties as may be prescribed by law and ordinance. ARTICLE V Executive and Administrative Departments Sec. 23. MUNICIPAL DEPARTMENTS. The executive and ad- ministrative powers, authority and duties of the city, not otherwise provided for, shall be distributed among and assigned to four depart- ments, 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. Sec. 24. COMMISSIONERS. The council at its first regular meet- ing after the election of its members shall designate by majority vote one councilman to be commissioner 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 ordi- nance 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 provi- sions 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 commis- sioner shall have the power of selecting and employing the day labor- ers necessary for his department. Any and all employees in any de- partment shall be subject to discharge 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 dis- charging 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 any employee of the city shall cease im- mediately 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 ap- pointed 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 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 praticable, proceed to the ap- -8— —9 pointment of the chief officials of the city and the determination of their duties as provided in this section. 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 pre- scribed in this charter, to provide the modes of filling them, to pre- scribe 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 re- muneration, 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 is this charter otherwise provided. No officer, offi- cial or empIogee shall fie aliowed any fees, prerequisites, emoluments, rewards yr compensation, aside from the salary or eampensation as fixed by the council, but all fees received by him m connection with his official duties shall be paid by him into the city treasury. Sec. 29. DEPARTMENT REPORTS. Each department and com- mission shall annually an such date as may be fitted by the council, render to the mayor a full report of all the operations of such depart- ment or commission for the year. Sec. 30. PUBLICATION OF REPORTS. The council shall pro- vide 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 reve- nue, who shall be ex -officio a member .of the board of education, shall hold any Other municipal office or hold any office or employment the compensation of which is paid out of the municipal moneys; or be elected or appointed to any office created or the compensation of which is increased by the council while he was a member thereof, until one year after the expiration of the term for which he was elected. Sec. 32. NOT TO BE INTERESTED IN CONTRACTS OR FRAN- CHISES. No officer, official or employee shall be directly or indi- rectly 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, farm or corporation having any contract with the city or of any grantee of a franchise granted by the city. 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 appro- priate legislation. See. 33. POLITICAL AND RELIGIOUS TESTS. No appoint- ment to position under the city government shall be made or be with- held 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 uo transfer, promotion, reduction, reward or punishment shall be in any manner effected by such opin- ions, affiliations or services. ARTICLE VI The Council Sec. 34. GENERAL POWERS. The council shall be the govern- ing body of the municipality. It shall exercise the corporate powers of the city, and, subject 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 constitu- tion 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 proceedings. Sec. 40. ORDINANCES AND RESOLUTIONS. (1) The council shall act only by ordinance or resolution. (2) The ayes and noes shall be taken upon the passage of all ordi- nances 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 receiving the affirmative votes of at least three members of the council. (4) Every ordinance or resolution, except an ordinance making ap- propriations, 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 appropriations. 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. —10— —11— of the same in accordance with the terms of the bequest, gift or trust, or absolutely in case of 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 there- for; provided, that in the procedure for the creation and issuance of such bonded indebtedness the general laws of the State of California 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 council 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 inter- est at not exceeding five percent per annum. Or the council may be authorized to levy a special tax each year for a period of years not exceeding three years in all, for any permanent municipal improve- ment, 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 proceedings. 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. See. 45. POWERS OF COUNCIL. As the legislative organ of the city, the council subject to the provisions and restrictions of this char- ter, shall have power: (1) To provide a corporate seal, with appropriate device, to be affixed to all instruments 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 dollars or six months' imprisonment, or both. (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 re- quired tberef or. (5) To establish and maintain a fire alarm and police telegraph or telephone system, and manage and control the same. (8) To regulate the use of steam engines, gas engines, steam boil- ers 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 mate- rials to be used in the construction, alteration or of such build- ings or in the repair or alteration of existing b= s 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 erec- tion and maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structures, and to provide for their summary abate- ment 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 sewer, the materials used in wiring buildings or other structures for the use of electricity for light- ing, 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 con- struction of buildings and structures which do not conform to such regulations. (11) To require the owners and lessees of buildings or other struc- tures 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 dan- gerous chimneys, fireplaces, hearths, stoves, stave -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, chains, 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 rail- road companies to station flagmen, place gates or viaducts 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. (6) To regulate or prohibit the manufacture, keeping, storage and 15 To regulate or prohibit the exhibition or carr use of powder, dynamite, guncotton, nitroglycerine, fireworks, and placards or advertisements and the distribution of handbills lis of banners, the other explosive materials and substances. streets, public grounds or upon the sidewalks; to regulate or prevent (7) To regulate the storage of hay, straw, oil and other inflam- the flying of banners, flags, or signs across the streets or from houses; mable and combustible materials. to regulate or prohibit trafi=ie and sales in the streets and public 14-- —15 places; to prevent encroachments upon or obstructions to the streets, and to require their removal. (16) To compel the owner or occupant of buildings or grounds to remove dirt, rubbish and weeds therefrom and from the sidewalk and gutters adjacent thereto; and in his default to 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 expe- dient 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; 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 nature as to affect the public health or good order of the city or distrub the public peace, or which may be offensive or dangerous to the inhabitants residing in the vicinity, and to provide for the punishment of all persons violating such regulations and the punishment of all persons who knowingly permit the same to be violated in any building or upon any premises owned or controlled by them; to wake regulations for the suppression of disagreeable, offensive and injurious noises and odors. (23) To provide for and regulate the inspection of all dairies and slaughter houses that offer for sale or sell any of their products in the city. (24) To regulate lodging, tenement and apartment houses and to prevent the 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 man- ner 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 regula- tion 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 hacks, public carriages, express wag- ons, 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, games and amusements; to prevent and prohibit all descrip- tions of gambling and fraudulent 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 con- trivances upon or into which money is staked, hazarded, deposited or paid upon chance and the selling 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 and personal prop- erty within the city, subject to the limitations elsewhere in this charter provided. (33) To order the repaying by the treasurer of any taxes, percent- ages or costs erroneously or illegally collected. (34) To fix the fees and charges for all official services not other- wise provided -for in this charter. (35) To provide an urgent necessity fund not exceeding five hun- dred 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 high- est responsible bidder at the highest monthly rent, after publication of notice thereof for at least one week, stating explicitly the time and conditions of the proposed lease; provided, that the council may 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 one day, of personal property unfit or unnecessary for the use of 16— —17 the city; provided that no such sale shall be held less than five (5) days after such advertising. (As amended in 1941.) (39) 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 re lank, pave or repave, macadamize or remacadamize, gravel or regravel, pile or repiie, cap or recap, sewer or resewer, surface or resurface the whole or any part of any street, avenue, lane alley, court or place within the city, and to lay and comstruet sidewalks, manholes, culverts, cesspools, gutters, tunnels, curbing and crosswalks, breakwaters, le- vees, 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 m accordance with the the 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 out 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 of private property, the general laws of the State of California in force at the time of the improvement shall govern and control, and all proceedings shall be in conformity thereto. (As amend- ed in 1917.) (42) To open, extend, widen, straighten or close any street, lane, alley, court or public place 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 conven- ient for that purpose. Whenever, in the judgement of the council or of the people, the cost and expense of any of the foregoing improvements is to be paid by special assessment on private property, the general laws of the State of California in force at the time of the improvement shall govern and control, and all proceedings shall be in conformity thereto, except that all the duties of the commissioners and secretaries shall be performed by or under the direction of the commissioner of public works of the city, who shall receive no compensation therefore. (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 collected by any person, firm or corpora- tion in the city, for the use of water, heat, light, power, telephone or transportation service, supplied to the city or to the inhabitants there- of, 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 the inhabitants -there- of, or acting as common carriers of passengers or freight within the city; to keep informed as to their general condition, their capitalisa- tion, 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 char- ter; to prohibit all unjust discrim, ations and unreasonable prefer- ences in the rates charged or service furnished; to provide that the service rendered and the facilities furnished shall be safe and adequate and in all respects just and reasonable; to order such repairs, improve- ments, changes or additions as may be necessary to make such service adequate, just and reasonable; and to provide by ordinance for the punishment, by fine or imprisonment, of any person, firm or corpora- tion, or agent, officer, or employee thereof, who shall fail to obey, observe and comply with its orders and regulations in any of the above respects. (47) To require every railroad company to keep the streets in re- pair between the tracks, and along and within the distance of two feet upon each side of the tracks occupied by the company. (48) To cause the removal and placing underground of all tele- phone, 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 in- consistant 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 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. (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 regulate and prevent bringing into the city or having or keeping within the city any such unsound, spoiled, adulterated or unwholesome products. —18— —19— (56) To enact appropriate legislation and do and perforin any and and the wants of all the departments of the municipal government in all other acts and things which may be necessary and proper to carry detail, and showing specifically the amount necessary to be provided out the general powers of the city, or any of the provisions of this for each fund and department, also an estimate of the amount of in - charter, and to exercise all powers not in conflict with the constitution come from fines, licenses and other sources of revenue exclusive of of the state, with this charter or with ordinances adopted by the people taxes upon property, and the probable amount required to be levied of the city. and raised by taxation. ARTICLE VIII City Clerk Sec. 46. GENERAL DUTIES. The city clerk shall have the cus- tody 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 perform 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 com- mence 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 char- ter concerning the assessment, levy and collection of taxes shall be subject to the provisions of any such ordinance while the same shall be in force. Sec. 49. DEPARTMENT ESTIMATES. On or before the second Monday in May in each year or on such date in each year as shall be fixed by the council, the heads of departments, 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 commissions, 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 com- missioner of finance and revenue shall submit to the council an esti- mate 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, 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 duly 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 for that purpose, from time to time, until the business of equalization is disposed of, but not later than the third monday in duly. (As amended in 1943.) 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 to be requires{ in the annual budget, less the amounts estimated to be re- ceived 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 corrected 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, or for public library purposes, shall not exceed eighty-five cents on each one hundred dollars worth of taxable property in said city, except as in this charter otherwise provided. The council may, however, in any year, by ordinance adopted not later than the first Tuesday in September, levy in, addition to the rate in this section above authorized, a tax of not to exceed thirty cents on each one hundred dollars worth of taxable property in said city, which shall be collected at the same time and manner as other taxes levied by said city, the proceeds of which said tax shall belong and be paid to a fund designated as the Improvement Fund of said City and shall be expended only for public improvements and better- ments in said city. (As amended in 1945.) Sec. 55. TAX LIENS. All taxes assessed, together with any per - tentage imposed for delinquency and the cost of collection, shall Con- stitute liens on the property assessed, every tax upon the 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 Mon- day in March in each year, and may be enforced by actions in any —20— —21— court of competent jurisdiction to foreclose such Iiens, or by a sale of the property affected and the execution and delivery of all necessary certificates and steeds therefor, under such regulations as may be pre- scribed 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 Iike case in like manner and with like effect and with like right of redemption, as it may be struck off and sold to the state when offered for sale for state and county taxes, and the council shall have power to provide for the procedure to be followed in such sales to the city and redemption thereafter. Sec. 56. CLAIMS AGAINST CITY. ADDITIONAL DUTIES OF CLERK. Money shall be 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 offi- cers, 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 a -arrant the word "allowed", and the date of such allowance, and sign his name thereto. No demand shall be approved, allowed, audited or aid 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 the treasurer the amount thereof, to what fund applicable, and by whom to be paid. He shall charge the treasurer with the amount received. It shall be his duty to apportion among the several funds all public money at any time in the city treasury, not by law or ordinance specifically apportioned and ap- propriated, and forthwith notify the treasurer of such apportionment or appropriation. He shall countersign and deliver to the proper offi- cers, all licenses and other receipts, charging them therewith, and taking their receipt therefor. He shall on the first Monday of each month, or oftener if required, report in writing to the council the con- dition of each fund in the treasury. He shall keep a complete set of books for the city, in which he shall set forth in a plain and business- like 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 war- rants on the treasury. He shall perform such other duties as may be required of him by this charter or by ordinance. Sec. 56-a. CLAIMS AGAINST THE CITY. CLERK'S WARRANT. All demands against the city shall be presented to and audited by the city council; and upon the allowance of such demand by the affirmative vote .of three members of the council, the city clerk shall draw a war- rant on the treasury for the same, which warrant shall not require any counter signature and the same shall specify for what purpose the same is drawn and out of what fund it is to be paid. All provisions of this charter in conflict herewith are hereby repealed. (As added in 1933.) Sec. 57. DISPOSITION OF MONEY COLLECTED. Every offi- cer 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 day of each month, or at more frequent intervals as may be di- rected by the council, and immediately pay all the same into the treas- ury, on the order of the city clerk, for the benefit of the funds to which such moneys severally belong. When the last day of the month falls upon Sunday or a Iegal holiday, the said payments shall be made on the next preceding business day. The council may provide, in its dis- cretion, for the deposit of the city moneys in banks in accordance with the state law. Sec. 58. UNIFORM ACCOUNTS. The council shall prescribe uni- form forms of accounts, which shall be observed by all officers and departments of the ctiy which receive or disburse moneys. ARTICLE X Public Work and Supplies Sec. 59. INCOME FROM PUBLIC UTILITIES. All income de- rived 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 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 supervision of the city attorney. All contracts must be in writing, executed in the name of the City of San Luis Obispo by an officer or officers authorized to sign the same, and must be counter- signed by the city clerk, who shall number and register the same in a book kept for that purpose. Sec. 61. PUBLIC WORK TO BE DONE BY CONTRACT. In the erection, improvement and repair of all public buildings and public works, in all 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 two thousand dollars, the same shall be done by contract, and shall be let, to the lowest responsible bidder, after advertising for sealed propo- sals for the work contemplated for one day in the official newspaper. Such notice shall distinctly and specifically state the work con- templated to be done. 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 de- tailed 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 council may order the work to be done by the department of pub- lic 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. (As amend- ed in 1947.) 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 one day setting forth distinctly and specifically the work contemplated to be done, and asking for sealed proposals therefor. The proposals shall specify the type and spacing to be used at the rate or rates narned in the bids. —22— —23— The council shall let the contract for such official advertising to the lowest responsible bidder publishing a newspaper of general circula- tion printed and published in the city and which has been in existence at the time of the awarding of the contract for at least one year; pro- vided, that the council may reject any or all bids if found excessive, and advertise for new bids. The newspaper to which the award of such advertising is made shall be known and designated at the "official newspaper". (As amend- ed in 1941.) Sec. 63. CONTRACTS FOR LIGHTING. No contract for light- ing streets, public buildings, places or offices shall be made for a longer period than one year, nor shall any contract to pay for electric light or any illumination material at a higher rate than the min- imum price charged to any other consumer be valid. See. 64- COLLUSION WITH BIDDER. Any officer of the city, or of any department thereof, who shall aid or assist a bidder in secur- ing 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 will- fully mislead any bidder in regard to the 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. 65. 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 part or parties for the purpose of preventing any other bid being made, then the con- tract 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. See. 66. CERTAIN ACTS FORBIDDEN. Every officer or em- ployee of the city is forbidden and prohibited from soliciting, accepting or receiving, directly or indirectly, and every public service corpora- tion, person having or contemplating any contract with the 'City or grantee of a franchise granted by the city, or agent, officer, attorney or employee thereof, is forbidden and prohibited from offering or giv- ing, directly or indirectly, to any such officer or employee, any com- modity or service furnished by such public service corporation or owner of a franchise, or any redaction 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 misdemeanor. Every officer or employee of the city who violates any of the provisions of this section shall be guilty of mal- feasance and shall be removed from office. ARTICLE XI Elections Sec. 67. GENERAL AND SPECIAL MUNICIPAL ELECTIONS. A municipal election shall be held in the city on the first Monday in May in the year 1911, and on the first Monday in 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. Sec. 68. NOMINATION AND ELECTION OF CITY OFFICERS. (1) The mode of nomination and election of all elective officers of the city to be voted for at any municipal election shall be as follows and not otherwise: (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 man- ner and form and under the conditions hereinafter set forth. (3) The petition of nomination shall consist of not less than twen- ty-five nor more than one hundred individual certificates, which shall read substantially as follows: PETITION OF NOMINATION STATE OF CALIFORNIA, l COUNTY OF SAN LUIS OBISPO, }SS. CITY OF SAN LUIS OBISPPO. J I, the undersigned, do solemnly swear (or affirm) that I am a quali- fied 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 I am not at this time a signer of any other petition nominating 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 applica- tion a reasonable number of forms of individual certificates of the above 'character. —24— —25— (5) Each certificate must be a separate paper. All certificates must be of a uniform size as determined by the city clerk. Each certi- ficate must contain the name of one signer tbereto 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 be filled in such office. In case an elector has signed two or more conflicting certificates, all such cer- tificates shall be rejected. Each signer must verify his certificate and make oath that the same is true before a notary public or a verifica- tion deputy, as provided for in this section. Each certificate shall fur- ther contain the name and address of the person to whom the petition is to be returned in case said petition is found insufficient, (6) Verification deputies, under this section, must be qualified elec- tors of the city and shall be appointed by the city clerk upon applica- tion 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 nomination ofcan- didates 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 appoint- ment be authorized and empowered to take the oath of verification of the signers of petitions of nomination. Such verification deputies need not use a seal, and shall not have power to take oaths for any other purposes 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 ofnot less than twenty- five nor more than one hundred individual certificates for any one can- didate, 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 presented to him. (8) 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 necessary, 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 'veri- fied revocation of his signature before the filing of the petition by the clerk, and not otherwise. He shall then be at liberty to sign a petition for another candidate for the same office. (10) Any person whose name has been presented under this section as a candidate may, not later than twenty-five days before the day of election, cause his name to be withdrawn from nomination by filing with the city clerk a request therefore in writing, and no name so with- drawn 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 there- for not later than twenty days prior to such election. (11) If either the original or the amended petition of nomination be found sufficiently 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 petitions of nomination and all certificates belonging thereto filed under this section. (13) Immediately after such petitions are filed, the clerk shall en- ter the names of the candidates in a list, with the offices to be filled, and shall not later than twenty (20) days before the election certify such list as being the list of candidates nominated as required by the charter of the city of San Luis Obispo, and the council shall cause said certified Iist 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 once a week for two successive weeks be- fore the election in not more than two newspapers of general circula- tion printed and published in the city of San Luis Obispo. Said procla- mation shall conform in all respects to the general state law governing the conduct of municipal elections, now or hereafter in force, except as above required. (As amended in 1941.) (14) The city clerk shall cause the ballots to be printed and bound and numbered as provided for by state law except as otherwise re- quired in this charter. The ballots shall contain the list of names and the respective offices, as published in the proclamation and shall be in substantially the following form: GENERAL (OR SPECIAL) MUNICIPAL ELECTION, CITY OF SAN LUIS OBISPO. (Inserting date thereof.) INSTRUCTIONS TO VOTERS: To vote, stamp or write a cross (7f) opposite the name of the candidate for whom you desire to vote. All marks otherwise made are forbidden. 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 num- ber 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 hand side for charter amendments or other questions to be voted upon at the muncipal 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 can- didacy or of the support of any candidate. —26— —27 (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: ::For 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) Half-inch square shall be provided at the right of the name of each candidate wherein to mark the cross. (19) Half-inch spaces shall be left below the printed names of can- didates 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 used 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 conducting municipal elections shall in- validate the same, if they have been conducted fairly and in substan- tial conformity to the requirements of this charter. Sec. 69. GENERAL ELECTION REGULATIONS. (1) The provi- sions 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 management of elec- tions, so far as they may be applicable, shall govern all municipal elec- tions, provided, 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 Sec. 70. PROCEDURE RELATING THERETO. (1) Every in- cumbent of an elective office, whether elected by popular vote or ap- pointed 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 percentum 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 re- moved, shall be addressed to the council and presented to the city clerk. The petition may request such election to be held at a special munici- pal 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 substantially followed, with such modifications as the nature of the case requires. (A) 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. (5) In the published call for the election there shall be printed in not more than 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. (6) The officer sought to be removed shall be deemed a candidate, and, unless he resigns, his name shall be printed on the ballot. The nomination of other candidates 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 perform the duties of his office until the election, and, if he fail of election, he shall be deemed removed from office. (8) No recall petition shall be filed against any officer until he has actually held his office for at least three months. (9) No person who has been recalled from an elective office, or who has resigned from such office while recall proceedings were pend- ing 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 is his section, and to adapt the provisions of section sixty-eight thereto. ARTICLE XIII The Initiative Sec. 71. PROCEDURE RELATING THERETO. (1) Any pro- posed ordinance may be submitted to the council by a petition signed by registered electors of the city equal in number to the percentage hreinafter required. (2) The provisions of section sixty-eight of article XI respecting the forms and conditions of the petition and the mode of verification —28 —29— and certification and filing shall be substantially followed, with such modifications as the nature of the case requires. (3) If the petitionaccompanying 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 and contain a re- quest that said ordinance be submitted forthwith to the vote of the people at a special election, then the council sha'.] either: (a) Pass said ordinance without alteration within twenty days af- ter the attachment of the clerk's certificate of sufficiency to the ac- companying petition (subject to a referendary vote under tha provi- sions of article XIV 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 ordi- nance without alteration shall be submitted to a vote of the people. (4) It the petition be signed by electors equal in number to at least ten, but less than twenty-five percentum of the entire vote cast for all candidates for mayor at the last preceding general municipal election at which a mayor was elected, and said ordinance be not pass- ed by the council as provided in the preceding subdivision, 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 cer- tifileate of sufficiency attached to the petition accompanying such or- dinance. (5) Whenever any ordinance or proposition is required by this charter to he submitted 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 he published, and may order that each publica- tion 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 ordinance). If a ma- jority 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 elec- tion, such ordinance shall be repealed or amended accordingly. An or- dinance 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 XI thereto. ARTICLE XIV The 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 re- specting street improvements, and except the ordinance malting the annual tax levy, and except an ordinance for the immediate preserva- tion 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; pro- vided, that no grant of any franchise shall be construed to be an ur- gency 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 twenty 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 pre- sented to the council, the same shall thereupon he suspended from going into operation and it shall be the duty of the council to re- consider such ordinance, and if the same be not entirely repealed, the council shall submit the ordinance, as is provided in article XIII 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 be- come 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 conditions 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. (As amended in 1947.) See. 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 as is provided in this charter for ordinances or measures submitted on petition. At any special election called under the provi- sions of this charter, there shall be no bar to the submission of other questions to a vote of the electors in addition 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. —30— —31— Sec. 74. FURTHER REGULATIONS. The council may, by or- dinance, make such further regulations as may be necessary to carry out the provisions of this article, and to adapt the provisions of sec- tion sixty-eight of article XI thereto. 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 the mu- nicipal elections, and shall constitute one or more separate precincts, and the qualified electors therein shall vote only for the school direc- tors 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 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 taws 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 be called. Sec. 80 QUORUM. Three members of the board shall constitute a quorum, and the affirmative votes of three members shall be neces- sary to pass any measure, but a less number than three may adjourn from day to day and compel the attendance of absent members in such manner as the board may prescribe. Sec. 81. RULES. The board of education may determine the rules of its proceedings. Sec. 82. MEETINGS TO BE PUBLIC. All meetings of the board of education shall be public. Sec. 83. SUPERINTENDENT OF SCHOOLS. The board of edu- cation shall appoint a superintendent of schools and fix his compen- sation. Sec. 84. POWERS AND DUTIES OF SUPERINTENDENT. The superintendent of schools shall be the executive officer of the board of education and he shall give his full time to the duties of his office. He shall be subject only to the board of education and all orders of the board relating to the direction of the principals, teachers, and janitors shall be given through him. He must examine all plans for the con- struction or reconstruction of school buildings and report in writing to the board any objections he may find thereto. He shall have supervi- sion of the course of instruction and of the discipline and conduct of the schools. He, or a deputy superintendent, may be required to act as secretary of the board of education. Sec. 85. TEACHERS, HOW NOMINATED. The superintendent of schools shall nominate and recommend all teachers and principals for election by the board of education. He shall assign all teachers and principals and make all transfers necessary to the successful operation of schools. Sec. 86. ELECTION OF TEACHERS. The board of education shall elect all teachers, but only from a list of candidates nominated and recommended by the superintendent of schools. The board of edu- cation may make rules in accordance with which the superintendent must make such nominations and recommendations. Sec. 87. SCHOOL WARRANTS. Every claim payable out of the school fund shall be filed with the secretary of the board of education, and after it shall have bean approved by the board a certificate of such approval shall be endorsed thereon, signed by the president and sec- retary, and a warrant upon the school fund shall be issued thereon for the payment of such claim. Said warrant shall be signed by the presi- dent and countersigned by the secretary and shall specify the purpose for which it is drawn and receive the approval of the city clerk as pro- vided in section fifty-six. Sec. 88. ANNUAL ESTIMATES OF EXPENSES. The board of education shall 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 an- nual tax levy. The proceeds of such tax shall be immediately paid into the school fund of the city, to be drawn out only upon the order of the board of education. ARTICLE XVI Franchises Sec. 89. PROPERTY RIGHTS INALIENABLE. The rights of the city in and to its streets, highways, parks and all other public places, except as otherwise provided in this charter, are hereby de- clarers inalienable. —32— —33— Sec. 90. FRANCHISE REQUIRED. No person, firm or corpora- tion shall ever exercise any franchise or privilege mentioned in this article except in so far as he or it may be entitled to do so by direct authority of the constitution of California or of the constitution or laws of the United States, in, upon, over, under and along any street, highway or other public place in the city unles 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, surburban or interurban rail- roads 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 provi- sions 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 cor- poration shall be thirty-five (35) years. Sec. 94. SERVICE AND ACCOMMODATION. The grant of ev- ery franchise or privilege shall be subject to the right of the city, whether reserved or not, to make all regulations which shall be neces- sary to secure in the most ample manner the safety, welfare and ac- commodation of the public, including among other things the right to pass and enforce ordinances to protect the public from danger and in- convenience 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 he reasonably necessary to secure adequate, suffi- cient and proper service and accommodations for the people and insure their comfort and convenience. _ Sec. 95. RATES AND CHARGES. 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 interurban railroad shall pro- vide that all United States mail carriers, policemen and firemen 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 pas- sengers. 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 be- fore as stated in the ordinance, the city, at its election and upon the payment of a fair valuation therefor to be trade in the manner pro- vided in the ordinance making the grant, tray 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 or- dinance 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 compensa- tion 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 be- come the property of the city by virtue of the grant and without the execution of any instrument or conveyance. Sec. 98. LEASE OR ASSIGNMENT OF FRANCHISES. Any franchise granted by the city shall not he Ieased, 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 shall be deemed to operate as such consent; provided that nothing herein shall be construed to prevent the grantee of such franchise from including it in a mortgage or trust deed executed for the purpose of obtaining money for corporate objects. See. 99. STREET SPRINKLING, CLEANING. AND PAVING. Ev- ery 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, and pave and repave so much of said street, highway or other pubile 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 exam- ine 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. —34— —35 Sec. 101. ANNUAL REPORTS. Every person, firm or corpora- tion operating any business under a franchise granted under this ar- ticle, 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 statement, 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 at the time of filing the annual report. Failure to pay such percentage shall work a for- feiture 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 fran- chise 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. FRANCHISES NOT IN USE FORFEITED. All fran- chises and privileges heretofore 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 forfeited and in- valid, unless such grantees or their assigns shall, within six months after this charter takes effect, in good faith continence the exercise and enjoyment of such privilege or franchise. ARTICLE XVII Miscellaneous Sec. 105. WHEN THIS CHARTER TAKES EFFECT. For the purpose of nominating candidates and electing mayor, city clerk, coun- cilmen and school directors in accordance with this charter, this char- ter 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, 1911. See. 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 discharge their duties until the election and qualification of the mayor, city clerk, councilmen and 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 resolution 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 inconsistent 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 at- torney shall prosecute, in behalf of the people, all criminal cases aris- ing from violations of the provisions of this charter and the ordinances of the city, and shall attend to all suits and proceedings 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 provisions 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 authorities. 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 of San Luis Obispo is situ- ated, in which case the expense of such imprisonment shall be a charge in favor of such county against the city of San Luis Obispo. ARTICLE XVIII (As added in 1913.) Police Court Sec. 111. The judicial power of the city of San Luis Obispo shall be vested in a police court to be held therein. Said court shall consist of one judge: who shall be appointed by the council, or other legislative body of said city, and who shall serve during its pleasure, and who shall receive such compensation as the council of said city shall de- termine. Sec. 112. Said court shall have exclusive jurisdiction: (1) In all prosecutions for violations of municipal ordinances. (2) In all actions for the recovery of any fine, penalty or forfeiture, and the enforcement of any obligation or liability prescribed or created by the city ordi- nances and in which the sum sued for does not amount to three hun- dred dollars. Sec. 113. Within the city limits said court shall have concurrent and co-ordinate jurisdiction with township justices' courts in all mat- ters and things in which said justices' courts now or may hereafter —36— —37— have jurisdiction, and the judge of said police court shall have as aforesaid like authority, power and jurisdiction as the justices of said justices' court. Sec- 114. Appeals may be taken to the superior court of the State of California, in and for the county of San Luis Obispo, from the judg- ments and orders of said police court in all cases in which appeals now are, or may hereafter be provided by law to be taken to said superior court from said justices' and police courts. Sec. 115. In all proceedings in and appeals from said police court, the pleadings, practice, procedure and laws, now applicable or that may hereafter be made applicable to said justices' or police courts, except as may be otherwise provided in this article, are hereby adopted and made applicable to said police court. Sec. 116. All fines, and other moneys received or collected by the judge of said police court, for or on account of the city of San Luis Obispo, shall be paid into the city treasury on the last day of each month before the hour of twelve o'clock noon; provided, that if the last day of the month falls upon a Sunday or legal holiday, then such payment must be made on the day preceding before the hour of twelve o'clock noon. Sec. 117. The judge of said police court shall have power to ad- minister oaths and affirmations and take and certify affidavits. He shall have and use a seal on which shall be inscribed the arms of the State of California and the words: "Judge of the police court of the city of San Luis Obispo." He shall have power to issue warrants, writs and summons in all respects as if issued by the justice of the peace. Any warrant, writ or summons issued out of said court may be served in any county of the state; provided, there is attached to it a certificate under seal by the county clerk of San Luis Obispo county to the effect that the person issuing the same was the acting judge of said court at the time of the issuance of said process. See. 118. In all civil actions for the recovery of any fine, penalty or forfeiture prescribed for the breach of any ordinance of such city or town where the fine, penalty or forfeiture imposed by the ordinance is not more than one hundred ($100) dollars, the trial must be by the court, in civil actions where the fine, penalty or forfeiture prescribed for the breach of any ordinance of said city is over one hundred dol- lars, the defendant is entitled to a jury. Sec. 119. The mayor may, in writing, appoint any justice of the peace of said county or the judge of any inferior court of like jurisdic- tion in said county during the temporary absence or inability of the judge of the police court to act. ARTICLE XIX (As Added In 1941) Park, Playground and Recreation Department Sec. 120. There is hereby created in the city of San Luis Obispo a commission, to be known as the Park, Playground and Recreation Com- mission. Such commission shall consist of five members, to be known as commissioners. The commissioners shall be appointed by the mayor, subject to the confirmation of the city council, and may be removed by a majority of the city council. The members of said commission shall serve without compensation. Sec. 121. The Park, Playground and Recreation Commission shall have such powers and shall perform such duties as may be fixed by ordinance or resolution of the city council. Sec. 122. Notwithstanding anything to the contrary contained in section 54 of this charter, and in addition to the tax Ievies therein provided, the council may in any year levy a tax in the same man- ner as other takes are levied, of not to exceed twenty cents on each one hundred dollars worth of taxable property in said city which shall he collected at the same time and in the same manner as other taxes levied by said city, the proceeds of which tax shall belong to and be paid to the Park, Playground and Recreation fund, which fund is hereby created, and shall be expended only for park, play- ground and recreation purposes. (As amended in 1947.) ARTICLE XX State Employees' Retirement Act Sec. 123. As the legislative body of the City of San Luis Obispo, the City Council shall have power to adopt the State Employees' Retirement Act, hereinafter referred to as the "Retirement Act", for the City of San Luis Obispo. The City Council, by ordinance duly adopted, may enter into a contract with the Board of Ad- ministration of the State Employees' Retirement System, as provided in said Retirement Act, making the employees of the City members of said Retirement System. Plenary authority and power is hereby vested in the City of San Luis Obispo, its City Council, and its several officers, agents and employees to do and perform any act, or exercise any authority granted, permitted or required whereby said City under the provisions of said Retirement Act, may become a contracting City fully participating in the State Employees' Re- tirement System, on the same basis as State employees, wherever and whenever said Retirement Act permits; provided, however, that the City Council, by ordinance duly adopted, may terminate any con- tract entered into with the Board of Administration of the State Employees' Retirement System. The Retirement Act Herein referred to is that certain act of the Legislature of the State of California (Statutes of 1931, Chapter 700), cited as the State Employees' Retirement Act, as now amended, or as the same may hereafter be amended. The employees of the Public Library, the Judge of the Police Court and the Chief Officials of the City named in Section 26 of this Charter, except Library Trustees, shall be considered and held to be employees of the City of San Luis Obispo for the purpose of the establishment and maintenance of the retirement system hereby authorized. The City Council, in any year, by ordinance adopted not later than the first Tuesday in September, may levy a tax sufficient to pay all costs and expenses to be paid by the City during the fiscal 38— —39— year then current, to enable said City to participate in the State Employees' Retirement System, and, notwithstanding anything to the contrary therein contained, the Iimitations of Article I%, Sec- tion 54, of the Charter of the City of San Luis Obispo, with respect to the levy and collection of municipal taxes, shall not apply to any tax authorized by this Article." (As amended in 1545.) —40—