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HomeMy WebLinkAboutAmendment to City Charter of SLO 1913of A$�emb1 yl, `zn, 5. �• �• Gree , 3ra Dj str1 ct -1— Assembly Concurrent Resolution No. 25. Adopted in Assembly March 28, 1913. ----------------------------------------- Chief Clerk of the Assembly. Adopted in Senate April 4, 1913. ----------------------------------------- Secretary of the Senate. This resolution was received by the Governor, this -------- day of------------------, A. D. 1913, at ------ o'clock --- M. ----------------------------------------- Private Secretary of the Governor. -3— CHAPTER ---- Assembly Concurrent Resolution No. 25, approving a certain amendment to the charter of the city of San Luis Obispo, in the county of San Luis Obispo, State of California, which was voted for and ratified by the qualified electors of said city at a special municipal election held therein for that purpose on the 18th day of March, 1913. WHEREAS, The city of San Luis Obispo, in the county of San Luis Obispo, State of California, contains a population of more than thirty-five hundred inhabitants and has been ever since the year 1910, and is now, organized and acting under and by virtue of section 8 article XI of the Constitu- tion of the State of California, which charter was duly rati- fied by a majority of the qualified electors of said city at a special election held for that purpose on the twelfth day of September, 1910, and approved by the legislature of the State of California, on the twenty-third day of February, 1911; and -VHEREAs, The council of the said city duly proposed to the qualified electors of said city an amendment to the charter of such city by the submission of one proposal entitled as follows, to wit: Charter Amendment No. 1. That there be added to the charter an article to be known as article XVIII containing sections 111 to 119 inclusive, and to read as follows, to wit: ARTICLE XVIII. 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 determine. SEC. 112. Said court shall have exclusive jurisdiction: (1). In all prosecutions for violations of municipal ordi- nances. (2). In all actions for the recovery of any fine, pen- alty or forfeiture, and the enforcement of any obligation or liability prescribed or created by the city ordinances and in which the sum sued for does not amount to three hundred dollars. -4— SEC. 113. Within the city limits said court shall have con- current and co-ordinate jurisdiction with township justices' courts in all matters and things in which said justices' courts now or may hereafter 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 judgments 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 pro- vided in this article, are hereby adopted and made applicable to said police court: SFC. 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 administer oaths and affirmations and take and certifv affi- davits. 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. SEC. 118. In all civil actions for the recovery of any fine, penalty or forfeiture prescribed for the breach of any ordi- nance of such city or town where the fine, penalty or for- feiture imposed by the ordinance is not more than one hun- dred ($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 dollars, 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 — '5 — of like jurisdiction in said county during the temporary absence or inability of the judge of the police court to act. WHEREAS, Said proposal was published for ten days in the "Daily Telegram," a daily newspaper of general circulation, printed, published and circulated in said city of San Luis Obispo; and WHEREAS, Said council did, by ordinance Xo. 26 (new series), duly and regularly adopted, passed and approved, on the 10th day of February, 1913, called a special election to be held on the 18th day of March, 1913, in said city, being not less than twenty nor more than forty days after the completion of the publication of said proposal for ten days in said news- paper; that said ordinance contained all the matters and things required to be contained therein by section 8 of article XI of the Constitution of the State of California; and WHEREAS, At said election held as aforesaid, a majority of the qualified electors, voting thereon, voted in favor of such proposal or amendment and did ratify the same; and WHEREAS, The city council of the said city of San Luis Obispo, in accordance with the law in such cases made and pro- vided, did on the 19th day of March, 1913, duly canvassed the returns of said election as certified by the election boards and duly found, determined and declared that a majority of the qualified electors of said city voting thereon, had voted for and ratified said proposed amendment to the charter of said city of San Luis Obispo; and WHEREAS, The said amendment to the said charter was ratified by a majority of the qualified electors of said city voting at said election is in words and figures as follows, to wit : as hereinbefore set forth. STATE OF CALIFORNIA, COUNTY OF SAN LUIS OBISPO. SS. I, Archibald McAlister, mayor of the city of San Luis Obispo, do hereby certify that said city is, and at all of the times herein mentioned was, a city containing a population of more than thirty-five hundred inhabitants governed by a charter framed for its own government by a board of fifteen free- holders, who were elected for that purpose, and which charter was duly ratified by the electors of said city and thereafter duly approved by the legislature of the State of California, as hereinbefore set forth: I further certify that the above and foregoing amendment to said charter of said city of San Luis Obispo, was proposed by the council of said city and after due and regular publi- cation of such proposal was submitted by said council to the qualified electors of said city at a special election duly and regularly called and held in said city on the 18th day of March, 1913, and at said election said proposal or amendment as here- inabove set forth was ratified by a majority of the electors of said city, voting thereon, and thereat and said proposal or amendment was upon the canvass of the votes thereon made by the council of said city on the 19th day of March, 1913, duly declared by said council to have been ratified by the electors of said city. In witness whereof I have hereunto set my hand and affixed the seal of said city of San Luis Obispo this 25th day of March, 1913. ARCI3IBALD _IIcALISTER, Mayor of the City of San Luis Obispo. �SEAL] Attest: CARRIE G. MILES, City Clerk. WHEREAS, Said amendment was ratified as hereinbefore set forth has been duly presented and submitted to the legislature of the State of California, for approval or rejection without power of alteration or amendment in accordance with said section 8 of article XI of the Constitution of the State of California; now, therefore, be it Resolved by the assembly of the State of California, the senate concurring therein (a majority of all members elected to each house voting for the adoption of this resolution and concurring therein), that the said amendment to the said charter of the city of San Luis Obispo hereinbefore set forth as presented and submitted to, and adopted and ratified by the qualified electors of said city, be and the same is hereby ap- proved as a whole for, and as an amendment to, the said charter of said city of San Luis Obispo. Attest: ----------------------------------------- Speaker of the Assembly. ----------------------------------------- President of the Senate. ----------------------------------------- Secretary of State.