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1949 CHARTER NOT ADOPTED
l P, L01 Tro- for the government of the City of San Luis Obispo CALIFORNIA To be submitted to the qualified electors of the City of San Luis Obispo for their ratification and adoption at a special municipal election to be held on Monday, the 21st day of November, 1949. PROPOSED CHARTER for the Government of the CITY OF SAN LUIS OBISPO CALIFORNIA The following is the Proposed Charter of the City of San Luis Obispo, California, to be submitted to the quali- fied electors of the City of San Luis Obispo for their ratification and adoption at a special municipal election to be held on Monday, the 21st day of November, 1949: CITY CHARTER OF THE CITY'. OF SAN LUIS OBISPO We, the people of the City of San Luis Obispo, State of Cali- fornia, do ordain and establish this Charter, as the organic law of said City, under the Constitution of the State of California. PROPOSED CHARTER OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA Article I NAME OF CITY Section 100. NAME. The Muni- cipal corporation now existing and known as "The City of San Luis Obispo' shall remain and continue a body politic and corporate, as at present, in fact and in law, and by such name shall have per- petual succession. Article H BOUNDARIES Section 200. BOUNDARIES. The boundaries of the City of San Luis Obispo shall continue as now established until changed in some manner authorized by law. Article III RIGHTS AND LIABILITIES Section 300. 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 said municipality, and is hereby declared to be the successor of the same. It shall be subject to all liabilities that now exist against this municipality. Article IV POWERS OF CITY Section 400. POWERS OF CITY. The City of San Luis Obispo shall have the power to make and en- force all laws and regulations in respect to municipal affairs, sub- ject only to such restrictions and limitations as may be provided in this Charter and in the Constitu- tion of the State of California. It shall also have the power to exer- cise any and all rights, powers and privileges heretofore or here- after established, granted or pre- scribed by any law of the State, by this Charter, or by other law- ful authority, or which a municipal corporation might or could exer- cise under the Constitution of the State of California. The enumera- tion in this Charter of any par- ticular power shall not be held to be exclusive of or any limitation upon this general grant of power. Section 401. PROCEDURES. The City shall have the power and may act pursuant to procedure established by any law of the State, unless a different procedure is established by ordinance. Article V ELECTIONS Section 500. GENERAL MUNI- CIPAL ELECTIONS. General municipal elections to fill elective offices shall be held in said City on the second Tuesday in April in each odd numbered year be- ginning with the year 1951; pro- vided that the members of the Council of the City of San Luis Obispo, consisting of the Mayor and four councilmen, in office at the time this Charter is approved by the State Legislature shall con- tinue in office until the expiration Proposed Charter of the City of San Luis Obispo of the terms to which the men bers thereof were individual] elected or appointed, and unt their successors are elected ar. qualified. Section 501. SPECIAL MUN. CIPAL ELECTIONS. S p e c i a municipal elections may be held b authority of this Charter or b the authority of any law of th State of California during th period this Charter shall be i effect. Section 502. PROCEDURE FOi HOLDING ELECTIONS. All elec tions held under this Charter shal be held and conducted in accord ante with the provisions of th Elections Code of the State o California as the same now exist or may hereafter be amended, fo the holding of elections in citie of the Sixth Class unless suci provisions are in conflict with th, provisions of this Charter or un less an ordinance providing fo: the manner of holding and con ducting elections is adopted by th( City Council. Section 503. INITIATIVE, REF. ERENDUM AND RECALL. The Provisions of the EIections Code of the State of California, as the same now exists or may hereafter be amended governing the initia. tive, referendum and recall of municipal officers, shall apply tc the use thereof in this City in so far as the provisions of the elections code are not in conflict with this Charter. Section 504. ELEGIBILITY FOR OFFICE. No person shall be eligible for election to, or to hold, any elective office of said City unless he shall have been a resi- dent and an elector thereof or of territory legally annexed thereto, on or prior to the date of such election or appointment, for at least three years next preceding his election thereto, or his appoint- ment to fill a vacancy therein. Section 505. ELECTION AND TERMS OF COUNCILMEN. At the first general muncicipal elec- tion held under this Charter in April of 1951 three members shall be elected to the Council, and thereafter two or three members shall be elected alternately at each succeeding biennial election. The term of each elected member shall commence on the first Monday in May at twelve o'clock noon, fol- lowing the day of election, and each member shall serve for a term of four years,- and until his successor is elected and qualified. Any ties in voting shall be settled by the casting of lots. Section 506. MAYOR TERIiI OF OFFICE. The M shall be elected by and from Council by a vote of three more members for a term of years from and after the Monday in May at twelve o'c noon, following the day of elect and shall serve until his succe is elected and qualified. A vaca in the position of Mayor shall filled for the unexpired term the Council from among its m bers by a vote of three or Df its members. Article VI AND ayor the or two first lock ion, ssor ncy be by em - more Legislative Department: THE COUNCIL, POWERS AND DUTIES. Section 600. LEGISLA- CIVE POWER. The legislative ,)ower of the City of San Luis 3bispo shall be vested in the )eople through the initiative and •eferendum, and in the Council. Section 601. MEETINGS. The `ouncil shall meet in the Council `hambers in regular session on he first day of May following heir election, at twelve o'clock Loon, and shall organize as herein equired. Thereafter the Council hall meet at such times and ,laces as have been or may be rescribed by ordinance or resolu- ion, except that it shall meet egularly at least once each Zonth. All meetings shall be open o the public. Special meetings -lay be called by the Mayor, or y a quorum of the Council, but otice of every such meeting must e served personally upon every iember not joining in the call, nd upon the City Manager, or It at the place of residence or of usiness of such person to be so �rved, not less than three hours efore the time of such special Leeting. Such notice must state ie time of such meeting. All teetings of the Council and all cords thereof shall be open to ie public, and no citizen shall be mied the right personally, or trough counsel, to present a nevance, or offer suggestions for ie betterment of municipal af- drs. Proposed Charter of the City of San Luis Obispo Section 602. QUORUM. Three members of the Council shall con- stitute a quorum, but a less num- ber may adjourn from time to time. No franchise shall be grant- ed, ordinance passed, budget adopted, supplemented or amend- ed, appropriation made, or pay- ment of money ordered unless three members of the Council con- cur in said action. Section 603. GENERAL POWERS OF THE COUNCIL. Subject to the provisions and re- strictions in this Charter con- tained, and the delegation by this Charter of any powers to any per- son, officer, board, or commission, which delegation of power, if any, shall control, the Council shall have the power, in the name of the City, to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and which are not specifically for- bidden by the Constitution of the State of California, or which now or hereafter it would be competent for this Charter to specifically enumerate. No enumeration or specific statement herein of any particular powers shall be held to be exclusive of, or a limitation of, the foregoing general grant of powers. Section 604. BOARD OF EQUALIZATION. The City Coun- cil shall meet at its usual meeting place as a Board of Equalization on a date to be set by the Council and published in the official news- paper, as required by general law, and shall continue in session by adjournment from day to day until all returns of the Assessor have been rectified and assess- ments equalized. Section 605. CERTAIN POWERS AND DUTIES ENUMERATED. The Council shall: (1) Have all the powers of a council under the laws of the State of California, ex- cept as otherwise provided herein. (2) Provided in the annual budget for a sum of one thousand dollars as an ex- pense account for the ex- clusive use of the Mayor in his official capacity. (3) Appoint a City Manager, a Police Judge, a City At- torney, a City Clerk, a Library Board, a Planning Commission, and a Recrea- tion Commission. Section 606. ORDINANCES. The enacting clause of every ordinance passed by the Council shall be: "Be it ordained by the Council of the City of San Luis Obispo." The enacting clause of every ordinance initiated by the people shall be: "Be it ordained by the People of the City of San Luis Obispo." At least five days must elapse be- tween the introduction and the final pasage of any ordinance; provided, that amendments ger- mane to the subject of any pro- posed ordinance may be made when it is brought up for final passage; provided, any ordinance declared by the Council to be necessary as an emergency meas- ure for preserving the public peace, health or safety and con- taining the reasons for its urgency, may be introduced and passed at one and the same meet- ing, regular or special, and, if passed by a four-fifths vote, shall become effective immediately upon publication. A final vote on any ordinance, or any vote on any appropriation must be taken only at a regular or adjourned regular meeting. Every ordinance must be signed by the Mayor, attested by the Clerk, and at the discretion of the City Council, published once in the official newspaper within fifteen days of its passage, or posted in three public places, together with a single publication in the official newspaper stating the title of the ordinance, its date of adoption, its date of taking effect, and a list of places where copies of the ordinance have been posted. Section 607. WHEN ORDI- NANCES GO INTO EFFECT. Except as otherwise provided in this Charter, every ordinance and every measure passed by the Council granting any franchise or privilege, shall go into effect at the expiration of thirty days after its final passage, unless otherwise provided in said ordinance or measure; provided, however, that no such ordinance or measure shall go into effect in less than thirty days from its final passage. But ordinances declared by the Council to be necessary as emergency measures, as hereinbefore provid- ed, ordinances ordering or other- Proposed Charter of the City of San Luis Obispo wise relating to elections, ordin• ances relating to public improve. ments, the cost of which is to be borne wholly or in part by specia. assessments, and taxing ordin. ances, may go into effect at the will of the Council. Section 608. AMENDING ORDI• NANCES. No ordinance shall be amended by reference to its title but the sections thereof to be amended shall be re-enacted al length as amended; and any amendments passed contrary tc the provisions of this section shall be void. Section 609. ._CODIFICATION OF ORDINANCES. The Council shall provide for the codification of all ordinances which have been enacted and published and which have not been repealed. This codi- fication need not be published as a whole, but certain portions deal- ing with the construction of build- ings, plumbing, wiring, sanitation, and other subjects which require extensive regulations, should be made available in convenient form for distribution to those who apply for copies. All code provisions may be adopted by the Council by reference, by an ordinance pre- pared for such purpose, and three copies shall be available in the office of the City Clerk for the use and examination of the public. Subsequent amendments to sec- tions of the code shall be enacted in the same manner as required for amendment of ordinances here- in. Section 610. NEWSPAPER AD- VERTISING AND PRINTING. The Council shall advertise annu- ally for the submission of sealed proposals or bids from daily news- papers of general circulation printed and published in the City, for the publication of all ordi- nances and other legal notices and matters required to be published. A contract shall be awarded to the responsible bidder submitting the lowest bid on the basis of the bonafide subscription list of pay- ing subscribers of said publication within the city limits of said city. The newspaper to which such con- tract is awarded shall be known and designated as the "official newspaper." The rates for publish- ing public notices shall not exceed the customary rates charged for Publishing legal notices of a pri- vate character. Failure of the Council to designate an official newspaper shall not invalidate any publication, where the same is otherwise in conformity to law or this Charter. Section 611. VIOLATION OF ORDINANCES. The violation of any ordinance adopted and pub- lished by the City Council shall constitute a misdemeanor and may be prosecuted or may be redressed in the manner provided by the general law of the State. Section 612. PUBLIC WORK AND SUPPLIES. (1) All contracts shall be drawn under the supervision of the City Atorney. All contracts must be in writing, executed in the name of the City, by an officer or officers author- ized to sign the same, and must be countersigned by the Controller, who shall number and register the same in a book kept for that purpose. (2) Progressive Payment of Contracts. Any contract may provide for progressive payments if in' the ordi- nance or resolution author- izing or ordering the work permission is given for such payment. But no progres- sive payments may be pro- vided for or made at any time which, with prior pay- ments, if there have been such, shall exceed in amount at any time seventy- five per cent of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit the payment of more than seventy-five per cent of the contract price before the completion and accept- ance of the work. (3) Public Work To Be Done By Contract. In the erection, improvement and repair of all public buildings and works, in all street and sewer work, done under and by authority of the laws of the State creating a bonded indebtedness, and in furn- ishing any supplies or materials for the same, or for any other use by the City, when the expenditure I Proposed Charter of the City of San Luis Obispo required for the same ex- ceeds the sum of five hundred dollars but does not exceed two thousand dollars, three informal bids are required, when over two thousand dollars f o r m a l bids are required and the contract shall be let to the lowest responsible bidder, after notice by publication in the official newspaper by two insertions, the first of which shall be at least ten days before the time for opening bids; provided, how- ever, the Council may by a three-fifths vote reject any and all bids, if deemed excessive, and readvertise for bids, or provide for the work to be done or supplies or materials purchased under the direction of the City Manager, provided the total cost submitted by the City Manager shall not ex- ceed the lowest acceptable bid submitted. In case no bid is received, the Council may likewise provide for the work to be done or supplies or materials pur- chased under the direction of the City Manager. When the estimate of the cost of said work by the Superin- tendent of Public Works shows that said work can be done for an equal or less cost than that of the lowest bid, then any of the work herein mentioned may be done by the Department of Public Works, and the said department shall be deemed the contractor, with the right to enforce all liens, and with the same powers, rights, duties, and obligations as are made and provided by the laws of the State for contractors who have entered into contracts to do such work as the lowest responsible bidder. (4) Illegal Contracts No officer or employee of the City shall be or become directly or indirectly inter- ested in any contract, work, or business, or in the sale of any article, the expense, price, or consideration of which is payable from the City treasury, nor shall he receive any gratuity or ad- vantage from any contrac- tor or person furnishing labor or materials for the same. No officer or em- ployee of the City shall aid or assist a bidder in secur- ing a contract to furnish labor, material, or other supplies at a higher price or rate than that proposed by any other bidder, or favor one bidder over another, or give or withhold informa- tion from any bidder, not given or withheld from all other bidders, or willfully mislead any bidder in re- gard to the character of the materials or supplies called for, or knowingly accept materials or supplies of a quality inferior to that called for by the contract, or knowingly certify to a greater amount of labor performed or material or supplies furnished than has, respectively, b e e n per- formed or received. Any of- ficer or employee violating any of the provisions of this section shall be guilty of a misdemeO.nor and shall for- feit his office or employ- ment on order of the Coun- cil or court of competent jurisdiction. If at any time it shall be found that any person, firm, or corpora- tion to whom a contract has been awarded by the City has, in presenting any bid, colluded with any other party or parties, then the contract so awarded shall, if the Council so elect, be null and void and the con- tractor and his bondsman shall be liable to the City for all loss and damage which the City may suffer thereby. In such event the Council may advertise anew for bids for said work or supplies. (5) Preference To Citizens of the City. (a) When laborers, work- men or mechanics are employed upon any pub- lic work, whether so employed directly by the City and its of- ficers, or by contractors or subcontractors, or by any other person or persons, such laborers, workmen or mechanics whenever practical must be qualified residents of the City for at least ninety days, and veter- Proposed Charter of the City of San Luis Obispo ans and married me: must be given prefer ence, qualif i c a t i o n being equal. (b) W h e n making pur chases for any depart ment of the City, loca merchants shall b given the preference quality and price beini commensurate. Section 613. CONTRACT FOI PERFORMANCE OF ADMINI STRATIVE FUNCTIONS. Th, City Council, upon the writtei recommendation of the City Man ager, may contract with the gov. erning body or administrativ( agency of any other city, of county within this State, or witl any State department or other agency for the preparation of conducting of competitive exami- nations for positions in the City service or for the performance of any other personnel administrative service. The City Council may con- tract with the County of San Luis Obispo, or any other public health organization, for the performance of any or all functions in con- nection with public health matters. Section 614. SALE OR LEASE OF CITY PROPERTY. No sale of real estate shall be authorized by the Council except by ordinance passed by the affirmative vote of three-fifths of all the members and no lease of any city property shall be made for a period longer than five years, except by ordi- nance adopted by a three-fifths vote of the Council. Section 615. VACANCIES IN THE COUNCIL. Any member of the Council who is absent from all meetings thereof for two consecu- tive months, unless excused by the Council, shall forfeit his office. Any vacancies occurring in the Council shall be filled by a per- son appointed by a three-fifths vote of the Council. Said person appointed shall serve for the re- mainder of the unexpired term of the vacating councilman and until his successor is elected and quali- fied. Section 616. OFFICIAL BONDS. The Council shall, by ordinance, determine what officers and other persons in the service of the City shall give bond for the faithful performance of their duties, and shall fix the amounts of such bonds and each of such officers and other persons shall before enter- ing upon the duties of his office or employment, execute a bond to tLe City in the penal sum pro- vided by such ordinance, includ- ing in the same bond the duties of all offices of which he is made, by this Charter or otherwise, ex officio incumbent. Such bonds must be examined and approved by the Council. All bonds when ap- proved shall be filed with the Con- troller or City Clerk, except the Controller's bond, if any, which shall be filed with the Treasurer. All the provisions of any law of this State relating to the official bonds of officers as then existing shall apply to such bonds, except as herein otherwise provided. In all cases where surety company bonds are approved by the Coun- cil, the premium therefor shall be paid by the City. Section 617. OATH OF OFFICE. Every officer of the City, before entering upon the duties of his office, shall take and file with the Clerk the constitutional oath of office, except that the oath of the Clerk shall be filed with the Treasurer. The oath or affirmation shall read: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, the Constitution of the State of California, and that I will faith- fully discharge the duties of the )ffice of -- under he Charter and Ordinances of the ,ity of San Luis Obispo to the )est of my ability." Section 618. RECORDS. The ;ity Clerk, or his deputy, shall :eep, under the direction of the ;ouncil, a full and true record in L book, of all proceedings of the "ouncil, and of the Board of Cqualization. He shall keep a look, marked "Ordinances," in vhich he shall copy all ordinances, vith his certificated annexed to ;aid copy, stating that it is a full tnd true record thereof, and that ;uch ordinance has been duly pub- ished or posted. Said record copy, vith such certificate, shall be prima facie evidence of the con- Eents of such ordinances and of the passage and publication there- of. He shall also keep an index to the minutes of the Council and to said ordinance book. The Clerk shall be the custodian of the City Seal and shall affix the same to all official certificates made by him and to other papers when directed by the Council to attest or Proposed Charter of the City of San Luis Obispo execute the same. He shall have power to administer oaths and af- firmations, to take affidavits, and to certify the same. He shall have such other powers and perform such other duties as may be pro- vided by this Charter, or by ordinance or resolution. Section 619. EXXINIINATION RECORDS. The Council shall em- ploy, at the beginning of each fiscal year, a public accountant competent in municipal accounting who shall from time to time, with- out notice, examine the books, records, inventories, and reports of the Controller or City Clerk, and of all other officers and em- ployees who receive or disburse City money, and of such other of- ficers and departments as the Council may direct. The final re- port at the end of the fiscal year shall be made in quadruplicate and one each thereof shall be filed with the Controller, Council, City Manager and City Attorney. Any officer, clerk or employee whc shall , refuse to give all requires assistance and information to suet accountant or submit to him fol examination such books, paper; and records of his office as may be required, shall forfeit his office by order of the Council or court o1 competent jurisdiction. Section 620. ANNUAL REPORT The Council shall cause to be pre pared and issued an annual repor of the financial and administrativ4 operations of the City at the close of each fiscal year. Sufficien copies of this report shall be avail able at the office of the City Clerl for distribution to those who ma; apply for them. Article VII OFFICERS, DEPUTIES AND EM PLOYEES ELECTION, AP- POINTMENT, AND COM- PENSATION Section 700. ELECTIVE OF FICERS. The elective officers o. the City of San Luis Obispo shal be five members of the Cit, Council and five members of th( Board of Education of the Sar Luis Obispo High School District who shall serve terms of foul years. Section 701. APPOINTIVE OF• FICERS. The City Council shall appoint the City Manager, the members of the Library Board, the Planning Commission, the Recrea- tion Commission, the Police Judge, :he City Attorney, and the City clerk. The City Manager shall ap- point, with the approval of the City Council, and subject to serve at his pleasure, a Controller, Asses- sor, Treasurer, Collector, Superin- tendent of Public Works, Police Chief, Fire Chief, Health Officer, unless otherwise provided, heads of all other departments created hereafter by ordinance of the Council, and such other officers and employees under his admini- strative jurisdiction. Section 702. REMOVAL OF OF- FICERS AND E31PLOYEES. Every person holding a position in the service of the City shall be subject to suspension, demotion, or removal from office or employ- ment by the Officer, Council, Board or Commission appointing such person, for misconduct, in- competency, inefficiency, failure to perform the duties or to ob- serve the rules and regulations of such department, office, board, or commission, or for f a 11 u r e to cooperate reasonably with the City Manager, the department head, or with his fellow employees., Where the appointment of any of said officers is vested in the Coun- cil, such appointments and any removal must be made by a three- fifths vote of the membership of the Council. Only the action of the City Council in suspending or removing an officer or employee shall be final and conclusive. Section 703. COMPENSATION. The Library Trustees, boards and commissions, shall serve without compensation. The Mayor and members of the City Council shall receive the sum of fifty dollars per month. The compensation of all appointive officers and em- ployees of the City, except of- ficials and members of boards, commissions and committees serv- ing gratuitously, shall be fixed or changed by the annual appro- priation ordinance adopted by three-fifths vote of the Council, and, except the office of the City Manager, upon the recommenda- tion of the City Manager only. No officer or employee shall be allowed any fee, perquisite, emolu- ment or stipend, in addition to, or save as embraced in, the salary or compensation fixed for such of- fice by the Council, and all fees re- ceived by such officer in connec- tion with his official duties shall be paid by him into the City Treasury. Proposed Charter of the City of San Luis Obispo Section 704. CLASSMCATIO AND STANDARDIZATION. Tl Council shall by ordinance or res lution, with the cooperation az assistance of the City Manage provide for a systematic classic cation of positions and a standar ization of salaries of all paid al pointive officers and employees < the City. Section 705. DISABILITY O COUNCILMEN... No councilma shall be eligible during the tern for which he was appointed o elected or within six months there after, to hold any other office or employment with the City, ex cept as a member of any board commission or committee thereof of which is constituted such mem ber by general law or by thi: Charter. Article VIII CITY MANAGER Section 800. QUALIFICATIONS. The City Manager shall be the chief executive and administra- tive head of the city govern- ment. He shall be chosen by the City Council without regard to political consideration and solely with reference to his executive and administrative qualifications. No one shall be eligible for appoint- ment thereto who has not: (a) served as City Man- ager, or (b) as an assistant or deputy thereof for at least one year, or (c) had at least three years' experience in a respons- ible executive position. He need not be a resi- dent of the State of California or the City of San Luis Obispo at the time of his appoint- ment, but promptly thereafter he shall be- come and thereafter re- main, during his in- cumbency, an actual resident of the city. Section 801. ELIGIBILITY OF COUNCILMEN. No member of the City Council shall, -during the time for which he was elected oz appointed, or for one year there- after, be eligible to hold the posi- tion of City Manager. Section 802. TERM. The City Manager shall be appointed foz an indefinite term, but shall be removable by resolution at the pleasure of the Council, only by a three-fifths vote thereof. Before he may be removed he shall, if he shall so demand, be given the right to be heard publicly at a meeting of the Council prior to the final vote on the resolution providing for his removal, but pending and during such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final and conclusive. Upon any vacancy occuring in the office of the City Manager subsequent to the first appointment hereunder, the Coun- ;il shall, at its next meeting there- ifter, adopt a resolution of its ntention to appoint a City Man- tger, which resolution shall be )ublished once in the official news- iaper of said City, and no such ,ppointment shall be made until ,t least four weeks shall have lapsed after such publication and lust be made within sixty days ! ereafter. This provision, how - ver, shall not affect the appoint- ient of a City Manager pro tem s herein provided. Section 803. BOND. Before ztering upon his duties, the City .anager shall file with the City Jerk an official bond for the faith- il performance thereof, payable the City in the sum of five tousand dollars, the premium of hich shall be paid by the City. aid bond shall be to the satis- Lction of the Council and the ap- roval of the Controller shall be idorsed thereon. Section 804. SALARY. The City tanager shall be paid a salary I'mmensurate with his duties and esponsibilities as the chief execu- �ve of the City. Section 805. POWERS AND IUTIES. The powers and duties f the City Manager shall be: (1) To see that all ordinances are enforced. (2) To appoint, with the ap- proval of the Council, except as otherwise provided in this Charter, all heads of departments and other city officers and employees, and remove the same at pleas- ure, and to have general supervision and control over the same. All of such ap- pointments shall be made upon merit and fitness alone. Proposed Charter of the City of San Luis Obispo (3) To exercise general super- vision over all privately owned public utilities op- erated within the City so far as the same are subject to municipal control. (4) To see that the provisions of all franchises, leases, con- tracts, permits and privi- leges, granted by the City, are fully observed, and to report to the Council any violation thereof. (5) To attend all meetings of the Council unless excused therefrom by the Council. (6) To act as an ex officio mem- ber of all boards and com- missions. (7) To act as purchasing agent for all departments of the City; provided, however, that he may designate some officer or employee of the City to act as assistant purchasing agent, and to perform the duties of the purchasing agent. All pur- chases shall be made by requisition signed by the City Manager. (8) To examine or cause to be examined, without notice, the official conduct of any officer, assistant, deputy, clerk, or employee in any of the departments of the city government, except of the Council. (9) To keep the Council advised as to the needs of the City. (10) To prepare and submit to the Council the annual budget estimate and such reports as may be required by that body, including the annual report of all the de- partments of the City. (11) To prepare, or cause to be prepared, plans and specifi- cations for work which the Council may order, coming under his supervision; and to provide such plans and specifications in sufficient number and in ample time to give full opportunity for all contractors who desire to bid thereon to do so. (12) To have control of all public utilities owned or operated by the City. (13) To have general supervision over all City property and its use by the public or City employees. (14) To make such recommen- dations to the Council or Board of Equalization re- garding the annual assess- ment roll as he may deem advisable. (15) To act as Personnel Officer of the City, if a Personnel Board has not been created by the City Council as pro- vided in this Charter. (16) To devote his entire time to the discharge of his of- ficial duties. (17) To appoint such advisory boards as he may deem desirable to advise or assist him in his work, provided the members of such boards shall receive no compensa- tion. (18) To perform such other duties as may be required by this Charter, or as the Council may require of him. (19) From time to time, in order to facilitate the prompt, economical and efficient dispatch of city business, to organize the work of the de- partment under his control, to assign assistants, depu- ties, and employees from any office or department of the City government to per- form such work or service in connection with any other office or department there- of, or to work in more than one of said offices or de- partments; provided that no such change shall affect the powers of duties of any elective officer of the City. Section 806. SEATS AT COUN- CIL MEETINGS. The City Man- ager and such other officers of the City as may be designated by vote of the Council shall be en- titled to seats with the Council, but shall have no vote therein. The City Manager shall have the right to take part in the discus- sion of all matters coming before the Council. Section 807. CITY MANAGER PRO TEM. In case of the absence of the City Manager, or his tem- porary disability to act as such, the Council shall appoint a City Manager pro tem who shall po- sess the powers and discharge the 10 Proposed Charter of the City of San Luis Obispo duties of the City Manager during such absence or disability only; provided, however, that a City Manager pro tem shall have nc authority to appoint or remove and City officer or employee ex- cept with the four-fifths vote of the council. Section 808. A S S I S T A N Z CITY MANAGER. The City Coun- cil may provide for the appoint- ment of an Assistant City Mana- ger. In such case he shall be ap- pointed by the City Manager and be under his supervision and di- rection. Section 809. COUNCIiL INTER- FERENCE IN ADMINISTRA- TION. No member of the Council shall in any manner, directly or indirectly, by suggestion or other- wise, attempt to coerce the City Manager in the making of any ap- pointment or removal, or the pur- chase of supplies, or attempt to exact any promise relative to any appointment from any candidate .for City Manager, or discuss, di- rectly or indirectly, with any such candidate, the matter of appoint- ments to any City office or em- ployments. Any violation of the foregoing provisions of this section shall constitute a misdemeanor and shall work a forfeiture of the office of the offending member of the Council, who may be re- moved therefrom by the Council. of by any court of competent jur- isdiction. Neither the City Man- ager nor any person in the employ of the City shall take part in securing, or shall contribute any money toward the nomination or election of any candidate for a municipal office. Section 810. INELIGIBLE PER- SONS. No person related to the City Manager by consanguinity or affinity within the third degree shall hold any appointive office or employment with the City. Article IX DUTIES OF OFFICERS Section 900. MAYOR. The Mayor shall be the presiding offi- cer of the City Council and shall have a voice and vote in all it: proceedings but shall not have the power to veto any action of the Council. He shall be the officia' head of the City for all ceremonial purposes. He shall sign all offic• ial documents when the signature of the Council or Mayor is re- quired by law. He shall have the power to administer oaths am affirmations. He shall perform all other powers granted in this Charter and the laws of the State of California, not herein modified or directly authorized in the office of City Manager. The City Council shall designate one of its members Mayor pro tempore during his absence, but shall fill any vacancy in the office for the unexpired re- mainder of the regular term of the Mayor. Section 901. CITY CLERK. The City Clerk- shall be appointed by the City Council as Clerk of the Council and shall serve at the pleasure of the Council. He shall attend all meetings of the Council and shall keep a full and correct record of the proceedings of that body. He shall keep one book con- taining the minutes of the Coun- cil, and another containing the correct transcription of all ordi- nances and resolutions passed by the Council, and a record that each has been published as re- quired by law. He shall conduct all correspondence for the Council 3,nd its committees. He shall be the custodian of the official seal )f the City and shall be the sole official to affix this authentica- tion to official documents of the amity. He shall administer oaths ind affirmations, take affidavits ind depositions pertaining to the iffairs of the City, and shall cer- tify copies of all official records. Eie shall be the custodian of all records, documents, books, and official papers delivered to him for safe keeping. Section 902. CITY ATTORNEY. The City Attorney shall be ap- pointed by the City Council and shall serve at the pleasure of the Council. He shall be admitted and qualified to practice before the Supreme Court of the State of California. All other things be- ing equal, an attorney who has had special training in municipal corporation law shall be appoint- ed to this office, if practicable. The City Attorney shall be legal advisor of the Council, and all other city officials, boards, and departments, and when requested in writing for a legal opinion by any city official or the head of any department of the City con- cerning City business, his opin- ion must be given in writing. He shall receive a salary commensur- ate with his duties and responsi- bilities and in addition thereto such reasonable fees as the Coun- cil may allow for suits and pro- Proposed Charter of the City of San Luis Obispo ceedings before any Court, board, officers, or commission when con- ducting special proceedings on be- half of the City. He shall prose- cute all violations of City ordi- nances and shall draft all ordi- nances, resolutions, contracts, and other legal documents and in- struments required by the Coun- cil or City Manager. Setion 905. APPROVAL OF BONDS AND CONTRACTS. The City Attorney shall approve as to form all official and other bonds given to or for the benefit of said City, and no contract shall be- come enforceable as against said City without the endorsement thereon of such approval. Section 904. ATTENDANCE AT COUNCIL MEETINGS. The City Attorney shall perform such other legal services as the Coun- cil may direct and shall attend all meetings of the Council unless excused therefrom by the Coun- cil. Section 905. INABILITY TO ACT. When from any cause the City Attorney is unable to per- form the duties of his office, he may, with the conduct of the City Council, appoint some other quali- fied attorney temporarily to act in his place, and whenever, in the judgment of the Council, the in- terests of the City require it, it may, upon recommendation of the City Manager, employ assistant. counsel Setion 906. RECORDS. The City Attorney shall deliver all books, records, papers, documents, and personal property of every de- scription owned by the City, to his successor in office, and the City shall provide a means of safeguarding the same. Section 907. ADDITIONAL POWERS AND DUTIES. The City Attorney shall possess such other powers, and perform such additional duties, not in conflict with this Charter, as may be pre- scribed by ordinance, or imposed upon the chief legal officer of municipalities by law. Section 908. ASSESSOR. If a contract with the County for assessing property for municipal purposes has not been entered into as provided herein, then the Asses- sor shall be appointed as provided by this Charter. He shall make assessments of property as pro- vided by State law, by this Char - 11 ter, or by ordinance. He shall be the custodian of all assessment books, maps, plats, and all other records and property appertaining to his office. The City Assessor shall have power to, take affi- davits and administer oaths in all matters relating to the assessment of property. Section 909. CONTROLLER. The Council may by ordinance com- bine the offices of City Clerk and Controller, but if not so combined then the Controller shall be ap- pointed as provided by this Char- ter. He shall be the general ac- countant of the City. He shall establish a uniform system of ac- counts and bookkeeping for the City and all its offices, depart- ments and boards thereof. He shall receive and preserve in his office all accounts, books, vouch- ers, documents and papers relating to accounts and contracts of the City, its disbursements, revenues, and other financial affairs. He shall keep an account of all moneys paid into or out of the Treasury, and shall draw and sign all warrants on the Treasurer for payment of money out of the Treasury, except as otherwise pro- vided in this Charter, by ordi- nance, or by general law. He shall submit a monthly statement of all receipts and disbursements to the City Council through the City Manager, in sufficient detail to show the exact financial condi- tion of the City; and at the end of the fiscal year, submit a com- plete financial statement and re- port. All orders for the purchase of goods, materials and supplies, and all orders or contracts pro- posed to be entered into by the City by virtue of which any money shall or may become pay- able by the City, except contracts the expense of which is to be paid by assessments upon properties benefitted or affected thereby, shall before becoming effective on behalf of the City, be presented to the Controller and have en- dorsed thereon his certificate that there remains unexpended and un- applied in the City Treasury as provided by this Charter, a bal- ance of the appropriation or fund applicable thereto sufficient to pay the estimated expense to be in- curred during the then current fis- cal year under said order or con- tract as estimated by the Board or officer making the same or that adequate provision therefor has been made in the tax levy, or by other revenues 'to be received 12 Proposed Charter of the City of San Luis Obispo by the City as estimateed in the budget. It shall be the duty of the Controller to make such en- dorsement upon every such con- tract or order so presented to him, if there remains unexpended and unapplied the said estimated amount in any appropriation, fund, or tax levy, or other estimated revenue applicable thereto, and thereafter he shall hold and retain the same amount to pay the ex- pense to be incurred under said order or contract until the same is fully performed and expense paid. Section 910. TREASURER. The City Treasurer shall be appointed as provided by this Charter. He shall receive and safely keep and pay out as directed in this Char- ter all moneys belonging to the City and all moneys received by or coming into the hands of an officer, board, department or em- ployee of the City, and shall keep an exact account of receipts and disbursements. He shall submit written monthly reports to the Controller showing all receipts, disbursements, and fund balances. Copies of these reports shall be filed with the City Manager. Section 911. COLLECTOR. The Treasurer shall be ex -officio Col- lector of taxes and licenses. He shall receive and collect all city taxes, city licenses, water rates, and all other classes of City Rev- enue not otherwise provided in this Charter. Section 912. HEALTH OFFI- CER. If a contract with the County Health Department for its services for the City is not enter- ed into as provided herein, then a Health Officer shall be appoint- ed as provided by this Charter. The Health Officer shall be a duly licensed physician under the laws of the State of California, or a person trained in public health work. He shall have all the pow- ers and be subject to all the duties conferred upon health officers and boards of health by the general laws of the State, and such other powers and duties as may be con- ferred by ordinance. Section 913. CHIEF OF PO- LICE. The Chief of Police shall be appointed as provided by this Charter. The Chief of Police shall have general command and con- trol over the police force. He shall have power, subject to the approval of the City Manager, to make rules and regulations and to appoint such police officers and other employees as may be au- thorized by the Council. Section 914. FIRE CHIEF. The Fire Chief shall be appointed as provided by this Charter. The Fire Chief shall have general con- trol over fire protection and pre- vention. He shall have power, sub- ject to the approval of the City Manager, to make rules and regu- lations and to appoint such fire- men and other subordinates as may be authorized by the Coun- cil. Section 915. SUPERINTEND- ENT OF PURL•IC WORKS. The Superintendent of Public Works shall be appointed as provided by this Charter. This office shall combine the duties usually assign- ed to a City Engineer and a Street Superintendent by a charter or by general law. He must be an en- gineer, who has practiced his pro- fession not less than five years, and registered by the State of California. All other things being equal, an engineer who has had special training or experience in municipal engineering shall be ap- pointed to this office, if practica- ble. He shall possess the same power to make surveys, plats and certificates as is given by law to city engineers and to county sur- veyors. He shall be the custodian of and shall be responsible. for all maps, plans, profiles, field notes, and other records and memoranda belonging to the City and per- taining to his office and the work thereof; all of which he shall keep in proper order and condition, with full indices thereof, and shall turn over the same to his successor, taking from him duplicate receipts therefor, one of which he shall file with the Clerk. All maps, profiles, field notes, estimates and other memoranda of surveys and other professional work made or done by him or under his direction or control during his term of office, or that he may have received from his predecessor, shall remain the property of the City. Section 916. STREET SUPER- INTENDENT EX -OFFICIO. The Superintendent of Public Works shall be ex -officio Street Superin- tendent and as such shall have the general care and supervision of streets and of the maintenance and repair thereof and the care and custody of tools and imple- ments belonging to the City and Proposed Charter of the City of San Luis Obispo used for street construction an( repair. He may employ such fore men, laborers, and other employ ees, subject to the approval of thi City Manager, as the Council mai authorize. The Street Superin tendent shall perform such duties as may be prescribed, now of hereafter, by ordinance or genera laws of the State. Nothing hereft contained shall prevent the Cita Manager himself from acting a: Superintendent of Public Work: and ex -officio City E n g i n e e r and/or Street Superintendent an( filling such offices as herein pro vided. Section 917. PUBLIC UTILI TIES. The Superintendent o: Public Works shall have charge o: the maintenance and operation u all public utilities owned and oper. ated by the City. Article X BOARDS AND COMMISSIONS Section 1000. BOARD OF ED UCATION. The control of the public schools of the San Luh Obispo School District and of the Junior High School, Senior Higl School, and Junior College situ• ated within the boundaries of the San Luis Obispo High School Dis. trict shall be vested in a Boarc of Education, which shall consist of five members nominated anc elected from the San Luis Obispc High School District at large. Section 1001. ELIGIBILITY. A person eligible to be a member of the Board of Education must have been a resident and a quali- fied elector of the San Luis Obis- po High School District for at least three years preceding the date of his election or appoint- ment. Section 1002. POZYERS AND DUTIES. The powers and duties of the Board of Education shall be such as are prescribed by the Constitution and laws of the State of California. Section 1003. ELECTION AND TERM. The members of the Board of Education shall serve for terms of four years from the fif- teenth day of May at twelve o'clock noon, or until their suc- cessors are elected and qualified. The Board of Education in office at the time this charter is approv- ed by the State Legislature shall continue in office until the expira- tion of the terms to which the members thereof were individually elected; and thereafter, at each 13 biennial election, there shall be elected members of the Board to fill the terms of the members ex- piring in that year. All vacancies in the Board of Education shall be filled by a vote of the remain- ing members of the Board for the unexpired term thereof. Section 1001. CODIPENSATION. Each member of the Board of Education shall receive five dol- lars for each regular meeting of the Board of Education which he shall attend; provided that he shall not receive more than twen- ty dollars in any one month. Section 1005. LIBRARY TRUS- TEES. The control and adminis- tration of the San Luis Obispo Public Library shall be vested in the Board of Library Trustees which shall consist of five mem- bers appointed by the City Coun- cil for four year terms. The first board to be appointed under this Charter shall be chosen three mem- bers for a four year term and two members for a two year term. Thereafter the Council shall ap- point either two or three members each two years respectively. Any vacancy in the Board shall be filled by the Council for the un- expired term. Section 1006. POWERS AND DUTIES. The powers and duties of the Library Board shall be such as are prescribed by the Consti- tution and laws of the State of California, and by ordinance of the City of San Luis Obispo, and to make and enforce such rules and regulations as may be nec- essary for the operation of the Library. Section 1007. LIBRARIAN. The Library Board shall appoint a City Librarian who shall be train- ed and experienced in library serv- ice. Section 1008. RECREATION C01% 0IISSION. There shall be a Recreation Commission consisting of five members who shall serve without compensation. The mem- bers shall be appointed by the City Council for four year terms. The first board to be aonointed under this Charter shall be cho- sen three members for a four year term and two members for a two year term. Thereafter the Coun- ;il shall appoint either three or :wo members each two years re- ;pectively. Any vacancy in the 3oard shall be filled by the Coun- ;fl for the unexpired term. 14 Proposed Charter of the City of San Luis Obispo Section 1009. PO`VERS ANI DUTIES. The Recreation Com mission shall adopt rules and regu lations for the proper conduct o its business and for the adminis tration of public recreation fo the City. The Commission shal provide, conduct, and supervis public parks, playgrounds, athletic fields, recreation centers, and oth er recreational facilities and activi ties on any of the properties ownec and controlled by the City or of other properties with the consen of the owners or authorities there of. It shall have the power tc conduct any form of recreation of cultural activity that will employ the leisure time of the people it a constructive and wholesom( manner. Section 1010. SUPERINTEND- ENT. The Recreation Commissior, shall have the power to appoint or designate with the approval of the City Council a Recreation Di- rector who shall be trained and experienced in recreation adminis- tration. Section 1011. FINANCIAL SUP- PORT. The Recreation Commis- sion shall submit an annual bud- get request to the City Manager and the City Council for support of its activities, but in addition, shall have authority to receive gifts and bequests of money or other real or personal property for the furthering of recreational or cultural facilities of the people of the City. Section 1012. REPORTS. The Recreation Commission shall make full and complete monthly and annual reports to the City Man- ager and the City Council, and such other reports as may be re- quested by these officials. Section 1013. PERSONNEL BOARD. The City Council may appoint a Personnel Board con- sisting of five members who shall serve without compensation for four year terms. A member of the Personnel Board shall not hold a public office or employment nor be a candidate for any other pub- lic office or position and -shall not be an officer of any local, state, or national partisan political club or organization. The first Board to be appointed under this Charter shall be chosen three members for a four year term and two mem- bers for a two year term. There- after the Council shall appoint either two or three members each two years respectively. Any va- cancy in the Board shall be filled by the Council for the unexpired term. Section 1014. CONTRACT PER- SONNEL SERRVICE. The City Council shall have the power to enter into a contract with the State Personnel Board, or any o t h e r governmental personnel agency, to furnish personnel serv- ices for the proper selection and management of employees of the City. The Board shall also have power to enter into contracts for limited periods of time with ex- pert, technical, or scientific serv- ice in the installation of manage- ment of a personnel system. Section 1015. RULES AND REGULATIONS. The Personnel Board shall have the power, and it shall be its duty to divide the officers and employees of the City into a classified and unclassified service, define the duties of all po- sitions in the City service, estab- lish with the approval of the Coun- cil, proper wage and salary grades for all positions, administer en- trance and promotional examina- tions or tests, and provide for rules and regulations for the con- trol and management of the per- 5onnel of the City. If the Per- 5onnel Board is not created by the council, its powers and duties ;pecified herein shall be exercised )y the City Manager. Section 1016. P O, L I T I C A L ,CTIVITY. Any employee of the `ity who is in the classified serv- ce shall not take part in any aunicipal political campaign, or in ecuring, contributing, or solicit- ag the contribution of money to- rards the nomination or election f any candidate for municipal ffice in the City. Any person ound guilty of the violation of this ection shall immediately forfeit Lis office or employment. The 'ersonnel Board, or City Manager f the Board is not created, shall Lave charge of the enforcement of he provisions of this section and he decision in any case arising .hereunder shall be final and con- ;lusive. section 1017. SALARY AND WAGE SURVEY. The Personnel Board, or the City Manager, shall once each year, make a study of salaries and wages being paid in other public and private agencies, in order to ascertain whether the salaries and wages being paid the Proposed Charter of the City of San Luis Obispo City officers and employees for similar work are comparable, and make recommendations to the City Council thereon. Section 1018. RETIREMENT, STATE SYSTEM. The City Coun- cil is empowered to enter into a contract with the Board of Ad- ministration of the California State Employee's Retirement Sys- tem, as it now exists or may hereafter be amended, making the appointed officials and employees of the City of San Luis Obispo, including the employees of the Public Library, members of the said system, and for this purpose may levy a tax sufficient to pay costs and expenses of the share which the City must contribute to maintain employee participa- tion. It is provided, however, that the City Council may terminate this contract with the Board of Administration of the State Em- ployee's Retirement System only upon authority granted by an ordinance adopted by a majority vote of the electors of the City voting on such a proposition at an election at which such proposal is presented. Section 1019. PLANNING COM- MISSION. There shall be a City Planning Commission of six mem- bers who shall serve without com- pensation for a four year term. The first Commission to be ap- pointed under this Charter shall be chosen three members for a four year term and three mem- bers for a two year term. There- after the Council shall appoint three members each two years. The ex -officio members of the Planning Commission shail be one member of the City Council elect- ed by and from that body, the City Manager, the City Attorney, the Superintendent of Public Works. Section 1020. POWERS AND DUTIES. The Planning Commis- sion shall cause to be prepared a master plan for the physical de- velopment of the City. This plan, after public hearings, shall be pre- sented to the City Council for its adoption, and subsequent amend- ment or repeal. It shall exercise all supervision and control over the establishment and planning of land subdivisions within the City or within terrtory granted to it by the laws of the State of Cal- ifornia. It shall make recommen- dations concerning all municipal public works, recreational areas, 15 :learance and rebuilding of blight- �d to substandard areas, and ex- �rcise such functions with the re- spect to zoning the areas and use Df public and private land as may be prescribed by ordinance of the City Council, and the laws of the State of California. Article XI POLICE COURT Section 1100. POLICE JUDGE. There shall be a Police Judge ap- pointed by the Council for a term of four years. If practicable, he shall be an attorney-at-law, ad- mitted to the bar of the Supreme Court of California. He shall be judge of the Police Court, which is hereby established, and which may be consolidated with the Jus- tice Court now functioning in the City of San Luis Obispo. The Police Court shall have jurisdic- tion concurrently with the Jus- tices' courts of all actions and pro- ceedings, civil and criminal, aris- ing within the corporate limits of the City and which might be tried in such Justices' courts; and said Police Court shall have exclusive jurisdiction of all actions for the recovery of any fine, penalty or forfeiture prescribed for the breach of any ordinance of said City, of all actions founded upon any obli- gation created by any ordinance thereof, and of all prosecutions for the violation of any such ordi- nance. In civil actions where the fine, penalty, or forfeiture pre- scribed for the breach of any ordi- nance of the City is over one hun- dred dollars, the defendant is, upon his demand, entitled to a jury. Except as in this section otherwise provided, the rules and practice and mode of proceeding in said Police Court shall be the same as are, or may be prescribed by law for Justices' Courts in like cases; and appeals may be taken to the Superior Court from all judgments of said Police Court in like manner and with like effect as in cases of appeals from Jus- tices' Courts. Section 1101. PGWERS OF JUDGE. The Police Judge shall have all powers and perform the duties of a magistrate and may administer and certify oaths and affirmations and take and certify acknowledgements. He shall make such periodical reports as the Council may require. Section 1102. INABILITY TO ACT. In all cases in which the Police Judge is a party, or in 16 Proposed Charter of the City of San Luis Obispo which he is interested, or when he is related to either party by con- sanguinity or affinity within the third degree, or is otherwise dis- qualified, or in case of sickness or inability to act, he, or the Mayor, if he is unable to act, may call upon any Justice of the Peace residing in the County of San Luis Obispo to act in his stead. Section 1103. JUSTICE OF THE PEACE. The Council may, by ordinance, appoint any Justice of the Peace of the township in which the City of San Luis Obispo is located, as Police Judge thereof, regardless of his residence. Section 1104. RECORDS. The Police Judge shall keep a record of the proceedings of the Police Court in all matters and cases be- fore said Court. Separate dockets shall be kept for civil and criminal cases. All records, files and other property of the Police Court under the preceding Charter of the City shall be the records, files, and property of the Police Court of said City created by this Charter. Section 1105. RECEIPTS. All finer-, fees, forfeitures and costs collected by the Police Court shall be paid into the City Treasury within forty-eight hours from, or the next working day following their receipt. Section 1106. CONTINUITY OF PROCEEDINGS. All actions and proceedings pending and unde- termined in the Police Court under the preceding Charter, shall be proceeded wfih, heard, tried and determined in said Police Court. herein established, before the Po- lice Judge thereof, as if such act- ion or proceeding had been origin- ally commenced therein. Section 1107. CLERK. The Council may create the position of Clerk of the Police Court when such position seems justified by the business of the court. The Clerk of the Court shall be em- powered to administer oaths in accordance with State law. Section 1108. JURY FEES. The City Council shall provide for the payment of fees for service on the jury of the Police Court of the City. Article XII FISCAL ADMINISTRATION Section 1200. EXPENDITURES AND INDEBTEDNESS. No mon--y shall be expended and no indebted- ness shall be incurred on behalf of the City, for any purpose, unless and until the same shall have been authorized by ordinance, resolu- tion or order of the Council, or in case of bonds, by vote of the people. Section 1201. PRESENTATION OF DEMANDS. All demands against the City shall, before be- ing paid, be presented to and ap- proved by the proper Board, Com- missioner or Officer, as herein pro- vided. Demands for which no ap- propriation has been made shall be presented to the Council; and all other demands shall be presented to the City Manager; provided, that any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the Council, and the approval of such demand by a three-fifths vote of the Council shall have the same effect as its approval by the City Manager. The Council shall provide for a petty cash fund to be paid to the City Manager and used by him for payment in cash of ex- penditures provided for in the bud- gets that cannot conveniently be paid otherwise. He shall account to the Council for all moneys paid b, him out of said fund when making demand for the replenish- mer_t of the same, and at such other times as the Council may require, and they shall thereupon be charged against the proper ap- propriations. The City Manager may be authorized to expend, or authorize the expending of, not to exceed five hundred dollars in open market purchases without advertising for bids for supplies, materials, and equipment in im- mediate demand. Section 1202. WARRANTS ON TREASURY. All demands approv- ed by the proper Board, Commis- sion or Officer shall be presented to the City Controller who shall examine the same; and if the amount thereof is legally due and there remains on his books an unexhausted balance or an ap- propriation against which the same may be charged, he shall ap- prove such demand and draw and sign his warrant on the Treasurer therefor, payable out of the pro- per fund. Objections of the Con- troller to any demand may be over -ruled by a three-fifths vote of the Council, and the Controller shall thereupon draw his warrant as directed by the Council. Such Proposed Charter of the City of San Luis Obispo warrants, when presented to the Treasurer, shall be paid by him out of the fund therein designat- ed, if there be sufficient money in such fund for that purpose. A warrant not paid for lack of funds shall be registered, and all reg- istered warrants shall be paid in the order of registration when funds are available therefor; all such registered warrants shall bear interest at the rate of four per cent per annum. The Con- troller shall draw his warrants for payment of municipal or other bonds payable out of funds in the Treasury upon presentation and surrender of the proper bonds or coupons without approval of any body or officer. The Council may make further regulations by ordi- nance regarding the presentation, approval, and payment of de- mands against the City, not in conflict herewith. Section 1203. ACTIONS AGAINST CITY. No payment shall be made from the Treasury of the City, except as otherwise provided by law or this Charter, except on demands presented and approved and warrants drawn as herein or by ordinance provided. No action shall be brought on any claim or demand for money or damages against the City or any Board, Commission or Officer thereof, un- til a demand for the same has been presented as provided in this Charter or by ordinance and re- jected in whole or in part. If rejected in part, action may be brought to recover the whole. Nor shall any action be brought upon any such demand that has been approved in whole, as herein or by ordinance provided, but noth- ing herein contained shall prevent the holder of any demand from resorting to proceedings to com- pel any Officer, Board, or Com- mission to act upon a demand or to pay a demand that has been properly allowed. Section 1204. INVENTORY OF CITY PROPERTY. At the time for preparing and submitting the budget, as prescribed in this Char- ter, a complete inventory of all personal property belonging to the City shall be prepared and filed with the City Clerk, and such in- ventory shall be submitted to the Council by the City Manager at the time of the submission of the annual budget. Such inventory shall be prepared under the di- rection of the City Manager, and all chief officials and department i 17 heads of the City shall be respon- sible for making and transmitting to the City Manager a full and correct inventory of all City per- sonal property in their possession or under their control. Section 1203. EST111IATES AND BUDGETS. The fiscal year of the City shall begin on the first day of July. On or before the first day of June of each year, the City Manager shall submit to the Council a proposed budget for the Municipal Public Utilities Depart- ment and a proposed budget for all other departments to be known as the General Budget. Said bud- gets shall include estimates for all the revenues and expenditures of the City departments for the ensuing year. These estimates shall be compiled from detailed information obtained from the sev- eral departments on blanks to be furnished by the City Manager. The classification of the estimates of expenditures shall be as nearly uniform as possible for all de- partments, and shall give the fol- lowing information. (1) A detailed estimate of the expense of conducting such department and office of the City for the ensuing fiscal year; showing the ob- jects of expenditure such as personal service, con- tractual service, materials and supplies, equipment, capital outlays, and fixed charges; and further con- solidated under funds, or- ganization units and char- acter of expenditures. (2) Expenditures for the corre- sponding items for the cur- rent year and last preced- ing fiscal year with reasons for increases and decreases recommonded as compared with appropriations for the current year. (3) The total value of supplies and materials on hand at the date of the preparation of the estimate. (4) The total amount of City debt outstanding together with a schedule of maturi- ties of bond issues by de- partments, and a statement of borrowing capacity of the city. (7) A statement of the amounts which should be appropri- ated: 18 - Proposed Charter of the City of San Luis Obispo (a) For interest on the said proposed budgets in City debt; any particular. (b) For paying off any ser- S e e t i o n 1206. APPROPRIA- ial b o n d s maturing during the year or for TIONS. After considering said sinking fund require- proposed budgets, the Council ments; shall fix a time for holding a pub- (c) For other fixed charges. lic hearing upon the same and shall publish a notice of the time amount (6) An estimate of the amount fixed for said hearing one time which should be appro ri- in the official newspaper at least ated for contingent or ten days before the time of meet - emergency purposes. ing. After said hearing the Coun- cil may further correct or modify (7) An itemization of all an- said proposed budget and shall by ticipated revenues of the resolution, concurred in by three - City from sources other fifths of the Council, adopt a than taxes, shown by de- Municipal Public Utilities Depart- partments. ment budget and a General Bud- get and authorize the tax levy to (8) An item to be known as meet the total estimates' expenses "unappropriated balance" for the fiscal year less the which sum shall be availa- amounts to be raised by bond ble for appropriation later issues and revenues collected from in the fiscal year to meet other sources. contingencies which might arise. The budget may also Section 1207. TRANSFER OF contain an item to be APPROPRIATIONS. At any known as the "cash basis meeting after the adoption of the fund" which shall be carried budget or budgets, the Council, by over to the next ensuing a vote of three members, may fiscal year following the amend or supplement such bud - fiscal year for which the get or budgets, so as to authorize budget is prepared, to meet the transfer of unused balances the cash requirements prior appriopriated for one purpose to to the receipt of taxes. another purpose, or to appropri- (9) An estimate of the amount ate available revenues not included in the annual budget. of money to be raised from taxes, the tax rate, and Section 1208. TAXATION. The bond issues which, with rev- Council shall have power by or- enue from other sources, dinance to provide a system for would be necessary to meet the assessment, levy and collec- the expenditures proposed. tion of all City taxes, which sys- (10) A long-time program of tem shall conform as nearly as proposed activities, devel- may be to the general Iaws of the opments, and improvements State, provided for the assess - listed in order of relative ment, levy and collection of county importance and specifying taxes. All taxes levied, together whether the work is to be with any penalties imposed for de - done by bond issue, by tax- linquency and the cost of collec- tion, shall constitute liens on the capital outlay fund. property assessed, and every tax upon personal property shall be (11) Such other information as a lien upon the real property of may be required by the the owner thereof. The said liens Council or as the City Man- shall attach as of the first Monday ager may deem advisable to in March of each year. submit. Section 1209. TAX LIMIT. The (12) Sufficient copies of such City Council shall not levy a pro - proposed budgets shall be perty tax in excess of eighty-five prepared and submitted that cents (85c) on each one hundred there may be copies on file dollars ($100.00) of the assessed in the office of the Clerk value of taxable property in the for the inspection of the City for municipal purposes, and public and one copy of each thirty cents (30c) for a public im- budget furnished each mem- provement and betterment fund, ber of the Council. The exclusive of special levies permit - Council shall have power ted by this Charter, unless author - to revise, correct, or modify ized by the affirmative votes of Proposed Charter of the City of San Luis Obispo two-thirds of the electors voting on the proposition at an election at which the question of such ad. ditional levy for municipal pur- pose is submitted to the electors. Section 1210. SPECIAL TAX LEVIES. Special levies of taxes in addition to the above, may be made annually, based on approved budget requirements for the fol. lowing specific purposes: public library, parks and recreation, sink- ing fund for municipal buildings, city planning, advertising, bond principal and interest, premium< for the State Employees' Retire. ment System. The proceeds of each special levy shall be used foi no other purpose than that speci• fied in the assessment ordinance Section 1211. COUNTY MAI PERFORM FISCAL FUNCTIONS The Council shall have power b3 ordinance to authorize the trans fer. to and the assumption ani discharge by officers of the Coun• ty of San Luis Obispo or to the State of California of any func. tion of the City relating to th( assessment of property for taxa- tion and equalization of sucl.. assessment, the collection of taxes levied for municipal purposes, the collection of assessments levied for municipal improvements, the sale of property for non-payment of assessments levied for municipal improvements, and the redemption of property from sales for either of said purposes, and may repeal any such ordinance. Section 1212. CASH BASIS FUND. The Council may create and maintain a revolving fund, to be known as the cash basis fund, for the purpose of placing the payment of the running expenses of the City on a cash basis. For this purpose the Council shall pro- vide that, from the money collect- ed from the annual tax levy and from money received from other sources, a sum equal to not less than two and one-half cents on each hundred dollars of the assess- es'_ value of said property shall be placed in such fund until the ac- cumulated amount thereof shall be sufficient to meet all legal de- mands against the City for the first four months or other neces- sary period of the succeeding fis- cal year. The Council shall have power to transfer from the cash basis fund to any other fund or funds such sum or sums as may be required for the purpose of placing such fund or funds, ash 13 nearly as possible, on a cash basis. It shall be the duty of the Coun- cil to provide that all money so transferred from the cash basis fund be returned before the end of the fiscal year. Section 1213. SPECIAL FUNDS. The Council may create a Capital Outlay Fund for the purpose of meeting future planned extensions or buildings. Section 1214. SPECIALTAXES AND BONDS. Whenever the Council shall determine that the public interest demands an expend. iture for municipal purposes which cannot be provided for out of the ordinary revenue of the City, it may submit to the qualified voters at a regular or special election, a proposition to provide for such expenditure, either by levying a special tax, or by issuing bonds, but no such special tax shall be levied nor any such bonds issued, unless authorized by the affirma- tive votes of two-thirds of the electors voting at such election. No bonds shall be issued to meet cur- rent expenses. The proceedings for the voting and issuing of bonds of the City shall be had in such a manner and form and un- der such conditions as shall be provided from time to time by general laws of the State of Cal- ifornia. Section 1215. LIMIT OF BOND- ED INDEBTEDNESS. The bond- ed debt of the City shall at no time exceed a total of fifteen per cent of the assessed valuation of all property taxable for City pur- poses; provided, however, that bonds issued for the acquisition, extension, betterment, or mainte- nance of municipally owned pub- lic utilities shall not be counted as a part of such limitation. Section 1216. DEBT CON- TRACT. The total amount of out- standing contracts for the pur- chase of property or equipment on a conditional sales contract or chattel mortgage basis shall not exceed an amount equal to one- half of one per cent of the assess- ed valuation of the City for gen- eral tax purposes. Section 1217. UTILITY FUNDS. Accounts shall be kept for each public utility owned or operated by the City, distinct from other :7ity accounts and in such manner is to show the true and complete 'financial results of such City own- )rship, or ownership and opera- 20 Proposed Charter of the City of San Luis Obispo tion, including all assets, liabili- ties, revenues and expenses. Such accounts shall show the actual cost to the City of each public utility owned, the cost of all extensions, additions and improvements, all expenses of maintenance, the amounts set aside for sinking fund purposes, and, in the case of City operation, all operating expenses of every description. The ac- counts shall show as nearly as pos- sible the value of any service fur- nished or rendered by any such Section 1220. BOND RETIRE - public utility by or to any other BiENT FUND. Any surplus from city or governmental department. the income of such revenue pro - The accounts shall also show a ducing public utilities remaining proper allowance for depreciation, after providing for said Deprecia- insurance and interest on the in- tion Fund and said Public Service vestment, and estimates of the Sinking Fond shall be used only amount of taxes that would be for the retirement of the bonded chargeable against the property debt issued for the public utility if privately owned. The Council producing the same, or for ex - may annually cause to be made penses of operation, maintaining, and printed for public distribution improving or bettering such pub - a report showing the financial re- lic utility. sults .of such City ownership or ownership and operation, which Section 1221. SPEGIAL DE_ report shall give the information POSIT FUND. There is hereby specified in this section, and such created a fund to be known as the other information as the Council Special Deposit Fund, wherein may deem expedient. shall be deposited all moneys re- ceived by the City or any Depart- ment, Officer, or Board thereof for the purpose of guaranteeing the payment of any costs, charges, _ or damages accruing or liable to accrue to the City from the de- positor, and all moneys deposited as bail to secure the liberation of e a person accused of a public of- fense, and all moneys required to be deposited for the purpose of indemnifying persons whose pro- perty is in danger of being dam- aged or destroyed by the opera- tion of the depositor. The money so deposited may be returned to the depositor should he become entitled to the return thereof, in such manner as the Council may, by resolution, prescribe, or, upon default being made in the pay- ment of such costs, charges or damages, or in the performance of any of such conditions, acts or things, may be declared forfeited in whole or in part or may be disposed of as the Council may direct. Section 1218. DEPRECIATION U FND. The Council shall annually set aside from the income derived by the City from its revenue pro ducin� public utilities, as a sepa- rate depreciation fund for each of said public utilities, a sum which according to the estimate of th City Manager. and approved by the Service Sinking Fund; provided, hoverer, that if, in the opinion of the Council, the total amount nec- essary for said Sinking Fund can- not conveniently be taken from the receipts of said Water Divis- ion, nothing in this section shall affect or impair their power, after so declaring, to levy such taxes as may be necessary to provide for interest and principal of such bonds. Council, shall be sufficient to meet the normal depreciation in said public utility. Such funds shall be used only for the replace- ment, betterment, and extensions of the plants and equipment of said public utilities respectively. Section 1219. PUBLIC SERV- ICB SINKING FUND. A fund to be known as the Public Service Sinking Fund is hereby created, to which fund shall be credited from the receipts of the Water Division and other public utilities, a suf- ficient amount each year to cover the total amount of payments falling due that year, for principal and interest of all bonds issued for the acquisition, improvement or extension of public utilities operated by the City. The Council shall fix from time to time the Percentage of the receipts of the Water Division required to cover the principal and interest of such bonds, and such percentages of said receipts shall be credited by the City Treasurer to said Public Section 1222. SPECIAL AS- SESSMENTS. The acquisition, improvements, widening and open- ing of streets, the planting of trees, and the making of any other public improvement may be done and assessments therefor may be levied in conformity with and un- der the authority conferred by general laws; provided, that the Proposed Charter of the City of San Luis Obisno Council may by ordinance adol a procedure for the improvemer of streets, alleys or other publi places, the laying of pipes, or cox duits, or for the removal of dir rubbish, weeds and other ran growths and materials which ma endanger or injure neighborin property or the health or the we fare of inhabitants of the vicinit: from buildings, lots and grounc and the sidewalks opposite thea to, and for making and enforcin assessments against property bex efitted or affected thereby or froi which such removal is made, f( the cost of such improvements ( removal, and may make suc assessments a lien on such pr( perty superior to all other claire or liens thereon except Stat County and Municipal taxes, br no such ordinance shall prevent ti Council from proceeding und( general laws for said purposes. Section 1223. ILLEGAL AI PROVAL OF PAYMENTS. Ever officer who shall willfully approv allow or pay any demand on th Treasury not authorized by lav shall be liable to the City ind: vidually and upon his official bon for the amount of the demand s approved, allowed or paid, an shall forfeit such office and b forever disbarred and disqualifie, from holding any position in th service of the City, by order o the Council or a court of compe tent jurisdiction. Section 1224. DEPOSIT 01 MONEY COLLECTED. All money, received from taxes, licenses, fees fines, penalties and forfeitures and all moneys which may b4 llected or received by any offi cer of the City in his official ca pacity, or by any department o: the City for the performance o: any official duty, and all money: accruing to the City from any source, and all moneys directed by law or by this Charter to be pais or deposited in the Treasury, shat: be paid into the Treasury withir forty-eight hours, or the next working day. The Treasurer sham receipt for each such deposit in triplicate, giving the original and duplicate to the depositor who must file the duplicate with the Controller. Article XIII FRANCHISES Section 1300. GRANTING OF FRANCHISES. The City Council is empowered to grant by ordin- 91 ance a franchise to any person, firm or corporation, whether op- erating under an existing fran- chise or not, to furnish the City and its inhabitants with transpor- tation, communication, terminal facilities, water, light, heat, power, refrigeration, storage or any other public utility or service, and to use the public streets, ways, alleys and places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment, necessary or convenient for the furnishing thereof, or necessary or convenient for traversing any portion of the City for the trans- mitting or conveying of any serv- ice elsewhere. The City Council may prescribe the terms and con- ditions of any such grant. It may also provide, by procedural ordi- nance, the method of procedure and additional terms and condi- tions for making such grants, sub- ject to the provisions of this Charter., Section 1301. RESOLUTION OF INTENTION, NOTICE AND PUBLIC I-IFLARING. Before grant- ing any franchise, the City Coun- cil shall pass a resolution declar- ing its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is pro- posed to be granted. Such reso- lution shall fix and set forth the day, hour and place when and where any persons having any in- terest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolu- tion at least once within fifteen (15) days of the passage thereof, n the official newspaper. The :ime fixed for such hearing shall lot be less than twenty (20) nor nore than sixty (60) days after :he passage of said resolution. At :he time set for the hearing the amity Council shall proceed to hear ind pass upon all protests and its iecision thereon shall be final and :onclusive. Thereafter, it may ;rant, or deny, the franchise, sub- ect to the right of referendum of he people. Section 1302. TERM OF FRAN- TIISE. Every franchise shall tate the term for which it is ranted, which, unless it be in- eterminate as provided for here - i, shall not exceed thirty-five (35) ?ars. No franchise may be re- 22 Proposed Charter of the City of San Luis Obispo nerved until three years before ii term expires. A franchise grar may be indeterminate, that is t say, it may provide that it sha endure in full force and effe( until the same, with the conser of the Railroad Commission of th State of California, shall be vo. untarily surrendered or abandon ed by its possessor, or until th State of California, or some me nicipal or public corporation thereunto duly authorized by lav shall purchase by voluntary agre( ment or shall condemn and take under the power of eminent do main, all property actually use and useful in the exercise of suc franchise and situate within th territorial limits of the State, mu nicipal or public corporation put chasing or condemning such pre perty, or until the franchise sha] be forfeited for noncompliant with its terms by the possesso thereof. Section 1303. GRANT TO Bi IN LIEU OF ALL OTHER FRAN CRISES. Any franchise grantee by the City with respect to an, given utility service shall be ii lieu of all other franchises, right; or privileges owned by the grantee or by any successor of the grante to any rights under such fran chise, for the rendering of suel utility service within the limits o: the City as they now or mai hereafter exist, except any frau chise derived under Section 19 of Article XI of the Constitution of California as said section existec prior to the amendment thereof adopted October 10, 1911. The ac. ceptances of any franchise here- under shall operate as an aban- donment of all such franchises, rights and privileges within the limits of the City as such limits shall at any tme exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effect- ive until written acceptance there- of shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten (10) days after the adoption of the ordinance granting the franchise and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional ter- ritory, any and all franchises, rights and privileges owned by the grantee therein, except a fran- chise derived under said constitu- tional provision, shall likewise be deemed to be abandoned within the limits of such territory. Section 1304. IMMU TENT DO- ALAIN. No franchise grant shall in any way or to any extent im- pair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with re- spect to any public utility. Every franchise grant shall reserve to the City the right to purchase the property of such utility either at an agreed price or a price to be determined in a manner to be prescribed in the grant, or in the i,rocedural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utili- ty, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acqui- sition), good will, going concern, earning power, increased cost of reproduction, severance damage, Dr increased value of right of way. Section 1305. DUTIES OF GRANTEE. By its acceptance of nny franchise hereunder, the ;rantee shall covenant and agree :o perform and be bound by each rnd all of the terms and condi- tions imposed in the grant or by trocedural ordinance, and shall `urther agree to: (a) Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its po- lice power, governing the construction, main- tenance and operation of its plants, works or equipment; (b) Pay to the City on de- mand the cost of all repairs to public pro- perty made necessary by any of the operations of the grantee under such franchise; (c) Indemnify a n d h o l d harmless the City and its officers from any and all liability for d a m a ges proximately resulting from any op- Proposed Charter of the City of San Luis Obispo erations u n d e r suck franchise; (d) Remove and relocate without expense to th; City any facilities in stalled, used and main tained under the fran chise if and when mads necessary by any law ful change of grade alignment or width o: any public street, way alley or place, including the construction of ani subway or viaduct; an'( (e) Pay to the City durin€ the life of the franchise a percentage, to b specified in the grant of the gross annual re ceipts of the grante within the limits of th City, or such other com pensation as the Cit: Council may prescrib in the grant. S e et 10 n 1306. EXERCISIN( RIGHTS MTHODUT FRANCHISE The exercise by any person, firn or corporation of any privilege fo: which a franchise is required without procuring such franchise shall be a misdemeanor and eacl day that such condition continue., to exist shall constitute a sepa• rate violation. Article XIV MISCELLANEOUS PROVISION Section 1400. GENERAL LAVH APPLICABLE. All general law: of the State applicable to munici- pal corporations, now or hereafter enacted, and which are not in con- flict with the provisions of this Charter or with ordinances ox resolutions adopted in pursuance of this Charter, shall be applicable to the City. Section 1401. OFFICERS TO CONTINUE. All officers, assist- ants and employees in office when this Charter takes effect shall continue to hold and exercise their respective offices or employment, under the terms of this Charter, until the election or appointment and qualification of their succes- sors. Section 1402. FULL TIME OF OFFICERS AND EMPLOYEES. All officers and employees of the City, except members of the Council, Boards and Commissions, the City Attorney, and Police Judge, shall devote their entire 2.11 time to the discharge of their official duties and shall do no pri- vate work which will incur any expense on the part of the City, unless otherwise provided by reso- lution of the Council. Section 1403. CONTINUITY OF RIGHTS, CONTRACTS, AND OBLIGATIONS. All vested rights of the City shall continue and shall not in any manner be affect- ed by its adoption of this Charter, nor shall any right, liability, pend- ing suit or prosecution, either in behalf of or against the City, be affected by the adoption of this Charter, unless otherwise herein expressly provided. All contracts entered into by the City for its benefit prior to the taking effect of this Charter shall be continued and perfected hereunder. Public improvements for which legislative steps shall have been taken under laws in force at the time this Charter takes effect may be car- ried to completion in accordance with the provisions of such laws. Section 1404. RIGHTS OF OF- FICERS AND EMPLOYEES PRESERVED. The civil service rights, pension and retirement rights or privileges of officers and employees of the City at the time this Charter takes effect, shall not be affected by its provisions unless specifically provided herein. Section 1405. INVALIDITY. If any section or part of a section of this Charter proves to be in- valid, it shall not be held to in- validate or impair the validity of any other section or part of a section, unless it clearly appears that such other section or part of a section is dependant for its operation upon the section or part of a section so held invalid. Section 1406. CHARTER IE EFFECT. This Charter shall take effect from the time of its ap- proval by the Legislature. Pro- vided that all ordinances, resolu- tions and regulations in force at the time of the approval of this Charter by the Legislature, and not inconsistent with the provis- ions thereof, are hereby continued in force until the same shall be amended or repealed; and pro- vided further, that the members of :he Council and the City Clerk in )ffice at the time of the approval )f this Charter by the Legislature ;hall continue to hold office and lischarge the duties thereof until he expiration of the terms to vhich they individually were elect- 24 Proposed Charter of the City of San Luis Obispo ed, and in the case of the mem- bers of the Council, until the election and qualification of the councilmen under this Charter; and the terms of each of the other officers in office at the time the Charter shall be so approved shall cease and terminate when the Council shall by resolution so de- clare; but the powers and duties of all officers of the City of San Luis Obispo, after the approval of this Charter by the Legislature, shall be as prescribed in this Char- ter or by ordinance or resolution passed pursuant thereto. Section 1407. AMENDMENTS. This Charter may be amended in accordance with the provisions of Section 8, Article XI, of the Con- stitution of the State of Calif- ornia. INDEX Section NAME OF CITY ARTICLE I Nameof City............................................................. ...... BOUNDARIES A 100 II --•-• ...............................................RTICLE Boundaries .-....... ............ RIGHTS AND LIABILITIES ARTICLE 200 III Rights and Liabilities ..................................................••........... 300 POWERS OF CITY ARTICLE IV Powers........---••...................................................• ....................... Procedures..................... 400 ........................ ........ ....................•---...... ELECTIONS 401 ARTICLE Election and Terms of Councilmen ........................................ V 505 Eligibility for Office........-•-•---••-•-•-----••----•--•----•------------•--........ 504 General Municipal Elections .................................................. 500 Initiative, Referendum and Recall .......................................... 503 Mayor and Term of Office ...................................................... 506 Procedure for Holding Elections ............................................ 502 Special Municipal Elections .................................................... 501 LEGISLATIVE DEPARTMENT ARTICLE VI Amending Ordinances.............................................................. 608 AnnualReport---.....--•--•-•-----•--•----.....---•-•.................................... Board of Equalization 620 .............................................................. Certain Powers and Duties Enumerated .............................. 604 605 Codification of Ordinances...................................................... 609 Contract for Performance of Administrative Functions.... 613 Examination of Records.......................................................... 619 General Powers of the Council .............................................. 603 LegislativePower-----•-•-•--•......................................................... 600 Meetings.........--•--•-•-••--------•-•-•---•-••.............................................. 601 Newspaper Advertising and Printing ................................ 610 Oathof Office-•---......-•--•-••----------------------•---............................... 617 OfficialBonds--•-•-•----•-•-•--.....---•---•-•--...--•..................................... 616 Ordinances............................••---..........-----------.......---------------....... 606 Public Work and Supplies........................................................ 612 Quorum-•----•--......---••-•------•---••-------•--........_....--•........................... Records...-•------• 602 ............................................................................ Sale or Lease of City Property ................................................ 618 614 Vacancies in the Council.......................................................... 615 Violation of Ordinances............................................................ 611 When Ordinances Go Into Effect .......................................... 607 OFFICERS, DEPUTIES AND EMPLOYEES, ELECTION APPOINTMENT AND COMPENSATION ARTICLE VII AppointiveOfficers-•--•-•--•-•--•--•-••---...---•-•................................. 701 Classification and Standardization ........................................ 704 Compensation..............................................................•-----.......... 703 Disability of Councilmen............................................................ 705 ElectiveOfficers .............................•--...-----•.....................-----. 700 Removal of Officers and Employees .................... 702 ...... CITY MANAGER ""' R ARTICLE VTII Assistant City Manager............................................................ 808 Bond.......--••...............................................•----......---...................... 803 City Manager—Qualifications................................................ 800 City Manager pro tem............................................................ 807 Council Interference in Administration ................................ 809 Eligibility of Councilmen.......................................................... 801 Ineligible Persons.---...--•.......................•---------•..................------.. Powersand Duties 810 .......--•.......................................................... Salary..........................•---•............................ 805 -------------------------------- 804 Proposed Charter of the City of San Luis Obispo Seats at Council Meetings ................... Term DUTIES OF OFFICERS Additional Powers and Duties ............. Approval of Bonds and Contracts _. Assessor Attendance at Council Meetings ......... Chief of Police ... City Attorney ........................••. ............... CityClerk ................................................. Collector Controller Fire Chief Health Officer ......................................... Inability to Act ....................................... Mayor......................................................... Public Utilities ....................................... Records Street Superintendent ex -officio ......... Superintendent of Public Works ......... Treasurer................................................... BOARDS AND COMMISSIONS Board of Education ................................. Compensation........................................... Contract Personnel Service ................... Election and Term ................................. Eligibility................................................... Financial Support ................................... Librarian................................................... Library Trustees ....................................... Personnel Board ....................................... Planning Commission ............................. Political Activity ...................................... Powers and Duties ................................... Powers and Duties ... .-•-----------------------------. Powers and Duties ................................... Powers and Duties .................................. Recreation Commission .......................... Rules and Regulations ............................ Reports----•--------•-------------------------•---•-•-••-•-.--. Retirement, State System ..................... Salary and Wage Survey ...................... Superintendent ------------------------------•-----.---- POLICE COURT Clerk-•-----------------•----..----------------•-------------.-- Continuity of Proceedings .................... Inability to Act ----_-------•-------------------•-•-•----. JuryFees -------------------------------•-----••------••-- Justice of the Peace ................................ PoliceJudge ---------------------------------------------- Powers of Judge ------------------------------------•-.. Receipts------------------------------------------------------ Records----•--------------------•---•-•---•---.•----••--..----. FISCAL ADMINISTRATION Actions Against City -•--.-•--..--•---------------- Appropriations ------••---•--•--•------••-•--•--•--•-••-- Bond Retirement Fund .......................... Cash Basis Fund -------------------------------------- County May Perform Fiscal Functions Debt Contract ----------------•---•--------•---••----••---. Deposit of Money Collected ................... Depreciation Fund ----------------------------------- Estimates and Budgets •----•--------------------- Expenditures and Indebtedness ............. Illegal Approval of Payments ............... Inventory of City Property ..................... Limit of Bonded Indebtedness ................ Presentation of Demands .......................... Public Service Sinking Fund .................. Special Assessments --.-----.---•-----------------•-.. Special Deposit Fund -•------------------------------ SpecialFunds --------------------------------------- ....... ARTICLE W 806 802 IX 907 903 908 904 913 902 901 911 909 914 912 905 900 917 906 916 915 910 ARTICLE X ................................ ................................ ................................ ............................... ............................... ............................... ............................... ............................... ............................... ............................... ............................... ............................... ............................... ............................... ............................... ............................... •-•••----•-•---•.....-•---••••• ARTICLE ARTICLE 1000 1004 1014 1003 1001 1011 1007 1005 1013 1019 1016 1002 1006 1009 1020 1008 1015 1012 1018 1017 1010 XI 1107 1106 1102 1108 1103 1100 1101 1105 1104 XII 1203 1206 1220 1212 1211 1216 1224 1218 1205 1200 1223 1204 1215 1201 1219 1222 1221 1213 26 Proposed Charter of the City of San Luis Obispo Special Tax Levies................................................................ 1210 Special Taxes and Bonds ........................................... _............. 1214 Taxation................................................................................ _... 1208 TaxLimit------------------------------------------------------------------------------------ 1209 Transfer of Appropriations...................................................... 1207 UtilityFunds.............................................................................. 1217 Warrants on Treasury.............................................................. 1202 FRANCHISE ARTICLE XIII Dutiesof Grantee...................................................................... 1305 Eminent Domain........................................................................ 1304 Exercising Rights Without Franchise .................................. 1306 Grant to be in Lieu of All Other Franchises ........................ 1303 Granting of Franchises............................................................ 1300 Resolution of Intention, Notice and Public Hearing .......... 1301 Term of Franchise.................................................................... 1302 MISCELLANEOUS PROVISIONS ARTICLE XIV Amendments-------------------------------------------------------------------------------- 1407 Charterin Effect...................................................................... 1406 Continuity of Rights, Contracts, and Obligations ............ 1403 Full Time of Officers and Employees .................................... 1402 General Law Applicable.......................................................... 1400 Invalidity...................................................................................... 1405 Officers to Continue .................................... ......... ................... 1401 Rights of Officers and Employees Preserved ...................... 1404 (Note: The numbers under each Article indicate the Section Number.) FR4203F.D. CHARIEM f or the govexmrment of +,11m SAIN LUIS 03IMT, CALIFORNIA To be submitted to the qualified electors of the City of San Luis Obispo for their ratification and adoption at a special mmicipel election to be held on Monday., the list of Novoxml.er, 1949. 31 PROPOSED Cid for the Government of the CITY OF SAN LUIS OBISPO California T'he, follov ng is the Proposed Charter of the City of Ser. Luis Obisuom California, to be submitted to the qw-alified electors of the City of San Luis Obispo for their ratification and adoption wt a speci.416 M- MiCipal election to be held on Monday., the 21st day of November, 191"91 CITY CHARTER OF THE CITE* OF SAN LUIS OBISPO 'fie, the people of the City oA' San. Luis Obispo, State of California., do ordain and establish this Charter, as the organo law of said. City, under the Constitution of the State of California, PROPOSED CHARTER OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA. Aa ticye I NAME OF CITY Section .100@ MIKE, Tine 54.eipai corporation now existing and known as"'The City of Say Luis Obispo'M shall remain and continue a bock,- politic and corf.,orete, as at present,, in fact and irs, lawn and by such n&me shall have perpetual succession. Article .4`�f. BOUNDARIES Sect�f.on 200. BOUNDARIES, The bvandaries of the City of San Luis Obispo shah con ,roue as now established until changed in some .miner authorized by lay. Article I.tl RIGHTS JAM LIABILIrli S oection 300, RIGHTS .NO LIABILITIES. The City of San Luis Obispo shall remain vested with and continue to have., Mold, and enJ0Y, all property, rights of property and rights of ac's;^ion of every nature and description, now pertaining to said Mmicipalityp and is hereby declared to be the successor of the same. It shall be subject to all " abilities that: nays eacist against this ondeipality. Article IV P0WMS OF CITY Section. 400. POS OF CITY. The City of simj�Luis E-3��bispo ah�aU have t�iaoar yyp�c' 'S:+�d. Ck u^.�C✓glula L`ians .in S�leit.�'+'�-,�`�+ct t municipal 4'Tr�.fc:c.+mC. 3i k�, $ e, W L '' 1 � t.-1 is 1 ions and iM itati m s as mL -z .� g i' Mile Coastitlation of the state of r � 5� provided an th3 s , »�ali. or��an " ysha"ll �aalso ham r � v": s.P mi:.µ' . iii..» rights:. jr? ...' .it' .c.'9d.iQsi�yT iSvre toforeor �I'i ..-"c ', `1V anted or presoribad by away lat61 of the Stats, by this t�y� ed ap..+ .+ .. .. 5.•,i ersw oqs—t,dn % Charter.. or by other lawful authority, or which a munic:ipall corporation inigint or could exercise under the Constitution of the State of California. The enumeration in this Curter of any particular pover shall -.wt be held to be exclusive, of or any limitation upon this general grant of ,power, Section 401. PROCE)WYSS. The City shall have the poser and ma, -,,r act plursivant to procedure established by any law of the Stateg unless a different procedure; is established by ordinance, Article 7 ELEC IOW SWUM 500. GENEUL IVINI+CIAPL ELECTIONS. General municipal clacti.ons to f i F l elective offices strap be held in. said City on the second Tuesday in Ap:?U in uft cold numbered year beginning Ta-ith the year 1951; prr ovidaed that the members of the 0ounci'3. of t1he City of San Luis Obslpo, consisting of the Mayer and four c dune Imea, in office at the time this Charter is approved by tate State LegLelature oOAUM'd in office until the expiration of the terms to which the = rs thereof were individually elected or appointed., and un; it their successo a elected. and qualified. Section SOI.$ SPECDZ MUNICIPAL ELECTI0NS. Spedapa mwi cipal. -,lections -my oe ?aid by authority of this Charter or by the authority of any law of the State of Cali, -0_ a c ugmg the period this Charter shall be in Effect. Section 502,, pROCEDrTU- FOR 11CLDING ELECTIONS. All elections held under this Charier shall be held and conducted in accordance with the provisions of the Elections Code of the State of California as the same, noes exists or iftay hereafter be waended, for (� the holding of elections in cities of the Sixth Class unless such provisions are in. conflict with the proviLsi.ons of this Charter or unless an ordinance proirding for the manner of holding and, conducting elections is adopted by the City Cour ci.l.e, Section 503, IIttZTTATIVEp REFERFd UM AND RECALL, The provisions of the Kectiorl.s Code of the State of California'. as the same now exists or may hereafter be amended governing the initiative, referendum and recall of mm3.+c-19a : officers., T sh a.11 apply to the use thereof in this City in so far as the nrov-1sions of the elections carie are not in conflict lith this 'Charter. Section 504. F.MIBILITY FOR OFFICE, No person shall be eligible for election to, or to holdv my elective office of said City uxaless he shall have; been a y esident and an elector thereof or of territory legally annexed thereto, on or pn.or to the date of such election or appointment, for at least three years next preced:Ujg. hjs election thereto., or his appointment to fill a, vacant therein* Section 505. FI.FCTC ION WD TES OF COUNCILMEN„ At the first general muni.ci &I 810Ction held under this Charter :in April caa 19% three ,ner -shell be elected to the Council., and thereafter two or three members shall be elected altern to ly at each succeeding biennial, election, Th,e terms of each elected member shen cOmmenoe on the first Monday in May at twelve o a clock noon, foil oeing the day of eleets.on,, and ewh member shall. some for a term of f crox years $ and until. as Successor is elected and qualified. Any ties in voting shall bre settled, by the fisting of lots, Section 506. MAYOR AM T=4 OF O`-F?ICE. The Mayor shall be elected by and from the Council by a vote of three or more members for a terga of t-vro years from and after the first Monday in May at twelve o'clock noon $ folloWAmg tip; day of elec# i on, and s'aha:£.l. `,1 ' rt �• �'.' 44' pM iN��i��_.lr \� c7 �...�..�i�.ti+� �•►�S..i....i Y^ „ .. }t� � .G 'ya�_q—�.ii� .10 aos Derr . a ' ... , .. ♦Y',• .a .. ... .......,., .1. ,e taw w/C i. �a � :'�RF.�'.�J OF N'M� �� �. fir. • sil't IJe. �+ 40Z 501*098 ;qJ,a 10e&s*i9 editbabaimi* XLqqanoZj a ♦ �..V � �'+ V i,N: eg FW+i' wF J.wSF+4Y SarMH' �+i7•t� _ q �v ?m bwto.,9.5", G.S.. V%Oeaai,�y+2ga aeerve u4ti1 his successor is elected and. qualified. A. vacancy is the position of FAyw obs11 be filled for the unexpired term by the Council from azrong its iruem segs by a vote of three or more of its members. Article VI Legislativo Departmmb: TIME COUNCPL, i'GIAMS AND DUTIES. Section 600, LEGISI'VIIVY, POMER. The legislative power of the City of San Luis Obispo shal-I be vested in the people through the initiative and referendum, and in the Council. Section 601. VYMINGS. The Council shall meet in the Council Chambers i.n regular session on the first day of Hay follo dug their election, at twelve o! c? ock noan,, and shall organize as her—sin required. Thereafter the Council shall meat at sva;h tunas and places as have been or may be prescribed by ordinance or resalutyon, except that it shall meet regularly at least once each month. All meetings shall, be open to the public. Special meetings may be called by the Mayor, or by a gaor, . of the Council, but notice of every such Meeting must be served personally upon every ameber not joining in the caal, and upon the City Manager, or left at the place of residence or of business of such person to be so served, not les � than, three hours before the time of such special meting, Such notice must state -:hoe time of such meeting. A21 meetings of the Council and all record thereof shall be open to the public, and no citizen shall be denied the right personall.ys or through counsel, to preowt a grievance, or offer suggestions for the betterment of municipal affa in. SeeUm 602. QUORUM. Three members of the Council shall constitutes: a quorum,, but a lees number my adjourn from time to time. No franchise shall be granted, 0AUxume passed,# budget, adopted' .supplemented or amnded# appropriation made, or yGyseaat of money ordered unless three ambers of the Council concur in said action. Section 603. GElll M POW= OF THE COUNCIL. Subject to the provisions a -Lid restrictions in this Charter contained., and the delegation bar this Charter of ar! v powers to any person, officer' board, or ca wslasie�aa,# much delegation of power, if any, shall control, the Council shall have the power, in the name of the City, to dna and perform all acts and things appropriate to ah municipal corporation and the general w1fare of its inhabitants and which are not specifically forbidden by the Constitution of the State of California, or whish now or b ereal"'ter it would be competent for this Charter to specifically renuawroU. No emmeration or specific statement herein of any particular poaeeras shall, be geld to be exclusive of., or a limitation of, the foregoing general grant of powers. Section 604, BOARD OF EQUALIZATION. The City Council, shall, meet at its usual, .meeting place as a Board of FkffL31iaation on a date to be set by the Council and published in the official newspaper, as required by general last, and shall continue in session by adjournment from day to slay until &U return of the Assessor have been rectified and assessments equalized. section 6o5. CERTAIN POIZRS AND DU!PIES E104ERATED. The Council $halls (1) Have a].1 thg powers of a council under the lairs of the State of Californial, except as othereri se provided herein. (2) Provided in the annual budget for a sun of one thousand dollars as an _ expense account for the exclusive use of the Mayor in his official amity. (3) Appoint a City Manager, a Police Judge, a City Attorney, a City Clerk, a Library Board, a Planning Coad.asien, and a Recreation Coma ssim. '? A Section 606, Or 33lUNt. . The enacting clause of every .,rdi nance passed by the Council shall bes "Be it ordained by the Canancil of the City of San Luis Obispo.* The enacting clause of every ordinance initiated by the people shall be; gBe it ordained by the People of the City of San Luis Obispo.* .At least five days must elapse btucween the introduction and the final passage of any ordinance; provided., that amendments germane to the subject of any proposed ordinance may be made When it is brought, up for final. passage; provided., any ordinance declared by the Coancil to be necessary as an emergency measure for preserving the public peace, health der safety and containing the reasons for its urgency., may be introduced and passed at one and the same meetit3g,; regular or special, and,, if passed by a foul -,fifths vote,, shal.l become effective immediately upon publication. A final vote on W ordinance., or any wrote on any appropriation must be taken only at a regular or adjourned regular meeting. Every ordinance must be signed by the Mayor,, attested by the Clerk,, and at the discretion of the City Council, published once in the official newspaper witb-in fifteen days of its passage,., or posted in three public places., together with a, single publication in the official newspaper stating the title of the orae, its date of adoption,, its date of taking effect,, and a list of places where copies of the ordinance have been posted. Section 607, WHEN ORDINANC�;,S G4 � INTO E"F=, wept as otherwise provided in this Charter„ ever ordinance and every measure passed by the Council., granting any franchise or privi.legm., shy go irni;o effect at the expiration of thiAy days after its final passage, unless otherwise provided in said ordinance or measure; prided., however, Haat no each ordinance or measure shall go into effect in less then thirty due frdsa its fin*3 passage. But ordivances declared by the Council to be necessary as emergeW measures., as hereirbefon provided', ordinances ordering or otiose reelat1mg to elections, ordinances relating to public improimmeritso the cost of which is to be borne wholly or in part by special assessments, and taxing ordinances,, my g) into effect at the will of the Council, Section 608. .AKZNDING OMMANCES. No ordinance shall be amwAed by reference to its title, but the sectio -as thereof to be amended shan be rev -enacted at length as amended; and any amendments passed contrary to the provisions of this section shall be void.. Section 6C`9, CODIFICATION OF ORDINANCES. The Council shall provide for the codification on of aU ordinances es which have been enacted and published and whieb have not been repwnled, This codification need not be published $e a wh $ bat certain portions dealing with the construction of m ildings$ glumbinga wiring, rani t- ation, and other subjects which require extensive regulations,, should be made available in conveni.ant form for distribution to those wbo apply for copies. All code pro ions may be adopted by the Council by reforenoe,, by an ordiasnee prepared for such puxpose, said three copies shall be available in the office ce of the City Clerk for the use and e=nination of the publico Subsequent amendments to seetions of the code shall be enacted in the same me.nner ae required for armndment of ordiriarxes herein. Section 610. NLWAPER AADVMISLNG 1-14U PBIITTVD;G. The Council. s3a -1 adVartise wally for the sulssi.on of sealed proposals or 'bids .krona daily nevapapers of general circuatione printed and published in the City# for the pubiie:a of all ordinances and other Legal notices and matters required to be published, A contract shall be atmded to the responsible bidder submittIM the lowest bid an the basis of 't -he bo fide subscription list of paying subscribers of said pub3l. cation vithin the city limits of said city, The nomp2W to which sWh cm trMt 35 Is awarded sW2 be known and designated as 'the "official neuppapaer .>11 The rat for publishing notices s1han not exceed the customary, rates charged for, pubtis.hing, legal notices of a private character, Failure of the Council to designate an O fiOW newspaper shall not :Lnvalidate =W publication, jhere the were is other- wise in conformity to law or this Charter, Section 611, VIOLATION OF OlUIN NCES, The violeuOr. of any ordinance adoptees and published by the City Council shall constitute a misdei-zeanor and may be prosecuted or may be redressed in. the-Amme3r provided by the genaral law of the Stats, 300tian 612. PUBLIC WORK AND SUPPLIES. (1) All contracts shall be drams under the supervise orj of the City Attu y9, dl2 Contracts must be in wri texas,, executed in the name of the City,, by an aff3aet act officers authorized to sign the waver and mast be countersigned by the Contrdner,, who shy number and register the sau,,: in a book kept for that purpo*s, (2) FMreseiva Payment Of Contracts., Any contract rmy provide for Progressive psytr,Qnta if in the ordinance or resolution authorizing or ordering the work permission is given for such payment. But no progres.. sive payments may be provided for or made at any tine which, nth prior peymaaantss, if there have bow such., shAll exceed in amount at any time y-tive per cent of the value of the labor done and the materials. used up to that time, and no contract shall provide for or authorize or permit the payment of more than seventy-five per rent of the contract price before the completion and acceptance of the work. (3) Public Work To Be Done By Contract, In the erections improve-,wnt and repair of all mblic buildings and works, in all street and sewe6 works done under and by authority of the laws of the State creating a. bonded indebtednessv and in wishing any supplies or materials for the saga, or for any other use by the City, when the epex tune required for the same axweds Ahe sun of f% h=x1red dollars but doss not exceed two thousand dollars, three informal bids are required,, when over two thousand dollars formal, bids are required and the Conti -act shall be let to the lowest responsible bidder after notice by publication in the official al newvpgw by two insertions, the first of which shall , at least ;.en, days - before the time for opening bids; provideds however, the Council may by a three-fifths vote rejeat any and all bids, if deemed excessive, and readvarti.se for bids, or provide for the work to be dozy: or supplies or aaetterial.s purchased unser the direction of the City Mw'iager, provided the total cost submitted by the City Manager shall not e=eed the 1croest acoeptabl,e bid submitted* In case no bid is received,,, the Council, may 21k&Wi3e provide for the work to be done or supplies or mater's ml �, pur- chased under the direction of the City Manager, 141nen the estimate of the coat of said work by the Superintendent of Public Warks shows that said work can be done for an equal, or less cost than that of than lout bid, thea any of the work herein mentioned array be done by the Department of Public Works ¢ and thea said department sha11 be teamed the co tracUr. with the right to enforce all Bens, and with the awe power, rights, duties.. and obligations as are made and provided by the -laws of the State for cxotrR tors who have entered into contracts to do such work as the lomat responsible bidder* 36 (4) Illegal Contracts. '.,,io on.` cer or employ -ea of the City sbw"! be or become directly or indirectly interested in any contract, wo&.-,, or business, or in the sale of any article,, the expense,, price'. or aojj3jd_--r- ation of Vnich is payable from the City treasuryj, nor shall 1 - receivt- any gratuity or advantage from any contractor or person furnishizg labor or materials for the same. Nocfficar or employee of the City shall aid or assist a bidder in securing a contract to furnish labor, -materiall., or other supplies at a higher price or rate tharn, that proposedby any other bidder,, or favor one 'bidder over another,, or give or withhold ir2ormation from any bidder., not given or withheld from all o-U-,er blddiars", or V1111tully mislead any bidder in regard to the cha-racter of the material s or supplies called for, or knouringly accept materials or supplies of a quaiit-y inferor to that called for by the contract., or mar. mgly certify to a -1 r -�,er amoun g, ea t of labor performed or material or supplies furnished than has repsect ly ive been performed or received. Any officer or employee violating amy of the provisions of this section shall be guilt, -yr of a inisdarearior ,,md shah forfeit his office or employment on order of the Council or court of competent T jurisdiction, U at any time it shall be found that, any person, firm., or corporation to Whom a contract has been awarded by the City lmsp in present: tag any bide colluded Vith any other party or parties, ther. th.'e 'co'ntract so awarded shallp if the Council so electp be null and void arid. -the cOntractor end his bondsman shall be liable to the City Tor aU loss and damage, whicij 40 -'he City may suffer thereby. In such event the C-Ouncil May advertise anew ffac, bids for said work or supplies. (5) Preference To Citizens of the City. (a) - When laborerss workmen or mechanics a're employed -apGn any yublic works whether so employed directly by the City and i,tsrfflcQrs or by contractors or subcontractors$ or by anr y othepersoa orperso.-as., such laborersv workmen or mechanics whenever practical must be qualified residents of the City for at least ninety days, and veterand anj 3&2rj-ied men mast be given preference_. qualifications equal -qaal-. g (b) When making purchases for any department of the City., joc;!o merchants shall be given the preference,0 quality and price b-eirtg commensurate. Section. 613. CON-IPIACT FOR PF-WOfLWCV, OF ADMINTITHATIVE FUNCTIONS. The City COuncil.9 upon the written recommendation of the City Manager., may cOntr&,Ct with the governing body of admi -nistrative agency of any other c-Ity_l or county withirA this State r .. or idth any State department or other agency for the prepareoJon or conduct- ing Of competitive examinations for positions in the City service or for the PerfOrmaW.0 of any other personnel administrative service. The. City Council. may contract with the County of San Luis Obispo., or any other public health organization., for the performance of any or all functions in connection vi-ith public health matters, Section 614. SALE OR LEASE OF CITY PROPERTY. No sale of Ml eaUte Shan be authorized by the Council except by ordinance passed ik-,r the aXf-irmative vote of three-fifths Of an the manbers and no lease Of any city property shall be naft for a Period longer than five yearso except by ordinance adopted ',ay a three -`fifths ate of the Council, Section 615. VACANCIES IN THE CUUNCIL. Any member of t).,.e Council who is absent from all meetings thereof for two consecutive months., unless erased.by the Council, abAU forfeit his office. Any vacancies occurring in the Councilsh 1 be f by a person appointed by a ti, vote of t_b 9 , al firmed shall serve for the remaindej° 0,f the Uneraj-red tem "ouncil. Said person appoijlited Of the vacating counciimsm aid .37 until his s-,icceasar is alecte'd a.nd qualiZied,,. Section 616. OFFICIAL BOWS, The Council shall., by ordinance, deter mine in:That office" and Other Persons in the service Of the MY shall give bond for t3he faithful performance of their duties, and shall fix tale a:�llvants WE such bonds and each of such officers and other persons shall before e-ritering upon the duties of his office or employment.. execute a bond t,,,- the 1`4ty _* t,,Ip pe MI provided 'I S Ur by such ordinances including in the scare bond tate dutias Of wILCOMCW of which he is made, by this Charter or otherwise., ex officio incu_,,j,0erjt,, Sue, jon-b ,dc; �, Mus be examined and approved by the Council. All bonds when a9proved shall be filed with the Controller or City Clerrkj, excep+, the Controllerts bond,,, if any. g li shall, be filed with the Treasurer„ Al! tkie provisions of arq I_1T Of ch this 3 te t,,, t relating to the official, bunds Of Officers as then existlig shalit apply to such bmIdSo e)XOPt as herein othcTvise prrvidled. In all. cases v1here surety company bonds are approved by the Coumil., the Preluium therefor WIP-11 be paid by the City. SWUM 617o OATH OF OFFICE* Every officer of t118 CitYs, before entering upon the duties of his office., shall take and file NJ the Clark te const: uti 01a Oat'-) Of OffiCep except that the oath of the Clerk shall be fj3.ed with the Tzreasurs r. TIv oath or aftirmatiw_ shall reads 01 do solemily sweex for nc-firm) that I yEi3 support, the Constitution of the United Stat --,s, the Constitution of the State of '."aliform!, and that I V,11 faithfully disch&rge the r�Q,, UPW of the office of under the Charter and Ordinances of the ""ity of M M;Tbis_p_; to UG best of my ebility.,W Section 618, Rwmw. The City 31erk,or Us deputy.,, shall keep., un&r the dizwtjon (f the Council,, a 9LIU and tray record in a bookp of all proceedings of the Cawwilj, and of the Board of Equalization. He shall keep a book-,, rar ked "4rdlnances3* in ltdch he shall COPY all Ordinw-cesp -,aLth his csrViZicat*, aMOXed to said COPYp stating that it is a 1%1:L and -&,rje record thereof$ amd, that such Ordin=oe has been day published or posted. Said recon copy,, WitI, such certificate., shall be prima facie evidence of uiie conte.n,,�q of such ordinances and Of the passage and publication thereof. He shall also keep an inder- tr the mites of the Council and to said ordinance book,' The Clerk s- I be the cus turas di,- of the City Seal and shall affix the same to all Official certificates wadeby him rand to other papers when directed by the council to attest or e:,xen,�,e t1le 3 He shall have Rover to. a&d-rbter Oaths 2nd aff irrAtiona . to take affj a ts nd to certify the saw. He shall have such other powers and -cerform gash other ditfues as may be provided by this Charter,, or by ordinance or resolution. Section 619. EXMIUTION REGOOS. The Council shall eSP107 at t1he b9gjiwjng of each fiscal year, a public accountant competent in municipal aecountLng to Shall from time to time,9 Without notice$ examine the books,, records., inventories., and reports Of the Controller or City Clerk$ and of all Other Officers mid eraployees who receive or 4isburse city moneyo and of such other officer3 and department, as the Council may direct* The fnal rapport at the and 0-f the fiscal Year Shall be made in quadruplicates and One each thereof shall be Med Wit.1, the Control- COUDCUp City ?'tanager and City Attorney. AAy officer .9 clerk or employee 4�,0 s! X11 refuse to give all required assistance 'ted information to such i 3 accountar to him for eMmination such books, papers ani records of ht 04- subrdlij office e & , as rIS7j- bG required,, shall forfeit his officet, by order of the Council or court of -,,Omp9tent jurisdictions., Section 620. ANNUAL REPM, The Council shall cause to be PreParGd and issued an am=' report of the finRDOial and Wftinistrative operatic.w of vbe City at the close ofewh fiscal year. Sufficient copies Of this report shall be avaj_jae�;le at the office Of the City Clerk for distribution to those 4homay appiy for +hea,�, RK Ax•tic'2 e FIS OFFIGMS, DEPUTIES AND 212LOYEES M, CTION, 0FOlL'T` IM LND COY- PENSATION Sion 700. ELECTIVE OF�dffZS. The elective Officers -;;�f the City of Swn Luis Obispo shall be fivesembe+rs of the City Council and fta mbars of the Board of Education of the San Luis Obispo High SchooI District, Who small ve e terms of four years, Section 701, APPOINT= O� ICEPS. The City Council s1w12 tpp*Jin$ tb� Citu Manager, the mfrs of the 1.-ibxwy Board, the Plarzdng Cw"-i,yicn., the tim Commission, the Foliee Judge, the City Attorneys, and the City Clerk, The City Manager shall appoint,, -Ath the approval of the City Cecil, and, sub feat to earn at his pleasure, a Controller$ Assessor, Treasurer., Collector, Superin. Undnt of Publ U Works, Police Chief, Fire Com, Health Offieer3 wiless other- sd.se provided, heads of all other departments created herea_a ter by ordinance of the Council, and wash other officers and employees under his sari' , � strati re jurisdictions, Section 702. REKO AL OF OFFICERS AND 3WWM-,3. Eves -y person holding a os-iti.¢ in the service of the City sha be sifoject to suspension, demotion, or rerao-7a3 from office or erployment by the Officer, Council., Board or Co .,, -k ssian appointing wzb person, for misconducts i -competency, inefficiency, failure to 'perform the duties or to abaerve the rules and regUations of such departinstst, office, board, or commission, or for failure to cooperee reasonably th the City Kaxzager, the department 'head, or with- his fellow employeeso 'Where the appointment of am of. said officers '?.s vested in the Council,, such appointment azA any removal aaust be made by a three• -.nits vote of the mouLership of the Coumci-1. Orly the acuter of the City Council in maspending or removals an, officer or employee a1W.Ll; be .f: mal and conclusive. Section ?03. COMPENSATIECiN. The Library Trustees,, boar-' and, c ��Jkssi.ors, shall serve without compensation. The Mayor and ambers of the Ci TY7 Cw.�-' cil shua�u receive the sum of fifty do lsrs per month. The compexisa:1.41or" of all akpoi?Ative officers and employees of the City, except officials andtears of boars ,, *mad ssi ons and committees serving gratuitously, shall ba fixed or chwrpwd by the e=zwa appropriation ordinance adopted by three-fifths a of the Cc dc1:11, seed, e=ept the office of the City Manager, upon, the reeommendation of the City Xanager aa:,y. No officer or employee shahl be allowed any fee, perquisite,, iiolu- ment or stipend, in addition to,, or saws as embraced Ln,0 the salary or compensation fi.awd for swh office by the Co=cil, and aU.fees ceived by mach, officer comiection with his official duties shams. be paid by 1_i n into the City Treas;:iry. Section 704. CLA.SSMC.ATION AND S'iAiNDARDI7ATION. The Council shall by ordinance or resolution, with the cooperation and assistance of the City wager, prov-ieA,-�k for a systematic classification of positions and a standardization on of sal.ari ria of all paid appointive of f i ogre and employees of the City,. Section 705. DBABILI'T'r OF COUNCSIatME7. No councilnan slam], be eligible durjyjg the terse for which lie vas appointed or elected or W thin six months thereafter., to hold any other offices or employment with the City,, except as a member of any board.# commission or committee thereof, of which is condituted such vzywar by general lav or by this Cnarter4 39 mo LEL • _ ti ", _. ...,... ,.., .� ®;:"i;..�'f3' �:�� � ass +Ori,' ate.W.' s, ' j.t.*=*3 ad* - - v � .. .. ....,+. _ .. .. ..J,.M �� ,a-''� car STE1R3 '. ►��h r r o Bel >_11 Eo x : 4, Ij.. ... .„ d „ AW8 10% bUITENV, rf Ai- aolloa�a= OT nmbtftg a ,_...mvram Lti" w K9 Cd 'I'm bbo 'Of nw Article l CITY MAYA= Seablon 800,, QU LMCATIONS. The City Manager shall be the chief exmm'j° - and administrative head sof the city government. He •hall be chosen by 'Che City Council without regard to polities consideration acrd solely idth reference to his executive and administrative qualifications. Na one shall, be eligible for appointment thereto who has nota (a) served as City Mmanager, -or (b) as an ass-istant or deputy thereof for at least one year, or (c) had at least three years l e5cporience in a responsible a utive position. He need not be a resident of the State of Celifornia or the City of Sao Luis Obispo at the time of his appointment$ beat promptly thereafter he shall become and thereafter remain,, during.his incumbency,, an actual resident of the city. Section 801. EL24IBIMY OF COUNCIUW. No giber of the City Council. shsn....� `° s during the time for which he was elected. or appointed, or for one year theraeter,, be eligible to hold the position of City Manager. Section &)2. TERM. The City Manager shall be appointed for an Indefinite terra., but shall be removable by resolution at the pleasure os the Ccxwill only by a three-fifths vote thereof. Before he may be remsv+ed he shall, if he shall so demand,# be given the right to be heard publicly at a meeting of the Cour:.c_; l prior to the final vete an the resolution providing for his removal., but pending an d during such hearing the Council may suspend him f'rem office* TI* action of the Council in suspending or removing the City Manager shall be final and eonclusive„ Upaen any vacancy occuri.ng in the cf fice of the City Manager subsequent to the first appointment hereunder, the Council shall, at its next meeting theraafter,, adopt a resolution of its' intention to appoint a City Sags, which resolution Shah be published once in the offi.ciAl, newpaper of said City,, and no such Appointment sha13be made until at least four weeks shall have elapsed after such publication and must be made within sixty days thereafter. Tris provision., 1 -*w. ever, shall not effect the appointment of a City Manager pro t m as herein provided. Seaticm 8039 BOND. Before entering upon his duties, the City Manager shall Lila with the City Clerk an official bond for the fai tta"ul performance thereof, payable to the City in the sum of five thousand dol.l.ars,# the premium of which shall be paid by the City. Said bona shall be to tine satisfaction of the Council and the approval of the Controller sbaU be endorsed then em, Section 804. SALARY. The City Manager shall be paid a salary* comensuz-ave with his duties and responsibilities as the chief executive of the City. Section 805,, POWERS AP)D DUTIES. The powers and duties of the City Manager shall. bet C(1) To see that all ordinances are enforced. (2) To appoint, with the approval. of the Council except as of e_rwse provided in this Chartex', all heads of departments and otier city officers and employees, awl 440. OU 4LIKIII 17 7 ,; • . a .:vu's""� �'s :r��''•'� �r whyl�,,,,,rw,,-,.,i�Tr •• ..... : '3'r nf'.%eror r.%.i. aJ. 0�t - q- L� L'i•1J ,, + M1.. ,.�y.. ._:,�. _.i:,' "". .i"^•,`�ti..s,:.. ui ALo•".as'orf.:4".[.syV�"ir,�y%"��}' ..p.c+'.6,.s�.�"ny�.'d.`"g��"�5L"�t�` u ,. .. f •u ,... ..� .,!' y .. f4:,.9 .T. 8 A7 $Z^.. 'Y •x.:�i-�,�,� g ad s.iJ:�inAii . .. .. . ;� _ ...•...,� : r.: :"•� ,jrJ s'. flo 6*0v L Mfa.y S. ai l {.. >. c'... "!' C:a=. i&ID. f.. ., ii! ~ .yW o y � r%0♦y ssPff j ra in '.: r1' .,. .. _ . x m ., :.v.� tv!$ f" A 't.�Lk � *.n wfrFwT,TAL41 •Min.Vi. tl.Y.w'i9if bSwT.•Ri 1, qt4 M " T y` P'�Yy .%•'�."� r"R«P ` .. ,w,6'i.¢°. ,e w5:i6� : s RAJ v iAC,8 p400a, '" ter'" '"2?;-�'.�.�.. �..E:.,£.?�.°��? w ��:: w9,,.a►iI�3 w.cix sls+oa on, and car remove Vne Same eL, PIC..'a3ure', zxzd to I•IE:va 1, a 12� 0� the sam. P,1 I of such appointments shs.11 be made uppn merit and fitness alone*, (3) To wmrcise general superrision over all private"LY Owned pub- ic Vti]-Lities operated within the City so far as the same are subject to mimicipal coratrol. (4) To see that the provisions of Pal franchises., le�aaes,, permittz and privileges s, granted by the City are fully observad,, and to report to the Council any violation thereof, (5) To attend all meetLags of the Council "Lnaws e=used by the Council. (6) To act as an. ex. officio :.,mvber of all boards arud eomAsslons. (7) To act as purchasing agent, for all depart-mente; of tha City- pro -wrided;4,, S however,, that he may designate scmae officer or eq;Layee of the City o act as assistant purchasing agent, and to perforin the duties of the pu=hasing agent. A3.1 purchases shall be made by reqisition sigyped by the City Manager. (8) To emrtw or cause to 'es=xIned, vithou¢ roti es, the official conduct of any, officer:, assistxant., de-puty,, clerk-, or employse in any of the departments of the city caws- maunt, e ---wept of the Counwe-U" (9) To keep the Council advisee, as to the needs of 4.11-0 "Llitya it to the Council the arnual budget estiU and d (10) To prepare and sburs: 61 such reports as may be required by that body,, i=-luding the amual report of all the departments of the CitiYe (11) To prepare, or cause to be prepared., plans and specIz-fica!Lions, for, worl: which the Council may order,, coming under his svpaziris.ion; and to provide awh plans and specifications in sufficient number and in aqple t-.0 g-11- e full opiportunity for all; contractors who deelre to bid there0r, to do so,, (12) To have control of all public utilities ouned or operated by the Goity". (13) To lhiave genera2x, super .cion over all City propexrt,:r and its use by the public or City emplo,%,rees, (14) To imke such recon:dations-'Ijo the Coimci.!, or Boaxd of Equalization regardi-rig the annual ass- v-ssmant roll as he may deem advisable, (15) To act as Fersonne! Officer of the City., if A- FersonxaP2 Board not. been created by the City Gfou:aeil as provided In this Charter. (16) To devote his entire time to the discharge of his official (17) To appoint such advisory boards as he may deem to advise or assist him in his work, provided the members of such boards shall recet;re -,0 compensation. C" (18) To perform such other duties as mayr be required by thf s Charter car a the Council may require of him. (19) From time to time .s in order to facilitate the prompt, economical. and efficient dispatch of cnity business., to orgzzlze the 'mark of the deDarmient under his contrcL. to zzsign ass-*st.-,,z.ts,, daputies, W d ;k ees from any .L 4 V, , . - office or depar-buent of the City gcyovernmenv�'to 2erform such work o- sern' 41 .ce in colLneevion. with any o -11 -her office or department t?,.ereof,, or to work in more t1han one of said offices or departments; provided that no such change shall affect, the pouers of duties of any elective officer of the City. rection Bo6. SEATS AT COMKIL MIWINGS, The City Manager and such other officers of the Civy as may be designated by vote of thy; Council shall be entitled to seats with the Council, but shall have no vote thereLa. The City Manager shall have the right to take peat in the discussion. of an matters co-Adng before the Council, . Section 807. CITY X&RZER ORP T911 - In case of the absence of the City lflAnager,, or his temporary &I sabi-1-ity to act as such,, the Council shall appoint a City Manager pro tee who shoU posess, the powers and dischaxsp the duties of the City Manager during sach absence or &-sability oalyj provided,, homever., that a City, Manager pro tem sluCl. have no authority to appoint or remove any City officer or employee e=ept 9.r*,th the f our -f izfths vote of the caw-zil. Section 8.X, ASSISTWIP CITY MAYUGEPA. The City Council may provide for the sppolztment of an Assistart City VAnager, In such case he shall be sqMinted by the City Maxager and be =--ler his supervision and direction. SC_ ,ct,j,- ,n 809, Ootj)�JCTLDIT*fiRFERKICE IN ADMINISTRATIOD. No :nember of the Council shams 13.11 any z_=mr, diractly or indirectly, by suggestion or otherwise attmpt 131ge 'V to coerce the City Nanagger in the malang of any appointment or removal., or the purchase of supplies., or attAmpt to exact any pr(hmise relative to any appoi:nt- mant tr= any candidate for City Manager, or discuss,, directly cr indireetlyt With any such candidate, the matter of appointments to any City office or employments. Amy violation of the foregoing pravisions of this section shall constitute a nisdemeanor Said S"a-11 WOfk a forfeiture of the office of the offw-ding member of the Cvancil,. who, may be re -moved therefrom 'by the, Council or by any court of Competent JurLaclict-laa, Nleither the City Manager nor any person in the employ of the City she -11 take part in securing., or shall contribute any money toward th,e nominetion or electim of any candidate for a municipal offiesq seation &Q. INUO:GIB11E PRESONS. No person related to the City Manager by coan"s,nguinity or aftiritty within the that: degree shall hold any appointive affi6e, or emq?loymmt urlth. the City,, IS rticle it iYUTTES OF OFFICMS Secticm 5K0, XLYOR. The, 'Kayoi- shall be the presiding officer of the City Cowes P"Ild shall ba -;P", a Voice and, Tote s all its proceuUng ga but shall, not have the poor to vvvto -any action- of "'he Ccmncilo He shall be the official. head of .the City for all ppxr'posea, He shall sign, all official dccamnts when the signatum of the Co-1mcil payor is reqUxvd by law, He sball have the power to administer mUm =1 afftimietionso FA-, s!•A:.l perfo-is all other D07mrs granted, in this Charter anti thea lam of the State of Califomia, not, herein modified or directiv authorizPA 1-11- the office of City Manager. The City Counci-I shall des ig=U one of its mmben Mayor pro tempore during 'hin atsance� but shall fill any vacancy in the off ice for the um=pired re&sinder of -the reegular tam of the Mayor. Section 901, CITY CUORL" 2'he City Clark shall be appointed by the City Council as Claft of tbe Coumil and shall sem at the plowure of the Council. -49 sban 42 attend &U Meetings of the Council and shall keep a f 'ull and correct reeoxrd of the proceedings of that body. He shall keep one book contain- mg Vae mizutet; of the Council,, and another containing the correet tiranscription of all' ordi- nances and resolutions passed by the Councll�o and a racvrd that each I-= been published as required by law. lie sha,11 condmvt all --orres.-pondence for the Council and its con-atteesa lie shall be the cuatoU�an of the offici-el. seal c,1,' the City and shall be the sole official to affix this authentication to official documents of the City,, He shall administer oaths and af-'firrvationslq take affidavits and depoations pertaining to the aff&Ly-s of the City-,$ and shall cer- tify copies of all. official records, He s3hall be the custodian of all records'., documents, books, and official papers delivered to him for safe keeping. Section M CITY ATTOILNEY. The City kttorney shall be appoint -ed by the City Council and shall serve at the pleasure of the Council., llie shr.11 be a&-Atted and qualified to practice b -J -ore 151he Supreme Court of bbhe, State of Cal-ifornia" All other thinge being eqjal, an ettorney who has ha -d special trair-Lng in =MdAipal Corporation law shall be appcimted to tl-b-s office,, -111 practicab"Le" The City Attorney shall be legal advisor of the Cvancile and all other cit,,,r offieialsjp boards# and departmmits, and when requested in uriving for a legal opinion by arq city official or the head *f =7 departm&-A, of thy: CiSy car-cerrza'g, City business* his opinion zmist 'be given in switing. Hs shall receive a sal ar;- consensurate with his duties and respons.'Y-Ilitles aad in addition thetovzlch reasonable fees as the Council may a22ow for suAta and prccsediugs before emy Court.. board,, offeiers,, or awmission when conducting speci a-1 proceedirngs on g behalf of the City,, He shall prosecute all violations csf City ordinances- and shall draft all ordinances,$ resolutions, contracts, amd ottk.-&er legal docLin.eats and instruments required by the Council or, City Manager, C� Section 903. APPROVAL Or, BONDS 07) CONTWTS. The City Attorney shUsl appr(.nre as to form all official and other bon&s given to or for the beenefit cdt said City,� and no contract shall become enf orceable as agairzt said GJL V- -4thowlu 411 -he endorsa,- ment thereon of such approval, Section 904, ATMIDANCE AT COTAICIL K&STINGS. The City Attoraey shall parf on,-, such other legal services as the Council may direct and shat )- Ott ind all mee�tjngs of the Catuacil ul aess er--.;sed therefrom by the Council. Section 905a INABIIaTY TO ACT. When from any cause the ciiq- Attox-ney is Imable to perform the duties of his office, he may,, with the coziduct of the City cicroncilt OPPOint, SOMO Other qualified attorney temporva-ny to act :Ln 11 .s place,, qnd W4nez- evers in the judgment of the Council., the interests of the City "require it., it Ay,, upon recommendation of the City Hanager3, employ assistant counsel, Section 906. RECORDS. The City Attorney shall deliver all books, records,, papers, documents., and personal property of every description owned by the City, to hds successor in officep and the City shall provide a means of safemardizi-g the san�;,, Section 9T. ADDITIONAL ?OAWS AND DUTIES, The City Attorney shall possess mah other powers, and perform such additions ll duties, not in co.,A73.3.0t with this Ch&fter* as may be proscribed. by ordizanr�e,, or J;zVosed apon -ILhe chief legal officer of municipalities by law. (L 43 908. ASSA"SSo or assessizi Section -a, if a contract with the County for g property C,- mnicipal purposes has not been eutered into as provided InBrei nthen t hk , issass, p I shall be appointed as provided by tl-D'-s Charter. He shamsMIKe assessmeriz-8 Of property as provided by State law.9 lay this Chaster., or by ox Lice, He shay be the custodian of all aase-asment books,, naps, pleks., all other record.9 and property appertaining to his office. The City Asses,, -,or sha.11 have pow-er to ta-ke affidavits avid adrdml&ter oaths in all matters relatim to the, assessment of Prop"Otro section 909. CONTRULLM. The Council may by ordiP--*-nc,8 cmblna the offices of City, Cjerk and Controlierz, but if not so cOMbined then the Cantraller shall be, appointed as prov-4ded by this Charter. He shall be the general aze-owatart Of the City. He shall, establ-ish a uniform systera of accounts and bcdtkeqqJ—ng for the City and an its off-�ces, cLepaments and boa& thereof. F4 *zl rscPiVr and preserve In his OffIce all accOmts- boexa$ vouchers do'--;Wz�ts and popers relating to accounts and contracts of the City$ its disbursements. revenues p and other financial affairs, He shall keep an accouzint of all M-MaYs Paid into or oxxt of the Treasury., and shall draw and sign all wararants on the Treaamr for u hwivided in this Charterp past of money out of tbs Tressarys, except as ot.erse pro by ordinance., or by general law. .,4e siA11 submit a nionthly statement of an reftipte and disbursements to the Ci:ty Council h.-ough the City Manager, in suffici^xt dztail f Is V to show the exact financial conditjon of the City; and at the end of the -".seal ". Cal eaV submit a complete financial statenm-t and naport. A-12 orders for the purc-hase of goods., materials and supp3les., and an orders or cantractsproposed to be enters, into by the City by virtue of which my money shall or merl bwo.-w - paya�)"e by t---ne City,, except contracts Vne expense of which is to be paid by assessments upon properties benefitted or affected thereby., shall before becoming effective: or - behalf of the City., be presented to the Controller and have endorsed thereon his certificate that there remains unexpended and unapplied in the City Treasury as provided by this Charter., a balance of the appropeiation or fWA appliceble thereto sufficient to pay the estimated expense to be -incurred during the then current fiscal year under said order or contract as estimated by the Board or officer making the same or that adequate provision therefor has been made Ln the tax levy, or by other revezraes to be received by the City as estimated in thx budget. It shall be the duty of the Controller to make such endorsement upon every such contract or order so presented to hire., if there re!nzL-Is unexpended. and unapplied the said estimated amount in any appropriation., Lands or tax levy, or other eetimated revenue applicable thereto., and thereafter he shall hold arval retain the same amount to pay the expense to be incurred under said order or contract until the same is fully perfor-,ied and eigpenze paid. Section 910, TREASUM. The City Treasurer shall be appointed as provided by this Charter, lie shall receive and safely keep and pay out as, directed In this Charter all moneys belonging to the City and all moneys received by or coming into the hands of any officer.* board.* department or employee of the City;, arA sha2l keep an exact account of receipts and disbursemenfts,. He; shall submit mritten monthly reports to the Controller showing all, rece-1.9ts, disburswentsp and fund balances. Copies of these reports shall be filed with the City Manager. Section 911, COLLIECTOR, The Treasurer shall be ex-officic Collector of taxes and licenses. He shall receive and collect all city taxes., city licoiises, water rates, and all other classes of City Revenue not otherwise provided in this Charter. M Section 912, NEWLTH OWNER. If a cxmtract with the County health Departraent- foz- no.,. entered i,,,.to as pTovided herein I its servicea for ths City is then a I'le-zO,th Officer shall be apponted as prcrAded by this Charter$ The Health Offi.ie� be a duly licensed plxysiciarl under -�Qhe laws of :he State of California a person trained in public health wore , He 6'."all have all the .,)o-rzers anud. be s,6-,jCc--- to all ,,be duties conferred upon heeLUh officers and boards of health 'by t -hr, generall laws of the State, and such ot..her powers and cjutjes as zntay be conferrer - by ord-:"Ance. Section. 913. car -LBF OF 11MICE. Vhc-, of Fol ice sahall be appointed as pro-vided by this Charter, The Chief of Police sha-U have -,;sneral --oaynand axxi contnA over the police force. He shaja have pow.r, subject to the approval of the City' Manager., to make reles --.rd re-gulations arid. to v?po--,,-nt s,�xh police ofVLc,.-,,xT, Arld. other employees as be authorized by the Council. UotAcm 914, FLU talaiFF, The Fire Chief shall be appo:-ntr-d as fPrxr--Ldqad b."' th-.z CheAer. The INI-Ve CPief shy ta hxvre general control cirer fire protact-isin and PIS - Man ager,,, tro vention. He shall haure .0clatr subject to the approveapproveof 'the City a L Mgke rules and regUaticmts, and to appoint such, and. other subordinates a-$ naiy be autw-rized by the Council., tendeYYL^ of fib'? 'W'cryu; Section 915. SUPERL1T&"-]NT OF PUBLIC wu?,.M. The Supetl-,A I shall be appointed as provided by this Charter. This office shall combi-ne tba duties usually, assigned to a City Faiginser and a Street Suq-,erinter-adent by a. or by general law. He must be an engineerp who has practiced- his prore=sion --elCt less Chari five yeaxs, and registered by the State of C&Uforaia. JAll otl-ler t1ainkrz--s �p Lin a bei-ruy, equal., an engineer no has had, apecial treLning c,,r e7 eri r= 110 1 engineering shall be appoLyted to this office., if practiedELe. fie shall posstmi,32, the same power to make surveys., plats and ceewificates as ii given by 3a -vi to ci-'6y engineers aLYA to coiwty surveyors. He shall be the custodiw of and slliall be responsible for all maps, plarx.,, profi-les,, field notes, anC, other records aanc� nzamclr-, Wula belonging to the City and pertaining to his office and t1m- work thereof; al]. of which hes hall keep in proper order and conditioni, with fly,.indices shaill ttarm over the same to his suocessorq talkirugg frw, Um d-uplicate :VeCP-ir;ts therefor, ane of which he she -11 f ile� with the Clerk. A.11 i m-ps , prof il es., f -ield notes, estLaetes and atter memoranda of surveys and other Professional work Made or done by hi�u or under his direction or eontZ-01 during his teril� of off"' e or -that ha may have received from b --"Ls prpdecessor,. shall rerAin -i,hde 1:a-opeeby of the City. TFIGIO. The of Afs.-.Uc L-0 Section 916, STFo-,ET SUPFRINTENDIMIT EX jil 1.110�� shall be ex -officio Street Superinttenderet and as sijoi suLall nex-a the gene -r -al ��are and supervision of streets and or the maintenance and repair tl�ereof and the and custody of tools and implements belonging to the Cato and used for st-reet construction and repair. Fee may employ such foremen, lwoorers., a:aid othor amploy- este, subject to the approval of the City Manager., as the Council y anthorize. The Street Superintendent shall perform such da Ues as may bc, prescribed., now- or hereafter, by or�ice or general "LEws of -the Stats'. NothIng herein ccs. a: Cd shO-1 prevent the City Manager from acting as Super-L-itender', Of aubliv Works and ex -officio City Engineer and/or St. -neat Sup e-mintendent and filli:a7, sl ch offices as herein provided, Section 911. PUBTAC li"TIUMMIS. The Superintendent of 111'ublic 11orks tae- chargeof the maintenance end aperation of all pub-lic utUlities owned arZ-'. cvper- aced by the City* 45 BOARDS A11U) COMISSIONS 3ection 1000, B0,M OF FEDUMLION. The 0011trol of the public sclhools of the San 01bispo School District and of the Junior lUgh School, Senior Figh School d ,, an Jw_or College situated Lithiathe bow--daries of the San Luis Obizspo High School Disti-ict shall be vested in a Board of Education.. -Which shall consist of fi'r'e mmbers -nomi-n- ated and elected from the San Dais Obispo Fligh School Disteict at large. Section 1001. ELIGIBILITY. A person eligible to be a member of the Board of Education =st have been a resident and a Tac,01-ified elector c-11' the San Luis Obis-f.,o High School District for at least taree years preceding the date of his elect-dion or appointment. Section 1002. F0bMS AND DUTIES. Vlhe powers and duties oll the Board of E-64ication shall be such as are prescri1-ad by the Constitution and Laos of the State of:' California, Section 1003. ELECTION AND TEM. The members of the Board of Education s -hall. serve for terms of four years fron, the -fifteenth day of May at twelve o'clock noon or until their s,.1ccessors are elected and qualified. The Board of Mducation. in office at the time thde chartor is approved by the, State Legislature- shall coln't-1.71,11e in office until the expim.tion of tha 11-.erms to iihich the m=ifb-rs tY4ereof were in- dividually elected; and thereafter, at each biennial election, there sha]_1 be elected members of the Board to fill the terms of the members expizzdng :bn t:,lat. year,, All vacancies in the Board of Education shall be filled by a vote of the re mining mambers of the Board for the =expired term ithoreofi, Section 1004. COMPUMISATION. Each maDber of the Board of Education shall -receive five dol? ars for each, regular meettrig of the Board of *Educetion 4hich he sha!! attend; provided that he shall not receive more than twenty dollars in any one mont1h. Section 1005. LIBIURY TRUSTM3. T11 -le control and acl%knistration of lbhe S&I Luis Obispo Public Library shall be vested in the Board of Library Trustees -which shall consist of five members appointed by the City Council for four year term. The first board to be appointed wider this Charter shall be chosen three members for a four year term and two members for a two year term. Thereafter -1--4he Coulicil shalal appoint either two or three members each two years., respectively. Any .-Ocanc-y in the Board sbal3 be filled by the Council for the unexpired tern. Section 1006. POMRS MD DUTIES. The powers and duties of the YLbraz%y Board shall be such as are prescribed by the Constitution and laws of -'tha State of California, and by ordinance of the 'City of San Luis Obispo., &-id to niaks and eaforce such -riles and regulations as may be necessary for the operation of the Library,, Section 1007. LIBRARIAN. The Library Board shall appoirrb a City Librarian who Siralll_ be traimA and experienced in library service, Section 1008. RECREATION COMMISSION. There shall be P_ Recreation 'Vommmission consistL?W- of five members who shall serve without comzrisation. The members shall be appoirted by the City Council for four year terms. The f-1.rst board to be appointed under, this Charter shall be chosen three members for a four year tenor and two mie,-*ers for a two year term, Thereafter the Council shall appoint eitiler V-!ree or two rw.bers eacla two years respectively. Any vacancy in the Bca-rd shall be _'Med by the Courcil, for the unexpired term. M Section 1009. POWERS MM DUTT.'. The Ececrea"oL Ccouxi��;s-loa zi-,ail regulations for the proper conduct of its business and for the administration ol" Public recreation for the arty. The Commission shall provide,, conduct and supervise public parkss playgrounds,, athletic fieldsj, recreation cent-Brs,, and of ser rs-creat-onaj facilities and activities on any of the properties ozied and ccTnt-roiled b, -,,r the Cit;r or on other properties with the consent of the aw.ers or authorities thereof. It Shall have the: power to conduct any form of recreation or cultural actic itis that Td employ the leis taeltime of the people in a constructive and wholesoTae in mer. 4- Section 1010. SUPERINTMMT. The Recreation Cczrudssion shaV ll have the ,)ower o appoint or designate with the approval of the City Council. a Recreation Di -rector who shall be trained and e=,seienced in roemation administration, Section 103.1, MANCIAL SUHM. The Recrealtion Coruaission shal-L submit &a annual "budget request to the City M-saiager and the City Council for support of its activities: but in additions shall have authority to receive gifts and bequests of money or Wher real or personal property for -'#Jhe further!.ng of -mcreational or cultural facilities of the people of the City. Section 1012. WOIRTS. The Recreation Commission shall ma"" c ffuUJI and comp-le-te m. monthly and arvaual reports to the City M&-nager and the City CoLncil., ands-L:,eh, cthar reports as nzy be requested "by these officials. Section 1013. PUMNNTL BOARD. The City CouncUl may appoint a Personnel Board consisting of five raeer4bers tffio shall serve without coxVensat-ion for four year. tet'm-s'� A maraber of the Persoi-viel Board shall not hold a public office or aqploymment nor -,e a candidate for any other public office or position amid shala not be an officer of any local, state, or national partisan poli tAcal club or organization, '41"ne first Tree Board to be appointed under this Charter shall be chosen -'Ghree members 'L or a f o,= year term and -two members for a two year terra. Thereafter the Coun-cii s -'nail appoiln, either two or three member—, each two years respectively. Any , y ' -- -0 _ irecanc Ln -he 3 ard shall be filled by the Council for the une,,Tired term. Section 1014, CONTRACT PERSONNEL SERVICE. The City Council shall have the polm'_r to enter into a contract with the State Personnel Board, or any other .govez ental 11 I'M personnel agency, to furnish personnel services for the proper selection and management of employees of the Clty. The Board shall also have power to enter iirto contracts for limited periods of time with expert., technical, or scientific senriae in the installation of raw -agement of a personnel system, Section 1015. RMM AND RWULCIONS. The Personnel Board shalx have t-ne pvaer., and it shall be its duty to divide the officers and employees of the City into a classified and unclassified service,, define the duties of all positions in t1le City service, establish with the approval of the Council, proper wage and salary grades for all poaitions, a&airjister entrance and promotional exazdmations or tes-ts, and provide for rules and regulations for the control and management of the persomaell of the City. If the Personnel Board is not created by the Council, its powers and duties specified herein shall be exercised by the City Manager. Section 1016- POLITICAL ACTIVITY. Any employee of the City who is in -the classitied, service shall not take part in any municipal political c r; an gn.. or in securj�,,, contributing,, or soliciting � eL L g the contribution of money towards the nomination or election of any candidate for imnicipal office in the City. Any person fouTid guilty of the violation of this section shall ixned-iately forfeit his office or employment. 47 The Personnel Board, or City lie-nager if the is is not created, shall have e1harge Ff the enforcement of the provisions of this section and tto decis.-Ion an :,-ny caves arising thereunder shall be final and conclusive. Section 1017. SALARY AND WVIE !SURVEY, The 'Personnel Board r t City r - .L;j 1 2 o the U- Flanager., shall once each year, make a study of salaries and z-axes beipc, paid, in other pi;.bllc and private agenciesp in order to ascertain Ifhather the sa-L,--�ries and wares being, paid the City officers and employees for sini lar work are comparahlle,, and make recommendations to the City 'Council thereon. Section 1018, hETTREr4Z4NT, 3TATE SYMMA. 'lie ^ity Cojmcil is empawe?�ed lo -r-,.ter Z V - ki - into a contxnzet- t-,rith tl-,*.,e Boord of Administ'raticn of the Califo.,rmia State Emp3loyee.'s Retirement System.. as it ao-tv� exists or may hereafter be axwndedlt making, the appointed. officials and emplo, ,fees of the City of San Luis Obispo, includixig the c=Qa%,as of the Public Librarj,., rneDfbers of t1ze said system.., and for this purpose may levy a tax sufficient to pay costs and expenses of the share which the City roust contri0butk, to maintain employed participat-ion, It is provided,, howevtr,, that the City Council may terminate this contract with the Board of A4;;d.stration of the State &;ployeefs Retira=t System only upon authority granted by an oz—Jinczee adopted 1by a majority vote of the electors ol-,L* the City voting, on such a propoeition at an elec-ion at which such proposal is presented. Section 1019. ?L IM C01,12USa.-DON. "Lhaare a -hall be a City F.Maning C012jission of iax members who shall serve i4thout caqpensation for a four year taiv.0 The first Commission to be appointed under thda uharter sh&U be chosen three members for a four year term and .three membars for a two year term. Thereafter the Council shall appoint three members each tTvo years,. The ex -officio zwbera of the Planning 4 ommision shall be me member of t1he City Council elected by and froin that bo4yv the City lianager, the City Attorneyo the Superintendent of Public *rM. Section 1020. POWMS AM DUTIM, The Planning commission shall cause to be prepared, a =ster plan for the phymicad. development of 11.-Ihe City. This plzm-,, aftter m;rblic hearings, shall be presented to the City Cvancil for its adoption,, and subsequent amendments or repeal* It shaU emmise all supervision exd control over the establishment and planning of land subdivisions v4thin the City car Withizi terz-1tory granted to it by the Lars of the State of Californiae It shall make recowrand4a+,,jow concerning all municipal public works, reareationa,! araasj, c2.eaz%=q -2je re-ouilding ,Af blighted to substandard wmas,, and exerci-se ,ruch funcUms with the -respect to zoniug the are" and u&e of public and pri-,,rate .and as y be pres-cribed 'ny ordirawe of the City Counailp and the.moi is of the Sitate of California. Articl; e XI POLICE Col -1911 Section 1100. POLICE J 00-13. There shall be a Police Judge appointed by the Coumil for a tern, of four years. If practicable,, 'he shall be an aeAAttee, to the bar of the Suprwa Couit of ca!yfcrnia.* Fie sban be judge of Itirm Poljce 0 ourt j .1 wbich is hvreby establlilshed.. ,and which my be consolidated 4th the justlaa Cou&-t noxi fmcticn.iag in tM City of San Luis Oblisj--�o* The Police Coi4lt. is?.all have jurisdietl,w 00M=Tently bith the Justicest courts of an actions and proceedings, civil, and crimiaal,, arising vithin the corporate Lndt of tjxe City &&j ithic , glzt be tried in such Justiceal courts- Ds h I d, and said PoUce Cvjzt sha-11 have e=lusive jurisdiction of all actiaas for the recovery of any fineDenal. ty or fcrfeitu ., t re prescribed for the breach of =W ordinance of said City, QZ all actions -founded Mz 4' ' T^ 4"Y'�'�'f'yyyy--,,,py/�yyCY1}(��,�yy ; ... v # ^ * nd a .. .. '+ .. v a:l'+.-Y.94 _ ..d.{.+1 J.11 a]�V �^• .. a - {J. mind! aL it! ,•, +� Taut, 4' ' up(z wW oMigatio(rL created by any ordinanca 'thereof * and of all prosecutiou� violatim of any such ordinance, In civil WtiOus where the fine,, peaalty-,t W- ;'orf Oit;; 7M prescribed for the breach of aW c&irWDC6 Of the City is o-.,,er one hundred doU.ars,, the defendant is,, upca his demandt entitled to a jury, Except as in this section otherwise provided# the rules and practice and viode of proceeding in s.,!.Ld Faice Colart, shall the so= as are,, or my be prescribed 'by law for JusticesT Caurts in, like cases- and appeals wW be taken to bbe Superior Co -:-rt from all judgments of said Police Couxt, in 11M manner and Frith lflkm effect as in casos of appeals from Jusviacol Courts. Section 11M, POMS OF JME. The Police Jadge eba2ll have 0.1 powars azld- pr -r x -hem the b duties of a magistrate and -mwj aLVjzister and certiPj oaVhs anc; affir--,)ations and -take and certify ac'mow"Iedg-ements. He shall T=3ce such pe-Viodical reporta as the Council mW requirso Section 1102, IKABILITY TO ACT. In all cases i. -a -Zlrich V -La Police Judge is ca paxty,; or in which he is in-terested., or -w-hen he is related to either party by conazaiguinity or affinIty Wohin t0he third degree,, or is othemr1se disqualified., or in cars of sickness or inability to act,, h -as or the Mayor,, if he is unable to act,, :ray cail upon any Justice of the Pea" rasiding ka tl.,je County of San Lals Obls,,.-4 -to act in W -z stead# -rt ar Section 1103. JUSTICE OF THE PLACE. The Coancil may, 'air ordinxice, appoi.- y Just Ice of the Peace of the township In 'uhich -1.2he City of a -r- Liris Obispc is located, as Poi*ice Judge thereon", regardless of his residence, Section 11040 RrCOMS. Police Judge shall keep a record of the proceedings of the police Go= -t in n -U mattxrs and cases before said Col rt. Separate dockets shall be kept for civil and crirdnal cases* A32 recordsq files and other prcperty of the PeUlca all tne the :,.*ecords.. files., ard property Court under the preoeding, Charter of the City s,' of the Wice Court ar said City created by this Charter* Sectio--. JU5. ROCEMS. All finesp fee -s', forfeitures and costs collected try the, Police Court, shall be paid into the Gity Treaaary within forty-eight hot;.-,-., fron or 'lie nex� working day followim their receipt, Section 1106o CONTINUITY OF MLCMMGS. All actions and procewLings pen&lxg and undetermined in the Police Court under the preceding Charter., shall be proceeded heard.. tried and determined in said fol ice Court herein established, bexree the. Police Judge thereof . as If suiwh actlon or proceeding had been origdn2.1ly coe=ed therefts Section 3.107. CIZU. The Council may create the position of Clerk. of the Police Court when such position seems justified lb -,yr the business of the court. The Ciezic of the Court shall be empowered to admiriister oaths in accordan-rce ie,-th State law,, Section 1108, trJRY FEM. The City Council shall provideE^ncr the payment of fees for service on the jury of the Police Court of the City. Ar%',icle XII FISCAL ADMINISTFATIM Sectica 1200. EXPEIMIAMM AND INDEBTEDNESS* No money shall be expended and no indebted- ness shall be incurred an behalf of the City, for any purpose, tmillass Wnd until -the saae M sWal have been authorized by ordiarLnee> resolution or orae of tine C;ouzacii., or is of bonds: by vote of the people. Section 12a, PPMEWTATIOE OP DWo-W. All de-,'E=1z against the C -1-16y beforo be— ing N*Ads be presented to anal approved by the prcpsar Board, Comniszioiaez, or as herein provided. Den&nds for tdach no appropniatior, has been rnude sh-Q-1 be pralsented to the Council; and all other dwwds shall be presented to the City Kwager; provided,, that WW penon dissatisfied wi-th the refs sal of tae City H&nager -to appro,:te axj de,a-4,7 in Who or in paxt., may present tl,-Le 3arue tc te Councilljroal f such dw,-And ., amd the ovo a�L by 8 three-fifths vote of the Cotmeil shall have the ser e ef f eat as I " ts -zpp.-:-oval 'by tan -c: City Manager, The Council sh,=_U provide for a petty cash f mid to, bi-, paid to, the to"ity Manager and used by him. "L'Or pT�mraent in cash of eipenditures provided for in tho 1mvig-eli-OS tMb Cat of Conveniently be paid othsrtrise. He shal! ace _' ' L .for all OUM to t4,9 Coune2 Wrayv paid by Kira out of said fund when naking demand for the rep."V Lw.-ishrment cX t1ip Wno$ and at such otd-ier times as the Council may requL?e,, and theyshall th.ereupm be e - Charged against the proper appropriations. The OJI-ty M=nager may be. author",zed. to or -pend, or tLuthorize the expending of. not Iva exceed f im hundre-1 ddllars JU-1 qpen marketXaj-chasc,- without advertising for bids for supplio5j, materials, and equipment in im-m-adiate aelmande Section 1202. AMUMS ON TR=TJRY. All demands approwd by the propar Board,2 Cor.n7-',8- sion or Officer shall be presented to the City C-=trcL1er -t&o sliall e=,,-,jr the - sa. and if the amomt thereof ic legally due and tie.m. on this backs an une7liaust;d. balance or an appropriation against which the same may be churged, he shall approve su'Ch demand and d--,xw and sip. his warrant on the Treasurer therato.r. payntble out -_f the pro- per fund, Objections of the CwtW_aer to any demand may be c-;;e1%_nLJed by a vote of the Council and the Co-atroller sb�0_1 thereupon d2:zal his -��rxrant as dim",cted by the Council. Such varrants., when presented to the Treasurer, shal-2. be paid by h:L-,,, out of the fund 'therein designsteds if there be sufficient money in such flidfor tl-jaj-, purpose. A warrant not paid for lack of f -ands shall be reglst,-red, amd aU registered warrants shall be paid in the order of registration when funds are s7ailabie thcnr-yTor; AU such registered warrants shall bear interest at the rate of fo-lur per cent per -P annum* The Controller shah, draw his warrants for payments of MiniC.iPP1 or other bonds payable out of funds in the Treasury upon presentation and surrender of --the proper bor,,-,- or ooupms without approval or any body or officer. The Counc-al may make firne re - lations by ordi:r=ce regarding the presentation, approjaiD and pa, L t I Z' 97,2 the City,, not in coiiflict herewith, . . yment cif dam�Lads against a a ro asu_ry the Section 1203* ACTIONS AGAINST CITY Uo pay,-aent ShAall be 1111t-dz f- r, the 2re of - Cit,Y-- except as ot1herwise provided by law or-t�-As Chax-ter, e=apt on dem&rds presented axid APProved and warrants drat _n as hereim or PXWridcl�d, INO action shall be brought on mW clazUi or demand for inane y' or da -mages agaiin3t the C-j.t.-)r or ate- Board., Commission or Officer t1hereof, until a demand for the mim has been presanted as pmv-id,_,d in this Charter or by ordinance and rejected in whole or in pa&,. If rejected in parzt,,., action my be brought to. recover the Viiole. Nor shall any action be brought qT30n arm - _ such detuand that has been approved in win-cla, as herein or by eordimnce P rovid9d, tut 'I nothing herein contained sh-&11 the holder of any demand frol-a reeortj4g to proceedings to ccpVel OUY Offiwrj, Board., or C=, tLss-ion to act upm a dexa-z-A or to �y a demand that has been properly alloved, Section 1204, Ma MTRY CF clTy MpEaTy. At the tji , e for prepar:Ln- and zubm,* tt-Lz-� bWW,, as prescribed in this Charter, a completie inventory of all e' g the 1)o-I'sons-1 property belonging to the City shall be prepared and filed with the City Oleerk,, and shall be subedtted to the Council by the City Manager at VIP, ti -w__- of submission of the amnual bmet. Such inventory shall be Prepared under the direction of the City Managers all chief officials and department heads of t,-zr, Ci t.Y sha,112 be f ': 0 resp cwibla for making and tr=sr-itting to the City Manaevr a fall =zd correct iianrent,)-,,,11 Of, 1- � y 50 1 —1 pareo-nal property in thein- powession or upAav xursel� Section 12055. ESTIMATES AND OGT56The fiscal year of the City Shall be-g-f1y', --n the, first day of J'aly. On or be:tora the Zirvt day of June of ear. -h the city- han&ge shall subrdt to the Council a proposed bud,m=,t for tMun,,Ap&?bk Utdlitt, is Department wd a p-mpozed budget for �ether depa:-%*ments t-0 Too ium-tm ais the Genernza Budget. Said budgets shall irclude the estimates for all the revemaes �&-.d of the City departments for the emsuing year, These est:Unattas shall Im- coo piled IE*rm detailed information obiained frcrm the several depaitnenix an Iblanka to lbe furnishad, by the City Manager,, T'he classifica-ItIon of the estimates of expenditazw shr-111 ba as nearly uniform as possible for all depart-meifts , aiuJI. shall give the fOUC=",--g- iafw� m4tiorl. (1) A detviled estimate of the expense of candy cting suoh department and office of the City for thle ensuing f ycar; the 'A)Jects of expenditure such as porscral service,, ccatractual ser-vrice,, -mateezals =nd supplies, equ-ipment., capital outlays. and !:axed charges; and furt'her con- solidated =der f1mds, organization units and character of e:;Tend"t-nra--. (2) 31.xpenditkires for the corz-asp=ling P,�eno for thhe c",.irreent year and last precediling fiscal yeax vit-h reaaaw fog in%crea.,.3es zuid decreases recam-pended as corpared with, apprm, riatbiorx fov the current, year. (3) The tot&I value of sappy .es and r,.iate rials on hand at -I;!.'Ie dnatooff Che preparation of the estjxz:Le, (4) The total eon;o-un-b of City debt outstanding together With a schedule of maturities of bond issues by depart.,aen-k,.s,, and a, st te a ment of borrowing ca.-pacity of the City. A statement of the amounts w+-dch should be appropriated: (a) For interest or. the City debt (b) For paying off any serial bonds i-natur-ing duaring the year or for sinking fund requirewnts; (a) For other fid charges, ' the� =ount, which sbould be io W I t (6) An estimate of C t'i Igen Or emergency purposes* (T) Al. iternization of All anticipated revenues of the City from smtrre,-s otilc-r than taffies, shown by departments, (8) An item to be Imown as rtunapprqpriatedl bulanc�e" -jh ' I -ch evm, shall 'be available for appropriation 'Later in the fiscal :,rear -�O " Imeej. c oxnt:Lngencies which might arise. The buk-at -may also contain ar, iter,-. to be ka=,n as the "Cash b" -IS furdu which sharl be carried over It.0 the nen -t ensuing fi`c&j Gar following the fiscal yea- for Which the budgeL is prepared. to Taest the Cash requirmwts Prior to the receipt of ta--�ms. An estimate of the amount of money to be raised from, tams, the -�.ux rate., and bond issues which,, �dth revenue from other sowrces,, =O.(j be - necessary to meet the expend -i -tures pzroposed,, 51 (10) A long—tiffie, pro'erra"M of -proonaed av'Ai-{" 4- g listed in. order of relative ij4porte-ace wid. spacii-jing done by bond issue, by or thn=gh vzra of the Capital 012tlay kux1' -ation as mazy be requilred by tia Counc- ij o�as tk�,a (11) Such other inform Manager may deem advisable to sulxDit. (12) Sufficient copies of such proposed 'budgets she -11 'be pr par -ed, azd that there may be. copies, on, -file in the office of Vae C-, !cr tB ,.e .ek I -I i ct of the public and one --,apy of each i:udget fuzmisheid eze,11 ynajeafber Of -Ithie: CmIcil" The Council shall have DOI'Wr tore—.Ise, cormet, or 7.,odif�y said 17aid el -Ns in any particular. SeCtim 1206* A-PPROPRIATION-R. kfter considering said p the k"), m-5LI proposed b-alZetc., Om�nc�a�- fix a time tor holding, a parol=.chearing upon a: eh P11,0:1,jall time fieri fear said bear ".ung one tir-a in the officillal rnewzparaar at C"ays befors the t# -De of meeting, hitter said heaxin-the ""vancil Lnry Iti-they, correci% o.c xo,-jt_,fy C-31 - proposed budge"I", and sW3.1 t7 resolution, cwxurred in 'by thro-e-3"U""'�!-z of slag .1. -c:: adopt a Municipal R*blic Utilities Depeartzaant. bud17-'Ot and a 3udge,!; and authxx-riir-e the tax levy to Meet ,bei toot -all estin-3-ted e:Tenaes for V're fLscal -p�?ar 1pcj the avxxnta to be raised by bond issues ar-,d revenues from ether I W Section 1207. '�' PSFER OF APPIROITW'11 ONX, At ZIM-1 meetin afUr the adoptia-a al" vi-je budget or budgets, awici the Oby a vote of threeI ma ya, -�, mend OZ' supplement .,u --h budget or buelgets,, so as to authorize Vr�, transloer of umo.3ed balances for one purpose to another purpose., or to the ann.aal budget'. 'rtz'venmes llcr'.- 'lave )M.3� ;F 'UT, Vile Go, Uncill sha Zr a znce to pr' 'd -c- a sys'a,-'m Section 1208, TAYI-V[ x for ho assessmr%, :;.evy and collec"tion. of all City Co., or-na as nearby as may be to tllm general lees of the State:p prazUed for the assess --it, levy ---gid collection, of co47nt7 ta7nw. All -ms lev:Lee�, to together -aith any petell-t.es 4 cy and the cost of c0lieVU021 IrTl _for Shall conzi:"o liens on -the 41Z6�; seE; d and every tax upon person,1e property shall- be a lien jjjoon tj Ic re" prc Gst7 o owner thereof. The zaid 2.:Lens slhall atIMCh' e�s 0" -tl-,,s 'Kaa�:'Oy Lin, March of Section 1209, TAX LDS T, The City Cauncj_'i shall not "eTr a pro -per -l". -Y tax 1 -Irk e':'rzess ct Oight7-flve cents (850) on each, one hundred dollars ( Z taxable prop $100,00) of lt)�- assessed arty in the City for ,n.-Ticipal Valposes. , and, t1h, (30flt f or a pub, -U -c iWrovement and betterm-ent fund le, les - r - e2rjusive of speoial 'vj an- -ujVceij by V. is unlew wathorized by the affir"matire votes of t -m -0 -thirds of 1'-!Je electors Vot'ing On th'e proposition at an election at whiah the quest-L'Otl of such 'I&I'Lioml 19r, -T for purpose is submitted to the e3.ectors, SOCtiOn 1210, SPECIAL TAX 1SVIES. special jej- -3 OZ tax -oar i7a caddition To the aboTel May be made annua3-1 y, based on approved budget, requirementa for tile f oUowing --pec- fi purposes: pub'Alc library,, parks and recreation.. sixdting fund for, I - 1 pl- ' PC b"A d -1 S'* City planning,*advertisingp bond principal and into--zr-st, pre d. 1'or "the st-am'..e ftlo7ees' Retirement System. The proceeds of each1 -.11 be nwd for no Ty a 'tz other purpose the that specified in the asgessmeret W� Mc Sect:LCM 1M- COUM K&Y PEBUIPOW4 F`ISGAL CIO S. The Cou=Al shaU, 1mve power by ardluMce to authorize the trcrzfer to and t. oMd discharge ojlfiesm� i Of the County & San Luis Obispo or to the State rr. e,2,1 "&f orn of w. y fun,-;tj 0- t 52 City relating to -tile asser,szr�j)t Of property for t&-mti6u ar-d equwizzatian wil., wuch 'S assessments the collec:tion of taxes i e-iried #,Or Mmicip,-a pr .)ores 3 the OollectiC118 of assessments laeed for DrarAcipa,.i improve,.. ta„,, - y fa,- , j_ the is�,ae of pr REWnGnt Of assessren levied for rrmicicpal Jmpr;-)veraer.-,-_z recti, PrOX-KtY frOM sales for either of said __on of, purposes., and mwr rep et suc�, Section 1212. CASH WISIS RIM. The Counuil nay create ? train:sin-a fund, to be lmolxi as the each basis fftaid'$ for t1le PUrPOse Of JPIP.-Oing the paywnt of the ru=iAg expenses of the City oil a czah basis. For iTosc- tae Cc L- 1-1L shall provide that, fmm the Money collected frtxi tha anr=-alf tax- leinj amp; -Pron' mrwapy receilmd ftm other sources,, a sur. equ�j to not I.Bss t.,jall t_o and . �'s 011 ea 4J2 S7�SK1w«. ent ch hundred does of the assessed value of said property shall be. placed- ix such fund, until the accumulated ataount thereof shall be sufficient to neetg- ,el w d, alla le al C , T D against the City for the first four vaorjtj;s or other necessary p -i, f - _ -- Or w! 0 the succeeding fiecta year. The Council siall have power to tL na'Ler Ircm, tine 3 -. , i il i i —..oasis s fund ta any other fund or funds STUch Mix or saris as, may be re-Taired Z,,.AI"o p2rpoze ng r ct pI.aci Nwh iland or funds, as nearly as possib-11 a, on a eash bas ins. Itshy. be the duty of the CouncU to provide that all money so +,ransferr(--,:,d .1rom the cast-, ba,,%.j returned before the c4d of the fiscal year. Dimd be- SeetiOn 1213. SPECIAL FUNW. The Goluicil mav create, -a Capital Outlay Fu ad for tile ptz- cl meeting future planned extensions or bu-,'.idings. Section 1214, SPECTUL TA-XF.',)' ALM BoND,,J. eveWLthe conneil sho-l'! de-tex-di"ne ,re- -& the pub1ic interest demands an expenditure for municipal purposea�wku-ch cannct, be provided for out of the w(tinary revenue of the City, it YPAY subloit, to VIe q:,Yzalfted voters at a regular or special election, a proposition to pro -ted 111 nq turej fox, au4,, - ) - either by le7urring a special axo or by issuing bonds* 'but no speclal,-c- levied nor any such bonds issued,, urZess authors tee? 'Dy the affi-y-mative I'n" S of two- tbirds o. -L” the electors voting, at sucil election, Uo bonds shall be L3s;ued"Zio 'f:zaet current expezises. The proceedings for tho voting and IssuLng of of the, shall be had in such a manner and form and under sue -h 0Qn'--'4tiODZ as shall be provided fror time to by general of the State of ioalifornia,, Section 1215* LI M OF BCITDED DIDEBMUPSs. the bonded d6m, of the 04 t 'shal i at "'10 time exoeed a total of fifteen per cent of the assessed valuation of 8'Ln PImperty tar -able for City purposes; pro:r:ded., however, that bonds issued for t,11-0 aOTJJ4VUor&, extension, bettermen-b_, or w-Jantenwice of =mje-*Lpa:L be counted as a part of su&j Li_mitation. IV owned P�703A9-' utll-itleq ahaU not .1 � wi Section 1216. DEBT CONTRACT. The anoan- OLtstarIdinc co L, r a -t3 for- the chase of property or equipment on a conditional 3,%,ies contract. or ej, ,,,. ttel lwrtgage "psis shad not e=eed an wrimmt equal to one-half of one Per cant of thw� ass,,,sse-, of the City for gwieral tax purposes. ,ion Sefti= 1217, UMMY FUNDS. Accounts sba.0 be knt for eaeb public u+,iaty owed or operated by the City, distJbnct from other City acocuunts and inn 3=h rzrz-ez as to sh(rs tr4 true and complete fimneial results of su&, City tai Ms��Or' GwIeTshzip and operation -4 inc:Luding all awetS liabil."Ltiesp revenues and e3q:' '- b '--Ow'witz # . � er�se. ,,Uc . sb&U show the act"I cost to the City of each 37ab) ic irbility " ,ed th,� COA of I- OXtOnsions,* additions and i%xwements, all enellses of ma 'r 1� intwanee., the amzvmts &C -t abide for sinking fund purposes, and, In the case of City operation.. al Or,4ratIM8 wPeweS of ever, description, The accounts shall sl= as nw-Ay as possji,-'$e the V62W of any service furnished or rendered by any such publi-Le ut-ility by or 1-o any other alty or govarnmental department* The accounts zh&j_i also zh- allo'n-tee for depreciation# insurance and interest on - 53 8=,-4 lo no-t&OSISOO 7Zpjn rmn =I.+ nq 0 orl't ft Awe al, TWO bwl do= -Vol D7 --dvad it= 'le 10 08491b 4 rtan ZWO Y771JIM qz-xj� qif4 vxmin :+ wads LWA-A c!) Lw; vrW -10 4101 so of tbe 2=unt of taxw that wonid be chargeeble age:, Ij pert ir�e -ns-�- -�be pj�o y - ir pr owned. The Council may tr-nuslly cause to be rp*de and printed for public a report showing the finamcial results of such City ownership or owrxerz�hjp aaalz Opera- .Gzlzl which report shall give the ir—fow-Vation, specified in this section. Wlld --UCh 'ot-her information as the Council may deem expedient. Septi IaB. DERMECTATION FIND. The Coinicil sj--,ai-j ajjnvA-,i- y 7, f,,t. 4n, derived 10oY the City arc its revenue p.-mducing public uftllitlies.. as a separate depre'ci "ation fund for each of said public utilities., a 0-W, which.,, aco-ord-ing- to the esti:a-ate O"L, the City Manager,, and approved by the Councils, shall be sufficient to meet the :aorr�- deprociation in said public utility. Such funds sha'lk be used only for t1l'S bettermentand ee=+!jep'm,az,saq.p�jt respectively. Section 1219. PTIBL11C 3a-MCE SINT.Mx FUNYD', A f tWqto be kMi"na as 111.he Pqjalic Sirildng Irand is herellry created,, to which fund shall. be credited from the receipts of the Water Division ex ether public utilities w SUff:LciSnt Vv�,oiznt ceach year. to covar the total wma�, of pk-,-jaents fal.11ng due that year, bur prig cipaj arzd of &1,7 bonds issued for the acquisition., izP%VWjwnt or extmnsiw of , ptVi4c by the City,, The Counoil shall ix time -5- %t,,_UtiaS opere,'�'-,ed to tim the pevosatage of the ra,--#vte of the Water Division requizz*d to cool- Ube Ariz eipal mid. interest of surZ-1 Nmft. and such percentages of said receipts sh�,,jl be crecUted by the City Tmas,"er 4,�o said Publia SGrVice SiUL-a--w, fid; provided, hc*.-evPr,6 that if.9 in the orirZ,-on of las oo-,jrcils the t0t&1 amount necessw.- J� Z"d y fw s-., Sir kiw Funs., cauirlo-L% ccn*tmrder&1y 1--9 takaz fram the receipts of said Water Mvis' on n"hiqg ir, t1ftis scetion s.NtU affect ar jr,-4W ,L,r their pmr., after so declW-Lng2 to levy E-ath ta,--w as nay be neoessary to prav-416,e for interest and principal ag such bonds, Section 1220, BOND RETIFaMNIT, FTX -M, Any surplus from the i --come of such reve-ni, ducing piblic utilities zVmaj..rdng after providing for said Depresciat-w.-, pc,�y pro- ,.� sa-�L, Public Service Sinking Fund siAll be used mill.for the ne+,jm?t1ent ", C11 01, tho bouded deb", issued for the PllblicLtllity pzoducing t"10 Sa!vle-p or far. expeii,:;--s of opera�Gj�-711 maintainiz;-iln, Proving or lbetotering such pv�ojjc Section 1221, SPECIAL DEPOS-l"T 71120. There is hereby c.--ate�d a fund. 'to N3 kno!=-, as thG Special Deposit Fundo iwt-erein shall be deposited Yricne-ys received by t! wq Dement, officer, = Board thereof �'ar t1v purpose of p Un VMML Of an -Y Costs: charges, or noresaccruing or liable -bo accnie to 4 -he C- Pre the depwItor., and all *coneys astis s,- bW2 Pe'-OSM accused of a public offensej, andaj_i MnOYE Xaof a v --Tired to be dqpcs--',t-ed for purpose of indemmifying personas vj,�ose propor.�.y is in danger of baing dxaaged " destroyed by the operation of the depositor* The mrlz'10Y SO C1GP0sit--J May be 2---tut-reed to the depcsitor sbox-ad he become entitled to the return thereof. in s>>ch:wz-,Ar the Comcil may,, by resolutic.,% prescribe,, arj, UP= default bei .-1; mm --s 'Ln the - Of such casts, charges or &U-nageso or in the perfomance of ar4y- Of V,,Leh Coreltias-Z., acts or things, maq be declared forfeited ifi whole or in pa c, orMa "lie y � djs the Council may direct,, posed 01, &Z Section 1222, SPECIAL ASSES S, The zzquisition, ixmprovemexats,, wjAming, pad 0jjen- ins of streetB, the Planting of trees., and the making of any other pW>1je j2njjvaAent. my be done and azsessxmnts therefor may be levied in conforaLity wi-Lb zn�ler tai authority conferred by general laus; provided, that the Council may by adopt a procedure for the improvement of streets.. alleys or ether public pjace;s., tne laying of pipes_, or conduits, far r the removal of di: A A'o al vinf-,ch may GDAMVer Or WWa neighboring proywA:4 or, �;jje rank growths and mate rtv rabbish., weeds *=i� oth-,;�r 54 health or tha welfare W lwiabitz-x4ts ol-f the vicinity, 1rom lymildizgs., lots &nd grvundas,, and the sidetv2.ks cpposite thereto, and for making and enforciP4 Fzsaasss: iris agalaist property bawfitted or Vaereby or frce vhich such removal isDade .. for t,I! e cost of such improvenents or remo--raL., and may, aralze such assessments a lion on auch, propaty superior to all cthi-r claims or lie-za V&ereon except Stata, CcA=ty =d municipal tames.* bul no s-ach shall prev6nt the Gouur'ii from Proee-adLng general 1-Inm for said purposes. Section 1223, IMMiL APPRovAL or PAumn's, EVVry Officee "T'ho s-11%eJ2 &110W or PSY ally demcand on the easury not wathor�,zed by lzrxy� shall be liabj,e to -thea City individually au d upon.his official bond for the amount of &,,e dawmd so P-DVMM" &110ved cw paid and sh&11 forfeit such office a M. be forever ej—s",a�--md 'Vx1d !disT'!aaj-ej.8e frM holding any position: in the service of the City3, by ordar of the Cor:,ncij or a co=',; at competent JuAndiction, Section 12*. DF -POSIT OF MIM Y COLLECTS, , ZU zoxleys recei-,,red frox ta"�, licenves., few& fines# pe .ties and forfeitares, and all moneys. -Aiiei zmy 1W collsclbd or received by any otficer of the C-511�tl1 in his off jaizi Wppc--- y I -Ys Or Wxy cl4partment of the City for the perf crva=e of any onll"iCial d,Xty't alld al -1. r,0=0.Veat,0 t1j,'*' City frcs any eoceiw0 , be PUj-d ZP znd an moneys di-roeted by law or by Lh-.tz C,:jarter t paid r deposited In the Treasu--7,, sheal be paili mento the Treasury idt',A.4 f hours,$ or the next woe ug day. The Treasurer shall receipt for eaoh 31ach deposit :!:A triPlicatejp 95.viZ9 the OrigJjial and duplicate to the depositor mho ;must file duplicate v -7th the Controller. Art-11-cie TIM Section 1-300, GIRMUING OF 117UNICHISARS, The City Council is eVm�red to crau by ordinance a franchise to any person, firm or corporation. u.,zhe-Wher aperatjig uundar an ex—Ist:Lng franchise or not;, to furnish the City 'and it; Jrl-ab-it-anda with trwisper- tation 'cati. ., Com- -lonI texminal facilities%, water, light, hi-eato pc-Tvrer:reZriVreuion, storage or erg other public utility or service., =d to use Une public irk., alleys and places, as the same now or may hereafter erist,, for the const-rectioxi and operation of plants, works, or eqaipment, neces.-:,ary or convenient for the, Durnishingr thereof, or necesm-Py or aonvwdvnt for traversing any portion of the City for the transmitting- or conveying of any service else-ohere. The "ity Couz-1c.12. lay, prescribe the term and conditions of ,� such grar-t. 1-b -W aleo provide,, by procedural ordinance, the r-athod of proca&a=- and additional terms anO conditions for mak—ing s�-eh grants.. subject to the provisions of this Charter. SeCtIOZY1 13M- RUSCLUTION OF INTIMMON., NOTICE An FLI" JOIRr . Beforp granting -ING azW frWC1'A3ej, the City Council shall pass a resolution dec-12-rix wits intention uo grant the same t Stating the name of the proposed grantee, t1�-'e of the franchise and he terms and condi tiorz upon vhicl-1 it is DI-oposed to be gra -.L Such resolution sIM11 fix and set forth the day, hour and place when and 't;sre zz.-q Per8oW kaving any interest therein or any objection to the pgrantdxg, thereof My appear before the City Council and be heard thereon, It, Oh ll dim vxt the 01 -4 - Clark to publish said resolution at least ante Idthin fift,3 (.15) en passage thereof$ iu the official newspaper. The tivie fizad for such not be less than tsxmty (20) nor more UUM sixty (60) days after the passage of f s e, resolution, At the time set for the hearing the City CcAmci.1 $ball proceed to hasar and ;mWe upon all pro -tests and its decision thereon shall )�)e f -i- ec�Tcj i -,B, Thereafter V TAIL and , W . , 't it rAay grant., or dlezrj., the franchise., subject to ttlhia r:',.gkrt of r�eL;,ez-n. Or the People* 55 Section 1302. TMri OF FfWXhIS& Every franchise zta-6e t �e u granted$ ,"ch., unless at be indsste=sinate as provided for herein,, sl -Ail not oxveed, tUfty-Ave (35) years. No .franchise may be renewed wntil thres ,,�sars expixes. A franchise grant may be indetermirwate, t1b,-t J.,,j to uay., may famevid-c- tA it shall endure in full force and effect, xitiI the s<-tne, —ith the consent of the ReaUroad Commission of the State of Cal:Uarniaz, shall be or abandoned by its possessor, or unt:U the St of Cal iforr--Jr,,, or sczae, zarti,.-ioal or public corporation,, thereunto duly author-ised by law,, shr,0J pu g aye by volvntar7 agreemnt or -,hall conde-Am and take,, under the power of e=J.-,m-t do -wain,, all propteat-jr actually used and uset'al in the exeivise of su'rtmcliise and eitaw ate -AtIA-r, the terrixotial limits of the State,, mm-m-icir.al or publie cozzl=atiM purcimeing or condemaing such property,, or until -the fra=hisse eha1.1 be Zor-faited for nonconplia-z.-ce with its terms by the possessor Vhw�&a, q Section 1303. ORMT TO BE IN MU OF AU OMM MUL470HISE.S. A -2Y francea grarilted by the City with respect to arq glven in b tactility ser lieu of ai-11 - , ty serrice shy fmchisesjA-,,e ,h is or privileges o=ed by "L*,ba or by any sut;cessor of gmAoe to m*tr rights under such franchisc., fc.- the xand.arin, of much, ut--Ility service Vitbin the limits of the City as trey_ now or nwy hereaftetiz r exist uept %, any 1-'ranchise derived under Section 19 of Article E of the Constitution Of 0-Z�iformiZ- as S.OL d section wasted prior to the aasn-*wnt therao-f adapted 0--+,obL--.r 193-1. The accapt--wees of any frwzhise hereunder s1mll operate as an ablwid=ment ol" &I-,. raeh -I'lMrIc'nises right& and privileges within the limits of tb-- Cj,Uy Pss7: ch r "Jaits Sha -11 at an." t`uw, exist, in Uzi of which such -franchise sYA11 be grwited, Any hereunder shall not becamz effective 1,mt:U wittwn a--cep-1,pance thereof Sia a"D been, filed by the grantee thereof ti ithl the City Clerk. Such LUceptance sbar, �e iii e'd Vit] -d-11 ten (10 days aitasr the adaption of the cz.-dimrmce glrarlt thejsa I!- when so filed,, such acceptance shall constitute a -.. a�Teexcnt. Of such - grantee that if and whea?"Vhe Cis shallt_:xCafter annsx,, or n-onsclielatleth additional terri!wry, any aad al.1 francUses, rights and p-r-i-mUeges ou-ne'(1 grantee therein,, except a franchise derived, under said consitutienal pro viision, likewise be deewd to be ad�ndoned -within the IL--msof, such �- Werr.4,.Lory, Section 1304. MIMT DOMIA-M. Ko f.7�,nckl- ss., gr aunt shall. in zx;.y- may or t , 0 aay impair or affect the right of the City to acTj-ir-e the property of the, grsntee -151,hereof either by purchase or through the em-rcise o:L, tjLe 1*:Lght of eminer,"t. don4im.,, V --d not'Ung herein contained shall be construed to contract away or to modify 0to abridge aither for a term or in perpetuity the k"ity's --ight. of ez!d:�,aent d=�, iiith aspect -�o a pubUc utility. -Vve17 franchise grmat shal-I rnservc, to tj-,e 4. y ,,,hp Ur 41 L. , right to 1� --' ase the property of such utility either at an agreed price Or &. Pz-ice to be deter,(fdzed in a -manner to be prescr bed in the gra :t,, or in the procedural �.�dlnpwrce hex-, inv.ovs mentioned. In fid the price to be paid by the City for an,-#- util-,ol, shall be made for franchise value (other than the actual amount paid to the Cj-�Y- s the time of the franchise acquisition)., good vill., going concern, wwning p0 r" increased cost of reproduction, severance damage,, or increased val-ile of O.-ff�r, Section 1305, MIES OF GRANTEE. By its acceptance of any pranciAme hex-ejr -the SZIMtee Shall Covenant and agree to perform and be bound 'by each and a.U, of tjho to m, and conditions bsposed in the grant or by procedural or,6"Inanae. and sliall fo_,.I-ther aeTee tw (a) Comply with all lwet-1 ordinances rales, - m—gulatiois �her-- fo or aDd r t oW re, thereafter adopted by the, City Council in lv-l.,e emr,-ise of its pol* zwe Dower, governing the construction., maintenance and opera.t-Lon of its plan-ts, -woj-k,-, or - equipment. M (b) Pay to the City oil domand the cue-; 01f., OU repw.rs to publie pro art rAds necessary by any of the operrations of the grantee under such (c) Mmdsmify and hold h-arfr-less, the City and its officers fzvra any aad inia liability for damages proifu-,ately resulting from any op ratio under suoh franchise; (d) Remove and relocate without ext ense to the wit; e.,ay facilities imtallati., used and maintained under the franchiss if and urben nedc iiecou'SaI7 b'y &-,y 3Aufta change of grrade..� or teridth of any gt:zlic sOre e"L., Way, &1-16ay or iplAve,, including the con-structica of any raomy or -�'iazajctj arz (e) Pay to the City duin-�-g the li:F.,e of the franchise.. a -r-rceK4ags.0 to be X, specified in the gra-atp cf the gross amual receipts of grantoz -within the 1 i of the Cityp or such other comier-sation rxe iahaI[Uty Coun,02 zmy Ptworiba in the grant, Se Uca W. EXICPCISM RIGA'rs "JI-THOUT 7110CHISS. VF)e onercise b.w any person or corporation of wV privilege for vbdch a frmichise is, reqs -redtwfth,,uut proc-tirling such franch.Ua,, s_ -ball be a misdameenor and each-, dAy that, such, con-&Ucri ezist ahall constitute a separate vidlati=, ArtAcle 7-17 iUMELWIVEDUS) ziavlzicl 03 Section 1400, GLNERAL 1XJ tTFLICA31S,. -U*.',. general laws of the State ag?licable to municipal corpozratioai, noru or hereafter enacted, wUch are rja:j-rj --cafj:%,t with the provisions of this Charter or with ord:Lnaances or resod -1()r - , j pwraanclbartr, e of this Ge,- shall be a,,,.aic plable to theCj,Wy,,' u t dop t,3 d ir Section 1401. 0MCUS TO CoNr-rmm, AI! officers., nssis'ta=ts and izi office when this Charter takes effect s: ll. continue to hold and, e:z-oroiss. their respeative offices or engloyment,, ixoder the terms of this Charter., ,a.,-'6LL t1ne cw - V , int ment and qualification of -111-heir succeszo-zs, Section 1402. MI TM- OF r,,F?IV-ZRS ALM &IPL07:023. Al of c-eis arg-' er�pjoyeia-s cif the City, except members of the Council, Boawds and Cowissioz.Ls., the City Atto=,-,*�- y, aid PoliceJudge, shall devote their entire tirne to the dischary eoff-Joiza, ts�' vn� e r clutier, and shall do not private York ,6i*h L -M incur any a-zpvnse on the pa of 1;_ -'ha City# unless otherwise pro-,-I&d by resdlution of the C,.r=c.-L,,. SOCUM 1403- CON-MMY OFRIGIVS I AC COINT RTS.. AM QBLWATIO,�B. -eert_ ri ',Ito ox" 4 od _ g the City sha.11 =tinue and shall not in any manner be affected by :its adoction of this i a Cbarter, nor shalt air right., liability,* pandjw , vAt or proza=tjrjVj, eithg,- :Ln behalf of or against the City., be affected by the adaption of this Clv-rterp Unless othervise herein expressly provided. All contracts entered into by the City -','or its lbenefit prior to the taking effect of this Charter sh,2431-1 be centinued and perfected, here, L4ier Public Lwovements for vUch legislat-ice -steps shal]. have bee- a town under laws ir, " force at the time this Charter takes effect. may be carried to comple-tic-n in accordance, with the provisions of such laws, 3041an 140h. RIGHTS OF OFFICERS An &wwyus PRE-s&ivi-D. T" 2e cjr- PaMion and retirement rights or privile,",s of officers and emaployeas 0 the City at the lama this Charter takes effect, sball not be ad ffec-b --,9 p_ s -k - unlese specifically provided hereft. e 1,y -Lt rov_- ions 57 f -ectian. or parL o: a sactiox� cir thj-z Section 140.5. INULIDITY. U 7y -, Ta n '110 to be invOld., it shall not be hald to invalidate or Litpair the of --Pay o"O'ber aftti= OT" part of a section, inaess it clearly a-ppears that sluch s"�tian- or part of a se ctior. is dependent for its operation, upon the section or pa. �t of a s--Otion <-,Q hold invalid. Seeticm 1406, CRW..V,, DI EFIF-I'LT. Charter shal'i. tom—effect, of its aPPrQMa b7 the Legislature. PrOlvided that all ordinw,ices. re-sol-ationw-, anregg"I.&UOM in force at the time of the approval of this Charter by the .1111epplislatu--as ,,-A 0 U 71 t inowsiatmt with the provisions thereof., ara hereby continued in forle.tnt-i-I sm;Tz- sbalI be amipnded or repealed; and provided further, t3hatt, the -,wabars of the Coul-Ic-D. and the City Clark in office at -the tine of the approlal of this C,I&rtera I &411 continas to hold officer exid discharge thy: duties t-hlrereof 1;-,It:U aog�3MUM of the termsto which Vney incUMIdually were, elected., axed in ti -,3 c;P_se of the members of the ncil. Coui 7 . until the election anej q ificstic,-,n of theWanf"L-Imera Unde- this Charter, and the terms of ewh of the oth-ar officers in ofVLce at tije time the - Charter sh&U be so approved shall ceaae and ternmaiate when th,,a Council slh-all be res.o- bation so deelarej but the powers and duties of all officers of the City of Sar -A liais Obispos after the approTas of th-:Ls Chaa-ter by the I-legislatixe: Shall be cas prescz--Zlbed in this Charter or by ordinance or resolution Passed mWs"Acmal". tx-rersto, BectiOn 1407. X'Fi'MWTS, TIhis Oh-,"rt,,er ray be amended irl aCCO.-Ede-111CO ill It the provis'Lans of Section B., Article .71, Of the CW.Stitutian of the State of Waz ., .. .; i t ld.+ •oCa +. -..x ,. ,:n ..p..t. .�.. ._ :_. 1. ...:_ J�l�.l..�.�'y U r yer� qy �, ` e � u •j .Iy�dj.+TS�II-{����}A `•.�E :; • .. - .. .r. �.'.{: ,""°'.::�1.�..,�,y M A�.M V•".,'� rh.�4 rinlyr1 CR6 Vr:sji.Cyi+1 ��iy1. .,tg� Li.�M/� }�; "zol "er, a3 o u iiia,,,, .}v,V €ml*o" Q 1V 5LEemik bXlDsi �a :Nolo 4*10 sa btu • 1 F_4... y_-s•rP.�}J��✓/4+..� zni.Vgp to modk'M♦m'. ,:T. ,.�+r�Il Z""S Zw�: _v•a V�iti L��.Llii i+9M•?���/ �I W.i� bus aha .esti-3ta°iga8 C 9t3p.LC�tfe 'zafteM as 'tg..ra:v�.L;�k.+,µ?r *��i =QI,�,,{{.il+iV rd eo n L+is snd�!Qi99S 'to t'. 59 IAMB or CM ARTIC112; I Now or Cites100 BOUNDARIES UIZI OILS �LT BOUDdaries••• RMHTS AND LUBIMIM 200 Rights and I-labilitiesR 4 v e F a a a kRTICIZ a m t c d 332 300, ?OWES 017 CITY 9 0 Powers o• a •400 ProcedWas ELWTIM 401 Election wid Tlerms of Councilmon kRITIGILIR V 505 Wgibility for OfIlce . 4, 1* 0 0 0 P 0 5% Oewral Municipal Elections 5 N. "c Referendum and RezaU t Mayor and Is;; Of Office 0 * & # 6 o 0 0 4 9 0 # * a % . * 6, * * * 1, ..12• 506 Proce4m,s far Holding Elections . . . . . . . 502 SPOCUI MMicalpa XLections 502.DpP 214T XTiTICIZ ?-, Amending Ovdl=ncee 608 Annual Repor4 Board of Zqna.Uxation 620 C4r-1,4n Fouvre and Duties Enumerated . . . . .. a Is a 2 * 604� 605- Coaftewtuion of Ordinames . . . . . . . . . . . . . . . 4 . COntr9ct for Perforrmee of kiministratdve Fwcti ow. bog 613 Zxwaimtion of RewrcW 0 a V 0 * 6:Lq GeTlera Poware of the Coundl 0 * 6 6C,3 Legislative Power • . . . . . 600, Meeting's Newspr4)er Advertising and Printing . . 6o3, Oath of Office 6 Lv 610 Offioial Boads 617 Ordinances 616 Public Work and Supplies 606 Quorum �2 5 4 j 612 Records F. 0 0 02 6618 Ule or lease of City Pmperty 63-4 Vac&ncies in the Council . . . . . . . . . . . Cl Ordinances , 0 a 0 0 a 0 a 4 * 6yiolaVio (Iii I When orcLinme--s co Into j4ffect & , * 0 's 0, * *� OFnCMS.. DEFUTM ,IND alp-uOMM., MnTIOX -607 AFFO=WiT AND COYXENSATIOIJ AIr., ICIS VJU APP OIntlVe Officers 0 0 0 0 0 0 0 Classification and Standgrdilzation a * 0 * w * a a * a 701 . Compensation a• . . . . 7L4 -0 0 0 9 & & 0 Disability of Councilmen a 41* 703 a Elective Of.Uoers 00 -405 RGWvSl of Officers and Employ -a" C-nT MANAGER 702 Assistant City MaruWw Bond . . . . . . . Citq Manager- QuaUficationz 60.3 . . . . . City M&AW P= tem . . 800 Council Interference in AdaWstration 807 EligibiUty cLf Coumilmen . . . . . . . . . 309 * . . 0 0 •* 0 0 a * 0 801 t'. 59 pT�q'Y. I) ti �Q� j X • . 'E: ., is Gl z . L' ''M1 � V R R V � a ♦ Y ♦ M r ��wt� ,.T.YiQ�7i��(4�LlT�+oQ _ v J , ,. tit ♦ 31 ri +�a3�CL 'to rvnleT XmsaoO • . �, . � ., b: ,. a yr 10 Masi .ias ar��� 'AM ., ..• .m c.' � 1°�.,r';t4", e. ,pv.:��gR'': �`.i � 011 is-Id�l � a•y��ra,,�� �pv �t y, • a m fr p wr ri e"�4. ti oLa .4gto,Giiiff 5E9 . •. .��«'rc}^'M�f}•.yd�«a°:.'rG� f/i•�.@�N�F'+r+M � ((*���R���� .r ... L R c, ^'F lb . �9 .v .7' Cs t ?t O ♦ a V-•i�F- .i;, 160 ImSCIF Vi 1-310. folulloolitboo . ,. rt . ✓�'.:` J f' i�.0.�i.S3 f �C. '�. d.LF G.?V.3�A'..�3pb•.�n.�p '�$q•� �y l.'Y�a •ii1�.LLUf1ii1, 1�.tr:4y L �=MotoM sasal %o 911w, ,1,rWIT QVIA N 00 mqowmthffj t M , , ih�},.�ti�' ��''�.i•:��:`�dL�`:a��'s?,°.�'�' .�ifY�a w�7 ¢v�3.i':.x c"�.�u'::�o.i+"J '10 Xzvoa .. a, •t i > Lt 6 E • � .. .., � w �'�' �y:.F„Le tti"�.o..1..�,.7+ '"":t� d �" lY ���yy��V rA-729 Julej Powem and Dut-ion a OIL 80au at ca=cil— x4timp D ti 4 ar s SF w s a a 7 vil 4 a 0 ..Pr-'- D70r M. OF OFFICEP.3 ARTICIS 11K AW.Monal Fmar eal Duties s90? A,.Cplvval of -,NL-Av and Coimracts n. C' 0 'A V, 4, 4 V 2 a 4• a 0 j, 901 Aaams,or 0 0 6 4 0 A z a * 0 % 0 4 0 0 * 4 Q 91(le Attendame at Gvu=il 9✓14, Chief of Police 93.E City Utoxmq�-,r a a 1 a a 0 a a 47 9012 City Clerk 901 COUW,Vor Ti Controller 0 4 0 6 4 t 0 4 0 4 0 W 9 Fire Chief .0 0 0 low clit Health Officer 912 Tmabillty to Act ma.vor 401*110 plx� o 4 a 0 4 • 4 4 0 i70 1 0 0 0 4 4 a 3tr*ot S-dPeqrir*Audmt e--*-Offialo a 4 v 0 a a 4 t a 0 0 0 4 906 9!6 Supe--tvatendent of 1INk"Lic Works 0 0 39 40 4Q 4 6 0 BW -.DS An 0CMISSIM :30.-Xd of Educatim 9 a a a 0 0 v v 0 4 4 S Z# ccwpenw-uim d4 zo 'A G=b=t FOrSMMej Be jZpA 0 a4 fs 4a C 0 1 Ma a4S*Lldwm and Tom t4 1003 %i 'D a 4 Ir Mbrarim TAbrary Tmeww 0 4 0 a 4 n as 1L Persomiel ftard n, Pluming Commlwion di 103,3 Politinal Aevivity Lg F(nxnp�., and Duties L. Prxm-re and Lhaties 11 11 4& 0 1, a., C j% iy C. ro%mx"> O-Od Duties -3 a-46, Yowl!,.- and Duti.zo 0.0 a a a %00.9 Recreation cowl'astw 1020 1008 Rules and 9 16, 0 0 Ilk =5 Reports 0 * 0 4 c o Ratiromat., State System 4 * 1= Salary and 'Wap Sux"mr• C. Supee=terAomt 1,32.7" FWLICE COURT 0 Q 0 0 a 4 101-0 Clark Coutimoy of Inability to Ac+, 24 40 iur� Few qV tp pt0 L102 Jusuce,of the peace FoUce a 0 1103 4,yudp•• ftum of judge I I j 00 Recelpu 3.101 Ree ilole 1104 rA-729 Julej MAL AWMUSTRaiciw Aftims = +g�aun�t MY s a� s a i e+ 0 s• 7� s a+ tl w o� a n a Bc,�.hn,�,,�,,iRetire i GLKi • 6 O. Y a. +Y + s..! tl a a 4 4♦ a u *t V Qi BadeFund• • ♦ 9 VV ,, ,•,,}, a�pa A • a r ® d +? 4 -s V a'r ae a J �a. COMAY FAF Igeyytit Debt GtrWt a s o r a ♦ a b o > o A b as o a r a a o v a n D}e,�}O it QC��yy`Now y"�y� of-L'3� p c o a o• o c +u sY as a a.� o r v •; NOi 1 diatio • P nd v 0 a a 0 R O R • • 4 • 0 a a Ibtjx&tw and Rud ,pts a u> a o s d4 tur s aud lmdeb4beduess g m r 0 n a a o a s s n o is q yl 19ml 3 pj=%ml of Payments r �� a City �t: Wa d a a o- rr a i �, ♦ r z ar a s +� d t of � �eb-teded- no- s o 4Pr�eseT3tati? i:Iia�qaof Demands Y� • a m .t a M s e a e ca �y v a a a ca Public veer Sinking nwl 8 al s� 6 a +5 �* o 0 o r a 9 S O a C ti SPOWIAa SpW-al Deposit Fu' d a s o a +� u o s ri a u �r a• a s� a t� m Special 'Fund o Special Ta. Levies r o o» a r a ai a o c a o F a M 9 o- 4 a 4 Spec all ? aNms said Bonds , b . a . • ¢ a m n a ., a. a o . . g 4 5 P. Twa t_Y..o y • V v a 40 r 9 0 :a � fY 0 6V o P 4 x C n o 0 wfi Tax �uiIafft o i s it Is a a 5 m a • 0 0 & 0 a C o a a 0 0 m it TI r.-xL*,fee x of ApprtJAi"�'...c7.t.' ons t•,� ty F=ft a s 0* a• s 0 w o r, o e o• o as a of +� a a a 14ar-mant5 cII T:$Y.r3£3 uz"y r o rr •♦ r o a s w s r. a a a as ,w s a a as a FEZa3a1MSE Duties of Grantee FAdMOTA. DWS1 -i 4d a o 0 o a g a a a. ♦•♦ r to ♦ a a ;. a n a a a +'+mnising Right's G1°att to be im LUx of A.0 ci vher F-a&� ac b • p ac o s n k a • a a l mnt iag of Franchises o• O a b a a o 0 e +� a s a a� a d c� o- 5r �-solatIon of Intentimt Notice and Public Hwaring Term Qin Fromeh ise i'Y O a O q • fi b 4 • 4 ♦ b d • A O 5'r V ',A K d o H9 a7u'��US �11 "_��� �'1-w! t 4 �,� ✓J • ai ® O ♦ O O i7 .$1 Q &� • dL O ?f .t m C q 1 4'w 0 0 O aL 0 0 a• r 4 r@ ro a w+ � c7 •? a w er ab Coutimity of Rig.4bos CovU=tss and Obligati =5 FV -U Vine of Officers and Iq,ve3 ,0"wr&I LowI=able ��;.I�+���! ♦ r Al V !7 q a+ @ BY O r C n} ® s7 a' S! R y O v vD ^ • 0$$icen t* iwtirue 4 a o u a u c r a• a ar a as rr ,� a as Rights 4i Officers end Mployees Preserved ( Note a The nuhlbex-- under each Autiele indicate the SectAon Wimbex IVJJ�j JL 1203 1r 2,36 1220 121 IM.y �.Z16 1224 , +�p�, 8 .,&.4: kids 1200 1223 1201 Mcis 1222 3.22. 12,3 :210 12311 120 1209 1207 12.7 X2,02 -pp 130, 1304 1,306 1303 1300 �.3G? ,302 MZCIZ XTIV gg 41/T7 106 .0a 3..'rC2 1-°r's 5 **�� rt� 0,�y�g .S.i..� 4K&. 1404 61 I _V, Final Revision of PROPOSED CHARTER FOR THE CITY. OF SAN LUIS OBISPO, CALIFORNIA 1949 EDWIN A COTTRELL, CONSULTANT LOS ANGELES,' CALIFORNIA - o - ORGANIZATION CHART ELEC ORATE BOARD OF CATION 5 SUPERI ENT COUNCIL( (Mayor) 5 POLICE _ ATTORNW CLERK LIBRARY PLAIIN=NG RECREATION JUDGE (CONTROLLER) BOARD COMMISSION COMMISSION 5 6. . k LIBRARIAN j SUPERINTENDENT CITY MANAGER - --._ � ASS SSOR _ . ___ CONTROLLER �. TREA RER II SUPERINT6DENT POLICE 1 FIRE HEALTH w (or by contract and. COLLECTOR OF CHIEF PUBLIC WORKS CHIEF OFFICER (or.by with County) Engineer) contract contract Sup- with erintendent) County) (Water Sup- erintendent) 1 I I R D E X Article, Section Paye I 100 1 .Name of City . II 200 ,, 1 ' Boundaries III 300 1 Rights and Liabilities IV 400 1 Powers t, OS 2 Procedures V 500 2 :General Municipal Elections 501 2 /Special Municipal Elections 502 2Procedure for Holding Elections 503 2 Initiative, Referendum and Recall 501 3 Eligibility for Office 505 3 Election and Terms of Councilmen 506 3Mayor and Term of Office VI 6o0 3 (Legislative Power 601 4 (Meetings 662 4 "Quorum 603 4General Powers of the Council 60 5 'Board of.Equalization 605 5 'Certain Powers and Duties Enumerated. 606 5 Ordinances 607 6 -When'Ordinances Go Into Effect 608 6 JAmending Ordinances 609 6 -,Codification of Ordinances 610 7 Newspaper Advertising and Printing 611 7 -Violation.of Ordinances 612 7 Public Work and Supplies 613 10 1Contract for Performance of Administrative Functions 614 10 -)Sale or Lease of City Property 615 10 ,Vacancies in the Council 616 10 -Official Bonds 617 11 Oath of Office 618 11 %Records 619 12 Examination of Records 620 12 Annual Report VII 700 12 gEleotive officers 701 13 Appointive Officers 702 13- Removal of Officers and Employees 703 13; JCompensation 701E 1 1Classification and Standardization 705 lig ✓Disability of Councilmen VIII 800 14 40ity Manager - Qualifications 801 15 -Eligibility of Councilmen 802 15 Term' 803 15 +Bond 8o4 15 Salary. 805 16 Powers and Duties 806 17Seats at Council Meetings 80 18 City Manager pro tem 8013 18 'Assistant City Manager 809 18 jCouncil Interference in Administration 810 18 Ineligible Persons IX 900 19 jMayor 901 19 -,City Clerk 902 19 City Attorney 903 20 Approval of Bonds and Contracts 901E 20 .Attendance at Council Meetings 905 20 :Inability to Act 906 20 'Records 907 21 ,Additional Powers and Duties 908 21 ,Assessor 90.9 21 JController 910 22 'Treasurer 911 22 jColleotor R I R D E X (Continued) Article Section Page Ix 912 23 ,Health Officer 913 23 40hief of Police 914 .23 Fire Chief 915 23 Superintendent of Public Works 916 24 ,Street Superintendent ex officio 917 24 'Public Utilities X 1000 24 Board of Education 1001 25 Eligibility 1002 25 JPowers and Duties 1003 25 'Election and Term 1004 25 aCompensation 1005 25 -Library Trustees 1006 26 JPowers and Duties 1007 26 iLibrarian 1008 26 lRecreation Commission 1009 26 'Powers and Duties 1010 26 ,Superintendent 1011 27 Financial Support 1012 27 ,Reports 1013 27 dPersonnel Board 101 2 Contract Personnel Service 1015 2 ,Rules and Regulations 1016 28 (Political Activity 1017 28 jSalary and Wage Survey 1018 28 4Retirement, State System 1019 29 ,Planning Commission 1020 29 JPowers and Duties XI 1100 30 4Police Judge 1101 30' YPowers of Judge 1102 30 flnability to Act 1103 31 'Justice of the Peace 1104 31 'Records 1105 31 'Receipts 1106 31 :Continuity of Proceedings 1107 31 , Clerk 1108 31 ,Jury Fees XII 1200 32 'Expenditures and Indebtedness 1201 32 'Presentation of Demands 1202 32 4Warrants on Treasury 3 'Actions Against City 1203 Inventory of City Property IP05 34 "Estimates and Budgets 1206 36 'Appropriations 1207 36 -Transfer of Appropriations 1248 36 iTaaation 1209 36 "Tax Limit 1210 37 Special Tax Levies 1211 37 ,County May Perform Fiscal Functions 1212 377 Cash Basis Fund 1213 38 (Special Funds 1214 38 43pecial Taxes and Bonds 1215 38 JZimit of Bonded Indebtedness 1216 38 (Debt Contract 1217 39 �Utility Funds 1218 39 iDepreciation Fund 1219 39 'Public Service Sinking Fund 1220 40 (Bond Retirement Fund 1221 40 4Special Deposit Fund 1222 41 -/Special Assessments 1223 41 Illegal Approval of Payments 1224 41 'Deposit of Money Collected I N D E X (Continued) Article Section Page XIII 1300 42 vGranting of Franchises 1301 42 'Resolution of Intention, Notice and Public Hearing 1302 43 /Term of Franchise 1303 43 4Grant to be in Lieu of All Other Franchises 1304 44 jEminent Domain 1305 45 ✓ Danties of Grantee 1306 45 'Exercising Rights Without Franchise XIV 1400 46 1 General Iaw. Applicable 1+01 46 -j Officers to Continue 1+02 46 -,Full Time of Officers and Employees 1+03 46 ,Continuity of Rights, Contracts, and Obliga- tions 1404 47 'Rights of Officers and Employees Preserved. 1405 47 !Invalidity 1+06 47 'Charter in Effect 1+07 47 1 Amendments 1. I PROPOSED CHARTER OF THE CITY OF -BAN LUIS OBISPO, CALIFORNIA ARTICLE I NAME OF CITY SECTION 100. NAME: The municipal corporation now existing and known as "The City of San Luis Obispo" shall remain -and continue a body politic and corporate, as at present, in fact and in law, and by such name shall have perpetual succession. ARTICLE II BOUNDARIES SECTION 200. BOUNDARIES: The boundaries of the City of San Luis Obispo shall continue as now established until changed in some manner authorized by law. ARTICLE III RIGHTS AND LIABILITIES SECTION 300, 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 said municipality, and is hereby declared to be the successor of the same. It shall be subject to all liabilities that now exist against this municipality, ARTICLE IV POWERS OF CITY SECTION 400. POWERS OF CITY. The City of San Luis Obispo shall have the power to make and enforce all laws and regulations in re- spect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitu- tion of the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might orcould exercise under the Constitu- Y - t tion of the State of California., The enumeration in this Charter of any particular power shall not be held to be exclusive of or any limitation upon this general grant of power. SECTION 401. PROCEDURES. The City shall have the power and may act pursuant to procedure established by any law of the State, un- less a different procedure is established by ordinance. ARTICLE V ELECTIONS SECTION 500. GENERAL MUNICIPAL ELECTIONS. General municipal elec- tions to fill elective offices shall be held in said City on the second Tuesday in April in each odd numbered year beginning with the year 1951; provided that the members of the Council of the City of San Luis Obispo, consisting of the Mayor and four council- men, in office at the time this Charter is,approved by the State Legislature shall continue in office until the expiration of the terms to which the members thereof were individually elected or appointed, and until their successors are elected and qualified. SECTION 501. SPECIAL MUNICIPAL ELECTIONS. Special municipal elections may be held by authority of this Charter or by the author- ity of any law of the State of California during the.period this Charter shall be in effect. SECTION 502. PROCEDURE FOR HOLDING ELECTIONS. All elections held under this Charter shall be held and conducted in accordance with the provisions of the Elections Code of the State of California as the same now exists or may hereafter be amended, for the holding of elections in cities of the.Sixth Class unless such provisions are in conflict with the provisions of this Charter or unless an ordinance providing for the manner of holding and conducting elec- tions is adopted by the City Council. SECTION 503. INITIATIVE, REFERENDUM AND RECALL. The provisions of the Elections Code of the State of California, as the same now r exist or may hereafter be amended governing the initiative, refer- endum and recall of municipal officers, shall apply to the use thereof in this City in.so far as the provisions of the elections code are not in conflict with this Charter. SECTION 504. ELIGIBILITY FOR OFFICE. No person shall be eligible for election to, or to hold, any elective office of said City un- less he shall have been a resident and an elector thereof or of territory legally annexed thereto, on or prior to the date of such election or appointment, for at least three years next preceding his election thereto, or his appointment to fill a vacancy therein. SECTION 505. ELECTION AND TERMS OF COUNCILNEN. At the first gen- eral municipal election held under this Charter in April of 1951 three members shall be elected to the Council, and thereafter two or three members shall be elected alternately at each succeeding biennial election. The term of each elected member shall commence on the first Monday in May at twelve o'clock noon, following the day of election, and each member shall serve for a term of four years, and until his successor is elected and qualified. Any ties in voting shall.be settled by the casting of lots. SECTION 5o6. MAYOR AND TERM OF OFFICE. The Mayor shall be elected by and from the Council by a vote of three or more members for a term of two years from and after the first Monday in May at twelve o'clock noon, following the day of election, and shall serve until his successor is elected and qualified. A vacancy in the position of Mayor shall be filled for the unexpired term by the.Council from among its members by a vote of three or more of its members. ARTICLE VI LEGISLATIVE DEPARTMENT: THE COUNCIL, POWERS AND DUTIES SECTION 600. LEGISLATIVE POWER. The legislative power of the City of San Luis Obispo shall be vested in the people through the initia- tive and referendum, and in the Council. t - ' SECTION 601. MEETINGS. The Council shall meet in the Council Chambers in regular session on the first day of May following their election, at twelve o'clock noon, and shall organize as herein re- quired. Thereafter the Council shall meet at such times and places as have been or may be prescribed by ordinance or resolution, ex- cept that it shall meet regularly at least once each month. All meetings shall be open to the public. Special meetings may be called by the Mayor, or by a quorum of the Council, but notice of every such meeting must be served personally upon every member not joining in the call, and upon the City Manager, or left at the place of residence or of business of such person to be so served, not less than three hours before the time of such special meeting. Such notice must btate"the time of such meeting. All meetings of the Council and all records thereof shall be open to the public, and no citizen shall be denied the right personally, or through counsel, to present a grievance, or offer suggestions for the bet- terment of municipal affairs.. SECTION 602. QUORUM. Three members of the Council shall constit- ute a quorum, but a less number may adjourn from time to time. No franchise shall be granted, ordinance passed, budget adopted, sup- plemented or amended, appropriation made, or payment of money ordered unless three members of the Council concur in said action. SECTION 603. GENERAL.POWERS OF THE COUNCIL. Subject to the pro- visions and restrictions in this Charter contained, and the delega- tion by this Charter of any powers to any person, officer, board, or commission, which delegation of power, if any, shall control, the Council shall have the power sin the name of the City, to do and perform all acts and things appropriate to a municipal corpora- tion and the general welfare of its inhabitants and which are not specifically forbidden by the Constitution of the State of Cali- fornia, or which now or hereafter it would be competent for this Charter to specifically enumerate. No enumeration or specific To .N t 75 statement herein of any particular powers shall be held to be ex- clusive of, or a limitation of, the foregoing general grant of powers. SECTION 604. BOARD OF EQUALIZATION. The City Council shall meet at its usual meeting place as a Board of Equalization on a date to be set by the Council and published in the official newspaper, as required by general law, and shall continue in session by adjourn- ment from day to day until all returns of the Assessor have been rectified and assessments equalized. SECTION 605,. CERTAIN POWERS AND DUTIES ELummTEO. The Council shall: 1. Have all the powers of a council under the laws of the State of California, except as otherwise provided herein. 2. Provide in the annual budget for a sum of one thousand dollars as an expense account for the exclusive use of the Mayor in his official capacity. 3. Appoint a City Manager, a Police Judge, a City Attorney, a City Clerk, a Library Board, a Planning Commission, and a Be - creation Commission. SECTION W. ORDINANCES. The enacting clause of every ordinance .passed by the Council shall be: "Be it ordained by the Council of the City of San Luis Obispo." The enacting clause of every ordin- ance initiated by the people shall be: f$Be it ordained by the People of the'City of San Luis Obispo.." At least five days must elapse between the introduction and the final passage of any ordinance; provided, that amendments germane to the subject of any proposed ordinance may be made when itis brought up for final passage; pro- vided, any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health or safety and containing the reasons for its urgency, may be introduced and passed at one and the same meeting, regular or special, and, if passed by a four-fifths vote, shall become effective immediately T i. upon publication. A final vote on any ordinance, or any vote on any appropriation must be taken only at a regular or adjourned regular meeting. Every ordinance must be signed by the Mayor, at- tested by the Clerk, and at the discretion of the City Council, published once in the official newspaper within fifteen days of its passage, or posted in three public places, together with a single publication in the official newspaper stating the title of the ordinance, its date of adoption, its date of taking effect, and a list of places where copies of the ordinance have been posted. SECTION 607. WHEN ORDINANCES GO INTO EFFECT. Except as otherwise provided in this Charter, every ordinance and every measure passed by the Council granting any franchise or privilege, shall go into effect at the expiration of thirty days after its final passage, unless otherwise provided in said ordinance or measure; provided, however, that no such ordinance or measure shall go into effect in less than thirty days from its final passage. But ordinances de- clared by the Council -to be necessary as emergency measures, as hereinbefore provided, ordinances ordering or otherwise relating to elections, ordinances relating to public improvements, the cost of which is to be borne wholly or in part by special assessments, and taxing ordinances, may go into effect at the will of the Council. SECTION 608. ADDING ORDINANCES. No .ordinance shall be amended by reference to its title, but the sections thereof to be amended shall be re-enacted at length as amended; and any amendments passed contrary to the provisions of this section shall be void. SECTION 6og. CODIFICATION OF ORDINANCES. The Council shall pro- vide for the codification of all ordinances which have been enacted and published and which have not been repealed. This codification need not be published as a whole, but certain portions dealing with the construction of buildings, plumbing, wiring, sanitation, and other subjects which require extensive regulations, should be made available in convenient form for distribution to those who apply for copies. All code provisions may be adopted by the Council by reference, by an ordinance prepared for such purpose, and three copies shall be available in the office of the City Clerk for the use and examination.of the public. Subsequent amendments to sec- tions of the code shall be enacted in the same manner as required for amendment of ordinances herein. SECTION 610.. NEWSPAPER ADVERTISING AND PRINTING. The Council shall advertise annually for the submission of sealed proposals or bids from daily newspapers of general circulation printed and published in the City, for the publication of all ordinances and other legal notices and matters required to be published. A ®on - tract shall be awarded to the responsible bidder submitting the lowest bid on the basis of the bonafide subscription list of pay- ing subscribers of said publication within the city limits of said city. The newspaper to which such contract is awarded shall be known and designated as the "official newspaper". The rates for publishing public notices shall not exceed the customary rates charged for publishing legal notices of a private character. Fail- ure of the Council to designate an official newspaper shall not invalidate any publication, where the same is otherwise in conform- ity to law or this Charter. SECTION 611. VIOLATION OF ORDINANCES. The violation of any or- dinance adopted and published by the City Council shall constitute a misdemeanor and may be prosecuted or may be redressed in the manner provided by the general law of the State.. SECTION 612. PUBLIC WORK AND SUPPLIES. 1. 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, by an officer or officers authorized to sign the same, and must be countersigned by the Controller, who shall number and register the same in a book kept for that purpose. 2. PROGRESSIVE PAYMENT OF CONTRACTS. Any contract may pro- i vide for progressive payments if in the ordinance or resolution authorizing or ordering the work permission is given for such pay- ment. But no progressive payments may be provided for or made at any time which, with prior payments, if there have been such, shall exceed in amount at any time seventy-five per cent of the value of the labor done and the materials used up to that time, and no con- tract shall provide for or authorize or permit the payment of more than seventy-five per cent of the contract price before the comple- tion and acceptance of the work. 3. PUBLIC WORK TO BE DONE BY CONTRACT. In the erection, im- provement and repair of all public buildings and works, in all street and sewer work, dorms under and by authority of the laws of the State creating a bonded indebtedness, and in furnishing any supplies or materials for the same, or for any other use by the City, when the expenditure required for the.same exceeds the sum of five hundred dollars but does not exceed two thousand dollars, three informal bids are required, when over two thousand dollars formal bids are required and the contract shall be let to the low- est responsible bidder, after notice by publication in the official newspaper by two insertions, the first of which shall be at least ten days before the time for opening bids; provided, however, the Council may by a three-fifths vote reject any and all bids, if deemed excessive, and readvertise for bids, or provide for the work to be done or supplies or materials purchased under the direction of the City Manager, provided the total cost submitted by the City Manager shall not exceed the lowest acceptable bid submitted. In case no bid is received, the Council may likewise provide for the work to be done or supplies or materials purchased under the direction of the City Manages.. When the estimate of the cost of said work by the Superintendent of Public Works shows that said work can be done for an equal or less cost than that of the lowest bid, then any of the work herein mentioned may be done by the Department of Public Works, and the said department shall be deemed the contractor, with v9 the right to enforce all liens, and with the same powers, rights, duties, and obligations as are made and provided by the laws of the State for contractors who have entered into contracts to do such work as the lowest responsible bidder. 4. ILLEGAL CONTRACTS. No officer or employee of the City shall be or become directly or indirectly interested in any con- tract, work, or business, or in the sale of any article, the expense, price, or consideration of which is payable from the City treasury, nar shall he receive any grattity or advantage from any contractor or person furnishing labor or materials for the same. No officer or employee of the City shall aid or assist a bidder in securing a contract to furnish Labor, material, or other supplies at a higher price or rate than that proposed by any -other bidder, or favor one bidder over another, or give or withhold information from any bidder, not given or withheld from all other bidders, or willfully mislead any bidder in regard to.the character of the materials or supplies called for, or knowingly accept materials or supplies of a quality inferior to that called for by the contract, or knowingly certify to a greater amount of labor performed or material or supplies furnished than has, respectively, been performed or received. Any officer or employee violating any of the provisions of this section shall be guilty of a misdemeanor and shall forfeit his office or employment on order of the Council or court of competent jurisdiction. If at any time it shall be found that any person, firm, or corpora- tion to whom a contract has been awarded by the City has, in pre- senting any bid, colluded with any other party or parties, then the contract so awarded shall, if the Council so elect, be null and void and the contractor and his bondsman shall be liable to the City for all loss and damage which the City may suffer thereby. In such event the Council may advertise anew for bids for said work or supplies. 5. PREFERENCE TO CITIZENS OF THE CITY, (a) When laborers, workmen or mechanics are employed upon any public work, whether so employed directly by the City and its officers, or by contractors or subcontractors, or by'any other person or persons, such laborers, workmen or mechanics wheneverpractical must be qualified residents of the City for at least ninety days, and veterans and married men must be given preference, qualifications being equal. (b) When making purchases for any department of the City, local merchants shall be given the prBference, quality and price , tieing commensurate. SECTION 613... CONTRACT FOR PERFORMANCE OF ADMINISTRATIVE FUNCTIONS. The City Council, upon the written.recommendation of the City Mana- ger,. may contract with the governing body or administrative agency of any other city, or county within this State, or with any State department or other agency for the preparation or conducting of competitive examinations for positions in the City service or for the performance of any other.personnel administrative service. The City Council may contract with the County of San Luis Obispo, or any other public health organization, for the performance of any or all functions in connection with public health matters. SECTION 614. SALH.OR LEASE OF CITY PROPERTY. No sale of real estate shall be authorized by the Council except by ordinance passed by the affirmative vote of three-fifths of all the members and no lease of any city property shall be made for a period.longer than five years, except by ordinance adopted by a three-fifths vote of the Council. SECTION 615. VACANCIES IN THE COUNCIL. Any member of the Council who is absent from all meetings thereof for two consecutive months, unless excused by the Council,- shall forfeit his office. Any vacancies occurring in the Council shall be filled by a person ap- pointed by a three-fifths vote of the Council. Said person ap- pointed shall serve for the remainder of the unexpired term of the vacating councilman and until his successor is elected and qual- ified. SECTION 616. OFFICIAL BONDS. The Council shall, by ordinance, de- termine what officers and other persons in the service of the City shall give bond for the faithful performance of their duties, and shall fix the amounts of such"bonds and each of such officers and other persons shall before entering upon the duties of his office or employment, execute a bond to the City in the penal sum provided by such ordinance, including in the same bond the duties of all offices of which he is made, by this Charter or otherwise, ex of- ficio incumbent. Such bonds must be examined and approved by the Council. All bonds when approved shall be filed with the Control- ler or City Clerk, excgpt the Controller's bond, if any, which shall be filed with the Treasurer.All the provisions of any law of this State relating to the official bonds of officers as then existing shall apply to such bonds, except as herein otherwise pro- vided. In all cases where surety company bonds are approved by the Council, the premium therefor shall be paid by the City. SECTION 617. OATH OF OFFICE. Every officer of the City, before entering upon the duties of his office, shall take and file with the Clerk the constitutional oath.of office, except that -the oath of the Clerk shall be filed with the Treasurer.. The oath or af- firmation shall read: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, the Constitution of the State of California, and that I will faithfully discharge the duties of the office of under the Charter and Or- dinances of the City of San Luis Obispo to the best of my ability." SECTION 618. RECORDS. The City Clerk, or his deputy, shall keep, under the direction of the Council, a full and true record in a book, of all proceedings of the Council, and of the Board of Equal- ization. He shall keep a book, marked "Ordinances", in which he shall copy all ordinances, with his certificated annexed to said copy, stating that it is a full and true record thereof, and that such ordinance has been duly published or posted. Said record copy, with such certificate, shall be prima facie evidence of the contents of such ordinances and of the passage and publication _i 12 thereof. He shall also keep an index to the minutes of the Council and to said ordinance book. The Clerk shall be the custodian of the City Seal and shall affix the same to all official certificates made, by him and to other papers when directed by the Council to attest or execute the same. He shall have power to administer oaths and af- firmations, to take affidavits, and to certify the same. He shall have such other powers and perform such other duties as may be pro- vided by this Charter, or by ordinance or resolution. SECTION 619. EXAMINATION OF RECORDS. The Council shall employ, at the beginning of each fiscal year, a public accountant competent in municipal accounting who shall from time to time, without notice, examine the books, records, inventories, and reports of the Control- ler or City Clerk, and of all other officers and employees who re- ceive or disburse City money, and of such other officers and depart- ments as the Council may direct.. The final report at the end of the fiscal year shall be made in quadruplicate and one each thereof shall be filed with the Controller, Council, City Manager and City Attorney. Any officer, clerk or employee who shall refuse to give all required assistance and information to such accountant or submit to him for examination such books, papers and records of his office as may be required, shall forfeit his office, by order of the. Council or court of competent jurisdiction. SECTION 620. ANNUAL REPORT. The Council shall cause to be prepared and issued an annual report of the financial and administrative oper- ations of the City at the close of each fiscal year: Sufficient copies of this report shall be available at the office of the City Clerk for distribution to those who may apply for them. ARTICLE VII OFFICERS, DEPUTIES AND EMPLOYEES ELECTION, APPOINTMENT, AND COMPENSATION SECTION 700. ELECTIVE OFFICERS. The elective officers of the City of San Luis Obispo shall be five members of the City Council and five members of the Board of Education of the San Luis Obispo High School District, who shall serve terms of four years. SECTION 701. APPOINTIVE OFFICERS. The City Council shall appoint the City Manager, the members of the Library Board, the Planning Commission, the Recreation Commission, the Police Judge, the City Attorney, and the City Clerk. The City Manager shall appoint, with the approval of the City Council, and subject to serve at his pleasure, a Controller, Assessor, Treasurer, Collector, Superintend- ent of Public Works, Police Chief, Fire Chief, Health Officer, un- less otherwise provided, heads of all other departments created hereafter by ordinance of the Council, and such other officers and employees under his administrative jurisdiction. SECTION 702. REMOVAL OF OFFICERS AND EMPLOYEES. Every person hold- ing a position in the service of the City shall be subject to sus- pension, demotion, or removal from office or employment by the Of- ficer, Council, Board or Commission appointing such person, for misconduct, incompetency, inefficiency, failure to perform the duties or to observe the rules and regulations of such department, office, board, or commission, or for failure to cooperate reasonably with the City Manager, the department head, or with his fellow em- ployees. Where the appointment of any of said officers is vested in the Council, such appointment and any removal must be made by a three-fifths vote of the membership of the Council. Only the ac- tion of the City Council in suspending or removing an officer.or employee shall be final and conclusive. SECTION 703. COMPENSATION. The Library Twustees, boards and com- missions, shall serve without compensation. The Mayor and members of the City Council shall receive the sum of fifty dollars per month. The compensation of all appointive officers and employees of the City, except officials and members of boards, commissions and committees serving gratuitously, shall be fixed o.r changed by the annual appropriation ordinance adopted by three-fifths vote of the N it 14 Council, and, except the office of the City Manager, upon the re- commendation of the City Manager only, No officer or employee shall be allowed any fee, perquisite, emolument or stipend, in addition to, or save as embraced in, the salary or compensation fixed for such of- fice by the Council, and all fees received by such officer in connec- tion with his official dutbs shall be paid by him into the City Treasury. SECTION 704. CLASSIFICATION AND STANDARDIZATION. The Council shall by ordinance or resolution, with the cooperation and assistance of the City Manager, provide for a systematic classification of posi- tions and a standardization of salaries of all paid appointive of- ficers and employees of the City. SECTION 705. DISABILITY OF COUNCILMEN. No councilman shall be elig- ible during the term for which he was appointed or elected or within six months thereafter, to hold any other office or employment with the City, except as a member of any board, commission or committee thereof, of which is constituted such member by general law or by this Charter. ART31CLE VIII CITY' MMGER SECTION 800. QUALIFICATIONS. The City Manager shall be the chief executive and administrative head of the city government. He shall be chosen by the City Council without regard to political considera- tion and solely with reference to his executive and administrative qualifications. No one shall be eligible for appointment thereto who has not: a) served as City Manager, or , b) as an assistant or deputy thereof for at least one year, or c) had at least three years' experience in a responsible executive position. He need not be a resident of the State of Cali - fornix or the City of San Luis Obispo at the time of his appointment,. IK. but promptly thereafter he shall become and thereafter remain, dur- ing his incumbency, an actual resident of the city. SECTION 801. ELIGIBILITY OF COUNCILMEN. No member of the City Council shall, during the time for which he was elected or appointed, or for one year thereafter, be eligible to hold the position of City Manager. SECTION 802. TERM. The City Manager shall be appointed for an in- definite term, but shall be removable by resolution at the pleasure of the Council, only by a three-fifths vote thereof. Before he may be removed he shall, if he shall so demand, be given the right to be heard publicly at a meeting of the Council prior to the final vote on the resolution providing for his removal, but pending and chring such hearing the Council may suspend him from office. The action of the Council in suspending or removing the City Manager shall be final and conclusive. Upon any vacancy occurring in the office of the City Manager subsequent to the first appointment hereunder, the Council shall, at its next meeting thereafter, adopt a resolution of its intention to appoint a City Manager, which resolution shall be published once in the official newspaper of said City, and no such appointment shall be made until at least four weeks shall have elapsed after such publication and must be made within sixty days thereafter. This provision, however, shall not affect the appointment of a City Manager pro tem as herein pro- vided. SECTION 803. BOND. Before entering upon his duties, the City Manager shall file with the City Clerk an official bond for the faithful performance thereof, payable to the City in the sum og five thousand dollars, the premium of which shall be paid by the City. Said bond shall be to the satisfaction of the Council and the approval of the Controller shall be endorsed thereon, SECTION 804. SALARY. The City Manager shall be paid a salary com- ti 16 mensurate with his duties and responsibilities as the chief execu- tive of the City. SECTION 805. POWERS AND DUTIES. The powers -and duties of the'City Manager shall be: 1. To see that all ordinances are enforced. 2. To appoint, with the approval of the Council, except as otherwise provided in this Charter, all heads of departments and other city officers and employees, and remove the same at pleasure, and to have general supervision and control over the same. All of such appointments shall be made upon merit and fitness alone, 3. To exercise general supervision over all privately owned public utilities operated within the City so far as the same are subject to municipal control. 4. To see that the provisions of all franchises, leases, contracts, permits and privileges, granted by the City, are fully observed, and to report to the Council any violation thereof. 5. To attend all.meetings of the Council unless excused therefrom by•the Council. sions. 6. To act as an ex officio member of all boards and commis- 7. To act as purchasing agent for all departments of the City; provided, however, that he may designate some officer or em- ployee of the City to act as assistant purchasing agent, and to perform the duties of the purchasing agent. All purchases shall be made by requisition signed by the City Manager. 8. To examine or cause to be examined, without notice, the official conduct of any officer, assistant, deputy, clerk, or em- ployee in any of the departments of the city government, except of the Council. 9. To keep the Council advised as to the needs of the City. 10. To prepare and submit to the Council the annual budget estimate and such reports as may be required by that body, includ- ing the annual report of all the departments of the City. 11. To prepare, or cause to be prepared, plans and specifi- cations for work which the Council may order, coming under his sipervision; and to provide such pleas and specifications in suffi- cient number and in ample time to give full opportunity for all contractors who desire to bid thereon to do so. W. To have control of all public utilities owned or operated by the City. 13. To have general supervision over all City property and its use by the public or City employees. 14. To make such recommendations to the Council or Board of Equalization regarding the annual assessment roll as he may deem advisable. 15. To act as Personnel Officer of the City, if a Personnel Board has not been created by the City Council as provided in this Charter. - 16. To devote his entire time to the discharge of his of- ficial duties. 17. To appoint such advisory boards as he may deem desirable to advise or assist him in his work, provided the members of such boards shall receive no compensation. 18. To perform such other.duties as may be required by this Charter, or as the Council may require of him. 19. From time to time, in order to facilitate'the prompt, economical and efficient dispatch of city business, to organize the work of the departments under his control, to assign assistants, de- puties, and employees from any office or department of the City government to perform such work or service in connection with any other office or department thereof, or to work in more than one of said offices or departments; provided that no such change shall affect the powers of duties of any elective officer -of the City. SECTION 806. SEATS AT COUNCIL ?MEETINGS. The City Manager and such other officers of the City as may be designated by vote of the Council shall be entitled to seats with the Council, but shall have no vote therein. The City Manager shall have the right to take part in the discussion of all matters coming before the Council. SECTION 807. CITY MANAGER PRO TEM. In case of the absence of the City Manager, or his temporary disability to act as such, the Council shall appoint a City Manager pro tem who shall possess the powers and discharge the duties of the City Manager during such ab- sence or disability only; provided, however, that a City Manager pro tem shall have no authority to appoint or remove any City of- ficer or employee except with the four-fifths vote of the Council. SECTION W. ASSISTANT CITY MANAGER. The City Council may provide for the appointment of an Assistant City Manager. In such case he shall be appointed by the City Manager and be under his supervision and direction. SECTION 809. COUNCIL INTERFERENCE IN ADMINISTRATION. No member of the Council shall in any manner, directly or indirectly, by sugges- tion or otherwise, attempt to coerce the City Manager in the making of any appointment or removal; or the purchase of supplies, or at- tempt to exact any promise relative to any appointment from any candidate for City Manager, or discuss, directly or indirectly, with any such candidate, the matter of appointments to any City of- fice or employments. Any violation of the foregoing provisions of this section shall constitute a misdemeanor and shall work a for- feiture of the office of the offending member of the Council, who may be removed therefrom by the Co$nnil or by any court of competent jurisdiction. Neither the City Managlgr nor any person in the employ of the City shall take part in securing, or shall contribute any money toward the nomination or election of any candidate for a muni- cipal office. SECTION 810. INELIGIBLE PERSONS. No person related to the City Manager by consanguinity or affinity within the third degree shall hold any appointive office or employment with the City. ' 19 ARTICLE IX DUTIES OF OFFICERS SECTION 900. MAYOR. The Mayor shall be. the presiding officer of the City Council and shall have a voice and vote in all its pro- ceedings but shall not have the.power to veto any action of the Council. He shall be the official head of the City for all cere- monial purposes. He shall sign all official documents when the signature of the Council or Mayor is required by law. He shall have the power to administer oaths end affirmations.. He shall per- form all other powers granted in this Charter and the laws of the State of.California, not.herein modified or directly authorized in the office of City Manager. The City Council shall designate one of its members Mayor pro tempore during his absence, but shall fill any vanancy in the office foto the unexpired remainder of the regular term of the Mayor. SECTION 901. CITY CLERK. The City Clerk shall be appointed by the City Council as Clerk of the Council and shall serve at the pleasure of the Council. He shall,attend all meetings of the Council and shall keep a full and correct record of the proceed- ings of that body. He shall keep one book containing the minutes of the Council, and another containing the correct transcription of all ordinances and resolutions passed by the Council, and a record that each has been published as required by law. 'He shall conduct all correspondence for the Council and its committees. He shall be the custodian of the official seal of the City and shall be the sole official to affix this authentication to of- ficial documents of the City. He shall administer oaths and af- trmations, take affidavits and depositions pertaining to the affairs of the City, and shall certify copies of all official records. He shall be the custodian of all records, documents, books, and official papers delivered to him for safe keeping. SECTION 902. CITY ATTORNEY. The City Attorney shall be appointed by the City Council and shall serve at the pleasure of the Coun- i 20 oil. He shall be admitted and qualified to practice before the Supreme Court of the State of California. All other things being equal, an attorney who has had special training in municipal cor- poration law shall be appointed to this office, if practicable. The City Attorney shall be legal advisor of the Council, and all other city officials, boards, and departments, and when requested in writing for a legal opinion by any city official or the head of any department of the City concerning City business, his opin- ion must be given in writing. H® shall receive a salary commensur- ate with.his duties and responsibilities and in addition thereto such reasonable fees as the Council may allow for suits and pro- ceedings before any Court, board, officers, or commission when conducting special proceedings on behalf of the City. He shall prosecute all violations of City ordinances and shall draft all ordinances, resolutions, contracts, and other legal documents and instruments required by the Council or City Manager. SECTION 903. APPROVAL OF BONDS AND CONTRACTS. The City Attorney shall approve as to form all official and other bonds given to or for the benefit of said City, and no contract shall become enforce- able as against said City without the endorsement thereon of such approval. SECTION 904, ATTENDANCE AT COUNCIL MEETINGS. The City Attorney shall perform such other legal services as the Council may direct and shall attend all meetings of the Council unless excused there- from by the Council. SECTION 905. INABILITY TO ACT. When from any cause the City At-. torney is unable to perform the duties of his office, he may, with the consent of the City Council, appoint some other qualified at- torney temporarily to act in his place, and whenever, in the judgment of the Council, the interests of the City require it, it may, upon recommendation of the City Manager., employ assistant counsel. SECTION 906. RECORDS, The City Attorney shall deliver all books, 21 records, papers, documents, and personal property of every descrip- tion owned by the City, to his successor in office, and the City shall provide a means of safeguarding the same. SECTION 907. ADDITIONAL.POWERS AND DUTIES. The City Attorney shall possess such other powers, and perform such additional duties, not in conflict with this Charter, as may be prescribed by ordinance, or imposed upon the chief legal officer of municipalities by law. SECTION 908. ASSESSOR. If a contract with the County for assess- ing property for .municipal purposes has not been entered into as provided herein, then the Assessor shall be appointed as provided. by this Charter. He shall slake assessments of property as provided by State law, by this Charter, or by ordinance.. He shall be the aistodian of all assessment books, maps, plats, and all other records and property appertaining to his office. The City Assessor shall have paver to take affidavits and administer oaths in all matters relating to the assessment of property. SECTION 909. CONTROLLER* The Council may by ordinance combine the offices of City Clerk and Controller, but if not so combined then the Controller shall be appointed as provided by this Charter. He shall be the general accountant of the City. He shall establish a uniform system of accounts and bookkeeping for the City and all its offices, departments and boards thereof. He shall receive and pre- serve in his office all accounts, books, vouchers, documents and papers relating to accounts and contracts of the City, its dis- bursements, revenues, and other financial affairs. He shall keep an account of all moneys paid into or out of the Treasury, and shall.draw and sign all warrants on the Treasurer for payment of money out of the Treasury, except as otherwise provided in this Charter, by ordinance, or by general law. He shall submit a monthly statement of all receipts and disbursements to the City Council through the City Manager, in sufficient detail to show the exact financial condition of the City; and at the end of the 22 fiscal year, submit a complete financial statement and report. All orders for the purchase of goods, materials and supplies, and all orders or contracts proposed to be entered into by the City by vir- tue of which any money shall or may become payable by the City, ex- cept contracts the expense of which is to be paid by assessments upon properties benefitted or affected thereby, shall before becom- ing effective on behalf of the City, be presented to the Controller and have endorsed thereon his certificate that there remains un- expended and unapplied in the City Treasury as provided by this Charter, a balance of the appropriation or fund applicable thereto sufficient to pay the estimated expense to be incurred during the then current fiscal year under said order or contract as estimated by the Board or officer making the same or that adequate provision therefor has been made'in the tax levy, or by other revenues to be received by the City as estimated in the budget. It shall be the duty of the Controller to make such endorsement upon every such contract or order so presented to him, if there remains unexpended and unapplied the said estimated amount in any appropriation, fund, or tax levy, or other estimated revenue applicable thereto, and thereafter he shall hold,and retain the same amount to pay the ex- pense to be incurred under said order or contract until the same is fully performed and expense paid. SECTION 910. TREASURER. The City Treasurer shall'be appointed as. provided by this Charter. He shall receive and safely keep and pay out as directed in this Charter all moneys belonging to the City and all moneys received by or coming into the hands of any officer, board, department or employee of the City, and shall keep an exact account of receipts and disbursements.. He shall submit written monthly reports to the Controller showing all receipts, disburse - meats, and fund balances. with the City Manager. SECTION 911. COLLECTOR. Copies of these reports shall be filed The Treasurer shall be ex officio Col- 23 lector of taxes and licenses. He shall receive and -collect all city taxes, city licenses, water rates, and.all other classes of city revenue not otherwise provided in this Charter. SECTION 912.. HEJUM OFFICER. If a contract with the County Health Department for its services for the City is not entered into as pro- vided herein, then a Health Officer shall be appointed as provided by this Charter. The Health Officer shall be a duly licensed physi- cian under the laws of the State of California, or a person trained in public health work. He shall have all the powers and be subject to all the duties conferred upon health officers and boards of health by the general laws of the State, and such other powers and duties as may be conferred by ordinance. SECTION 913. CHIEF OF POLICE. The Chief of Police shall be appointed as provided by this Charter. The Chief of Police shall have general command and control over the police force. He shall have power, sub- ject to the approval of the City Manager, to make rules and regula- tions and to appoint such police officers and other employees as may be authorized by the Council. SECTION 914. FIRE CHIEF. The Fire Chief shall be appointed as pro- vided by this Charter. The Fire Chief shall have general control over fire protection and pbevention. He shall have power, subject to the approval of the City Manager, to make rules and regulations and to appoint such firemen and other subordinates as may be author- ized by the Council, SECTION 915. SUPERINTENDENT OF PUBLIC WORKS. The Superintendent of Public Works shall be appointed as provided by this Charter... This office shall combine the duties usually assigned to a City Engineer and a Street Superintendent by a charter or by general law. He must be an engineer, who has practiced his profession not less than five years, and registered by the State of California. All other things being equal, an engineer who has had special training or experience in municipal engineering shall be appointed 24 to this office, if practicable. He shall possess the same.power , to make surveys, plats and certificates as is given by law to city engineers and to county surveyors. He shall be the custodian of and shall be responsible for all maps, plans, profiles, field notes, and other records and memoranda belonging to the City and pertaining to his office and the.work thereof; all of which he shall keep in proper order and condition, with full indices thereof, and shall burn over the same to his successor, taking from him duplicate re- ceipts therefor, one of which he shall file with the Clerk. All maps, profiles, field notes, estimates and other memoranda of sur- veys and other professional work made or done by him or under his direction or control during his term of office, or that he may have received from his predecessor, shall remain the property of the City. SECTION 916. STREET SUPERINTENDENT EX OFFICIO. The Superintendent of Public Works shall be ex officio Street Superintendent and as such shall have the general care and supervision of streets and of the maintenance and repair thereof and the care and custody of tools and implements belonging to the City and used for street construc- tion and repair. He may employ such foremen, laborers, and other employees, subject to the approval of the City Manager, as the Council may authorize. The Street Superintendent shall perform such duties as -may be prescribed, now or hereafter, by ordinance or general lags of the State. Nothing herein contained shall pre- vent the City Manager himself from acting as Superintendent of. Public Works and ex -officio City Engineer and/or Street Superintend- ent and filling such offices as herein provided. SECTION 917. PUBLIC UTILITIES, The Superintendent of Public Works shall have charge of the maintenance and operation of all public utilities owned and operated by the City. ARTICLE X BOARDS AND COMMISSIONS SECTION 1000. BOARD OF EDUCATION. The control of the public 25 schools of the San Luis Obispo School District and of the Junior High School, Senior High School, and Junior College situated within the boundaries of the San Luis Obispo High School District shall be vested in a Board of Education, which shall consist of five members nominated and elected from the San Luis Obispo High School District at large. SECTION 1001. ELIGIBILITY. A person eligible to be a member of the Board of Education must have been a resident and a qualified elector of the San Luis Obispo High School District for at least. three years preceding the date of his election or appointment. SECTION 1002. POWERS AND DUTIES. The powers and duties of the Board of Education shall be such as. are prescribed by the Constitu- tion and laws of the State of California. SECTION 1003. ELECTION AND TERM. The members of the Board of Edu- cation shall serve for terms of four years from the fifteenth day of May at twelve o'clock noon, or until their successors are elected and qualified. The Board of Education in office at the time this charter is approved by the State Legislature shall continue in of - fico until the expiration of the terms to which the members there- of were individually elected; and thereafter, at each biennial elec- tion, there shall be elected members of the Board to fill the terms of the members expiring in that year:. All vacancies in the Board of Education shall be filled by a vote of the remaining members of the Board for the unexpired term.thereof. SECTION 1004. COMPENSATION. Each member of the Board of Edusation shall receive five dollars for each regular meeting of the Board. of Education which he shall attend; provided that he shall not receive more than twenty dollars in any one month. SECTION 1005. LIBRARY TRUSTEES. `he control and administration of the San Luis Obispo Public.Library shall be vested in the Board of Library Trustees which shall consist of five members appointed by the City Council for four year terms. The first board to be ap- 26 pointed under this Charter shall be chosen three members for a four year term and two members for a two year term. Thereafter the Council shall appoint either two or three members each two years respectively. Any vacancy in the.Board shall be filled.by the Council for the unexpired term. SECTION 1006. POWERS AND DUTIES.. The powers and duties of the= Library Board shall be such as are prescribed by the Constitution and lays of the State of California, and by ordinance of the City of San Luis Obispo, and to make.and enforce such rules and regula- tions as mgy be necessary for the operation of the Library. SECTION 1007. LIBRARIAN. The Library Board shall appoint a City Librarian who shall be trained and experienced in library service. SECTION 1008. RECREATION COMMISSION. There shall be a Recreation Commission consisting of five members who.shall serve without com- pensation. The members shall be appointed by the City Council for four year terms. The first board to be appointed under this Charter shall be chosen three members for a four year term and two members for a two year term. Thereafter the Council shall appoint either - three or two.members each two years respectively. Any vacancy in the Board shall be filled by the Council for the. unexpired term. SECTION 1009. POWERS AND DUTIES. The Recreation Commission shall adopt rules and regulations for the proper conduct of its business and for the administration of public recreation for the City. The Commission shall provide, conduct, and supervise public parks, playgrounds, athletic fields, recreation centers, and other recrea- tional facilities and activities on any of the properties owned and controlled by the City, or on other properties with the consent of the owners or authorities thereof. It shall have the power to con- duct any form of recreation -or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner. SECTION 1010. SUPERINTENDENT. The Recreation Commission shall 27 have the power to appoint or designate with the approval of the City Council a Recreation Director who shall be trained and experienced in recreation administration. . SECTION 1011. FINANCIAL SUPPORT. The Recreation Commission shall submit an annual budget request to the City Manager and the City Council for support of its activities, but in addition, shall have authority to receive gifts and bequests of money,or other real or personal property for the furthering of recreational or cultural facilities of the people of the City. SECTION 1012. REPORTS. The Recreation Commission shall make full and complete monthly and annual reports to the City Manager and the City Council, and such other reports as may be requested by these officials. SECTION 1013. PERSONNEL BOARD. The City Council may appoint a Personnel Board consisting of five members who shall serve without compensation for four year terms, A member of the Personnel Board shall not hold a public office or employment nor be a candidate for any other public office or position and shall not be an officer of any local, state, or national partisan political club or organiza- tion. The .first Board to be appointed under this Charter shall be chosen three members for a four year term and two members for a two year term. Thereafter the Council shall appoint either two or three members each two years respectively. Any vacancy in the Board shall be filled by the Council for the unexpired term. SECTION 1014. CONTRACT PERSONNEL SERVICE. The City Council shall have the power to enter into a contract with the State Personnel Board, or any other governmental personnel agency, to furnish per- sonnel services for the proper selection and management of employees of the City. The Board shall also have power to enter into con- tracts for limited periods of time with expert, technical, or scientific service in the installation of management of a personnel system. r 0 SECTION 1015. RULES AND REGULATIONS. The Personnel Board shall have the power, and it shall be its duty to divide the officers and employees of the City into a classified and unclassified service, define thb duties of all positions in the City service, establish with the approval of the Council, proper wage and salary grades for all positions, administer entrance and promotional examinations or tests, and provide for rules and regulations for the control and management of the personnel of the City. If the Personnel Board is not created by the Council, its powers and duties specified herein shall be exercised by the City Manager. SECTION 1016. POLITICAL ACTIVITY. Any employee of the City who is in the classified service shall not take part in any municipal poli- tical campaign, or in securing, contributing, or soliciting the con- tribution of money towards the nomination or election of any candid- ate for munisipal office in the City. Any person found guilty of the violation of this section shall immediately forfeit his office or employment. The Personnel Board, or City Manager-4;V.the Board is not created, shall have charge of the enforcement of the provisions of this section and the decision in any case arising thereunder shall be final and conclusive. SECTION 1017. SALARY AND WAGE SURVEY. The Personnel Board, or the City Manager, shall once each year, make a study of salaries and wages being paid in other public and private agencies, in order to ascertain whether the salaries and wages being paid the City officers and employees for similar work are comparable, and make recommenda- tions to the City Council thereon.. SECTION '1018. RETIREMENT, STATE SYSTEM. The City Council is em- powered to enter into a contract with the Board of Administration of the California State Employeets Retirement System, as it now exists or may hereafter be amended, making the appointed officials and employees of the City of San Luis Obispo, including the employees 29 of the Public Library, members of the said system, and for this purpose may levy a tax sufficient to paycosts and expenses of the share which the City must contribute to maintain employee partici- pation. It is provided, however, that the City Council may termin- ate this contract with the Board of Administration of the State Employee's Retirement System only upon authority granted by an ordinance adopted by a majority vote of the electors of the City - voting on such a proposition at'an election at which such proposal is presented. SECTION 1019. PLANNING COMMISSION. There shall be a City Planning Commission of six members who shall serve without compensation for a four year term. The first Commission to be appointed under this Charter shall be chosen three members for a four year term and three members for a two year term. Thereafter the Council shall appoint three members each two years. The ex officio members of the Planning Commission shall be one member of the City Council elected by and from that body, the City Manager, the City Attorney, the Superintendent of Public Works. SECTION 1020. POWERS AND DUTIES. The Planning Commission shall cause to be prepared a master plan for the physical development of the City. This plan, after public hearings, shall be presented to the City Council for its adoption, and subsequent amendment or re- peal. It shall exercise all supervision and control over the es- tablishment'and planning of land subdivisions within the City or within territory granted to it by the laws of the State of Cali- fornia. It shall make recommendations concerning all municipal. public works, recreational areas, clearance and rebuilding of blighted to substandard areas, and exercise such functions with the respect to zoning the areas and use of public and private land as may be prescribed by ordinance of the City Council, and the laws of the State of California. 30 ARTICLE XI POLICE COURT SECTION 1100. POLICE JUDGE. There shall be a Police Judge appoint- ed by the Council for a term of four years. If practicable, he shall be an attorney-at-law, admitted to the bar of the Supreme Court of California. He shall be judge of the Police Court, which is hereby established, and which may be consolidated with the Justice Court now functioning in the City of Ban Luis Obispo. The Police Court' shall have jurisdiction concurrently with the Justices' courts of all actions and proceedings, civil and criminal, arising within the corporate limits of the City and shich might be tried in such Justices' courts; and said Police Court shall have exclusive juris- diction of all actions for the recovery of any fine, penalty or forfeiture prescribed for the breach of any ordinance of said City, of all actions founded upon any obligation created by any ordinance. thereof, and of all prosee tions for the violation of any such ordinance. In civil actions where the fine, penalty, or forfeiture prescribed for the breach of any ordinance of the City is over one hundred dollars, the defendant is, upon his demand, entitled to a: jury. Except as in this section otherwise provided, the rules and practice and mode of proceeding in said Police Court shall be the same as are, or may be prescribed by law for Justices' Courts in like cases; and appeals may be taken to the Superior Court from all judgments of sAid Police Court in like manner and with like effect as in cases of appeals from Justices' Courts. SECTION 1101. POWERS OF JUDGE. The Police Judge shall have all powers and perform the duties of a magistrate and may administer and certify oaths and affirmations and take and certify acknowledge- ments. He shall make such periodical reports as the Council may require. SECTION 1102. INABILITY TO ACT. In all cases in which the Police Judge is a party, or in which he is interested, or when he is re- 3? lated to either party by consanguinity or affinity Within the third degree, or is otherwise disqualified, or in case of sickness or in- ability to act, he, or the Mayor, if he is unable to act, may call upon any Justice of the Peace residing in the County of San Luis Obispo to act in his stead. SECTION 1103. JUSTICE OF THE PEACE. The Counci& may, by ordinance, appoint any Justice of the.Peace of the township in which the City of San Luis Obispo is located, as Police Judge thereof, regardless of his residence. SECTION 110$, RECORDS. The Police Judge shall keep a record of the proceedings of the Police Court in all matters and cases before said Court. Separate dockets shall be kept for civil and criminal cases. All records files, and other property of the Police Court under the preceding Charter of the City shall be the records, files, and property of the Police Court of said City created by this Charter. SECTION 1105. RECEIPTS. All fines, fees, forfeitures and costs collected by the Police Court shall be paid into the City Treasury within forty-eight hours from, or the next working day following their receipt. SECTION 1106. CONTINUITY OF PROCEEDINGS. All actions and proceed- ings pending and undetermined in the Police Court under the preced- ing Charter, shall be proceeded with, heard, tried and determined in said Police Court herein established, before the Police Judge thereof, as if such action or proceeding had been originally com- menced therein. SECTION 1107. CLERK. The Council may create the position of Clerk of the Police Court when such position seems justified by the busi- ness of the court. The Clerk of the Court shall be empowered to administer oaths in accordance with State law. SECTION 1108. JURY FEES. The City Council shall provide for the payment of fees for service on the jury of the Police Court of the City. ARTICLE XII FISCAL ADMINISTRATION SECTION 1200. EXPENDITURES AND INDEBTEDNESS, No money shall be expended and no indebtedness shall be incurred on behalf of the City, for any purpose, unless and until the same shall have been authorized by ordinance, resolution or order of the Council, or in case of bonds, by vote of the people. SECTION 1201. PRESENTATION OF DEMANDS. All demands against the City shall, before being paid, be presented to and approved by the proper Board, Commissioner or Officer, as herein provided. Demands for which no appropriation has been made shall be presented to the Council; and all other demands shall be presented to the City Mana- ger; provided, that any person dissatisfied with the refusal of the. City Manager to approve any demand, in whole or in part, may pre- sent the same to the Council, and.the approval of such demand by a three-fifths vote of the Council shall have the same effect as its approval by the City Manager. The Council shall provide for a petty cash fund to be paid to the City Manager and uded by him for payment in cash of expenditures provided for in the budgets that cannot conveniently be paid otherwise, He shall account to the Council for all moneys paid by him out of said fund when making demand for the replenishment of the same, and at such other times as the Council may require, and they shall thereupon be charged against the proper appropriations. The City Manager may be author- ized to expend, or authorize the expending of, not to exceed five hundred dollars in open market purchases without advertising for bids for supplies, materials, and equipment in immediate demand. SECTION 1202. WARRANTS ON TREASURY. All demands approved by the proper Board, Commission or Officer shall be presented to the City 33 Controller who shall examine the same; and if the amount thereof is legally due and there remains on his books an unexhausted bal- ance or an appropriation against which the same may be charged, he shall approve such demand and draw and sign his warrant on the Treasurer therefor, payable out of .the proper fund. Objections of the Controller to any demand may be over -ruled by a three-fifths vote of the Council, and the Controller shall thereupon draw his warrant as.directed by the Council. Such warrants, when presented to the Treasurer, shall be paid by him out of the fund therein designated, if there be sufficient money in such fund for that purpose. A warrant not paid for lack of Bands shall be registered, and all registered warrants shall be paid in the order of registra- tion when funds are -available therefor; all such registered war- rants shall bear interest at the rate of four per cent per annum. The Controller shall draw his warrants for payment of municipal or other bonds payable out of funds in the Treasury upon presentation and surrender of the proper bonds or coupons without approval of any body or officer. The Council may make further regulations by ordinance regarding the presentation, approval, and payment of demands against the City, not in conflict herewith. SECTION 1203. ACTIONS AGAINST CITY. No payment shall be made from the Treasury of the City, except as otherwise provided by law or this Charter, except on demands presented and approved and warrants drawn as herein or by ordinance provided. No action shall be brought on any claim or demand for money or damages against the City or any Board, Commission or Officer thereof, until a demand for the same has been presented as provided in this Charter or by ordinance and rejected in whole or in part. If rejected in part, action may be brought to recover the whole. Nor shall any action be brought upon any such demand that has been approved in whole, as herein or by ordinance provided, but nothing herein contained shall prevent the holder of any demand from resorting to proceedings to compel any Officer, Board, or Commission to act upon a demand or to pay a de- 34 mend that has been properly allowed. SECTION 1204. INVENTORY OF CITY PROPERTY. At the time for prepar- ing and submitting the budget, as prescribed in this Charter, a com- plete inventory of all personal property belonging to the City shall be prepared and filed with the City Clerk, and such inventory shall be submitted to the Council by the City Manager at the time of the submission of the annual budget. Such inventory shall be prepared under the direction of the City Manager, and all chief officials and department heads of the City shall be responsible for making and transmitting to the City Manager a full and correct inventory of all City personal property in their possession or under their control. SECTION 1205. ESTIMATES AND BUDGETS. The fiscal year of the City shall begin on the firtt day of July. On or before the first day of June of each year, the City Manager shall submit to the Council e proposed budget for the Municipal Public Utilities Department and a proposed budget for all other departments to be known as the General Budget. Said budgets shall includeestimates for all the revenues and expenditures of the City departments for the ensuing year. These estimates shall be compiled from detailed information obtained from the several departments on blanks to be furnished by the City Manager. The classification of the estimates of expend- itures shall be as nearly uniform as possible for all departments, and shall -give the following information. 1. A detailed estimate of the expense of conducting such de- partment and office of the City for the ensuing fiscal year; showing the objects of expenditure such as personal service, contractual service, materials and supplies, equipment, capital outlays, and. fixed charges; and further consolidated under funds, organization units andcharacter of expenditures. 2. Expenditures for the corresponding items for the current year and last preceding fiscal year with reasons for increases and decreases recommended as compared with appropriations for the our- . 35 rent year. 3., The total value of supplies and materials on hand at the date of the preparation of the estimate. 4. The total amount of City debt outstanding together with a schedule of maturities of bond issues by departments, and a state- ment of borrowing capacity of the City. 5.. A statement of the amounts which should be appropriated: a) For interest on the City debt; b) For paying off any serial bonds maturing during the year or for sinking fund requirements; c) for other fixed charges,. 6. An estimate of the amount which should be appropriated for contingent or emergency purposes. 7. An itemization of all anticipated revenues of the City from sources other than taxes, shown by departments. 8. An item to be known as "unappropriated balance" which sum shall be available for appropriation later in the fiscal year to meet contingencies which might arise. The budget may also con- tain an item to be known as the "cash basis fund" which shall be carried over to the next ensuing fiscal year following the fiscal year for which the budget is prepared, to meet the cash require- ments prior to the receipt of taxes. 9. An estimate of the amount of money to be raised from taxes,. the tax rate, and bond issues which, with revenue from other sources, would be necessary to meet the expenditures proposed. lo. A long -.time program of proposed activities, developments, and improvements listed in order of relative importance and specify- ing whether the work is to be done by bond issue, by taxation, or through use of the capital outlay fund. 11. Such other information as may be required by the Council or as the City Manager may deem advisable to submit. 12. Sufficient copies of such proposed budgets shall be pre- pared and submitted that there may be copies on file in the office of the Clerk for the inspection of the public and one copy of each , 36 budget furnished each member of the Council. The Council shall have power to revise, correct, or modify said proposed budgets in any particular. SECTION 1206, APPROPRIATIONS. After considering said proposed budgets, the Council shall fix a time for holding a public hearing upon the same and shall publish a.notice of the time fixed for said hearing one time in the official newspaper at least ten days before the time of meeting.. After said hearing the Council may further correct or modify said proposed budget and shall by resolu- tion, concurred in by three-fifths of the Council, adopt a Muni- cipal Public Utilities Department budget and a General Budget and authorize the tax levy to meet the total estimated expenses for the fiscal year less the amounts to be raised by bond issues and revenues collected from other sources. SECTION 1207, TRANSFER OF APPROPRIATIONS. At any meeting after the adoption of the budget or budgets, the Council, by a vote of three members, may amend or supplement such budget or budgets, so as to authorize the.transfer of unused balances appropriated for one purpose•to another purpose, 6v to appropriate available reve- nues not included in the annual budget. SECTION 1208. TAXATION. The Council shall have power by ordin- ance to provide a system for the assessment, levy and collection of all City taxes, which system shall conform as nearly as may be to the general laws of the State, provided for the assessment, levy and collection of county taxes. All taxes levied, together with any penalties imposed for delinquency and the cost of collec tion, shall constitute liens on.the property assessed, and every tax upon personal property shall be a lien upon the real property of the owner thereof. The said liens shall attach as of the first Monday in March of each year. SECTION 1209. TAX LIMIT. The City Council shall not levy a property tax in excess of eighty-five cents (850) on each one hundred dollars ($100.00 of the assessed value of taxable property 37 in the City for municipa& purposes, and thirty cents (30¢) for a public improvement and betterment fund, exclusive of special levies permitted by this Charter, unless authorized by the affirmative votes of two-thirds of the electors voting on the proposition at an elec- tion at which the question of such additional levy for municipal purpose is submitted to the electors. SECTION 1210. SPECIAL TAX LEVIES. Special levies of taxes, in ad- dition to the above, may be made annually, based on approved budget requirements for the following specific purposes: public library, parks and recreation, sinking fund for municipal buildings, city plaxanint, advertising, bond principal and interest, premiums for the State Employees' Retirement System. The proceeds of each special levy shall be used for no other purpose than that specified in the assessment ordinance. SECTION 1211. CO= MAY PERFORM FISCAL FUNCTIONS. The Council shall have power by ordinance to -authorize the transfer to and the assumption and discharge by.officers of the County of San Luis Obispo or to the State of California of any function of the City relating to the assessment of property for taxation and 9qualization of such assessment, the collection of taxes levied for municipal purposes, the collection of assessments levied for municipal improvements, the sale of property for nonpayment of assessments levied for'muni- cipal improvements, and the redemption of property from sales for either of said purposes, and may repeal any such ordinance. SECTION 1212. CASH BASIS FUND. The Council may create and main - twin a revolving fund, to be known as the cash basis fund, for the purpose of placing the payment of the running expenses of the City on a cash basis. For this purpose the'Council shall provide that, from the money collected from the annual tax levy and from money received from other sources, a sum equal to not less than two and one- half cents on each hundred dollars of the assessed value of said property shall be placed in such fund until the accumulated amount 38 thereof shall be sufficient to meet all legal demands against the City for the first four months or other necessary period of the succeeding fiscal year. The Council shall have power to transfer from the cash basis fund to any other fund or funds such sum or sums as may be required for the purpose of placing such fund or funds, as nearly as possible, on a cash basis. It shall be the duty of the Council to provide that all money so transferred from the cash basis fund be returned before the end of the fiscal year. SECTION 1213. SPECIAL FUNDS. The Council may create a Capital Outlay Fund for the purpose of meeting future planned extensions or buildings. SECTION 1214. SPECIAL TAXSS AND BONDS. Whenever the Council shall determine that the public interest demands an expenditure for muni- cipal purposes which cannot be provided for out of the ordinary revenue of the City, it may submit to the qualified voters at a regular or special election, a proposition to provide for such expenditure, either by levying a special tax, or by issuing bonds, but no such special tax shall be levied nor any such bonds issued, unless authorized by the affirmative votes of two-thirds of the -electors voting at such election. No bonds shall be issued to meet current expenses. The proceedings for the voting and issuing of bonds of the City shall be had in such a me,nner and form and under such conditions as shall be provided from time to time by general laws of the State of California. SECTION 1215. LIMIT OF BONDED INDEBTEDNESS. The bonded debt of the City shall at no time exceed a total of fifteen per cent of the assessed valuation of all property taxable for City purposes; provided, however, that bonds issued for the acquisition, exten- sion, betterment, or maintenance of municipally owned public util- ities shall not be counted as a part of such limitation. SECTION 1216, DEBT CONTRACT. The total amount of outstanding contracts for the purchase of property or equipment on a condi- f ti.onal sales contractor chattel mortgage basis shall not exeeed an amount equal to one -half -of one per cent of the assessed valua- tion of the City for general tax purposes. SECTION 1217. UTILITY FUNDS. Accounts shall be kept for each pub - lie utility owned or operatedby the City, distinct from other City accounts and in such manner as to show the true and complete finan- cial results of such City ownership, or ownership and operation, including all assets, liabilities, revenues and expenses. Such ac- ®unts shall show the actual cost to the City of each public utility owned, the cost of all extensions, additions and improvements, all expenses of maintenance, the amounts set aside for sinking fund purposes, and, in the case of Oity operation, all operating expenses of every description.. The accounts shall show as nearly as possible the value of any service furnished or rendered by any such public utility by or to any.other city or governmental department. The accounts shall also show a proper allowance for depreciation, in- surance and interest on the investment, and estimates of the amount of taxes that would be chargeable against the property if privately owned. The Council may annually cause to be made and printed for public distribution a report showing the financial results of such City ownership or ownership and operation, which report shall give the information specified in this section, and such other informa- tion as the Council may deem expedient. SECTION 1218. DEPRECIATION FUND. The Council shall annually set aside from the income derived by the City from its revenue produc- ing public utilities, as a separate depreciation fund for each of said public utilities, a sum which, according to the estimate of the City Manager, and approved by the Council, shall be sufficient to meet the normal depreciation in said public utility. Such funds shall be used only for the replacement; betterment, and ex- tensions of the plants and'equipment of said public utilities re- spectively. SECT TION 1219. PUBLIC SERVICE SINKIING FUND. A fund to be known 3 as the Public Service Sinking Fund is hereby created, to which fund shall be credited from the receipts of the Water Division and other public utilities, a sufficient amount each year to cover the total amount of payments falling due that year, for principal and interest of all bonds issued for the acquisition, improvement or extension of public utilities operated by the City, The Council shall fix from time to time the percentage of the receipts of the Water Division required to cover the principal and interest of such bonds, and such percentages of said receipts.sha11 be credited by the City Treas- urer to said Public Service Sinking Fund; provided, however, that if, in the opinion of.the Council, the total amount necessary for said Sinking Fund cannot conveniently be taken from the receipts of said Water Division, nothing in this section shall affect or impair their power, after so declaring, to levy such taxes as may be neces- sary to provide for interest and principal of such bonds. SECTION 1220.. BOND RETIRFMT FOND. Any surplus ,from the income of such revenue producing public utilities remaining after provid- ing for said Depreciation Fund and said Public Service Sinking Fund shall be used only for the retirmenet of the bonded debt issued for the public utility producing the same, or for expenses of operation, maintaining, improving or bettering.such public utility. SECTION 1221. SPECIAL DEPOSIT FUND. There is hereby created a fEnd to be known as the Special Deposit Fund, wherein shall be de- posited all moneys received by the City or any Department, Officer, or Board thereof for the purpose of guaranteeing the payment of any costs, charges, or damages accruing or liable to accrue to the City from the depositor, and all moneys deposited as bail to secure the liberation of a person accused of a public offense, and all moneys required to be deposited for the purpose of indemnifying persons whose property is in danger of being damaged or destroyed by the operation of the depositor. The money so deposited may be returned to the depositor should be become entitled to the return thereof, in such manner as the Council may, by resolution, prescribe, or, upon default being made in the payment of such costs,kha,rges or damages, or in the performance of any of.such conditions, acts or things, may be declared forfeited in whole or in part or may be disposed of as the Council may direct. SECTION 1222. SPECIAL ASSESSMENTS. The acquisition, improvements, widening and opening of streets, the planting of trees, and the making of any other public improvement may be done and assessments therefor may be levied in conformity with and under the authority conferred by general laws;.provided, however, that the Council may by ordinance adopt a procedure for the improvement of streets, alleys or other public places, the laying of pipes, or conduits, or for the removal of dirt,'rubbish, weeds and other rank growths and materials which may endanger or injury neighboring property or the health or the welfare of inhabitants of the vicinity, from buildings, lots and grounds and the sidewalks opposite thereto.,. and for making and enforcing assessments against property benefitted or affected thereby or from which such removal is mode, for the cost of such improvements or removal, and may make such assessments a lien on such property superior to all other claims or liens thereon except State, County and Municipal taxes, but no such ordinance shall prevent the Council from proceeding under general laws for said purposes. SECTION 1223. ILLEGAL APPROVAL OF PAYMENTS. Every officer who shall willfully approve, allow or pay any demand on the Treasury not authorized by law", shall be liable to the City individually and upon his official bond for the amount of the demand so approved, allowed or paid, and shall forfeit.such office and be forever dis- barred and disqualified from holding any position in the service of the City, by order of the Council or a court of competent juris- diction. SECTION 1224. DEPOSIT OF MONEY COLLECTED. All moneys received from taxes, licenses, fees, fines, penalties and forfeitures, and all moneys which may be collected or received by any officer of the City in his official capacity, or by any department of the City for the performance of any official duty, and all moneys accruing to the City from any source, and all moneys directed by law or by this Charter to be paid or deposited in the Treasury, shall be paid into the Treanury within forty-eight hours, or the next working day. The Treasurer shall receipt for each such deposit in triplicate, giving. the original and duplicate to the depositor who must file the dupli- cate with the Controller. ARTICLE XIII FRANCHISES SECTION 1300. GRANTING OF FRANCHISES. The City Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage or any other public utility or service, and to use the public streets, ways, alleys and places, as the same now or may hereafter exist, for the construction and operation of plants, works, or equipment, necessary or convenient for the furnishing thereof, or necessary or convenient for traversing any portion of the City for the transmitting or con- veying of any service elsewhere. The City Council may prescribe the terms and conditions of any such grant. It may also provide, �.^ bproeedurea1 ordinance, the method of procedure and additional terms and.conditions for making such grants, subject to the provi- sions of this Charter.1 SECTION 1301, RESOLUTION OF INTENTION, NOTICE AND PUBLIC HEARING. Before granting any franchise, the City Council shall pass a reso- lution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix and set forth the day, hour and place when and where any persons having any interest therein or any ob- jection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once within fifteen (15) daysof the pass- age thereof, in the official newspaper, The time fixed for such hearing shall not be less than twenty (20) nor more than sixty (60) days after the passage of said resolution. At the time set for the hearing the City Council shall proceed to hear and pass upon all protests and its de&i.sion thereon shall be final and conclusive. Thereafter, it may grant, or deny, the franchise, subject to the right of referendum of the people. SECTION 1302. TERM OF FRANCHISE. Eve3y franchise shall state the term for which it is granted, which, unless it be indeterminate as provided for herein, shall not exceed thirty-five (35) years. No franchise may be renewed until three years before its term expires.. A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same, with the consent of the Railroad Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall pur- chase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the possessor thereof. SECTION 1303. GRANT TO BE IN LIEU OF ALL OTHER FRANCHISES. Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises, rights or privi- leges owned by the grantee, or by any successor of the grantee to any rights under such.franchise, for the rendering of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California as said section existed prior to the amendment thereof adopted October 10, 1911. The acceptances of any franchise hereunder shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City as such limits shall.at any time exist, in lieu of which such franchise shall be granted. Any franchise granted.hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such ac- ceptance shall be,filed within ten (10) days after the'adoption of the ordinance granting the franchise and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, additional territory, any and.all franchises, rights and privileges owned by the grantee therein, except a franchise de- rived under said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. SECTION 130+. MUNENT DOMAIN. No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the grantee thereof either'by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. Every franchise grant shall reserve to -the City the right to purchase the property of such utility either at an agreed price or a price to be deter- mined in a manner to be prescribed in the grant, or in the proced- ural ordinance hereinabove mentioned. In fixing the price to be paid by the City for any utility, no allowance shall be made for franchise value (other than the actual amount paid to the City at the time of the franchise acquisition), good will, going concern, earning power, increased cost of reproduction, severance damage, 45 or increased value of right of way. SECTION 1305. DUTIES OF GRANTEE. By its acceptance of any fran- chise hereunder, the grantee shall commiant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural ordinance, and shall further agree to: (a) .Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in theexer case of its police power, governing the construction, maintenance and operation of its plants,works or equipment; (b) Pay to the City on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under such franchise; (c) Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under such franchise; (d) Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any ]awful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or viaduct; and (e) Pay to the City during the life of the franchise, a percentage, to be specified in the grant, of the gross annual receipts of the grantee within -the limits of the City, or.sueh other compensation.as the City Council may prescribe in the grant. SECTION 1306., EXERCISING RIGHTS WITHOUT FRANCHISE. The exercise by any person, firm or corporation of any privilege for which a franchise is required, without procuring such franchise, shall be a misdemeanor and each day that such condition continues to exist shall constitute a separate violation. ARTICLE XIV MISCELLANEOUS PROVISIONS SECTION 1400. GENERAL LAW APPLICABLE. All general laws of the State applicable to municipal corporations, now or hereafter enacted, and which are not in conflict with the provisions .of this Charter or with ordinances or resolutions adopted in pursuance of this Charter, .shall be applicable to the City. SECTION 1401. OFFICERS TO CONTINUE. All officers, assistants and employees in office when this Charter takes effect shall.continue to hold.and exercise their respective offices or employment, under the terms of this Charter, until the election or appointment and qualification of their successors. SECTION 1402. FULL TIME OF OFFICERS AND EMPLOYEES. All officers and employees of the City, except members of the Council, Boards and Commissions, the City Attorney, and Police Judge, shall devote their entire time to the discharge of their official duties and shall do no private work which will incur any expense on the part of the City, unless otherwise provided by resolution of the Council. SECTION 1403. CONTINUITY OF RIGHTS, CONTRACTS, AND OBLIGATIONS. All vested rights of the City shall continue and shall not in manner be affected by its adopti&n of this Charter, nor shall any right, liability, pending suit or prosecution, either in behalf of a or against the City, be affected by the adoption of this Charter, unless otherwise herein expressly provided. All contracts entered into by the City for its benefit prior to the taking effect of this Charter shall be continued and perfected hereunder. Public improvements for which legislative steps shall have been taken .under laws in force At the time this Charter takes effect may be carried to completion in accordance with the provisions of such laws. TP. 7 'r7 ell: if 0 fit; 0 C PC -Z '�'rrfD ta jY r cro -� *?f ,k -n 1-.: .' . . 4L 1A. %frA. fd !3e.l "rmt-L'!ujo PaIA31- ';C o fm. '15, . � . jL"4,T -, �'( .-. >.; -� ( ss T -F "n7T-;7T-' 7f)t) 7 '.,'r,•.'^f, - !".!�t 'i C. W. --a 31L 1%. Ef n _7 -�Ci L �rn!- 7 'zinc b Z z) qvAri ep-, 43 jsysl -an J be* 'c -3no te-trn..,qr c*'izbIfjo:),s -LL f., o 1 7 r 4! ELL �X— riol a 8 bi-m-, o fm. '15, . � . jL"4,T -, �'( .-. >.; -� ( ss T -F "n7T-;7T-' 7f)t) 7 '.,'r,•.'^f, - !".!�t 'i C. W. --a 31L 1%. Ef n _7 -�Ci L �rn!- 7 'zinc b Z z) qvAri ep-, 43 jsysl -an J be* 'c -3no te-trn..,qr c*'izbIfjo:),s -LL f., o 1 7 r 4! Resolution No. 91.4 (New Series) A RESOLUTION OF THE • CITY - COUNCIL OF THE CITY OF - SAN LUIS OBISPO, CALIF- ORNIA, APPROVING AND ACCEPTING PROPOSED CITY: CHARTER.; ORDERING ITS` PUBLICATION ON THE 6TH DAY OF OCTOBER, 1949, AND . FIXING ELECTION DATE FOR ITS SUBMISSION TO THE ELECTORS ATA SPE- CIAL ELECTION. WHEREAS, the City; Council of the City of San Luis Obispo, being the legislative body thereof, by action duly and regularly taken caused to be framed a proposed charter in accordance with the provisions of Article XI. Section 8, Subsection (f) .of the Constitu- tion of the State of. California; and WHEREAS, the said proposed charter has been submitted to the:.. said City Council; and WHEREAS, the said City Coun- cil desires, to approve and to a.c- 'cept the proposed charter and - submit it to the qualified electors of said city at a. special election to be held in said city; and WHEREAS, -said City Council desires said proposed charter to. be advertised in the manner pro- vided for in Article XI, Section S of the Constitution of the State of California: and WHEREAS, the. City of San I:uis Obispo was a municipality of more than 3,500 inhabitants and of. less than 50,000 inhabitants as ascertained by thYe last preceding census taken under the authority of the Congress of the United States; NOW THEREFORE, BE IT RE-. SOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBIS - PO AS FOLLOWS: SECTION 1. That the proposed charter submitted to the Council of the City of San Luis Obispo, the legislative body thereof, •a COPY Of which charter is attached hereto, is hereby approved and accepted as the proposed charter caused to be framed by this body. SECTION 2. That the said proposed charter shall be publish- ed within fifteen days from its acceptance, and it is hereby ord- ered and directed that said pro- posed charter be published once in the Telegram -Tribune: a daily newspaper printed, published and circulated in said city; said pub- lication to appear on the 6th day of October, 1949; that said publica- tion shall be in the manner and in the form as prescribed by Sec- tion 8 of Article XI of the Consti- tution of the State of California. SECTION 3. That this propos- ed charter as submitted and ac- cepted by this legislative body shall be submitted to the electors of this city at a special election to be held on the 21st day of November, 1949, for, adoption or rejection; said date being not less than forty days -nor more than sixty days after the completion of the advertising in the official paper. :PASSED ,AND ADOPTED this 26th day of September, 1949, by the following vote: AYES. D. M. Carpenter, Wm. O. Hall, Kline Williams, Timothy I. O'Reilly, Frank V. Woods. NOES: None. ABSENT: None. City C' rter Committee and Citg C( oil Joint Meeting City Recreation Building, San Luis Obispo, California Wednesday, August 24, 1949, 7:30 P. m. / I M I N U T$ S j The City Charter Committee and the City Council met in joint session to discuss the Third Revision of the proposed Charter for the City of San I Luis Obispo, particularly with reference to those sections in which changes had been effected in the preceding conferences between the City Council and the various subcommittees of the City Charter Committee. i Sections 6y00, 603, 611, 614, 618, 703, 800, 802, 805, 809, 9o8, 915, J 1003, loo6, 1007, 1008, 1011, 10190 1102, 1202s 1205, 12o6, 1207, 1210, 1214, 1216, 1217, 12213, 1302, 1303, as they appear in the Third Revisiol of the proposed Charter were discussed and Approved. A letter from the City Attonney anent certain specific sections in the Third Revision was presented to the meeting. The original of this lettq is attached to these Minutes and incorporated herein by reference. ART V: �. Article V of the Third Revision was discussed in the light of the City \l Attorney's recommendations, together with a new proposed Article V as submitted by him. After consideration, it was concluded that the Article as proposed by the City Attorney should be adopted, with the addition of_._.J Section 502 from the Third Revision:. No objection was voiced to this 1 procedure. 1 Section 601: The suggestion of the City Attorney anent this Section was discussed at., - considerable length, but was not adopted. The power of the City Manager to convoke a meeting of the City Council under this Section was questioned, and this clause conferring such power was ordered stricken out. Section 602: After discussion of this Section, it was ordered that the language of the Second Revision be reinstated in lieu of that appearing in the Third Revision. Section 6o5l In connection w$th this Section, the reinstatement of the language of the former provision 4 was discussed; by agreement the determination of this point was left to the discretion of the City Council. Section 6�: After reading, it was ordered that the phrase "and taxing ordinances" should be moved to appear after the words "special assessments" in this section. Section 612: It was ordered that the words "or resolution: be added after the word "ordinance" in paragraph 2 of this Section, and the City Attorney's sug- gestion that paragraph 3 should read in part "when the expenditure re- quired for the same exceeds the sum of five hundred dollars but does not exceed two thousand dollars" was approved. The opinion was expressed that state law duplicates the provisions of paragraph 4 of this Section, but no change was ordered. 1!� Section The suggestion of the G..,�y Attorney that the concluding sentence of this Section should read "Said person appointed shall serve for the remainder of the unexpired term of the vacating councilman and until his successor is elected and qualified" was approved. Section 616: The City Attorney's suggestion that the word "such" be inserted in the last sentence of this Section was not approved. Sem:. Considerable discussion was had anent the inclusion of a disavowal of membership in subversive organizations in the oath of office, and it was duly moved and seconded that this clause be stricken. The motion was unanimously adopted. Sec §_1J: It was duly moved and seconded that the phrase "certified public account- ant be stricken from this Section,.and that the words "public accountant competent in municipal accounting"be substituted therefor. The motion was adopted without objection. Sec_ 702: The authority to the employing authority to fine an employee of the City was questioned, and this authority was ordered stricken from the Section. Sec._.. �: The words and motions" were ordered stricken from this Section. There was some discussion as.to whether two or three books should be kept by the Clerk, but it was concluded that this was an administrative detail, and no change was ordered. Section 13M: Certain changes were ordered in this Section, but dissatisfaction with the whole of Article XIII being still expressed by some of those present, it was concluded that the entire matter of Franchises should be left to the discretion of the City Council, as to the language to be used. Section 1406: The recommendation of the City Attorney that the first and third sentences of this Section be stricken was approved., and it was ordered that the City Clerk incumbent be made secure in his office until the expiration of the term to which he was elected. There being no further business,the meeting then adjourned. Respectfully submitted, Wm T Smith, Secretary i City Charter Committee and Cita COvneil Joint Meetina =rz City Recreation Building, San Luis Obispo, California Monday, July 11, 1949, 7s30 P. m. MINUTES The City Charter Committee, through two of its subcommittees, and the City Council met in joint session to continue discussion of the provisions of the prosed City Charter. The members of the Charter Committee present were: ref. roster) The discussion indicated that Sections 1301, 14000 14010 14020 1403, 14040 1405, 1407, 1000, and 1004 should stand as proposed by the Committee. In connection with the discussion of Article XIII, Mr J S Gooding, San Luis Obispo manager for the Pacific Telephone and Telegraph Company, appeared to present his company's views on the matter of franchises. SECTION 1 00: It was suggested that, in line 6 of this section, the word "adequate" be stricken, and that the clause "at the rate provided for in the general laws of the State of California for.the particular type of public service provide by the grantee" be added after the word "compensation". After discussion it was concluded that the word "adequate" should be allowed to stand, and that the clause proposed be inserted after the word "conferred" prefaced by the word "or". In line 9 of the section, it was proposed that, after the word "time" the clause "in the manner provided for in the general lave of the State" be added. Discussion indicated that the same purpose was achieved by the wording of the last sentence in the section. At line 12 it was suggested that, since there is no basis for valuation provided in the section, the balance of the sentence after the word "grant should be stricken. The suggestion was not approved. Grammatical corrections noted. were the substitution of "concern" for "certain" in line 13, and "of" for "or" in line 27. SECTION 1302: It It was suggested that in paragraph 2 of this section, after the word require the clause with respect to any public utility solejty under the jurisdiction of the city" should be inserted. The suggestion was approved. In paragraph 3, the suggestion that the word "sole" be inserted before the word "jurisdiction", was approved. In paragraph 4, it was proposed that the same clause proposed for paragraph 2 -be inserted at the conclusion of the Paragraph. The suggestion was approved. SECS 130a: It was agreed that the voting majority provided for in this section be' changed to three instead of four. SECTION 1„ 406: A roposel for changing this section to permit incumbent members of the City Council and holders of elective office to serve out the terms to which they were elected was discussed and met with no objection on the Part ofthe Charter Committee members present. SEC- loot: It vas a oged tha,the School Board s ested th4t the requirement that a can rsb1p on that body an elector for three years be eliminated, vhile maintaining the residence requirement. The suggestion was not favorably received. 1 SECTION 100: The suggestion that incumbent members of the School Hoard be allowed to complete -the terms to which they were elelited, despite any change in the city's charter; was approved. SECTION 1002: The recommendation that this Section be deleted entirely as surplusage was favorably received. SECTION 50:. . In connection with a discussion on this Section, the Minutes of the meet- ing of February 14, 1949, were read. There being no further business, the meeting then adjourned, after the Secretary Was.instructed to proceed with.the preparation of a revised draft of the proposed charter for further-donsideration by the City Council and the Charter Committee. Respectfully submitted, Wm T Smith, Secretary R'Ibit Q= Chester Committee and City, C( oil Joint NeetIMA Recreation Building, San Luis Obispo, California Monday, dune 26, 1949: 7:30 P. m. M I N II T E.s The City Charter Committee, through one Council not in joint session to continue the pro sed City Charter. The members were: (of. roster) of its subcommittees, and the City discussion of the provisions of of the Charter Committee present The discussion indicated that Sections 1200, 1203, 120, 1208, 12110 12120 1213, 1215, 1218, 1219, 12202 1222, 1223, 1224, should stand as proposed by the Committee. SECS U.0,1: This Section was discussed in connection with Section 612, and it was de- termined that the first clause of the second sentence in Section 1201, providing for referral of demands against the Library Fund to the Board of Library Trustees, should be stricken from the Section. SECTION 2gO.: In reviewing this Section, it was felt that "Municipal Public Utilities De- partment" was a more accurate descriptive term than "Public Service Depart- ment", and it was ordered that the change in tit&e made. SECTION 1...2©6: The change ordered for Section 1205 was also ordered for Section 1206, and the voting fraction in the latter section was ordered changed from four- fifths to three-fifths. SBC_, TION lam: As a correction<to conform with the proposed five -man council, the number of members stated in this section was ordered changed from "five" to "three". SECTION 12-02t There was considerable discussion in connection with this Section of raising the tax limit for the General Fund to $1.00 per each $100.00 assessed valua- tion, but no change was ordered. SECTION 20: After analysis of Section 1210, it was ordered that the authorization of a special tax levy for music be deleted, and that in its place be substituted an authorization for a sinking eking fluid .for municipal buildings. SECTIO'Cl U] 4 t It was directed that the phrase "of the State of California"be added to the end of the second paragraph of this Section, for the purpose of clarification, SECT ON ,9,16: tt was directed that the percentage rate in this Section be increased from Of 1% to j of 1%2 and that the word "equal" be inserted after the word tmount in the Section. CTII 2m: iler discussion, it was direpted that t#e 1. at sentence of this Section be ,e permissive, by changing shall to may ION 21: the purpose of intelligibility, it was directed that the words "or may be" 1 be inserted in the last'-entence after the words "n ,. be declared forfei in whole or in part". SECTION 122J: The provisions of this Section Were discussed at some length, and consider ation was given to the desirability of making it permissive rather than n1 an It was finally concluded that the entire Section should be deleted There being no further business, the meeting then adjourned. Respectfully submitted, Wm T smith, Secretary J C1ts G7 J -ter Committee and City, C m e jout jib Citi itecreatioaui, San a Obispo, California Mom', May 23, 1949, MO P. m• /The City Charter Com®i.ttee, through one of its subcondttees, and the City Council met in joint session to continue discussion of the pro- visions of the proposed City Charter. The members of the Charter Com- mittee present were: (of. roster). The Chairman of the-City`10harter,Comm1ttee presented a letter from ,Alfred $ Lentz, Admisistrative Adviser of the California Department -of Education, a copy of which letter,is,attached to the original of these Minutes and incorporated herein by reference. It was concluded that the sub -committee of the',City Charter Committee.would consult the San bnis Obispo Bechool Board anent the contents of this letter and its of-- feet-on f•feet-on the proposed charter, and report at the neat meeting of the group• The discussion indicitei3"that Sections 1006, 3.010 10118 10158 1014, 1015, 1016, 1017, 1oi8; 1019, 1021, 1100, 1101, 1.0�, 1144, 1105, 1106, 1107, 1108 should'itand as -proposed by the Committee. s�OJIM =_ It was.afreed that ig'a section should be enlarged by adding thereto a clausse and*tiy ordinance of the City of Baa Luis Obispo,° thereby giving -the City.Council power to fix the.duties of the Library Board, dieeussionoa th1e Sections it was eonoluded�hat the -clause therein concerning compensation and tenure of the librarian should be stricken, S : it..was_agreed that this Section should be rewritten to conform to the ter®taology used in Stetion 3.0060 e Opt !M: It was the vies oft, ie -_'City Council that the word "solicit should be stricken from. this Bec.tloa. 3 212E AAs agreed that the appointive language of thiesSection should re re- written to cimform to_#ictione 1006 aid 1009, retaining the membership of 6 mremberes but confining them to four year terms. 11=003 li2g: ,.tL was agreed that thin Section should be enUrged by the addition of the 1,9ords or the Mayor, ` tf he It tamable to act" to permtit another official 'o tali upon a Justice of the Peace to act in the stead of the Police fudge. , : ere being no further business, the meeting then adjourned. Respectfully subMItted, Wx T Smiths Secretary City C' Iter Committee and City Cc cil Joint Meeting City Recreation Building, San Luis Obispo, California Monday, April 25, 1049, 7:30 P. m. M I N U T E S The City Charter Committee, through one of its subcommittees, and the City Council met in joint session to continue discussion of the pro- yisions of the proposed City Charter. The members of the Charter Com- mittee present were: (cf. roster) The discussion indicated that Sections 801, 803, 8o4, 806 810, 900, 9022 903s 904, 905, 906s 907, 9092 910, 9110 9122 913, 914, 916, and- 917 nd917 should stand as proposed by the Committee; and that Section 805 and all its subsections, save subsections 7 and 19, as hereinafter indicated, should stand as proposed by the Committee. SECTION 800: In the course of the discussion of this section questions were raised as to the meaning of the terms "chief executive" and "responsible executive position". It was agreed that, for the sake of clarity, the Section should be rewritten as follows: "The City Manager shall be the chief executive and admin- istrative head of the city government. He shall be chosen by the City Council without regard to political considera- tion and solely with reference to his executive and adminis- t: �'..� tratiY6cgtdlificalftonae _No16nbesh&1-Jlbb.-eligible for ap- pointment thereto who has not: a) served as City Manager, or b) as an assistant or deputy thereof for at least one year, or c) had at least three years' experience in a responsible executive position. He need not be a resident of the State of California or the City of San Luis Obispo at the time of his appointment, but promptly thereafter he shall become and thereafter remain, during his incumbency, an actual resident of the city." SECTION 805, SUBSECTION 7: It was agreed, after discussion, that this Section should be amended by striking therefrom the clause "except the Public Library, except when requested to do so by the Library Board". SECTION 8o5, SUBSECTION 11: It was agreed that this section should be corrected by substituting the word "offices" for "officers" therein. SECT ION 807: A motion to change the voting majority required by this section fro4 four-fifths to three-fifths was adopted by the City Council. A vig% ous discussion ensued, after which reconsideration of the matter wa moved, seconded, and adopted, and it was agreed to permit the four= fifths requirement to stand. SECT IOR 808: There was considerable discussion of the necessity for having thei IF. pointment of an ass; ant city manager approved the Council. No ac tion was taken. SECTION 80-,: It was agreed that this Section should be amended by striking therefro: the words "influence or" , SECTION 22.1:. It was agreed that -this Section should be amended to read, in the thir, sentence thereof "the correct transcription of all ordinances, resolu- tions, and motions", and by striking out, in the sixth sentence'thereo the words "and shall make.no charge therefor." SECTION 2Q8s It Wast agreed that this Section should be amended by striking out the words and he shall make no charge therefor". SECTION 91: It was agreed that this Section should be amended by adding thereto, ij the qualifications for the office of City Engineer, the words "and re- gistered by the State of California"; and in the sixth sentence thereo: that the wording should be "taking from him duplicate receipts therefo: There being no further business, the meeting then adjourned. 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Oe ulc� A�mmaslp mtrl to -provid's thrit t1w., mr amth for .1 .0 at. �:a�-. a sleeze.-Ae disacustion xkw_jn tba, rabject ol" nw the qxormeil vns .hem Jairle 14W -Airtwt, bm2lamsir uW metllu3. t2berz, F4,?"toum. at). ."W:11 "Ift" *13OXIVAftry :t '+i r4apsted. tUnt zhu varde 'Oor City Ola xk� LV ir-&c.-twe, Irwr ,.be voce, ..rt4tj-, Im-11'r$. W44 ML40 as to VW, pmVISMA ftr the r)OP14e.. *I- ,crtjm Whoul(i ,X,- 441, Ij 46. -110 v, orced Vnm Ume of t1sa ciU esl-Ztgbov*,mo=a, -t0.0j0„v1kAA ;ch - h��ma rno *n- -in thdovceror Vwtlea�,raA gtvto WNi"Ioalmdl hO�M,Wa;LtjCaftr.:'iFtVith r Gottuadc t., • It Wqs pro:l. t'?,rat the pzwnfaii'm lfozw vVittep n"ol"Im wt.” ]LIj, A� 06 Z ;ChA A z ,, -aii Aa tts "Wig 46 n SU'IhJO,.t �tfe-e,=Tllj IMMW OCO 1*dZL—.jPtAmV*.*;c ;Wozocim, sruO' tbat, Vh* word. i'l.k. VIA, ;A. .. A 4�4. il 1*4L, ��azl-.,W;, .4 ,, 0c, t I AFM A l9kl& .. %2, ku.14 ry -;#4. ��F ft* Llver Oluc=sion.0 Ow. Oity, 4hmrWr V*N-A-Aeo mm.f.v^.,n. n�;"mcw, to t -ba elylur xjoj,�O&% -ar'lmllm ix two.rw tbaWylor n*.Ai imbox. Oe ulc� A�mmaslp mtrl to -provid's thrit t1w., mr amth for .1 .0 at. �:a�-. a sleeze.-Ae disacustion xkw_jn tba, rabject ol" nw the qxormeil vns .hem Jairle 14W -Airtwt, bm2lamsir uW metllu3. t2berz, F4,?"toum. at). ."W:11 "Ift" *13OXIVAftry San Luis Obispo, California December 29, 1948 To The Mayor and City Council San Luis Obispo, California Gentlemen: The Charter Revision Committee, appointed last year by the Playor, has completed its work and wishes to submit, herewith, the suggested new charter, sub- ject to your approval and a subsequent vote of the people. We fully appreciate that you will wish to consider all phases of this charter carefully, and that some revisions doubtless will be necessary. At the same time, we wish to urge strongly that you complete this task as quickly as you can, so that, if possible, a new charter can be placed on.the ballot at the time of the next city election.- Sentiment for a council-manager type of government has been strong in San Luis Obispo for three years, and you gentlemen are familiar with the Cottrell report which formed the working basis -for our group's studies -and recommendations. The committee as a whole, or sub -committees from our group, will be pleased to meet with you at any time to discuss any questions which arise on the provisions of the suggested new charter, The committee also wishes to make the following specific redommendations:- 1. That the salary of the city manager, to be appointed by the council, shall be commensurate with salaries paid trained managers of other California cities of comparable size. 2. That if and when the change to a council-manager type of city government takes place, all employe person- nel now on the city payroll be retained. It is not the committee's intent to cause a complete upset -of the status quo; rather, it feels that the city government should continue to function substantially as it does now, but that many of the,administrative duties now -necessarily handled by the members of the council be delegated to the city manager. 3. That in view vital necessities to the city of San Luis permanent city water to be included in the of the fact that water is one of the continued growth and prosperity of Obispo, we suggest creation of a commission of some kind,.perhaps charter itself.- Yours tself. Yours very truly, CHARTER REVISION CO1111ITTEE C' ��f a2"Ugl = JLAnt Bu4k.ldirW,,,, S-rk Lula x1oril 111 194 11 Yhe City Chaarter Com.1 t t4a I Gaunell, aet In jj� zw- uaiwi in the c"Ounal's discussioyyn step) 0 2 through asses of of -siebebmttteei, nnd the City of ld the Proposec-, City Charter as su1xvitted by LijuJez,a -:).-1 Lao Zo 1z"'Leau _preseut warm iii M", � ,.' he Council presen't.,adl saio�al proposed, qe�vlbn, V. 1,z",3-1, tn by the cc -14,0, so t t ftzwt rt o ections, me -1frale" raid "A-9 follov3e. 4.111he 31hal,Et tlaa 7'.. ac --ftni3bery T -n rn-t In . 17aln r sesvicn r7n Vii:', 2irst" Jay )f Mmy r'ollzwtng tAmir election, ,t rtM r0hll qr7.,nn1-,,e n,,3 aere4r. .0� axvnftor t.he -low-wil �qli moot At tim-es ond rl"es *9 tmve -often )r my oe r)rescribchi i�*, ,,)r-llnnnee or O exeept th.-it It sbAll maet regulpirly at :Least on-ce *j, ~.�+U -Ait 4. 4 11" 1-- *1 RM UVWXY ' W,:m Owx L oY.ons to the vu jlic. elc. not leas ttift'a three B'Dec In Ix -et trig, wt was tao view tUle v,!7%La;01lt:1vit rais xuxa ce --atared tq e 4 rv"Pira 2v 1, av] 4 tbe,4eor., nwi kwi' Inating, pR mt!ltutlng therefor. *The Coun,,--il ah;411 Jw-'re }111 whia Powors of a C�an--.LJL gid" �A,he lAws of the 5vt�e of r%-A*j,jjL,1orUjq,, extiept -is -,jth0jv-1So by strikiM tet, in ,,-Arngraptu the eaauae "ano vas h ouier ornaers, b and ca"llualow !-,s It dvaav an-, bq rlelatlra�,,- parvgrapa "f -art Pfter dieftsvion, t1w Cbarter Comittee webers meceded to the propowl iy Was P,-jn*Sv1 t; the vords 'ardinanoes relating to I C iavrovummts' Ln this Section• obJectianl trra The queJti'3 Of' vhY the ReCtims1houle- mko particulmr allusion to fi3, da !I- newspnyer viz rnjae�1 d-le-ziin,4er-1 �n c I #,? t i t. I �,z 'I' -ted oA— pugg"r w1opta.-:1. C4 t vasPrfxnnw- thpt th&l eentmwe in t bei to Vi , vards 'The mximum iud' and c0mludingav w-1th 7or 11"th iine end imprison" be deleted, since PTD%4*.S140r1S thue ostablishwl rt, of Q&TIOU ft. it Was I)ointe4l. out tha & stitutewl. for the word "A.Wit-or" in. - is 900t1w th . Thw2v ups some disculass of the propriety of greutin..,, ails uti-jority to the rjU -10,x4c 'Cut no fl -et