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ORDINANcE NO ~ffE.
AN ORDINANCE PROPOSING CERTAIN AMENJDlEN'l'S '1'0 THE CHARTER OF
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THE CITY OF SAN BERNARDINO, PROVIDING FOR THE PUBLICATION
THEREOF AND DESCRIBING AND SETTING FORTH SUCH AMENDMENTS .
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Whereas. in accordance with the provisions of Seotion
8 and at of Article XI 01' the Constitution of the state of
California, the City of SanABernardino, a municipal corpora-
tion in the County of SlonBernardino, State of Ca1iforni~,
heretofore framed and' adopted a Charter fo~ said City, which
said Charter. was duly and regu1arJy approved by the Legisla-
ture of the State of California" to wit: by an Act of said
Legislature, adopted February 8th, 1905, entitled · Assembly
Con:'Current Resolution No. 12, approving the Charter of the
City of San Bernardino, State of California, voted for and
ratified by the qualified ..caters of sai d City at a special
election held therein for that purpose on the 8th day of
January, 1905."
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Now therefore, the Mayor and Common Council of the
City of ~an Bernardino do ordain as follows, to wit:
SECTION 1. The legislative authority of the City of San
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Bernardino hereby submits to the qualified electors of said
City, the here-inafter' named proposals to amend the Charter of
said City, in aC9~rdance with the provisions of Sectiau 8
and a., of Article XI., of the Constitution of the State of
California; saidpr6posals will be submitted to the qua+ified
electors of said City for their ratification or rejection at
a special elec.tion to be called, had and held after the
publication of said proposals in the manner required by law.
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SECTION 2.
PROPOSED CHARTER AMENDMENT NUMBER ONE.
It is hereby proposed that Section 133 of the Charter
of said City be amended so a~o read as follows:
Section 133. Whenever the Mayor and Common Council, shall, by
ordinance or resolution, determine that the public intereat
or necessity demands the acquisition, construotion or comple-.
tion of any munioipal improvement, the cost of which will b~
too great to be paid out of the ordinary annual income and
revenue of the City, they are hereby given the power and
authority to call a speoial election and submit to the quali-
fied woters of theCity the proposition of incurring indebted-
ness to pay the cost of suoh ~ improvement set forth in
said ordinance or resolution. If said proposition be accepted
by a two-thirds vote of the qualified electors voting at such
election, the Mayor and Common Council may issue and dispose
of bonds of said City in evidence of said indebtedness.
The amendment herein proposed shall be known and des-
ignated as << Proposed Charter Amendment ...beneOne" and if
ratified by the electors voting at said special eleotion,
shall be in forfe and take effect immediately after its ap-
proval by the Legislature of the State of California.
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PROPOSED CHARTER M{ENru~NT NUMBER TWO.
It is hereby proposed that seotion :5 of said Charter
of said City be amended so as to read as :follow~_
Seotion 3. The City of San Bernardino shall be divided into
seven wards, and the exterior boundaries of each of said
wards ~hall be and are hereby established, created and des-
ignated as follows:
WARD NUMBER ONE
Ward Number One shall consist of all that portion of
said City, bounded and desoribed as foll.ows:
Commencing at the southeast corner of the City of San
Bernardino, and running thence westerly along the southern-
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boundary line of said City to the center line of "E- stre~t;
thence north along the oenter line of "E" street to the in-
tersection of said line wi th the .center line of Fourth stl;'eet;
thence east along the c~nter line of Fourth street to the
eastern boundary line of said City; thence south along the
eastern boundary line of said City to the place of beginnin~~
WARD NUMBER TWO
"E" street; thence north along the center li?e of "E" street
to its intersection with the center line of Fifth str~et;
thence east along the center line or-Fifth street to its inter-
seotion with the oenterline of "D" street; thence north along
the center line of "D" street to its intersection with the
center line of Ninth street; thence east along the oenter line
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of IHnth street."to the e~8terly boundary line of the City;
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thenoe south to plaoe of beginning.
W~Dr NUMBER J lW,":
Ward Number 'Lvee shall oonsist of all that portion of
said City bounded and desoribe~'as follows:
Commenoing at the interseotion of the oenter line of
Mill street with the oenter line of "E" street, and running
thenoe north along the oenter line of oEM street to its inter-
seotion with the oenter line of Fifth street; thenoe west
along the oenter line of Fifth street to its interseotion
with the oenter line of "H" street; thence south along the
oenter line of "H" street and the prolongation thereof to
its interseotion with the oenterline of Mill street; thenoe
east along the oenter line of Mill street to the place of
beginning.
WARD :NUllBER 'Imum
Ward NumberT~.' shall oonsist of all that portion of
said City bounded and desoribed as fo11ow~ :
Commenoing at the interseotion of the center line of
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Fifth street with the oenter line of MD" street in said City.
and running thenoe north along thevoenter line of "D" street
to its interseotion with the oenter line of Ninth street;
thenoe west along the oenter line of'Ninth street to its in-
terseotion 1tith the oenter line of "lI" street; thenoe south
along the oenter line of "H" st~eat to its interseotion with
the oenter line of Fifth street; thenoe east along the oenter
line of Fifth street to the point of beginning~
WARD NUlffiER FQUR
Ward Number FDur shall oonsist of all that portion
of said City bounded and described as follows:,
Commencing at the inters.ection of the center line of
Waterman Avenue with the pro1ongattcn of the oenter line of
Ninth street, and running thenoe west along the prolongation
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of said center line of Ninth street and along the center line
of Ninth street to its intersection with the center line of
"H" street; thence north along the oenter line of "H" street
to its intersection with the center line of Tenth street;
then.e west along the center line of Tenth street to its inter-
section with the center line of "I" street; thence north
along the oenter line of Ifl" street to the northern boundary
line of the City; thence east along the northern boundary
line of theCity to the oenter line of "G" street; thence
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north along the center-line of "G" street to the northern
boundary line of the City; thence easterly along the northern
boundary line of the City to the center line of "A" street;
thence south along the center l.ine of "Aft street to :i:~:az-
maa%XUlXu:tmc:tuxaJDll to the northern boundary line of the City;
"thence east along the northern boundary line of the City to
the cent.r line of Waterman Avenue; thence south along the
center line of Waterman Avenue to the place of beginning(
WARD NUUBER SIX /
Ward Number Six shall consist of all that portion of
said ~ity bounded and described as follows:
Commencing at the intersection of the center line of
Kingman street ~nd "R" street, and running thence west along
the center line of Kingman street to its intersection with
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the center line of Mt. Vernon Avenue;. thence south along the
center line of Mt. Vernon Avenue to its intersection with
the center line of Fourth street; thence w~st along the center
line of Fourth street to the westerly boundary line of the
City; thence meandering along said westerly boundary line
to the northwestern corner of said City; thence east along the
northern boundary line of said City to a point where said
boundary line intersects the center line of "I" street; thence
south along the prolongation of the center line of "I" street
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to its intersection with the center line of Tenth street;
thence east along the center 1 ine of Tenth street to. its
intersection with the center line of "H" street; thence south
along the center line of "H" street to its intersection with
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the center line of Kingman street, the place of beginning.
WARD NUMBER SEVEN
Ward Number Seven shall consist of all that portion of
said City bounded and described as follows:
Commencing at the intersection of the center line of
Kingman street with the center line of "R" street, and running
thence west along the center line of Kingman street to its
intersection with the center line of Mt. Vernon Avenue; ..
thence south along the center line of Mt. Ve~non Aven~ to
its intersection with the center line of Fourth street; then'e
west along the center line of Fourth street to the western
boundary line of the City; thence south and meandering along
the western boundary line of the City to a point where said
line, or prolongation thereof, strikes the center line of
Mill street; thence east along the center line of Mill street
to a point where the center line of Mill stre~ intersects the
prolongation ot' the center line of "Hit street; the,nce north
along the .prolongation of the center line of "H" street and
along the center line of "H" .treet to the point of beginning.
Provided that the boundaries of said wards may at any
time hereafter be changed by ordinance passed and enacted by
the MaYDr and Common CounCil, but no such cllange, or changes
shall be made oftener than once in two years nor within less
than ninety days prior to any general municipal election; and
provided furbher that the boundaries shall always be made so
that each ward shall be compact in form and all wards as nearly
equal in population as praaticable.
Under said proposed Charter Amendment Number Two,it is
hereby proposed that Section 30 0:::' said Charter be amended
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so as to read as follows:
Section 30. Tha legislative power of the City is hereby vest-
ed in the Common Council, consisting of seven members, four
of whom shall constitute a quorum, but a less number may
adjourn from time to time, or compel the attendance of other
members. No order, or resolution,or ordinano.f "xcept an:.:order
to adjourn for lack 'of a quorum, or to compel the attendance
ot' a quorum, shall b~ valid unless it receives the affirmative
vote of at least four of the councilmen.
Under said propoaed Charter Amendment Number Two it is
hereby proposed that Section 13 of the Charter of said City
be ~ended so as to read as 'forlows:
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Section 13. On the second Monday in April, 1911, and bien-
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nally thereafter, a general municipal election shall be held,
at which there shall be elected a Mayor, whose term of office
shall be two years from and after 12 o'clock noon. on the
Second Monday in May next succeeding his election; and there
shall be elected at said election and every fourth year there-
after a City Clerk, a City Attorney and a Treasurer, who shall
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be ex-6fficio Police Judge, all of whom shall be elected by
the qualified voters of said City.
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Under said proposed Charter Amendment Number Two it is
hereby proposed that Section 14 of the Charter of said City be
amended so as to read as follows:
Section 14. There shall be elected at a general municipal
election to be held on the second Monday in April; 1911, and
every fourth year therearter, four members of the common
council, one from each of the following wards, to wit: Third,
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Fifth, Sixth and Seventh wards; candidates for the same to-'.
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be nominated and elected by the qualified voters of the whole
City.
At a general municipal election to be held on the second
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Monday in April, 1913, and every fourth year thereafter, there
shall be elected three members of the common council, one
from each of the following wards, to wit: First, Second, and
Fourth wards; candidates for the same to be nominated and
elected by the qualified voters of the whole City.
No Councilman shall be nominated or elected from a~
ward of which he is not a resident, and there shall be one
Councilman chosen and elected from each ward by the qualified
voters of the whole City..
The amendment herein proposed shall be known and desig-
nated as >> Proposed Charter Amendment Number Two" and if rati-
fied by the electors voting at said special election, shall
be in force and take effect immediately after its approval by
the Legislature of the State of California.
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PROPO SED CHARTER AMENDMENT NUMBER THREE
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It is hereby proposed that Section 31 of the Charter
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of said City be amended so as to read as follows:
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Section 31. ordinances and resolutions are the formal acts of
the Gommon .ounci1 reduced to writing and p.ssed under legal
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restrictions governing action thereon; orders embrace all
other acts which being less formal in character require only
to be duly passed by the 6ornmoneouncil,and be spread upon
the minutes. Noraordinance, resolution or order, shall have
effect wi thout the approval of the Mayor, except when two-
thirds of all the members of the 'ommon Gouncil concur in
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its adoption. In case of orders the approval of the Mayor
snaIl be presumed, unless, at the same meeting at which the
order is passed, the Mayor caU8es his disapproval, with the
reasons therefor, to be spread upon the minutes. All resolu-
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tions and ordinaces, after passage', must be submitted to
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the Mayor, who shall, within five days thereafter, endorse
his approval or disapproval thereon, giving the reason for
his disapproval. When approved by the Mayor, a resolution shall
go into effeot at once; but no ordinance shall be placed on
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its final passage, in the GOmmonGouncil, upon the same day
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that it has been introduced and read in full for the first
time, nor until five days thereafter; and every ordinance or
resolution, to be valid, must be passed by a vote of n~~ less
than a majority of the ~ommonC;ouncil and approved by the
Mayor; provided, that if the Mayor fails to approve any or-
dinance or resolution, it may be passed by a vote of not less
than two-thirds of all of the members of the 'ommon~ounci~and
take effect as if approved by theMayor.
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The amendment herein proposed shall be known as and
designated as " Proposed Charter amendment Number Three" and
if ratified by the electors voting at said special election,
1 shall be in
2 approval by
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PAGE 110
force and take effect immediately after i*a
the Le8ialatureof the State of California.
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PROPO SED CHARTER AME1IDMENT NUllBER FOUR
1 It is hereby proposed that Seotion 40 of said Charter
2 be amended so as to read as follows:
Seotian40. The Mayor and Gommon Gounoil shall have power:
3 F~rBt: To pass all ordinances not in oonfliot with
4 the constitution of the State of California, the oonstitution
5 of the United States, or wit~. the provisions of this Charter,
6 upon all matters pertaining to munioipal affairs.
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Seoond: To purohase, reoeive and hold real and per-
8 sonal property within, or wit'hout the City limits; to sell
9 or dispose of the same for the oommon benefit of the City or
10 the inhabitants thereof; provided, however, that they shall
11 hot have the power to sell or dispose of real property without
12 submi tting the same to a vote of the people at a general or
13 speoial ...zKt~ eleotion , and the approval thereof be
14 first given by a majority of the electors voting on the pro-
15 position. Nothing in this seotion shall be construed as af-
16 fecting the power of the Mayor and Gommon Gouncil to abandon
17 or olose atreets.
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Third: To make and enforoe all suoh local, police,
19 sanitary and other regulations as pertain to municipal af-
20 fairs, and for this purpose may define misdemeanors committed
21 within the City limits, or on lands under the jurisdiction of
22 the City, and provide penalties and punishment therefor, al-
23 though the offense constituting the misdemeanor ~ be also
24 a violation of the penal laws of the State.
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Fou rth: To define nuisances and provi de for their
26 removal.
27 Fifth: To license for purposes of regulation and
28 revenue all and every kind of business, all shows, exhibi-
29 tions and lawful games carried on in the City, and to fix
30 the rate of license tax thereon.
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Sixth: To levy and oolleot taxes.
Seventh: To establish and maintain a fire~ departmentj
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1 prescribe fire limi ta, and adopt regulations for the protection
2 of the City against fireJ,.:"
3 Eighth: To establish and maintain a police force.
4 Ninth: To protect the City against the overflow of
5 flood waters.
6 Tenth: To prOhibit and suppress lewdness and houses
7 of ill fame and indecent and immoral amusements and exhibitions.
8 Eleventh: To prohibit the starage of gun powder, oils
9 or other combustible substances in quantities.
Twelfth: To layout and maintain parks.
11 Thirteenth: To regulate hospitals, pest houses, and
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12 slaughter houses, and to provide for their DBBoval and dis-
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14 Fourteenth: To provide cemeteries and regulate their
15 manageme~t.
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Fifteenth: To establBsh and regulate a public pound.
17 Sixteenth: To provXB a city prison and require the
18 prisoners undergoing sentence for misdemeanors to perform
19 such labor as may be prescribed.
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21 repair drains and sewers.
Seventeenth: To establish, construct, maintain and
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page /112
Eighteenth: To establish, build and repair bridges;
to est,blish, lay out, alter, keep open, ope., close, im-
prove and repair streets, sidewalks, alleys, sQ.uares and
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.~her public highways and places within the City, and to
drain, sprinkle, 011 and light the Bame; to remove all ob-
structions therefrom; to establish the grade thereof; to
grade, pave, macadamize, gravel and curb the same in whole
or in part. and to .obstruct gutters, culverts, sidewalks
and cross-walks therein, or upon any part thereof; to cause
to be planted, set out and cultivated, shade trees therein;
Bnd generally to manage and control all such highways and
1 places.
2 Nineteenth: to impose fines, penalties and forfeitures
3 for any and all violations of ordinances; and for any breach
4 or violation of ordinances; to fix the penalty by a fine or
5 impri sonment or both, but no such fine shall exceed five
6 hundred dollars, nor the term of such imprisonment exceed
7 six months. The violation of any lawful ordinance made by the
8 Mayor and Common Council shall constitute a misdemeanor and
9 shall be prosecuted in the name of the people of the State of
10 Cal i f.ornia..
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Twentieth: To appoint and remove such policemen and
12 other subordinate officers, ag,ents and assistants, as they
13 may deem necessary or proper and to fix their duties and com-
14 pens ation, except as otherwise provided in this Charter.
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15 Twenty-fir..: To contract for suppl~ing the City with
16 water for municipal purposes, and the inhabitants thereof,
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17 or to acquire, construct, repair, and manage pumps, acqqeducts,
18 reservm1rs, or other works necessary or proper for supplying
19 water for the use of such City or fts inhabitants, or for
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20 irrigatio8 purposes therein, subject to the powers ad super-
21 vision~~,f the board of water commissioners as in this
22 Charter provided.
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Twenty-second: To acquire, own, construct, maintain
and operate street railways, telepBone and telegraph lines,
gas, electrical and other works for light, power and heat,
and to supply suchlight,power and heat to the municipality
and the inhabitants thereof; and to acquire, own and maintain
public libraries, museums, gymnasiums, pa,rks, ba.ths, lava-
tories and urinals.
Twenty-third: To permit, under such restric ti ons as
they deem proper, the laying of railway tracks and the con-
struction and operation of street railways and the running
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of cars drawn by steam, electricity or other power thereon;
and the laying of gas and water pipes in the public streets
and the construction of) and maintenance of, telegraph and
telephone lines therein.
Twenty-fourth: To maintain public schools.
Twenty-fifth:To prescribe the duties of all officers
whose duties are not defined by this charter or otherwise
provided for, and to prescribe for any officer duties not
herein prescr ibed.
Twenty-sixth: To impose and collect an annual license
tax on every dog owned or harbored within the limits of the Cit~
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wenty-seventh: ~ pass all orders, resolutions and
ordinances and to do and perform any and all acts and things
necessary or proper to a complete execution of thepowers
vested by law or by this Charter, or inherent in the munici-
pality, or. that may be necessary or proper for the general
welfare of the City or its inhabitants.
The amendment herein proposed shall be known and
designated as " Proposed Charter Amendment Number Four" and
if ratified by the electors voting at said special election,
shall be in force and take'effect immediately after its
approval by the Legislature of the State of California.
1 PROPOSED CHAR'l'ER AMENDMENT NUJ.mER FIVE
2 It is hereby proposed that Section 24 of the Charter of
3 said City be amended eo as to read as follows:
4 Section 24: The officers hereinafter named shall receive
5 the following s~aries annually: The Mayor, '1200.00;
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6 Councilmen, each .300.00; City Clerk .1200.00; City Attorney,
7 .]200.00; Treasurer and ex-officio Police Judge .1000.00~
8 Salarils of all officers shall be payable in equal monthly
9 installments. ,
The' amen.dment herein proposed shall be submitted to the
Y qualified electors of said City at said special election under
four different propositions in the following manner:
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1$ -Proposed Charter AmeJldment Number 5-A: Shall the M~or'
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receive an annual salary of .1200.00 ~
<P,i'oposed O~arter Ame'ndment Number 5-B:: Shall .aeh..;CoJ,1nc,il-
~,.manreceive a#'annual salary of . 300.00 ?
Proposed "barter Amendme nt Number 5~C: Shall the City .
Clerk receive an annSal salary of .1200.00 ?
Proposed Charter Amendment Number 5~D: Shall the City
Attorney receive an annual salary of .1200.00 ?
of
If any/such/propositions shall be ratified by the electors
22'i"yoting at said special election, the said section 24 shall be
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2:5,;::";:~nded so that the propositi on so ratified shall become a part
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2."il.',;'..t~r~of and said section 24 as amended by such ratified pro-
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position shall be in force and take effect i~ediately after
the approval thereofy,y the Legislature of the State of
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California .
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Baal1 'be h~ foro~ a.nd L4e eff"ct iuufl~diately after it.
~roval bitae 1egislatu.L ~ of the 8 ~a.L" uf Of:l.llfulU.i-er.-
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PROPOSED CHARTER AMENDMENT NUllBER SIX
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It is hereby proposed to amend said Charter of said
.pi ty b, add~-ng thereto a new section to be known as Section
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';~'~02, which shall read as follows:
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Section 202. There is hereby created and established a
",:::,qommission to be known as the" Board of .Park Commissioners"
.€~l"
"consisting of three members to be appointed by the Kayor,
subject to the approval of the Common Council. The members
of the Co~ission first appointed shall take office on the
'fhird Monday in May, 1911, and shall so classifY themselves
by lot that one ot' them shall go out of of,fice at the end of
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two years, and two at the end of four years; thE!" eafter
their successors shall hold office for four years and until
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their successors are appointed and qualified.. They shall elect
a president and also some suitable person as Secretary of the
Board. The position of Park Commissioner shall be one of
honorary trust without salary or compensation, and all ap-
pointments made by theCommission~shall be made without re-
gard to politics or party affiliations. The Board shall meet
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at least once smonth and a majority shall constitute a quorum
for the transaction of business, but a less number may adjourn
from time to time;r~~he Secretary shall keep a full account of
all property coming into the hands of, or under the control
of, the Board,.d of .,all receipts and diSbursements, and a
full account of all proceedings of the Board.
The Board of Park Commissioners shall have control and
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management Qt, all lan~ds, and real and personal property which
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may be acquired, set'apart, or dedicated to park purposes,
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or pleasure grounds, for the use of the City anq the inhabitants
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1 thereot. The Board of Park Commissioners shall have the power
2 to purchase all supplies and materials for, and shall direct
3 and control all work, labor and construction of any kind what-
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4 soever found necessary or convenient in the maintenance or
5 betterment of said parks and pleasure grounds, and may appoint,
employ, remove or suspend superintendents, laborers, and em-
ployees necessary or convenient to care for, construct and
maintain such parks and pl~ grounds.
The Board ot Park Commissioners shall have power to
make such rules and regulations as they deem necessary, govern-
ing the use, management and control of such parks, and play-
grounds; to direct and regulate the planting, trimming and
pruning and care of shade and ornamental trees and shrubbery
in any and all streets, alleys, parks, playgrounds and public
places in the City, subject to such rules~ only, as may be
prescribed by ordinance by th~aYOr and Common Council.
It shall be unlawful for any person to cut down any
tree or shrub, or to prune any tree, or to plant any tree or
shrub in any publiC place in the City, without first having
obtained the consent of the Board of Park Commissioners so to
do.
The Mayor and Common Council shall, from time to time,
pass such ordinanoes as may be necessary to carry the rules
and regulatians of said Board into effect.
Page 117
The Mayor and Common Council shall annually at the time
for fixing the general tax levy as provided in this Charter,
levy a tax of not less than seven cents on the hundred dollars
of assessed valuation for the - Park Improvement Fund- and
the sam~ shall be kept separate and apart from all other
moneys of the City and shall only be drawn from said fund by
warrants authenticated by the signatures of the President and
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Se~retary of the Board of lark eommissioners, or , in the
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Page 118
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absence of the President >> by the signature of two members
of the Board and the Secretary thereof; provided that no
indebtedness shall be incurred by said Board unless at the
time of incurring such indebtedness there are sufficient
moneys in said Park Improvement Fund to meet all out-standing
liabilities incurr~ by said Board and also to pay in full
the contract or obligation p~oposed to be incurred.
All provisions of this Charter in conflict with this
section are hereh) repealed in so far as the same conflict
with this section of the Charter.
Under said Proposed Chartar.ckmendment Number Six it is
hereby proposed to amend Bection 150 of said Charter eo as to
read as follows:
Section 150. Out of the Park Improvement Fund shall be paid
all warrants drawn thereon, duly authorized by the Board of
Park Commissionere'
The amendment herein proposed shall be known and desig-
nated as · Proposed Charter Amendment Number Six. and if
ratified by the electors voting at said special election,
sMall be in force and take effect immediately a{ter its appro-
val by the Legi slature of the State of California.