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 City of/Bakersfield 
 
 State of California 

 
 Charter 
 
 OF THE 
 
 City of Bakersfield 
 
 State of California 
 
 ^JR 
 
 Ratified and Approved January 23, 1915, 
 BY Assembly Concurrent Resolution No. 3
 
 f>oh the press of 
 The Bakedsfield Califordiak
 
 Assembly Concurrent Resolution No. 3, Relative to Ap- 
 proving Charter of the City of Bakersfield, County of 
 Kern, State of California, Voted for and Ratified by the 
 Qualified Voters of Said City at a Special Municipal 
 Election Held Therein for that Purpose on the Seventh 
 Day of November, 1914. 
 
 Whereas, The city of Bakersfleld, a municipal corpora- 
 tion of the county of Kern, State of California, now is, and 
 was at all times herein referred to, a city containing a 
 population of more than three thousand five hundred in- 
 habitants, as ascertained and established by the census of 
 1910 taken under the direction of the congress of the 
 United states; and 
 
 Whereas, At a special election duly held in said city on 
 the fifth day of May, 1914, under and in accordance with 
 the law and the provisions of section 8, article XI, of the 
 Constitution of the State of California, a board of fifteen 
 freeholders, duly qualified, was elected in and by said city 
 by the qualified electors thereof to prepare and propose a 
 charter for the government of said city; and 
 
 Whereas, Said board of freeholders did, within one hun- 
 dred and twenty days after the result of said election was 
 declared, prepare and propose a charter for the govern- 
 ment of the city of Bakerefield; and 
 
 Whereas, Said charter was on the 31 si day of August, 
 1914, signed in duplicate by a majority of said board of 
 freeholders, and was thereupon duly returned and filed 
 one copy with the city clerk of the said city of Bakersfield, 
 and the other copy with the county recorder of the county 
 of Kern; and 
 
 Whereas, Said proposed charter was thereafter published 
 ten times in The Bakersfield Californian, a daily news- 
 paper of general circulation, printed, published and circu- 
 lated in the city of Bakersfield on the following days of 
 publication, to- wit: September 17, 18, 19, 21, 22, 23, 24, 
 25, 26 and 28; the first publication thereof having been 
 made within fifteen days after the filing of the copy there- 
 of on the third day of September, 1914, in the office of 
 the said city clerk; and 
 
 Whereas, Said proposed charter was, not less than 
 twenty days nor more than forty days after the completion 
 of said publication, to- wit: on the seventh day of Novem- 
 ber, 1914, submitted by the board of trustees of the city of
 
 Bakersficld to the qualified electors of said city at a special 
 election duly called and held therein; and 
 
 WTicreas, At said last mentioned special election a ma- 
 jority of the qualified electors of said city, voting at said 
 special election, voted in favor of and duly ratified said 
 charter as proposed as a whole; and 
 
 Whereas, Said board of trustees, after canvassing the 
 return of said last mentioned special election, duly found 
 and declared that a majority of said qualified electors vot- 
 ing at said special election had voted for. and ratified said 
 charter as above specified; and 
 
 Whereas, Said charter was i^tified in the words and 
 figures following, to-wit: 
 
 THE CHARTER OF THE CITY 
 OF BAKERSFIELD 
 
 ARTICLE I. 
 
 NAME AND BOUNDARIES 
 
 Name of City 
 
 Section 1. The inhabitants of the city of Bakersfield, 
 as its limits now are. or may hereafter be established, 
 shall be a body politic and corporate, by name the city of 
 Bakersfield. and as such shall have perpetual succession. 
 
 Boundaries of the City of Bakersfield 
 
 Sec. 2. Commencing at intersection of the cast boun- 
 dary line of Union avenue with the north boundary of 
 Thirty-fourth street, if extended easterly, thence running 
 west along the said north boundary line of Thirty-fourth 
 street and in prolongation thereof, to the left or east bank 
 of Kern river; thence meandering southwesterly along said 
 east bank of Kern river to its intersection with the west boun- 
 dary line of Oak street; thence south along the west 
 boundary line of Oak street to its intersection with the 
 south boundary line of Palm street, if extended westward; 
 thence cast along the south boundary line of said Palm 
 street, if so extended, to the west boundary line of H 
 street; thence south along the west boundary line of H 
 street to the south boundary line of Fourth street; thence 
 east along the south boundary line of Fourth street and 
 the extension of same to the east boundary line of said 
 Union avenue; thence north along the east boundary line 
 of said Union avenue to the intersection thereof with the 
 south boundary line of section twenty-nine (29). township
 
 twenty-nine (29) south, range twenty-eight (28) east, 
 Mount Diablo base and meridian; thence east to the south- 
 east corner of the southwest quarter of section twenty- 
 eight (28), township twenty-nine (29) south, range twen- 
 ty-eight (28) east. Mount Diablo base- and meridian; thence 
 north one mile to the northeast corner of the northwest 
 quarter of said section twentj^-eight; thence west to the 
 northwest corner of the northwest quarter of said section 
 twenty-eight; thence north to the northeast corner of the 
 southeast quarter of section twenty (20), township twenty- 
 nine (29) south, range twenty-eight (28) east. Mount 
 Diablo base and meridian; thence west to the center of 
 said section twenty; thence south on the half-section line 
 of said section twenty to the north boundary line of said 
 section twenty-nine; thence west on said boundary line to 
 the east boundary line of Union avenue; thence north on 
 said east boundary line of Union avenue and Union ave- 
 nue extended, to the place of beginning. 
 
 ARTICLE II. 
 
 POLITICAL SUBDIVISION 
 
 Ward Divisions 
 
 Sec. 3. The city of Bakersfield shall be divided into 
 seven political subdivisions, which shall be known as 
 wards, and shall be described, bounded and numbered as 
 follows : 
 
 First Ward 
 
 Sec. 4. All that portion of the city of Bakersfield lying 
 east of the center line of Baker street. 
 
 Second Ward 
 
 Sec. 5. All that portion of the city of Bakersfield lying 
 west of the center line of Baker street, and otherwise 
 bounded by wards Three, Four and Seven. 
 
 Third Ward 
 
 Sec. 6. Beginning at the intersection of the center line 
 of Twenty-fourth street with the center line of Chester 
 avenue, and running east along the center line of Twenty- 
 fourth street to the intersection thereof with the center 
 line of L street; thence north on the center line of L street 
 to the intersection thereof with the center line of Twenty- 
 fourth street, between L street and M street; thence east 
 on the center line of Twenty-fourth street to the intersec- 
 tion thereof with the center line of M street; thence south
 
 on the center line of M street to the intersection thereof 
 with the center Hne of Twenty-fourth street east thereof, 
 thence east on the center Hne of Twenty-fourth street and 
 the center line of Twenty-fourth street extended to the 
 center hne of the Kern Island canal; thence southwesterly 
 and following the center line of said Kern Island canal to 
 the center line of Nineteenth street; thence west on the 
 center line of Nineteenth street to the intersection thereof 
 with the center line of Q street; thence south on the center 
 line of Q street to the intersection thereof with the center 
 line of Truxtun avenue; thence west on the center line of 
 Truxtun avenue to the intersection thereof with the center 
 line of Chester avenue; thence north on the center line of 
 Chester avenue to the point of beginning. 
 
 Fourth Ward 
 
 Sec. 7. All that portion of the city of Bakersfield lying 
 west of the center lijie of Chester avenue and north of the 
 center line of Eighteenth street and the continuation 
 thereof. 
 
 Fifth Ward 
 
 Sec. 8. Beginning at the intersection of the center line 
 of Chester avenue with the center line of Eighteenth street; 
 thence south on the center line of Chester avenue to the 
 boundary line between sections thirty and thirty-one, town- 
 ship twenty-nine south, range twenty-eight east, M. D. B. 
 and M.; thence west along said boundary line to the west 
 boundary line of the city; thence north on said west boun- 
 dary line to the southwest corner of the Fourth ward; 
 thence east on the south boundary line of said Fourth 
 ward to the place of beginning. 
 
 Sixth Ward 
 
 Sec. 9. All that portion of the city of Bakersfield lying 
 south of the south boundary line of the Fifth ward and 
 west of the center line of Chester avenue, as the same is 
 now, or may hereafter be extended. 
 
 Seventh Ward 
 
 Sec. 10. All that portion of the city of Bakersfield lying 
 south of the center line of Truxtun avenue and between 
 the center line of Union avenue, as the same now is or 
 may hereafter be extended, and the center line of Chester 
 avenue, as the same now is, or may heivafter be extended. 
 
 Voting Precincts 
 
 Sec. 11. The council shall establish voting ])recincts
 
 under the provision of state law, but each shall be wholly 
 in one ward, nor shall the boundaries of a precinct be 
 changed within twenty days before an election. 
 
 ARTICLE III. 
 
 LEGISLATIVE DEPARTMENT 
 
 Rights and Liabilities 
 
 Sec. 12. The city may use a corporate seal; may sue 
 and be sued; may acquire property in fee simple or lessor 
 interest, by estate, purchase, gift, appropriation, devise, 
 lease, lease with privilege to purchase, for any municipal 
 purpose; may sell, lease, hold, manage and control such 
 property; may make any and all rules and regulations, to 
 carry out all covenants or conditions of any conveyance, 
 deed, gift, bequest or lease; may acquire, construct, own, 
 lease, operate and regulate public utilities, may engage in 
 the manufacture, sale or distribution of any commodity 
 generally used by the inhabitants of the city of Bakers- 
 fleld; may assess, levy and collect taxes and provide penal- 
 ties for non-payment thereof, for general and special pui> 
 poses, on all subjects or objects which the city may law- 
 fully tax; may enforce the lien of taxes and penalties 
 against property, for taxes assessed and levied thereon, by 
 sale thereof; may borrow money on the faith and credit 
 of the city, by sale of bonds or notes of the city; may ap- 
 propriate the money of the city for all lawful purposes; 
 may create, provide for, construct, regulate, and maintain 
 all tilings of the nature of public works and improve- 
 ments, hospitals, parks, playgrounds or other places of 
 amusement or entertainment, maj^ for puiposes of regula- 
 tion and revenue, license all persons, corporations and as- 
 sociations engaged in any business, occupations and as- 
 sociations engaged in any business, occupation, profession 
 or trade; may establish and maintain a free municipal 
 employment ofiice; may define, prohibit, abate, suppress 
 and prevent all things deterimental to the health, morals, 
 comfort, safety, convenience and welfare of the inhabitants 
 of the city, and may abate all nuisances and causes there- 
 of; may regulate the construction, height and material 
 used in all buildings, and the maintenance and occupancy 
 thereof; may regulate and control the use of the streets 
 and other pubhc places; may create, establish, abolish and 
 organize offices other than those herein provided, and ex- 
 cept as herein provided, fix the salaries and compensations 
 and hours of labor of all officers and employees; may 
 make and enforce local police, sanitary and other regula- 
 tions; and may pass such ordinances as may be expedient 
 for maintaining and promoting the peace,' good govern-
 
 iiKiil and wc'llare of the city; the city shall have all pow- 
 ers that now are. or heivat'ter may be granted to numici- 
 palities by the constitution or laws of the State of CaU- 
 fornia; and all such powers, whether expressed or implied, 
 shall be exercised and enforced in the manner prescribed 
 by this charter, or when not prescribed herein, in such 
 manner as shall be provided by ordinance or resolution of 
 the council. The enumeration of i)articular powers by this 
 charter shall not be held or deemed to be exclusive, but, 
 in adcUtion to the powers enumerated herein, the city shall 
 have, and may exercise all other powers which, under the 
 constitution and laws of California, it would be competent 
 for this charter specifically to enumerate. 
 
 Public Entertainment 
 
 Sec. 13. The city may appropriate money for any or all 
 of the followinij purposes: reception and entertainment of 
 public guests, assistance of public celebrations held by the 
 city at large, to aid or carry on the work inducing immi- 
 gration to the city; and generally, for the puipose of ad- 
 vertising the city, provided, however, that the aggregate 
 expenditures for all of said purposes shall not exceed in 
 any fiscal year the sum of two cents on each one hundred 
 dollars of the assessed value of jjroperty. 
 
 Legislative Powers of Council 
 
 Sec. 14. The legislative power of the city, except as re- 
 served to the people by this charter, shall be vested in a 
 council of seven members, one to be elected from each of 
 the seven wards of the city by the electors thei'^of. 
 
 Term of Office 
 
 Sec. lo. Councilmen shall be elected for a term of two 
 years, and shall serve until tlieir successors are elected or 
 appointed and have qualified. 
 
 Vacancies in Council 
 
 Sec. 10.- Vacancies in the council shall be filled by the 
 council, for the unexpired term, except when caused by 
 recall election. When a vacancy occurs in the council, 
 electors in the waixl in which the vacancy occurred, equal 
 in number to twenty-five per cent or more of the total 
 vote cast for councilman therein, at the last general elec- 
 tion, may file a petition, praying for a special election, to 
 fill such vacancy. When such i)etition is filed, the signa- 
 tures thereto shall be verified and certified, as provided
 
 for petitions for recall elections, and it shall thereupon be 
 mandatory on the council to call such special election, 
 within thirty days thereafter. If no such petition be filed 
 within two weeks after the vacancy occurs council shall 
 proceed to fill such vacancy. 
 
 Qualifications of Councilmen 
 
 Sec. 17. Members of the council, and candidates there- 
 for, shall be residents of the city for three years and elec- 
 tors of the ward which they represent. Councilmen shall 
 not hold any other public office except that of notary pub- 
 lic or member of the state militia, and shall not be inter- 
 ested in any contract, job, work or service for the munici- 
 pality. Any member who shall cease to possess any of the 
 qualifications herein required shall forfeit his office, and 
 any such contract, in which any member is or may be- 
 come interested, shall be void. No member of the council 
 shall, except in so far as is necessary in the performance 
 of the duties of his office, directly or indirectly take any 
 part in the appointment, promotion or dismissal of any 
 officer, or employee in the service of the city other than 
 the officers or employees of the council. 
 
 Salary of Councilmen 
 
 Sec. 18. The salaries of the councilmen first elected 
 under this charter shall be fiftj' dollars per month. There- 
 after the council may, by ordinance submitted to a refer- 
 endum at any municipal election, change the salary of 
 members of the council. 
 
 Meetings of Council 
 
 Sec. 19. On the second Monday following a regular 
 municipal election, the council shall meet in the council 
 chambers of the city hall at 8 p. m., at which time the 
 newly elected and qualified councilmen shall assume the 
 duties of their office. Thereafter the council shall meet 
 at such times as may be prescribed by ordinance or reso- 
 lution. Any four members thereof may call special meet- 
 ings of the council upon notice to each member. Such 
 notice shall state the subjects to be considered at the meet- 
 ing and no other subjects shall be there considered. All 
 meetings of the council shall be public and any citizen shall 
 have access to the minutes and records thereof at all rea- 
 sonable times. 
 
 The council shall determine its own rules and order of 
 business and shall keep a minute book of its proceedings. 
 
 President of Council 
 
 Sec. 20. At the first meeting after assuming the duties 
 of the office, the council shall elect one of its members
 
 president who shall hold the title of mayor, and preside 
 at meetings of the eouncil. He shall be the chief execu- 
 tive of the city and perform such other duties as presiding 
 officer as may be imposed upon him by the council. In 
 the absence of the president, the council shall elect a presi- 
 dent pro tempore. 
 
 Legislative Procedure 
 
 Sec. 21. The council shall be the judge of the election 
 of its members. A majority of all members shall be 
 a quorum to do business, but a less number may adjourn 
 from day to day and compel the attendance of absent 
 members in such manner and under such penalties as may 
 be prescribed by ordinance. The atfirmative vote of a 
 majority of the members of the council shall be necessary 
 to adopt an ordinance or resolution. The vote upon the 
 passage of all ordinances and upon the adoption of such 
 resolutions as the council by its rules prescribe, shall be 
 taken by "yeas" and "nays" and entered upon the journal. 
 
 Ordinance Enactment 
 
 Sec. 22. Each proposed ordinance or resolution shall 
 be in written form and shall contain but one subject which 
 shall be stated in the title; but general appropriation ordi- 
 nances may contain the various subjects and accounts for 
 which moneys are to be appropriated. The enacting clause 
 of all ordinances passed by the council shall be, "Be it 
 ordained by the council of the city of Bakersfield as fol- 
 lows." The enacting clause of all ordinances submitted 
 by the initiative shall be, "Be it ordained by the people 
 of Bakersfield as follows:". 
 
 Emergency Measures 
 
 Sec. 23. All ordinances and resolutions shall be in ef- 
 fect from and after thirty days from the date of their 
 passage, except as otherwise provided in this charter. The 
 council may, by a two-thirds vote of the members, pass 
 emergency measures to take effect at the time indicated 
 therein. 
 
 Definition of Emergency Measure 
 
 Sec. 24. An emergency measure is an ordinance or 
 resolution for the immediate preservation of the public 
 health, peace, property or safety, or providing for the daily 
 operation of a municipal department in which the emerg- 
 ency is set forth in the preamble thereto. Ordinances ap- 
 propriating money may be passed as emergency measures, 
 
 10
 
 but no measure making a grant of a franchise or other 
 special privilege, or regulating the rate to be charged for 
 its services by any public utility shall ever be so passed. 
 
 Initiative Petition 
 
 Sec. 25. Any proposed ordinance may be submitted 
 to the council by a petition signed by registered electors 
 of the city equal to twenty-five per cent, of the total votes 
 cast at the last general municipal election. The form and 
 contents of the petition and the mode of verification and 
 certification and filing shall be substantially as hereinafter 
 provided. 
 
 Procedure 
 
 Sec. 26. When such petition and ordinance is pre- 
 sented, the clerk must endorse it, with date of filing, and 
 within ten days thereafter, he must verify the signature 
 thereto, and submit it to the council at the first regular 
 meeting thereafter. The council shall pass the ordinance 
 within ten days after its submission or call a special elec- 
 tion, to be held within forty days after the clerk shall have 
 submitted said petition, at which said ordinance shall be 
 submitted to a vote of the people. 
 
 Publication of Ordinance 
 
 Sec. 27. Whenever an ordinance is required by this 
 charter to be submitted to the voters of the city, such 
 ordinance shall be published in like manner as ordinance 
 adopted by the council. 
 
 Form of Ballot 
 
 Sec. 28. The ballots used when voting upon such ordi- 
 nances shall give the title in full and state the general na- 
 ture of the proposed ordinance and contain the words 
 "For the Ordinance" and the words "Against the Ordi- 
 nance" and otherwise conform to the provisions of this 
 charter. If a majority of the votes cast thereon at such 
 election be for the ordinance, it shall thereupon become 
 a valid and binding ordinance of the cit^^ 
 
 Plurality of Ordinance 
 
 Sec. 29. Any number of proposed ordinances may be 
 submitted at the same election. 
 
 Repeal or Amendment 
 
 Sec. 30. The council may submit an ordinance to re- 
 peal or amend any such ordinance to the electors at any 
 succeeding general municipal election; and should such 
 
 11
 
 proposed ordinance so submitted receive a majority of 
 the votes cast thereon at such election, the original ordi- 
 nance shall be repealed or amended accordingly. An 
 ordinance proposed by petition, or adopted by a vote of 
 the people, can not be repealed or amended except by a 
 vote of the people. 
 
 Affidavits of Signatures 
 
 Sec. 31. The petition hereinbefore referred to must be 
 signed by electors of the city and attached to an affidavit 
 of one or more of the signers thereof, that the names 
 thereto are names of electors as thereinbefore set forth 
 and were subscribed to the said petition in the presence of 
 the affiant. 
 
 The Referendum 
 
 Sec. 32. No ordinance passed by the council shall go 
 into effect before thirty days from the time of its final 
 passage, except when otherwise required by the general 
 laws of the state, or by the provisions of this charter re- 
 specting street improvements, and except the ordinance 
 making the annual tax levy, and except an ordinance for 
 the immediate preservation of the public health or safety; 
 the said ordinance to contain a statement of its urgency; 
 provided, that no grant of any franchise shall be construed 
 to be an urgency measure, but all franchises shall be sub- 
 ject to the referendum vote herein provided. If before any 
 ordinance is in force a petition signed by electors of the 
 city, equal in number to twenty-five ])er centum or more, 
 of the entire vote cast at the last general election, pro- 
 testing against the passage of such ordinance, be presented 
 to the council, said ordinance shall thereupon be sus- 
 pended. Tlie council shall submit the ordinance to the 
 electors of the city either at the next general municipal 
 election, or at a special election, and such ordinance shall 
 not go into effect unless a majoritv of the electors voting 
 on the same, shall vote in favor thereof. The provisions 
 of article VII. respecting the forms and conditions of the 
 petition and the mode of verification and certification and 
 filing, and the ballot to be used, shall be substantially 
 followed, with such modifications as the nature of the 
 case may require. 
 
 Conflicting Measures 
 
 Sec. 33. At any special election, one or more other 
 questions or ordinances may be submitted to the electors 
 either by the same or by diflerent ordinances, if said other 
 questions and ordinances are such as may legally be sub- 
 
 12
 
 mitted at such election, and the requirements of the char- 
 ter have been comphed with. If two or more measures 
 approved or adopted at the same election conflict, the 
 measure receiving the highest affirmative vote shall con- 
 trol in such conflicting portions. 
 
 ARTICLE IV. 
 
 OFFICERS AND EMPLOYEES 
 
 Officers Appointed by the Council 
 
 Sec. 34. The council shall appoint the following offi- 
 cers whose terms of office shall be at the pleasure of the 
 council : 
 
 1. City manager, who may or may not be a resident of 
 the city at the time of liis appointment. 
 
 2. Treasurer. 
 
 3. Assessor. 
 
 4. Attorney. 
 
 5. Clerk. 
 
 The council shall appoint the following officers whose 
 terms of office shall be for a period of two years: 
 
 1. Auditor. 
 
 2. Police judge. 
 
 3. Public welfare commissioners. 
 
 City Manager 
 
 Sec. 35. The city manager shall have general super- 
 vision and direction of the administrative operation of the 
 city government. 
 
 Duties of Manager 
 
 Sec. 36. The duties of the manager are: 
 
 1. To see that all the laws and ordinances are faithfully 
 enforced by the heads of the departments; 
 
 2. To attend all meetings of the council at which his 
 attendance may be required by that body; 
 
 3. To recommend for adoption to the council such 
 measures as he may deem necessary or expedient; 
 
 4. To keep the council fully advised of the financial 
 condition of the municipality and its future needs; 
 
 5. To prepare and submit to the auditor a tentative 
 budget for the next fiscal year; 
 
 6. To appoint and remove, except as herein otherwise 
 provided, all officers and subordinate officers and em-
 
 ployces of the cleparlnuiits, in both the classified and un- 
 chissificd service; all appointments to be upon merit and 
 fitness alone; 
 
 7. To exercise control over all other departments and 
 divisions that may be hereafter created by the council, 
 and assigned to his management, not in conflict with the 
 provisions of this charter; 
 
 8. To investigate all complaints, in regard to the service 
 maintained by any and all public utilities in the city, and 
 to take such proceedings as may be necessary to correct 
 the abuse, if any. 
 
 Salary of Manager 
 
 Sec. 37. The city manager shall receive such salary as 
 may be fixed by the council, and before entering upon the 
 duties of his office, he shall take the official oath required 
 by this article. 
 
 Heads of Departments 
 
 Sec. 38. The following officers shall be appointed by 
 and hold office at the pleasure of the city manager: 
 
 1. Chief of police. 
 
 2. Chief of fire department. 
 
 3. City engineer. 
 
 4. Superintendent of streets. 
 
 5. Health officer. 
 
 6. Building and plumbing inspector. 
 
 Duties of Appointive Officers 
 
 Sec. 39. The council shall define the duties of appoint- 
 ive ofTicers, where not otherwise pix)vided for in this char- 
 ter, and where practicable, the duties of two or more offi- 
 cers may be performed by the same person. 
 
 Auditor 
 
 Sec. 40. The duties of the auditor shall be: To certify 
 to the treasurer the amount due to the city, from any 
 source, and the treasurer shall not receive such money un- 
 less such certificate shall have been presented and filed, 
 showing the amount, from what source the indebtedness 
 has arisen, and to what fund it should be apportioned; to 
 keep a complete set of books, showing the balance of 
 money in the treasury, and the amount charged against 
 each officer or employee; to prepare, countersign and de- 
 liver, from time to time, as may be required, to the proper 
 
 14
 
 officer, agents or emploj^ees, all licenses and receipts, 
 charging such officer, agent or employee therewith, and 
 taking his receipt therefor; to draw and sign all warrants 
 upon the treasurer for the payment of any legal demand 
 against the city, when allowed by the council, or proper 
 board or officer. No warrant shall be drawn, except upon 
 a written demand, as aforesaid, which shall be filed and 
 kept in the office of the auditor, with the date of filing, 
 when allowed, and the name of the person holding the 
 original demand against the city. He shall, upon the death 
 or removal or expiration of the term of any officer hand- 
 ling any funds of the city, or being charged with any such 
 funds, examine the accounts of such officer or employee, 
 and report the result of his examination to the manager. 
 
 Examination of Records 
 
 Sec. 41. The city council shall employ, at the beginning 
 of each fiscal year, a certified public accountant who shall, 
 at least twice each year, without notice, examine the 
 books, records, and reports of the auditor and of all other 
 officers and employees who receive or disburse city money, 
 and of such other officers and departments as the council 
 may direct. Reports of such examination, in triplicate, 
 shall be made and one each thereof shall be filed with the 
 clerk, auditor and attorney. Any officer, clerk or em- 
 ployee who shall refuse to give all required assistance and 
 information to such accountant or submit to him for ex- 
 amination such books, papers and records of his office as 
 may be required, shall forfeit his office. 
 
 Uniform Accounts and Reports 
 
 Sec. 42. The council shall prescribe uniform forms and 
 accounts, which shall be observed by all officers and de- 
 partments of the city which receive or disburse moneys. 
 Whenever an act shall be passed by the state legislature 
 calling for uniform municipal reports, the city authorities 
 shall be governed thereby. 
 
 Qualifications of Officers and Employees 
 
 Sec. 43. Except as otherwise specified in this charter, 
 the qualifications of officers and employees of the city shall 
 be as follows: Each elective officer must be a citizen of 
 the United States, of the State of California, and of the 
 city of Bakersfield, for three years next preceding the date 
 of his election. Residence within the limits of any terri- 
 tory which has been or maj^ hereafter become annexed 
 to the city of Bakersfield, shall, after any such annexation 
 
 15
 
 has been accomplished, be deemed and construed to have 
 been within the city. Appointive otTicers, members of the 
 pubUc welfare board, suljordinate oiTicers and municipal 
 employees, except employees in the unskilled labor di- 
 vision, must be citizens of the United States; each member 
 of the police and tire department shall be of good repute 
 for honesty and sobriety, able to read and write the Eng- 
 hsh language; shall have been a resident of the city of 
 Bakersfield for one year next preceding his appointment; 
 and further provided, that in appointments to positions, 
 citizens of the United States shall be employed in prefer^ 
 ence to aliens, and married men and men of family in 
 preference to single men. 
 
 Oath of Office 
 
 Sec. 44. Every officer of the city before entering upon 
 the duties of his office, shall take the following oath of 
 office and fde the same with the clerk: I solemnly swear 
 or affirm that I will support the constitution of the United 
 States, the constitution of the State of California, and the 
 charter and ordinances of the city of Bakersfield, and will 
 truly and to the best of my ability perform the duties of 
 
 the office of 
 
 (Signed) - 
 
 Subscribed and sworn to before me, this 
 
 day of - , 19 
 
 Bonds of Officers 
 
 Sec. 45. All officers, commissioners, heads of depart- 
 ments, the city manager, and any subordinates, deputies 
 or employees, as may be required by the council, shall 
 execute a good and suthcient un{k'rtaking. in such sum 
 as may be fixed by the council, for the faithful perform- 
 ance of their official duties, signed and executed by two 
 or more persons, or by any surety company authorized to 
 do business in the State of California. 
 
 Restrictions Upon Officers and Employees 
 
 Sec. 46. Xo officer, appointee or employee of the city, 
 shall- be interested in any contract or transaction with the 
 city, or with any department, board, otlicee or employee 
 thereof, nor become surety for the performance of any 
 contract or sulj-contract made with or for the city, upon 
 
 16
 
 any bonds given for the performance thereof to the city, 
 or contractor. No officer, appointee or employee shall 
 receive any commission, money or things of value, or 
 derive any profit, benefit or advantage direct or indirect, 
 from or by reason of any dealings with or services for the 
 city by himself or others, except his lawful compensation 
 as such officer, appointee or employee. The violation of 
 the provisions of this section shall be a misdemeanor and 
 shall work the forfeiture of such office or employment. 
 
 Day of Rest Each Week 
 
 Sec. 47. No employee or police officer shall be required 
 to render services for which he is einployed or appointed 
 for more than six days in any week, except in times of 
 stress or emergency; and when it would not result in the 
 impairment of the service of which he is engaged, Sunday 
 shall be preferred as the day of rest. 
 
 ARTICLE V. 
 
 FINANCE AND TAXATION 
 
 The Fiscal Year 
 
 Sec. 48. Tlie fiscal jear of the city shall commence 
 upon the first day of July each year. 
 
 Tax System 
 
 Sec. 49. The council shall by ordinance provide a sys- 
 tem for the assessment, levy and collection of all city taxes 
 not inconsistent with the provisions of this charter. 
 
 Compliance With State Law 
 
 Sec. 50. The council shall have power to avail itself 
 by ordinance of any law of the State of California now or 
 hereafter in force, whereby assessments may be made by 
 the assessor of the county in which the city of Bakers- 
 field is situated, and taxes collected by the tax collector 
 of said county for and on behalf of the the city of Bakers- 
 field. Other provisions of this charter concerning the as- 
 sessment levy and collection of taxes shall be subject to 
 the provisions of any such ordinance while the same shall 
 be in force. 
 
 Department Estimates of Annual Requirements 
 
 Sec. 51. On or before the first Monday in April in each 
 year, or on such day in each year as shall be fixed by the 
 council, the heads of departments, offices, board and com- 
 
 17
 
 missions shall submit to the city manager a careful esti- 
 mate in writing of the amounts, specifying in detail the 
 objects thereof, required for the business and proper con- 
 duct of their respective departments, offices, boards and 
 commissions during the next ensuing fiscal year. 
 
 Annual Estimate of City's Requirements and Revenue 
 
 Sec. 52. On or before the first Monday in May in each 
 year, or on such date in each year as shall be fixed by the 
 council, the auditor shall submit to the council an esti- 
 mate of the probable expenditure of the city government 
 for the next ensuing fiscal year, stating the amount re- 
 quired to meet the interest and sinking funds for the out- 
 standing bonded indebtedness of the city, and the wants 
 of all the departments of the municipal government in de- 
 tail, and showing specifically the amount necessary to be 
 provided for each fund and department; also an estimate 
 of the amount of income from fines, licenses and other 
 sources of revenue, exclusive of taxes upon property, and 
 the probable amount required to be levied and raised by 
 taxation. 
 
 Annual Budget 
 
 Sec. 53. The council shall meet annually, prior to 
 fixing the tax levy, and make a budget of the estimated 
 amounts required to pay the expenses of conducting the 
 business of the city government for the ensuing fiscal 
 year. The budget shall be prepared in such detail as to 
 the aggregate sum and the items thereof allowed in each 
 department, office, board or commission as the council 
 may deem advisable. 
 
 Board of Equalization 
 
 Sec. 54. The council shall meet on the first Monday 
 in August in each year, at 10 o'clock in the forenoon of 
 said day, and sit as a board of equalization, and shall con- 
 tinue in session for at least five days. They shall have 
 power to hear complaints and to correct or modify any 
 assessment or cancel any assessment illegally made, pro- 
 vided that notice shall be given to the party whose as- 
 sessment is to be raised. 
 
 Annual Tax Levy 
 
 Sec. 55. The council must, not later than the first 
 Tuesday in September in each year, pass an ordinance 
 le>dng upon the assessed valuation of the taxable prop- 
 erty in the city, a rate of taxation upon each one hundred 
 
 18
 
 dollars of valuation, sufficient to raise the amounts esti- 
 mated to be required in the annual budget, less the esti- 
 mated amount to be received from fines, licenses and 
 other sources of revenue. They shall then deliver the as- 
 sessment roll to the auditor, who shall compute and carry 
 out the amount of the tax so levied upon each parcel of 
 property contained in said assessment roll. The corrected 
 list for each tax shall be the assessment roll of said tax 
 for said year, and it shall be certified by the auditor as 
 being the assessment roll of said tax. 
 
 Limit of Tax Levy 
 
 Sec. 56. The tax levy authorized by the council, to 
 meet the municipal expenses for each fiscal year, shall not 
 exceed (except as herein provided) the rate of one dollar 
 on each one hundred dollars of the assessed value of all 
 real and personal property within the city. The council, 
 if requested by the board of education, shall, in addition 
 to the tax for municipal purposes, levy a tax for the ade- 
 quate support of the public schools, such levy not to ex- 
 ceed twenty-five cents on each one hundred dollars of 
 the assessed value of all real and personal property within 
 the school district. 
 
 Bond Tax and Library Tax 
 
 Sec. 57. The council shall have power to levy and col- 
 lect taxes, in addition to the taxes herein authorized to be 
 levied and collected, sufficient to pay the interest and 
 maintain a sinking fund of the bonded indebtedness of 
 the city, and to provide for the support of free public 
 libraries and reading rooms, and for any other purpose 
 not forbidden by this charter or the laws of the state. 
 
 Cash Basis Fund 
 
 Sec. 58. The council shall create and maintain a re- 
 volving fund, to be known as the cash basis fund, for the 
 purpose of putting 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 one hundred dollars of the assessed value 
 of said property shall be placed in such fund until the 
 accumulated amount 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 
 
 19
 
 as may be required for the puq)ose 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. 
 
 Tax Liens 
 
 Sec. 59. All taxes assessed, toi*ethcr with any per- 
 centage and penalties imposed for delinquency and the 
 cost of collection, shall constitute liens on the property 
 assessed; every tax upon the personal property shall be a 
 lien upon the real property of the owner thereof. The 
 liens, provided for in this article shall attach as of the 
 first Monday in March of each year, and may be enforced 
 by action in any court of competent jurisdiction to fore- 
 close such liens, or by a sale of the property affected and 
 the execution and delivery of all necessary certifications 
 and deeds therefor, under such regulations as may be pre- 
 scribed by ordinance; provided, that when i^al estate is 
 offered for sale for city taxes due thereon, the same shall 
 be struck off" and sold to the city, in like case and in like 
 manner and with like effect and with like right of redemp- 
 tion and with like right of sale by the city, as it may be 
 struck off" and sold to the state when off"ered for sale for 
 county taxes and sold by the state. 
 
 Disposition of Money Collected 
 
 Sec. 60. Every officer collecting or receiving any funds 
 belonging to or for the use of the city shall settle for the 
 same immediately. Tlie council may provide, in its dis- 
 cretion, for the deposit of the city's funds hi banks in ac- 
 cordance with the state law. 
 
 ARTICLE VI. 
 
 DEPARTMENT OF PUBUC WELFARE 
 
 Departments 
 
 Sec. 6L The department of public welfare shall in- 
 clude the following subordinate departments: 
 
 Public health and sanitation. 
 Public charities. 
 Parks and playgrounds. 
 
 Commission to Control 
 
 Sec. 62. The department shall be under the adminis- 
 trative control of a commission of seven members, who 
 shall serve without compensation, and shall be appointed 
 
 20
 
 one from each ward by the council, for a term of two 
 years. The operative management of each department 
 shall be under the direction and control of a head official 
 to be appointed by the manager. Public welfare commis- 
 sioners shall have charge of the inspection and super- 
 vision of all public amusements and entertainments, with 
 full police powers to control, censure or suppress any- 
 thing detrimental to public morals. 
 
 Department of Public Health 
 
 Sec. 63. The department of public health shall be un- 
 der the control and management of the health officer, 
 who must be a physician licensed to practice medicine 
 and surgery in California, who shall have supervision of 
 all matters pertaining to the sanitary conditions of the 
 city and the health of its inhabitants. He shall have 
 power, and it shall be his duty: 
 
 1. To see that all the ordinances and regulations of the 
 council and of the department are enforced and complied 
 with. 
 
 2. To inspect the drainage, sewage and garbage disposal. 
 
 3. To supervise the care, preparation, production and sale 
 of all articles in any way distributed for food consump- 
 tion. 
 
 4. To enforce all laws of the State of California and all 
 regulations made by the department of health, applicable 
 to the city. 
 
 5. In the exercise and enforcement of the duties of his 
 department, he shall have the power of a peace officer, 
 and may make arrests for the violation of any ordinances 
 or laws governing his department, and may seize and 
 confiscate any articles of food unfit for human consump- 
 tion. 
 
 6. When necessary to the efficiency of his department, 
 he may, with the consent of the manager, appoint one or 
 more physicians, emergency surgeons, bacteriologists, and 
 food and market inspectors, school and district nurses 
 and a clerk of the department, and prescribe and direct 
 their duties. 
 
 7. He shall have supervision and control of all hospitals 
 or sanitoriums that may be established or maintained by 
 the city. 
 
 Department of Public Charities 
 
 Sec. 64. The department of charities shall be under the 
 supervision of a commissioner, who shall investigate all 
 applications for charity, and may furnish relief for im- 
 
 21
 
 mediate ^vant or distress, and at once report the particu- 
 lar of each case to the pubUc welfare commissioner. He 
 shall have the care and supervision of all homes, shelters 
 and charitable institutions maintained by the city, that 
 are not under the supervision and control of the depart- 
 ment of health. 
 
 Department of Parks and Playgrounds 
 
 Sec. 65. The department of parks and playgrounds 
 shall be under the supervision and direction of a park 
 commissioner, who shall have the care and supervision 
 and management of parks and playgrounds, and enforce 
 the rules and regulations relating thereto and the use 
 thereof. He shall make suggestions to the manager for 
 improving and beautifying all property under the su- 
 pers'ision of his department and for the general better- 
 ment thereof, for the purposes for which the property is 
 dedicated. 
 
 ARTICLE Vll. 
 
 ELECTIONS 
 
 Mode of Election 
 
 Sec. 66. The mode of nomination and election of all 
 elective ofiicers of the city and members of the board of 
 education shall be as provided in this article. 
 
 When Held 
 
 Sec. 67. Within ten days after this charter shall have 
 been ratified by the legislature and a certified copy thereof 
 has been filed in the office of the secretary of state and a 
 like copy has been recorded in the ofTice of the county re- 
 corder of Kern county and deposited in the archives of 
 the city, the governing body of the city of Bakersfield 
 shall call a nominating election and a general election, 
 under the provisions of this charter, to elect officers as 
 herein provided. The nominating election shall be held on 
 the first Tuesday after the expiration of fifty days from 
 the filing of the certified copy of this charter in the 
 archives, as aforesaid. The officer so elected shall hold 
 office until their successors are elected and qualified. 
 Thereafter a general election shall be held on the second 
 Tuesday of April of the year 1917. and each odd-number- 
 ed year thereafter, for the election of members of the 
 council, and members of the board of education shall be 
 elected as herein provided. 
 
 Condition of Candidacy 
 
 Sec. 68. The candidate, not later than the first pre- 
 sentation to the clerk of his petition of nomination, and 
 
 22
 
 not earlier than thirty days before such presentation, shall 
 file with the city clerk a declaration of his candidacy, in 
 the following form: 
 
 Declaration of Candidacy 
 
 I, , residing at No. 
 
 street, Bakersfleld, California, being duly sworn, hereby 
 
 declare myself a candidate for the office of-... 
 
 , to be voted for at the 
 
 municipal election, to be held in the city of Bakersfleld, on 
 
 the --- -- ...day of , 19 , 
 
 and hereby appoint... _ , 
 
 residing at No street, city of Bakersfleld, veri- 
 fication deputy, 
 
 (Signed) ... 
 
 STATE OF CALIFORNIA) 
 
 ss 
 County of Kern. ) 
 
 Subscribed and sworn to before me this day 
 
 of ; , 19 
 
 Form of Nominating Petition 
 
 Sec. 69. The petition for nomination shall consist of 
 not less than twenty-flve nor more than flfty individual 
 certiflcates, which shall read substantially as follows: 
 
 Petition of Nomination 
 
 (Individual Certiflcate) 
 
 I, the undersigned, certify that I do hereby join in a pe- 
 tition for the nomination of , whose 
 
 residence is at No ,to be voted for the nominating 
 
 election, to be held in the city of Bakersfleld, on the 
 
 day of... ,19 , for the office of .; 
 
 that I believe said... _. is fully qualifled 
 
 for said office, and should be elected thereto; and I further 
 certify that I am a qualifled elector, and am not, at this 
 
 23
 
 time, a signer of any other petition nominating any other 
 candidate for the above named office; that my residence is 
 
 at No street, between street and 
 
 street, Bakersfield, and that my occupa- 
 tion is 
 
 (Signed) . 
 
 Forms to Be Supplied by City Clerk 
 
 Sec. 70. It shall be the duty of the clerk to furnish, 
 upon application, a reasonable number of forms of indi- 
 vidual certificate of the above character. 
 
 Requirements of Certificate 
 
 Sec. 71. Each certificate must be a separate paper. All 
 certificates must be of a uniform size, as detcrnaned by 
 the clerk. Each certificate must contain the name of one 
 signer thereto and the name of but one candidate. Each 
 signer must be an elector, entitled to vote for the candi- 
 date named, and must not, at the time of signing a certifi- 
 cate, have signed any other certificate for the same office. 
 In case an elector has signed two or more conflicting certi- 
 ficates, all except the one first presented shall be rejected. 
 Each signer must sign his name in the presence of the 
 verification deputy, who must take oath before some 
 officer authorized to administer and certify oaths, that 
 the signatures thereto and each thereof, were made in his 
 presence, and are genuine. 
 
 Date of Presenting Petition and Form Thereof 
 
 Sec. 72. A petition for nomination, consisting of not 
 less than twenty-five nor more than fifty individual certi- 
 ficates for any one candidate, may be presented to the 
 clerk ,not earlier than fifty days, nor later than twenty- 
 five days before the election. The clerk shall endoree 
 thereon the day, hour and minute when the petition was 
 presented to him. 
 
 The certificates constituting such petition, before being 
 presented to the clerk, shall be fastened together in book 
 form, arranged in alphabetical order, according to sur- 
 names, and fastening them together at one edge in a se- 
 cure and suitable manner, and the certificates shall then 
 be numbered consecutively. 
 
 r 
 
 24
 
 Examinations of Petitions by City Clerk 
 
 Sec. 73. When a petition of nomination is presented 
 for filing to the clerk, he shall forthwith examine the 
 same, and ascertain whether it is sufficient under the pro- 
 visions of this charter. Within seven days thereafter he 
 must examine and determine whether or not it is suffi- 
 cient and shall attach to said petition his certificate, show- 
 ing the result of said examination, and forthwith send by 
 registered mail or deliver, a copy of said certificate to the 
 person seeking a nomination. If the petition be found in- 
 sufficient such certificate of the clerk shall designate each 
 individual certificate found to be defective and the defect 
 therein. If the petition be insufficient, it may be amended 
 or supplemented by the presentation of an additional 
 nominating petition containing additional nominating cer- 
 tificates, not later than twenty-five days before the date 
 of the nominating municipal election. The clerk shall, 
 withia five days after the presentation of such additional 
 nominating petition, make like examination and determi- 
 nation of the amended petition, and attach to it a like 
 certificate and mail a copy as aforesaid, and if his certifi- 
 cate shall show the amended petition to be insufficient, or 
 if no additional nomination petition shall have been pre- 
 sented, the petition shall be returned to the person seeking 
 a nomination named as the person to whom the petition 
 is to be returned. If necessary, the council shall provide 
 extra help to enable the clerk to perform his duties, under 
 any election provision of this charter. 
 
 Withdrawal of Signature 
 
 Sec. 74. Any signer to a certificate forming part of the 
 petition of nomination may withdraw his name from the 
 same, by filing with the clerk a revocation of his signature, 
 before the presentation of the petition to the city clerk, 
 and not otherwise. He may then sign a petition for an- 
 other candidate for the same office. 
 
 Withdrawal of Candidate for Nomination 
 
 Sec. 75. Any person who has filed his declaration of 
 candidacy, as in this article provided, may, not later than 
 thirty days before the day of the nominating election, 
 cause his name to be withdrawn from nomination, by 
 filing with the clerk an affidavit stating that he so with- 
 draws, and no name so withdrawn shall be printed on the 
 ballot. 
 
 Filing of Petitions 
 
 Sec. 76. If either the original or the amended petition 
 be found to conform to the provisions of this article, the 
 
 25
 
 clerk shall file the same not later than twenty days before 
 the date of the election. When a petition of nomination 
 shall have been filed with the clerk, it shall not be with- 
 drawn nor added to, and no signature shall be revoked 
 thereafter. 
 
 Preservation of Petitions 
 
 Sec. 77. The clerk shall preserve in his office for a 
 period of one year all petitions of nomination and all cer- 
 tificates belonging thereto, filed under this section. 
 
 Election Proclamation 
 
 Sec. 78. Immediately after such petitions are filed, the 
 clerk shall enter the names of the candidates in a Ust, 
 with the ofiices to be filled, whether for a full or unexpired 
 term and the names of the candidates for each, and shall, 
 not later than twenty days before the nominating election, 
 certify such list as being the list of candidates nominated, 
 and tiie council shall cause said certified list to be filed and 
 published in the proclamation calUng the election for three 
 successive days, commencing seven days before the day of 
 the election. Said proclamation shall in all other respects 
 be governed by ordinances. 
 
 Form of Ballot 
 
 Sec. 79. The clerk shall cause the ballots to be printed 
 and bound and numbered as provided for by the state 
 law, except as otherwise required in this charter. 
 
 Requirements of Ballot 
 
 Sec. 80. The form of the ballot shall be prescribed by 
 the council and shall be printed on precisely the same size, 
 quality and tint of paper, with precisely the same kind of 
 t^-pe and color of ink. so that without the number it would 
 be impossible to distinguish one ballot from another; and 
 the names of all candidates printed upon the ballot shall 
 be in t^^pe of the same size and style. The names of the 
 candidates for each oliice shall be arranged in alphabetical 
 order by surnames, and nothing on the ballot shall be 
 indicative of the source of the candidacy or of the support 
 of any candidate. 
 
 Space for Voting Cross 
 
 Sec. 81. A space, one-half inch square, shall be left at 
 the right of the name of each candidate, wherein to mark 
 the cross. 
 
 Sec. 82. As many blank spaces as there ai^ candidates 
 
 26
 
 to be voted for shall be left below the printed names of 
 candidates for each office to be voted for, wherein the 
 voter may write the name of each person for whom he 
 may wish to vote. 
 
 Sample Ballots 
 
 Sec. 83. The clerk shall cause to be printed sample 
 ballots identical, except on a different color of paper, with 
 the ballot to be used at the election, and shall furnish 
 copies of the same, on application, to registered voters, at 
 his office for at least five days before the date fixed for 
 such election, and shall mail one such ballot to each voter 
 entitled to vote at such election, so that all of said sample 
 ballots shall have been mailed at least five whole days 
 before said election. 
 
 General Election 
 
 Sec. 84. There shall be two candidates nominated for 
 each officer to be elected and such number of candidates 
 as may receive a higher number of votes than any other 
 opposing candidates shall be the nominees; provided, that 
 if there be any person who, under the provisions of this 
 article, would have been entitled to become a candidate 
 for any office, except for the fact that one or more other 
 persons received an equal number of votes therefor, all 
 such persons receiving an equal number of votes shall like- 
 wise be candidates for such office. If, at any nominating 
 election, any candidate for any office shall receive a ma- 
 jority of all votes cast for that office, he shall be declared 
 elected to the said office, and no other election therefor 
 shall be held. If, at any election, no candidate is elected, 
 by reason of a tie vote, the office for which such persons 
 were candidates shall, at the expiration of the current 
 term, become vacant. 
 
 Informalities in Election 
 
 Sec. 85. No informalities in conducting elections shall 
 invalidate the same, if they have been conducted fairly and 
 in substantial conformity to the requirements of this 
 charter and the ordinances relating thereto. 
 
 General Election Regulations 
 
 Sec. 86. The provisions of the state law relating to the 
 qualifications of voters, the manner of voting, the duties of 
 election officers, the canvassing of returns, and all other 
 particulars in respect to the management of elections, so 
 far as they may be applicable and not inconsistent or in 
 
 27
 
 conflict with this charter shall govern all elections. The 
 council shall meet as a canvassing board and have the 
 same powers and duties as boards of supervisors. 
 
 RECALL ELECTIONS 
 
 Sec. 87. Any ollicer elected or appointed for a definite 
 term may be recalled, after the expiration of three months 
 fr-om the commencement of his term, by the electors en- 
 titled to vote for his successor. When a petition for the 
 recall of a councilman is presented signed by electors of 
 the ward which he represents, equal in number to twenty- 
 five per cent., or more, of the total vote cast for council- 
 man in such ward, at the last general election, and certi- 
 fied by the clerk, and his resignation shall not have been 
 received, as herein provided, the recall of such councilman 
 shall be submitted to a vote of the electors of said ward. 
 When the officer sought to be recalled is not a council- 
 man, the recall of such officer shall be signed by electors 
 of the city equal in number to twenty-five per cent., or 
 more, of the number of votes cast at the last general 
 election. The signatures to such petition need not be all 
 appended to one paper. 
 
 Sec. 88. Petition papers shall be procured only from 
 the clerk, who shall keep a sufficient number of such 
 blank petitions for distribution, as herein provided. 
 
 Sec. 89. Prior to the issuance of such petition papers 
 an affidavit shall be made by one or more qualified elec- 
 tors and filed with the clerk, stating the name and office 
 of the officer sought to b eremoved. The clerk, upon issu- 
 ing such petition papers to an elector, shall enter, in a 
 record to be kept in his office, the name of the elector to 
 whom issued, the date of such issuance, and the number 
 of papers issued, and shall certify upon such paper the 
 name of the elector to whom issued and the date of the 
 issuance. No petition paper so issued shall be accepted as 
 a part of a petition unless it bears such certificate of the 
 clerk and unless it be filed as provided herein. 
 
 Sec. 90. Each signer of a recall petition shall sign his 
 name in ink or indelible pencil and shall place thereon 
 after his name his place of residence by street and number. 
 To each such petition paper shall be attached an affidavit 
 of the circulator thereof, stating the number of signers to 
 such part of the petition and that each signature appended 
 to the paper was made in his presence and is the signature 
 of the person whose name it purports to be. 
 
 Sec. 91. All papers comprising a recall petition shall be 
 assembled and filed with the clerk as one instrument with- 
 in thirty days after the filing with the clerk of the affidavit 
 
 28
 
 stating the name and office of the officer sought to be re- 
 moved. Within ten days from the date of the fihng of 
 such petition, the clerk shall determine the sufficiency 
 thereof and attach thereto a certificate showing the result 
 of his examinr.tion. If the clerk shall certify that the peti- 
 tion is insufficient, he shall set forth in the certificate the 
 particulars in which the petition is defective, and shall 
 return a copy of the certificate to the circulator thereof. 
 
 Sec. 92. Such recall petition ma}' be amended at any 
 time within twenty days after the making of the certificate 
 of insufficiency by the clerk, by filing a supplementary pe- 
 tition upon an additional petition paper, issued, signed and 
 filed as provided herein for the original petition. The clerk 
 shall, within ten days after such amendment is filed, make 
 like examination of the amended petition, and if his certi- 
 ficate shall show the same to be still insufficient, he shall 
 return it to the person designated in such petition to de- 
 ceive it, without prejudice, however, to the filing of a new 
 petition for the same purpose. 
 
 Sec. 93. If a recall petition or amended recall petition 
 shall be centified by the clerk to be sufficient, he shall at 
 once submit the same with his certificate to the council 
 and notify the officer sought to be recalled of such action. 
 If the official whose removal is sought does not resign 
 within five days after such notice, the council shall there- 
 upon oixler and fix a day for holding a recall election. 
 Such election shall be held not less than forty nor more 
 than sixty days after the petition has been presented to 
 the council, at the same time as any other general or 
 special election which may be held within such period; 
 if no such election be held with such period, the council 
 shall call a special recall election to be held within the time 
 aforesaid. 
 
 Sec. 94. The form of ballots used in recall elections, 
 the method of marking and counting such ballots, and de- 
 termining and declaring the result of such election shall 
 conform to the provisions of this charter, relating to regu- 
 lar elections. 
 
 Sec. 95. Nominations of candidates to succeed any offi- 
 cer whose removal is sought and the election of his suc- 
 cessor shall be made in the manner provided for nominat- 
 ing, elections and general elections. 
 
 Sec. 96. If recalled his successor shall hold office dur- 
 ing the unexpired term. If the successor fails to qualify 
 within ten days after receiving notice of his election, the 
 office shall thereupon be vacant. 
 
 Sec. 97. An officer removed from office bv recall elec-
 
 tion, or who shall resign from such otlice pending recall 
 proceedings against him, sliall he ineligible to hold the 
 same office within two years after such recall or resigna- 
 tion. 
 
 ARTICLE VIll. 
 
 JUDICIAL DEPARTMENT 
 
 Police Court 
 
 Sec. 98. There is hereby created in and for the city of 
 Bakersfield a court, which shall be known as the police 
 court of the city of Bakersfield. 
 
 Qualification of Judge 
 
 Sec. 99. Said court shall have one judge, who shall be 
 appointed by the council for the term of two years and 
 until his successor shall be appointed and qualified. The 
 judge of said police court shall be subject to removal only 
 he recall in the manner provided in this charter for the 
 recall of elective officers. 
 
 Exclusive Jurisdiction 
 
 Sec. 100. The said court shall have exclusive jurisdic- 
 tion; 
 
 1. In all criminal prosecutions of misdemeanors, under 
 this charter, or ordinances of the city; 
 
 2. In all actions for the recovery of any fine, penalty 
 or forfeiture, for the enforcement of any obligation or 
 liability prescribed or created by the city ordinances, in 
 which the sum sued for, exclusive of interest, does not 
 amount to three hundred dollars. 
 
 Concurrent Jurisdiction With Justices' Court 
 
 Sec. 101. Within the city limits said court shall have 
 concurrent and coordinate jurisdiction with township jus- 
 tices' courts, in case of misdemeanor, in which said jus- 
 tices' courts now or may hereafter have jurisdiction. 
 
 Appeals 
 
 Sec. 102. Appeals may be taken to the superior court 
 of the State of California, in and for the county of Kern, 
 from the judgments and orders of said police court, in all 
 cases in which appeals now or may hereafter be taken 
 to said superior court, from said justices' courts and po- 
 lice courts. 
 
 Proceedings on Appeal 
 
 Sec. 103. In all proceedings in and appeals from said 
 police court, the pleadings, practice, procedure and laws 
 
 30
 
 now applicable or that may hereafter be made applicable 
 to said justice courts, are hereby adopted and made ap- 
 plicable to said police court. 
 
 Inability of Judge to Act 
 
 Sec. 104. Upon the sickness, absence or inability to act 
 of the judge of said police court, he shall cause to preside 
 in his place anj^ qualified justice of the peace or judge of 
 any other inferior court of the county of Kern. 
 
 Proceedings as in Justice Courts 
 
 Sec. 105. All provisions of law relating to justices of 
 the peace and justices' courts, including appeals, are here- 
 by made applicable to said police court; and said court and 
 said judge shall have all powers and jurisdiction now or 
 hereafter conferred by law upon justices' courts, police 
 courts or justices of the peace in criminal cases. 
 
 Fines Paid Into General Fund 
 
 Sec. 106. All fines imposed and collected by the police 
 court, and not otherwise appropriated by the general law 
 of the state, shall be paid into the general fund of the city. 
 The council shall provide a courtroom and courtroom 
 accommodations, dockets, blanks and stationery. 
 
 Violation of State Laws 
 
 Sec. 107. Police officers of the city shall have authority 
 and it shall be their duty to make arrests for all violations 
 of any of the laws of the State of California. 
 
 ARTICLE IX. 
 
 PUBLIC UTILITIES 
 
 Ownership 
 
 Sec. 108. It is hereby declared to be the purpose and 
 intention of the people of the city of Bakersfield that such 
 public utilities as shall be deemed best for the interest of 
 the people shall be acquired by purchase, condemnation or 
 construction, and owned and operated by the city. 
 
 Control and Fixing of Rates 
 
 Sec. 109. The power to control the operation of, and 
 to fix rates to be charged by, public utiHties shall be in the 
 railroad commission of the State of California, or such 
 
 31
 
 commission or tribunal as may exercise the powers now 
 vested in the railroad commission of California, until the 
 electors shall, at a special election, vest said powers in the 
 council. 
 
 Plan Submitted to Voters 
 
 Sec. 110. Tlic council shall, upon petition of electors 
 equal in number to not less than thirty-five per cent, of 
 the votes cast at the last general municipal election, sub- 
 mit as separate questions, lay ordinance, to the electors of 
 the city, at any general municipal election thereof, a plan 
 for the acquisition of one or more public utilities and its 
 adoption and the issuance of bonds of the city for the 
 payment therefor. 
 
 Estimate of Cost 
 
 Sec. 111. Before submitting for adoption any plan for 
 the construction and establishment of a public utility, the 
 council shall cause to be ascertained and made an esti- 
 mate of the cost at which such public utility can be con- 
 structed or acquired. 
 
 Contents of Ordinance Calling Election 
 
 Sec. 112. The ordinance calling such election shall con- 
 tain a statement of the plan proposed for the acquisition 
 of such public utility or utilities, naming the same, the 
 estimated cost or price thereof, and shall otherwise con- 
 form to the provisions of this charter governing the calling 
 and holding of elections for the insuring of bonded in- 
 debtedness, and the law for holding of elections therefor. 
 
 Operation 
 
 Sec. 113. In the event the city should acquire one or 
 more public utilities, the operation of the same shall be 
 under the supeiwision of the city manager. 
 
 Property Rights of City Inalienable 
 
 Sec. 114. The rights of the city in and to its public 
 buildings, streets, highways, public parks and all other 
 public places owned or controlled, except as otherwise 
 provided in this charter, are hereby declared inalienable 
 and no franchise, permit or privilege granted shall be 
 construed as carr^-ing the right to cut. trim, break or de- 
 stroy any shade , ornamental or other tree on or in the 
 parking space of any street or public park. 
 
 Granting Franchise 
 
 Sec. 115. No franchise shall be granted by the council 
 unless as otherwise especially provided in this charter, but 
 
 32
 
 may be granted by the electors by ordinance passed by 
 referendum vote at any general election, or at a special 
 election, provided that no franchise shall be granted for a 
 longer term than twenty-five years, and no exclusive fran- 
 chise, permit or privilege shall be granted. 
 
 Public Utilities 
 
 Sec. 116. No person, firm or corporation shall ever 
 exercise any franchise, permit or privilege mentioned in 
 this article, except in so far as the holder thereof may be 
 entitled to do so by direct authority of the constitution of 
 California, or of the constitution or laws of the United 
 States, in, upon, over, under or along any street, highway 
 or other public property in the city, unless a grant there- 
 for shall have been obtained in accordance with the pro- 
 visions of this article. 
 
 Application for Franchise 
 
 Sec. 117. An applicant for a franchise, permit or privi- 
 lege, shall file with the council written application therefor 
 which must state the character and purpose of the fran- 
 chise, permit or privilege applied for; and if it be a street 
 railroad, the route to be traversed. Said application shall 
 be accompanied by a petition, signed bj' electors, equal 
 in number to at least twenty per centum of the votes cast 
 at the last preceding general election, asking that an ordi- 
 nance granting the franchise be submitted to the vote of 
 the electors of the city. 
 
 Advertisement 
 
 Sec. 118. The council, upon receipt of such application 
 and petition as provided in the foregoing section, shall 
 publish a notice of said application and petition in a daily 
 newspaper of general circulation in the city, as often as 
 said paper is published, for ten successive publications. 
 Said notice must refer to the petition and application in 
 fun, and state the time prior to which, ine place where 
 and the person to wnom, sealed bids for sucn franchise 
 may be delivered, and the time and place the same will 
 be opened and published, and that an ordinance will be 
 submitted to a vote of the electors of the city, awarding 
 the franchise, permit or privilege to the bidder offering to 
 pay to the city, during the life of the franchise, permit 
 or privilege, the highest percentage of the gross annual 
 receipts received from the use, operation or possession, of 
 the franchise, permit or privilege, provided that such per- 
 
 33
 
 percentage be not less than three per centum of the said 
 gross annual receipts for the entire life of the franchise, 
 permit or privilege. 
 
 Bidding for Franchise 
 
 Sec. 119. At the time of opening the sealed bids, any 
 responsible person, firm, or corporation may bid for such 
 franchise, permit or privilege not less than one-half of one 
 per cent, of the gross annual receipts for the entire term 
 of the franchise, above the highest sealed bid therefor, and 
 such bid so made may be raised not less than one-half 
 of one per cent, of the gross annual receipts for such 
 entire term by any other responsible bidder, and such bid- 
 ding shall continue until there are no further bids, then 
 the council shall submit, within not less than thirty days 
 and not more than one hundred twenty days thereafter, 
 to the electors an ordinance granting a franchise to the 
 liighest bidder in accordance with the application and pe- 
 tition. 
 
 Division of Receipts 
 
 Sec. 120. If the franchise, permit or privilege is for a 
 street railroad which shall extend beyond the limits of the 
 city of Bakersfield, then and in that case the percentage of 
 the gross receipts above specified shall be fixed by ordi- 
 nance. 
 
 Deposit As Guarantee of Good Faith 
 
 Sec. 121. Every applicant or bidder for franchise, per- 
 mit or privilege under this article, shall deposit $2,000.00 
 or a certified check therefor, payable to the city treasurer, 
 certified to by some responsible bank, in Kern county, as 
 a guarantee of the good faith of the applicant or bidder, 
 and as a fund out of which to pay all expenses connected 
 with such application and the granting of such franchise, 
 permit or privilege. All deposits made by unsuccessful 
 bidders shall be returned. Deposit of the successful bid- 
 der shall be retained, until the approval and filing of the 
 bond hereinafter provided for, whereupon the remainder 
 of such deposit, after the payment therefrom of all ex- 
 penses incurred by the city in connection with the adver- 
 tising and awarding of such franchise, permit or privilege, 
 including the expense of a special election, where such 
 special election was held for the purpose of granting the 
 said franchise, shall be returned. 
 
 Filing of Bonds 
 
 Sec. 122. The grantee of any franchise, permit or 
 privilege, shall file a bond running to the city, to be ap- 
 
 u
 
 proved by the council, in the penal sum prescribed by the 
 council, and set forth in the advertisements for bids, con- 
 ditioned that such bidder shall well and truly obsei've and 
 faithfully perform each and every term and condition of 
 such franchise, permit or privilege and that in case of 
 any breach of condition of such bond, the whole amount 
 of the penal sum therein named shall be taken and deemed 
 to be liquidated damages and shall be recoverable from the 
 principal and surety upon such bond; provided, however, 
 that the legislative body of the city shall have power to 
 waive action on the bond, and in lieu thereof, declare 
 the franchise forfeited. In case such bond be not so fded, 
 within thirty days after the result of the election awarding 
 the franchise has been othcially declared by the council, 
 the award of such franchise, permit or privilege shall be 
 set aside and any money deposited in connection with the 
 awarding of the franchise, permit or privilege shall be 
 forfeited. 
 
 Beginning and Completion of Work 
 
 Sec. 123. Construction work under any franchise, per- 
 mit or privilege granted, in accordance with the terms of 
 this article, shall be commenced in good faith, within not 
 more than four months from the date of the taking effect 
 of the ordinance, and if not so commenced within said 
 time, said franchise, permit or jjrivilege shall be forfeited. 
 Work under any franchise, permit or nrivilege so gnuited 
 shall be completed within the time fixed for such com- 
 pletion in the ordinance granting such franchise, permit 
 or privilege ,and if not so completed within said time, such 
 franchise, permit or privilege shall be forfeited; provided, 
 that if good cause be shown, the council may, bv resolu- 
 tion, extend the time for completion thereof; and provided, 
 further, that the limitations and provisions thereof, as to 
 the time within which work shall be completed shall not 
 apply to the extensions of service under franchises, per- 
 mits, or privileges, other than for railroads, street rail- 
 roads or interurban railroads. 
 
 Service and Accommodation 
 
 Sec. 124. The grant of every general munncipal fran- 
 chise, permit or privilege shall be subject to the right of 
 the city, whether or not reserved in such grant, to make 
 all regulations which shall be necessary to secure in the 
 most ample manner the safety, welfare and accommoda- 
 tion of the public, including the right to pass and enforce 
 ordinances for the extension of service and to protect the 
 public from danger or inconvenience in the operation of 
 any work or business authorized by the grant of the fran- 
 
 P.5
 
 cliisc, permit or privilei^e. anci the right to make and 
 enforce all such rei^ulations as shall be reasonably neces- 
 sary to secure adequate, sutficient and proper service and 
 accommodations for the people and insure their safety, 
 comfort and convenience. Nothing in this section shall 
 be construed as contlicting with section 109 of tliis charter. 
 All United States mail carriers, when in uniform, and all 
 policemen and mtinburs of the tire department, while in 
 actual discharge of their duties, shall be allowed to ride 
 in all cars of street railroads within the boundaries of the 
 city, without paying fare and with all rights of other pas- 
 sengers. 
 
 Lease or Assignment of Franchise 
 
 Sec. 125. The council shall not pass an ordinance per- 
 mitting the leasing or alienation of any franchise, so as 
 to relieve the franchise or property held thereunder, from 
 the liabilities by the lessor or grantor, lessee or grantee, 
 contracted or incurred in the operation, use or enjoyment 
 of such franchise or any of its privileges. 
 
 Street Pa\ing 
 
 Sec. 126. Every grant of any francliise, for a street or 
 other railway, shall be subject to the conditions that per- 
 son, firm or corporation exercising or enjoying the same 
 shall plank or r-eplank. pave or repave, macadamize, or 
 remacadamize the entire length of the street, highway or 
 other public place used by the track or tracks of such 
 railway, and two feet each side thereof, and between the 
 tracks, if there be more than one, and keep the same in 
 repair and flush with the surface of the street. Such street 
 work must be done with such materials and in such man- 
 ner as the council may by ordinance direct, at the same 
 time and as part of the same operation as the work on 
 the remainder in width of said street, highway or other 
 public place, to the satisfaction of the city manager. 
 
 Examination of Company's Books 
 
 Sec. 127. All ordinances granting francliise, permits, 
 or privileges under this article, shall provide that the 
 grantee, his successors or assigns, shall keep, in such man- 
 ner as the council may from time to time require, vouch- 
 ers, records, and books of accounts. The city shall have 
 the right, at all reasonable times, to examine all the books, 
 vouchers, records and other papers, of all holders exer- 
 cising or enjoying any franchise, permit or privilege under 
 this article. Refusal to keep said books, vouchers and 
 records, in the manner provided above, or to produce the 
 same at any reasonable time for examination, by the clerk, 
 
 36
 
 accountant, or other agents, appointed by the council, shall 
 work a forfeiture of the said franchise, permit or prvil- 
 lege. 
 
 Annual Report of Company 
 
 Sec. 128. Every holder, or operator, of any business 
 under a franchise, permit or privilege granted under this 
 article shall file annually with the city clerk, on such date 
 as shall be fixed by the council, a report for the preceding 
 year. Such report shall be in writing, verified by the atfi- 
 davit of such person or persons, or olficer of the corpora- 
 tion, as the council shall direct, and shall contain a state- 
 ment, in such form and details as shall from time to time 
 be prescribed by the council, of all the gross receipts 
 arising from all the business done under said franchise, 
 permit or privilege, within the city for the year imme- 
 diately preceding such report. Such report shall contain 
 such further information as may be required by the coun- 
 cil concerning the character and amount of business 
 done under said franchise, permit or privilege, and the 
 amount of receipts and expenses connected therewith, 
 and also an itemized account of the money expended 
 under said franchise, permit or privilege, for new con- 
 struction, repairs and betterments during the year. The 
 council shall have power to call for a special report, at 
 any time covering any specific period. 
 
 Books of Records and Reference 
 
 Sec. 129. The council shall provide and cause to be 
 kept in the office of the city clerk a franchise record, 
 indexed, and of proper form, in which shall be transcribed 
 accurate and correct copies of all franchises, permits, or 
 privileges granted by the city, the names of the grantees, 
 and thereafter the name of any assignee or lessee thereof. 
 
 Payment of Gross Receipt 
 
 Sec. 130. The stipulated percentage of gross receipts 
 provided in this charter to be paid for the use and enjoy- 
 ment of any franchise, permit or privilege as set forth in 
 the ordinance granting such franchise, permit or privilege, 
 shall be paid annually by the holders thereof, at the time 
 of filing the annual report provided for in this charter. 
 Failure to pay such percentage shall work a forfeiture of 
 the franchise. 
 
 Franchise for Railroads Other Than Street Railroads 
 
 Sec. 131. Franchises, permits or privileges may be 
 granted by the council, for the construction, maintenance 
 and operation of railroads other than street railroads, 
 
 37
 
 along, upon, over, in, under or across any street or streets, 
 or other public places in the city, upon petition therefor 
 provided for street railroads, but no action shall be taken 
 upon any such application or petition, until 30 days after 
 the same has been filed. If within that time a petition is 
 filed and signed by the electors of the city, equal in num- 
 ber to ten per centum, or more, of the total votes cast at 
 the last general election, praying that the granting of said 
 franchise be referred to a vote of the electors of the city, 
 said application shall be so referred under same provi- 
 sions governing the granting of franchise for street rail- 
 roads. 
 
 Franchises for Siding and Spurs 
 
 Sec. 132. Franchises for temporary spurs or side 
 tracks may be granted for not more than one year by the 
 council upon the same notice as provided in the foregoing 
 section, and may be revoked when the purpose for which 
 granted shall cease. 
 
 Ice a Public Utility 
 
 Sec. 133. Ice being a necessity in the city of Bakers- 
 field, the manufacture, sale and distribution thereof is 
 hereby declared to be a public utility, and the city shall 
 have and is hereby given the power to purchase or manu- 
 facture, and sell and distribute ice the same as any other 
 public utility. 
 
 ARTICLE X 
 
 PUBLIC WORK AND SUPPLIES 
 
 Form of Contracts 
 
 Sec. 134. All contracts shall be drawn under the super- 
 vision of the city attorney. All contracts must be in writ- 
 ing, executed in the name of the city of Bakcrsfield, by 
 an officer or officers authorized to sign the same, and 
 must be countersigned by the auditor, who shall number 
 and register the same in a book kept for that i)urpose. 
 
 Progressive Payments of Contracts 
 
 Sec. 135. Any contract may provide for progressive 
 payments if in the ordinance authorizing or ordering the 
 work permission is given for such payment. But no pro- 
 gressive payments can be provided for or made at any 
 time which, with prior payments, if there have been such, 
 shall exceed in amount at 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 
 
 38
 
 or permit the payment of more than seventy-five per cent, 
 of the contract price before tlie completion and acceptance 
 of the work. 
 
 Public Work to Be Done By Contract 
 
 Sec. 136. In the erection, improvement and repair of 
 all public buildings and works, and in furnishing any 
 supplies and materials for the same, or for any other use 
 by the city, when the expenditure required for the same- 
 exceeds the sum of five hundred dollars, the same shall be 
 done by contract, and shall be let to the lowest responsi- 
 ble bidder, after advertising for sealed proposals for the 
 work contemplated for five consecutive days in the official 
 newspaper. Such notice shall state the proposed work to 
 be done as provided by the council; provided, however, 
 the council may reject any and all bids, if deemed exces- 
 sive, and readvertise for bids, or provide for the work to 
 be done under the direction of the city manager. In case 
 no bid is received, the council may likewise provide for 
 the work to be done under the direction of the city 
 manager. 
 
 Contracts for Official Advertising 
 
 Sec. 137. The council shall let annually contracts for 
 the official advertising for the ensuing fiscal year. For 
 this purpose the council shall advertise five consecutive 
 days, setting forth distinctly and specifically the work con- 
 templated to be done, and asking for scaled bids therefor. 
 The proposals shall specify the type and spacing to be 
 used at the rate or rates named in the bids. The council 
 shall let the contracts for such official advertising to the 
 lowest responsible bidder, publishing a daily newspaper 
 in the city which is qualified under the laws of the State 
 of California for the publication of official advertising, 
 provided that the council may reject any or all bids if 
 found excessive, and advertise for new bids. 
 
 Official Newspaper 
 
 Sec. 138. The newspaper to which the award of such 
 advertising is made shall be knowm and designated as the 
 "official newspaper." 
 
 Contracts for Lighting 
 
 Sec. 139. No contract for lighting streets, public build- 
 ings, places or offices shall be made for a longer period 
 than one year, nor shall any contract to pay for electric 
 
 39
 
 light or any illumination material at a higher late than 
 the minimum price charged to any other consumer be 
 valid. 
 
 Collusion With Bidder 
 
 Sec. 140. Any officer of the city, or of any department 
 thereof, who shall aid or assist a bidder in securing a con- 
 tract to furnish labor, material or supplies at a higher 
 price than that proposed by any other bidder or who shall 
 favor one bidder over another by giving or withholding 
 information or who shall wilfully mislead any bidder in 
 regard to the character of the material or supplies called 
 for, or who shall knowingly accept materials or supplies 
 of a quality inferior to those called for by the contract, or 
 who shall knowingly certify to a greater amount of labor 
 performed than has actually been performed, or to the 
 receipt of a greater amount or different kind of material 
 or supplies than has been actually received, shall be 
 deemed guilty of malfeasance and shall be removed from 
 office. 
 
 Collusion by Bidder 
 
 Sec. 141. If the person to whom a contract has been 
 awarded has colluded with any other party or parties for 
 the purpose of preventing any other bid being made, the 
 contract so awarded shall be void. 
 
 Hours and Minimum Wages 
 
 Sec. 142. The time of service of any laborer, workman 
 or mechanic employed upon any of the public works of 
 the city, or upon work done for said city, is hereby limited 
 and restricted to eight hours during any one calendar 
 day ;and it shall be unlawful for any officer, or agent of 
 said city, or for any contractor or subcontractor doing 
 work under contract upon any public work aforesaid, who 
 employs, or who directs or controls, the work of any la- 
 borer, workman or mechanic employed as herein afore- 
 said, to require or permit such laborer, workman, or me- 
 chanic to labor more than eight hours during any one 
 calendar day, except in cases of extraordinary emergency, 
 caused by fire, flood, or danger to life or property, or ex- 
 cept to work upon any public, military or naval defenses 
 or works in time of war. Tlie minimum wage of any 
 laborer, workman or mechanic, employed upon any public 
 work, whether so employed directly by the city and its 
 
 40
 
 otliceis, or by contractor or subcontractor, or by any other 
 person or persons, shall be three dollars for any one calen- 
 dar day. 
 
 Penalty for Violation 
 
 Sec. 143. Any otficer or agent of the city of Bakers- 
 field, making or awarding, as such officer or agent, anj^ 
 contract, the execution of which involves or may involve 
 the employment of any laborer, workman, or mechanic 
 upon any of the public works, or upon work done for the 
 city, shall cause to be inserted therein a stipulation which 
 shall provide that the contractor to whom said contract 
 is awarded, shall forfeit as a penalty, to the city, ten 
 dollars, for each laborer, workman, or mechanic employed, 
 in the execution of said contract, by him, or by any sub- 
 contractor under him, upon any of the public works, or 
 upon any work done for the city, for each calendar day 
 during which such laborer, workman, or mechanic is re- 
 quired or permitted to labor more than eight hours, or for 
 less than the minimum wage of three dollars in violation 
 of the provisions of this charter; and it shall be the duty 
 of such officer or agent to take cognizance of all violations 
 of the provisions of this charter committed in the course 
 of the execution of said contract, and to report the same 
 to the representative of the city, party to the contract, 
 authorized to pay said contractor moneys becoming due 
 to him under said contract, and said representative, when 
 making payments of moneys thus due, shall retain and 
 withhold therefrom all sums and amounts which shall 
 have been forfeited pursuant to the herein said stipulation. 
 Any officer, agent or representative of the city, who shall 
 violate any of the provisions of this section, shall be 
 deemed guilty of misdemeanor, and shall, upon convic- 
 tion, be punished by a fine not exceeding five hundred 
 dollars, or bv imi)risonment. not exceeding six months, or 
 by both. 
 
 Employment of Citizens of Bakersfield 
 
 Sec. 144. When laborers, ^^'orkmen or mechanics, are 
 employed upon any public work, whether so employed 
 directly by the city and its officers, or by contractor or 
 subcontractor, or by any other person or presons, such 
 laborers, workmen or mechanics whenever possible must 
 be ([ualified electors of the city, and married men must 
 be given |)reference over unmarried men. 
 
 ARTICLE XI. 
 
 PUBLIC SCHOOLS 
 
 Membership 
 
 Sec. 145. The board of education shall consist of five 
 members, elected at the general election on a general ticket 
 
 41
 
 from the city at large, arrangements shall be made so 
 that voters iTsiding within the limits of the Bakersfield 
 school district and without the limits of the city of Bakers- 
 field may vote for such school directors at such election. 
 
 Eligibility 
 
 Sec. 146. Members of the board of education and can- 
 didates therefor must be electors of the city of Bakersfield 
 for three years next preceding nomination. 
 
 Term of Office 
 
 Sec. 147. Members of the board of education shall hold 
 office for a term of four years from and after the first 
 day of May after their election and until their successors 
 are elected or appointed and qualified, unless sooner re- 
 moved bj' recall or otherwise; provided, that the members 
 of the board of education first elected under this charter 
 shall, at their first meeting, so classify themselves by lot, 
 that two shall serve for two years and three for four 
 years. 
 
 The Board of Education 
 
 Sec. 148. The boar-d of education shall have control 
 and management of the public schools in the Bakersfield 
 school district in accordance wath the constitution and 
 general laws of the state, and is hereby vested with all the 
 powers and charged with all the duties provided by this 
 charter and by the general laws of the state for city 
 boards of education. 
 
 President of the Board 
 
 Sec. 149. The board of education shall annually elect 
 one of its own members to be piTsident of the board. lie 
 may be removed by the afiirmative vote of four members. 
 
 Meetings 
 
 Sec. 150. The board of education sliall meet at such 
 times as may be designated by resolution of said board 
 and in the place provided therefor by the council. Tlie 
 board shall provide the manner in which special meetings 
 shall be called. 
 
 Quorum 
 
 Sec. 151. Three members of tlie board shall constitute 
 a quorum and the afiirmative votes of three members shall 
 be necessary to pass any measure, but a less number tlian 
 
 42
 
 three may adjourn from time to time and compel tin ai- 
 tendance of absent members in such manner as the board 
 may prescribe. 
 
 Rules of Proceedings 
 
 Sec. 152. The board of^ education may determine the 
 rules of its proceedings. 
 
 Meetings to Be Public 
 
 Sec. 153. All meetings of the board of education shall 
 be public. 
 
 Annual Estimate of Expenses 
 
 Sec. 154. The board of education shall annually, on 
 such date as shall be fixed by the council, submit in writ- 
 ing to the council a careful estimate of the whole amount 
 of money to be received from the state and county for the 
 support of the public schools in the city, together with a 
 careful estimate of the amounts, specifying in detail the 
 objects thereof, required from the city for the adequate 
 support of the public schools for the ensuing year. Ihc 
 amount estimated to be required from the city, shall, sub- 
 ject to the provisions of this charter, be assessed and col- 
 lected in the annual tax levy. 
 
 Record to be Kept 
 
 Sec. 155. The board of education shall keep a com- 
 plete record of its proceedings and the same shall be open 
 to the inspection of the public. 
 
 Vacancies 
 
 Sec. 156. Vacancies occurring in the board of educa- 
 tion shall be fdled by the board of education, provided that 
 in case such vacancy or vacancies are not filled within 
 thirty days after date of occurrence, the council shall illl 
 such vacancy or vacancies. 
 
 Exofficio Library Board 
 
 Sec. 157. The members of the board of education shall 
 be exollicio members of, and shall constitute, the library 
 trustees, and shall have the powers and duties prescribed 
 by the council, unless herein otherwise given. 
 
 ARTICLE XII. 
 
 MISCELLANEOUS 
 
 Continuation of Officers 
 
 Sec. 158. The board of trustees of the city of Bakers- 
 field, under the present municipal government thereof, 
 
 43
 
 shall be and is hereby continued as such i»overning body, 
 until the election and qualification of members of the 
 council, under this charter. Xo otlicer, commissioner, head 
 of department, clerk or employee, appointed before the 
 members of the council elected at the first election have 
 qualified, shall hold office, except at the pleasure of the 
 council so elected. 
 
 Validity of Proceedings 
 
 Sec. 159. All ordinances of the city, in force at the 
 time this charter becomes effective, shall be and remain as 
 valid ordinances of the city of Bakersfield, until amended 
 or repealed. 
 
 Sec. 160. All proceedings, all contracts, all indebted- 
 ness and obligations of the city, existing at the time this 
 charter takes effect, including the expense of compiling 
 this charter and the election thereof, shall be in no way 
 affected by the adoption of this charter or by the munici- 
 pal government established thereunder; all official signa- 
 tures and seals and all ministerial or executive acts of the 
 proper officers of the city, prior to the taking effect of this 
 charter, shall be valid; and all certificates, acceptances and 
 approvals or receipts of any ofiicer under the preceding 
 government, relating to or for anything prior to the taking 
 effect of this charter, shall be valid. 
 
 Sec. 161. \Yhenever any municipal function or affair 
 arises, for which no provision is made by this charter or 
 ordinances, the law of the state applicable thereto shall 
 govern. Any law of the state applicable may be made the 
 law of the city by ordinance. 
 
 Sec. 162. The rules of construction and interpretation 
 and the definition of words and plirases provided by the 
 Political Code of the State of California, the Civil Code of 
 the State of California, the Code of Civil Procedure of 
 California and tlie Penal Code of California, shall be and 
 are hereby made the rules of construction and interpreta- 
 tion and the (kfinitions for this charter, except where 
 otherwise provided herein. 
 
 Sec. 163. llie following words have, in this charter, 
 the signification attached to them in this connection, un- 
 less otherwise apparent from the context: 
 
 The word "elector" shall mean electors imder the elec- 
 tion law of California, and whose names arc in the cur- 
 
 44
 
 rent great register of the county of Kern, and who are en- 
 titled to vote in the precinct or ward where they reside. 
 
 "Council" shall mean the council of the city of Bakers- 
 iield, as the governing body thereof. 
 
 "City" shall mean the city of Bakersfield. 
 
 Sec. 164. Papers and petitions addressed to the coun- 
 cil shall be deemed presented when filed with the clerk. 
 
 In witness whereof, We have hereunto set our hands at 
 the city of Bakersfield, county of Kern, State of California, 
 this thirty-first day of August, 1914. 
 
 S. F. SMITH 
 LOUIS V. OLCESE 
 C. L. TAYLOR 
 JOSEPH REDLICK 
 GUS SCHAMBLIN 
 E. A. WHEELER 
 H. E. METZNER 
 W. G. HUDLOW 
 E. B. DUNCAN 
 A. G. LITTLE 
 RAY STEVENSON 
 W. A. STARR 
 J. B. CRANDALL 
 ELBERT E. McCLURE 
 GEO. HAY 
 
 (Endorsed) : Filed Sept. 3, 1914. 
 
 A. G. JONES, City Clerk. 
 
 STATE OF CALIFORNIA, \ 
 
 County of Kern, [ ss. 
 
 City of Bakersfield. | 
 
 I, W. V. Matlack, president of the board of trustees of 
 the city of Bakersfield, State of California, do hereby cer- 
 tify that I now am, and at all the times herein mentioned 
 was, the duly elected, qualified and acting president of the 
 board of trustees of said city; that S. F. Smith, Louis V. 
 Olcesc, C. L. Taylor, Joseph Redlick, Gus Schamblin, E. A. 
 Wheeler, H. E. Metzner. W. G. Hudlow, E. B. Duncan, 
 A. G. Little, Ray Stevenson, W. A. Starr, J. B. Crandall 
 Elbert E. McClure and Geo. Hay, a majority of whose 
 names appear signed to the foregoing proposed charter 
 were, and each of them was on the 5th day of May, 1914, 
 at a special election held in said city of Bakersfield on said 
 
 45
 
 day duly elected by the (lualitied voters of the said city as 
 a hoard of freeholders to prepare and propose a charter 
 for said city of Bakersfield; tliat each of said persons so 
 elected was a freeholder and was at the time of said elec- 
 tion and had been continuously for more than five years 
 immediately prior thereto a qualified elector of said city 
 of Bakersfield; that the foregoing is a full, true and cor- 
 rect copy of said charter prepared by said board of free- 
 holders, and filed in the otfice of the city clerk of said 
 city of Bakersfield on the 3rd day of September, 1914, 
 and witliin 120 days after the result of said election was 
 declared by the said board of trustees as required by the 
 said board of trustees as required by section 8 of article 
 XI of the constitution of this state; that said proposed 
 charter was then published in the Bakersfield Californian, 
 which at all times herein mentioned was. and now is a 
 daily newspaper of general circulation, printed, published 
 and circulated in said city of Bakcrefield; that said ro- 
 posed charter was published ten times in said newspa])er 
 on the following days of publication, to-wit: September 17. 
 18, 19, 21, 22, 23, 24, 25, 26 and 28, 1914; that the first 
 publication thereof was made on the 17th day of Septem- 
 ber, 1914, and within fifteen days after the filing of a 
 copy of said charter as aforesaid in the ofiice of the city 
 clerk of said city of Bakersfield; that, as required by sec- 
 tion 8 article XI of said constitution, a special election 
 was held in said city not less than twenty days, nor more 
 than forty days after the completion of the publication 
 of said charter, to-wit: on the 7th day of November, 1914, 
 for the purpose of ratifying said proposed charter as a 
 whole; that by a majority of the votes of the qualified 
 electors voting at said election said proposed charter was 
 ratified as a whole. That the returns of said election were 
 duly canvassed by the board of trustees of said city of 
 Bakersfield on the 11th day of November, 1914, and the 
 result thereof declared as above set forth; and that in all 
 matters and things pertaining to said proposed charter 
 all provisions of said section of the constitution and the 
 laws of the State of California ])ertaining to the adoption 
 of said charter have been fully complied witli in every 
 particular. 
 
 In witness whereof, 1 have hereunto set my hand and 
 caused the coq)orate seal of the city of Bakersfield to be 
 affixed this 2nd day of January, 1915. 
 
 W. V. MATLACK, 
 
 President of the Board of Trustees 
 of the City of Bakersfield. 
 Attest: A. G. Jones. 
 Seal] City Clerk of the City of Bakersfield. 
 
 46
 
 And Whereas, The said charter of the city of Bakers- 
 field so ratified is now submitted to the legislature of the 
 State of California, for approval or rejection without 
 power of alteration or amendment in accordance with 
 section eight of article eleven of the constitution of the 
 State of California. Now, therefore, be it 
 
 Resolved by the assembly of the State of California, 
 the senate theerof concurring (a majority of all members 
 elected to each house voting for the adoption of this reso- 
 lution and concurring therein). That the said charter of 
 the said city of Bakcrsfield hereinbefore set forth as pre- 
 sented and submitted to and adopted and ratified by the 
 qualified electors of the said city of Bakersfield be, and 
 the same is, hereby appr-oved as a whole for and as the 
 charter of the said city of Bakersfield. 
 
 47
 
 / 
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 LIBRARY 
 PUBLIC AFFAIRS SERVICE 
 
 APR 171980 
 
 UNIYEHSiTY OF CALIJ-ORNIA 
 LOS ANGELES