/9/0 o GIFT OF j - CHARTER Prepared and Proposed for The City of Modesto By the Board of Free- holders Elected on the Eleventh Day of April, A. D. 1910. : : : : ^^ssm mmaBm .. ■ ;•;:• ■. • '/,;-; •'■. in 2007 with funding from MicroRnft Cnrnoration ^liitsieisligiSliitliJimm ARTICLE I— NAME AND RIGHTS OF THE CITY. ARTICLE 11— BOUNDARIES. ARTICLE III— POWERS OF THE CITY. ARTICLE IV— ELECTIONS. ARTICLE V— ELECTIVE OFFICERS. ARTICLE VI— THE MAYOR. ARTICLE VII— THE COUNCIL. ARTICLE ^ITI— EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS. ARTICLE IX— FINANCE AND TAXATION. ARTICLE X— PUBLIC WORK AND SUPPLIES. ARTICLE XI— FRANCHISES. ARTICLE XII— THE RECALL. ARTICLE XIII— THE INITIATIVE. ^ ARTICLE XIV— THE REFERENDUM. ARTICLE XV— POLICE COURT. ARTICLE XVI— EDUCATIONAL DEPARTMENT. ARTICLE XVII — AMENDMENTS. ARTICLE XVIII— MISCELLANEOUS. ARTICLE I. NAME AND RIGHTS OF THE CITY. Name of the City. Section 1. The municipal corporation now existing and known as the City of Modesto shall remain and continue a body politic and corporate in name and in fact, by the name of the City of Modesto. Rights anil Liabilities. Section 2. The City of Modesto shall remain vested with, and continue to have, hold, and enjoy, all property, rights of property and rights of action of every nature and description now pertaining to this municipality, and is hereby declared to be the successor of the same. It shall be subject to all the liabilities that now exist against this municipality. All ordinances of said City, not in conflict with this Charter, shall be continued in force until amended or repealed; and all proceedings providing for any public improve- ment pending and uncompleted shall be continued in accordance with the law under "vVhich such proceedings were commenced. ARTICLE II. Boundarie.s. Section 3. The boundaries of the City of Modesto shall be the same as now constituted and more particularly described as follows: Beginning at the corner, common to Sections 31, 32, 5 and 6, Townships 3 and 4 South, Range nine (9) East, Mount Diablo Base and Meridian in the County of Stanislaus, State of California; thence North along the Section line between Sections 31 and 32, 29 and 30 to the quarter quarter corner between the Northeast quarter of Section 30 and the Northwest quarter of Secti'on 29, Township three (3) South, Range nine (9) East, Mount Diablo Base and Meridian; thence East along the quarter quarter line through the center of the North half of Sections 29 and 28 to the mid-quarter quarter corner of the Northeast quarter of Section 28 in Township three (3) South, Range nine (9) East, Mount Diablo Base and Meridian; thence South on the quarter quarter line to the center of the channel of Dry Creek; thence meandering down stream along the center line of the channel of Dry Creek to a point where the said center line of Dry Creek intersects the center line of the channel of the Tuolumne river; thence meandering down stream along the said center line of the Tuolumne river to a point where said center line intersects the Township line between Townships 3 and 4 South, Range nine (9) East, Mount Diablo Base and Meridian; thence along said Township line to the corner common to Sections 31, 32, 5 and 6, Townships 3 and 4 South, Range nine (9) East, Mount Diablo Base and Meridian, being the point of beginning, all lying and being in the County of Stanislaus, State of California. The boundaries above described may be altered and the territory embraced therein may be added to .or diminished in accordance with the laws of the ^9303 r^ summary abatement of any nuisance at the expense of the persons creating, causing, committing or maintaining such nuisance. Re^vards. (26) To offer rewards not exceeding two hundred and fifty dollars in any one instance for the apprehension and conviction of any person who may have committed a felony in the Cit3^ and to authorize the payment thereof. Elni^incM and Boilers. (27) To regulate the use of steam engines, gas engin-es, steam boilers, electric motors, motor cycles, automobiles, and flying devices, and to prohibit their use in such localities as in the judgment of the Council would endanger public safety. Fire IJmit.s. (28) To prescribe^ fire limits and determine the character and height of buildings that may 'be erected therein ani the nature of the materials to be used in the construction, alteration or repair of such buildings or in the repair or alteration of existing tjuildings within such fire limits. Builditi)^ Rei^ulatioiiH. (29) To regulate the construction and the location of, and the materials used in all buildings, chimneys, stacks and other structures; to prevent the erection and maintenance of insecure or unsafe buildings, walls, chimneys, stacks or other structvires. anvl to provide for their summary abatement or destruction; to regulate the materials used in. and the method of construction of foundations and foundation walls, the materials, manner of construction and location of drains and sewers, the matr-rials used in wiring buikling.s or other structures for the use of electricity for lighting, power, heat or other purposes, and materials used for piping buildings or other structures for the purpose of supplying the same with water or gas, and the manner of so doing; to prohibit the construction of buildings and structures which do not contorm to such regulations. Fire F«i'ape.«*. (30) To require the owners and lessees of buildings or other structures to place upon them or in them fire escapes and appliances for protection against fire and for the extinguishment of fires. Preeaiitions Against Fires. (31) To prevent the construction and to cause the removal of dangerous chimneys, fireplaces, hearths, stoves, stove pipes, ovens, boilers, apparatus and machinery used in any building in the City; to regulate or prohibit the carrying on of manufactories liable to cause fire; to prevent the deposit- I'ng of ashes, the accumulation of shavings, rubbish, or any combustible ma- terial in unsafe places, and to make provisions to guard against fires. Provision.s for iSafety in Tlieatres. Hails. Eto. (32) To regulate the size and construction of the entrances to and exits irom all theatres, lecture rooms, halls, schools, churches and other places for public gathering of every kind and to prevent the placing of seats, chairs, benches or other obstructions in the hallways, aisles, or open places therein. Provisions for Safety in Streets. (33) To regulate the speed of railroad trains, engines, and cars passing through the City and the speed of cars of street or interurban railwav com- panies using the public streets of the City, to require railroad com- panies to station flagmen, place gates, or viaducts at all such street crossings as the Council may deem proper, to require street cars and local trains to be provided with fenders or other appliances for the better protection of the public; to prohibit the making up of railroad trains on any of the streets, street crossings or street intersections of the City; to regulate the speed with which persons may ride or drive or propel bicycles, motor cycles, automobiles, or other vehicles along or upon any of the streets or highways of the City. Improper Use of Streets. (34) To regulate or prohibit the exhibition or carrying o^ banners, pla- cards, or advertisements, and the distribution of handbills in the streets, public grounds or upon the sidewalks; to regulate and prevent the flving of banners, flags or signs across the streets or from houses; to regulate or pro- hibit traffic and sales in the streets and public places: to prevent encroach- ments |upon or obstructions to the streets, and to require their removal. Weeds and Rubbish on Sidewalks. (35) To compel the owner or occupant of buildings or grounds to remove dirt, rubbish and weeds therefrom and from the alley and sidewalk thereof and in his default to authorize the removal or destruction thereof by some officer of the City at the expense of such owner or occupant, and to make such expense a. lien upon such buildings or grounds. Billboards and Signs. (36) To .-egulate, license or prohibit the construction and use of bill- boards and signs. Doss. (37) To regulate and prevent the running at large of dogs, to provide for the killing of vicious dogs, and to require the payment of license fees by thfe owners or persons having possession of dogs, and to Impose pniraities upon such persons for refusing to pay such license fees. Pnbtic Pound. (38) To prevent or regulate the running at large of any animals, and to establish and maintain a pound and authorize the destruction or other disposition of any animals running at large. Preservation of Health. (39) To make all regulations which may be necessary and expedient: for the preservation of health and the suppression of disease; to make regulations to pre\ent the introduction of oonta;gious, malignant, infectious or other dis- eases into the City; to make quarantine laws and regulations; to regulate, control anl prevent the entry into the City of persons, baggage, merchandise or other property infected with contagious disease. IJan«er«us and Offensive Oceupatlons; Disagreeable Noises. (40) To regulate or prohibit the operation of all maniifactories, occupa- < ions or trades wliich jnay be of such a natuie as to affect the public health or good order of the City or disturb tlie public peace, or which may be offen- sive or dangerous to the inhabitants residing in the vicinity, and to provide for the punishment of all persons violating such regulations and the punish- ment of all persons who may permit the same to be violated in any build- ing or upon any premises owned or controlled by them; to make regulations for the suppression of disagreeable, offensive and injurious noises. Inspection of Food Products. (41) To provide for and regulate the inspection by the Health Officer of meats, poultry, fish, game, bread, butter, cheese, lard, eggs, vegetables: breadstuffs, milk and other food products offered for sale in the City, and to provide for the taking and summarily destroying of any such products as are unsound, spoiled, adultei-ated, or unwholesome, and to regulate and prevent the bringing into the City or having or keeping within the City any such un.sound, spoiled, adulterated or unwholesome products. Dairies. '<:'.) To provide for the regulation and Inspection of all dairies, slaughter iiuu.ses and creameries that offer for sale or sell any of their products in the City. Lodging', Tenement and Apartment Houses. (43) To regulate lodging, tenement and apartment houses and to pre- \ent the overcrowding of tlie same and to require that they be put and kept in proper sanitary condition. Server Connection. (44) To regulate the construction, repair, and use of sewers, sinks, gut- ters, wells^, cesspools, and vaults, and to compel the connecting, cleaning, or emptying of the same, and to designate the time and manner in which the work shall be done. Garbaiice. (45) To provide for the treatment of and the collection and disposal of garbage, ashes, animal and vegetable refuse, dead animals, offal, rubbish and waste matter. Licensing Business. (46) To license for purjposes of regulation and revenue all and every kind of business not prohibited by law to be transacted or carried on in the City, and all shows, exhibitions and lawful games carried on therein; to fix the rates of licenses upon the same, and to provide for the collection thereof ^'V suit or otherwise. Weiislits and Measures. (47) To provide for the inspection and sealing of all weights and meas- M-es used in the City, and to enforce the keeping and use by dealers of • roper weights and measures duly tested and sealed. Taxation. (48) To levy and collect taxes upon all the real and personal property within the City, subject to the limitations elsewhere in this Charter provided. Erroneously Collected Taxes. (49) To order the repaying by the treasurer of any taxes, percentages or costs erroneously or illegally collected. Pees. ■ (50) To fix the fees and charges for all official services not otherwise provided for in this Charter. Purchase of Property Untler Execution. (51) To provide for the purchase of property levied upon or under exe- cution in favor of the City, but the amount bid on sucli purchase shall not pvoeed the amount of judgment and costs. Sale of Useless* Personal Property. (52) To provide for the sale at public auction, after advertising for five days, of personal property unfit or unnecessary for the use of the City. Street Grades. (53) To establish or change the grade of any street or piublic place. LiiK'ht and Water. (54) To provide for the lighting of the streets, highways, public places, and public buildings and for supplying the City with water for municipal purposes. Boulevards. (5o') To set apart as a boulevard or boulevards any street or streets over which there is no existing franchise for any railroad and to regulate and pre- vent heavy teaming thereon; and wlien any such street shall have been set aside as a boulevard, no franchise for a railroad, interurban railway or street railway of any kind shall ever be granted upon such boulevard and no rail- road track of any kind shall ever be laid thereon, unless an ordinance to that effect shall have been duly passed by popular vote, as provided in Section 89 or Section 90 of this Charter. Closed or Abandoned Streets. (56) Whenever any street or portion of a street shall be abandoned or closed by ordinance, to convey by deed such street or portion of street so abandoned or closed, to the owners of the land adjacent thereto in such wise as the Council shall deem that eq\iity requires. ^ Res:u!ation of Public Utility Rate.s. (57) To fix and determine by ordinance in the month of February of each year, to take effect on the first day of July thereafter, the rates or com- pensation to be collected by any person, firm or corporation in the City for the use of water, heat, light, power or telephonic service, supplied to the City or the inhabitants thereof, and to prescribe the quality of the service. Regulation of Street Railroads. (58) To regulate stieet railroads, their tracks and cars, to compel the owners of two or more such street railroads using the same street to use tlie same tracks and to equitably divide the cost of construction and the cost of maintenance thereof between them. F5T spur or side tracks and running cars thereon, for the purpose of connecting warehouses, manufactories, or other business industries and enterprises with any line of railroads which do now or may hereafter enter the City, subject to such regulations and conditions as may be prescribed from time to time by the Council, such tracks not to be used as a main line or a part thereof; and also for the purpose of excavating and fill- ing in a street or portion of a street or the adjoining land, and for such limited time as may be necessary for such purpose and no longer. Such tracks must be laid level with the street and must be operated under such restriction as not to interfere with the use of the streets by the public. Ail permits granted under the provisions hereof shall be revocable at the pleasurt of the Council. Regulation of Poles and Wires. (61) To cause the removal and placing under ground of all telephone, telegraph, electric light or other wires within the City, or within any desig- nated portion thereof, and to regulate or prohibit the placing of poles and suspending of wires along or across any of the streets, highways and public places in the City. Si%e and I^oeation of Pipes. (62) To regulate the size and location of all water pipes, gas pipes, and all other pipes and conduits laid or constructel in the streets and public places, and to require the filing of charts and maps of such pipes and conduits. Gleet ions. (68) To make all rules and regulations governing elections not iiH-on- Blstent with this Charter. Civil Service Coiuinission. (64) To establish a Bureau of Civil Service and to appoint a Commis- sion, to serve without compensation, to administer the same under rules and regulations to be made by the Council. Such Commission shall, among other things, provide for the classification of all employments in the administra- tive service of the City not excepted by the provisions of this Charter, by the Council or by the people, for open, competitive and free examinations as to fitness, for an eligible list from which vacancies shall be filled, for a— period of probation, before employment is made permanent, and for promotion on the basis of merit, experience and record. Park ConiiuiMslon. (6r.) To establish a Park Commission and to appoint Commissionera tliereon, to serve without compensation, with such powers and duties as may be fixed by the Council. National ludepeudenoe. (66) To allow not to exceed five hundred dollars in any one year for the celebration of the Anniversary of our National Independence. ]>Iiisic and Promotion. (u7) To expend such sum as the Council shall deem proper, not to ex- ceed live per ctnturn of the property tax levy in one fiscal year for music and promotion. General Grant of Po^ver. (68) To exercise such other powers as are now or may be hereafter gi-anted by the Icgislatuie to the municipalities within the State, unless the exercise of such powers is contrary to the provisions of this Charter; to exercise all other needful powers for tlie efficient administration of the muni- cipal go\ernmeni. whether such powers are herein expressly enumerated or not; and to enact appropriate legislation a,nd do and perform any and all other acts and things v/hich may be necessary and proper to carry out the general powers of the City or of any^ of the provisions of this Charter, Liberal Construction. (69) I^astly, this grant of power is to be liberally construed for the purpose of securing the well being of the municipality anc its inhabitants. Gemei'al La%vs Followed. (70) In the absence of any procedure for carrying out or effectuating ;iny granted or implied power or authority, the general law of this State where applicable and where not inconsistent with any express provision of this Charter shall prevail and shall be followed. Diret't Lesi.slation by People. (71) The qualified voters of tlie City shall have power through the initia- Li\e and otherwise, "as provided by this Charter and the general laws of the .stale, to enact apjJropriate legislation to carry out and enforce any of the general or implied powers of the City. ARTICI.K IV. Kleetions. , .Sect!!)ii .". A !nui!icipal e'eetion sliull he held in t!ie City on tiie first Tues- day in June in the year 1911. and on the second Tuesday in April in 1913, un;i on the secojid Tuesday irj April in every second year thereafter, and shall i)e known as the general mu'iicipal election. A second election shall be held when necessary, as provid-^-l in subdivisioi> 20 of section 6 on the secona Tuesday after said genera' municipal election, and shall be known as the second general municipal election. All other municipal eh-^ctions that may be held by authority of this Charter oj- of general law shall be known as special municipal elections. Nomination and lilleetion of City Officers. Section G. The mode of nojnination and election of all elective officers of the City to be voted foi- at any municipal election shall be as follows and not otherwise: • Condition of Candidacy. (1) The name of a candidate shall be printed upon the ballot when a petition of nomination shall have been filed in his behalf in the manner and form and under tlie conditions hereinafter set forth. Form of Nomination Petition, (2) The petition of nomination shall read substantially as follows; and shall contain the name of one candidate and no more; and shall be signed by at least twenty-five qualified and registered electors of the City: PETITION OF NOMINATION. .State of Califf^rnia, County of Stanislaus, City of Modesto. Prect. 1, the undersigned, certify that I do hereby join, in a petition for the nomination of whose residence is at No. Street, Modesto, or (if candidate for office of member of Board of Education) Modesto City School District, for the office of '. 8 to be voted for at the municipal election to be held in the City of Modesto on the day of 19 and I further certify that I am a qualified elector and am net at this time o signer of any other petition nominating any other candidate for the above named office, or, in case there are several places to be filled in the abovn "amed office, that I have not signed more petitions than there are places to be filled in the above named office; that my residence and occupation is as place»l opposite my name. Name. Address. Occupation. ForniH to Be Supplied by the City Clerk. (3) It shall be the duty of the City Clerk to furnish upon application a reasonable number of forms of the above character of uniform size. ReisuiroiiieutK of CerdfVeate. (4) Tlie signatures to the petition need not all be appended to one paper, but said petition may be presented ip sections. The number of signa tures to each section shall be at the pleasure of the person soliciting signatures to the same. Any qualified voter or taxpayer of the City shall be competent to solicit said signatures. Each section shall have attached thereto the affi- davit of the person soliciting signatures to the same, stating that all the sig- natures to the attached section were made in his presence, and that to th«^ best of his knowledge and belief each signature to the section is the genuine '■(gnature of the person whose name purports to be thereunto subscribed, and no other affidavit thereto shall be required. Each signature, the genuine- ness of which is not called in question by the sworn affidavit of the alleged owner thereof, shall be presumed to be genuine. Unless and until it bt- proven otherwise by official investigation, it shall be pi-esumed that the peti- tion presented contains the signatures of the requisite number of qualified voters and conforms vo all other legal requirements.. Each signer of said petition shall add to his signature his plsce of residence giving the street and number, if any, or a description which will enable his place of residence tc be determined, and his occupation. In case an elector has signeil two or more confiicting petitions, such signatures shall be disregarded. Daiuntinii of Petitions by City Clerit. (6) When a petition of nomination is presented for filing to the City Clerk, he shall forthwith examine the same and ascertain whether it con- forms to the provisions of this section and is signed by the requisite number of electors. If found not to conform thereto oi- not to be signed by the requisite number of electors, he shall there and then in writing designate on said petition the defect or omission or reason why such petition cannot be filed and shall return such petition to the person presenting the same. The petition may then be amended and again presented to the Clerk, within five days, as in the first instance. If the Clerk's certificate shall show the peti- tion to be again insufficient, it shall be returned to the person presenting the same without prejudice, however, to the presenting of a new petition to the same effect, provided said petition be presented not later than thirty days before the election. The Clerk shall forthwith proceed to examine the same as herein before provided, and if found to be insuft'icient. it shall be by the Clerk rejected. If necessary, the Council shall provide extra help to enable the Clerk to perform satisfactorily and promptly the duties im posed by this section. Withdrawal of Signature. (7) Any signer to a petition of nomination may withdraw his name from the same by filing with the City Clerk a verified levocation of his signature before the filing of the petition by the Clerk, and not otherwise. He shall then be at liberty to sign a petition for another candidate for the same office. \%^ithdrawal of Candidate. (8) Any person whose name has been presented under this section as a candidate may, not later than twenty-five days before the day of election cause his name to be withdrawn from nomin.ation by filing with the City Clerk a request therefor, in writing and no name so withdrawn shall be printed upon the ballot. If upon such withdrawal the number of candidates remaining does not exceed the number to be elected, then other nominations may be made by filing petitions therefor not later than twenty days prior ^o .'>LK'h election. Filing of Petitions. (9) If either the t)riginal or the amended petition of nomination be found sufficiently signed as hereinbefore provided, the Clerk shall file the same in his office twenty-five days before the date of the election. Wben a petition of nomination shall have been filed by the Clerk it shall not be withdrawn nor added to, and no signature shall be revoked tliereafter. Preservatiou of Petitlouj*. (10) The City Clerk shall preserve in his office for a period of two years nil petitions of nominations and all certificates belonging thereto filed under tliis section. E^Iection Proclamation. (11) Immediately after such petitions are filed, the Clerk shall enter the names of the candidates in a list, with the offices to be filled, and shall not later than twenty days before the election certify such list as being the list of candidates nominated as required by the Charter of Modesto, and the Council shall cause said certified list of names and the offices to be filled, designating whether for a full term or unexpired term, to be published in the proclamation calling the election at least ten successive days before the elec- tion in not more than tAvo daily ne\vspapers of general circulation published in he City of Modesto. Said proclamation sliall conform in all respects to the gen- eral state law governing the conduct of municipal elections, now or hereafter in force, except as above required, and shall be signed by the Mayor and City Clerk. Form oC Ballots. (12) The City Clerk shall cause the ballots to be printed and bound and numbered as provided for by state law, except as otherwise required in Lhis Charter. The ballots shall contain the list of names and the respective offices, as published in the proclamation, and shall be in substantially the following form: General (or Special) Municipal Election, City of Modesto. (Inserting date thereof.) Instructions to Voters: To vote, stamp or write a cross (X) opposite the name of the candidate for whom you desire to vote. All marks otherwise made arc forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the inspector and obtain another, RetiuirementM of ISallot. (13) All ballots printed shall be precisely of the same size, quality, tint of paper, kind of type, 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 type of the same size and style. A column moy be provided on the right hand side for Charter amendments or other questions to be voted upon at the municipal elections, as provided for under tliis Charter. The names of the candidates for each office shall be arranged in alphabetical order, and nothing on the ballot shall b£ indica- tive of the source of the candidacy or of the support of any candidate. Kvery Nomiuee ><> c-oTiRidered to bavp been a primarv eler*^ion for the nomination of candidates, and a second election sliall be held to fill said office. Tlie candidates not elected at such first election, equal in number to twice the number to be elected to any given office, or less if so there be, who receive the highest number of votes for the respective offices at such first election, shall be the onlj'- candidates at such second election, provided, that if there be any person who, under the provisions of this subdivision, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving such equal number of votes shall likewise become candidates for such office. The candidates equal in number to the persons to be elected who shall receive the highest number of votes at such second election shall be declared elected to such office. Date of Election. (21) The said second election, if necessary to be held, shall be held on the second Tuesday after the first election. RiilCM Governius- Second Election. (22) All the provisions and conditions above set forth as to the conduct of an election, so far as they may be applicable, shall govern the second election, except that proclamation of election need be published twice only, and provided also that the same precincts and polling places shall, if possible, be used. Failure of Person Elected to Q,ua!ify. (23) If a person elected fails to qualify, the office shall be filled as if there were a v^acancy in such office, as hereinafter provided. lufornialiticM in Election. (24) No informalities in conducting municipal elections shall invalidate the same, if they have been conducted fairly and in substantial conformity to the requirements of this Charter. General Election RegiilntionM. (25) The provisions of the State law relating to the qualifications of electors, the manner of voting, tlie duties of election officers, the canvassing of returns, and all other particulars in respect to the management of elec- tions, so far as they may be applicable, shall govern all municipal elections, provided that the Council shall meet as a canvassing board and duly canvass the election returns within four days after any municipal election, except ns otherwise in this Charter provided. CtualificationM of Voters. (26) No person shall be entitled to vote at any election held un^ler the provisions of this Charter, unless he shall be a qualified elector of the county, enrolled upon the great register thereof and in the precinct in which he votes at least twenty-five days next preceding said election and shall have resided in the City of Modesto for at least thirty days preceding such elec- tion. At any election lield under the provisions of this Charter, the last printed great register of the county shall be used and any elector whose name is not upon such printed register shall be entitled to vote upon producing and filing with the Board of Election a certificate under the hand and official seal of the County Clerk showing that his name is registered and uncan- celled upon the great register of the county; provided that he is otherwise entitled to vote. Voting .TIacliines. Section 7. In case voting machines shall be used at municipal elections, the Council shall have power, by ordinance, to modify the provisions of Sec- tion 6 so far as may be necessary to adapt them to the use of voting machines. ARTICLE V. ELECTIVE OFFICERS. Section 8. The elective officers of the City of Modesto shall be a Mavoi-, four Councilmen, and five members of the Board of Education. The Council shall consist of the Mayor and four Councilmen, each of whom, including the Mayor, shall have the right to vote on all questions com- ing before the Council. Elected at Large. Section 9. The Mayor and Councilmen shall be elected at the gpneTHJ municipal election on a general ticket from the City at large. Eligibility of Mayor and Councilmen. Section 10. To be eligible for the office of Mayor, or Councilman, a pers.>r: 11 must be a citizen of the United States and a qualified elector of tiie State of California, and of the City of Modesto for at least three years next preceding Ills election. Vacancy In Council. Section 11. If a vacancy shall occur in the office of Mayor or Councilman, the Council shall forthwith appoint a person to fill such vacancy. Said ap- pointee shall possess such qualifications for eligibility as are set forth in Section 10 of this Article and shall hold office until his successor Is duly elected and qualified. Sucli successor shall be chosen at the next general municipal election, or at the first succeeding special municipal election called for any other purpose, or as otherwise provided in recall proceedings- for the recall of an officer, which election shall not take place less than forty (40) (lay.-- after such, vacancy occurs. Tiie person so elected shall hold office for the unexpired term. All the pio\ Isions of Section 6. Article IV shall apply to all elections held under this Section. Mayor's Term of Office. .Section 12. The Mayor shall hold office for a term of four years from and aftei- ilie first Monday in May after his election, and until his successor is ei^cted and qualified; provided, that a Mayor sliall be elected at the first muni- cipal election held under this Charter, and said Mayor shall take office on the first day of .1 iily succeeding his election, and his term of office shall cease and determine upon the election and qualification of the Mayor elected at the general municipal election in 19ir>. Coiincilni'en's Term of Office. Section 1.3. The Councilmen sliall hold office for a term of four years from and after the first Monday in May after their election and until their successors are elected and qualified; provided, that four Councilmen shall be electerl at tiie fii'st genei-;il municipal ef?ction held under this Charter and shall take oft'ice on the first day of July succeeding their election; and pro- ".'ided, farther, that the Councilmen first elected under this Charter shall so classify themselves by lot that the term.s of two of said Councilmen shall t-ease and determine upon the election and qualification of the two Councilmen elected at the general municipal election in 1913, and that the terms of office of the other two of said Councilmen elected at the first general municipal elv'ction held under this Ch.arter shall cease and determine upon the election .and qualification of the two Councilmen elected at the general municipal election in 1915. At each general municipal election after the first, held under this Charter, tiiere shall be elected two Councilmen, and at every alternate general muni- cipal election after the first, held under this Charter, a Mayor shall be elected. Official BondN. Section 14. The Council shall fix the amount of the bonds and the methods of their approval to be required of appointive officers. The approval of tlie official bonds must be endorsed tliereon and signed by ihe officer or officers appro\ing the same. All bonds, except the Clerk's bond, which shall be filed with the Mayor, when approved, shall be filed with the City Clerk. All the provisions of any law of this State, relating to offi- cials bonds, not inconsistent with tliis Charter, shall be complied with. Oatli of Office. Section 15. Every officer of the City, before entering upon the duties of his office, sliall take the oath of office as provided for in the Constitution of this State, and shall file the same with the City Clerk. Compensxilion of 3layor and Councilmen. Section IC. The Mayor and Councilmen shall receive no compensation unless the electors by ordinance proposed and adopted in accordance with Section 89 or Section 90 of this Charter shall otherwise provide. Administering; Oatlis. Sul)pocunM. Section 17. l^^very elective officer, every chief , official and every member of any Board or Cornmission provided for in this Charter, or by ordinance, adopted according to the provisions of this Charter, shall have the power to administer oaths and affirmations, and every such Board or Commission shall have power to issue subpoenas, to compel by subpoena the production of books, papers and documents, and to take and hear testimony concerning any matter or thing pending before such Board or Commission. If any person so sub- poenaed neglect or refuse to appear, or to produce any book, paper or docu- ment as required by such subpoena, or shall refuse to testify before any such Board or Commission, or to answer any question which a majority of such Board or Commission shall decide to be proper or pertinent, he shall be deemed in contempt, and any such Board or Commission shall have the power to take 'the proceeding.^ in that behalf provided bj' the general laws of Xhis state. The Chief of Police must, on request of any member of such Boaid or Commission, detail a police officer or police officers to serve such subpoena. ARTICLE Vf. TI-IE MAYOR. The { hlef Exeontivc. Section 18. Tlie Mayor shall be the chief executive officer of the City and shall see that all the ordinances thereof are duly enforced. He shall be charged with the general oversight of tlie several departments of the municipal government. He shall see that all contracts made with the City are faithfully performed. Mayor Pro Tempore. Section 19. During tlie temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore. In case of the temporary absence or disability of both the Mayor and Vice President, the Council shall elect o?ie of its members to be Mayor pro tempore. In case of vacancy in the office of the Mayor, the Vice-President of the Council shall act as Mayor until such vacancy can be filled as provided in this Charter. .^layor's KeportN. Section 20. The Mayor shall annually and fi-om time to time give the Council information relative to the affairs of the City and recommend to Its consideration such matters as he may deem expedient. Mayor to Have City'K BooIvm Examined. Section 21. The Mayor shall employ, for a stipulated compensation, at the beginning of each fiscal year, a certified pul)lic accountant, who shall ex- amine, at least once each year the books, records and reports of the Auditor and of all officers and employees who receive or disburse City moneys, and the books, records and reports of such other officers and departments as the Mayor may direct, and make triplicate reports thereof, and present one each to the Mayor and Auditor and file one with the City Clerk. Such accountant shall have unlimited privilege of investigation, tt) examine under oath or otherwise all officers, clerks and employees of the City, and every such officer; clei-k and employee shall give all required assistance and information to such accountant, and submit to him for examination such books and papers of his office as may be requested, and failure to do so shall be deemed and held to t.e a forfeiture and abandonment of his office. The Council shall provide for the payment of the services of such accountant, and fix the time at which such report shall be made and filed. .Siipervi.>sioii o£ I'liblie Mtiiity Coinpaiiie.<«. Section 22. Tlie Mayor shall be charged with the general supervision of all public utility companies in so far as they are subject to municipal con- trol; he shall keep liimself fully informed as to tlieir compliance in all re- .spects with the law, and he shall see that all franchises granted by the City are faithfully observed. The Mayor shall cause to be instituted such actions or proceedings as may be necessary to prosecute public utility companies for violations of law, and to revoke, cancel or annul all franchises that may have been granted by the City to any person, firm or corporation, which have become foifeitable in whole or in part, or which for any reason are illegal and \oid and not bindinK' upon tlie City. The City Attorney, on demand of the Mayor, must institute and prosecute in the name of the City the necessary actions to enforce' tlie provisions of this section. Powers and Diitle-s Prescribed fiy Ordinuaee. Section 23. The Mayor shall exercise such other powers and perform such other duties as may be prescribed by law or by ordinance, or by resolu- tion of the Council. .\RTiCM5 VII. THE COUNCIL. The Couueii, Hte Go»'erniug Body. Section 24. All powers herein granted to and vested in the City of Modesto shall, except as herein otherwise provided, be exercised by a Council to be designated the jPouncil of the City of Modesto. Said Council shall be the governing body of the City and, subject to the express limitations of this Charter, shall 'be vested with all powers of legislation in municipal affairs adequate to a complete system of local government consistent with the con- stitution of the State. President and Vice-President. Section 25. The Mayor shall be President of tlie Council and shall pre- side at its meetings when present. The'Council shall elect one of its number to be Vice-President. Meetings of Council. Section 26. The Council shall, by ordinance, pro\lde for the lime an-l 13 place of holding its meetings and the manner in which its special meetings may be called. Meetings to Be Pxiblic. Section 27. All legislative sessions of the Council, whether regular or special, shall be open to the public. Section 28. A majority of the Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time and postpone the consideration of pending business in like manner. RtileM of Proeeedins. Section 29. The Council shall determine its own rules of procedure, may punish its members for disorderly conduct and compel their attendance at the Council meetings. Ordinances and Resolutions. Seclioi) 30. (1) Tiie Council shall act only by ordinance or resolution. Ayes and Noes. {2} Tlie ayes and noes shall be taken upon the passage of all ordinances and resoliuions and entered upon the journal of the proceedings of the Council. Upon the request of any member, the ayes and noes shall be taken and re- corded on any vote. Every member, when present must vote, Slajority Vote of Conneil. C^) No ordinance or resolution shall be passed or become effective without receiving the aftirmative vot*.s of ar least three members of the Council. Title. (4) Every ordinance shall be preceded by a brief title which shall Indi- cate the subject and purport thereof. Knacting Clause of Ordinances. (5) The ordaining clause of all ordinances adopted by the Council shall be. "The Council of the City of Modesto do ordain as follows." and the or- daining clause of all ordinances adopted in accordance with the provisions of Article XTII shall be, "The People of the City of Modesto do ordain as follows." Ileqnirenients of Ordinances^. (6) No ordinance shall be passed by the Council on the day of its intro- duction nor within five days thereafter nor' at any other time than at a regular meeting, nor until its publication at least once in full in the official newspaper of the City of Modesto at least three days before its adoption; and in case of amendment being made thereto before the final adoption of the ordinance, it must in like manner be republished in full as amended at least one day before its adaption as amended. Ordinance Required in Certain Cases. (7) No action providing for any specific improvement or the appropri- ation or expenditure of any public money, except a sum less than two hundred dollars; for the appropriation, acquisition, sale or lease of public property; fo!' the levying of any tax or assessment; for the granting of any franchise; lor establishing or changing fire limits; or for the im.posing of any penalty, shall be taken except by ordinance; provided, that such exceptions be ob- served as may be called for in cases where the Council takes action in pur- .'^uance of a general law of the State. Recousideration. (S) When anj' ordinance is put upon its final passage and fails to pass, and a motion is made to reconsider, the vote upon such motion shall not be taken except at a meeting of the Council, held not less than one week after the meeting at which such motion vv^as made. Signing and Attesting. (9) All ordinances shall be signed by the Mayor and attested by the City Clerk. Revision and Amendment. (10) No ordinance shall be revised, re-enacted or amended by reference to its title only; but the ordinance to be revised or re-enacted, or the section or sections thereof to be amended, or the new section or sections to be added thereto, shall be set forth and adopted in the method provided in this section for the adoption of ordinances. Repeal. (11) No ordinance nor section thereof shall be repealed except by ordi- nance adopted in the manner provided in this section. itecord <>f ^ity Ordinances. (12) A true and correct copy of all ordinances shall be kept and certi- fied to by the City Clerk in a book marked "City Ordinances." Such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publica- tion of the same, and shall be admissible as such in any court or oroceediniT. Such records shall not be filed in any case, but shall be returned to the cus- H tody of the City Clerk. Nothing lierein contained shall be consttueJ to pre- vent the proof of the passage and publication of an ordinance In the usual way. Protcftiou of Abneut Conimissloner. Section 31. No final action shall be taken in any matter concerning the special department of any absent Councilman unless such business has been made a special order of the day by action at a previous meeting of the Council, or such -action is taken at a regular meeting of the Council. When OiTices Become Vacant. Section 32. An elective office becomes vacant when the incumbent thereof dies, resigns, is removed from office under recall proceedings as provided in Section 88 of Article XIII, is adjudged insane, convicted of felony, or of an offense involving a violation of his official duties, or ceases to be a resident of the City, or neglects to qualify within the time prescribed by the pro- visions of this Charter, or shall have been absent from the State without leave for more than sixty consecutive days, or fails to attend the meetings of the body of which he is a member for -a like period without being excused therefrom by said body. ARTICLE VIII. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS. The Four ^tluiiieipal DeiiartuientM. Section 33. The executive and administrative powers, authority an J duties of the City, not otherwise provided for. shall be distributed among- and assigned to foui- departments, as follows: 1. Department of Finance and Revenue. 2. Department of Public Health and Safety. 3. Department of Public Works. 4. Department of Public Supplies. Conneil to AsNi};-n Diitiei* to tlie Department m. Section 34. The Council shall determine and assign the duties of the several departments, subject to the provisions of the preceding section; shall prescribe the pov/ers.and duties of olticers and employees; may assign particu- lar officers and employees to one or- more of the departments; may require an officer or employee to perform duties in two or moie departments, and may make such other rules and regulations, not inconsi.'Jtent with this Charter, as may be necessary or proper for the efl'icient and economical conduct of the business of the City. T!:e Four ContmfMtti oners. Section 35. The Council at its first regular meeting after the electiun of its members, shall designate by majority vote one Councilman to be Com- missioner of Finance and Revenue, one to be Commissioner of Public Health and Safety, one to be Commissioner of Public Works and one to be Commis- sioner of Public Supplies. If the Council is unable to agree, the Mayor shall have authority to make such designation. The Coinicil may change such designation, whenever it determines that the public service will be benefited thereby. The Chief Offloiulx. Section 36. The chief officials of the City shall be City Clerk, Au liter. Assessor, Treasurer, Collector, Attorney, Engineer, Chief of Po^ce. Fij-e Chief. Street Superintendent, Building Inspector. Sewer Inspector, Health Officer and five Librarj' Trustees. They shall be appointed and may be remove i by a majority vote of the Council. The Council, at any time when in its judgment the interests of the City so demand, may consolidate and place in the charge of one such officer the functions and duties of two or more such officers. The Council shall by ordinance or by resolution prescribe the duties of all the chief officials. The Council shall at the first regular meeting after the election of its members, or as soon thereafter as practicable, proceed to the appointment of the chief officials of the City and the determination of their dutie.s, as provided in this section. Subordinate Oft'iecrH and Employee!*. Section 37. The Council shall have power by ordinance, or by resolution, to create and discontinue offices, deputyships, assistantships, boards and com- missions, and employments other than those prescribed in this Charter, to provide the modes of filling them, to prescribe the duties pertaining thereto, according to its judgment of the needs of the City, and to determine the mode of removing any such olTicer, deputy, assistant or employee, except as other- wise provided in this Charter. Compensation ot Oftloer.s and Employees. Section 38. The compensation of all City officers provided for by Section 36 of this Charter, except Library Trustees, who shall receive no i-emuneration, shall be by salary to be fixed by ordinance. The Council shall also fix the compensation of all other officers and employees of the City except as in this Charter otherwise provided. No officer or employee shall be allowed any X 15 fees, perquisites, emoluments, rewards or compensation, aside from the salary or compensation as fixed by the Council, but all fees received by him in connection with his official duties shall be paid by him into- the City treasury. KeporlH of Departments. Section 39. Each department and commission shall annually, on such date as may be fixed by the Council, render to the Mayor a full report of all operations of such depar^ient or commission for the year. Reports to Be Published. Section 40. The Council shall provide for the publication of the annual reports of the Mayor and the several departments and coipmissions. Councilman to Hold No Other Oifice. ~ Section 41. No member of tne Council shall hold any other municipal office or hold any office or employment the compensation of which is paid out of the municipal moneys; or be elected or appointed to any office created or the compensation of which is increased by the^Jouncil, while he was a member thereof, until one year after the expiration of the term for which he was elected. No member of the Council during the term for which he shall have been elected sliall be eligible to fill a vacancy in the office of Mayor, Officers, JVot to Be Interested in Contracts or Franchises. Section 42. No officer or employee of the City, shall be directly or indi- rectly interested in any contract, work or business of the City, or in the sale of any article, the expense, price or consideration of which is paid for from the trea.'^ury or by assessment levied by any act or ordinance; nor in the purchase or lease of any real estate or other property belonging to the City or which shall be sold for taxes or assessments or by virtue of legal process at the suit of the City. No officer or employee of the City shall be in the employ of any public service corporation in the City or of any person having any contract with the City or of any grantee of a franchise granted by the City. Any contract or agreement made in contravention of this Section shall be void. Any violation of the provisions of this Section by such officer or employee of the City shall be deemed a misdemeanor. , The Council shall enforce the provisions of this Section by appropriate legislation. , Political and Relii^ious Tests. Section 43. No appointment to position under the City government shall be made or be withheld by reason of any religious or political opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment, anij no transfer, promotion, reduc- tion, reward or punishment shall be in any manner affected by suph opinions, affiliations or service. ARTICLE IX. FINANCE AND TAXATION. The Fiscal Year. Section 44. The fiscal year of the City shall commence upon the first day of .July of each year, or at such other time as may be fixed by ordinance. Tax System. Section 45. The Council shall by ordinance provide a system for the assessment, levy and collection of all City taxes not inconsistent with the provisions of this Charter. The Council shall have power to avail itself by ordinance of any law of the State of California pow or hereafter in force and comply with the require- ments thereof whereby assessments may be made by the Assessor of the county in which the City of Modesto is situated and taxes collected by the tax collector of said county for and on behalf of the City of Modesto. Other provisions of this Charter concerning the assessment, levy and col- lection of taxes shall be subject to the provisions of any such ordinance while the same shall be in force. Department Fstimntes of Annual Requirements. Section 46. On such date in each year as shall be fixed by the Council, the heads of departments, offices, boards and commissions shall send to the commissioner of finance and revenue a careful estimate in writing of the amounts, specifying in detail the objects thereof, required for the business and proper conduct of their respective departments, offices, boards and com- missions, during the next ensuing fiscal year. Annual Estimate of City's Requirements and Revenue. Section 47. On such date in each year as shall be fixed by the Council, the commissioner of finance and revenue shall submit to the Council an esti- mate of the probable expenditures of the City government for the next erfsumg fiscal year, stating the amount required to meet the interest and 16 sinking funds for the outstanding funded indebtedness of the City, and tlie w^nts of all the departments of the municipal gov^ernment in -detail, and showing specifically the amount necessary to be provided • for each fund and department; also an estimate of the ainount of income from fines, licenses and other sources of revenue exclusive of taxes upon propeity. and the probable amount required to be levied and i-aised by taxation. Annual Budgret. Section 48. The Council sh'all meet annually prior to fixing the tax levy, and make a budget of the estimated amounts /equired to pay the ex- penses of conducting the business of the City government *for the n^xt enduing fiscal year. The budget shall be prepared in such detail ^as to the aggregate sum and the items thereof allowed to each department, office, board or com- mission as the Council may deem advisable. ^ Board of I<](iiinlixatlon. Section 49. The Council shall meet at tiieir usual place of hohling meet- ings on the first Monday in August of each year, at ten o'clock in the fore- noon of said day, and sit as a board of equalization, and shall continue in session from day to day for at least five days. They shall have power to hear complaints and to correct, modify, strike out or to raise any assessment, provided that notice shall be gi\ en to the party whose assessment is to be raised. ' Anpual Tiix Levy. Section 50. The Council must finally adopt, not later than its first legular meeting in September, an ordinance levying upon the assessed valuation of the property in the City, subject to the provisions of this Charter, a rate of taxation upon each one hundred dollars of valuation sufficient to raise the aniounts estimated to be required in the annual budget, less the amounts estimated to be received from fines, licenses and other 'sources of revenue. They shall then deliver t\ie assessment roll to the, auditor, who shall com- pute and carry out the amount of the tax so levied upon each parcel of prop- erty contained in said assessment roll. The corrected list for each tax shaH be the assessment roll of said tax for said i^ear, and it shalf be certified by the auditor as being the assessment roll of said tax. F^iuiit of Tax Levy. Section 51. The tax levy authorized by the CounciT lo meet ihe muni- cipal expenses for each fiscal year shall not exceed, except as liereui pro- vided, the rate of one dollar on each one hundred dollars of the assesse.i value c'f all real and personal property within the City. Such levy shall be'placed in the general fund, which . may be apportioned by the Council, except as otherwise provided in this Charter. Bond .Tax. Library Tax. Section 52. The Council shall have power to levy nnd collect taxes, i-i addition to the taxes herein authorized to be levied and collected, sufficient to pay the interest and maintain the sinking fund of the bonded indebted- ness of the City; and to levy not exceeding twenty cent^ on each one hundred dollars of the assessed value of all real and personal j^ro^erty within the City for the support and maintenance of fi-ee public libraries and reading rooms. ' ^ ' Tax iaeuN. ^ Section 53. All taxe^ and assessments levied together with any per- centage imposed for delinquency and; the cost of collection, shall constitute Jiens on the property assessed; every tax upon the personal property shall be a lien upon the real property of the ownev thereof. The liens provided for in this section shall attach as of tlie first Monday in March in eaclf year, and may be enforced by actions in any court of compet;ent jurisdiction to foreclose such liens, or by a sale of the property, affgcted and the axecution and delivery of all- n*-cessary certificates and deeds therefor, under such regu- lations as may be prescribed by ordinance; provided, that when real estate is offered for sale for City -taxes due thereon, the same sliall be struck off and sold to the City, in like case and in like manner and w^ith like effect and with like right of redemption, as it may be struck off and sold to the state when offered for sale for state and county taxes; and the Council shall have power to provide for the procedure to be followed in such sales to the City and_ redemption tliereafter. \ Dntles of the Auditor. Section 54. Money shall be drawn from the treasury only upon warrants as herein authorized. Every demand against the City, from whatever source, including the free public library, when allowed by the Council or proper board, shall bo signed by the president and secretary or clerk of such body, and a warrant, numbered anti dated the same as the demand issued and signed by the same officers, and both must, before it, can be paid, be presented to the auditor, who shall satisfy himself whether the money is legally due and its payment authorized by law. If he allow it, he shall endorse upon the warrant the word "allowed,'; and the date of such allowance, and sign tiis 17 name thereto. No demand shall be approved, allowed, audited or paid unless it specify each special item.^and the date thereof. It shall be the duty of the auditor to be constantly acquainted with the exact condition of the treasury He shall, on application of any person indebted to the City, holding money payable into the City ,treasui-y or desiring to pay money therein, certify to the treasurer the amount thereof, to what fund applicable, and by w>iom to be paid. He shall charge the treasurer with the amount received. It shall be his duty to apportion among the several funds all p.ubTic money at any time in the City treasury, itot by law or ordinance specifically apportioned- ;ind appropriated, and forthwith notify the treasurer of such apportionment or appropriation. He shall countersign and deliver to the proper officers, all licenses and other i-eceipts, charging thern therewith, and taking their receipjt therefor. He shall at the first regular meeting of each month, or oftener if required, ,'eport in writing to the Council the condition of each fu»d in the treasury. He shall keep a complete set of books for the City, In which he fihH\\ s'et forth in a plain and business-like manner, every money transaction of tlie City, so tliat he can at any time tell the exact condition of the City's, finances, and draw all warrants on the treasury. He- shall pet-form such other duties as may be required of him by this Charter or by ordinance. DNpoMitiou of lloiioy CoIIeotert. Section 55. l^^very officer collecting or receiving any moneys belonging to or for the use of the City shall on tl>e day of the receipt thereof settle for the sam.e with the auditor and immediately pay all the same into the treasury, on tlie order of the auditor, for the benefit of the funds to which such moneys severally belong. The Council may provide, in its' discretion, for the deposit of the City moneys in banks in accordance witjj the"^state law. Uniform Accounts and Reports. \ Section 56. The Council shall prescribe uniform forms pf accounts, which .shall be observed by all officers and departments of the Cfty whiph 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. ARTICLE X. ^ PUBLIC WORK AND SUPPLIES. Form of Contracts. Section 57. All contracts shall be drawn under tjie Supervision of the City Attorney. All contracts must be in writing, executed in the name of the City of Modesto 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 purpose. I'rbiirre.ssive Payments on Contracts. Section 58.- Any contract may provide for progressive payments if in the (u-diJiaiUJe aujtlioi-izing or ordering the work permission is given for such a connact. But no progressive payments can be provided for or ma'de at any time whicii with prior payments, if there have been such, shall exceed In amount at that time seventy-five per cent, of the value of the labor done and the materials used up to that time, and no contract shall provide for or authorize or permit the payment of more than seventy-ft-ve per cent of the contract price before the completion of the work done under said contract 'an,l the acceptance thereof by the proper officer, department or board. Public Work to Be Done by Contract. \ Section 59. In the erection, improvements and repair of all public build- ings and works, in all street and sewer work, and in all work in wr about , streams^ or water front, or in or about embankments or other works for protection against o,verflow and erosion, and in furnishing any supplies and materials for the same, or for any othpr'use by the City,* when the expendi- ture required for the same exceeds the sum of two hundred dollars, the same sliaU be done by contract, and -shall be let to the 'lowest responsible bidder, after adv'ertising fk)r sealed proposals for the work contemplated, in five successive issues of the official newspaper of the City of Modesto. Such notice shall distinctly and specifically state the work cohtemplated to be. done. Provided, however: the Council may reject any and all bids and readvertise for bids, or ,^rovide fpr the work to be done by the department of public works. In case no bid is received, the Council may likewise provide for the Avork to be done by the department of public works. Contracts for Offtcial Advertising. Section 60. The Council shall let annually contracts for tlie official ad- vertising for the ensuing fiscal year. For this purpose the Council shall advertise for one day, setting forth distinctly and specifically the work con- templated to be done, and asking for sealed proposals therefor. The pro- posals shall specify the type and spacing gto \>e used at the rate or rates named in the bids. The Council shall let the contracts for such official adver- tising to the lowest responsible bidder publishing a daily newspaper in the 1 8 City, which is a newspaper of general circulation and has been in existence fit the time of the awarding of" the contract at least^one year; provided, that the Council may reject any or all bids and advertise for new bids. The newspaper to which the award of such advertising is made shall be known and designated as the- "official newspaper of the City of Modesto." Contracts for L.lgrhtiiig. Section 61. JSIo contract for lighting streets, public buildings, places or offices shall be made for a longer period than one year, nor shall any con- tract to pay for electric light or any illumination material at a higher rate than the minimum price charged to any other consumer be valid. Hours of Labor. Section 62. The maximum time of labor or service required of any laborer, workman or mechanic employed upon any municipal work, whether so employed directly by the City and its officers, or by a contractor or sub- contractor, shall be eight hours during any one calendar day. Collusion With Bidder. Section 63. Any officer of the City, or of any department thereof, who shall aid or assist a bidder in securing a contract to furnish labor, materials 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 .mislea'^ any bidder in regard to the charac'ter of the ma- terials 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 been actually performed, or to the receipt of a greater amount or different icind of materials or supplies than has been actually received shall be deemed guilty of malfeasance and shall be removed from office. Collusion by Bidder. Section 64. If at any time it shall be found that the person to whom a contract has been awarded has, in presenting any bid or bids, colluded with any other party or p.arties for the purpose of preventing any other bid being made, then the contract so awarded shall be null and void, and the Council shaU advertise for a new .contract for said work, or provide for such public work to be done bV the department of public works. ARTICLE XI. FRANCHISES. Property Ki^lits of the City Inalieuable. • Section 65. The rights of the City in and to its water front, wharf prop- erty, land under water, public landings, wharves, dT)cks, streets,^Tiighways, parks and all other public places, except as otherwise provided In this Charter, are hereby declared inalienable. Xo I'se of Streets AVIthout a Franebise. ' Section 66. No person,, firm, or corporation shall ever exercise any fran- chise or privilege mentioned in this Article except in so far as he or it may be- entitled to do so by direct authority of the constitution of California or of the constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the City unless he or it shall have obtained a grant therefor in accordance with the provisions of -this Article. Franchise to Use Streets. Section 67. Every fri:nchise or privilege to construct or operate stieet, suburban or interarban railroads along, upon, over, or under any street, highway, or other public place, or to lay pipes or conduits or to erect poles or wires or other structures in, upon, over, under or along any street, highway or other public place in the City for the transmission of gas or electricity, or for any purpose whatever, shall be granted upon the conditions in tliis Article provided, and not otherwise. Applications for Franchise. Section 68. An applicant for a franchise or privilege shall file with the Council an application therefor, and thereupon the Council, if it propose to grant the same, shall, or on petition signed by qualified and registered electors equal in number to twenty percontum (>f t'ie entire vote cast at the Inst^pi'e- ceding general municipal election, re(iuesting it to grant the same, must advertise the fact of said application together with a statement that it is proposed to grant the same, in the official newspaper of the City. Said adver- Lisenient sliall contain a copy of the proposed ordinance making such grant. The publication of such advertisement must be run in the said paper in ten suc- cessive issues and must be completed not less than twenty and not more than thirty days before any further action can be taken on such application. The form of such petition, signatures, and verification and duties of the Clerk In i-esp'ect thereto, provided in Section S9 (for petitions for recall) shall 19 apply to petitions for ginnt of franchise referred to In this section. Conditions of Grant. Section 69. The advertisement must state the character of the franchise or privilege proposed to be granted, and if it be a street, suburban or inter- urban railroad, the route to traversed; that sealed bids therefor will be opened at a stated time and place, and that the franchise will be awarded to the bidder offering to pay to the City during the life of the franchise the highest percentage of the gross annual receipts received from the use, opera- tion or possession of the franchise, provided that such percentage be not less than two per cent, of said gross annual receipts during the first five year.s. not less than three per cent, during the next five years, not less than four per cent, during the tliird five years, and not less than five per cent, for the rest of the life of the franchise. Bidding- for tlie FraiieliiNe. Section 70. At the time of opening the sealed bids, any responsible per- son, firm, or corporation, present in person, or represented, may bid for such franchise or privilege not less than one-fourth of one per cent, of the gross annual receipts above the highest sealed bid therefor, and such bid so made may be raised not less than one-fourth of one per cent, of the gross annual receipts, by any other respon.sible bidder, and such bidding may continue until finally such franchise sliall be struck off, sold and awarded by the Council to the person, firm or coiporation offering the highest percentage of the gross annual receipts arising from the use, operation or possession of such fran- chise; provided, that if, in the judgment of the Council, no adequate or re- sponsible bid has been made, the Council may withdraw such franchise from sale or advertise for new bids. Deposit as Guarantee of Good Faitli. Section 71. Kvery application and bid for franchise under this Article shall be accompanied by a cash deposit of five hundred dollars ($500), or a certified check therefor as a guarantee of the good, faltli of the applicant or bidder, and as a fund out of which to pay all expenses connected with such application and the granting of sucli franchise. Upon the franchise being awai'ded, all deposits made by unsuccessful hidders shall be returned. The deposits of the successful bidder shall be retained until the filing and approval of the surety bond hereinafter provided for, whereupon the remainder of such deposit, after the payment therefrom <>i all expenses incurred by the City in connection with the advertising and awarding of such francliise, shall be returned. Open Competition. Section 72. No clause or condition of any kind shall be inserted In any fianchise or grant offered or sold under the terms of this Article, which shall directly or indirectly restrict free and open competition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale, which shall in any wise favor one person, firm or corporation, as against another in bidding for the purchase thereof. Bond. Section 73. The successful bidder for any franchise or privilege awarded under this Article shall file a bond running to the City to be approved by the Council, in the penal sum to be prescribed by the Council and set forth in the advertisement for bids conditioned that such bidder shall well and truly observe and faithfully perform each and every term and condition of such franchise, 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. Such bond shall be filed with the Council within five days after such franchise is awarded, and within thirty days after the filing and approval (.f such bond such franchise shall by the Council be granted by ordinance (subject to the provisions of Section 87 of this Article) to the person, firm or corpoiation to whom it shall have been struck off, sold or awarded, and. In case such bond shall not be filed, the award of such franchise shall be set aside, and any money dei)osited In connection with the awarding of the franchise shall he forfeited. Rnd the franchise shall, in the discretion of thf» C'ouncil, be readvertised and again offered for sale in the same manner and under the same restrictions a? hereinbefore provided. Life of FranoiilMes. Section 74. The maximum length of time for which a franchise or privi- lege to use the streets, highways, waters, or other places of the City may be granted to any person, firm or corporation shall .be twenty-five (25) years. Beginning, and Completion of \Vorli. Section 75. Work under any franchise granted in accordance with the terms of this Article shall be commenced in good faith within no more than four months from tlie date of the final adoption of the ordinance granting 20 such franchise, and, if not so core tT,<'. need within said time, said franchise shall be forfeited. Work under any franchise so granted shall be completed within the time fixed for such completion in the ordinance granting such franchise, which time shall be not more than three years from the date of the final adoption of the ordinance granting said franchise, and if not so com- pleted within said time, said franchise shall be forfeited; provided, that if good cause be shown, the Council may by resolution extend the time for com- pletion thereof not exceeding three months. Regulation of Gruuts, Franchises anel Privileges. Section 76. The grant of eveiy franchise or privilege shall be subject to the right of the City, whether reserved or not, to make all regulations which shall be necessary to secure in tlie most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and enforce ordinances tt> protect the public from dange*' or incon- venience in tile operation of any work or business authorized by the grant of the franch'se and the right to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper service and accommodations tor the people and insure their comfort and convenience. Hates and Cimrge.s. Section 77. The jprant of every franchise or privilege shall be subject to the riglit of the City, whether reserved or not, to prescribe and regulate the rates, fares, rentals or charges made for the service rendered under such franchise. The grant of every franchise for a street, suburban or interurban railroad shall provide that all United States mail carriers and all officials, policemen and firemen of the City shall at all times, while in the actual dis- charge of their duties, be allowed to ride on the cars of Such railroad within the boundaries of the City, without paying therefor and with all the rights of other passengers. Right of tl»e City to Assume Owner.sIiii}. Section 78. Every ordinance granting any franchise shall provide that at the expiration of the period for which the franchise was granted, or at any time before as stated in the ordinance, the City, at its election and upon the paym.ent of a fair valuation therefor to be made in the manner provided in the ordinance making the grant, may puichase and take over to itself the property and plant of the grantee in its entirety, but in no case shall the value of the franchise of the grantee be considered or taken into account in fixing such valuation. Or it may be provided in the ordinance granting any franchise that tlie property and plant of the grantee shall, at the expiration of the period for which tiie franchise was granted, become the property of the City without any compensation to the grantee. iVo Conveyance Necessary for City's Owner.ship. Section 79. Every ordinance granting any franchise shall . further pro- vide that upon the payment by the City of a fair valuation in the manner provided in the ordinance, the plant and property of the grantee shall become the property of the City by virtue of the grant in payment thereunder, and without the execution of any instrument or conveyance, and in case it is provided in the ordinance granting any fra.nchise that the property and plant ;>f the grantee shall, at the expiration of the period for which it was granted, become the property of tlie City without any compensation to the grantee, tlie property and plant of the grantee shall then become the property of tho City by virtue of the grant and without tiie execution of any instrumei.t or conveyance. Leasee or Assignment of Francliise. Section 80. Any franchise granted by the City shall not be leased, as- signed or otherwise alienated witliout the express consent of the City, an.l no dealings with a lessee or assignee on the part of the City to require the performance of any act or payment of any compensation by the lessee or assignee shall be deemed to operate as such consent; provided, that iio^ing herein shall be construed to prevent the grantees of such franchise from including it in a mortgage or trust deed executed for the purpose of obtaining money for corporate objects. Street Sprinltliug, Cleaning and Paving. Section 81, Every grant of any franchise or privilege in, over, under or along any of the streets, highways or public places in the City for railway purposes, shall be subject to the conditions that the person, firm or cor- poration exercising or enjoying the same shall sprinlcle, clean, keep in repair, and pave and repave so much of said street, highway or other public place as msy be occupietl by said I'ailway, as lies between the rails of each rail- way track, and between the lines of double track, and for a space of two feet outside of said tracks. '"^Examination of Company's Books. Audit. Section 82. The City of Modesto liy its Auditfir, Deputy Auditor, or ac- countants authorized by the Auditor. (ir by the Council, shall have the riglit 2t at all reasonable times to examine all the books, vouchers and records of anj'- person, firm or corporation exercising or enjoying any franchise or privi- elge granted by the City, for the purpose of verifying any of the statements of gross receipts provided for, and for any other purpose whatsoever con- nected with the duties or privileges of the City, or of such person, firm or corporation, arising from this Charter, or from the ordinance granting the franchise, and may audit the same at the end of each year. Auntial Reports of Company. Section 83. Every person, firm or corporation operating any busines.s under a franchise granted under this article shall file annually with the City Auditor on such date as shall be fixed by the Council a report for the pre- ceding year. Such report Fhall be in writing, verified by the affidavit of such person or persons, or officer of the corporation, as the Council shall direct, and and shall contain a statement, in such form and detail as shall from time to time be prescribed by the Council, of all the gross receipts arising from all the business done by said person, firm or corporation, within the City of Modesto for the ye ir immediately preceding such report. Such report shall contain such furLlier statements as may be required by tlie Council concerning the ehaiacter and amount of bu. name of the nersor' nominated therein shall be placed upon the official ballot as a candidate for the office for which he was nominated. All the provisions of sub-divisions 19, 20, 21 and 22 of Section 6, of Article TV of this Charter shall be applicable to all elections held under this Section to fill vacancies caused by a recall of an officer, except that the second election, if necessary, shall be held one week after the first election and except aJso in case such second election is held that notice of the same shall be given, and the same shall be held in all respects as hereinbefore provided In this Section for the election for the recall. In the event that, by reason of the recall, there shall not remain in office a majority of the City Council, it shnll be the duty of the City Clerk to appoint qualified persons to fill such vacancies until the election and qualification as herein provided, of the suc- cessors to the officers recalled. In the event that by reason of the recall, there shall not remain in office a majority of the Board of Education, it shall be the duty of the Superintendent of Schools of Stanislaus County to appoint qualified persons to fill such vacancies until the election and qualification as herein provided, of the successors to the officers recalled. Diisqnalification of Recalled Officer. (S) No person recalled under the provisions of this Section shall be eligible for election or appointment to any office in the City of Modesto for a period of one year from and after the date of his recall. New Officer. When to Qualify. (9) F]very person elected to fill a vacancy caused by the recall of an elective officer, as in this section provided, shall within four days from the declaration of the result of the election at which he was elected, qualify and assume the powers and duties of tiie office to which he was elected. ARTICl.E XIII. THE INITIATIVE. Section 89. Any proposed ordinance may be submitted to the Council bV a petition signed by qualified electors of the City equal in number to the per-^ centage hereinafter required. The. petition shall set forth a copy of the proposed ordinance. Si^natureM to Petition. (1) The signatures to the petition need not all be appended to on^ paper, but said petition may be presented in sections. The number of signa- tures to each section shall be at the pleasure of the person soliciting signa* tures to the same. Any qualified voter or taxpayer of the City shall be competent to solicit said signaturr-s. Each section shall have attache(? thereto the affidavit of the person soliciting signatures to the same, stating- that all the signatures to the attached section were made in his presence, and that eacb signature to the section is the genuine signature of the person v'hose name purports to be tnerennto subscribed, and no other affidavit thereto shall be requ^rea. Each signature, the genuineness of which is not called in question by the sworn affidavit of the purported owner thereof, shall be presumed to be genuine. Until it be proven otherwise by official investi- gation, it shall be presume;^ that the petition presented, contains the signa- tures of the requisite number of qualified signers and conforms to all other legal requirements. Each signer of said petition shall add to his signature his place of residence, giving the street and number, if any, or a description which will enable his place of residence to be determined, and his occupation. Piling and Elxaniination of Petition. (2) Said petition shall be presented to the City Clerk, and, within ten days from the date of the presentation of such petition, the ClerK shall examine and ascertain from the records of registration whether or not said petition is signed by the requisite number of electors qualified to sign said petition, and, if necessary, tne Clerk may employ extra help for that purpose, and the Clerk shall attach to said petition his certificate showing the result of said examination. If, by the said certificate, the petition is shown to be insufficient, as to the number and genuineness of the signatures, it may be amended by additional signatures within five days from the date of said certificate. The Clerk shall, within five days after such amendment, make like examination of the amended petition, and, if his certificate shall show the same to be insufficient in the same particulars, it shall be returned to the person presenting the same without prejudice, however, to the presenta- tlon of a new petition to the same effect. If the petition shall be founight schools; provided, that no school money siiall be used for technical, industrial, or night schools, or kindergarten when such use would prevent the Board of Education from maintaining primary, grammar and high schools for ten months in each school-year. Section 105. All territory included within the limits of the Modesto City Sch of July, 1910. S. P. ELIAS, President of the Board of Freeholders. J. W. BELL, J. R. BROUGHTON. L. L. DENNETT. THOS. DOWNEY. Z. E. DRAKE. L. E. DeYOE, C. W. EVANS, JOHN DUNN, Sr., E. I. FISHER, N. C. HANSCOM. GEO. PERLEY, AL SCHMIDT, B. J. SMITH, G. A. WILLIAMSON. ATTEST: L. E. De YOE, Secretary of the Board of Freeholders. Filed this 8th day of July, 1910, at 11 A. M. C. A. POST, President of the Board of Trustees of th«» City of Modesto. California. ^'