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benefit of the public schools of the city, and to make conveyance Board of of all such real estate sold by the board of education; provided, education, that no real estate shall be bought, sold, or exchanged without duties. the concurrence of four fifths of the members of the board; and provided further, that the proceeds of such sale of real estate or personal property shall go into the special school fund of the city in the county treasury.

9. To grade, fence, and improve all school lots.

10. To sue for any and all lots, land, and property belonging to or claimed by said school department; and to prosecute and defend all actions at law or in equity necessary to recover and maintain the full enjoyment and possession of said lots, land and property.

11. To prohibit any children under six years of age from attending the public schools, except that in the kindergarten younger children may be received.

12. To examine and allow, in whole or part, every demand payable out of the school funds, or to reject any such demand, for good cause.

13. To admit non-resident children to any of the departments of the schools, upon the payment, at such time as the board may direct, of tuition fees, to be fixed by the board.

14. To dispose of, at public or private sale, such personal property as shall be no longer required by the department.

15. To exclude from the schools and school libraries all books, publications, or papers of a sectarian, partisan, or denominational character.

16. To furnish books for children of parents unable to furnish them, and all books so furnished shall belong to the city, and shall be kept in the libraries of the schools when not in use.

17. To use and apply the school funds of the city for the purposes herein named, and for no other purposes whatever.

18. And generally to do and perform such other acts as may be required by general law applicable to the city, and as may be necessary and proper to carry into force and effect the powers conferred on said board.

SEC. 129. It shall be the duty of the board to prescribe a course of study that will fit and prepare the students therein to enter any of the departments of the state university. Such course shall be known as the high school course.

SEC. 130. Each member of the board shall visit every school in the city at least twice in each term, and examine carefully into its management, condition and wants.

SEC. 131. The board of education shall select a city superintendent of schools, whose term of office shall be four years unless sooner removed for cause by vote of a majority of the members, after a full investigation. The city superintendent of schools shall give his time and attention to the duties of his office, subject to the regulations of the board of trustees.

SEC. 132. The city superintendent of schools and teachers of the public schools shall be experienced teachers and shall possess the qualifications required by the board of education of Santa

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Board of Barbara county, and such other qualifications as this board of education, education may prescribe. The disobedience of any proper order or regulation of the board of education by any person holding a position under appointment or election in this department shall be deemed good cause for dismissal or removal.

SEC. 133. It shall be the duty of the board of education to call an election and submit to the voters of the school district whether the bonds of said district shall be issued and sold for the purpose of raising money for purchasing school lots, for building or purchasing one or more school-houses, for insuring the same, for supplying the same with furniture and necessary apparatus, for improving the grounds, or for liquidating any indebtedness already incurred for said purposes, whenever in their judgment it is advisable, or whenever petitioned by a majority of the heads of families residing in said district so to do. Such election shall be called and said bonds shall be issued in accordance with the school law of this state.

SEC. 134. All contracts for building shall be awarded to the lowest bidder therefor, furnishing adequate security, to be determined by the board, after due public notice, published daily for not less than ten days in one daily paper of the city. Said board, however, shall reserve the right to reject any and all bids.

SEC. 135. Any member of the board of education, or any person officially connected with the school department, or drawing a salary from the board, who while thus drawing such salary, upon investigation by the board, or by any special committee that may be appointed by the council, shall be found to be interested directly or indirectly in, or to have gained any advantage or benefit from any contract, payment or any purchase of any kind which have been, or are to be made in any part from moneys derived from the school fund or raised by taxation or otherwise, for the support of the public schools, shall forfeit his office, and the board shall thereupon declare such office vacant.

SEC. 136. The board of education shall estimate the amount necessary in their judgment to carry on for the next school year those departments of the public schools not now provided for by the general law, and shall report the same to the board of supervisors of the county of Santa Barbara in the manner provided by law, in case of levy of special school tax.

SEC. 137. The board shall cause to be prepared in January and July of each year, and filed in the office of the city clerk, a tabulated statement showing the income and resources of the school department, and the general expenditures for such school purposes, together with such other information as will show the general condition of the schools, and the work accomplished by the department for the previous six months.

SEC. 138. The public school fund of said city shall consist of all moneys received from the state and county school fund; of all moneys arising from taxes which shall be levied for school purposes; of all moneys arising from the sale, rent, or exchange of any school property; and of such other moneys as

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from any source whatever may be paid into the school fund; Board of which fund shall be kept separate and distinct from all other education, moneys, and shall only be used for school purposes, under the duties. provisions of this charter; and if at the end of the fiscal year any surplus remains in the school fund, such surplus money shall be carried forward to the school fund of the next fiscal year, and no part of the school fund shall be for any purpose, or in any manner whatever, diverted or withdrawn from any such fund, except as in this charter provided.

SEC. 139. All claims payable out of the school fund shall be filed with the secretary of the board, and shall be approved by a majority of all the members of said board, upon a call of ayes and noes, which shall be recorded. After claims have been approved, as herein mentioned, the secretary of said board shall draw a requisition upon the county superintendent of schools for the payment thereof, which requisition shall be signed by the president, and countersigned by the secretary. All demands for salaries of teachers and compensation of janitors shall be payable monthly in the same manner, without presentation of claims therefor.

SEC. 140. All demands authorized by this article, and by the board of education approved as aforesaid, shall be paid as provided by the general school law.

SEC. 141. The member of said board acting as secretary thereof shall receive for his services as such secretary a salary to be fixed by the board of education, not exceeding twenty dollars per month, and such salary shall be in full payment for all services rendered by him.

SEC. 142. The city attorney shall be the attorney of the board, and shall not receive any compensation for services rendered or to be rendered to the board, other than or in addition to his salary as such city attorney.

SEC. 143. The school year shall consist of forty weeks.

SEC. 144. In case of disaster from fire, riot, earthquake, or public enemy, the board of education may, with the approval of the mayor and council, incur extraordinary expenditures in excess of the annual limit provided by this charter for repair, construction, and furnishing of school-houses; and the council may, by ordinance, cause to be transferred to the school fund from moneys in any other fund not otherwise appropriated sufficient moneys to liquidate such extraordinary expenditures.

SEC. 145. The board of education succeeds to all the property, rights, and obligations of the school trustees of Santa Barbara school district heretofore existing.

ARTICLE XIII.

PUBLIC LIBRARIES.

SEC. 146. There shall be maintained in the city of Santa Public Barbara free public libraries and reading-rooms as provided library. for by an act of the legislature of this state, entitled "An act to establish free public libraries and reading-rooms," approved

Public library.

Claims and demands against city.

April twenty-sixth, eighteen hundred and eighty, and such other acts of the legislature as may be amendatory thereof or supplemental thereto.

SEC. 147. The public library and reading-room created and existing under the provisions of said act, and known as the "Santa Barbara free public library," is hereby continued in existence, and shall be free of access to all residents of said city and the general public, subject to such rules and regulations for the government and management thereof as may from time to time be adopted by the board of trustees thereof.

SEC. 148. The board of trustees thereof shall consist of five members, to be elected at the regular municipal election, and shall hold office for two years, or until their successors are elected and qualified.

ARTICLE XIV.

CLAIMS AND DEMANDS.

SEC. 149. All claims and demands whatever against the city of Santa Barbara, except salaries, interest coupons on bonds, and bonds of the funded debt, shall be paid only on demands as herein provided for.

SEC. 150. Said demands, except demands payable out of the library fund and fire department fund, shall be presented to the council on forms or blanks to be provided by the city clerk, and shall be referred to its committee on finance. The said committee shall, by its indorsement thereon, approve or reject the same in whole or in part. The council shall then consider the said demands and the action of said committee thereon, and shall, if the same be just and legal, approve the same; but may, if it so determine, approve in part or reject the whole. The action of the council shall be indorsed thereon, with the date of such action, and certified with the signatures of the mayor and city clerk.

SEC. 151. All demands approved by the council shall be delivered to the city clerk, who shall thereupon draw a warrant therefor upon the city treasurer, which shall be signed by the mayor and countersigned by the city clerk.

SEC. 152. No demand can be approved, audited or paid unless it specify each several item, with the date and amount thereof, nor unless it be subscribed by the claimant or his, her or its agent, and sworn to before some officer authorized to administer oaths.

SEC. 153. No payment can be made from the city treasury or out of the public funds of said city unless the same be specially authorized by law or this charter, nor unless the demand which is paid be duly audited as in this charter provided. The term "audited" as used in this charter with reference to the demands upon the treasury is understood to mean that said demands have been presented to, passed upon and approved as herein provided, and this must appear upon the face of the paper representing the demand or else it is not audited.

SEC. 154. The city clerk must number and keep a record of Claims and all demands on the treasury which have been duly approved, demands showing the number, date, amount, the name of the original city. and present holder, on what account allowed and out of what fund payable.

SEC. 155. Every lawful demand upon the treasury, duly audited as in this charter required, shall in all cases be paid on presentation, and canceled, and the proper entry thereof be made, if there be sufficient money in the treasury belonging to the fund out of which it is payable; but if there be not sufficient money belonging to said fund to pay said demand, then it shall be registered in a book kept by the treasurer for that purpose, showing its number, when presented, date, amount, name of original holder, on what account allowed, and out of what fund payable, and being so registered shall be returned to the party presenting it with an indorsement of the word "registered," dated and signed by the city treasurer. All registered demands shall be paid in the order of their registration, and shall bear interest at the rate of five per cent per annum from date of such registration.

SEC. 156. All public moneys collected by any officer or employé of the city shall be paid into the said treasury without any deduction on account of any claim for fees, commissions, or any other cause or pretense, and the compensation of any officer, employé, or other person so collecting money shall be paid by demands upon the treasury, duly audited as other demands are audited and paid.

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SEC. 157. No suit shall be brought upon any claim for Suits upon money or damages against the city of Santa Barbara, until the demands. demand for the same has been presented as herein provided, and rejected in whole or in part. If rejected in part, suit may be brought to recover the whole. Nor shall suit be brought against said city upon any such claim or demand if the same shall be in whole approved and audited as provided herein; provided, that nothing herein contained shall be construed so as to deprive the holder of any demand of his right to resort to, or right to maintain any other proceeding against the said council or any board or officer of said city to compel them or him to act upon said demand or claim, or to pay the same when so audited.

ARTICLE XV.

MISCELLANEOUS PROVISIONS.

and privileges to be sold to highest

SEC. 158. All grants of franchises or privileges by the Franchises council shall be awarded to the highest bidder in pursuance of the general laws of this state, nor shall any such franchise or privilege have any validity unless the person or persons to bidder. whom the same is made shall, within six months thereafter, actually and in good faith, commence the exercise or enjoyment of the same; provided, that where condemnation of property is necessary, condemnation proceedings commenced and diligently prosecuted shall be deemed the exercise of the

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