City officer must not hold any

franchise or privilege. Whenever any franchise or privilege shall have been in disuse, in whole or in part, for the period of one year, there being no legal impediment to the use thereof, it shall be deemed abandoned and forfeited to the extent of such disuse, and said franchise or privilege, or the part thereof, so in disuse, shall no longer be used or enjoyed. When, in the exercise of any franchise or privilege, use has been made in any way of any street or alley of the city, such street or alley shall be put in good repair, and the materials or obstructions which have been placed therein in the exercise of such franchise or privilege shall be removed therefrom, at the expense of the person or company who has held such franchise or privilege, whenever the franchise or privilege is abandoned or falls into disuse.

SEC. 159. Any person, except as otherwise in this charter provided, holding a salaried office under this city, whether by other office election or appointment, who shall during his term of office hold or retain any lucrative office under the government of the United States or of this state or of the county of Santa Barbara, shall be deemed thereby to have vacated the office held by him under the city government. No person holding any office under the city government shall be eligible to election or appointment to any other office under said city government.

Member of council not to be

SEC. 160. No member of the council, or of any board provided for by this charter, and no officer or employé of the city, interested shall be or become directly or indirectly interested in any con

in con

tracts.

No city officer to be

surety on bond.

tract, work or business, the consideration, price or profits of which are payable in whole or in part from the city treasury or school funds and are determined or in any way directly affected by any official act of said council, board, officer or employé, or in the sale of any article the price of which, or the purchase of which by or for the city, or by or for the public schools thereof, depends directly or indirectly upon any official act of such council, board, officer, or employé. No member of the council or of any board provided for by this charter and no officer or employé of this city having any authority or power relating to or affecting the granting of any franchise, right or privilege, shall be or become directly or indirectly interested in any such franchise, right or privilege. Any member of the council or of any board herein mentioned and any officer or employé of the city violating the provisions of this section shall forfeit his membership or office or employment; and all contracts made, or rights, franchises or privileges granted in violation of this section shall be absolutely void.

SEC. 161. No officer of the city shall be or become a surety on any bond given to the city, or to any person for the benefit of the city, nor shall any officer or employé of the city give, or promise to give, any person any portion of his compensation, or any money, or thing of value, or any position, in consideration of having been or being nominated, appointed, voted for, or elected, to any office or employment under the city. No officer of the city shall, while in office, accept any donation or gratuity in money or in anything of value, either directly or indirectly,

from any subordinate employé, or from any candidate or applicant for any position under him. Any person violating the provisions of this section shall forfeit his office and employment under the city, and be forever disqualified from holding any position in the service of the city.

records

SEC. 162. All books and records of every officer and depart- Books and ment shall be open to the inspection of any citizen at any open to time during business hours. Copies and extracts from such inspection. books and records, duly certified, shall be given by the officer having the same in custody, to any person demanding the same, upon paying or tendering ten cents per folio of one hundred words.

repairs.

SEC. 163. All streets, lanes, alleys, places and courts in said Street city now open and dedicated, or which may hereafter be opened and dedicated to public use, shall be kept in repair, so that the same shall be in good passable condition; and it shall be the duty of the street superintendent to keep all said streets, lanes, alleys, places and courts within the city limits in good repair, at the expense of the city.

must be

SEC. 164. No office shall be created in addition to those offices provided for by this charter, unless by ordinance regularly created by adopted by the council. Whenever in the judgment of the ordinance. council no necessity exists for the continuation of any appointive office created or provided for by this charter, said council, by an ordinance for that purpose, may discontinue such office; provided, however, the council shall not have power to abolish or discontinue the office of chief of police or the office of city engineer.

citizens.

SEC. 165. All officers, deputies, clerks, and assistants, of the officers city, and of the several departments thereof, must be citizens must be of the United States, and during their respective terms of office or employment must reside in the city, and where not otherwise provided for must, with the exception of the city superintendent of schools and teachers of the public schools, have been residents of the city one year next preceding their election or appointment. They, and each of them, shall perform such duties as may be required of them, respectively, by law, ordinance, or this charter, and shall only receive such compensation as may have been previously provided, and such compensation shall not be increased during the term of their respective offices or employment, except as in this charter provided.

without

feiture of

SEC. 166. If any officer of the city shall remove from the Absence city, or absent himself therefrom for more than thirty days, permission consecutively, without the permission of the council, or shall works forfail to qualify by taking the oath of office and filing his official office. bond, whenever such official bond is required, within time required by this charter; or shall resign, or be convicted of felony or of malfeasance in office, or be adjudged insane, his office shall be and become vacant, and such vacancy shall be filled as in this charter provided.

SEC. 167. All books, papers, plats, charts, records, files, Books, etc. and stationery, made or made use of, by any officer or employé city prop

erty.

No removals for

of the city, in the performance of his official duties, shall be deemed and considered as belonging to the city, and shall be delivered to his successor in office, who shall give duplicate receipts in writing therefor, one of which receipts shall be filed with the city clerk.

SEC. 168. No officer or employé in any department of the city government shall ever be removed on account of his or political political or religious opinions.

religious

reasons.

Special

SEC. 169. Whenever special meetings are called by the council, board of education, or any other board of the meetings. municipality, notice thereof shall be served on each member personally, or by mail, addressed to him at his place of residence; if personally, at least one day before the meeting, and if by mail, the notice, postpaid, shall be deposited in the post office of the city at least two days before the time of meeting. At such special meeting no subject shall be considered except that specified in the notice.

Ordinances

continued in force.

First election.

Charter takes effect.

Ordi

nauces

must be

effect.

SEC. 170. All ordinances, rules, resolutions, and other regulations of the city of Santa Barbara, in force at the time this charter takes effect, and not inconsistent therewith, shall continue in force until amended or repealed. All offices of the city heretofore existing shall, unless expressly continued by this charter, cease to exist at the time that this charter takes effect, and shall be supplanted by the offices herein provided for, and the incumbents of the offices so abolished shall surrender to the officers having like powers and duties, as provided by this charter, all moneys, bonds, contracts, books, accounts, records, files, furniture, and property of the offices so abolished. No business pending before any department or officer of the city at the time this charter takes effect shall be considered as lost, discontinued, or abandoned by reason thereof, but the same may be taken up, transacted and completed before the proper department or officer provided for by this charter.

SEC. 171. The council of the present city of Santa Barbara shall provide for the holding of the first election of officers under this charter; shall canvass the vote, declare the result, and approve the bonds of all officers elected at such election.

SEC. 172. This charter, except as to elections herein provided for, shall go into effect on the first Monday of January, nineteen hundred.

SEC. 173. No ordinance shall be suspended in its operation with respect to any person or persons, or corporation, nor shall general in any license or privilege be granted inconsistent with any ordinance; but all ordinances and resolutions purporting to grant such license or privilege, or to suspend the operation of any ordinance with respect to any person or persons or corporation, shall be void and shall not be available in defense of any action or proceeding to enforce obedience to such ordinance or punish the violation thereof.

"Charter" defined.

SEC. 174. The word "charter" wherever used herein shall be so construed as to include any amendment to this instrument which may be adopted hereafter.

ARTICLE XVI.

charter.

SEC. 175. The common council may, on its own motion, Amendand must, upon the petition of electors of the city equal in number to twenty-five per cent of the voters at the last preceding city election, submit any proposed amendment to this charter, at intervals of not less than two years, to the qualified electors of the city at a general or special election held at least forty days after the publication of such proposals for twenty days in a daily newspaper of general circulation in the city, and such proposed amendments, if ratified by three fifths of the electors voting thereat, shall be submitted to the next session of the legislature for approval.

CERTIFICATE.

BE IT KNOWN, That the city of Santa Barbara, a city con- Certificate taining a population of more than three thousand five hundred, of board of and less than ten thousand inhabitants, on the fourth day ers. of April, eighteen hundred and ninety-eight, at a general municipal election, and under and in accordance with the provisions of section eight, article eleven of the constitution of the state of California, did elect B. F. Thomas, J. W. Taggart, A. Goux, A. M. Ruiz, A. Ott, R. F. Winchester, A. W. Buell, C. E. Bigelow, John F. Diehl, R. B. Canfield, C. E. Sherman, J. N. Hiller, George S. Edwards, W. A. Fiske, and H. G. Crane, a board of fifteen freeholders, to prepare and propose a charter for said city; and we, the members of said board, in pursuance of said provisions of the constitution, and within a period of ninety days after such election, have prepared and do propose the foregoing, consisting of sixteen articles and one hundred and seventy-five sections, as and for the charter of the city of Santa Barbara.

In addition to the foregoing charter, the board of freeholders, pursuant to said provision of the constitution, also presents with said charter for the choice of the voters, and to be voted on separately, without prejudice to the other provisions and sections of said charter, two alternative propositions hereinafter stated and designated as alternative proposition number one and alternative proposition number two, respectively, one only of which shall become part of such charter.

Said alternative propositions shall be submitted for the choice of the voters at the same election at which the charter shall be submitted, and upon the ballots shall be printed:

"For alternative proposition number one," and "For alternative proposition number two."

Voters shall be entitled to vote for only one of said alternative propositions, and the alternative proposition receiving the greatest number of votes shall be thereby adopted and become section eighteen of the charter.

The said alternative propositions are as follows:

Mayor's

ALTERNATIVE PROPOSITION NUMBER ONE.

Section 18. The mayor shall be entitled to receive as his compensation for all his official duties the sum of six hundred dollars per annum, and each member of the council shall be entitled to receive for his services the sum of three hundred and sixty dollars per annum.

ALTERNATIVE PROPOSITION NUMBER TWO.

Section 18. The mayor and members of the council shall receive no compensation whatever for their services.

IN WITNESS WHEREOF, we have hereunto set our hands this thirtieth day of June, one thousand eight hundred and ninetyeight. (Done in duplicate.)

B. F. THOMAS.

J. W. TAGGART.
A. GOUX.

A. M. RUIZ.

A. OTT.

R. F. WINCHESTER.

A. W. BUELL.
C. E. BIGELOW.
JOHN F. DIEHL.
R. B. CANFIELD.
C. E. SHERMAN.

J. N. HILLER.

GEO. S. EDWARDS.
W. A. FISKE.

H. G. CRANE.

MAYOR'S OFFICE, STATE OF CALIFORNIA, certificate. County of Santa Barbara, City of Santa Barbara.)

SS.

I, Edmund M. Burke, mayor of the city of Santa Barbara, in the county of Santa Barbara, and state of California, do hereby certify that the board of freeholders whose names appear signed to the foregoing proposed charter were, on the fourth day of April, eighteen hundred and ninety-eight, at a general municipal election held in said city on said day, duly elected by the qualified voters of said city to prepare and propose a charter for said city; that each of said freeholders had been a qualified elector and freeholder of said city for more than five years previous to said election; that the foregoing is the duplicate copy of said charter prepared and returned to me as mayor by said board of freeholders within ninety days after said election, as required by section eight of article eleven of the constitution of said state; that such proposed charter was then published in one daily newspaper of general circulation in said city, to wit: the Morning Press (said city containing a population of over three thousand five hundred inhabitants, and less than ten thousand inhabitants), for more than twenty