Wards,

boundaries

of.

each ward, who shall be electors of the wards from which they are chosen, which Mayor and Common Councilmen shall hold their office for two years, and until their successors are duly elected and qualified. There shall be elected at the charter election, held on the second Monday in April, A. D. one thousand eight hundred and seventy-six, a City Assessor, who shall be City Clerk, and a City Treasurer, who shall be City Collector, who shall hold their office for two years, and until their successors are elected and qualified, who shall be elected biennially thereafter. The officers of the present town government shall continue in office, under this charter, with such powers and duties as are herein prescribed, until their successors are elected and qualified; and nothing herein contained shall be construed to release any person holding office in said town, from any personal liabilities which they may have incurred by any of their official acts.

SEC. 4. The city shall be divided into four wards, bounded as follows: That portion of the city beginning at the mouth of the San Lorenzo River; thence following up the middle of said river to a point on the produced line of Laurel Street; thence along said line to the middle of Pacific Avenue; thence northerly along Pacific Avenue to the middle of Water Street; thence along the middle of Water Street easterly to the middle of the San Lorenzo River; thence along the middle of the said river northerly to the north boundary of the said corporation; thence easterly along said boundary to the northeast corner thereof; thence along the east boundary of said corporation southerly to the place of beginning, shall be and constitute the First Ward. That portion of the city beginning at the junction of Pacific Avenue with Locust Street; thence westerly along the middle of Locust Street to Mission Street; thence southerly along Mission Street to Mill Street; thence westerly along Mill Street to where it leaves the boundary of the Rancho Tres Ojos de Agua; thence to and along the southerly boundary of said rancho to the northwest corner thereof; thence along the southeasterly boundary of the lands of Davis and Cowell, northeasterly to the north boundary of the said corporation; thence along said corporation boundary easterly to the middle of the San Lorenzo River; thence down the middle of the San Lorenzo River to the middle of Water Street; thence along Water Street to Pacific Avenue; thence along Pacific Avenue to the place of beginning, shall be and constitute the Second Ward. That portion of the city beginning at the junction of Locust Street with Pacific Avenue; thence westerly along the middle of Locust Street to Mission Street; thence along the middle of Mission Street, southerly to Laurel Street; thence easterly along Laurel Street to Chestnut Street; thence southerly along Chestnut Street to Bay Street, thence south forty-five degrees east six chains; thence due south to the south boundary of said corporation; thence easterly along said boundary to the southeasterly corner of said corporation; thence northerly along said boundary to the mouth of the San Lorenzo River; thence due west to

the middle of said river at the corner of First Ward; thence up the middle of said river to a point on the produced line of Chestnut Street; thence along said line to Pacific Avenue; thence along Pacific Avenue to the place of beginning, shall be and constitute the Third Ward. That portion of the city beginning at the junction of Chestnut Street and Bay Street; thence along Chestnut Street to Laurel Street; thence along Laurel Street to Mission Street; thence along Mission Street to Mill Street; thence along Mill Street to where it leaves the boundary of the Rancho Tres Ojos de Agua; thence to and along the southerly boundary of the Rancho Tres Ojos de Agua to the northwest corner thereof; thence along the southeast boundary of the lands of Davis and Cowell, northeasterly to the north boundary line of said corporation; thence along the said north boundary westerly to the northwest corner thereof; thence along the west boundary of said corporation to the southwest corner thereof; thence along the south boundary of said corporation to the southwest corner of the Third Ward; thence northerly along the westerly boundary of said Third Ward to the place of beginning, shall be and constitute the Fourth Ward.

called;

holding.

SEC. 5. It shall be the duty of the Mayor and Common City elecCouncil to call all city elections, to designate the time and is, how place of holding the same-giving at least ten days' notice manner of thereof and for each ward they shall appoint one Inspector and two Judges of Election, residents of their respective wards, who, together with two Clerks to be appointed by them, shall take the oath of office prescribed by law for Inspectors, Judges, and Clerks of State and county elections, and all provisions of law regulating elections for State and county officers shall apply, as far as practicable, to elections under this charter. The polls for all elections shall be opened at nine o'clock A. M., and shall not be closed until sundown of the same day. In case any of the officers so designated shall fail to attend, those attending, with the electors assembled, shall fill their places by appointing other competent persons from among the qualified electors present; and all returns of city elections shall be made out and signed by the officers of such election, in the usual form, and deposited with the City Clerk, and the persons having the plurality of the votes cast for each of the respective officers voted for shall be declared duly elected; and no person who is not a qualified voter shall be eligible to any office under this charter, nor shall any person be entitled to vote at any city election, unless he be an elector for State and county officers, and shall actually have resided within the ward in which he claims his vote thirty days next preceding such election.

SEC. 6. The Mayor and Common Council shall meet Canvass of within five days after any election, and canvass the returns returns. and declare the result, and when two or more persons for any office have any equal and highest number of votes, the Common Council shall decide the election by a plurality vote of their own Board. Should any of the officers elected fail to qualify and give the bond required, within the period of ten

Regular meetings of Common

conducted.

days after their election, the office shall be vacant, and shall be filled as hereinafter provided.

SEC. 7. The Mayor and Common Council shall hold their regular meetings on the first Monday in each month. A Council, how majority of all the members elected shall be a quorum; and a less number may adjourn from time to time, and may compel the attendance of absent members. The Mayor shall preside at all meetings of the Common Council, but shall be entitled to no vote unless in case of a tie. In the absence of the Mayor at any regular, or adjourned, or called meeting of the Common Council, if three members are present, they may choose one of their own number to preside at such meeting, and all acts of their presiding officer shall have the same validity as if presided over or done by the Mayor. Every order made and ordinance passed by the Mayor and Common Council, in order to have legal force, must receive not less than three votes, and the approval of the Mayor; or if he fail or refuse to approve the same within ten days after its passage, to render such order or ordinance valid it must receive the votes of three of the Councilmen.

Vacancies in office, how

filled.

General
powers of
Common
Council.

SEC. 8. If at any time either or any of the officers created in this Act shall, from sickness, absence, or from any other cause, neglect or refuse to perform the duties of his office for a period of three consecutive months, his office shall be declared vacant by the Common Council. Any vacancy occurring in any of the offices created by this Act shall be filled by the Mayor and Common Council, by appointment or by special election called for that purpose, until the next regular election, when the vacancy shall be filled by the qualified electors of said city; but the person thus elected shall hold office only for the balance of such unexpired

term.

SEC. 9. The Common Council may adopt rules for its proceedings, shall judge of the qualifications of its members, keep a journal of its proceedings, compel the attendance of its members, and punish for disorderly conduct; and for such conduct may expel a member by a three-fourths vote. It shall have power to remove for good and sufficient cause, and after notice to the party accused, by a three-fourths vote, with the Mayor's approval, any and all city officers, whether elected or appointed, and to fill any vacancies so caused; to pass all proper and necessary laws for the regulation, improvement, and sale of lands and other property of the city, except the sale and disposal of the public squares; to construct public buildings and other structures, by contract to the lowest bidder, in such manner as may, to the said Common Council, seem best; to license all and every kind of business authorized by law, and transacted or carried on in said city; to fix the rates of license tax upon such business; to purchase, hold, and maintain fire-engines and all implements for the prevention and extinguishment of fires; to organize and maintain a fire department, and establish fire limits; to construct wells, and cisterns, and aqueducts to supply the city with water; to lay out, alter, open, vacate, improve, cleanse, water, and repair streets and sidewalks; to

construct sewers and drains; to improve the rivers and General streams flowing through the city, or in the vicinity thereof, in powers of order to facilitate the drainage thereof, and to protect the city Council. from overflow; to cause obstructions to be removed from the channels; to raise embankments, and to widen, straighten, and deepen said channels; to repair any property of the city; to create and establish a city police, to prescribe their duties and compensation, and to provide for the regulation and government of said police; to regulate for the protection of health, cleanliness, ornament, peace, and good order of the city; to define, prevent, and remove nuisances; to establish prisons; to provide for the care and regulation of prisoners, for the employment of vagrants and prisoners upon the public streets or works of the city; to prohibit and suppress gambling-houses and houses of ill-fame, all indecent and immoral amusements and exhibitions; to regulate the location of slaughter-houses, markets, and houses for the storage of gunpowder and other combustible and explosive substances; to prohibit the establishment and maintenance. of such slaughter-houses within the limits of the city; to impose and appropriate fines, penalties, and forfeitures for any and all violations of city ordinances; and for a breach or violation of any city ordinance may fix the penalty by fine or imprisonment; but no such fine shall exceed one hundred dollars, or such imprisonment for a term exceeding thirty days for any offense; or may provide for sentence to labor on the streets or public property of the city, within the city; to pass such ordinances, resolutions, and by-laws for the regulation of the police and entire government of said city, as may not be inconsistent with the provisions of this charter, or with the Constitution and laws of the State or of the United States; and any violation of any lawful order, regulation, or ordinance of the Mayor and Common Council of the City of Santa Cruz, is hereby declared a misdemeanor; and all prosecutions for the same may be in the name of the people of the State of California.

SEC. 10. The Common Council shall not create, audit, or Limitation allow, or permit to accrue, any debt or liability above the of powers. actual revenue or available means in the treasury, that may be legally apportioned and appropriated for such purpose; nor shall any warrant be drawn, or evidences of indebtedness be issued, unless there shall be sufficient money in the treasury legally applicable to meet the same, except as hereinafter provided.

against the

SEC. 11. Every claim and demand that shall arise against Claims the City of Santa Cruz shall be filed with the City Clerk, city. and presented to the Common Council, and, if found correct, shall be allowed and ordered paid by a majority vote of the Councilmen elected; and, when so allowed, shall be presented to the Mayor for approval; and if he approve such allowance, he shall indorse his approval upon such claim or demand; and if he fail or refuse to approve such allowance within ten days, the said claim or demand, in order to render the same payable, must be allowed and

Council may

tax.

ordered paid by the votes of three Councilmen. Upon the allowance of any claim or demand, as in this section provided, the Mayor shall draw his warrant (countersigned by the City Clerk) upon the City Treasurer, in favor of the owner or owners, specifying for what purpose, and by what authority it is issued, and out of what fund it shall be paid; and the Treasurer shall pay the same out of the proper fund; provided, however, that if said public moneys shall be in the hands of any special depositary, as hereinafter provided, the order shall be drawn upon such depositary as hereinafter required.

SEC. 12. At each regular meeting of the Common Counorder special cil they shall inquire into the condition of the streets, sewers, bridges, and fire department, and all other property of the city, and whenever the owners of a major part of the taxable property of the city, according to its valuation upon the last preceding assessment roll, shall make written application to the Mayor and Common Council for an expenditure of not exceeding ten thousand dollars for any purpose authorized by this Act, in excess of the revenue of the city for such purpose, in the then fiscal year, the Mayor and Common Council shall have the power, after having caused such application to be spread upon their minutes, to incur such expenditure, although in excess of the revenue of the city for the then current fiscal year, and shall provide for the payment of the same, as directed in said application, by the levy of a special tax for the same or the succeeding fiscal year; provided, that the special tax thus to be levied shall, for no one year, be more than one-half of one per cent. upon the valuation of the real and personal property, as shown by the last assessment roll. All special taxes ordered to be levied and collected shall be so levied and collected in the manner, form, and ways prescribed for the levying and collecting of the general taxes of said city.

City taxes, how levied and col

lected.

Taxes, for what purpose

SEC. 13. The Common Council shall have power, and it is hereby made their duty, to provide by ordinance for the levying and collecting of all city taxes, and in so doing shall be governed by the State laws in reference to the levying and collecting of State and county taxes as far as applicable, and all sales and conveyances of property made and executed for the non-payment of delinquent taxes shall have the same force and effect as when made and executed for the non-payment of delinquent taxes levied for State and county purposes, and every tax levied by said Common Council, under the provisions of this Act, or of any former Act, which was in force and effect, and which may become repealed by the provisions of this Act, is hereby made a lien against the property assessed, which lien shall attach on the first Monday in May in each year, and shall not be satisfied or removed until the taxes are all paid, or the property has absolutely vested in a purchaser under a sale for taxes.

SEC. 14. The Common Council shall levy, annually, a tax employed. upon the real and personal property within the city. Such levy shall be estimated upon the assessment roll of the preceding year, and shall be for the following purposes and