Subjects of legislation.

Eighth-To prohibit and suppress gambling and gambling houses, lewdness and houses of ill-fame, and all indecent and immoral amusements and exhibitions.

Ninth--To prohibit the storage of gunpowder, oils, or other combustible substances in quantity.

Tenth-To regulate hospitals, pest-houses, and slaughterhouses, and to provide for their removal or discontinuance. Eleventh-To provide cemeteries and regulate their manage

ment.

Twelfth-To establish and regulate a public pound.

Thirteenth-To provide a city prison, and require that prisoners undergoing sentence for misdemeanor shall perform such labor as may be prescribed.

Fourteenth-To construct and repair sewers, public buildings, and structures.

Fifteenth-To repair, clean, sprinkle, widen, straighten, and improve streets and sidewalks, and to open and close up streets. Sixteenth-To impose, collect, and appropriate fines, penalties, and forfeitures for the commission of misdemeanors; but no penalty for the violation of an ordinance shall exceed the sum of one hundred dollars or imprisonment exceeding thirty days. The violation of any lawful order, resolution, or ordinance made by the Mayor and Common Council, or by any board or department of the city, shall constitute a misdemeanor, and shall be prosecuted in the name of the people of the State of California.

Seventeenth-To grant franchises, but there must be exacted for each franchise granted a certified check in an amount to be determined by the Common Council, to be forfeited to the city upon the failure to begin and finish the work required by the franchise.

Eighteenth-To maintain public schools and free public

libraries.

Nineteenth-To sell or otherwise dispose of any or all the property of the city; provided, that none of said property shall be mortgaged or hypothecated for any purpose. No park or reservation shall be sold or leased, except a portion of the city reservation, or Alum Rock Park, may be leased for hotel purposes only, not exceeding two and one half acres, for a term of not more than twenty-five years, but no such lease shall in any manner restrict or interfere with the free use of the waters and grounds of the park by the public. The lessee shall be required by the terms of the lease to erect hotel buildings at a cost of not less than twenty-five thousand dollars. Said lease shall further provide that the premises leased and the business conducted thereon shall at all times be subject to such rules and restrictions as may be prescribed by the Park Commissioners. Any violation of the conditions of said lease shall constitute a forfeiture thereof, and the Mayor and Common Council shall enforce such forfeiture by proper proceedings.

Twentieth-To prescribe by ordinance the duties of all officers whose duties are not defined by this charter, and to prescribe for any officer duties other than those herein prescribed.

Twenty-first-To pass all orders, resolutions, and ordinances necessary or proper to a complete execution of the powers vested by law or inherent in the municipality.

ARTICLE IV.

REVENUE.

tion.

SECTION 1. On or before the last Monday in July in each Revenue year the City Clerk shall transmit to the Mayor and Common and taxaCouncil, accompanied with the estimates and reports of each department, an estimate of the probable necessities of the city government for the fiscal year, stating the amount required to meet the interest and principal on all bonded or funded indebtedness of the city, together with the amount needed for the salaries and probable wants of all the departments of the municipal government in detail, showing specifically the necessities of each fund in the treasury. Such estimate shall also show what amount of income and revenue will probably be collected from fines, licenses, and other sources of revenue, exclusive of taxes upon property, and what amount will probably be required to be levied and raised by taxation in order to meet the necessities of each specific fund for such fiscal year. SEC. 2. The Mayor and Common Council shall have full Maximum power and authority to assess and levy and collect taxes upon all taxable property in the city; provided, the maximum rate of taxation shall not exceed in any one year $1 upon each $100 valuation of property assessed, exclusive of the amount necessary to pay the principal and interest on the bonded indebtedness of the city.

rate.

collection of taxes;

officers to

SEC. 3. The Mayor and Common Council, on or before the Levy and first Monday of February, 1898, and annually thereafter while any valid law exists for the assessment and collection of city county taxes by officers of the County of Santa Clara, shall pass an act. ordinance electing to avail the City of San José of the provisions of an Act entitled "An Act to provide for the levy and collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the State of California, except municipal corporations of the first class, and to provide for the consolidation and abolition of certain municipal offices, and to provide that their duties may be performed by certain officers of the county, and fixing the compensation to be allowed for such county officers for the service so rendered to such municipal corporations," approved March 27, 1895, and shall cause a certified copy of such ordinance to be filed with the Auditor of said County of Santa Clara. If said Act shall be amended, or some other law be substituted in its stead, providing for the assessment and collection of city taxes by county officers, the Mayor and Common Council shall conform to the provisions of such amended Act or such law, in order to avail the city of the privilege of having its taxes assessed and collected by such county officers.

Until an ordinance shall be passed as aforesaid, to avail the

and City Treasurer

tax officials.

City Clerk city of the privilege of having its taxes assessed and collected by the officers of said county, the City Clerk shall be ex officio temporary Assessor; the City Treasurer in office when this charter is adopted shall be ex officio Tax Collector until the expiration of his term for which he was elected; they shall perform respectively the duties and have all the powers prescribed by law or ordinance for Assessors and Tax Collectors. While the city avails itself of the privilege of having its taxes assessed and collected by the county officers, the offices of City Assessor and City Tax Collector shall be abolished, but may be restored by ordinance when it becomes necessary or expedient so to do.

Council

vide for

etc.

The taxes so levied and collected shall be apportioned by the Treasurer to the several specific funds.

SEC. 4. Subject to the provisions of Section 3 of this article, shall pro- the Mayor and Common Council shall have power, and it is collection, hereby made their duty, to provide by ordinances 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. Said taxes so levied shall be a lien against the property assessed, and said lien shall attach as of the first Monday of March, at 12 M. of each year.

Special election

bonds.

SEC. 5. Whenever the Mayor and Common Council shall, by ordinance, determine that the public interest or necessity for issue of demands the acquisition, construction, or completion of any municipal improvement, the cost of which would be too great to be paid out of the ordinary annual income and revenue of the city, the Mayor and Common Council is hereby given the power and authority to call a special election, and submit to the qualified voters of the city the proposition of incurring indebtedness to pay the cost of such improvement set forth in said ordinance. If said proposition be accepted by a twothirds vote of the qualified electors voting at such election, the Mayor and Common Council may issue bonds of said city in evidence of said indebtedness; provided, that such indebtedness, together with the unpaid and outstanding bonded indebtedness actually existing at the time such proposition is submitted to said voters, shall not exceed five hundred thousand dollars.

Limit to expenditure.

Chapter I.

ARTICLE V.

SECTION 1. It shall not or any department of the

FINANCE.

Limit to Expenditure.

be lawful for the Common Council, city government having power to incur, authorize, or contract liabilities against the treasury, to incur, authorize, or contract any expenditure or demand against

any of the specific funds in the treasury which, taken with all other expenditures, indebtedness, or liability made or incurred up to the time in the quarter of making or incurring the same, shall exceed one-fourth part of the money provided for such expenditure, indebtedness, or liability (actually collected and paid into the treasury) as and for the income and revenue for the fiscal year in which such liability, expense, or demand is incurred, and apportioned to the specific fund to be charged therewith.

expended

SEC. 2. If at the end of any quarter any money remains Funds ununexpended in any of the specific funds, and which might at end of lawfully have been expended during such quarter, such unex- quarter. pended sum or sums, except so much thereof as may be requisite to pay all unpaid claims upon such specific fund that are outstanding, shall be carried forward in the same specific fund and expended by order of the Common Council, or of the department having the fund in charge, in any succeeding quarter of the same fiscal year, but not afterwards, except in payment of claims lawfully incurred during such fiscal year.

void.

SEC. 3. All contracts, appropriations, allowances, payments, Contracts, or liabilities to pay made in violation of the provisions of this etc. when chapter shall be absolutely void, and shall never be the foundation or basis of a claim against the treasury. All members of the Common Council and of each board and department of the city government are charged with notice of the condition of the treasury, and of the extent of the demand against the same, and any member violating the provisions of this chapter shall forfeit the office which he holds, unless he was not present when such liability was incurred, or if present, caused his dissent therefrom to be entered on the minutes at the time.

may be

SEC. 4. In case of great calamity, casualty, or other unfore- When seen occurrence, by which the enforcement of the provisions of provisions this chapter would be detrimental to the public interests, the suspended. Common Council, or any board or department of the city, by unanimous vote of the members constituting the Common Council or such board or department, may, by resolution, specifying the reasons, suspend the operation of the provisions of this chapter for a period not exceeding three months; but such resolution shall have no effect unless the Mayor indorse his approval thereon.

SEC. 5. The operation of the provisions of this chapter same. requiring the revenue for the fiscal year to be actually paid into the treasury before any expenditure can be made or liability incurred against any specific fund shall be suspended, if at the beginning of the first fiscal year after the adoption of this charter there shall not be sufficient money in said several funds, added to what would be available from other sources, to meet all legal demands against the treasury for the first five months of said fiscal year. In such case the Mayor and Common Council shall create a fund to be known as the cash-basis Cash-basis fund. fund, for the purpose of putting the payment of the running expenses of the city government upon a cash basis, and to be used for no other purpose, and annually thereafter until the

purpose for which said fund was created has been accomplished, shall, at the time of levying other city taxes, levy not less than five cents on the one hundred dollars assessed valuation of property for such fund. This tax of five cents shall be within the one-dollar limit fixed by this charter in Section 2 of the article on revenue. The money thus collected shall be allowed to accumulate in said fund until it shall be sufficient, together with the money already in said specific funds, to meet all legal demands against such funds for the first five months of the next succeeding fiscal year. At the beginning of said fiscal Treasurer year the Mayor and Common Council shall direct the Treasurer to apportion, and the Treasurer shall apportion the money in said fund to the several specific funds in like manner as other moneys are apportioned. When the money in said fund is so apportioned, said cash-basis fund shall be abolished, no further levy as provided in this section shall be made, and the said suspended provisions of this chapter shall thereafter become and continue in full force and effect.

to appor

tion funds.

Claims to

SECTION 1.

Chapter II. Payment of Claims.

Every claim and demand against the city, except be verified. bonds, coupons for interest, claims payable from the school fund, or from funds not controlled by the Mayor and Common Council, shall be verified and filed with the City Clerk, specifying in detail the goods furnished, the service performed, or other basis of the claim, and by what authority the goods were furnished or the service performed, giving date of the same, and the amount of the claim.

Allowance

SEC. 2. After allowance by the Common Council, the City of claims. Clerk shall present such claim or demand to the Mayor, who, within five days thereafter, shall indorse thereon or annex thereto his approval or disapproval and return it to the City Clerk. The Mayor may approve a claim in part, but where a claim is disapproved in whole or in part, the reasons of the Mayor must be given in full. The Common Council, by the affirmative votes of four of its members, may allow a claim or such portion of a claim as the Mayor has disapproved, but not otherwise.

Warrant.

Claims must be verified

and approved.

SEC. 3. Upon the allowance of any claim a warrant shall be drawn on the City Treasurer in favor of the person to whom the allowance was made, specifying for what the warrant is drawn, the fund out of which it is to be paid, and that it can be paid only from the money actually collected and in the fund. The warrant shall be signed by the Mayor and countersigned by the City Clerk.

SEC. 4. Every claim against funds in the city treasury which may have been incurred or authorized by the Board of Education, the Board of Police and Fire Commissioners, the Board of Health, the Board of Park Commissioners, or the Trustees of the Free Public Library shall be verified and presented to the board incurring or authorizing the indebtedness, who shall approve or disapprove the claim. It shall require