meetings.

SEC. 10. Whenever special meetings of the common council Special are called, notice thereof shall be served on each member personally or by mail addressed to his place of residence; if by mail, the notice, postpaid, shall be deposited in the postoffice of the city at least twenty-four hours before the time of meeting. At such special meeting no subject shall be considered except that specified in the notice.

the

nuisances.

SEC. 11. If the owner of any lot within the limits of the Public city shall allow the same to become offensive or unsightly, common council shall have the power to declare the same as public nuisance, and upon notice being served upon the owner of said property to have the same cleared, and the order not being complied with, the common council shall order the superintendent of streets and public works to clear the same. Any expense incurred in the performance of this duty by the superintendent of streets and public works shall be charged against the property, and shall be collected by the tax collector the same as any other tax.

ARTICLE VI.

EXECUTIVE DEPARTMENT.

executive

SECTION 1. There shall be a mayor, who shall be the chief Chief executive officer of the city, who shall be elected and hold officer. office for two years. He shall have been a resident of the city for at least five years, and a qualified voter thereof.

powers and

SEC. 2. He shall vigilantly observe the official conduct of General all public officers, and take note of the fidelity and exactitude, auties of or want thereof, with which they execute their duties and obli- mayor. gations, especially in the collection, administration, and disbursement of the public funds and property; and the books, records, and official papers of all departments, boards, officers, and persons in the employ or service of the city, shall at all times be open to his inspection and examination. He shall take special care to see that the books and records of the said departments, boards, officers, and persons are kept in legal and proper form; any official defalcation or willful neglect of duty, or official misconduct which he may discover or which shall be reported to him, shall be laid by him before the common council, city attorney, or district attorney, in order that the public interests may be protected, and persons in default be proceeded against according to law.

One-He shall, from time to time, give the common council information in writing relative to the state of the city, and shall recommend such measures as he may deem beneficial to its interest.

Two-He shall see that the laws of the state, provisions of this charter, and the ordinances of the city are observed and enforced.

Three-He shall appoint a competent person or persons, expert in matters of bookkeeping and accounts, to examine the books, records, condition, and affairs of every department,

Mayor shall preside.

Sign warrants.

Conveyances.

May suspend officers.

Mayor pro

tem.

board, or officer, and report fully thereon, in writing, to him at least once in every year, and to enforce such examination. Any person refusing to submit to or permit such examination, or purposely delaying or impeding the same, must be suspended from the office by the mayor, and may be removed as for malfeasance in office, and he shall submit the report to the common council at the next meeting.

Four-He shall have a general supervision over all departments and public institutions of the city, and see that they are honestly, economically, and lawfully conducted.

Five-He shall take all proper measures for the preservation of public order, and the suppression of all riots and tumults, for which purpose he is authorized and empowered to use and command the police force; and if such police force is insufficient, it shall be his duty to call upon the citizens or the governor for military aid, in the manner provided by law, in order that such riots or tumults may be properly and effectively suppressed.

SEC. 3. The mayor shall preside at all meetings of the common council, and shall be entitled to vote only on questions coming before said common council when the votes of the said common council are evenly divided.

SEC. 4. The mayor shall sign all warrants ordered drawn by the common council; and shall sign all written contracts entered into by said city, on behalf of the city. All of said contracts shall be executed in duplicate, one copy thereof delivered to the party contracting with the city, and the other filed in the office of the city clerk for future reference.

SEC. 5. The mayor shall sign all conveyances made by the said city, and is authorized to acknowledge the execution of all instruments executed by the said city that require to be acknowledged.

SEC. 6. He shall see that all contracts and agreements with the city are faithfully kept and fully performed; and to that end shall cause legal proceedings to be commenced and prosecuted in the name of the city against all persons or corporations failing to fulfill their agreements or contracts, either in whole or in part. He shall have the general supervision of all said officers elected or appointed; he shall have power to suspend any elective city officer (except a member of the common council) for a dereliction, neglect, or non-performance of duty, and shall report the same to the common council. During such suspension the officer shall not be allowed a salary. If the common council, after a hearing, by affirmative vote of at least five members, approve the suspension, they shall declare the office vacant or continue the suspension for such time as they may deem proper, and such vacancy shall be filled by the mayor, subject to the approval of the common council.

SEC. 7. When and so long as the mayor is temporarily unable to perform his official duties, the common council shall elect one of their number to act as mayor pro tempore. When a vacancy occurs in the office of mayor, it shall be filled for the unexpired term by the common council, assembled for the

purpose. A member of the common council, during the term for which he shall have been elected or appointed, shall be ineligible to fill such vacancy.

SEC. 8. Every ordinance after it has passed the common Veto power council, shall be signed by the mayor. The mayor shall return such bill to the common council, or file the same with the city clerk within ten days after receiving it. If he sign the same it shall then become an ordinance, but if he disapprove the bill he shall state his objections thereto in writing. If the bill is not returned with such approval or disapproval within the time specified, it shall take effect as if he had approved the

same.

council on

SEC. 9. When an ordinance is returned without the approval Action of of the mayor, the common council shall, within thirty days vetoed thereafter, proceed to consider and vote on the same. If the bill ordinance. be again passed by an affirmative vote of not less than five members, it shall take effect as if the mayor had approved the same. If the bill fail, on being reconsidered, to receive five affirmative votes, it shall then be finally lost. The vote shall he taken by ayes and noes, and the result shall be entered in the minutes of the common council.

SEC. 10. The mayor and common council shall appoint all officers of the city whose election or appointment is not otherwise provided for in this charter or by law.

ARTICLE VII.

DUTIES OF OFFICERS.

City Clerk.

SECTION 1. The city clerk shall be elected and hold office City clerk. for two years. It shall be the duty of the city clerk to keep a record of the proceedings of the common council and the board of equalization. The council proceedings shall be kept in a book marked "records of the common council." The proceedings of the board of equalization shall be kept in a separate book marked "records of the board of equalization." He shall keep a book marked "city accounts," in which shall be entered all moneys received by the city for licenses and all other moneys received from all sources, and upon the debtor side shall be entered all warrants drawn upon the treasury. He shall enter the amount and kind of taxes levied and when levied. He shall also keep a book marked "tax collector's account," in which he shall charge the tax collector up with all tax lists delivered to him. He shall credit the tax collector with the delinquent lists returned. He shall keep a correct account of all tax lists and assessments and all taxes of every kind to be collected by the tax collector. The dates and amounts shall be correctly kept. He shall also keep a book marked "city ordinances," into which he shall copy all city ordinances, with his certificate annexed to said copy, stating the foregoing ordinance is a true and correct copy of the

Assessor and tax collector.

ordinance of the City of Santa Rosa, and giving the number and title of said ordinance, and stating that the same has been published according to law. Said record shall be prima facie evidence of the contents of the ordinance, and of its passage, approval, and publication, and the record thereof shall be received in all courts or tribunals as evidence without further proof. But the passage and publication may be proved by other satisfactory evidence. He shall properly index his records. He shall keep a book marked "demands and warrants," in which he shall make an entry of every demand filed against the city, and the final disposition thereof, whether allowed or not, giving number and date of warrant, if issued, and shall index the same upon the completion of the assessment roll of any of the taxes of the city and the levying of the tax; he shall apportion the taxes on the said roll, and shall make out and deliver all tax lists to the tax collector, taking his receipt therefor. He shall have power to administer oaths or affirmations, take affidavits and certify the same. He shall take the certified demands of the city without charge. He shall have charge of the seal of the city, on which shall be engraved the arms of the state and the words "City Clerk of the City of Santa Rosa." He shall make quarterly reports in writing, showing the receipts and expenditures during the quarter, and a full statement of the financial affairs of the city, at least once a year. He shall report oftener if the common council so require. It shall also be his duty to collect all licenses imposed by any ordinance of this city. He shall keep a separate book showing all licenses issued, to whom issued and what for. All licenses shall be payable at the office of the city clerk. He shall also perform all other duties required by law or the ordinances of the city.

City Assessor and Tax Collector.

SEC. 2. The city assessor shall be elected and hold office for two years. It shall be the duty of the city assessor, as soon after the first Monday in March of each year as practicable, to make a full, true, and correct statement of all of the taxable property within the city, owned or possessed by any person, board, or corporation, at twelve o'clock, noon, on the first Monday in March, of each year, and such additional taxable property as may be included within territory annexed to the city for school purposes; provided, that he may adopt the assessed valuation fixed by the county assessor for such property outside of the city limits and within the school district. He shall make out lists, giving the names of owners, and a description and value of the property, following the form as near as may be as required by the laws of the state governing county assessors. He shall make his assessment as near as may be in conformity to the laws of the state in relation to assessments by county assessors. All of said lists shall be verified by his oath, and shall be returned to the common council on or before the first Monday of July of each year. But no information shall invalidate said assessment. He shall have power to administer

oaths and to take affidavits. He shall, at the time of making the assessment, collect the taxes levied upon the personal property from all persons liable therefor, who shall not own or be assessed with real estate. He shall attend the sessions of the board of equalization, whenever requested by the board. It shall be his duty to collect all taxes in this charter provided. He shall account for all moneys collected or received by him. He shall receipt to the city clerk for all tax lists, tax receipts, tax books, and the total amount thereof. He shall diligently collect all taxes and properly account for all moneys belonging to the city received by him, and deposit the same with the city treasurer, taking his receipt therefor. The common council may by ordinance further define the duties of assessor and tax collector.

receipts.

SEC. 3. The city assessor and tax collector shall turn over Daily his receipts daily at the close of each day to the city treasurer, taking his receipt therefor. When acting as tax collector he shall have his office open between the hours of nine A. M. and three P. M. of each day, excepting Sundays and holidays, including the last day on which taxes shall become delinquent.

Judge of the Police Court.

police

SEC. 4. The judge of the police court shall be elected and Judge of hold office for two years. He shall have the same jurisdiction court; juin criminal cases which is conferred by the laws of the state risdiction. on justices of the peace, and all laws of the state relating to criminal matters applicable to justices of the peace of justice's courts are made applicable to the judge of the police court. The judge of the police court shall have jurisdiction over all cases for violation of the ordinances of the city, and shall have the power to impose fines upon or to imprison persons adjudged to be guilty of violating any of the ordinances of the city. The judgment may be in the alternative, imposing a fine or providing imprisonment for non-payment thereof. In such case such imprisonment shall be one day for each two dollars of the fine imposed. Persons adjudged to be guilty may be required to work out the fine by working upon the public streets or other public works of the city. In any case of imprisonment it shall be in the city prison or county jail of Sonoma county. Appeals may be taken to the superior court from any judgment entered by the judge of the police court in the same manner as is provided by law for appeals from justices' courts. All provisions of the Code of Civil Procedure, relating to appeals from justices' courts are applicable to appeals from the judgment of the judge of the police court. He shall have power to administer oaths, take and certify affidavits, in the same manner and with like effect as justices of the peace. He shall have a seal, Seal. on which shall be engraved the arms of the state and the words "Judge of the Police Court of the City of Santa Rosa." He shall have power to issue warrants, writs, summons, and they may be directed to the chief of police or to any sheriff or constable, who shall serve and return the same in all respects as if issued by a justice of the peace. He shall keep a docket. All fines Docket.