Eighth-To do and perform any and all other acts and things necessary or proper to carry out the provisions of this

act.

The Board of Library Trustees shall, on or before the first Monday in March in each year, make a report to the legislative body of their municipality, giving the condition of the Library on the first Monday in March, together with a statement of their proceedings for the year then ended, and forward a copy thereof to the State Library at Sacramento.

The City Council shall, in making the annual tax levy and Library tax as a part thereof, if the maintenance of the Library has not been otherwise provided for, levy a tax for the purpose of maintaining such Library and purchasing property necessary

therefor.

The revenue derived from said tax, together with all money acquired by gift, devise, bequest, or otherwise, for the purposes of the Library, shall be apportioned to a fund to be designated the "Library Fund," and be applied to the purposes herein authorized. If such payment into the treasury should be inconsistent with the terms of any such gift, devise or bequest, the Board shall provide for the safety and preservation of the same, and the application thereof to the use of the Library, in accordance with the terms and conditions of such gift, devise or bequest. Payments from said fund shall be ordered by the Board of Library Trustees in the manner provided for the payment of other demands against the municipality.

The Goodman Public Library shall be forever free to the inhabitants and non-resident tax-payers of the city, subject always to such rules, regulations and by-laws as may be established by the Board of Library Trustees.

The Board of Library Trustees may contract for lending the books of such Library to residents of such counties or neighboring municipalities upon a reasonable compensation to be paid by such counties or neighboring municipalities.

The title of all property acquired for the purposes of such Library, when not inconsistent with the terms of its acquisition or otherwise designated shall vest in the municipality in which the Library is, and in the name of the municipal corporation may be sued for and defended by action at law or otherwise.

and city

This is to certify that we, J. A. FULLER, Mayor of the City Certificate of Napa, and H. H. THOMPSON, City Clerk of the said City of of mayor Napa, have compared the foregoing proposed and ratified clerk. amendments to the Charter of the said City of Napa, with the original ordinance proposing such amendments and submitting them to the qualified electors of said City at a special election called for that purpose on Monday, the 16th day of February, 1903 and find that the foregoing is a full, exact, true and correct copy thereof, and we further certify that the facts set

forth in the preamble preceding said amendments to the City Charter are, and each of them is, true.

IN WITNESS WHEREOF, we have hereunto set our hands and caused the same to be authenticated by the seal of the City of Napa this 20th day of February, 1903.

Approval of legisla

ture.

Now therefore, be it

Resolved by the assembly of the State of California, the senate thereof concurring, a majority of all the members elected voting for and concurring herein, that said amendments to the Charter of the City of Napa, as proposed to and adopted and ratified by the qualified electors of said City, be and the same are, and each of them is, hereby approved as a whole without amendment or alteration for and as amendments to, and as part of the charter of said City of Napa, aforesaid.

Preamble.

CHAPTER XXXII.

Assembly Concurrent Resolution No. 12, approving the charter of the City of Santa Rosa, in Sonoma County, California, which was voted for by the qualified electors of said city, at a general election held therein, for the purpose, among other things, of ratifying said charter, on the second day of April, 1902.

[Adopted March 6, 1903.]

WHEREAS, The City of Santa Rosa, in Sonoma County, California, is now, and at all the time herein referred to, was a city containing a population of more than three thousand five hundred, but less than ten thousand; and

WHEREAS, At an election held in said city on December third, nineteen hundred and one, in accordance with law and the provisions of section eight of article eleven of the Constitution of this state, a board of fifteen freeholders, duly qualified, was duly elected in and by said city, and by the qualified electors thereof, to prepare and propose a charter for said city, which said board of fifteen freeholders did, within the ninety days next after such election, prepare and propose a charter for said city, which said charter was, on the eighth day of February, nineteen hundred and two, signed in duplicate by a majority of the members of said board of fifteen freeholders, and was on the tenth day of February, nineteen hundred and two, returned, one copy thereof to the mayor of said city, and the other copy thereof to the county recorder of the County of Sonoma (within which county said city is situated); and

WHEREAS, Such proposed charter was then published in one daily newspaper of general circulation in said city, to wit: in "The Press Democrat," for more than twenty days, such publication having been commenced within twenty days after the completion of said proposed charter; and

WHEREAS, Said charter was, within not less than thirty days after the completion of said publication, submitted by the legislative authority of said city, to wit: by the common council thereof, to the qualified electors of said city, at a general election, previously duly called, and thereafter held in said city on April second, nineteen hundred and two; and

WHEREAS, The returns of said election were duly canvassed by said common council of the City of Santa Rosa, at its meeting held on April seventh, nineteen hundred and two, and said common council found as the result of said canvass, and did duly determine and declare, that there were cast at said election fourteen hundred and seventy-four votes, that there were cast in favor of said charter six hundred and eleven votes, that there were cast against said charter five hundred and thirty-two votes; and

WHEREAS, Said charter is now submitted to the legislature of the State of California for its approval or rejection as a whole, without power of alteration or amendment, in accordance with the provisions of section eight of article eleven of the Constitution of the State of California; and

WHEREAS, Said charter is in the words and figures following, to wit:

ARTICLE I.

NAME AND CORPORATE RIGHTS.

name and

SECTION 1. The municipal corporation now existing and Corporate known as the City of Santa Rosa shall remain and continue powers. to be a body politic and corporate, in name, in fact, and in law, by name of the City of Santa Rosa, and by that name shall have perpetual succession; may sue and be sued, prosecute and defend in all courts, boards, tribunals, places, and jurisdictions. It may have and use a common seal, and may alter it at pleasure; may purchase, acquire by condemnation, hold, receive, own, and control real and personal property within and without the city limits; may receive property of any kind by bequest, donations, or gifts, for the use of said city, or the inhabitants thereof, or for charitable, public, or other purposes and may do and perform any and all acts requisite for such bequests, donations, or gifts, and shall have power to sell, grant, donate, give, or dispose of any and all such property and fulfill or carry out any trust imposed upon it, and it is hereby declared to be the successor of the existing municipality.

Boundaries.

aries.

SEC. 2. The boundaries and corporate limits of the City of BoundSanta Rosa shall be as follows, to wit: Beginning at a point three fourths of a mile due north of the northwest corner of

Jurisdiction.

Elections.

Qualifications of voters.

Control of elections.

Fourth and C or Mendocino streets, in said city; thence running due east three fourths of a mile; thence due south one and one half miles; thence due west to the westerly line of the San Francisco and North Pacific railway; thence along the westerly line of said railway to the north bank of Santa Rosa creek; thence westerly, following the meanderings of the north bank of said creek, to the westerly line of a tract of land known as the Hewitt Addition to Santa Rosa; thence along the westerly line of said Hewitt's Addition and the land of Dr. J. F. Boyce to the center of the county road known as the Redwood or Laguna road; thence due north to a point due west of the point of beginning; then due east to the point of beginning. All situate in Sonoma county, California.

Jurisdiction.

SEC. 3. The jurisdiction of the City of Santa Rosa shall extend to and over the lands, rights of ways, easements, property and appurtenances of the sewer farm and the sewer outlets and rights, privileges appertaining thereto; to the land, water, property, property rights, privileges, easements and appurtenances, and all property, real, personal and mixed, of the water works now owned, possessed or controlled, or that may hereafter be acquired by the city; and to all other property, real or personal, belonging to said city, within or without the limits of said city now owned, controlled or possessed by said city, or that may hereafter be acquired; and the jurisdiction of this city shall extend over the cemeteries situate within one mile from the exterior boundaries of said city.

ARTICLE II.

ELECTIONS.

SECTION 1. An election shall be held in said city for the election of the elective officers provided for by this charter on the first Tuesday of June, A. D. nineteen hundred and three, and every two years thereafter, on the same day.

SEC. 2. All male citizens residing within the corporate limits of said city, and who have resided therein thirty days next preceding any general or special election, and who are entitled to vote for members of the legislative assembly, shall be entitled to vote at all elections in said city.

SEC. 3. The conduct and carrying on of all city elections shall be under the control of the common council, and the common council shall, by ordinance, provide for the holding of all city elections, and may district and subdivide the municipality into municipal election precincts, for the holding of municipal elections, and change and alter such precincts and redistrict the municipality for such elections as often as occasion may require. Unless the boundaries of the precincts shall be changed, as herein provided, they shall remain as fixed for the election of state and county officers at the last general election preceding the city election.

election

SEC. 4. The provisions of the general laws of the state gov- General erning elections for state and county officers not inconsistent laws to with the provisions of this charter shall govern city elections govern. in matters for which no provision is made in this charter, or by ordinance or order passed in pursuance thereof.

council.

SEC. 5. The common council shall have power, and it is Powers of hereby made their duty, by ordinance or by an order entered on their minutes, to designate their time and places of holding said elections; designate and appoint the officers not less than three for each precinct for conducting said election, canvassing the votes, and declaring the result; and to fix their compensation.

ordinances

SEC. 6. The common council shall by ordinance, or by an Election order entered on their minutes, fix the place for holding all city elections. They shall by ordinance, or by an order entered on their minutes at least fifteen days before the election in each year, direct the city clerk to post a notice of said election, and shall also direct a like notice to be published in some newspaper or newspapers published in said city, designated in said order, and shall by like ordinance or order appoint officers of election, and prescribe their duties. Such officers shall be qualified electors of said city. The city clerk shall, after the passage of said ordinance, or the entry of said orders, and at least ten days before the day of election, post a notice of such election in three public places in said city; and shall be directed by said ordinance, or by said order, to publish said notice in the newspaper or newspapers designated in said order or ordinance. Said notice shall designate the time and places of holding said election, the time of opening and closing the polls, the officers to be elected, and the names of the officers appointed to conduct said election. At the time for opening the polls, said officers shall appear at the place of said election, but if either of them fail to appear and serve, the bystanders may elect some qualified elector to serve in the place of said absent officer or officers. The officers so appointed to conduct said election shall be sworn to the faithful performance of their duties, before entering upon the performance thereof. The ballot box shall then be opened for the reception of votes, and the election shall be conducted, the votes counted, and the result declared in the manner provided by ordinance duly passed by the common council. Returns from each precinct should be made to the city clerk as provided by ordinance or order of the common council duly entered upon their minutes. SEC. 7. The person receiving the highest number of votes Declarafor any city office shall be declared elected to said office, but result. no person shall hold two elective city offices at one time. If two persons receive the same number of votes for any office, and an election be thereby prevented, the common council shall elect one of said persons to said office, and cause a certificate of election to be issued to him. The mayor shall issue the certificates of election to the persons elected, which certificate shall be attested by the clerk.

tion of