Preamble with the provisions of said charter on the fifteenth day of December, nineteen hundred and two, and approved by the Mayor of said city on the fifteenth day of December, nineteen hundred and two, did, in accordance with the provisions of section eight, of article eleven of the constitution of the State of California, propose to the qualified electors of said city of San José, certain amendments to the said charter of said city, said amendments being two in number; and WHEREAS, Said ordinance so passed and approved as aforesaid, called a special election to be held on Wednesday, the eighteenth day of February, nineteen hundred and three, for the purpose of submitting, and submitting to the qualified electors of said city said proposed amendments to said charter; and WHEREAS, Said ordinance containing said proposed amendments to said charter was, in accordance with the provisions of section eight of article eleven of the constitution of the State of California, published for twenty days, after its passage and approval, in the Evening News, a daily newspaper published and of general circulation in the said City of San José; and WHEREAS, Said special election was held in the said City of San José on Wednesday, the eighteenth day of February, nineteen hundred and three, which day was more than forty days after said proposed amendments had been published for twenty days as aforesaid; and WHEREAS, On the twentieth day of February, nineteen hundred and three, at a meeting duly convened in accordance with law and with the provisions of said charter, the Mayor and Common Council of the City of San José, duly and regularly canvassed the returns of said special election; and WHEREAS, At such special election so held on the eighteenth day of February, nineteen hundred and three, one of said proposed amendments was ratified by more than a majority of the votes of the qualified electors voting thereat, and one of said proposed amendments received less than a majority of the votes of said qualified electors; and WHEREAS, Said Mayor and Common Council after canvassing said returns, duly found and declared that one of said proposed amendments had been ratified by a vote of more than a majority of the qualified electors voting at said election, and that one of said proposed amendments had received less than a majority vote of said qualified electors; and WHEREAS, The said proposed amendment so ratified by the electors of said city at such election is now submitted to the legislature of the State of California for approval or rejection, 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, The said amendment to said charter so ratified by more than a majority of the votes of the qualified electors of the City of San José voting at said election is in words and figures as follows to wit: AMENDMENT TO THE CHARTER OF THE CITY OF SAN JOSÉ, That section thirteen of chapter three of article five of said charter is hereby amended to read as follows: ment of Section 13. Out of the General Fund shall be paid all claims Apportionnot provided to be paid out of any other specific fund, provided me however that the Mayor and Common Council may apportion moneys. any surplus moneys in the General Fund to any other specific fund whenever in their judgment the public interests will be subserved by such apportionment. STATE OF CALIFORNIA, COUNTY OF SANTA CLARA, CITY OF SAN JOSÉ. SS. of mayor This is to certify that we, G. D. Worswick, Mayor of the Certificate City of San José, and Jos. A. Belloli, Jr., City Clerk of the and clerk. said City of San José, have compared the foregoing proposed and ratified amendment to the charter of the said City of San José with the original ordinance proposing such amendment and submitting the same to the qualified electors of said city at a special election called for that purpose on Wednesday, the eighteenth day of February, nineteen hundred and three, and find that the foregoing is a full, true, correct and exact copy thereof, and we further certify that the facts set forth in the preamble preceding said amendment to said 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 said city of San José, this twenty-fourth day of February, nineteen hundred and three. [SEAL.] Now therefore, be it G. D. WORSWICK, Mayor of the City of San José JOS. A. BELLOLI JR., City Clerk of the City of San José. Resolved by the senate of the State of California, the assembly Approval concurring (a majority of all the members elected to each ture. house voting for the adoption of this resolution and concurring herein), That said amendment to the charter of the City of San José, herein before set forth, as presented and submitted to and adopted and ratified by the qualified electors of said city, be and the same is hereby approved as a whole without amendment or alteration for and as an amendment to and as part of the charter of the said City of San José. Memorializing congress to purchase big tree groves. CHAPTER XXIX. Senate Joint Resolution No. 11, memorializing congress to give consideration to House Bill 11,538, relative to the purchase or condemnation of the principal groves of the California Sequoia gigantea in Calaveras and Tuolumne counties. [Adopted March 4, 1903.] WHEREAS, The California Sequoia gigantea are the amazement and admiration of the world, their prototypes in grandeur, size or beauty not existing elsewhere; and WHEREAS, There is now pending in congress house bill No. 11,538, designated to set aside and preserve as a national park, two of the most notable of these groves in Calaveras and Tuolumne counties; therefore be it Resolved, That the people of California represented in senate and assembly, do hereby memorialize and petition the congress of the United States, before the expiration of the present session, to consider this bill of so very considerable importance to the people of this state; and be it further Resolved, That the secretary of the senate be, and he is hereby instructed to transmit a copy of this resolution by telegraph to the speaker of the house of representatives. Leave of absence for Senator dleton. CHAPTER XXX. Senate Concurrent Resolution No. 15, relative to the consent of the legislature to absence from the state of State Senator C. W. Pendleton for a period not to exceed six months. [Adopted March 5, 1903.] Resolved by the senate, the assembly concurring, That the legislature of the State of California has consented, and does C. W. Pen- hereby consent, that State Senator C. W. Pendleton of the thirty-eighth senatorial district, may depart from the State of California at any time during the remainder of his official term as state senator, and remain absent from the State of California for a period not to exceed six months from and immediately succeeding the time of his departure. CHAPTER XXXI. Assembly Concurrent Resolution No. 9, approving twelve amendments to the charter of the City of Napa, a municipal corporation, in the County of Napa, State of California, submitted to, voted for and ratified by the qualified electors of said city, at a special election held therein for that purpose, on the 16th day of February, 1903. [Adopted March 6, 1903.] WHEREAS, The City of Napa, in the County of Napa, State Preamble. of California, contains a population of over 3500 and less than 30,000 inhabitants and has been ever since the year 1893 and is now, organized and acting under a freeholders' charter adopted under and by virtue of Section 8 of Article 11 of the Constitution of the State of California, which charter was duly ratified by the qualified electors of said City at an election held for that purpose on the 9th day of March, 1893 and approved by the Legislature of the State of California on the 13th day of March, 1893, (Statutes of 1893, page 641,) which charter has never been amended; AND WHEREAS, The Legislative authority of the said City of Napa did by Ordinance No. 328 of the Ordinance of said City adopted by the City Council of the said City on the first day of December, A. D. 1902 and approved by the Mayor of said City on the said first day of December A. D. 1902 and pursuant to Section 8 of Article 11 of the Constitution of the State of California duly proposed to the qualified electors of the said City eighteen certain amendments to the charter of the said City of Napa; AND WHEREAS, Said Ordinance contained said proposed amendments to the said charter was duly published for twenty days after its passage and approval in the Napa Daily Journal and in the Napa Daily Register, daily newspapers of general circulation in the City of Napa; AND WHEREAS, Said special election was held in the said City of Napa on Monday the 16th day of February, A. D. 1903, which day was more than forty days after said proposed amendments had been published for twenty days, as aforesaid; AND WHEREAS, On the 17th day of February, 1903 at a meeting of the said Council, duly convened in accordance with law and with the provisions of said charter, and Mayor and Council of the said City of Napa duly and regularly canvassed the returns of said special election so held on the 16th day of February, 1903; twelve of said proposed amendments were ratified by a majority of the electors voting thereon, and six of said proposed amendments were not ratified having received less than a majority of the electors voting thereon; AND WHEREAS, Said Mayor and said Council after canvassing said returns duly found and declared that twelve of said proposed amendments had been ratified by a majority of the Corporate name and powers. Prior holdings continued. Officers; election and terms. electors voting thereon, and six of said proposed amendments had received less than a majority of the electors voting thereon; AND WHEREAS, The said twelve proposed amendments so ratified by the electors of said City at said election are now submitted to the Legislature of the State of California for approval, or rejection without power of alteration, in accordance with the provisions of Section 8 of Article 11 of the Constitution of the State of California; AND WHEREAS, The said twelve amendments to said charter so ratified by a majority of the electors voting thereon at said election, are in words and figures as follows, to wit: SECTION 1. That Section 1 of said charter be amended so as to read as follows: Section 1. The corporation now existing and known as the City of Napa, shall continue and be a body politic and corporate and by that name shall be known and have perpetual succession to sue and defend in all matters, suits and proceedings, in all Courts and places and in all matters and proceedings whatever; to make contracts; and may purchase, take, receive, hold and lease real and personal property within and without its corporate limits, for the use of said corporation; and may lease, sell, convey, mortgage and dispose of the same; and may determine and declare what are public uses, and when the necessity exists of condemning lands therefor and what are the lands it is necessary to condemn; and may receive bequests, gifts and donations of all kinds of property within and without the City, in fee simple or in trust for charitable or other purposes and do all acts necessary to carry out the purposes of such bequests, gifts and donations, with power to manage, sell, lease or otherwise dispose of the same, in accordance with the terms of the gift, bequest, donation or trust, and may adopt and use a corporate seal and alter the same at pleasure. The City of Napa shall continue to have, hold and enjoy all public buildings belonging to the City of Napa, all lands, wharves, waters, property real and personal, rights of property, rights of action, suits, actions, moneys, revenue, income, books, documents, records, archives, claims, demands, and things in possession and in action, of every nature and description. SEC. 2. That Section Five of the said Charter be amended so as to read as follows: Section 5. The officers of said City shall be a Mayor, who shall hold office for four years and until his successor is elected and qualified; a City Council, composed of five members who shall hold office for four years and until their successors are elected and qualified; a City Marshal; a City Treasurer; a City Assessor; a City Tax Collector; a City Clerk; a City Attorney; a City Auditor; a City Engineer, and a City Superintendent of Streets, all of whom shall hold office for four years and until their successors are elected or appointed and qualified. An election shall be held every two years, by the qualified electors of the City, on the first Monday in May, for the election of two or three members of the City Council, and every four years by the qualified electors of the City, on the first Monday in May, |