tax. street cars, telephones, gas meters, electric meters, water meters License and all other devices for measuring service; also telephone, telegraph, electric light and power poles, subways, conduits and wires. The said license or tax shall be in addition to all other lawful taxes levied thereon or upon the property of the holder thereof. Other conditions may be imposed by council. conditions by council. SEC. 97. Nothing in this charter shall be construed as pro- Other hibiting the council from inserting in any ordinance granting may be any franchise, permit or privilege such other conditions or imposed requirements, not inconsistent with the provisions of this charter, as the council may desire to insert therein or the people may by the initiative indicate their desire to have so inserted. Franchises for railroads other than street, suburban or interurban railroads. roads other street, SEC. 98. The council may grant franchises for the con- Franchises struction, maintenance and operation of railroads other than for rail. street railroads, suburban railroads or interurban railroads than along, upon, over, in, under or across any street or streets or suburban other public place in the city of Vallejo, but only in the man- urban railner and upon the terms and conditions next hereinafter set roads. forth, that is to say: The provisions of section 74 relating to property rights of the city; of section 77 relating to applications for franchises; of section 78 relating to life of franchises; of section 79 relating to beginning and completion of work; of section 80 relating to service and accommodation; of section 81 relating to regulation of public utility rates; of section 82 relating to right of the city to assume ownership; of section 83 relating to conveyances; of section 84 relating to leases and assignments of franchises; of section 85 relating to street sprinkling, cleaning and paving; of section 88 relating to books of record and reference; of section 90 relating to forfeiture for non-compliance; of section 91 relating to limitations on water front franchises; of section 92 relating to switching rights; of section 93 relating to forfeiture of franchises not in use; of section 94 relating to terms of ordinances; of section 95 relating to specification of streets; and of section 97 relating to additional conditions, shall apply to and govern all franchises, permits or privileges granted for the construction or maintenance or operation of any railroad, including railroads other than street railroads, suburban railroads and interurban railroads; and anything in this article to the contrary notwithstanding, no other section contained in this article (article XII) shall apply to or govern the granting of franchises, permits or privileges for the construction or maintenance or operation of railroads other than street railroads, suburban railroads or interurban railroads; provided, that the application of the provisions of said section 77 (relating to application for franchises) to the granting of franchises, permits or privileges for railroads other than street railroads, suburban or interurban railroads, shall be subject to this exception, that is to say, that instead of receiving or inter Prelimi naries to filing petition. bids for a percentage of the gross annual receipts as provided for in said section 77, the franchise, permit or privilege shall be awarded to the bidder offering to pay to the city, during the life of the franchise, permit or privilege, the highest average annual rental, and the advertisement shall so state, and that in the raising of bids above the amount of the highest sealed bid the first increased bid must be at least five per cent greater than the amount of the highest sealed bid; and provided, that in the application to the granting of franchises for railroads other than street railroads, suburban or interurban railroads, the provisions of section 81 (relating to regulation of public utility rates) shall apply only to the local service of such railroads; and provided, that in the application to the granting of franchises for railroads other than street railroads, suburban or interurban railroads, the provisions of said section 82 (relating to rights of the city to assume ownership) shall not be construed as requiring such franchise, permit or privilege to permit the city to take over to itself any of the rolling stock or other movable property of the grantee, his successors or assigns, used in the enjoyment of such franchise, permit or privilege. ARTICLE XIII. THE INITIATIVE. Preliminaries to filing petition. SEC. 99. (1) The qualified electors of the city shall have power to propose by petition, and to adopt at the polls any ordinance which may be enacted under this charter. Such ordinance may be proposed by filing with the city clerk a petition setting forth said ordinance in full signed by qualified electors of the city as many in number as hereinafter required of the entire vote cast for all candidates for the office of mayor at the last preceding general municipal election. Before any petition for such submission of a proposed ordinance shall be circulated, an affidavit by or on behalf of its proponents shall be filed with the city clerk containing the following: A copy of the proposed ordinance; a statement in not more than two hundred (200) words giving the proponent's reasons for the adoption of such ordinance; a statement of the intention to secure the submission of said ordinance to a vote of the electors by an initiative petition; and the address of the party making such affidavit. The council shall have five (5) days after the filing of such affidavit in which to formulate and send by registered mail to the address given in such affidavit a statement in not more than two hundred (200) words of the reasons why such proposed ordinance should not be adopted. These reasons for and against the adoption of the proposed ordinance shall be printed as a part of each individual certificate forming a part of the petition. Form and condition of petition. (2) The initiative petition shall consist of individual certificates signed by qualified electors of the city as many in condition of peti number as hereinafter required. The form and conditions of Form and each certificate and mode of certification and verification shall be substantially as follows: (Individual Certificate.) INITIATIVE PETITION TO THE COUNCIL. Requiring the submission at a special (or general) municipal election. (The above heading must be printed in type of a 24-point Roman face, caps and lower case.) Of a proposed ordinance entitled: (Here insert title of ordinance.) PROPONENT'S REASONS FOR ADOPTING ORDINANCE: (Here insert such reasons.) COUNCIL'S REASONS FOR NOT ADOPTING ORDINANCE: (Here insert such I, the undersigned, certify that I hereby join in a petition to the council requiring that it forthwith submit to the vote of the electors of the city of Vallejo, at a special municipal election (or general municipal election), that certain proposed ordinance entitled (here insert title of ordinance), to a copy of which this certificate is attached; unless said ordinance be passed by the council, without alteration, when and as provided in the charter of the city of Vallejo. I further certify: That I have read the proposed ordinance and the above reasons for and against the adoption of said ordinance and am in favor of its adoption; that I am a qualified elector of the city of Vallejo, State of California; that I am not at this time a signer of any other like certificate; that I reside at No. street, between .. street and tion is ..... street, in said city; and that my occupa STATE OF CALIFORNIA, (Signed) tion. being duly sworn, deposes and says: That he is the person who signed the foregoing certificate and that the statements therein are true and correct. Verification Deputy (or Notary Public). The petition of which this certificate forms a part shall, if found insufficient, be returned to street, Vallejo, California. at No. .... The provisions of subdivision 4, of section 7 of this charter, applying to recall petitions, shall apply to petitions filed under this article. Fifteen per cent petition. Five per cent petition. Limitations for petitions. Fifteen per cent petition. (3) If the petition accompanying the proposed ordinance be signed by qualified electors equal in number to fifteen per centum of the entire vote cast for all candidates for mayor at the last preceding general municipal election at which a mayor was elected and contain a request that said ordinance be submitted forthwith to the vote of the people at a special election, then either: (a) The council shall pass said ordinance without alteration within twenty days after the attachment of the clerk's certificate of sufficiency to the accompanying petition; or, (b) Within twenty-five days after the clerk shall have attached to the petition accompanying such ordinance his certificate of sufficiency, the council shall proceed to call a special election at which such ordinance, without alteration, shall be submitted to the vote of the electors, unless some general or special municipal election occurs not earlier than thirty (30) days and not later than ninety (90) days after the city clerk shall have attached such certificate of sufficiency, in which latter event said measure shall be voted on at such special or general municipal election. Five per cent petition. (4) If a petition be signed by qualified electors equal in number to five per centum of the entire vote cast for all candidates for mayor at the last preceding general municipal election at which a mayor was elected and contain a request that said ordinance be submitted to a vote of the electors at a general municipal election, then such ordinance, without alteration, shall be so submitted by the council at the next general municipal election that shall occur at any time after twenty (20) days from the date of the attachment of the certificate of sufficiency to the petition accompanying such ordinance, unless the council shall have, prior to the time of calling such election, passed such ordinance without alteration. Limitations for petitions. (5) No individual certificate provided for in this article shall be valid or sufficient unless the same shall have been signed within three (3) months prior to the presentation to the clerk of the petition of which it forms a part. No initiative petition requesting the submission of an ordinance at a special municipal election and having an insufficient number of signatures to require such special election but having the required number for submission of said measure at a general municipal election, shall by virtue thereof be sufficient to require the submission of such ordinance at a general municipal election. No initiative petition requesting the submission of an ordinance at a general municipal election and having a sufficient number of signatures to have required the submission of said ordinance at a special municipal election, shall, by virtue thereof, be sufficient to require the calling of a special municipal election. Measure to be mailed to voters. to voters. (6) Whenever any ordinance is required under the initiative Measure to or referendum provisions of this charter to be submitted to the be mailed voters of the city at any election, the council shall cause the ordinance, together with such arguments for and against it as may have been printed on the individual certificates constituting the initiative or referendary petition to be printed, and it shall be the duty of the city clerk to enclose a printed copy thereof in an envelope with a sample ballot and mail the same to each voter, at least five (5) days prior to the election. The council may cause said ordinance to be printed once in a newspaper of general circulation published in the city one week preceding the date of such election. Election. (7) The ballots used when voting upon such proposed Election. ordinance shall set forth in full the title of the proposed ordinance and shall state the general nature of the proposed ordinance and shall contain the words "For the Ordinance" and "Against the Ordinance." If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall take effect five (5) days after the declaration of the official canvass. Several ordinances at one election. ordinances (8) Any number of proposed ordinances under the initia- Several tive and any number of ordinances under the referendum at one may be voted upon at the same election, in accordance with election. the provisions of this article. Limit to special elections. special elections. (9) There shall not be held under this article more than Limit to one special election in any period of six months. Competing and conflicting measures. Repeal. and con (10) When there are two or more ordinances proposed to Competing secure the same general purpose, the council shall so declare, flicting and shall have the ballot so printed that the voter (first) can measures; repeal. choose between any ordinance or none, and (second) can express his preference for any one. If a majority of the votes on the first question is affirmative, then the ordinance receiving the highest number of votes shall become law, and the others shall fail of passage. In case two or more ordinances are tied for the highest vote, they shall be resubmitted at the next ensuing general municipal election. If there is a conflict between two or more ordinances adopted at the same election, then the ordinance receiving the highest affirmative vote shall prevail. No ordinance approved by the electorate under the provisions of this article shall be amended or repealed except by vote of the electorate unless such ordinance shall otherwise provide. Election is mandatory. (11) If any ordinance proposed by initiative petition or |