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Resolution 01870RESOIUTION NO, 1870. SUBMITTING CERTAIN PROPOSALS FOR A-MENDING THE CHARTED OF THE' CITY OF LLAMEDA AT THE GENERAL MUNICIPAL ELECTION, TO P1 HELD IN SAID CITY CM NOVEMBER 6, 1934, WHEREAS on the 1st day of September, 1934, there was filed with the City Clerk of the City of Alameda a petition for the submission of seven (7) proposals for amending the Charter of the City of Alameda, and requiring the submission of such proposals to the electors of said City at the general municipal election to be held on November 6, 1934, and WHEREAS the City Clerk of the City of Alameda has verified the signatures attached to said petition, and hes attached thereto his certificate of suffic- iency, certifying that the sare was signed by qualified registered electors of said city equal in number to more than fifteen per cent (1.%) of the total vote cast in said City at Inc last preceding general. state election, and has present- ed the same to the City Council, and WHEREAS under the provisions of Article XI of the Charter of the City' of Alameda a general municipal election shall be held an Tuesday, Fevember 6, 1934, NOW IllERETCHE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ZtLidDiEDA as followa: That the aforesaid proposal3 for adandiapt the. Charter of the City of Alameda shall be submitted to the electors of taid City' at Inc general municipal election to be held in. said City adt Tocetday, November 6, 1934, said proposals, and amend- ments being in worda and fdgmres as followaR PROPOSAL 30. I That Section 9 , Article II of the Charter of the City of Alameda be amended to rend as 1'c lows: Sec, C. City Clerk. The duties of the City Clerk shall be as are prescribed by the council and provided by law. He shall hold office until removed by a maj- ority vote of the council. PRCEOSA1 NO. 2, That Section 5, Chapter II, Article III of the Charter of the City of Alameda be amended to read as follows: Sac. 6. There shall bo a city attorney, who shall be appointed by the council, 5r13 wbo shall be an elector of the City at the time of his appointment, and who shall be an elector of the City at the time of his appointment, and who shall be an attorney and counselor-at-law duly admitted to practice by the Supreme Court of the State. He stall actually have been engaged in the oractice of his profession for a period of at leaot four years next before his appointment. He shall hold office until removed ty e majority vote of the council. PROPOSAL NO, 3, That Section 1, Article VII of the Charter of the City of Alameda be amended to read as follows: Eles 1. The council shall apnoint a City Manager. He need not be a resident of the State of California at the time of his appointment. His salary shall be fixed by Inc City council, but 31511 not be mare than five thousand dollars per annum. Ho shall hold office until removed by a majority vote of the council., PPOPOSAL HO, 4. That Suctions 7, 8, 9 and 10 of Article VII of the Charter of the City of A. lameda be repealed, and e new Article added to the Charter of the City of Alameda, to be known as Article VIIa, and to read as follows: Sec. 1. The Board of Police and Fire Commissioners shall consist of three members who shall serve without compensation, The members shall be elected m , ed sha hold of+ice for four years, and until their successors are elected and qualified. Said Board shah. be elected at the same tines and in the same manner as the nerubers of the city Council, and shall be subject to recall as in thie charter provided. In the case of the Board first elected, the ore receiving the highest vote shall hold. office until the third succeeding general city election at which councilmen are chosen, the one receiving the second highest vote stall hold office until the second succeeding general city election, and the other one shall hold office until the next general city election at which councilmen are chosen, and until their successors are elected and craalified. Anything in this charter to the contrary notwithstanding, an election shall be held within sixty days after ratification of this amendment by the state legislature, for the purpose of electing the three .members of this board. Sec. 2. vacancies. Any vacancy occurring in the board shall be filled by vote of the remaining members of the board, and any person appointed to fill vacancy shall hold office only until the next general municipal election, at wnicim time a person shall be elected to serve for the remainder of such unex- pired term. In case all positions on said Board shall be vacant at the same time, a conarission consisting; of the Police Judge, the Auditor and fax Collector, stall, jority vote, make the appointments and fill all such vacancies, Said ion shall 'make such appointments within thirty (30) days after such vacan- Sec. 3. The :Board of Police and Fire Commissioners shall have en and saeagement of the police and fire departments in the City of Alanede, subje only to the provisions of Section 7, Article II of this charter. Said Board steal appoint time chiefs of the respective departments from the membership of said res- pective departments, and said chiefs, so appointed, shall hold office at the pleas- ure of said Board. All other members of said respective departments shall be apnointed by said d subject to the provisions of this Article. Said Board shall, from time to time, make rules to carry out the purposes of this Article and for examinations and aepoin,ttents in accordance with its provision All applicants for employment in said departments shall be subject to examin- ation, which shall be public, corpetative and free to all citizens of the United States, with specified limitations as to the residence, age, sex, habits, health, experience and moral character. Such examinations shall be practical in their character, and shall relate to those matters which will fully test the relative capacity of time persons examined to discharge the duties of the position to which they seek to be appointed. The board shall control all examinations, and may, whenever an examination is to take place, obtain the assistance of a suitable per - or persons to aid in preparing for and conducting such examination ; provided, that all members of the respective departments who are in the City service at tae tine this amendment goes into effect shall be retained in their respective positions, subject to the provisions of this 'article, but any such person may be demoted, if in the opinion of the Commissioners, such action be for the geod. of the public service; and provided further, that any person sho shall have been dismissed or discharged from membership in either department within three years prior to the effective date of this amendment for any reason except for cause, shall be eligible for reappointment without examination and without being required to comply with any specified limitations as herein.above set forth. Sec. 4. Notice of the time, place and general scope of the examinations shall be given by the eHard by publication for two weeks procedi.ng suoh examination ie a newspaper printed in said city and such notice shall also be posted by said Board in a conspicuous place at the City ;fall and in its office two weeks before such examination. Sec, 5. From the examination made by the Board, 1t small prepare a register of the persons whose general average standing upon examination for such class not less than the minimum for such class fixed by the rules of said Board, and who are otmiruise eligible and sash persons shall take rank upon the register as can- didates in the order of their relative excellence as determined by their exanin.at ions without reference to priority of time date of examination, Sec, 6. The Board shall, by its rules, provide for the promotion of the members of said Police and Fire Departments on the basis of ascertainment and sen- iority in service and examination; and shall provide, in all cases where it is practicable, that cacancies shall be filled by promotion. All examinations for promotion shell be cor:.petative among such members of lower ranks as desire to sub- mit themselves to such examination and who have such experience. qualification or qualifications as may be required by the Board as a prerequisite for taking such examination. The Board shall, by its rules, provide for (a) leaves of absence, (b) the transf er from one position to a similar position in the same class, (c) rei.nstatetrent t;o list of eligibles of persons who have become separated from service or have beery reduced iun rank in the service other than persons who have been removed f Sec. r3. Subject to the general supervision of said 'Board, the respective shell have command of and control of their reseective departments, and shall have the power to suspend, for cause, any member of their respective departments; vided, "however, that in ti2e event that the Chief of either the Police or wire artnent shall suspend, for cause, any member of his department, he shall re;oort in writing, eo the Board ] 1' m. m. �,�? certification that a cony of suom state - been served upon time person so suspended, personally, or by leaving, a eof at his last known place of residence if he cannot be found. :Pith- ('15) days after such statement se- 1 have been filed, the said 'Board. upon its own motion, may, or upon. written application of the person so suspended, filed with said Board within five (5) days after service upon him of such state- ment, shall proceed to investigate the grolneds . for such suspension. If, after such investigation, said Board finds, in. ariting, that the grounds stated for such suspension were insufficient or were not sustained, and also finds in writing, that the person sos suspended is' a. fit and suitable person to fill the position from which he was suspended, said Board shall order said person so snspended to be reinstated or restored to duty, If tho laid Beard fihde-mthe Ere-ands stated for such. suspension were sufficient, it may discfmline the offending person or may remove the offending person from the department of which he is a member, but no such person shall. be removed from such deportment except for notorious or conse- cutive insubcrdination or neglect of duty, or upon conviction of a felony. If said Board shall order that any person suspended by the Chief 0'f-either the Police or the Fire Benartment be reinstated or restored as above provided, the Per- son so suspended shall be entitled to receive compensation from the city the same as if he had not been suspended by the Chief of said department. The decision. cf tha said Board upon all matters of suspension, discipline and dismissal shall be final. Sac. 5. The Board shall, by its rules, provide for the cstablAshment of and rover the keeping of service records of all members of said departments, which records may,be used as one of the bases for (a) promotion as provided by this Article; (b) lay-offb, throuhgh reduction in number of the said departments, Sec, 10. Any member of the Board shall have the power to administer oaths in matters pertaining to the work of the Board. 3eo. 11. Any false statement wilfully made rider oath either in at applic- ation or other paper filed with the Board or in anv proceeding before the Board or in any investigation conducted by or under the jurisdiction of the 'Board, or in any proceeding arising under this Article, shall be punishable as a misdemeanor. Sac. 12. Any officer or other person who shall wilfully or corruptly, by himself or in cooperation with one or more other persons, defeat, deceive or ob- struct any Person to his right of examination, or corruptly or falsely mark, grade, estimate or report upon the examination or Proper standing of any person examined hereunder, or aid in so doing, or wilfully or corruptly furnish to any person any special or secret information fo.r the purpose of either improving or injuring th.e prospects or chances of any person so examined or to be examined, of being employ- ed, appointed or promoted, all be guilty of a misdemeanor and punished therefor. Sec. 13. Pe applicant for appointment in either of said departments, either directly or indirectly, anon pay or Promise to pay any money or other valuable thing to any person whatever for or on account of his appointment, and no officer or member of said departments shall pay, or promise to pay, either directly or indirectly, any money' or other valuable thing whatever, for or on account of his promotion. The commission of anv act prohibited by this section shall be a mis- demeanor and Punishable as such. Sec, 14, Any person hblding a position in either of said departments who wilfully violates any of the provisions of this Article shall, after hearing by said Board, be subject to being suspended, removed from membership in said depart- ments, or otherwise disciplined. P1IOP06,11, NO, 5. That Sections 1 to 12, inclusive, of Article X of the Charter of the City of Alameda be repealed, and that there be added to said Article 15 the following Sections 1 to 18, inclusive: Sec. 1. There is hereby created a department of the City Governmnt under the name of the Department of Public Utilities. Said department shall be under the control and management of a board of five commissioners, and Which shall Be known as the Board of Public Utilities Commissioners. Said board shall be elect- ed et the same tire and' in tie same manner as the members of the city council and shall hold office for four years and until their successors: are elected and qualified, and shall be subject to recall as in this charter provided. In the case of the board first elected, the three receiving the highest vote shall hold office until the second succeeding general city election et which councilmen are chosen, and the other two shall hold office until the next such succeeding election and -until their successors are elected and qualified. Anything in this charter to the contrary notwithstanding, ah election shall be held within. sixty days after ratification of this amendment by the State Legislature, for the purpose of elect- ing the five meMbers of this Board. The present members of the Board of Public Utilities shall hold office only until their successors are elected and qualified. The Board shall hold regular meetings o' the second Thursday of every month at eight o'clock P. 11., in the office of Inc Department of Public Utilities, It shall serve without compensation, but necessary expenses incurred by them shall be o proper charge against the city, and when certified by the auditor, shall be paid. Sec. la, Any vacancy occurring on the Board shall be filled by a majority vote of the remaining' members. Sec. 2. As soon as practicable after the first day of July in each year, the Board shall organize by electing one of its members president and one vice- president, which officers shall hold office until their successors are elected, unless their membership on the Board sooner expires, The election of each succ- eeding president and vice-president shall be held at the meeting of the Board during the last week in. July of each year. The Board may fill for the unexpired term any vadancy occurring in the office of president or vice-president. All meetings shall be in a public office of the Board, with reasonable Provision for attendance by the public. Sec. 3, The Board shall appoint a secretary not a ;rember of tl7o board, and one chief accounting employee who may be secretary. The secretary shall keep a record of the proceedings and transactions of the Board, specifying therein the names of the Commissioners at all meetings and giving the Ryes and noes upon all votes. He shall post and publish all orders, resolutions and notices which. the Board shall order to be posted or published, and shall per- form, such other duties as are herein, cr may be by order of the Board, imposed upon him. Sec. 4. The Board of Public Utilities shall have power (subject to the provisions of this. charter and to such orcinances of the city as are not in conflict with the Grants of power made to this department of the City govern- ment elsewhere in this charter), to supervise, control, regulate and manare the department and to make and enforce all necessary and desirable rules and regulations therefor and for the exercise of the powers conferred upon the department by this charter. It shall have such additional powers and perforce suer•, other duties as may be granted or imposed elsewhere in this Charter, or by ordinenoe not in conflict with the rrovisions of this Charter. No,.grant of power by this Charter to this department of the city government shall be con- strued to restrict the rower of the Council tc enact ordinances under the police Lower cf the city except as otherwise apecifioally provided in this charter. Sec. 4a. Trie Board of Public Utiliti departments of the city at cost. It , such as the police telepi police flash light system, and, subject shall control the inspection and supervisi anoes for furnishing li,h.t, 'heat or power i and buildings of the City of Alameda. es shall have power to do work. for stall control all allied activit- ysteas, fire alarm system, dinances made by the city council, of electrical wires. and appli- under, over or upon the streets Sec. 5, The power conferred by this Charter upon the Board shall be ex- ercised by order or resolution adopted by a majority of its raerrbers and record- ed in the minutes with the ayes and noes at length. Such action shall be attested by the signature of the president or vice - president, or two members of the board, and by the signature of the secretary of the board. 6. The Department of Public Utilities shall have the power to use a. corporate seal, to sue and be sued, and to have perpetual succession; it shall have the Hower slid duty: To accuire, construct, operat , maintain, extend, menage, and control works eared property for the luurpose of su olyior the city and its inhabitants with water anti electric energy, gas, transncrtation, telephone and telegraph service, ice or ether systems of providing and distributing refrigerating means, :arterials and service, or any of them; and with any other public ut11- and ta_c:e, by purchase, lease. condemnation, or otherwise, name of the city, any and all property situated within or ithou't the state, that may be necessary or i'or any and all of such purposes said indebtedness to be pay- ity, and and to hold without tit convenient fur su on terms and con able only out of ttia .revenue fund pert account of which epee. indebtedness was created. 2. To re date and control the use, sale, and distribution of water, electric energy, ,;ao, transportation and any other utility owner or controlled by the city; the collection of rates therefor and the granting of Permits for connection. with. _. 'a retar or electric works or gas or transportation or other x the rates'!to oe charged for such connec n to f "ir for a term deemed reasohable Ty the _ ,... • or transportation or a;1 "= to areccribe the tine and t .t as hereafter otherwise utilities; and to by contract or oth . charged for • we utility ar use with manner Of payment Of the prescribed, such rates she shall be fair end •rea.,1nahi nature of the y .oe, the OU^•_ vided further, t',iat the rates than the rates outside the city for r00i aed uniform ,, into con5i1 supplied, and tt .1, To .5111 any surplus water or sue other utility owned or c rates to be charged for prescribe the time and r, atimn, among o value of the, be less, b • i.lar uses, be, and the o- stribute, at rates fixed as hereinbefore provided, us electric energy or surplus as or surplus of any led; and to fix, by contract or otherwise, the Tablic utilities for use without the city, and to ani.er of the same. 4. In the discretion of the board, to divide the work of the department as .many bureauus as the number of public: utilities it controls, and to us and to consolidate the work of any such. In case the beard shall. have the power to appoint a general bureau, in lieu or ooe general manager for the entire department. iacl1 such general manager shal_1 be the chief engineer of is department, and shall be diredtly responsible to the board, and shall have the same Dowers and duties as the department general manager in relation to the affairs of such bureau and in relation to the board. .L majority vote of the members of the- whole board shall be necessary to remove such department gen- eral manager or a bureau ,general manager. 5. De pa rte'. whole or in pa that all or any portion of a utility is acquired by the lities under a contract providing for the payment in h_ese price thereof out of revenues to be obtained from said utility, then, at its option, to appoint ax agent, corporate or indiv- idual, to have charge of and to manage the said utility, so far a5 may be permit- ted by law, pending the time that the revenues of the utility anal' pay the full purchase price thereof. In the event of the appointment of such agent by con- tract, the provisions of sections effecting the TDOWQTS and duties of the Manager and of the Manager of such utility, all be suspended. as to such utility during the tome of such contract. C. To sure and be sued, and to recuiee the services of the City Attorney in all cases to which the Board or Department is a party, provided, that the Board may employ other attorneys to assist the City latorney. 7. TO lease, for a term not exceeding five years, any or all of the lands under its control for agricultural or other purcosea, which shell not amnflict with the beneficial uses of said lands by the city for the purposes for which they are held by the Board; and except es otherwise provided in this Charter, to sell, from time to time, such personal property, placed under its control, es shall not be longer, necessary or suitable for the use of such department. The Board shall have the right, in conjunction wit h. the joint use of pipe lines, poles, or pole facilities, with other utilities owning and maintaining pipe lines, polea or pole. facilities, to buy, seli or lease fractional interests in pipe, lines, poles or pole facilities owned or controlled by said other utilities or by said Board. Nu real property nor any rights or interests in real property held by said Board shall be sold, leased, cr otherwise disposed of, or in any manner withdrawn from its control, save as above provided, unless by written in- strument duly authorized by ordinance of the city and a roaolution of the Board, and duly executed by the city and the Board. No water or water rights nor any of the fallowing property now or hereafter owned or controlled by the city, to wit: gas, eleutric energy, or the right to develo p electric or other power by means of any water or water right now or here- after owned or controlled by tie city, shall ever be sold, leased Jr disposed of, in whole or in part, without the assert of two-thirds of the qualified voters of the city voting on the proposition at a General or special election, at which such proposition shall be lawfully submitted, and no water shall ever be sold, supplled or distributed to any person or cornoration, other then municipal, for rental or disposal to consumers or other persons. Neither shall any electric power or gas ever be sold, supplied or distributed to any person or corporation other than municipal for resale, rental or disposal to consumers or other persons without the assent of two-thirds of the qualified voters of said city given, as aforesaid; provided, that nothing in this section contained. shall be construed to prevent the ordinary sale and distribution by the city of water, gas and electric energy, to its iuhabitants for their own use, or to prevent the supplying or dis- tribution, by the, city, of surplus electric energy or ga s to consumers or municipal corporations outside of the city, as elsewhere in this charter piovided. 8. To control, and order, excent as otherwise in this Charter provided, tie expenditure of all money received from the. sale or use of water, or from any other source in connection with the operation of said water works, and all money received from the sule or use of electric energy or from any other source in connection with the operation of said electric works, and all money received from the sale or use of gas or of transportation or of an other purlic utility, or from any other source in connection with the operation of any of said public utilities; provided that all money pertaining to each of said utilities shall be deposited in the city treasury to the credit of a special fund created for each of said utilities; and the money so deposited in each special fund shall be kept separate and apart from other money of the city and shall be drawn only from said fund upon demands authenticated by sig- nature of the chief accounting employee of said board. Any interest or increment received on the money- in any such special fund shall be paid into such special fund and become a part thereof. Section 7, None of the money in or belonging to any of said special revenue funds shall be appropriated cr used for any purpose except the following purposes pertaining to the municipal works from or on account of which such money was rec- eived, to wit: 1. For the necessary expenses of operating and maintaining such works. 2, For the payment of the principal and interest or either due or coming due under contract or upon outstanding bonds, notes, certificates or other evidence of indebtedness issued against revenue of such works, or bonds cr other evidence of indebtedness, General or district, heretofore or hereafter issued for the acquisit- ion of such works or parts therecf. 3. For the necessary expenses of constricting, extending and improving such works, including the purchase of lands, water rights and other property; also the necessary expenses, of conducting end extending the business of the department' pertaining to such works.; also for reimbursement to another bureau on account of services rendered, or material, supplies, or equipment furnished;. also for ecpendit- urea for the purpose for whiCh bonds', or evidences of indebtedness shall have been authorized, sub ject to reimbursement as soon as practicable from moneys derived from the sale or issuance of such bonds or evidences of indebtedness. 4. For defraying the expenses of any pension system applicable to lira employ- eee of the department that shall be established by the city. 5, For establishing and maintaining a reserve fund to insure the payment at maturity of the principal and interest on all bonds and all other contract obligat- ions now outstanding or hereafter issued or made for tie purchase of municipal works and such other-reserve funds perteining to such works us the Board may provide for by rasoiuti_on. The none, set aside and placed in such fund or funds so created shall remain in said fund or funds until. expended for the purposes thereof, and shall not be transferred to any other fund of the city, Any interest or increm- ent received on the money in any such special fund. shall be paid into such spec- ial fund and become a part thereof. 6. Any balance may be appropriated for use in any ensuing fiscal year or be transferred to the general fund of the city with the consent of the erri of Public Utilities, and not otherwise. ieetion 8, The Board may provide for the cost of acquisition. of a public and /or extensions and and /or betterments of said public ut 11th- from funds de from the sale of bonds, secured by revenues, general_ or di.s- ;riot, and /or from revenues received from said works to which such acquisition extensions and bet wants pertain, and /or from the proceeds of loans contracted in aoeordares with provisions of this Charter. Whenever in the exercise of such power to provide for the cost of acquisition of a Public utility and /or extensions anti /or betterments from such revenues, the Board may deem: it advisable to make any such acquisition, extension or hotter- mane which cannot be provided for out of the appropriations for a single fiscal year, it xi.a7, at any time adopt a special Budget and make special. appropriations therefor specifying the amount of such appropriation for each fiscal year during which the cost of such acquisition, extension or betterment is expected to be paid, and when such snecia.l_ budget is so adopted said Boars may incur financial obligat- ions and :rake expenditures as authorized thereby; provided that no such special. _.. cation for a future fiscal year shall be made unless, on report of t'r e anac..r of the bureau having charge Of the works to which .rich ir1r .c e_ ..r_t or extension_ pertains, or the general manager of the de pa.rt.:rents, it shall find that the reasomelly expected revenues of such works in each fiocol year fcir which such appropriation is made wi:l_l. be amply sufficient to permit of the making of such appropriating in addition to tne following. d 1. Appropriations to cover the necessary expense, ing such works, and such payments of principal j inioresi OD, as, under the .provisions of this Charter, and or air s or resolu therein, soid Board is rc.r °_ed to apportion an 2. Appropriations to ccv ?de, notes, wider the provisions of this Char eer'tl Z. Appropriations to cover all budget; and - 4. np?rr ell ecial budget shall be sub like report ar:d finding. It wall be the di ual denartmental budget for each td scal year each for which an appropriation for that sal budget. art; ire said year for or other evidences Of srdeb °led bonds, ovided for aati ohs made by any .prior s.recis.l a tad expensee .nor o .rodmfieatioi or extension upon. y of t e i oard in adopting fie ann- .() include therein appropriations for year has been made by any such spec- oection 9. The Board shall each, year apportion and set apart out of Ita revenue fund in the city treasury pertaining to each sacra municipal works an amount aunts sufficient to .ray at maturity all sons core sng due in. said year for 'pal and interest, upon all cutstandind bonds, and/or other obligations issued 1rzrposes of the works, to which such revenue fund pertains, and also all sums coming duo in said year for trict bonds, issued for such purposes, carp: be ,raid from moneys in said fund no Board finds are not required to meet ou able out of said funds, including the pr and /or other obligations; and said anoun special fund in the city treasury, to be de 1 and inter such part of ppropriated nding oblig s d by or purpose of such special fund, and the money i}r such special fund stall be sub- ject to apportionment by the Controller or Auditor as may be required In make such payments or,: the principal and interest of said bonds and /or other obligations, and for no other purpose. Any interest or increment received on the money in any such special find shall be paid into such special fund and become a part thereof. The foregoing provisions of this section shall apply to all such bonds now outstand sng or hereafter issued; except as in this section provided said Board may, in its discretion, apply the moneys in such revenue. funds to such purposes permitted by this Charter, and in such order and such amounts, as in Inc exercise of such dis- cretion it shall determine. Balances remaining unexpended in said revenue funds, and all sums receivable into said fund from unpaid bills of consumers and other similar sources at the close of any fiscal year, shall be available for appropriat- ions .for, and expenditures in, succeeding fiscal years in like manner and for like purposes as revenues received during such succeeding years. Sec. 10. The roard shall appoint and shall have Inc power to remove the general. manager who shall be the chief administrative officer and who shall not be subject to any civil service provisions of this charter. Such general manager shall not be e member of the board nor shall he have been a member within one year prior to his appointment. Failure on the part of the general manager to comply with the instructions of the board, or incompetency, dishonesty, discou.rtas.y, or neglect of duty-bin-his-part, as determined by the Board, shall constitute adequate grounds for his removal by said board, provided that the person affected shall be given previous written notice of the grounds of the proposed removal and oplortun- ity to be 'heard by the board. upon all outstanding dis- last mentioned sons as other purposes and the ions or liabilities pay- of general bonds; red forthwith into a indicating the nature Sete 11. Subject to the provisions of this Charter, the rules of the de- partment and the instructions of his Board, said general manager shall have the power and duty; 1. To administer the affairs of the department as its chief administrat- ive officer. 2. To appoint, dischargee suspend or transfer the employees of the depart- ment, other than the secretary of the Board and the chief acrunting employee, of the department, and to issue instructions to said employees, other than the sec,. retary and the chief accounting employee, in the line of their duties. All subject to the civil service provisions of this ccarter. 3. To expend the funds of the department in accordance with the provisions of the budget appropriations or of appropriations made subsequent to the budget. 4. To recommend to the Board prior to the beginning of each fiscal year an annual departmental budget covering the anticipated revenues and expenditures Of the department, conforming so far as practicable to the forms and dates pro- vided in this Charter in relation to the general city budget. 5. Tb certify all expenditures of the department to the chief accounting employee. d. To exercise such further powers in the administration of the department as may be conferred upon him by the Board. Sec, 12. The General Manager of such department; at least once a month shell file with the board a written report on the work of the department. Sec. 13, The Board shall provide suitable quarters, equipment and supplies for the department. It shall create the necessary positions in said department, aut- horiZe the necessary deputies, assistants and employees and fix their salaries and duties, and fix the salary of the general manager of the departmalt, and may re- quire bonds of any or all such employees for the faithful performance of their duties. Sec. 14. Whereyer in this Charter provision is made for the discharge of specific duties by a specific appointee, the appointing power of such appointee may designate en employee or employees in the same department with full power to act in niece of such aepointee in case of his temporary absence or other inabil- ity to act; and in other cases upon the written request of such appointee. Sec. 15, The Board shall, prior to the beginning of eech fistal year adopt an annual departmental budget and make an annual departmental budget appropids- tion, covering the antelcieatee revenues and expenditures of said department, Such budget shall conform as far as precticahle, to the forms and times provided in this Charter for he general city budget. Such budget stall contain a sum to be known as the "unappropriated balance", whieh sun shall be available for ape- ropriation by the Board later in the ensuing fiscal year to meet contingencies as they may arise. A copy of such budget, when adopted, and of every resolution subsequently adopted making appropriation from stud unappropriated balance, shall Promptly be filed with the Mayor and Controller or juditor, No expenditure Sean be made or financial obligations incurred by such department except as authorized by the annual departmental budget appropriation, or appropriations made subse,.. quent to said annual budget, or an otherwise provided in this. Charter. Provided, however, and anything contained in this Charter to ehe contrary notwithstandinge the Board shall have power, at any time, to pledge said unappropriated belence, or to contract with reference thereto, for any of the Purposes set forth in this Charter. Sec. 16. 10 money stall be drawl from any fund under the control of such department, except upon warrants authenticated by the, signature of chief aceopnt- ing employee of the deportment, who shall be directly appointed by the Board and shall be directly responsible to it in the discharge of his duties. The board shall file with the controller or auditor a notice giving the name and signature of the chief accounting employee authorized to Sign its demands as aforesaid. The Board by resolution may- authorize a temporary subseitution in the case of the absence or inability to act of the person whose signature is herein required. A cony of any such resolution of substitution shall be filed with the controller or auditor. Sec. 17. Any action by said department authorizing the eceuisition or sale of real property, np,roving of contracts which obligate the city for a longer period of time thin one year, or weich involves values in e-ecass of two thousand dollars (S2,00(.00), or whine involves a rule of general eer2fcation to be follow ed by the public, stall be taken by the Board by order or resolution. Every order or resolution adopting a rule of general anrincetion to be followed by the ruhlic shall be published once in a daily newspaper and shall take effect upon such putlecee ion. Sec. 18. (1) The Board is hereby authorized to borrow money on the scontite• of revenue lends to defray' the expenses of construction work in the Department. The principal and interest of such borrowed money all be eaid from the revenue fend pertaining to the meniciral works for or on. account cf which such indebtedness was created, and the principal shall be repaid in rot more than forty (40) years, but no paymeete of principal need be required during the first three (3) years following the date of any' such loan. 2. The Board is heroby authorized to make contracts providing for expenditure or incurring financial obligations to be Paid IL wncle or in part in seacceeding fisca years, for or on account of tee acquisition of any public utility, eed of extensions and iMprovoments of the works under the control of said Departmeat, all hayments under said contracts to be Made out of the revenue fund pertaininm, to the munic- ipal works for or on account of whitn such indebtedness was created. PROPOSAL 0. 0. That section 20, Article XIII of the Charter of the City of Alameda be amended to read as follows: Sec. 20. Unless otherwise provided by this charter, any officer or board authorized to appoint any deputy, clerk, assistant, or employee, shall have the ri- o t to remeve the person, so appointed. Members or erteinteea on boards or com, missions, created or appointed by the Mayor or City Council, may be removed by a majority vote of said council. PROPOSAL i0. 7. That Section 34, Article XIII of tee 'Charter of the City of Alameda be amended to read as follows: Sec. 344 The expressions "majority of the council" or "council majority" shall be interpreted as requiring the affirmative vote of three members of the council. The expressions "four-fifths vote of the whole council" or "four-fif- ths' cf the council", Or "four-fifths of all the members", shall be interpreted as requiring the affirmative vote of four members of the council. * * * DE IT FURTHER RESDEVED that the City Clerk be, and he is hereby directed to cause such nroposals and charter amendments to be published once iT the Alameda Times-Star, a daily newspaper of general circulation, published and circulated in said City; that said City Clerk shall cause copies of said charter amendments and proposals to be printed in convenient pamphlet form, and shall also, until the day fixed for said election, advertise, in the aforesaid newspaper e notice that such do- ries_ may be had at his office in the City Hall upon application therefor. 1, the undersiEned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meetina assembled on the lath day of September, 1934, by the following vote, to wit: AYES: Councilman Bruzzone, Morris, Tiedemann, Esenen and President Murray, (5). 10E9: None. ABSENT: Pone. 0 WITNESS WHEREOF, I have hereunto set My hand and affixed the official seal of said City this 19th day of September, 1934, D. ELKER DYER. ((( (SSAI 07 IME CITY))))) City Clerk of tho City of Alameda. AL11'E1EDA. I hereby- certify that the foregoing Resolution is a fall, true and correct copy of "Resolution No. 1170, Submitting Certain Proposals for Amending the Charter of the City of Alameda at the General Municipal Election, to be Held in said City on November, 6, 1934", - passed by the Council of the City of Alameda in re&aar meet- ing assembled on the lath day of September, 1934. City Clerk of tnel pity of Alameda.