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Resolution 01889RESOLUTION HO. 1889. DECLARING RESULT L ELGETION ON MMOSALS FOR AMENDING TEE CHARTER OE THE CITY OF h.:LAMED/a, REED ON NOVEMBER a, 1034. ma_ WHEREAS on the 1st d of September, 1934, there was filed with the. City Clerk of the City of Alameda a petition for Ifti1115.91011 of seven (7).. pro- posals for amending the charter of tha City of Alameda, and requiring the sub- mission cf such proposals to the electors. cf said City, and DEERDAS the City Clerk of the City. of Alameda duly verified the signatures attached to said petition, and attached thereto hin certificate n sufficieray, certifying Moat the same was signed by qualified registered electors of said city equal in. number to more than fifteen per cent. (15%) of the. total vote cast LrJ said City at the last preceding general state eleetlon, and pEesented the sane to the City Council, and flE.GBEAS the City Council of the City of Alameda did, by its resolutions Nos. 1,560 and 1076, duly adopted ut regular meetings of said Council, called and ordered an election to be held in said City of Alaene. on Tuesday, ember 6, 1934, for the purpose of submittins to the qualified. electors of said City said proposals to amend the Charter of said. City, pursuant to the provis- ions of Section 6, Article. XI of the Constitution of the tate of California, which said proposals read as follows, to-wit: PROPOSAL NO. I. That Section 9, drtiele 11 of the Charter of the City of hlemeda be amended to read es follows: See, 9, City Clerk. The duties of the City Clerk shall be as are prescribed by the counoil and provided by law. He shall hold office until removed by a majoTity vote of the council. PEOPOSAL NO. 2. That Section 6, Chanter 11, Article 111 of the Charter of the City of Alameda be amended to read as follows: Sec. 6. There snail be e city attorney) who shall be appointed by tie couhcii, und Who tu11 be an elector of the City at the time of his appointment, and who shall be an attorney and counceler-at-law duly admitted to practice by the Supreme Court of the State. He shall actually have been engaged in the practice of his profession for e period of at least four years next before his appointment. He shell held offiee until removed by a major- ity vote of the council. PROPOSAL AO. 3. That Section 1, Article Vli of the Charter of the City of Alameda be amended to read e: follow:7: Sea. 1. The council shall appoint a City Manager. He need not be a resideht of the State of California at the time of his appointment. His salary shall be fixed by the City council, but shall not be more than five thousand dollars per annum. lie shall hold office until removed by a majority vote of the council. PROPOSAL AO, 4. That Sectiohs 7, 0, 9 and 10 of Article Vil of the Charter of the City of Alameda be repealed, and s new Article added to the Charter of the City of Alameda, to be known es Article Vlla, and ';O read as follows: 3ec. 1. The Board of Police and fire Commiosiohers nhsll consist of three members, who shall serve 'without compensation. The members shall be elected, and shall hold office for four years, and' until their successors are elected and qualified. Said Beard shall be elected at the oar ce times and in the same madder es the members of the City Gounall, und shall be subject to recall as in this charter provided, an the case of the board first elected, the ore receiving the highest vote shall hold office until the third scccee election at which councilmen are chosen, the one recaiv1 the ec nd laa „,ost vote shall hold office until the second succeedu. g i'e'11101 ci y election; and the ether one shall hold office until the next general. cityr election at this Ch councilmen arc chosen, and until their successors are eiec min; =thing fir; 1w is charter to the contrary notwithstanding, an election_ shall be held z 7 i :ii s xt;y cia;rs after ratification of this amendment by the state le isl- ature, i`or t?,e pi7.rpose at electing the three nerbers of this board. Sec. 2, Vacanei Any r vacancy occurring in the board shall be filled toe seiraii 1 fig members of the board, and any person appointed to vacancy shall hold office only until the Next general municipal elect- i t..r1°®e a person all be elactec to serve far the remainder of such ion_, uner >pir In case commission consist by e majority vote commission shall n an.cies occur. See. 1. The d manage tc the and ;slit ip el' the del said ons on said Board shall be vacant at the same time, a g of the Police Judge, the n.ud.itor and Tax Collector, shall, the appointments and fill all such vacancies. Said uch appointments within thirty (30) days alter such vae e and Fire Commisoiomers shall have entire and fire departments in 112e 'pity. of x :lax :ode, r!, °-rtlele 11 of this charter. of the respective departments. from ents, and said chiefs, so appointed, Board. said respective departments shall be- ) ovisions of this Article. to time, make rules to 01 ..'_ = out ppcint 05 hol off ce at t'_3o plea Ail atr 01 members rf Board. su p to t'_ie hoar d shall, frosra r rtiele and for e smr of this. pr 11r+.1.or e amin. tile (Jrile ractical fully test duties of the trol all exami._ the assistance exa1 linat i to Th3 are be re'ta le, but such ac p person department w for any reason ex and -1; -mrment. _n accordance for employment in sa ?all be public. , corns with specified lihito riea. e rid floral ca . araeter, ar_d shall reiat ,r of the Denbo Sep:..o to shall be atla_ ^_ in c by said Board before such. exam pert-pants =shall he subject to and free. to all citizens of s as to the residence, age, sex, Such examinations shall be 1 o matters which will 1 examined y10 0) a. at-ge the appointed. fhe oou shal l. con- 'di tion 1s. to 'uoJ. T "laee, t'i l;Lain. ;o aid in ,areueri.ny f01 ena ecrdu 1 0' 3001 of the .1 this e e,^_dlime2l' subject t in the op11.10 a. G ". the service; ern. provided. ci ^c larpO c from member- affective data of this le for reappointment any specified limit- 5, am suitable r °aided, ho ever, that City- s"er`7 00 at the. nod in. their- respective pas person may be demo' for the good of the 'A Y'1 have been di- three- years. prior for cause, shall be o0 and Nation, being: required to comply sot fort tine, place and general scope of the examinations by publication for tile weeks preceedin,1 shell examin- in said city and such notice shall also 2euous ;;lace at the City Hall and in its. office Sec. 1 . Brom the exe lrirrat? c ns made by the Board, it shall prepare r register of the persons whose general avexage standing upon examination for such class is not less than the minimum for such. class fixed by 11e'rale0 of said Board, and who are otherwise eligible and s;aoL persons shall take rank upon the register as cand- idates in the order of their relative excellence a,s determined by their examinat- ion ;without reference to priority oi` the data of examination. Sec. fa ls:e Board s "rail, by" its rules, r•.rovi.de for file proicot10 cf the are -hers of said Police and dire Departments on the basis of ascertainment and sen- j.pr1t it ,service and exorlination;. and shall provide, in all eases where it 1s x'aeticable, that vacancies shall be filled by premotie`i. ':11 examinations for promotion shall be co petative among such members of lower rankto as desire to submit themselves to such examination and who have such experience, qualification_ or qualifications as max be required by the '.Board. as n prerequisite for taking such examination. Sec. 7. The Board shall., hp its rules, provide for (a) leaves of absence, (b) the transfer from 03" position tc a si rilar position in the same class, (c) reinstatement to :list of eligibles of 'persona wise have become separated from service or have been reduced in rank in the service, other than persons who have been removed for cause. Sec. 8. Subject to the general supervisic? cf said Board, 110 resvecti e chiefs shall have coroand of aid control of their r espective d.epartrca t. , ,rind small have the power to suspend, for cause, any member of t c r reslective de provided, . rweveri. that in tle event that the Chief c% e t er tile Police o DepaI`trlent shall' suspend, for cause, any member of his (1;:? �..Y't'- T;(300, he shall report the cause, in writing, to the Board with certification that a colsy> of such state - ment has been served upon the person se suspended, per;cnr.ily, or _oJ le(30111, a copy thereof at his last known place of residence if he cannot be found. ithin. fifteen (15) days after such statement shall have been filed, the said Board, upon its OZ11 motion, may, or upon written applieation of the person so suspended, filed uith said Board within Live (5) days after service upon him of such statement, shall proceed to investigate %be grounds for such suspension. If, after such investigation, said Board finds, in writ- ing, that the grounds stated for such suspension were insufficient or were not sustained, end also finds in writing, that the person. so suspended, is a fit and suitable person to fill the position front which he was suspended, said Board shell order said person so suspended to be reinstated or restored to duty. If the said Board finds the grounds stated for such suspension vere suff- icient, it may discipline the offending person or may remove the offending person from the department of wtich ho is a member, but no such person shall be rem- oved from such department except or notorious or consecutive insubordination or upgdect of duty, or upon conviction of a felony, ff said Board. stall order that any person suspended by the Chief of either the Police or the Fire Department be reinstated Or restored as above provided, the person so suspended shall be entitled to receive compensation from the city the same ss if he had not been mispeaded by the Chief cf said departheet. The decision of the said Board upon all matters of mispensioo, discipline and dismissal shall be final. Sec. cj'. The Board shall, by its rules, erovide for the establishment of and. gevern the keeping of service reoords of all members of sail departments, which records may be used as one of the bases for (a) promotion as provided by this Article; (t) lay-offs, thgough reductio n. in number of the said departments. Sec, 10. any member of the Board shall have the bower to administer oaths in matters pertaining to the work of the Board. Sec. 11. Any false statement wilfully made uhder oath eithor in a1 application or other paper filed It the Soad or in aay 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 az a misdunuanor. See. 12. Any officer or other person who shall. wilfully or corruptly, by himself or in cooperation 'with one or more other perbono, defea2, dessive or obstruct any pi rson. to his right of examination, OT chfruptly or falsely mark, grade, estimate or report upon the am-al:nation or proper standing of any person examined hereunder, or 13 id. in so doixg, or wilfully, or corruptly furnish to any person any special or secret information. for the numpose of either improving or injurimE the prospects or absences of any person se 13. 13. of to be exam:Urea, of being amployer, 13 .3 or promoted, shell be „guilty of a sledeneassr ara punished therefor. . Sec, 132 No applicant for appointment ix. eitraT of said departments, either directly' or indirectly, shall pay. or pronase to pay. any honey or other valuable thing to any person whatever for or 13 account of his appoint- ment, and no officer or member or said departments shall pay, or promise to ay, either directly or indirectly, any money or other valuable thing whatever, for 013 130" account of his promotion. The commission of any act prohibited by thi s. section shall bh a xisdensanor and punishable as shah. See, 14, Any person bolding a position in either of said departments who wilfully violates any' cif the previsions of this Article ehall, after heariur 1' sale Board, be subject to being. suspended, removed from mehler- ship in said dopartmonts, jr otherwise disciplined- PR5POOL0 NO. 5, That Sections 1 to 12, ieclusive, of Article X of the Charter of the City. of Alameda be repealed, and that there ho added to said Article 10 the following Sectiche 1 to 10, inclusive: Sec. 1. There is hereby cTeutea u department of the City- C■overument. under the name of the Bepartmant of Public. Utilitaes. Said dedertment shall ee under the control and 1110, of a board of five 131) 13 and which shall de known as the hoard of Public Utilities Commissioners. Said board shall be elected at the same times and in the 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 held office until the second succebd- log geberal city election at which councilmen are chosen, (1) the other two shall hold office until the next siten succeeding election and until their 3,000 '3.3135 are elected and qualified. Mnything in this charter to the contrary' notwithstanding, on election shall be held vithin sixty days after ratification of this amendment 5, the State. Legislature, for the. purpose of electing' the five mambers of this Board. The present members of ths ',Shard of Public Utilities shall. hold office only until their successors ere elected and qualified. The 11,eard shall hold regular meetings 01 1. the second ThursdaT of every month at oignt o'clock P. ., rn the office of the Oepartment of Public. Util- ities, It shall .serve without compensation, but necessary expenses incurred by their snail be a proper chore against the city, and when cbrtified by the city acCiftor, shall he paid. Been lu. Lny vacancy occurring on the Board shall be filled by a milority vote ef 1 he re .13" numbers, See. •2. es seon as practicable after the first day of 1) in. 1010 year, the Board shall organize by electing one of its memeers president and one vice president, which officers Xrall hold offieu pntil their successors are •elected, unless their wm,bershit, Oh the Beard sooner explkes. Thu election of (whet succee- ding presndent and vice-president shall be held at the meeting of the Beard dUring the lmet week in Jkly of each year. The Board may fill for the unexpired term azy vacancy occurring in. the office of president or vice-president. All meetings shall be in a public office of the Beard, with reasonable hxovision for attend, . ance by the public. Sec. 3U The Board shall appoint a secretary, not is member of the board, and. one chief aboorntlng employee who muy be secretary. The secrotary shall koep a record of the procee1 ings. and transactions of the Beard, secifying. therein. the names of the Commissioners at all meetings and cdving the ayes end. noes upon. all votes. lo to post (0 nd.. pub1 ish.. all orders, resolutions and net- ices Wilich the Board shall order to be poste/ Or published, and shall perform such other duties as are herein, OT may be by order of 1 Beard, imposed upon. Scc4 4. The. T3oura of Public Utilities shall have power (subject. to the )100V4 33)' of this crperter and 10 such ordinance.; of the city as are not in con- flict with the grants of power mode to this department of the City government elsewhere in this. charter), to superviso, control, regulate and manego the de- portment and to make and enforce all necessary and desirable rules and regulat- ions tterofor and for the exercise of the powers conferred upon the department 13 ti charter. It shall have such .l o301 powers and Perform su0 h. other dut- ies as may be granted or imposed elsewtere in this Charter, or by ordinance not in conflict with the provisions of this Charter. No grant of power by this Charter to this department of the city government shall be construed to restrict the power cf the Council to enact ordinances under the D0.1105 power of the cityPexcact es otherwise specifically provided in this charter. See. 4ma. rho hoard of Public Utilities shell have power tc, do work for other departments of the city at ccst. It shall control all allied activities, such ao the police telephone and telegraph systems, fire alar m. system, police flash. light system., and, subject to ordinances made by the city- council, shall control the inspection and supervision of electrical wires and appliances for furnish- ing light, hoot or bower in, under, over or upon the streets and buildings. of the City of hlemeda. Sec, 5. The power conferred by this Charter upon the Board shall be exercised '31 order or resolution adopted by a majority of its members are rec- orded in the minutes with the ayes and pees al length. Much action shall be attested by 11011 signature of tre president or Vie-president, or two members of the. board, and by the signature of the secretary or the board. Sec. 6. The Department of Public Utilities shall have the power to use a corporate seal, to 5130 and be sued, end 'co rave perpetual succession; it shall have the homer and duty; 1. To acquire, construct, operate, mointain, extend, menage, and control works end property for the nurpoce of supplying the city and its inhabitants with. water and electric energy, gee, transportation, telephohe end telegraph service, ice. Or other systems of pro viding and distributing refrigerating means, materials and service, 02 any of them; and with any other pablie utility, and to acquire and take, by purchase, lease, condernation, 02 otherwise, and to hold, in the name Of the. city, any end all property situated within or without the city, and within or without the state, that may be necessary. or convenient fhr such purpose. TO borrow money for any or all of such purposes on terms aad conditions prescribed by said Board, said indebtedness to be payable only cut of the revenue fUnd pertain- lug to the municipal UOrkS fcr or on account of which such indebtedness was created 2. Th regulate and control 1019 use, sale, and distribution of water, elect- ric energy, gas, transportation and any other utility owned or controlled by the city; the cellection of rates therefor and the granting of permits for connection. with said water or electric works or gas or transportation or other utilities; and to fix the rates to be charged 3110 such connection; and to fix, by contract or otherwise and for a term deemed reasonable by the board, the rates charged for water or electric energy, or transportation or any other utility for use within or 'without the city and to prescribe tba time and the manner of payment of the same;. provided that, except as hereafter otherwise prescribed, such rates shall be of uniform operation as rear as xay be, and shall be fair and reasonable taking into consideration, among other things, the nature of the ute, the quantity supplied, and the value of the service; provided further, that the rates inside the 011]' may be less, but not greater, than the rates outside the city fhr the some or similar uses. 3. To supply and. distribute, at rates fixed 90 hercieleforc provided, any surpluc water or surpluo electric energy or surplus gas or surplus of any other utility. owned or controlled; aad tc by contract or othorpise, the rates to te charged for public utilities for use without the city, and to prescribe the time and '13 ‚00" of the tame. 4. In. the discretion of the board, to divide the work of the departnent into as wany bureaus es the naufber of public utilities it controls, and to discon- tinke edch bureaUsland to consolidate the work of any such. In case such divis- ion is made the board shall have the power to appoint a general nanager for eabh such bureaux in 1 ieu 31 one General manager 1 or the 0 ntire 331., '0 Bash such general manager shall..bo the chief engineer of his department, and shall be direct- ly responsible to the board, and shall have the same powers and duties as the de- partment general manager in relation to the affairs of such. bureau and in relation to the board. A majority vote of the members of the whole hoard shall be necess- ary to remove such department general manager or a bureau. general manager. 5. In the event that all or any portion of a utility is acquired by the Department of. Pallid. Utilities under a cent evlaing for the payment in vthole or in part of the purchase price thbreof out of revannes to be obtainbd from soda utility, then, at its option, to appoint. an agent, corporate or in- dividual, to have charge of and to manage thb sairi utility, so far as may be permitted by law, pending the time that the revenues of the utillty shall the full purchase price thereof. In the event of the appointment of such agent by contract, the provisions of sections affecting. the pbwers ann. duties of the Menages. and of the Manager of such. utility, shall be subpended as to .5)0 utility durinw the term of such contract. 6. To sue and be sued, and to require the servibes of thb City Attorney in '1 oases, to which the Board OT department is a party, provided, that. the Board may employ otrer attorneys to assist the City Attordbya 7. To lease, for a term net exceeding five years, any. or 1 of the lands unaer its control for agrioultbral or other purposes, inlich shall not conflict with. the beneficial uses of nand lands by the. city for the purposes for which. they are held by the Board, and cxcept as otherwise '01 100, iu this Charter, to sell, from time to time, such. personal property, Placed under its control, ae shall nbt no . longer necessary or suitable for the uso of such department. The B1301O shall have the r_'ht, in conjunction with the joint USO of pipe lines, poles, Or pole facilities, with other utilities ownino and maintaining:p:ire lines, poles or pole. facildties, to buy, sell or lease fractional interests in pipe lines, poles or role 1..O1 0.101 ovmed or controlled by said. othor utilities or by said Board. i',1e real property nor any righte or interests .5 n. real eroperty held 27 said Board shall. bo sold, dossed, or otherwise disposed of, cr ih any manner ritharawn from its control, save 85 above provided, unless by written instryneht duly authorized by' ordinance of the city- and a resolution of the Board, and duly- executed by the city and Inc Board. Nb water or Tater rights nor any of the following property nbw or hereafter owned or controlled by Ilse city, to wit: gas, electric energy, or the right to develop. electric 07 other potter by means of an water or water right new or here- after owned or controlled by the city, shall ever be sold, leased. Or disposed. of, 1'l whole or in part, without the assent of two-tlarde of the qbalified voters of the city votihg en the pi opasltion at a general cr special election, at whAch such proposition. shall be lawfully suhmitted, and. no water shall ever be sold, supplied or dibtribbted t any person or coreoration, other than municpal, far resale, rental or disposal to consumers or othea persona. Neither shell any electric dower or gas ever 1 sold, supplied or distributed tb any person of corperstion other than 10110 for resale, rental or disposal to consumers 13' other persons with.- out the aeseot of two-thirds of the qualirlea voters of said city given, de aforesaid; provided, that nothing in this section contained shall be construed to prevent the ordinary sale and distribution. by' the city of VOter, gas and electric energy, to its inhabltairts for their own. use, or to prevent the supplying or dis- tribution, 1] the city, of surplus electric energy o gas to consaners Dr municipal corporations outside of the city, as elsewhere 01 this charter provided, a. To centred, and order, except as otherwise in this Charter provided, the expenditure of all money received from the s8le or use of water, or from any other source i5 .. cennection. with the operation of sand water work's, and all money received from the sale or use of•electria energy ez fro, . any ether soarce in connection with the operation of said electric works, and all money received. froii . the sale OT use of gas or of transportation or of any otner public utility, or from zny other source ill connectien with the operation of 1)60' of said publi0 . utilities; provided that all money pertaining to each of said utilities shall be deposited im the city' tressuary to the credit of 8 special fund created for each of said utilit- es, and the oeney 50 deposited in each special fuhd shall be kept separate dn13 . apart from other money of the city' und shall be drawn only from said. fund upon demands authenticated by signature of thu chief accounting employee of said board. Any inlerast or increment received on the money in Eby such special fund shall be paid into su5 h. spacial fund and become a sort thereof'. dlestion 7. None of the money in or belonging to any of said spacial revenue funds shall be appropriated or used for any puineuse exUelpt the following' purposes pertaining to the rainiciped w5rhb from on au account of wb.ict such money was received, to wit: ls Fox the necessary expenses of operating. and maintaining such. works, 2. Frr the payment of the principal and interest or eithem due ar eordmtp due undrr eontraat or upon outatanb,ing bonds, notes. nertifieates ar other evid- ence of indebtedness issued against revenue of suoh. works, or bonds or other 100,00 11 of indebtedness, general or ristrhot, heretofore or hereafter issued for the acquisition of such. works. or parts therewf. 3. FOT the necessary expenses of constructinr extending and improving bra0 h. works, including the purchase of lands, water rights and. other property; also the neehissasow expanses tif conducting and extending the business of tile department pertaining to gush works; also for reintuTsenent to another bureau on account of services rendered, or raterial, sumplies, or equdument furuishedr also for ex- penditures for tho purpmse-fcr which sends, or evidences of indebtedness shall have •Sees wdthorized, shhjeot to reimbursement as soon as praoticahle from. moneys derived fmor. the sale OT issuance of such bonds Or evidanaes of ihnebtedress. W. For defraying the expenses of any. pension system applicatie to the em- ployees ot• the department that shall be established. 0 p- F,5 at obligations municipal aUrk2 and cP. ot _ r reserve e • s o r• by resolution, , io genera receavoe and/ f of a ex en O make any such acquisition, of the appropriations for a single .i.s(3 year, 1 budget and make s pecial approrriations L °:er°etc?r 1(031 .ati.11. for each . fiscal ;seat Curing n'!iCli the Betterment is expected to be ?aid, 11 x 3 .'ten. Board Day is?ncr. e hnenctal or trga ebur; pro 'vid110 that :ao such special o; T) ' ' a ti.o ads unless, on. report of the general manager oft s to which such impro departments, it sh ll find tip.. t.4ie x.°.asun 11,]..y ex- Yi a:r Ca? sear for w1,134 such appropriation lu of such appropriating in cost of € cqui i io of - public uti. "4" utility frhm funds. derived from ii/or from revenues ; better_I nts y ain "+xrso d in cr4rdance wit she pee made 011:1 addition to rair. bonds, vided for bud to cover the necessary eager es of operating r w ,. •1 and i.r.Ler00., c r. out. ^t this Charter, and findings Or resolutions auto- quired to apportion and set apart; opt i `,rt ,na?..S tC:, o.3eer i;,.L1 £`1123,;.1 , ^,0 01 zl 0..t3e 'r1 said year for rroric'i ;llaJ. Cilia. bonds, notes¢ certaficatcs or. stir, OV er1340 of tadebteru.ess issued -ions of =,rpropr; 3: +4 „ode by any prior spe3.343 7' et 611111 be suo, It s:C1l].. be the duty cf for each fi CO year to 1no'u ecti{}Yi Vii„ '13,9 hoard Si' revenue fund. in tlr i'y treasury pertain a,acunt or enrunts t to 't 4, at mat year ter nri=xc ip xi, and iza c ore t,' upon all outst i Lat'013 issued f the works, tfa ns, and also 41:1 SUMS CUM ix Ile is =T a a pear for prrnc.ipai. and interest upon. all 0.316,13") . .y di 5tr Ut bonds, issued 0i such purposes, or s'uClt part of the last mentioned x _- as can be paid from moneys. in said fund net appropriated, to othor rumpuses and the Board finds ore not required to meet outstanding c'b- io,:s or liabilities payable out of said fund, including the princirn t and s; and/or either obligations; and said amounts shall be fund in the city treasury, to be designated --rated s.eai.al fund., and tho money it to apportionment h';!' io e Controller Or Auditor lento 01. 13 the principal and.. interest of said er purpose. Any interest or in- ue`t: special fund shall be paid Lute such . ne fo3'0&CJng provisions of this now outstanding or hereafter issued; ex.- Board ma,, in its discretion, a.,pl °,v the permitted by this Charter, and in ' 'e of such discretion it shall de- ' ovenue fun s, and all sums re -. rs and other similar sources for appropriations for, and and fUr like putt ses'as ion upon adopting the ; appropriations been nie , ,u• any such tior; and set apart out of the etch such municipal works an. ... --..._ _ J.ue In • said other oh- fund our- (erred ?ie 1ilclicatl soecia.l fats as 334, bonds and Cr e e_1t 30. • special fund and b section shall cent us it this i"or.ey'a in such revenue 0.310h order and 3.7.01 termine. Balanne re la11 1l, (eiv`ble into said fund 0rcJ.ix tiara at the close of as:; • fiscal rear, expenditures in, suscecdir.r, fiscal evenues reeeived during s0,0.3 succeeding X30111 bills ail be Sec. 10. The Board dial who .shalt any civil sex',, c34 13 to ,x01: w," duty on u avail and have the power to remove the ffiaer and. mho shall not Such general manager ve been y member within one year of the general manager to comply dishonesty, a .7COur. s, cr shell constitute 33e'a:3te provis awl nor ,. ur3 on d by i, removal b said board, provided that the person affected shall be written nGtic of the grounds o e lrcpc,:sc a rerzoval and apportar�=- i he beard. .. of the department, and i an the 1 of accounting enslave f 1. ?ril service Provisions of 1 or transfer the employees expend the department in accordance with 1. To recommend to the ?ooa " iof° , an an.a.ual departmental budget covering the of the department:,, conforming so or as L`7'EaC ° °, vided in this Charter in relation to the genera '1'o certi Sea. , The • i.ez °sl z' n shall file with the board c c-;z°i. Sec. 13 The 3card s1 ?a11_ .revia the department. It shall create ;:'4i ".zo the necessary deputies, aesictent 1 li:, the salary of the general_ manag quire bc3:xas o s: " or s11 such employees for the [11156s. d. beginning of each fiscal ,%ear. t El d revenues and a.rpe._ditures the forms and dates '3'tr.:.!^- ,y the ac 551_i tretion of the department such department, at least :nice a. n.0ntr., ert 1 the work of the department. ble q *e.1ers, applies l tuer.t, of the department, a_ arge of ch abi full 'oo5er to inabi.l- :npoitttee. Sec. 14 } }. "_'e oarci ,iiµ w an an, a_.1 ue a ezltt 1 budget ion, cover.. *l: ", :,T:.2 anti C;h fit budget ,LC:LL eonfcra„ as prior to the beginning 11 each fiscal year a o. u make an annual departmental ouagei aalarosr:iat- venueS and G'3:i, e2L.tti��.. urge of said dept 1"tT:r Such as practicable. 'C. i7 110 :1:'(,'1 11, and times rovided in. this Charter for the general city budget. knorn2 as the "unappropriated balance", =u'e.i.c i 1 1 11: by the Beard later in the ensuing. e. _ copy of such budget, when adoo- adepted Tasking appropriation dPo promprll° be filed with the Beyer arid. Controller shall k,e s:;ade of financial olh, igat az a anc� 1rrod 01 t }crized t t;'ae annual departmental d yade subseT said annual budget, Provided, •iaul,'ever• ;ane anything contained i.l tr s tonL 1ri, , the Curd. shall have lower, at an any runtec balance, or to contract with reference 'there set forth in tli i s C'riari.at Sec. 1b No money sofa e z se'f>t upon t^ r l5 e r1 Leid i rirat 1 c ontadh a 1511 to be available. for n. orc- at contingencies as i.ated No e _pa lidit department except aS or cr appropriations d in this Charter. to pl for any of be drawn from any- .±'urid unifier the =eon ent:ic•ated by the imature of chief di sootly appointed by the Beard and sha 2 his duties. The heard shell the name and signature o1 ands as aforesaid. ption in.. the cese herein re;u l- the co .r.- of the sibs e1. tr audit' Sec. 17. of resl property, , lod of time tn. ($2,000.0( b,,_ the public, 3iia order or resolution ado shall be publish employee authorized ' cn c,t.o_yi ze a t of the person t1. ut abi1 such rc:.a said department ts which tDL,'lega involves values by tL Odle of general order or reco1_u f i.3:titin to be on op sale 111 -:e1 t}r�las•a.1u be f"ollr;r Every, d by the u.101 Seca .l:c. All The Sorzrd is r.ereay authorized to borrow money. on. the security of ,e -enue bonds to C ef-1�; t.' -.ii~' 1 :`2Y7.`". -eS i:• e11 5 1,,. "4�1Car ,`:31`i S.. ".i tll.c .r.G 47e .,. ht. 5 11 interest of SUCll borrowed 0 017e'% 8!.1u,1 be 1 i er, the 0) 1].Gi.A a.l T?ci'i£u Pel." or on indebteC xew:s 11 creat <r., and the x x °ax c pal shall be ropaid. forth {t4) ;;years, but zc savrraen.us of` t;rinclIc:1 need be .ega.ired first-. (,i) yea 1crl?u date of allya such, loan. such 2. The Board is hereby authorized tr. make contracts providing for cow- pendithre co incerrinc financial obliegations Lo be paid in whole or in part in succeedinc fiscal years, for or on account of the acquisition ef any public utilitw, and o31 extensionu a . uro oc cts f the werks under lihe control of said Department, all a.i7ments under said (contracts to be made out of the revenao fund pertaining to the liumicdped works for cr on. account cif which such indebtedness was created. PROPOSAL 86. 6. That section %0, Article X111 of tee Charter of the City. of Alameda be emended. to read as foliewst Sec. 20. Unless otherwise provided by obi s charter, any officer Cr board authorized to archeint any deputy, clerk, assistant, o emoloyee, shall hays the right to remeve the werson oo appointed. ifenliers 01 appointees on Wcords OT commiswions, created. 00 appointed by the Mayor or 1]. 313 Council, may be removed by a majority vote of laid council. PROTOSAL NO. 7. That Section :54, Article .ill of the Charter of• the City of Clamoda be amended to rea. ao. follows: Seo. 34. Thu expressions "majority' of the council" or "council. matjority9 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- -fifths (0 the council", or "Tour-fifths of all u members", shall be interpret ed as requiring the affirmative vote of four members of thw council. h * * AND EF.fikAS 1rtiole Z1 mf the Den-freer of the City of• Alameda provides that a g11 neral. municipal election be hold. on Tuezday, Novreem 3, 1934, iu said City, and V4EREAS said general. msmicipal electien, and. said election on said. charter amendments were, pursuant to law akd by reSolueion and order of the City. Council of said city, and the Board of Depervisors of the City of Alameda, State of Califamf1c, duly and regularly consolidated with the general state electron to .113 held on Oko saae day, and WMEREAS said. Resolutions Nes- 186994nd 1876 of said City Ocuncil, being the resolutions. callinw said municipal elections, duly- ena•regelarly authorized the Bound of Supervisors of the County of Alameda to canvass the returnu of acid munloiphl elections, and certify Oho returns thereof to this Council, and =ETAS the said municipal elections were (0' and. redularly held in said City on the 5th day of November, 1934, and the returns of sald elections oure, fn accordance. with law in such cases made and provided, duly. and regularly canvassed by the Board of Supervisors of the County- of Alameda, and the County. Clerk of said County havdng cortified to t1c tlity Clerk of thd Citw of Alowsda, and to this Conhele, and. it heving been. duly found, deterndried and declared by said Board of Supervisors, that the total number. of rates cast for and asuinst thw said Charter hmendments was 15,291, and that the of upon the said proposals to amend the said °Tarter was as follows: Proposal No. 1 Votes in favor of said proposal • . . 63120 Votew agarnst said proposal. 5652 Proposal No. 2.. Votes in favor of said proposal Votes against said. proposal . 0 6812 • • }, 5671 Ppoposc-u,• 3. Votes in favor of said proposal 6 0 • 4 . 51199. • Votes against said. rToposal a C)0653: Proposal Votes in favor of said proposal 0 4, . e . . 6590 fetes against said 'proposal . . . • 0 3 91g Proposal •c. '62a Totes in favbr of said proposal Votes against said proposal . 610C Proposal No. G. 65CV Totes in favor of said proposal . 5776 Votes agaihst said proposal Proposal No, 7. Votes is favor of said proposal Votes against said propooal 5176' NOV' THEREFORE, BE J. REEELVED that this Council finds and determines that a majority of the nueLifted electo rs. votinc. on sae. Proposals Nes. 1 to 7 inclusive, voted in favor thereof, and brat said proposals are hereby declared ratified and approved. I. the undersigned, herelj y. certify tsat the foregoing 'Resolution was duly. 000 regularly introduced and adopted by the Council of. the City of Alameda ix re.gbiar meeting assembled on tha Wth. day. of November, 134, bp tha following vote, to wit: Councitmeh Eschea, Morris, Eoebke, Tiodemann and President 'Murray, NOES: None. AESENT: None. IN' WITNESS WHEREOF, I have. hereunto set my hand and affixed the official seal of said City this 21st day o avember, D. ELMER DYER. (Cana OF ME CITY))) ) ) City Clerk of the City of Alameda. LILAIMA. 1 hereby certify that the foregoing Resolution ip a full, true hand correct copy of "Eesolution No. 1829, Declaring esalt of Election on Proposals for Amending. the art, o' the City. of Alameda, Eald on November 2, 1t12, - passed. by the Council of the City of „Alameda in regular maeting soer .Leci on the 20th day of NoverlaT, city cy,_ C) 0Alameda.