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1883-03-13 CharterCHARTER GE \ERAL ORDI\A\ CES IN FORCE FEBRUARY 1, 1894; RULES OF THE BOARD OF EDUCATION, BOARD OF HEALTH, AND TRUSTEES OF FREE LIBRARY AND READING ROOM ; REGULATIONS OF THE SCHOOL DEPARTMENT, POLICE DEPARTMENT, AND FIRE DEPARTMENT OF THE CITY OF ALAMEDA. COMPILED AND PUBLISHED BY ORDER AND AUTHORITY OF THE BOARD OF TRUSTEES. 1894. COMPILED BY CITY ATTORNEY EDW. K. TAYLOR AND J. E. BLAND. ALAMEDA, CALIFORNIA: ARGUS PUBLISHING COMPANY, PRINTERS AND PUBLISHERS. CHARTER OF Municipal Corporations of the Fifth Class. An Act to provide for the Organization, Incorporation and Government of Municipal Corporations, approved March 13, 1883. CHAPTER VI. ARTICLE I- GENERAL POWERS. SECTION 750. Every municipal corporation of the fifth class shall be entitled the city of (naming it), and by such name shall have perpetual succession, may sue and be sued in all Courts and places, and in all proceedings whatever, shall have and use a common seal, alterable at the pleasure of the city authorities, and may purchase, lease, receive, hold and enjoy real and personal property, and control and dispose of the same for the common benefit. ARTICLE II- GENERAL PROVISIONS RELATING TO OFFICERS. Officers. SEC. 751. The government of said city shall be vested in a Board of Trustees, to consist of five members; a Board of Edu- cation, to consist of five members; and whenever a free public library and reading room is established therein, five Trustees thereof, —a Recorder, a Treasurer, a City Attorney, a Clerk, a Marshal, an Assessor, and such subordinate officers as are herein- after provided for. Election and Term of Office. SEC. 752. The members of the Board of Trustees, and of the Board of Education, and the Assessor, Marshal, Treasurer, and Recorder, shall be elected by the qualified electors of said city, at (9) IO CHARTER OF THE a general municipal election to be held therein on the second Monday in April, in each odd numbered year. The Assessor, Marshal, Treasurer, and Recorder shall hold office for the period of two years from and after the Monday next succeeding the day of such election, and until their successors are elected and quali- fied. Members of the Board of Trustees and of the Board of Education shall hold office for the period of four years from and after the Monday next succeeding the clay of such election, and until their successors are elected and qualified; provided, that the first Board of Trustees and Board of Education elected under the provisions of this Act shall at their first meeting so classify themselves, by lot, as that three of their members shall go out of office at the expiration of two years, and two at the expiration of four years. The City Attorney and the City Clerk shall be appointed by the Board of Trustees, and shall hold office during the pleasure of the Board of Trustees. The Board of Trustees may, in their discretion, appoint a Poundmaster, to hold office during the pleasure of the Board; also, a Superintendent of Streets and a City Engineer, both of whom shall hold office during the pleasure of the Board, and both of which offices may be held by the same person. [Amendment 1891, p. 21.] Official Bonds. SEC. 753. The Clerk, Treasurer, City Attorney and Marshal shall, respectively, before entering upon the duties of their respec- tive offices, each execute a bond to such city in such penal sum as the Board of Trustees, by ordinance, may determine, condi- tioned for the faithful performance of his duties, including, in the same bond, the duties of all offices of which he is made by this chapter ex- officio incumbent. Such bonds shall be approved by the Board of Trustees. All bonds, when approved, shall be filed with the Clerk, except the bond of the Clerk, which shall be filed with the President of the Board of Trustees. All the provisions of any law of this State, relating to the official bonds of officers, shall apply to such bonds, except as herein otherwise provided. Every officer of such city, before entering upon the duties of his office, shall take and file with the Clerk the constitutional oath of office. Vacancies. SEC. 754. Any vacancy occurring in any of the offices pro- vided for in this Act shall be filled by appointment by the Board CITY Oh' ALAMEDA• II of Trustees; but, if such office be elective, such appointee shall hold office only until the next regular election, at which time a person shall be elected to serve for the remainder of such unex- pired term. In case a member of the Board of Trustees is absent from the city for the period of ninety days, unless by permission of the Board of Trustees, his office shall, by the Board, be de- clared vacant, and the same filled as in case of other vacancies. Compensation. Stc. 755. The members of the Board of Trustees shall re- ceive no compensation whatever, except while acting as a Board of Equalization; the Treasurer, Assessor, Marshal, Clerk and Recorder shall severally receive, at stated times, a compensation, to be fixed by ordinance by the Board of Trustees, which com- pensation shall not be increased or diminished after their election, or during their several terms of office. Nothing herein contained shall be construed to prevent the Board of Trustees from fixing such several amounts of compensation, in the first instance, dur- ing the term of office of any such officer, or after his election. The compensation of all other officers shall be fixed, from time to time, by the Board of Trustees. [Amendment 1889, p. 39o.] Election Regulations. SEC. 756. All elections in such city shall be held in accordance with the general election laws of the State, so far as the same may be made applicable, and no person shall be entitled to vote at such election unless he shall be a qualified elector of the county, enrolled upon the great register thereof, and shall have resided in such city for at least thirty days next preceding such election. The Board of Trustees shall give such notice of each election as may be prescribed by ordinance, shall appoint Boards of Election and fix their compensation and establish election precincts and polling places, and may change the same; provided, that no part of any ward less than the whole thereof shall be attached to any other ward, or part thereof, in forming election precincts. At any municipal election the last printed great register of the county shall be used, and any elector whose name is not upon such printed register shall be entitled to vote, upon producing and filing with the Board of Election a certificate, under the hand and official seal of the County Clerk, showing that his name is regis- tered and uncanceled upon the great register of such county, provided that he is otherwise entitled to vote. 12 CHARTER OF THE Eligibility to Office. SEC. 757. No person shall be eligible to hold any office in such city, whether filled by election or appointment, unless he be a resident and elector therein, and shall have resided in such city for one year next preceding the date of such election or appoint- ment. Free Library. SEC. 758. The Trustees of any free public library created or existing in such city under the provisions of an act entitled "An Act to establish free public librai ies and reading rooms," ap- proved April twenty - ixth, eighteen hundred and eighty, shall be appointed by the Board of Trustees in the same manner as other officers are appointed under the provisions of this chapter, any- thing in the provisions of said act to the contrary notwithstand- ing. The term of office of such Trustees shall be four years, and until their successors are appointed and qualified; provided, that in case of a vacancy, the person appointed to fill the vacancy shall hold the office only till the expiration of the term and the appointment and qualification of his successor. [Amendment 1889, p. 390.] ARTICLE III - LEGISLATIVE DEPARTMENT. Board of Trustees. SEC. 760. The Board of Trustees shall meet on the Monday next succeeding the date of said general municipal election, shall take the oath of office, shall choose one of their number Presi- dent, and shall hold regular meetings at least once in each month, at such times as they shall fix by ordinance. Special meetings may be called at any time by the President of the Board; or by three Trustees, by written notice delivered to each member, at least three hours before the time specified for the purposed meet- ing. All meetings of the Board of Trustees shall be held within the corporate limits of the city, at such place as may be desig- nated by ordinance, and shall be public. Meetings. SEC. 761. At any meeting of the Board of Trustees a ma- jority of the Trustees shall constitute a quorum for the transac- tion of business, but a less number may adjourn from time to time, and may compel the attendance of absent members in such man- MTV OF ALAMEDA. 13 ner and under such penalties as may be prescribed by ordinance. The President of the Board shall preside at all meetings of the Board, and, in cage of his absence, the Board may appoint a President pro tem.; and, in case of the absence of the Clerk the President or President pro tem. shall appoint one of the members of the Board Clerk pro tem. Rules. SEC. 762. The Board of Trustees shall judge of the qualifi- cations of its members and of the election returns, and determine contested elections of all city officers. They may establish rules for the conduct of their proceedings, and punish any member or other person for disorderly behavior at any meeting. They shall cause the Clerk to keep a correct journal of all their proceedings, and, at the desire of any member, shall cause the ayes and noes to be taken on any question and entered on the journal. Limitation on Passage of Ordinance. SEC. 763. No resolution granting any franchise, and no ordi- nance for any purpose, shall be passed by the Board of Trustees on the day of its introduction, nor within five days thereafter, nor at any other than a regular meeting, or an adjourned regular meeting, and no such resolution and no ordinance granting any franchise shall be passed without being first submitted to the City Attorney. No resolution or order for the payment of money shall be passed at any other than a regular meeting, or an adjourned regular meeting, and no resolution or order for the payment of money, no resolution granting a franchise, and no ordinance for any purpose, shall have any validity or effect unless passed by the affirmative vote of at least three trustees. [Amendment, 1889, P. 390. Powers of Board. SEC. 764. The Board of Trustees of such city shall have power: Ordinances. 1. To pass ordinances not in conflict with the constitution and laws of this State, or of the United States. Purchase Real Estate. 2. To purchase, lease, or receive such real estate and per- sonal property as may be necessary or proper for municipal pur- poses, and to control, dispose of, and convey the same for the 14 CJ- TARTER OF THE benefit of the city; provided, that they shall not have power to sell or convey any portion of any water front; but may rent such water front for a term not exceeding ten years for the purpose of erecting bathhouses thereon. Water Supply. 3. To contract for supplying the city with water for munici- pal purposes. Public Highways. 4. To establish, build, and repair bridges; to establish, lay out, alter, keep open, open, improve and repair streets, sidewalks, alleys, squares and other public highways and places within the city, and to drain, sprinkle, and light the same; to remove all obstructions therefrom; to establish the grades thereof; to grade, pave, macadamize, gravel and curb the same in whole or in part, and to construct gutters, culverts, sidewalks and crosswalks therein, or upon any part thereof; to cause to be planted, set out and cultivated shade trees therein; and generally to manage and control all such highways and places. Sewers. 5. To establish, construct and maintain drains and sewers. Fire Engines. 6. To provide fire engines and all other necessary or proper apparatus for the prevention and extinguishment of fires. Poll Tax. 7. To impose on and collect from every male inhabitant be- tween the ages of twenty -one and sixty years an annual street poll tax, not exceeding two dollars, and no other road poll tax shall be collected within the limits of such city; provided, that any member of a volunteer fire company in such city shall be exempt from such tax. Dog Tax. 8. To impose and collect an annual Iicense, not exceeding two dollars, on every dog owned or harbored within the limits of the city. Property Tax. 9. To levy and collect, annually, a property tax, which shall be apportioned as follows: For the general fund, not exceeding sixty cents on each one hundred dollars; for street fund, not ex- CITY OF ALADMEDA. 15 ceeding thirty cents on each one hundred dollars; for school fund, not exceeding twenty cents on each one hundred dollars; for sewer fund, not exceeding ten cents on each one hundred dollars. The levy for all purposes for any one year for all purposes to whicli.such funds are applicable, shall not exceed one dollar on each one hundred dollars of the assessed value of all real and personal property within such city. Licenses. to. To license, for purposes of regulation and revenue, all and every kind of business, including the sale of intoxicating liquors, authorized by law and transacted or carried on in such city, and all shows, exhibitions, and lawful games carried on therein; to fix the rates of license upon the same, and to provide for the collection of the same by suit or otherwise. River Improvement. it. To improve the rivers and streams flowing through such city, or adjoining the same; to widen, straighten and deepen the channels thereof, and remove obstructions therefrom; to improve the water front of the city, and to construct and maintain em- bankments and other works to protect such city from overflow. Municipal Buildings. 12. To erect and maintain buildings for municipal purposes. Tracks and Pipes. 13. To permit, under such restrictions as they may deem proper, the laying of railroad tracks, and running of cars drawn by horses, steam, electricity, or other power thereon, and the laying of gas or water pipes in the, public streets; and to construct and maintain, and to permit the construction and maintenance of, telegraph, telephone, and electric light lines therein. Ward Division. 14. In its discretion to divide the city, by ordinance, into a convenient number of wards, not exceeding five, to fix the bound- aries thereof, and to change the same from time to time; pro- vided, that no change in the boundaries of any ward shall be made within sixty clays next before the date of said general mu- nicipal election, nor within twenty months after the same shall have been established or altered. Whenever such city shall be 16 CHARTER OF THE so divided into wards the Board of Trustees shall designate by ordinance the number of Trustees to be elected from each ward, apportioning the same in proportion to the population of such ward; and thereafter the Trustees so designated shall be elected by the qualified electors resident in such ward, or by the general vote of the whole city, as may be designated in such ordinance. Policemen. 15. To appoint and remove such policemen and other sub- ordinate officers as they may deem proper, and to fix their duties and compensation. Violation of Ordinances. 16. To impose fines, penalties and forfeitures for any and all violations of ordinances, and for any breach or violation of any ordinance to fix the penalty by fine or imprisonment, or both, but no such fine shall exceed three hundred dollars, nor the term of such imprisonment exceed three months. Prison Labor. 17. To cause all persons imprisoned for violation of any ordi- nance to labor on the streets or other property or works within the city. Fire Limits. 18. To establish fire limits with proper regulations. Other Acts. 19. To do and perform any and all other acts and things necessary and proper to carry out the provisions of this chapter, and to exact and enforce within the limits of such city all other local, police, sanitary and other regulations as do not conflict with general laws. [Amendment, 1889, p. 391.] [WATER WORKS -POWER OF TRUSTEES TO SUBMIT TO VOTERS A PROPOSITION TO SUPPLY THE CITY WITH WATER. SEE LATER ACT.] Enacting Clause. SEC. 765. The enacting clause of all ordinances shall be as follows: "The Board of Trustees of the City of — do ordain as follows:" Every ordinance shall be signed by the President of the Board of Trustees, attested by the Clerk, and published at least CITY OF ALAMEDA. 17 once in a newspaper published in such city, or printed and posted in at least three public places therein. It shall not be necessary in any action, civil or criminal, to plead or prove the organiza- tion or existence of such corporation, nor the passage, existence, or validity of any ordinance thereof; and courts shall take judicial cognizance thereof without proof. [Amendment, 1889, p. 393.] Board to Audit Demands. SEC. 766. All demands against such city, except as other- wise by law provided, shall be presented to and audited by the Board of Trustees, in accordance with such regulations as they may, by ordinance, prescribe; and, upon the allowance of any such demand, the President of the Board shall draw a warrant upon the Treasurer for the same, which warrant shall be counter- signed by the Clerk, and shall specify for what purpose the same is drawn, and out of what fund it is to be paid. [Amendment, 1889, P. 393.] Indebtedness Not to Exceed Moneys Provided. SEC. 767. The Board of Trustees shall not create, audit, allow, or permit to accrue any debt or liability in excess of the available money in the treasury that may be legally apportioned and appropriated for such purposes, except in the manner pro- vided by law for incurring indebtedness; provided that any city, during the first year of its existence under this act, may incur such indebtedness or liability as may be necessary, not exceeding in all the income and revenue provided for it for such year; nor shall any warrant be drawn, or evidence of indebtedness be issued, unless there be at the time sufficient money in the treasury legally applicable to the payment of the same except as hereinafter pro- vided. [Amendment, 1889, p. 393.] Incurring of Indebtedness to be Decided at an Election. SEC. 768. If at any time the Board of Trustees shall deem it necessary to incur any indebtedness in excess of the money in the treasury applicable to the purposes for which such indebtedness is to be incurred, they shall give notice of a special election by the qualified electors of the city, to be held to determine whether such indebtedness shall be incurred. Such notice shall specify the amount of indebtedness proposed to be incurred, the purpose or purposes (if the question of indebtedness for more than one 2 I� CI- TARTER OF THE purpose be proposed) of the same, and the amount of money nec- essary to be raised annually by taxation for an interest and sink- ing fund for each purpose, as hereinafter provided. Such notice shall be published for at least two weeks in some newspaper pub- lished and circulated in such city; and no other question or mat- ter shall be submitted to the electors at such election. If, upon a canvass of the votes cast at such election, it appears that not less than two - thirds of all the qualified electors voting at such election, or if more than one proposition is submitted, voting on such prop- osition, shall have voted in favor of incurring such indebtedness, it shall be the duty of the Board of Trustees to pass an ordinance providing for the work of creating such indebtedness, and of pay- ing the same; and in such ordinance provision shall be made for the levy and collection of an annual tax upon all the real and per- sonal property subject to taxation within such city, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof, within a period of not more than twenty years from the time of contracting the same. It shall be the duty of the Board of Trus- tees, in each year thereafter, at the time at which other taxes are levied, to levy a tax sufficient for such purpose, in addition to the taxes by this chapter authorized to be levied. Such tax, when collected, shall be kept in the treasury as a separate fund, or funded if indebtedness be incurred for different purposes, to be inviolably appropriated to the payment of the principal and inter- est of such indebtedness. [Amendment, 1889, p. 397•] Imprisonment. SEC. 769. The violation of any ordinance of such city shall be deemed a misdemeanor, and may be prosecuted in the name of the people of the State of California. Any person sentenced to imprisonment for the violation of any ordinance may be im- prisoned in the city jail, or if the Board of Trustees shall by or- dinance so prescribe, in the county jail of the county in which such city may be situated ; in which case the expense of such im- prisonment shall be a charge in favor of such county and against such city. [Amendment, 1889, p. 393.] Nuisances. SEC. 770. Every act or thing done or being within the lim- its of such city, which is or may be declared by law or by any or- dinance of such city to be a nuisance, shall be and is hereby de- CITY OF ALAMEDA. 19 dared to be-a nuisance, and shall be considered and treated as such in all actions and proceedings whatever ; and all remedies which are or may be given by law for the prevention and abate- ment of nuisances shall apply thereto. Repairs Assessed on Fronting Property. SEC. 771. The Board of Trustees are hereby authorized and empowered to order any work authorized by this chapter to be done upon the streets, avenues, highways and public places of such city. The cost and expense incurred therefor shall be paid as follows, to wit : The expense or cost of improving and repair- ing streets, sidewalks, alleys, squares and other public highways and places within the city, removing obstructions therefrom, grading, paving, macadamizing, graveling and curbing the same, and constructing gutters, culverts and sidewalks therein, shall be assessed upon the lots and lands fronting thereon, each lot or por- tion of a lot being separately assessed for the full debt thereof in proportion to the benefits upon the property to be benefited, suffi- cient to cover the total expense of the work to the center of the street on which it fronts ; provided, that the Board of Trustees may expend from the general fund for said purpose a sum not ex- ceeding one hundred dollars on any one street in any one year. The expense of all improvements in the space formed by the junction of two or more streets, or where one main street termi- nates in or crosses another main street, and also all necessary street crossings, or crossways at corners or intersection of streets, and the expense of establishing, building and repairing bridges in such city, shall be paid by such city. The expense incurred in making and repairing sewers in any street shall be paid, one - fourth by the owner of the lands on one side of said street, one - fourth by the owner of the land on the other side of the street, and one - half by the city out of the sewer fund. In all the streets consti- tuting the water front of such city, or bounded on the one side by the property thereof, the expense of work done on that portion of said streets, from the center line thereof to the said water front, or to such property of the city bounded thereon, shall be paid for by such city, but no contract for any such work shall be given, except to the lowest responsible bidder, and in the manner here- inafter provided. When any work or improvements mentioned in this section is done or made on one side of the center line of said streets, avenues, or public highways, the lots or portions of 20 CHARTER OF THE lots fronting on that side only shall be assessed to cover the ex- penses of said work, according to the provisions of this chapter. Whenever any expense or cost of work shall have been assessed on any lands the amount of said expenses shall become a lien upon said lands, which shall take precedence of all other liens, and which may be foreclosed in accordance with the provisions of the Code, of Civil Procedure. Said suit shall he in the name of the city of (naming it), as plaintiff. Upon the filing of a complaint in the Superior Court to enforce a lien of any kind hereon, the plaintiff shall be entitled, if a recovery is had or the money is paid, to include as costs the sum of twenty -five dollars as at- torney's fees. [Superseded by "Vrooman Act. "] Right of Way. SEC. 772. Whenever it shall become necessary for the city to take or damage private property for the purpose of establish- ing, laying out, extending, and widening streets and other public highways and places within the city, or for the purpose of rights of way for drains, sewers, and aqueducts, and for the purpose of widening, straightening, or diverting the channels of streams, and the improvement of water fronts, and the Board of Trustees can- not agree with the owner thereof as to the price to be paid, the Trustees may direct proceedings to be taken under section twelve hundred and thirty - seven, and following sections, to and includ- ing section twelve hundred and sixty -three of the Code of Civil Procedure, to procure the same. City Tax Levy. SEC. '773. The Board of Trustees shall have power, and it shall be their duty, to provide by ordinance a system for the as- sessment, levy, and collection of all city taxes, not inconsistent with the provisions of this chapter, which system shall conform, as nearly as the circumstances of the case may permit, to the provisions of the laws of this State in reference to the assessment, levy, and collection of State and county taxes, except as to the time for such assessment, levy, and collection, and except as to the officers by whom such duties are to be performed. All taxes shall be collected by the Marshal or Treasurer, as may be deter- mined by the Board of Trustees by ordinance. All taxes assessed, together with any percentage imposed for delinquency, and the costs of collection, shall constitute liens on the property assessed ; every tax upon the personal property shall be a lien upon the real • CITY OF ALAMEDA. 2I property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March in each year, and may be enforced by a sale of the real property affected, and the execution and delivery of all necessary certificates and deeds , therefor, under such regulations as may be perscribed by ordi- nance, or by actions in any court of competent jurisdiction, to foreclose such liens ; provided, that any property sold for such taxes shall be subject to redemption within the time and in the ' manner and upon the terms provided, or that may hereafter be provided, by law for the redemption of property sold for State taxes. All deeds made upon any sale of property for taxes or special assessments under the provisions of this chapter shall have the same force and effect in evidence as is or may hereafter be provided by law for deeds for property sold for non - payment of State taxes. [Amendment, 1889, p. 394.] Equalization. SEC. 774. The Board of Trustees shall meet at their usual place of holding meetings on the second Monday of August of each year, at ten o'clock in the forenoon of said day, and sit as a board of equalization, and shall continue in session from day to day until all the returns of the Assessor have been rectified. They shall have power to hear complaints, and to correct, modify, or strike out any assessment made by the assessor, and may of their own motion raise any assessment, upon notice to the party whose assessment is to be raised. The corrected list for each tax shall be the assessment roll for said tax for said year. It shall be certified by the City Clerk, who shall act as clerk of the board of equalization, as being the assessment roll for said tax, and shall be the assessment roll upon which such tax is to be levied in said year. Construction of Act. SEC. 775. Nothing in this chapter contained shall be construed to prevent any city having a bonded indebtedness, contracted un- der laws heretofore passed, from levying and collecting such taxes for the payment of such indebtedness, and the interest thereon, as are provided for in such laws, in addition to the taxes herein authorized to be levied and collected; nor to prevent any city from levying and collecting the tax authorized by the act entitled "An act to establish free public libraries and reading rooms," 22 CHARTER OF THE approved April 26th, i88o, in addition to the taxes herein author- ized to be levied and collected. All moneys received from licenses, street poll tax and from fines, penalties and forfeitures, shall be paid into the general fund. Water Front Fund. SEC. 776. The Board of Trustees may also levy and cause to be collected in each year, in addition to the taxes herein authorized to be levied and collected, a tax not exceeding io cents on each $too of the assessed value of all real and personal property within such city subject to taxation, the proceeds of which tax shall be known as the "River and Water Front Improve- ment Fund," and shall be applied to the improvement of streams, bays, and water fronts, and the erection of embankments and other works to protect the city from overflow, and for no other purposes whatever. Public Work to be Contracted for. SEC. 777. Li the erection, improvement, and repair of all public buildings and works, in all street and sewer work, and in all work in or about streams, bays, or water fronts, or in or about embankments or other works for protection against overflow, and in furnishing any supplies or materials for the same, when the expenditure required for the same exceeds the sum of one hun- dred dollars, the same shall be done by contract, and shall be let to the lowest responsible bidder, after notice by publication in a newspaper of general circulation printed and published in such city, for at least two weeks, or if there be no newspaper printed or published therein, by printing and posting the same in at least four public places therein for the same period. Such notice shall distinctly and specifically state the work contemplated to be done; provided, that the Board of Trustees may reject any and all bids presented, and readvertise, in their discretion. The Board of Trustees shall annually, at a stated time, contract for doing all city printing and advertising, which contract shall be let to the lowest bidder, after notice, as provided in this section, and the contract therefor shall be awarded separately from all other printing. [Amendment, 1891, p. 54.] Signature of Contracts and Warrants. SEC. 778. The President of the Board of Trustees shall pre- side over all meetings of the Board at which he is present. In CITY OF ALAMEDA. 23 his absence a President pro tem. may be chosen. The President, and in his absence the President pro tem., shall sign all warrants drawn on the City Treasurer, and, unless otherwise provided by said Board, shall sign all written contracts entered into by said city, as such President or President pro terra. The authority and power of the President pro tem. shall continue only during the day on which he is chosen. The President and President pro tent. shall have power to administer oaths and affirmations, and take affidavits and certify the same under their hands. The President or President pro tem. shall sign all conveyances made by said city, and all instruments which shall require the seal of the city. The President is authorized to acknowledge the execution of all instru- ments executed by said city that require to be acknowledged. He shall have power to administer oaths and affirmations con- cerning any demand upon the treasury, and in all matters relating to the duties of the Board of Trustees, and to witnesses examined in any investigation had by said hoard, or by any committee thereof duly authorized to make such investigation. Said presi- dent may issue subpoenas under his hand and the seal of such city, attested by the City Clerk, to compel the attendance of witnesses before such Board of Trustees or committee thereof. [Amendment, 1859, P. 394.] ARTICLE IV- EXECUTIVE DEPARTMENT. Treasurer. SEC. 736. It shall be the duty of the Treasurer to receive and safely keep all moneys which shall come into his hands as City Treasurer, for, all of which he shall give duplicate receipts, one of which shall be filed with the City Clerk. He shall pay out said money on warrants signed by the proper officers, and not otherwise, except interest coupons on bonds. He shall make quarterly settlements with the City Clerk. He shall collect all taxes levied by the Board of Trustees if so required by ordinance. [Amendment, 1889, p. 395.] Assessor. SEC. 787. It shall be the duty of the Assessor, between the first day of May and the first day of August in each year, to make out a true list of all the taxable property within the city. The mode of making out of said list, and proceedings relating thereto, shall be in conformity with laws now in force regulating 24 CHARTER OIL THE County Assessors, except as the same may be otherwise provided in this act, or by ordinance. Said list shall describe the property assessed and the value thereof, and shall contain all other matters required to be stated in such lists by County Assessors. Said Assessor shall verify said list by his oath, and shall deposit the same with the City Clerk, on or before the first Monday in August in each year. The Assessor shall, during said time, also make a list of all male persons residing within the limits of such city over the age of twenty -one years, and shall verify said list by his oath, and shall, on or before the first Monday of August in each year, deposit the same with the City Clerk. Said Assessor and his deputy shall have power to administer all oaths and affirmations necessary in the performance of his duties. Clerk, Duties of. SEC. 788. It shall be the duty of the City Clerk to keep a full and true record of all the proceedings of the Board of Trus- tees and of the Board of Equalization. The proceedings of the Board of Trustees shall be kept in a book, marked " Records of the Board of Trustees." The proceedings of the Board of Equalization shall be kept in a separate book, marked "Records of the Board of Equalization." He shall keep a book, which shall be marked " City Accounts," in which shall be entered as a credit all moneys received by the city for licenses, the amount of any tax when levied, and all other moneys received, and in which shall be entered upon the debtor side all commissions deducted and all warrants drawn on the treasury. He shall also keep a book, marked "Marshal's Account," in which he shall charge the City Marshal with all the tax lists, if any, delivered to him, and all licenses delivered to him. He shall credit the Marshal with the delinquent lists returned by him. He shall also keep a book, marked "Treasurer's Account," in which he shall keep a full account of the transactions of the city with the Treasurer. He shall also keep a hook, marked "City Licenses," in which he shall enter all licenses delivered by him to the Marshal, and the amount thereof. He shall also keep a book, marked "City Or- dinances," into which he shall copy all city ordinances, with his certificate annexed to said copy, stating the foregoing ordinance is a true and correct copy of an ordinance of such city, and giv- ing the number and title of said ordinance, and stating that the 6.ne has been published or posted according to law. Said record CITY OF ALAMEDA. 25 copy, with said certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publication of the same, and shall be admissible as such evidence in any court or proceeding. Said records shall not be filed in any case, but shall be returned to the custody of the City Clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of ordinances in the usual way. Each of the foregoing books, except the records of the Board of Trustees and the Board of Equalization, shall have a general index, sufficiently comprehensive to enable a person readily to ascertain matters contained therein. The City Clerk shall also keep a book, marked " Demands and Warrants," in which he shall note every demand against the city and file the same. He shall state therein, under the note of the demands, the final disposition made of the same; and if the same is allowed and a warrant is drawn, he shall also state the number of the warrant, with sufficient dates. This book shall contain an index, in which reference shall be made to each demand. Upon the completion of the assessment roll for any of the taxes of the city, and levying of the tax thereon, the City Clerk shall apportion the taxes upon such assessment roll, and shall deliver it to the officer charged with the duty of collecting taxes. It shall not be neces- sary to make a duplicate assessment roll. He may appoint a deputy, for whose acts he and his bondsmen shall be responsible; and he and his deputy shall have power to administer oaths and affirmations, to take affidavits and depositions to be used in any court or proceeding in the State, and to certify the same. He and his deputy shall take all necessary affidavits to demands against the city, and certify the same without charge. He shall be the custodian of the seal of such city. He shall make a quar- terly statement, in writing, showing the receipts and expenditures of the city for the preceding quarter, and the amount remaining in the treasury. He shall, at the end of every fiscal year, make a full and detailed statement of the receipts and expenditures of the preceding year, and a full statement of the financial condition of the affairs of the city, which shall be published. He shall per- form such other services as this act and the ordinances of the Board of Trustees shall require. [Amendment, 1889, p. 395.] 26 CHARTER OF THE City Attorney. SEC. 789. It shall be the duty of the City Attorney to advise the city authorities and officers in all legal matters pertaining to the business of said city, and to render such other services in the line of his profession as may be required of him by the Board of Trustees. [Amendment, 1889, p. 396.] Police Department under Control of City Ilarshal. SEC. 790. The Department of Police of said city shall be under the direction and control of the City Marshal, and for the suppression of any riot, public tumult, disturbance of the peace or resistance against the law or police authorities in the lawful exercise of their functions, he shall have the powers that are now or may hereafter be conferred upon the sheriffs by the laws of the State, and shall in all respects be entitled to the same protection, and his lawful orders shall be promptly executed by deputies, police officers and watchmen in said city, and every citizen shall also lend him aid when required, for the arrest of offenders and maintenance of public order. He shall and is hereby authorized to execute and return all process issued and directed to him by any legal authority. It shall be his duty to prosecute before the Recorder all breaches or violation of or noncompliance with any city ordinance which shall come to his knowledge. He shall col- lect all taxes levied by the Board of Trustees, except as herein provided. He shall, at the expiration of any month, pay to the City Treasurer all taxes and other funds of said city collected by him during said month. He shall, upon the payment of the money, file with the Treasurer an affidavit stating that the money so paid is all the taxes or funds that he has collected or received during the preceding month. He shall, upon the receipt of any tax list, give his receipt for the same to the City Clerk, and shall, upon depositing with the City Clerk the delinquent tax list, take his receipt therefor. He shall receive from the Clerk all city licenses and collect the same. He shall have charge of the city prison and prisoners, and of any chain gang which may be estab- lished by the. Board of Trustees. He shall, for service of any process, receive the same fees as constables. He may appoint, subject to the approval of the Board of Trustees, one or more deputies, for whose acts he and his bondsmen shall be responsible, whose only compensation shall be fees for the service of process, which shall be the same as those allowed the City Marshal. He CITY OF ALAMEDA. 27 may also, with the concurrence of the President of the Board of Trustees, when the same may be by them deemed necessary for the preservation of public order, appoint additional policemen, who shall discharge the duties assigned them for one day only. He shall perform such other services as this act and the ordi- nances of the Board of Trustees shall require, and shall receive such compensation from the city as shall be fixed by ordinance, in addition to such mileage and fees as he shall receive in the serv- ice of process of the courts of this State other than the record- er's court of such city, which mileage and fees shall be the same as is allowed by law to constables in the county in which such city is situated. [Amendment, 1893, p. 299.] Board to Fix Compensation. SEC. 791. The Board of Trustees shall, by ordinance not inconsistent with the provisions of this chapter, prescribe the additional duties of all officers, and fix their compensation. ARTICLE V- SCHOOL DEPARTMENT. School District. SEC. 795. From and after the organization of each of such cities the same shall constitute a separate school district, which shall be governed by the Board of Education of such city; pro- vided, the Board of Supervisors may include more territory in such school district than that included in such city, and in that case such outside territory shall be deemed a part of such city for the purpose of holding the general municipal election, and shall be an election precinct by itself, and its qualified electors shall vote only for the Board of Education, and said outside territory shall be deemed to be a part of said city, for all matters connected with the School Department, and the annual levying and collect- ing of the property tax for the School Fund. [Amendment, 1891, p. 28.] Vacancy in Board. SEC. 796. In case a vacancy shall occur in the office of school director, the Board of Education shall choose a person to fill such vacancy, who shall serve until the next election, when, if the term does not then expire, a person shall be elected to serve for the remainder of such unexpired term. 28 CHARTER OF THE feetings. SEC. 797. The Board of Education shall meet on the second Tuesday after such general municipal election, and choose one of its members as President, and shall appoint a Secretary, who shall hold al the pleasure of said Board. The regular meetings of said Board shall thereafter be held as often as once in each month, in the place provided for the Board of Trustees, and the time for holding such meetings shall be fixed by the Board of Education. Special meetings of said Board may be held when called by writ- ten notice, signed by its President or three of its members, and delivered personally to each of its members who shall not have signed the same. Three members shall constitute a quorum, and no business shall be transacted by said Board of Education with- out the concurrence of three of its members; but a majority of the members present at any meeting may adjourn from time to time. All the meetings of said Board of Education shall be pub- lic, and full records of its proceedings shall be kept by the Secre- tary of said Board. The members of the Board of Education shall receive no compensation for their services as School Direc- tors. [Amendment, 1891, p. 114.] Powers of Board. SEC. 798. The Board of Education shall have power: Establish Schools. 1. To establish and maintain public schools, and to subdivide the school districts, and to fix and alter the boundaries of such subdivisions. Employes. 2. To employ and dismiss teachers, janitors, truant officers, and school- census marshals, and to fix, alter, allow, and order paid their salaries or compensations, and to employ and pay such mechanics and laborers as may be necessary to carry into effect the powers hereby conferred. Regulate Schools. 3. To make, establish and enforce all necessary or proper rules and regulations, not in conflict with the laws of this State, for the government and management of public schools within such city, the teachers thereof, and the pupils therein, and for carrying into effect the laws relating to education. CITY OF ALAMEDA. 29 Supplies. 4. To provide for the school department of such city, fuel and lights, water, printing and stationery, and to incur such other incidental expenses as may be deemed necessary by said board. Building and Repairs. 5. To build, alter, repair, rent and provide schoolhouses, and to furnish the same with proper school furniture, apparatus, and appliances, and to insure any and all school property. Real Estate. 6. To purchase, receive, lease, and hold in fee, in trust for such city, any and all real estate and personal property that may have been acquired, or may hereafter be acquired, for the use and ben- efit of the schools of such _city; provided, that no real estate shall be bought, sold, or exchanged, nor any expenditure incurred for the construction of new schoolhouses, without the approval of the Board of Trustees; and provided further, that the proceeds of any such sale or exchange of real estate shall be exclusively applied to the purchase of other lots for the erecting of schoolhouses. Improvements. 7. To grade, fence, and improve all school lots. To Estimate Honeys Needed. 8. To determine annually the amount of money required for the support of the public schools, and for carrying into effect all the provisions of law in reference thereto; and in pursuance of this provision, the Board of Education shall at least ten days before the meeting of the. Board of Trustees at which the annual city taxes are levied, submit in writing to the Board of Trustees a careful estimate of the whole amount of money to be received from the State and county, and of the amount to be required from such city for the above - mentioned purposes; and the amount so found to be required from the city shall, by the Board of Trus- tees, be added to the above amounts to be assessed and collected for city purposes, and when collected, the proceeds thereof shall be immediately paid into the school fund of such city, to be drawn out only upon the order of the Board of Education; provided, that such annual tax shall not exceed twenty -five cents on each one hundred dollars of the assessed valuation of the real and personal property within such city. j0 CHARTER OF THE Disbursement of Fund. 9. To establish regulations for the just and equal disbursement of all moneys belonging to the school fund. Incumbrances. to. To discharge all legal incumbrances existing at the time of the incorporation of such city, or thereafter, or any school property within such city. Non - residents. II. To admit non- resident children, and persons over twenty - one years of age, to any of the departments of the schools of such city, upon the payment monthly, in advance, of such tuition fee as said board may establish. Age Limit. 12. To prohibit any children under six years of age from at- tending the public schools. Grades. 13. To establish and regulate the grades of schools in such city, and the course of study, and the mode of instruction to be pursued therein, and determine what text -books shall be used. Other Acts. 14. To do and perform, in addition to the foregoing powers, such other acts as may be necessary or proper to carry into effect the powers hereby conferred. Board May Sue and Be Sued. SEC. 799. The Board of Education may sue and be sued by their name of office. In any action or judicial proceeding against said board, service of process upon the president, or upon a majority of the members of the board, shall be sufficient to give the court jurisdiction to hear and determine the same. Treasurer and Custodian of Moneys. SEC. Soo. All moneys received by the treasurer of the county wherein such city may be situated, on account of the school fund of such city, or the school district consisting of the same, and all sums received into the county treasury, which may be appor- tioned to said city or district, shall be paid to the treasurer of such city, by the treasurer of such county, as soon as received, or as soon as the apportionment shall be made, when apportionment is necessary, upon the order of the Board of Education. CITY OF ALAMEDA. Demands. 3i SEC. 8o,. The President of the Board of Education shall have power to administer oaths and affirmations concerning any demand upon the treasury, payable out of the school fund, and in all other matters relating to the duties of the Board of Education, and to witnesses examined in any investigation had by such Board of Education, or by a committee thereof duly appointed by it for that purpose. President May Compel Witnesses. SEC. 802. Said president may issue subpoenas under his hand and the seal of such city, attested by the City Clerk, to com- pel the attendance of witnesses before such Board of Education, or committee thereof, who shall be entitled to the same fees as witnesses in civil cases, and who may be punished for contempt for non- attendance, or refusal to be sworn, or to answer, by the Superior Court of the county in which such city may be situated. Warrants. SEC. 803. Every claim payable out of the school fund shall be filed with the secretary of the Board of Education, and after it shall have been approved by the board a certificate of such ap- proval shall be indorsed thereon, signed by the president and secretary, and a warrant upon the school fund shall be issued thereon for the payment of such claim ; which warrant shall be signed by the president of such board, and countersigned by the secretary, and shall specify for what purpose the same is drawn. Duties of Secretary. SEC. 804. The secretary shall report to the Board annually, and at such other times as they may require, all matters pertain- ing to the expense, income, condition, and progress of the public schools of said city during the preceding year, with such recom- mendations as he may deem proper. He shall observe, and cause to be observed, such general rules and regulations for the government of and instruction in the schools, not inconsistent with the laws of the State, as may be established by the Board of Education. He shall attend the sessions of the board, and in- form them at each session of the condition of the public schools, schoolhouses, school funds, and other matters connected there- with, and recommend such measures as he may deem necessary for the advancement of education in the city, and shall perform 32 CHARTER OF THE such other duties as may be required of him by the Board. He shall receive as compensation for his services, payable out of the school fund, such sum as the Board of Education from time to time may allow. Fund Shall Not Be Diverted. SEC. 805. The entire revenue derived by such city from the State school fund and the State school tax shall be applied by said Board of Education exclusively to the support of primary and grammar schools. ARTICLE VI- JUDICIAL DEPARTMENT. Recorder's Court. SEC. 8o6. A recorder's court is hereby established in such city, to be held by the recorder of such city. Said recorder's court shall have jurisdiction, concurrently with the justice's courts, of all actions and proceedings, civil and criminal, arising within the corporate limits of such city, and which might be tried in such justice's court ; and shall have e4clusive jurisdiction of all actions for the recovery of any fine, penalty, or forfeiture pre- scribed for the breach of any ordinance of such city, of all actions founded upon any obligations or liability created by any ordi- nance, and of all prosecutions for any violation of any ordinance. The rules of practice and mode of proceeding in said recorder's court shall be the same as are or may be prescribed by law for justices' courts in like cases ; and appeals may be taken to the superior court of the county in which such city may be situated, from all judgments of said recorder's court, in like manner and with like effect as in cases of appeals from justices' courts. Powers of Recorder as Judge. SEC. 807. The recorder shall be judge of the recorder's court, and shall have the powers and perform the duties of a mag- istrate. He may administer and certify oaths and affirmations, and take and certify acknowledgments. He shall be entitled to charge and receive for his services such fees as are or may be al- lowed by law to justices of the peace for like services, except that for his services in criminal prosecution for violation of ordinances he shall be entitled to receive only such monthly salary as the Board of Trustees shall by ordinance prescribe ; which compen- sation, when once fixed, shall not be altered within two years. CITY OF ALAMEDA. 33 Recorder When Disqualified as Judge. SEC. 8o8. In all cases in which the recorder is a party, or in which he is interested, or when he is related to either party by consanguinity or affinity within the third degree, or is otherwise disqualified, or in case of sickness or inability to act, the recorder may call in a justice of the peace residing in the city, to act in his place and stead ; or if there be no justice of the peace residing in the city, or if all those so residing are likewise disqualified, then he may call in any justice of the peace residing in the county in which such city be situated. ARTICLE VII - MISCELLANEOUS PROVISIONS. Collection of honeys. SEC. 81o. Every officer collecting or receiving any money belonging to or for the use of such city shall settle for the same with the clerk on the first Monday in each month, and immedi- ately pay the same into the treasury, on the order of the clerk, for the benefit of the funds to which such moneys respectively be- long. No Officer to be Interested in Contract. SEC. 81I. No officer of such city shall be interested, directly or indirectly, in any contract with such city, or with any of the officers thereof, in their official capacity, or in doing any work or furnishing any supplies for the use of such city or its officers in their official capacity; and any claim for compensation for work done, or supplies or materials furnished, in which any such officer is interested, shall be void, and if audited and allowed, shall not be paid by the treasurer. Any willful violation of the provisions of this section shall be a ground for removal from office, and shall be deemed a misdemeanor, and punished as such. Nuisances. SEC. 812. Every act or thing done or being within the lim- its of such city, which is declared by law or by any ordinance of such city to be a nuisance, shall be and is hereby declared to be a nuisance, and shall be considered and treated as such in all ac- tions and proceedings whatever ; and all remedies which are or may be given by law for the prevention and abatement of nui- sances shall apply thereto. 3 34 CHARTER OF THE CITY OF ALAMEDA. CHAPTER LXXXVIII. [Statute of 1891, page 92.] An act to validate proceedings for the reorganization of munic- ipal corporations taken since the passage of the act entitled "An act to provide for the organization, incorporation, and government of municipal corporations," approved March 13, 1883; and also, since the passage of the act entitled "An act to provide for the classification of municipal corpora- tions," approved March 2, 1883. (Approved March i 1, 1891.) The people of the State of California, represented in Senate and Assembly, do enact as follows : SECTION. I. All cities and counties, cities, or towns, reorgan- ized, or claiming to have been reorganized, since the passage of the acts the titles of which are recited in the title hereof, or which have attempted since said dates to reorganize or incorporate un- der the provisions of said acts, or either of them, and have acted as municipal corporations since such reorganization, are hereby declared to be and to have been from the date of such reorgani- zation, or attempted reorganization, duly and legally incorporated and reorganized cities, and all proceedings for the organization of such municipal corporations are hereby validated and declared legal. SEC. 2. This act shall take effect from and after its passage.