1906 Alameda City CharterSenate . Concurrent Resolution.No.
INTRODUCED BY . SENATOR BATES
JANUARY 14, 1907.
REFERRED TO COMMITTEE .ON MUNICIPAL CQRPORATIONS.
SENATE CONCURRENT RESOLUTION No.
,APROVING THE CHARTER OF .THE. CITY OF ALAMEDA, STATE OF CALI.
FORNU O'rED FOR AND 'RATIFIED BY THE QUAUFIED ELEOTORS
OF SAID CITY AT. A SPECIA ELECTION HELD THEREIN FOR THAT
PURPOSE ON THE 18TI; DAY OF JULY, 1906.
WHEREAS, Tp.a' City of Alameda, a muncipal corpor8ition ofthe County of Alameda , State of California, nowis and wasat: all the times herein referred to , a city containingA a popula-tion of more than ten thousand inhabitants; and
5 WHEREAS, At a special municipal election duly h€ld in said6 city.on the 27th day of January, 1906 under and in accord-
ance ith Jaw and ' the ' pI:o'visions of.. Section eight of Articl
eleven of the Oonstitution of the State of Oalifornia , a board
of fifteen freeholders , duly qualified was elected in and by10 said city, by the. qualified electors thereof, to prepare a d pro-11, . pC!se a charter for the government of said city; and12 WHEREAS; Said board . of freeholdersdid .vithin ninety days13 after said election , prepare and prQPose a charter for the gov-
ernment 6. the said City .of Alameda; and
15 WHEREAS , The said charter was on: the 2 6th day of April
16 1906 , signed in duplicate by. the Ilembers. oJ said board of17 freeholders and was thereupon duly 'returned and fied, one
21'-
18 copy with the president of the board of trustees of said' City
19 9f Alameda , and the ther copy with the county recorder of the
20 said County or Alameda , and fied, in the offce 01 said CQunty
21 recorder; and
22 WHEREAS, Said proposed charter.was thereafter published in
23 the Alameda Daily Argus and in the Daily Encinal, each
24 being daily newspapers of general circulation in, said City of'
25 AlaJpeda , and 'the said charter being published as aroresaid
26 for a period or more than twenty days , the first publication
'27 thereof being made within twenty days after the completion
28 of said charter; imd
29 WHEREAS , Said proposed charter was , within not .less than
30 thirty days after the completion or said publication, submitted
31 by the board or trustees or the City of Alameda to the qualified
32 electors of said City or Alameda a a special election previously
33 duly called and therein held Qn the 18th day or July, 1906;
34 and35 WHERES At said last mentioned special election a majority14
36 of said qualified electors of said city voting at such speCIal
. 37 ele tion voted in favor of the ratification of such charter as '
38 proposed as a whole, excepting that a majority of said qualified
39' electors voting at such election voted in favor of the ratifica.
tion of Alternative Proposition, No.1 and of Alternative
41 Proposition No.2 contained in said prop oiled charter, which
42 alternative propositions were' therefore respectively chosen and
43 substituted for Section 2 of Article X and for Chapter III
44 Article XI .of said proposed charter; . and
45 WHEREAS; Said board of trustees after, . canvassing said
46 returns duly found and declared 'that the majority of said
47 qualified electors, voting at said special election , had voted for
48 ratifying said . charter as above specified; and
49 WHEREAS , The same is now submitted to the /legislature of
50 the State of California ror its approval and ratification as a
51 whole without power of a,lteration or amendment , in accord-
52 ance with Section eight of Article eleven of the Constitution
53 of the State of California; and
54 WHES, Said charter so ratifiedis.i;n the words and figures
55 following to wit :
CHARTER OF THE CITY OF ALAMEDA.
ARTICLE I.
BOUNDAAIES SUBDIVIONS AND GE:NAL poWE.
SEO'lION 1. . The Iluncipal corporation known as the City
of Alameda shall remain and continue a body politic' and
c?rporate, by the name of the City of Aleda , and by that
4 name shal have perpetual successipn.
SEC. 2. The bOUndaries of the City of Alameda ai-e herebydeclared to be as follows:
Commencing at 'a point where the center line of High street
produced in a right line northerly intersects the center line
. 5 the Tidal Canal , and' thence following the center line of the
Tidal Can l westerly to its intersection with the easterly
boundary line of Oakland Townhip near the we;;t line of Park.
street if extended northerly to the center line of the Tidal
9 Canal nd running thence southerly to the southeast corner to10 Oakland Township, which was formerly in a small slough at the
11 most easterly end of San Antonio Creek and always known ah a
12 part thereof (said small slough having been since :6ed in part
1)J and .dredged along the remaining part through operations14 relatIve to tp.e construction of the Tidal Canal);, running15 thence .westerly along the center of the said s;mall slou h16 original formng par of San Antonio Creek to the cent
17 of San Antonio Oreek proper; thence westerly doWn the center18 of San Antonio Creek to the westerly boundary of Al , oun " ence southeasterly ' along the boundary ' of said
20 tmty to an a giet ereof; thence easterly along said. 21 line produced 1J a nght line to a point in the line dividi22 se thi IJgIons rty.one (31) and thirty-tw:o (32), township two23 (2), :uth ange ee (3), wes; M. D. M.; thence northerly24 along the saId section !ie , to;the northeas corner of lot one25 (1), section nineteen (19), toWnhip two (2) south
26 thr (3)
. ,
, rang..
ee west , M. D. M. ; thence in . a northerly dirMtion to27 the center lie of the Tidal Canal; thence 1()n. the center of28 the Tid,al Oanal tG the PQint of commenCeIent. .
29 Unless a majority of the electors of the, city shall affs.-
30 tively vote thereror at a general or special municipaL:election
, ,
31 neither shall the boundades of. the city be ' changed , nor shall
32 the city be consolidated with any other city, or -cty and
33 county.
SEc. 3. The City of Alameda may sue and' defend in all
2 courts , and places; may have and use a common seal and alter
the same at pleasure; may purchase , receive , hold ahd enjoy
real and personal property and dispose of the saine for the
common benefit.; may receive bequests and donations of all
kinds of pr eriy in ree simple or in trust for. charitable and
other purposes ; and may do all acts necessary to carry out
the purposes of such gifts , bequests and donations , with power
to manage , sell , lease or otherwise dispose Of the same in
10 accordance with the terms of the gift , bequest or trust.
SEC. 4. The Oity of Alameda shall continue , under this
2 charter , to have , hold and enjoy all property, real , personal
and mixed , and rightf! of action of every nature and descrip
4 tion , or the existing municipality, and is hereby declared to be
the successo or the same.
SEC. 5. Suits , actions and proceedings may be brought in
the nan).e of the Oity of Alameda for the recovery or any
property, money or thing belonging thereto , in law or i
equity, or dedicated to public use therein , or for the enforce-
mentof any rights of or contracts with , the city, whether made
6 or arising or accruing before or after the adoption or this
charter, All existing ' suits , actions. or proceedings in the
courts or elsewhere , to which the cityis a party, shall continue
to be carried on by or against the city.
SEC, 6, For the purposes of the first election held under this
2 charter , and until changed in the nianner hereinafter provided,
the City of Alameda shall be divided into seven wards , as
4 follo\\'s :
The First Ward , which shl;ll include all that portion of the
G city lying south of an east and west line passing through the
center o Bay Farm Island bridge , and known as Bay Farm
, -
Island , and also that, portion of the city lying north of said
east and west line passing through Bay Farm Island bridge
and easterly or the center line or 'Versailes avenue and the
same center line of Versailes avenue extended in a right ' line
northerly to the northern 'line of the ,city at the center line or
the Tidal Canal.
The Second Ward" whjch ehall include all that portion of the
city not embracedih.the ;First Ward , and lying east (ira-line
drawn th ough the center of Park street, said line extended
northerly to the northern boundary of the city, and southerly
to the northern boundary of the First Ward.
The Third Ward , which shall include all that portion of the
city' not embraced in the First. and. Second Wards, lying east
of .a line drawn through the center of Wilow street ' said line
extended northerly to ' the northern bou:Udary of the city ' and
southerly to the northern boundary of the First Ward.
The Fourth Ward , which shall include all that portion of the
city not embraced in the First , Second and Third Wards, lying
east of a line drawn throngh the center or Paru street said
line extended northerly to the northern boundary of th: city,
and southerly to the northern boundary of the FirstW ard.
The FIfth Ward , which shall include all that p rtlon of the
city ,not embraced in the First , Second , Third and Fourth
Wards , lying east of a line drawn through the center of St,
Charles street , said line extended northerly to the northern
boundary of the city and southerly to the western boundary
of the Fourth Ward.
The Si xth Ward , which shall include all that portion of the
city not embraced in tpe First , Second , Third , Fourth and
Fifth Wards lying east of a line drawn through the center
of Sixth"street , said line extended northerly to the northern
boundary.of the c ity and southerly to the northern boundaryof the First Ward.
The Se enth Ward , which shall incl de all that portion o
e city not embraced in , the First
, ,
Second , Third, Fourth)
FIfth and Sixth Wards,
40,
SEO. 7. The City 01 Alameda sh ll have the right, 'and
eitner , as principal or as agent;
First; To have hold , establish , construct , acquire , operate
maintain and regulate public buildings , baths , fountains
5 markets , dispensaries , sanitariums , hospitals. libraries , reading
6 rooms , schools , gymnasiums , kindergartens , charitable institu-
7 tions , workho1is , morgue , crematories , gas and electric works
telephone and telegraph systems , ferries , light , heat and power
works and transportation service.10 Second; To have , hold , acquire , construct and maintain , and
11 to grant the right tp construct and maintain , and to regulate
12 the construction and maintenance of , all pipes , tubes , conduits
13 wires and electric or telegraphic apparatus in , 'along, over
14 under and across all public streets and highways; to require all
15 telegraph and electric wires to be placed underground; and to
16 regulate the mode of wiring houses , buildings and structures
17 for telegraph, telephone , electric light , electric power and all
18 other electric service.19 Third; To have , hold , erect , purchase or otherwise acquire
20 water , gas and electric, works within or without the corporate
21 limits; to supply said city and its inhabitants and persons
22 firms and corporations outside of said city with water , gas and
23 electricity, and to regulate and control the use and price or
24 water , gas and electricity so supplied.25 Fourth: To sell gas , water electric current and all
26 produ ts of any public utilty which the city now owns or con-
27 troIs or which it may hereafter own or control; also to, purchase
28 gas , water , electric current or other product which may be of
29 public utilty, and to sell the same.30 Fifth: To condemn , purchase , construct , own and operate
31 cable , electric and. other railways , and to provide for the car-
32 riage of freight and passengers thereon;33 Sixth: To ' acquire, by condemnation , purchase or otherwise
34 .such lands or other- propertw, as may be deemed' necesary
35 ror corporate use, and to dispose or real or personal propert
36 owned by the city as the.interests,of the city or its inhabitants
37 may from , time to, time require. 38 Seventh: To . do andperrorm whatsoever is , necessary or
39 convenent for its own governent and for the benefit of its
40 inhabitants, and to 40 an am wldch the council is, by this
41 charter or by any law now or hereafter in force , authorized
42 to do.
ARTICLE II.
LEGISLATIVE.
Ohapter I-Oouncil,
SECTION 1. Except as otherwise provided, the legislative
power of the Oity of Alameda shalL be jointly vested in a body
to be designated the council , and in a mayor.
SEC. 2. The council shall consist of nine members, seven of
2 whom shall be nominated by the electors of the respective
wards a:Qq two by the electors at large. They shall all be
4, elected by the voters at large. Each shall hold offce for rour
5 years
, .
and until his successor is elected and qualified.
6 Provided that the first council elec1;ed under the provisions
of this charter shall, at their first meeting, so classify them-
selves 1)y lot that three of the ward councilmen shall go out of
offce at the end of two years and four at the end of .faur years10 also that one of the councilmen at If. shall go out of offce
11 at the end or two years and one at tht end or four years: At12 the time of his election e ch ward nominee must be an elector
13 'of the ward from which he has been L Jminated , and must be
14 of the ge of at least twenty-five years. He must have been an15 elector of the city for at least three J cars last preceding his
16 election. The members of the council! Iall receive no pay for
17 their services.
SEC. 3. majority of the members shall constitute a
2 quorum , but a less number may adjourn from time to .time
3 and compel the attendance or absent members in such manner
and under such penalties as the council may prescribe.
SEC. 4. The council' shall :
One: Judge of the qualjfi'cations of its members and of all
election returns.
Two: Establish rules for its proceedings;4a Three: Keep a , correct jonrnal of its proceedings and allow
5 ,the same to be published. The aye!! and noes shall , on demand
of any Ilember , be taken and entered therein.
Four: Choose one of itS number president.
Five: Meet on the third Monday in April next succeeding
the general municipal election , and hold regular meetings
10 ' twice in each month and at such other times as they shall
11 by ordinance. The council shall not adjourn to any place
12 other than its regular place or meeting. The meetings. of the13 be public. Special meetings may be called by
14 the mayor or by the president of the council or by three coun.
15 cilmen , by serving the members personally with written notices
16 or leaving the same at places designated by the respective
17 members.
SEC. 5. Every legilative act of the city shall be by ordi-
nance. The enacting clause of every ordinance passed by th
council shA be these words: "Be it ordained by the council
of the City Almeda. " The enacting clause of every ordi-
, nance passed by the ' people shall be as follows: "Be it ordained
6 by the the City of Alameda." No ordinance shall be
passed except by bil, and no bil shall be so amended as to
change its original pul'pose. No ordinance shall be passed by
the council on the day of its,introduction,or within five dayl
10 thereafter , or at any time other than at a reguar meeting or
11 an adjourned regular meeting. Every ordinance shall be
12 signed by the offcer pr ooiding at the time of its adoption,
13 attested by the clerk and published at least once in a news
14 paper published in the "City of Alameda, or advertis d as here.
15 inafter provided.16 It shall not be necessary in any aetionto plead or prove the.
17 organization or existence of such corpo1.ation , or the passage
18 existence or validity of any ordinaJ;ce thereof; and courts shall
19 take judicial c ogni ance thereo without proof.
SEC. 6. Except as hereinafter,provided no bil shall beco
2 an ordinance, 01' resolution be adopted uness fially passed by
3 a majority vote ,of all the members of the council. and the vote
taken by ayes and noes, and the names of the members votirg
for and agains sam entered in the , jom;,nal. No resolution
or order for the payment of money shall be pased at any other
than a regular meeting or an adjourned regular meeting.
SEC. 7, No ordinance shall be revised , re-enacted or
amended by reference to its title; but the ordinance to be
revised or re-enacted or the section thereof to be amended , shall
be re-enacted at length as revised and amended. Any ordi-
nanca revised , re-enacted or amended contrary to the provisions
.6 of this section shail be void.
SEC. 8. When a bil is put upon its fial passage in the
council and fails to pass , and a motion is made to reconsider
the vote upon such motion shall not be acted upon before the
next regular meeting.
SEC. 9. If any bil passed by the council containing several
items appropriating money or fiing a tax levy; be presented
to the mayut , he may object to one or more items separately,
while approving other portions of the bil. In such case he
shall append o the bil at the time of signing it , a statement of
the item or items to which he objects, and the reasons therefor
and the item or items so objected to I;hall not take effect unless
passed nowithstanding the mayor s 'Objection. Each item so
objected to shall be separately reconsidered by the council in
10 the same manner as bills which have been disapproved by the
11 mayor.
SEC; 10. In the erection , improvement and, repair of all,
public buildings and works , in all street and Sewer work " and
in all work in a d about streets, bays, water fronts; or in or
4 ' about embankments dr other works for protection against over-
I) flow or erosion , and in furnishing any supplies or materials for
the same
, '
when the expenditure required for the same exceeds
the sum of five hundred dollars , the same shall be done by eon-
8 tract , and when let.shall be let.to thelowest responsible bidder
after notice- by publication in the offcial newspaper of the city
10 for at least twice a week for two weeks. Such notice shall
1- ditinctl;r and specifically tate the work contemplated to be
12 done ;p1'JVided that may reject aU bids presented,
13 and "a-advert.ise ill their discretion.
10
SEC. 11, The council shall annually call for bids for doing
city printing and advertising, and the contracts therefor shall
be awarded separately, and to the lowest responsible bidder;
4 Provided that the council may reject all bids if in their
opinion the bid or the lowest responsible bidder is exorbitant
and may again call for bids , subject to the reservation herein-
after mentioned. If the council shall determine that the bids
secondly received are exorbitant , they may evertheless let the
contract to the lowest bidder for such portion of the printing
10 as the board may determine , reserving the option to obtain
11 other printing from such bidder at his schedule rates; and as
12 to any printing not absolutely mentioned in the contract , the
13 boar:d may from time to time secure the same to be done by
14 any party who may agree to do the same at a lower rate than
15 that scheduled in the bid for doing the city printing; and in
16 lieu of any newspaper advertising, may issue and publish' a
17 bulletin containing such matter as they are required by law
18 to publish , sending the same by mail to the registered voters
19 of the city, to their addresses as the same shall appear on the
20 latest printed copy of the great register or Alameda County,
21 and shall also post printed copies of such advertisement in
22 three public places in the City of Alameda , at least five days
23 before action is taken in response to said advertisement. Such
24 mailing and posting shall be conclusively deemed of the same
25 effect as if the advertisement had been fully published in t
26 offcial newspaper of the city. The board shall annually
27 designate as the offcial city paper , a newspaper published in
28 this city. All provisions of this charter are subject to the pro-
29 visions of this section.
SEC. 12. Every ordinance shall. take effect ten days after
, '
its passage , unless ' otherwise provided.
SEC. 13. Every bil and every resolution as hereinberore
2 provided , which shall have passed the council and shall have
been duly authenticated , shall be presented to the ayor ror
his approval. The mayor shall return such bil or resolution
to the council within ten days arter receiving it.. If he approve
the bil he shall sign it. If he disapprove it he shall specify
11 --
his objections thereto in writing. If he does notreturn it with
such disapproval within the time above specified , it shall take
effect as if he had approved it. The objections of the mayor
10 shall be entered at large in the journal of the council , a d the11 council shall, after five .and within thirty days after such bil
12 or resolution shall have been so returned, reconsider and vote
13 . upon the same. If the same shall, upon reconsideration , be14 passed by the affrmative vote of not less than two thirds or the
15 council, the presiding offcer shall certify that fact On the bil
16 or resolution , and when so certified the bil shall become an17 ordinance with like effect as ir it had been approved by the
18 mayor. If the bil or resolution shall rail to receive the votes
19 of two thirds of the council , it shall be deemed to be finally
,20 lost. The vote on such reconsideration shall be taken by ayes
21 and noes , and the names of the members voting for and against
22 the same shall be entered in the journal.
SEC. 14. All ordinances and resolutions shall be deposited
with the city clerk , who shall ecord the same in a suitable
book.
All ordipances of a general, public or permanent nature , and
those imposing a fine, penalty or forfeiture, shall be published
at least once in the city offcial newspaper within three days
after the same shall have become a law. The publication of all
ordinances granting any franchise or privilege shall be .at the
eXBnse of the applicant therefor.
SEC. 15. No ordi;nance passed by the council shall be. 2 repealed by the council except by ordinance adopted in the
manner hereinbefore set out, and such ordinance shall be pre-
sented to the mayor for his approval as hereinbefore provided.
SEC. 16. No member of the council shall be eligible to
appointment on any board or commission provided for iIi this
charter except so designated in the charter.
Chapter lI-Powers and Limitations of the Council.
SEC. 17; Subject to the provisioI; and restrictions in this
charter contained, the council shall have power:
..,
12-
One: To ordain , make and enrorce within the limits or the
city all necessary ,local , police , sanitary, building and' other
laws and regulations.
Two: To pU:(ish. its ,:members and others for disorderly or
otl)erwise contemptuous behavior i:Q its presence , arid to expel
.for such behavior in its presence any member by the affrmative
vote of notlessthau two thirds, of its members , specifying.in
10 the order of expulsion the ca'Qse thereof; to compel atte:Qdance
11 or witnesses and the production or papers and things pertinent
12 to bnsiness, before it 0'1' before any of its committees.
13 Three : To establish , build and repair bridges; to acquire
.14 layout , open , widen, extend, alter and close streets nues
15 alleys , lanes , roads , courts , parks , boulevards , playgrounds
, .
16 re dreation grounds and other public places within said , city;
17 , fix and alteI; offcialgradei'; to grade , pave , curb , sidewalk
18 sewer , drain and otherwise improve the same; to provide ror
19 the repair " cleaning, .watering, oilng, lighting and parking
20 thereof; to manage and control such streets , roads , highways
21 ' and puNic places and, to regulate the use thereof; to permit
22 regulate or prohibit the placing or maintaining of trees , hitch
23 ing posts , safety and convenience stations , signs , awnings and
24 other obstrRctions therein and to remove obstructions there-
25 from; to cause to be planted , maintained and cultivated, shade
26 trees therein; to regulate the pruning or aU trees planted and
27 :maintained in public places; to levy special assessments ror
28 street improvements , and to provide for the collection of the
28a same;29 Four: To establish TIre limits with proper regulations.
30 Five: To require the owners or real property, to construct
31 and repair sidewalks , and to remove grass , weeds and obstruc.
tions rrom' sidewalks in rront of t eir property; to requi
33 them to prune sidewalk trees as provided by ordinance; a
34' upon theirrieglect or refusal , to cause such work to be don
35 the cost thereor to be made Ii lien upon said property or othe
36 wise recovered from such owners.37 Six: To regulate and determine the character and mode
38 constr'!ction , plumbing, piping. and wiring or buildings th
39 may be erected in the city, and the natq,re andkiud
- 13-
40 ,materials to be used in the construction , alteration or repair of
41 such buildings; or in the alteration or repair of existing build-
42 ings , and to restrict the height of buildings and fences. .
43, Seven:, To regulate the size and construction of the
44 entrances and exits to and from theaters , lecture rooms
44a churches and other places for public gathering, and to prohibit
45 the placing of seats , and other obstructions in the aisles and
46 ,open spaces in such buildings. 47 Eight: To regulate or prol1ibit the operation' of all' manu-
48 factories , occupations or trades which may be of such a nature
49 as to affect the public health or good order of the city, or dis-
50 turb the public peace , or which may be offensive to the inhabit-
. 01 ants residing i the vicinity, and t.o provide ror the punish-
52 ment of all persons violating such regulations and the punish-
53 ment of all persons -who knowingly permit the same to be
54 violated in any bt'ii ing or upon any prenlses owned or con-
55 trolled by them. 56 Nine: '1'0 regulate or prohibit the manufacture, keeping,
57 storage and use of powder,' dynamite , guncotton; nitro
58 glycerine , TIre works and other expl ive material ,and sub-
59 stances.60 Ten: To regulate the storage of hay, straw, oil and other
61 inflammable or combustible materials.62 Eleven: To regulate the use, of steam engines and gas
63 engines and steam boilers , and to prohibit their use in such
64' localities a. in the judgment of the council would endanger
65 public saIety.66 Twelve: To provide for and maintain a city prison, and to
67 provide for the government, maintenance and clothing of per
68 sons detained therein.69 Thirteen: To declare what shall be a nuisance and to pro-
70 vide for the abatement of the same and for the punishment of
71 any person or party who shall create, maintain or suffer a
72 nuisance to exist; and every act or thing done or being within
73 the limits of the city which is or may be by law or by any ordi.
74 nance of the city declared to be a nuisance shall be and is
hereby, ,declared to be a nuisance, and shall be considered and
76 shall be treated as such in all actions and proceedings what
14-
77 ever; and all remedies which are or may be given for the
78 prevention and abatement 00 nuisances shall apply thereto.79 Fourteen: To provide a public pound ,and to make al
80 necessary rules and regulations in the matter of animals
81 ning at large , and for the custody, redemption , sale or destruc-
82 tion of the same. 83 Fifteen: To provide for the inspection of water meters
84 gas meters and electric meters , and of weights and measures
85 and to enforce such regulations as may be necessary to insure
86 their accuracy, and to provide for the inspection of all build-
87 ings , including those in process of construction or repair; also
88 to provide for the inspection of all food products and liquids
89 and to compel samples thereof to be rurnished to inspectors
90 for analysis and to compel dealers to furnish the names and
91 (1ddresses of manufacturers or other pers ns from whom
92 impure or adulterated food , food products or liquids have been
93 obtained; and the council may, by ordinance , prescribe penal-
94 ties for the sale of goods , wares or merchandise weighing or
95 measuring less than represented, and for the sale of impure
96 adulterated food products or liquids, and may order the
97 same (jestroyed.98 Sixteen: To fix and determine by ordinance in thf) month of
99 February of' each year to take effect on the first . day of July
100 therearter , the rates or compensation to be collected by any
101 person , company or corporation in the city ror the use of
102-3 water , heat , light or power, telephonic Of telegraphic or other
104 public service supplied to the city or the inhabitants thereof
105 and to prescribe the quality or the service.
106 Seventeen: To impose all license taxes , subject to the
107 restrictions elsewhere in this charter contained , and to provide
108 for the collection thereof.
109 Eighteen: To change the boundaries of the several wards
110 in the city, subject to the provisions of this charter, provided
111 that said boundaries shall not be changed by the counci
112 oftener than once in four years nor within ninety days prior
113 to any general municipal election.
114 Nineteen: To authorize the g'ranting of licenses for
115 lawful purpose, for reVi/nue and reguation , and to fi
15
116 ordinance the amount to be paid therefor, and to provide for
117' revokig the same; provided that no license shall be granted
118 for a longer period than one year.
119 Twenty: To prescribe and enforce fines , forfeitures and
120 penalties for the breach of any ordinance or resolution.
121 Twenty-one :To fix the fees and charges for all offcial
122 serYices not otherwise provided for in this charter.
123 Twenty-two: To provide a seal for the city, which shall
124 be the seal of the several departments , boards , commissions and
125 offcers thereof.
126 Twenty-three: To fix , alter, regulate and control fares and
127 rates on all cable , electric , steam or other railways within the
128 city; to compel the owners of two or more such roads using the
129 same street ror a distance not exceeding five blocks to use the
130 Same tracks and to equitably divide the cost or construction
131 and maintenance thereof.; to regulate rates of .speed apd. to
132 protect the public from danger or inconvenience in the opera-
133 tion of such, roads; to erect construct and maintain all
134 buildings and appurtenances .necessary to the operation or
135 such roads as may be hereafter owned or controlled by the
136 city.
137 Twenty-rour: To provide for the sale at public auction
138 after advertising for five days, of personal property unfit or
139 unnecessary for the use of the city.
139a Twenty-five: To provide for the purchase of property
140 levied upon or under execution in favor of the city; but the
141 amount bid on such purchase shall not exceed the sum of the
i42 jud ment , interest and costs.
143 Twenty-six: ,To provide for making local improvements
144 and to levy and collect special assessments on property
145 benefited thereby, and for paying for the same or any portion
146' thereof; to determine what work shall be done or improve-
147 ments made at the expense in whole or in part, of the owners
148 of the adjoining contiguous or proximate property, or others
149 benefited thereby, and to provide for the manner of making
150 and collecting assessments therefor.
151 Twenty-seven: To provide ror the deepening, widening,
152 docking, covering, wallng, altering or changing the channels
16 -
153 of waterways and watercourses , and to provide for the con-
154 sil'uction and maintenance of canals, slips , public landing
155 places , wharves , docks , viaducts , subways , tunnels and levees
156 and all work which may be required for the accommodation of
157 commerce , and to control and regulate the use thereof; also
158 to provide for the construction and purchase of all such work
159 or works by the city and for its use and benefit , and for the
160 entire or partial construction , maintenance and ownership or
161 the same' by the city, or as tenant in common with any other
161a corporation.
I 162 wenty-eight: To control , regulate pr prohibit the anchor-
163 age, moorage and landing of all water craft and their cargoes
164 within the jurisdiction of the corporation,
165 Twenty-nine: To fix the rate of wharfage , storage' and
166 dockage, and to provide for the collection thereof, and to pro-
167 vide for the imposition and collection or such harbor rees
168 may be consistent with the laws of the United States; to
169 license, regulate , control and restrain wharf boats , tugs and
170 other boats used about the harbor or within the jurisdiction
171 of the city.
172 Thirty': To make and enforce laws for the protection of
173 fish and game within the limits of the city.
174 Thirty-one: By a two-thirds vote of the whole council to
175 disapprove of any nomination to an appointive offce , made by
176 the mayor.
177 Thirty-two: To appropriate annually, and the council must
178 so appropriate , to the mayor, for his 'Own use , the sum of six
179 hundred dollars , ror which he need rurnish no vouchers.
180 Thirty-three: To do and perform any and all other acts
181 and things which are necessary and proper for the execution
182 of the provisions of this charter , including the power to
183 delegate ny of the powers herein conferred; and in addition
184 to have all powers not in conflict with the con titution and
185 laws of the United States or of the State or Calirornia , or in
L86 conflict with this charter or with ordinances adopted by the
L87 people.
SEC. 18. The council shall not sell or convey any portion
of any water frQnt. No lease or sale of real estate shall be
17..
3. authorizt'd by the council except by ordinance passed by the
affrmative v'Ote 'Of three fourths of the members and approv:ed
5 by the mayor; 'and no lease shall be made for a period longer
than ten years except by ordinance adopted by the people.
SEC. 19. The council must at the time of making the
annual tax levy, include therein such rate for school purposes
as is elsewhere in this charter provided,
SEC. 20. The council shall appoint from its melpbers. a com-
mittee consisting or three , to be called the finance committe"e
and shall fill all vacancies in said committee. The finance com.
mittee shall investigate the transactions and accoun s of all
offcers having the collection , custody or disbursement of public
money, or having the power to approve , allow or audit
demands on the treasury; and shall have free access to all
8 records , books and papers in public offces or kept by public
offcials; shall have power to administer oaths and affrmations
10 to m:aminc witnesses and compel their attendance by subpcena.
11 The finance committee may at any time visit any of the public
12 offces and make examination and investigations therein with-
13 out hindrance.14 The finance committee must, at least once in every six
15 months , examine the offcial bonds of all city offcers and
16 investigate the suffciency and solvency of the sureties thereon
17 and report in writing the facts to the mayor. Such reports
18 shall specify each bond with the sureties , and the amount for
19 which each surety is bound, and shall state their opinion as
20 to the suffciency of each amount and the solvency of each
21 surety. Upon such report the mayor shall take such action as
22' may be 'necessary to. protect the interests of the city.
23 may require new bonds when he deeIl it neces;mry and
24 may suspend any offcer until a suffcient bond. be fied and
25 approved.
SEC. 21. The finance committee shall have power to examine
the records and to examine and expert the books of account or
all persons , companies or corporation ' that are required to
4 pay a portion of their receipts into the treasury; and shall
sCR2-
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Jikewise as an aid ,to the fixing of rates for the furnishing of
6 water , light and power or other service to the city and to the
inhabitants thereof , have like power to ,examine and expert the
8 ,books of account of any and all persons , companies or corpora-
tioJ;s so furnishing water, light or other service.10 In the exercise of its functions' the concurrence of two
11 members shall be suffcient. The finance committee shall keep
12 a record of its proceediugs, with the names of the witnesses
13 examined and a substantial statement of the evidence taken.
14 If from their examination it shall appear that an offense has
15 been committed by an offcer , or that an offcer is in default
16 the committee shall immediately report to the mayor , who
17 shall take such proceedings against such offcer as are
18 authorized by law , and may suspend him p nding such pro-
19 ceedings. Any police offcer shall execute the processes of the
20 committee.
SEC. 22. The council shall , by ordinance determine
what offcers shall give bonds for -the faithful performance or
their duties , and shall fix the amount of such bonds; and each
of such offcers shall , before entering upon the duties of his
5 offce , execute a bond to the ' city in such penal sum as the
6 council , by ordinance, may determine , conditioned for the
faithful performance of his duties , including in the same
bond the duti-es of all offces or which he is made by this
charter ex-offcio incumbent. "Such ,bonds shall be approved
10 by the council. All bonds when approved shall be filed with
11 the city clerk, except the city clerk's bond, if any, which
12 shall be filed with the mayor. All the provisions of any law of
13 this state relating to the offcial bonds of offcers as then
14 existing shall apply to such bonds except as herein otherwise
15 provided., Evcry offcer of, the city, before entering upon the
16 duties of his offce shall take and fie with the city clerk the
17 constit1,tional oath of offce.
Chapter Ill-Initiative and Referendurn.
SEC. 23. The basis of the percentage in this chapter pro-
vided for any petition shall be the total number or voters
appearing" on the great register or the County of Alameria, as
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residing in the City of Alameda at the last preceding general
electiDn prior to the filing of said petition; and ll votersregistered at said general election or thereafter shall be q ali-, fied to sign the petitions herein provided for.
SEC. 24. Upon presentation to the council of a petition
signed by qualified electors of the city in-number equal toten per cent. of said registercd voters asking for submission
4 to , the I'lectors of a measure fully set forth in said petition
beIng a measure that the council might itself adopt, the council
itself must either enact such measure without alteration , or
submit the same to the electorate at the next reO'ular city
election occurring subsequent to sixty
days after he filin
of said petition. But if such petition request the c'ling of 10 special election and be signed by qualified electors eq al in
11 number to twenty per cent. of said registered voters, then such
12 measure , if not so enacted by the council, must be submitted
13, to the electorate at a special election to be called within sixti'14 days from the filing of such petition.
' .
SEC. 25. If such proposed measure is a measure that the
council might adopt except ror the fact that it involves th
repeal or amendment of a measure adopted by the lectorate
as herein provided, and if in such case said petition be signed
by qualified electors in number equal to twenty-five per cent.
or said registered voters, then such proposed measure must
be submitted to the electQrs of the city at the next regular city
election occurring subsequent to sixty days after the filing ;1'
'9 said petition.
SEC. 26. The method of signing and presenting petitions
provided for herein shall be as follows:, The signatures to a
petition need not be appended to one paper , but each signer
shall add to his signature his place of residence
, giving thr.. street and number or residence location. Each paper sh
have attached thereto the affdavit or a registered voter of the
city, stating that all the signatnres to the paper were made
in his presence , and that to the best of his knowledge and belief
:9 each signature to the paper appended is the genuine signature
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10 of the person whose' name purports to be thereunto subscribed,
11 Petitions shall be filed with the city clerk and by him pre.
12 sented to the council.
SEC. 27. Within ten days from the date of. the fiJingof
such petition in his offce, the city cferk shall examinc the great
reO'ister and therefrom and from certificates of voters shallt: " ,
ascertain whether or not said petition is signed by the requisite
number of qualified electors; and ir necessary the council
shall allow him extra help for the purpose , and he shall attach
to said petition his certificate , showing the result or said
examination. Each signature the genuineness of which is not
called in question by the sworn affdavit of the alleged owner
10 thereor, shall be presumed to be genuine.
S'EC. 28. If by the clerk's certificate it is shown that the
2 j petition has not been signed by the requisite number o quali-
fled electors as herein provided , it may be amended within ten
days from the date of said certificate by the farther addition
of names. The clerk shall within ten days after such amend-
6 ment , make like examination of said amended petition , and
7 if his certificate shall show the salle to be insuffciently signed
as heretofore provided it shall be returned to the person who
filed the same , without prejudice , however , to the filing of a
10 new petition to the same eff.:ct, If the petition shall be found
11 to be suffciently signed as herein provided , the clerK sha!!
12 present the same to the council without dela;y.
SEC, 29, After the first special election held hereunder , DO
special election shall be held under the provisions of this ehap-
tel' until after the expiration of six months from the date
'* of the holding' of a preceding special election.
SEO, 30, '\Vhenever any measure is " required or authorizel
2 1y this charter to be submitted to the electors of the city at
any election , the city clerk shall cause the measure to
printed, and he shall send b;y mail a printed copy thereof , to
each voter whose name appears on the great register of
Alameda County as last printed and published , at least ten
days prior to election; but the council may order such measure
21 -.
to be published in the offcial newspaper of wthe city in like
manner as ordinances adopted by the cou;ncil are required t
10 be pubilshed , and may order that such publication shall take
11 the place of ihe printing and mailng of the measure, as above
12 provided. Ordinances and measures in connection with local
13 improvements, the expenses whereol are to be derrayed
14 local assessment, shall not come within the operation of this
15 chapter.
SEc. 31. Any measure that the . councilor the electorate
the city, as herein provided , has authority to adopt , the
c0uncil may, of its own motion , submit to a vote or its con-
stituent electors at' a general or special election.
SEC. 32. Except as herein provided no penal ordinance
or measure granting any franchise or privilege, and no
ordinance or measure making or authorizing any contract
(except contracts for improvements the expenses whereof are
to be defrayed by local assessment and contracts where the
6 'subject matter involved is of .less value than one thousand
dollars), passed by the council shall go into effect in less than
thirty days after its final passage, But ordina;nces and con-
tracts declared by the council. to be necessary as emergency
10 measures for the immediate Preservation of the public peace,
11 health or safety, passed by a three-fourths vote of. the whole
12, council , and not obligating the city for a longer period of time
13 'than one year, may go into effect at , the wil of the council
14 or as otht:rwise provided by law.
SEC. 33. If within said thirty days a petition signed by
qualified voters of the city, in number equal to ten per cent.
of sai registered voters , is filed with the city clerk , asking
that any penal ordinance or measure granting any franchise or
11 privilege, or making or authorizing any contract (except
6. ' contracts for improvements the exp nses whereof are to be
defrayed by local assessment , and contracts, where the subject
matter involved is of less value than one , thousand dollars),
adopted by the council , be submitted to the electorate . then
10 S13Ch ordinance or measure must either be repealed or be
22
11 submitted to the electors for approval or rejection at the next
12 regular city election occurring subsequent to sixty days aftel'
13 the filing of said petition , or at a special election called prior
14 to such regular city election; and if such ordinance 01'
15 measure has not gone into effect before the filing of such
16 petition , and said petition has been signed by qualified
17 electors of the city in number equal to fifteen per cent. of
18 said registered voters , then such ordinance or measure shall
),9 not go into effect until and unless adopted at such election
20 and no ordinance or measure once so submitted shall within
21 one year be again submitted except by vote of the cou cil at
22 the next general municipal election , or on a petition signed by
23 twenty-five per cent. of said registered voters. Said petition
24 shall be in all respects in accordance with the provisions here-
25 inbefore specified in this chapter , except as to the percentag
26 or signers , and shall be examined and certified by the clerk
27 in all respects as heretofore provided.
SEC. 34. If a TI1ajority of votes cast by the electors of the
city on any ordinance or measure referred to in this chapter
shall be in favor thereof , it shall , if not already in effect , go
into effect as a valid and binding ordinance or measure of the'
city ten days a fter the offcial' count has been determined;
otherwise such ordinance, or meastlre shall be repealed or
rejected. Such repeal shall take effect ten days after the
offcial count has been determined. No ordinance or measure
approved by the electorate under the provisions of this
10 chapter shall be subject to veto , or be amended or repealed
11 except by vote of the electorate"
SEC. 35, If the provisions of two 01: more measures
approved and adopted at the same election , under the pro-
visions of this chapter conflict , then the measure receiving the
highest affrn:mtive vote shall control.
SEC. 36. Whenever an applicant for a franchise; or other
2 person , shall pay in advance to the ,city the exp nses of a
special' election , the council must call such special election as
heretofore provided, at which the proposed ordinance shall be
submitted to vote of the elecors
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ARTICLE III.
EXECUTIVE.
Chapter I-Mayor.
SECTION 1. The chief executive offcer of the City of
Alameda shall be designated the mayor. He shall be at least
thirty years of age. He shall be a qualified ele'Jtor of the city,
and must have been SHch elector for thre years next preceding
the day of his election. He shall receive no salary. He shall
be elected by the qualified voters of the city at the general cit)T
7 election , and his term of offce shall be two years.
He shall see that all laws and ordinances within his juris-
diction are strictly enforced. He shall be the presiding offcer
10 of the council , but shall have no vote. He shall vigilantly
11 observe. the conduct or all public offcers , and shall take notice
12 of the fidelity and exactitude , or want thereof , with which
1.3 they execute, their duties and obligations) especially in the
14 collection and disbursement of the public funds' and the
15 control of the public property. The books , records and
16 offcial p,apers of all departments , boards , offcers and persons
17 in the employ or service of the city shall at all times be open
18 to his inspectixm and examination, He shall take special care
19 to see that the books and records of said departments , boards
20 offcers and persons are kept in legal and proper form. For
21 the purpose of examining into the conduct or any board
22 commission, committee or other body entrusted with interest!'
23 pertaining to the city, he shall have the power to call a special
24 meeting of such board, com mission , committee OJ: other body.25 Any defalcation or wilful neglect or duty or offcial mis-
26 conduct which he may discover 'or which, may be reported to
, him shall be laid by him before the council in order that the
28 public interests may be protected; and the person in default
29 be proceeded against according to law.30 He "hall from time to time give the council information in
31 writing relative to the state of the city, and shall recommend
32 such measures a'3 he may deem beneficial. He shall have
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33 general supervision over all the departments and public
3* institutions of the city, and shall promote, to the best of his
35 ability, the honest , economical and la:wful conduct thereof.
SEC. 2, He shall take all prop.er measures for the preserva-
tion of the public order and the suppression or riots and
3 tumults , audin ase of emerwmcy shall be vested with com- '
4 mand Of the chief of police and of the police force, and in such
case shall have power to add to the police fo ce as may in his.
judgment be required.
SEC. 3, The mayor shall appoint all offcers an(j fill ,all
2 v acancies not otherwise provided for in this charter , and such
appointees shall 'serve for the unexpired term. All such
appointees shall be approved by the council as elsewhere
provided, Such appointees shall possess the qualifications
prescribed by this charter for their eligibility to the respective
offces.
SEC. 4. lIe shall see that all contracts and agreements with
the city are raithfully kept and fully performed; and to that
end shall ' cause legal proceedings to be commenced anJ
prosecuted in the name or the city against all persons or cor
porations failing to fulfill their agreements or contracts , either
in whole or in part.
SEC. 5.. He shall 'have power to suspend any city offcer
appointed or elected, except a member of the council , for dere-
3 liction, neglect or non-performance of duty, and sha l imme-
diately report his action in writing to the council. If t
5 council , after hearing, approve the suspension ,. they sh
either declare the offce vacant OJ shall continue the sm:;pension
for such time as they may ,deem prop , and such vacancy shall
be filled as otherwise provided.
SEC, 6, In the eveut that the may shall be temporarily
nnable to perform 'his offcial duties , \the president of the
council shall act as mayor pro tempore. Should a vacancy
occur in the offce of mayor it shall be filled by the council
assembled for the purpose , and said appointee shall hold until
r, the next general mlJnicinal eJecti
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Chapter II-Auditor and Assessor.
SEC. 7. An auditor shall be elected at the same time and
in the same manner as the mayor. He shall be an elector of
the city, 'and shall have been such for three years precedi
.4i his election. He shall hold offce for two years, He shall be
ex-offcio assessor. His compensation for acting in both
capacities shall be one hundred and twenty-five dollars per
month.
SEC. 8. As auditor he shall keep a record of all demands
2 'allowed by him, showing the date of approval , amount and
3 name of original holder, the number, and on what account and
out of what fund payable. He must always know the exact
condition of the treasury. He shall be in personal attendance
at his offce daily during offce hours. He shall be the general
accountant of the city and shall receive and preserve in his
offce all accounts , books , vouchers , documents and papers
relating to the accounts and contracts of the city, its debts
10 revenues and other financial affairs. He shall give information
11 as to the exact condition or the treasury and of every appro-
12 priation and fund thereof upon the demand of th mayor, the
13 council , or any committee,
SEC. 9. He shall keep an account of, all moneys paid into
and out of the treasury, and the treasurer shall pay no money'
out of the treasury except. upon demand approved by the
auditor.
SEC. 10. He shall approve no demand unless the same has
been allowed by the offcer, board" department or committe
required to act thereon.
SEC. 11. Every demand approved by him shall specify on
its face each , item composing it and the amount and date
3 thereof, and shall be numbered and acted upon in the order of
its presentation.
SEC. 12. No demand shal be allowed in , favor of any cor-
poration or person in any manner indebted to the city, except
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tor taxes not delinquent, without first deducting the amount of
any indebtedness of which he has notice; nor in favor of any
person having the collection, custody or disbursement of any
public fqnds , unless his account has been presented, passed
approved and allowed as herein required; nor in favor of any
off er who has neglected to make his offcial returns or report,:i
in the manner and at the time required by law, ordinance or
10 the regulations of the council; nor in favor of any offcer who
11 has neglected or refused to comply with any of the provisions
12 of law regulating his duties , and he may. retuse to audit the
13 salary demand of any offcer or employe for the time he hall
14 have absented himself without legal cause from the duties or
15 his offce during offc hours. The auditor may examine on
16 oath any person receiving a salary from the city touching such
17 absence.
SEC. 13, Every demand upon the treasurer must , before
2 it can be paid , be presented to the auditor , who shall satisry
himself whether the money is legally due, and its payment
authorized by ' law , and against what appropriation payable
and out ot what fund payable. If he allow it he shall endorse
upon it the word" allowed " with the name of the fund out or
which it is payable , and the date and' consecutive number '
its allowance , and sign his name thereto.
SEC. 14. He shall have authority to take affdavits and
administer oaths necessary in. the transaction of all city
business.
SEC. 15. As assessor the auditor shall pertorm all the duties
prescribed by this charter , by ordinance or by law , for assess-
ing property in the city tor the purpose of taxation. He may
appoint deputies in such number and for such time as may be
determined by the council , their salaries to be fixed by the
council.
Chapte1' III-C'ity Cle1'k.
SEC. 16. The council shall appoint a city clerk who shall
hold ,offce for two years from the date of his appointment,
unless sooner removed by resolution adopted by a majority
27 :-
vote of' the whole council. He shall be clerk of the council
and shall be the mayor s private secretary; shall keep the
(1 corporate seal and all the books; papers , records and other
documents belonging to the city the custody Ot which may
not be othe rwise provided for. He shall attend all meetings
of the council and shall keep a record of its proceedings
10 and a record of its by-Jaws , ordinances and resolutions , and
11 shall perform such other duties relating to his offce as the
12 council may direct. He shall have power to take affdavits and
13 administer oaths in all matters relating to the'business of the
14 'City, and shall make no charge therefor. He shall attest by
15 signature all leases and grants of , the city. He shall rec ive a
salary to be fied by the council.
Chapter IV-Treas1trm' and Tax Collector.
SEC. 17. ,There shall be a treasnrer , who shall be elected
in the same manner and at the same time as the mayor , and
3 who shall hold offce for four years. He shall be ex-offcio tax
coHector , and shall collect the licenses if so directed to do by
5 ' the council.
SEC. 18. As treasurer' he shall receive' and payout all
moneys belonging to the city, and s all keep an' account 'of all
receipts and expenditures , under ' such rules and regulations
as may be prescribed by ordinance; and shall do 'all thingg
required of him by any ordinance of the ci
SEC. 19. He shall' payout m()ney belonging to the city
only upon legal demands; allowed and audited in . the manner
provided by this charter or authori zed by law.
SEC. 20. As tax collector he shall pertorm 'the duties in
this charter and by the general laws of the state provided, and
as direeted by ordinances and resolutious. His compens tion
shall be fixed by the council.
SEC. 21. Whenever not in. conflict with the constitution of
is state, it shall be permissible , in the following manner, to
abolish provision for the election of a treasurer:
An ordinance may be adopted by the vote of the electorate
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under the form and restrictions elsewhere in this charter
6 provided', abolishing the provision in this chapter for the
election of a treasurer , and for the salary thereof, and substi-
tutingin lieu ' thereof a provision for the appointment or a
9 bank or banks to act as depositary or depositaries of the funds
,10 of the city. Such ordinance must provide due sareguards for
11 the proper keeping and disbursement of the funds or the city.
12 It may also name the salary of the offcial who shall thereafter
13 be elected. tax collector; and shall provide that such tax col-
14 lector shall make daily deposit in the proper depositary, of all
15 sums .collected by him as tax collector. Such orainance may
16 be drawn to cover , supersede and repeal all the provisions of
17 this chapter. It shall not take effect until the close of the
8 term for which the trcasurer then in offce has been elected.
Chapter Y -Street S pe1'intenaent.
SEC. 22. The street superintendent shall have the general
care of ,the .streets, boulevards, parks , plazas , play grounds
and wharves of the city and it shall be his duty to frequently
inspect the same. He ' shall receive and investigate all com-
plaints as to their condition , and shall have charge of the
enforcement of all ordinances pertaining to street obstructions.
1 He shall receive Ii salary to be ' fixed by the council.
SEC. 23 He shall frequently inspect all public works
pertaining to street improvements while the same are in course
3 ,or construction; inspect and approve or reject all materials
. 4 used in such construction , whether done under contract or
otherwise; and shall ,at once report to the council all deviation
6' from contracts , and use of improper material and bad work.
manship.in such works; and shall have the power, pendin
8 investigation, to stop all work thereon. He shall perform sue
other duties as are herein elsewhere prescribed or imposed b
10 ordinance or by direction or the council. He shall devote h'
11 entire time to the duties of his offce.
SEC. 24. He shall be appointed by the council
serve ror a period of two years.
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Chapter VI-City Engineer.
SEC. 25. It shall be the duty of the city engineer to make
I!ll surveys , inspections and estimates required by the council.
He shall receive a salary to be fied by the council , and such
fees as may be established by ordinance.
SEC. 26. He shall examine all public work done under
2 contract , and report thereon in writing to the council.
SEC, 27 He shall on application or any person owning 01"
interested in real' property in the city, for a surveyor plat
:3 of such property, make and deliver the same upon the payment
of his fee therefor.
SEC, 28. He shall be the custodian of and responsible for
. all maps, plats , profiles , field notes , and other records an
memoranda belonging to thc city pertaining to his offce , an
work thereof; all of which he shall keep in proper order
and condition , with a full index hereof , and all or which
6 'hall turn over to his successor.
S1,10. 29. All maps , plats , profies , field notes , estimates
and other memoranda..or surveys , and other professional work
3 ,made () done.by him , or under his direction or control during
his term of offce for the city, shall be the property of the city
SEC. 30. He shall perfo uch other duties as are pre-
scribed by this charter or as.way be imposed by ordinance or
3 by direction of the council.
SEC, 31. He shall be appointed by the mayor with the
approval of the council , as elsewhere provided, and shall serve
r a period of two years.
ARTICLE IV.
JUDICIAL AND LEGAL.
Chapter I-Police Court.
SECTION l.Thc judicial power of the city shall be vested
a poliee court ta be held by the police judge of the city. Said
Jli(Je court shli have jurisdiction concurrently with the
30-
4 justices ' courts , of all, actions and- proceedings, civil' and
5 crimin(1l , arising within the corpO'rate limits of the city, and
which might be tried in such j-ustice s court; and sh ll hav
exclusive jurisdictiQn of all actions for the recovery of ary
8 fine , penalty or fo:rreiture prescribed ror the breach of any
9. or dinances of the city, of all acti(ms founded upO'n any obliga-
10 tions or liabilty created by any O'rdinance, and of all prosecu-
11 tions for an, violatiofi (,f any"O'r.dlnance.The rules of practice
12 and mode of proceeding in said police court shall be the same
13 as are or may be prescribed by law ror jUstices ' courts in like
14 cases; and appeals may be taken to' the sup rior court of
15 Alame!ia county, from all judgments of said police caurt, in
16 like manner and with like effect as in ,cases of appeals from
17 j tice8 ' courts.
SEc. 2. rhe polic-e judge shall be judge af the police court
2 and /fhitn.' have the powers and perform the duties of a magis-
3 trate,' He , n!ay administer and certify oaths and affmations
4: and take and certify acknowledgments. He shall receive for
his services a salary to be fixed by the cauncil , and in addition
6 thereto , shall be entitled to charge and receive such fees as
are or may be allowed"QY" law to j tices of the peace for lik€"
services in civil 'actions.
SEC. 3. In all cases in which the police judge is a party,
or in. which he is interested"or when he is related to ,either
party by consanguinity or "'11
nity within the third degree
0'1' is otherWise isqualified , or in case af sickness or inabilty
to act , the police judge may call in any justice of the peace
resid ng in the county.
SEC. 4. The police judge must be an attorney-at-law , duly
2 a itted to piactice by the supreme court of the stat . He
shall be elected in the same manner and at the same time as
the mayor and shall hold offce ror four years.
SEC. 5. The foregoing provisions of this article shall not
take effect until the council shall deem it necessary, or expedi-
ent to establish a police court , as above prO'vided for , and shal
by, ordinance so declare and establish the same. . Until the
- 31-
council shall so ordain , the provisions or the general laws of
the state applicable to city justices of the peace shall be and
continue in full fO'rce and effect.
Chapter II-City Attorney.
SEC. 6. There shall be a city ' attorney who shall
appointed by the council , and who shall have been an elector
of the city for at least four years next before his appointment
and shall be an attorney and counselor-at-law duly admitted
to practic(. by the supreme co:urt of tl;0 state , and shall have
actuall ' been engaged in the practice of his profession for a
period of at least four years next before his appointment , and
whose term or offce shall be two years and until his successor
is appointed and qualified. It shall be his duty to prosecute
10 on behalf or the people aU criminal cases berore the police
11 court and justices of the peace , for all violations of this
charter and O'f city ordinances and resolutions. It shall be
his duty to attend to all suits and other matters to which the
city is a party or in which the city may be legally interested.
15 He shall be in attendance at ' every meetiug of the council
16 unless excused therefrom; and shall give his advice or opinion
17 in writing whenever required by the council, board of educa.
18 tion or . other city offcers. He shall be the legal advisor of
19 all city offcers; he shall approve the form of all bonds given
to and all contracts made with the city; he shall ' when
21 required by the councilor any member thereof, draft any
all proposed ordinances for the city and amendments
reto; and he shall do and perform all such things touching
offce as the councilor mayor may require of him, and
at the expiration or his term , surrender all books, papers
documents pertaining to the citY 8 business over to' his
He shall receive a salary to be fixed by the council.
ARTICLE
FINANCE AND. TAXATION.
Chapter I-Levy ng of Taxes.
1, On or before the second Monday of May ir:
mission of the city hall send to the council an estimate in
writing of tne amount of expenditure , specifying in detail ,the
obJects thereof, requ red in their respective departments,
6 offces , boards and commissions for the fiscal year next enSll-
ing, including a statement or the salaries of their subordi-
nates. Duplicates of these estimates shall be sent at the same
time to the auditor.
SEC. 2, On or before the first Monday 'of June in each
year the auditg: shall transmit to the council an estimate of
the probable expenditures of the city government for the next
4: ensuing fiscal year , stating the amount required to meet the
interest and sinking funds for all outstanding funded debts
and the wants of all the departments of the municipal govern-
mentin deta-il , showing specifically the amount necessary to
be apportioned to each fund in the treasury; also an estimate
of the amount of income -from fines
, '
licenses and other sources
10 of revenue , exclusive or taxes upon property, and the probable
11 amount required to be levied and raised by taxation.
SEC. 3, The conncil shall have power, and it shall be their
duty to provide by ordinance , a system for the assessment
levy and collection of all city taxes , not inconsistent with the
4: provisions of this charter , which sy,stem shall conform, as
nearly as the circumstances of the case may admit, to the
provisions of the laws of this state in reference to the assess-
7 ment , levy and collection of state and county taxes , except as
to the time for such assessment , levy and collection;
Provided that taxes on real property shall be due and delin-
10 quent at the same time , that state and county taxes
11 due and delinquent,
SEC. 4:. Every tax so levied' shall have the force and effect
of a judgment against the person and property taxed, and
shall be and constitute a lien upon the real property situated
4: in said city so assessed or owned by the party against whom
such assessment is made. Every such assessment and the lien
tbereof shall have the fOl'ce "and effect of an execution duly
levied upon aU property owned by the party assessed, or by
- 33-
of such property when asessed to ' an
nown owner. The judgment shall attach as of twelve;
, on the first Monday 'in March of each year, and shal
t be satisfied Or discharged until the tax, assessed against
the property is paid , or . the property sold for the paymenj
thereof.
SEC. 5. 'l'he city shall have such other rights, claims and
liens for t,he amount of such municipal taxes as may now or
herearter be given to or exercised by the people of the State of
4:, California for and o account of the asessment of " state and
county taxes levied in Alameda county. The mode and man-
ner of collecting such municipal taxes , and enforcing such
tax lien , and the proceedings thereafter, shall substantially
be the same as the m ode and, manner at the time prescribed
9 by law for the collection of state and county taxes in said
cOlmtJT
Provided that the council may, 'by ordinance , regulate
the ti e or times and the method of the collection of said
taxes within each fical year, and prescribe by what offcer
the respective duties appertaining to such collection and en-
forcement shall be performed; and such proceedings , sales
ce':ificates and conveyances had, made
, ,
and executed by
them in pursuance thereof, shall be of like force, effect and
validity as is or may hereafter be, given by law to like pro-
ceedings and' acts ' in the matter of collections of state and
county taxes in said county.
SEC. 6. All sales for delinquent taxes sh ll be made to the
City 'of Alameda , uJ;less otherwise regulated by ordinance.
The council may, by an order entered upon its
extend for not exceeding thirty days the time fixed in
s article for the performance of auy act,
' All :fnes and forfeitures arising undtr the revenueat laws as applied tv the city, may, iJt civil cases
vered in the name of the city, and , together with all
er moneys collected or received by any offcer or the city,
- 34-
under said laws, shall be for the USE: of the city. When real
estate is offered for sale for city taxes due thereon , the same
shall be struck off and sold to the city in likE) case and in like
8 manner , and with like effect as it may bE' struck off or sold
to the state when offered for ,sale for state and county taxes
10 and the council shall have the same powers and duties in
11 relation to such property as are given by law to the state
12 board of equalization in case of a sale to the state , but no
13 certificate or receipt need be delivered to the state controller.
SEC, 9, No offcer shall be required to send or transmit auy
statement or report to any state offcer or board.
SEC, 10. All papers and instruments required to be filed
or recorded with or by the county recorder by the revenue
or taxation laws of. this state , shall , undel! said laws as applied
-I to tlle city, be, in like 'manner and with like etIect , filed with
ann recorded by the county recorder of Alameda county.
SEC, 11 Whenever the council shall determine that the
public interest requires the construction, or acquisition , or
completion or any permanent municipal building, school
-I building, high school building, sewer , property, water right,
5 bridge , canal , tunnel or other public improvement , or utility,
the cost of which in addition to the other expenditures of the
city wil exceed the income and revenue provided for in any
one year. they may, by ordinance, submit a proposition to
incur a debt for such purpose and proceed therein as provided
10 in the constitution of this state and the general law or laws
11 thereof , now or her after in force.
SEC. 12, Except as otherwise provided in this charter no
money shall be drawn fl'om the treasury unless in consequence
of appropriations made by the council and' upon warrants
duly drawn thereon by the auditor.
SEC. 13. No warrant shall be drawn except upon an un-
exhausted specific appropriation.
SEC, 14 o contracts made, the expense of whose execution
is not provided b;l law or Drdinance to be paid by assessments
- 35-
on the property benefited shall be binding or
, rorcc unless. the auditor shall endorse thereon
certificate that there remains unexpended and
unappJied as herein provided , a baiance of the appropriation
j or fund applicable thereto , suffcient to pay the stimated
expense of xecllting such ' contract as certified by the board
or offcer I'rlaking tho same. This provision shall not apply to
worl; donc or supplies furnished , involving the expenditure
of less th!!n two hundred and fifty dollars , unless the same is
required by law to be done by contract by public letting. The
auditor shall make such endorsement npon every such contract
so presented to him , if there remain unapplied and llneX-
pended such amount so specified by the offcer making the
contract, and thereafter shall hold and retain such sum to pay
the expense incurred until ,the contract shall be fully per-
7 ,formed. The auditor shall furnish. monthly, and oftener if
requested , to the head of each department a statement of the
unexpemled balances of the apprQpriation for such 'depart-
SEC. 15, The amount ()f the tax levy shall be suffcient to
provide for the payment during the :fscal year , of all demands
npon. the treasury authorized to be paid out of the same; but
, such levy exclusive of the tax to pay the interest and main-
tain the sinking funds of bonded indebtedness of the city, and
exclusive of the tax to pay for street and sewer work and to
pay for the maintenance and improvement of the- parks
uares and public grounds of the city shall not exceed the
te of one dollar on each one hundred dollars valuation of
the propert;r assessed. The council in making the levy shall
apportion the taxes to the several funds,
The limitation in the section last preceding shall
y in case of any great necessity oJ.' emergency.
e the limitation may be temporarily suspended , so as
enable. the council to provide for such necessity or emer-
y. No increase over the dollar limit shall be made in the
of taxation authorized to be levied, in any fiscal year
- 36..
unless stich increase be authodzed by ordinance adopted by
7 vote of the people or passed by a three-fourths vote of the
' council (lnd approved by the mayor. rhe character of such
necessity or emergency shall be recited in the ordinance au-
10 thorizing such action, and be entered in the journal of. the
11 board. Nothing in this section shall authorize the incurring
12 of liabilities against the treasury not allowed by law or which
13 cannot ba paid out of the income and revenue p;rovided , col-
14 lected and paid into the proper fund as' its proportion of the
15 same for such fiscal year , or permit liabilties or indebtednes
16 incurred in anyone fical year to be a charge upon or paid
17 out of the income or revenue of any other fiscal year.
SEC: 17, The council shall, subject to the provisions of this
charter fix the ampunt or municipal revenues and provide
3 bv ordi ance ror the coUection thereof. They shall, from time
4 t time , provide for the payment of the interest and principal
of the b0nds for which the city is liable.
SEC. 1 . The council shall authorize the disbursement of
all public moneys except as otherwise specifically provided il'1 ,
this charter.
S:F c. 19. At the close of each fiscal year , if all deman&
against e lCh fund have been paid or satisfied , and all disputed
or contested demands fully adjudicated, the council shall
direct the treasurer.'to transfer all surplus moneys to the gen-
eral fund except such surplus moneys as are in the several
interest and sinking funds, in the school fund, in . the library
fund and in such other funds ,the disposition of whose surplu'J
moneys is in this charter otherwise provided for.
SEC. 2L The assessment of property within the city made
2 by the county asscssor of Alameda county and the state board
of equali:mtion may be the basis of taxation of the city, unles..,
the coun61 on or before the fourth Monday of July in any
4a, year , shall , by ordinance , elect to have an independent assess-
ment made by. the city Msessor for such year; in" which event
such ordinance shall prescrib0 the time within which such
assessment shall be made, and the method or making the same
:31
and shall provide for such clerical assistance as may be re-
required to properly prepare such. assessment.
SEC, 21. Should any property in the city, however , not
be assessed by the county assessor
, .
the city asseSS0r shall
assess and enter the same in the " Subsequent Assessments
, provided for in :the next section,
SEC, 22. It shall be the . duty of the assessor at any time
subsequent to the first Monday in August of each year , to
assess any property which shall not be on the regular list
and he shall entcr such assessment in a separate portion ' of
;) the tax list or assessment rolL under the head" Subsequent
Assessments
, "
and shall deliver a true copy thereor , duly
I. certified by him , to the city clerk, to be by him compared with
the entries on the assessment rolL
SEC. 23. The cmmcil shall meet at the usual place of
holding meetings on the first :Monrlay of Septemher of each
3 year , at ten o clock in the forenoon of said day, and s it as a
board or equalization , and shall continne in session from
to day untIl all the returns of the assessor have been received,
They shall have , power to hear complaints. and to correct
modify or strike out any assesslnent made by the aSReSo;Ol'
(1nd may, of their own motion , raise any assessment ' UPOJl
'notice to the party whose asseso;ment is to be raised. They nmy
also. partinlly, or wholly, relieve from taxation any improve-
cuts , structures or fixtures used exclusively for manufactur-
f!:, ereeted or plac ed in the city RuhReqnent to the first day
or ,January, 1906; .
Pl'o'Ufrlerl, that no particular property shall be' exempt
from taxntioJl for more than t\\'o years,
SEC. 24. ThE; corrected lio;t for each tax shall be the assess-
oeut roll for said tax for said year, It shaJI be certified b
he city cierk , who shall act as dcrk of the boaI'd of equaliza-
, ai' heing the assessment roll for sajd tnx and shall be
, asseSi'ment roll npon ' wh ic'h said tax is to he levied in said
-
3
8
-
Oh
a
p
t
e
r
I
I
-
Th
e
S
e
v
e
r
a
l
J
i
u
n
d
s
.
SEC. 25. The
i
n
c
o
m
e
a
n
d
r
e
v
e
n
u
e
p
a
i
d
in
t
o
t
h
e
t
r
e
a
s
u
r
y
shall be at once
ap
p
o
r
t
i
o
n
e
d
t
o
a
n
d
k
e
p
t
i
n
s
e
p
a
r
a
t
e
f
u
n
d
s
one of which sha
l
l
b
e
d
e
s
i
g
n
a
t
e
d
t
h
e
g
e
n
e
r
a
l
f
u
n
d
,
a
n
d
w
h
i
c
h
shall consist of
mo
n
e
y
r
e
c
e
i
v
e
d
i
n
t
o
t
h
e
tr
e
a
s
u
r
y
n
o
t
sp
e
c
i
f
i
cally apportione
d
t
o
a
n
y
.
ot
h
e
r
f
u
n
d
.
SEC. 26. Exce
p
t
a
s
ot
h
e
r
w
i
s
e
p
r
o
v
i
d
e
d
i
n
t
h
i
8
c
h
a
r
t
e
r
,
a
n
y
moneys remainin
g
a
t
t
h
e
e
n
d
o
f
a
n
y
fi
c
a
l
y
e
a
r
i
n
a
n
y
i
n
t
e
r
e
s
t
and sinking fun
d
o
r
i
n
a
f
u
n
d
p
r
o
v
i
d
e
d
b
Y
)
1
sp
e
c
i
a
l
b
o
n
d
issue for a specif
i
c
p
1
!
r
p
o
s
e
,
t
h
e
s
c
h
o
o
l
f
u
n
d
,
t
h
e
l
i
b
r
a
r
y
f
u
n
d
and the electric f
u
n
d
,
s
h
a
l
l
b
e
c
a
r
r
i
e
d
f
o
r
w
a
r
d
a
n
d
a
p
p
o
r
t
i
o
n
e
d
to. the respective
f
u
n
d
s
f
o
r
t
h
e
e
n
s
u
i
n
g
fi
s
c
a
l
y
e
a
r
.
SEC. 27. Any
d
e
m
a
n
d
a
g
a
i
n
s
t
t
h
e
t
r
e
a
s
u
r
y
o
r
a
g
a
i
n
s
t
a
n
y
fund thereof rem
a
i
n
i
n
g
u
n
p
a
i
d
a
t
t
h
e
e
n
d
o
f
t
h
e
fi
s
c
a
l
y
e
a
r
for lack of mone
y
a
p
p
l
i
c
a
b
l
e
t
o
i
t
s
p
a
y
m
e
n
t
,
m
a
y
b
e
p
a
i
d
o
u
t
'Of any money w
h
i
c
h
m
a
y
su
b
s
e
q
u
e
n
t
l
y
c
o
m
e
i
n
t
o
t
h
e
p
r
o
p
e
r
5 . fund from delin
q
u
e
n
t
t
a
x
e
s
o
r
o
t
h
e
r
u
n
c
o
l
l
e
c
t
e
d
i
n
c
o
m
e
o
r
revenue for suc
h
y
e
a
r
.
Su
c
h
d
e
m
a
n
d
s
s
h
a
l
l
b
e
p
a
i
d
o
u
t
o
f
such delinquent r
e
v
e
n
u
e
,
wh
e
n
c
o
l
l
e
c
t
e
d
.
Ohapte1'I
I
I
-
l'
h
e
C
u
s
t
o
d
y
o
f
,
P
u
b
l
i
c
Mo
n
e
y
s
.
SEC. 28. AU
m
o
n
e
y
ar
i
s
i
n
g
f
r
o
m
ta
x
e
l
.
,
l
i
c
e
n
s
e
s
,
f
e
e
s
.
2 fies, penalties an
d
f
o
r
f
e
i
t
u
r
e
s
,
a
n
d
a
l
l
mo
n
e
y
s
w
h
i
c
h
m
a
y
b
e
collected or re'Ce
i
v
e
d
b
y
an
y
o
f
f
c
e
r
o
f
,
th
e
c
i
t
y
i
l
l
h
i
s
of
f
c
i
a
l
capacity, or. fro
m
a
n
y
d
e
p
a
r
t
m
e
n
t
o
f
t
h
e
c
i
t
y
,
f
o
r
th
e
p
e
l
'
-
formance of any
o
f
f
c
i
a
l
d
u
t
y
,
a
n
d
,
al
l
m
o
n
e
y
s
a
c
c
r
u
i
n
g
t
o
t
h
city from any so
u
r
c
e
,
a
n
d
a
l
l
mo
n
e
y
s
d
i
r
e
c
t
e
d
b
y
l
a
w
o
r
by
.
this charter to
b
e
p
a
i
d
o
r
d
e
p
o
s
i
t
e
d
in
t
h
e
t
r
e
a
,
u
r
y
,
sh
a
l
l
be paid iilto tho,
t
r
e
l
j
s
u
r
y
.
Al
l
o
ff
c
e
r
s
o
r
p
e
r
s
o
n
s
co
l
l
e
c
t
i
n
g
or receiving,smh
m
o
n
e
y
s
m
u
s
t
p
a
y
t
h
e
s
a
m
e
i
n
t
o
t
h
e
t
r
e
a
s
u
r
y
10 daily.SEC. 2\). No li
a
l
a
r
i
e
d
o
f
f
c
e
r
,
e
x
c
e
p
t
a
s
o
t
h
e
r
w
i
s
e
p
r
o
'
l
l
i
d
e
d
in this chartel, sh
a
l
l
r
e
c
e
i
v
e
o
r
a
c
c
e
p
t
a
n
y
f
e
e
,
p
a
y
m
e
n
t
o
r
c
o
m
.
pensation either
d
i
r
e
c
t
l
y
.
o
r
in
d
i
r
e
c
t
l
y
.
fo
r
a
n
y
se
r
v
i
c
e
s
p
c
r
-
formed by him in
h
i
s
o
f
f
c
i
a
l
c
a
p
a
c
i
t
y
,
o
r
a
n
y
f
e
e
,
p
a
y
m
e
n
t
.
o
r
compensation fo
r
a
n
y
of
f
c
i
a
l
s
e
r
v
i
c
e
p
e
r
f
o
r
m
e
d
b
y
a
n
y
-
3
9
-
cl
e
r
k
s
o
r
.
e
m
p
l
o
y
e
s
,
w
h
e
t
h
e
r
p
e
r
f
o
r
m
e
d
d
u
r
i
n
g
1
b
u
s
i
n
e
s
s
h
o
p
r
s
.
'
N
o
d
e
p
u
t
y
,
c
l
e
r
k
o
r
e
m
p
l
o
y
e
.
a
l
l
r
e
c
e
i
v
e
o
r
ac
c
e
p
t
a
n
y
f
e
e
,
c
o
m
p
e
n
s
a
t
i
o
n
n
h
i
s
s
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as
.
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p
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b
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of
a
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h
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:
y
f
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e
,
c
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p
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a
g
e
,
a
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a
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n
au
t
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r
i
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e
d
b
y
l
a
w
t
o
b
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c
h
a
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g
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d
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t
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d
b
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a
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f
f
c
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r
f
o
r
a
n
y
o
f
f
c
i
a
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v
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m
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he
o
f
f
c
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r
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i
v
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g
t
h
e
s
a
m
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,
t
o
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t
r
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a
s
u
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e
r
;
pr
o
v
k
i
e
d
.
i
n
t
h
i
s
.
c
h
a
r
t
e
r
.
Th
e
t
r
e
a
s
u
r
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r
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t
o
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c
r
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d
i
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r
a
l
f
u
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d
.
Th
e
a
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i
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o
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r
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t
h
e
r
p
r
o
p
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f
f
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d
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l
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v
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ti
m
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t
o
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i
m
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o
t
h
e
t
r
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a
s
u
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r
,
a
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d
t
o
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v
e
r
y
of
f
c
e
r
la
w
t
o
c
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a
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g
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a
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y
f
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c
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o
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,
p
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c
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a
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om
p
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f
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p
e
r
f
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a
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i
a
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as
m
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o
f
f
c
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a
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.
r
e
c
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i
p
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a
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a
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b
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q
u
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,
re
w
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r
o
r
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r
.
o
f
f
c
e
r
re
c
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i
v
i
n
g
.
un
d
i
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t
o
b
o
o
k
s
c
o
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a
i
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,
i
n
g
r
i
o
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ei
p
t
s
,
a
n
d
n
u
m
b
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r
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d
c
o
se
c
p
.
.
ne
i
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e
a
c
h
cl
a
s
s
r
e
q
u
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d
f
o
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I
y
e
a
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d
'
pr
o
v
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d
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d
w
i
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'
a
:
s
t
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b
t.
W
h
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th
e
b
'
o
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k
s
c
o
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o
f
f
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au
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r
p
r
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p
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re
m
a
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r
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a
f
t
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r
.
ac
h
m
o
n
t
h
t
h
e
t
l
'
e
a
s
n
r
e
i.
.
t
.
a
x
er
y
o
ce
r
a
lt
h
o
r
i
z
e
c
l
b
'
l
a
w
40
to charge any fe , commission , percentage , allowance , or com-
pensation , must make to the ,auditor a repOl't under oath of
all moneys received by him during the precedin month , show-
ing the date and number of the receipt on which the money
was received, the amount or each payment, by whom paid , the
nature of the service , and the name and offcial designation or
the offcer performing the service. At the same time or
oftener , if required by the auditor , each offcer above na
shall exhibit to the auditor all offcial receipts , received, by
him during the preceding month , and all offcial receipts
remaining in his hands , unused or not issued , at the close
of lmsiness on the last day of the preceding month,
SEO, 34: The demand of the auditor for his monthly salary,
'J shall be audited and allowed by the mayor, All other demands
on account of salaries fied by law , ordinance or this charter
and: made payable out of the treasury, may be allowed by the
auditor without previous approval. All demands payable out
of any fund in the control of any board , commi sion or com-
7 mittee , before they can be allowed by the auditor or paid
must be regularly approved by such board , commission or
committee, All demands on the treasury for salaries , wages
10 cO"lpensation of deputies , clerks
, ,
assistants or employes in any
11 offce or department must , before they can be audited or paid,
12 be first approved in writing by the offcer , board or department
13 of authority under whom or in which su h demand originated.
14 All other demands payable out of any !,und in the treasury
15 must , before they ,can be allowed by the auditor or paid , be
16 approved by the department , board or offc er in which or with
17 whom the same have originated , and in all such ,cases muSt be
18 approved by the council , and if for more than two 'hundred
19 dollars , also by the mayor,
SEO, 35. Every demand against the city shall, in addition
2 . to the other entries and endorsements upon the same required
3 by this charter show: 1. The ordinance or authorization
under which the same 'was allowed, 2. The name of the
5 board, department or authority authorizing the same, 3, The
fiscal year within which the indebtednesH was iTH'urr d,
- 41-
:The appropriation provided to meet the demand. 5. 'rh('
of the specific fund out of which the demand is payable,
demand shall have written or printed upon it a state-
ent that the same can only be paid out of the income and
venue provided , collected and paid into the proper specific
nd in the treasury for the fiscal year within v.:hich the
indebtedness was incurred.
ARTIOLE VI.
PUBLIO SCHOOl,S .\ND LIBRARIES.
Chapter I-Board of Ed1wation.
SECTION 1. The government of the school depart ent of
the city shall be vested in a board of education , tc! consist or
vemembers , to be called school directors , who shall receive
compensation. They shall be appointed by the, mayor
ject to approval by the council as provided In Article II,
ec. 17 , subdivision thirty-o:te , and shall hold offce for the
erm of five years and until their successors have been
p9inted and qualified;
Provided that the directors first appointed shall , at their
meeting, so dassify themselves by lot that they shall
vely go )Ut otoffce at the expiration of one , two , three,
d five years after their appointment. An:\! vacancy
prior to the expiration of a term shall be filled by
ent by the mayor in the manner heretofore provided,
pointee to serve for the remainder of the unexpired
C. 2. The hoard shall organi;le within olle w(ek after
t appointment, and annually thereafter , by electing one
mber president, whose term of offce shall'he one year
it his successor is elected and qualified,
The board shall hold regular meetings at least once,
month , and at such other times as it may determine
peeial meetings may be called at any time h
t; and the president shall ('all a special meeting
ime when requested in writing so to do by any tWt)
- 42-
members. It shall establish rules for, its proceedings. The
presence of a majority of its members shall b e necessary or
the transactIOn of busmess. In ever instan
is exercised by the board under this article the vote thereon
10 shall be taken by ayes and noes and entered on the minutes
11 of the board , except otherwise provided)n this charter,
SEC, 4. In addition to the powers and duties prescribed bv
the general laws of the state , the board of education shahave power:
One. To establish and maintain public schools in the city
5 o meda , ineluding kindergarten , primary, grammar, higl
6 techllcal, evellng and physical and manual training schools
a:Qd to change, consolidate and discontinue the same as public
welfa:re may require.
Two. To manage and control the school property.10 Three. To employ, pay, promote , transfer and dismiss such
11 teachers and persons and at such times as may be necessary
12 to carry into effect its powers and duties; to fi, alter and
13, approve .their salaries and compensation , and to withhold for
14 good and suffcient reasons the whole or part of the salaries or
15 compensation of any person or persons employed as aforesaid.16 Four. To make , establish and enforce all necessary rules
17 and regulations for the government, effciency and progress
18 of the schools. 19 Five. To establish and regulate the grade of schools an
20 adopt a course of study, not in conflict with that prescribed
21 by higher state authority.
Six. '0 provide the school department with all. necessary
23 supplies , and incur such other incidental expenses as may be
24 nece8sary for the welfare of the department.
25 . Seven. 1'0 build, repair , alter, rent and provide school houses
26 audto furrrish them with proper furniture, apparatus ' and
27 appliances , and to insure any and all school property' against
28 loss by the elements. 29 Eight. To recolImend and arrange for the purchase , sale,
30 lease and exchange of school lots and other school property
for the City of ,Alameda; to .take charge of any and all real
- 43-
estate and personal property which may have been or ma;y
fter be acqtlired ror the use and benefit of the public
hools of the city; provided that no real estate shall be bought
ld or exchanged without the consent of the councilor or
the people evidenced by ordinance;
and provided further that
37 the proceeds of any such sale of real estate or of personal prop-
38 erty shail go into the school fund of the city.39 Nine. To sue and to prosecute and defend actions at law
40. or in equity in the name or the board or education , and to
employ counsel therefor in case the ' city attorney be dis-
qualified or unable to act. Service of process upon the presi-
dent or upon the majority of the members of the board shall
44 be suffcient to give jurisdiction.
Ten. To establish regulations for the proper use , application
and manner of disbursing for school purposes only, all moneys
belonging to the school fund , subject to the rorms and methods
of a ccounting required by the city auditor.
Eleven. To admit non-resident children to any department
of the public schools at th ir discretion , upon the payment
as the board may direct , of tuition fees to be fixed by the
board; provided that said fees shall not be less than the cost
per capita per ' pupil. '
Twelve. To admit, and it shall. be their duty to admit adults
to free tuition in evening schools , but no child under the age
of twelve shall be admitted to stlch schools.
een. fro employ and dismiss school cenSl1S marshals
and to fix, alter , allow and order paid their compensation.
SEC. 5. The board of education shall appoint a superin.
dent of schools whose term, of offce shall be four ;years
ess sooner removed by a fOtlr.fifths vote.
SEC. 6. In any investigation by the board into matters
with the s(Jhool depa,l'tment. the pl'cFlidellt of the
edueation iF! vested with. the power 01: iM ming sub.
and the hoard can compel the attendallce of witnesses
roductioll of documentary and other evideuce. The
and each member of the board is vested with the
f administering oaths or affrmations in all matters per-
SEC. 7. No t
e
a
c
h
e
r
s
h
a
l
l
b
e
e
l
e
c
t
e
d
t
o
a
p
o
s
i
t
i
o
n
i
n
a
n
y
the pubiic scho
o
l
s
o
f
t
h
e
c
i
t
y
u
n
l
e
s
s
h
e
o
r
s
h
e
be
a
p
r
o
p
e
r
l
y
3. accredited gradu
a
t
e
o
f
ei
t
h
e
r
a
C
a
l
i
f
o
r
n
i
a
S
t
a
t
e
N
o
r
m
a
l
s
c
h
o
o
l
the University
o
f
C
a
l
i
f
o
r
n
i
a
,
t
h
e
L
e
l
a
n
d
S
t
a
n
f
o
r
d
J
u
n
i
o
r
University, or
o
f
a
n
.
in
s
t
i
t
u
t
i
o
n
o
f
e
q
u
a
l
r
a
n
k
,
o
r
w
h
o
h
a
s
had at least two
y
e
a
r
s
'
s
u
c
c
e
s
s
f
u
l
t
e
ch
i
n
g
e
x
p
e
r
i
e
n
c
e
.
Ohap
t
e
r
I
I
-
8u
p
e
r
i
1
'
,
te
n
d
e
n
t
o
f
S
c
h
o
o
l
s
.
SEC. 8. It sh
a
l
l
b
e
t
h
e
d
u
t
y
o
f
t
h
e
su
p
e
r
i
n
t
e
n
d
e
n
t
t
o
g
i
v
e
his full time to
t
h
e
d
u
t
i
e
s
o
f
.
hi
s
o
f
f
c
e
a
s
t
h
e
sa
m
e
m
a
y
b
e
prescribed by
l
a
w
,
b
y
tH
i
s
c
h
a
r
t
e
r
a
n
d
b
y
th
e
b
o
a
r
d
o
f
education. His
c
o
m
p
e
n
s
a
t
i
o
n
sh
a
l
l
b
e
.
fi
e
d
b
y
t
h
e
b
o
a
r
d
of education. H
e
s
h
a
l
l
b
e
ex
.
o
f
f
c
i
o
s
e
c
r
e
t
a
r
y
a
n
d
s
h
a
l
l
a
c
t
as bookkeeper f
o
r
t
h
e
b
o
a
r
d
w
i
t
h
o
u
t
pa
y
a
s
su
c
h
.
H
e
sh
a
l
l
keep his books
a
n
d
a
c
c
o
u
n
t
s
i
n
c
o
n
f
o
r
m
i
t
y
w
i
t
h
t
h
e
r
e
q
u
i
r
e
-
ments of the aud
i
t
o
r
.
SEC. 9., 'l'her
e
s
h
a
l
l
b
e
a
p
p
o
i
n
t
e
d
b
y
t
h
e
b
o
a
r
d
a
n
a
s
s
i
s
t
a
n
t
secretary, at a s
a
l
a
r
y
t
o
b
e
f
i
x
e
d
b
y
t
h
e
b
o
a
r
d
.
Th
e
s
e
c
r
e
t
a
r
y
and assistant se
c
r
e
t
a
r
y
s
h
a
l
l
ea
c
h
h
a
v
e
p
o
'
we
r
t
o
a
d
m
i
n
i
s
t
e
r
oaths and affrm
a
t
i
o
n
s
i
n
m
a
t
t
e
r
s
c
o
n
n
e
c
t
e
d
w
i
t
h
t
h
e
se
h
o
o
l
department.SEC. 10. . Th
e
su
p
e
r
i
n
t
e
n
d
e
n
t
s
h
a
l
l
a
t
t
e
n
d
a
l
l
se
s
s
i
o
n
s
o
f
the board and s
h
a
l
l
r
e
p
o
r
t
t
o
t
h
e
bo
a
r
d
u
p
o
n
s
u
e
h
su
b
j
e
c
t
s
and in such det
a
i
l
a
s
m
a
y
b
e
r
e
q
u
i
r
e
d
b
y
t
h
e
bo
a
r
d
.
o
r
a
s
h
e
may deem for t
h
e
i
n
t
e
r
e
s
t
-
of
t
h
e
d
e
p
a
r
t
m
e
n
t
.
Oh
a
p
t
e
r
I
I
I
-
Sc
h
o
o
l
F
i
n
a
n
c
e
s
.
. SEC. 11. It s
h
a
l
l
b
e
t
h
e
du
t
y
o
f
t
h
e
b
o
a
r
d
o
f
ed
u
c
a
t
i
o
n
oj to:fx and determ
i
n
e
a
n
n
n
a
l
l
y
t
h
e
am
o
u
n
t
o
f
s
c
h
o
o
l
ta
"
(
n
e
c
e
s
-
sary for the est
a
b
l
i
s
h
m
e
n
t
.
s
u
p
p
o
r
t
an
d
m
a
i
n
t
e
n
a
n
c
e
o
f
t
h
e
public schools o
f
t
h
e
ci
t
y
a
n
d
f
o
r
t
h
e
c
a
r
r
y
i
n
g
i
n
t
o
ef
f
e
c
t
;J all provisions o
f
l
a
w
re
g
a
r
d
i
n
g
t
h
e
s
a
m
e
;
a
n
d
i
n
p
u
r
s
u
a
n
c
e
of this provision
t
h
e
b
o
a
r
d
s
h
a
l
l
o
n
o
r
b
e
f
o
r
e
t
h
e
se
c
o
n
d
M
o
n
-
day in l\Iav of e
a
c
h
y
e
a
r
.
s
u
b
m
i
t
i
n
w
r
i
t
i
n
g
'
t
o
t
h
e
CO
l
l
u
c
i
l
a
n
;3 estimate of the
w
h
o
l
e
am
o
u
n
t
o
r
m
o
n
e
y
t
o
h
e
r
e
l
'
ei
v
e
d
f
r
o
m
) the state and co
u
u
t
y
,
a
n
d
a
n
i
t
e
m
i
z
e
d
es
t
i
m
a
t
(
of
.
t
h
e
a
m
o
u
n
t
10 to be required fr
o
m
t
h
e
c
i
t
y
r
o
r
t
h
e
(
l
h
o
\
'
me
n
t
i
o
n
e
d
p
u
r
p
o
s
e
,
;
-_
.
4
5
ou
n
t
s
o
f
o
u
n
d
t
o
b
e
r
e
q
u
i
r
e
d
f
r
o
m
t
h
e
c
i
t
y
s
h
a
l
l
be
a
d
d
e
d
t
o
t
h
e
a
m
o
u
n
t
s
o
t
h
e
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- 46-
Chapter IV-Teachers ' Annuity Fund.
SEC. 14., The provisions ' of this chapter shall take effect
upon and after a referendary vote has been taken thereon
and the maj.ority of the ualified electors voting thereon have
voted therefor.
SEC. 15. It shall be the duty of the council to provide
annually for the levy and collection of a tax of five. mW'1 on
each one hundred dollars of taxable property in th& citJ.
The proceeds of this tax shall be et apart in the city treasllry
in a fund to be known as the Teachers ' Annuity Fund , and
said fund shall be drawn upon for no purpose other than the
purposes in this chapter designated,
SEC. 16. Subject to the provisions of this charter the
board of education shall have control of the disbuNcmeilt of
this fund and said board is empowered to receive donations
and bequests to said fund, which donations and beqUfts , if
in money, it shall immediately on receipt thereof
, ,
deposit in
the city treasury to the credit of the fund.
SEC. 17, Any teacher who shall have served thirty years
in the public schools of. tilis city shall be entitled to retire
from service and to beeome an annuitant under the provisions
of this chapter. Any teacher ,yho shall have served twenty-'5 five. years in the public schools of this city, and who shall
6 by the board of education. lave been discharged from service
7 '!)y reason of incapacity shall be entitled to become an
" nnuitant.
SEC. 18. Any person who , under the provisions of this
2 chapter , shall be entitled to become an annuitant , shall be
entitled to receive , subject to the provisions hereinafter set
4 forth, such sum per month as shall egual fity per cent, of the
average salary paid to said teacher during the last ten years
6 ,of his or her term of service in the public schools of the City
of Alameda,
SEC. 19. Whenever there shall be in the teachem ' annuity
fund a sum suffcient therefor the board of education shall
- 47.-
to be drawn on said fund warrants in payment Of
. s to alL annuitants entitled to receive the same.
ere be not suffcient money with which tc, make one
s payment of all the annuities otherwise due and pay-
to said annuitants , then the board of. education shall
the drawing of the warrants aforesaid , until such time
there shall be in said fund suffcient money to pay the
Chapter Y-Free LibrCtI':U,
SEC, 20. The Alameda )1 ree I"ibrary shall 'be under the
manaO'ement of 11 hoard of fiye trustees. to be known as the
'"
d of library tru tees , nnd who shall serve 'without com-
ation. They shaH he appointed by the council , and shall
o ce for the term of five years and until theIr successors
e been appointetl and llualified; provided, however that
trustees first appointed shall at their first meeting so
classify themselves by lot that they shall respectively go out
at the expiration of one, two , three, four and five
er their appointment. Any vacancy occurring prior
ation of 'a term . shall be filled by appointment in
heretofore provided, such appointee to serve ,for
der of the unexpired term.
. The board shall organize within one week after
pointment and annually thereafter , by electing one
president. It shall also elect a secretary, who
e during the pleasure of the board,
The board shall appoint a librarian and such
es as may be necessary, and fix their compensation
remove them at their wilL
The board shall have full charge , management
of the library and of all the real and personal
belonging, or that may be acquired by loan.
devise or otherwise, when not inconsistent
and conditiops of the gift , devise or bequest , or
tel'. Regular meetings shall be held once in
, and special meetings may he held a-; the board
- 48-
8 may determine. A majority or its members shall constitute a
quorum.
SEC. 24. The board shall have power:
One.. To make and enforce such niles , regulations and by-
2a laws as may be necessary for the ' administration , governllent
and protection of the library and all the property thereto
belonging or in its custody.5. Two. To administer any trust declared or created for such
library.
Three. To purchase any and all real and personaJproperty
necessary for the purposes of the library, and to repair, sell
or otherwise dispose of personal property,
10 , Four. To draw warrants , duly certified by the president
11 and secretary on .the library fund , to pay authorized expendi-
12 tures , which warrants , when duly audited , the treasurer shall
13 payout of said, fund; and generally to do Rnd perform all
14 acts necessary for the proper carrying into effect or the pro-
15 visions of this charter with reference to the library.16 Five. To establish , maintain or discontinue such
17 of the library as the board may deem best.
SEQ. 25. The board shall, annually, on or before the first
2 Monday of July of each year , make a report to the mayor
and council giving a full'statement of the condition of its trust
and a statistical resume of all matters pertaining to the library
property and management occurring during the previous
6 year, and shall, on or before the second 'Monday of May in each
7 year, recommend such tax levy or oth r matter pertaining to
the library . as to them. may seem necessary or of interest.
SEC. 26. There shall be levied by the mayor and . cou nciL
and collected as in other cases , annually, a tax not exceeding
one mil on the dbllar of the assessed value of taxable property
in the City of Alameda for the purposes of the library.
SEC. 27. All money and revenue derived for the use of the
library, from whatever source, shall be paid into the city
treasury and be known as the library fund, which shall be
kept separate from all other funds and which shall be drawn
ij upon Jld
ii n'tthtu.jg
;JHll'ptf!tlf! (It Ub!'IU'Y tlf! bt!!'t'ln
A.RTmLE
POLl("1! ANI; JiUUiJ.
SECTtON 1, 'J1 ha poli(j find fire departmantfi IJhall hi! under
nHUH\.gament of a board of thr(:(j (?Qmmissiolle1'1i to
appointed by the PH1Y01' from .anLOng the qualifiad ale(jtor
4 'of the oity, subject to app:rval by the conncil fiA oll1ewhoI'a
5 p!'Qvided. They !Shall lwld offce the ttn'U of foUl' J'enrs,
eXfJept the fi!'s board apPointed: They shall be the head of
7' the police and fire department!'.
SEC. 'rhe eommissioners shall enter upon their duties
within thirty da,ys after their appointment, and they shall
Qrganize as a board by electing one of their number presi-
4: dent. At the first, meeting of the board the commissioners
5 shall , by lot , so classify themselve:s that one of their num-
ber shall hold offce fQr a term of two years , one for a term
or three years and, oue for a term of four years. 'The board
shall establish rules and regulations governing its proMed-
ings and for the regulation and c oriduct o its offcers , clerks
10 and. employes; and may require bonds from its subordinates
for the faithful performance Of their duties.
SEC. 3. The board shall hold regular meetings at least one
8: month and special meetings at such other times as it may
appoint, or of which the president may give notice, The
regular meetings shall be held on a day' and at an hour
by resohltion entered upon the records of the board
hicn shall not be ,changed except by similar resolution
which notice shall be posted for two weeks in the offce
the board. The tings of the board shall be public.
;vo members shall constitute a quorum , and the affrmative
f two meJ;bers shall be necessary to pass any order
or resolution.
SEC. 4. ,The board shall keep a record, of its transactions
specifying, therein tl:e names of the commiSioners present
,- 50-
at the meetings , and giving the ayes and nbes, upon. all ,votes.
Every ord()r or resolution shall be rec6rd d 8It length and the
record shall l:e approved by the board;
SEC. 5. The offcers , ;nembers ' and employes of the police
and fire departments shall be appointed by the board; but no
appointment or removal sliall be made , by the board for
political purposes , nor shall any removal be' made except for I
cause established to the satisfaction of the board , after due.
investigation .01' trial. The salaries of, offcers , clerks , and
employes of the board except so far as the same are otherwise,
designated in this charter, shall be fied from time to time
9 by the council in its discretion on recommendation of the-
10 board,
SEC. 6. The board shall have power:
One. To prescribe the qualifications , duties, badges of offce-
and uniforms of offcers, members and employes of said
departments.
Two,. To prescribe rules and regulations for the govern-
ment and discipline of the same , and "to prescribe and enforce-
penalties for their violation.
8 '1'hree. '1'0 hear and determine ,all complaints of miscon-
9 duct , ineffciency, violation of the rules and regulations , or
10 other charge against any offcer , member or emplo;ye of said
11 dep ,rtments , and to take such action thereon as shan be,
12 most conducive to the maintenaIi2e , discipline and effciency
13 of said departments.14 Four. To -appoint and remove at their discretion special
15 policemen , who shall be under the supervision and control'
16 ofthc chief of police provided, however hatthe compensa-
17 bon of said special policemen shall in no event be chargeable
18 to the city, unless appointed by authority of the mayor,10 Five, To nlake all necessary rules and regulations to carry
:20 into (';.:ccution the rore6'oing po.vers , and an other powers
21 vested in said board by this charter , or by any o;dinance
22 passed pur::raant thereto , or by the constitution and laws of
23 this state , and in general to manage and control said de-
24 partments.
- 51-
, SEC. 7. The board shim have the custody and control of all
property; buildings and equipments now or hereafter used by
3 ,or belonging to said police and fire departments.
SEC. 8. The bo rd shall annually report tv the council
2 , an estimate of the amount of money that wil be required to
3 pay all salaries and expenses of the police department and
4: of the fire department for the ensuing year , specifying in
detail the proper items for which the same wil be required.
SEC: 9. The board shall make semi-annual reports to the
council of its acts and expenditures , and also of the condition
3 . of said departments.
SEC. 10. The board shall determine and report to the
council as to the necessity of constructing cisterns and erecting
hydrants in particular localities , the necessity for additional
4: houses; apparatus , material , supplies , engines , horses , hooks
an,d ladders , and also as to alterations and repairs required;
but the ' action of the board with respect to the necessity
'1 of these matters shall be only advisory to the council , and
e of the matters and t'/ings in this section enumerated
done or provided until the same shall have been
orlzed by ihe council. All contracts let and work ordered
d departments shall be let and ordered 'by the council;
e board shall see that the same are faithfully carried
d performed; provided, howe'ver that the board shall
ave power to make repairs upon. engine and other property
their custody and under their control when the necessity
ch repairs i urgent , and the cost thereof does not exceed
m of one hundred and fifty dollars the bils for such
urgent repairs to be ordered paid by the counciL
. 11. First. The police department shall consist of a
of police, who shall be the executive head of the police
artment
, -
and such sergeants , detectives and pa.trolmen as.
be necessary, riot exceeding in the aggregate , on the
lar force , one to every one,thousand inhabitants of the city.
ond. The employes of the 'fre department shall consist
hief engineer, who shall be the executive head of the fire
-
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11 offense. All mneys
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12 to be established and
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13 hoard may adopt, fo
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14 members and the famil
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.
15 ment of which the of
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'16 employe. 'he board
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17 itemized account of all
m
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-
18 ing the preceding year
.
an
d
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On
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n
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Th
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pe
n
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T
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11
a
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12
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13
ye
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y
.
SE
C
.
2
.
Th
e
b
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or
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el
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t
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d
.
SE
C
.
3
.
R
e
g
u
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a
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3
b
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i
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sh
a
U
b
e
p
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b
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i
c
.
SEC. 1. In all inv
e
s
t
i
g
a
t
i
o
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s
o
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t
r
i
a
l
s
co
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b
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2 board, the president
t
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sh
a
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:
p
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is
s
u
e
snhprenas for and com
p
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t
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a
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n
d
a
n
c
e
of
w
i
t
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s
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e
s
a
n
d
t
h
e
production of papers be
f
o
r
e
i
t
.
Su
c
h
s
u
b
p
r
e
n
a
s
s
h
a
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b
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s
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r
v
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d
.
G by any polirclT?-n. An
y
m
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m
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i
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r
oath'S and affrmations
i
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in
v
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t
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s
.
SE
C
.
4
.
S
a
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b
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a
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p
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in
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n
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.
5
di
s
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6
c
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p
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W
6
r
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p
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he
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.
HE
A
L
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H
.
SE
C
.
5
.
T
h
e
b
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r
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e
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a
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s
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r
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d
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a
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re
c
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be
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i
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9
t
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i
t
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a
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a
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10
co
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.
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h
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p
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t)EC. H. The offcel
'
s
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p
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f
b
o
t
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fil'e dCpal'lUwllt8, emp
l
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i
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at
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:3 adoption of this chart
e
r
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J PO,:itiOIlS, unless remov
e
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.
AR
T
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V
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.
NEC, 1. There sha
H
b
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management of a hoa
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.
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:\ ('()llsist of ji\' members
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c
i
l
-- 54
11 to, prevent or forbid communi ation w th infected tamilie. or
1,2 houses , and by the consent of the .council may provid and
13 Ilaintajn ambulances and may establish a pest-house and pro-
14 vide the necessary att ntsand suppliestb.erefor.
SEC. 6. The council may, by ordinanee or otherwise , make
and enforce such order., an9. regulations as the board of
heltlth may from time to time 'recommend; and all expenses
necessarily incurred by the, board 'or health in carrying out
the provisions of such ord rs an d regulations shall be provid
for by the. council.
SEC. 7. The sum in the annual budget for the city tax
levy apportioned by the council for the use of the health de-
partment shall be deposited in the city treasury as a fund
to be known as the flealth department fund. Said fund shall
be under the exclusive control of the board of health , subject
to such restrictions as are provided in'Art,icle III , Chap'terII
o,f this charter.
SEC. 8. The board of health ' within two weeks from the
time of its organization , shall elect a city physician , .roo shall
also act as health offcer and sec:ueta:r of the board of ,health.
He. shall receive such compensation for all his services as may
be fixed by the board of health, He shall not be a member of
the board of health. He shall be an ' elector of the city and a
duly licensed physician under the laws of the State of Cali-
8 fornia , and ,actually engaged in the practice of his profession
therein, He shall hold hi offce during the pleasure of the
10 board and must see that the laws and ordinances or the city
11 In-relation to the public health and the regulations and orders
12 of the board of health are properly enforced. He shall keep
13 a full record of all the transactions of the board of health
14 as well as all the recor appertaining thereto. He shall ,have
15 the powers of a p olice offcer , and shall make an extended
16 annnal report to the board or the affairs pertaining to his
17 offce, including mortuary and other statistics , with such obser.
18 vations and recommendations in relation, to the sanitary con-
19 dition of the city as he may deem proper.
55 -
SEC. 9. The city physician shall attend. when called upon
the in'dgent sick or wou:Qded in the city, and shall have charg-e
of any receiving hospital or dispensary established for the
enefit of. emergency cases and the sick poor, and when deemed
neceHsary by the board of health , he may employ nurses to
assist him in the care,of the sick or wounded.
SEc.10.he city physician , as health offcer, shall visit
ce in each quarter, all public buildings ' and scl-ool houses
in the city. During such visits he shall examine the manner
i:Q which they are lighted, ventilated; and heated , and particu-
5 - larly as to their sanitary co dition.
. SEC. 11. The city physlcian' as health offcer , shall promptly
report in wl'iting to the clty superintendent of schools the
3 name and residence of, every person sick with any, inrectious
or contagious disease. Said city superintendent of schools
5 when so notified , must refuse admittance to the schools of any
6 member of a household one or more of whose inmates are sick
from any of the. aforesaid diseases. The person excluded shall
8 be admitted on presenting a certificate from his or her attend-
ing physician, or from the ' health offcer , that there is no longer
any danger from infection, or contagion.
SEC. 1,2. When. a case of infectious or contagious disease is
2' reported to thedty physician, he may visit the premises where
th,e person is, and , when satisfied that said disease exists , he
shall place a yellow flag or conspicuous notice on said premises
which shall remain during the continuance of the said disease
\ '
Qn said premises.
SEC. i3.The city physician may cause to be removed to a
hospital allY person in the city affected wi h s,nallpox , and
3 ' with the consent of the board of health , cause to be
yed to a hospitalan;r person affected with any infectious
When a case of Slallpox exists in any house , and the
affected is not re'rnoved to said hospital or pest-house
ffcer shall i ediately place a quarantine flag on
and may place a comp etent person in charge
shal see that a quarantine is strictly: enforced so
gIl public safety requires.
- M-
SEC. 14, The city physician shall vacIJinate, free of charge
all poor person a.pplying to him.
SEC. 15. Within two weeks from the time of its organiza-
2 tion , the board of health shall o.ppoint a veterinarian and food
3 inspector, and may from time to time appoint additional food
4 inspectors , whose duties shall be prescribed by the board
and who shall hold offce during the pleasure of tne board , and
shall receive such compensation as may from time to time be
fied by the board. The veterinarian shall be duly .licensed
under the laws of the State of California.
SEo._16, The board of health within two weeks after its
organization shall appoint a sanitary inspector, who shall be a
skiled and practical plumber, an elector of the city and a resi.
dent therein for not less than one' year. His duties, shall be
prescribed by the board of health. He shall be clothed with the
powers of a police offcer , and hold his. offce during the pleas-
TIre of the board of health. His salaryshaU be fixed by the
board of health.
SEC., 17. Nvery member of the hORl:.d of health and the
health offcer may administer oaths on, Ilatters connected with
the health department.
ARTICLE IX.
PUBLIC UTILITIES.
OhapttJ7' I-Department of Electricity.
SECTION 1. There shall be a Department. of Electricity which
shall be under the management and control of ,a board of three
commi sloners , te be known as the board of electricity. They
shall receive no compensation. They shall be appointe.d by the
5 mayor, subject to the approval of the cou:qcil as. elsewhere
6 provided , and shall hold offce for three years., &nd until their
successors are appointed and qualified;
8 Provided, howevel'that the members first appointed shall
at their first meeting so classify themselves by lot that they
10 shall go out of offce in one , two and three years , respecth dy,
11 after their appointment, They shall be electors of the IJity.
- 57-
12 They shall have charge of the construction and maintenance
13 of the electric light and power works , now owned by the city,
14 of the fire alarm and police telegraph and telephone systems
and of such telegraph and telephone systems as the city now
16 owns or may' hereafter own or control. They shall organize
17 within one week after the first appointment , Itnd annually
18 thereafter, by electing one of their number chairman , whose
19 term of offce shall be one year and until his succes::or has been
20 elected. The city .cerk shall act as secretary of the board and
21 shall keep the minutes and records thereof.
SEC. 2. The board of electricity shall hold regular meetings
, at least once in each month , and at such other times as it may
determine. Special meetings may be called at any time by
a.ny member , due notice in writing- being given to the other
members. Its meetings shall be open to the public.
SEC. 3. In every instance when a power is ex:ercised by the
board of. electricity under this charter, the vote thereon shall
be taken by ayes and noes and entered on the minutes of the
4 board , except as otherwise provided herein.
SEC. 4. ' The board of electricity shall cause to be kept a
proper and comprehensive system of accounts , in such form
as shall be approved by the auditor , showing in detail the re-
ceipts from all sources and showing in segregation the expendj.
tures for running expenses , betterments and purchase of new
machinery,
SEC. 5. Subject to the restrictions elsewhere in this charter
2 expressed, the board of electricity shall have power:
One. To manage and control the property of the .city
appertaining to the electric department; and to superintend
the construction , maintenance and improvement of the electric
, the management, sale and distribution of power, light
eat and the collection of rates for the same.
. To purchase all machinery, materials , fuel and sup-
plies necessary for the maintenance and effcient operation of
artment.
e. '1'0 employ, pay, transfer and dismiss such employes
f the electric department and at such times as in their judg-
- 58-- 59-
SEC. 8. All.moneys apportioned by the council for use
the department or. electricity, together with all moneys collect
3 by the board, of electricity shaH be .set apart in a fund to
4 known as 1;e electric fund, which fund shall be drawn on ori
5 by .order of the board or electricity except as otherwise PI'
vided in this chartr.
SEC. 9. The board or electricity shall not have power to
create any, debts or liabilities in any .one . year to exceed the
al revenue or available means. in the city, treasljry under
. r control; .provided that in cas (!f disaster, flr:e , riot , earth-
ke or public enemy the board may, with the approval of
the mayor and council, in ur extraordinary expenditures; ,and
the council may by' ordinance cause to be transferred to the
, electric fund from the general fund suffcient moneys to pay
tnesame.
13 ment may be necessary; to fi, alter and improve their salaries
14 and compensation , to withhold for good and suffcient cause
15 the whole or any part of the salaries or compensation oJ: any
16 person employed by them; to make , establish and enforce all
17 necessary regulations for the effciency of the ,department.
SEC. 6. The board of electricity shall 'present to the co uncil
annually in each year a detailed report for the year ending
June 30 , whichsha1l show the amollnt of money received fro
all sources , and the balance on hand,' The report shall sha
in segregation the anlOunts expended for salaries anI' other
6 running ' expenses , betterments , purchase .of machinery and
any other subdivision required by the auditor. It shall also
give a complete inventory of the property under ' the control
of the board , together with an itemized statement of the cost
10 condition and present value thereof; with such other informR
11 tion and suggestions as the board may deem of general interest.
12 The board of electricity shall also make to the council l'egulal'
13 monthly reports of the receiptS' and expenditures ror the pre-
14 ceding month , segregating the items' of expenditure as abov
15 provided.
SEC. 7. On or before the second Monday in lVay in each
Y13 the board of electricity shall submit to the council a
estimate of tb.e income which may be expected to be derive
during the ensuing fical year from the sale of electric current
and an estimate of the amount which in their judgment wil
be neeaed from the city for betterments , repairs and runnin
7 expenses , including the expense of lighting the public stree
and buildings of the city, the cost of the current for the fi
9' alarm systen; and such other publi(j use. as they may estima
10 wil be required and recommend'a rate to be charged.
SEC. 10. All moneys collected by 'th board .of electricity
from any source shall be by them deposited with the city
treasurer or city depository on the same day on which they
are collected, and in such manner as shall be p rescribed by the
auditor.
SEC. 11. The rates to be charged for electric light , power
and heat shall be fied annually by the council.
SEC. 12. No part of the money in said electric light fund
shall be used for any purpose other than the following:
, One. The council at the time or fixing the general tax
levy shall apportion from said fund an amount .suffcient to
eet all payments coming due , as principal or interest, on all
outstanding electric light works bonds, before the time of
fixing the next general tax levy, and the money so apportioned
shall be used to meet such payments and for no other purpose;
Two. For the necessary expenses of conducting. the electric
department , operating the works, and making the repairs
ions and betterments necessary to meet the requirements
t e city and other consumers.
SEC. 13. Every demand an the electric fund shall 'be signed
two members of the board and attested by the signature
f their secretary, giving the date of its approval.
SEC: 14. All contracts for supplies , materials , machineI:
struction work where the amount to be expended exceeds
ndred dollars shall be advertised and , aWltrded to the
est bidder, except that the board may determine to reject
ids.
60
ARTICLE X.
mljd
the bg
ltloou QI'
than oue
SEC.' 15. Whenever the City of .Alameda shall acquire any
public utilty under the provisions of this charter , the mayor
shall provide for the control and operation of said utility b
l! the appointment of a board of three commi$sioners , and their
duties and powers shall be prescribed by ordinanC'e on lines
similar to those provided in this charter for the government
and control of the board of electricity.
ALCOHOLIC LIQUORS.
SJJO. No lican tJw !H.'ovil!wns ot thi/3 ttt'ticla
2 . 11111111 baAssignable or transfet'able' without the conl'ent of
:3 the conncil endot'sed thereon , Il1w11 cOD.ent being evincm:
4& resolntion, and only tt) lIuch pet'fton , firm 01' corpo.!'a.tio:n as may
have filed It bond as heretofore provided, and complied in
othel' respects .with anch preliminary l'equh'ements as /Jrs
provided by law.
P7'ovi(led, that in CaSe any Ucensee is charged with viola-
tion of the provi!'ions of this article Or of I:ny ordinance
imposing restrictions 'on his conduct as such licensee, which
charge or chargog result in an investigatiop. by the council(lr
by any court or other body authorized by law to conduct such,
investigation , then during such investigation or during a trial
upon such charge or charges , and also after convi,ction , if
the same shall follow, no transfer of -said license f:hall be.
granted.
SECTION 1. It shall be unlawful for an;)' person , firm or
corporation to establish, open , keep, maintain or carryon
within the City of Alameda any saloon , bar, sture, dramshop,
3a tippling place , stand or any place where spirituous , malt or
fermented liquors or wines or any admixture thereof , are sol
or given away, or for any person, firm or corporation (excep
as hereinafter provided) to sell or barter or give away withi
the limits of the city any spirituous, malt or fermented liquo
or wines or any admixture thereof, without having permissio
pursuant to an ordinance of the council or people , as provide
10 in this article. The provisions of this article shall not appl
11 to the sale or dispensing of the said liquors , or any of them
12 by a regularly and duly licensed pharmacist , in the courst1 or
13 his business as a druggist, for medicinal purposes, at his drug
14 store, when the same are sold or dispensed upon a prescrip-
15 tion of a duly and regularly: licensed physician. Violation of
16 any of the provisions of this section shall constitute a rnisde-
17 meanor.
SEC. 2, Subject to the provisiQns or this charter the counc
shall have power by ordinance to impose all license taxes for
and to confine within the limits of time and place and other
wise regulate the sellng and giving away of any spirituo
malted or fermented liquors or wines or any admixture thereof.
SEC. 3. No license provided for in this artiCle shall b
granted ror a sum less than five hundred dollars per annum
payable f(uarterly in advance.
SEC. 6. Upon suffcient cause being shown or proof fur-
nished to the c.ouncil that any person , firm or ,corporation'
holding a license under the provisions of this article has
violated any of the provisions thereof, or of any ordinance of
the city ,relative to the sale of liquors , the council shall , upon
notice being' given to the person , firm or corporation so licensed
revoke such permission, cancel the license and declare the bond
rfeited. Any license shall be revok\id ipso facto by judgment
onviction of the holder thereof of a feluny or or the
ion of any of the provisions of any ordinance by this
e authorized.
SEC. 7. No license shall be issued entitling the licensee
carryon the busil'ess licensed at more than one place. Each
ce::'i shall at all times keep his license posted in a conspic-
UNW ,lace in his saloon or place of making sales thereunder
-
6
2
-
so that the license
s
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.
SEC. 8. No lice
n
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q
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sellng liquors at wh
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w
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holds a license und
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SEC1'ION 1. Elec
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C
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and special municip
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.
SEC. 2. General
m
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second Monday in
A
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T
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M
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A
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,
1
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7
.
SEC. 3. Special
m
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f
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shall be held ori suc
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charter.SEC. 4. All gen
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council shall make
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16 fBfJnlt of bis 6:,amiua.tion.
9, If tha patition found to !rt;iff!)iantlyas pJ'ovided the shall the name of tha
(jltudidnte sO nominated a. :not later ten'
prior to election, certify said list. as li!itcause with Ust of names tht)
offces for which the candidates were respectively nominated,
to be published at least five successive days to the election
in two daily newspapers published in the
SEC. 10. ,The city clerk shall oause ballots to be ' printed
numbered and bound, whioh ballots shall ontain said list of
names and of the respective offces as published; aJ;d the fol.
lowing captiop.: "Municipal Elect.ion , City of Alameda
(inserting date thereof). To vote, stamp or write a -cross
opposite the name of the candidate voted for or the measure
voted on.
The names of the candidates shall be arranged on such
9' ballots in the following order: "For Mayor , vote for one
10 "For Auditor and Assessor , vote for one
; "
For Treasurer
11 and Tax Oollector; vote for one ; "For Police Judge , vote
12 for one , " following with the name of any other offce to be filled
13 at that election except that of councilman , the names of the
14 oandidates for councilmen to be the last on the ballot; provfded
15 that at. the first election held under the provisions of this
16 charter the tickets shall read , as regards councilmen to be
17 nominated at large Vote for two,18 The names of the candidates for each offce shall be arranged
19 in alphabetical order. There shall be nothing on any ballot
20 indicative of the s6urce of nomination or of support of any
21 candidate.
SEC, 11. The mode of nomination and election of council-
2 men nominated from wards shall be as is heretofore provided
in this article with the exception that the signatures to t.he
petitions for each such councilman shall be limited to those
of electors rrom the ward in which the councilman resides
and each petition shall be signed by not less than twenty
electors. The names .ouncilmen noininated from wards
shall be preceded by these words: "For Councilman from
9 Ward" (naming the ward) "vote for one, "
SEC, 12. Each ballot shall contain blank spaces underneath
the printed. names of offces , wherein a voter may write the
name of any candidate for whom he may wish to vote,
SEC. 13. The ballots shall be printed on paper provided
the secretary or state , which paper shall be such as is pro-
vided ror use at state elections , and the form provided for
state elections shall be adhered to as closely as practicable
and stil conform to the of this chapter,
SEC. 14. IiJach ejector may vote for as .many or said candi-
dates as there are offces to be filled , by writing or stamping
3 a C1'0118 in the square opposite the name of the candidate, The
candidates in number equal to the number to be chosen , who
have the highest number of votes , shall be declared elected.
SEC. 15, candidate nominated to fill a vacancy and
to serve the remainder or an unexpired term , may be nominated
as above provided , but such candidate shall be designated on ,
the ballot as a ('andidate to fill a vacancy, and the term or the
vacancy shaH be stated,
SEC. 16. If any candidate who shall have received the
highest number of votes hall prove to be disqualined , then
the qualified candidate who shall receive the number of votes
next highest shall be entitled to the office.
ChaptC1' Ill.
SEC. 17, The term of each office or appointive
shall be limited to the good behavior or the holder theJ'eof
3 who shall be subject to removal as provided by this charter
and by general law.
sCR2-
-- 67
MISCELLANEOUS.
SEC. ,7. The improvement , widening and opening of s reets
the planting or trees , and all other matters not specified in
this charter, shall be done , and assessments therefor levied
in conformity with and under the authority conferred b;
general law.
ARTICLE XII,
SECTION 1. Whenever in this charter the word " city
2 occurs , it means the Oity of Alameda , and every department
board and offcer, whenever either one of them is mentioned
in this charter , means a department,. board , or offcer , as the
case may be , or the City of Alameda.
SEC. 2. The fiscal year shall begin with the first day of
July, and end with the last day of ;Tune of each year.
SEC. 8. The mayor , the auditor and the city clerk shall
together count the money in the treasury at least once in three
3 months , and see if the amount on hand talles with the amount
that should be in said treasury shown by the proper books or
the city, and they shall make a written report thereof to
the council.
SEC. 4, Compensation or city offcers shall not be increased
or diminished during the terms of their respective offces,
SEC. 9., All offcers and boards shall turn over and deliver
to their respective successors desig'uated in this (jharter all
3 papers, books , documents, records , archives and other prop-
erties pertaining to their respective offces or departments in
their possession or under their control.'
SEC. 10. No member of the council , or of any board, and
2 no . offcer or employe of the city, shall be or' become directly
or indirectly interested in any contract, work or business , or
in ,the sale of any article, the expense, price or consideration
of which is payable from the city treasury, nor shall either
or any or them receive any gratuity or advantage from an
contractor or person furnishing laoor or material for thf!
same.
SEC. 3, offcers mentioned in this charter , elected or
appointed, at the time of their election or appointment , must
be citizens of the United States and residents of the city, and
must continue to so reside in the city during their respective
terms or offce or employment.
SEC. 5, The restriction in this article in regard to citizen-
ship and residence shall not apply to school teachers , except
that immediately after their appointment they shall become
and shall continue to be residents of this
SEC. 6. If any offcer of the city shall remove from the
city or absent himself therefrom for more than thirty days
consecutively, without the permission of the or shall
fail to qualify by taking the oath of offce and fiing his offeial
bond whenever such bond is required , within fiteen from
the time his (ertificate of election or appointment is mailed
or delivered to him , or shall or he convicted of any
or be insane , his office shall be va(ant and
the vacancy filled as herein provided. The shall have
10 the power to appoint suitable pers:ms to fill vacancies in any
11 offce , except as this char er otherwise provides, The
12 shall hold for the unexpired term and mitil the election or13 anu of his f;Uf:CPSf;OJ'
SEC. 11. No offcer of the city shall give or promise to
give to an.) person , any portion of his compensation , or any
oney or any valuable thing in consideration of having been
or or being nominated , appointed , voted for or elected to any
offce or employment.
SEC. 12. No offcer or employe shall accept any donation or
gratnity iLl money or other valuable thing, either directly or
from any subordinate or employe , or anyoneunder or from any candidate or applicant rorany as employ or subordinate under him.
SEC. 13. A violation of any provision of the three sections
last preceding shan cause a forfeiture of his offce , and he
- 68-- 69-
shall be forever disbarred and disqualified from being elected
appointed or employed in the service of the city,
to the removal of appointees on the several boards or commis-
6 sions , which boards or commissions are , by this charter , vested
with the management and conduct of branches or departments
of the government of the city,SEC: 14. Every offcer who shall wilfully approve , allow
or pay any demand on the. treasury not authorized by law
ordinance or this charter , shall be liable to the ity individually
and on his offcial bond for the amount of the demand so
ilegally approved, allowed or paid , and shall forreit the offce
which he holds and be forever disbarred and disqualified
from holding any position in the service of the city.
SEC. 15. All books and records of every offce and depart-
ment shall be open to the inspection of any citizen at any
time during business hours , subject to the proper rules and
regulations for the effcient conduct of the business of such
department or offce; but the records of the police department
shall not be subject to such inspection except by permission
of the proper police authorities , or by order of the mayor.
SEC. 20. All ordinances , resolutions and regulations of the
city in fOl''e at the time this charter takes effect , and not
inconsistent therewith , shall continue in force until amended
or repealed,
SEC, 21. All offcers of the city when this charter takes
effect shall Gontinue to hold and exercise their respective offices
under and in accordance with the terms of this charter , until
the election or appointment and qualification of their successors
provided for herein.
SEC. 16. Copies or other extracts , duly certified , from said
books and records open for inspection , shall be given by the
offcer having the same in custody to any person demanding
the same and paying or tendering ten cents per folio of one
hundred words for such copies or extracts , and the additional
6 sum of twenty-five cents for certifying to such certified copy
or extract.
SEC. 17. Except where otherwise provided for by law
or this charter , all public offces shall be kept open for business
during such hours as may be provided by ordinance,
Sp;c, 22, '1'he board of trustees of the present City of
AlauJCda shall provide for the holding of the first election of
offcers under this charter , and shall canvass the votes and
deeIare the result thereof,
SEC. 23. The compensation of all paid offcers and employes
of the city for whose compensation no provision has been made
in this charter , shall be fied by the council.
SEC. 18. Every offcer authorized by law or ordinar.ce to
2 allow , audit or certify demands upon the treasury, or to make
any offcial investigation , shall have power to administer oaths
and affrmations , and take and hear testimony concerning
any m-atter or thing relative thereto.
SEC. 19. Unless otherwise provided by law or this charter
any offcer , board or department authorized to appoint any
deputy, clerk , assistant or employe , shall have the right to
remove any person so appointed. This right shall not apply
SEC. 24. It shall be the duty or every offcer and person in the
or service of the qity:, when it comes to his knowledge
that any (ontract or agreeinent with the city or with any offcer
or department thereof, or rell,ting to the business or any offce
has been or is about to be violated by the other contracting
party, forthwith to report to the mayor all facts and informa.
tion within his possession concer:qing such matter, an.d a will.
ful failure so to do shall be cause for removal or such offcer or
employe as in the case of malfeasance in offce.
SEC. 25, All. advertising required by the city may be
published in a daily newspaper printed and published in this
city, and which newspaper shall have been established at
least one year immediately preceding the date or the contract
ror doing snch advertising.
70-
SEer 26, Any offcer of the city, or of any department
2 thereof, who shall aid or assist a bidder in securing a cont.ract
to furnish labor , material or supplies at a higher price or
rate than that proposed by any other bidder , or who shall
favor one bidder over another, giving or withholding informa-
6 tion , or who shall wilfully mislead any bidder in regard to
the character of the material or supplies called for , or who
shall knowingly accept materials or supplies of a quality
inferior to that called for by the contract , or who shall know-
10 ingly certify to a greater amount of labor performed than
11 has actualiy been performed , or to the receipt of a greater
12 amount of different kinds material or snp plies than has
13 been actually received be guilty of malfeasance and shall
14 be removed from offce.
Be it known that. in pursuance of said provisions of the
constitution and within a period or ninety . days artersuch
10 election, said board of freeholders has prepared and does
11 propose the foregoing as and for the charter of the said City
12 of Alameda , and that in proposing and submitting such charter
the said board of fifteen freeholders pursuant to said provision
14 of constitution, also therewith for. the choice of
voters , and to be voted on separately, without prejudice
16 to other provisions in proposed charter
two alternative propositions stated and designated
18 respectively ' Alternative Proposition No." and" Alterna-19 Proposition No.
20-Said alternative propositions
SEC. 27. Shouldany
of this charter be or unconstitutional
unconstitutionality shall destroy and render
the part or provisions so ilegal and unconstitutional , and
all the other parts. and provisions of this charter shall
in force and effect, so. far as may be , as though such ilegal
part or provision had not been contained herein.
SEC. 28. For the purpose of holding and condL!cting the
elections provided for by Section 6 or Article XI of. this
3 charter , this charter shall take effect from the time of the
approval of the same by the legiS'lature; and for all other pur
poses this charter shall take effect at 8 o clock p. m. on the
second Monday in April, 1907.
shall be submitted to the
and if one or both be
one or both, take the place
provisions embodied in the
said Alternative Prpposition No.1 shall , if approved
majority. vote, take. the place of Section 2 , Article
28 the proposed charter; and the.. said. Alternative Proposition
29 No.2 shall , if approved by majority vote , take the place of
30 Chapter III
, .
Article XI , of the proposed charter,31 Said .alternative propositions shall be submitted to the
vote-rs at the. same election which the charter . shall
d upon the ballots shall be printed f' Shall
Alternative Proposition No.providing for limiting to twenty,
be granted to retail liqupr
Shall
SEC. 29. This charter may be amended in accordance with
the provisions of the constitution of this state.
WHEREAs,The City of Alameda , a city containing a.popula
tion .of more than ten thousand/inhabitants , did on the 27th
day or January, 1906 ataspecialelectiGn held under and in
accordance with the provisions . of . Section 8 , Article. XI
the constitution of the State of Oalifornia , elect a board of
fifteen freeholders to prepare and propose a charter for said
city,
PROPOSITION No.
in place Sec. 2
72 73-
Shall the
shall hold offce during the unexpired term or his predecesor.
person sought to be removed may be a candidate to sue.ceed unless he request in writing, the
clerk shall his name on the offcial ballot without
10 nation. In any such removal election , the candidate receiving
11 the highest number of votes shall be declared elected. At such
12 election if some person other than the incumbent receive the
13 highest number of votes , the incumbent shall thereupon be
deemed removed from offce upon qualiftcation of his succes-
15 SOl'. In case the party who has received the highest number
16 of votes shall fail to within ten days arter receiving
17 notificaticm of, his election , the offce shall be deemed vacant
18 and shall be filed by appointment, as elsewhere provided;
19 provided that no one who has been recalled under the ,pr(j-
20 visions of this chapter shan be appointed to fil the vacancy.
21 If the incumbent has received the highest number of votes
22 he shall continue in offce.
SEC. 20. The holder of any appointive offce may bere-
moved by electors of the The initial procedure to
effect such removal shall be as is provided in Section 18 of
this
and to confine within the limits of time and place and other-wise the sellng and giving away of any spirituous
malted or or wines or an
Provided, that the council shall not have power to
more than 01 the licenses or
article to be in force at anyone time, The licenses
shall be numbered from 1 to and not more
one license any one humber
shall be valid at one
this
ALTERNATIVE PROPOSITION
Article XI
Chapler
SEC. 17. 'l'he term or each elective or
shall be limited to the behavior of holder
3 who shalL be subject to
and by general law.
charter
SEC. lR The removal by the electors oI the
elected offcer, may be effected as follows:
A petition or petitions electors entHled to vote
fur a successor of the incumbent sought to be removed
in number to at least per centum or the entire vote
cast for mayor , at the last clec-
7 tion , demanding an of a successor Of incumbent
shall be addressed to the council and filed with the city clerk.
Said petition shall contain a general statement of the grounds
10 ror which said removal is sought. The method of procedure
11 arter the fiiug of the shall be as provided in Sections
12 27 and 28 , Chapter III or II.
or any
SEC. 21. The council make or cause to be made due
or notice of, and shall make all arrangements rorthe election and the same shali be conducted
and the result thereof declared in all respects as are other city
SEC. 19 The council shall make or cause to be made due
publication of notice of, and shal l make all arrangements for
the holding of such election , and the same shall be conducted
and the result thereof declared in all tespects as are those ofother elections. The successor f any offcer so removed
SEC. 22. publication by the council , as pro-
vided in Section 19 of this article, the offce which is sought
3 by the petition to vacate, has been legally vacated , by resig.
4: nation or otherw, further proceedings under the petition
shall thereupon terminate, and the offce shall be filled by
appointment of a person other than the former incumbent
as elsewhere 'in this provided.
offce shall. not have been vacl:,ted
council , as provided in Section 22
vote shall be had as provided in
SEC. 23.
prio!' to
of this
In case such
74 -'
4: this article. The tickets to be voted at such referendum shal
be 'as follows: "For the removal or ," namng the
offcer the removal of w1iom is sought to be accomplished7 and' the removal of -the offcer
whose removal is sought to be accomplished.
The ballots shall be provided with squares at the hand
10 of each voting' proposition , in which th voter may make a
n cross , indicative or his vote.
SEC. 24 case result of the ballot shall show aity vote removal the incumbent shall continue to hold
3 offce , In case the result shall show .vote for re.
moval he upon the announcement as elsewhere
5 provided , cease to hold which shall thereupon by
council be declared to and the vacancy shall there
upon be filled as is elsewhere for the of the
said offce.
IN WITNESS WHEREOF we ha ';e
and sea). at the City of Alameda
26th day of April , 1906.4: Done in duplicate.
EDW'D K. TAYLOR
President.
GEO. A. MOORE
Vice-President.
BRAINARD C. BROWN
ISAAC N. OHAPMAN
P. W. BARTON
E. J. BEVAN
E. MASON
JULIUS MAGNIN '
J. D. JAMISON
J. O. LINDERMAN
WILLIAM H. NOY
. H. G. MEHRTENS
PAUL. K. BUOKLEY
H. M. KEBBY
HENRY MICHAELS
Board of Freeholders , City of ..lamedaATTEST:
BRAINARD C. BROWN,
hereunto set our hands
State of Caliornia , thi
( Seal)
( Seal)
(Seal)
( Seal )
( Seal)
(Seal)
(Seal)
( Seal)
(Seal)
( Seal)
(Seal)
State of Caliornia.
STATE OI!' CALIFORNIA , COUNTY OF ALAMEDAo iTY OF A:rAMEDA. \ SS.
, Wm, J Gorham, President the board of trustees of
the City of Alameda, State of Oalifornia , do
that the board of freeholders whose names appear signed to
the foregoing charLer were on the 27th day '
January, 1906 , at a municipal election held in said
of Alameda on said duly elected by the qualified
electors of said city, to prepare and propose a charter forsaid i that each of freeholders had been a
elector and freeholder in said for more than five years
10 previous to said election; that the foregoing is a true copy of
11 said charter and to me as president of
12 said board of trustees within after said election
13 as by Section of Article eleven of the con-
14 stitution of this state; that said' proposed charter was then
15 published in the Argus and in the Daily
1& Encinal which then were daily newspapers of general circu-
17 lation in said city, and that such publication was made for
18 more than twenty days , and that the first publication of said
19 proposed charter was made within twenty days after the
20 completion of said charter; that within not less than thirt
21 days after the publication' of said charter as required by
22 said Section eight , to wit: on the 18th day of July, 1906 , saH
23 charter was submitted at a special election duly called and
24 held therein for the purpose of ratifying or rejecting saill
25 proposed charter and alternative propositions
26 therewith; that a majority of the votes of the qualified
27 electors voting at said election said proposed charter was
28' ratified as a whole , excepting that Alternative Proposition
29 No.1 and Alternative Proposition No.2 therein contained
30 being each separately. voted on were each ratified by a
31 majority of such votes and w-ere therefore chosen and sub-
32 stituted respectively for Section 2 of Article X and for Chap-
33 tel' III of Article XI of said proposed charter; that the
34 returns of said election were duly canvassed by the board of
35 trustees of said City of Alameda on the 6th day of Augut
- 76-
36 1906 , and the result
37 that in all matters
38 charter the
39 and laws of the40 of the
declared as above set. forthanJ
pertaining. to said.proposedsaid ConstitutIon
pertaining to. the
complied with in
set
seal of said City of
hand and
to be
the
48 Attest: J.
51 tive
52 submitted
Constitution
Now, therefore, be it
Resolved by
60 tion