1917 Alameda City CharterSenate Concurrent Resolution No.
Adopted in Senate January 19 , 1917.
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Secretary of the Senate.
Adopted in Assembly January 22 , 1917.
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Ohief Olerk of the Assembly.
This resolution was received by the Governor , this_____---
day of ------------------, A. D. 1917, aL___-_clock___
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Private Secretary of the Governor.
CHAPTER
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Senate Ooncurrent Resolution No., approving the charter for
the city of Alameda , State of Oalifornia, ratified by the
qualified electors of sa.id city at a special municipal elec-
tion held therein on the ninth day of January, one thml-
sand nine. httndred seventeen,
WHEREAS , The city of Alameda , in the county of Alameda
State of California , now is and was at all times herein referred
, a city containing a population of more than three thousand
five hundred inhabitants , as ascertained by the last preceding
census taken under the authority of the congress of the United
States; and
WHEREAS, Said city of Alameda at all times mentioned
herein was , and now is , organized and existing under a free-
holders? charter adopted under the provisions 0 ction eight
of article eleven of the constitution of the State 0 'fornia
which charter was duly adopted and ratified by a rity of
qualified electors of said city On the 27th day of January,
1906 , and approved by the legislature of the State of Cali-
fornia On the 7th day of F bruary, 1907; and
WHEREAS, Proceeding'J have been had for the proposal.
adoption and ratification of a new charter for said Clty or
Alameda , as set out in the certificate of the mayor and city
clerk of the city of Alameda , to wit:
City of Alameda
County of Alameda ss.
State of California.
VITe , the undersigned , p, H. Bartlett , mayor of the city of
Alameda , State of California , and R. E. Bosshard , city clerk
of said city, do hereby certify and declare as follows:
That the city of Alameda , in the county of Alameda , State
of California , now is and at all times herein referred to , W3.'J
a city containing a population of more than three thousand
five hundred inhabitants , as ascertained by the last preceding
census taken under the authority of the congress of the United
States.
That said city of Alameda at all times mentioned herein
was and now is, organized and existing under a freeholders
charter adopted under the provisions of section eight , article
eleven of the constitution of the State of Caliornia, which
charter was duly adopted and ratified by a majority of the
qualified electors of said , city on the twenty-seventh day of
January, one thousand nine hundred six , and approved by the
legislature 01' the State of California on the seventh day of
Feoruary, one thousand nine hundred seven.
That pursuant to the provisions of section eight of article
eleven of the constitution of the State of California , the
council of the city of Alameda , said council being then and
there the legislative body of such city, did by a two-thirds
vote of all its members, pass an ordinance , callng a special
election to be held on Tuesday, the twenty-third day of May,
one thousand nine hundred sixteen , for choosing a board of
fifteen freeholders to frame , prepare and propose a new
charter for the city of Alameda; that at such election held
on said day, a board of fifteen freeholders, duly qualified, was
elected in and by said city, by the qualified electors thereof
which said board within one hundred eighty days after the
result of said election was declared , the period of one hundred
twenty days allowed by law to prepare and propose said
charter having been , with the consent of said council, duly
extended sixty days to and including the twenty-fifth day of
November , One thousand nine hundred sixteen , duly prepared
and proposed , and did on the twenty-sixth day of October
one thousand nine hundred sixteen , file in the offce of said
city clerk a new charter for the government of said city, and
upon said charter designated the ninth day of January, one
thousand nine hundred seventeen , as date upon which said
charter should be submitted to the electors of said city for
ratification; that said proposed charter and said designation
for the date for the submission therefor to the electors for rati-
fication were duly signed by a majority of the members of the
said board of freeholders; that thereupon said mayor and
council duly caused and gave notice of such special election
to be held on the ninth day of January, one thousand nine
hundred seventeen , and did , within fifteen days after the filing
of said charter , cause the same to be published Once on the
first day of November, one thousand nine hundred sixteen , in
The Evening Times-Star and Alameda Daily Arg-us , a news-
paper of gcneral circulation printed and published in said
city, and caused copies of said charter to be printed in con-
venient pamphlet form , and until the date fixed by the elec-
tion upon such charter , advertised in said named paper a
notice that such copies of said charter could be had at the
offce of the city clerk upon application therefor; that at the
said election , duly and regularly held On said ninth day of
January, one thousand nine hundred seventeen , a majority
of qualified voters , voting thereon , voted in favor of such pro-
posed charter , and the mayor and council of said city at a
meeting hela in e'manner required by law , duly canvassed
the returns of sa f election and duly found , determined and
declared that a rf,iL:.jority of said electors voting thereon had
voted for and ratified said charter; that said charter , after the
ame was prepare , proposed and ratified as herein set forth
IS as follows, to ,WIt:
CHARTER PREP AND PROPOSED FOR THE CITY OF ALAMEDABY TH OF FREEHOLDERS ELECTED MAY 23 1916IN PU NCE OF THE PROVISIONS OF SECTION EIG , AR
TICLE ELEVEN , OF TIlE CONST1TUTION OF THE STATE OF
CALIFORNIA.
ARTICLE I.
BOUNDARIES.
SEC I?N 1. The City of Alameda shall continue to bea mUIlcwal corporation by the name of City of Alameda. The
boundarIes hereof are hereby declared to be as follows:
Com encmg at a point where the center line of the Tidal
Oanal mtcrsects the western line of Park Street producednortherly; thence westerly along the center line of the 1'idalCanal and the north or Brooklyn Channel throuO'h Oakland
Harb?r and the center line of San Antonio E tuary t its mouthas saId Brooklyn Channel and pierhead lines of San Antoni
Estuary were established by the United States Harbor Line
Survey .of one thousand ine hundred ten; thence along the
?enter lI!Ie of . San AntoIlo Estuary produced westerly to itsmtersectlOn wIth the western boundary of Alameda County;
thence southeasterly along thc wcstern boundary line of Ala-
meda qounty to its intersection with the township line betweentownshIp two south , range four west and township three south
ra?-ge four 'yest; Mount Diablo meridian; thence easterly along
saId townshIp lIne to the section line dividing sections thirty-
one and .\rty-tw?, . township two south , range three west
ount Dlab.o merIdIan; thence northerly along said section
e to the northeast corner of lot onc , section nineteen town-
shIp two south , range three west , Mount Diablo
thence northerly tp the center of said 'ridal Oanal as e
by the United States Harbor Line Survey of one thousand nine
hundred ten; thence along the center line of the Tidal Canal to
the point of commencement.
SEC.Unless a majority of the electors of the city shallaffratlvel:r vote therefor at a general or special municipal
electIOn , nerthe! shall the b oundaries of the city be changed
nor shall the cIty be consolIdated with any other city or city
and county.
ARTICLE II.
LEGISLATIVE.
SEC. 1. . The legislative power of the City of Alameda shallbe vested m a body to be designated the council , and in the
electors.
SEC. 2. 'l'he Council. 'fhe council shall consist of five mem-
bers , who shall serve without compensation. Each councilman
shall hold offce for four y ars and until his successor is elected
and qualified , except that in case of the council first elected, the
three councilmen receiving the highest vote shall hold offce for
four years and the two receiving the next highest vote shall
hold offce for two years. At the time of the election each
nominee must have been an elector of the city for at least three
years next preceding his election , and must be of the age of at
least twenty-five years.
SEC. 3. Quorum. A majority of the members shall con-
stitute a quorum , but a less number may adjourn from time
to time , and may compel the attendance of absent memhers
in such manner and under such penalties as the council may
prescribe.
SEC. 4. Powers of the Council. Subject to the provisions
and restrictions in this charter contained, and the valid delega-
tion by this charter of any of the powers hereinafter included
to any person , offcer , board or committee , which delegation of
power , if any, shall control , the council shall have power in the
name of the city to do and perform all acts and things appro-
priate to a municipal corporation and the general welfare of
its inhabitants and which are not specifically forbidden by the
constitution of the state or which now or hereafter it would be
competent for this charter specifically to enumerate; and no
enumeration or specific statement herein of any particular
powers shall be held to be exclusive or a limitation of the fore-
going general grant of power. The council shall have the
power to delegate any of the powers conferred on or vested
in it.
SEC. 5. The council shall:
One. Judge of the qualifications of its members and of all
election returns;
'l'wo. Establish rules for its proceedings;
Three. Keep a correct journal of its proceedings. The
ayes and noes shall , on demand of any member , be taken and
entered therein;Four. Choose one of its members president and another vice.
president , each of whom shall serve for two years , and without
compensation. The president shall be ex-offcio mayor;
Five. Appropriate annually, and the council must so ap-
propriate , to the mayor , for his own use , the sum of six hundred
dollars , for which he need furnish no vouchers;
Six. Appoint a city clerk;
Seven. Fix the compensation of all offcers and employees
not otherwise provided for.
SEC. 6. Council Meetings. The council shall meet at
eight o clock p. m. on the third Tuesday in April next succeed.
ing the general municipal election , and shall hold regular
. e in each month and at such other times as
by ordinance. They shall not convene at any
ir regular place of meeting, Their meet-be al meetings may be called by the
or by three cou en , by serving the members per-
sonally :with written notices , or leaving the same at places
designated by the respective members at least three hours
before the time of the proposed meeting.
SEC. 7. The Mayor, The mayor shall be recognized by
the courts as the offcial head of the city for the purpose of
serving civil process , by the governor for the purpose of
military law , and shall represent the city for all ceremonial
purposes. He may take command of the police and govern the
city by proclamation during times of public danger or emer-
gency, and he shall himself be the judge of what constitutes
such, public danger or emergency,
SEC. 8. Absence of the Mayor, If the mayor
temporarily absent or unable to perform his offcial duties , the
vice-president shall during such time act as mayor pro tempore
and perform such duties. In the absence of both president
and vice-president the other members of the council shall
elect one of their number to perform the duties of president
and mayor,
SEC, 9. City Clerk. The duties of the city clerk shall be
such as are prescribed by the council and provided by law.
He shall hold offce until removed by a four-fifths vote of the
whole council.
SEC. 10. Legislative Acts, The enacting clause of every
ordinance passed by the council shall be in these words: "
it ordained by the council of the City of Alameda.The
enacting clause of every ordinance passed by the people shall
be as follows: "Be it ordained by the people of the City
of Alameda." No ordinance shall be so amended as not to
be germane to its original purpose. No ordinance shall be
passed by the council on the day of its introduction or within
five days thereafter , or at any time other than at a regular
meeting or an adjourned regular meeting, Every ordinance
shall be signed by the offcer presiding at the time of its
adoption , attested by the clerk and published at least once in a
newspaper published in the City of Alameda , or advertised as
hereinafter provided.
SEC. 11. Ordinances. All ordinances and resolutions shall
be deposited with the city clerk , who shall record them in a
suitable book. All ordinances shall be published Once in the
city offcial newspaper within three day er the same shall
have become a law.. The publication of ordinances grant-
ing. any franchise or privilege shall be at the expense of the
applicant therefor,
SEC. 12. It shall not be necessary in any action to plead
or prove the organization or existence of the corporation , city
of Alameda , or the passage , existence or validity of any ordi-
nance thereof; and courts shall take judicial cognizance thereof
without proof.
SEC. 13. Any measure that the council or the electorate of
the city, as herein provided , has authority to adopt , the council
may, of its own motion , submit to a vote of the electors at a
general or special election.
SEC. 14. 'rime of ':l'aking Effect of Ordinances. Except as
herein provided no penal ordinance or measure passed by the
council , granting any franchise or privilege , and no ordinance
or measure making or authorizing any contract (except con-
tracts for improvements the expenses whereof are t6 be
defrayed by local assessment and contracts where the subject
matter involved is of less value than one thousand dollars) shall
go into ffect in less than thirty days after its final pa sage.
But ordmances and contracts declared by the council to be
necessary as emergency measures for the immediate preserva-
tion of the public peace , health or safety, passed by a four-
fiths vote of the whole council , and not obligating the city
for a longer period than one year , may go into effect at the
wil of the council , or as otherwise provided by law,
SEC. 15. Ayes and Noes. Except as hereinafter provided
no bil shall become an ordinance , and no resolution shall
adopted unless finally passed by a majority vote of all the
members of the council , the yote taken by ayes and noes , and
the names of the members voting for and against the same
entered in the journal. No resolution or order for the pay-
ment of money shall be passed at any other than a regular
meeting or an adjourned regular meeting.
SEC, 16. No ordinance shall be revised , reenacted 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 ordinance
revised , re-enacted or amended contrary to the provisions of this
section shall be void.
SEC. 17. General City Work. In the erection , improvement
and repair of all public buildings and works in all street
and sewer work , and in all work in or about bays or water-
fronts , or in or about embankments or other works for
protec tion against overflow , and in furnishing any supplies or
materials for the same , when the expenditure required for the
same shall exceed the sum of one thousand dollars , the same
shall be done by contract , and shall be let to the lowest
responsible bidder, after notice by publication in the offcial
newspaper;
Provided that the council may reject any and all bids pre-
sented and may re-advertise , in their discretion , and
Provided f111.ther that after rejecting bids the council may
declare and determine by a four-fifths vote of all its members
that in its opinion the work in question may be performed
more economically by day labor , or the materials or supplies
purchased at a lower price in the open market , and after the
adoption of a resolution to this effect , they may proceed to
have the same done in the manner stated without further
observance of the foregoing provisions of this section; and
Provided further that in case of a great public calamity,
such as an extraordinary fire , flood , storm , epidemic or other
disaster , the council may, by resolution passed by a vote of
four-fifths of all its members , declare and determine that public
interest and necessity demand the immediate expenditure of
public money to safeguard life , health or property, and there-
upon they may proceed to expend or enter into a contract
involving the expenditure of any sum required in such emer-
gency. Advertisements for bids need not specifically state the
work contemplated , but may refer to specifications on file in
the offce of the city clerk.
SEC. 18. Printing and Advertising. The council shall
annually call for bids for printing and advertising. The con-
tracts for printing may be awarded separately on the various
items , and contracts for each shall be awarded to the lowest
responsible bidder;
P1'ovided that the council may reject all bids foe printing
if in their opinion the bid of the lowest responsible bidder is
exorbitant , and may again call for bids , subject to the reserva-
tion hereinafter mentioned. If the council shall determine that
the bids secondly received are exorbitant , they may neverthe-
less let the contract to the lowest bidder for such portion of
the printing as the board may determine , reserving the option
to obtain other printing from such bidder at the schedule rates;
and as to any printing not specifically mentioned in the con-
tract , the board may from time to time secure the same to be
done by any party who may agree to do the same at a lower
rate than that scheduled in the bid for doing the city printing.
In lieu of newspaper advertising the council may issue and
publish a bulletin containing such matter as they arc required
by law to publish , sending the same by mail to the registered
voters of the city, to their addresses as the same shall appear
on the great register of Alameda County, and shall also post
printed copies of such advertisement in three public places in
the City of Alameda , at least five days before action is taken
in response to said publication. Such mailng and posting shall
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be conclusively deemed to be of the same effect as if the adver-
tisement had been fully published in the offcial newspaper
of the city :rhe council shall annually designate as the offcial
paper , a newspaper of general circulation published in thiscity, which shall have been established at least one year.
no event shall the rate for offcial advertising exceed the usual
rate charged by the paper for publishing legal notices.
SEC. 19. No councilman shall be eligible to appointmenton any board or commission provided for in this charter exceptas designated in the charter.
SEC: 20. Vacancies in the Council Any vacancy occurringin the council shall be filled by majority vote of the remaining
councilmen. In case of failure of the council to appoint within
thirty days , a board consisting of the police judge, the auditorand the tax collector shall , by majority vote, make the appoint-
ment.
SEC. 21. Committees of Council. The council shall appoint.
such standing and other committees as they deem necessary.
SEC, 22. The council shall not bell or convey any portionof any waterfront. No lease or sale of real estate shall be
authorized by the council except by ordinance passed bv the
affrmative vote of four-fifths of all the members. and no lease
shall b made for a period longer than twentY-fiv years except
by ordmance adopted by the people. No ordinance for the
lease' or sale of real estate or for the lease of water front rights
by the council shall take effect within sixty days from the date
of pas.,:;ge.
SEC. 23. Whenever an applicant for a franchise or otherperson shall pay in adv.mce to the ,city the expenses of a special
election , the council may, in its discretion call such election at
which the proposed ordinance shall be ubmitted to vote ' of
the electors.
SEC. 24. Expert Accountant. rrhe council shall appointand fix the' compensation of a certified public accountant who
shall semi-annually investigate the transactions and accounts
of all offcers having the collection , custody or disbursement
of 1?ublic money, or having the power to approve , allow oraudIt demands on the treasury; and who shall have free accessto all records , books and papers in all departments of the city.he shall have power to administer oaths and affirmations t
examine witnesses and compel their attendance by subp na.He may at any time visit any of the public offces and makeexaminations and investigations therein without hindrance.
must examine the offcial bonds of all city offcers and investi-gate the suffciency and solvency of the sureties thereon. He
shall keep a record of his proceedings , with the names of thewitnesses examined and a substantial statement of the evi-
dence taken. At the close of his investigation he shall file with
the council a written report containing his recommendations.
during his examination it shall appear that a public offense
committed , or that an offcial is in default , or that
on any bond are insuffcient , he shall immediately
e couneil which shall take such proceedings as
are authorized by la , and may suspend the offcial pending
such proceedings. Any police offcer shall execute the processesissued by him. 25. Offcial Bonds. The council shall by ordmance
ine what offcers shall give bonds for the faithful per-
formance of their duties , and shall fix the amounts of such
bonds' and each of such offcers shall , before entering upon the
duties ' of his offce , execute a bon,d to the city in the penal sum
provided by the ordina , i r:cluding in t e same bond . tl
duties of all offces of whlCh he IS made by thIS charter ex-offcIO
incumbent. Such bonds shall be approved by the council. All
'bonds when approved shall be filed 'with the city clerk , except
the city clerk's bond , if any, vvhich shall b filed with
auditor. All the provisions of any law of thIS state relatmg
to the offcial bonds of offcers as then existing shall apply to
such bonds except as herein otherwise provided. Every offcer
of the city, before entering upon the duties ?f is offce , shall
take aud file with the city clerk the constItutlOnal oath of
offce.
SEC. 26. Initiative and Referendum. T.Jegislation may
erlacted bv the electors of Alameda under the general laws of
the state l)roviding for the initiative and ref ren
SEC. 27. Prison Relief J;'und. The COUDCII may II ItS dIS-
cretion set aside a sum each year to be known as the Prison
Relief Fund. Out of this fund , in the discretion of the cit;r
manager , city justice and chief ?f police , acting as , a com-
mission may be disbursed to a prIsoner or to the famIly of a
prisone , such sum as the commission may deem a . fair wage for
services and work actually performed by the pnsoner for the
city. Nothing berein contaiued shall be construed to co:rpel
the commission or the city to pay for any work or serVlCes
rendered by any prisoner.
ARTICLE III.
JUDICIAL AND LEGAL.
Chapter I-Police Court.
SEC. 1. The judicial power of the ci shall be vested
in a police court to be held by the police ge of the ci
Said police court shall have jurisdiction con urrent!y: wIth
the justices ' courts , of all actions and pr?ceedmgs , c v1l and
criminal , arising within the corporate lImIts of the Clty, and
which might be tried in such justice s court; and shall have
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exclusive jurisdiction of all actions for the recovery of any
fine , penalty or forfeiture prescribed for the breach of any
ord Ilances . of he city, of all actions founded upon any obll.
gat on or habIhtJ: cre ated by any ordinance, and of all prose-
C?tlOns for any vI?latlOn of any ordinance. The rules of prac-tlce and mode of proceeding in said police court shall be the
as are or may be prescribed by law for justices ' courtsII lIke cases; and appeals may be taken to the superior
court o ameda County, from all judgments of said policecourt, II lIke manner and with like effect as in cases
appeals from justices ' courts.
SEC. 2. The police judge shall be j lldge of the police court
nd shall have the powers and perform the duties of a mag-Istrate. He may administer and certify oaths and affrma-tions, and may take and certify acknowledgments. He shall
receive for his services a salary to be fixed by the council.
EC. 3.. In a ases in which the police judge is a party,
or II WhICh he IS Ilterested, or when he is related to either
par y by co:rsang iIlity . or affni y within the third degree
or IS otherwIse dIsqualIfied , or II case of sickness or ina-
bilty to act , the police judge may call upon any justice of
the peace residing in the county to act in his stead.
SEC. 4. The police judge must be an attorney-at-law duly
admitted to practice by the supreme court of the stat . He
shall be elected in the same manner and at the same time as the
councilmen , and shall hold offce for four years,
SEC. 5. 'l'he foregoing provisions of this article shall nottake effect until the provisions of the general laws of the state
applicable to city justices of the peace .shall be repealed. In
the event of such repeal the council shall by ordinance estab-
lish a police court.
Chapter II-City Attorney.
EC, 6. There sh ll be a city attorney who shall be ap-
pOllted by the counCIl , and who shall be an elector of the city
at the time of his appointment , and shall be an attorney and
counselor-at-law duly admitted to practice by the supreme
court of the state. He shall have actually been engaged in the
practice of his profession for a period of at least four yearsnext uefore his appointment. He shall hold offce until
removed by a four-fifths vote of the whole council.
SEC, 7. It shall be his duty to prosecute on behalf of the
people all criminal cases before the police court and justices
of the peace , for all violations of this charter and of 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. He shall be
13
in attendance at every meeting of the council unless excused
therefrom; and shall give his advice or opinion in writing
whenever required by the council , board of education or othercity offce He shall be the legal a ' r of all ci ffcers;he sh rove the forms of all s given nd allcontI' ade with the city; he when required by
the councilor any member thereof t all proposed ordi-
nances for the city, and amendments thereto; and shall and perform ching his offce as the councilorthe presiding ereof may require of him , and at the
expiration O. llS shall sllrrender to his successor all
books , papers and documents pertaining to the city s busi-
ness. He shall receive a salary to be fixed by the council.
ARTICLE IV.
FINANCE,
Chapter I-Auditor and Assessor.
SEC. 1. Auditor. An auditor shall be ejected at the general
municipal election. He shall hold oflce fo(' four years , and
until his successor is elected and qualified. He shall be ex-offcio
assessor. His compensation for acting in both capacities shall
be $2400 per annum. He may appoint One or more deputies,
for whose acts he his bondsmen shall be responsible.
SEC, 2. The au tor shall . be the general accountant of the
city. He 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 , revenues and other finan-cial affairs.
SEC. 3, He shall keep an account of all moneys paid into
and out of the treasury, and the treasurer shall pay no money
except on demand approved by the auditor, He must always
know the exact condition of the treasury,
SEC. 4. He shall approve no demand unless the same has
been allowed by the council , board of other authority directed
by the charter to act thereon.
SEC. 5, Every demand approved by him shall specify 011
its face the several items composing it , the amounts and the
dates thereof , and shall be numbered and acted upon in the
order of presentation.
SEC. 6. Every demand upon the treasurer ore it can be
paid , must be presented to the auditor , who s satisfy him-
self whether the money is legally due , that its payment is
authorized by law, and out of what fund payable. If he allow
it he shall endorse thereon the word" allowed " the name of
the fund out of which it is payable , and the date and consecu-
tive number of its allowance , and shall sign his name thereto.
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SEC. 7. Except as otherwise provided in this charter nOmoney shall be drawn from the treasury unless in consequence
of appropriations made by the council and upon demands duly
drawn by the auditor. No warrant shall be drawn except
upon an unexhausted fund,
SEC. 8, Assessor. .As assessor the auditor shall perform all
duties prescribed by this charter, by ordinance and by general
law, for assessing property for the purpose of taxation,
SEe;. 9. The assessment of property within the city shall be
made for each year by the assessor; and he shall employ such
clerical assistance as may be required to properly prepare such
assessment.
Ohapter II-Treasurer and Tax Collector.
SEC. 10. 'l'reasurer. A treasurer shall be elected at the
general municipal election. He shall hold offce for four years
and until his successor is elected and qualified: He shall be
ex-offcio tax collector. His compensation for acting in both
capacities shall be $2400 per annum. He may appoint one or
more deputies , for whose acts he and his bondsmen shall be
responsi ble.
SEC. 11. As treasurer he shan receive and payout all
moneys belonging to the city, and shall keep an account of all
receipts and disbursements.
SEC. 12. He shall payout moneJl belonging to the city only
upon legal demands allowed and audited in the manner pro-
vided bv this charter or authorized by law.
SEC. "13. Tax Collector. As tax collector he shall perform
such duties as are prescribed by this charter, by ordinance , and
by general law.
SEC. 14. Bank may be Treasurer, When not in conflict
with the constitution of this state, it shall l1 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
abolishing the provision in this chapter for the election of a
treasurer: and for the salary thereof, and substituting in lieu
thereof a provision for the appointment of a bank or banks to
act as depositary or depositaries of the funds of the city.
Such ordinance must provide due safeguards for the proper
keeping and disbursement of the funds of the city. It may also
name the salary of the offcial who shall thereafter be elected tax
collector; and shall provide that such tax collector shall make
daily deposit in the proper depositary of all sums collected by
him as tax collector. Such ordinance may be drawn to cover
supersede and repeal all the provisions of this chapter. It
shall not take effect unti the close of the term for which the
treasurer then in offce has been elected.
15
Chapter III-Levying of Taxes,
SEC. 15. Department Estimates. On or before the second
Monday of May in each year the several boards and heads of
departments shall send to the city manager detailed estimates
of the amount of expenditure required in each department for
the fiscal year next ensuing, including a statement of the sal-
aries of all subordinates.
SEC. 16. City Thi(anager to Estimate Expenses. On or
before the first Monday in July in each year the city manager
shall transmit to the council an estimate of the expenses of the
citJl government for the ensuing fiscal year , stating the amount
required to meet the interest and sinking fund for all out-
standing funded debts and the wants of all the departments of
the municipal government in detail, showing specifically the
amount necessary to be apportioned to each fund i!, the treas-
ury; also an estimate of the i,ncome from fines , lIcenses and
other .sources or revenue
, .
exclusIve of taxes upon proper y; also
the probable amount required to be levied and raIsed by
ta::ation.
SEC. 17. The council shall provide by ordinance. a system
for the levy and collection of all city taxes , which system shall
conform ' as nearly as circumstances may permit , to the pro-
visions of the laws of thIS state.
SEC 18. Dollar Limit. The amount of the tax levy shall
be suffcient to provide for the payment during the fiscal year,
of all demands upon the treasury authorized to be paid out of
the same; but such levJl, exclusive of the tax to pay the interest
on and maintain the sinking funds of bonded mdebtedness of
the city and exclusive of the tax to pay for s et and sower
work a dd to pay for the maintenance and improvement of the
parks , squares and public grounds of the city, shall ot exceed
the rate of one dollar on each hundred dollars valuatlOIl of the
property assessed. The council in making the levy shall appor-
tion the taxes to the several funds.
SEC. 19. Emergency Reservation, The limitation in the
section last preceding shall not apply in c . any great
necessity or emergency. In . such case the lImItatIO ay be
temporarily suspended. No ncrease o,,er the dollar ImIt shall
be made in the rate of taxatIOn authorIzed to be levIed many
fiscal veal' unless such increase be authorized by ordinance
adopt d b; vote of the people or passed by a four-?fths vote of
the whole council. The character of such nec or emer-
gency shall be recite in the ordinan e auth?rizi ch a tio,n.
Nothing' in this sectIOn shall authorIze the mcu g of habIl-
ities n t allowed by law or which cannot be paid ont of the
income and reven l1e provided , collected and paid into the
proper fund as its proportion of the same for . such fiscal year.
or permit liabilities or indebtedness incurred 1I any ODe fical
16
year to be a charge p.pon or paid out of the income or revenue
of any ather fiscal year.
SEC. 20. All sales of delinquent taxes shall be made to the
, City of Alameda.
SEC. 21. If the cauncil fail to' fi the tax rate within the
time prescribed , then the previous year s rate and valuationshall be arbitrarily used and adapted.
SEC. 22, No contract made , the expense of the execution ofwhich is nat provided by law or or din to be paid by
assessments upon the property to be ben shall be binding
or of any force unless the auditaI' shall endorse there an his cer-
tificate that there remains unexpended and unapplied as herein
provided, a balance of the appropriation or fund applicable
thereto , suffcient to pay the estimated expenses of executing
such contract as certified by the board or offcer making the
same. This provision shall not apply to work done or supplies
furnished, involving the expenditure 0'1' less than two hundred
and fifty dallal's. The auditor shall make such endarsement
upon every such contract So' presented to him if there remain
unapplied and unexpended such amaunt so specified by the
affcer making the cantract, and thereafter he shall hold and
retain such sum to' pay the expenses incurred until the contract
shall be fully performed.
SEC. 23. The cauncil shall authorize the disbursement of
all public moneys except as otherwise pravided in this charter
0'1' by state law.
SEC. 24. Surplus Returned to' General Fund. At the clase
af each fiscal year , if all demands against each fund have been
paid 0'1' satisfied , and all disputed or contested demands fuJly
determined, the council shall dil'eet the treasurer to' transfer
all surplus moneys to the general fund , except sucll surplus
maneys as may be in the several interest and sinking funds
and in such other funds the disposition af whose surplus
moneys is atherwise provided for.
SEC. 25. All maneys derived from the sale of bonds , includ-
ing premiums , and interest accruing by reasan of the depositing
thereof , shall be appJied only to' the purpase .Lar which the
bonds were voted. Any maneys remaining after the 'work for
which the bands were voted has been completed and paid far
shall be applied to' the payment of interest on 0'1' to the retiring
af such bands.
SEC. 26. Board of Equalization. The council shall meet
at thc usual place of holding meetings , on the first Tuesday of
September af each year , at ten a 'clock in the farenoon of said
day, and sit as a baard of equalization. It shall have power to
hear camplaints , and to carrect , madify or strike out any assess-ment made by the assessar and may of its own motian , raise any
assessment , upon natice to the party whose assessment is to be
17
raised. Such corrected list shall canstitute the assessment rollfor the fiscal year. It shall be certified by the city clerk whO'shall act as clerk of the board of equalization.
EC. 27. Any dema:rd against the treasury remaining Un-t the end of the fis al year far lack of money applicable
payment ay be paId out of any money which may sub-ntly come Ilta the proper fund fram delinquent taxes 0'1'uncollected income or revenue for such year. Suchdemands shall be paid out of such delinquent revenue when
collected.
SEC., 28. All m?neys received fram taxes , licenses , fees , finespenaltIs and farfeltures , and all moneys which may be collectedor receIved by any offcer of the city in his offcial capacity or
fron; any department of the city, for the performance of nj'offcIal duty, all maneys accruing to the city from anyrce, and neys directed by law or by this charter to be
d or deposIted II the treasury, shall be paid into the treasury
dally.
. SEC, 29. On the first day of each month every offcer author-
Ized by law to' ch rge any fee, commission , percentage , allow-ance or compensatIOn , must make a written repart to the auditorof all moneys received by him during the preceding month.
SEC. 30. An demands for salaries fixed by law , ordinance orthIS charter , and made payable out of the treasury may be al-
lowed by the auditor without previous approval by ' the council.
ARTICLE V.
EDUCATION.
Chapter I-School Depar ent.
SECTION 1. Board of Education, The control of the schooldeprtment shall be vested in a board of education . h shallconSIst of five members , who shan receive no compen . The
n;ember of the board of education who shall be in 0 e at thetIme thIs charter shall take effect shall remain in offce until
the expiration o their respective terms. Thereupon and there-?,ftcr the vacanCIes acculTmg by expiration of the terms of theIlcubents shall be filled by appointment by the mayor; eachppaIltee to hold offce far five years , and until his successorIS appo nte and qualified. Any occurring prior tothe expIratIOn of a term shall be paintment by themayor, the appointee to serve 1'0
SEC.. Organiz tion. The b annuallyby clectmg one of ItS number presi w ose term of offceshall be one year " and until his successor is elected and qualified.
SEC. 3. etmgs. The baard shall hold regular meetingsat least once II each month , and at such ather times as it may
CR
determine. Special meeting's be called !3t any t me by the
president. and the president !; call a specIal meetIng at apy
time whe requeste!i' writing' so to do , by ny two members..
Absence by ap. ,I' from four consecutlVe regular meet-
inO's un ess such bel' be excused by tbe boa;rd by resol.u-
' entered upon ItS minutes , shall work orfeiture of offce.
SEC. 4. Power!; of the Board. addltlOn to the powers
and duties prescribed by the generiJ s of the st;:tte , the bO ardshall have power:
One. To establish and maintai public s?hools. mclu . ;n
kindergarten , primary, grammar , hIgh, tec hIlca , and evenm
schools , and to change , consolidate and dIs ontlnue the same
as the welfare of the department may reqmre;
.'
Provided that no teacher shall be elected to a posltlon many
of the public schools of he city un ess e or she be a properly
accredited. graduate of eIt er a Cahforma stat e norma school
the University .of (Jaliforma , the J;eland Stanford JUIlor UIl-
versity, or of an institution of qual ran , or wha has had at
least two years successful teaclllug experIcnce;
'1'WO. '1'0 manage !1nd contro the schoal property;
Three. To employ, pay, promote , transfer and dlsml
teachers and other employees; to fix, alter and appro",c theIr
salaries and compens ation , anfl to make rules governmg thesame;
Four. To provide the depa nt WJth al necessary sup-
plies , and to incur such ather JIcldental expenses as may be
necessary for the welfare .of the department;
Five. '1'0 construct , repair , alter , rent. and provJde school
houses; ta supply them with proper furmture , apparatus
appliances , and to insure any anq all school property agamst
loss by the elements; . Six. To recammend and arrange for the purchase. sale , lease
and exchang-e of schaol lots and other schaol propcrty; to t
charge .of any and all real estate and per onal property whIch
may have been or may hereafter be .acqmred far the use and
benefit of the public schaals of the CIty. Th0 proceeds of any
sale and the income from any school praperty shall be used farschool purpases;
Seven. Ta sue and to prasecute and defend, !1ctJans at law
or in equity in tIle name of the baard of Cduc!1tlOn , and to e
ploy counsel th!Orefor in case the district attorney .or the mty
attarney be disqualined .or unable to act.
SEC. '5. 8('hoal Sunerintendent. The baard of edncatlOn
shall appoint a superintendent of schools , who shall hold .offce
far four year!! unless sooner removed by a vate .of four .mem-
bers. He shall be ' the executiv!O offcer of the board JI all
matters relating to instruction , discipline . and condud of the
schools. He shall receive such compensatJOn as may be fixed
19
by board. He shall be ex-affcio the secretaI' of the boardan act ookkeeper fa board, t extra com-
pensa 1011. all attend all li of t oard, and shall
make such repor :S as th rd require , .or as he may deeDl
to be for the int re!;t of epar ment.
SEC. 6. The board s a appoint an assistant secretary,
whose cOillpepsation shall be fixed by the board.
SEC. 7. '1'he board ucation shall .organize and act as ,school boa ded by law.c. 8. The b determine ann tbe amount of
y necessary to support and maintain t blic schools .ofthe city and to carry into effect all provisions oj' law regarding
the same , and shall , on or before the seco nday i y ofeach year , submit in writing to the coun estima e the
maney to be received from the state and c and an itemized
estimate of proposed expenditure/; for the next fiscal year , with
a request for such additional mopey as they may need inexcess of t to be received from the state ancl county.Such ad ey, when collected , shall immediately be
paid into school fund of the city, which fund shall bedrawn upon only by warrants for claims duly allowed by the
d against th(J school department. The warrants must be
ed by the president and secretary of the board and by the
au Itor.
Chapter II-Free Library.
S:Jo. 9. Free Library rrrustees. The Alameda Free Library
shall be under the control of a board of five trustees who shall
receive no compensation. The members of the board who shall
be in .offce at the time this charter shall take effect shall remainin offce until the expiratian of their respective terms. There-upon and thereafter the vacancies occurring by expiration of
t.Ie terms of the incumbents shall be filled by appointment by
the mayor , each appointee to hold offce for five years , and
until his successar is apPQint d and qualified. Any vacancy
occurring prior to the expiration of a term shall be filled by
appointment by the mayor , the appointee to serve for the 1wex-
pired term.
SEC. 10. The board of library trustees shall meet at least
once a month at iUch time and place as may fix by resolu-
tion. Special meetings may be called a time by the presi-dent or by two trustees. A maj board shaH con-stitute a quorum. 'Jhe board sh its number
president , who shan serve for on il his SUCCessor
is elected , and in his absence the oa select a president
pro tem. The board shall cause a proper record of its proceed-
ings to be '\ept.
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SEC. 11. The board of library trustees shall have power:
One. To make and enforce rules , regulations and by-Jaws
necessary for the administration , government and protection of
the library, and all property belonging thereto. All nes C1)I-
lected shall be deposited with the treasurer to the credIt of the
library fund;
Two. To administer any trust declared or created for th6
library, and to receive by gift , devise or bequest and hold in
trust or otherwise , property situated in this state or elsewhere
and when not otherwise provided , dispose of the same for the
benefit of the library;
Three. To prescribe the duties and powers of the librarian
secretary and other offcers and employees of the board , to deter-
mine the number of and appoint all such offcers and employees,
and to fix their compensation;
Four. To purchase necessary books , journals , publications
and other personal property;
Five. To request the secretary of state and other state off-
cials to furnish the library with copies of any and all reports.
laws and other publications of the state not otherwise disposed
of by law;
Six. To borrow books from , lend books to , and exchange
the same with , other libraries and to allow non-residents to bor-
row books upon such conditions as the board may prescribe.
SEC. 12. The board shall , on or before the last day of July
in each year , make a report to the city council , giving the con-
dition of the library on the thirtieth day of June preceding,
together with a statement of its proceedings for the year then
. ended , and forward a copy thereof to the state library
Sacramento.
SEC. 13. Library Fund, The board shall determine annu-
ally the amount of money necessary for the maintenance of the
library. They shall , on or before the second Monday in May,
each year , submit to the council an itemized estimate of the
amount so determined, If this mounts to seven cents , or less,
on each one hundred dollars of assessed valuation , it shall be
aaded to the amounts otherwise provided by them to be levied
&nd oollected for city purposes. Any amount in excess of seven
cents per hundred dollars valuation shall be at the discretioll
at the council. When collected , the proceeds shall immediately
be paid into a fund to be designated the " Library Fund
which fund is hereby created and shall be drawn upOn only
on order of the board of library trustees , as herein provided.
SEC. 14. All money acquired by gift , devise , bequest, or
otherwise , for the purpose of the library, shall be credited tothe lihrary fund , and shall be applied to the purpose therein
authorized. If such payment into the treasury should be incon-
sistent with the conditions or terms of any such gift , devise , or
- 21-
bequest, the board shall provide for the safety and preservation
of the same , and the application thereof to the use of the
library, in accordance with the terms and conditions of suchgift, devise , or bequest.
SEC. 15, All claims against the library fund , which shallhave been allowed by thc library trustees and signed by fbepresident and secretary thereof and by the auditor , shall bepaid by the treasurer from said fund.
SEC, 16. The use of the library shall be subject to such
regulations as may be made by the board , for violation ofwhich any person may be fined , suspended or excluded from
the privileges of the library,
SEC. 17. When not inconsistent with the terms of itsacquisition, and when not otherwise designated , the title ofproperty acquired for the purpose of the library shall vest in
the city of Alameda , and may be sued for and defended by
action at law or otherwise , in the name of the city of Alameda.The library board shall have full charge , management andcontrol of such property,
ARTICLE VI.
DEPARTMENT OF ADMINISTRATION,
SEC. 1. The department or administration when hereafterreferred to , shall be held to include the department of safety;
the department of health and the department of recreation;also , subject to the city ordinances and general law , thecontrol of all street and sewer work , the erection and repair of
buildings (except such as may be under the control of the board
of education , the library board or the board of public utiities) ;the control of all wharves, docks , quays and waterfront prop-
erty belonging to or under the control of the city, and the
development thereof. It shall embrace all other executive andadministrative functions of the city government not otherwiseprovided for,
ARTICLE VII.
CITY MANAGER.
SEC, 1. The council shall appoint a city manager. He need
not be a resident of the State or California at the time of
his appointment. His salary shall be by the council , butshall not be less than three thousand llars per annum. He
shall hold offce until removed by a four-fifths vote of thewhole council.
SEC. 2. His powers and duties shall be:
One. To see that all ordinances of the city are enforced;
Two. To appoint , except as otherwise provided in thischarter, all heads of departments , subordinate offcials and
- 22-
employees in the department of administration, and to remove
the same;
Three. To exercise general supervision and discretion over
all persons , firms , companies and corporations owning, controll-
ing or operating public utilties within the city limits , in so far
as any of them are subject to municipal control. This pro-
vision is subject to other charter provisions relative to such
public utilities as now are or may hereafter be owned by the
city;
1"0111'. To keep the council fully informed as to compliance
with the law in the operation of public utilities within the city
limits; to see that the provisions of franchises , permits and
privileges granted by the city are fully observed , and to report
to the council any violation thereof;
ive. Board of Social Service. To appoint a board of
social service , which shall , under him , have charge of all mat-
rs pertaining to the care and relief of the needy, the estab-
lIshment of employment bureaus , day nurseries and the like.
Said board shall , under the city manager , have charge of the
expenditure of the relief fund provided by the council. It may
receive and disburse gifts from private individuals and from
institutions. Its members shall serve without compensation'
Six. To act as purchasing agent for all departments ' of
the city except those of education and public utilities; and in
those departments he shall assist in making purchases when
requested to do so by the respective boards in control thereof;
Seven. To attend all meetings of the council unless excused
therefrom by the councilor by the mayor;
Eight. To examine or cause to be examined , )Vithout notice
the conduct of any offcer or employee in the department of
administration;
Nine. To kcep the council advised as to the needs of
the city;
Ten. To appoint a secretary, whose compensation shall be
fixed by the council;
Eleven, To prepare or cause to be prepared , plans , speci-
fications , etc" for work which the council may order , coming
under his supervision;
Twelve. To have control , subject to such ordinances as
may from time to time be adopted , of all public utilties owned
and operated by the eity and not by this charter assigned to
other control;
Thirteen. To devote his entire time to the interests of the
city;
Fourteen. He may appoint advisory boards of such number
of members as he may deem best , to confer with him and assist
him in his management.
SEC. 3 . The city manager shall not be subject to the control
or influence of the councilor of any member thereof, in the
appointment or !Jny subordinate , or in the making or purchases.
SEC. 4. Tn the absence or disability of the city manager the
council shall fill the vacancy by temporary appointment.
SEC, 5, City Engineer. The city manager shall appoint acity e eel'. He must be a civil engineer, who has practised
his pI' ion not less than five years. He shall devote his
whole time to the work of the city, under the direction of the
city manager. He IDay be directed by the city manager to work
for private parties inside the city limits. Bils therefor shall
be rendered by the city mam1.I!CI', and the fees collected shall
be paid into the city treasury, accompanied by a statement of
the services rendered. The city engineer shaU do no private
work outside the city. The city manager may appoint a street
superintendent , and may combine in onc appointment the
offces of street superintendent and city engineer.
SEC. 6. The city engineer shall possess the same power in
making surveys , plats and certificates as is given by law
city engineers and to county surveyors. He shall be the
custodian of and shall be responsible for all maps , plans
profiles , field notes and other records and memoranda onging
to the city and pertaining to his offce and to the work ereof;
all of which he shall keep in proper order and condition , with
full indexes thereof , and shall turn over the same to his
successor , taking from him duplicate receipts therefor , one of
which he shall file with the auditor. All maps , plans , profiles
field notes , estimates and other memoranda of surveys and
other professional work made or done by him or under his
direction or control , during his term of offce , or that he may
have received from his predecessor , shall remain the property
of the city.
SEC. 7. Department of Safety. The department of safety
shall include the police and fire departments , and shall be
under the control of the city manager , subject to the provisions
of Section 7, Article II of this charter.
SEC. 8. Police Department. The city manager shall ap-
point a chief of police. He shall (a) appoint and remove all
subordinates in the police department , subject to the provision
hereafter stated; (b) make rules and regulations for the gov-
ernment of the police department; (c) prescribe tests for
examination as to fitness of applicants f ositions in the
police department All appointments to police depart-
ment shall be made after competitive examination.
SEC. 9. Fire Department. The city manager shall appoint
a chief of the fire department , and shall (a) appoint and
remove all subordinates in the fire department , subject to the
- 24-
provision hereafter stated; (b) make rules and regulations forthe government of the fire department, All appointments to
the fire department shall be made after competitive examina-
tion.
SEC. 10. Any charge brought by the city manager against a
member of the police department or fire department who hasbeen in the service of the city for five years at the time of the
taking effect of this charter, which: charge, if sustained , would
warrant dismissal , shall be heard and determined by a board
to be known as the police and fire board, Said board shall
consist of the mayor, the police judge and the city attorney,
A majority vote shall control. Any charge involving a penalty
less than dismissal shall be determined by the city manager,
ARTICLE VIII,
DEPARTMENT OF HEALTH.
SEC. 1. Health Offcer. The city manager shall appoint a
health offcer who may also be the city physician , and shallhold offce during the pleasure of the city manager. He
shall have the degree of Doctor of Medicine , and shall hold a
license to practice medicine in the State of California, He
shall have practiced medicine for at least five years.
SEC, 2, As health offcer he shall have all the powers and
shall be subject to all the duties conferred on boards of health
and on health offcers by the general laws of the state , and shall
have such other powers and duties as may be conferred by ordi-
nance.
SEC. 3. City Physician. As city physician he shall attend
free of charge , when called upon , the injured and the indigent
sick of the city. He shall have charge of any receiving hospi-
tal or dispensary established for the treatment of emergency
cases and the sick poor.
SEC. 4. He shall have the power of removal of all ap-
pointees of the health department.
SEC. 5. He shall have power to appoint and prescribe the
duties of such subordinates as are necessary to the effciency of
the department , including a veterinarian and a sanitary and
plumbing inspector.
SEC, 6. He may, with the written consent of the city man-
ager , appoint also , one or more physicians , emergency sur-
geons , bacteriologists , chemists , food and market inspectors
and a clerk of the department , and may prescribe and direct
their duties.
25
ARTICLE IX.
ARTICLE X.
DEPARTMENT OF PUBLIC UTILITIES,
SEC. 1. There is hereby created a board of public utilities
which shall control the construction , operation , maintenance
and funds of all utiities from which income is derivable , which
now are or may hereafter be owned by the city.
SEC, 2, The city manager shall be one member. The other
two members shall be either civil , mechanical or electrical engi-
neers. They shall be appointed by the mayor and shall hold
offce for four years, Their terms of offce shall alternate so
that one shall go out every two years. The two first appointed
shall decide their terms by lot so that one shall hold for two
years and one for four years. They shall serve without com-
pensation.
SEC. 3. The board shall organize by electing a president
and appointing a secretary. Two shall constitute a quOrl1il.
They shall hold regular meetings once a month, and shall hold
such other meetings as they may determine.
SEC. 4. The treasurer shall keep the fund of each utilty
separate. Any surplus to the limit of fifteen per cent of the
book value of any utilty may be invested by direction of the
board in bonds of the City of Alameda , or in state , county or
municipal bonds of this state, or may be transferred to the
general fund of the city.
SEC. 5. The books of each utility s e kept in such form
as is required by state regulation governing public utilties , and
a monthly report in detail shall be made to the council,
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SEC. 6. Subject to other provisions of this charter the board
of public utilities shall have power:
One. To fix rates for service;
Two. To buy and sell materials and supplies incidental to
the operation of each utilty;
Three. To employ, fix the compensation of and dischargeemployees;
Four. To do work for other departments of the city at cost,
SEO; 7, On or before the second Monday in May of each
;vear the board ;;hall prepare and submit to the council an esti-
mate of income and expenditure of each utility for the comingfiscal year.
SEC. 8. All money collected shall be deposited with the
treasurer as soon as practicable. Demands on any fund shall
be signed by the president and secretary of the board,
SEC. 9. Purchases or contracts exceeding one thousand dol-
lars in amount shall be advertised bv the board and shall be
awarded to the lowest responsible bidder, unless all bids are
rejected.
SEC. 10. The board shall control the generation , purchase
distribution and sale of electrical energy, and shall also control
all alled activities , such as electrical inspection , fire alarm and
police telegraph and telephone system , which are or may be
operated by the city. It shall also control the sale and distribu-
tion of water, gas and the product of any commodity acquired
by purchase of the service of any person or corporation supply-
ing a public utility.
SEC. 11. The board shall have power to enter into a con-
tract for a term not to exceed five years , for the purchase of
water , gas or electrical energy, or for the purchase of the
service of any public utiity. No such contract shall be valid
unless ratified by ordinance. The distribution of the com-
modity so acquired shall be subject to the provisions of this
article. Such contract shall not be subject to the provisions
of Section 22, Article IV. Such ordinance shall not take effect
unti sixty days after its adoption.
ARTICLE XI.
ELECTIONS.
Chapter I-General Elections.
SEC. 1. General muniripal elections shall be held on the
second Tuesday in March in each odd numbered year. The
first election under this charter shall be held On the second
Tuesday in March , 1917.
SEC. 2. Erections shall be neld and conducted as nearly as
may be , in accordance with the provisions of the election laws
of the state, except as herein otherwise provided.
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SEC. 3. Terms of Elective Offcers. Elective offcers shallhold offce for a period of four years from and after eight
clock p. m. of the third Mouday of April following the day
of election , and until their successors are elected and qualified.
SEC. 4. In the election of councilmen after the first general
municipal election , where full terms and one or more unexpired
terms are to be filled , the person or persons elected by the
highest number of votes shall be elected for the full term, and
the person or persons receiving the next highest vot shall be
elected for the short term or terms , as the case may be.
SEC. 5. Nominating Petitions. The mode of nomination
and election of offcers to be voted for at any general municiPal
election shall be as follows:
Not later than thirty days and not earlier than sixty daysbefore general municipal election , electors of the city may,by petition , present names of candidates for election.
The signatures to said p
' .
eed not be appended to one
paper , but each signer shall to his signature his place of
residence , giving street and number when such de ation can
be given. One of the signers of each paper sha ake oath:
that the statements therein are true , and that each signature is
the genuine signature of the person whose name purports to be
thereto subscribed.
Each candidate shall be proposed by not less than fity quali-
fied electors of the city. No more than one candidate may be
named in anyone petition , and no person may sign more than
one petition for a candidate for anyone offce.
SEC. 6. Such petition s'Qall be presented to the city clerk
and if accompanied by the written acceptance of the nominee
shall be filed by the clerk. He shall immediately examine the
great register , and therefrom shall ascertain whether such peti-
tion is signed by the requisite number of qualified electors. He
shall , within five days , attach is certificate to said petition
showing the result of his examination,
SEC. 7. Withdrawal. Any candidate may withdraw by
filing with the city clerk , before the publication hereinafter pro-
vided , a verified statement of his desire to withdraw; and on
receipt thereof the city clerk shall strike his name from the list
of candidates.
SEC. 8. Election Proclamation. Immediately after the
closing of nominations the city clerk shall enter the names of
the candidates in a list, with the offces to be filled not later
than twenty days before the day of on s eriify to
such list , and shall, at least ten days b the on , cause
to be published three times in the . , a proclamation
call1ng the election. Said procla all contain a State-
ment of the time of the election , the offces to be filled, and the
names of the candidates, and shan be signed by the mayor and
attested by the city clerk.
SEC, 9. Form of Ballot. All ballots shall be substantially
in the following form:
GENERAL (OR SPECIAL) MUNICIPAL ELECTION, CITY OF ALAMEDA.
(Insert date thereof.
INS'l'RUC'l'lON TO VOTERS. To vote , stamp a cross (X) oppo-
site the name of the candidate for whom you desire to vote.
Vote your first choice in the first column , your second choice in
the second column and your third choice in the third column.
Vote only one choice for anyone candidate , as only one choice
wil count. Any mark placed on this ballot for the purpose of
identification wil make the ballot void. If you wrongly mark
tear or deface this ballot , return it and obtain another.
SEC. 10. Arrangement of Ballots. The ballots shall be
arranged with proper headings above each offce or classifica-
tion of offces , showing the number to be voted for , for each
offce or classification , and the names of the candidates,
arranged in alphabetical order , with three voting squares
opposite each name , designated" first choice
, " "
second choice
and" third choice " and with blank line or lines below the
printed names of candidates for each offce to be voted for equal
to the number to be voted for , wherein the voter may write the
name of any perSOn or persons for whom he may wish to vote
stamping a cross (X) opposite the name , as herein provided.
If there are charter amendments or other questions to be voted
upon , a column therefor shall be provided on the right hand
side of the ballot.
SEC. 11. Sample Ballots. At least five days immediately
preceding any municipal election the clerk shall mail to each
registered voter a sample ballot , and nothing unoffcial shall
be mailed therewith.
SEC. 12. Preferential Voting. Voting for elective offces
shall be by the preferential system , that is to say: for each
offce to be filled at any election the voter may designate one
first , One second and one third choice , by stamping a cross (X)
in the square provided.
SEC. 13. Counting Ballots. In counting ballots , the first
second and third choices for each candidate shall be separately
talled and accredited to the candidates receiving them.
SEC. 14. Rejecting Ballots. Should any elector express any
of said choices for more candidates than there are offces to be
filled in that particular classification , said choices shall not be
counted; and should he express more than one of said choices
for anyone candidate , only the first shall be counted.
SEC. 15, Canvass of Returns. The council , at its next
regular meeting following the election, shall canvass the returns,
he candidate receiving the highest number of first choice votes
If such votes constitute a majority of all ballots cast for candi-
- 29-
dates under that classification , shall be declared elected. If no
candidate shan have received a majority of first choice votes , a
canvass shall be made of the second choice votes , which shall be
added to the first choice votes , and the candidate having re-
ceived the largest number of votes so combinea, if such consti-
tute a majority, shall be declared elected. If after adding the
first and second choice votes no candidate shall be found to
have a majority, then the third choice votes of each candidate
shall be added to his first and second choice votes , and the can-
didate having received the highest number of votes shall be
declared elected.
SEC. 16. Tie Votes. A tie between two or more candidates
shall be decided in favor of the one having the highest number
of first choice votes. If they are equal , the highest number of
second choice votes shall determine. If there stil be a tie , it
shall be decided by lot, under the direction of the council.
SEC. 17. Publicity of Qualifications. At least fifteen days
before the day of election each candidate may deliver at his own
cost to the city clerk a verified statement with printed copies
thereof equal to the number of qualified electors. Each copy
shall be printed on white paper four inches wide by nine inches
long, and shall have the candidate s photo-engraving printed
thereon , followed by his name , the offce for which he is a can-
didate , and a statement as to his residence , place of birth
present occupation , and what public offce he has held, and
whether he is a taxpayer in the city of Alameda. He may give
such other information regarding his experience and qualifica-
tions as might enable the electors to estimate his fitness to fill
the offce. Such statement shall also contain the names of not
more than twenty residents of the city of Alameda to whom he
refers. One copy of such statement shall be mailed to each
qualified elector, with the sample ballot.
Chapter II-Recall.
SEC. 18. Every incumbent of an elective offce who shall
have held offce for six months shall be subject to removal by
recall.
SEC. 19. Affdavit for Recall. Before any petition for a
recall is circulated for signatures , an affdavit in duplicate by
the elector or electors proposing such recall , shall be fied with
the city clerk , who shall at once deliver one of such affdavits to
the offcer sought to be recalled , or send one by registered mail
addressed to him at his residence. Such affdavi con-
tain a statement of not more than two hundred wor eclar-
ing the intention to circulate a recall petition , giving the rea-
sons for the proposed recall , and the names and addresses of
the elector or electors proposing such recall. The elector or
electors making such affdavit shall pay in advance to the city
clerk a fee of twenty-five dollars to cover costs of printing
30
anks anq. other incidental expenses. The offcer whose recallis sought shall have five days after the filing and serving ofsuch. affdavit in which to file in duplicate with the city clerk
his answer of not to exceed two hundred words.
Sl!o. :90. rrjntfJd IHanks. Th.e city ' clerk 'shall witllin t
(jays after thfJ filing of such answer, cause to printed asPlay be necessary, blank petitions in the form eaiter pro-vided , numbered consecutively. Such blanl(s shall be delivered
to verification deputies upon payment of one cent each.o. 21. Petition for Recall. A petition or petitions signed
by qualified electors requesting the callng of a special electionto determine whether or not the said incumbent of an elective
offce shall be removed from offce by recall , shall be addressed
to the council and presented to the city clerk. The form of the
recall petition shall permit the elector to express his or her
opinion either for or against the recall, and everything pertain-
ing to the circulation , filing, signing, etc., of the same mustconform to thB requirements hereinafter provided,
SEO. 22. The form of petitions shall be as follows:
No. ------------
TO THE COUNCIL OF THE CITY OF ALAMEDA
P:JTITION POR OR AGAINST EECALL.
OL___--_- (Name in full; printed in 12 pt. black-face type).As---___-- (Give name of offce in 12 pt. black-face type),
Reasons for recall.
(Here insert reasons contained in affdavit for recall.
Reasons against recall.
(Here insert reasons against recall , as contained in answer,
, the undersigned , certify that I am ? qualified elector of
the City of Alameda , State of California; that I have care-
fully read the foregoIng reasons both for and against therecall or said offcer and have signed below in accordance withmy convictions; that I am not at this time a signer of any
other like petition;
That I
Favor the recall of
-----
(name of offcer)
-----
(name to be in 12 pt. black-
face type.
and petition the conncil forth-
with to submit the question to
vote of the electors.
(Signed) -----------------
Address -----------------
(Nine additional lines and
addresses. )
That I am
Against th6 recall of
-----
(name of offcer)
-----
(name to be in 12 pt. black-
face type.
and oppose the sUbmission of
the question to the vote of the
electors.
(Signed) -----------------
Address -----------------
(Nine additional lines and
addresses. )
-:
1 -,
VERJFJCA1'IO p;EPUTY S AFFIDAVIT.
------------------ being duly sW\rn , deposes and says: I
am the person sworn as a verification deputy. I have per-
sonally circu the e petition. I have not preventedany person . ni
'" ,
his petition either for or .again
the recall. signatures appended were subscrlbed II
my presence. 0 the best of my knowledge and belief the
atures are the true names and signatures of the persons
ing; and no signature has been erased , changed or q.efaced,
(Signed) ------------------------
Verification Deputy.
Subscribed and sworn to before me this ---------- day of
---------_____
191 ------
- ---- - - ------- - ---- -- - - -- - --
Notary Public.
SEC. 23. Verification Deputies. Any qualified elector
desiring to circulate recall :petitions shall apply to the city
clerk and may by him be sworn as a verification deputy. On
delivery of printed blanks to the verification deputies the
city clerk shall take receipts therefor , each receipt to specify
the consecutive numbers of said blanks. Each verification
deputy must make oath that he wil not Plake untrnthful or
misleading statements concerning the proposed recall , or pre-
vent or hinder any person from signing said petition , either
for or against the recall; that he wil not threaten , bribe or
nse any improper means , or permit the same to be done by
others , in soliciting signatures either fqr or against the recall.
On return of the ed petitions to the city clerk eac,h verifi-
cation deputy sha make affdavit to each section of the
petition circulated by him.
SEC. 24. It shall be unlawful for any offcer or employee
pf the city to !!ign or circulate or cause to be signed or cir-
culated , any petition , either for or against a recall.
,SEC. 25. Penalty, Any verification deputy who shall
violate any of the provisions of this chapter or who shall fail
to return ' to the ' city clerk within fifty days after the filing
of the affdavit provil1cd for in section 1 of this chapter, anyof the petition blanks received by him , shall be guilty of a
JTi demeanor.
Sjic. 26. No p tition for a recalJ shall be received by thecitv clerk later than fiftv davs after the filing of the affdavitr;vidfJd for in section 19 of this chapter.
, SEC. 27. City Clerk'Certificate. The city clerk shall
endof:se upon such petitions the date of filing in his offce.He shaU immediatelv commence an examination of said
Jjetitions to asc rtain 'hetJ:er they flre signed by tpe requisite
number of qualified electors , and whether they conform in
- 32-
every particular to the requirements of this chapter. At thehour of five o clock in the afternoon of the tenth day after the
expiration of the fifty day period provide or in ection . 25 of
this chapter he shall . attach . to uch p t1tIOns his certIfi ate
showing the result of hIS exammatlOn , WhICh shall Be conclus1ve,
He shall endorse his finding on said petitions and'shall present
the same to the council at its next regular meeting.
SEC. 28. Withdrawal of Signatures. Any sIgner O f a
petition for recall may file with . the city ,eler a ver1
revocation of his signature. If sa1d revocatIOn IS fied wIththe city clerk before the petition is certified to by himhe shall cancel such signature.
SEC. 29. Recall Election. If the offcer whose recall . 1.'sought shall not have resigned within five days after the filmg
of the petition , and if the petition favoring th recall shall con-
tain the signatures of qualified electors equal n number to ten
per cent of the highest vote cast for a councIlman a the last
preceding general municipal election , in excess o the slgnatu
of qualified electors opposed to the re call as c;rtlfied by the CIty
clerk the council shall cause a specIal electIOn to be held notless than forty days nor more than sixty days afte he filing
of said petition , to determine such recall. f a mun CIpal . e ec-
tion is to occur within sixty days after the filmg of saId pe ltIonthe council may postpone the holding of the recall lJectIOn to
such municipal election.
SEC. 30. Recall Ballots. Upon both the S8ilph- an offcIalballots there shall be printed the reasons for and agamst the
recall , as set forth in the petition.
SEC. 31. The ballots shall be provided wIth squares OpposIte
Yes " and "" in which the voter may stamp a cross (X)indicating his vote. The ballots shall read:
j Yes.Shall -------- (naming the offcer) be recalled Y (No.
SEC. 32. The city clerk shall name three disinterestcd elec-tors who shall act as a canvassing board to canvass the returns
of said election and who shall declare the result thereof. Be-
fore entering u'pon his duties , each member of the canvassingboard shall take the constitutional oath of offce.
SEC. 33. If a majority voting on the recall shall vote infavor of such recall, said offcer shall thereupon be deemed re-moved from offce, and hi.' incumbency shall terminate upon the
declaration of the result of said election by the canvassingboard.
SEC. 34. The mayor shall appoint a successor to the offcerremoved who shall hold until the next general municipal elec-tion. If the offcer recalled be the mayor, the remaining council-men shall appoint his successor.
- 33-
SEC. 35. If a ajority of the council be simultaneously re-called , a board .of the p"lice judge, the auditor andthe treasurer s oint their successors, who shall serveuntil the next al municipal election.
SEC. 36. t. In case of a recount of votes taken at
a recall election , the law of the state controllng general elec-
tions shall govern.
ARTICLE XII.
ALCOHOLIC LIQUORS,
SEC, 1. It shall be unlawful for any person , firm or cor-poration to establish , open , keep, maintain or carryon within
the City of Alameda any saloon , bar, store , dramshop, tipplingplace, stand or any place where spirituous , malt or fermentedliquors or wines or ,any admixture thereof, are sold or giaway, or for any person , firm or corporation (except as herein-after provided to seU or barter or give away within the limitsof the city a iritous, malt or fermented liquors or wines orany admixtu hereof, withoui having permission pursuantto an ordinance of the council or electors, as provided in this
article. The provisions of this article shall not apply to thesale or dispensing of the said liquors , or any of them , by aregularly and duly licensed pharmacist , in the course of his
business as a druggist , for . medicinal purposes, at his drugstGre, when the same are sold or dispensed upon a prescription
of a duly and regularly licensed physician. Violation of any
of the provisions of this section shall constitute a misdemeanor,
SEC. 2. Subject to the provisions of this charter the council
shall have power by ordinance to impose all license taxes forto require bonds , to confine within the limits of time and placeand to otherwise regulate the sellng and giving away of anyspirituous, malted or fermented liquors or wines or any admix-
ture thereof;
Provided that the council shall not have powcr to g t morethan tWfnty of the licenses or permits specified in s articleto be in force at anyone time. The licenses granted shall benumbered consecutively from 1 to 20 , and not more than onelicense bearing anyone number from 1 to 20 , inclusive , shall
bc valid at one time.
SEC. 3. No license provided for in this article shall be
granted for a sum less than five hundred dollars pcr annum
payable quarterly in advance.
SEC. 4. No remission of any such license shall be made dur-
ing the period for which it is granted, and the bonds requiredto be given by keepers or proprietors of saloons or drinkinghouses shall not in any case be fixed at less than one thousand
dollars.
3-SCR 8
- 34-
SEC. 5. No license issued under the provisions of this article
shall be assignable or transferable witho,?t the. consent of the
council endorsed thereon such consent bemg eV1denced by reso-
lution and only to such person , firm or corporatlOn as may
have flIed a bond as heretofore provided , and complied in all
other respects with such preliminary requirements as are pro-vided by law. .
Provided that in case any licensee IS charge d WIth .vlOlat ol1
of the provisions of this article or of . any ordm3;nce Imposmg
restrictions on his conduct as such lIcensee , WhICh charge or
charges result in an investigation by the council or ?y an;
court or other body authorized by law to conduct such JUvestI-
gation then during such investigation or during a trial upon
such cll1lrO'e or charges , and also after conviction , if the same
shall follo r no transfer of said license shall be granted.
. SEC. 6. bpon suffcient cause bein O'ivn or p:roof fur-
nished to the council that any person , m or corporatlOn hold-
inO' a license under the provisions of this article has violated
T of the provisions thereof, or of any rdinance of the c
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 ,hondforfeited. Any lieense shall be revoked ipso facto by Judg-
ment of conviction of the holder thereof of a felony or of the
violation of any of the provisions of any ordinance by this
article authorized.
SEC. 7. No license shall be issued eDtitling the licensee to
carryon the business licensed at more than one place. Each
lice1 see shall at all times keep his license posted in a conspicu-
om placc in his snloou or place of making sales thereunder , so
that the license shall at all times be easy to read by any personentering said plaee.
SEC. 8. No liceDse shall be reqmred for the purpose of sell-
ing' liquors at wholesale to any retail dealer in this city who
holds a license uuder the provisions of this article.
ARTICLE XIIT.
FRANCHISES.
SEC, 1. I,ranchises to Use Streets. Every franchise , per-
mit or privilege for the purposes hereinafter enumerated in
this section shall , except as otherwise provided in th con-
stitution of the State of California , be granted by ordmance
upon the condition specified in this article , and not otherwise.
One. Every franchise , permit or privilege to construct or
maintain or operate a street railroad , a suburban railroad , or an
interurban railroad along, upon , over , in , under or aeross any
street, lane , ally, court, highway, road , park or other public
place in the City of Alameda.
- 35-
Two, Ever
tain or 0across an
public place in the
mitting electrical energy,
suhstances,
Three. .Every franchise , ermit or privilege to erect , main-
talI or operate poles or t g wires along, u on, over , underin or across any street ally, court, hi y, road , park
or other public place in the City of Alameda f r the purposeof transmitting electrieal energy.
SEC. 2. Granting New Franchises. New franchises may begranted by the council by ordinance , to the person , firm orcorporation bidding therefor the highest percentage of the net
annual revenue received from the use , operation or possession
of said franchise, fixed as herein provided. Upon receipt of awritten application from any person , accompanied by a cashdeposit or certified check suffcient to pay the cost of SUCtladvertisement, the council may advertise for sale the franchise
referred to in said application , said advertisement to be pub-lished for at least five days in the offcial newspaper , describing
the nature of. said proposed franchise and the conditionsthereof, and giving the date when said franchise wil be offeredfor sale in open council to the person , firm or corporation offer-
ing' to ay the ity the highest percentage of net receipts , fixedas herem provIded , which percentage shall not be less thanfifty-five per cent. Any responsible person , firm or corpora-tion may appear at said sale and may raise the bid of any other
bidder, not less than one per cent , until said franchise is finally
sold y the council to the person , firm or corporation offerinthe lllg est percentage of the net receipts;
Prov'Lded that the council may in its discretion reject anyand all bids , and may withdraw said franchise from sale oradvertise for new bids. Every bidder , before his bid shall bereceived, must file with the city clerk a certified check or makea cash deposit in an amount suffcient to pay the cost of the
advertisement herein provided for. The deposit of the success-ful bidder, or so much thereof as may be necessary, shall be used
to pay the cost of said advertisement , and all other depositslall be returned. upon the acceptance by the council of any
bId, or upon the rejection of all bids.
SEC. a. Granting Re-s(ttleIlent :B'ranchises. Re-settlementfranchises may be grant d ?y the council by ordinance , subjectto the approval of a ma Jonty of the electors of the city votingthereon at a general or special election called and conducted as
provided by law . other municipal elections , upon applicationtherefor made wIthIn three years from the date of the taking
rivilege to lay or main-
ng, upon , in , under or
way, road , park or other
or the purpose of trans-
, steam , oil , air or other
- 36-
effect of this charter , by any person , firm or corporation actu-
ally engaged in ope:-ating a public utility i!l the City of Ala-meda at the time tllls charter becomes effectIVe. Any re-settle-
ment franchise shall provide for the surre nder of any or all of
the franchises owned or claimed by the grantee of such re-settle-
ment franchise and for the acceptance in lieu thereof of the
rio'hts and privileges granted in the re-settlmnent fl'anchjse for
continued opel" of such utility within the li of th\'
city, or such portion eof as had theretofo operated
under the franchises so rendered. It shall vIde that
new franchises granted to the holder 01' any re-settlement fr
chise shall be considered as a part of the re-settlement franclllse
and that the council mav by ordinance grant to the holder of
such re-settlement fran chise the right to make extensions of
appliances and service , which said extensions shall be subject
to all tbe obligations and conditions of such re-settlement fran-
chise. I very "re-settlemcnt franchise shall provide for the pay-
ment by the grantee thereof to the city of at least fifty-five
per cent of the net annual revenue of said grantee , determined
as in this charter provided.
SEC. 4. New and Re-settlement Franchises; Valuation. (1)
The valuation of all property of the franchise grantee, used
or useful or in the judgment of the council prospectively
useful , in ' the operation of the utility for w ich said franc
is granted , and owned by the grantee at th tIme of the ntlI
of such franchise shall be fixed by the RaIlroad CommIssIOn of
the State of California , or its successor in interest, said valua-
tion thus fixed to be set forth in the franchise ordinance,
this valuation shall be added the cost of all additions, extensiom
and betterments and from this valuation shall be deducted the
value of property sold or abandoned , and a depreciation fixed
and determined as in the franchise provided. The valuation
to which said additions have been lIade and rrom which saic1
deductions have been made shall be the valuation upon which
the six per cent interest herein provided for shall be computed
and the valuation at which said property citn be acquired by
the city, or by a third person , firm or corporation to which the
right is assigned by the city.
Franchises for Indeterminate Period; Public Ownership.
(2) Every franchise shall be granted for an indet rminate
period , subject always to the right of the city at any tIme , and
upon six months ' notice in writing, to acquire and possess the
property of the grantee , or to assign to a third person , firm or
corporation its right to acquire and possess.
, .
Assumption of Bonded Indebtedness. (3) Every francmse
may provide that , when purchasing the property of the grantee,
the city, if and when permitted by the constitution of the State
of California , may assume the obligation of such grantee for
37-
tho payment or the bonds then outstanding against said prop-
erty, not exceeding in aggregate par value the valuation of the
property thus p ed , and in such case the par value of suchbonds shall be ed the valuation of said prop ess ch valuation over such parsh be paid to the grantee b thesuc pu ds so assumed shall no r be a
lien exclusively upon t e ranchise or property of t Ie utility
as such , but may be secured by t al credit of the city,or by a lien upon a fixed percen of gross earnings of
such utility, or otherwise , as may be provided in such franchise,
Determination of Net Revenue, (4) The annual net reve-
nue upon which the city s percentage is computed shall be
determined by deducting from the annual gross revenue all
operating and maintenance costs, taxes , insurance and depreci-
ation as provided in the franchise , and six per cent interest
On the va ion of the property used and useful or determinedin the ise to be of prospective s in the public
service , such valuation being the val ed b;y the Rail-
road Commission of. the State of California , and to which
additions have been made and from which deductions have
been made as herein provided,
Amendment of Franchise. (5) Any franchise may be
amended. by ordinan assed by the council, approved by voteof the electors as h provided , and accepted by the fran-
chise grantee; but the amendment is of are-settlement
franchise , it shall not become effective until approved by the
electors in the same manner as the original re-settlement
franchise,
Board of Control. (6) Any franchise may provide for a
board of control to consist of two competent and experienced
men , one to be selected by the council and One by the grantee of
said franchise , with such powers and duties as may be provided
in the franchise , all disagreements between the two to be
decided by an arbiter appointed for that purpose in a manner
to be determincd in such franchise.
Additional Powers. (7) The council in granting any fran-
chise shall have power to impose terms and conditions not
inconsistent with this charter , in addition to tbe terms andconditions herein provided for, and shall have such other
powers hereunder as may be proper and necessary in the
preparation , enactment , and the carrying out of the terms of
any franchise,
Application to Re-settlement Franchises. (8) The pro-
visions of this section shall apply to re-settlement franchises as
well as to new franchises,
ARTICLE XIV.
MISCELLANEOUS.
SEC. 1. All general1aws of the state applicable to municipal
corporations , now or hereafter enacted , and which are not in
confiict with the provisions of this charter or with ordinances
or resolutions hereafter enacted , shall be applicable to the city.
SEC. 2. Whenever in this charter the word" city " occurs
it means the City of Alameda; and eve,ry department , board or
offcer, whenever either is mentioned , meallS a department
board or offcer , as the case may be, of the City of Alameda.
SEC. 3. The fiscal year shall begin with the first day of July
and end with the last day of June of each year.
SEC. 4. 'l'he compensation of elected offcers shall not be
increased or diminished during the terms of their respective
offces.
SEC. 5. If any offcer of the city shall remove from the city
or absent himself therefrom for more than thirty days consec-
utively, without the permission of the council , or shall fail to
qualify by taking the oath of offce and filing his offcial bond
whenever such bond is required, within fifteen days from the
time his certificate of election or appointment is mailed or
delivered to him , or shall resign , or be convicted of a felony,
or be adjudged insane , his offce shall be vacant.
SEC, 6. The mayor shall have the power to fill vacancies
except as this charter otherwise provides. Such appointee
shall hold for the unexpired term and until the election or
appointment and qualification of a successor.
SEC. 7. The improvement , widening and opening of streets
the planting of trees , and all matters not specified in this
charter shall be done, and assessments therefor levied , in con-
formity 'with and under the authority conferred by general
law.
SEC. 8. The mayor , the auditor and the city manager shall
together count the money in the treasury at least once in three
months , and see if the amount on hand talles with the amount
that should be in said treasury as shown by the books of the
city, and they shall make a written report thereof to the council
within five days thereafter,
SEC. 9. AU offcers and boards shall deliver to their suc-
cessors all papers , books , documents , records , archives and
other properties pertaining to their respective offces or depart-
ments , in their possession or under their control.
SEC. 10. No member of the council , or of any board , and
nO offcer or employee of the city shall be or becorqe directly or
indirectlv interested in any contract , work or business. or in
the sale "of any article , the expense , price or cons deration of
which is payable from the city treasury, nor shall eIther or any
gratuity or advantage from any contractor labor or m rial for the same; and anyco y in which such offcer or employeeis or ecomes in eres ed may be ec ared void he council.
SEC. 11. No offcer or employee of the Cl all give orpr 'e to gi any person , any po l' his compensationmoney g of value in con ion of having beenor being nomma ed, appointed, voted for or elected to an;y
offce or employment.
SEC. 12, No offcer or oyee shall accept any donation orgra in money, or ot hing of value , either directly orin . , from any subo e or employee , or from anyone
un or s charge , or from any candidate or applicant for any
position as employee or subordinate in any department of the
city.
SEC. 13. No offcer or employee of the city shall aid or
assist a bidder in se a contract t nish labor, matcrial
or supplies at ce or rate t hat osed by any
other bidder , or r One bidder over ther , giving
or withholding inf a lOn , or s 11 wilful y mislead any
bidder in regard to aracter 0 e matt'rial or supplies
called for, or shall kn ly t materials or supplies
quality inferior to tha call by the contract, or
knowingly certify to a greater ount of labor performed t. an
has actually been performed, or to the receipt of a greater
amount of material or supplies than has actually been received.
SEC. 14. A ' ation of any provision of the four sections
last preceding s cause a forfeiture of the offce or employ-
ment,
SEC. 15. Every offcer who shall wilfully approve , allow or
pay any demand on the treasury not authorized by law. shall
be liable to the. city individually and on his offcial bon
amount of the demand so approved , allowed or paid, an
forfeit such offce and be forever disbarred and disqualified
from holding any position in the service of the 'Jity.
SEC. 16. All books and records of every offce and depart-
ment shall be open to the inspection of any citizen during busi-
ness 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,
SEC. 17. Copies or 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 sum of
twenty-five cents for certifying.
40
SEC. 18. Unless otherwise provided for by law , all city
offcers shall keep their offces open for the transaction of busi-
ness continuously from 9 o clock a.m. to 5 o clock p.m. each day
except Sundays and holidays,
SEC. 19, Every offcer or board authorized by law to allow
audit 01' certify demands upon the treasury, or to make offcial
investigation , shall have power to issue subpcenas , administer
oaths and affrmations and take testimony concerning any mat-
ter relative thereto,
SEC. 20, Unless otherwise provided by this charter , any
offcer or board authorized to appoint any deputy, clerk , assist-
ant or employee , shall have the right to remove the person so
appointed. This right shall not apply to the removal of
appointees on the several boards which are vested with the
management and conduct of branches or departments of the
government of the city,
SEC. 21. All ordinances and resolutions in force at the time
this charter takes effect , and not inconsistent therewith , shaH
continue in full force unti amended or repealed.
SEC. 22. All offcers and employees , when this charter takes
effect , shall continue to hold and exercise their respective off
or employment , under the terms of this charter , until the elec-
tion or appointment and qualification of their successors.
SEC, 23, The present council shall provide for the holding
of the first election of offcers under this charter and shall can-
vass the votes and declare the result thereof.
SEC. 24. All vested rights of the city shall 'continue and shall
not in any manner be affected by the adoption of this charter
nor shall any right , liability, pending suit or prosecution , either
in behalf of or against the city, be affected by the adoption of
this charter , unless otherwise herein expressly provided. All
contracts entered into by the city or for its benei'it prior to the
taking effect of this charter shall continue in full force and
effect, All public work begun prior to the taking effect of this
charter shall be continued and perfected hereunder. Public
improvements for which legislative steps shall have been taken
under laws in force at the time this charter takes effect , may b
carried to completion in accordance with the provisions of
such laws.
SEC. 25. No person who holds , or who is a candidate for any
national , state or county offce shall hold or be elegible to an
appointment on the board of education , the library board or
the board of public utilities. If any member of either one of
said boards shall become a candidate for, or shall hold any
. national , state or county offce , or shall accept any appointment
to a national , state or county offce , excepting that of a notary
public or a member of the state militia , such act shall work a
41-
1'01'1' . off e , and the vacancy thereby created shall befille ed b SEC. 0 co all in any manner attempt to
influence the ci in the making of any appointmentor in the plies. A . ation of this provisionshall wor he offce 0 e council
SEC. 27. y person, firm or corporation tach the
salary or wages of any city offcial or employee for money justly
due.
SEC, 28. If any section or part of a section of this charter
proves to be invalid , it shall not be held to invalidate or impair
the validity of any other section or part of a section , unless itcl ap that such other section or part of a section depe nt 'ts operation upon the section or part of a section
so held invalid.
SEC, 29, J!'or the purpose of holding and conducting the
elections provided for by Section 1 of Article XI of this
charter , this charter shall take effect from the time of the
approval of the same by the legislature; and for all other pur-
poses this charter shall take effect at 8 o clock p.m. on the third
Monday in April
SEC, 30. When ing purchases for all departments of the
city, local merchants shall be given the preference , quality and
price being equal.
SEC. 31. Neither the city manager , nor any person in the
employ of the city shall take any active part in securing, or
shall contribute money toward the nomination or election of any
candidate for a municipal offce.
WHEREAS , the City of Alameda for years last past has been
and nOw is a city containing a population of more than three
thousand five hundred inhabitants , as ascertained by the last
preceding census taken under the authority of the congress of
the United States; and
WHEREAS , on the twenty-third day of May, 1916 , at a special
election duly held on that day in said city, under and in accord-
ance with the provisions of Section 8 of Article XI of the
Constitution of the State of California , the electors of said city
did duly choose and elect Smith Anderson , Brainard C. Brown
Geo. L. Dilman , A. O. Gott , Frank W. Hally, P. Jorgenson
E. A. Larkin , A. Latham , Wm. Tappan Lum, Wynn MeredithFrank Otis, A. T. Spence , A. F. St. Surc , L. R. Weinmann
Geo. S. Wiliams (who were all electors of said city and eligible
as candidates under said section) a board of fifteen freeholders
to prepare and propose a charter for the government of said
city; and
WHERE,S, the result of said election was dul declared by
the legislative body, to wit: the council , of sai on the
29th day of May, 1916 , and the said electors thereaf I' duly
qualified as such freeholders in accordance with law; and
WHEREAS , the period of one hundre wenty days allowed
by law to prepare and propose said I' was , with the con-
sent of said council , duly extended si to and including
the 25th day of November , one thousc hundred sixteen.
Be it known that in pursuance of the provisions of said
constitution and within the period of one hundred eighty days
after the result of said election was so declared , the board of
freeholders has prepared and does nOw propose the foregoing
as and for the charter of the city of Alameda; andBe it f trther known that the said board of freeholders
hereby requests said council to cause the publication of the said
proposed charter as provided by said Section 8 of Article XI
and fixes Tuesday, the 9th day of January, 1917 , as the date
for holding a special municipal election in said city, at which
the proposed charter shall be submitted to the electors of said
city for their ratification and adoption.
In witness whereof, we the undersigned freeholders have
hereunto set our hands at the city of Alameda in the State of
California , this 25th (Jay of October , A. D. 1916.
FRANK OTIS , President.
GEO. h DILLMAN, Vice-President,
BRAINARD O. BROWK , Secretary.
SMITH ANDERSON
A. O. GOTT
FRANK W. HALLY
P. JORGENSON
A, LATHAM
WM. TAPPAN LUM
A, T. SPENCE
A. F. ST, SURE
L. R. WEINMANN
GEO, S. WILLIAMS
Freeholders of the City of Alameda.
The board of freeholders of the City of Alameda hereby
requests the council of said city to cause the publication of the
foregoing proposed charter in the manner provided by law and
fixes Tuesday, the 9th day of January, A. D. 1917 , as the date
for holding' a special municipal election in said city, at which
43
the
for
.ter shall be submitted to the electors of said city
fication and adoption.
ctober 25th , 1916.
PRANK OTIS , President.
GEO. L. DILIJMAN, Vice-President.
BRAINARD C. BROWN , Secretary,
SMITH ANDERSON
A. O. GOTT
FRANK W. HALLY
p, JORGENSON
A. LATHAM
WM, TAPPAN LUM
-. A. T. SPENCE
A, F. ST, SURE
L, R. WEINMANN
GEO. S. WILLIAMS
Freeholders of the City of Alameda.
Filed, October 26th , 1916.
R. E. BOSSHARD
Oity Clerk of the City of
Alameda, State of California.
(Seal of the City of Alameda.
, R. E. Bosshard , City Clerk of , in and for the City of
Alameda, hereby certify that the above and foregoing to be a
full , true and correct copy of the proposed Charter of the City
of Alameda , as prepared and proposed by a Board of Fifteen
Freeholders thereof and filed in the offce of the City Clerk of
said City on the 26th day of October , 1916.
In witness whereof , I have hereunto set my hand and have
affxed the seal of the City of Alameda this 12th day of January,
1917.
R. E. BOSSHARD
City Clerk of the City of Alameda,
In witness whereof, we have hereunto set our hands and
caused the seal of said Oity to be affed this 12th day of
January, 1917,
F, H. BARTLETT
Mayor of the City of Alameda.
R. E. BOSSHARD
City Clerk of the City of Alameda..
AND WHEREAS, said Charter has been submitted to the legis-
lature of the State of California for approval or rejection with-
44-
out alteration or amendment in accordance with section eight
of article eleven of the constitution of the State of California.
Now , therefore , be it
Resolved by the Senate of the State of Oalifornia, the
Assembly thereof concurring, a majority of all the members
elected to each house voting therefor and concurring therein
that said charter was presented to , adopted and ratified by said
city of Alameda and as herein above fully set forth , be and
the same is hereby approved as the charter of the city of
Alameda.
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President of the Senate.
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Speaker of the Assembly.
Attest:
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Secretary of State.