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1933 Alameda City CharterCHAR TER of the CITY OF ALAMEDA CALIFORNIA ARTICLE 1. BOUNDARIES. Section 1. The .City of Alameda shall continue to be a municipal corporation by the name of City of Alameda. The boundaries thereof are hereby declared to be as fol.. lows: Commencing at a point where the center line of the Tidal Canal intersects the western line of Park Street produced northerly; thence westerly along the center line of the Tidal Canal and the north or Brooklyn Channel Oakland Harbor and the center line of San Estuary to its mouth , as said Brooklyn Channel and pier head lines of San Antonio Estuary were estab- lished by the United States Harbor Line Survey of one thousand nine hundred ten; thence along the center line of San Antonio Estuary produced westerly to its intersection with the western boundary of Alameda County; thence southeasterly along the western boundary line of Alameda County to its intersection with the town.. ship line between township two south , range four west and township three south , range four west , Mount Diablo meridian; thence easterly along said township line to the section line dividing sections thirty-one and thirty-two, township two south , range three west , Mount Diablo meridian; thence northerly along said section line to the northeast corner of lot one , section nineteen , township two south , range three west , Mount Diablo meridian; thence northerly to the center of said Tidal Canal as established 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. 2. Unless a majority of the electors of the city shall affirmatively vote therefor at a general or special munieipal election, neither shall the boundaries of the city be changed, nor shall the city be consolidated with any other city or city and county. ARTICLE II. LEGISLATIVE. Section 1. The legislative power of the City of Alameda shall be vested in a body to be designated the council , and in the electors. Sec. 2. The Council. The council shall consist of five members , who shall serve without compensation. Each councilman shall hold office for four years 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 office for four years and the two receiving the next highest vote shall hold office 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. Three members of the Council shall constitute a quorum, but a less number may adjourn from time to time , and may compel the attendance of absent members in such manner and under such penalties as the council may prescribe. Absence from four consecutive regular meetings , unless excused by the Council , shall operate to vacate the seat of any member so absent. (Amended by tbe vote of the electorate at special election heldJune27.1933) Sec. 4. Powers of the Council. Subject to the provi- sions and restrictions in this charter contained , and the valid delegation by this charter of any of the powers hereinafter included to any person , officer, board committee , which delegation of power, if any, shall con- trol, the council shall ha.ve power in the name of the city to do and perform all acts and things appropriate to a municipal corporation and the general welfare of its inhabitants and which are not specifically forbidden by the constitution of the state 01' which now or hereafter it would be competent for this charter specifically to enumer- ate; and no enumeration or specific statement herein of any particular powers shall be held to be exclusive or a limitation of the foregoing 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; Two. 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-officio mayor; Five. Appropriate annually, and the council must so appropriate , 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 officers and em- ployees not otherwise provided for. Sec. 6. Council Meetings. The Council shall meet at eight o clock p. 111. on the third Tuesday of the month next succeeding the month in which the general municipal elec- tion is held, and shall hold regular meetings twice in each month and at such other times as it shall fix by ordinance. shall not convene at any place other than its regular place of meeting. Its meetings shall be public. Special meetings may be called by the mayor or by three councilmen , by serving. the members personally with written notices, or leaving the same at places designated by the respective members at least three hours before the time of the pro- posed meeting. (Amended by the vote of the electorate at special electionheldJune27.1933) Sec. 7. The Mayor. The mayor shall be recognized by the courts as the official head of the city for the purpose cf serving civil process, by the governor for the purpose of n:iltary law , and shall represent the city for all cere- mOllal purposes. He may take command of the police 3;nd govern the city by proclamation during times of pub- hc danger 01' emergency, and he shall himself be the judge of what constitutes such public danger or emergency. Sec; 8. Absence of the Mayor. If the mayor be tem- po'ral'ly absent 01' unable to perform his official duties the vice-president shall during such time act as mayo 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 bylaw. He shall hold office until removed by a four-fifths vote of the whole council. Sec. 10. Legislative Acts. The enaeting clause of every ordinance passed by the council shall be in these words:Be 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, except as provided by section fourteen of this article. Every ordinance shall be signed by the officer presiding 3;t the time of its adoption , attested by the clerk and pub- lIshed 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 pub- lished once in the city official newspaper within three daysafter the same shall have become a law. The publication of all ordinances granting any franchise 01' privilege shall be at the expense of the applicant therefor. Sec. 12. It shall not be necessary in any action to plead 01' prove the organization or existence of the corporation City of .Alameda, or the passage , existence or validity of any ordInance thereof; and courts shall take judicial cog- nizance thereof without proof. Sec. 13. Any measure that the council 01' the electorate of the city, as herein provided , has authority to adopt the council may, of its own motion , submit to a vote o f the electors at a general or special election. Sec. 14. Time of Taking Effect of Ordinances. Except as otherwise provided no penal ordinance 01' measure passed by the council , granting any franchise 01' privilege and no ordinance or measure making 01' authorizing any contract , except contracts for improvements the expenses whereof are to be defrayed by local assessment , and other contracts where the subject matter involved is of less value than one thousand dollars , shall go into effect until thirty days after its final passage. But ordinances and contracts declared by the council to be necessary as emergency measures for the immediate preservation of the public peace , health or safety. passed by a four-fifths vote of the whole council and containing the reasons for their urgency may go into effect at the wil of the coun- cil , or as otherwise provided by law; provided that a contract in such case shall not obligate the city for a longer period than one year; and provided further that hi case of an extraordinary epidemic or disaster requiring immediate action on the part of any of the public author- ities, an urgency ordinance may be introduced and passed immediat",ly at either a regular or special meeting with- out any intervention of time between its introduction and final passage. Sec. 15. Ayes and Noes. Except as hereinafter pro- vided no bil shall become an ordinance , and no resolution shall be adopted unless finally passed by a majority voteof all the members of the council , the vote 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 payment of money shall be passed at any other thaR a regular meeting or an adjourned regular meeting. Sec. 16. No ordinance shall be reenacted or amended by reference to its title; but the ordinance to be revised 01' reenacted or the section thereof to be amended, shall be reenacted at length as revised and amended. Any ordinance revised , reenacted or amended contrary to the provisions of this section shall be void. Sec. 17. General City Work. In the 4w, im ,e- 1lJ and r I!Jiir of all p1:l?liS" bJJ1L\liUgs and '%9J:k$, in all street and !22Y!'!:"iQr:!, aria in all work in or about bJiXl1 wa,te fEP:It , or in 01' about emlJ:; ~~~ 01' other works''IoF protection against oY -rf!()iY"'""ana lh furnishing any suppli rllat ;i:;-rt!le :t.!1e, when the expendi- ture requlrea""fof"'t1ie"same " shan "exceed the sum of one thousand clol!ars , the same shall be done by cOlltIJict , and sl1arefetto the lowest responsible bidder , " alter np by P!lli .tiQn in the official newspaper. Provided , that the council may reject any and all bids presented and may readvertise, in their discretion , and Provided further , that after rej JiIl l?j2.11 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 bygJi l2r, or the mate- rials or supplies purchased at a lower price in the marki'J) and after the adoption of a resolution toetrf, 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 deter- mine that public interest and necessity demand the imme- diate expenditure of public money to safeguard life , health or property, and thereupon they may proceed to expend or enter into a contract involving the expenditure of any sum required in such emergency. Advertisements for bids need not specifically state the work contemplated , but may refer to specifications on file in the office of the city clerk. Sec. 18. Advertising. The council shall annually call for bids for advertising and a contract therefor shall be awarded to the lowest responsible bidder. Provided, that the council may reject all bids if in their opinion the bid of the lowest responsible bidder is exorbi- tant , and may again call for bids. In lieu of newspaper advertising the council may issue and publish a bulletin containing such matter as they are 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 pI inted cop:es 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 mailing and posting shall be deemed to be of the same effect as if the advertisement had been fully published in the official newspaper of the city. The council shall annually designate as the official paper , a newspaper of general circulation published in this city, which shall have been established at least one year. In no event shall the rate for official advertising exceed the usual rate charged by the paper for publishing legal notices. Sec. 19. No councilman shall be eligible to appointment on any board or commission provided for in this charter except as designated in the chaTter. Sec. 20. Vacancies in the Council. Any vacancy in the City Council , from whatever cause arising, except as other- wise provided in the chapter of this Charter relating Recall , shall be filled by the City Council , provided , how- ever , that any person appointed to fill such vacancy shall hold office only until the next general municipal election at which time a successor shall be elected to serve for the remainder of the unexpired tenn. , for any reason the seats of a majority of the council shall become vacant , the City Clerk shall call a special election to fill the vacancies for the unexpired portions of the terms. Such election shall be conducted as nearly as possible as here:n provided for general municipal elections. In such an event the City Clerk shall have full powers to appoint all election officials , including a canvassing board consisting of three electors , and to do and perform all acts required in connection with said election. (Amended by tbe vote of the electorate at special election held June 27.1933) Sec. 21. Committees of Council. The council shall appoint such standing and other committees as they deem necessary. Sec. 22. The council shall not sell or convey any por- tion of water front or tide lands. No lease 01' sale ofreal shall be authorized by the council except by ordinance passed by the affirmative vote of four-fifths or all the members and no lease shall be made for a periodlonger than years; provided , however , the council by vote or four-fths of all the me.r bel's may authorize leases or the CIty s water front or tidelands for with the right of renewal for afurther term twenty-five years , in accordance with the provisions or statute by which said wate front and tide lands were granted to the cIty. No ordl- nam e for the lease or sale of real estate or for the leaseof water front rights 01' tide lands by the council shall take effect within sixty days from the date of passage. Sec. 23. Whenever an applicant fo:: a franchise or ot person shall pay in advance to tl;e clty the e?,penses of a election , the council may, m Its dIscretIOn , call such at which the proposed ordinance shall be sub- vote of the eleetors. Sec. 24. Expert Accounta,nL Th . couneil shall appoint and fix the ccmpensation of a certIhed pubhc accountant who shall semi-annually investigate the transactions and accounts of all officers having the collectIOn , custody 01' disbursement of public money, or having the power to approve , allow 01' audit demands on the treasury; and who shall have free aecess to all records , books and papers in all departments of the city; he shall t:ave ower to ad- minister oaths and afflrmatlOns, to examme witnesses their attendance subpoena. Hc may at any tm1cof the public and make examinations and thcrein without hindrance. He must exam- ine the official bonds of all officers and investigate the and solvency of sureties thereon. He shall a record of his pro eedings , w!th the names of the examinell and a substantIal statement of the evidence taken. At the close of his investigation he shall fie with the council a written report containing his rec- ommendations. If during his examination it shall appear that a public offense has been committed, or that an official is in default , 01' that the sureties on any bond are insuffi- cient, he shall immediately report to the council , which shall take such proceedings as are authorized by law , and may suspend the official pending such proceedings. Any police officer shall execute the processes issued by him. Sec. 25. Official Bonds. The council shall by ordi- nance, determine what officers shall give bonds for the faithful performance of their duties , and shall fix the amounts of such bonds; and each of such officers shall before entering upon the duties of his office , execute a bond to the city in the penal sum provided by the ordi- nance , including in the same bond the duties of all offices of which he is made by this charter ex-officio 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, which shall be fied with the auditor. All the provisions of any law of this state relating to the official bonds of officers as then existing shall apply to such bonds except as herein otherwise provided. Every officer of the city, before entering upon the duties of his office , shall take and fie with the city clerk the constitu- tional oath of office. Sec. 26. Initiative and Referendum. Legislation may be enacted by the electors of Alameda uuder the general laws of the state providing for the initiative and referen- dum. Sec. 27. Prison Relief Fund. The council may in. its discretion , set aside a sum each year to be known as the Prison Relief Fund. Out of this fund , in the discretion of the city manager , city justice and ehief of police , actiug as a commission , may be disbursed to a prisoner 01' to the family of a prisoner , such sum as the commission may deem a fail' wage for services and work actually performed by the prisoner for the city. Nothing herein contained shall be construed to compel the commission or the city to pay for any work or services rendered by any prisoner. Sec. 5. The foregoing provisions of this article shall not take effed 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 establish a police court. Chapter II-City Attorney. Sec. 6. There shall be a city attorney who shall be appointed 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 actuaUy been engaged in the practice of his professio for a period of at least four years next before his appointment. shall hold office 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 'n 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 other city officers. He shall be the legal ad ".ser of all city officers; he shall approve the forms of all bonds given to and all contracts made with the city; he shall, when required by the councilor any member thereof , draft all proposed ordinances for the city, and amendments thereto; and shall do and perform all . thing's touching his office as the councilor the pre- siding officer thereof may require of him , and at the expiration of his term shall surrender to his successor all books , papers and documents pertaining to the city business. He shall receive a salary to be fixed by the council. ARTICLE II. J UDICTAL AND LEGAL. Chapter I-Police Court. Section 1. The judicial power of the city shall be vested in a police court. to be held by the police judge of the city. Said police court shall have jurisdiction con- currently with the justices ' courts , of aU actions and pro- ceedings , civil and criminal , arising within the corporate limits of the city, and which might be tried in such jus- tice s court; and shall have exclusive jurisdiction of all actions for the recovery of any fine , penalty or forfeiture prescribed for the breach of any ordinances of the city, of all actions founded upon any ob1igation or liabilty created by any ordinance , and of all prosecutio for any violation of any ordinance. The rules of practice and mode of proceeding in said police court shall be the same as are 01' may be prescribed by law for justices ' courts in like cases; and appeals may be taken to the superior court of Alameda County, from aU judgments .of said police court , in like manner and with like effect as in cases of appeals from justices ' courts. Sec. 2. . The police judge shall be judge of the police court and shall have the powers and perform the duties of a magistrate. He may administer and certify oaths and affirmations , and may take and certify acknowledg- ments. He shall receive for his services a salary to be fixed by the council. Sec. 3. In all cases in which the police judge is a party, or in which he is interested , or when he is related to either party by consanguinity or affinity within the third degree , or is otherwise disqualified, or in case of sickness or inability to act , the police judge may call upon any just:ce 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 state. He shall be eleded in the same manner and at the same time as the councilmen , and shall hold office for four years. Section ARTICLE IV. FINANCE. Chapter I-Auditor and Assessor. 1. Auditor. An auditor shall be elected at the general election. He shall hold office for fourand his successor is elected and qualified. Hebe assessor and redemption clerk. His com pensatio for all he may render the city shall be fixed by the and shall not be less than three thou- sand six hundred dollars per annum. He may appoint one or more deputies fox' whose acts he and his bondsmen shall be responsible. (Amended by vote of the electorate at Special Election held Nov. 4, 1930) Sec. 2. The auditor shall be the general accountant of the city. He shall rec:eive and preserve in his office all aceounts, books , vouchers , doeuments and papers relating to the ac:counts and eontracts of the city, its debts, rev- enues and other financial affairs. Sec.:3, He shall lwep 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. must always know the exact condition of the treasury. Sec. 4. He shall approve no demand unless the same has bcen allowed by the couneil, board or other authority directed by the charter to act thereon. Sec. 5. Every demand approved by him shall specify on its face the several items composing it, the amounts and the dates thereof , and shall be numbered and acted upon in the order of presentati Sec. 6. Every demand upon the treasurer , before it can be paid , must be presented to he auditor , who sh satisfy himself whether the money IS legally due , that Its payment is authorized by law , and out of what fund pay- able. 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 consecutive number of its allowance , and shall sign his name thereto. Sec. 7. Except as otherwise provided in this charter no money shall be drawn from the treasury unless in consequence of apl)rOpI'iations made by the council and upon demands duly drawn by the auditor. No wanant shall be drawn except upon an unexhausted fund. Sec. 8. Assessor. As assessor the auditor shall per- form all duties prescribed this charter , by ordinance and by general law, for property for the purpose of taxation.Sec. 9. The of property within the city shall be made for year by the and he shall employ such clerical assistance as may required to properly prepare such assessment. Chapter II-TreasUl'cr and Tax Collector. Sec. 10. Treasmer. A treasurer shall be elected at the general muni(Jipal election. He shall hold office for four years and until his successor is elected and qualified. He shall be ex-officio tax and license collector. I-lis compen- sation for all services he may render the city shall be fixed by the Council and shall not be less than three thousand six hundred dollars per annum. He may appoint one or more deputies for whose acts he and his bondsmcn shall be responsible. (Amended by vote'of the eleetorate at Special Election held Nov. 4. 1930) Sec. n. As treasurer he shall receive and payout all belonging to the city, and shall keep an account receipts and disbursements. Sec. 12. He shall payout money belonging to the eity only upon legal demands allowed and audited in the man- ner provided by this charter or authorized by law. Sec. 13. Tax and License Collector. As tax and license collector he shall perform such duties as are presc:ribed by this charter, by ordinance and by general law. (Amended by vote of the eleetorate at Special Election held Nov. 4, ID30) Sec. 14. Bank may be Treasurer. When not in c:onflct with the constitution of this state , it shall be permissibl in the following manner , to abolish provision for the elec- t' on of a treasurer: An ordinance may be adopted by the vote of the elec- abolishing the provision in this chapter for the a treasurer , and for the salary thereof, and lieu thereof a provision for the alJP int- or banks to act as depositary or deposi- taries of the funds of the city. Such ordinance must pro- vide due safeguards for the proper keeping and disburse- ment of the funds of the city. It may also name the salary of the official 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 provisi ons of this chap- ter. It shall not take effect until the close of the term for which the treasurer then in office has been elected. CHAPTER III-Levying of Taxes Sec. 15. Department Estimates. On or before the sec- ond Monday of May in each year the severa! 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, in- clnding a statement of the salaries of all subordinates. Sec. 16. City Manager to Estimate Expenses. On 01' before the first Tuesday in August in each year the City Manager shall transmit to the Council an estimate of the expenses of the city government for the ensuing fiscal year , stating the amount required to meet the interest and sinking fund for all outstanding funded debts, and the wants of all departments, in detail , showing specifically the amount necessary to be apportioned to each fund in the treasury; also an estimate of the income from fines, licenses and other sources of revenue , exclusive of taxes on prop- erty; also the probable amount required to be levied and raised by taxation. (Amended by vote of tbe electorate at Specht) JCection held Nov. 4, 1930) Sec. 16-a. At any time after the first day of September and not later than the third Tuesday in September of each year , the Council shall deternline the rate of city taxes he levied and collected upon the property assessed for tax- ation within the limits of the city, on the basis of the valuation thereof as shown by the assessment roll in the office of the city assessor; such rate , after allowing one and one-half per cent (1% ';10) of the assessed valuation for delinquencies, must be sufficient to raise the necessary revenue for the City of Alameda for the current fiscal year; provided , however , the same for general revenue pUI'J;oses . shall not exceed the limit of taxation provided for m thIS Charter, and the provisions of law in relation to the same. In fixing such rate the council shall fix the same by designating the number of cents levied on each one hun- dred dollars ($100.00) of assessed valuation of taxable property, specifying the portion of the whole which shall belong to an:y particular fund of the city, an d designating also the port on thereof ppropriated for each special pur- pose o:r specIal bonded mdebtedness of the city. Having determmed on the whole rate to be levied, the Council shall then levy the tax to provide for raising the necessary revenue of the city for the current fiscal year. (Adopted by the vote of the electorate at special election held June27, 1933) Sec. 17. The council shall provide by ordinance a sys- tem for the levy and collection of all city taxes which Syste"! shall conf?r!J' as nearly as circumstanc es may permIt, to the prov1slOnsof the laws of this state. 18. P?Uar Limit.. The amount of the tax levy SuffIcIent to provIde for the payment during the of all demands upon the treasury authorized out of the same; but such levy exclusive of to pay the interest on and maintai'n the sinking of bonded indebtedness of the city, and exclusive tax to pay for street and sewer work and to pay the mainten nce and improvement of the parks and publIc grounds of the city, shall not exceed of one dollar on each hundred dollars valuation property assessed. The council in making the levy apportio the taxes to the several funds. Sec. 18-a. The dollar limit specified in Section 18 of this Article shall not include salaries of employees of the school department. 18-b. The dollar limit specified in Section 18 of shall not include salaries of members of the 19. Emergency Reservation. The limitation in last preceding shall not apply in case of any or emergency. In such case the limitation temporarily suspended. No increase over the dollar limit shall be made in the rate of taxation . author- ized to be levied in any fiscal year, unless such mcrease be authorized by ordinance adopted by vote of the . people or passed by a four-fifths vote of the whole councIl. T character of such necessity or emergency shall be recIted in the ordinance authorizing such action. Nothing in thissection shall authorize the incurring of liabilties not allowed by law or which cannot be paid out of the income and reve nue provided, collected and paid into the proper fund as its proportion of the sam for suc!' fiscal year , or permit liabilities 01' indebtedness ncurred ;n any . one fiscal year to be a charge upon or paId out of the mcome 01' revenue of any other fiscal year. Sec. 20. All sales of delinquent taxes shall be made to the City of Alameda. Sec. 21. If the council fail to fix the tax rate within the time prescribed , then the previous year s rate shall be arbitrarily used and adopted. Sec. 22. No contract made , the expens e of the execu- tion of which is not provided hy law or paid by assessments upon the property to be . shall be binding or of any force unless the aud:torendorse thereon his certificate that there remams unex- pended and unapplied asher in provided , a ba a:lCe of the appropriation 01' fund apphcable hereto , suffIcIent to pay the estimated expenses o f execuhpg such contract 3;s certified by the board or offlCer makmg the sam . ThIs provision shall apply to all work done orsupphes fur- nished. The auditor shall makc such endorsement up every such contract so presented to him if there . :emam unapplied and unexpended such amount so specIfied by the officer making the contract , and thcreafter !'e shall hold and retain such sum to pay the expenses mcurred until the contract shall be fully performed. Sec. 23. The council shall authoriz e the di sbur emer: of all public moneys except as otherwIse provIded m thIs charter , or by state law. Sec. 24. Surplus Returned to General und. At the close of each fiscal year , if all demands agamst each fund have been paid 01' satisfied , and all disputed 01' contested demands fully determined , the council shall direct the treasurer to transfer all surplus moneys to the generalfund, except such surplus moneys as may be in the several interest and sinking funds and in such other funds the dis- position of whose surplus moneys is otherwise provided for. Sec. 25. All moneys derived from the sale of bondsincluding premiums, and interest accruing by reason of the dep ositing thereof, shall be applied only to the purpose for WhICh the bonds were voted. Any moneys remainingafter the work for which the bonds were voted has been ompleted and paid for , shall be applied to the payment ofmterest on or to the retiring of such bonds. Sec. 26. Board of Equalization. The council shall meet at the usual place of holding meetings , on the first Tuesdayof September of each year , at ten o clock in the forenoon said day, and sit as a board of equalization. It shall power to hear complaints , and to correct , modify orout any assessment made by the assessor and may its own motion , raise any assessment , upon notice to whose assessment is to be raised. Such corrected constitute the assessment roll for the fiscal year. be certified by the city clerk , who shall act as clerk board of equalization. 27. Any demand against the treasury remaining at the end of the fiscal year for lack of moneyto its payment may be paid out of any money subsequently come into the proper fund fromtaxes 01' other uncollected income or revenueSuch demands shall be paid out of such revenue when collected. All moneys received from taxes , licenses , fees and forfeitures , and all moneys which may 01' received by any officer of the city in his capacity, 01' from any department of the city, for of any official duty, and all moneys accru- city from any source , and all moneys directedor by this charter to be paid 01' deposited in the shall be paid into the treasury daily. 29. On the first day of each month every officer by law to charge any fee , commission , per- centage, allowance or compensation , must make a wl'itten report to the auditor of all moneys received by him during the preceding month. Sec. 30. All demands for salaries fixed by law , ordi- nance or this eharter , and made payable out of thc treas- ury, may be allowed . by the auditor without previous approval by the councll. ARTICLE V. l'cDUGATION. Chapter I-School Department. Section 1. Board of Edueation. The control of the school department shall be vested in a Board of Education which shall consist of five members each of whom shall hold office for a term of five years nd until the appoint- ment and qualification of a successor. Such terms shall begin on the first day of May and shall alternate so th:: the term of one member shall end on the 30th day of ApI'l of each year. The members of the Board of Education who shall be in office at the time this charter shall take effect shall remain in office until the expiration of their respec- tive terms. Thereupon and thereafter the vacancies occur- ring by expiration of the terms of the incumbents shan be fined by appointment made by the Mayor with the approval and consent of the City Council. Any vacancy occurring prior to the expiration of a term shall be fined by appoint- ment, made as hereinabove provided , and such appointee shall serve for the unexpired term. Members of the Board of Education shall serve without compensation. (Amended by the vote of the electorate at special election held June 27 J 1933) Sec. 2. Organization. The board shall organize annu- ally by electing one of its number president, whose term of office shall be one year , and until his successor is elected and qualified. Sec. 3. Meetings. The board shall hold regular meet- ings. at least once in each month , and at such other times as it may determine. Special meetings may be called at any time by the president; and the president shall call a speeial meeting at any time when requested in writing so to do , by any two members. Absence by any member from four consecutive regular meetings , unless such member be excused by the board by resolution entered upon its min- utes, shall work a forfeiture of office. Sec. 4. Powers of the Board. In addition to the powers and duties prescribed by the general laws of the statethe board shall have power: . On . To establish. and maintain public schools , includ- mg mdergarten , pnmary, grammar , high , technical , and eyenmg schools , and to change , consolidate and discon- tmu the same as the welfare of the department may reqmre; . Provid,;d, that no teacher shall be elected to a position m any of the public schools of the city unless he 01' she be a properly accredited graduate of either a California state normal school , the University of California the Leland Stanford Junior University, 01' of an institution of equal .rank , or :vho has had at least two years success- ful teadung expenence; To manage and control the school property; Three. To employ, pay, promote , transfer and dismiss tea ers d other employees; to fix , alter and approve the r salanes and compensation , and to make rules gov- ernmg the same; Pour. To prov.ide the department with all necessary and to ll:cur such other incidental expenses as be necessary for the welfare of the department; To construct , repair , alter , rent and provide houses; to supply them with proper furniture and appliances , and to insure any and all schoo against loss by the elements; To recommend and anange for the purchase sale and exchange of school lots and other school ' prop to take char ge of any and all real estate and per- which may have been or may hereafter be use and benefit of the public schools of proceeds of any sale and the income from property shall be used for school purposes; Seven. To sue and to prosecute and defend actions at law 01' in equity in the name of the board of education and to employ counsel therefor in case the district attorney 01' the city attorney be disqualified or unable to act. Sec. 5. School Superintendent. The board of education shall appoint a superintendent of schools , who shall hold office for four years unless sooner removed by a vote of four members. He shall be the executive officer of the board in all matters relating to instruction , discipline and conduct of the schools. He shall receive such compensation as may be fixed by the board. He shall be ex-officio the secretary of the board and shall act as bookkeeper for the board , without extra compensation. He shall attend all sessions of the board , and shall make such reports as the board may require , or as he may deem to be for the interest of the department. Sec. 6. The board shall appoint an assistant secretary, whose compensation shall be fixed by the board. Sec. 7. The board of education shall organize and act as a high school board as provided by law. Sec. 8. 'fhe board shall determine annually the amount of money necessary to support and maintain the public schools of the city and to carry into effect all provisions of law regarding the same , and shall , on 01' before the second Monday in May of each year , submit in writing to the council an estimate of the money to be received from the state and county and an itemized estimate of pro- posed expenditures for the next fiscal year , with a request for such additional money as they may need in excess of the amount to be received from the state and county. Such additional money, when collected, shall immediately be paid into the school fund of the city, which fund shall be drawn upon only by warrants for claims duly allowed by the board against the school department. The wal'ants must be signed by the president and secretary of the board and by the auditor. Chapter II-Free Library. Sec. 9. Free Library Trustees. The Alameda Free Li- brary shall be under the control of a board of live trustees receive no compensation. The members of the who shall be in office at the time this charter shall effect s all remain in office until the expiration of respectIve terms. Thereupon and thereafter the va- expiration of the terms of the incum-shall by appointment made by the Mavor the appro al and consent of the City Council. Such shall begm on the first day of May and shall alter- that the t rm of one trustee shall end on the thir- of A l'l .of e ch year. Any vacancy occurring expllatI?n of a term .shall be filled by appoint- made as heremabo,:e provIded , and such appointee serve for the unexlnred term. by the vote of the electorate atspecial election held June 27.1933) 10. The board of library trustees shall meet atonce a r.onth at such time and place as they may resolutIon.. Special meetings may be called at anythe presIdent or by two trustees. A majority of s)1all constitute a quorum. The board shall one of l S n mber president , who shall serve for one untIl hIS successor is . elected , and in his abse)lce shall select a presIdent pro tem. The boardcause a proper record of its proceedings to be kept. Sec. 11. The board of library trustees shall have power: To mak and enforc !,ules , regulations and by- for !he admIllstration , government and . hbrary, and all property belonging AU fines collected shall be deposited with the to the credit of the library fund; To administer any trust declared 01' created for and to rec ive by gift , devise 01' bequest and 01' otherwIse , property situated in this state and when not otherwise provided dispose the benefit of the library; To prescribe the duties and powers of the secretary a d other officers and employees of to determme the number of and appoint all and employees , and to fix their compensation; To purchase necessary books , journals , publica- other personal property; Five. To request the secretary of state and other state officials to furnish the library with copies of any and all reports, laws and other publications of the state not other- wise disposed of by law; Six. To boI'OW books from , lend books to , and ex- change the same with , other libraries and to allow non- residents to borrow books upon such conditions as the board may prescribe. Sec. 12. The board shall, on 01' before the last day of July in each year, make a report to the city council , giving the condition 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 at Sacramento. Sec. 13. Library Fund. 'fhe board shall determine an- nually the amount of money necessary for the mainte- nance of the library. They shall, on or before the second Monday in May, each year , submit to the council an item- ized estimate of the amount so determined. If this amounts to seven cents , or less , on each one hundred dollars of assessed valuation, it shall be added to the amounts other- wise provided by them to be levied and collected for city purposes. Any amount in excess of seven cents per hun- dred dollars valuation shall be at the discretion of 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 pro- vided. Sec. 14. All money acquired by gift , devise, bequest, 01' otheTwise , for the purpose of the library, shall be credited to the library fund, and shall be applied to thepmpose therein authorized. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise , or bequest , the board shall provide fOT the safety and preservatio of the same, and the application thereof to the use of the library, in ac- cOI'dance with the terms and conditions of such gift , devise 01' bequest. 15. All claims against the library fund which shall been allowed by the library trustees a n'd signed by and secretary thereof and by the auditor paId by the treasurer from said fund. 16. The use of the library shall be subject to such as may be made by the board , for violation of any 'p rson may be fined, suspended 01' excluded the pnvIleges of the library. 17. When not inconsistent with the terms of its and when not otherwise designated the title acquired for the pmpose of the lib ary shall City of Alameda , and may be sued for and by action at law 01' otherwise , in the name of of Alameda. The library board shall have full management and control of such property. ARTICLE VI. DEPARTMENT OF ADMINISTRATlON. The department of administration when to, shall be held to include the depart- safety, he departmen of health and the depart- recreatIOn; also , subJect to the city ordinances the control of all street and sewer work repai of buildings , excep t such as may control o the l:oard. ?f. educatIOn , the library board of publIc utIlItIes; the control of all quays and waterfront property belonging control of the city, and the development It shall embrace all other executive and admin- functions of the city government not otherwise for. ARTICLE VII. CITY MANAGER. The c uncil s hall appoint a City Manager. not be a resIdent of the State of California at the appointment. His salary shall be fixed by the and shall r:o thereafter be Teduced except by . vote of four members thereof; nOT in any saId salary be less than ThTee Thousand Dollars per annum. He shall hold office until removed by the affirmative vote of four members of the council. (Amended by the vote of the electorate at special election held June 27, 1933) 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 this charter , all heads of departments, subordinate officials and 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, controlling or operating public utilities within the city limits, in so far as any of them are subject to municipal control. This provision is subject to other charter pro- visions relative to such public utilities as now are or may hereafter be owned by the city; Four. To keep the council fully informed as to com- pliance with the law in the operation of public utilties within the city limits; to see that ,the provisions of fran- chises , permits and privileges granted by the city are fully observed , and to report to the council any violation thereof; Five. Board of Social Service. To appoint a board of social service , which shall , under him , have charge of all matters pertaining to the care and relief of the needy, the establishment of employment bureaus, day nurseries and the like. Said board shall , under the city manager, have charge of the expenditure of the relief fund providedby 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 city except those of education and public utilties; and those departments he shall assist in making purchases requested to do so by the respective boards in control Seven. To attend all meetings of the council unless therefrom by the council or by the mayor; Eight. To examine 01' cause to be examined , without the conduct of any officer or employee in the de- of administration; To keep the council advised as to the needs of To appoint a secretary, whose compensation shall by the council; To prepare 01' cause to be prepared , plans etc., for work which the council may order his supervision; To have control , subject to such ordinances as time to time be adopted , of all public utilities and operated by the city and not by this charter to other control; To devote his entire time to the interests of He may appoint advisory boards of such of members as he may deem best , to confer with assist him in his management. city manager shall not be subject to the influence of the councilor of any member appointment of any subordinate , or in the of purchases. the absence or disability of the city manager shall fill the vacancy by temporary appoint- City Engineer. The city manager shall appoint He must he a civil engineer , , who has not less than five years. He shallto the work of the city, under the manager. He may be directed by the for private parties inside the city shall be rendered by the city man- fees collected shaH be paid into the city by a statement of the services engineer shall do no private work city manager may appoint a street may combine in one appointment the 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 to city engineers and to county suryeyors. He shall be the custodian of and shan be responsIbl for all maps, plans, profiles , field notes and other re and .mem?r- anda belonging to the city and pertammg to hIS offIce and to the work thereof; all of which he shan keep in proper order and condition , wit full indexes the!eof , and shall turn over the same to hIS successor , takmg from him duplicat receipts therefor , one of which h shall file with the auditor. An maps , plans , profiles, field notes estimates and other memoranda of surveys and other pro- fessional work made or done by him or under his direction 01' control , during his term of office, 01' 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 appoint a chief of police. He shan (a) appoint and remove all subordinates in the police department , subject to the provisi hereafter stated; (b) make rules and regulations for the government of the police department; (c) prescribtests for examination as to fitness of applicant for posi- tions in the police department. All appointment to the police department shall be made after competitive ex- amination. Sec. 9. Fire Department. The city manager shall point a chief of the fire department, and shall (a) appomt and remove all subordinates in the fire department, sub- ject to the provision hereafter stated; (b) make rules and regulati ons for the government of the fire department. Al! appointments to the fire ' department shall be made after competitive examination. Sec. 10. Any charge brought against a member of the police department 01' fire department , who has been in the service of the city for five years, ?hall be he:;rd by the City Manager , and he shall detenl1ne the pumshment or to be given in the case. In the event of a d,ismissal otherwise , the discharged person shall have the appeal from the order of dismissal to the police board of appeals, which board is hereby estab- Said board shan consist of the mayor and two of the city, who shall serve without compensatio appointed by the council , said appointment being term of two years. No state , county or city official for appointment. In the case of the first hereunder , lots shall be drawn for a one year two term , and thereafter one member each year. A majority vote shall con- may adopt its own rules of procedure. to such board shall be taken by the fiing of a of appeal , duly signed by such discharged stating the grounds upon which such appeal is notice shall be filed with the City Manager served upon said board within thirty the order of dismissaL If such notice within such time , the order of dis- Upon the filing of any such shall set a day for the hearing thereof. against appellant shall be tried anew by said decision of the board shall be rendered withinfrom the date such appeal is taken. vote of the electorate at special election held.J une 27,1933) ARTICLE VII. DEI' AR'lMENT OF HEALTH. Health Officer. The city manager shall ap- officer who may also be the city physician office during the pleasure of the city man- have the degree of Doctor of Medicine a license to practice medicine in the StateHe shall have practiced medicine for at health officer he shall have all the powers subject to all the duties conferred on boards on health officers by the general laws of the shall have such other powers and duties as may by ordinance. Sec. 8. City Physician. As city physician he shall at- tend free of charge, when called upon , the injured and the indigent sick of the city. He shall have charge of any receiving hospital or dispensary established for the treat- ment 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 efficiency of the department , including a veterinarian and a sanitary and plumbing inspector. Sec. 6. He may, with the written consent of the city manager , appoint also , one or more physicians, emergency surgeons, bacteriologists , chemists , food and market in- spectors , and a clerk of the department , and may prescribe and direct their duties. ARTICLE IX. DEPARTMENT OF RECREATION. Section 1.. The city manager shall have supervision direction and control of all playgrounds and recreation centers , and of all games , recreation , athletic sports and physical exercises that now are or shall be permitted to be conducted in any of the playgrounds 01' recreation centers of the city. Sec. 2. He is empowered to employ all necessary super- visors and assistants , to discharge them , and to adopt rules and regulations for the conduct of the department. Sec. 3. He shall keep a record of all proceedings rela- tive to the playground activities , and shall make to the council , on 01' before the second Monday in May of each year , a report in writing thereof , and an itemized state- ment of expenditures during the preceding year , embody- ing recommendations for the development , control and use of playgrounds and recreation centers. Section ARTICLE X. DEP ARTMENT OF PUBLIC UTILITIES. 1. There is hereby created a board of public which shall control tht;. c?nstruction , operation and. funds of all utIlItIes from which income wh1Ch now are or may hereafter be owned The board shall consist of five members. The shall be, ex-officio , a member of said board. members shall be appointed by the Mayor approval and consent of the City CounciL At leastsuch shall be a registered civil , mechani- engmeer. appointive members shall each hold office for a years and until the appointment and qualifi- successor. Such terms shall begin on the first and .shall alternate so that the term of one expIre on the. 30th day of April of each year. occurrmg: pl'or to the expiration of a term by app nntment , made as hereinabove pro- such appomtee shall serve for the unexpired of the board of public utilties in office at . section , as mended , shall become effective 11 offIce untIl the expiration of the term for were respectively appointed and until their appointed and qualify. sectio.n. shall become effective there shall be addIt onal members on said board , one of . appomted for a term ending on April 30 for a term ending April 80 , 1936. vote of the electorate at special election heldJune27, 1933) board shall organize annually at its first by electing a president and vice- a secretary. Three shall consti- hold a regular meeting on the Wednesday of each month at eight of the Department of Public Utilties other meetings as they shall determine of the electorate at 8vecial election heldJ"une 27.1933) city treasurer shall keep the fund of each Any su plus to . t he limit of fifteen per value of any utIlIty may be invested by direction of the board in bonds of the City of Alameda , or in state, county or municipal bonds of th s state , or n: be transfened to the general fund of the CIty by resolut of the board of public utilities. Copy of such resolutJOn shall be transmitted immediately after its adoption by the board to the city council. Said fund so transferred by such resolution shall thereupon become part of the general fund of the City of Alameda. (Amended by the vote of the electorate at special election held June27, 1933) Sec. 5. The books of each utility shall be kept in suc form as is required by state regulation governing publ1c utilities , and a monthly Teport in detail shall be made to the council. 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 utility within the limitations as hereinafter stated. (Amended by the vote of the electora,te at special election heldJune27 ,1933) Three. To employ, fix the compensation of and dis- charge employees; Four. To do work for other departments of the city at cost. Sec. 7. On or before the second Monday in May of each year the board shall prepare and submit to the council an estimate of income and expenditure of each utilty for the coming fiscal 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. In the event that the president be temporarily abseD:t , or unable to perform his offieial duties, the vIce-presIdent shall sign such demands. (Amended by the vote of the electorate at special election heldJune 27.1933) Sec. 9. The board of public utilities shall not. incur any expenditure , or enter into any contract for serVIces or for the sale or purchase of any property of whatsoeover nat ure involving a sum in exeess of Three Thousand Dollars wIth- of the city council , except as otherwise 10 and 11 of this article. 01' contracts other than insurance exceeding dollars in amount shall be advertised by theshall be awarded to the lowest responsible all bids are rejected. for the sale .of equipment 01' other property, herein otherwise provided , exceeding one thou- in value shall be advertised by the board and to the highest responsible bidder , unless rejected. vote of the electorate at special eleetionheldJune27.1933) The board shall control the generation , pur- and sale of electrical energy, and shall alled activities , such as electrical inspec- and police telegraph and telephone system may be operated by the city. It shall also and distribution of water , gas and the commodity acquired by purchase of the any person or corporation supplying a public board shall have power to enter into a not to exceed five years , for the pur- or electrical energy, or for the pur-of utilty. No such contract by ordinance. The distribu- acquired shall be subject to the Such contracts shall not be of Section 22 , Article IV. Such effect until sixty days after its of the Board of Public Utiities at special electionheldJune27 1933) ARTICLE XI. ELECTIONS. Chapter I-General Elections. shall be held on in November ofafter the make oath tnat the statements therein are each signature is the genuine signature of whose name purports to be thereto subscribed. shall b proposed by not less than fifty of the CIty. No more than ,one candidate a?r one petition , . and no person may sign petItIOn for a candIdate for anyone office. shall be presented to the city by the written acceptance of the the clerk. He shall immediately and therefrom shall ascertain signed by the requisite number of He shall , within five days, attach his petition , showing the result of his ex- each even numbered year. The first election under this Charter shall be held on Tuesday, November 6, 1934. (Amended by the vote of the electorate at special election held June 27 , 1933) Sec. 2. Elections shall be neld and conducted as nea!ly as may be, in accordance with th provisio s of th electlOn laws of the state , except as herem otherwIse provIded. Sec. 3. Terms of Elective Officers. Elective officers shall hold office for a period of four yeaTs from and after eight o clock p. m. of t e third Mor:day ?f December fol- lowing the day of electIOn and untIl theIr successors . are elected and qualified; provided , however , that the offIcers elected at the general municipal election held in ovemb in the years 1934 and 1936 for the full terms endmg on the third Monday in December in the years 1938 and 194 respectively, shall not take office until the third Monday m April following their election. The elective officers of the city in off.i at the time. th section as amended shall become effectIve , shall remall II office until the expiration of the term for which they were respectively elected and until their successors are elected and qualified. (Amended by the vote of the electorate at spedal eleetion heldJune27 , 1933) Sec. 4. In the election of councilmen after the first general municipal election, where full terms and one 01' more unexpired terms are to be filled , the person or per- sons elected by the highest number of votes shall be elected for the full term , and the person or persons re- ceiving the next highest vote shall be elected for the short term 01' terms, as the case may be. Sec. 5. Nominating Petitions. The mode of nomina- tion and election of officers to be voted for at any general municipal election shall be as follows: Not later than thirty days and not earlier than days before any general municipal election city may, by written petition , prese.nt naI?s of for election. The signatures to saId petItIOn appended to one paper, ut each .ner shall signature his place of resIdence : gIVmg str when such designation can be gIVen. One of the Any candidate may withdraw by clerk , before the publication hereinafter statement of his desire to withdraw' the city clerk shall strike his nam Immediately after the city clerk shall enter the nameswith the offices to be filled , and before the day of election shall at least ten days before the three times in the official the election. Said proclama-of the time of the election, and the names of the candidates, mayor and attested by the city Article XI repealed 'March 8, 1927) of Qualifications. At least thirtyelection each candidate must de- the City Clerk , a verified state- thereof equal to the number of copy shall be printed on white nine inches long, and shall havethereon, followed is a candidate , and a ") ,' 0i) statement as to his residence , place of birth , present occu- pation , whether or not he has been convicted of a felony or a misdemeanor involving moral turpitude, and what public office he has held and whether . he is a taxpayer in the City of Alameda. He may give such other information regarding his experience and qualifications as might enable the electors to estimate his fitness to fill the office. 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. Any material mis-statement of facts required herein shall disqualify a candidate from holding any office in this city. (Amended by the vote of the electorate at special election heldJune27, 1933) Chapter II-Recall. Sec. L Recall. The holder of any elective office of this city may be removed 01' recalled from office at any time by the electors; provided he has held his office at least six months and no recall petition has been filed against him within a like period. The provisions of this chapter are intended to apply to officials now in office , as well as those hereafter elected. The procedure to effect such recall shall be as hereinafter set forth. (Amended hy the vote of the electorate at special election held Junc 27, 1933) Sec. 2. Filng of Notice of Intention. Recall proceed- ings shall be instituted by the filing with the City Clerk of a l\jotice of Intention to circulate a petition for recall. Such notice of intention shall be signed by three or fied electors of the city and shall state theof the officer sought to be recalled and con- tain a general statement , not exceeding three hundred words in length, setting' forth the grounds on which recall of such officer is sought. Said statement , and the answer thereto hereinafter vided for, shall be intended solely for the information the electors and no defect in the form 01' substance shall in any manner affect the validity of any such proceedings. Every person whose name is signed to his or her address therein. Each person ust acknowledge his signature authorized to take acknowledgments in certificate of acknowledgment of such to said notice or endorsed thereon. and filing of said notice the City Clerk he date of such filing. at special election held June 27,1983) Notice. Within seven days fromand notice of intention provided for in the a true copy of said notice shall be officer sought to be recalled 01' by registered mail , by depositing States post offce in this city, in aprepaId, addressed to suchin the city. If made by deemed complete at the time of the said notice in the United States post the party making such service shall be the City Clerk. Said affidavit shall the place where , and the manner electorate at special election held June 27. 1933) fourteen days after the filing the officer sought to be recalled an answer in which he may not exceeding three hun- answer to the general statement ?f intention , or any other justifica- offIce. and acknowledged by the before an officer authorized to and the certificate of acknowledg- shall be attached to said answer or filing of said answer the city clerk the date uf such filing. If such answer filing withiu the time herein specified or if such answer does not conform to the requirements herein set forth , the City Clerk shall refuse to fie the same. (Amended by the vote of the electorate at special election held June 27. 1933) Sec. 5. Petition for Recall. Contents. A petition de- manding the recall of an elective officer of the city shan be addressed to the council of the City of Alameda and shall state the name and office of the officer sought to be re- called and shall contain a copy of the original notice of intention filed with the city clerk , and a copy of the answer , if any, fied by the officer sought to be recalled. If said offcer has not filed any answer within the time herein limited , then said petition must so state. A petit:on demanding- the recall of an elective officer of the city shall be filed with the city clerk. Such petition shall be signed by qualified electors of the city equal in number to at least twenty-five per centum. (25')';) of the total number of persons voting at the gen- eral municipal election next preceding the filing of such petition. The signatures to the petition need not all be appended to anyone paper. Any petition for recall may consist of several separate sections and each such separate section may consist of several sheets of paper attached together; provided , however, that each such separate section shall contain a full and accurate copy of the title and text of the petition. (Amended by the vote of the electorate at special election heldJune27, 1933) Sec. 6. Signatures. Each signer of a recall petition shall sign his or her name in ink 01' indelible pencil and shall add to such signature his occupation and place of residence , giving street and number , where such street or number or either exist, and if no street or number exist then such a designation of the place of residence as wil enable the location to be readily ascertained. Each shall also add the date of signing opposite his or her (Amended by the vote of the electorate at special election heldJune27, 1933) Sec. 7. Verification of Signatures. There shall be at- tached to each petition , and to each separate section thereof , an affidavit made by a qualified elector and SWOl'n to before an offcer competent that the affiant solicited signatures to that and saw wrjtten the signatures appear- and that accordmg to the best information the affiant , each is the genuine signature of name purports to be thereonto sub- a qualified elector of the city. vote of the electorate at RPeeia.l election held June 27,1983) of Petitions. The petition demand- officer n med in said notice may not the q ahfied electors of the city for sIgnatures thereon until the ex- after the filing of said notice of clerk. electorate at special electiou held June27. 1933) of Si!\natures. Any signer of afile wIth the city clerk a verified If said revocation is filed with the petition is certified to by him , he electorate at special election heldJune27 , 1933) Petitions. Within forty-five days of the notice of intention provided all sections comprising any recallwith the city clerk. The clerk shall the date of filing and the name requesting the filing of the same. sections shall together be deemed and at special election held June 27.1 H33) of Petition. Certificate. Within of time limit set forth in sec- clerk shall examine and from theascertain and finally determine is signed by the requisite and shall forthwith attach to properly dated , showing the at special elect.ion held June 27 1933) Petitions. If , by the clerk's cel'- IS shown to be insufficient , the same may be supplemented by filing with the .city clerk, :n!thi fifteen days from the date of such certIficate , addItlOnal and supplemental petitions , duplicates of and iden al with the original petition, as to the text of the petItlO , but containing additional signatures. The city clerk shall en- dorse on such petitions the date of filing and the name of the person or persons requesting the filing of same. Within ten days from the expiration of the time limit as set forth in this section , the city clerk shall make like examination of the supplemental petitions as of the orig- inal petition and shall attach hi:o certificate thereto , prop- erly dated , showing the result of such examination. Sec. 13. Insufficiency of Petition. If the clerk' s certifi- cate shall show that all the valid signatures on said peti- tion, including those contained in the supplemental peti- tions, are stil insufficient , no further action shall be taken thereon' but the petition shall remain on file as a public record. 'The failure to secure sufficient signatures on such petition shall be without prejudice to the institution of new proceedings for recall. (Amended by the vote of the electorate at special election heldJune27, 1933) Sec. 14. Clerical Assistants. If required by the city clerk , the city council shall authorize the clerk t plo'y in addition to the persons regularly employed by hIm m. hIs office such persons as may be necessary :: examma- tion of said petition and supplemental petItIo and shall provide for the compensation to be paid such persons. (Amended by the vote of the electorate at special election heidJune27 , 1933) Sec. 15. Election. If the petitio , either as originally filed 01' as supplemented , shall be found. to be suf!icient , the clerk shall submit the same to the CIty councIl together with his certificate thereto attached , at the next regular meeting of said council after the date of J:is certificate of such sufficiency. The councIl shall forthwIth cause a spe- cial election to be held within not less than thirty- five nor more than forty-five days after the date of the order call- ing such election , to determ ne whether the . eJecto-;s wil recall such officer. One electlOn shall be SUffICIent for the recall of one or more officials. Should a regular municipal election occur not more than sixty days nor less than from the time of the rec ipt of the petition from the clerk , the councIl shall provide for of the question of such recall at such regu- At any such regular election , when the ques- recall of an .officer is submitted , the ballots for of the vote on the question of such recall separate from any other ballots used in such thp. vote of the electorate at special election held June 27.19:13) Form of Ballot. The ballots at such recall conform to the following requirements: be printed thereon the following question: of person against w hom the recall petition the offIce of the (title of the which question shall be the and "No " on separate lines with a blank of each , in which the el ctor shall indi- a cross (X) his vote for or against such more than one person is sought to be re- election , the question of recall shall be each person separately. vote of the electorate at special election held June 27.1933) Ballot. The city clerk shall cause to be to each elector of the city at least ten recall election , a sample of the ballot to of Votes. The votes shall be canvassed the day of said election and if of those voting at said lection of the recall of any incumbent or incumbents shall be deemed and a vacancy 01' vacancies as the be deemed to exist therein. of Recall Proceedings. Proceedings shal be deemed pending from the of the NotIce of Intention to circulate a of such officer. the electorate at special election heidJune27, 1933) of Fillng Vacancies. In the event should Pl'evail 01' in the event that any officer should resign while proceedings for his recall are pending, the vacancy 01' vacancies caused by such recall are resignation shall forthwith be filled by the City Council by appointment. Any person so appointed shall hold office subject to the contingency hereinafter provided for until the next general municipal election , at which time a person shall be elected to serve for the remainder of the unexpired term; provided , however , that in the event that a special election be ca1led and held pursuant to the provisio con- tained in tbe next succeeding section , then any such pointee shall hold office only until the date on which special election shall occur , at which time his tenure of office shall terminate. (Amended by the vote of-the electorate at special election held June 27.1933) Sec. 21. Petition for Special Election. days from the date of any appointment made Council pursuant to and in accordance of Section 20 he1'eof, a petition may be the Clerk requesting that a special election be held for purpose of electing an incumbent 01' incumbents for any such office , to serve in the place of the person 01' persons so appointed and for the l:alance of the unexpired term of the officer 01' officers recalled 01' 1'esigned. Such petition shall be addressed to the City Council shall state the office 01' offices sought to be fi1led l:y special election and the name of the person 01' persons whose tenure of office is sought to be terminated. Such petition sha1l be signed by qualified electors of City equal in number to at least forty percentum (40%) the total. number of persons who voted at the next ing municipal election. Any petition may consist of several sepa1'ate and each such section may consist of several sheets paper attached together; provided , however , that each separate section shall contain a full and accurate copy the title and text of the petition. The signatures on such petition shall be affixed and several sections thereof verified in the same manner plOvidcd for recall petitions in sections G and 7 hereof. 4.0 days from .tl;e expiration of said thirty such petItlOnbe filed , the City Clerk . the .cords of registration deter- saId petitIon is signed by the requisite cto1's and sha1l forthwith attach to certIficat , properly dated , showing the be found to be su ffcie , the City the same;, together wIth hIs certificate to the CIty Council at its next regular the ?ate o his certification. There- forthwIth call a special election thirty-five nor more than fortv order calling such election. Any an offIce at suc special election sha the ..nexpIred term of the officer saId offIce and who resigned or was contained sJ:all bar an appointee of the a candIdate at such election. electorate at special election heldJune27 , In3B) COl mission. In the event that a ma- councIl . shall be recalled at one and the and m that case the city clerk shalla special election to fill such be held not less than thirty- days after the date of the election. In such an event the full power to appoint all election perform all acts required in con- The city clerk shall name th1'ee shall act as a canvassing board said election and who shall de- Before entering upon his duties board shall take the con-n a regular municipal election days nor less than forty the votes aforesaid , the fillmg of the vacancies at such special election heldJ'une27 , H)33) Sec. 23. All recall elections and all special elections to fill any vacancy created by recall or by resignation pending recall proceedings shall be conducted , as near as may be, as in this charter provided for general municipal elections. (Amended by the vote of the electorate at special election held June 27. 1933) Sec. 24. A person who has been recalled from office 01' who has resigned while proceedings for his recall were pending, shall not be a candidate and his name must not appear on the ballot as a candidate for the same office , at any election at which the vacancy caused by his recall or resignation wil be filled. (Amended by the vote of the electorate at sp",cial election held June 27, 1933) Sec. 25. Interpretation. This chapter shall be liberally construed to promote the objects thereof , and no error omission 01' irregularity not affecting the substantial rights of any citizen 01' public official shall ever be held to invali- date any proceedings taken hereunder where the require-ments of this chapter have been substantially complied with. (Amended by the vote of the electorate at special election held JU11c27, 1933) ARTICLE XII. FRANCHISES. Section 1. Franchises to Use Streets. Every franchise, permit 01' privilege for the purposes hereinafter enumer- ated in this section shall, except as otherwise provided in the constitution of the State of California , be granted by ordinance upon the condition specified in this article , and not otherwise. One. Every franchise , permit or privilege to construct 01' maintain or operate a stl'eet railroad , a suburban rail- road , or an interurban railroad along, upon, over , in , under or across any street , lane , alley, court, highway, road, park or other public place in the City of Alameda. Two. Every franchise , permit or privilege to lay 01' maintain or operate pipes 01' conduits under or across any street , lane , alley, road , park or other public place in the City of the purpose of transmitting e1E ctlical energy, water , ga,; steam , oil, ail' or other substances. Every franchise , permit 01' privilege to erect poles or to string wires along, upon 01' across any street, lane , alley court park or other public place in the 'City o purpose of transmitting electrical energy. New Franchises. New franchises may by ordinance , to the person the efor the highest percentag . reyenue rec elved from the use , operation of saId franchIse , fixed as herein provided. of a written pplicatio from any person a cash deposIt or certIfied check sufficient of such advertisement , the council may the franchIse referred to in said applica-to be published for at least five describing the nature ofconditions thereof and will be offered fo ' sale firm 01' corporation offering of net receipts percentage shall not be less Any responsible person firm or at said sale and may aise the not less than one per cent until by the council to the person the highest percentage of th council .may in its discretion reject may wIthdraw said franchise from bids. E:very bidder , before his must fie with the city clerk a a cash deposit in an amount cost of the advertisement herein of the successful Gidder, or so necessary, shall be used to pay and all other deposits shall by the council of any bid Resettlement Franchises. Resettle- be granted by the council by ordi- nance , subject to the approval of a majority of t elect of the city voting thereon at a general 01' specIal electlOn called an d conduc.ed as provided by law for other munici- pal elections , upon application therefor made within three years from the date of the taking effect of this charter by any person , firm 01' corporation actually engaged in operating a public utility in the City of Alameda at the time this charter becomes effective. Any resettlement franchise shall provide for the surrender of any or all of the franchises owned 01' claimed by the grantee of such resettlement franchise and for the acceptance in lieu thereof of the rights and privileges granted in the resettle- ment franchise for the continued operation of such utilty within the limits of the city, 01' such portions thereof as had theretofore been operated under the franchises so surrendered. It shall also provide that new franchises granted to the holder of any resettlement franchise shall be considered as a part of the resettlement franchise , and that the council may by ordinance grant to the holder of such resettlement franchise the right to make extensions of appliances and service , which said extensions shall be subject to all the obligations and conditions of such-reset- tlement franchise. Every Iesettlement franchise shall pro- vide for the payment 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 Resettlement Franchises; Valuation. (1) The valuation of all property of the franchise grantee used or useful 01' in the judgment of the council prospect- ively useful , i the operation of the utility for which aid franchise is granted , and owned by the grantee at the time of the granting of such franchise shall be fixed by the Railroad Commission of the State of California , or its successor in interest, said valuation thus fixed to be set forth in the franchise ordinance. To this valuation shall be added the cost of all additions , extensions , and better- ments and from this valuation shall be d(Jducted the value of property sold 01' abandoned , and a depreciation fixed and determined as in the franchise provided. The valutlOn which said additions have been made and from which deductions have been made , shall be the valuation upon cent interest herein provided for shall be valuation at which said property can be by a third person, firm or corpora- is assigned by the city. Indeterminate Period; Public Ownership. shall be granted for an indeterminate to th;e ri!5ht of he city at any time notIce m wrItmg, to acquire and of the grantee , 01' to assign to a third its Tight to acquire and possess. Indebtedness. (8) Every fTan- when purchasing the propertyif and when permitted by the of California , may assume the for the payment of the bonds said property, not exceeding in the valuation of the property thus case the par value of such bonds the valuation . of said property, of su ch valuaho:- over such par pnce to be pmd to the grantee such purchase the bonds so assumed exdusively upon the franchise or s such , but may be secured by the CIt:,, or by a lien upon a fixed per- earmngs of such utility 01' otherwise in such franchise. Revenue. (4) The annual net percentage is computed shall from the annual gross ' revenue costs , taxes , insurance and in the franchise , and six per cent of the property used and useful to be of prospective usefuJ- such valuation being the valua- Commission of the State of have been made and made as herein provided. (5) Any franchise may be pas;sed by the council , approved by vote of th electors as herein provided , and acceptedby the franchIse grantee; but if the amendment is of aresettlement franchise , it shall not become effective untilapproved by the electors in the same manner as the origi- nal resettlement franchise. Board of ControL (6) Any franchise may provide fora b oard of control to consist of two competent and ex-penenced men , one to be selected by the council and oneby .the grantee of sai franchise , with such .. powers anddutIes as may be provIded in the franchise , all disagTee-nts between the two o be decIded by an . arbiter. ap-pOInted for that purpose In a manner to be determined insuch franchise. Add tional Powers. (7) T e council in granting anyfranchlse shall have power to Impose terms and conditions not Inconsistent with this charter in addition to the termsand conditions herein provided for , and shallhaye such?ther powers h ereunder as may be propel' and necessaryIn the preparatIOn , enactment , and the carrying out of theterms of any franchise. pplication to Resettlement Franchises. (8) The pro- IOns of this section shall apply to resettlement fran- chIses as well as to new franchises. ARTICLE XIII. MISC :LLANEOUS. ion L All g eneral laws of the state applicable tomUnIcIpal corporatIOns , now or her eafterenacted andwhich are not in conflict with the provisions of this c harteror with ordinances or resolutions hereafter. enacted shallbe applicable to the city. . Sec. 2. Whenever in this charter the word "city " occursit means the City of Alameda; and every department:board 01' officer , whenever either is mentioned means adepartment, board 01' officer , as the case may he of theCity of Alameda. Sec. 3. The fiscal year shall begin with the/first day ofJuly and end with the last day of June of each year. Sec. 4. The compensation of elected officers shall not beincFeased or diminished during the terms of their respectiveoffices. Sec. 5. If any offcer of the city shall remove from thecity or absent himself therefrom for more than thirty days consecutively, without the permission of the council , orshall fail to qualify by taking the oath of office and filinghis official bond whenever such bond is required , withinfifteen days from the time his certificate of election orappointment is mailed 01' delivered to him , or shall resign,or be convicted of a felony, or be adjudged insane , his officeshall be vacant. Sec. 6. The mayor shall have power to fill vacancies,on all boards or commissions , except in such cases as thischarter specifically provides for appointment to be made by the City Council or other. authority; provided, howeverthat such appointment made by the Mayor shall not be- come effective for any purpose until and unless the samebe ratified and confirmed by the City Council. Any suchshall hold office until the appointment and of a successor. hy the vote of the electorate at special election held June27, 1933) Sec. 7. The improvement , widening and opening ofstreets and all matters not specified in this charter, shallbe done and assessments therefor levied , in conformitywith and under the authority confel'ed by general law with the exception of the construction or replacement of sidewalks , curbs and gutters , and the construction of sew-ers , which improvement , replacement or construction , maybe made by ordinance of the council of the City of Alameda and the cost thereof , in whole or in part , paid for out ofthe city treasury or assessed on the property benefited. Sec. 8. The mayor, the auditor and the city managershall together count the money in the treasury at least once in three months , and see if the amount on handtalles with the amount that should be in said treasuryas shown by the books of the city, and they shall makea written report thereof to the council within five daysthereafter. Sec. 9. All officers and boards shall deliver to their successors all papers, books , documents , records , archives and other properties pertaining to their respective offices or departments, in their possession or under their control. Sec. 10. No member of the council, or of any board, and no officer 01' employee of the city shall be or become directly or indirectly interested in any contract , work or business , or in the sale of any article the expense price or consideration of which is payable from the citytreasury, nor shall either or any of them receive any gratuity 01' advantage from any contract Or person fur- nishing labor 01' material for the same; and any contract with the city in which any such officer or employee is or becomes interested may be declared void by the counciL Sec. 11. No officer 01' employee of the city shall give or promise to give to any person , any portion of his com- pensation , 01' any money 01' thing of value in consideration of having been , or of being nominated, appointed , voted for or elected to any office or employment. Sec. 12. No officer 01' employee shall accept any dona- tion 01' gTatuity in money, or other thing of value , either4t"i directly or indirectly, from any subordinate or employee or from anyone under his charge , or from any candidate or applicant for any position as employee or subordinate in any department of the city. Sec. 13. No officer or employee of the city shall aid or assist a bidder in securing a contract to furnish labor material 01' supplies at a higher price or rate than that proposed by any otheT bidder , or shall favor one bidder over another , giving 01' withholding information , 01' shall wilfully mislead any bidder tin regard to the characteT of the material or supplies called for , or shall knowingly accept materials or supplies of a quality inferior to that called for by the contract, OTshallknowingly. certify to a greater amount of labor. performed . than . has.. actually been performed, or to the receiptofa greater amount of material . or supplies than has actually.beenreceived. Sec. 14. A violation of any provision of the four sec- tions last preceding shall cause a forfeiture of the office 01' employment. Sec. 15. Every officer 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 official bond for the amount of the demand so approved , allowed or paid, and shall forfeit such office and be forever dis- barred and disqualified from holding any position in the services of the city. Sec. 16. All books and records of every office and de- partment shall be open to the inspection of any citizen during business hours , subject to the proper rules and regulations for the efficient conduct of the business of such department or office; 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 01' extracts , duly certified from said books and records open for inspection, shall be given by demanding the same and paying or tendering ten cents perfolio of one hundred words for such copies or extracts, and the additional sum of twenty-five cents for certifying. Sec. 18. Unless otherwise provided for by law, all city shall keep their offices open for the transaction of continuously from nine o clock a. m. to five o clock p. m. each day except Sundays and holidays. Sec. 19. Every officer or board authorized by law to allow , audit 01' certify demands upon the treasury, or to make official investigation , shall have power to issue subpoenas , administer oaths and affirmations and take testimony concerning any matter relative thereto. Sec. 20. Unless otherwise provided by this charter , any officer 01' board authorized to appoint any deputy, clerk assistant 01' employee , shall have the right to remove the person so appointed. Members or appointees on all boards 01' commissions created or provided for by this charter maybe removed by the affirmative vote of four members of the city council , anything in this charter to the contrary notwithstanding. (Amended by the vote of the electorate at special eleetion held June27 1933) Sec. 21. All ordinances and resolutions in force at the time this charter takes effect , and not inconsistent there- with , shall continue in full force until amended or repealed. Sec. 22. All officers and employees, when this chartertakes effect, shall continue to hold and exercise their respective offices or employment , under the terms of thischarter, until the election 01' appointment and qualification of their successors. Sec. 23. The present council shall provide for the hold-ing of the first election of officers under this charter and shall canvass 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, beaffected by the adoption of this charter , unless otherwise herein expressly provided. All contracts entered into by the city 01' for its benefit prior to the taking effect of thischarter shall continue in full force and effect. All publicwork begun prior to the taking effect of this charter shall be continued and perfected hereunder. Public improve- ments for which legislative steps shall have been takenunder laws in force at the time this charter takes effectmay be carried to completion in accordance with the pro- visions of such laws. Sec. 25. No person who holds , 01' who is a candidate for any national , state or county office shall hold or be eligible to an appointment on the board of education , the libraryboard or the board of public utilities. If any member ofeither one of said boards shall become a candidate for , or shall hold any national , state or county office , 01' shallaccept any appointment to a national , state or county officeexcepting that of a notary public 01' a member of the statemilitia, such act shall work a forfeiture of his office , andthe vacancy thereby created shall be filled as provided by this charter. Sec. 26. No councilman shall in any manner attemptto influence the city manager in the making of any ap- pointment or in the purchase of supplies. A violation ofthis provision shall work a forfeiture of the office of thecouncilman. Sec. 27. Any person , firm 01' corporation may attachthe salary or wages of any city official 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 invali- date or impair the validity of any other section or part of a section , unless it clearly appears that such other section or part of a section is dependent for its operation upon the section or part of a section so held invalid. Sec. 29. For 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 theapproval of the same by the legislature; and for all other purposes this charter shall take effect at eight o clock p. m.on the third Monday in April , one thousand nine hundred seventeen. Sec. 80. When making purchases for all departmentsof the city, local merchants shall be given the preference quality and price being equal. Sec. 81. Neither the city manager , nor any person inthe employ of the city shall take any active part in secur- ing, 01' shall contribute money toward the nomination orelection of any candidate for a municipal office. Sec. 32. When entering into any contract for labor or hiring any labor for public contract work , preference shall be given to local contractors , mechanics , artisans 01' otherlaborers of any class, who shall have actually resided in the City of Alameda for a period of six months preceding the date of their engagement to perform labor , quality and price of work being equal. (Adopted by the vote of the electorate at tjpeeial election held June 27 , U)33) Sec. 33. Vacancies. A vacancy in any elective office from whatever cause arising, except as otherwise provided in the chapter on Recall , shall be filled by . the city council. Provided however , that any person appomted to fill such vacancy hall hold office only until the next general munici- pal election, at which time a successor shall be elected to serve for the unexpired term. In case of the failure of the city council to appoint a suc- cessor within a period of seventy days from the date any such vacancy shall occur , the city council must thereupon call a special election to fill such vacancy and shall cause such election to be held not less than forty days nor more than forty-five days from the date of expiration of such seventy-day period; provided, however , that in case a gen- eral municipal election shall take place not more than sixty days nor less than forty days from the date of expiration of such seventy-day period , the council shall provide for fillng the vacancy at such general election. (Adopted by the vote of the electorate at special election held June 27, 1933) Sec. 34. The expressions "four-fifths vote of the whole council" 01', "four-fifths of the council" or, "four-fifths of all the members " occurring in this Charter , shall be in- terpreted as requiring the affirmative vote of four members of the counciL (Adopted by the vote of the electorate at special election held June 27 1933) Accountant, expert.-See Expert accountant general auditor to be.... ......................""'"'' '' 12 Adjourned l egular meeting same as regular meeting.. Administration department , what constitutes........... 23 Advertisement for bids to be posted five days.. .......... Advertising and printing, council to call for bids an- nually for bids in for bids may be ordinances Advisory board, city manager may appoint.. Alameda Free Library-See Library Amendments to ordinances must be at length. ...... must be germane Annual expenditures to be fied with managerof city manager... .. ,........ library board , qualifications of... ... to board of education , qualifications of... ... ... to board of public utilities , qualifications of.. to council to hold only til next election.. to health department , how made.. of mayor , to hold how Appointment of school by manager not to be influenced. ........ ... Appointments to fire department , how made.. to police department . how made..... ........... Assessor auditor to hold office ex-officio. duti s of to employ clerical assistance.. .................. Attachment of salaries for debt , permitted. . ... Attendance at council meetings , by attorney.. by city manager Attesting ordinances , by clerk.. Attorney-See City attorney INDEX bulletin. Page ..... 25 ... '" 50 Page Auditor, compensation and duties of... ...,. ................ , 12 may appoint one 01' more deputies.. ......................, ... 12 must certify unapplied funds on contracts.. to be elected every four years.. .... .. to be ex-officio assessor and redemption clerk.. ""'" 12 to be general accountant of to retain funds to pay when to approve demands Ballot-See Elections Bank may be treasurer if authorized by constitution..... 13 Bidders , officers and employees not to assist.. .. 48 Bidding, public on contracts over $1000..... ............ Bids , advertisements may refer to specifications.. 6 may be rejected... .. ...... ",,"."'" Board of education , appointed by mayor. . ....."""" '" 18 appoints school superintendent.. assistant secretary.. m.. """"'" .., ' 20bookkeeper of elects a member president powers and duties.. .. ' ' ... 19 mavor fills all vacancies on.... .. " """ 18 etings of... .......... , ...m ".'" . ... 18 members hold office for five years.. . ....,... . 18 plan of organization. . .."". ,.. 18secretary of shall prepare term of office Board of equalization , duties of...... .. ..... ..... 17 Board of public utiities , contracts by.. .. .......... ,. 31how appointed meetings of powers of purchases by to appoint a to elect a president vice-president. to serve w:thout compensation. Board of social service , how powers of Page Bonds to be approved by city attorney.. ......... official , council shall determine what officers shall give to be approved by counciL..... .. . to be examined by accountant Boundaries , how of city, description of.. . ..... Budget, estimate to be basis of... .... for library of board of education. ... Bulletin of city, council may Business hours of city offices.. Ceremonial functions , mayor to represent Charges against police and firemen , how Chief of fire department appo:nted by city manager.... 26 Chief of police , manager to appoint... ............ . "'" 26 City attorney, appointment and qualifications of.duties of how may be removed....... ... salary to be by counciL.... ... .. . 11to advise city to approve all bO;1ds and contracts. to attend council meetings.. .............. to draft proposed ordinances , when, .. 11 to give opinions in City clerk as clerk of board equalization. duties of how may be removed.to certify recall to examine nominating petitions...... ... ,):J to attest , record and keep ordinances and resolu- tions City engineer appo'inted by manager. custodian of maps.. . ,.. fees for private work.. powers of qualifications of to give full time serviee.. working for private " 20 Page .............. ........ 26 ... ' 25 .... ... 24 City manager , appointments by... ... appoints fiTe chief.. ................ appoints chief of appoints city shall be free how appointed is purchasing agent may be non-resident when appointed.. minimum salary, $3,000.... ................ not to be influenced by council. powers and duties removal of to submit financial estimate.. to attend council meet:ngs... to control playgrounds.... to give full time service to avoidvacancy office of.......... ......... City physician-See Health officer Clerk-See City clerk Commissions and fees, officer to Teport monthly. .......... Committees , the council shall appoint when necessary. Compensation fo'r mayor... ........................................... "... boaI'd of education to serve without.. councilmen to serve without. ......... library trustees to serve without... .................. of assistant secretary of board of education.. of auditoT of expert accountant of officers and employees. of public utilities of treasurer and tax Contracts for advertising made annually.. oveT $1000 by public bidding... ...................... . required for general city wOTk over $1000....... to be apPTo,ved by attorney by board of public couneilmen not to be interested in.... must be endorsed by auditoT obligating city for more than one year.. council influence.... ......--,,"-*"' u.-. -"..,..... _.*h'.' ' 48 of public utility board , how ratified. COpleS of documents , how obtained. ......... COUNCIL appointees thereon hold only until next election... committees of journal of less than quorum , powers may buy material in open market.. may do work by day labor , when..... ,.............. may blish bulletin in lieu of newspaper adver- tlsmg may submit question to electors. ... meetings meetings attorney to attend..meetings, manager to attend.. meetings , must be public.. meetings, place of. no compensation not to influence president of , how public utilty board to report to monthly........ ......... rules of procedure shall appoint expert accountant when shall not sell waterfront 01' tide iands.. ... to authorize all disbursements.. to provide tax ordinance....... vacancies filled by council vote, by ayes and Councilmen must be 25 years not eligible to other office.. ............ not to be interested in contracts.. not to influence manager term of office , four Courts to take judicialCourts-See Police court of ordinances.. Danger 01' emergency, mayor to control in case of,. Day labor , when work may done by........ ......... Day nurseries , who may Page Page disposed of... ....... . 17 ",, "" 27 ... 15 .... 15 ....................... , 48 .. 26 Delinquent tax sales to be to Demands of previous fiscal year on auditor , when to be on auditor , what on public utility unauthorized, penalty for approving.. Department o,f administration.. ................ of health-See Health department.... ..... of public utilities-See Public utilities.. of recreation Deputies appointed by auditor....... may be appointed by treasurer how relTIoved saster , extraordinary, ordinances for... ", .. ............ Disbursements of public authorized by counciL... Documents , certified copies Dollar limit increased by four-fifths vote of council. not to apply in certain emergencies..... .... not to include school 01' fire department.. what to include.... ............. ". Donations , officials not to accept... Duties of auditor of board of equalization of city attorney..of city clerk.. ... ............ of city of tax and powers of city manager of street superintendent.. of health officer ..."......."...-- Education-...See Board of education. Elections , general municipal state laws to clective officers , of.. ........... councilmen , long and short terms.. nominations must be by petition nominating petitiolls , form of must be presented to clerk.. .--- "U' "" ol() withdrawal ofmis-statement of facts . Elections , recall-See Recall Electrical energy controlled by board of public utilities Electricity, sale of by board of public utilities.. Electric rates fixed by board of public utilities.. Emergency contracts , when in effect.. expenditures , when authorized or danger , mayor to control in.. ordinances by four-fifths vote. ordinances when in effect. .................. '" measures , how passed and when effective.. Employees and officers , compensation of. and officers not to assist bidders not to accept gratuities.... ........... of public utilities , compensation of.... . ...""""'" ".. 30 Employment bureau , may be established by social serv- ice board Enacting clause of ordinances.Engineer-See City ~~~~ ayground activities.. for recTeation centers to safeguard life 01' property, no limit.. .... Expert accountant , appointment and powers of.. compensation of shall file written report....... ........... to investigate accounts semi-annually Extraordinary epidemic , ord:nances for disqualify.. Favoring a bidder Fees and commissions , officers to report monthly. Fire alarm system under board of public utilities. chief to be appointed by manager..... ...... department excluded from dollar limit. department , organization of department , rules of. Firemen , how charges Page .. 15 Page .... ' 17 . 42 ..... . 44 Fiscal year begins July disposal of previous demands.. Four-fifths vote , interpretation oL... for sale or lease of real estate.. Franchise , amendment oL.. ..................... .................. applicant to advance cost of election...... .... applicants to publish ordinances..... ........... ordinance may be submitted to voters.. ordinances , when in effect. ...... ..... of privileg', ordinances granting. Franchises , how granted........ indeterminate net revenue defined provision for city to acquire property.. .... resettlement , what to provide.Free Library Fund for for schools of each utility separate.. ...... of board of public utilties. Gas, water and electricity. ......................... ... General city work over $1000 , by contract.. laws applicable to city Gratuities not to be accepted by officers or ... 29 .... i employees.. 48 Health department , how organized.. appointees oL.. ... . ...,.............. Health officer may be city physician. powers of qualifications of... . "'." .... to be appointed by manager... .. to hold at pleasure of manager .............. ,. 28 .. 28 .. 27 ... ""'" 27 Improvement of streets under general laws. Influencing city manager . "'" ...................,...... ....... 50 Initiative and referendum , according to general laws.... 9 Invalid section not to affect others.. .. ..... Invitations to bidders shall be posted 5 days. ...... Journal of Judicial notice ordinances by courts.. ......,............. ..... 19 Lease limited to twenty-five years. ........................... renewal privilege by four-fifths vote.. of waterfront must be by ordinance... ....... "" or sale of real estate requires four-fifths vote. Leave of absence from city for officials.. Library, gratuities received for.. regulations for use L:brary fund , claims how created and It Library t1 u tees , how meet.ngs of.. powers of receive no compensation.. vacancy on board Limit of taxation Local merchants to be given preference.. License collector , treasurer is ex-officio. .... Manager-See City manager... ........ Maps and field notes in custody of engineel'.. .......... Materials , when may be purchased in open market. Mayor appoints board of education... .............. auditor , and manager to count money.. ................... compensation for office of. official head of president of pro tern absence of " ." .........,. ..... .......... .... ...." ... ....'" ..."" ,""''''' Kindergarten schools may be provided.. ex-officio.. ......."-.,.",,,,"'."'- Page .. 47 .. 22 .... 21 .... .. 23 Page to control in danger or emergency.. to fill what vacancies.... ...._... ."" .. .. 47 lVerchants of c;ty to be given preference_ - .......... .. 51 Meetings of board of public utilties.. of council of council manager to attend.. ... 24must be of the board of education.. special , how called Minutes of council Money collected by board of public utilities..... ........... ..... 30 from J:onds, disposal of surplus .. ....... .............. .... 17 given to library, how applied... . " ....... "" 22 l,ublic , unlimited expenditure , when.. payable into treasury daily.. ......... ..... "" 17 public, disbursed only by order of counciL.. ... ..... ... 16 surplus , must be returned to general fund... ........ ... 16 to be counted by mayor , auditor and manager.. to be counted every three months.. Newspaper , advertisement for bids must be published in ordinances to be published in..... .. Nominating petitions-See Elections Notice of spec almeetings required... ... to bidders , when effective , when mailed. Oath of office , every officer must take and file... Oaths and affirmations , who may take. ... .... 49 Office hours at city halL... ........... ....""" "" 49 Officers and employees , compensation of not to accept donations.. not to assist bidders.. ................._............................... ... 48 not to approve unauthorized demands...... ......... ....... 49 not to leave city without permit for over 30 days.... 47 not to pay unauthorized demands... ..._....... '" 49 not to promise rewards for election or appointment 48 receiving fees and commissions to report monthly.. 17 to deliver books to successors..... .......... Offices open every day for business.. Official bonds-See Bonds Officials absent from Open market , when may purchase in.... Ordinance for certain street improvements.. ... granting franchise may be submitted to voters. providing for regular meetings.. ............. required for lease of waterfront lands.... required for lease or sale of real estate.. to provide duties of assessor. ..................-.......-... to provide for the levy and collection of taxes.. Ordinances to ratify public utilty contracts. amendments to must be germane.. aye and no vote required to be recorded authorizing contracts, when in effect. ....... can not be passed on day of introduction. courts to take judicial notice of . enacting clause of... granting franchises granting franchise published by applicant.. how revised , or amended.. .. immediately effective when.......... in case of extraordinary epidemic.. .... must be passed at regular meetings. ... must be published or advertised.. ...... must wait five days for passage........ necessary for emergency measures. ... to be attested by clerk... to be deposited with clerk.. .............. to be drafted by city attorney, when. to be published within three days. to be signed by presiding officer. when in effect ",.. u.-_...' ."- Payment of money only at regular meeting.. Penal ordinances, when in effect. ........_..... Playgrounds , expenditures for activities.. record of activities.. ....... .. under control of manager /1;) Page . 47 "" 11 ... 28 Police and fire board to determine charges. ..... and firemen , charges against.. .... Police court of city, jurisdiction of provisions, when applicablec........ .... ..c.. ..... Police department, chief appointee! by manager.. appointments to. .. . organization of ... ..................,................. records not open to public rules of ........ ......, .... ........... ... telephone and telegraph system of. ... Process , civil , to be served on mayor.. President of counciL. .. ... ... c... .......... Presiding officer of council to sign ordinances....... ..... Printing and advertising, council to call for bids an- nually Prison relief fund , how created and Publication of ordinances within three Public bidding on contracts over $1000.. council meetings must be... ............... .... danger or emergency, mayor to contrcl..... ...... Public library-See Library Public money-See Money Public utilties-See Board of Public utilty, rates Purchases, councilmen not to influence.. by public utility board. in open market , when Purchasing agent, city manager to be.. powers and duties of.. Qualifications of appointees.. of city of health of school teachers.... Quorum , three members constitute........ ......-.---...-..... Page "."" 27 ... 11 ..... 26 . 26 .... 26 Rates for service of public utilities. ................................ .. 30 Real estate, sale or lease of , by four-fifths vote.. ..... ..... 8 . 50 RECALL any electiv.e officer may be recalled... ............ notice of intention , filed with clerk... statement of grounds for recalL..... clerk shall endorse date of fiing. service of notice on official.c..... affidavit of party making service. ... answer may be filed by officiaL. ............ date of filing answer endorsed by clerk... PETITION FOR RECALL , contents of shall be filed with clerk.. ................ number of signatures necessary.... may consist of separate sections...... ... . information to accompany signatures.. verification of signatures circulation of withdrawal of signatures.. filing of-...... ..... ..... ....... .. clerk to examine and cert.ify supplemental petitions.. certification by clerk insufficiency of petition clerk may employ assistants.. . .... ELECTION , petition submitted to council. council shall call special election when election shall be held. ....................................... when may be submitted at regular municipal elec- tion ballot for recall must be separate.. form of ballot sample ballot mailed to each elector.. canvass of votes pendency of recall VACANCIES , manner of resignation pending recall appointees hold until next general election.. special election may be called to fill. petition for special election... .... number of signat.ures required may consist of separate sections verification of signatures Page .... ... 85 .. 35 .... 35 .. 36 ... . 36 ... ' 37 certification by clerk time special election must be called....... appointee of council may be candidate.. clerk shall call special election when.. when shall appoint election officials.. ....... when shall appoint canvassing board... recall elections , how conducted............ .......... recalled offcial not to be candidate for vacated office chapter on recall to be liberally construed.....Recording of ordinances and resolutions.. Records and books open to of counciL............ ................... .......... ...... of police department not open to public. Recreation department Redemption clerk Referendum according to general laws.. by council's initiative.................... ...... ....... Regular meeting required for payment of money.. meetings twice a mon h..Removal of appointees Resettlement franchises , what to provide Resolutions, aye and no vote required. to be recorded to be deposited with clerk. Salaries of subordinates to be included in estimate.. 01' wages may be attached for just debts..to be paid without council's approval Sale or lease of real estate requires four-fifths vote.. Secretary of board of education.. of board of public utilties..... ............ ....... of city manager , appointment and compensation..School department , excluded from dollar limit.. plan of organization.. School fund School superintendent , compensation of.... how appointed School teachers , qualifications oL....... Schools , estimate of expenditures for...... 20 Page Page kindergartens may be provided............................. 19 Social service , board of , how appointed.......... .... "" .. 24powers of board............................................ 24 Special meetings of council , how called..... ...... Street improvements by procedure ordinance.. .... 47 under general laws....... '........ "'"' Street superintendent combined with engineer....... 25duties of Subpoenas, power to issue Superintendent of streets-See Street superintendent.. 25of schools Supplies , council not tu influence purchase of.. .... 50 when may be purchased in open market.. Surplus bond money, how disposed of..... ............ moneys must be returned to general fund..... utility funds, how invested or transferred.. Taxation for library purposes, limit of... system to be provided ordifiance...... system to be like state collector , duties provided by charter and ordinance 13 treasurer is excoffieio Taxes delinquent , sale to be made to city.. .... 16 limited to ; $1.00 for certain expenses...... .. Tax rate , failure to fix , previous rate applied......... ..... ... 16Teachers, qnalifications of.. Telegraph system of police department. ............... 31 Telephone. system of department.. Term of office , library board of education of auditor is four years of councilman is four years. .... Terms of elective offices.. ............ '."""""'''''' Tidelands , sixty-day referendum on lease uf........... .... .. 8Treasurer, bank may be appointed when constitutional compensation of elected for four years is ex-officio tax and license collector.... may appoint deputies Treasury, money payable into daily Page Unauthorized demands , penalty for approving. ....... ...... 49 Unexpired term , appointees to hold how long. ............ .... 47 Unlimited expenditure in great emergency-.. ......... ..... 6 expenditure requires four-fifths vote .. ............... ''''' 6 Utilities-See Public utilities ..... ......................,.............. . 28 Vacancies on council , how filled....-... .............................. .. 7 to be filled by mayor, when....... ...................... ......... . 47 Vacancy in office of city manager.. ............_- ...... ..... 25 on board of education , how filled. ...................... ... 18 on board of library trustees , how filled.. .............. .. 21 Vested rights of city to continue... ........-...... ........... 50 Vice-president of council to preside , when. .............. ...... 4 Warrants on school fund.... ............................................. .. 20 Water , gas or electricity five-year contracts , fol'.... ... ... 31 Waterfront lease, four-fifths vote to authorize renewal 8 Waterfront or tidelands , council shall not sell........ 8 Year , fiscal , beg:ns July L .................. . 46