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1934 Senate Concurrent Resolution No. 6FRANK C. JORDAN SECRETARY OF STATE ROBERT V; JORDAN ASSISTANT SECRETARY OF STATE FRANK H.CORY CHARLES J. HAGERTY DEPUTIES STATE OF CALIFORNIA 2pat'fm2nf Df fah I, FRANK C. JORDAN, Secretary of State of the State of California do hereby certify that have carefully compared the transcriPt, to which this certificate is attached, with the record on file in my offce of which it purports to be a copy, and that the same is a full, true and correct copy thereof. further certify that this authentication is in due form and by the proper offcer. IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State o/California to be affxed hereto this-____ ___ l___ _--~~~~~~ .r-!J:2.5 Secretary of litate 14041S7-:B4tOM CALIFORfUA STATE PRINTING OFFICE Senate Concurrent Resolution No. Adopted in Senate January 14 , 1935. --------~~~~--- ---- ---- -------- Secretary of the Senate Adopted in Assembly January 14 , 1935. ---~~~~--- --------- Chief Clerk of the Assembly This resolution was received by the Governor this_2l- --- day oL!la.1____--1935 , aLfQ!CLo 'cl()ck LM. Lrk Lee KegJ.addery,Jr.. ------------------------ ---- -- -- ,l)rivate ..ecrefary of the GO'lffr 3 - OHAPTER_ '-- Senate Concun'ent Resol1 tion No.Approving certain amendments to the charter of the city of Alarneda, a municipal corporation in the county of Alameda, State of Califm'nia, vOited for and ratified by the qualified electors ot said city at a general and special municipal election held therein on the sixth day of November, 1934. WHEREAS , Proceedings have been taken and had for the proposal, adoption and ratification of certain amendmentshereinafter set forth to the charter of the city of Alameda a municipal corporation in the county of Alameda, State of Oalifornia, as set out in the c:er ficate of the mayor and city clerk of said city, as follows, to wit: STATE OF OALIFORNIA OOUNTY OF ALAMEDA ss. CITY OF ALAMEDA. , the undersigned , WILLIAM F. MURRAY , Mayor of the Oity of Alameda, and D. ELMER DYER , Oity Olerk of said Oity, do hereby certify and declare as follows: That the Oity of Alameda , a municipal corporation in the Oounty of Alameda , State of Oalifornia, is now and at all times herein mentioned was , a city containing a population of more than three thousand five hundred inhabitants , andless than fifty thousand inhabitants , and has ever since the 25th day of January, 1917 , and is' now , organized , existing and acting under a freeholders ' charter adopted under and by virtue of Section 8 , of Article XI of the Oonstitution of the State of Oalifornia , which charter was duly ratified by the qualified electors of said city at an election duly held for th!1t purpose on the 9th day of January, 1917 , and approvedby the Legislature of the State of Oalifornia by a concurrent resolution approved by the Legislature of the State of Oali-fornia. on the 25th day of January, 1917 , (Statutes 1917 page 1752). That pursuant to , and in accordance with , the provi sions of Section 8 , Article XI of the Oonstitution of the State of Oaliornia , there was fied with the Oity Clerk of the said Oity of Alameda, on the 1st day of September , 1934 , a petitionfor the submission of seven proposals for amending the Oharter of said City of Alameda , and requiring the submission of such proposals to the electors of said Oity, which said proposals were . designated as Proposal No . 1 , Proposal No., Proposal No., Proposal No., Proposal No., Proposal No.6 and Proposal No.7 respectively, 4 - That within the time required by Section 8 of Article XI of the Oonstitution of the State of Oalifornia , the Oity Olerk of the Oity of Alameda duly verified the signatures attached to said petition , and attached thereto his certificate of suf- ficiency, certifying that the same was signed by qualified regis- tered electors of said Oity equal in number to mor.e than 15% of the total votes cast in said Oity at the last preceding general state election , and presented the same to the legislative body of the Oity of Alameda , to-wit, the City Oouncil of said Oity. That pursuant to resolution duly adopted by the Oity Ooun- cil of said Oity of Alameda the said proposed charter amend- ments were published and advertised in accordance with the provisions of Section 8 of Article XI of the Oonstitution of the State of Oalifornia , on the 25th day of September , 1934 in the Alameda Times-Star , a daily newspaper of general circulation published in said 'Oity of Alameda , and the offcial newspaper of said Oity, and. in each edition thereof , during the day of said publication. That copies of said proposed charter amendments were printed in convenient pamphlet form and in type of not less than ten point , and an advertisement that copies thereof could be had upon application therefor at the offce of the Oity Clerk of the Oity of Alameda was published in said Alameda Times-Star , a daily newspaper of general circulation in said Oity, on the 25th day of September , 1934 , and on each day thereafter until the day :fed for said special and general municipal election , all as required by Section 8 of Article XI of the Oonstitution of the State of Oalifornia. That copies of said proposed charter amendments could be had upon application- therefor at the offce of. said Oity Clerk until the day fixed for the said general and special municipal election. That Article XI of the Oharter of the Oity of Alameda pro- vided that a general municipal election be held on Tuesday, November 6 , 1934, in said Oity. That the Council of the City of Alameda, being the legisla- tive body of said City, by its resolutions Nos. 1870 and 1876 did order the holding of an election for the purpose of sub- mitting to the qualified electors of said City said proposals to amend the Oharter of said City, pursuant to the provisions of S-etion 8 , Article XI of the Oonstitution of the State of Oalifornia , on the 6th day of November , 1934 , in said Oity of Alameda , said day being at least forty days after the comple- tion of the advertising of the proposed charter amendments in said offcial newspaper of said city, and not more than sixty days after the completion of said advertising, and did provide in said resolutions for the submission of the proposed amend- ment!' to the charter of said City to the qualified electors or said Oity for their ratification at such municipal election; and - 5- said Oity Council of said Oity and the Board of Supervisors of the Oounty of Alameda did , in the manner provided by law , order said special municipal election and said general municipal election consolidated with the general state election to be held in said Oity on said 6th day of November , 1934; in said resolutions callng the said special municipal election and said general municipal election , the Oity Oouncil of the said Oity of Alameda did authorize the Board of Supervisors of the Oounty of Alameda to canvass the returns of said special municipal election and said general municipal election. That thereafter said general municipal election and said special municipal election , and said general state election were duly and regularly held on Tuesday, November 6 , 1934 and the Board of Supervisors of said Oounty of Alameda did in the manner provided by law, duly and regularly canvass the returns of said elections , and did on the 19th day of November, 1934 , duly certify to the Oouncil of said Oity of Alameda the result of the canvass of said returns at said general and special municipal elections , and the Oouncil of said Oity did , by Resolutions Nos. 1888 and 1889 , adopted November 20 , 1934 , duly declare the result of said general and special municipal elections as determined from the canvass of the returns thereof. That the Oouncil of said Oity of Alameda did by said Reso- lution No. 1889 declare that the said proposed amendments to the Oharter of the Oity of Alameda, being Proposals Nos. 1 to 7 inclusive , and each and every one of them , were ratified by a majority of the qualified electors of said Oity voting thereon. That said amendments to the Oharter so ratified by the qualified electors of the Oity of Alameda , at said general and special municipal election , are in words and figures as follows to-wit: PROPOSAL NO. That Section 9 , Article II of the Oharter of the Oity of Alameda be amended to read as follows: Sec. 9. Oity Clerk. The duties of the Oity Olerk shall be as are prescribed by the council and provided by law.. He shall hold offce until removed by a majority vote of the council. PROPOSAL NO. That Section 6 , Ohapter II , Article III of the Oharter of the Oity of Alameda be amended to read as follows: Sec. 6. There shall be a city attorney, who shall be appointed by the council , and who shall be an elector of the Oity at the time of his appointment , and who shall be an attorney and counselor-at-law duly admitted to practice by the Supreme Oourt of the State. He shall actually have been engaged in the practice of his profession for a period of at least four years next before his appointment. He shall hold offce until removed by a majority vote of the council. PROPOSAL NO. That Section 1 , Article VII of the Oharter of the Oity of Alameda be amended to read as follows: Sec. 1. The council shall appoint a Oity Manager. He need not be a resident of the State of Oalifornia at the time of his appointment. His salary shall be fixed by the Oity Oouncil but shall not be more than five thousand dollars per annum. He shall hold offce until removed by a majority vote of the council. PROPOSAL NO. That Sections 7 , 8 , 9 and 10 of Article VII of the Oharter of the Oity of Alameda be repealed , and a new Article added to the Oharter of the Oity of Alameda , to be known as Article VIla, and to read as follows: Sec. 1. The Board of Police and Fire Oommissioners shall consist of three members , who shall serve without compensa- tion. The members shall be elected , and shall hold offce for four years , and until their successors are elected and quali- fied. Said Board shall be elected at the same times and in the same manner as the members of the Oity Oouncil , and shall be subject to recall as in this charter provided. In the case of the Board first elected , the one receiving the highest vote shall hold offce until the third succeeding general city election at which councilmen are chosen , the one receiving the second highest vote shall hold offce until the second succeeding gen- eral city election , and the other. one shall hold offce until the next general city election at which councilmen are chosen , and until their successors are ejected and qualified. Anything in this charter to the contrary notwithstanding, an election shall be held within sixty days after ratification of this amendment by the State Legislature , for the purpose of electing the three members of this board. Sec. 2. Vacancies. Any vacancy occurring in the Board shall be filled by the vote of the remaining members of the board , and any person appointed to fill such vacancy shall hold offce only until the next general municipal election , at which time a person shall be elected to serve for the remainder of such unexpired term. In case all positions on said Board shall be vacant at the same time , a commission consisting of the Police Judge , the Auditor and Tax Oollector , shall , by a majority vote , make the appointments and fill all such vacancies. Said commission shall make such appointments within thirty (30) days after such vacancies occur. Sec. 3. The Board of Police and Fire Oommissioners shall have entire control and management of the police and fire departments in the Oity of Alameda , subject only to the pro- visions of Section 7 , Article II of this charter. Said Board shall appoint the chiefs of the respective depart- ments from the membership of said respective departments and said chiefs , so appointed , shall hold offce at the pleasure of said Board. All other members of said respective departments shall be appointed by said Board subject to the provisions of this Article. Said Board shall , from time to time , make rules to carry out the purposes of this Article and for examinations and appointments in accordance with its provisions. All applicants for employment in said departments shall be subject to examination , which shall be public , competitive and free to all citizens of the United States , with specified limitations as to the residence , age , sex , habits , health , expe- rIence and moral character. Such examinations shall be prac- tical in their character , and shall relate to those matters which wil fully test the relative capacity of thB persons examined to discharge the duties of the position to which they seek to be appointed. The Board shall control all examinations , and may, whenever an examination is to take place , obtain the assistance of a suitable person or persons to aid in preparingfor and conducting such examination; provided , however that all members of the respective departments who are in the Oity service at the time this amendment goes into effect shall be retained in their respective positions , subject to the pro- visions of this Article , but any such person may be demoted , in the opinion of the Oommissioners , such action be for the good of the public service; and provided , further , that any person who shall have been dismissed or discharged from membership in either department within three years prior to the effective date of this amendment for any reason except for cause , shall be eligible for reappointment without examination and without being required to comply with any specified limi- tations as hereinabove set forth. Sec. 4. Notice of the time , place and general scope of the examinations shall be given b;" the Board by publication for two weeks preceding such examination in a newspaper printed in said city and such notice shall also be posted by said Board in a conspicuous place at the City Hall and in its offce two weeks before such examination. Sec. 5. From thc examinations made by the Board, it shall prepare a register of the persons whose general average stand- ing upon examination for such class is not less than the mini- mum for such class fixed by the rules of said Board, and who are otherwise eligible and such persons shall take rank upon the register as candidates in the order of their relative excel- lence as determined by their examination without reference to priority of the date of examination. Sec. 6. The Board shall , by its rules , provide for the pro- motion of the members of said Police and Fire Departments on the basis of ascertainment and seniority in service and examination , and shall provide , in all cases where it ispracti- cable , that vacancies shall be filled by promotion. All exami- nations for promotion shall be competitive among such mem- bers of lower rank as desire to uhmit themselves to such examination and who have such experience , qualification or qualifications as may be required by the Board as a prerequi- site for taking such examination. Sec. 7. The Board shall , by its rules , provide for (a) leaves of absence , (b) the transfer from one position to a similar position in the same class , (c) reinstatement to list of eligibles of persons who have become separated from service or have been reduced in rank in the service , other than persons who have been removed for cause. Sec. 8, Subject to the general supervision of said Board the respective chiefs shall have command of and control of their respective departments , and shall have the power to suspend, for cause , any memher of their respective depart- ments; provided , however , that in the event that the Ohief of either the Police or Fire Department shall suspend , for cause, any member of his department , he shall report the cause, in writing, to the Board with certifcation that a. copy of such statement has been served upon the person so sus- pended , personally, or by leaving a copy thereof at his last known place of residence if he cannot be found. Within fifteen (15) days after such statement shall have been filed the said Board , upon its own motion , may, or upon written application of the person so suspended , filed with said Board within five (5) days after service upon him of such state- ment , shall proceed to investigate the grounds for such sus- pension. If , after such investigation , said Board finds , in writing, that the grounds stated for such suspension were insufcient or were not sustained , and also finds in writing, that the person so suspended is a fit and suitable person to fill the position from which he was suspended , said Board shall order said person so suspended to be reinstated or restored toduty. If the said Board finds the grounds stated for such suspension were suffcient , it may discipline the offending person or may remove the offending person from the depart- ment of which he is a member, but no such p.erSOIi shall be removed from such department except for notorious or con- secutive insubordination or neglect of duty, or upon conviction of a felony, If said Board shall order that any person suspended by the Chief of either the Police or the Fire Department be rein- stated or restored as above provided , the person so suspended shall be entitled to receive compensation from the city the same as if he had not been suspended by the Ohief of said department. The decision of the said Board upon all matters of suspen- sion; discipline and dismissal shall be final. Hec. 9. The Board shall , by its rules , provide for the establishment of and govern the keeping of service records of all members of said departments , which records may be used as one of the bases for (a) promotion as provided by this Article; (b) lay-offs , through reduction in number of the said departments. Sec. 10, Any member of the Board shall have the power to administer oaths in matters pertaining to the work of theBoard. . Sec. 11. Any false statement wilfully made under oath either in any application or other paper fied with the Board or in any proceeding before the Board or in any investigation conducted by or under the jurisdiction of the Board , or in any proceeding arising under this Article, shall be punish- able as a misdemeanor. Sec. 12. Any offcer or other person who shall wilfully or corruptly, by himself or in cooperation with one or more other persons, defeat , deceive or obstruct any person to his right of examination , or corruptly or falsely mark. grade estimate or report upon the examination or proper stand- ing . of any person examined hereunder , or aid in doing, or wilfully or corruptly furnish to any person any special or secret information for the purpose of either improv- ing or injuring the prospects or chances of any person so examined or to be examined , of being employed , appointed or promoted , shall be guilty of a misdemeanor and punished therefor. . Sec. 13. No applicant for appointment in either of said departments , either directly or indirectly, shall payor promise to pay any money or other valuable thing to any person what- ever for or on account of his appointment, and no offcer or member of said departments shall pay, or promise to pay, either directly or indirectly, any money or other valuable thing whatever, for or on account of his promotion. The com- 10 mission of any act prohibited by this section shall be a mis- demeanor and punishable as such. . Sec. 14. Any person holding a position in either of said departments who wilfully violates any of the provisions of this Article shall , after hearing by said Board , be subject to being suspended , removed from membership in said depart- ments , or otherwise disciplined. PROPOSAL NO. That Sections 1 to 12 , inclusive , of Article X of the Charter of the Oity of Alameda be repealed , and that there be added to said Article 10 the following Sections 1 to 18 , inclusive: Sec. 1. There is hereby created a department of the Oity Government under the name of the Department of Public Utilities. Said department shall be under the control and management of a board of five commissioners , and which shall be known as the Board of Public Utilities Oommissioners. Said Board shall be elected at the same times and in the same manner as the members of the City Oouncil and shall hold offce for four years and until their successors are elected and qualified, and shall be subject to recall as in this charter provided. In the case of the Board first elected , the three receiving the highest vote shall hold offce until the second succeeding general city election at which councilmen are chosen, and the other two shall hold offce until the next such succeeding election and until their successors are elected and qualified. Anything in this charter to the contrary notwith- standing, an election shall be held within sixty days after ratification of this amendment by the State Legislature , for the purpose of electing the five members of this Board. The nt members of the Board of Public Utilities shall hold only until their successors are elected and qualified. The Board shall hold regular meetings on the second Thurs- day of every month at eight o clock P.M. in the offce of the Department of Public Utilties. It shall serve without com- pensation , but necessary expenses incurred by them shall be a proper charge against the city, and when certified by the city auditor , shall be paid. Sec. 1a. Any vacancy occurring on the Board shall be filled by a majority vote of the remaining members. Sec. 2. As soon as practicable after the first day of July in each year , the Board shall organize by electing one of its members president and one vice-president , which offcers shall hold offce until their successors are elected , unless their mem- bership on the Board sooner expires. The election of each succeeding president and vice-president shall be held at the meeting of the Board during the last week in July of each 11- year. The Board may fill for the unexpired term any vacancy occurring in the offce of the president or vice-president. All meetings shall be in a public offce of the Board , with reason- able provision for attendance by the public. Sec. 3. The Board shall appoint a secretary, not a member 01 the board , and one chief accounting employee who may be secretary. The secretary shall keep a record of the proceed- ings and transactions of the Board , specifying therein the names of the Oommissioners at all meetings and giving the ayes and noes upon all votes. He shall post and publish all orders , resolutions and notices which the Board shall order to be posted or published, and shall perform such other duties as are herein, or may be by order of the Board , imposed upon him. Sec. 4. The Board of Public Utilities shall have power (subject to the provisions of this charter and to such ordi- nances of the city as are not in conflict with the grants of power made to this department of the city government else- ,where in this charter), to supervise , control , regulate and manage the department and to make and enforce all necessary and desirable rules and regulations therefor and for the exer- cise of the powers conferred upon the department by this charter.' It shall have such additional powers and perform such other duties as may be granted or imposed elsewhere in this Charter , or by ordinance not in conflict with the provisions of this Oharter, No grant of power by this Oharter to this department of the city government shall be construed to restrict the power of the Oouncil to enact ordinances under the police power of the city except as otherwise specifically pr()vided in this charter. Sec. 4a. The Board of Public Utilities shall have power to do work for other departments of the city at cost. It shall control all allied activities , such as the police telephone and telegraph systems , fire alarm system , police fiash light system and , subject to the ordinances made by the city council , shan 01 the inspection and supervision of electrical wires and ances for furnishing light , heat or power in , under , over on the streets and buildings of the city of Alameda. Sec. 5. The power conferred by this Oharter upon the Board shall be exercised by order or resolution adopted by a majority of its members and recorded in the minutes with the ayes and noes at length. Such action shall be attested by the signature of the president or vice-president , or two members of the Board , and by the signature of the secretary of the . 6. The Department of Public Utilities shall have the power to use a corporate seal , to sue and be sued , and to have perpetual succession; it shall have the power and duty: 12 1. To acquire , construct , operate , maintain , extend , manage and control works and property for the purpose of supplying the city and its inhabitants with water and electric energy, gas , transportation , telephone and telegraph service, ice , or other systems of providing and distributing refrigerating means , materials and service , or any of them , and with any other public utility, and to acquire and take , by purchase lease , condemnation , or otherwise , and to hold, in the name of the city, any and all property situated within or without the city, and within or without the state , that may be necessary or convenient for such purpose. To borrow money for any or all of such purposes on terms and conditions prescribed by said Board , said indebtedness to be payable only out of the revenue fund pertaining to the municipal works for or on account of which such indebtedness was created. 2. To regulate and control the use , sale , and distribution of water , electric energy, gas , transportation and any oth r utility owned or controlled by the city; the collection of rates there- for and the granting of permits for connection with said water . electric works or gas or transportation .01' other utilties; and to fix the rates to be charged for such connection; and to fix by contract or otherwise and for a term deemed reasonable by the Board, the rates charged for water or electric energy, or transportation or any other utility for use within or with- out the citv and to mescribe the time and the manner. of payment o f the sam e; provided that , except as hereafter otherwise prescribed , such rates shall be of uniform operation as near as may be , and shall be fair and reasonable taking into consideration , among other things , the nature of the use , the quantity supplied , and the value of the service; provided further , that the rates inside the city may be less , but not greater, than the rates outside the city for the same or similar uses. 3, To . supply and distribute , at rates fixed as hereinbefore provided , any surplus water or surplus electric energy or surplus gas or surplus of any other utility owned or controlled; and to fix , by contract or otherwise , the rates to be. charged for public utilities for use without the city, and to prescribe the time and manner of the same. 4. In the discretion of the Board , to divide the work of the department into as many bureaus as the number of public utilities it controls, and to discontinue such bureaus and to consolidate the work of any such. In case such division is made the Board shall have the power to appoint a general manager for each such bureau , in lieu of one general manager for the entire department. Each such general manager shall be the chief engineer of his department , and shall be directly responsible to the Board , and shall have the same powers and duties as the department general manager in relation to the 13 affairs of such bureau and in relation to the Board. A majority vote of the members of the whole Board shall be necessary to remove such department general manager or a bureau gen- eral manager. 5. In the event that all or any portion of a utility is acquired by the Department of Public Utilities under a contract pro- viding for the payment in whole or in part of the purchase price thereof out of revenues to be obtained from said utilty, then , at its option , to appoint an agent, corporate or indi- vidual, to have charge of and to manage the said utility, far as may be permitted by law , pending the time that the revenues of the utility shall pay the full purchase price thereof. In the event of the appointment of such agent contract, the provisions of sections affecting the powers and duties of the Manager and of the Manager of such utiity, shall be suspended as to such utility during the term of such contract. 6. To sue and be sued , and to require the services of the Oity Attorney in all cases to which the Board or Department is a party, provided , that the Board may employ other attor- neys to assist the Oity Attorney. 7. To lease , for a term not exceeding five years , any or an of the lands under its control for agricultural or other pur- poses , which shall not conflict with the beneficial uses of said lands by the city for the purposes for which they are held by the Board; and except as otherwise provided in this Oharter to sell , from time to time , such personal property, placed under its control , as shall not be longer necessary or suitable for the use of such department. The Board shall have the right , in conjunction with the joint use of pipe lines , poles , or pole facilties , with other utilities owning and maintaining pipe lines , poles or pole facilities , to buy, sell or lease fractonal interests in pipe lines , poles or pole facilities owned or con-trolled by said other utilities or by said Board. No real prop- erty nor any rights or interests in real property held by said Board shall be sold , leased , or otherwise disposed of , or in any manner withdrawn from its control , save as above provided unless by written instrument duly authorized by ordinance ofthe city and a resolution of the Board , and duly executed by the city and the Board. No water or water rights nor any of the following property now or hereafter owned or controlled by the city, to-wit, gaselectric energy, or the right to develop electric or other power by means of any water or water right now or hereafter ownedor controlled by the city, shall ever be sold, leased or disposed, in whole or in part , without the assent of two-thirds ofthe qualified voters of the city voting on the proposition at a general or special election , at which such proposition shall be lawfully submitted , and no water shall ever be sold , supplied 16 find that the reasonably expected revenues of such works in each fiscal year for which such appropriation is made wil be amply suffcient to permit of the making of such appropriation in addition to the following: 1. Appropriations to cover the necessary expenses of oper- ating and maintaining such works , and such payments of principal and interest on outstanding bonds , as , under the provisions of this Oharter , and findings or resolutions pro- vided for therein , said Board is required to apportion and set apart; 2. Appropriations to cover all sums coming due in said year for principal and interest upon bonds , notes , certificates or other evidences of indebtedness issued under the provisionsof this Oharter; 3. Appropriations to cover all appropriations made by any prior special budget; and 4. Appropriations to cover all other reasonably anticipated expenses for said year. Any such special budget shall be subject to modification or extension upon like report and finding. It shall be the duty of the Board in adopting the annual departmental budget for each fiscal year to include therein appropriations for each item for which an appropriation for that year has been made by any such special budget. Sec. 9. The Board shall each year apportion and set apart out of the revenue fund in the city treasury pertaining to each such municipal works an amount or amounts suffcient to pay at maturity all sums coming due in said year for prin- cipal and interest , upon all outstanding bonds and/or other obligations issued for the purposes of the works, to which such revenue fund pertains , and also all sums coming due in said year for principal and interest upon all outstanding district bonds , issued for such purposes or such part of the last mentioned sums as can be paid from moneys in said fund not appropriated to other purposes and the Board finds are not required to meet outstanding obligations or liabilities payable out of said fund , including the principal and interest of general bonds; and/or other obligations; and said amounts shall be transferred forthwith into a special fund in the city treasury, to be designated by name indicating the nature purpose of such special fund , and the money in such special fund shall be subject to apportionment by the Oontroller or Auditor as may be required to make such payments on the principal and interest of said bonds and/or other obligations, and for no other purpose. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof. The foregoing pro- visions of this section shall apply to all such bonds now out- standing or hereafter issued; except as in this section pro. 17 vided said Board may, in its discretion , apply the moneys in such revenue funds to such purposes permitted by thisOharter, and in such order and such amounts , as in the exer-cise of such discretion it shall determine. Balances remain- ing unexpended in said revenue funds, and all sums receivableinto said fund from unpaid bils of consumers and other simi- lar sources at the close of any fiscal year , shall be available forappropriations for , and expenditures in , succeeding fiscalyears in like manner and for like purposes as revenues received during such succeeding years. Sec. 10. The Board shall appoint and shall have the power to remove the general manager who shall be the chief admin- istrative offcer and who shall not be subject to any civilservice provisions of this Oharter. Such general manager shallnot be a member of the Board nor shall he have been a mem-ber within one year prior to his appointment. Failure on the part of the general manag'er to comply with the instructions of the Board , or incompetency, dishonesty, discourtesy, or neglect of duty on his part , as determined by the Board, shallconstitute adequate grounds for his removal by said Board provided that the person affected shall be given previouswritten notice of the grounds of the proposed removal and opportunity to be heard by the Board. Sec. 11. Subject to the provisions of this Oharter , the rules of the department and the instructions of his Board, saidgeneral manager shall have the power and duty: 1. To administer the affairs of the department as its chief administrative offcer. 2. To appoint , discharge , suspend, or transfer the employees of the department , other than the secretary of the Board and the chief accounting employee of the department , and tois ructions to said employees , other than the secretary hief accounting employee, in the line of their duties. ject to the civil service provisions of this Oharter. . 0 expend the funds of the department in accordance with the provisions of the budget appropriations or of appro- priations made subsequent to the budget. 4. To recommend to the Board prior to the beginning ofeach year an annual departmental budget covering the revenues and expenditures of the department, con-ng so far as practicable to the forms and dates provided , . this Oharter in relation to the general city budget.5. To certify all expenditures of the department to the chief accounting employee. 6. To exercise such further powers in the aministration of the department as may be conferred upon him by the Board. Sec. 12. The General Manager of such department , at least 2-SCR 6 18 once a month , shall file with the Board a written report on the work of the department. Sec. 13. The Board shall provide suitable quarters , equip- ment and supplies for the department. It shall create the necessary positions in said department , authorize the necessary deputies, assistants and employees and fix their salaries and duties, and fix the salary of the general manager of the depart- ment , and may require bonds of any or all such employees for the faithful performance of their duties. Sec. 14. Wherever in this Oharter provision is made for the discharge of specific duties by a specific appointee , the appointing power of such appointee may designate an employee or employees in the same department with full power to act in place of such appointee in case of his temporary absence or other inability to act; and in other cases upon the written request of such appointee. Sec. 15. The Board shall , prior to the beginning of each :fscal year, adopt an annual departmental budget and make an annual departmental budget appropriation , covering the anticipated revenues and expenditures of said department. Such budget shall conform as far as practicable , to the forms and times provided in this Oharter for the general city budget. Such budget shall contain a sum to be known as the " unap- propriated balance " which sum shall be available for appro- priation by the Board later in the eJ;suing fiscal year to meet contingencies as they may arise. A copy of such budget, when adopted , and' of every resolution subsequently adopted mak- ing appropriation from said unappropriated balance , shall promptly be fied with the Mayor and Oontroller or Auditor. No e enditure shall be made or financial obligations incurredbysu epartment except as authorized by the an depart- mental budget appropriation, or appropriations 'subse- quent to said annual budget, or otherwise provided in this Oharter. Provided , however , an ything 'contained in this Oharter to the contrary notwiths ing, the Board shall have power , at any time, to pledge sai unappropriated balance, or to contract with reference thereto , for any of the pur- poses set forth in this Oharter.Sec. 16. No ney shall be drawn from any. fUXd under the control of s department , except upon warrants authen-ticated by the of chief accounting enlploye.e of the department, w be directly appointed. by the Board and shall be di responsible to it in the discharge of hisduties. The B hall fie with the Oontroller or Auditor a notice giv ame and signature of the chief account- ing employe orIzed to sign its demands as aforesaid. The Boar esolution may authorize a temporary snb- stitution in t e case of the absence or inabilty to act of the person whose signature. is herein required. A copy of any 19 shall be filed with the Oon- NO. Xln of. theOharter of the Oity read as . follows: majority of the council" interpreted as requiring the - 20- affrmative vote of three members of the council. The expres- sions "four-fifths vote of the whole council" or "four-fifths of the council", or "four-fifths of all the members , shall be interpreted as requiring the affrmative vote of four members of the counciL And we further certify that we have compared the fore- going amendments with the original proposals filed and sub- mitted to the qualified electors of the Oity of Alameda aforesaid , and find that the foregoing is a full , true and exact copy thereof. IN WITNESS WHEREOF , we have hereunto set our hands and caused the seal of said Oity of Alameda to be afxed ereto this 12th day of January, 1935. ( SEAL) 24- - ---- - g,~~~ fJ. _____---------- Presient of the Senate .A ttest : --- ~~~- g_ eI9 P:___--------- Secretary of State