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1937 Alameda City CharterCHARTER of the CITY OF ALAMEDA Cl-\.IJ IFORNIA ADO PTED April 29, 1937 APPROVED May 5 , 1937 Senate Concurrent Resolution No. CHARTER of the CITY OF ALAMEDA CALIFORNIA ARTICLE Incorporation and Powers Sec. 1-1. The existing City of Alameda, hereinafter re- ferred to as the "City," shall continue its corporate exist- ence under this charter with the same property rights and the same boundaries as existing at the time this charter takes effect, or as such boundaries may be changed there- after in the manner authorized by law. Sec. 1-2. The City shall have and exercise the following rights and powers , subject to the express limitations herein exp ressed : (a ) To have perpetual succession. (b ) To adopt and use a corporate seal. (c) To sue and be sued. (d ) To make and en force all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this charter. (e) To exercise all rights , powers and privileges hereto- fore or hereafter granted by the Constitution and general laws of the State of California. (f) To act pursuant to procedure established by gen- erallaw , unless a different procedure is established by ordi- nance. ARTICLE II. Offcers Sec. 2-1. The following elective offces are hereby established: Five Councilmen who shall constitute the Council; Auditor , who shall be ex-offcio Assessor; Treas- urer , who shall be ex-offcio Tax Collector. Sec. 2-2. The following offces are hereby established, and the incumbents thereof shall be appointed by the Council by vote of not less than three members thereof and may be removed by vote of not less than four mem- bers thereof: Mayor; City Manager; City Attorney; City Clerk. Sec. 2-3. The following offces are hereby established and the incumbents thereof shall be appointed by and hold offce at the pleasure of the City IVlanager: Chief of Police; Chief of the Fire Department; Health Offcer; City Physi- cian; City Engineer; Superintendent of Streets. Sec. 2-4. The l'layor and members of the Council shall receive no compensation. T'he salary attached to the follow- ing offces shall be fixed by the Council at not less than the following amounts: Auditor , $3 600.00; Treasurer $3,600.00; City l\1anager , $4 000.00; City Attorney, 000.00; City Clerk , $2 400.00. Sec. 2-5. No person shall be qualified to be elected or appointed to any of the elective offces hereinabove set forth unless he shall have been an elector of the City of Alameda for a period of five years continuously next preceding his election. Every City offce r and every full time employee shall be a resident of the City during the tenure of his offce or employment. Sec. 2-6. The term of each elective offcer shall com- mence at 8 :00 o clock p. m. on the third Tuesday in April next following the General Municipal Election at which such offcer was elected and continue for four years there- after and until his successor is elected and qualified. Sec. 2-7. Every vacancy in an elective offce , arising otherwise than as provided in Article XX, shall be filled by the Council. In the event that vacancies exist in a ma- jority of the offces of Councilmen , such vacancies shall be filled by a board consisting of the remaining Councilmen if any, and the following offcers , selected in the order named , suffcient to constitute a board of three, to-wit, Auditor , Treasurer and President of the Board of Library Trustees. After any vacancy in the offce of councilman has continued for twenty-one days , the three offcers last men- tioned in the foregoing sentence , acting as a board, shall have the sole power acting by a majority vote , to fill such vacancy. Sec. 2-8. The term of any person appointed to fill a va- cancy in an elective offce shall commence upon appoint- ment and qualification and continue until 8 :00 o clock p. on the third Tuesday in April following the next General Municipal Election , at which election a successor shall be elected to serve for the remainder of the unexpired term. Sec. 2-9. If any offcer of the City shall remove from the City or absent himself therefrom for more than thirty days consecutively, without the permission of the Council , or shall fail to qualify by taking the oath of offce and fiing his offcial bond , whenever such bond is required , within fifteen days from the time his certificate of election or ap- pointment is mailed or delivered to him , or shall resign , or be convicted of a felony, or be adjudged insane , his offce shall be vacant'. Sec. 2-10. In the event of a vacancy in the offce of Auditor , Treasurer , City Attorney or City Clerk , the ranking deputy or assistant shall , during such vacancy, per- form the duties of such offce. Sec. 2-11. Any incumbent of any Fe deral , State or County offce , except notary public or offcer in the military or naval reserve forces , shall be ineligible to hold any elec- tive offce or offce of member of any board created by this charter. Sec. 2-12. The persons occupying the offces set forth in Sections 2-, 2-2 and 2-, their assistants and deputies , and members of all boards , provided for in Section 10-, shall be the offcers of the City. Sec. 2-13. All offcers , boards and the certified public accountant appointed pursuant to Sub-Section 3-7c shall have power to administer oaths and affrmations , to exam- ine witnesses and compel their attendance by subpoena in all matters affecting their respective offces and positions. All legal process issued pursuant to this section shall be executed by or under the authority of the Chief of Police. ARTICLE III. City Council Sec. 3-1. All powers of the City and all powers vested in city councils (except the powers reserved to the People or delegated to other offcers or boards by this charter) shall be vested in a Council consisting of five Councilmen. Sec. 3-2. The Council may confer upon any board or offcer powers and duties additional to those set forth in this charter. Sec. 3-3. The Council may, on its own motion , submitto the electorate by initiative or referendum any proposed resolution or ordinance which could be enacted by the Council. Sec. 3-4. The vote of three members of the Council except as otherwise provided , shall be necessary for anyact of or by the Council. Sec. 3-5. The Councilmen present at any meeting regu- larly held may compel the attendance of absent members in such manner and subject to such penalties as the Council may have prescribed by ordinance. Sec. 3-6. In the event that any Councilman shall , with-out being excused by the Council , absent himself from four or more consecutive regular meetings of the Council extending over a period of not less than thirty days , his offce shall be vacant. Sec. 3-7. The Council shall: (a) Meet at 8 :00 o clockm. on the third Tuesday of the month next succeedingthe month in which the General Municipal Election is held , and organize by selecting from its membership a Mayor , who shall be the President of the Council , and a Vice-President of the Council , whose terms shall com-mence upon selection and continue until the selection and qualification of their successors following the next Gen- eral l'funicipal Election. (b) Hold regular meetings at least twice in each monthas fixed by ordinance. Its meetings shall be public andheld in the Council Chambers of the City Hall. Specialmeetings may be called by the Mayor or by three Council- men by serving the Councilmcn personally with written notices of time and purpose of tl e meeting, or leaving such notices at places designated by the respective members , at least three hours before the time of the proposed meeting. (c) Contract and fix the compensation for the services of a certified public accountant , who shall at least semi- annually investigate the transactions and audit the accounts of all offcers having the collection , custody or disburse- ment of public money, or having the power to approve allow or audit demands on the treasury. He shall have free access to all records , books , and papers in all depart- ments of the City. He may at any time visit any of the public offces and make examinations and investigations therein without hind rance. He must examine the offcial bonds of all City offcers and employees and investigate the suffciency and solvency of the sureties thereon. At the close of his investigation he shall file with the Council a written report containing his recommendations. If during his examination and audit it shall appear that a public offense has been committed , or that any offcer or employee is in default , or that the surety on any bond is insuffcient he shall immediately report to the Council , which shall take such proceedings as are authorized by law. (d) Provide by ordinance for annual vacations with pay for all City offcers and employees. (e) Fix the amounts and determine the offcers and em- ployees who shall give bonds to the City for the faithful performance of their duties. All such bonds shall be exe- cuted by surety companies qualified to do business in the State of California and be subject to approval by the Council and shall be filed with the City Clerk , except that the bond of the City Clerk shall be fied with the Auditor. The premiums on all such bonds shall be paid by the City. (f) Prescribe the form of oath of offce and require that every offcer shall , before entering upon the duties of his offce, take and file such oath with the City Clerk. (g) Establish and abolish offces and positions of em- ployment and fix the compensation and duties thereof except as herein otherwise provided. (h) Designate the person to perform the duties of City 1\1anager in the event of his absence or disability. (i) Establish on or before July 1 , 1938 , a retirement pension and insurance system for City offcers and em- ployees based on sound actuarial principles , which system once adopted shall not be amended except by the vote of five Members of the Council , and shall not be repealed except by the People. Such system shall provide for the support thereof by deductions from the compensation of offcers and employees of the City and contributions from City funds and funds under the control of the respective boards. Sec. 3-8. The Council shall act by ordinance , resolution or motion , and the vote of each member of the Council on ordinances and resolutions shall be entered in the journal. Sec. 3-9. No member of the Council shall , during his term of offce , be eligible to appointment to any board created by this charter. Sec. 3-10. All acts of the Council imposing penal ties public regulations , granting franchises , or providing for the acquisition , transfer or lease for a period longer than one year of real property shall be by ordinance. No real property of the City shall be leased for a period in excess of one year or sold except upon vote of four l\1embcrs of the Council. Sec. 3-11. The enacting clause of every ordinance passed by the Council shall be , " Be it Ordained by the Council of the City of Alameda." Every amendment of an ordinance shall be germane to the original purpose of such ordinance. Evcry ordinance shall be signed by the offcer presiding at the time of its adoption and attested by the City Clerk. No ordinance shall be passed by the Council within five days after its introduction , or at any time other than at a regular meeting or an adjourncd regular meeting, except as provided in the following section. Sec. 3-12. No ordinance shall take effect within thirty days after its final passage , except that in the event of great necessity or emergency and by four votes of the Council , and if no financial obligation is imposed upon the City for a longer period than one year , an ordinance may be passed at any meeting of the Council and may take effect at such time as the Council may specify. Sec. 3-13. No ordinance shall be re-enacted or amended by reference to its title only, or without setting forth the amended or re-enacted sections or sub-sections thereof in full. Sec. 3-14. All ordinances shall be published once in the offcial Newspaper within three days after the same shall havc been finally passed. See. 3-15. When the expenditure required for the pur- chase of materials or supplies , or for the making of public work or improvements , excceds the sum of one thousand dollars , the same shall be done by written contract and let to the responsible bidder who submits the lowest and best bid , after advertising in the Offcial Newspaper by at least one insertion for scaled proposals , which advertising shall be made at least five days prior to the time for receipt of bids. Advertisements for bids may set forth the general charactcr of the work , materials , or supplies and refer for details to specifications on file in the offce of the City Clerk. The Council may reject all bids. I n case no bids are received , the Council may make such public work or improvements without contract or purchase such materials or supplies in the open market. The Council may, by four votes , either with or without prior advertising, as herein- above set forth , determine that in its opinion the public work or improvements in question will be performed more economically by the City without contract , or that the materials or supplies can be purchased at a lower price the open market , or that great necessity or emergency requires immediate action , and thereupon proceed to make such public work or improvements without contract and to purchase such materials or supplies in the open market. Sec. 3- t 6. A preference of not to exceed five perccnt of the lowest bid may be allowed by the Council on all bids for materials and supplies made by a person \vho , for more tlian one year continuously preceding the making of such bid , had an established place of business in the City manu facturing, processing, wholesaling or rctailing such ma terials and supplies. Sec. 3-17. When entering into any contract for labor or hiring any labor for public contract work , preference shall be given to contractors , mechanics , artisans or other laborers of any class, who shall have actuall)' resided in rhe City for a period of six months preceding the date of thei r engagement to perform labor , quality and price of work being equal. Sec. 3- t 8. The Council shall annually, after advertising in the manner provided for the purchase of supplies , award :1 contract to the responsible bidder who submits the lowest and best bid for publication of all legal advertisinr; of the City in a newspaper of general circulation published in the City for a period of not less than one year immedi- ately preceding the making of such bid , and having a bona fide paid circulation of at least one thousand copies: The newspaper published by the successful bidder shall be the Offcial Newspaper of the City. The Council may reject all bids. In lieu of newspaper advertising the Council may issue and publish a bulletin containing such matter as it is 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 registration records of Alameda County, and shall also post printed copies of such adver- tisement in three public places in the City of Alameda. ARTICLE IV. Auditor Sec. 4-1. The Auditor shall perform all the duties of A uditor and Assessor prescribed by this charter , by ordi- nance and by general law and shall devote his entire time to the duties of his offce. He shall , subject to Civil Service requirements , have power to appoint, discipline and remove all deputies and employees in his offce and shall be respon- sible for the acts thereof on his offcial bond. Sec. 4-2. He shall be the general accountant of the City and shall have the custody of and preserve in his offce all accounts , books , vouchers documents and papers relating to the debts , revenues and other financial affairs of the City. Sec. 4-3. He shall keep an accurate account of all money transactions of the City, and at all times his records shall reflect the exact condition of the treasury and he shall certify the same to the Council at least monthly. Sec. 4-4. I-Ie shall establish a uniform system of book- keeping and accounts for the City and all offcers , depart- ments and boards thereof. Sec. 4-5. Every demand presented to him shall specify on its face the several items composing it , the amouf,ts and the dates thereof and shall be numbered and acted upon in the order of presentation. Every demand shall , before pay- ment , be presented to the Auditor with the allowance thereon of the Councilor board which appropriated the money pursuant to which said demand is made, except that demands for salary need bear the allowance only of the City l\1anager or executive offcer under whose jurisdiction the services are rendered. The Auditor shall not allow any demand unless the same is legally due , its payment authorized by law , and in consequence of appropriations made pursuant to this charter. Upon allowance , the Audi- tor shall endorse on each demand the word "Allowed the name of thc fund out of which it is payable and the date and consecutive number of its allowance and shall sign his name thereto. Sec. 4-6. No warrant shall be drawn by the Auditor unless there are suffcient moneys otherwise unappropriated in the fund against which the warrant is drawn to pay the same. Sec. 4-7 . No contract required to be in writing and imposing any financial obligation upon the City shall be binding or of any force unless the Auditor shall endorse thereon his certificate that there remains an unexpended and unapplied balance of the appropriation or fund appli- cable thereto suffcicnt to pay and fully discharge the City obligation under such contract as certified by the Board or offcer making the same. All sums of money represented by such endorsements outstanding shall be used for other purpose except the payment and discharge of the respective contracts so endorsed. ARTICLE V. Treasurer Sec. 5-1. The Treasurer shall perform all the duties of Treasurer and Tax Collector prescribed by this charter by ordinance and by general law and shall devote his entire time to the duties of his offce. He shall , subject to Civil Service requirements , have power to appoint , discipline and remove all deputies and employees in his offce and shall be responsible for the acts thereof on his offcial bond. See. 5-2. He shall have custody of all moneys belonging to the City, or to any offcer of the City in his offcial capacity. He shall payout money belonging to the City or in his offcial custody only upon warrants drawn upon him duly issued by the Auditor. Sec. 5-3. The Treasurer shall not receive any moneys unless the payment of the same is accompanied by the cer- tificate of the Auditor , stating the amount of the same , to what fund payable and by whom to be paid. ARTICLE VI. Mayor Sec. 6-1. The l\1ayor shall be the offcial and ceremonial head of the City and shall preside at all meetings of the Council. He may take command of the Police and Fire Departments and govern the City by proclamation when- ever the Council determines that public danger or emer- gency requi res such action. Sec. 6-2. During the absence or disability of the Mayor the Vice-President of the Council shall perform the offcial duties of IHayor , and during the absence or disability ofboth such officers , the remaining members of' the Council shall select a .Mayor Pro-tempore. Sec. 6-3. Vacancies in the offce of 1\1ayor shall be filled by the Council. Sec. 6-4. There is hereby appropriated to the use of the 1\1ayor in the discharge of his offce the sum of fifty dollarseach month for which he need furnish no vouchers. ARTICLE VII. City Manager Section. 7-1. The City Manager shall he the Chief Administrative Offcer of the City and shall be chosen bythe Council on the basis of his executive and administra- tive qualifications , with special reference to his actualexperience in , or his knowledge of , accepted practice inrespect to the duties of his offce as hereinafter outlined. Sec. 7-2. The City 1\1anager shall have the power andit shall be his duty: (a) To administer and execute policies and undertak- ings formulated by the Council. (b) To en force all laws and ordinances , except as pro- vided by Section 6-, and he is hereby declared to be bene-ficially interested in their enforcement and to have powerto sue in proper courts to enforce them. (c) To appoint , discipline and remove all offcers and employees of the City under his jurisdiction , subject to Civil Service requirements. (d) To act as purchasing agent for the City and all offcers and boards thereof , except the Board of Education and the Public Utilities Board unless so requested by them. (e) To attend all meetings of the Council unless excused by the Council or the l\1ayor. (f) To keep the Council at all times fully advised as to the needs of the City, and to recommend suchmeasufes and policies as he may deem expedient. (g) To conduct such investigations and prepare such plans , specifications or reports as may be specified by the Council. (h) To see that all contracts and franchises made under his jurisdiction or that of the Council are faithfully per- formed , and to report all violations thereof to the Council. (i) To supervise and administer all public parks , golf courses , recreation areas , wharves , docks and other public properties, utilities and facilities belonging to the City, except as in this charter otherwise provided. (j) To appoint technical advisory experts or boards with the consent of and at such compensation as may be provided by the Council. (k) Until a Civil Service ordinance shall be in force to establish examinations as to fitness of applicants for positions below the rank of Chief in the Police and Fire Departments , and to make appointments therein only on the basis of merit after such examinations. (1) To prepare and submit a budget as required by this charter. (m) To investigate the conduct and proceedings of any offcer or board of the City when he shall deem the same necessary, or when so directed by the Council. (n) To devote his entire time to the duties of his offce. (0) To formulate rules and regulations for offcers and employees under his jurisdiction. Sec. 7-3. Neither the Council nor .any of the members thereof shall interfere with the execution by the City Manager of his powers and duties. Except for purposes of inquiry, the Council and its members shall deal with that portion of the administrative service for which the I City Manager is responsible solely through him. An attempt by a Councilman to influence the City Manager in the making of any appointment or the purchase of any materials or supplies shall subject such Councilman to removal from offce for mal feasance. Sec. 7-4. The City Manager shall appoint a Chief of Police. who shall be the chief executive of the Police Department. Sec. 7-5. The City Manager shall appoint a Chief of the Fire Department who shall be the chief executive of the Fire Department. Sec. 7-6. The City Manager shall appoint a Health Offcer who shall be the chief executive of the Health Department. The Health Offcer shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California , or a degree representing equivalent training in public health. He shall exercise all the powers and duties vested in boards of health or health offcers by general law or ordinance now or hereafter adopted. Sec. 7-7. The City Manager shall appoint a City Physi- cian who shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California. The City Physician shall , without charge and as required by the Council , render emergency, surgical and medical service , and make such medical examinations as may be necessary for the administration of the affairs of the City Government. He shall have charge of any receiving hos- pital or dispensary established by the City. Sec. 7-8. The City Manager may consolidate the offces of Health Offcer and City Physician. Sec. 7-9. The City Manager shall appoint a Superin- tendent of Streets who shall be the chief executive of the Street Department. Sec. 7-10. The City Manager shall appoint a City Engineer who must have been , prior to his appointment, a practicing Civil Engineer for a period of not less than five years. He shall be the custodian of all engineering records of the City, and all engineering records prepared by him shall be the property of the City. Sec. 7-11. The City Manager may consolidate the offces of Superintendent of Streets and City Engineer. Sec. 7-12. The Chief of Police, Chief of the Fire Department, Health Offcer , City Physician, Superintend- ent of Streets and City Engineer shall each have power to discipline any employee under his control by the impo- sition of a fine not to exceed one month's salary, or by suspension without pay for not to exceed thirty days , or other penalty less than dismissal , subject to appeal to the City Manager who shall , on such appeal , have final and arbitrary authority to affrm , modify or revoke such . penalty.ARTICLE VIII. City Attorney Sec. 8-1. The City Attorney shall have been , at the time of his appointment , regularly admitted to practice and engaged in the practice of law in the State of California for a period of at least five years next preceding such appointment. Sec. 8-2. The City Attorney shall prosecute all viola- tions of the ordinances of the City. He shall , subject to the general direction of the Council , board or elective offcer having jurisdiction of the matter , prosecute and defend for the City and all boards , offcers and employees in their official capacity all proceedings before judicial and quasi-judicial tribunals. He shall not compromise , settle or dismiss any action for or against the City without per- mission of the Council. He shall not commence any action without permission of the Council or written instruction of the City l\lanager. He shall be the legal ad visor of and attorney and counsel for the City and for all offcers and boards thereof , in all matters relating to their offcial duties , and whenever requested in writing by any of them he shall give his legal advice in writing. Sec. 8-3. He shall approve the form of all bonds given to the City, prepare all contracts or legal instruments in which the City is interested , and shall endorse on each his approval of the form thereof. He shall , when required by the Council , or any member thereof , draft proposed City ordinances and amendments thereto. He shall deliver all books, papers documents and property of every descrip- tion belonging to his offce or to the City, to his successor in offce. Sec. 8-4. The City Attorney shall appoint , discipline and remove , subject to Civil Service requirements , all assistants , deputies and employees under his authority. All assistants and deputies must be duly admitted to practice law in the State of California. Sec. 8-5. The Council , or any board with the consent of the Council , may empower the City Attorney, at his request , to employ special legal counsel. ARTICLE IX. City Clerk Sec. 9-1. It shall be the duty of the City Clerk: (a) To perform all duties imposed upon him by general law where not inconsistent with this charter or the ordi- nances of the City and to devote his entire time to the duties of his offce. (b) To act as Clerk of the City Council and keep an accurate public record of the proceedings thereof , and also separate , properly indexed books in which , respectively, he shall record all ordinances and resolutions. (c) To have custody of the offcial Seal , deeds, leases contracts and all records of the Council and such other offcial records as may be committed to his care. (d) To take affdavits and administer oaths , without charge, in all matters affecting the business of the City. (e) To appoint , discipline and remove , subject to Civil Service requirements , all employees and deputies in his offce , subject as to all deputies , to the approval of the Council. (f) To act as Secretary of the City Planning Board. ARTICLE X. Boards Sec. to-I. The following Boards are hereby established: Board of Education; Public Utilities Board; Civil Service Board; C i t y P I ann i n g Board; Social Service Boa rd Library Board. Sec. 10-2. Each of said Boards , except the Public Utili- ties Board and Social Service Board , shall consist of five members. Upon nomination of the Mayor , the Council shall appoint , between May 1 and July 1 of each year one member of each such Board for a term commencing on the first day of July following such appointment and continuing for five years , and thereafter until the succes- sor of such member is appointed and qualified. Sec. 10-3. The Public Utilities Board shall consist of five members , one of whom shall be the City Manager who shall have full power of participating and voting.Upon nomination of the l\/layor , the Council shall appoint between May 1 and July 1 of each year , one member ofsaid Board for a term commencing on the first day of July following such appointment and continuing for four years and thereafter until the successor of such member is appointed and qualified. Sec. 10-4. The Social Service Board shall consist of seven members , one of whom shall be the City l\1anager who shall have full power of participating and voting.Upon nomination of the l\1ayor , the Council shall appoint between l\1ay 1 and July 1 of each year , two members ofsuch Board for terms commencing on the first day of Julyfollowing such appointment and continuing for three years and thereafter until the successor of such member is appointed and qualified. Sec. 10-5. A vacancy in the offce of a member of any . board shall be filled for the unexpired term by nomina- tion and appointment in the manner hereinabove set forth. Sec. 10-6. All members of such boards shall , at the time of their appointment and continuously during their incumbency, be electors of the City. Sec. 10-7. Each person appointed to membership of anyof said boards shall be particularly qualified to discharge the functions of his offce and , to that end: (a) One member of the Public Utilities Board shall be an electrical , civil , mining or mechanical engineer. Sec. 10-8. The members of such boards shall receive no compensation. Sec. 10-9. A member of any such board may be removed by the vote of four members of the Council. Sec. 10-10. At its fi rst meeting after July 1 of each year , each such board shall select a President , a Vice-Presi- dent , a Secretary and such other offcers as it may desi reo Sec. 10-11. Each of-said boards shall have the power to establish rules for its proceedings , appoint , discipline and remove ( subject to Civil Service requirements) it offcers and employees and prescribe their duties and exercise all authority and perform all duties prescribed by this charter, and by general law or ordinances. Sec. 1 0-12. No position of employment with any right of compensation attached thereto shall be established under the jurisdiction of any of said boards , except the Board of Education , the Public Utilities Board and the Library Board , except by a-cion of the Council. Sec. 10-13. The votes of a majority of the entire mem- bership of a board shall be necessary for action thereof. ARTICLE XI. Board of Education See. 11-1. The Boa rd of Ed llcation shall control and manage the public schools in the City in accordance with lhe Constitution and general law of the State of Cali- fornia, and is hereby vested with all the powers and charged \vith all the duties provided by this Charter and by general law for governing boards of city school districts. Sec. 11-2. In the event that the estimated income for support of the schools in the City, exclusive of City funds , in the opinion of the Board of Education , insuffcient to properly support such schools , the Board shall , on or before the second Monday in May of each year , submit to the Council its itemized budget of estimated income and expenses for the next ensuing fiscal year , accompanied hy a request for such sums of money as will be necessary to balance such budget. The Council shall include in the next succeeding tax levy and apportion to the Alameda School Fund as received the amount of money so requested except that by the a ff i r mat i v e vote of four members thereof , the Council may reduce such amount and appor- rion to such Fund , not less than twenty cents on each one hundred dollars of assessed valuation. Such Fund shall he expended by the Board of Education , but otherwise held and audited as other City funds. Sec. 12- ARTICLE XI Public Utilities Board The Public Utilities Board shall have the power: (a) To control and manage all public utilities owned bv the City used for the purpose of generating, distribut- g or selling gas or electricity or for the purpose of fur- nishing transportation. (b) To control and manage any City-owned public utility, the control and management of which shall have hcen delegated to the Board by the Councilor the People. (c) To contract for the purchase of materials and sup- plies , subject to the provisions of Sections 3-15 and 3- of this charter except as otherwise in this article expressly provided. In connection with such contracts the Board may exercise the powers conferred upon the Council by said sections. See. 12-2. The Board shall also have the power , with- out reference to advertising or competitive bidding: (a) To contract for the purchase, for not to exceed five years , of gas , electrical energy or such other public utility service or commodity ' necessary for the operation of a public utility under the control and management of the Board.(b) To advertise and publicise the business of any public utility under its control and management. (c) To acquire full or joint use of poles, pipes, con- duits and rights of way; and to acquire by lease or pur- chase in the name of the City real property necessary for its purposes. (d) To purchase out of a revolving fund goods , wares and merchandise to be resold for the purpose of increasing the public utility services or commodities under the control and management of the Board; provided , the total amount of money in such fund , together with the amount of money' invested in such goods , wares and merchandise , shall not in the aggregate exceed the sum of $15,000.00. Sec. 12-3. The Board shall also have the power: (a ) To sell obsolete or unnecessary personal propertY,1 subject to the consent of the Council on all sales exceed- ing the sum of three thousand dollars. (b) To make any original construction of and any improvement to any utility under the control and manage- ment of the Board , and to do and perform any work for the City or any board thereof at cost; provided , however if the Board shall elect to make any such original can struction of or improvement to any such utility by con-tract , then the same shall be done subject to the provisions of Sections 3-15 and 3-, the Board exercising the powers conferred upon the Council in said sections.(c) To fix rates for the services of all utilities underits control and management. (d) To establish and abolish positions of employmentunder its control and fix the compensation and prescribethe duties thereof. No employee of the Board receivingcompensation from it shall be , or within one year preced-ing his employment have been , a member of the Board. (e) To borrow , with the approval of the Council and not otherwise , not to exceed one hundred thousand dollars in the aggregate for capital investment. Money borrowedpursuant to this sub-section shall provide that the samemay be repaid at any time and shall be repaid withintwenty years from date thereof. (f) To invest the reserves provided for in Section 12- in bonds of the City, bonds of the United States , of theState of California or of any county or municipality in the State of California. Sec. 12-4. The Board shall: (a) Keep books and records for each utility under its control and management in the manner prescribed by theCalifornia Railroad Commission or its successor in author-ity, and all other fiscal records in the manner prescribedby the Auditor. (b) File with the 'Auditor and Council monthly andannual reports setting forth the financial and physical con-dition of the utilities under its control and management accompanied by monthly and annual audits prepared bythe Certified Public Accountant referred to in Section7 (c). (c) l\1aintain a store room and store room system wherein a detailed record shall be kept of all materials received and issued in a manner satisfactory to and sub- ject to the audit of the Accountant referred to in the next preceding sub-section. (d) Prepare and adopt an annual budget. Sec. 12-5. Neither the City nor the Board shall engage in any public utility business , in which the City or the Board is not now engaged , except with the consent of the. People expressed by a two-thirds vote. See. 12-6. The Board may retain from earnings of public utilities under its management and control in each' fiscal year after payment of bond interest and sinking fund requi rements and operating expenses excl usive of depre- ciation , a sum equal to ten percent of the investment Fixed Capital in Service of such utilities at the beginning of such fiscal year , as a reserve for contingencies , replace- ments , renewals , additions and improvements; provided however , that when the amount of Working Capital (Current Accrued Assets less Current Accrued Liabili- ties) at the end of such fiscal year shall be equivalent to or in excess of twenty-five percent of the Fixed Capital in Service as of the same date if an amount equal to five per cent of Fixed Capital in Service at the beginning of, the fiscal year were retained , then and in such event the; sum retained for the fiscal year shall be reduced to five' percent of the Fixed Capital in Service at the beginning; of the fiscal year. All earnings of such utilities for the fiscal year in excess of said payments and retainments shall be transferred bYI the Board to the General Fund of the City, unless the, Council prior to the end of the fiscal year shall authorizel the Board to retain for said reserve a larger percentage than above set forth. For the purpose of carrying out the provisions of this section the Board prior to the first day of each fiscal year shall make an estimatc of the amount to be earned in the fiscal year in excess of said payments and retainments and said excess amount as estimated shall be transferred to the General Fund of the City quarterly or as mutually agreed upon between the Board and the Council. Any balance of such excess amount for the fiscal year shall be transferred by the Board to the General Fund of the City on or before the first day of August next succeeding the end of said fiscal year. ARTICLE XIII. Civil Service Boa rd Sec. 13-The Civil Service Board shall have power and it shall be its duty to administer the Civil Service System of the City. Sec. 13-2. The Council , on or before July 1 , 1938 , shall establish by ordinance a Civil Service System for the City. Such ordinance , once adopted , shall not be amended, except by vote of five members of the Council and shall not be repealed , except by the People. No position of employment , once placed under such Civil Service System shall be removed therefrom , except pursuant to such Civil Service Ordinance or by vote of the People. Sec. 13-3. Any member of the Police or Fire Depart- ment who shall have been in the service of the City for three years , shall , if dismissed , have the right to appeal to the Civil Service Board , which shall have the power to hear the charges and determine the penalty. The pro- cedure for such appeal shall be determined by the Civil Service Ordinance , or in default thereof , by the Civil Service Board. ARTICLE XIV. City Planning Board Sec. 14-1. The City Planning Board shall have such powers and duties as may be delegated by City ordinance. I t shall have power to investigate and recommend plans for the future development , improvement and beautifica- tion of the City, including landscaping, planting and careof trees on public streets , parks and playgrounds , the improvement and development of harbor facilities , the location and improvement of public buildings and works and the subdivision and zoning of land. ARTICLE XV. Social Service Board Sec. 15- I. The Social Service Board shall have the power: (a) To investigate and endorse charitable and philan. thropic corporations or associations dependent upon public appeal or general solicitations for support. (b ) To encourage the formation of private social wel. fare organizations to meet needs not already provided for and to foster all worthy philanthropic enterprises.(c) To investigate misstatements , deceptions and frauds in connection with charitable solicitations and recommend appropriate action thereon. (d) To supervise in such manner as the Council may, determine all employment bureaus , day nurseries and other social service functions established by the City. ARTICLE XVI. Library Board Sec. 16-1. The Library Board shall have the power: (a) To control and manage the Public Library System of the City. (b) To expend for library purposes all moneys in the Library Fund , which fund is hereby created. (c) To make and enforce rules and regulations neces- sary for the administration , government and protection of the Library System and all property thereof. (d) To purchase necessary books , journals , publica- tions and other personal property. (e) To borrow books from , rent books to and exchange the same with other libraries , and to extend library privi- leges to nonresidents upon such conditions as the Board may prescribe. Sec. 16-2. On or before the second l\1onday in May of each year , the Library Board shall submit to the Council an itemizrd budget of the amount of money necessary for the administration of the Library System of the City dur- ing the next ensuing fiscal year. To the extent of seven cents on each one hund red dollars of assessed valuation, the Council shall. and as to any excess thereover set forth in such estimate the Council may, include in the next suc- ceeding tax levy and apportion to the Library Fund received moneys for the purposes set forth in such budget. Sec. 16-3. All fines and other money arising out of the administration of the Public Library System of the City or gifts or trusts therefor shall be deposited in the Library Fund. ARTICLE XVII. Finance and Taxation Sec. t 7- t. The fiscal year of the City shall commence on the first day of July of each year and shall end on the next succeeding thi rtieth day of June. Sec. 17-2. On or before the second Monday in May of each year , each Board or offcer having supervision or con- trol of the expenditure of City funds , and every offcer or Board so directed by the City Manager shall transmit to the City Manager detailed estimates of income and expen- diture for the ensuing fiscal year. Sec. t 7 -3. On or before the first Tuesday in August of each year , the City l\1anager shall transmit to the Council detailed budget showing the estimated revenues and expenditures of the City and all Departments thereof for the ensuing fiscal year. Sec. t 7 -4. At any time after the fi rst day of September and not later than the third Tuesday in September of each year, the Council shall adopt a budget and fix the rate of City taxes to be levied and collected upon the property assessed for taxation within the limits of the City, on the basis of the valuation thereof as shown by the assessment roll in the offce of the City Assessor. Such. rate , after allowing three percent of the assessed valuation for delinquencies , must yield suffcient revenue for the financial needs of the City for the current fiscal year. Sec. 17-5. Except in the event of great necessity or emergency, and in such event only by ordinance reciting the same and passed by the vote of not less than four members of the Council , or except when authorized majority vote of the People , the annual tax levy, exdu- sive of sums necessary to provide for interest and sinking funds on the City s bonded indebtedness , and to pay for street and sewer work , maintenance and improvement of public parks , squares and grounds , salaries of employees of the Fire Department and the moneys apportioned to the Board of Education pursuant to Section 11-, shall not exceed the rate of one dollar for each one hundred dollars assessed valuation. Sec. 17-6. The Council shall fix the tax rate by desig- nating the number of cents levied on each one hundred dollars of assessed valuation of taxable property. specify- ing the portion of the whole which shall belong to any particular fund of the City, and designating also the por- tion thereof appropriated for each special purpose or for the bonded indebtedness of the City. I f the Council shall fail to fix the tax rate within the time prescribed , the rate for the next preceding fiscal year shall thereupon be auto- matically adopted. Sec. 17-7. Unless otherwise provided by ordinance , the levy and collection of City taxes shall be pursuant to gen- eral law for the levy and collection of State and County taxes , and to that end all duties required by general law to be performed by county offcers shall be performed by the City offcers performing similat duties and all sales for delinquent taxes shall be made to the City. Sec. 17-8. All moneys received by any offcer or em- ployee of the City in his offcial capacity or belonging to the City, and all moneys directed by general law or by this charter to he paid or deposited in the City Treasury shall be paid into the Treasury daily by the offcer or employee receiving the same. Sec. 17-9. All charges , fees , commissions and percent- ages collected or received by any offcer or employe of the City for the performance of any ofticial duty shall the property of the City. See. 17-10. The l\1ayor , Auditor and City l'Ianager shall , together , count the money in the City Treasury least once in every three months and ascertain the amount' of money on hand and make a written report thereof to' the Council within five days thereafter showing whether the money in the City Treasury corresponds to the amount shown by the fiscal records of thc City. Sec. 17-11. A Police Secret Fund in such amount the Council may from time to time appropriate is hereby established under the sole control of the City l\1anager. It shall be withdrawable by him without reference to the auditing provisions of this charter. Such fund shall be expended by the City l\1anager and the Chief of Police under the direction of the City l\/1anager for investigation and police work of a secret character and for no other. purpose. Scmi-annually and at such other times as the Council may require , the City l\1anager shall file with the Council his affdavit and the affdavit of thc Chief Police that all moneys expended out of the fund have been used for the purposes hereinabove set forth. Sec. 17-12. An Emergency Revolving Fund , the unex- pended balance of which shall at no time exceed five hun- dred dollars , is hereby established. The Council shan appropriate to such fund from time to time such amounts as it decms proper. Such fund shall be expended for emcrgency purposes only upon demands signed by Loth the City l\1anager and the Auditor , but not othen\lse appropriated , audited , allowed or approved. Said ofticers shall take receipts for all money expended out of slIch fund and at least quarterly shall file with the COUI1cii detailed statement of such expenditures. Sec. 17-13. The Council may provide for the estab- lishment of a permanent revolving fund , to be known as the Cash Basis Fund , suffcient to place the business of the City upon a cash basis. ARTICLE XVIII. Franchises Sec. 18-1. Franchises may be granted for the use by any public utility of the streets , public places or property of the City upon such terms , conditions , restrictions and limitations as may be prescribed by ordinance , but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred; nor for a longer period than twenty years unless there be re- served to the City the right to take over at any time the portion of such utility located within the City without compensation for the value of the franchise granted. ARTICLE XIX. l\1 unicipal Elections Sec. 19-1. l\1unicipal Elections held in the City of Alameda shall he classified as of two kinds: (a) General Municipal Elections; (b) Special IH unicipal Elections. Sec. 19-2. A General 1\1 unicipal Election shall be held bi-annually on the second Tuesday in March of each odd numbered year. The first General 1\1unicipal Election after the adoption of this charter shall be held on Tues- day, March 14 , 1939. AU other municipal elections shall be Special Municipal Elections. A Special 1\1unicipal Election may be called by ordinance or by resolution of the Council. 3 t Sec. 19-3. The provisions of general law and the Con- stitution of the State of California relating to the quali- fications of electors , and the provisions of general law governing elections for State and County offcers , not inconsistent with the provisions of this charter , and so far as they may be applicable , shall govern all municipal elec- tions. The Council and the City Clerk respectively, shall exercise the powers and perform the duties conferred or imposed by general law on the Board of Supervisors and. County Clerks respectively, concerning elections. Sec. 19-4. No person shall become a cand idate for an. elective offce of the City unless he shall have been nom- inated as provided in this article. Every candidate for elective offce shall be nominated by written petition signed by not less than thirty nor more than fifty qualified electors of the City. Such Nominating Petition may con- sist of one or more sections , provided that each such section shall contain a full and accurate copy of the text of the petition. Each signer shall add to his signature his place of residence , giving street and number when such designation can be given. One of the signers of each petition , or of each separate section if SUC!l petition be sections , shall make oath that the statements therein are, true , and that each signature was affxed in his presence and is the signature of the person whose name purportst. to be thereto subscribed. Each Nominating Petition shaW state the add ress of the candidate , the offce for which he is nominated , and must be accompanied by the written acceptance of the candidate therein named. No more than one candidate may be named in anyone petition. In case an elector has signed two or more nominating petitions for the same offce, all such signatures , except the one appearing on the petition first presented , shall be rejected; provided , however , that in case two or more persons are to be elected to the same offce at the same election , an elector may sign the Nominating Petition of as many per- sons as there are offcers to be elected to such office. Signa- tures on Nominating Petitions shall not be withdrawn. Sec. 19-5. Every Nominating Petition must be filed with the City Clerk not earlier than sixty days nor later than thirty days before any General Municipal Election. On receipt of any such petition the City Clerk must file the same and thereupon he shall examine and determine whether it conforms to the requirements of this charter and from the current affdavits of registration on file in the offce of the County Clerk of the County of Alameda shall ascertain and determine whether said petition properly signed by the requisite number of qualified electors , and within five days from such filing he must attach to said pctition his certificate showing the result of his examination. If the petition be found insuffcient such ccrtificate shall designate the defects therein , and such petition may then be amended or supplemented by the filing, not less than thirty days before such General lHunicipal Election , of an amended or supplemental peti- tion , and the City Clerk shall, within five days from the filing thereof , make like examination of the same and attach his certificate thereto. Sec. 19-6. Any person named in a Nominating Petition filed as herein provided may, not later than twenty-five days before the ensuing General Municipal Election , cause his name to be withdrawn from nomination by fiing with the City Clerk a statement of withdrawal acknowledged before a notary public. The names of candidates who have- withdrawn , or who have died , twenty-five days or more before said election , shall not be printed upon the ballot nor entered in the list of candidates. If by reason of such withdrawal or death , the number of candidates remaining does not exceed the number of offcers to be elected to an offce , then other nominations may be made for such offIce by presenting petitions therefor not later than twenty-one days prior to such election , but no amendment or supple- ment to any such petition shall be allowed. Sec. 19-7. Not later than twenty-one days before the ensuing election each candidate must file with the City Clerk a verified statement of his name , the offce for which he is a candidate , his residence , place of birth , occupation for the past five years , public offces he has held , whether he is a taxpayer of the City and whether he has ever been convicted of a felony or misdemeanor involving moral turpitude. He may give in such statement , in not to exceed one hundred fifty words , such other information regarding his experience and qualifications as might enabl the electors to determine his fitness for offce. Such statement shall also contain the names of not less tha!1 twenty resi- dents of this City, and no others , who have signed his Nominating Petition. Any material misstatement of facts in such statement shall disqualify the candidate from hold- ing any City offce. Each candidate must also deliver at his o\\n cost , to the City Clerk , printcd copies of such statement e1lual to tile number of qualified electors of the City. Eadl copy 5/..11 be printed on a single sheet of white paper f()UT incbes wide by nine inches long, and shall have printed dlel Ldll a true photograph of such candidate taken within twu years prior thereto. The City Clerk shall mail one of such copies to c.1e Ii qualified elector with the sample ballot. The City Clerk shall not place on the ballot the name of any candidate who has failed to file and furnish copies of the statement required by this section. Sec. 19-8. After the closing of nominations the CityClerk shall list the names of the candidates who have been nominated as herein provided , and who have com- plied with the preceding section , together with the offces to be filled , and not later than twenty days before the day of election shall certify such list as being the list of can- didates nominated as required by the charter of the City and fie the same in his offce. Sec. 19-9. At least ten days before a General l'funici- pal Election the Mayor must issue under his hand , and the City Clerk must attest , an election proclamation con- taining a statement of the time of the election , the offces to be filled and the names of the candidates and of the propositions , if any, to be voted on as the same shall appear on the ballot. The City Clerk shall cause said proclamation to be published twice in the Offcial News- paper , and the last publication thereof shall be at least five days before the date of election. No further or other notice of such election need be given. Sec. 19-10. The Council shall , by ordinance or resolu- tion passed or adopted not later than twenty days before an election , estahlish election precincts , designate the poll- ing places therefor and name the ofiicers of election for each precinct; provided that when two or more municipal elections are consolidated by the COllncil it shall not necessary to set forth thc precincts , polling places and off- cers of election in more than one of such ordinances or resolutions. Sec. 19-11. The Council shall can vass the election re- turns and declare the result of any municipal election at its fi rst regular meeting, following the election , or at a special meeting held within tell days after such election unless such election has been consolidated and the can- vassing of returns delegated pursuant to general law. Sec. 19-12. 111 case there is but one person to be elected to an offce , the candidate receiving the highest number of votes cast for that offce shall be declared elected. In case there are two or more persons to be elected to the same offce , then those candidates , equal in number to the number to be elected , who receive the highest number of votes cast for such offce , shall be declared elected. Where full and one or more unexpired terms to the same offce are to be filled , the candidates, equal in number to the number of offcers to be elected for the full term , who receive the highest number of votes cast for such offce, shall be declared elected for the full term; and the candi- date who receives , or the candidates equal in number to the number of offcers to be elected for unexpired terms who receive , the next highest number of votes shall be declared elected for the unexpired tcrm or terms. I f un- expired terms be of different duration , the candidate who rcccives the highest number of votes shall be declared elected for the longer term. Sec. 19-13. 111 case 0 fat ie vote , the Ci ty Council shall fortlm'ith summon the candidates who have received such tie votes to appear before the Council at a time and place to be designated , and the Council shall , at such time and place, determine the tie by lot. Such summons shall , in every case , be mailed to the address of the candidate as it appears in his Nominating Petition , or delivered to him personally, at least fIve days before the date fixed for the determination of such tie votes. Sec. 19-14. At least ten days before any Special Munici- pal Election , the Mayor must issue under his hand , andthe City Clerk must attest , an election proclamation con- taining a statement of the time of such election and of the propositions to be voted on as the same shall appear on the ballot. Such proclamation shall be published as required for General Municipal Elections and no further or other notice need be given. ARTICLE XX. Recall Sec. 20-1. The holder of any elective offce of this City may be recalled from offce at any time by the qualified electors thereof , provided he has held his offce for at least six months. The provisions of this article are intended toapply to offcials now in offce , as weIl as to those here- after elected. Sec. 20-2. Recall proceedings shall be instituted by filing with the City Clerk a notice of intention to circulate a petition for recall. Such notice shall be signed and duly acknowledged by three or more qualified electors of the City, and shall state the name of , and the offce held by, the person whose recall is sought , the residence address of every person signing the same , and shall further con- tain a general statement, not exceeding three hund red words in length , of the grounds on which the recall of such offcer is demanded. Said statement , and the statement in the answer thereto hereinafter provided for , shall be intended solely for the in formation of the electors , and any insuffciency in the form or substance thereof shall in nowise affect the val- idity of such recall proceedings. U pan receipt and fiing of said notice , the City Clerk must endorse thereon the date of such filing. Sec. 20-3. Within five days from the date of filing the notice of intention provided for in the next preceding section, a true copy of said notice shall be served on the offcer whose recall is sought personally, or may be mailed in the City to him by registered mail addressed to such offcer at his last known place of residence in the City. If made by mail , service shall be deemed complete at the time .(f the deposit in the post offce. Proof of service shall be made by affdavit of the person making such service. Said affdavit shall state the date place and manner of service , and shall be filed with the City Clerk within ten days from the datc of filing said notice. Sec. 20-4. vVithin ten days after the date of filing of the notice of intention, the offcer whose recall is sought may fie with the City Clerk a duly acknowledged answer setting forth in not excecding three hund red words , such offcer s reply to the general statement contained in the notice of intention , or any othcr justification of his course in offce. Upon receipt and fiing of said answer the City Clerk shall endorse thereon the date of such filing. I f such answer be not offered for filing within the time hercin specified, the City Clerk shall refuse to file the same. The City Clerk must, if requested by any person who signed the notice of intention , give such person a certified copy of such answer and , if none has been filed , and the time for filing has expired , he must give such person his written certificate so stating. Sec. 20-5. A petition demanding the recall of an elec- tive offcer of the City shall be addresscd to the Council of the City of Alameda and shall state the name of , and the offce held by, the person whose recall from such offce is sought. Such petition shall also contain a copy of the original notice of intention filed with the City Clerk , and shall further contain a copy of the answer , if any, filed as provided in the next preceding section. If said offcer has not filed an answer within the time specified herein , then aid petition shall so state. Such petition shall be signed by qualified electors of the City equal in number to at least thirty per centum (30%) of the total number of persons voting at the General Municipal Election next preceding the filing of such petition. A petition for recall may consist of several separate sec- tions , and each such 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. Sec. 20-6. Each signer of a recall petition shall add , at the time of signing, and immediately opposite or following his signature , his residence address and the date of such signing. Such residence address shall include the street and number , if either exists , and if no street or number exists then such designation of the place of residence aswil enable the location to be readily ascertained. It shall not be necessary to include in such addres words desig- nating the City if the petition recites that the signers are residents of the City of Alameda. Signatures , addresses and dates must be written in longhand and in ink or indel- ible pencil. The commonly accepted abbreviations desig- nating the residence address and the date shall be suffcient. A married woman must sign her own given name or her initials. Sec. 20-7. There shall be attached to every petition , or to each separate section thereof if the same be in sections, an affdavit madc by the person who circulated such peti- tion or section , giving the residence address of the affant stating that all signatures appearing on such petition or section were made in affant s presence , and that the resi- dence add rcss , and the date appearing opposite or follow- ing each signature \vere written by each of the respective signers at the time of signing, in the affant's presence , and that according to his best information and belief each sig- nature is the genuine signature of the person whose name pu rpo rts to be the rcu n to subscribed. Sec, 20-8, A recall petition shall not be circulated for the purpose of obtaining signatures thereto until the expiration of the time limit for the filing of an answer , as specified in Section 20-4. Signatures affxed to such peti- tion prior to such time shall not be counted. Sec. 20-9. The signer of a recall petition may revoke his signature at any time within forty-five days from the date of filing the notice of intention referred to in Section 20-, by filing with the City Clerk a revocation in writ- ing, signed by such signer and verified by an offcer com- petent to administer oaths , and thereupon the City Clerk shall cancel such signature. A revocation fied after the time herein specifIed shall not be valid or effective for any pu rpose. See. 20-10. Separate sections of any recall petition may be filed in the offce of the City Clerk from time to time as completed , provided that all sections comprising such petition must be filed with the City Clerk n t later than forty-five days after the date of filing of the notice of intention provided for in Section 20-2. Thereafter all such sections shall together be deemed and considered as one petition. Sec. 20-11. lVithin ten days from the expiration of the time limit for fiing a petition , specified in the next pre-ceding section , the City Clerk must examine such petition and from the records of registration ascertain and deter- mine whether or not said petition is signed by the requisite number of qualified electors , and must forthwith file in his oRice and attach to such petition his certificate showing the result of such examination. Sec. 20-12. If by the Clerk's certificate , the petition shown to be insuffcient , the same may be supplemented by fiing with the City Clerk , within fifteen days from the date of such certificate , supplemental petitions , dupli- cates of the original petition except as to the signatures. Within ten days from the expiration of the time limit specified in this section for the filing of supplementid pcti- tions , the City Clerk must make like examination of the supplcmental petition as of the original petition , and mustfile in his offce his final certificate showing the result of stich examination. Sec. 20-13. The following general provisions shallgovern : (a) The City Clerk shall endorse the date of filing on each original or supplementa-l petition and on each sep- arate section thereof , if the same be in sections , and request of the person or persons offering same for filing shall issue a receipt showing the number of sections filed.(b) If a person has signed such petition more than once only the valid signature first affxed shall be counted.(c) A person \-\lhose signature has been rejected on theoriginal petition may sign again on the supplemental petition. (d) No revocation of any signature appearing on a supplemental petition shall be permitted. (e) Thc Clerk shall dctermine what number of quali- fied electors have signed a recall petition from the aff- davits of registration on file in the offce of the County Clerk of Alameda County during the period of such exam- ination , and with respect to the purported signature of any elector , from the affdavit of registration current and in effect at the date of signing such petition. (f) The certificate of the Clerk required in the two sections next preceding must be dated as of the day of fiing same. Such certificate , whether of the original or supplemental petition , must state the total number of sig- natures affxed on such petition , the number of signatures revoked, the number of signatures rejected , the number of valid signatures thereon , and the number of persons who voted at the next preceding General Municipal Election. The certificate attached to a supplemental petition , in addition to the required data concerning such supplemental petition , must also contain the corresponding data relat- ing to the original petition , as the same appears on the certificate attached thereto , and must state the aggregate number of valid signatures appearing on the original and supplemental petition together. (g) At the time of his certification the City Clerk also must attach to such petition , and to each separate section if the same be in sections , a statement in tabulated. form and signed by him , showing the name of each person whose signature on such section was revokcd or rejected and the reason or reasons for each such rejection. On request of any person whose signature appears on the notice of inten- tion , or of the person or persons who filed the petition , the City Clerk must deliver to any such person a copy of all such statements , by him certified to be a true copy of the original , together with a certified copy of his certificate. (h) All revocations , petitions, supplemental petitions certificates , statements , notices and all other documents required in this article shall be public documents and open to public inspection as soon as filed. Sec. 20-14. If the Clerk's certificate shall show that all the valid signatures on said petition , including those con- tained in the supplemental petition , are stil insuffcient no further action shall be taken thereon , but the petition and Clerk's certificate shall remain on file as a public record. The failure to secure suffcient signatures on such petition shall be without prejudice to the institution new proceedings for recall and the filing of an entirely new petition to the same effect. Sec. 20-15. The City Clerk is hereby empowered to employ such persons as may be necessary to assist him in the examination of any such petition. Each such person shall be paid by the City for such services a sum not exceed five dollars per day as determined by the City Clerk. Sec. 20-16. I f the petition , either as originally fied or as supplemented , shall be found to be suffcient , the Clerk must submit the same to the Council together with his certificate thereto attached , at the next regular meeting of said Council occurring after the date of his certificate of such suffciency. The Council must forthwith cause a SpeciallV1unicipai Election to be held within not less than thirty-five nor more than forty-five days after the date of calling such election , to determine whether the electors will recall such offcer , and for the purpose of electing a successor. Should a General Municipal Election occur not more than sixty days nor less than thirty-five days from the time of thc receipt of the petition by the Council from the Clerk and the date of calling the election, the Council may, in its discretion , submit such recall at such General Municipal Elec tion. Sec. 20-17. Onc petition is suffcient to propose the recall of one or more elective offcials , and one election is competent for the recall and election of one or more elective offcers. Sec. 20-18. Nomination of candidates for any offce to be filled at stich recall election shall be made by petition in the manner prescrihed by this charter for the nomina- tion of candidates for public offce at General Municipal Elections. See. 20-19. There shal1 be printed on the recall ballot, as to every offcer \vhose recall is to be voted on thereat, the following question: "Shall (name of person against whom the recall petition is filed) be recalled from the offce of (title of the offce)?"; following which question shall be the words "Yes " and "" on separate lines with a blank space at the right of each , in which the voter shall indicate by stamping a cross (X) his vote for or against such recall. On such ballots , under each such question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person recalled, in case he shall be recalled from offce by said recall election , but no vote shall be counted for any candidate for said offce unless the voter also voted on said fjuestion of the recall of the person sought to be recalled from said offce. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the offce. Sec. 20-20. The City Clerk shall cause to be printed and mailed to each elector of the City at least ten days prior to any recall election , a sample of the ballot to used at such election. Sec. 20-21. If a majority of those voting on the ques- tion of the recall of any offcer from office shall vote " said offcer shall continue in said offce. If a majority shall vote "Yes " said offcer shall thereupon be deemed removed from such offce. The Council shall canvass the returns of such election and declare the result in like manner as in a General l'1 unicipal Election. I f the vote at "any such recall election shall recall the offcer , then the candidate who has received the highest number of votes for the offce shall be declared elected for the remainder of the term. In case the person who received the highest number of votes shall fail to qualify within ten days after receiv- ing the certificate of election , the offce shall be deemed vacant. Sec. 20-22. Proceedings for the recall of any offcer shall be deemed pending from the d:1te of the filing of the notice of intention to circulate a petItion for the recall of such offcer. Sec. 20-23. In the event that any offcer should resign while proceedings for his recall arc pending, but before the petitions for his recall have been filed with the City Clerk , then the City Council shall fill the vacancy caused by such resignation by appointment. The person so appointed to fill such vacancy shall serve until the third Tuesday in April following the next Gen- eral Municipal Election; provided, however , that if a Special l\Iunicipal Election be called as hereinafter pro- vided , then such appointee shall hold offce only until the person elected at such Special Municipal Election shall qualify. , notwithstanding such resignation , and within the time limited in Sections 20-10 and 20-, the proponents of the recall fie suffcient petitions for the recall, then the Council , upon receipt of the petition accompanied by the Clerk's certificate , as provided in Section 20-16, must forthwith call a Special Municipal Election to elect a suc- cessor for the unexpired term of the offcer thus resigned, which election shall be held not less than thirty-five days nor more than forty-five days after the calling of such election. In the event that the offcer whose recall is sought should resign his offce , or a vacancy occur in said offce, after a petition for his recall is filed , the election shall nevertheless proceed if already called as provided in Sec- tion 20-16. I n such contingency the vote on the question of recall shall not he counted , but the election shall serve for the purpose of electing a successor. If at the time such resignation or vacancy occurs the recall election has not been called , the Council must nevertheless forthwith call a Special l'1unicipal Election to elect a successor to the offce thus left vacant, who shall serve for the balance of the unexpired term, and which election shall be held not less than thirty-five days nor more than forty-five days after the calling of such election. Sec. 20-24. All Special Municipal Elections for recall or 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. Sec. 20-25. No person who has been recalled or "\\'ho bas resigned from offce while recall proceedings were pending against him shall be appointed to or become a candidate for any City offce within one year after such resignation or recall. Sec. 20-26. The performance of the acts required by this article to be performed by the City Clerk , the Council, or any other offcer , is hereby declared to be mandatory on such offcers. The failure of any such offcer to perform any of said acts within the time herein specified shall not invalidate or terminate such proceedings but the time for the performance of any subsequent act shall be extended for a period equal to the period of delay. Sec. 20-27. This article shall be liberally construed to promote the objects thereof , and no error , omission or irregularity not affecting the substantial rights of any citizef' or public offcial shall ever be held to invalidate any proceedings taken under this article where the require- ments of this article have been substantially complied with. AR TI CLE XXI. Initiative and Referendum Sec. 21-1. The Initiative and Referendum may be exer- cised by the qualified electors of the City in the manner provided by general law. ARTICLE XXII. Miscellaneous Sec. 22-1. No offcer or employee of the City shall: (a) Become financially interested , except by testate or intestate succession , either directly or indirectly, in any contract or sale, purchase , lease or transfer of real or per- sonal property to which the City is a party, or be employed by any public service corporation regulated by or holding franchises in the City. No offcer or employee shall be deemed to be financially interested by the ownership of less than five percent of the outstanding capital stock of a corporation. (b) Give, accept or promise anything of value for the purpose of proCH ring a nomination , appointment , election or employment. (c) Knowingly mislead any bidder by giving Of with- holding information. A willful violation of any of the fOfegoing provisions shall constitute misconduct. Sec. 22-2. Any contract or sale, purchase , lease Of trans- fer of real or personal property to which the City is a party and in which any offcef or employee of the City is financially interested; difectly or indirectly, except as provided in Sec. 22-1 (a), shall be voidable at the election of the Council. Sec. 22-3. Every offcef or employee who shall approve allow or pay any demand on the Treasury, knowing that the same is not authorized and legally due , shall be liable to the City individually and on his offcial bond for the amount of the demand so illegally approved , allowed or paid. Sec. 22-4. Any person convicted of a felony Of miscon- duct in offce shall forfeit his offce or position of employ- ment. No person who shall have been convicted of a felony or misconduct in offce shall ever hold any offce or position of employment in the service of the City. Sec. 22-5. All books , files and records of the City and of all boards and offcers thereof shall be open to public inspection during usual business hours , unless secrecy of the contents of such books , fies and fecords is necessary in the public interest. Sec. 22-6. Copies or extracts of public records shall be given upon demand for the same and paying ten cents per folio of one hundred words for each copy Of extract , and the additional sum of twenty-five cents for each certifi- ca tiol1. Sec. 22-7. Traveling expcnses shall not exceed actual cost of transportation , plus a reasonable per diem allow- ance , the latter to be fixed annually by the Council uni- formly for all offcers and employees. Traveling expenses except for routine duties , sllall be allowed only if author- ized by the Council. Sec. 22-8. All public offces, except where otherwis provided by law , shall be open for business every day, except holidays , from 9 :00 A. M. to 5 :00 P. 1\1., subject to the power of the Council to increase such hours for the necessary accommodation of the public. See. 22-9. The compensation of elective ofJicers of the City shall not be increased or decrcased during their respective terms of offce. This section shall not prohibit the incrcase or decrease of compensation of assistants or deputies. See. 22-10. The Council and all Boards of the City shall have power to accept gifts and trusts and control managc , dispose of and otherwise administer the same in accordance with the terms thereof. See. 22-11. All real property acquired by the City shall be held in the name of "City of Alameda. ARTICLE XXIII. Schedule Sec. 23-1. This charter shall take effect on July 1937. Sec. 23-2. All ordinances , resolutions and orders in force at the time this charter takes effect shall so remain in full force and effect unless contrary to the provisions hereof , subject to repeal and amendment. Sec. 23-3. All offcers and employees of the City at the time this charter takes effect shall continue in offce for the remainder of their respective terms (if fixed) or until removed as herein provided (i f for an indefinite term), subject to all the provisions of this charter. Sec. 23-4. All members of the Board of Public Utilities Commissioners elected in the year 1934 for four-year terms shall hold offce until June 30, 1939 , and all mem- bers of said Board elected in the year 1936 shall hold offce until June 30, 1941. Of the vacancies occurring June 30, 1939, one shall be succeeded to by the City l\1anager , one shall be filled by appointment for a term of four years and one by appointment for a term of one year , and the vacancies occurring June 30 , 1941 , shall be filled , one by appointment for a term of four years , and one by appointment for a term of one year. Upon taking effect of this charter , the City Manager shall become ex-offcio a member of the Public Utilities Board with full participating and voting power. Sec. 23-5. The Boards and members thereof named in the first column following shall be deemed to be the suc- cessors to the Boards and members thereof named in the second column following. All incumbents and members of Boards in the second column at the time this charter takes effect shall immediately assume and continue to hold the successor offce for the remainder of their unexpired terms. Board of Education , successor to Board of Education. Library Board , successor to Board of Library Trustees. Public Utilities Board , successor to Board of Public Utilities Commissioners. Social Service Board , successor to Board of Social Service. Sec. 23-6. The adoption of this charter shall not affect the courts established by law and now existing in the City. s I SectionACCOUNTANT See Certified Public Accountant A uditor as.." W'''''''W''''''''''''''''' " ... 1'- AI)VEnTISIN( Bids , Calling for....... ....... ....... ..'. ... Bulletin in lieu of...... ........ '... .. .......... 'W' 3cc18 Offieial Newspaper, Council to designatc;. PuhHcntion of Ordinances ..--..... .....,....... Puhlic Util ities Board. ......12-2(0) ASSEsson A uditol' as ex-officio. "HH. Dut.ps , Auditor to perfol'rn............. ... AUDITOR Accountant for City.................w.... . '..H' . u" 4,. A (' l' ou nts keeping,... ..... H H... H '" . 4- Bookkeeping system.............. . .--...,. . c. ., 4- Certificate to CounciL"""'''''H'''w" ... ,.. . 4.:3 Cel tifieate lo' Treasurer H...... . 5- Contracts , endorsenlent'W"--"H'W"" - -. ....' .. 4- Counting money in treasurY..w....,..........u..1740 Custody . of boo ks..........., .. ..... ...................... 4- Demands, payment.....--."... ..... .' ''''''' ......... 4- Deputies and employees........ ..... ... 4- l)utI -' ,-- --'----~~~~~~~~~~..'..""- -". Elected. .... .......,...."... "'--"'...........'"'' ....--... 2- Emergency Revolving Fund.. . q. -.... .... ...... ..-. 17 - Ex-officio Assessor,........ ...., .... .-.., -............--.. 2- S a I a J' Y --... - . .. - . . ... h . . .. . .... .. -.. .... .. . .... 2 - 4 Vacancy, deputy to filL. .........-.....---...-...... 2- \V :lrra Ills , payment.......... ..,..,. .... -... ,.... - - ,.... ... 4- Page BIDS Section Expenditures over $1000. ..,...................... .. 3- Misleading bidders..-- ... .,.. -..--. _..-., ,,, .------...,. 22-1 (c) Official Newspaper u U'''''''' ''''''''' ... '"'' u""" -- 3- Resident , preference..,..--. . .."--'" ......-..... '.' 3- HOARD OF EDUCATION See Hoards Appointments . -......-.-- -.--........-----....... ---.......-- 10- Budget. .. ..., -.....""'" . ..-- ........ m --"'"'''''' ..,. ,. --- 11: Establ iRhed .. ..,..."..... ......----...-....,..,............. 1 O General law applicable......... .. .........'-- -- .,... , 11- Powers and duties... ....,...,..,.-,.......... .....--.... 11- Tax levy for School Fund.... ,--...... --...--.m . 11- Terms of office... ....-.. -..,.,.,.....-,....;"..-.,-.,........ 10- BOARDS Action, vote required.........--....--,... --........_., 10- Board of Education , membership,.. ......... , 10- Board of EducaUon , powers and duties. ... 11- Budget, submitting--..... ...., .--"""" .-..,. "... ._ 17: City Attorney legal advisor..m..... ....,..- . "" 8- City Manager Purchasing Agent Jor........ 7-2 (d) City Planning Board , membership. ..--....... l0-, City Planning Board , powers a.ndduties 14- Civil Service Board, membership,..,_.,.._... ,.. 10- Civil Service Board , powers and duties.... Compensation for positions under.,..,.. _--..,. 10- Compensation of members......m.--. ,....".._.,.. 10-'8 Councilmen as men1bers.- - --.m.."'"'' m' -......._ Establishmen t oL.-... .-... .,. - -, ..,.. ... -......,... -. _. -. . Gifts , power to accept......--....---..... ._m - ..... 22- Library Board , membership- --'''-'--'''--' d ..".1 0- Library Board, powers and duties.,.. ..,._-- 16- Members, must be electors.- ----.".,... "...-...... 10- Members , qualifications.....,.,--,.. _,."._..._..... 10- Members as officers of City,...-- ----_......,_--.,. 12- Oaths, power to administer... ..,......,----..... Officers , selection...-.....-..---. ------ ...... .,.--. d....10- Page Section Powers, may be conferred by GouneiL....., 3-Public Utilities Board, membership........ ,... lO- Public Utilities Board , powers andduties..12- Removal of melnbers................... " ............... 10- Rules , establishing...o... --. ,............... ...,... "'n ...10- Social Service Board , membership......._m,lO- Social Service Board, powers and duties..T5-Successor boards. "'''''''''...m''.m -""" '... ---- --... 23- Vacancy, appointment.....--.,......................--10- BONDS Certified Public Accountant to examine,.., 3-7 (c)City Attorney to approve,...,...,............. ..... 8- Council to fix...--...................,...........,.. ...--... 7 (e) Official , failure to file..........,.,...,.............. 2- Premiums paid by CitY--m...... ,.,...........,.. 7 (e)Unauthorized payments , liability on..--,.......22- BOUNDARIES OF CITY BUDGET See Finance and Taxation CERTIFIED PUBLIC ACCOUNTANT Compensation ""00. """''''''o.... ...........- ............ 7( c)Duties ... -- m... ---- """" '''''' ""m '-..m "'"'''' --..... 3-7( c)Power to adfuinisteroaths............,...,......,--. 2- Public Utilities Board reports...m.. ,..,....... 12-4(b) CHIEF OF FIRE DEPARTMENT See Fire Department Appointment a RemovaL ...m''''...nn....--, 7- CHAnTER , Effective Date....m. .....,............... 23- CHIEF OF POLICE See POlice Departtrient Appointment and Removal..............., ---. _... :J, 7- Legal process , execution......,. n..--.......... .. ,.... Page CITY ATTORN EY Section Appointment and removaL...--..........--....... 2- BOIHls approvaL-.,.....-.....-,...... ---.......... ,..- 8- Compensation '-- ' .--, -...' .,. ......,....-- ,...".......,..... Co ntraets , a pprov a1.. d" -...,.. .,...' H" .... '.......... -- 8- Deputies and employees..,.....-- ----.-...,.,-- ....... 8- Deputy to fill vacancy.w....,.. ...,.".,......--.... 240 n u ties .." d' .... .. . .. --..... .. ,.........,. ....,.. . . -, .,...... 8 - 2 Legal ad v isor for City..... ............'" _....,......-- 8- () rdinance s , draft ing.. --...... ,...... '" --.. ,oo....."" 8- Qualifications . --..,..--- .............,.....,..........-"" 8..1 Speeial legal coutlseL....,..,................-.--...--..,. 8- CITY CLER(( Appointment a)11 removal...c .._.,......--"" 2.;2 Conrpensation ..,.. ....-....--."..,....--. ...,.,.., ,,,..,.. 2- Custody of contracts , etc... .,..c....." "'''' !I-l(e) Deputies and employees............... . .. ..."'" 9-1(e) Deputy Lo fill vacancy.....c......... :... ..--..;.... 2'"10 D u ti es .. .......,.:.......... --... -- --.. ...,.......,'" -- .... .. 9,. Oaths , administering. .... -....,.,. .... .--.--...'- -- 9-1(d) Ordinances , attesting .. ..- .....,.....--.--.,.,.....--- c. 3- Hccords of City, keepin , "" H""W -- --...,. -- V-ICe) Secretary City Plnnning Board.. --.... --" 9-(f) CITY ENGINEEI A Pli i II LHI cn t and rcrn ovaL. -'- " . 2;.:1 , 7- Duties , qualifications---- -- -. ----"... -- --- 7- Enlployees discipline--..-- c ' -- ,.....---, ." 7- Street Superilllendent consolidaLio ..--- 7- CITY MANAGER Absence or (lisability of. . ., ...... ,. 3-7 (h) Appoilltment .. -- .. ...-- _d' ,....--..c ---.. .c " . 2- Boards , investigating proceedings--. ...... . 2(m) Budget, preparatio ...... ......--..-- .-....--" ..... 7-2(1) Budget, submitting---- --'-OO . .... .. --,..--.. ..... Chief Administrative Officer.. .,... . ,.,.... 7- Chief of Firc Dcpartment , appointment.... C!dC'f of I'olke , appointment... .. .. . --.' ... City l ngin('('r , appointIllCnL -.. .. ..,. 2- Page , 16 1 () 1 a 2, 15 Section City Physician , appointment... ,........--........_ 3, 7- Contracts , enforcement................ ... m............ 7-2 (h) Council meetings, attendance.... .... ....."...... 7-2 (e) Counting mpney in treasury... .....--............ . 17- Emergency Revotving Fund... ......._.. ......,..... 17- En1pIoyees , appeal on discipline............... 7., Employees , rules for...,...,...........,......... -..... 7 -2( 0) Fire Deparhnent, appointments in..... 7.,2(k) FJ anchises , performance.. ....,.... ....--..... '" 7-(h) Full time , devoting................ ..c.. ... "" "-' '" 7-2(n) Golf Courses, supervision,.....,.,. .......,"'" --... 7 -2( i) Health Officer , a ppointtnent,..........,.....,.... .. Influencing or intel'fering with., ..,........ .- --. 7- Officers and employees, supervision.. .... .... . 7-(c) Parks, supervision""""".....m.. ........... ... 2 (i) Police Department , appointments in.. .. .,. 7-2(k) Police Secret Fund...... 'd"--""'''''''''' . ... ... .17- Policies, recommending to Council......... 7 -2 (f) Powers and duties............................... ....... 7- Public property, supervision".... ... ............ .,. 7-2 (i) Pu hI ic Utilities Board ,mem ber... on....' ,.. .10-, 23- Purchasing Agent... . --.--...- ......,.......-... ...----.. 'i-2(d) Qua Ii f ie at ion s ... on. - - -- . - ..., .., " ,--'" . -. -- . -- . .... . -- . .:) elno, !' ---"\ ,.I ._--"". _M" *---_.'" .". T .. Salary , . ..'''P''''''''''''''''''''''''''''''----' . -....,.... Social Service Board , member .Oon - .. .." , 10., Street Supedntendent, appointment.,.......,, 7., Technical advisory experts .. ..."" . 7- (j) CITY PHYSICIAN Appointment and RemovaL. .... ....--'"'''' .... Duties qualifications.. ....... --.....- ....... Em ployees, discipline............ ..... -,,, ,,""'" IIealth Officer , consolidation ..___......... '. ....' CITY PLANNING BOARD See Boards Appointments .........,....".........'.- . ----...." , City Clerk as Secretary..... .., .... , '-- 2:-7:- 7':12, 10- 1 (f) Page ) 5 1 It 19, ) 3 , 15 1(3 1 R Section Established .. "0" --..,...,.......... ....... -..--' 'w.. .... ...., 1 0- Membership, terms. ...... -." ..-. ....,. .....,....--,....., 1 0- Powers and duties.. .".........,.. -... -.. -...... -.. .... 0..14- CIVII.I SERVICE BOARD See Boards Appeals to... ....... ..""" ..........................--... 13- Appointments ..0" ,.,.... --, -""""' "h....m.........l0- Civil Service System,administering.....13- Established , - - '. - 0,,,,,..0.""" .....m n-" . .. .. ,.... .m....l 0- Membershi p, terms..... ........,.. ....... .....,..,....... 10-2" , Powers .c.....".. .-.. ,.,.............-.......'.' .., .,.......--.. ... 13- CIVIL SERVICE SYSTEM A dmini tration .. ' -..'" ..................."'" ...... ..,. 13- Council to adopt... ... ......."........ ....,.............. 13- CLAIMS Presentation and Allowance...,...,......,......... 4- CONTRACTS Auditor to endorse..., u '"'' ,..,." ,...,.......... ..." 4- City Attorney to approve,........,... ..-.--...... . 8- Custody, City Clerk.... ...,..... ,...,.......... "". ... 9-1 (c) Enforcement by City Manager...................." 7-2 (h) Financial interest of employees....,............22- Letting, on bids.... ....,.....,............................ .. Public Utilities Board, purchases ........... 12-1(c) Public Utilities Board , construction.......o.12-3(b) Written, when required.o.....'''''''''''''''''' 3- COUNCIL Action, how taken...- ... m"" .. ,.,. .....--..... ... ''''' 3- Action, vote required....,......,...., ......... ..--..... 3- Bids, awarding contract............,....--,......--. 3- Boards, appointments................,.c..,..--........10- Boards , removal of members. ..............,.,.,:.. 10- Bonds ,fixing.. '''''''''''''''''''.'' .,........ , n.. .....7( e) Budget; ad opting ,.,......... ,.. .. ............... .... ..... 17- Bulletin in lieu of advertising... .......... ....., 3- Cash Basis Fund... ,..,... h... ....n n."""'" n... --....17 - City Attorney, appointment............--......--. 2- Page Section City Clerk, appointment................................ 2- City Manager , appointment................ ...... City Manager , to attend meetings............ -2 - (e) Civil -Sel'vice Systen1..,..........,.",.,... .... .. .. ".. . 13- Compensation of Councilmen........,..,............ 2- Councilmen , number......... ... ..,... """"""""" 2- Dem ands , - allowa nce....... ............ """"""' ...,.... 4- Duties ................--.........m........."....",......... 3- Emergency, declaration of................"...... 6,. Emergency ordinances.............,...........,."...... 3-Emergency Revolving Fund...u...., :.............. 17- Employment , establishing positions of....7(g)Franchises, granting.. '. '."..... """""""""".' ... 18- Gifts, power to accept....,...........,....,.,.....,.....22-Initiative and Referendum....."......,..".,....,. - 3-Investigations by City Manager....,..,.,........ 7-2 (g) Leasing for more than one year..,.....,....... 3- Library Fund , budget,......... .."........,.. .......... 16- 1\1 ayor appointment... ............." .." ''''' . .... .... 2- Mayor Pro Tem........................ ................... 6..2 Mayor , vaca BCY.. ................ ....". ,.. ................. - 6- 1\1eetings . .--... '''''''' 'u.. ..uh.--.............,............... 3-7 (b) Meetings Mayor to preside...."",.........,... 6- Motions, action by.--.....,........,....,... .,. .,." .".... 3..8 Of fices , establish ing........ m'''',,,' .......',...,... ..7 (g) Official Newspaper, designating......., ..... .. 3..18 Ordinances , -- passage...... ...m............ m......... 3-11- Organization ........., ""'''H'',U''",,, ............". -- ,.. 3-7 (a ) Pension system , establishing....,...... ,....... . 3-7 (i) Pol ice Secret Fund........ ...,..... ' '''. m...., , ... 17- Powers.. """'''''''--'' ..,. ...... ""--' "'''''''''''''''''..'''' 3- Powers and duties, conferring on - Boards and officers..........--..............:........ 3- Public Utilities Board , appointments,.. ,... 10- Public Utilities Board , borrowhlg.... ".......... 12-3(e) Removal of appointed officers, ............. .,.. Resol utions,action by............... -""'''''''''' .,. 3- Salades and Wages , fixing............... ,...... .... 7 (g) Social Service Board , appointments. .......... . 10- Page , 13 Section Special legal counsel.. ,..w..H""'''''''''''''''''' 8- Special HH'etings. . -' ..... " 0 .. ...................... 7 (b) Tax (tate, failure to fix. ............"............... 17- Tax Hate , fixing.. .. '" ...,........-- ......... , 17- Traveling. expenses , Ii xing... - -.." .........,...... . 22- Vacancies ' how filled.. ....,.........--...... ........,... 2- V Hea tiol1s , prov id jug- f 01'..... . .. -- ....... .............. (d) CO U N elL 1\ IE N Ahscllcc creating' vacancy. ,...........,...--.... .. 3- Attendance , compell ing... .--........ .,.. ""'"'' . "" 3- City Manager, influencing. ...,............." ...... 7- Special . meeting', calling. ............... ..........,. 3-7 (b) Vacancy, how filled.... .....,............ .... ......,. 2- COUHTS , Unaffected by Chal'ter,..,...--... ,..,.. 23- nAY NURSE HIES, Supel'vision......... .....--. 15c.l (d) nEl\1 A NUS, Pl'csentat ion and Allowance. H" 4- ELECTIONS Candidates elected .n. ...... ....,.... ..... ".... 19- Candidates, listing.. . , . .... ....... . .....----..... 19- Canvassing retu rns... . .... ---- ........... ....--"" ..... 19- Death of candidate. ..... .. .........--.........--....... .19- General law applica ble. ..w " ... " ,"" .... 19- General, when held ...... ................. ... .... 19- Kinds ... -.. c ........ " ............ _-- H'''''''''''- '""'H 19- Nominating petitions.......,..... ", .... .. .... 19- Nominating petitions , filing.. --.....,...........- .. .19.. Officers of election. ..... ...... .'"'''' ,...........,---- 19- Polling places , designating...... .........., .....--_ 19- Preci nets , esta bl ishing...." ,.. ..,...... '" ..... ...... 19- Proda mation .,.,..... "" .'" m.." .. ... .......--. " ..., . 19- Proclamation , special election.... -- ....' --. 19- Recall , see .Recall Special , ea II ing ... ....,... -.. ............. ,. 19- Page 2!) 28, 3:3 Section Statement of candidate...........,........., ....... 19-Tie vote....... ...--.m......m........ ................. "".. ..19- Withdrawal from nomination.................... 19 El\1PLOYEES Ci vii Service System....... .......... ......... 'W'" 13- Continuing in office............ '" ........., ..,...... 23- Disc j pI ine appeal............................................ 7 - Felony, forfeiting employment.......u.........22- Financial interest.. ........ """""",,,,,,,,,,,,,,"".. .. 22-1 (a ) M iscond uct ......, ............ "'''''''''''' ..... . H" ' ... 22- Pension system for............., H"'.....,...... h ...3-7(i) Res idence ...... ..oo....' ...oo.. ..u...... ..... ..... ..H"'",, . 2- Tra vel ing expenses........., ...,. """'"'''''''''''''' ... . 22- Vacations ......................................,.............. 3-7 (d) Unauthonzed payments..... ........ ..,. ..... "."''' . 22- EMPLOYMENT BUREAUS , Supervision,...15-1 (d) FINANCE AND TAXATION Auditor, charge of finailces...................,.... 4- Budget , Board of Education...................,...11- Budget , City Manager to submit.. .............. 17- Budget, Council to adopt.........................,17- Cash Basis Fund....................,.... ,................... Counting money in Treasury... .................. 17- Dollar Lim it.................oo......................w....17- Emergency Revolving Fund"''''''''''''''H......17- Estimates of departments""""''''''''--'''..h Fees of Officers.... """'."'" ....h.. ......... un.. --..17- Fiscalyear....--. .... --.... ... -- --,.... ........ Ho......... . ... 17- General. Fund , transfers by Public . . Utili ties Board.------.......--....... .H........ ..., -- . 12- General law a ppIicable................ ... ............. 17- Police Secret Fund.................................... 17 - School Fund, levy for.....--..........................l1..Tax rate, Council to fix....................,...17-, 17- Tax rate, failure to fix.................... ............. 17- Treasury, depositing funds in;..................17- Page 28, 29 FIREHEPARTl\1ENT Section Appointn1ents in, City Manager..--.. ....,..... 2(k) Chief, appointment, ren1ovaL..,.. .... ...--....... . , 7- Discipline of members by Chief,.......... ... .. 7 - Discipline of members by City Manager.. 7 -2 (c) Dismissal, a ppeal._-.. .. .... "-'-'-'-'" ""-' ".... ..-...., . 13..3 Emergency, Mayor to command.-.._.. .--.,. ,.. 6- F I SCA LY E A It -' . ...,.,......... --. ........ ,. d.' -.,.. ... -.... -- .17- FRANCHISES Conditions . ,... .--.. ,,,,,'u""''''''' - -., -..., ..........,.-- . 180- Granting, by ordinance,._..._....... .--.. ......"....... 3,. Terms..u.., -.."" --" ... ...u"" ..... ........ ... ....,...,... ,.... . 18- Violations , City Manager to report-- .--'"'' 7-2 (h) GENEnA!. FUND Trm,d ..t(), Public Utilities Board.. ..,...., 12- GENEiL \ I, LA'V, When applicable-- --.. ....,.... 1- GOLF CiHJRSE City l\fanager to supervise......--. ;.-.,.-..,.. ...., 7-20) HEALTH DEPARTMENT Emp!(), discipline of.........-- --...-.,..... .,.,.., 7- II eallh l )fficer , appointment.-- -- ......- ,...--' . --" 7- HEALTH OFFICER Appoint.me!l and remov.aL':'d........... --..." CIty PhysIcian , ConsohdatlOll"" ,"" d""" powers and duties........ ,..,......."....,....... -,.,... 7'-6 Q ualificH tions -' --..., _.....'''' --. --" ," _..-- --. '" '' ,.. ". 7- NIT I AT I V E General law appl icable. _.--- Suhmission hy Council... ---- .. 210- . . . - - . . . - . , - - - " Page . . LEASES Section Custody, City Clerk..- .'... ................... --.. '"'' 9-1 (c) Longer than one year................,.........,....... 3-1() Public Utilities Board..... ..,.......,.,....... ....... . 12-2 (c) I..IBRARY BOARD See Boards Appointments .--...H'''''''''''''''' ........... ... .,..,. 1 0- Budget d' .,.. ...,.. HU" ...,..,.... ....... '''00 ''''. ..,...' ..' n" .16- Es tabl ished ..,....... ....... ................. ..... '.,..',...' ." . Fines, gifts, etc............... ............,.,............ .'" .. 16- Library Fund created. ............. ...... ....., .n'" ..1 (b) Library system , controL.................. ....,.. 16-(a) 1\1 em bership, tern1S.--.. ..... . ...... .... .............. . 10..2 Non-resident privileges.......... ,.. ...............,.... 16-1 ( e) Powers....... ". .----'u'U' ..... ..,.,. . ...-.... ..-' ......,....,.. .. 16- Purchases .. -...--..--.--...' ........................,.,,... ., 16-l(d) Hules and regulations"''' '''''''''''''''' ''''''''''' 16-1 (c) l\IA yon Absence , Vice-President to act.......... ..,..., ... 6- Appointment ............... ....:....., ..........'"''' ' 2- Boards, nominations........ ...."...... .. ... .,..., ..... 10- Compensation ..m '"'''.''''"''.--''''''' ........... ,...,.. 2- Council meetings preshling........-- ......,. .,.. 6- Counting money in treasury,...... ..--............. 17,- Election proclamation.. ....u""""."'''''''''' '' ... 19- Funds for use of......... .............."............... . 6- Official head of City.............--.......,......--...u Proclamation , government by..............,..... 6- PubJic Utilities Board , nominations...,......10- Removal u'" ..,.. ............... ...-........" '"'."""".'" - 2- Social Service Board, nominations,...........10- Special election , Proclamation...................19- Special meetings , calling......... ,......... .---....... 3-7 (b) Vacancy, how filled.................... ............,. .,, MUNICIPAL AFFAIRS, Power over..........,. 1- Page OA TH OF OFFICE Section Council to prescribe..,.---........ :.,........,......... . 3-7 (f) Fa il ure to take.. ...u.... .......................,'"'''' d'''' 2- Filing with Clerk................,..,... ...;......,..,. ...... 3-7 (f) OA THS City Clel'k to administer.,....,...."..........,........ 9.-1 (d) \Vho may administer....... ,........... "............ 2- OFFICERS Absent fronl City... . '-' n"'''''''''' ...... ...... .,....... Appointed by City Manager....... ....,..... .....,. 2- Appointed by CounciL-- ..,...........,... "..,......-- 2- Assessor , Auditor ex-officio.. ;;....".............. . 2:- Auditor , elective.-......... --" " ........,..,.., .... ,........ 2- Bonds...... ........ ... d" ..-- ............, ,.. "P -- ...p '''''. 3-7 (e) Bonds, failure to file,.... ..,................, ....,... 2- Budget , submitting.. ..... .....,...,..., ......,.,.....;.. 17- Chief of Fire Department , appointment,,3, 7- Chief of Police , appointment..... ..,................ 3, 7- City Attorney, appointment...............,...,.., 2- Ci ty Cler k, appointment................... ........... . 2 " City Engineer , a ppointIreI1t-...... ....... "...., .. 7:- City Manager , appointment..........,........, 2- City Physician , appointment"". "", '..m... Compensation . "'" ..., --.......--...,.. ..... ....,.... .".. ... Conlpensation , Increase and decrease..... 22- Continuing in office..... .,., ,, "'" ....,............. ;23- Councilmen, elected,...... ""'B""'"'''' ....... ,.... 2--1 Deputies as. ....".... "" "... -- .... .P..,,,,, ,..,' d "... '. .. Elective, term... ".,,, .,,,,,,,,,,, --,,,""'H" ...,.... ".d'" 2- ElectIve, who are. .. ..........., ... ',... ,...... ....... ..... . Fees , property of City....... ...,....... ....,..."... 17- Felony, forf ei ting office... ........,.. d..." ..... .... ..22- Financial in terest...., ... .......".....,............ ..... .. 22:-1 (a) Fire Chief , appointment......... .........'... ..,. '''."" 2- Health Officer , appointment. ..,............. ,.. 2:- Ineligibility ......--. --........--....... .,.......--.. .."" 2- Mayor, appointment........... ...,.,......,.,.,." ,..... 2- Page 2, 15 2, 16 , 15 Section Mis con d u ct .. ,., , . ., -. .. . . . . -. - . . - -.. ....... ..... ... . . ..' ". . .. .. 22-Oath of office , failure to take...............,.,.. 2- Oa th of office , filing........ ...,..... ................... 3-7 (f)Oaths power to administer....,.. -- -........ ..... Pension system fOf....-......,-..............- --....,... 3-7( i) RecaH , see Recall Recalled , holding office.........., - -.- -- -. ........,...... 20-Removal ....., -, .......... --................... u - - "'''''' ....... Residence """'''--''''''''''''''''''''''''..........--. "'''' 2Street. Supedntendent , appointment.......... Tax CoHector , Treasurer ex-officio.......,.... 2-Traveling expenses.. d .........,. "'''''''''''''' '--- -...- 22-Treasurer elective.... -..... ...-... ''" .....,...",... ... .. Unauthorized payments , liability for,.......22-Vacaneies how filled,.. "'''''''''''''''" --......,.... . Vacations ,... ..m_ .., ........... ...-....... "'''''''' """"'" 3-7 (d)Who ar e .. . --. - , ............... -- ' .. . .. .. . .. . . . .. . . .. , .. .. - - -- . 2 - OFFICES Business hours............,.,...,.. ,.. '-""""""- '-. ... 22-Deputy to fill vacancy....... ,_......,......., ..... "' .... 2-Recalled officer not to hold..... ...,...,..--..... 20-V aeancy, election of success Of, ......,..,.... .,.. 2-V Heaney, filling.- ..-..... ....,.... ""-""'" "" .... -""'" . \V hen va can t...... '''''''' ..m........................... ...... 2- OFFJCIALNEWSPAPER See Advertising Council to designate.................,...,.--....,....,. 3- OnDINANCES Action of Council bY."';"'_h..".'''''' ,,,,,,,,,,.._-, A mend men t ...- ,.... ..... -""""'.'-'-."", '.""" -... '.... A ttesting by City Clerk.......................,...- ... City A Uorney to draft.......................,..,.. ;.- Ef recti ve date,.. ....,.., ...,., ...... "'--'-""""'"'''''-''' E nlergeney .....M. ....'. ... ... ....n...... -...... --.. ..... ,......- Enforcement, City Manager........... ... ........ Passage ..... "'''H'O........ ............ -..- - '.. -""""""" 3..11 8 3 12 (b) Page , 16 Section Pub I ica t ion . _......- .-.... --..... - ---- ----' .-_......... ... -...,.. 3- Reenactment and amendment................._..., 3- Remaining in force,......,.. ..... '" ..... ,...........,.... 23- Submitting to electorate... ,..-..........,......... .- 3- Wh en necessa ry.........., ..........,.. ..-- .." ........ w. PARKS City Manager to supervise."........ .............. ... 7.,2 (D PENSION SYSTEM Council to establish.............................."..... 3-7 (i) POLICE DEPARTMENT Appointrnent in, City Manager;........,....-- 7-2(k) Chief, appointment , removaL....-...,..,...-..,.. 2- Discipline of members by Chief...,..... ...... 7c.12 Discipline of members by City Manager.. 7-2 (c) D ism issal , appeal...... ..,.... - ".' ,-,,"".""""'" .-_.. . 13- Emergency, Mayor to command.............._.. 6- police Secret Fu nll.. ,.....-- ...... .........."'''''''' ....- 17 -1,1 PO\YEUS Conferdng by CounciL. .................--. .......... 3- Horn e Rule. . -.... --,.." ,..........., ...... ......'" ...,. ........ 1- M un ic i pal A ffai rs..... w." -' - .... ............... ....." ... 1- Of (i ty._. ... -... ....,.-. ........,.. -. ..,.... ....-.. c... ...... ..... 1., Vested in Co un ciL ..,..--. ' -- -..........,......... --...... 3- PUBLIC PHOPEUTY City Manager to supervise.,..... .....",.... ..,....., 7-2 (i) PU BLIC IJTILITIES BOARD See Boards Advertising , ...."...--......_-.......................,..... .12 2 (b) A ppointmen ts .. -.... ........ --' -....,.. ......... .."... ..._.... 10- Borrowing money. ,.. -.".......,.....' - ","--"" " u-" u.12-3( e) Budget, adopting.........,....... ,. ... ........,.,........... 2-:4 .( d) City 1\1anager as Member.,....." .....,.............. 10- Page , 15 Section City Manager ex-officio member.........--...23- Construction work...--m.----.............-...-..........12-3 (b)Contracts ... -. ..oo. ...... "".m...... ..m.... ..............12-1 ( c)Duties ...., ......... .....-.. .""" ......... "" . c......... ""'" ..12- Earn ings , d isposi tion.............. '''''''''' ..... ..... .. 12- Employees , control over.............--...............12.,3 (d)Engineer as member...................,.....,..... ,.... 10-7 (a) Establis hed ... ... """""""" """'" .-..... ..... ... ""'" , 10-General Fund , transfers to....m.....................12- Mem hership, terms.......... '--""'"'''''' ............... 10-Powers.......... .--... .--... .--. --... ..--.. ...... ................. .. 12-Powers without competitive bids...--......m.. Purchases .....................,........,....... ......... ......... . 12.,1 (c)Rates , fixing.. m.. "''''''...........m... .... ........... 12 -3 (c)Real property , acquisition'''d..... ..--............. 12-2 (c)Records ... -..... ...... ...,.... ,.,..........., ..d..... -.m.--. ... 12-4 (a) Reports to CounciL..............................,.........12-4 (b) Reserve for contingencies..........................12- Reserves, investment..... """""""" ..... ..., "" .... 12-3 .(f)Revolving fund , purchases....,.........,. ,........12-2 ( d)Sale obsolete property..............................12-3(a)Store room system.............. """" . c. ......-- .... 12-4 ( c) Terms, .expira tion................. ,....... ........ - ...,. -' - 23- Utilities , control and management;,...........12-1. (a) Utili ties engaging in...-- ..................... ........12- PUBLIC WOnK Council may do..................... ... ,......-- "'"'''''' 3- E l11 ergency .. ....................... .... """ ' "'''''''''''' 3- Over $1 OOO bids.........----....... .................. .....3., 15 Preference for residents............................. 3., PURCHASES City Manager Purchasing Agent..".,.......... 7-2 ( d) Open market.. """" '''''''' ............ """"'" ........ . Over. $1000 , bids.......................................... 3- Preference for residents..............--............ Public Utilities Board..........--..................12-1 (c) Page REAL PROPEUTY Section Acquisition or transfer by ordinance........ 3- Financial interest of officer.,.... --...,.....----. 22- How held..,. .. --.....,.....,. -- ,.... " d""""" ' ' ,., .... 22- Leasing ...d ,.--.....-- .n."" .-. .,.. ..n."""" d' ...".. .-- : 3-10. Public Utilities Board, acquisition by-- ...... 12-2(c) RECALL A nswer of officer....-- . "" .--......... ---......--_...m ... 2o.- Ballot, form of,......... .--..... --. ..--.,-.,... ...,.,.., .,.. 20.- Canvassing returns, result..,...-- ..,.....,......,.. 20- Certificate of election... ..--....-...--:..-.,....,.... . 20- Certifica te to petition... ..,..-- "--"--' -- --... P' --.."" 20.- Clerical ass is tance...--.-- ......... --.. ,.. ,..... 0" --.-- . . 20.- General prov i510ns. ..m --" ............. "...--' ..--.. "--' 20.- N ew peti lions... '--' ,.--. . .. . ..----. d''''''' ' --". --" -- c.. 20.- Nomination of candidates.. .............".......-- 2o.- Notice of Intention. ....--..... ......., .... d.''''' ... 20.- Notice of Intention, service of.... .--........". 20- Office , holding after recaIL.. .,.,.,........,......--. 2o.- Officers subject to-.. ,..... ......... ..,., ........,...., 20.- Petition, affidavit of circulatol'....... ......-.", 20.- Petition , cireul atioIl. ....,. .... .--....m ' ...,. "...,.,.. 20R Peti lion , contents. .ouo--."' ''''. p-- -- "P""' - --.,.,. . 20: Petition , exam ination... --.. .'" ....--.., --'--' ,-- ----. 20.- Petition , filing. n ' -. '.'.;."""" ..-- . 'H"' ''''''''' ... 20.- Petition , separate sections,..--. ... , .... . 20.- P e ti ti 0 fl , S i g n i 11 g. . -- ....., -- . . . -- -- . .. -- . . --. . -- ... ... 20.: 6 Procepdings mandatory.. --.. --",,"'--'--'- . " 20- Proceedings , when pending. ..,......--...., .., "--" 20- Provisions liberally construed..... ...,..... ...,.. 20- Quali fications on election......,.....--... ,..--.... ,.. 20- Hpcall and election of successor at same ti me ..... .. . ... . ..",...' .. . . . . . . .. ..,., .. .' ..........".. ,. . 20 - Resignation of officer... . ..--..""'" -- ""..,. ,.. .,.. 20- Sample ballot , mailing'...... ----....... .--....... _--. 20- Signature , revocation Of.H " --..' '" -- ..,..., .' ... 20- Special election , cOtHlut't... ...,.... ... .... --""'" . 20... Special election , council to caIL. ...-.. ..,... 20- Supplemental pptilion . 20.- (. 8 40. '1G ,17 4:J RECORDS Section Copies --. ,. -,..., -- ------ .-.. "'-..-- - -.. -.. - ". -. -- - - - - - - - - --. .- 22- Inspection - -.. - .._,----_..- -. -.' -.------ - - - --. -.- --.. - - - - -- - --..' . 22- REFEHENDUl\1 General law applicable..-----,-,-- ..-..,---- -------- 21- Submission by CounciL....---.....---..------------ --- -- 3- RESOLUTIONS Action of Council by- ---.--.- ..-..-....---..,..,..----. 3- SCHOOLS See Board of Education SOCIAL SEHVICE BOARD See Boards A ppoin trnents ----..----..-.--- -.--' --,,--,---- ------,"_,,, _'0 I 0- Charitable organizations , investigation..._15'-1 (n) Day Nurseries , supervision.._._..---- ,..".._.--..-- 15-1 (d) Employment Bureaus , supervision.... ,.._---_.15-1 ( d) Es ta blished -.,.-----.--..------..' --.. u-- "'''' -" ,_.., --, _.. I 0- MenI bersh i p, terms- --"-'--- ."'-----' - _ 0__000" --- ,..,_...1 0- I 'O\VP rs .. - -.- - - - .--- -'" - -",,_._--.. ----- ---- 0.. --.. - -- .,.. ..--- ,.._ 15- SLJPEIUNTENHENT OF STREETS Appointment and removaL_.."..,----....-- - ,.. City Engineer, consolidation.._.,___.._--_.. ...- .. 7- Employees, discipline by City Manager..-- 7-2 (c) E Ilployees , discipline by Superintendent-- 7- TAXATION See Finance and Taxation TAX COLLECTOR T ren surer as.....-----_.. .--.,. '-"'--"'-----"-' ..,.---- --u- 2- Duties , Treasurer to pel.form_.....------ ---- ----.-- 5- Page THEASURER Section Compensation .......'" .....'''' ................ ......, 2- Deputy to fill vacancy... ...,.w ""'" ......' ''' 2- Elect.ed .... ..,......................."........ ...... 2- Enlployees and deputies. ............ .,.....,...... .. 5- Ex-officio Tax Collector...... ......,......,.... ....... 2- Payment of moneY...m ....""'"'''' ...... . ,.,..,.. 5- Receipt of money....,.. ... .." ...,......... ..p""" ...... ' 5- Tax Collector , duties.. ..... .....,.............,....,., ... 5- UTI LITIES Engaging in. .. ..........--""'" .......... 12-1 (a) See Public Utilities Board VACATIONS Council to fix..... .. ...........;...... ..............".... 7 (d) \V AHHANTS Payment of money upon..... . ...--.,.,......... ..'" 5- When drawn... .............""'''''''''''''''''''''' '''''' 4- ZONING City PIa nni n g Board.. ......,.... ................... 14- Page