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1943 Alameda City CharterADOPTED April 29 , 1937 APPROVED May 5 , 1937 Senate Concurrent Resolution No. 38 Amended to March , 1943 CHARTER of the CITY OF ALAMEDA CALIFORNIA ARTI CLE 1. Incorporation and Powers Sec. 1 1. The existing City of Alameda , hereinafter referred to as the "City," shall continue its corporate existence 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 thereafter in the manner authorized by law. Sec. 1 2. The City shall have and exercise the fol lowing rights and powers, subject to the express lim itations herein expressed: (a) . To have perpetual succession. (b). To adopt and use a corporate seal. (c) To sue and be sued. ( d) . To make and enforce 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 heretofore or hereafter granted by the Constitution and general laws of the State of California. clock p.m. on the third Tuesday in April following the next General Municipal Election , at which elec~ tion a successor shall be elected. to serve for the re~ mainder of the unexpired term. Sec. 2~9. If any officer of the City shall remove from the City or absent himself therefrom for morethan thirty days consecutively, without the permis~ sion of the Council , or shall fail to qualify by taking the oath of office and fiing his official bond, when~ ever such bond is required, within fifteen days from the time his certifcate of election or appointment is mailed or delivered to him, or shall resign , or be convicted of a felony, or be adjudged insane, his office shall be vacant. Sec. 2~1O. In the event of a vacancy in the office of Auditor, Treasurer, City Attorney or City Clerk , the ranking deputy or assistant shall . during such va~ cancy, perform the duties of such office. Sec. 2~11. Any incumbent of any Federal, State or County office except notary public or officer in the military or naval reserve forces, shall be ineligible to hold any elective office or office of member of any board created by this charter. Sec. 2-12. The persons occupying the offices set forth in Sections 2~, 2-2 and 2-3, their assistants and deputies , and members of all boards, provided for in Section 10-shall be the officers of the City. Sec. 2~13. All officers, boards and the certified public accountant appointed pursuant to Sub~Section7c shall have power to administer oaths and affir- mations, to examine witnesses and compel their at~ tendance by subpoena in all matters affecting their respective offices and positions. All legal process issued pursuant to this section shall be . executed or under the authority of the Chief of Police. ARTICLE III. City Council See. 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 officers or boards by this charter) shall be vested in a Council consisting of five Councilmen. See. 3~2. The Council may confer upon any board or officer powers and duties additional to those set forth in this charter. Sec. 3-3. The Council may, on its own motion, sub~ mit to 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 any act of or by the Council. Sec. 3~5. The Councilmen present at any meeting regularly held may compel the attendance of absent members in such manner and subject to such penalties as the Council may have prescribed by ordinance. See. 3-6. In the event that any Councilman shall. without 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 office shall be vacant. Sec. 3~7. The Council shall: (a) Meet at 8:00 clock p.m. on the third Tuesday of the month next succeeding the month in which the General Munici~pal 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 commence upon selection and continue unti the selectilon and qualifcation of their successors following the next General Municipal Election. (b) Hold regular meetings at least twice in each month as fixed by ordinance. Its meetings shall be public and held in the Council Chambers of the City Hall. Special meetings may be cal1ed by the Mayor or by three Councilmen by serving the Councilmen personal1y with written notices of time and purpose of the meeting, or leaving such notices at places desig~ nated by the respective members , at least three hours before the time of the proposed meeting. ( c) Contract and fix the compensation for the serv~ ices of a certified public accountant, who shall at least semi-annual1y investigate the transactions and audit the accounts of all officers having the collection, custody or disbursement 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 departments of the City. He may at any time visit any of the public offices and make examinations and investigations therein without hindrance. He must examine the official bonds of all City officers and employees and investigate the suf~ ficiency and solvency of the sureties thereon. At the dose of his investigation he shall fie 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 off- cer or employee is in default, or that the surety on any bond is insufficient, he shal1 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 officers and employees. (e) Pix the amounts and determine the officers and employees who shall give bonds to the City for the faithful performance of their duties. All such bonds shall be executed 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 th 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 office and re- quire that every officer shall. before entering upon the duties of his offce, take and file such oath with the City Clerk ( g) Establish and abolish offices and positions of employment and fix the compensation and duties thereof. except as herein otherwise provided. (h) Designate . the person to perform the dutiesof City Manager in the event of his absence or dis~ ability. (i) Establish on or before July 1. 1938, a retirement pension and insurance system for City officers and employees based on sound actuarial principles , whichsystem 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 deductionsfrom the compensation of officers 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 , reso~ lution or motion , and the vote of each member of the Council on ordinances and resolutions shall be en~ tered in the journal. . Sec. 3~9. No member of the Council shall. during hIS term of office, be eligible to appointment to any board created by this charter. ec. 3~ 10 -- ll acts of the Council imposing pen~ alt es, prescf1bI public regulations, granting fran~ chlses, or provIdmg for the acquisition , transfer orlease for a period longer than one year, of real prop~erty, shall be by ordinance; provided, however , thatthe acquisition of real property, or any interest there~ , may .be authoriz d by resolution when the pur~ase prIce to be paId, together with any obligation Imposed on the City in connection with any such acquisition, does not exceed the sum of $1.000.00. or when such acquisition is to be accomplished by con- demnation in eminent domain proceedings, or in con- nection with public improvements proceedings taken under some law. No real property of the City shall be leased for a period in ex.cess of one year or sold, except upon the affrmative vote of four members of the Council. The provisions of this section shall not apply the acquisition or transfer of real roperty when, pur suant to procedure established by ordinance or by any code or general law of the State of California, such property has been acquired, or is transferred or ac~ quired , in satisfaction, foreclosure or enforcement of a lien for taxes or special assessments of any character. 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 amend- ment of an ordinance shall be germane to the orig~ inal purpose of such ordinance. Every ordinance shall be signed by the officer presiding at the time of its adoption and attested by the City Clerk. No ordin~ ance shall be passed by the Council within five days after its introduction, or at any time other than at a regular meeting or an adjourned regular meeting, ex~ cept as provided in the following section. Sec. 3~12. No ordinance shall become effective until thirty days from and after the date of its final passage, except an ordinance calling or otherwise re~ lating to an election , or an ordinance determining the amount of money necessary to he raised by taxation or fixing the rate of taxes to be levied, or an ordin- ance relating to a street improvement proceeding taken under some law , or an ordinance relating to public improvements or work the cost of which, or any portion of which , is to be borne by special assess- ments against property benefitted thereby, or an ordi~ nance for the immediate preservation of the public peace , health or safety, which contains a declaration of the facts constituting its urgency, and is passed by a four-fifths vote of the Council. or an ordinance en- acted in the event of great emergency or necessity passed by four votes of the Council and containing a statement of the emergency or necessity. Ordinances for the immediate preservation of the public peace, health or safety and ordinances enacted in the event of great emergency or necessity, when passed as aforesaid , may be introduced and passed at one and the same meeting and at either a regular or special meeting. No grant of any franchise, however, shall ever be construed as an urgency or emergency meas- ure. Sec. 3~13. No ordinance shall be re~enacted or amended by reference to its title only, or without set~ ting forth the amended or re~enacted sections or sub- sections thereof in ful!. Sec. 3~ 14. All .ordinances shall be published once in the offcial Newspaper within three days after the same shall have been finally passed. Sec. 3~15. When the expenditure required for the purchase of materials or supplies, or for the making of public work or improvements, exceeds the sum of one thousand dollars, the same shall be done by writ- ten 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 sealed 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' character of the work. materials , or supplies and re~ fer for details to specifications on fie in the office of the City Clerk. The Council may reject all bids. In case no bids are received, the Council may make such public work or improvements without contract or pur~ chase such materials or supplies in the .open market. The Council may, by four votes, either with or with- but prior advertising, as hereinabove set forth , deter~ mine that in its opinion the public work or improve~ ments in question wil be performed more economical~ lyby the City without contract, or that the .erials or supplies can be purchased at a lower pnce II the open market, or that great necessity or emergency requires immediate action, and thereupon 'prQceed make such public work.or improvements wlth tract and to purchase such materials or supplies II the open market. Sec. 3~ 16. A preference of not to exceed five per cent of the lowest bid may be allowed by the Council on all bids for materials and supplies made by a per~ son who, for more than one year continuously pre~ ceding the making of such bid, had an established place of business in the City manufacturing, process ing, wholesaling or retailing such materials and sup~plies. Sec. 3~17. When entering into any contract for la- bor or hiring any labor for public contract work, pref~ erence shall be given to contractors , mechanics , arti~ sans or other laborers of any class, who shall have actually resided in the City for a period of six months preceding the date of their engagement to perform labor, quality and price of work being equal. Sec. 3~ 18. The Council shall annually, after adver- tising in the manner provided for the purchase of sup- plies, award a contract to the responsible bidder who submits the lowest and best bid for publication of all legal advertising of the City in a newspaper of gen~ era I circulation published in the City for a period of not less than one year immediately preceding the making of such bid , and having a bona fide paid cir- culation of at least one thousand copies. The newspa~ per published by the successful bidder shall be the ?fficial ewspaperof the City. The Council may re- Ject ! bIds. . In lieu of newspaper advertising the CouncIl may Issue and publish a bulletin containing uch matter as it is required by law to publish, send- Ilg 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 advertisement in three public places in the City of Alameda. ARTI CLE IV. Auditor Sec. 4~ 1. The Auditor shall perform all the duties of Auditor and Assessor prescribed by this charter, by ordinance and by general law and shall devote his entire time to the duties of his office. He shall, subject to Civil Service requirements, have power to appoint, discipline and remove all deputies and em~ ployees in his offce and shall be responsible 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 his office 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 m.oney transactions of the City, and at all times his records shall reflect the exact condition of the treas~ ury and he shall certify the same to the Council at least. monthly. Sec. 4~4. He shall establish a uniform system of bookkeeping and accounts for the City and all offi~ cers, departments and boards thereof. Sec. 4-5. Every demand presented to him shall specify on its face the several items composing it, the amounts and the dates thereof and shall be numbered d acted upon in the order of presentation. Every demand shall , before payment , be presented to the Auditor with the allowance thereon of the Council or board which appropriated the money pursuant to which said demand is made, except that demands for salary need bear the al10wance only of the City Man ager or executive officer under whose jurisdiction the services are rendered. The Auditor shall not allow any demand unless the same is legally due , its pay~ ment authorized by law , and in consequence of ap~ propriations made pursuant to this charter. Upon al- lowance, the Auditor shall endorse on each demand the word "Allowed," the name of the fund out of which it is payable and the date and consecutive num~ ber of its allowance and shall sign his name thereto. Sec. 4-6. No warrant shall be drawn by the Audi- tor unless there are sufficient moneys otherwise un- appropriated 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 appropria~ tion or fund applicable thereto suffcient to pay and fully discharge the City s obligation under such con~ tract as certified by the Board or officer making the same. All sums of money represented by such en~ dorsements outstanding shall be used for no 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 du~ ties o f Treasurer and Tax Collector prescribed by this charter, by ordinance and by general aw shall devote his entire time to the duties of his offiCe. He shall, subject to Civil Service requirements, ha power to appoint , discipline and remove all depu ies and employees in his offce and shall be responsible for the acts thereof on his offcial bond. See. 5~2. He shall have custo dy of all mo s b longing to the City, or to any offcer of the City il ?is offcial capacity. He shall payout money be10ngmg to the City or in his offcial custody only upo war~ rants drawn upon him duly issued by the Auditor. Sec. 5~3. The Treasurer shall not re eive any moneys unless the payment of the same is ccom~ panied by the certificate of the Auditor, statmg the amount of the same, to what fund payable and by whom to be paid. ARTICLE VI. Mayor Sec. 6 1. The Mayor shall be the offcial and cere~ monial head of the City and shall preside at all meet~ ings of the Council. He may take command of the police and Fire Departments and govern the City by proclamation whenever the Council determines that publIc danger or emergency requires such action. Sec. 6-2. During the absence or disability of the Mayor, the Vice-President of the Council shall per~ form the official duties of Mayor , and during the ab~ ence or disability of both such offcers , the remain~ llg members of the Council shall select a Mayor Pro~ tempore. . Sec. 6-3. Vacancies in the offce of Mayor shall be fIlled by the Council. Sec. 6-4. There is hereby appropriated to the use f the Mayor in the discharge of his office the sum of fIfty dollars each month for which he need furnish no vouchers. ARTICLE VII. City Manager . . 1. .The City Manager shall be the Chief Admllistrative .?fficer of the City and shall be chosen by the Council on the basis of his executive and admi nistrative qualifcations, with special refer ence to hIS actual experience in, or his knowledge of accepte practice in respect to the duties of his offic as heremafter outlined. . 7-2. The City Manager shall have the power and It shall be his duty: a ) To administer and execute policies and under~ takmgs formulated by the Council. (b) To enforce all laws and ordinances, except as provIded by Section 6-, and he is hereby declared to be beneficially interested in their enforcement and to have power to sue in proper courts to enforce them. (c) To appoint , discipline and remove all officers and employees of the City under his jurisdicti , sub~ ject to Civil Service requirements. (d) To act as purchasing agent for the City and all officers and boards thereof, except the Board of Ed~ ucation and the Public Utilities Board unless so re~ quested by them. ( e ) To attend all meetings of the Council unless excused by the Councilor the Mayor. (f) To keep the Council at all times fully advised as to the needs of the City, and to recommend such measures and policies as he may deem expedient, (g) To conduct such investigations and prepare such plans, specifications or reports as may be spe~ cified by the Council. (h) To see that all contracts and franchises made under his jurisdiction or that of the Council are faith~ fully performed , 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 belong~ ing 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 compensati 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 Pire 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) ! 0 investigate the conduct and proceedings of any offIcer or board of the City when he shall deem the same necessary, or when so directed by the Coun~ cil. . (n) To devote his entire time to the duties of his of fice. (0) To formulate rules and regulations for offi cers and employees under his jurisdiction. Sec. 7~3. Neither the Council nor any of the mem rs 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 ser~ vice for w ich the City Manager is responsible solely through hIm. An attempt by a Councilman to influ~ ence the City Manager in the making of any appoint ment or .the purchase of any materials or supplies shall subJect such Councilman to removal from office for malfeasance. 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 Pire Department who shall be the chief execu~ tive of the Pire Department. Sec. 7 ~6. The City Manager shall appoint a Health Officer who shall be the chief executive of the Health Department. The Health Officer shall hold the de~ gree of Doctor of Medicine and a license to practice medicine in the State of California , or a degree repre- senting equivalent t raining in public health. He shall exercise all the powers and duties vested in boards of health or health officers by general law or ordinance now or hereafter adopted. Sec. 7~7. The City Manager shall appoint a City Physician who shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California. The City Physician shall, with~ out. 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 Govern ment. He shall have charge of any receiving hospital or dispensary established by the City. See. 7~8. The City Manager may consolidate the offices of Health Offcer and City Physician. Sec. 7~9. The City Manager shall appoint a Su~ perintendent of Streets who shall be the chief execu~ tive of the Street Department. Sec. 7-10. The City Manager shall appoint a City Engineer who must have been , prior to his appoint~ ment , 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 offices of Superintendent of Streets and City Engi~ neer. See. 7-12. The Chief of Police , Chief of the Pire Department , Health Offcer, City Physician, Super- intendent of Streets and City Engineer shall each have power to discipline any employee under his con~ trol by the imposition 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 author- ity 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 prac- tice and engaged in the practice of law in the State of California for a period of at least five years next pre~ ceding such appointment. Sec. 8-2. The City Attorney shall prosecute all violations of the ordinances of the City. He shall , sub~ ject to the general direction of the Council. board or elective officer having jurisdiction of the matter, prosecute and defend for the City and all boards, off~ cers and employees in their official capacity all pro- ceedings before judicial and quasi-judicial tribunals. He shall not compromise, settle or dismiss any action for or against the City without permission of the Council. He shall not commence any action without permission of the Councilor written instruction of the City Manager. He shall be the legal advisor of and. attorney and counsel for the City and for all officers and boards thereof. in all matters relating to their official duties, and whenever requested in writ ingby any of them, he shall give his legal advice in writing. See. 8-3. He shall approve the form of all bonds to the City, prepare all contracts or legal in~ 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 amend~ ments thereto. He shall deliver all books, papers, doc- uments and property of every description belonging to his offce or to the City, to his successor in office. Sec. 8A. The City Attorney shall appoint, disci~ and remove, subject to Civil Service require~ assistants, deputies and employees under All assistants and deputies must be duly to practice law in the State of California. Sec. 8~5. The Council. or any board with the con~ sentoftheCounciI. may empower the City Attorney, athis 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 ordinances 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 reso~ lutions. ( c ) To have custody of the offcial Seal. deeds, leases , contracts and all records of the Council and such other official records as may he committed to his care. (d) To take affdavits and administer oaths, with~ out charge , in all matters affecting the business of the City. (e) To appoint , discipline and remove, subject to Civil Service requirements , all employees and depu~ ties in his office, subject as to all deputies, to the ap~ proval of the Council. ( f ) To act as Secretary of the City Planning Board. Civil Service Board; City Planning Board; Social Service Board; Library Board. Sec. 1O~2. Each of said Boards, except the Public Utilities Board and Social Service Board, shall con~ sistof 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 successor of such member is ap~ pointed and qualified. See. 1O~3. The Public Utilities Board shall consist of five members, one of whom shall be the City Man~ ager, who shall have full power of participating and voting. Upon nomination of the Mayor, the Council shall appoint, between May 1 and July 1 of each year, one member of said Board for a term com~ mencing on the first day of July following such ap~ pointment and continuing for four years and there~ after until the successor of such member is appointed and qualified. Sec. 1O~4. The Social Service Board shall consist of seven members , one of whom shall be the City Manager, who shall have full power of participating and voting. Upon nomination of the Mayor , the Council shall appoint, between May 1 and July 1 of each year , two members of such Board for terms commencing on the first day of July following such appointment and continuing for three years and ARTICLE X. Boards Sec. 1 O~ 1. The following Boards are hereby esta'b~ lished: Board of Education; Public Utilities Board; rea until the successor of such member is ap- pomted and qualified. Sec. 10-5. A vacancy in the office of a member of any .boa d shall be filled for the unexpired term by nommatlOn and appointment in the manner herein~ above set forth. See. 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. 1O~7. Each person appointed to membership of any of said boards shall be particularly qualified to discharge the functions of his office and. to that end: ( a) One member of the Public Utilities Board shall be an electrical. civil, mining or mechanical en~ gineer. Sec. 1O~8. The members of such boards shall re~ ceive no compensation. See. 10-9. A member of any such board may be re~ moved by the vote of four members of the Council. Sec. 1 O~ 1 O. At its first meeting after July 1 of each year , each such board shall select a President , a Vice~ President, a Secretary and such other officers as it may desire. Sec. 10-11. Each of said boards shall have the P?w:r to establish rules for its proceedings, appoint, dlsclplme and remove (subject to Civil Service re~ quirements) it officers 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. 1O~12. No position of employment with any right of compensation attached thereto shall be estab~ lished under the jurisdiction of any of said boards, ex~ cept the Board of Education , the Public Utility Board and the Library Board, except by action of the Council. Sec. 1O~I3. The votes of a majority of the entire membership of a board shall be necessary for action thereof. ARTICLE XI. Board of Education Sec. 11 ~ 1. The Board of Education shall control and manage the public schools in the City in accord- ance with the Constitution and general law of the State of California and is hereby vested with all the powers and charged with all the duties provided by this Charter and by general law for governing boards of city school districts. Sec. 1I~2. In the event that the estimated income for support of the schools in the City, exclusive of City funds, is, in the opinion of the Board of Educa~ tion, insuffcient to properly support such schools. the Board shall, on or before the second Monday in each year, submit to the Council its itemized estimated income and expenses for the next fiscal year, accompanied by a request for such money as wil be necessary to balance such work for the City or any board thereof at cost; pro- vided , however , if the Board shall elect to make any such original construction of or improvement to any such utility by contract, then the same shall be done subject to the provisions of Sections 3~15 and 3~16, the Board exercising the powers conferred upon the Council in said sections. ( c) To fix rates for the services of all utilities under its control and management. (d) To establish and abolish positions of employ~ ment under its control and fix the compensation and prescribe the duties thereof. No employee of the Board receiving compensation from it shall be , or within one year preceding 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 thou- sand dollars in the aggregate for capital investment. Money borrowed pursuant to this sub-section shall provide that the same may be repaid at any tim.e and shall be repaid within twenty years from date there- of. (f) To invest the reserves provided for in Section 12-6 in bonds of the City, bonds of the United States, of the State of California or of any county or muni~ cipality in the State of California. Sec. 12~4. The Board shall: (a) Keep books arid records for each utility under its control and management in the manner prescribed by the California Railroad Commission or its succes~ and all other fiscal records in the by the Auditor. with the Auditor and Council monthly and reports settng forth the financial and physi~ condition of the utilities under its control and accompanied by monthly and annual by the Certified Public Accountant to in Section 3~7 (c). Maintain a store room and store room system, a detailed record shall be kept of all mate~ received and issued in a manner satisfactory to to the audit of the Accountant referred next preceding sub~section. Prepare and adopt an annual budget. 12~5; Neither the City nor the Board shall en~ utility business , in which the City is not noW engaged, except with the con~ People expressed by a two-thirds vote. 12-6. The Board may retain from earnings of under its management and control in after payment of bond interest and requirements and operating expenses of depreciation, a sum equal to ten per cent in Pixed Capital in Service of such at the beginning of such fiscal year, as a re~ contingencies, replacements, renewals, addi~ improvements; provided, however, that of Working Capital (Current Ac~ Current Accrued Liabilities) at the year shall be equivalent to or in ex~ cess of twenty~five percent of the Pixed Capital in Service as of the same date if an amount equal tofive per cent of Pixed Capital in Service at the be- ginning of the fiscal year were retained, then andin such event the sum J,etained for the fiscal yearshall be reduced to five percent of the Pixed 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 by the Board to the General Pund of the City, unless the Council prior to the end of the fiscal year shall authorize the Board to retain for said re~serve a larger percentage than above set forth. Por the purpose of carrying out the provisions of this section the Board prior to the first day of each fiscal year shall make an estimate of the amount to be earned in the fiscal year in excess of said payments and re~tainments and said excess amount as estimated shall be transferred to the General Fund of the City quar~terly 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 Pund of the City on or before the first day of August next succeeding the end of said fiscal year. ARTICLE XII. Civil Service Board Sec. 13~ 1. The Civil Service Board shall have power and it shall be its duty to administer the Civil Service System of the City. See. 13~2. The Council, on or before Ju y 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 Peo~ position of employment, once placed under Civil Service System, shall be re:noved .ere except pursuant to such Civil Service Ordmanceof the People. 13-3. Any member of the Police or . Fire De~ who shall have been in the serVice of the three years, shall ,if dismissed, ave the nght to the Civil Service Board, which shall have to hear the charges and determine the The procedure for such appeal shall e de~ the Civil Service Ordinance, or m de~ by the Civil Service Board. ARTICLE XIV. City Planning Board 14-1. The City Planning Board shall ha and duties as may be delegated by City It shall have power to investigate and rec~ for the future development, improve~ of the City, including land~ and care of trees on public streets, playgrounds , the improvement an d devel- harbor facilities, the location and improv buildings and works and the subdi~ zoning of land. ARTICLE XV. Social Service Board Sec. 15-1. The Social Service Board shall have the power: (a) To investigate and endorse charitable and philanthropic corporations or associations dependent upon public appeal or general solicitations for support. (b) To encourage the formation of private social welfare organizations to meet needs not already pro~vided for and to foster all worthy philanthropic enterprises. (c) To investigate misstatements, deceptions and frauds in connection with charitable solicitations and to 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, ARTI CLE 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 necessary for the administration , government and of the Library System and all property To purchase necessary books, journals, publi and other personal property. To borrow books from , rent hooks to and ex~ the same with other libraries,' and to extend privileges to nonresidents upon such condi~ the Board may prescribe. 16~2 On or before the second Monday in May year, the Library Board shall submit to the an itemized budget of the amount of money the administration of the Library Sys~ City during the next ensuing fiscal year. of seven cents on each one hundred valuation , the Council shall, and thereover set forth in such estimate may, include in the next succeeding tax apportion to the Library Pund as received the purposes set forth in such budget. 16~3. Al1 fines and other money arising out of the Public Library System of or gifts or trusts therefor shall be deposited Pund. ARTICLE XVII. Pinance and Taxation . The fiscal year of the City shall com~ day of July of each year and shall next succeeding thirtieth day of June. Sec. 17 2. On or before the second Monday in May of each year , each Board or officer having supervision or control of the expenditure of City funds , and every officer or Board so directed by the City Manager shall transmit to the City Manager detailed estimates of income and expenditure for the ensuing fiscal year. See. 17-3. On or before the first Tuesday in August of each year , the City Manager shall transmit to the Council a detailed budget showing the estimated revenues and expenditures of the City and all De~ partments thereof for the ensuing fiscal year. Sec. 17 A. At any time after the first day of Sep~ tember 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 Jimits of the City, on the basis of the valu~ ahon thereof as shown by the assessment roll in the office of the City Assessor. Such rate , after allow~ ing three percent of the assessed valuation for de~ linquencies, 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 by majority vote of the People, the annual tax levy, exclusive of sums necessary to provide for interest and sinking funds on the City s bonded and to pay for street and ewer work, and improvement of public parks, and grounds, salaries of employees of the and the moneys apportioned to the Education pursuant to Section 11 ~2, shall rate of one dollar for each one hun~ assessed valuation. The Council shall fix the tax rate by the number of cents levied on each one of assessed valuation of taxable specifying the portion of the whole which to any particular fund of the City, and also the portion thereof appropriated purpose or for the bonded indebted City. If the Council shall fail to fix the within the time prescribed, the rate for the fiscal year shall thereupon be auto~ Unless otherwise provided by ordi~ levy and collection of City taxes shall beto law for the levy and collection taxes, and to that end all duties to be performed by County be performed by the City officers similar duties. levied pursuant to law shall be a per~ of the person to whom the property Every tax shall be and con~ the property assessed and, as to property, on the real property in this city of the person to whom the tax is assessed and, as to taxes on improvements, on the taxable land on which such improvements are located and, as to taxes on assessments of possessory interests, on the other taxable real property of the owner in this city. The time when taxes for any fiscal year become a lien on property is at noon on the first Monday in March preceding the beginning of the fiscal year for which the taxes are to be collected. Except as otherwise provided in this section, the personal obligation is satisfied and the tax lien removed when , but not before. (a) the tax is paid or legally cancelled, or (b) for non~payment of any taxes, the property is sold to a private purchaser or deeded to the City. After thirty years succeeding the time , heretofore or hereafter , when any tax becomes a lien, if the lien has not been otherwise removed, the lien ceases toexist and the tax is conclusively presumed to be paid. Sec. 17-8. All moneys received by any officer or employee of the City in his offcial capacity orbelong~ ing to the City, and all moneys directed by general law or by this charter to be paid or deposited in the City Treasury shall be paid into the Treasury daily by the offcer or employee reeciving the same. Sec. 1 7 9. All charges, fees, commissions and percentages collected or received by any Hiceror employee of the City in the performance of any duty as such officer or employee, or in the of the duties of any office held ex be the property of the City; provided. Council may by ordinance provide that the Officer of the City shall be entitled to re~ the fees provided by law to be paid or County to Local Registrars of Vital for the registration of birth and death The Mayor, Auditor and City Man~ together, count the money in the City at least once in every three months and the amount of money on hand and make a thereof to the Council within five days showing whether the money in the City corresponds to the amount shown by the of the City. 1. A Police Secret Pund in such amount may from time to time appropriate established under the sole control of the It shall be withdrawable by him to the auditing provisions of this shall be expended by the City Chief of Police under the direction for investigation and police and for no other purpose. other times as the Council City Manager shall fie with the and the affdavit of the Chief of Police that all moneys expended out of the fund have been used for the purposes hereinabove set forth. Sec. 17-12. An Emergency Revolving Pund, the unexpended balance of which shall at no time exceed five hundred dollars , is hereby established. The Council shall appropriate to such fund from time to time such amounts as it deems proper. Such fund shall be expended for emergency purposes only upon demands signed by both the City Manager and the Auditor , but not otherwise appropriated , audited, al~ lowed or approved. Said officers shall take receipts for all money expended out of such fund and at least quarterly shall file with the Council a detailed state- ment 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 Pund, suffcient to place the busi~ ness .of the City upon a cash basis. ARTICLE XVII. Pranchises Sec. 18-1. Pranchises may be granted for the use by any public utility of the streets , public places orproperty of the City upon such terms, conditions, restrictions and limitations as many be prescribed by ordinance, but no franchise shall be be granted with~ out reserving to the City adequate compensation for the privilege conferred; nor for a longer period than twenty years unless there be reserved to the City right to take over at any time the portion of such within the City without compensation of the franchise granted. ARTICLE XIX Municipal Elections 19~ 1. Municipal Elections held in the City of be classified as of two kinds: (a) Gen~ Elections; (b) Special Municipal 19~2. A General Municipal Election shall on the second Tuesday in March numbered year. The first General after the adoption of this charter on Tuesday, March 14, 1939. All otner shall be Special Municipal Elec~ Municipal ElecHon may be called or by resolution of the Council. The provisions of the Elections Code of the State of California re~ qualifications of electors and voters in all municipal elections. Except as in this charter or in any ordi- affirmative vote of four mem~ the provisions and procedure the Elections Code and the general of California , now in effect and as or codified, for elections in char- generally, and in all then the present and future or laws governing County elections generally, insofar as they may be applicable, shall govern all elections in this City. The Council and the City Clerk, respectively, shall exercise the powers and perform the duties conferred or imposed by law on Boards of Supervisors and County Clerks, respectively, concerning elections. Por the purpose of this article, all seats or positions on the Council shall be considered as a single office for which as many persons are to be selected as there are full and unexpired terms to be filed. No election, either general or special. shall be set aside for any error , irregularity or defect in the pro~ ceedings leading up to said election or in said election when the provisions of law governing the. same are substantially complied with and where a fair expres~ sion .ofthe wil of the electorate is secured. Sec. 19~4. No person shall become a candidate for an elective offce of the City unless he shall have been nominated as provided in this article. candidate for elective office shall be nominated written petition signed by not less than thirty nor more than fifty qualified electors of the City. Such Nominating Petition may consist of one or more tions , provided that each such section shall contain a full and accurate copy of the text of the Each signer shall add to his residence , giving nation can be given. petiton , or of each be in sections, shall make oath true, and that each signature was affxed and is the signature of the person purports to be thereto subscribed. Each Petition shall state the address of the office for which he is nominated , and by the written acceptance of therein named. No more than one named in anyone petition. In case signed two or more nominating peti~ same office, all such signatures, except on the petition first presented provided , however, that in case two are to be elected to the same office an elector may sign the Nomin~ as many persons as there are officers such office. Signatures on Nominat~ shall not be withdrawn. Petition must be than sixty days any GeneralMunici of any such petition the the same and thereupon he shall whether it conforms to the charter, and from the current on fie in the office of the of Alameda shall ascer~ said petition is properly number of qualified electors must attach result of his examination. If the petition be found insuffcient, such certificate shall designate the defects therein, and such petition may then be amended or supple~ mented by the filing, not less than thirty days before such General Municipal Election, of an amended or supplemental petition, and the City Clerk shall, within five days from the fiing thereof, make like examina~ tion of the same and attach his certifcate thereto. Sec. 19-6. Any person named in a Nominating Petition fied as herein provided may, not later than twenty-five days before the ensuing General Mu- nicipal Election, cause his name to be withdrawn from nomination by filing with the City Clerk a state- ment of withdrawal acknowledged before a notary public. The names of candidates who have with~ drawn, 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 officers to be elected to an office, then other nomin~ ations 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 birth. occupation for the past five years, public offices whether he is a taxpayer of the City and has ever been convicted of a felony or involving moral turpitude. He may statement, in not to exceed .one hundred such other information regarding his and qualifications as might enable the to determine his fitness for office. Such shall also contain the names of not less residents of this City, and no others , who his Nominating Petition. Any material of facts in such statement shall dis~ candidate from holding any City office. must also deliver at his own cost, printed copies of such statement number of qualified electors of the City. shall be printed on a single sheet of white wide by nine inches long, and shall thereon a true photograph of such can~ within two years prior thereto. shall mail one of such copies to with the sample ballot. The not place on the ballot the name of who has failed to file and furnish statement required by this section. After the closing of nominations the the names of the candidates who as herein provided, and who with the preceding section, together to be filed, and not later than twenty election shall certify such list as being the list of candidates nominated as required by the charter of the City and fie the same in his office. See. 19~9. At least ten days before a General Mu~ nicipal Election the Mayor must issue under his hand, and the City Clerk must attest, an election tion containing a statement of the time of election, the offces to be filled and the names of the candi~ dates and of the propositions, if any, to be voted on as the same shall appear on the ballot. The Clerk shall cause said proclamati to be twice in the Official Newspaper, and the last publica- tion thereof shall be at least five days before date of election. No further or other notice of such election need be given. Sec. 19~ 10. The Council shall, by ordinance resolution passed or adopted not later than days before an election, establish election precincts, designate the polling places therefor and name officers of election for each precinct; provided when two or more municipal elections are by the Council it shall not be necessary to set the precincts, polling places and officers of in more than one of such ordinances or resolutions. Sec. 19~ 11. The Council shan canvass the returns and declare the result of any municipal at its first regular meeting, following the election, at a special meeting held within ten days after election, unless such election has been the canvassing of returns delegated pursuant law. Sec. 19-12. In case there is but one person to be to an offce, the candidate receiving the number of votes cast for that office shall elected. case there are two or more persons to be elected same offce, then those candidates, equal in to the number to be elected, who receive the number of votes cast for such offce, shall be elected. Where full and one or more un~ terms to the same offce are to be filled, the equal in number to the number of officers for the full term, who receive the highest votes cast for such offce, shall be declared for the full term; and the candidate who re~ candidates equal in number to the num~ to be elected for unexpired terms who the next highest number of votes, shall be de~ for the unexpired term or terms. terms be of different duration, the candi~ receives the highest number of votes shall elected for the longer term. 19~13. In case of a tie vote, the City Council summon the candidates who have re~ votes to appear before the Council at a to be designated, and the Council shall, determine the tie by lot. Such in every case, be mailed to the address as it appears in his Nominating Petition, or delivered to him personally,atleast five days before the date fixed for the determinationo such tie votes. Sec. 19~14. At least ten days before any Special Municipal Election, the Mayor must issue under his hand, and the City Clerk must attest, an. election proclamation containing a statement of the time of such election and of the propositions to bevotedon as the same shall appear on the ballot. Such proclama~ tion shall be published as required for General Mu~nicipal Elections and no further or other notice need be given. Sec. 19-15. No person shall be entitled to voteat any City election unless he shall be registered as a voter in the office of the County Clerk ofAla~ meda County and unless he would have been en~titled to vote in a precinct in this city at a State or County election held on the same day as such City election. The registers used at all City elections or in con~ nection with the certification of any petition provided by law shall be the books of current affdavits of registration kept in the office of the County Clerk of Alameda County for voters within this city. Sec. 19 16. At any time .not later than twenty days before any election, and. without reference. to any procedure provided therefor in the Elections Code , the Council may . divide the City into election precincts and may change the. boundariesof create new, or consolidate established precincts. IILthe ordinance or resolution establishing, changing or consolidating precincts the boundaries thereof may be defined by reference to exterior descriptions or delineations on precinct maps or both, or by reference to orders or resolutions of the Board of Supervisors of the County of Alameda last theretofore establish- ing precincts within the City for holding general State and County elections. Unless precincts be established as herein provided, they shall remain as last theretofore established within the City by said Board of Supervisors for holding general State and County elections. In case a City election is consolidated with a State or County election the precincts and polling places for such municipal election shall be as established within the City by the Board of Supervisors of the County of Alameda for the holding of such State or County election. It shall not be necessary to set forth in any ordinance or resolution callng or relating to such consolidated municipal election the election offcers for the several precinct boards , but reference may be made to the resolution or ordinance of said Board of Supervisors appointing election officers for such State or County election. At all municipal elections the election officers for each precinct board shall consist of one inspector, one judge and two clerks , except that the Council may determine that one inspector, one judge and one clerk is suffcient. ARTICLE Xx. preceding section, a true copy of said notice shall be served on the officer whose recall is sought personally' or may be mailed in the City to him by registered mail addressed to such officer at his last known place of residence in the City. If made by mail, service shall be deemed complete at the time of the deposit in the post office. Proof of service shall be made by affdavit of the person making such service. Said affidavit shall state the date, place and manner of service, and shall be filed with the City Clerk within ten days fl'm the date of filing said notice. Sec. 20A. Within 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 acknowl~ edged answer setting forth in not exceeding three hundred words, such officer s reply to the general statement contained in the notice of intention, or any other justification of his course in office. Upon receipt and filing of said answer the City Clerk shall endorse thereon the date of such filing. If such answer be not offered for filing within the time herein 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 elective officer of the City shall be addressed to the Recall Sec. 20~1. The holder of any elective office of this City may be recalled from office 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 to apply to officials now in office , as well as to those hereafter elected. See. 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 office held by, the person whose recall is sought, the residence address of every person signing the same, and shall further contain a general statement, not exceeding three hundred 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 information of the electors , and any insufficiency in the form or substance thereof shall in nowise affect the validity of such recall pro~ ceedings. Upon receipt and filing of said notice , the City Clerk must endorse thereon the date of such filing. Sec. 20-3. Within five daysfrom the date of filing of the notice of intention provided for in the next Council of the City of Alameda and shall state the name of and the office 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 fied an answer within the time specified herein, then said petition shall so state. Such petition shall be signed by qualified electors of the City equal in number to at least thirty per centum (30'1 )) 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 separ- ate sections, and each such section may consist of several sheets of paper attach ed together; provided, however , that each such separate section shall con~ tain a full and accurate copy of the title and text of the petition. See. 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 as wil enable the location to be readily ascertained. . It shall not be . necessary to include in such address words designating the City if the petition recites that the signers . are resi dents of the City of Alameda. Signatures , addresses and dates must be written in longhand and in ink or indelible pencil. The commonly accepted abbrevi~ ations designating 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 peti~ tion, or to each separate section thereof if the same be in sections, an affidavit made by the person who circulated such petition or section, giving the resi~ dence address of the affiant , stating that all signa~ tures appearing on such petition or section were made in affiant's presence, and that the residence address, and the date appearing opposite or following each signature were 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 signature is the genuine signature of the person whose name purports to be thereunto subscribed. See. 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 20A. Signatures affxed to such petition 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 writing, signed by such signer and verifed by an officer competent to administer oaths, and thereupon the City Clerk shall cancel such signature. A revocation filed after the time herein specified shall not be valid or effective for any purpose. Sec. 20~ 1 O. Separate sections of any recall peti- tion 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 fied with the City Clerk not 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 to~ gether be deemed and considered as one petition. Sec. 20-11. Within ten days from the expiration of the time limit for filing a petition, specified in the next preceding section , the City Clerk must examne such petition and from the records of registration ascertain and determine whether or not said petition is signed by the requisite number of qualified electors and must forthwith file in his offce and attach to such petition his certificate showing the result of such examination. Sec. 20~12 If by the Clerk's certificate , the petition is shown to be insufficient the same may be supple~ mented by filing with the City Clerk within fifteen days from the date of such certificate supplemental petitions duplicates 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 supple~ mental petitions the City Clerk must make like ex~ amination of the supplemental petition as of the original petition and must fie in his offce his final certificate showing the result of such examination. Sec. 20-13. The followng general provisions shall govern: ( a) The City Clerk shall endorse the date of filing on each original or supplemental petition and on each separate section thereof, if the same be in sections, and on 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 whose signature has been rejected on the original petition may sign again on the supplemental petiton. (d) No revocation of any signature appearing on a supplemental petition shall be permitted. (e) The Clerk shall determine what number of qualified electors have signed a recall petition from the affidavits of registration on file in the office of the County Clerk of Alameda County during the period of such examination , 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 filing same. Such certificate, whether of the .original or supplemental petition, must state the total number of signatures affxed on such petition, the number of signatures revoked, the number of signa tures 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 corre~ sponding data relating to the original petition, as the same appears on the certificate attached thereto, and must state the aggregate number of valid signa~ ures 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 revoked or rejected and the reason or reasons for each such rejection. On request of any person whose signature appears on the notice of intention, or of the person or persons who fied 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 peti~ tions, certificates, statements, notices and alL other required in this article shall be public and open to public inspection as soon as documents documents fied, Sec. 20-14. If the Clerk's certificate shall show that all the valid signatures on said petition, including those contained in the supplemental petition, are stil insuffcient , no further action shall be taken thereon, but the petition and Clerk's certificate shall remain on fie as a public record. The failure to secure suffcient signatures on such petition shall be without prejudice to the institution of new proceed~ ings for recall and the filing .of an entirely new petition to the same effect. See. 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 to exceed five dollars per day as determined by the City Clerk. Sec. 20~ 16. If the petition , either as originally fied or as supplemented, shall be found to be suf~ ficient, the Clerk must submit the same to the Council together with his certificate thereto attached, at the next regular meeing of said Council occurring after the date of his certifcate of such suffciency. The Council must forthwith cause a Special Municipal 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 wil 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 the receipt of the petition by the Council from the Clerk and the date of calling the election, the Council may, in its discretion, sub~ mit such recall at such General Municipal Election. Sec. 20~17. One petition is suffcient to propose the recall of one or more elective officials, and one election is competent for the recall and election of one or more elective officers. See. 20~18. Nomination of candidates for any offce to be filled at such recall election shall be made by petition in the manner prescribed by this charter for the nomination of candidates for public office at General Municipal Elections. Sec. 20~ 19. There shall be printed on the recall ballot, as to every offcer whose recall is to be voted on thereat, the following question: "Shall (name of person against whom the recall petition is fied) recalled from the office of (title of the office)?" 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 office by said recall election, but no vote shall be counted for any candidate for said office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. The name of the person against whom the petition is fied shall not appear on the ballot as a candidate for the office. 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 be used at such election. Sec. 20~21. If a majority of those voting on the question of the recall of any officer from office shall vote "No," said officer shall continue in said office. If a majority shall vote "Yes," said officer 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 Municipal Election. If the vote at any such recall election shall recall the offcer, then the candidate who has received the highest number of votes for the office 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 receiving the certificate of election, the office shall be deemed vacant. Sec. 20~22. Proceedings for the recall of any offcer shall be deemed pending from the date of the fiing of the notice of intention to circulate a petition for the recall of such officer. Sec. 20~23. In the event that any officer should resign while proceedings for his recall are pending. omission or irregularity not affecting the substantial rights of any citizen or public offcial shall ever be held to invalidate any proceedings taken under this article where the requirements of this article have been substantially complied with. ARTICLE XXI. Initiative and Referendum Sec. 2l~l.The Initiative and Referendum may be exercised by the qualified electors of the City in the manner provided by general law. Sec. 22~2. Any contract or sale, purchase, lease or transfer of real or personal property to which the City is a party and in which any offcer or employee visions shall constitute misconduct. of the City is financially interested, directly or in~ directly, except as provided in Sec, 22~ 1 (a), shall be voidable at the election of the Council. Sec. 22-3. Every offcer or employee who shall ap~ prove, 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 or misconduct in office shall forfeit his offce or position of employment. No person who shall have been convicted of a felony or misconduct in office shall ever hold any office or position of emplyment in the service of the City. Sec. 22~5. All books, fies and records of the City and of all boards and officers thereof shall be open to public inspection during usual business hours, un~ less secrecy of the contents of such books, fies and records 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 or extract, and the additional sum of twenty~five cents for each certification. Sec. 22~7. Traveling expenses shall not exceed actual cost of transportation, plus a reasonable per ARTICLE XXII. Miscellaneous See. 22~ 1. No officer or employee of theOty shall: (a) Become financially interested, except by tes~ tate or intestate succession, either directly or in~ directly, in any contract or sale, purchase, lease or transfer of real or personal property to which the City is a party, or be employed by any public service cor porati regulated by .or holding franchises in the City. No officer or employee shall be deemed to be financially interested by the ownershap 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 procuring a nomination, appointment, election or employment. (c) Knowingly mislead any bidder by giving or withholding information. A willul violation of any of the foregoing pro~ assume and continue to hold the successor office for the remainder nf their unexpired terms. Board of Education, successor to Board of Edu~ cation. Library Board, successor to Board of Library Trustees. Public Utilities Board , successor to Board 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. ACCOUNT ANT Section See Certified Public Accountant Auditor as ADVERTISING Bids , Callng for 3-Bulletin in lieu of 3- Official Newspaper , Council to designate 3- Publication of Ordinances 3- Public Utilties Board - -----------.---..--_.-___. 12-2 (b) ASSESSOR Auditor as ex-officio Duties, Auditor to perform AUDITOR Accountant for City Accounts" keeping Bookkeeping system Certificate to Council Certificate to Treasurer Contracts , endorsement Counting money in treasury -.-- Custody of books Demands , payment Deputies and employees Duties Elected Emergency Revolving Fund Ex-officio Assessor Salary Vacancy, deputy to fil VVarrants , payment --.-.-.__.--.- 17 -1 0 --.--. -.------ ----- 17 - Page Compensation Contracts , approval Deputies and employees Deputy to fil vacancy DutiesLegal advisor for City Ordinances , drafting Qualifications Special legal counsel CITY CLERK Appointment and Removal Compensation Custody of contracts , etc. Deputies and employeesDeputy to fil vacancy Duties Oaths , administering Ordinances , attesting Records of City, keeping Secretary City Planning Board CITY ENGINEER Appointment and Removal Duties , qualifications Employees , discipline Street Superintendent , consolidation CITY MANAGER Absence or disability of Appointment Boards , investigating proceedings Budget , preparation Budget , submitting . .......................... Chief Administrative Officer Chief of Fire Department , appointment... Chief of Police , appointment City Engineer , appointment City Physician , appointment Contracts , enforcement Section 1 (c) 1 (e) 1 (d) 1 (c) 1 (f) 7 (h) 2 (m) 7 -2 (l 17- Page Section Council meetings , attendance 7 -. (e) Counting money in treasury ..... .............. 17- Emergency Revolving Fund ....... ............. 17- Employees , appeal on discipline 7-Employees, rules for 7 -2 (0) Fire Department , appointments in 7-2 (k) Franchises , performance 7 -2 (h) Full time , devoting 7 -2 (n) Golf Courses , supervision 7 -2 (i Health Officer , appointment ...... ............ Influencing or interfering with.... ..... .. 7- Officers and employees , supervision... 7-2 (c) Parks , supervision 7-2 (i Police Department, appointments in.... 7-2 (k) Police Secret Fund . .............................. 17- Policies , recommending to CounciL..... 7 -2 (f) Powers and duties 7-Pub.lic property, supervision 7-2 (0 Public Utilties Board , member .. ........... 10-3, 23-Purchasing Agent 7-2 (d) Qualifications 7-Removal 2-Salary 2- Social Service Board , member ... ................ 10- Street Superintendent , appointment..... 2- Technical advisory experts 7-2 (j) CITY PHYSICIAN Appointment and Removal Duties , qualifications Employees , discipline Health Officer , consolidation CITY PLANNING BOARD 3 7- 7 ' 5 2 4 2 10 2 7.7 2(h) See Boards Appointments .... ..................................... 10-City Clerk as Secretary 9-1 (f) Established .... ........................................... 10- Membership, terms ...... .......................... 10- Powers and duties ....... ............................ 14- Pa.ge 23, Section Traveling expenses , fixing ---- ----------___-- 22- Vacancies, how filed 2- Vacations , providing for 3-7 (d) COUNCILMEN Absence creating vacancy Attendance , compelling City Manager , influencing Special meetings , callng Vacancy, how filled COURTS, Unaffected by Charter -- DAY NURSERIES, Supervision_.__.. _._.__._ 15-1 (d) DEMANDS. Presentation and Allowance---- 4- 7 (b) -----_._-- 23- ELECTIONS Candidates elected -- ------------____--_ 19- Candidates , listing ---- ----__--_ m__-- ___--------_--____ 19- Canvassing returns -.....--- --..-.-.--..------.--__--_- 19- Death of candidate -.- .-.--.---------------_____ 19- General law applicable -.------ -.--------------______ 19- General , when held ----- -----.----.----------______ 19- Kinds -- -.-.--___--_ _m._._ __------------.---------__ ____m-- ___ 19- Nominating petitions .- ----_..-- _.mm_ __._---._____ 19- Nominating petitions , filing -_ _------___. 19- Officers of election Pollng places , designating m_ _-----------______ 19- Prccincts , consolidating _..__m _.--_m. __-.---__. 19- Precincts , establishing ._------_____.m__ __-__--____ 19- Proclamation -...-- . _m---- --_-_--._--___- 19- Proclamation , special election ..---- --..---_.___ 19- Recall , see Recall Registration , necessity of Special , callng Statement of candidate --...--- ---------------____--_ 19- Tie vote --------- -------------------------------------_--_--__ 19- Withdrawal from nomination ___m------_--m 19- Page Section EMPLOYEES Civil Service System ..--....-- --------------------_____ 13- Continuing in office --m_ ___-_-.-----------------_____- 23- Discipline , appeal 7- Felony, forfeiting employment -___.__m __-__.._ 22- Financial interest ------__..._m __----.----------______ 22-1 (a) Misconduct --.--- ------- _____--m_. ____-----.---.--___--.-- 22- Pension system for 3-7 (iResidence 2- Travel expenses .--- -----.----_--_-- __mm_ ___-_--._--____ 22-Vacations 3-7 (d) Unauthorized payments -__--_._m __---.------____--_ 22- EMPLOYMENT BUREAUS, Supervision--_15-1 (d) FINANCE AND TAXATION Auditor , charge of finances 4- Budget , Board of Education ----...-. .-----.__.--. 11- Budget , City Manager to submit --- _---_. 17- Budget , Council to adopt -___..m_ __.__.--.--____._ 17- Cash Basis Fund ------ ----------.---.-- ---._____.m_l 7 - Counting Money in Treasury - ---...--.----_..__. 17- Dollar Limit .--.----- -------------------- _____--m --_______-- 17- Emergency Revolving Fund ----- --------____-- 17- Estimates of departments - ----..-.-.----.-_._-- 17- Fees of Officers .-- ------.-----------------------_____-- 17- Fiscal year --- ----.--._ __.----m --____.----------__.___ l 7- General Fund , transfers by Public Utilties Board m ..____----------------------__.-_ 12- General law applicable __--_m_ .__---------.__.__ 1 7- Police Secret Fund ----_____.m _____----------__--___ 17- School Fund , levy for ------ ----..-----.-----__------_ 11- Tax rate , Council to fix 17- Tax rate , failure to fix Treasury, depositing funds in _--.m-- -.__- 17- FIRE DEPARTMENT Appointments in , City Manager 7 -2 (k) Chief , appointment , removal 2- Discipline of members by Chief -_--__m 7- Discipline of members by City Manager 7-2 (c) Page Section Dismissal , appeal __.n _mm _nm n.mm_ ____ 13-Emergency, Mayor to command 6- FISCAL YEAR .--____..nnn_n_m_m______------__-__-17- FRANCHISES Conditions .nnm.. ..--..- ..____nm._._m___.--18-Granting, by ordinance 3- Terms __.___n__nm_ ___ ______n______mmmm____-----_--___n 18- Violations , City Manager to reporL_- _.___ .- 7-2 (h) GENERAL FUND Transfers to , Public Utilities Board...---- 12- GENERAL LAW. When applicable GOLF COURSE City Manager to supervise 2 (i HEALTH DEPARTMENT Employees , discipline of Health Officer , appointment HEAL TH OFFICER Appointment and Removal , 7 City Physician , Consolidation Powers and duties Qualifications INITIA TIVE General law applicable -.....------------.---- 21- Submission by Council LEASES Custody, City Clerk Longcr than one year Public Utilties Board LIBRARY BOARD See Boards Appointments ..n_mmn_._____m____mm._.___._-_n_l0- Budget --------_____.n._mm _.- --.----..--..- -_.__mmnm 16- 1 (c) ------.--..__-___ 12-2 (c) Page Section Established Fines , gifts , etc.Library Fund created (b) Library system, control .-----.--------------_____16-1 (a) Membership, terms _n__________._nnn____n__-____n 10- Non-resident privileges ---------------_-_-__mn____16-1 (e) Powers - --__ ___m_____-__--_16- Purchases __n_____.-- ------._. ____nn__._______n._ ____---___- 16-1 (d) Rules and regulations n _m______------_.____m_-- ---- 16-1 (c) MAYOR Absence , Vice-President to acL-----n.----- 6-Appointment 2- Boards , nominations..._._------ _._ -_mm_n._---__-__l 0-Compensation 2- Council meetings , presiding --.-.-.-nn.-._ Counting money in treasury ---______n_n_.m_17 -1 0 Election proclamation n_m______ ----___ _n.___-___19- Funds for use of ---__m_._.__.._-___n_n_._m__------ Official head of City -------.------------- .-_ _____n---.- Proclamation , government by ___m____m_-.---- Public Utilties Board , nominations.___...__l0-Removal 2- Social Service Board , nominations..._._____..10- Special election , Proclamation _m___--_m_19- Special meetings , callng 3-7 (b)Vacancy, how filed 6- MUNICIPAL AFFAIRS , Power over 1- OA TH OF OFFICE Council to prescribe Failure to take Filing with Clerk OA THS City Clerk to administer Who may administer OFFICERS Absent from City Appointed by City Manager 7 (f) 7 (f) 1 Cd) Page "14 Section Page Appointed by Council 2- Assessor , Auditor ex-officio 2- Auditor , elective 2-Bonds 3-7 (e) Bonds failure to fie --_u______m_ ___--_-- ------------- 2- Budge , submitting ____._m _______m __._...---____.. 17 - Chief of Fire Department , appointrnenL__5 2 Chief of Police , appointment 2-4 2 City Attorney, appointment 2- City Clerk , appointment 2- City Engineer , appointment 2-10 2, 19 City Manager, appointment 2- City Physician , appointment 2-7 2,Compensation 2- Compensation , Increase and decrease._-_m 22- Continuing in office ____m____m______m___---- 23- Councilmen , elected - ---. -______m___m_----U_-- 2-Deputies as 2-12 . Elective term 2-Elective; who are 2- Fees , property of CitY_ -.-.--- .---.w..-..____m--.17- Felony, forfeiting office ..--------.._u ____um ____ 22- Financial interest -----------.---_u ___m.---_____.__m_22-1 (a) Fire Chief , appointment 2- Health Officer , appointment 2-Ineligibilty 2-11 Mayor , appointment 2- Misconduct _m _..__..- -------_u _---------------___ ___m___-22- Oath of office , failure to take 2- Oath of offce , fiing 3-7 (f) Oaths power to administer ----_uuuu_-m----- 2-13 Pensi n system for 3-7 (i Recall , see Recall Recalled , holding office -----_____m__u___m____-20-Removal 2-Residence 2- Street Superintendent , appointment 2- Tax Collect , Treasurer ex-officia_----.--..-- 2- Traveling expenses Treasurer, elective Unauthorized payments, liability for------__22- Vacancies , how filed Vacations Who are OFFICES Business hours u____m___ .___ -____m.u_m-- Deputy to fil vacancy Recalled officer not to holdVacancy, election of successor Vacancy, filing When vacant OFFICIAL NEWSPAPER See Advertising Council to designate ORDINANCES Action of Council by Amendment Attesting by City Clerk City Attorney to draft Effective date Emergency Enforcement , City Manager Passage Publication Reenactment and amendment Remaining in force --..- . .. ----.-------... Submitting to electorate When necessary PARKS City Manager to supervise PENSION SYSTEM Council to establish POLICE DEPARTMENT Appointments in , City ManageL Chief, appointment , removal Discipline of members by Chief Discipline of members by City Manager Section 7 (d) --__-_._ 22- 20- 2 (b) -..._.___ 23- 7 -2 (i 7 (i ._m-. 7 -2 (k) 2 (c) Page Section Dismissal, . appeal . .--------------.._ ___m__ ________ 13- Emergency, Mayor to command 6- Police Secret Fund ._m ____.m _..__-..-.-.-----____-- 17 - POWERS Conferring by Council Home Rule Muncipal Affairs Of City Vested in Council PUBLIC PROPERTY City Managerto supervise PUBLIC UTILITIES BOARD See Boards Advertising - .- -...------.. ...---.---_____ 12-2 (b) Appointments ---....--- .- --_._- ____..m l0- Borrowing money -.....-.--... .-...-..-.....-------.--__-.-- 12-3 (e) Budget , adopting m m_____m. ..--........._ __-- 12-4 (d) City Manager as Member. .. ..... ....... 10- City Manager ex-officio member..--- --__-- 23-Construction work ....___m _-__._-_ 12-3 (b) Contracts -.--. - ..-----..-... ... -.----.-------.--_____. 12-1 (c)Duties ... ....---...----.------____ 12- Earnings , disposition '-____..mm__ ____---------_.... 12- Employees , control over --_____.m_......m____ _____ 12-3 (d) Engineer as member ..---...----__..___m___-__-.-_____--l0-7 (a) Established - _d. .-....--- -----....-------.. ______m__..__._.._1 0- General Fund , transfers to --m__. .__------.-__-__. 12- Membership, terms --- .-- -____.--m_.__.... -____- l0- Powers --.----..- ----.---.....---...... _m_.____--------"-..........12- Powers without competiive bids m_.__d____12- Purchases . .-.- -.------.---------------.-....-.-....-- 12-1 (c) Rates , fixing --.. -----...-..-.-----------------------_____ .12-3 (c) Real property, acquisition --_____--m____--- --- 12-2 (c) Records ----.-...-..............--. ...---------.-------..-----------_- 12-4 (a) Reports to Council ........- .------.--.-.---....._.__ 12-4 (b) Reserve for contingencies --......-- ----.----______ 12- Reserves, investment -_____m_..m__d.. _--______ 12-3 (f) Revolving fund , purchases - -------------- ----dd.12-2 (d) 7 -2 (i Page Section Sale obsolete property ... -.---.------------___.. 12-3 (a) Store room system -...-. ----...-.----..--..-.--_.___ 12-4 (c) Terms , expiration__ _.._....- .-.-_..._._ 23- Utilties, control and management. ..m _.-- 12-1 (a) Utilties , engaging in -- ___ .__m - -.-._.--. 12- PUBLIC WORK Council may do Emergency Over $1000 , bids Preference for residents PURCHASES City Manager Purchasing Agent Open market Over $1000 , bids Preference for residents Public Utilties Board ___._m __.--- 2 (d) -------..__.__ 12-1 (c) REAL PROPERTY Acquisition or transfer by ordinance -d. 3- inancial interest of officer..- -...--.-. ---. 22- How heldLeasing 3- Public Utiities Board , acquisition by-.12-2 (c) RECALL Answer of officer Ballot , form of - .--...--.-..--.--.--.-------.-.- ___d._20- Canvassing returns , results .._ ----.- -- _d_._.20- Certificate of election -- -....---..--.-__. ___m_ __.. 20- Certificate to petition ---... -...-.. . 20- Clerical assistance ---- --..--- "-.-.--"." .d__20- General provisions -...-. ..-..... ...m .... _. 20- New petitions ---.-- __... __d--- -------.. -. --- .-. 20- Nomination of candidates- --... -.--._ 20- Notice of Intention -.--- " -.-..__ __dd..20- Notice of Intention , service of - ---.....--.-.-.__ 20- Office , holding after recall - ----....-------____.-- 20- Officers subject to --- .......--.-..-..-------...____ 20- Petition , affidavit of circular -_d_- --.---..______ 20- Page Section Petition , circulation .------- _____m--..__--_--u--20- Petition , contents ...-.---..-----___.--_m-- __----_.-- 20- Petition examination. -- .. -...--.- ____m 20- Petition , fiing -- ___ mu_.---- ------------------_--____ 20- Petition , separate sections 20- Petition , signing _m --_---..-- ----- ....---.___.--. 20- Proceedings mandatory Proceedings , when pending ------ ----...-...--___- 20- Provisions liberally construed ...-.._...._m 20- Qualifications on election -- --- -u-.. .-- _._._ 20- Recall and election of successor at same timeResignation of 20- Sample ballot , mailng ._u..- --- -_.___.m____ _-- 20- Signature , revocation of ---__._..m -_____ .._m_ ___ 20- Special election , conduct ___m _-m_m ....m__ .-- 20- Special election , Council to call 20- Supplemental petitions __--m.--.------.__...m--20- RECORDS Copies ...._._m_---_.__.__m_m__ Inspecition _----..m __._----------. REERENDUM General law applicable Submission by Council RESOLUTIONS Action of Council by .___-- 22- u____.m_ ._._ 22- 21- SCHOOLS See Board of Education SOCIAL SERVICE BOARD See BoardsAppointments. .-.- --------.------...__--_ 10- Charitable organizations , investigation 15-1 (a) Day Nurseries, supervision (d) Employment Bureaus , supervision (d) Established -_m-- .--m_.m _m..._._-----___.m.l 0- Membership, terms ---------.....---..-._..__m___ ___-------- l0- Powers ---- ------------------------------- _m---_---m-_-_15- Page Section SUPERINTENDENT OF STREETS Appointment and removal 2-3 7- City Engineer , consolidation 7- Employees , discipline by City ManageT--- 7-2 (c) Employees , discipline by Superintendent 7- TAXA TION See Finance and Taxation T AX COLLECTOR Treasurer as Duties , Treasurer to perform TREASURERCompensation 2-Deputy to fil vacancy 2-Elected 2- Employees and deputies 5-Ex-officio Tax Collector 2-Payment of money 5- Receipt of money -----------------------__..----m Tax Collector , duties 5- UTILITIES, Engaging in See Public Utilties Board VACATIONS Council to fix WARRANTS Payment of money upon When drawn ZONING City Planning Board _m__--_-m_____ _.----------- 14- Page (a) 7 (d)