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1943 Assembly Concurrent Resolution No. 48, FRANK M. JORDAN, Secretary of State of the State of California, do hereby certify: That have compared the annexed transcriPt with the RECORD on file in my offce, of which it purports to be a copy, and that the same is a full, true and correct copy thereof. IN WITNESS WHEREOF, I hereunto set my hand and affx the Great Seal of the State of California Deputy 19\1f) Concurrent Resolution No. 48 in llssenlbly Iarel1 1943 lldopted in Senate April 5 , 1943 --- - ------- il.EUeJt----- --- - - -- --- Secretary of the Senate This resolution was received by the Governor this_ day 1943 , aL_::Q--_clockA :JL - -- ___)" JL E!g9J - - - - - --- Private Secretary of the Governor Assembly COnC1t1-rent Resolution No. 48-Approm ng certain amendments to the chw'ter of the City of Alameda , a municipal corporation in the Cmtnty of Alameda, State of California , voted f01' and ratified by the qualified electors of said city at a general 'municipal election held ther-ein on the ninth day of March , 1943. "\VHEREAS , Proceedings have been taken and had for the pur- pose of adoption aud ratification of certain amendments , here- inafter set forth , to the charter of the City of lllameda , a municipal corporation in the County of Alameda , State of California , as set out in the certificate of "the mayor and city clerk of said city, as follows , to; CERTIFICATE OF RATIF'ICA TION AND llDOP1 ION OF AMENDMENTS TO THE CHARTER OF THE CITY OIj1 ALAMEDA. STATE OF CALIFORNIA COUNTY OF ALAMEDll CITY OF ALAMEDA. , the undersigned , MILTON C. GODFREY , , Mayor of the City of Alameda , State of California , and LOREME R. BEATIE , City Clerk of said City, do hereby certify and declare as follows; That the City of Alameda , a municipal corporation in the County of Alameda , State of California , is now and at all times herein mentioned was , a eity containing a population of more than three thousand five hundred inhabitants , and , as ascer- tained by the last preceding census taken under the authority of the Congress of the United States , now has a population of over 36 000 inhabitants , and ever since the 5th day of May, 1937 , has been and is now, organized , existing and acting under a freeholders ' charter adopted under and by virtue of Section 8 of Article XI of the Constitution of the State of California , which charter was duly ratified by a majority of qualified electors of said City at an election duly held for that purpose on the 29th day of April , 1937 , and approved the Legislature of the State of California by a concurrent resolu- tion passed on the 5th day of NIay,1937 (Statutes of 1937 page 2880). That pursuant to the provisions of Section 8 of Article XI of the Constitution of the State of California the Council ofthe of Alameda , being the legislative body thereof , on its mm motion , by and in pursuance of Resolution No. 2829 adopted by said Council on the 25th day of January, 1943 duly and regularly proposed and submitted to the qualified electors of said City of Alameda seven (7) certain proposals for the amendment of the Charter of said City, designated and separately and consecutively numbered as Proposal No.1 to Proposal No., inclusive , to be voted on by said qualified electors at a general municipal election called and held in said City on the 9th day of March , 1943. That said election was duly and regularly called , authorized and provided for pur- suant to the Charter of said City of Alameda. That by order of the City Council of said City, said pro- posed charter amendments were published and advertised in accordance with the provisions of Section 8 , Article XI of the Constitution of the ' State of California , on the 26th day of January, 1943 , in the Alameda Times-Star , a daily newspaper of general circulation printed and published in said City and the Offcial Newspaper of said City, and in each edition thereof during the day of said publication; That copies of said proposed charter amendments were printed in convenient pamphlet form and in type of not less than ten-point , and a notiee that copies thereof could be had on application therefor at the offce of the City Clerk of the City of Alameda was advertised and published in said Ala- meda Times-Star , a daily newspaper of general circulation printed and published in said City, on the 26th day of Janu- ary, 1943 , and thereafter in each and every issue of said news- paper until and including the day fixed for said general municipal election , all as required by Section 8 , Article XI of the Constitution of the State of California; That printed copies of said proposed charter amendments were on hand , and could be had upon application therefor , at the offce of the City Clerk of said City of Alameda from the 26th day of January, 1943 , unti and including the day fixed for said general municipal election; That copies of said proposed charter amendments , in con- venient pamphlet form , and in type of not less than ten-point were mailed to each qualified elector of said City of Alameda with the sample ballot of said election, more than ten whole days preceding the date of such election; That pursuant to the provisions of the Charter of said City of Alameda there was held in said City of Alameda , on the 9th day of March , 1943 , a general municipal election , said day being at least forty (40) days after the completion of the advertising of said proposed charter amendments in said Off- cial N e"\Yspaper of said City, and not more than sixty (60) days after the C'ompletion of such advertising, and that pur- suant to the provisions of Sedion 8 , of Article XI of the Con- stitution of the State of California and of said Charter and of said resolution of said Council , the said proposed charter amendments were submitted to the qualified electors of saidfor their ratification at said election , and that at said election a majority of the qualified electors voting thereon voted in favor of the ratification and adoption of , and did ratif ' and adopt , each and all of said proposed amendments to the Charter of said City hereinafter set forth; That the returns of said general municipal election were in accordance with the law in such cases made and provided dulv and regularlv canvassed and certified to bv the Council of aid of Al meda at its regular meeting held on March 16. 194:3. and the said City Council duly found , determined and declared that a majority of the qualified electors of said voting on each of said proposed amendments had voted for the ratification and adoption thereof , and that each of said amendments ivas ratified and adopted by a majority electors of said City voting thereon at said election;That said amendments to the Charter so ratified by the qualified electors of the City of Alameda at said general mlmieipal election are in words and figures as follows , to wit: PROPOSAL NO. That Sec. 3.10. of Article III , of the charter of the City of Alameda be amended to read as follows: Sec. :3.10. All acts of the Council imposing penalties , pre- regulations , granting franchises , or providing for the acquisition , transfer , or lease for a period longer than one ear , of real property, shall be by ordinance; provided tlwt the acquisition of real property, or any interest lherein. may be authorized by resolution when the purchase price to be paid , together with any obligation imposed on the City in connection with any such acquisition , does not exceed the snm of $1.000., or ,yhen snch acquisition is to be aceom- plished b ' condemnation in eminent domain proceedings , or in connection ivith public improvements proceedings taken under some law. No real property of the City shall be leased for a period in excess of one year or sold , except npon the affrmative vote of four members of the Council. The provisions of this section shall not apply to the acquisi- tion or transfer of real property when , pursuant to procedure established by ordinance or by any code or general law of the State of California , such has been acquired , or is transferred or acquired , in satisfaction , foreclosure or enforce- ment of a lien for taxes or special assessments of any char- acter. ' PROPOSAL NO. That Sec. 3-, of Artide III , of the charter of the City of Alameda be amended to read as follows; Sec. 3-12. No ordinance shall become effective until thirty days from and after the date of its final passage , except an ordinance callng or otherwise relating to an election , or an ordinance determining the amount of money necessary to be raised by taxation , or fixing the rate of taxes to be levied , or an ordinance 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 assessments against property benefitted thereby, or an ordinance for the immediate preser- vation 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 the Council , or an ordinance enacted in the event of great emergency or necessity passed fourvotes Council and containing a statement of the . emer- gency or necessity. Ordinances for the immediatepreserva- tion 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 of any franchise , however , shall ever be construed as an urgen cy or emergency measure. PROPOSllL NO. fhat Sec. 17-, of Article XVII , of the charter of of l'JJameda be amended to read as follows; Sec. 17-7. otherwise provided by thelevy and City taxes shall be pursuant general law for levy and collection of State and Oounty taxes , and to that end all duties required by general law to be performed by County offcers shall be performed by the City offcers per- forming similar duties.tax levied to law shall be a obliga- tion of the person to \vhom property or the tax assessed. tax shall be and constitute a lien on the property assessed and , as to taxes on personal property, on the prop- erty in this city of the person to whom the tax is assessed and as to taxes on improvements , on the taxable land on whichsuch are located and , as to taxes on assessments of possessory on the other taxable real property of City the owner in this city. he 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 canceled , or (b) for non-payment of any taxes , the property is sold to a priv2te purchaser or deeded to the City. llfter thirty years succeeding the time , heretofore or here. after, when any tax becomes a lien , if the lien has not been otherwise removed , the lien ceases to exist and the tax is con- clusively presumed to be paid. PROPOSAll NO. That Sec. 17-, of Article XVII , of the charter of the City of Alameda be amended to read as follows; Sec. 17-9. All charges , fees , commissions anci percentages collected or received by any offcer or employee of the City in the performance of any offcial duty as such offcer or employee or in the performance of the duties of any offce held ex offcio shall be the property of the City; provided , that the Council may by ordinance provide that the Health Offcer . of the City shall be entitled to receive and retain the fees provided by law to be paid by the State or County to Local Registrars of Vital Statistics for the registration of birth and death certificates. PROPOSAL NO. That Sec. 19-, of Article XIX , of the charter of the City of 11lameda be amended to read as follows; Sec. 19-3. The provisions of the.' Elections Code and the Constitution of the State of California relating to the qualifi- cations of electors and voters shall govern in all municipal elections. Except as otherwise provided in this charter or in any ordinance enacted by the affrmative vote of four mem- bers of the Council , the provisions and procedure provided in the Elections Code and the general law of the State of Caliornia , now in effect and as hereafter amended or codified for ejections in chartered cities and municipalities generally, and in all respects not so provided, then the present and future provisions of said code or laws governing County elec- tions 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 lay, all Boards of Supervisors and Clerks , respectively, concerning elections. For the of this article , all seats orthe be considered as a offce many persons are to be selected as there are full and terms to be filled.No either any to said which as defect in the or ill said election when the the same are the shall be set aside lor of thea rair NO. That there be added to rtic1e XIX of the charter of the City of Alameda a new to be as Sec. 19-15 andwhich read as follows; No person shall be entitled to vote at anyCity unless he shall be a voter the offce of County Clerk and would have been entitled to vote in a 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 connection with the certification of any petition provided by law shall be books of current affidavits of registration kept in the offce of the County Clerk of Alameda County for voters within this city. PROPOSAL NO. That there be added to Article XIX of the charter the City of Alameda a new section to be known as Sec. 19-16 and 'v hich shall read as follows; Sec. 19-16. llt 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 boundaries of , create new , or consolidate established precincts. In the ordinance or resolution establishing, changing or con- solidating precincts the boundaries thereof may be defined by 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 thereto- rore establishing precincts within the City for holding general State and County eleetions. Unless precincts be established as herein provided , they shall remain as last theretofore estab- lished within the City by said Board of Supervisors for hold- general State and County elections. case a election is consolidated with a Stateelection the precincts aud for suchelection shall be as the the Boardof of the of Alameda for the such or election. It shall not be necessary toset forth in any or resolution or such consolidated election the offcersthe several but reference may be made to the resolution or ordinance of said Board of election offcers for such State orall elections the electioncinct board consist of onethat the Council ma:vone and one clerk is suffcient.we that we have amendments with original same to the electors ofIS a true and exact copy as to said amendments this certificate shall be takenas a full and certification as to the of allhad done in connectionIN "\VHEREOF we have hereunto set our hands and caused the seal of the said of Alameda to he affxedhereto this 19th eleClolOll. for each pre- by 0 Ol1e C. GODFREYof the of Alameda Clerk of the City of Alameda ( SEAL J \VHEREAS , Said proposed charter amendments so ratified as hereinabove set forth have and are now and submitted to the of the State for approval or rejection as a whole , without power of alter- ation or amendment , in accordance with Section 8 of Article XI of the Constitution of the State of California now.be it Resolved by the Assembly the State the Senate thei-eof conmf,ri-ing, a majority of all the members elected to each house voting therefor , and concurring' therein that said amendments to said charter of the City of fjJameda herein set forth , as submitted and proposed to and adopted and ratified by the qualified electors of said city, be and the same are hereby approved as a 'whole , \vithout alteration or amendment , for and as amendments to and as part of the charter of said City of Alameda. ACR 48 tbe: om ce: of of the State APR 9 -1943 At clock I:. Attest; ( Seal) 12 rank . SecTeta1'StatA