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1955 Alameda City CharterCHARTER OF THE CITY of ALAMEDA CALIFORNIA ADOPTED April 29 , 1937 APPROVED May 5 , 1937 Senate Concurrent Resolution No. 75 Amended to March , 1955 127 CHARTER of the CITY OF ALAMEDA CALIFORNIA ARTICLE I Incorporation and Powers Sec. I-I. The existing City of Alameda , hereinafter re- ferred to as the "City," shall continue its corporate exist- ence under this charter with the same property rights and the same boundaries as existing at the time this charter takes effect , or as such boundaries may be changed there after in the manner authorized by law. Sec. 1-2. The City shall have and exercise the following rights and powers, subject to the express limitations herein 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 hereto- fore or hereafter granted by the Constitution and general laws of the State of California. (F) To act pursuant lo procedure established by gen- eral law , unless a different procedure is established by ordinance. ARTICLE II Offcers Sec. 2-1. The following elective offces are hereby estab- lished: Five Councilmen , who shall constitute the Council; Auditor, who shall be ex-offcio Assessor; Treasurer , who shall be ex-offcio Tax Collector. Sec. 2-2. The following offces are hereby established and the incumbents thereof shall be appointed by the Council by vote of not less than three members thereof and may be removed by vote of not less than four members thereof: Mayor; City Manager; City Attorney; City Clerk. Sec. 2-3. The following offces are hereby established and the incumbents thereof shall be appointed by and hold offce at the pleasure of the City Manager: Chief of Police; Chief of the Fire Department; Health Offcer; City Physician; City Engineer; Superintendent of Streets. Sec. 2-4. The salary attached to the following offcesshall be fixed by the Council at not less than the follow-ing amounts per annum: Auditor, $3 600.00; Treasurer 600.00; City Manager , $4 000.00; City Attorney, 000.00; City Clerk , $2,400.00. Each Councilman shall receive $20.00 for each meeting of the Council which he shall attend; provided , that no Councilman shall receive such fees for more than two meetings in anyone calendar month. (Amended March II , 1947) Sec. 2-5. No person shall be qualified to be elected or appointed to any of the elective offces hereinabove set forth unless he shall have been an elector of the City of Alameda for a period of five years continuously next pre- ceding his election. Every offcer of the City referred to in Section 2-12 of this Charter shall be a resident of the City during his tenure of offce. Employees of the City, other than such offcers , shall reside within the City or within fifteen miles of the City limits thereof. (Amended by Vote of People-March 8 , 1955. Sec. 2-6. The term of each elective offcer shall commence at 8 :00 o clock p.m. on the third Tuesday in April next fol- lowing the General Municipal Election at which such off- cer was elected and continue for four years thereafter and until his successor is elected and qualified. Sec. 2-7. Every vacancy in an elective offce , arising otherwise than as provided in Article XX , shall be filled by the Council. In the event that vacancies exist in a major- ity of the offces of Councilmen , such vacancies shall be filled by a board consisting of the remaining Councilmen if any, and the following offcers, selected in the order named , suffcient to constitute a board of three , to-wit Auditor, Treasurer and President of the Board of Library Trustees. After any vacancy in the offce of councilman has continued for twenty-one days , the three offcers last mentioned in the foregoing sentence , acting as a board shall have the sole power acting by a majority vote , to fillsuch vacancy. Sec. 2-8. The term of any person appointed to fill a vacancy in an elective offce shall commence upon appoint- ment and qualification and continue until 8 :00 o clock m. on the third Tuesday in April following the next Gen-eral Municipal Election , at which election a successor shall be elected to serve for the remainder of the unexpired term. Sec. 2-9. If any offcer of the City shall remove from the City or absent himself therefrom for more than thirty days consecutively, without the permission of the Council , orshall fail to qualify by taking the oath of offce and filinghis offcial bond, whenever such bond is required , withinfifteen days from the time his certificate of electionorap-pointment is mailed or delivered to him , or shall resign , orbe convicted of a felony, or be adjudged insane , his offce shall be vacant. Sec. 2-10. In the event of a vacancy in the offce of Audi- tor, Treasurer , City Attorney or City Clerk , the rankingdeputy or assistant shall , during such vacancy performthe duties of such offce. Sec. 2-11. Any incumbent of any Federal , State orCounty offce, except notary public or offcer in the military or naval reserve forces , shall be ineligible to hold any elective offce or offce of member of any board created by this charter. Sec. 2-12. The persons occupying the offces set forth in Sections 2-, 2-2 and 2-, their assistants and deputies , andmembers of all boards , provided for in Section 10-, shallbe the offcers of the City. Sec. 2-13. All ?f!icers, boards and the certified public accountant appolited pursuant to Sub-SectioIl3-7c shallhave powcr to administer oaths and affrmations to exam-ine witneses and compel their attendance by su bpoena inall matters affecti g their respective offccs and positions. All legal process Issued pursuant to this section shall beexecuted by or under the authority of the Chief of Police. ARTICLE III City Council Sec. 3-1. All powers of the City and all powers vested in city councils (except the powers reserved to the People or delegated to other offcers or boards by this charter) shall be vested in a Council consisting of five Councilmen. Sec. 3-2. The Council may confer upon any board or offcer powers and duties additional to those set forth in this charter. Sec. 3-3. The Council may, on its own motion , submit tothe 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 , ex- cept as otherwise provided , shall be necessary for any act of or by the Council. Sec. 3-5. The Councilmen present at any meeting regu- larly held may compel the attendance of absent members in such manner and subject to such penalties as the Council may have prescribed by ordinance. Sec. 3-6. In the event that any Councilman shall , without being excused by the Council , absent himself from four or more consecutive regular meetings of the Council extend- ing over a period of not less than thirty days , his offce shall be vacant. Sec. 3-7. The Council shall: (A) Meet at 8:00 o clock p.m. on the third Tuesday of the month next succeeding the month in which the General Municipal Election is held , and organize by selecting from its membership a Mayor , who shall be the President ofthe Council , and a Vice-President of the Council , whose terms shall commence upon selection and continue until the se- lection and qualification 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 Chamber of the City Hall. Special meetings may be called by the Mayor or by three Councilmen by serving the Councilmen personally with written notices of time and purpose of the meeting, or leaving such notices at places designated by the respective members , at least three hours before the time of the proposed meeting. (C) Contract and fix the compensation for the services of a certified public accountant , who shall at least semi-annually investigate the transactions and audit the ac-counts of all offcers having the collection , custody or dis- bursement of public money, or having the power to ap- prove , allow or audit demands on the treasury. He shall have free access to all records , books and papers in all de- partments of the City. He may at any time visit any of the public offces and make examinations and investigations therein without hindrance. He must examine the offcial bonds of all City offcers and employees and investigate the suffciency and solvency of the sureties thereon. At the close of his investigation he shall file with the Council a written report containing his recommendations. If during his examination and audit it shall appear that a public offense has been committed , or that any offcer or employee is in default , or that the surety on any bond is insuffcient he shall immediately report to the council , which shall take such proceedings as are authorized by law. (D) Provide by ordinance for annual vacations with pay for all City offcers and employees. (E) Fix the amounts and determine the offcers and em-ployees who shall give bonds to the City for the faithful performance of their duties. All such bonds shall be exe-cuted by surety companies qualified to do business in the State of California and be subject to approval by the Council and shall be filed with the City Clerk , except that the bond of the City Clerk shall by filed with the Auditor. The premiums on all such bonds shall be paid by the City. (F) Prescribe the form of oath of offce and require that every offcer shall , before entering upon the duties of his offce , take and file such oaths with the City Clerk. (G) Establish and abolish offces and positions of em- ployment and fix the compensation and duties thereof, ex- cept as herein otherwise provided. (H) Designate the person to perform he ties of City Manager in the event of his absence or dIsabIlIty. (I) Establish on or before !uly.1, 1938 , a retirement, pension and insurance system for CIty offcers and employ- ees based on sound actuarial principles , which system once adopted shall not be amended except by the vote of five Members of the Council , and shall not be repealed ex- cept by the People. Such system shall provide for the sup- port thereof by deductions f om the co pen sation of offcers and employees of the CIty and contnbutIOns from City funds and funds under the control of the respective boards. Sec. 3-8. The Council shall act by ordinance , resolution or motion and the vote of each member of the Council on ordinance and resolutions shall be entered in the journal. Sec. 3-9. No member of the Council shall , during his term of offce , be eligible to appointment to any board cre- ated by this charter. Sec. 3-10. All acts of the Council imposing penalties, pre- scribing public regulations , granting franchises , Or pro- viding for the acquisition , transfer or lease for a period longer than one year , of real property, shall be by ordi- nance; provided , however, that the acquisition of realproperty, or any interest therein , may be authorized byresolution when the purchase price to be paid , together with any obligation imposed on the City in connectionwith any such acquisition , does not exceed the sum of000., or when such acquisition is to be accomplished by condemnation in eminent domain proceedings , or in connection with 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 upon the afrmative vote of four mcmbers of the Council. The provisions of this section shall not apply to the ac- quisition or transfer of rcal property when , pursuant toprocedure established by ordinance or by any code or gen- erallaw of the State of California, such property has bccnacquired, or is transferred or acquired in satisfaction , fore-closure or enforcement of a lien for taxes or special assess- ments of any character. Sec. 3-H. The enacting clause of cvcry ordinance passed by the Council shall be , " Be it Ordained by the Council of the City of Alameda." Every amendment of an ordinance shall be germane to the original purpose of such ordi- nance. Every ordinance shall be signed by the offcer pre- siding at the time of its adoption and attested by the City Clerk. No ordinance shall be passcd 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, ex- cept an ordinance callng or otherwise relating to an eIec- tion , 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 im- provement proceeding taken under some law, or an ordi-nance relating to public improvements or work the cost of which, or any portion of which , is to be borne by special assessment 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 enacted 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 measure. Sec. 3.13. No ordinance shall be re.enacted or amended by reference to its title only, or without setting forth the amended or re-enacted sections or sub-sections thereof in full. Sec. 3-14. All ordinances shall be published once in the offcial Newspaper within three days after the same shall have been finally passed. Sec. 3-15. When the expenditure required for the pur- chase 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 written contract and let to the responsible bidder who submits the lowest and best bid, after advertising in the Offcial Newspaper by at least one insertion for 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 refer for details to specifications on file in the offce of the CityClerk. The Council may reject all bids. In case no bids are received , the Council may make such public work or im- provements without contract or purchase such materials or supplies in the open market. The Council may, by four votes , either with or without prior advertising, as herein- above set forth , determine that in its opinion the public work or improvements in question wil be performed more economically by the City without contract, or that the materials or supplies can be purchased at a lower price in the open market , or that great necessity or emergency re- quires immediate action , and thereupon proceed to make such public work or improvements without contract and to purchase such materials or supplies in the open market. Sec. 3-16. 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 person who , for more than one year continuously preceding the making of such bid , had an established place of business in the City manu- facturing, processing, wholesaling or retailing such mate- rials and supplies. Sec. 3-17. When entering into any contract for labor or hiring any labor for public contract work , preference shall be given to contractors , mechanics , artisans or other la- borers 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 advertising in the manner provided for the purchase of supplies 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 general circulation published in the City for a period of not less than one year imme-diately preceding the making of such bid , and having a bona fide paid circulation of at least one thousand copies. The newspaper published by the successful bidder shall be the Offcial Newspaper of the City. The Council may reject all bids. In lieu of newspaper advertising the Council may issue and publish a bulletin containing such matter as it is required by law to publish , sending the same by mail to the registered voters of the City, to their addresses as the same shall appear on the registration records of Alameda County, and shall also post printed copies of such adver-tisement in three public places in the City of Alameda. ARTICLE IV Auditor Sec. 4.-1. The Auditor shall perform all the duties ofAuditor and Assessor prescribed by this charter, by ordi-nance and by general law and shall devote his entire time to the duties of his offce. He shall , subject to Civil Service requirements, have power to appoint , discipline and re- move all deputies and employees 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 in his offce all accounts , books , vouchers , documents and papers relating to the debts , revenues and other financial affairs of the City. Sec. 4-3. He shall keep an accurate account of all money transactions of the City, and at all times his records shall reflect the exact condition of the treasury and he shall cer- tify the same to the Council at least monthly. Sec. 4-. He shall establish a uniform system of book- keeping and accounts for the City and all offcers , depart- ments and boards thereof. Sec. 4,-5. Every demand presented to him shall specify on its face the several items composing it, the amounts and the dates thereof and shall be numbered and acted upon in the order of presentation. Every demandshall , before pay- ment , be presented to the Auditor with the allowance thereon of thc Councilor board which appropriated the money pursuant to which said demand is made , except that demands for salary need bear the allowance only of the City Manager or executive offcer under whose jurisdiction the services are rendered. The Auditor shall not allow any demand unless the same is legally due , its payment author- ized by law , and in consequence of appropriations made pursuant to this charter. Upon allowance , 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 con- secutive number of its allowance and shall sign his name thereto. Sec. 4-6. No warrant shall be drawn by the Auditor un- less there are suffcient moneys otherwise unappropriated in the fund against which the warrant is drawn to pay the same. Sec. 4.-7. No contract required to be in writing and im- posing any financial obligation upon the City shall be binding or of any force unless the Auditor shall endorse thereon his certificate that there remains an unexpended and unapplied balance of the appropriation or fund ap- plicable thereto suffcient to pay and fully discharge the City s obligation under such contract as certified by the Board or offcer making the same. All sums of money repre- sented by such endorsements 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 duties of Treasurer and Tax Collector prescribed by this charter , by ordinance and by general law and shall devote his entire time to the duties of his offce. He shall , subject to Civil Service requirements , have power to appoint, discipline and remove all deputies and employees in his offce and shall be responsible for the acts thereof on his offcial bond. Sec. 5-2. He shall have custody of all moneys belonging to the City, or to any offcer of the City in his offcial capac- ity.He shall payout money belonging to the City or in his offcial custody only upon warrants drawn upon him duly issued by the Auditor. Sec. 5-3. The Treasurer shall not receive any moneys un- less the payment of the same is accompanied by the certifi- cate of the Auditor , stating the amount of the same , to what fund payable and by whom to be paid. ARTICLE VI Mayor Sec. 6-1. The Mayor shall be the offcial and ceremonial head of the City and shall preside at all meetings of the Council. He may take command of the Police and Fire Departments and govcrn the City by proclamation when- ever the Council determines that public danger or emer. gency requires such action. Sec. 6-2. During the absence or disability of the Mayor the Vice-President of the Council shall perform the offcial duties of Mayor, and during the absence or disability of both such offcers, the remaining 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 of the Mayor in the discharge of his offce the sum of fifty dollars each month for which he need furnish no vouchers. ARTICLE VII City Manager Sec. 7-1. The City Manager shall be the Chief Adminis- trative Offcer of the City and shall be chosen by the Coun- cil on the basis of his executive and administrative qualifi- cations , with special reference to his actual expericnce in or his knowledge of , accepted practice in respect to the duties of his offce as hereinafter outlined. Sec. 7-2. The City Manager shall have the power and it shall be his duty: (A) To administer and execute policies and undertak- ings formulated by the Council. (B) To enforce all laws and ordinances, except as pro- vided by Section 6-, and he is hereby declared to be bene- ficially interested in their enforcement and to have power to sue in proper courts to enforce them. (c) To appoint , discipline and remove all offcers and employees of the City under his jurisdiction , subject to Civil Service requirements. (D) To act as purchasing agent for the City and all off- cers and boards thereof , except the Board of Education and the Public Utilities Board unless so requested by them. (E) To attend all meetings of the Council unless excused by the 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 specified by the Council. . (H) To see that all contracts and franchises made under his jurisdiction or that of the Council are faithfully per- formed , and to report all violations thcreof to the Council. (1) To supervise and administer all public parks , golf courses , recreation areas , wharves , docks and other public properties, utilities and facilities belonging to the City, except as in this charter otherwise provided. (J) To appoint technical advisory experts or boards with the consent of and at such compensation as may bc provided by the Council. (re) Until a Civil Service ordinance shall be in force , to establish examinations as to fitness of applicants for posi- tions below the rank of Chief in the Police and Fire De- partments , and to make appointments therein only on the basis of merit after such examinations. (L) To prepare and submit a budget as required by this charter. (M) To investigate the conduct and proceedings of any offcer or board of the City when he shall deem the same necessary, or when so directed by the Council. (N) To devote his entire time to the duties of his offce. (0) To formulate rules and regulations for offcers and employees under his jurisdiction. Sec. 7-3. Neither the Council nor any of the members thereof shall interfere with the execution by the City Man- ager of his powers and duties. Except for purposes of in- quiry, the Council and its members shall deal with that portion of the administrative service for which the City Manager is responsible solely through him. An attempt by a Councilman to influence the City Manager in the making of any appointment or the purchase of any materials or supplies shall subject such Councilman to removal from offce for malfeasance. Sec. 7-4. The City Manager shall appoint a Chief of Police who shall be the chief executive of the Police De- partment. Sec. 7-5. The City Manager shall appoint a Chief of the Fire Department who shall be the chief executive of the Fire Department. Sec. 7-6. The City Manager shall appoint a Health Off- cer who shall be the chief executive of the Health Depart- ment. The Health Offcer shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California , or a degree representing equivalent training in public Health. He shall exercise all the powers and duties vested in boards of health or health offcers by general Jaw or ordinance now or hereafter adopted. Sec. 7-7. The City Manager shall appoint a City Physi- cian who shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California. The City Physician shall , without charge and as required by the Council , render emergency, surgical and medical service , and make such medical examinations as may be necessary for the administration of the affairs of the City Government. He shall have charge of any receiving hos- pital or dispensary established by the City. Sec. 7-8. The City Manager may consolidate the offces of Health Offcer and City Physician. Sec. 7-9. The City Manager shall appoint a Superin- tendent of Streets who shall be the chief executive of the Street Department. Sec. 7-10. The City Manager shall appoint a City Engi- neer who must have been , prior to his appointment , a prac- ticing 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 Engineer. Sec. 7-12. The Chief of Police , Chief of the Fire De- partment, Health Offcer , City Physician , Superintendent of Streets and City Engineer shall each have power to disci- pline any employee under his control 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 pen- alty less than dismissal , subject to appeal to the City Man- ager who shall , on such appeal , have final and arbitrary authority to affrm , modify or revoke such penalty. ARTICLE VIII City Attorney Sec. 8-1. The City Attorney shall have been , at the time of his appointment , regularly admitted to practice and en- gaged in the practice of law in the State of California for a pcriod of at least five years next preceding such appoint- ment. Sec. 8-2. The City Attorney shall prosecute all violations of the ordinances of the City. He shall , subject to the gen- eral direction of the Council , board or elective offcer hav- ing jurisdiction of the matter , prosecute and defend for the City and all boards, offcers and employees in their offcial capacity all proceedings 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 per- mision 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 offcers and boards thereof in all matters relating to their offcial duties, and when- ever requested in writing by any of them , he shall give his legal advice in writing. Sec. 8-3. He shall approve the form of all bonds given to the City, prepare all contracts or legal instruments in which the City is interested , and shall endorse on each his approval of the form thereof. He shall , when required by the Council , or any members thereof , draft proposed City ordinances and amendments thereto. He shall deliver all books, papers , documents and property of every descrip- tion belonging to his offce or to the City, to his successor in offce. Sec. 8-4. The City Attorney shall appoint , discipline and remove , subject to Civil Service requirements , all as- sistants, deputies and employees under his authority. All assistants and deputies must be duly admitted to practice law in the State of California. Sec. 8-5. The Council , or any board with the consent of the Council , may empower the City Attorney, at his re- quest, to employ special legal counsel. ARTICLE IX City Clerk Sec. 9-1. It shall be the duty of the City Clerk: (A) To perform all duties imposed upon him by general law where not inconsistent with this charter or the ordi- nances of the City and to devote his entire time to the duties of his offce. (B) To act as Clerk of the City Council and keep accurate public record of the proceedings thereof, and also separate, properly indexed books in which , respectively, he shall record all ordinances and resolutions. (c) To have custody of the offcial Seal , deeds , leases; contracts and all records of the Council and such other offcial records as may be committed to his care. (D) To take affdavits and administer oaths, without charge, in all matters affecting the business of the City. (E) To appoint, discipline and remove , subject to Civil Service requirements, all employees and deputies in his offce, subject as to all deputies , to the approval of the Council. (F) To act as Secretary to the City Planning Board. ARTICLE X Boards Sec. 10-1. The following Boards are hereby established: Board of Education; Public Utilities Board; Civil ServiceBoard; City Planning Board; Social Service Board; Library Board. Sec. 10-2. Each of said Boards , except the Public Utili- ties Board and Social Service Board , shall consist of fivemembers. Upon nomination of the Mayor , the Councilshall appoint, between May 1 and July 1 of each year , onemember of each such Board for a term commencing .on thefirst day of July following such appointment and continu- ing for five years , and thereafter until the successor of such member is appointed and qualified. Sec. 10-3. The Public Utilities Board shall consist offive members , one of whom shall be the City Manager, whoshall have full power of participating and voting. Upon nomination of the Mayor, the Council shall appoint , be-tween May 1 and July 1 of each year , one member of saidBoard for a term commencing on the first day of July fol-lowing such appointment and continuing for four years and thereafter until the successor of such member is ap- pointed and qualified. Sec. 10-4. The Social Service Board shall consist ofseven 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 appointbetween May 1 and July 1 of each year, two members ofsuch Board for terms commencing on the first day of July following such appointment and continuing for three years and thereafter until the SUCCessor of such member is ap-pointed and qualified. Sec. 10-5. A vacancy in the offce of a member of anyboard shall be fined for the unexpired term by a nomina-tion and appointment in the manner hereinabove set forth. Sec. 10-6. All members of such boards shall , at the timeof their appointment and continuously during their in- cumbency, be electors of the City. Sec. 10-7. Each person appointed to membership of any of said boards shan be particularly qualified to dischargethe functions of his oHice and, to that end: (A) One member of the Public Utilities Board shall be an electrical , civil , mining or mechanical engineer. Sec. 10-8. The members of such boards shall receive no compensation. Sec. 10-9. A member of any such board may be removed by the vote of four members of the Council. Sec. 10-10. At its first meeting after July 1 of each year each such board shall select a President , a Vice-President a Secretary and such other offcers as it may desire. Sec. 10-11. Each of said boards shall have the power to establish rules for its proceedings , appoint , discipline andremove' (subject to Civil Service requirements) its offcers and employees and prescribe their duties and exercise all authority and perform all duties prescribed by this chartcr and by general law or ordinances. Sec. 10-12. No position of employment with any right of compensation attached thereto shall be establishedunder the jurisdiction of any said boards , except the Board of Education , the Public Utility Board and the Library Board , except by action of the Council. Sec. 10-13. The votes of a majority of the entire mem-bership of a board shall be necessary for action thereof. ARTICLE XI Board of Education Sec. II-I. The Board of Education shall control and manage the public schools in the City in accordance 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. II-2. In the event that the estimated income for support of the schools in the City, exclusive of City funds , in the opinion of the Board of Education , insuffcient to properly support such schools , the Board shall , on or be- fore the second Monday in May of each year , submit to the Council its itemized budget of estimated income and ex- penses for the next ensuing fiscal year, accompanied by a request for such sums of money as will be necessary to balance such budget. The Council shall include in the next succeeding tax levy and apportion to the Alameda School Fund as received the amount of money so requested except that by the affrmative vote of four members thereof the Council may reduce such amount and apportion to such Fund , not less than twenty cents on each one hundred dol- lars of assessed valuation. Such Fund shall be expended by the Board of Education , but otherwise held and audited as other City funds. ARTICLE XII Public Utilities Board Sec. 12-1. The Public Utilities Board shall have the power: (A) To control and manage all public utilities owned by the City used for the purpose of generating, distributing or sellng gas or electricity or for the purpose of furnishing transportation. (B) To control and manage any City-owned public util- ity, the control and management of which shall have been delegated to the Board by the Councilor the People. (c) To contract for the purchase of materials and sup- plies , subject to the provisions of Sections 3-15 and 3-16 of this charter except as otherwise in this article expressly provided. In connection with such contracts the Board may exercise the powers conferred upon the Council by said sections. Sec. 12-2. The Board shall also have the power, without reference to advertising or competitive bidding: (A) To contract for the purchase, for not to exceed ten years, of gas , electrical energy or such other public utility service oreommodity necessary for the operation of a public utility under the control and management of the Board. (Amended by Vote of People-March 10 , 1953) (B) To advertise and publicize the business of any pub- lic utility under its control and management. ( c) To acquire full or j oint use of poles , pipes, conduits and rights of way; and to acquire by lease or purchase in the name of the City real property necessary for its purposes. (D) To purchase out of a revolving fund goods , wares and merchandise to be resold for the purpose of increasing the public utility services or commodities under the con- trol and management of the Board; provided , the total amount of money in such fund , together with the amount of money invested in such goods , wares and merchandise shall not in the aggregate exceed the sum of $15 000.00. Sec. 12-3. The Board shall also have the power: (A) To sell obsolete or unnecessary personal property, subject to the consent of the Council on all sales exceeding the sum of three thousand dollars. (B) To make any original construction of and any im- provement to any utility under the control and manage-ment of the Board , and to do and perform any work for the City or any board thereof at cost; provided , howeverif the Board shall elcct to make any such original con-struction 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-, 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 employmentunder its control and fix the compensation and prescribethe duties thereof. No employce of the Board receiving compensation from it shall be, or within one year preced-ing his employwent have been , a member of the Board. (E) To borrow, with the approval of the Council andnot otherwise , not to exceed one hundred thousand dollars in the aggregate for capital investment. Money borrowed pursuant to this sub-section shall provide that the samemay be repaid at any time and shall be repaid withintwenty years from date thereof. (F) To invest the reserves provided for in Section 12- in bonds of the City, bonds of the United States , of theState of California or of any county or municipality inthe State of California. Sec. 12-. The Board shall : (A) Keep books and records for each utility under its control and management in the manner prescribed by the California Railroad Commission or its successor in author-ity, and all other fiscal records in the manner prescribed by the Auditor. (B) File with the Auditor and Council monthly andannual reports setting forth the financial and physicalcondition of the utilities under its control and manage-ment, accompanied by monthly and annual audits pre- pared by the Certified Public Accountant referred to in Section 3-7 (c) . (c) Maintain a store room and store room systemwherein a detailed record shall be kept of all materialsreceivcd and issued in a manner satisfactory to and subject to the audit of the Accountant referred to in the next pre- ceding sub-section. (D) Prepare and adopt an annual budget. 12-5. Neither the City nor the Board shall engage public utility business , in which the City or the not now engaged, except with the consent of the expressed by a two-thirds vote. Sec. 12-6. The Board may retain from earnings of public utilities under its management and control in each fiscal after payment of bond interest and sinking fund re- and operating expenses exclusive of deprecia- to ten per cent of the investment in Fixed Service of such utilities at the beginning of such as a reserve for contingencies , replacements and improvements; provided , howeverthe amount of Working Capital (Current Ac-Current Accrued Liabilities) at the end of year shall be equivalent to or in excess of per cent of the Fixed Capital in Service as of the same date if an amount equal to five per cent of Fixed Capital in Service at the beginning of the fiscal year were retained , then and in such event the sum retained for the fiscal year shall be reduced to five per cent of the Fixed Capital in Service at the beginning of the fiscal year. All earnings of such utilities for the fiscal year in excess of said payments and retainments shall be transferred by the Board to the General Fund of the City, unless t Council prior to the end of the fiscal year shall authorize the Board to retain for said reserve a larger percentage than above set forth. For the purpose of carrying out the provisions of this section the Board prior to the first day of each fiscal year shall make an estimate of the amount to be earned in the fiscal year in excess of said payments and retainments and said excess amount as estimated shall be transferred to the General Fund of the City quarterly or as mutually agreed upon between the Board and the Council. Any balance of such excess amount for the fiscal year shall be transferred by the Board to the General Fund of the City on or before the first day of August next suc- ceeding 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. Sec. 13-2. The Council , on or before July 1938 , shall establish by ordinance a Civil Service System for the City. Such ordinance , once adopted , shall not be amended , ex- cept by vote of five members of the Council and shall not be repealed , except by the People. No position of employ- under such Civil Service System , shaIJ therefrom , except pursuant to such Civil or by vote of the People. Any member of the Police or Fire Depart- shall have been in the service of the City for shall , if dismissed , have the right to appeal to Board , which shall have the power to and determine the penalty. The procedure shall be determined by the Civil Service or in default thereof , by the Civil Service ARTICLE XIV City Planning Board The City Planning Board shall have such duties as may be delegated by City ordinance. to investigate and recommend plans for improvement and beautification of and care of trees streets , parks and the improve-development of the location of public buildings and works and the and zoning of land. ARTICLE XV Social Service Board The Social Service Board shall have the and endorse charitable and phil- or associations dependent upon general solicitations for support. (B) To encourage the formation of private social wel- fare organizations to mect needs not already provided for and to foster all worthy philanthropic enterprises. (c) To investigate misstatements , deceptions and frauds in connection with charitable solicitations and to recom- mend appropriate action thereon. (D) To supervise in such manner as the Council may determine all employment bureaus , day nurseries and other social service functions established by the City. ARTICLE XVI Library Board Sec. 16-1. The Library Board shall have the power: (A) To control and manage the Public Library System of the City. (B) To expend for library purposes all moneys in the Library Fund , which fund is hereby created. (C) To make and enforce rules and regulations neces- sary for the administration , government and protection of the Library System and all property thereof. (D) To purchase necessary books , journals , publica- tions and other personal property. (E) To borrow books from , rent books to and exchange the same with other libraries , and to extend library privi- lcges to nonresidents upon such conditions as the Board may prescribe. Sec. 16-2. On or before the second Monday in May of each year , the Library Board shall submit to the Council an itemized budget of the amount of money necessary for the administration of the Library System of the City during the next ensuing fiscal year. To the extent of seven cents on each one hundred dollars of assessed valuation , theCouncil shall , and as to any excess thereover set forth such estimate the Council may, include in the next succeed- ing tax levy and apportion to the Library Fund as received moneys for the purposes set forth in such budget. Sec. 16-3. All fines and other money arising out of the administration of the Public Library System of the City or gifts or trusts therefor shall be deposited in the Library Fund. ARTICLE XVII Finance and Taxation Sec. 17-1. The fiscal year of the City shall commence on the first day of July of each year and shall end on the next succeeding thirtieth day of June. Sec. 17-2. On or before the second Monday in May of each year , each Board or oIJcer having supervision or con- trol of the expenditure of City funds , and every offcer or Board so directed by the City Manager shall transmit to the City Manager detailed estimates of income and ex- penditure for the ensuing fiscal year. Sec. 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 ex- penditures of the City and all Departments thereof for the ensuing fiscal year. Sec. 17-4. At any time after the first day of Septemberand not later than the third Tuesday in September of each year, the Council shaH adopt a budget and fix the rate of City taxes to be levied and collected upon the property assessed for taxation within the limits of the City, on the basis of the valuation thereof as shown by the assessment roll in the offce of the City Assessor. Such rate after allowing three per cent of the assessed valuation for delinquencies , must yield suffcient revenue for the finan- cial 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 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 indebtedness , and to pay for street and sewer work, maintenance and improvement of puhlic parks, squares and grounds , salaries of employees of the Fire Department and the moneys apportioned to the Board of Education pursuant to Section U-, shall not exceed the rate of one dollar for each one hundred dollars ' assessed valuation. Sec. 17-6. The Council shall fix the tax rate by designat- ing the number of cents levied on each one hundred dollars of assessed valuation of taxable property, specifying the portion of the whole which shall belong to any particular fund of the City, and designating also the portion thereof appropriated for each special purpose or for the bonded indebtedness of the City. If the Council shall fail to fix the tax rate within the time prescribed , the rate for the next preceding fiscal year shall thereupon be automatically adopted. Sec. 17-7. Unless otherwise provided by ordinance , the levy and collection of City taxes shall be pursuant to gen- eral law for the levy and collection of State and County taxes , and to that end all duties required by general law to be performed by County offcers shall be performed by the City offcers performing similar duties. Every tax levied pursuant to law shall be a personal obligation of the person to whom the property or the tax is assessed. Every tax shall be and constitute a lien on the property assessed and, as to taxes on personal 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 prop- erty 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 per- sonal 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 lieu has not been otherwise removed , the lien ceases to exist and the tax is conclusively presumed to be paid. Sec. 17-8. All moneys received by any offcer or em- ployee of the City in his offcial capacity or belonging to the City, and all moneys directed by general law or by this charter to be paid or deposited in the City Treasury shall be paid into the Treasury daily by the offcer or employee receiving the same. Sec. 17-9. All charges , fees , commissions and percent- ages collected or received by any offcer or 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; pro- vided, 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 regis- tration of birth and death certificates. Sec. 17-10. The Mayor, Auditor and City Manager shall together, count the money in the City Treasury at least once in every three months and ascertain the amount of money on hand and make a written report thereof to the Council within five days thereafter showing whether the money in the City Treasury corresponds to the amount shown by the fiscal record of the City. Sec. 17-11. A Police Secret Fund in such amount as the Council may from time to time appropriate is hereby estab- lished under the sole control of the City Manager. It shall be withdrawable by him without reference to the auditing provisions of this charter. Such fund shall be expended by the City Manager and the Chief of Police under the direction of the City Manager for investigation and police work of a secret character and for no other purpose. Semi. annually and at such other times as the Council may re- quire, the City Manager shall file with the Council his affdavit 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 Fund, the unex- pended balance of which shall at no time exceed five hun- dred 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 Manag r and the Auditor , but not otherwise ap- propnated , audIted , allowed or approved. Said offcers shall take receipts for all money expended out of such fund and at least quarterly shall file with the Council a detailed statement of such expenditures. Sec. 17.13. The Council may provide for the establish- ment of a permanent revolving fund , to be known as the Cash Basis Fund , suffcient to place the business of the City upon a cash basis. ARTICLE XVII Franchises Sec. 18-1. Franchises may be granted for the use of any pub Ii? utility of the streets , public places or property of the CIty upon such terms , conditions , restrictions and limi- tations as may be prescribed by ordinance , but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred; nor for a Ion O'er period than twenty years unless there be reserved to City the right to take over at any time the portion of such utilty located within the City without compensation for the value of the franchise granted. ARTICLE XIX Municipal Elections Sec. 19-1. Municipal Elections held in the City of Ala- meda shall be classified as of two kinds: (A) General Municipal Elections; (B) Special Municipal Elections. . Sec. 19.2. A General Municipal Election shall be held bI-annually on the second Tuesday in March of each odd numbered year. The first General Municipal Election after the adoption of this charter shall be held on Tuesday, March 14 , 1939. All other municipal elections shall be Special Municipal Elections. A Special Municipal Elec- tion may be called by ordinance or by resolution of the Council. Sec. 19-3. The provisions of the Elections Code and the Constitution of the State of California relating to the qualifications 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 members of the Council , the provisions and pro- cedure provided in the Elections Code and the general law of the State of California , now in effect and as hereafter amended or codified , for elections in chartered cities and municipalities generally, and in all respects not so pro- vided , then the present and future provisions of said code 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. For the purpose of this article , all seats or positions on the Council shall be considered as a single offce for which as many persons are to be selected as there are full and un- expired terms to be filled. No election , either general or special , shall be set aside for any error , irregularity or defect in the proceedingsleading up to said election or in said election when theprovisions of law governing the same are substantiallycomplied with and where a fair expression of the wil of the electorate is secured. person shall become a candidate for an of the City unless he shall have been nom-in this article. Every candidate for shall be nominated by written petition signed thirty nor more than fifty qualified electors Such Nominating Petition may consist of one provided that each such section shall con- accurate copy of the text of the petition. shall add to his signature his place of resi- street and number when such designation of the signers of each petition , or of each if such petition be in sections , shall make the statements therein are true , and that each affxed in his presence and is the signature whose name purports to be thereto sub- Nominating Petition shall state the address the offce for which he is nominated , and by the written acceptance of the named. No more than one candidate mayone In case an elector has signed for the same oIJice , allexcept one appearing on the petition shall be rejected; provided , however , that persons are to be elected to the same election , an elector may sign the Nomi- of as many persons as there are offcers to offce. Signatures on Nominating Peti- withdrawn. Nominating Petition must be filed with than sixty days nor later than Municipal Election. On the City Clerk must file the shall examine and determine whether it conforms to the requirements of this charter and from the current affdavits of registration on file in the offce of the County Clerk of the County of Alameda shall ascertain and determine whether said petition is properly signed by the requisite number of qualified electors , and within five days from such filing he must attach to said petition his certificate showing the result of his examina. tion. If the petition be found insuffcient , such certificate shall designate the defects therein , and such petition may then be amended or supplemented by the filing, not less than thirty days before such General Municipal Election of an amended or supplemental petition , and the City Clerk shall , within five days from the filing thereof , make like examination of the same and attach his certificate thereto. Sec. 19-6. Any person named in a Nominating Petition filed as herein provided may, not later than twenty-five days before the ensuing General Municipal Election , cause his name to be withdrawn from nomination by filing with the City Clerk a statement of withdrawal acknowledged before a notary public. The names of candidates who have withdrawn , or who have died , twenty-five days or more before said election , shall not be printed upon the ballot nor entered in the list of candidates. If by reason of such withdrawal or death , the number of candidates re- maining does not exceed the number of offcers to be elected to an offce , then other nominations may be made for such offce by presenting petitions therefor not later than twenty- one days prior to such election , but no amendment or sup- plement to any such petition shall be allowed. Sec. 19-7. Not later than twenty-one days before the ensuing election each candidate must file with the City Clerk a verified statement of his name , the offce for which he is a candidate , his residence , place of birth , occupation for the past five years , public offces he has held , whether he is a taxpayer of the City and whether he has ever been convicted of a felony or misdemeanor involving moral turpitude. He may give in such statement , in not to exceed one hundred fifty words , such other information regarding his experience and qualifications as might enable the elec- tors to determine his fitness for offce. Such statement shall also contain the names of not lcss than twenty residents of this City, and no others , who have signed his Nominating Petition. Any material misstatement of facts in such state- ment shall disqualify the candidate from holding any City offce. Each candidate must also deliver at his own cost, to the City Clerk , printed copies of such statement equal to the number of qualified electors of the City. Each copy shall be printed on a single sheet of white paper four inches wide by nine inches long, and shall have printed thereon a true photograph of such candidate taken within two years prior thereto. The City Clerk shall mail one of such copies to each qualified elector with the sample ballot. The City Clerk shall not place on the ballot the name of any candidate who has failed to file and furnish copies of the statement required by this section. Sec. 19-8. After the closing of nominations the City Clerk shall list the names of the candidates who have been nominated as herein provided , and who have complied with the preceding section , together with the offces to be filled , and not later than twenty days before the day of election shall ccrtify such list as being the list of candi- dates nominated as reauired by the charter of the City and file the same in his offce. Sec. 19-9. At least ten days before a General 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 the election , the offces to be filled and the names of the candidates and of the proposi. tions , if any, to be voted on as the same shall appear on the ballot. The City Clerk shall cause said proclamation to be published twice in the Offcial Newspaper, and the last publication thereof shall be at least five days before the date of election. No further or other notice of such elec- tion need be given. Sec. 19-10. The Council shall , by ordinance or resolu- tion passed or adopted not later than twenty days before an election , establish election precincts , designate the poll. ing places therefor and name the offcers of election for each precinct; provided that when two or more municipal elections are consolidated by the Council it shall not be necessary to set forth the precincts , polling places and offcers of election in more than one of such ordinances or resolutions. Sec. 19-11. The Council shall canvass the election re- turns and declare the result of any municipal election at its first regular meeting, following the election , or at a special meeting held within ten days after such election unless such election has been consolidated and the can- vassing of returns delegated pursuant to general law. Sec. 19-12. In case there is but one person to be elected to an offce , the candidate receiving the highest number of votes cast for that offce shall be declared elected. In case there are two or more persons to be elected to the same offce, then those candidates , equal in number to the number to be elected , who receive the highest number of votes cast for such offce, shall be declared elected. Where full and one or more unexpired terms to the same offce are to be filled , the candidates , equal ill number to the number of offcers to be elected for the full term , who receive the highest number of votes cast for such offce , shall be de- clared elected for the full term; and the candidate who receives , or the candidates equal in number to the number of offcers to be elected for unexpired terms who receive the next highest number of votes , shall be declared elected for the unexpired term or terms. If unexpired terms be of different duration , the candidate who receives the highest number of votes shall be declared elected for the longer term. Sec. 19-13. In case of a tie vote , the City Council shall forthwith summon the candidates who have received such tie votes to appear before the Council at a time and place to be designated , and the Council shall , at such time and place, determine the tie by lot. Such summons shall , in very case , be mailed to the address of the candidate as it pears in his Nominating Petition , or delivered to him personally, at least five days before the date fixed for the determination of such tie votes. Sec. 19-14. At least ten days before any Special Munici- pal Election , the Mayor must issue under his hand , and the City Clerk must attest , an election proclamation con- taining a statement of the time of such election and of the propositions to be voted on as the same shall appear on the ballot. Such proclamation shall be published as re- quired for General Municipal Elections and no further or other notice need be given. Sec. 19-15. No person shall be entitled to vote at any City election unless he shall be registered as a voter in the offce of the County Clerk of Alameda County and unless he would have been entitled 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 connection with the certification of any petition provided by law shall be the books of current affdavits of registration kept in the offce 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 pro- vided 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 pre- cincts. In the ordinance or resolution establishing, chang- ing or consolidating precincts the boundaries thereof may be defined by reference to exterior descriptions or delinea- tions on precinct maps or both , or by reference to orders or resolutions of the Board of Supervisors of the County of Alameda last theretofore establishing precincts within the City for holding general State and County elections. Un- less 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 elections. 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 offcers for such State or County election. At all municipal elections the election offcers for each precinct board shall consist of one inspector , OIle judge and two clerks , except that the Council may determine that one inspector , one judge and one clerk is suffcient. ARTICLE XX Recall Sec. 20-1. The holder of any elective offce of this City may be recalled from offce at any time by the qualified electors thereof , provided he has held his offce for at least six months. The provisions of this article are intended to apply to offcials now in offce, as well as to those hereafter elected. Sec. 20-2. Recall proceedings shall be instituted by fil- ing with the City Clerk a notice of intention to circulate a petition for recall. Such notice shall be signed and duly acknowledged by three or more qualified electors of the City, and shall state the name of , and the offce held by, the person whose recall is sought , the residence address of every person signing the same , and shall further contain a general statement , not exceeding three hundred words in lengt, 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 insuffciency in the form or substance thereof shall in nowise affect the validity of such recall proceedings. Upon receipt and filing of said notice , the City Clerk must endorse thereon the date of such filing. Sec. 20-3. Within five days from the date of filing of the notice of intention provided for in the next preceding sec. tion , a true copy of said notice shall be served on the offcer whose recall is sought personally, or may be mailed in the City to him by registered mail addressed to such offcer at his last known place of residence in the City. If made by mail , service shall be deemed complete at the time of the deposit in the post offce. Proof of service shall be made by affdavit of the person making such service. Said affdavit shall state the date, place and manner of service , and shall be filed with the City Clerk within ten days from the date of filing said notice. petition shall also contain a copy of the original ce of intention filed with the City Clerk , and shall er contain a copy of the answer , if any, filed as pro- d in the next preceding section. If said offcer has not an answer within the time specified herein , then said etition shall so stale. Such petition shall be signed by qualified electors of the City equal in number to at least thirty per centum (30 % ) of the total number of persons voting at the General Municipal Election next preceding the filing of such petition. A petition for recall may consist of several separate sections , and each such section may consist of several sheets of paper attached together; provided , however , that each such separate section shall contain a full and accu- ate copy of the title and text of the petition. Sec. 20-6. Each signer of a recall petition shall add , at . e of signing, and immediately opposite or following Ignature , his residence address and the date of such ng. Such residence address shall include the street number , if either exists and if no street or number ts then such designation of the place of residence as enable the location to be readily ascertained. It shall ot be necessary to include in such address words designat- g the City if the petition recites that the signers are resi- nts of the City of Alameda. Signatures , addresses and tes must be written in longhand and in ink or indelible encil. The common ly accepted abbreviations designating . dence address and the date shall be suffcient. A ed woman must sign her own given name or her initials. Sec. 20-7. There shall be attached to every petition , or ch separate section thereof if the same be in sections Sec. 20-4. Within ten days after the date of filing of the notice of intention , the offcer whose recall is sought may file with the City Clerk a duly acknowledged answer setting forth in not exceeding three hundred words , such offcers reply to the general statement contained in the notice of intention , or any other justification of his course in offce. 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 certificd 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 offcer of the City shall be addressed to the Council of the City of Alameda and shall state the name of , and the offce held by, the person whose recall from such offce is sought. an affdavit made by the person who circulated such peti. tion or section , giving the residence address of the affant, stating that all signatures appearing on such petition or section were made in affant s presence , and that the resi- dence address , and the date appearing opposite or follow- ing 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 sig- nature is the genuine signature of the person whose name purports to be thereunto subscribed. Sec. 20-8. A recall petition shall not be circulated for the purpose of obtaining signatures thereto until the ex- piration of the time limit for the filing of an answer, as specified in Section 20-4. Signatures affxed to such peti- tion prior to such time shall not be counted. Sec. 20-9. The signer of a recall petition may revoke his signature at any time within forty-five days from the date of filing the notice of intention referred to in Section 20- by filing with the City Clerk a revocation in writing, signed by such signer and verified by an offcer competent to ad. minister 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. 20-10. Separate sections of any recall petition may be filed in the offce of the City Clerk from time to time as completed, provided that all sections comprising such petition must be filed with the City Clerk not later than forty-five days after the date of filing of the notice of in- tention provided for in Section 20-2. Thereafter all such sections shall together 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 pre- eding section, the City Clerk must examine such petition nd from the records of registration ascertain and deter- ine whether or not said petition is signed by the requisite umber of qualified electors , and must forthwith filc in his ffce and attach to such petition his certificate showing e result of such examination. Sec. 20-12. If by the Clerk's certificate , the petition is n to be insuffcient the same may be supplemented by with the City Clerk within fifteen days from the date ch certificate supplemental petitions duplicates of the nal petition except as to the signatures. ithin ten days from the expiration of the time limit Hied in this section for the filing of supplemental tions the City Clerk must make like examination of the plemental petition as of the original petition and must in his offce his final certificate showing the result of h examination. Sec. 20-13. The following general provisions shall veIn: (A) The City Clerk shall endorse the date of filing on original or supplemental petition and on each sepa- section thereof , if the same be in sections , and on re- of the person or persons offering same for filing shall e a receipt showing the number of sections filed. (B) If a person has signed such petition more than once ly the valid signature first affxed shall he counted. (c) A person whose signature" has been rejected on the . ginal petitio may sign again on the supplemental tition. (D) No revocation of any signature appearing on a sup- plemental petition shall be permitted. (E) The Clerk shall determine what number of qualified electors have signed a recall petition from the affdavits of registration on file in the offce 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 a the date of signing such petition. (F) The certificate of the Clerk required in the two sec- tions next preceding must be dated as of the day of filing same. Such certificate , whether of the original or suppl mental petition , must state the total number of signatur affxed on such petition , the number of signatures revoke the number of signatures rejected , the number of vali signatures thereon , and the number of persons who vote at the next preceding General Municipal Election. The certificate attached to a supplemental petition i addition to the required data concerning such supple mental petition , must also contain the corresponding dat relating to the original petition , as the same appears 0 the certificate attached thereto , and must state the aggre gate number of valid signatures appearing on the original and supplemental petition together. ( G) At the time of his certification the City Clerk als must attach to such petition , and to each separate sectio if the same be in sections , a statement in tabulated for and signed by him , showing the name of each person who signature on such section was revoked or rejected and th reason or reasons for each sueh rejection. On request 0 any person whose signature appears on the notice of in- tention , or of the person or persons who filed the petition the City Clerk must deliver to any such person a copy of all such statements , by him certified to be a true copy of the original , together with a certified copy of his certificate. revocations , petitions, supplemental petitions , statements , notices and all other documents in this article shall be public documents and ublic inspection as soon as filed. 14. If the Clerk's certificate shall show that all alid signatures on said petition , including those con- . he supplemental petition , are stil insuffcient , no tion shall be taken thereon , but the petition and rtificate shall remain on file as a public record. e to secure suffcient signatures on such petition without prejudice to the institution of new pro- for recall and the filing of an entirely new peti- e same effect. Sec. 20-15. The City Clerk is hereby empowered to em- loy such persons as may be necessary to assist him in mination of any such petition. Each such person paid by the City for such services a sum not to five dollars pef day as determined by the City Clerk. ec. 20-16. If the petition , either as originally filed or emented, shall be found to be suffcient , the Clcrk mit the same to the Council together with his thereto attached , at the next regular meeting of cil occurring after the date of his certificate of iency. The Council must forthwith cause a unicipal Election to be held within not less than nor more than forty-five days after the date of ch election , to determine whether the electors I such offcer , and for the purpose of electing a r. Should a General Municipal Election OCCUf not sixty days nor less than thirty-five days from f the receipt of the petition by the Council from er and the date of callng the election , the Council may, in its discretion , submit such recall at such General Municipal Election. Sec. 20-17. One petition is suffcient to propose the recall of one or more elective offcials , and one election is com-petent for the recall and election of one or more electiv offcers. Sec. 20.18. Nomination of candidates for any offce to b filled at such recall election shall be made by petition i the manner prescribed by this charter for the nominatio of candidates for public offce at General Municip Elections. Sec. 20-19. There shall be printed on the recall ballo as to every offcer whose recall is to be voted on thereat, thfollowing question: "Shall (name of person against who the recall petition is filed) be recalled from the offce 0(title of the offce) ?"; following which question shall the words "Yes " and "" on separate lines with a blan space at the right of each , in which the voter shall indicat by stamping a cross (X) his vote for or against such recall On such ballots , under each such question , there shall als be printed the names of those persons who have bee nominated as candidates to succeed the person recalled , icase he shall be recalled from offce by said recall electio but no vote shall be counted for any candidate for sai offce unless tbe voter also voted on said question of th recall of the person sought to be recalled from said offceThc name of the person against whom the petition is file shall not appear on the ballot as a candidate for the offce Sec. 20-20. The City Clerk shall cause to be printed an mailed to each elector of the City at least ten days prior t any recall election , a sample of the ballot to be used a such election. ee. 20-21. If a majority of those voting on the question II of any offcer from offce shall vote "No," saidntinue in said offce. If a majority shall vote r shall thereupon be deemed removed . The Council shall canvass the returns of n and declare the result in like manner as in a nicipal Election. If the vote at any such rccall recall the offcer , then the candidate who has . hest number of votes for the offce shall be for the remainder of the term. In case the receIved the highest number of votes shall fail ithin ten days aftcr receiving the certificate of , the offce shall be deemed vacant. . 3. In the event that any offcer should resign edings for his recall are pending, but before s for his recall have beell filed with the City e City Council shall fill the vacancy caused ation by appointment. erson so appointed to fill such vacancy shall serve ird Tuesday in April following the next Gen- ipaI Election; provided , however, that if a. cipaI Election be called as hereinafter pro- h appointee shall hold offce only until theect at such Special Municipal Election shall twithstanding such resignation , and within the time ons 20-10 and 20-, the proponents of the dent petitions for the recall , then the Coun- cil , upon receipt of the petition accompanied by the Clerk' certificate , as provided in Section 20-, must forthwith call a Special Municipal Election to elect a successor for the unexpired term of the offcer thus resigned , which elec- tion shall be held not less than thirty-five days nor more than forty-five days after the calling of such election. In the event that the offcer whose recall is sought should resign his offce , or a vacancy occur in said offce, after a petition for his recall is filed , the election shall neverthe less proceed if already called as provided in Section 20-16. In such contingency the vote on the question of recall shall not be counted , but the election shall serve for the purpose of electing a successor. If at the time such resignation or vacancy occurs the recall ejection has not been called , the Council must nevertheless forthwith call a Special Munici- pal Election to elect a succqssor to the offce thus left vacant, who shall serve for the balance of the unexpired term , and which election shall be held not less than thirty- five days nor more than forty-five days after the callng of such election. Sec. 20-24. All Special Municipal Elections for recall or to fill any vacancy created by recall or by resignation pending recall proceedings shall be conducted , as near as may be, as in this charter provided for General Municipal Elections. Sec. 20-25. No person who has been recalled or who has resigned from offce while recall proceedings wer pending against him shall be appointed to or become a candidate for any City offce within one year after such resignation or recall. Sec. 20-26. The performance of the acts required by thi article to be performed by the City Clerk , the Council , 0 r offcer , is hereby declared to be mandatory on rs. The failure of any such offcer to perform . acts within the time herein specified shall not l' terminate such proceedings but the time for mance of any subsequent act shall be extended eriod equal to the period of delay. 20-27. This article shall be liberally construed toot e objects thereof, and no error , omission or ir- not affecting the substantial rights of any citizen offcial shall ever be held to invalidate any pro- gs taken under this article where the requirements IS article have been substantially complied with. ARTICLE XXI Initiative and Referendum 21-1. The Initiative and Referendum may be exer- by the qualified electors of the City in the manner lded by general law. ARTICLE XXII Miscellaneous c. 22.1. No offcer or employee of the City shall: Become financially interested , except by testatc or te succession , either directly or indirectly, in any t or sale, purchase , lease or transfer of real or per- y to hich the Cit y is a party, or be employed serVIce corporatIOn regulated by or holdingthe City. No offcer or employee shall be financially interested by the ownership of per cent of the outstanding capital stock of a (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 with- holding information. A wilful violation of any of the foregoing provisions shall constitute misconduct. Sec. 22-2. Any contract or sale , purchase , lease or trans- fer of real or personal property to which the City is a party and in which any offcer or employee of the City is finan- cially interested , directly or indirectly, 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 approve allow or pay any demand on the Treasury, knowing tha 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 miscon- duct in offce shall forfeit his offce or position of employ-ment. No person who shall have been convicted of a felony or misconduct in offce shall ever hold any offce or position of employment in the service of the City. Sec. 22-5. All books , files and records of the City and of all boards and offcers thereof shall be open to public inspection during usual business hours , unlcss secrecy of the contents of such books , files 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 , an ditional sum of twenty-five cents for each certi- ec. 22.7. Traveling expenses shall not exceed actual transportation , plus a reasonable per diem allow- , the latter to be fixed annually by the Council uni- ly for all offcers and employees. Traveling expenses t for routine duties , shall bc allowed only if author- y the Council. 22-8. All public offces , except where otherwise pro- by law, shall be open for business every day, except ays, from 9:00 A.M. to 5 :00 P., subject to the power e Council to increase such hours for the necessary modation of the public. 22-9. The compensation of elective of!cers of the shall not be increased or decreased during their re- terms of offce. This section shall not prohibit the or decrease of compensation of assistants or 10. The Council and all Boards of the City shall ower to accept gifts and trust and control , manage se of and otherwise administer the same in accord- ith the terms thereof. ec. 22.11. All real property acquired by the City shall eld in the name of "City of Alameda. ARTICLE XXIII Schedule s charter shall take effect on July 1937. ordinances , resolutions and orders this charter takes effect shall so remain in full force and effect unless contrary to the provisions hereof, subject to repeal and amendment. Sec. 23-3. All offcers and employees of the City at the time this charter takes effect shall continue in offce for the remainder of their respective terms (if fixed) or until re- moved as herein provided (if for an indefinite term), sub- ject to all the provisions of this charter. Sec. 23-4. All members of the Board of Public Utilities Commissioners elected in the year 1934 for four-year termsshall hold offce until June 30 , 1939 , and all members ofsaid Board elected in the year 1936 shall hold offce unti June 30 , 1941. Of the vacancies occurring June 30 , 1939one shall be succeeded to by the City Manager, one shallbe filled by appointment for a term of four years and one by appointment for a term of one year , and the vacanciesoccurring June 30 , 1941 , shall be filled , one by appoint- ment for a term of four years , and one by appointment for a term of one year. Upon taking effect of this charter , the City Manageshall become ex. offcio a member of the Public Utiliti Board with full participating and voting power. Sec. 23-5. The Boards and members thereof named i the first column following shall be deemed to be the suc cessors to the Boards and members thereof named in th second column following. All incumbents and members 0 Boards in the second column at the time this charter take effect shall immediately assume and continue to hold th successor offce for the remainder of their unexpired terms Board of Education , successors to Board of Education. Library Board , successor to Board of Library Trustees. Public Utilities Board , successor to Board of Publi Utilities Commissioners. adoption of this charter shall not affect ished by law and now existing in the City. ARTICLE XXIV Off-Street Vehicular Parking ITIONS. The following terms when- ed to in this Article , or in any resolution e the following meanings , respectively, eaning appears from the context. e term "bonds " or "revenue bonds . dence of any obligation issued by the ch is secured by a pledge of rcvcnues ues , as provided in this Article , in funds with which to carry out any of the icle, irrespective of the form of such FF-STREET PARKING FACILI- isting off-street parking facilities y off-street vehicular parking faciJi- owned by the City and operated or at the time of adoption of a resolu- heretofore designated by the City as ion of issue and not acquired, con- , improved , extended, maintained or r in part , from the proceeds of sale he term "project " means anyone or ular parking facilities referred to in esignated by the City as a project in a (D) REVENUES. The term "revenues" means and in- cludes any and all rates , fees and other charges r ceive or receivable in connection with , and any and allmcome and receipts of whatever kind and character derived by the City from , the operation of a project , or arising from a project , including any such revenues as may have been or may be impounded or deposited in any- fund created for the security or further protection of revenue bon s o for the purpose of providing for the payment of the pnncI- pal thereof or the interest thereon. The term 'revenues also includes net revenues from on-street parkmg meter within the City now owned or controlled or hereafter ac- quired or controlled by the City and net revenues of any existing off-street parking facilities to the extent that the same shall be pledged or otherwise made available for the payment of operation and maintenance costs of any pro- ject or as security or further protection for bonds by a resolution of issue. s any agreement entered into by the Coun- resolution adopted by the Council , pur- venue bonds are issued; and includes entered into or resolution adopted by the ing, modifying or supplementing a resolu- respective of the form thereof. NERAL. The City, in addition to all other ere enumerated in this Charter or granted to . tion or laws of the State of California r to acquire (whether by purchase , lease ain , or otherwise), construct, establish , im- aintain , operate , administer , lease and sub- vehicular parking facilities and places including any and all public parking lots automotive parking facilities , in order to ngestion and promote the welfare of the abitants of the City, and , for the payment , to issue bonds payable from the rev- ch off-street vehicular parking facilities m 0 er revenues , all as hereinafter provided in (E) NET REVENUES. The term "net revenues " when used with reference to on-street parking meters within the City means and includes seventy-five per cent (75%) of the gross revenues collected by the City during any fiscal year from the establishment and operation of such on- street parking meters. The erm "net revenue " whe fl with reference to any existmg off-street parkmg facIhtIe means and includes the gross revenues collected by th City during any fiscal year from the establishment an operation of such existing off-street parking facilities afte deducting therefrom the actual necessary expenses 0 maintaining and operating such facilities , calculated 0 sound accounting principles , but without any allowanc for depreciation or obsolescence. (F) RESOLUTION OF ISSUE. The term RANT OF POWER. Without limiting the tion 24-, the Council of the City for ses of this Article shall have the powers ection , as follows: ION AND DISPOSITION OF PROP- acquire , by grant, purchase, gift , devise , lease or cise of right of eminent domain , and to hold blease or dispose of any real or personal . terest in any thereof , including rights- l' appropriate for the full exercise , or 1 for the carrying on , of any of its t to this Article; (B) ACQUISITIONS FOR PROJECT INGRESS AND GRESS. To acquire , by any of the means specified in the foregoing clause (A), any lands , property or rights-of- way necessary or convcnicnt for the opening, widening, straightening and extending of streets or alleys necessary or convenient for ingress to or egress from any project; (c) IMPROVEMENTS. To improve any lands so ac- quired by the construction thereon of garages or other buildings or improvements necessary or convenient for any project; (D) CONTROL OF PROJECT. To construct , establish improve, extend , maintain , operate, administer, lease and sublease any project; (E) RATES , FEES AND CHARGES. To fix rates , fees or charges for the use of the facilities provided by any project , or for any services rendered in connection there- with , and to alter , change or modify the same at its pleas- ure , subject to any contractual obligation which may be entered into by the City with respect to the fixing of such rates, fees or charges; and , by a resolution of issue or otherwise , to enter into covenants to increase rates , fees or charges from time to time; provided , however , that any person shall be permitted to use or operate any facilities provided by any project only upon payment of the regu- larly established charge therefor, except as may be other- wi",e specifically provided in a resolution of issue. All rates , fees and charges shall be paid only in such coin or currency as on the date of payment is legal tender for public and private debts , or in scrip or tokens issued only upon payment of the face value thereof in such coins or currency; (F) ISSUANCE OF REVENUE BONDS. At any time and from time to time to issue revenue bonds in order to raise fu s for the purpose of e tablishing any project or of aC Ulrmg land any p;oJect or of acquiring, con- structmg, completmg, ImprOVIng, extending maintainingoperatinp or administering any project, or f refinancin J; proJect , or for any combinati ?n of such purposes whIch bonds may be secured as hereInafter provided; (G) CONTRACTS AND LEASES. To make contracts ases , subl ases and . agreements relative to the acquisi- tIOn , operat on or .mamtenance of any project or any part of y proJec! .w.1th a y person or public corporation pol tIcal . subdIvIsIOn , CIty, county, district , the State of CalIfornIa , or the United States of America , or any de-partme t 0 : agency of any thereof, subject to any contract- ual oblIgatIOn whIch may be entered into by the City with respect to the issuance of bonds; (H) LEASES OF SPACE FOR COMMERCIAL PUR- ES. T . lea se for co ercial purposes space in any project whIch In the opmIOn of the Council is not and wil not uring the term of such lease be required for off-street vehIcular parking facilities , provided that the aggre- gat of all such space so leased at anyone time in any project shall not excee twenty per cent (20%) of the surface area of such project and that the term of any such lease shall not exceed a period of five (5) years from its date; (I) RUL S AND REGULATIONS. To adopt such rules nd regulat ons as may be necessary regarding the opera- tIon an mamtenance of any project and to enable the City o exerCIse th powers and perform the duties conferred or Imposed by thIs Article; and (J) MISCELLANEOUS. To do any and all acts orthmgnecesary or appropriate to carry out the purposes of thIs ArtIcle and the provisions, covenants and agree- ments contained in any resolution of issue adopted pur- suant to the authority conferred by this Article; provided that nothing in this Section or elsewhere in this Article contained shall be construed directly or by implication to be in any way in derogation or in limitation of any powers conferred upon or existing in the City by virtue of the pro- visions of the Constitution or laws of the State of Cali- fornia or any other provision of this Charter. Sec. 24-',. PLEDGE OF NET PARKING METER REV- ENUES. In addition to all other powers elsewhere enum- erated in this Article , the Council shall have power to pledge, place a charge upon , or otherwise make available and authorize payment of all or any part of the net reve- nues collected by the City from the establishment and operation of (A) on-street parking meters within the City now owned or controlled or hereafter acquired or con- trolled by the City and (B) existing off-street parking facilities , for such periods of years as shall be determined by the Council , for the payment of operation and main- tenance costs of anyone or more projects authorized by this Article .or as security or further protectio for the payment of principal of and interest on bonds issued pur- suant to this Article. Sec. 24-5. ISSUES OF BONDS; SERIES AND DIVI- SIONS. The Council may provide for one or several issues of bonds and may issue bonds in series , or may divide any issue into one or more series or divisions and fix different maturities or dates for each series or division , different rates of interest , or different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character , have the same security, or be of the same in!erest rate , but the terms thereof shall in each case be p:ovIded for y the Council by a resolution of issue at the tIme of or prIor to the issue thereof. Sec.. 24-6. AUTHORIZATION OF REVENUE BONDS. Each ssue of revenue bonds shall be authorized by the CouncIl by a resolution of issue adopted by affrmative votes f at least four-fifths (4/5ths) of the members of the CouncIl at a duly assembled meeting. Resolutions of issue shall provId or he aggregate principal amount , date or dates , maturItIes , mterest rates , denominations and form and may provide for the registration , transfer and i nter change, of . any evenue bonds and coupons issued pur- suant to thIS Art cle; nd shall prescribe the purpose or purposes for whIch saId bonds are to be issued and the terms nd conditions on which said bonds are to be exe- cuted , Issued, se red , sold and paid , and , if desired , the terms and condItIOns on which said bonds may be re- deemed prior to maturity or refunded. Sec 24-7. PROVISIONS RELATING TO BONDS The following provi ?ions shall govern and apply to (1 ) all revenue bon?s Issue d pursuant to this Article and (2) each r solutlOn of Issue relating to the bonds thereb authorIzed: \A) DATE OF BONDS. Bonds shall bear dates pre- scnbed by the resolution of issue. (B) MATU UTY. Bonds may be serial bonds or sinking fund bond wIth .such maturities as shall be provided in !he resolutIOn of Issue. No bond by its terms shall mature In more than forty (40) years from its own date and in the. event a uthorized issue is divided into two or more serIes 0 : dIVISI ; the maximum maturity date of each such serIes or dIvIsIOn shall be calcu lated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or division of any authorized issue. ( c) INTEREST. Bonds shall bear interest at a rate of not to exceed six (6) per cent per annum , payable an- nually or semi-annually, or in part annually and in part semi-annually. (D) COUPON OR REGISTERED BONDS. Bonds may be issued as coupon bonds or as registered bonds. A reso- lution of issue may provide for the interchange of coupon bonds for registered bonds and registered bonds for cou- pon bonds , and may provide that the bonds shall be regis- tered as to principal only, or as to both principal and interest, or otherwise as the resolution of issue shall prescribe. (E) REDEMPTION. Bonds may be callable upon such terms and conditions and upon such notice as the resolu- tion of issue shall prescribe and upon payment of such premium (not exceeding six per cent (6%) of the par value of such bonds) as may be fixed in the resolution of issue. No bond shall be subject to call or redemption prior to its fixed maturity date , unless the right to exercise such call is expressly stated on the face of the bond. (F) SOURCE OF PAYMENT. All revenue bonds shall be payable exclusively from revenues. (G) REFERENCE ON BONDS TO RESOLUTION OF ISSUE. Reference on the face of a revenue bond to the resolution of issue by its date of adoption is suffcient to incorporate all of the provisions thereof and of this Article into the body of said revenue bond and its appur- tenant coupons. Each taker and subsequent holder of a revenue bond or coupons , whcther such coupons are at- tached to or detached from said revenue bond , shall have recourse to all of the provisions of the resolution of issue and of this Article and shall be bound thereby. (H) RECITAL IN BONDS. All revenue bonds shall n a recital on t eir face that neither the payment of prmclpal of nor of mterest on such bonds constitutes a debt , liability or obligation of the City except as providedin this Article. . (I) PLACE . AND MANNER OF PAYMENT. The prin- cIpal of and mterest on bonds may be paid at anyone or more places within or without the State of California and in any specified coin or currency of the United States of America , as may be provided in the resolution of issue. (J) EXECUTION AND AUTHENTICATION OF BONDS ; VALIDITY OF SIGNATURES AND COUN- TERSIGNATURES. Bonds may be executed in the name and on behalf of the City and under its seal and authenti- ted by the manual , lithographed or printed facsimile sIgnature f any offcer or offcers of the City and may also be authen~ICated by a trustee or fiscal agent appointed by the CouncIl , and the seal of the City may be affxed to the bonds by printed , lithographed or other reproduction thereof, all as may be provided in the resolution of issue. If any of the offcers whose signatures or countersignatures appear on the bonds cease to be offcers before the delivery of the bonds or coup?ns to the purchasers thereof, their sIgnatures or countersIgnatures shall nevertheless be valid and of the same force and effect as if such offcers had remained in offce until the delivery of the bonds and coupons. (K) ISSl!ANCE OF TEMPORARY BONDS. Pending the actual Issuance or delivery of definitive bonds the Council may issue temporary or interim bonds , certifi ates or receipts of any denominations whatsoever, and with or without coupons, and with such provisio as the Council shall determine , to be exchanged for definitive bonds when ready for delivery. In the absence of an express recital on its face that a temporary bond or interim receipt is non- negotiable , such bond or interim receipt is a negotiable instrument. (L) REPLACEMENT OF LOST , DESTROYED , MUTI- LATED OR STOLEN BONDS. Lost , destroyed , mutilated or stolen bonds or coupons may be replaced as provided in the resolution of issue. (M) SECURITY. All revenue bonds shall be secu:ed by an exclusive pledge and charge upon all or a portIOn of (A) the gross revenues of the project for the acquisition construction and completion of which said bonds are issued or authorized to be issued , (B) revenues from on- street parking meters, and (c) revenues of any existing off-street parking facilities , all as provided for in the reso- lution of issue. Gross revenues of a project include im- provements and extensions of such project later con- structed or acquired. The pledged portion of the gross revenues of the project and all pledged on-street parking meter revenues and pledged revenues of existing off-street parking facilities and all interest earned on all pledged revenues shall constitute a trust fund for the security and payment of the principal of and interest on the bon so long as any bonds or interest thereon are unpaId saId revenues and interest shall not be used for any other pur- pose; provided , however , that a resolution of issue may provide that if the principal of and interest on the bonds and all charges to protect and secure them are paid when due , amounts for the maintenance and operation costs of the project and any and all other costs and expenses relative to the project or to the bonds and amounts for any ot er lawful purpose or purposes of the City may be apportIOned from saId revenues and interest but only to the extent specified in the resolution of issue. (N) BONDS OF SAME ISSUE TO BE EQUALLY SE- CURED. Bonds of the same issue shall be equally secured by a pledge and charge upon revenues , without priority for . number, date of bonds , of sale , of execution , or of dehvery; except that if the Council authorizes the issuances of bonds of different series it may provide that the bonds of ny eries shall , to the extent and in the manner pre- cn?ed. m the :esoh tion of issue , be subordinated and be JUnIor II standmg wIth respect to the payment of principal and interest and the security thereof to such other bonds as may be specified in the resolution of issue. (0) EFUNDING BONDS. The Council may provide for the Issuance , sale or exchange of refunding bonds for the purpos of redeeming,. retiri?g or refunding any reve- :ue bonds ssue? under thIs ArtIcle , subject to any limita- tIOns contaIled II the resolution of issue pursuant to which suc revenu bonds are issued. All provisions of this ArtIcle apphcable to the issuance of revenue bonds shall be applicable to the refunding bonds and to the issuance ale or hange thereof. Refunding bonds may be issued II a prIlclpal amount suffcient to provide funds for the p'ayment of all bonds to be refunded thereby, and , in addi- tlO \for the paYI?ent of all expenses incident to the calling, ;etlTng or paymg of such outstanding bonds and the Issuance of such refunding bonds. Such expenses may in- clude the difference in amount between the par value of the refunding bonds and any amount less than par for which the refu ~ding bonds are sold , any amount necessary to be made avaIlable for the payment of intercst upon such refunding bonds from the date of sale thereof to the date of payment of the bonds to be refun?ed , or o the date upon which the bonds to be refunded wIll be paId pursuant to call thereof or agreement with the holders thereof , and also the premium , if any, nec ssary to be paid in o call and retire the outstandmg bonds and the Interest accruing thereon to the date of call or retirement. (p ) VALIDITY OF BONDS NOT AFFECTED BY AC- TIONS OF CITY RELATIVE TO PROJECT. The validity of the authorization and issuance of any revenue bonds by the Council shall not be dependent on or affected in any way by: (i) Proceedings taken by the City for the acquisition, construction , or completion of any project or any part thereof; (ii) Any contracts made in connection with the acquisi- tion , construction or completion of any project; or (iii) The failure to complete any project for which bonds are authorized to be issued. Sec. 24-8. SALE OF BONDS. Before selling any bonds the Council shall give notice inviting sealed bids in such manner as the Council may prescribe. If satisfactory bids are received , the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received or if the Council determines that the bids rcceived are not satisfactory the Council may reject all bids received, if any, and either readvertise or sell the bonds at private sale. The Council may sell bonds at a price below the par or face value thereof , providing that the maximum net inter- est cost (computed on a 360-day year basis) on bonds sold below par or face value shall not exceed an average of six per cent (6%) per annum , payable semi-annually, to the respective maturity dates of said bonds. Sec. 24-9. PAYMENT OF INCIDENTAL EXPENSES AND INTEREST AND CREATION OF FUNDS FROM CEEDS OF S LE OF BONDS. All costs andcxpcnscs Inc dental . to he Issuance and sale of bonds , including (wIthout hmItmg the generality of the foregoing) the cost of preparation of t e bonds and coupons , the cost of all surv , of prepa :atIO of plans a nd specifications , of all archItectural , engmcenng, mspectIOn , legal , financial and econ mic consultant , trustee s and fiscal agent s fees, the cre tlOn of a bond reser ve fund , t e creation of a working capital fund , and b ? mterest estImated to accrue during the peno of acqUIsItIOn or construction of a project and for a perIod of not to exceed six (6) months thereafter all as provided for in the resolution of issue , may be paid out of the proc:eeds of sale of the bonds. Sec. 24-10. PROVISIONS RELATING TO RESOLU- TIONS OF ISSUE. The following provisions shall govern and apply to each resolution of issue adopted by the Council : \A) C NSTRUCTION FUND; INVESTMENT. A reso- lutIOn of Issue may provide that the proceeds of sale of all :evenue bonds authorized thereby shall either be deposited II a fund separate and apart from all other funds of the City or paid direct .to any bank or trust company desig- nated y the Councll as the fiscal agent of the City, and that sa d proceeds shall be held by the City or such fiscal agent In a separate account to be designated the "Con- struction. I:und" an be disbursed in the manner and upon condItIOns provIded II the resolution of issue for the object and purpose of . the acquisition , construdion and completIOn of the roJ ect therein designated , including the payment of all incIdental expenses and interest and the creation of funds as provided for in Section 24-9 of this Article. Moneys in any construction fund may be in- vested as the Council in its sole discretion shall determine subject only to such limitations . as may . be provided in !h resolution of issue. A resolutIOn of Issue may provIde that any moneys in a construction fund remaining unex- pended after said object and purpose shall have been completed shall be applied to the payment of the princi- moneys shall be transferred to any other fund of the Ci!y pal of and interest on said bonds , and th at n ne of saId or used for any purpose other than as specIfied m the reso- lution of issue. (B) CONTINUOUS OPERATION OF PROJECT; RE- PAIRS , RENEWALS AND REPLACEMENTS. A resolu- tion of issue may provide that , so long as any bonds thereby authorized shall be outstanding, the City shall operate the project designated in the rcsolution of issue conti :lUously and in an effcient and economical manner and m good working order and condition and shall make all necessary repairs , improvements and replacements. (c) RATES , FEES AND OTHER CHARGES. A reso- lution of issue may provide that the Council wil prescribe revise and collect rates, fees and charges (i) for use of the facilities provided by the project acquired, constructed or completed from the proceeds of sale of the bonds issued pursuant to such resolution of issue, (ii) for any services rendered in connection with such project , and (iii) for use of anyon-street parking meters and existing off-street park- ing facilities any revenues from which are pledged to secure to bonds. A resolution of issue may provide that such rates , fees and charges shall at all times be suffcient to yield revenues from the project and net revenues from such on-street parking meters and existing ofT-street park- ing facilities equal to all redemption payments and interest charges on said bonds as the same fall due , together with such additional sums as may be required for any sinking fund , reserve fund or other special fund provided for the security or further protection of said bonds , or as a de- preciation charge or other charge in connection with such project. A resolution of issue may provide that such rates, fees and charges shall not be reduced below an amount suffcient to provide funds to meet all obligations specified in the resolution of issue. (D) HOLDING AND APPLICATION OF REVENUES. A resolution of issue may require the City to hold or cause to be held in trust the revenues pledged to the payment of the principal of and interest on the bonds issued pursuant to said resolution of issue , or to any reserve or other fund created for the security or further protection of the bonds and to apply such revenues or cause them to be applied only as provided in the resolution of issue. (E) PRESERVATION AND PROTECTION OF SE- CURITY OF BONDS. A resolution of issue may require the City to preserve and protect the security of the bonds issued thereunder and the rights of the holders thereof and to warrant and defend such rights. A resolution of issue may require the City to pay and discharge or cause to be paid and d all lawful claims for labor , materials and sup hes or other charges which, if unpaid , might be- cOJ?e a hen o charge upon revenues , or which might im- paIr the secunty of any bonds issued for the acquisition construction or completion of any project. A resolution of issue may limit , restrict or prohibit, except upon such terms and co itions as may be provided therein , any right power or pnvIlege of the City to mortgage or otherwise encum ber, or to sell , lease or dispose of a project or to enter mto any lease or agreement which impairs or im- pedes the operation of a project or of any pa t thereof necessary to provide adequate revenues , or whIch other- wise impairs or impedes the rights of the holders of the bonds with respect to such revenues. (F) PROCEEDS OF PROJECT TAKEN BY EMI ENT DOMAIN. A resolution of issue may provide that If any part of a project shall be taken by eminent domain or ot proceeding authorized by law , the proceeds to the CIty therefrom shall be applied to the replacement of such project or to the payment an? reti ement of the bon issued pursuant to such resolutIOn of Issue , or as otherwIse set forth in said resolution of issue. (G) INSURANCE. A resolution of issue may sp ecify or limit the kinds and amounts of insurance to be mamtamed by the City on a project , or any part thereof (including insurance of any project against loss of revenues from any cause whatsoever , against public liability or property damage and against loss by fire or any other hazard , as may be provided in any resolution ?f issue) , and may pro- vide for the payment of the premmms thereon , and may specify the use and disposition of proceeds of any such insurance thereafter collccted. (II) BOOKS , RECORDS AND ACCOUNTS. A resolu- tion of issue may provide: (i) that the City wil keep accurate books and record account showing all revenues received from the operatIOn of any project and all expenditures thereof, and all reve- nues from on-street parking meters and existing off-street parking facilties pledged or . otherwise made a :vailable as security or as further protectIOn for the bonds Issued pur- suant to said resolution of issue; (ii) that all such books and records shall be open at all times during business hours to the inspection of the holders of one or more of the bonds or of any specified percentage of such holders or their duly authorized respresentatives; (iii) that annual or other periodic statements of the condition of such project and of all of said other revenues wil be furnished to the holders of the bonds; (iv) that summaries of all such statements wil be pub- lished at least annually in the offcial newspaper of the City; and (v) that the books and records of the City pertaining to the operation of any project and to all of said other revenues shall be audited by independent public account- ants in such manner and under such circumstances as may be set forth in said resolution of issue. (1) TRUSTEE; FISCAL AGENTS; PAYING AGENTS. A resolution of issue may designate a bank or trust com- pany, qualified to do business in the State of California as a trustee or fiscal agent for the City and holders of bonds issued under said resolution of issue , and may authorize any such trustee to act on behalf of the holders of the bonds or any stated percentage thereof , and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders. A resolution of issue may authorize the City to designate any bank or trust company in any city in which any bonds are made payable as the City s paying agent in such city. A resolution of issue may fix and determine the conditions upon which any trustee , fiscal agent or paying agent shall receive , hold or disburse any or all revenues deposited with it by or by authority of the City. A resolu- tion of issue may prescribe the duties and powers , if any, of any such trustee, fiscal agent or paying agent with re- spect to the issuance , authentication , sale and delivery of the bonds , the payment of the principal th reo d inter thereon , the redemption thereof , the registratIOn and dIs- charge from registration of bonds and the management of any funds provided for in the resolution of issue as security for the bonds. (J) COMPETITIVE PROJECT? A resolution o f issue may contain a covenant that th City. shall n , whIle any revenue bonds authorized by thIs ArtIcle are Issued or out- standing, acquire , construct , complete . or ::aintain wit?i the City or permit any person to mamtam on any . CIty. owned property within the City any off-street veh cular parking facilities or places , exceptmg. those ther m de- scribed , which compete in any way wIth any roJect . which are similar to any off-street vehicular parkmg facIh- ties or places maintained or operated by the ity t rough the issuance of revenue bonds pursuant to thIS ArtIcle. A resolution of issue may except from the covenant auth ized to be made by this section any and all off-tre t vehIc- ular parking facilities then or thereafter mamtamed by the City. (K) LIMITATION ON ADDITI L INDE TED- NESS. A resolution of issue may hmit or restnct the incurring of additional indebtedness p ayable in whole or in part from the revenues charged Ith p yment of the bonds issued pursuant to such resolutIOn of Issue. (L) EVENTS OF DEFAULT. A resolution of issue designate the rights , limitations, powers and dutIes aI upon breach by the City of any of the covenants , co dItlOns or obligations therein contain , and may 'provide the terms and conditions upon whIch all bonds Issued there- under may be declared or become due and payable prior to maturity and the terms and conditions up n which sllch declaration and its consequences may be waIved. (M) AMENDMENT OR MODIFICATION OF RESO- LUTION OF ISSUE. A resolution of issue may prescribe a procedure by which its terms and conditions may be subsequently amended or modified with the consent of the City and the vote or written assent of the holders of a specified principal amount or proportion of the bonds issued and outstanding, including provision for meetings with bondholders and the manner in which the consents of the bondholders may be given. A resolution of issue may set forth a specific statement of the effect of each such amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining thereto. A resolution of issue may contain a provision that bonds held by the City or by the State of California or any public corporation , political subdivision , city, county, district or any agency of any thereof, shall not be counted as outstanding bonds or be entitled to vote or consent, but shall nevertheless be subject , to any such amendment or modification. (N) USE OF SURPLUS. After all of the revenue bonds issued pursuant to a resolution of issue shall have been fully paid or discharged , or provision for their payment and discharge irrevocably made , any surplus moneys in any construction fund or other fund provided for the se- curity or further protection of the bonds shall , subject to the limitations and restrictions in said resolution of issue become and be the property of the City and be used by the City for any lawful purpose. (0) ADDITIONAL COVENANTS AND AGREE- MENTS. A resolution of issue may provide for such other acts and matters and may include any and all such addi- tional covenants and agreements on the part of the City as the Council shall deem necessary or advisable. Sec. 24,-11. RIGHTS OF BONDHOLDERS. Except as provided otherwise in any resolution of issue , the holder of any bond issued pursuant to this Article may by mandamus or other appropriate proceedings require and compel the performance of any of the duties imposed upon the City or any ofl'tcial or employee of the City or assumed by any thereof in connection with the acquisitio , construction, completio , operatio , maintenance , repair , reconstruc- tion or insurance of any project, or the collection , deposit investment , application and disbursement of rates , fees and charges derived from the operation and use of any project and all other revenues , or in connection with the deposit investment or disbursement of the proceeds received from the sale of the bonds under this Article. The enumeration of such rights and remedies does not , however , exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds issued pursuant to this Article. Sec. 24,-12. ARTICLE CONFERS COMPLETE AU- THORITY; PROVISIONS OF ARTICLE ALTERNA- TIVE. The provisions of this Article constitute full and complete authority for the issuance of revenue bonds as herein provided by the Council and no other procedure or proceedings , consents , approvals , orders or permissi from any municipal offcer or board of the City shall be required for the acquisition , construction or completio of any project , or the issuance of any revenue bonds under this Article , except as specifically provided in this Article. The powers and authorities conferred by this Article are in addition to and supplemental to all other powers and authorities conferred upon the City. The method provided in this Article for the acquisition , construction and com- pletion of projects and the issuance of revenue bonds shall e deemed an ad itional method for acquiring, construct- mg and comp!etmg such projects and providing funds therefor; provIded that the City may in its discretion ac- qui ! properties for off-street vehicular parking f;cili- tIes and Issue general obligation bonds of the City therefor sub)ect , however , to the condition that the City shall not: hrle any revenue bonds authorized by this Article are Issued and out tandin . a cquire, construct or complete any off-st eet I:arkmg fa IlItIes : other than those specifically descnbed II a resolutIOn of Issue pursuant to the provisions of paragraph (J) of Section 24,-10 of this Article which compete with any project operated or maintained through the Issuance of revenue bonds by the Council. Sec. 24-13. REVENUE BONDS EXCLUDED FROM BONDED INDEBTEDNESS OF CITY. Revenue bonds issued under this Article shall not be taken into considera- tion in determining the bonded indebtedness which the it;: is .authoriz d to incur and shall be excluded from any lImItatIOn provIde by this Charter or by law on the amount of bonded mdebtedness of the City. (Amended by Vote of People March 8 , 1955. INDEX ACCOUNTANT See Certified Public Accountant Auditor as .m...m........m... ............. m... Section Page ADVERTISING Bids, Callng Bulletin in lieu Offcial Newspaper, Council to designate.. Publication of Ordinances......m... .................. Public Utilities Board. ........ mm. .................... 12-2 (B) ASSESSOR Auditor as ex-offcio.m..... ................ m...m.: 2- Duties, Auditor to 4- AUDITOR Accountant for CitY.m ......m........ ......... ..m..... 4. Accounts, keeping ..m.m......m """" ''''''''''''''' 4- Bookkeeping system .......m """""""""""" "''' 4. Certificate to CounciL. .............................. .. 4. Certificate to Treasurer.... ................ .... 5- Contracts, endorsement ......m. """"""""" "''' 4. Counting money in treasurY... ............... .....m 17- Custody of books.m...........m m............m..m...... 4. Demands, payment mm. ...... .m.......m...""""" 4- Deputies and employecs.......m... ......."''''''' '' 4. Duties ....m...m......mm ... .....m ...... ...m.........."" 4- Elected .m ................................ m...-- ......... .m 2- Emergency Revolving Fund..........m.............. 17- Ex-officio Assessor .....--..m...................mm.. 2- Salary .......m --....................... ..m..............m... 2. Vacancy, deputy to fiIL... ....... ......m .m.......... 2- \Varrants , payment 4. BIDS BOARDS-(ConlinuedJ Section Offcers, selection _u..m._._m"""''''''''''-,-'._mm'- 10- Powers , may be conferred by CounciL.._mm 3- Public Utilities Board , membership.....m..... 10- Public Utilties Board , powers and duties.._. 12- Removal of members. .._ _mm......m.....m.m_.m. 10. Rules , establishin gmmm.m.._.._._....mm.....mm.. 10-1 J Social Service Board , membership.m--...u.... 10. Social Service Board , powers and duties...... 15.Successor boards 23.Vacancy, appointment 10. Page Section Page Expenditures over $l OOO........m..._u........... 3- Misleading bidders m.uoom..moooo --u..""----" 22-1 (c) Offcial Newspaper ...ummoo..--....._......m...._--' 3- Resident, preference ..u --. .m.. ...... ...m...mu 3- Rcvcnue Bonds ......._.m 'U'--"'---"""""""'.'.' 24. BOARD OF EDUCATION See Boards Appointments .......-..... .... ........--...........-...... 10- Budget ..._m----.m.....m. --..... mm._------..mm--.m-- 11- Established .m--mm_--m....m..m.....m.m .m--m..._. 10. General law applicablem.__m.mm.m._..m.m._-- 11- Powers and duties.m....-m..-m.-..-m--.--m.-...m..-- 11- Tax levy for School Fund.-m-u m..u mm.--_m_. 11- Terms of olnce--.--.m.....m.....m.........--..-.....mm 10- BONDS Certified Public Accountant to examine...--- 3-7 (c) City Attorney to approve.... _........... ..----_........ 8- Council to fix.--_..........-..... --.. m....._........-........ 3.7 (E) Issuance of Revenue....m..._......._..m.... --.. .......... 24-3 (F) Offcial , failure to file..--.....u..-...........--....m. 2-Premiums paid by 3-7 (E) Provisions relating to 24- 7 (A.P) Revenue excluded from Bonded Indebtedness of CitY.............--....--m......mm.- 2,1.. Unauthorized payments , liability OIL.--..m-- 22. BOARDS Action , vote requiredm..---_....m..--..m.. --.--.... .. 10. Board of Education . membership.--...m m.... 10. Board of Education , powers and duties....... 11- Budget, submitting ..-.-. --.......... m.....""'------ 17. City Attorney legal advisor....m......m......... 8- City Manager Purchasing Agent fOL--m...-.-- 7-2 (D) City Planning Board , membership......--.--... 10. City Planning Board , powcrs and duties..... 14- Civil Service Board , membership......_m....... 10- Civil Service Board , powers and duties..---.... 13. Compensation for positions undeL---...........- 10. Compensation for 10.Councilmen as 3. Establishment .. ---.... ._......--m--m_...----"'''' 10- Gifts, power to accepL-m.m-....m..---......"--' 22- Library Board , membership.. --......._--.. .__.. 10. Library Board , powers and duties. -..----. ----.-. 16- Members, must be electors._...-m...... ......... -.. 10- Members , qualifications .--..--m.."'--"-"'--"'---- 10- Members, as offcers of CitY.....m............... 2- Oaths , power to administer.--mm._--.m__.._.-.m.- 2- BOUNDARIES OF CITY...._.. BUDGET See Finance and Taxation CERTIFIED PUBLIC ACCOUNTANT Compensation ",,'--..moo,,'mm........... Duties ___m..._.mm.m........ -- Power to administer oat ----'--..------------. Public Utilities Board reports.. 7 (c) 7 (c) J2.4 (n) --. u." CHIEF OF FIRE DEPARTMENT See Fire Department Appointment and RemovaL .--- 2- Section CHARTER, Effective Date................._................. 23- CHIEF OF POLICE See Police Department Appointment and ReI?ovaL................... .... Legal process, executIon......... ...................... CITY ATTORNEY Appointment and RemovaL..._.................._. 2- ;gs ~~~~~~~~ i::::::::::::::::::::::::::::::::::::::::::: Deputies and employees........_............ .... ... 8. Deputv to fill vacancy........... ............ ......... 2. ~~~~~~~ Eii ::::::::::::::::::::::::::::::::::::: Ordinances , drafting . ........ .......................... 8. Qualifications .......................-.-................... 8' Special legal counseL................................. 8- CITY CLERK Appointment and RemovaL....-.._....... ..... ... 2- Compensation ........ ..................................... . 2. Custody of contracts, etc................................ 9-1 (c) Deputies and employees........ .............. ...... 9.1 (E) Deputy to fill vacancy... ......._................... .. 2- Duties ... ............................................ .... 9- Oaths , administering .. ................. .............. 9-1 (D) Ordinances, attesting......................... ...... ...... 3- Records of City, keeping.. ..................... ..... 9-1 (c) Secretary of City Planning Board......... ..... .. 9-1 (F) CITY ENGINEER Appointment and RemovaL.... ................... Duties, qualifications........................... ........... Employees discipline -.................-............. Street Sup rintendent, consolidation ........ 3 7- 7-0 Page CITY MANAGER Section Absence or disability oL........................... 3-7 (H) Appointment .............-....-....-.................. 2- Boards, investigating proceedings.................. 7-2 (M) Budget , preparation .................-.............-.. 7-2 (L) Budget , submitting .........-......................... 17- Chief Administrative Offcer...................... 7- Chief of Fire Department , appointment.. .... 2- Chief of Police , appointment..................... 2. City Engineer, appointment......._................ 2- City Physician , appointment............_......... 2- Contracts , enforcement ............................. 7-2 (H) Council meetings. attendance........_.............- 7-2 (E) Counting money in treasury....................... 17- Emergency Revolving Fund...................... 17- Employees, appeal on discipline................. 7- Employees, rules foL........................-.......... 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 (r) Health Offcer, appointment........................... 2- Influencing or interfering with................. 7- Offcers and employees , supervision................ 7-2 (c) Parks , supervision ................................... 7-2 (r) Police Department , appointments in............. 7-2 (K) Police Secret Fund....................................... 17- Policies , recommending to CounciL.. ...... _.... 7-2 (F) Powers and duties............................._....... 7- Public property, supervision......................... 7-2 (r) Public Utilities Board, member_............._.._. 10-3, 23- Purchasing Agent .....-............-.......-.......... 7-2 (D) Qualifications "'''''''''-'''-'''''''''-''''''''-''''''''' 7- Removal ......................................-......-......... 2- Salary """-""""""""''''''''........-......'''''''''''''''' 2- Social Service Board , member................... 10. Street Superintendent, appointment............. 2-3, 7- Technical advisory experts._......................._. 7-2 (J) Page 20, CITY PHYSICIAN Section Appointment and RemovaL....m..... .. .. ...m " 2. Dnties , qualifications... ........................ ...... 7. Employees, discipline ... ............ ................. 7. Health Offcer , consolidation... .... ................ 7. CITY PLANNING BOARD See BoardsAppointments 10.City Clerk as 9.1 (F) Established ............................................... 10- Membership, terms ..................................... 10. Powers and dnties. ................. ................ 14. CIVIL SERVICE BOARD See Boards eals to ...m m._.m'''.'13 3 Appointme ::::::::::::::::::::::::::::....................... Civil Service System , administering. ...... ...... 13. Established ............. ....................... .......... 10. i'o :..~~~~ :::::::::::::::::::::::::::::::::::::::::: i CIVIL SERVICE SYSTEM Administration ....... ..................... ............. 13. Council to adopt.... ........................... .... 13. CLAIMS Presentation and Allowance.. ........... ............ 4. CONTRACTS Auditor to endorse...... ...................... ......'" 4. City Attorney to approve............................ 8. Custody, City Clerk... ............... ................. 9.1 (c) Enforcement by City Manager..... .......... ..... 7.2 (II)Financial of employees.... ,......... ..... 22.Letting, on 3. Public Utilties Board , purchases............... 12.1 (c) Public Utilties Board , construction.... ...... . 12.3 (B) Written, when required.... ......................... .. 3. Page COUNCIL. Section Action . how taken......................................... 3. Action , vote required..................................... 3. Bids , awarding contract............................... 3. Boards , appointments .................................. 10. Boards , removal of members.......... ...... .......... 10. ~~~~~::::::::::::::::::::::::::. ::::::::::::::::: 1 tl (E) Bulletin in lieu of advertising....................... 3. Cash Basis Fund...................................... 17. City Attorney, appointment....................... 2. City Clerk , appointmenL............................ 2. City Manager , appointment.......................... 2. qty Manager, appointment.... ..... ................. 2. CIty Manager , to attend meetings............. 7.2 (E) Civil Service System..................................... 13. Compensation of Conncilmen...................... 2. Councilmen , number ......................... ... .... 2. Demands, allowance "'."''''.''''''.''.''''..''''00. 4. ~~~~~~~~ T::::::::::::::::::::::::::::: : r Emergency ordinances "".."'''.'..''..'..00......00.... 3. Emergency Revolving Fund.................n.. 17. Employment. establishing positions oL....... 3.(G) Franchises . granting 00"'.."'''''.....00..0000..00....... 18. Gifts , power to accept.............................. 22. Initiative and Referendum.............m....... 3. Investigations by City ManageL...... ....... .n... 7.(G)Leasing for more one yeaL................... 3. Library Fund , 16. Mayor , appointment ..00.'."'''''...''.''''''''.'...''' 2. Mayor , pro tem.......................................... 6. ~~~ :ac ::.:::::.:::::.::::.:::::.::.:::.::.:::::. (B) Meetings, Mayor to preside......................... 6. Motions, action by 00"'."'...........""'''.'''''''''''' 3- Offces. establishing .................................. 3.(G) Offcial Newspaper, designating................... 3. Ordinances, passage..................................... 3. Orga ization "."'..."'0000."'''.'...''.'''''''''''..''''.' 3.7 (A) PensIOn System , establishing................... 3.7 (I) Page Section ___ _._m - 1711 24-3 (A-J) COUNCIL-ICo linued1 police Secret Fund-- ----------------------- Powers Powers granted re Revenue powers and duties, conferring on Boards and officers- ..-- n-- -----.. -- 3- Public Utilities Board , appointments-.....__._-- 10- Public Utilities Board, borrowing_m-n m_-_.._" 12.3 (E) Removal of appointcd offcers.. - _--....._ "'-- 2. Resolutions, action 3.Salaries and Wages, 3.7 (G) Social Serviec Board , appointments--.._n ...- 10- Speeial legal eounseL---.--- ----n ..-m- -..----'''--- ---- 8. Special Meetings ___.n n__n n.n__m-_n ...n..-..-_n 3.7 (B) Tax Rate, failure to fix-.n .._m.. -.. -__.___n 17. Tax Rate, fixing ____-_.m ..-.--..--__ ___m-__m ---__.n ..- i ~~~ Tax Rate , fixingm -m.. ----------------..--- - 17.17. Traveling expenses , fixing-----m -----.------" ---' 22. Vacancies, how filled_---..n---...- ..-.-----..--... .-- 2. Vacations, providing fOl'--n--..___m ...--__ __..m _.. " 3.7 (D) COUNCILMEN Absence creating vacancY-- --------'---'------" --- 3- Attendance, compellng ---- ____--____ n.-__.. 3- City Manager. influencingn--m_--_ --_ m_-- 7- Special meetings , callng-- -----------.---- n---------'- 3.7 (B) Vacancy, how filled_m.----- ---- m---.-m--.-----' 2. COURTS , Unaffected by Charter.- --.. -- 23. DAY NURSERIES, Supervisioll_ ---- ___--_ --- 15.1 (D) DEMANDS, Prescntation and Allowancem--n--_nn 4. elECTIONSCandidates 19. ~~~~ :' returns :::::::::::::::::::::::::::::::::::::::::: i Death of candidate---n-.--nm --.------..--m-.mn-.---' 19. Page ElECTlONS-IConlinued1 Sedion General law applicable__---..-.... ----..---..- - 19. General , when held _m___m m.._mm_-__m -_m_..m.. 19. Kinds .m..--m_m__--____m_mn_mn---m.._m-__m..nn.. 19- Nominating petitions _mn---___m_m__nm--__m--- 19- Nominating petitions, filing___ ---- mm------.-m -- 19- Onieers of electioIL----m--n-m---------m---.." 19- Polling places , designatingm---m_nm_---_m_----_. 19- Precinets , eonsolidating _--'_mn-.--_.--__m_m__nn 19. Precincts , establishing _n mm_m__mm-'__m"" 19. Proclamation m --m__m__..m_mm-..m_mm_------ 19. Proclamation __.._m_.._m__m--_m_..m-_- --_.._--_ mm 19. Recall , see Recall Registration , necessity of ..-- ______ m.._..m_m_'__m 19. Special , callng _.m_.__-____mm___..m..-__m m__." 19- Statement of candidatem-..m--_m--_m_--_..m ---- 19. Tie vote - _.. ..--__m_n--m_----..----______m__mm__m__._m 19. Withdrawal from nomination_--_mm_-------.---_.- 19. EMPLOYEES Civil Service System..--._....--.....-....---..---m---. 13. Continuing in offce......---m....-m-.----..-m.--m.- 23- Discipline, appeal m____m__.......mn_m--_.m..n.... 7. Felony, forfeiting employment-mm--_._---_m_m 22. Financial interest .---_____.m._."'-""""'--"'-''''''- 22-1 (A)Misconduct 22.Pension system 3.7 (r) ~~~~~~ ::::::::::::::::::::::::::::::::::::::::::::::::: 2 (D) Unauthorized payments...-----...-_m.._--_m_-_m.. 22- EMPLOYMENT BUREAUS, Supervision--__..m_-------- 15.1 (D) FINANCE AND TAXATION Auditor, charge of finanees.....-m-.--.-m--n-... 4. Budget, Board of Education-m_m.. -----..---- ----- 11. Budget, City Manager to submit------n_-----_m- 17. Budget, Council to adopt------m---m--m- ------- --- 17. Page FINANCE AND TAXATION-IContinued) Section Cash Basis Fund...... ............. ....................... 17. Counting Money in Treasury...................... 17- Dollar Limit . ............................................. . 17. Emergency Revolving Fund....m.............""" 17. Estimates of department............................ 17. Fees of Offcers............................................ 17. iscal yeaL............ .................................. .... 17- General Fund , transfers by Public Utilities Board ...................................... 12- General law applicable.. ......... .................... 17. Police Secret Fund...................................... 17. School Fund , levy for.. .... ........................... 11. Tax rate, Council to fix.............................. 17.17- Tax rate, failure to fix................................... 17. Treasury, depositing funds in...................... 17. FIRE DEPARTMENT Appointments in , City Manager.................... 7.2 (K) Chief , appointment. removaL........................ 2. Discipline of members by ChieL................. 7. Discipline of members by City Manager....... 7.2 (c) Dismissal , appeal...................................... 13. Emergency, Mayor to command................ 6. FISCAL YEAR ........................................ .......... 17- FRANCHISES Conditions .................... ..--...... .......--........ 18. Granting, by ordinance.................................. 3.Terms 18. Violations Manager to report............ 7.2 (H) GENERAL FUND Transfers to , Public Utilties Boardm......... 12- GENERAL LAW when applicable........................... 1-2 (E) GOLF COURSE City Manager to supervise............................2 (I) Page HEALTH DEPARTMENT Section mployees, discipline oL.. ...--............. ......... 7. ealth Offcer , appointment....................... 7. HEALTH OFFICER Appointment and RemovaL... .................... .. City Physician , Consolidation.....m...... ......::.. :ri ~~~~:::::::::::::::::::::::::::::::::::::::::::: 29, INITIATIVE General law applicable...-... 21. Submission by CounciL............................ 3. LEASES iustody, City Clerk..............................--.. bft: rft1lit ~~~~................................. d.................................... 1 (c) 12-2 (c) LIBRARY BOARD See Boards :;:;::- ! 1 rary und created...................... ... 16.1 (B) bra bY s tem , controL............... :... ::::::::: 16.1 (A) ::re i:t ::'''''.::::::::':::'''''. . l (E) h:; :::::::::::::::::::::::::::::::::::::::::'::::::::::::::: itl (D) U es an regulatIons.................................. 16.1 (c) Page MAYOR Section Absence Vice.President to acL.................... 6. E:: ~~~~~~~~~~~ ::::::::::::::::::::::::::::::::::::::::: 1 Council meetings , presiding..... ................. . 6. Counting money in treasury..................... 17. Election Proclamation. ............ ........_......... 19. Funds for use oL.. ................... ................. 6. OffiCial head of City.............. ................. .... 6. Proclamation , government by.......... ........ ...... 6. Public Utilities Board, nominations............ 10. Removal........... ................................... .. 2. Social Service Board , nominations............ 10. Special Election , Proclamation.................... 19. Special meetings, callng........................... 3-7 (B) Vacancy, how filled................................. 6. MUNICIPAL AFFAIRS, Power over....................... OATH OF OFFICE Council to prescribe...................................... 3.7 (F) Failure to take ......................................... 2. Filng with Clerk...... .................. ................. 3.7 (F) OATHS City Clerk to administer........................... Who may administer....................... ......... 1 (D) OFFICERS Absent from City........................................... Appointed by City Manager...................... Appointed by CounciL............................. Assessor, Auditor ex-offcio... ....................... Auditor , electivfL.. .................................... Bonds .................................... ..............''' 7 (E) Page OFFICERS-IContinuedl Section Bonds, failure to file..................................... 2. Budget, submitting .................................. 17. Chief of Fire Department, appointment....... 2- Chief of Police , appointment..................... 2.3 7.City Attorney, appointment ....................... 2. City Clerk , appointment......................... 2. City Engineer, appointmenL...................... 2. City Manager, appointment........................ 2. City Physician , appointment........-............. 2.3 7.Compensation ................................................. 2. Compensation , increase and decrease........... 22. Continuing in offce '''''''''''''''''''''''''''''''''''' 23. Councilmen , elected ""'''''''''..................... 2. Deputies as "'''''' ''''''''''''''''''''''''''''''''''''''' , 2. Elective , term """"''''''''''.......................... 2. Elective , who are...................................... 2. Fees , properly of 17.Felony, forfeiting 22. Financial interest """''''''''''''''''''''''''''''''''''''' 22.1 (A)Fire Chief , appointment """'''''''''''''''''''''' 2. Health Offcer, appointment....................... 2. Ineligibility............................................- 2. tic ~~~~ :::::::::::::::::::::::::::::::::::::::: 2Oath of Offce , failure to take....................... 2. Oath of Offce , filing.................................. 3.7 (F)Oaths, power to administer....................... 2. Pension System fOL.................................. 3.7 (I)Recall , see Recall Recalled , holding offce.............................. 20. ~~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: Street Superintendent, appointment.......... 2. Tax Collector, Treasurer ex.offcio............... 2. Traveling expenses ................................... 22.Treasurer, elective '........................................ 2. Unauthorized payments , liability for.......... 22. Vacancies , how filled................................... 2. _..:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :I2 (D) Page 2 17 , 2 OFFICES Section Business hours m .....''''''''''''''''''''''' ''' 22. Deputy to fill vacancy... .......................... .. 2. Recalled offcer not to hold... ......._.... ... 20- Vacancy, election of succeSSOL.. ......... .. 2. Vaeancy, fillng.... ...................... .. 2. When vacanL. ............-"'''''''''''''''''''''''' '' 2. OFFICIAL NEWSPAPER See Advertising Council to designate.. ................----_...... .... 3. OFF-STREET VEHICULAR PARKING Aeeounts, Books and Reeords........ ........... ..... 24.10 (H) Authorization of Revenue Bonds each issue . ...................................... .......... 24- Bids, inviting for Sale of Bonds........ ......... .. 24. Bonds, provisions relating to. .... .................... 24.7 (A'P) Couneil , powers granted to.. ................... ... 24.3 (A-J) Council , complete authority. ................... . 24. Definitions ...... .................................... ....... 24. Funds, creating from proceeds of Sale of Bonds.. ................",,,,,,,,,,,,,,,,,,,, ,, 24. Insurance, kinds specified. ................ ..... 24.10 (G) Issue of Bonds..... ......................................... .. 24. Pledge of Net Parking Meter Revenues..... 24. Powers granted to CouneiL..... .............._ _.. 24-3 (A'J) Rates . Fees anq Other Charges for use of faeilities. ...............--.....- ... 24.10 (c) Resolution of Issue of Revenue Bonds , provisions .. ..................... .... 24-10 (A' Revenues, Holding and Applying. ......... .. 24.10 (D) Rights of Bondholders... .................... ...... 24- Sale of Bonds, inviting sealed bids..... ....... .. 24- Seeurity of Bonds , proteetion oL................. 24-10 (E) Trustee, Fiseal Agents, Paying Agents, designating .... ......................... .. 24-10 (r) Page ORDINANCES Section Action of Council by Amen?ment ........... :::::::::::::::::::::::::::::::::::"'" testmg by City Clerk................... ...... "'" 3. CIty Attorney to draft............ . .... 83 ~~~~~~~:::::::::::::::::::::::::::::::.:::::::::::::::::::: : i :cement , City Manager...::::::::::::::::::::::: 7:2 (n) ~~~;:;;~~~ : J!J mIttmg to eleetorate ............................. 3. en neeessary -""''''''''''''''''''''''''''''''''''''' 3. PARKING See Off.Street Vehicular Parking PARKS City Manager to supervise..........--....--...... 7-2 (r) PENSION SYSTEM Council to establish........................................ 3.7 (r) POLICE DEPARTMENT Appointme ts in , City Manager.................. 7.2 (re) !, ppomtment, removaL...--............... 2. ne of members by ChieL............... 7. seIplme of members by City Manager.... 7.2 (c) ~~~~~~~~~~ d:::::::::::::"""''' 1 PolIee Seeret Fund.............................::::::::: 17. POWERS Conferring by Council ~~~~~~ 2 (D) Page PUBLIC PROPERTY Section City Manager to supervise...... ..................... 2 (I) PUBLIC UTILITIES BOARD See Boards Advertising .. ............................... ............ 12.2 (B) ~~~~~~~~~ Y:::::::::::::::::::::::::::::::::::::::::::::: ig:(E) Budget, adopting .. ............................... ........ 12.(D) City Manager as Member........ ................ .. 10. City Manager ex.offcio member.. ........... .... 23. Construction work .. ....................... .......... 12.3 (B) Contracts .. .......................................... .... 12.1 (c) Duties ... ................................ .................. 12. Earnings , disposition .... ....................... ...... 12. Employees, control over . ....................... .... 12.(D) Engineer as member ........... ................ ....... 10.7 (A) Established 10. General Fund, to .. .................. .... 12. Membership, terms................... .... .............. 10.Powers 12. Powers without competitive 12. Purchases ... ............................................ .. 12.1 (c) Rates , fixing ..... .................................. .. 12.3 (c) Real property, acquisition.... ................... .... 12-2 (c)Records 12.4 (A)Reports to 12.4 (B) Reserve for contingencies .. .................... . 12. Reserves , investment ... ..................... ...... 12.3 (F) Revolving Fund , purchases-- ................... . 12.(D) Sale obsolete property...... ....................... .. 12.3 (A) Store room system... ............................ .. 12.4 (c) Terms , expiration ... .........."'" .. "" 23. Util tics , control and management... ....... ..... 12.1 (A) Utilities, engaging in.. .. ........."........ .. 12. PUBLIC WORK Council may do... ...................................... ... 3. Emergency. .......................................:....... .. 3. Over $1000, bids... ................................ ... 3. Preference for residents.... .. ................... ,.. 3. Page PURCHASES Section 2ity Manager Purchasing Agent................ 7. (D) pen ia oket . ;............................................... 3. P vel $ 0 0, bIds... ;....................................... 3. erence for resIdents '''''''''''''''.......''''' 3. ic Utilties Board............................: 12-1 (c) Page REAL PROPERTY Acquisition or transfer by ordinance............ 3. inancial interest of offcer.......................... 22. :::::::::=::::::::::::::::::::::::::::::::::::::. ::::...... 2 : i6 Public Utilties Board , acquisition by....:::::: 12.2 (c) RECALL nswer of offcer................................ 20. allot, f?rm of..................................::::::::::: 20. anvassmg returns , results................. ... 20. ert!cate of election......................... :.. :::::: 20. drt! yte ?f petition................................. 20. G enca assls nce ........................................ 20. eneral p!'ovlslons ...,................................ 20. eW'petItlons ............................................ 20. mation of candidates.......................... 20. ot!ce of Intention..................................... 20. NotIce of Intention , service oL................... 20. ffce, holdi!lg after recalL.......................... 20. p;rs subJect.to........................................ 20. Pet!t!on , af!davit of circular.................... 20. et!t!on , cIrculation ................................ 20. , contents ........ ......... ..........m....m 20. p et!t!on , ex mination """,,,,,,,,"m,,'''m ''m.''', 20. ; s ~~~~~~:::::::::::::::::::::::::::::::: g: i d!n :::::::::::::::::::::::::::::::::: g:g6 Proc dmgs : when pending ................m...... 20. Prov sIOns lIberally construed.m.................. 20. QualIfications on election............................ 20. RECALL-fContinuedl Section Recall and election of successor at same time........................................... 20. Resignation of offcer................................... 20- Sample ballot , mailing..................... ...._ .. 20. Signature, revocation of .......-...........-......... 20. Special election, conducL........-.-.......-....-... 20. Special election , Council to calL................ 20. Supplemental petitions ..-......................... 20. RECORDS Copies _............................................................ 22. Inspection .........,........................................ 22. REFERENDUM General law applicable.............................. 21. Submission by CounciL............................ 3. RESOLUTIONS Action of Council by............................... 3. SCHOOLS See Board of Education SOCIAL SERVICE BOARD See Boards Appointments ......................-..................... 10. Charitable organizations, investigation........ 15.1 (A) Day Nurseries, supervision.__...................... 15.1 (D) Employment Bureaus, supervision............... 15.1 \D) Established -""'''''''..'.'''.''''...................... 10- Membership, terms......................_............ 10. Powers "''''''' '................... .......................... 15. SUPERINTENDENT OF STREETS Appointment and removaL....m................. City Engineer, consolidation ......-............... Employees , discipline by City Manager....... Employees, discipline by SuperintendenL.. 2 (c) Page TAXATION See Finance and Taxation Section TAX COLLECTOR Treasurer as .............................................. 2. Duties, Treasurer to perform.................... 5. TREASURER ompensation .........................-..................-...... 2. Elputy to fill vacancy................................ 2. E ected ............-........................................... 2.mployees and deputies .............-................... 5. X'OffCIO Tax Collector............................. 2- ~~~;:':::::::::::::::::::::::::::::::::::::::::::: ax Collector, duties.............................._.. 5- UTILIIES, Engaging in...............................-...... 12-1 (A) See Public Utilties Board VACATIONS Council to fix..................................... .... . 3-7 (D) WARRANTS Payment of money upon................................. 5. When drawn .................................-........... 4- ZONING City Planning Board........................._............ 14- Page