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1957 Alameda City CharterADOPTED April 29 , 1937 APPROVED May 5 , 1937 Senate Concurrent Resolution No. 75 Amended to March , 1957 !I47 CHAR TER of the CITY OF ALAMEDA CALIFORNIA ARTICLE I Incorporation and Powers Sec. 1-1. The existing City of Alameda , hereinafter referred to as the "City," shall continue its corporate existence under this charter with the same property rights and the same boundaries as existing at the time this charter takes effect , or as such boundaries may be changed thereafter in the manner authorized by law. See. 1-2. The City shall have and cxercise the following rights and powers, subject to the express limitations herein expressed: (A) To have perpetual succes sion. (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 pro- vided in this charter. (E) To exercise all rights , powers and privileges heretofore or here- after granted by the Constitution and general laws of the State of California. (F) To act pursuant to procedure established by general law, unless a different procedure is established by ordinance. ARTICLE II Offcers Sec. 2-1. The following elective offcers are hereby established: Five Councilmen , who shall constitute thc 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 in- cumbents 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 in- cumbents thereof shall be appointed by and hold offce at the pleasure of the City Manager; Chief of Police; Chief of the Fire Department; See. 2-5. No person shall be qualified to be elected or appointed to any of the elective offices hereinabove set forth unltss he shall have been an elector of the City of Alameda for a period of five years con- tinuously next preceding his election. Every officer of the City referred to in Section 2-12 of this Charter shall be a resident of the City during his tenure of office. Employees of the City, other than such officers 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 officer shall eommence at 8: 00 clock p.m. on the third Tuesday in April next following the General Municipal Election at which such officer was elected and continue for four years thereafter and until his successor is elected and qualified. See. 2-7. Every vacancy in an elective office , arising otherwise than as provided in Article XX , shall be filled by the Council. In the event that vacancies exist in a majority of the offices of Councilmen , such vacancies shall be filled by a board consisting of the remaining Coun- cilmen , if any, and the following officers , selected in the order named sufficient to constitute a board of three, to-wit, Auditor, Treasurer and President of the Board of Library Trustees. After any vacancy in the office of councilman has continued for twenty-one days , the three officers last mentioned in thc foregoing sentence , acting as a board shall have the sole power acting by a majority vote , to fill such vacancy. Sec. 2-10. In the event of a vacancy in the office of Auditor Treas- ure , City Attorney or City Clerk , the ranking deputy or assista t shall dUrIng such vacancy, perform the duties of such office. Sec. 2-11. Any i ?cumbe t o any Federal , State or County office except n?ta pubhc or offIcer m the military or naval reserve forces shall be melrgIble to hold any elective office or office of member of any board created by this charter. Sec. 2-12. The persons occupying the offices set forth in Sections , 2-2 and 2 3 , their assistants and deputies , and members of all boards, provided for in Section 10-, shall be the officers of the City. . 2-13. All officers , boards and the certified public aceountant ppomted pursuant to Sub-Section 3-7c shall have power to admin- Ister oaths and affrmations , to examine witnesses and compel their attendance by subpoena in all matters affecting their respeetive offces and positions. All legal process issued pursuant to this section shall be executed by or under the authority of the Chief of Police. Health Offcer; City Physician; City Engineer; Superintendent of Streets; City Planning Director. (Amended by Vote of People March , 1957) Sec. 2-4. The salary attached to the following offices shall be fixed by the Council at not less than the following amounts per annum: Auditor, $3 600.00; Treasurer, $3 600.00; City Manager, $4 000.00; City Attorney, $3 000.00; 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 , 1947. ARTICLE III Sec. 2-8. 'The term of any person appointed to fill a vacancy in an elective office shalJ commence upon appointment and qualification and continue until 8: 00 o clock p.m. on the third Tuesday in April following the next General Municipal Election , at which election a successor shall be elected to serve for the remainder of the unexpired term. Sec. 2-9. If any officer of the City shall remove from the City or absent himself therefrom for more than thirty days eonsecutively, without the permission of the Council , or shall fail to qualify by tak- ing the oath of office and filing his official bond , whenever such bond is required, within fifteen days from the time his certificate of election or appointment is mailed or delivered to him , or shall resign, or be convicted of a felony, or be adjudged insane , his office .shall be vacant. City Council See. 3-1. All powers of the City and all powers vested in city coun- cils (except the powers reserved to lhe People or delegated to other officers or boards by this charter) shall be vested in a Council con- sisting of five Councilmen. Sec. 3-2. The Council may confer upon any board or officer powers and duties additional to those set forth in this charter. Sec. 3-3. The Council may, on its own motion , submit to the elec- torate by initiative or referendum any proposed resolution or ordi- nance which could be enacted by the Council. Sec. 3-4. The vote of three members of the Council , except as other- wise provided , shall be necessary for any act of or by the Council. Sec. 3-5. The Councilmen present at any meeting regularly held may compel the attendance of absent members in such manner and subject to such penalties as the Council may have prescribed by ordinance. 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 extending over a period of not less than thirty days , his office shall be vacant. See. 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 andorganizc by selccting from its membership a Mayor, who shall be the President of the Council , and a Vice-President of the Council , whose terms shall commence upon selection and continue until the selection 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 Cham- ber of the City Hall. Special meetings may be called by the Mayor or by three Councib;nen by serving the Council I?en person lly with written notices of time and purpose of the meetmg, or leavmg 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 certi- fied public accountant , who shall at least semi-annually investigate the transactions and audit the accounts of all officers having the col- lection , custody or disbursement of public money, or having the power to approve , allow or audit demands on the treasury. He shall have f;ee access to all records, books and papers in all departments of the qIty. He may at any time visit any of the public offices and make examI ~a- tions and investigations therein without hindrance. He .must .examme the ofIicial bonds of all City officers and employees and mvestrgate the sufficiency and solvency of the sureties thereon. At the close o f .his investigation he shall fie with. the qouncil itten report tammg his recommendations. If durmg hIs exammatlon and audIt It s?all appear that a public offense has been committed , or th . any Icer or employee is in default, or that the sure y on ny bond IS msuffIcIent he shall immediately report to the counCIl , whIch shall take such pro- ceedings as are authorized by law. (II) Provide by ordinance for annual vacations with pay for all City officers and employees. (E) Fix the amounts and determine the officers and employees wh shall give bonds to the City for the faithful performa r:ce of t heIr duties. All such bonds shall be executed by surety compames quahfied to do business in the State of California and be subject to approval by the Council and shall be filed with the City Clerk, except that the bond of the City Clerk shall be filed with the Auditor. The premiums on all such bon ds shall be paid by the City. (F) Prescribe the form of oath of ofIi(;e and :equi ~e that every officer shall , before entering upon the dutIes of hIs offIce , take and file such oaths with the City Clerk. (G) Establish and abolish ofIices and positions of emp oyment a fix the compcnsation and duties thereof , except as herem otherwIse provided. (H) Designate the person to pe rform the duties of City Manager in the event of his absence or disabilIty. (1) Establish on or before July 1, 1938 , a retirement , pension and insurance system for City officers and employees based on sound actuarial principles , which system once adopted shall not be amended except by the vote of five Members of the Council , a?d shall not be repealed except by the People. Such system shall I?rovIde fo the sup- port thereof by deductions fro rr th : compensa lOn of offIcers and employees of the City and contrIbutIOns from CIty funds and funds under the control of the respective boards. Sec. 3-8. The Council shall act by ordinance , resolution or motion and the vote of each member of the Council on ordinances and reso- lutions shall be entered in the journal. Sec. 3-9. No member of the Council shall , during his term of office be eligible to appointment to any board created by this charter. Sec. 10. All acts of the Council imposing penalties , prescribing public regulations , granting franchises , or providing for the acquisi- tion , transfer or lease for a period longer than one year, of real prop- erty, shall be by ordinanee; provided , however , that the acquisition of real property, or any interest therein , may be authorized by resolution whcn the purchase price to be paid, together with any obligation imposed on the City in connection with any such acquisition , docs not exceed the sum of $1 000., 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 affirmative vote of four members of the Council. The provisions of this section shall not apply to the acquisition or transfer of real property when , pursuant to procedure established by ordinance or by any code or general law of thc State of California such property has been acquired , or is transferred or acquired in satis- faction, foreclosure or enforcement of a lien for taxes or special assess- ments of any character. Sec. 3-11. The enacting clause of every ordinance passed by the Council shall be , " Be it Ordained by the Council of the City of Ala- meda." Every amendment of an ordinance shall be germane to the original purpose of such ordinance. Every ordinance shall be signed by the officer presiding at the time of its adoption and attested by the City Clerk. No ordinance shall be passed by the Council within five days after its introduction, or at any time other than at a regular meeting or an adjourned regular meeting, cxcept as provided in the following section. Sec. 3-12. No ordinance shall become effective until thirty days from and after the date of its final passage, except an ordinance call- ing or otherwise relating to an election , or an ordinance deternIining 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 improve- ment proceeding taken undcr some law , or an ordinance relating to public improvements or work the cost of which , or any portion of which , is to be borne by special assessment against property benefitted thereby, or an ordinance for the immediate preservation of the public peace;health or safety, which contains a declaration of the facts con- stituting its urgency, and is passed by a four-fifths vote of the Coun ~i1 or an ordinance enacted in the event of great emergency or necessIty passed by four votes of the Council and containing a statcmcnt of the emergency or necessity. Ordinances for the immediate preservation 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 refer- ence 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 bcen finally passed. Sec. 3-15. When the expenditure required for the purchase of matc- rials 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 Official Newspaper by at least one insertion for sealed prop osals , which advertising shall be made at least five days prior to the time for receipt of bids. Adver- tisements for bids may set forth thc gelleralcharacter of the work materials , or supplies and refer for details to specifications on file in the office of the City Clerk. The Council may reject all bids. In case no bids are received , the Council may make such public work or im- provements without contract or purehase such materials or supplies in the open market. The Council may, by four votes , either with or without prior advertising, as hereinabove set forth , determine that in its opinion the public work or improvements in question will be per- formed 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 requires immediate ac- tion , and thereupon proceed to makc such public work or improve- ments 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 sup- plies 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 manufacturing, processing, wholesaling or retailing such materials and supplies. See. 3-17. When entering into any contract for labor or hiring any labor for public contract work, preference shall be given to contrac- tors , mechanics, artisans or other laborers of any class , who shall have actually resided in the City for a period of six months preceding .the date of their engagement to perform labor, quality and price of work being equal. See. 3-18. The Council shall annually, after advertising in the man- ner provided for the purchase of supplies , award a contract to the rcsponsible bidder who submits the lowest and best bid for publica- tion of all legal advertising of the City in a newspaper of general cir- culation published in the City for a period of not less than one year immediately preceding the making of sueh bid , and having a bona fide paid circulation of at least one thousand copies. The newspaper published by the successful bidder shall be the Official Newspaper of the City. The Council may reject all bids. In lieu of newspaper adver- tising 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 advertisement in three public places in the City of Alameda. Sec. 3-19. The Council may consent to , or provide by contract or in any other manner, for the transfer to the County of Alameda of any or all of the public health and sanitation functions and services pro- vided for by Charter or Ordinance of the City of Alameda or by State or Federal law , rule or regulation , and for the assumption , enforce- ment , observance and performance thereof by Alameda County offi- cers and employees; provided that , upon such transfer, employees of the City of Alameda Health Department who are not continued in City of Alameda employment are transferred to the employ of the County of Alameda with the protection hereinafter in this section provided. The Council is authorized to provide that all or any City of Alameda Health Department employees be transferred to and become employees of the Alameda County Health Department with full accredited status as members of the County Civil Service. The Council also is authorized to provide that such transferred employees shall retain credit under the Alameda Municipal Employees ' Retire- ment System, or any other retirement system entered into by the City of Alameda for and on behalf of the employees of the City of Alameda as provided for by any ordinance or resolution of the City of Ala- meda for scrvice with which thev were entitled to be credited at the date transfer. or that instead ' such service be credited under the Alameda County Employees ' Retirement System in the same manner and with the same effect as if it were service credited under such sys- tem as having been rendered as employees of Alameda County. To ef- fect such credit of service , the Council may take all necessary action regardless of the length of service credited to suchernployees. Specifi- cally, but without limiting the forcgoing authorization , the Council may provide for the retention in the Municipal Retirement Sys for contributions made by such transferred employees , plus credited interest, in the same manner and with the same effect as is provided under such System for employees upon resignation or discharge who are entitled to be credited with ten years of service , or it may pay to the County or otherwise allocate any ' funds , including such tr nsferred employees' contributions plus credited interest , and eontributions made by the Citv and held on behalf of such transferred employees by such Municipar" Retirement System. The City may compensate the County, as necessary, either directly from any City funds or indirectly by County s retention of fees , fines , forfeitures or pcnalties paid or payable under City Ordinance, for making inspections and for the performance by County officers or employees of functions in the en- forcement of City Ordinances relating to public health and sanitation. The Council shall provide , as necessary, for the continued employ- ment of such Health Department personnel as are not transferred to the County, without prejudice to the acquired employment rights of such employees. Any and all powers , duties and functions of the City so transferred to the County pursuant to this section shall , to the extent of their assumption , performance, observance and enforcement the County, be deemed suspended and not a duty or function of the City for the duration of such transfer. The City has and the Council shall reserve in any agreement with the County the right to terminate any transfer made pursuant to this section , and to reassume any or all of the transferred functions. This section shall be paramount to any other Charter provision in conflict therewith. (Amended by Vote of People November 6 , 1956) Sec. 4-6. No warrant shall be drawn by the Auditor unless there are sufficient moneys otherwise unappropriated in the fund against which the warrant is drawn to pay the same. Sec. 4-7. No contract required to be in writing and imposing any financial obligation upon the City shall be binding or of any force unless the Auditor shall endorse thereon his certificate that there remains an unexpended and unapplied balance of the appropriation or fund applicable thereto sufficient to pay and fully discharge the City s obligation under such contract as certified by the Board or officer making the same. All sums of money represented by such endorsements outstanding shall be used for no other purpose except the payment and discharge of the respective contracts so endorsed. ARTICLE V ARTICLE 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 office. 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 official bond. Sec. 5-2. He shall have custody of all moneys belonging to the City, or to any officer of the City in his official capacity. He shall payout money belonging to the City or in his official custody only upon war- rants drawn upon him duly issued by the Auditor. Sec. 5-3. The Treasurer shall not receive any moneys unless the payment of the same is accompanied by the certificate of the Auditor stating the amount of the same , to what fund payable and by whom to be paid. Auditor Sec. 4-1. The Auditor shall perform all the duties of Auditor and Assessor prescribed by this charter , by ordinance and by general law and shall devote his entire time to the duties of his office. He shall subject to Civil Service requirements, have power to appoint , discip- line and remove all deputies and employees in his office and shall be responsible for the acts thereof on his official bond. Sec. 4-2. He shall be the general accountant of the City and shall have the custody of and preserve in his office all accounts , books vouchers , documents and papers relating to the debts , revenues and other financial affairs of the City. Sec. 4-3. He shall keep an accurate account of all money transac- tions of the City, and at all times his records shall reflect the exact condition of the treasury and he shall certify the same to the Council at least monthly. Sec. 4-4. He shall establish a uniform system of bookkeeping and accounts for the City and all officers , depa rtments 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 demand shall , before payment , be presented to the Auditor with the allowance thereon of the Councilor board which appropriated the money pursuant to which said demand is made , except that demands for salary need bear the allowance only of the City Manager or execu- tive officer under whose jurisdiction the services are rendered. The Auditor shall not allow any demand unless the same is legally due , its payment authorized by law, and in consequence of appropriations made pursuant to this charter. Upon allowance, the Auditor shall endorse on each demand the word "Allowed " the name of the fund out of which it is payable and the date and consecutive number of its allowance and shall sign his name thereto. ARTICLE Mayor Sec. 6-1. The Mayor shall be the official and ceremonial head of the City and shall preside at all meetings of the Council. He may take command of the Police and Fire Departments and govern the City by proclamation whenever the Council determines that public danger or emergency requires such action. Sec. 6-2. During the absence or disability of the Mayor , the Vice- President of the Council shall perform the official duties of Mayor and during the absence or disability of both such officers , the remain- ing members of the Council shall select a Mayor Pro-tempore. See. 6-3. Vacancies in the office 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 office the sum of fifty dollars each month for which he need furnish no vouchers. ARTICLE VII (0) To formulate rules and regulations for officers and employees under his jurisdiction. Sec. 7-3. Neither the Council nor any of the members thereof shall int ~rfere with the execution by the City Manager of his powers and dutIes. Except for purposes of inquiry, the Council and its members shall deal with that portion of the administrative service for which the 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 oHice for malfeasance. Sec. 7-4. The City Manager shall appoint a Chief of Police who shall be the chief executive of the Police Department. Sec. 7-5. The City Manager shall appoint a Chief of the Fire De- partment who shall be the chief executive of the Fire Department. See. 7-6. The City Manager shall appoint a Health Officer who shall be the chief executive of the Health Department. The Health Offcer shall hold the degree of Doctor of Medicine and a license to practice medicine in the State of California , or a degree representing equilavent training in Public Health. He shall exercise all the powers and duties vested in boards of health or health officers by general law or ordinance now or hereafter adopted. Sec. 7-7. The City Manager shall appoint a City Physician who shall hold the degree of Doctor of Medicine and a license to practice medi- cine 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 neces- sary for the administration of the affairs of the City Government. He shall have charge of any receiving hospital or dispensary established by the City. Sec. 7-8. The City Manager may consolidate the offices of Health Officer and City Physician. Sec. 7-9. The City Manager shall appoint a Superintendent of Streets who shall be the chief executive of the Street Department. Sec. 7-10. The City Manager shall appoint a City Engineer who must have been , prior to his appointment , a practicing Civil Engineer for a period of not less than five years. He shall be the custodian of all engineering records of the City, and all engineering records prepared by him shall be the property of the City. See. 7-11. The City Manager may consolidate the offices of Superin- tendent of Streets and City Engineer. Sec. 7-11.. The City Manager shall appoint a City Planning Direc- tor who shall be the chief executive of the City Planning Department and Secretary to the City Planning Board. (Amended by Vote of People March 12, 1957) Sec. 7-12. The Chief of Police, Chief of the Fife Department , Health Officer , City Physician , Superintendent of Streets , City Engineer, and City Manager Sec. 7-1. The City Manager shall be the Chief Administrative Offi- cer of the City and shall be chosen by the Council on the basis of his executive and administrative qualifications , with special reference to his actual experience in or his knowledge of , accepted practice in respect to the duties of his office 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 undertakings formu- lated by the Council. (B) To enforce all laws and ordinances , except as provided by Section 6-, and he is hereby declared to be beneficially interested in their enforcement and to have power to sue in proper courts to enforce them. (c) To appoint , discipline and remove all officers and employees of the City under his jurisdiction , subject to Civil Service requirements. (D) To act as purchasing agent for the City and all officers 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, specI- fications or reports as may be specified by the Council. (I-) To see that all contracts and franchises made under his juris- diction or that of the Council are faithfully performed , and to report all violations thereof to the Council. (I) To supefvise and administer all public parks, golf courses , rec- reation 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 con- sent of and at such compensation as IIay be provided by the Council. (K) Until a Civil Service ordinance shall be in force , to establish examinations as to fitness of applicants for positions below the rank ' Chief in the Police and Fire Departments , 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 officer 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 office. City Planning Director shall each have power to discipline any em- ployee 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 penalty less than dismissal, subject to appeal to the City Manager who shall , on such appeal , have final and arbitrary authority to affrm , modify or revoke such penalty. (Amended by Vote of People March 12 , 1957) ARTICLE VIII (B) To act as Clerk of the City Council and keep an accurate pub- lic record of the proceedings thereof, and also separate , properly in- dexed books in which , respectively, he shall record all ordinances and resolutions. (c) To have custody of the official Seal , deeds, leases , contracts and all records of the Council and such other official records as may be committed to his care. (D) To take affidavits and administer oaths, without chargc, 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 office , subject as to all deputies , to the approval of the Council. City Attorney Sec. 8-1. The City Attorney shall have been , at the time of his ap- pointment , regularly admitted to practice and engaged in the practice of law in the State of California for a period of at least five years next preceding such appointment. Sec. 8-2. The City Attorney shall prosecute all violations of the or- dinances of the City. He shall , subject to the general direction of the Council , board or elective officer having jurisdiction of the matter prosecute and defend for the City and all boards , officers and em- ployees in their official capacity all proceedings before judicial and quasi-judicial tribunals. He shall not compromise , settle or dismiss any action for or against the City without permission of the Council. He shall not commence any action without permission of the Councilor written instruction of the City Manager. He shall be the legal advisor of and attorney and counsel for the City and for all officers and boards thereof, in all matters relating to their official duties, and whenever requested in 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 inter- ested , 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. H all deliver all books, papers , documents and property of every deSCrIptlOn belongmg to his office or to the City, to his successOr in office. Sec. 8-4. The City Attorney shall appoint , discipline, and remove subject to Civil Service requirements, all assistants , deputies and em- ployees under his authority. All assistants and deputies must be duly admitted to practice law in the State of California. Sec. 8-5. The Council , or any board with the consent of the Council may empower the City Attorney, at his request, to employ special legal counsel. ARTICLE X ARTICLE IX City Clerk See. 9-1. It shaU be the duty of the City Clerk: (A) To perform all duties imposed upon him by general law where not inconsistent with this charter or the ordinances of the City and devote his entire time to the duties of his office. Boards See. 10-1. The following Boards are hereby established: Board of Education; Public Utilities Board; Civil Service Board; City Planning Board; Social Service Board; Library Board. Sec. 10-2. Each of said Boards , except the Public Utilities Board Social Service Board and thc City Planning Board , shall consist of five members. Upon nomination of the Mayor, the Council shall appoint between May 1 and July 1 of each year, one member of each such Board for a term commencing on the first day of July following such appointment and continuing for five years , and thereafter until the successor of such member is appointed and qualified. (Amended by Vote of People November 6 , 1956) Sec. 10-3. The Public Utilities Board shall consist of five members one of whom shall be the City Manager , who shall have full power of participating and voting. Upon nomination of the Mayor , the Council shall appoint , between May 1 and July 1 of each year, one member of said Board for a term commencing on the first day of July follow- ing such appointment and continuing for four years and thereafter until the successor of such member is appointed and qualified. Sec. 10-4. The Social Service Board shall consist of seven members one of whom shall be the City Manager, who shall have full power of participating and voting. Upon nomination of the Mayor , the Council shall appoint , between May 1 and July 1 of each year , two members of such Board for terms commencing on the first day of July following such appointment and continuing for three years and thereafter until the successor of such member is appointed and qualified. Sec. 10-1. The City Planning Board shall consist of seven members. Upon nomination of the Mayor , the Council shall appoint, between May 1 and July 1 of each year , such members as are necessary to main- tain a full Board , for terms cOIIlInencing on the first day of July follow- ing such appointment and continuing for three years and thereafter until the successor of such member is appointed and qualified; pro- vided , however, that at such time as this amendment becomes fully operative seven members shall be appointed , two of whom shall be appointed for the period Of one year, two of whom shall be appointed for a period of two years, and three of whom shall be appointed for a period of three years , the duration of said appointments to commence on July 1 next succeeding the operative date of this amendment; all succeeding appointments shall be for a period of three years. (Amend- ed by Vote of People November 6 , 1956) Sec. 10-5. A vacancy in the office of a member of any board shall be filled for the unexpired term by a nomination and appointment in the manner hereinabove set forth. Sec. 10-6. All members of such boards shall , at the time of their appointment and continuously during their incumbency, be electors of the City. Sec. 10-7. Each person appointed to membership of any of said boards shall be particularly qualified to discharge the functions of his office and, to that end: (A) One member of the Public Utilities Board shall be an electrical civil , mining or mechanical engineer. Sec. 10-8. The members of such boards shall receive no compensa- tion. 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 officers as it may desire. Sec. 10-11. Each of said boards shall have the power to establish rules for its proceedings, a ppoin t , discipline and remove (subject to Civil Service requirements) its officers and employees and prescribe their duties and exercise all authority and perform all duties prescribed by this charter and by general law or ordinances. See. 10-12. No position of employment with any right of compensa- tion attached thereto shall be established under 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 membership of a board shall be nccessary for action thereof. ARTICLE XII ARTICLE 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 thc purpose of gcnerating, distributing or selling gas or elec- tricity or for the purpose of furnishing transportation. (B) To control and manage any City-owned public utility, the con- trol 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 supplies, .subject to the provisioDs 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 or commodity 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 public utility under its control and management. (c) To acquire full or joint use of poles, pipes , conduits and rights- of-way; and to acquire by leasc 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 mer- chandise to be resold for the purpose of increasing the public utility services or commodities under the control and management of the Board; provided , the total amount of money in such fund , together with the amount of money invested in such goods , wares and mer- chandise, shall not in the aggregate exceed the S1Im 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 thou- sand dollars. (B) To make any original construction of and any improvement to any utility under the control and management of the Board, and to do and perform any work for the City or any board thereof at cost; pro- vided , however , if the Board shall elect to make any such original construction of or improvement to any such utility by contract , thcn the same shall be done subject to the provisions of Sections 3-15 and , 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. Board of Education Sec. 11-1. The Board of Education shall control and manage the public schools in the City in accordance with the Constitution and general law of thf 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. 11-2. (Repealed by Vote of People March 12 , 1957. (D) To establish and abolish positions of employment under its control and fix the compensation and prescribe the duties thereof. No employee of the Board receiving compensation from it shall be, or within one year preceding his employment have been , a member of the Board. (E) To borrow , with the approval of the Council and not otherwise not to exceed one hundred thousand dollars in the aggregate for capi- tal investment. Money borrowed pursuant to this sub-section shall provide that the same may be repaid at any time and shall be repaid within twenty years from date thereof. (F) To invest the reserves provided for in Section 12-6 in bonds of the City, bonds of the United States , of the State of California , or of any county or municipality in the State of California. Sec. 12-4. The Board shall: (A) Keep books and records for each utility under its control and management in the manner prescribed by the California Railroad Commission or its successor in authority, and all other fiscal records in the manner prescribed by the Auditor. (B) File with the Auditor and Council monthly and annual reports setting forth the financial and physical condition of the utilities under its control and management , accompanied by monthly and annual audits prepared by the Certified Public Accountant referred to in Section 3-7 (c). (c) Maintain a store room and store room system , wherein a de- tailed record shall be kept of all materials received and issued in a manner satisfactory to and subject to the audit of the Accountant referred to in the next preceding sub-section. (D) Prepare and adopt an annual budget. Sec. 12-5. Neither the City nor the Board shall engage in any public utility business, in which the City or the Board is not now engaged except with the consent of the Pecple expressed by a two-thirds vote. Sec. 12-6. The Board may retain from earnings of public utilitie under its management and control in each fiscal year after payment of bond interest and sinking fund requirements and operating ex- penses exclusive of depreciation, a sum equal to ten per cent of the investment in Fixed Capital in Service of such utilities at the begin- ning of such fiscal year, as a reserve for contingencies , replacements renewals , additions and improvements; provided , however, that when the amount of Working Capital (Current Accrued Assets less Current Accrued Liabilities) at the end of such fiscal year shall be equivalent to or in excess of twenty-five per cent of the Fixed Capital in Service as of the same date if an amo nt equal to five per cent of Fixed Capi- tal 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 pay- ments and retainmcnts shall be transferred by the Board to the Gen- eral Fund of the City, unless the Council prior to the end of the fiscal year shall authorize the Board to retain for said reserve a larger per- centage 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 cstimate of the amount to be earned in the fiscal year in excess of said paynients and retainments and said excess amount as estimated shall be transferred to the General Fund of the City quarterly or as mutually agreed upon between the Board and the Council. Any balance of such excess amount for the fiscal year shall be transferred by the Board to the General Fund of the City on or before the first day of August next succeeding the end of said fiscal year. ARTICLE XIII Civil Service 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 1 , 1938 , shall establish by ordinance a Civil Service System for the City. Such ordinance , once adopted , shall not be amended, except by vote of five members of the Council and shall not be repealed , except by the People. No position of employment, once placed under such Civil Service System, shall be removed therefrom , except pursuant to such Civil Service Ordinance or by vote of the People. Sec. 13-3. Any member of the Police or Fire Department who shall have been in the service of the City for three years, shall , if dismissed have the right to appeal to the Civil Service Board , which shall have the power to hear the charges and determine the penalty. The pro- cedure for such appeal shall be determined by the Civil Service Ordi- nance , or in default thereof, by the Civil Service Board. ARTICLE XIV City Planning Board Sec. 14-1. The City Planning Board shall have such powers and duties as may be delegated by City ordinance. It shall have power to investigate and recommend plans for the future development, im- provement and beautification of the City, including landscaping, planting and care of trees on public streets , parks and playgrounds the improvement and development of harbor facilities , the location and improvement of public buildings and works and the subdivision and zoning of land. ARTICLE XV Social Service Board Sec. 15-1. The Social Service Board shall have the power: (A) To investigate and endorse charitable and philanthropic corpo- rations or associations dependent upon public appeal or general solici- tations for support. J 7 ARTICLE XVI See. 17-3. On or before thc first Tuesday in August of each year the City Manager shall transmit to the Council a detailed budget showing the estimated revenues and expenditures of the City and all Departments thereof for the ensuing fiscal year. Sec. 17-4. At any time after the first day of September and not later than the third Tuesday in September of each year , the Council shall adopt a budget and fix the rate of City taxes to be levied and collected upon the property assessed for taxation within the limits of the City, on the basis of the valuation thereof as shown by the assessment roll in the offce of the City Asses$or. Such rate, after allowing three per cent of the assessed valuation for delinquencies , must yield sufficient reve- nue for the financial needs of the City for the current fiscal year. Sec. 17-5. Except in the event of great necessity or emergency, and in such event only by ordinance reciting the same passed by the vote of not less than four member$ of the Council, or except when author- ized by majority vote of the People , the annual tax levy, exclusive of sums necessary to provide for interest and sinking funds on the City bonded indebtedness, and to pay for street and sewer work, mainte- nance and improvement of public parks , squarcs and grounds, .salaries of employees of the Fire Department and the moneys apportioned to the Board of Education pursuant to Section 11-, shall not exceed the rate of one dollar for each one hundred dollars ' assessed valuation. (B) To encourage the formation of private social welfare organiza- tions to meet needs not already provided for and to foster all worthy philanthropic cnterpri$es. (c) To investigate misstatements , deceptions and frauds in connec- tion with charitable solicitations and to recommend appropriate action thereon. (D) To supervise in such manner as the Council may determine all employment bureaus , day nurseries and other social service functions establi.shed by the City. Library Board Sec. 16-1. The Library Board shall have the power: (A) To control and manage the Public Library System of the City. (B) To expend for library purposes all moneys in the Library Fund which fund is hereby created. (c) To make and enforce rules and regulations necessary for the administration , government and protection of the Library System and all property thereof. (D) To purchase necessary books, journals, publications and other personal property. (E) To borrow books from , rent books to and exchange the same with other librarie., and to extend library privileges 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 , the Council shall , and as to any excess thereover setforthin such estimate the Council may, include in the next sueceeding tax levy and appor- tion to the Library Fund as received moneys for the purposes set forth in $uch budget. Sec. 16-3. All fmes and other money arising out of the administra- tion of the Public Library System of the City. or gifts or trusts therefor shall be deposited in the Library Fund. ARTICLE XVII Sec. 17-6. The Council shall fix the tax rate by designating the number of cents levied on each one hundred dollars of assessed valua- tion 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 bc automatically adopted. See. 17-7. Unless otherwise provided by ordinance, the levy and col- lectionof City taxes shall be pursuant to general law for the levy and collection of State and County taxes, and to that end all duties re- quired by general. law to be performed by County ofIiceg shall be performed by the City officers 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 alien 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 asse.ssedand , as to taxes on improvements , on the tax- able 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 becomes a lien on property is at noon on the first Monday in March preceding the beginning of the fiscal year for which the taxes are to be collected. Except as otherwise provided in this section , the personal obligation is satisfied and the tax lien removed when, but not before: 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 cach Board or ofIicer having supervision or control of the expenditure of City funds , and every offcer or Board so directed by the City Man- ager shall transmit to the City Manager detailed estimates of income and expenditure for the ensuing fiscal year. (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 hereaftcr , when any tax becomes a lien , if the lien 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 officer or employee of the City in his official 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 saIne. Sec. 17-9. All charges , fees , commissions and percentages collected or received by any officer or employee of the City in the performance of any official duty as such officer or employee , or in the performance of the duties of any office held ex offcio , shall be the property of the City; provided , that the Council may by ordinance provide th t the Health Officer of the City shall be entitled to receive and retam the fecs provided by law to be paid by the State or County to Local R istrars of Vital Statistics for the registration of birth and death certIfi- cates. Sec. 17-10. The Mayor , Auditor and City Manager shall , together count the money in the City Treasurer at least onee 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 show- ing whether the money in the City Tre sury 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 es ablished under t 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 nd t e C:hief of Poli e under the direction of the City Manager for mvestIgatIOn and polIce work of a secret character and for no other purpose. Semi-annually and at such other times as the Council may require , the City Manager shall file with the Council his affidavit and the affidavit of the Chief of Police that all moneys expended out of thc fund have been used for the purposes hereinabove set forth. Sec. 17-12. An Emergency Revolving Fund , the unexpended bal- ance of which shall at no time exceed five hundred dollars, is hereby established. The Council shall appropriate to such fund from time to time such amounts as it deems proper. Such fund shall be expended for emergency purposes only upon demand signed by . both the ity Manager and the Auditor , bu not otherwIse app~opnated , audIted allowed or approved. Said offIcers shall take receIpts for all moncy expended out of such fund an d at least qu rterly shall file with the Council a detailed statement 01 such expendItures. Sec. 17-13. The Council may provide for the establishment of a permanent revolving fun?, to be kno n as the Cash asis Fund sufficient to place the busmess of the CIty upon a cash basIs. ARTICLE XVIII Franchises Sec. 18-1. Franchises may be granted for the use of any public utility of the streets , public places or property of the City upon such terms , conditions , restrictions and limitations as may be prescribed by ordinance, but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred; nor for a longer period than twenty years unless there be reserved to the City the right to take over at any time the portion of such utility located within the City without compensation for the value of the franchise granted. ARTICLE XIX Municipal Elections Sec. 19-1. Municipal Elections held in the City of Alameda shall be classified as of two kinds: (A) General Municipal Elections; (B) Spe- cial 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 Election may be called by ordinance or by resolution of the CounciL Sec. 19-3. The provisions of the Elections Code and the Constitu- tion 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 procedure provided in the Elections Code and the general law of the State California , now in effect and as hereafter amended or codified , for elections in chartered cities and municipalities generally, and in all respects not so provided , then the present and future provisions of said code or laws governing County 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 conferrcd or imposed by law on Boards of Super- visors 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 office for which as many persons are to be selected as there are full and unexpired terms to be filled. No election, either general or special , shall be set aside for any error, irregularity or defect in the proceedings leading up to said elec- tion or in said election when the provisions of law governing the same are substantially complied with and where a fair expression of the will of the electorate is secured. See. 19-4. No person shall become a candidate for an elective office of the City unless he shall have been nominated as provided in this article. Every candidate for elective office shall be nominated by written petition signed by not less than thirty nor morc than fifty qualified electors of the City. Such Nominating Petition may consist of one or more sections , provided that each such section shall contain a full an accurate copy of the text of the petition. Each signer shall add to hIs signature his place of residence , giving street and number v;h such designation can be given. One of the signers of each peti- tIOn , or of each separate section if such petition be in sections , shall make oath that the statements therein are true , and that each signa- ture was affixed in his presence and is the signature of the person v;hose name purports to be thereto subscribed. Each Nominating Peti- tIon shall state the address of the candidate , the offce for which he is nominated , and must be accompanied by the written acceptance of the candidate therein named. No more than one candidate may be named in anyone petition. In case an elector has signed two or more nomi- nating petitions for the same office, all such signatures , except the one appearing on the petition first presented , shall be rejected; provided however, that in case two or more persons are to be elected to the same office at the same election , an elector may sign the Nominating Peti- tion of as many persons as there are officers to be elected to such office. Signatures on Nominating Petitions shall not be withdrawn. Sec. 19-5. Every Nominating Petition must be filed with the City Clerk not earlier than sixty days nor later than thirty days before any General Municipal Election. On receipt of any such petition the City Clerk must file the same and thereupon he shall examine and deter- mine 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 examination. If the petition be found insufficient , such certificate shall designate the de- fects 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 en- suing General Municipal Election , cause his name to be withdrawn from nomination by filing with the City Clerk a statement of with- drawal acknowledged before a notary publie. The names of candidates who have withdrawn , or who have died , twenty-five days or more before said election , shall not be printed upon the ballot nor entered in the list of candidates. If by reason of such withdrawal or death the number of candidates remaining does not exceed the number of officers to be elected to an office , then other nominations may be made for such office by presenting petitions therefor not later than twenty- one days prior to such election , but no amendment or supplement 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 office for which he is a candidate , his residence , place of birth, occupation for the past five years, public offices 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 a.s might enable the electors to determine his fitness for office. Such state- ment shall also contain the names of not less than twenty residents of this City, and no others , who have signed his Nominating Petition. Any material misstatement of facts in such statement shall disqualify the candidate from holding any City office. Each candidate must also deliver at his own cost , to the City Clerk printed copies of such statement equal to the number of qualified elec- tors 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 with 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 pro- vided , and who have complied with the preceding section , together with the offices to be filled , and not later than twenty days before the day of election shall certify such list as being the list of candidates nominated as required by the charter of the City and file the same in his office. Sec. 19-9. At least ten days before a General Municipal Eleetion 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 propositions, if any, to be voted on as the same shall appear on the ballot. The City Clerk shall cause said proclamation to be published twice in the Official Newspaper, and the last publication thereof shall be at least five days before the date of election. No fur- ther or other notice of such election necd be given. Sec. 19-10. The Council shall, by ordinance or resolution passed or adopted not later than twenty days before an election , establish elec- tion precincts " designate the polling places therefor and name the officers 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 officers of elec- tion in ll0re than one of sueh ordinances or resolutions. Sec. 19-11. The Council shall canvass the election returns and de- dare the result of any municipal election at its first rcgular meeting, following the election, or at a special meeting held within ten days after such election , unless such election has been consolidated and the canvassing of returns delegated pursuant to general law. Sec. 19-12. In case there is but one person to be elected to an office the candidate receiving the highest number of votes cast for that office shall be declared elected. In case there are two or more persons to be elected to the same office , then those candidates , equal in number to the number to be elected, who receive the highest number of votes cast for such office shall be declared elected. Where full and one or more unexpired terms to the same office are to be filled , the candidates, equal in number to the number of officers to be elected for the full term, who receive the hio-hest number of votes cast for such office , shall be declared elected the full term; and the candidate who receives, or the candidates equal in number to the number of officers 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 dif- ferent 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 Coun- cil shall , at such time and place, determine the tie by lot. Su h sum- mons shall , in every case , be mailed to the address of the candIdate as it appears in his N ominating Petition , or delivered to him personally, at least five days before the date fixed for the determination of such tie votes. See. 19-14. At least ten days before any Special Municipal Election the Mayor must issue under his hand , and the City Clerk must attest an election proclamation containing a statement of the time of such election and of the propositions to be voted on as the same shall appear on the ballot. Such proclamation shall be published as required for General Municipal Elections and no furthcr or other notice need be gIven. See. 19-15. No pcrson shall be entitled to vote at any City election unless he shall be registcred 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 m connectIon WIth the cer- tification of any petition provided by law shall be the books of current affidavits of registration kept in the office of the County Clerk of Ala- meda County for voters within this city. Sec. 19-16. At any time not later than twenty days before any elec- tion and without reference to anv procedure provided therefor in the Ele tions Code , the Council may divide the City into election pre- cincts and may change the boundaries of , create new, or cons ate established precincts. In the ordinance or reso lution estabhshmg, changing or consolidating precincts . t e bounda:Ies hereof may. be defined by reference to exterior deSCrIptIOns or deh.neatrons on precmctmaps or both , or by reference to orders or resolutIOns of th ;: oarcl of Supervisors of the County of Alameda last theretofore estabhshmg pre- cincts within the City for holding gencral State and County elections. Unless precincts be established as herein provided , they shall remain as last theretofore established within the City by said Board of Super- visors for holding general State and County elections. In case a City election is consolidated with a State or County elec- tion the precincts and pollng 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 calling or relating to such consolidated municipal election the election officers for the several precinct boards , but reference may be made to the resolution or ordinance of said Board of Supervisors appointing election officers for such State or County election. At all municipal elections the election officers for each precinct board shall consist of one inspector , one judge and two clerks , except that the Council may determine that one inspector, one judge and onc clerk is sufficient. ARTICLE XX Recall Sec. 20-1. The holder of any elective office of this City may be re- called from office at any time by the qualificd electors thereof , pro- vided he has held his officc for at least six months. The provisions of this article are intended to apply to officials now in office, as well as to those hereafter elected. Sec. 20-2. Recall proceedings shall be instituted by filing with the City Clerk a notice of intention to circulate a petition for recall. Suc notice shall be signed and duly acknowledged by three or more qu fied electors of the City, and shall state the name of , and the offIce held by, the person whose recall is sought , the residenc e address of every person signing the same , and shall fu ~ther contam a general statement , not exceeding three hundred words m length , of the grounds on which the recall of such officer is demanded. Said statement , and the statement in the answer thereto hereinafter provided for , shall be intended solely for the information of the ele tors , and any insufficiency in the form or subs~ance thereof shall m nowise affect the validity of such recall proceedmgs. 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 pr eceding .section, a. true copy of said notice shall be served on the offIcer whose recall IS sought per- sonally, or may be mailed in the City to him by gister d mail dressed to such officer at his last known place of resIdence In the CIty. If made by mail , service shall be deemed complete at the time of the time of the deposit in the post offi Proof of service shall be made by affIdavIt of the person makmg such service. Said affidavit shall state the date, place and manner of serv- ice, and shall be filed with the City Clerk within ten days from the date of filing said notiee. 2:- Sec. 20-4. Within ten days after the date of filing of the notice of intention, the officer whose recall is sought may file with the City Clerk a duly acknowledged answer setting forth in not exceeding three hun- dred words , such offcer s reply to the general statement contained in the notice of intention , or any other justification of his course in office. Upon receipt and filing of said answer the City Clerk shall endorse thereon the date of such filing. If such answer be not offered for filing within the time herein specified , the City Clerk shall refuse to file the same. The City Clerk must, if requested by any person who signed the notice of intention, give such person a certified copy of such answer and, if none has been filed , and the time for filing has expired , he must give such person his written certificate so stating. Sec. 20-5. A petition demanding the recall of an elective officer of the City shall be addressed to the Council of the City of Alameda and shall state the name of , and the offce held by, the person whose recall from snch office i.s sought. Such petition shall also contain a copy of the original notice of intention filed with the City Clerk , and shall fur- ther contain a copy of the answer , if any, filed as provided in the next preceding section. If said oflicer has not filed an answer within the time specified herein, then said petition shall so state. Such petition shall be signed by qualified electors of the City equal in number to at least thirty per centum (30%) 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 to- gether; provided , however , that each such separate section shall con- tain a full and accurate copy of the title and text of the petition. Sec. 20-6. Each signer of a recall petition shall add , at the time of signing, and immediately opposite or following his signature, his resi- dence address and the date of such signing. Such residence address shall include the street and number , if either exists and if no street or number exists then such designation of the place of residence as wil enable the location to be readily ascertained. It shall not be necessary to include in such address words designating the City if the petition recites that the signers are residents of the City of Alameda. Signa- tures , addresses and dates must be written in longhand and in ink indelible pencil. The commonly accepted abbreviations designating the residence address and the date shall be suffcient. A married woman must sign her own given name or her initials. Sec. 20-7. There shall be attachcd to every petition , or to each sep- arate section thereof if the same be in sections , an affidavit made by the person who circulated such petition or section , giving the residence address of the affiant, 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 following each sig- nature were written by each of the respective signers at the time signing, in the affiant's presence and that according to his best in for- mation and belief each signature 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 thcreto until the expiration of the time limit for the filing of an answer, as specified in Section 20-4. Signatures affixed to such petition prior to such time shall not be eounted. 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 officer competent to administer oaths , and thereupon the City Clerk shall cancel such signature. A revocation filed after the time herein specified shall not be valid or effective for any purpose. Sec. 20-10. Separate sections of any recall petition may be filed in the office 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 intention 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 preceding section , the City Clerk must examine such petition and from the records of registration ascer- tain and determine whether or not said petition is signed by the req- uisite number of qualified electors, and must forthwith file in his office and attach to such petition his certificate showing the result of such examination. Sec. 20-12. If by the Clerk's certificate , the petition is shown to be insuffcient the same may be supplemented by filing with the City Clerk within fifteen days from the date of such certificate supplemental petitions duplicates of the original petition except as to the signatures. Within ten days from the expiration of the time limit specified in this section for the filing of supplemental petitions the City Clerk must make like examination of the supplemental petition as of the original petition and must file in his offiee his final certificatc showing the result of such examination. Sec. 20-13. Thc following general provisions shall govern: (A) The City Clerk shall endorse the date of filing on each original or supplemental petition and on each separate section thereof, if the same be in sections , and on request of the person or persons offering same for filing shall issue a receipt showing the number of sections filed. (B) If a person has signed such petition more than once , only the valid signature first affixed shall be counted. ( c) A person whose signature has been rejected on the original peti- tion may sign again on the .supplemental petition. (D) No revocation of any signature appearing on a supplemental petition shall be permitted. .: / (E) The Clerk shall determine what number of qualified electors have signed a recall petition from the affidavits of registration on file in the office of the County Clerk of Alameda County during the period of such examination , and with respect to the purported signature of any elcctor , from the affidavit of registration current and in effect at the date of signing such petition. (F) The certificate of the Clerk required in the two sections next preceding must be dated as of the day of filing same. Such certificate whether of the original or supplemental petition , must state the total number of signatures affixed on such petition , the number of signa- tures revoked , the number of signatures rejected , the number of valid signatures thereon , and the number of persons who voted at the next preceding General Municipal Election. The certificate attached to a supplemental petition in addition to the required data concerning such supplemental petition , must also con- tain the corresponding data relating to the original petition , as the same appears on the certificate attached thereto, and must state the aggregate number of valid signatures appearing on the original and supplemental petition together. (G) At the time of his certification the City Clerk also must attach to such petition , and to each separate section , if the same be in sec- tions, a statement in tabulated form and signed by him, showing the name of each person whose signature on such section was revoked or rejected and the reason or reasons for each such rejection. On request of any person whose signature appears on the notice of intention , or of the person or persons who filcd the petition , the City Clerk must deliver to any such person a copy of all such statements, by him certi- fied to be a true copy of the original , together with a certified copy of his certificate. (H) All rcvocations , petitions , supplemental petitions , certificates statements , notices and all other documents rcquired in this article shall be public documents and open to public inspection as soon as filed. Sec. 20-14. If the Clerk's certificate shall show that all the valid signaturcs on said petition , including those contained in the supple- mental petition , arc still insufficient , no further action shall be taken thereon , but the petition and Clerk's certificate shall remain on file as a public record. The failure to secure sufficient signatures on such petition shall be without prejudice to the institution of new proceed- ings for recall and the filing of an entirely new petition to the same effect. to the Council together with his certificate thereto attached, at the next regular meeting of said Council occurring after the date of his certificate of such sufficiency. The Council must forthwith cause a Special Municipal Election to be held within not less than thirty-five nor more than forty-five days after the date of calling such election to determine whether the electors will recall such offcer , and for the purpose of electing a successor. Should a General Municipal Election occur not more than sixty days nor le$S than thirty-five days from the time of the receipt of the petition by the Council from the Clerk and the date of calling the election , the Council may, in its discretion , sub- mit such recall at such General Municipal Election. Sec. 20-17. One petition is sufficient to propose the recall of one or more elective officials , and one election is competent for the recall and election of one or more elective otIcers. Sec. 20-18. Nomination of candidates for any office to be filled at such recall election shall be made by petition in the manner prescribed by this charter for the nomination of candidates for public office at General Munieipal Elections. Sec. 20-19. There shall be printed on the recall ballot , as to every officer whose recall is to be voted on thereat , the following question: Shall (name of person against whom the recall petition is filed) be recalled from the offce of (title of the offce)?"; following which question shall be the words "Yes " and "" on separate lines with a blank space at the right of each , in which the voter shall indicate by stamping a cross (X) his vote for or against such recall. On such bal- lots , under each such question , there shall also be printed the names of those persons who have been nominated as candidates to suceeed the person recalled , in case he shall be recalled from office by said recall election , but no vote shall be counted for any candidate for .said office unless the voter also voted on said question of the recall of the person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. Sec. 20-15. The City Clerk is hereby empowered to employ sueh persons as may be necessary to assist him in the examination of any such petition. Each such person shall be paid by the City for such serv- ices a sum not to exceed five dollars per day as determined by the City Clerk. See. 20-16. If the petition , either as originally filed or as supple- mented , shall be found to be sufficient , the Clerk must submit the same See. 20-20. The City Clerk shall cause to be printed and mailed to each elector of the City at least ten days prior to any recall election , a sample of the ballot to be used at such election. Sec. 20-21. If a majority of those voting on the question of the re- call of any officer from office shall vote "" said officer shall con- tinue in said office. If a majority shall vote "Yes " said offcer shall thereupon be deemed removed from sueh office. The Council shall canvass the returns of such election and declare the result in like manner as in a General Municipal Election. If the vote at any such recall election shall recall the officer, then the candidate who has received the highest number of votes for the office shall be declared elected for the remainder of the term. In case the person who received the highest number of votes shall fail to qualify within ten days after receiving the certificate of election , the office shall be deemed vacant. Sec. 20-22. Proceedings for the recall of any officer shall be deemed pending from the date of the filing of the notice of intention to circu- late a petition for the recall of such officer. Sec. 20-23. In the event that any officer should resign while proceed- ings for his recall are pending, but before the petitions for his recall have bcen filed with the City Clcrk , then the City Council shall fill the vacancy caused by such resignation by appointment. The person so appointed to fill such vacancy shall serve until the Third Tuesday in April following the next General Municipal Elec- tion; provided , however, that if a Special Municipal Election be called as hereinafter provided , then .such appointee shall hold office I only until the person elected at such Special Municipal Election shall qualify. , notwithstanding such resignation , and within the time limited in Sections 20-10 and 20-, the proponents of the recall file sufficient petitions for the recall , then the Council , upon receipt of the petition accompanied by the Clerk's certificate, as provided in Section 20- must forthwith call a Special Municipal Election to elect a successor for the unexpired term of the officer thus resigned , which election shall beheld not less than thirty-five days nor more than forty-five days after the calling of such election. In the event that the officer whose recall is sought should resign his office, or a vacancy occur in said office, after a petition for his recall is filed, the election shall nevertheJe&s proceed if already called as provided in Section 20-16. In such contingency the vote on the ques- tion 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 election has not been callcd , the Council must nevertheless forthwith call a Special Municipal Election to elect a successor to the office thus left vacant , who shall serve for the bal- ance 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. 20-27. This article shall be liberally construed to promote the objects thereof, and no error , omission or irregularity not affecting the substantial rights of any citizen or public official shall ever be held to invalidate any proceedings taken under this article where the require- ments of this article have been substantially complied with. ARTICLE XXI Initiative and Referendum Sec. 21-1. The Initiative and Referendum may be exercised by the qualified electors of the City in the manncr provided by general law. ARTICLE XXII 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 Rerson who has been recalled or who has resigned from office while recall proceedings were pending against him shall be appointed to or become a candidate for any City offce within one year after such resignation or recalL Sec. 20-26. The performance of the acts required by this article to be performed by the City Clerk , the Council , or any other officer , is hereby declared to be mandatory on such officers. The failure of any such officer to perform any of said acts within the time herein speci- fied shall not invalidate or terminate such proceedings but the time for the performance of any subsequent act shall be extended for a period equal to the period of delay. Miscellaneous Sec. 22-1. No officer or employee of the City shall: (A) Become financially interested , except by testate or intestate suc- cession, either directly or indirectly, in any contract or sale , purchase lease or transfer of real or personal property to which the City is a party, or be employed by any public service corporation regulated by or holding franchises in the City. No officer or employee shall be deemed to be financially interested by the ownership of less than five per cent of the outstanding capital stoek of a corporation. (B) Give , accept or promise anything of value for the purpose of procuring a nomination , appointment , election or employment. (c) Knowingly mislead any bidder by giving or withholding infor- mation. A willul violation of any of the foregoing provisions shall consti- tute misconduct. Sec. 22-2. Any contract or sale, purchase, lease or transfer of real or personal property to which the City is a party and in which any officer or employee of the City is financially interested , directly or indirectly, except as provided in Scc. 22-1 (A), shall be voidable at the election of the Council. Sec. 22-3. Every officer or employee who shall approve , allow or pay any demand on the Treasury, knowing that the same is not au- thorized and legally due, shall be liable to the City individually, and on his official bond for the amount of the demand so ilegally ap- proved , allowed or paid. Sec. 22-4. Any person convicted of a felony or misconduct in office shall forfeit his office or position of employment. No person who shall have been convicted of a felony or misconduct in offce shall ever hold any office 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 officers thereof shall be oRen to public inspection during usual business hours , unless 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 , and the additional sum of twenty-five cents for each certification. Sec. 22-7. Traveling expenses shall not exceed actual cost of trans- portation , plus a reasonable per diem allowance, the latter to be fixed annually by the Council uniformly for all officers and employees. Trav- eling expenses , except for routine duties , shall be allowed only if authorized by the Council. Sec. 22-8. All public offices , except where otherwise provided by law, shall be open for business every day, except holidays , from 9: 00 M. to 5: 00 P.) subject to the power of the Council to increase such hours for the necessary accommodation of the public. Sec. 22-9. The compensation of elective officers of the City shall not be increased or decreased during their respective terms of office. This section shall not prohibit the increase or decrease of compensation of assistants or deputies. Sec. 22-10. The Council and all Boards of the City shall have power to accept gifts and trust and control , manage , dispose of and otherwise administer the same in accordance with the terms thereof. column following shall be deemed to be the successors to the Boards and members thereof named in the second column following. All in- cumbents and members of Boards in the second column at the time this charter takes effect shall immediately assume and continue to hold the successor office 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 Public Utilities Com- mISSIoners. Social Service Board , successor to Board of Social Service. Sec. 23-6. The adoption of this charter shall not affect the courts established by law and now existing in the City. AR TI CLE XXIV ARTICLE XXIII OfT-Street Vehicular Parking Sec. 24-1. DEFINITIONS. The following terms whenever used or referred to in this Article , or in any resolution of issue , shall have the following meanings , respectively, unless a different meaning appears from the context. (A) BONDS. The term "bonds" or "revenue bonds " means the written evidence of any obligation issued by the City, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this Article , in order to obtain funds with which to carry out any of the purposes of this Article , irrespective of the form of such obligation. (B) PROJECT. The term "project " means anyone or more off- street vehicular parking facilities referred to in Section 24-2 and desig- nated by the City as a project in a resolution of issue. (c) EXISTING OFF-STREET PARKING FACILITIES. The term "existing off-street parking facilities " means and includes any off- street vehicular parking facilities now or hereafter owned by the City and operated or controlled by the City at the time of adoption of a resolution of issue and not theretofore designated by the City as project in a resolution of issue and not acquired , constructed , estab- lished , improved , extended , maintained or operated , in whole or in part, from the proceeds of sale of any revenue bonds. (D) REVENUES. The term "revenues " means and includes any and all rates, fees and other charges rcceived or receivablc in connec- tion with , and any and all income and rcceipts of whatever kind and character derived by the City from, the operation of a project , or aris- ing from a project, including any such revenues as may have been or may bc impounded or deposited in any fund created for thc security or further protection of revenue bonds or for the purpose of providing for the payment of the principal thereof or the interest thereon. The term "revenues" also includes net revenues from on-street parkin" meters within the City now owned or controlled or hereafter acquire or controlled by the City and net revenues of any existing ofT-street parking facilities to the extent that the same shall be pledged or other- Sec. 22-11. All real property acquired by the City shall be held in the name of "City of Alameda. Schedule Sec. 23-1. This charter shall take effect on July 1 , 1937. Sec. 23-2. All ordinances, resolutions and orders in force at the time this charter takes effect shall so remain in full force and effect unless contrary to the provisions hereof, subject to repeal and amendment. Sec. 23-3. All offcers and employees of the City at the time this charter takes effect shall continue in office for the remainder of their respective terms (if fixed) or until removed as herein provided (if for an indefinite term), subject to all the provisions of this charter. Sec. 23-4. All members of the Board of Public Utilities Commis- sioners elected in the year 1934 for four-year terms shall hold office until June 30, 1939, and all members of said Board elected in the year 1936 shall hold office until June 30 1941. Of the vac ancies occur- ring June 30 , 1939 , one shall be succeeded to by the CIty Manager one shall be filled by appointment for a term of four years and one by appointment for a term of one year , and the vacancies occurring June 30, 1941 , shall be filled , one by appointment for a term of four years , and one by appointment for a term of one year. Upon taking effect of this charter , the City Manager shall become ex-officio a member of the Public Utilities Board with full partici- pating and voting power. See. 23-5. The Boards and members thereof named in the first (c) I PROVEMENTS. To improve any lands so acquired by the constructIOn thereon of garages or other buildings or improvements necessary or convenient for any project. (D) CO OL OF PROJ T. To construct , establish , improve extend, mamtam , operate, admII1ster , lease and sublease any project; (E) RATES , FEE ND C ARGES. To fix rates , fees or charges for the use of the facIlItIes provIded by any project , or for any services rendered in connection therewith , and to alter , change or modify the same at its .pleasure , subj ct to . any contractual obligation which may be entered mto 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 c?venants to increase rates , fees or charges from time to time; pro- vIded , however , that any person shall be permitted to use or operate any faciliti s provided by any project only upon payment of the regu- larly establrshed charge therefor , except as may be otherwise specifi- cally I?rovided. in a resolution of issue. All rates , fees and charges shall be paId only m 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 funds for the pur- pose of es a?lishing any project or of acquiring lands for any project or of acqUInng, constructing, completing, improving, extending main- tain ing, operating or ad stering any project , or of refinan ing any proJect , or for any combmatron of such purposes , which bonds may be secured as hereinafter provided; (G) CONTRACTS AND LEASES. To make contracts , leases , sub-leases and agreements relative to the acquisition, operation or mainte- nanc e of any project or any part of any project with any person or publIc corporation , politicalsubdivision city, county, district, the State of California , or the United States of America, or any department or agency of a?y thereof, subject to any contractual obligation which may be entered mto by the City with respect to the issuance of bonds; (H) LEASES OF SPACE FOR COMMERCIAL PURPOSES. To !ease for commer purposes space in any project which in the opin- Ion of theCouncII IS not and will not during the term of such lease be reqUIred for off-street vehicular parking facilities , provided that the aggregate of all such space so leased at anyone time in any project shall not exceed 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; (1) RULES AND REGULATIONS. To adopt such rules and reg- ulatIOns as may be necessary regarding the operation and maintenance of any projec t and to enable the City to exercise the powers and per- form the dutIes conferred or imposed by this Article; and (J) MISCE LANEOUS. To do any and all acts or things neces- sary or approprIate to carry out the purposes of this Article and the provisions, covenants and agreements contained in any resolution of issue adopted pursuant to the authority conferred by this Article; pro- wise made available for the payment of operation and maintenance costs of any project or as security or further protection for bonds by a resolution of issue. (E) NET REVENUES. The term "net revenues " when used with reference to on-street parking meters within the City means and in- cludes 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 term "net revenues " when used with reference to any existing off-street parking facilities means and includes the gross revenues collected by the City during any fiscal year from the establishment and operation of such existing ofT-street park- ing facilities after deducting therefrom the actual necessary expenses of maintaining and operating such facilities , calculated on s d ac- counting principles , but without any allowance for deprecIatIOn or obsolescence. (F) RESOLUTION OF ISSUE. The term "resolution of issue means any agreement entered into by the Council , including any reso- lution adopted by the Council , pursuant to .which revenu bonds are issued' and includes any agreement entered mto or resolutron adopted by the' Council amending, modifying or supplementing a resolution of issue irrespective of the form thereof. Sec. 24-2. GENERAL. The City, in addition to all other powers elsewhere enumerated in this Charter or granted to it by the Constitu- tion or laws of the State of California , shall have power to acquire (whether by purchase , lease, eminent domain , or otherwise), construct establish , improve, extend , maintain , operate , administer , lease and sub-lease off-street vehicular parking facilities and places within the City, including any and all public parking lots, garages or other auto- motive parking facilities , in order to relieve traffic congestion and pro- mote the welfare of the citizens and inhabitants of the City, and , for the payment of the cost thereof , to issue bonds payable from the rev- enues of any such off-street vehicular parking facilities and from other revenues , all as hereinafter provided in this Article. Sec. 24-3. GRAN'r OF POWER. Without limiting the generality of Section 24-2, the Council of the City for any of the purposes of this Article shall have the powers set forth in this section , as follows: (A) ACQUISITION AND DISPOSITION OF PROP RTY.. To acquire , by grant , purchase , gift, devise , lease or by the exercls of fIght of eminent domain and to hold , use , sell , lease, sublease or dIspose of any real or persona l property or any interest in any thereof , including rights-of-way, necessary or appropriate for the full exercise , or con- venient or useful for the carrying on , of any of its powers pursuant to this Article; (n) ACQUISITIONS FOR PROJECT INGRESS AND EGRESS. To acquire , by any of the means specified in the foregoing . clause (A), any lands , property or rights-of-way necessar or convement for the eninO" wideninO" strai htenill!! and extendm!! of streets or alleys 0' \:' ('- necessary or convenient for ingress to or egress from any proJect; See. 24-7. PROVISIONS RELATING TO BONDS. The follow- ing provisions shall govern and apply to (1) all revenue bonds issued pursuant to this Article and (2) each resolution of issue relating to the bonds thereby authorized: (A ) DATE OF BONDS. Bonds shall bear dates prescribed by the resolution of issue. (B) MATURITY. Bonds may be serial bonds or sinking fund bonds with such maturities as shall be provided in the resolution of issue. o bond by its terr~s shall mature in more than forty (40) years rom Its own date and, 1I the event any authorized issue is divided mto two or more series or divisions , the maximum maturity date of each s ch series or division shall be calculated from the date on the face of each bond separately, irrespective of the fact that different ates may be prescribed for the bonds of eaeh separate series or divi- SIOn of any authorized issue. (c). INTERES'I'. Bonds shall bear interest at a rate of not to ex- ceed SIX (6) per cent p r annum , payable annually or semi-annually, or 1I part annually and m part seIm-annually. (D) COUPON OR REGISTERED BONDS. Bonds may be issued coupon bo ds or as registered bonds. A resolution of issue may pro- vId for the mterchange of coupon bonds for registered bonds and regIstered b onds for coupon bonds, and may provide that the bonds shall be regIstere d as to principal only, or as to both principal and in- terest , or otherwIse as the resolution of issue shall prescribe. (E! . REDEMPTION. Bonds may be callable upon such terms and cOl;-dItlOns and upon such notice as the resolution of issue shall pre- sCrIbe and upon payment of such premium (not exceeding six per cent (?%) of. the par value of such bonds) as may be fixed in the olutIO of Lssue. No. bond shall be subject to call or redemption prIor to ItS fixed matunty date , unless the right to exercise such call expressly stated on the face of the bond. (F) SOURCE OF PAYMENT. All revenue bonds shall be pay- able exclusively from revenues. (0) REFERENCE ON BONDS TO RESOLUTION OF ISSUE. erence on the . fac of a :-(:venue bond to the resolution of issue by Its date of adopt :onIs . sU IcIent to incorporate all of the provisions thereof and of thIs Article mto the body of said revenue bond and its appurtenant eoupons. Each taker and subsequent holder of a revenue bond o coupons , whether such coupons are attached 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 contain a :ecital on their face that ne ther the payment of principal of nor of terest on such bonds , constItutes a debt , liability or obligation of the CIty, except as provided in this Article. (Ii PLACE AND MANNEJ: OF PAYMENT. The principal of d mterest on bonds may be paId at anyone or more places within or wIthout t e State of CalifofI ia and in any specified coin or currency of the Umted States of Amenca , as may be provided in the resolution of issue. (J) EXECUTION AND AUTHENTICATION OF BONDS' VALIDITY OF SIGNATURES AND COUNTERSIGNATURES: Bonds may be executed in the name and on behalf of the Citv and der its s . an authenticated by the manual , lithograph d or prInted facsmllle sIg ature of any officer or officers of the City and may also be authentIcated by a trustee or fiscal agent appointed by vided that nothing in this Section or elsewhere in this Article contained shall be construed directly or by implication to be in any way in de- rogation or in limitation of any powers conferred upon or existing in the City by virtue of the provisions of the Constitution or laws of the State of California or any other provision of this Charter. Sec. 24:-. PLEDGE OF NET PARKING METER REVENUES. In addition to all other powers elsewhere enumerated in this Article the Council shall have power to pledge , place a charge upon, or other- wise make available and authorize payment of all or any part of the net revenues collected by the City from the establishment and opera- tion of (A) on-street parking meters within the City now owned or controlled or hereafter acquired or controlled by the City and (B) existing ofT-street parking facilities , for such periods of years as shall he 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 protection for the payment of principal of and interest on bonds issued pursuant to this Article. See. 24-5. ISSUES OF BONDS; SERIES AND DIVISIONS. 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 divi- sions and fix differCIt 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 bc of the same kind or character, have the same security, or he of the same intcrest rate , but the terms thereof shall in each case be provided for by the Council by a resolution of issue at the time of or prior to the issue thereof. See. 24-6. AUTHORIZATION OF REVENUE BONDS. Each issue of rcvenue bonds shall be authorized by the Council by a resolu- tion of issue adopted by affrmative votes of at least four-fifths ( 4 j5ths) of the members of the Council at a duly assembled meet- ing. Resolutions of issue shall provide for the aggregate principal amount, date or dates , maturities, interest rates , denominations and forrn , and may provide for the registration , transfer and interchange of any revenue bonds and coupons issued pursuant to this Article; and shall prescribe the purpose or purposes for which said bonds are to be issued and the terms and conditions on which said bonds are to be executed , issued , secured, sold and paid , and , if desired , the terms and conditions on wh'ch said bonds 111ay be redeemed prior to maturity or refunded. the Council , and the seal of the City may be affixed to the bonds by printed , lithographed or other reproduction there , all as may be provided in the resolution of issue. If any of the offIcers whose sI na- tures or countersignatures appear on the bonds cease to be offIcers before the delivery of the bonds or coupons to the purchaser thereof their signatures or countersignatures shall nevertheless b vah and . of the same force and effect as if such officers had remaIned In offIce until the delivery of the bonds and coupons. (K) ISSUANCE OF TEMPORARY BONDS. Pending the actual issuance or delivery of definitive bonds , the Council may issue tempo- rary or interim bonds , certificates or receipts of any denomin t!ons whatsoever , and with or without coupons , and with such provIsIOns as the Council shall determine , to be exchanged for definitive bonds when ready for delivery. In the absence o express re ital 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 , MUTILATED OR STOLEN BONDS. Lost , destroyed, mutilated or stolen bonds or coupons may be rcplaced as provided in the resolution of issue. (M) SECURITY. All revenue bonds shall be secured by an ex- clusive pledge and charge upon all or a portion of (A) the gross r enues 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 xisting. off- street parking facilities, all as provided for in the resolutIOn of Issue. Gross revenues of a project include improvements and extensIOns of such project later constructed or acquired. The pledged porti . of the gross revenues of the project and all pledged on-street park ;ng met r revenue,s and pledged revenues of existing off-street parkm facilities and a1l interest earned on a1l pledged revenues shall constr- tute a trust fund for the security and payment of the principal of and interest on the bonds and so long as any bonds or interest thereon are unpaid said revenues and interest shall ~ot be sed for any ot er pur- pose; provided , however , that a resolutIOn of Issue may provIde that if the principal of and interest on the bonds and a1l charg s to pro- tect and secure them are paid when due , amounts for the mamtenance 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 other lawful purpose or purposes of the City may be appor!ioned from said revenues and intcrest but only to the extent specIfied In the reso- lution of issue. (N) BONDS OF SAME ISSUE TO BE EQUALLY SECURED. Bonds of the same issue shall be equa1ly secured by a pledge and charge upon revenues , without priority for n mber , date f bonds , . of sale , ?f execution , or of delivery; except that If the CouncIl authorIzes the is- suances of bonds of different series it may provide that the bonds of any series shall , to the extent. and in the m er f:rescribe in resolution of issue , be subordInated and be JUI1or m standmg wIth respect to the payment of principal and interest and the security hereof to such other bonds as may be specified in the resolution of Issue. (0) REFUNDING BONDS. The Council may provide for the issuance , sale or exchange of refunding bonds for the purpose of re- deeming, retiring or refunding any revenue bonds issued under this Article , subject to any limitations contained in the resolution of issue pursuant to which such revenue bonds are issued. All provisions of this Article applicable to the issuance of revenue bondssha1l be appli- cable to the refunding bonds and to the issuance , sale or exchange thereof. Refunding bonds may be issued in a principal amount suffi- cicnt to providc funds for the payment of all bonds to be refunded thereby, and , in addition , for the payment of all expenses incident to thc calling, retiring or paying of such outstanding bonds and the issu- ance of such refunding bonds. Such expenses may include the differ- ence in amount between the par value of the refunding bonds and any amount less than par for which the refunding bonds are sold , any amount necessary to be made available for the payment of interest upon such refunding bonds from the date of sale thereof to the datc of payment of the bonds to be refunded, or to the date upon which the bonds to be refunded will be paid pursuant to call thereof or agree- ment with the holders thereof, and also the premium , if any, necessary to be paid in order to call and retire the outstanding bonds and the interest accruing thereon to the date of ca1l or retirement. (p) VALIDITY OF BONDS NOT AFFECTED BY ACTIONS OF CITY RELATIVE TO PROJECT The validity of thc authoriza- tion 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 acquisition, construc- tion or completion of any project; or (iii) The failure to complete any project for which bonds are authorized to be issued. See. 24-8. SALE OF BONDS. Before selling any bonds the Coun- cil 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 received 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 interest 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 IN- TEREST AND CREATION OF FUNDS FROM PROCEEDS OF SALE OF BONDS. All costs and expenses incidental to the issuance and sale of bonds , including (without limiting the generality of the foregoing) the cost of preparation of the bonds and coupons , the cost of all surveys , of preparation of plans and specifications, of all archi- tectural , engineering, inspection , legal , financial and economic con- sultant's , trustee s and fiscal agent s fees, the creation of a bond reserve fund, the creation of a working capital fund , and bond interest esti- mated to accrue during the period 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 proceeds of sale of the bonds. Sec. 24-10. PROVISIONS RELATING TO RESOLUTIONS OF ISSUE. The following provisions shall govern and apply to each reso- lution of issue adoptcd by the Council: (A) CONSTRUCTION FUND; INVESTMENT. A resolution of issue may provide that the proceeds of sale of all revenue bonds au- thorized thereby shall either be deposited in a fund separatc and apart from all other funds of the City or paid direct to any bank or trust company designated by the Council as the fiscal agent of the City, and that said proceeds shall be held by the City or such fiscal agent in a separate account to be designated the "Construction Fund" and be disburscd in the manner and upon the conditions provided in the reso- lution of issuc for the object and purpose of the acquisition , construc- tion and completion of the project 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 invested as the Council in its sole discretion shall determine , subject only to such limitations as may be provided in the resolution of issue. A resolution of issue may provide that any moneys in a construction fund remaining unexpcnded after said object and purpose shall have been completed shall be applied to the pay- ment of the principal of and interest on said bonds , and that none of said moneys shall be transferred to any other fund of the City or used for any purpose other than as specified in the resolution of issue. (n) CONTINUOUS OPERATION OF PROJECT; REPAIRS RENEW ALS AND REPLACEMENTS. A resolution of issue may provide that, so long as any bonds thereby authorized shall be out- standing, the City shall operate the project designated in the resolu- tion of issue continuously and in an efficient and economical manner and in good working order and condition and shall make all neces ary repairs, improvements and replacements. (c) RATES , FEES AND OTHER CHARGES. A resolution of issue may provide that the Council will prescribe , revise and collect rates , fees and charges (i) for use of the facilities provided by the project acquircd , 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 parking facilities any revenues from which are pledged to secure the bonds. A resolution of issue may provide that such rates , fees and charges shall at all times be sufficient to yield revenues from the project and net revenues from such on-street parking meters and existing off-street parking 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 :quired for any sinking fund , re,serve fund or other special fund pro- vIded 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 sufficient to provide funds to meet all obligations specified in the resolution of issue. (D) HOLDING AND APPLICATION OF REVENUES. A reso- lution 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 SECURITY 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 he hol ders thereof an d to war:ant and defend such rights. A reso- lutIOn of Issue may reqUIre the CIty to pay and discharge or cause to . paid and discharged all lawful claims for labor , materials and sup- pIres or other charges which , if unpaid , might become a lien or charge upon revenues , or which might impair the security of any bonds issued for the acquisition , construction or completion of any project. A reso- lution of issue may limit , restrict or prohibit, except ' upon such terms and conditions as may be provided therein , any right, power or privi- lege of the City to mortgage or otherwise encumber, or to sell , lease ?r di pose f a project or to enter into any lease or agreement which Impam or Imped ?S the operation of a project or of any part thereof essary to pro Ide adequate revenues , or which otherwise impairs or Impedes the nghts of the holders of the bonds with respect to such revenues. (F) PROCEEDS OF PROJECT TAKEN BY EMINENT DO- MAIN. A resolution of issue may provide that if any part of a project shall be taken by eminent domain or other proceeding authorized by law , the proceeds to the City therefrom shall be applied to the replace- ment of such project or to the payment and retirement of the bonds issued pursuant to such resolution of issue , or as otherwise set forth in said resolution of issue. . (G) INSURANCE. A resolution of issue may specify or limit the s and amounts of insurance to be maintained 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 propcrty damage and against loss by fire or any other hazard , as may be provided in a y resolution of issue), and may provide for the pay- ment of the premIUms thereon , and may specify the use and disposition of proceeds of any such insurance thereafter collected. (J) COMPETITIVE PROJECTS. A resolution of issue may con- tain a covenant that the City shall not, while any revenue bonds authorized by this Article are issued or outstanding, acquire , construct complete or maintain within the City or pcrmit any person to maintain on any City-owned property within the City any off-street vehicular parking facilities or places , excepting those therein described , which compete in any way with any project or which are similar to any off- street .vehicular parki g facilities or places maintained or operated by thc CIty through the Issuance of revenue bonds pursuant to this Ar- ticle. A resolution of issue may except from the covenant authorized to ?. made by this section a y and all off-street vehicular parking facIbtIes then or thereafter mamtained by the City. (K) LIMITATION ON ADDITIONAL INDEBTEDNESS. A :esolution of issue m y limit or restrict the incurring of additional debtedness payable m wh?le or in part from the revenues charged wIth payment of the bonds lssued pursuant to such resolution of issue. N"!S?F DEFAULT. A r solutio n of issue may designate e rIghts, lrmItatIons, powers and dutIes arismg upon breach by the CIty of any of the covenants , conditions or obligations therein con- tained , and may provide thc terms and conditions upon which all ?ds issued thereunder may be declared or become due and payable prIor to maturity and the terms and conditions upon which sueh declaration and its consequences may be waived. (M) AMENDMENT OR MODIFICATION OF RESOLUTION ?F ISSUE. A reso!c:tion 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 hold- ers of a specified principal amount or proportion of the bonds issued and outstanding, including provision for meclings with bondholders d themanne~ in w ich 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 o all of the bond,sand interest coupons appertaining thereto. . 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 amcndment or modification. (N) USE OF SURPLUS. After all of the revenue bonds issued pursuant to a resolution of issue shall have becn fully paid or dis- charged, or provision for t?eir payment and discharge irrevocably made, any surplus moneys m any construction fund or other fund provided for the security or further protection of the bonds shall sub- ject to the limitations nd restrictions in said resolution of issu , be- come and be the propcrtv of the City and be used bv the City for anylawful purpose. . . (0) ADDITIONAL COVENANTS AND AGREEMENTS. A resolution of issue may provide for such other acts and matters and may include any nd all such additional covenants and agreements on the part of the CIty as the Council shall deem necessary or advisable. Sec. .24-.1 1. RIGHT OF ONDHOLDERS. Except as provided otherwIse I~ any resolutIOn of Issue , the holder of any bond issued pur- uant to hIs Artrcle may be mandamus or other appropriate proceed- mgs reqUIre . and compel t performance of any of the duties imposed upon the CIty or any offICIal or employee of the City or assumed by any thereof in connection with the acquisition , const uction , comple- (II) BOOKS , RECORDS AND ACCOUNTS. A resolution of issue may provide: (i) that the City will keep accurate books and records of account showing all revenues received from thc operation of any project and all expenditures thereof , and all revenues from on-street parking meters and existing off-street parking facilities pledged or otherwise made available as security or as further protection for the bonds issued pursuant 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 representatives; (iii) that annual or other periodic statements of the condition of such project and of all of said other revenues will be furnished to the holders of the bonds; (iv) that summaries of all such statements will be published at least annually in the oflicial newspaper of the City, and ( v) that the books and records of the City pertaining to the opera- tion of any project and to all of said othcr revenues shall be audited by independent public accountants in such manner and under such circumstances as may be set forth in said resolution of issue. (r) TRUSTEE; FISCAL AGENTS; PAYING AGENTS. A reso- lution of issue may designate a bank or trust company, 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 holdcrs of the bonds such rights and remedies as may bc available to the holders. A resolution of issue may authorize the Cityto 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 reso- lution 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 revenucs deposited with it by or by authority of the City. A resolution of issue may prescribe the duties and powers , if any, of any such trustee , fiscal agent or paying agent with respect to the issuance authentication , sale and delivery of the bonds , the payment of the prin- cipal , thereof and interest thereon , the redemption thereof, the regis- tration and discharge from registration of bonds and the management of any funds provided for in thc resolution of issue as security for the bonds. tion , operation , maintenance, repair , reconstruction or insurance of any project , or the collection , depo.sit , investment , application and dis- bursement of rates , fees and charges derived frorn the operation and use of any project and all othcr 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. INDEX ACCOUNTANT See Certified Public Accountant Auditor as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sec. 24-12. ARTICLE CONFERS COMPLETE AUTHORITY; PROVISIONS OF ARTICLE ALTERNATIVE. 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 proce- dure, or proceedings , consents , approvals , orders or permission from any municipal officer or board of the City shall be required for the acquisition , construction or completion 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 completion of projects and the issuance of revenue bonds shall be deemed an additional method for acquiring, constructing and completing such projects and providing funds there- for; provided that the City may, in its discretion , acquire any propcr- ties for off-street vehicular parking facilities and issue general obliga- tion bonds of the City therefor , subject , however, to the condition that the City shall not , while any revenue bonds authorized by this Article are issued and outstanding, acquire, construct or complete any off- street parking facilities, other than those specifically described in a resolution of issue pursuant to the provisions of paragraph (J) of Sec- tion 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 Ar- ticle shall not be taken into consideration in determining the bonded indebtedness which the City is authorized to incur and shall be ex- cluded from any limitation provided by this Charter or by law on the amount of bonded indebtedness of the City. (Amended by Vote of People March 8 , 1955. ADVERTISING Bids, Calling for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bulletin in Lieu of. . .. ........................ Official Newspaper, Council to designate.. . . . . . . . . . Publication of Ordinances. . . . . . . Public Utilitics Board. . .. . . . . . . . :: : :: : ::: : :'. ::: : ASSESSOR Auditor as ex-offcio. . . . . . . . . . . . . . . . . . . . . . . . . . . , Duties, Auditor to perform. . . . . . . . . . . . . . . . . . . . . . . AUDITOR Accountant for City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Accounts, keeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bookkeeping system. . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificate to Council.. . . . . . . . . . . . . . . . . . . . . . . . . . Certificate to Treasurer. . . . . . . . . . . . . . . . . . . . . . . . . . Contracts , endorsement. . . . . . . . . . . . . . . . . . . . . . . . . Counting moncy in treasury. . . . . . . . . . . . . . . . . . . . . . Custody of books. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Demands , payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputies and employees. . . . . . . . . . . . . . . . . . . . . . . . : ::d . : : : : : : '. : : : : : '. : : : : : : : : : : : : : : : : : : : : : : : : : Emerge cy Revolving Fund. . . . . . . . . . . . . . . . . . . . . . Ex-offcIO Assessor............................. Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancy, dcpu ty to fill. . . . . . . . . . . . . . . . . . . . . . . . . . Warrants , payment. . . . . . . . . . . . . . . . . . . . . . . . . . , . . BIDS Expenditures over $1 000. . .. .. . . . . .. . . . . . . . . .. . . Misleading bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offcial Newspaper. . . . . . . . . . . . . . . . . . . . . . . . . . . . Resident, preference. . . . . . . . . . . . . . . . . . . . . . . . . . . : Revcnue Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BOARD OF EDUCATION See Boards Appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 10- Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10- General law applicable. . . . . . . . . . . . . . . . . . . . . . . . .. 11-Powers and duties. . .. ... .. . . .. .. . .. . .. . .. . .. . .. 11- Terms of offce................................ 10- 2 4-1 Section 12-2 (n) 17- 17- 22-1 (c) 24- Page BOARDS Section Action , vote required. .., ... ... ... ... ... ... ..... 10- Board of Education , membership. . .. . .. ... .. . . ... 10- Board of Education , powers and duties. ... . .. .., .. 11- Budget, submitting. . . . . . . . . . . .. . . . . . . . . . . . . . . .. 17- City Attorney lcgal advisor. . . . . . . . . . . . . . . . . . . . . .. 8. City Manager Purchasing Agent for. . . . . . . . . . . . . . . 7 -2 (D) City Planning Board , membership. . .. . . . .. . ... .... 10- City Planning Board , powers and duties. .. . ... .. . " 14. Civil Service Board , membership. ... ... .. . . .. . .. " 10. Civil Service Board , powers and duties. . . . . . . . . . . .. 13-Compensation for positions under. .. . .. . ... .. . .. .. 10- Compensation for members.... ... .. . . .. ... .. . ... 10. Councilmen as members. . . . . . . . . . . . . . . . . . . . . . . . . 3. Establishment of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10- Gifts , power to accept. . . . .. . . . . . . . . . . .. . . .. . .. " 22- Library Board , membership. .. . .. . .., . . . .. . ... ... 10- Library Board , powers and duties. . . . . . . . . . ., . . . .. 16. Members , must be electors. ... ... ... " . ... ... .... 10- Members , qualifications. . .. . .. ... .. . ., . . .. ... ... 10- Members , as offcers of City. . . . . . . . . . . . . . . . . . . . . . 2. Oaths, power to administer. . . . . . . . . . . . . . . . . . . . . . 2- Offcers, selection. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10- Powers, may be conferred by Council. . . . . . . . . . . . .. 3- Public Utilities Board , membership. . . . . . . . . . . . . . " 10. Public Utilities Board , powcrs and dutics. ... ... . ... 12- Rcmoval of members. . . . . . . . . . . . . . . . . . . . . . . . . . " 10- Rules, cstablishing ............................. 10- Social Service Board , membership. . . . . . . . . . .. . . . .. 10- Social Service Board , powers and duties. .. . ... ... .. 15- S uceessor boards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 23-Vacancy, appointment. . . . . . . . .. . . . . . . . . . . . . . ... 10- BONDS Certified Public Accountant to examine. . . . . . . . . . . . City Attorney to approve. ... ... ... .. . . . . ... .. . .. Council to fix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Issuance of Revenue. .. . ... .. . .. . . .. . .. .. . ... .. . Offcial , failure to file. . . . . . . . . . . . . . . . . . . . . . . . . . . Premiums paid by City. . . . . . . . . . . . . . . . . . . . . . . . . . Provisions relating to Revenue. ... .. . . . . . . . .. . .. . . Revenue excluded from Bonded Indebtedness of City. . . . . . . . . . . . . . . . . . . . . . . . . . Unauthorized payments , liability on. . . . . . . . .. . . . . . BOUNDARIES OF CITY ....... .., *....,............ BUDGET See Finance and Taxation CERTIFIED PUBLIC ACCOUNTANT Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to administer oaths. . . . . . . . . . . . . . . . . . . . . . . Public Utilities Board reports. . . . . . . . . . . . . . .. . . . . . CHARTER , Effective Date. . . . . . . . . . . . . . . . . . . . . . . . . . ., 23- CHIEF OF FIRE DEPARTMENT See Fire Department Appointment and Removal. .. . . .. .. . . . . . .. .. . ., 7 (c) 7 (E) 24-3 (F) 7 (E) 24-7 (A-P) 24. 22. 7 (e) 7 (c) 12-4 (B) , 7- Page CHIEF OF POLICE See Police Department Appointment and RemovaL... . . . . . . . . . . . . . . . . . . Legal process, execution. . . . . . . . . . . . . . . . . . . . . . . . . CITY ATTORNEY Appointment and Removal. . . . . . . . . . . . . . . . . . . . . . . Bonds, approval.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compemation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contracts , approval....................... . . . . . Deputies and employees. . . . . . . . . . . . . . . . . . . . . . . . . Deputy to fill vacancy. .. . . . . . . . . . . . . . . .. . .. ... . Duties . . . . . . . . .. ................,.. ........ Legal advisor for City. . . . . . . . . . . . . . . . . . . . . . . . . . . Ordinances , drafting.... . . . . . . . . . . . . . . . . . . . . . . . Qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Special legal counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . CITY CLERK Appointment and Removal...................... Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Custody of contracts , etc........ . . . . . . . . . . . . . . . . Deputies and employees.. . . . . . . . . . . . . . . . . . . . . . . . Deputy to fill vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oaths , administering. . . . . . . . . . . . . . . . . . . . . . . . . . . Ordinances , attesting. . . . . . . . . . . . . . . . . . . . . . . . . . . Records of City, keeping. . . . . . . . . . . . . . . . . . . . . . . . CITY ENGINEER Appointment and Removal. . . . . . . . . . . . . . . . . . . . . . . Duties , qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . Employees, discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . Strect Superintendent, consolidation. . . . . . . . . . . . . . . CITY MANAGER Absence or disability of. . . . . . . . . . . . . . . . . . . . . . . . . Appointment. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . : Boards, investigating proceedings. . . . . . . . . . . . . . . . . Budget, preparation ................,........... Budget, submitting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief Administrative Offcer..................... Chief of Fire Department, appointment. . . . . . . .. Chief of Police , appointment............. . . . . . . . City Engineer, appointment. . . . . . . . . . . . . . . . . . . . . . City Physician , appointment. . . . . . . . . . . . . . . . . . . . . . City Planning Director, appointment. " . . .. . . . . . . . Contracts, enforcement. . . . . . . . . . . . . . . . . . . . . . . . . Council meetings , attendance. ., . . . . ... . ., .. . .. . . Counting money in treasury.... . . . . . . . . . . . . . . . . . Emergency Revolving Fund. . . . . . . . . . . . . . . . . . . . . . Employees , appeal on discipline. . . . . . . . . . . . . . . . . . Employees , rules for. . . . . . . . . . . . . . . . . . . . . . . . . . . . Fire Department, appointments in. '" ... ... ... ... . Franchises, performance. . . . . . . . . . . . . . . . . . . . . . . . Ful! time , devoting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Golf Courses , supervision. . . . . . . . . . .. . . . . . . . . . . . . Health Offcer, appointment.... .. . .. . . . . .. . . .. .. Influencing or interfering with. . . . . . . . . . . . . . .. Offcers and employees , supervision. ... . .. . . . .. . .. Parks , supervision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Department, appointments in. . . . . . . . . . . . . . . Police Secret Fund........ . . . . . . . . . . . . . . . . . . . . . Section 1 (c) 1 (E) 1 (D) 1 (c) 3. 7. 7 (H) 2 (M) 2 (L) 17- 7 - 3, 7- , 7. 11. 2 (H) 2 (E) 17- 17- 2 (0) 2 (K) 2 (H) 2 (N)2 (I) , 7- 1:2 (e) 2 (I) 2(K) 17. Page t 2 1 ! , 11 , 11 , 11 , 11 CITY MANAGER-(Continued) Section Policies recommending to Council. """ ...... ... 7-2 (I") Powers 'and duties. .. : ... ... ...... ... ... ... ... " 7- Public property, supervision. ... ... ... ... ... ... ... 7-2 (I) Public Utilities Board, member. .. . . . . . . . . . . . . . . " 10-23- Purchasing Agent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 - 2 (D) Qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7- Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2- Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2- Social Service Board , member. . .. . . . ... . .. . .. .. .. 10- Street Superintendent , appointment.... . . . . . . . . . . . 2-, 7- Technical advisory experts. . .. . .. . .. . .. . . . . .. . .. . 7.2 (J) CITY PHYSICIAN Appointment and Removal. . . . . . . . . . . . . . . . . . . . . . . Duties , qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . Employees , discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . Health Offccr , consolidation..................... CITY PLANNING BOARD See Boards Appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership, terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers and duties..... . . . . . . . . . . . . . . . . . . . . . . . . . Plannin?; Director , Secretary. ... ... .., ... ... ... .. CIVIL SERVICE BOARD Scc Boards Appeals to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 13- Appointments. . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . .. 10- Civil Service System , administering. . . . . . . . . . . . . .. 13- Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10- Membership, terms. . .. . .. . . . . .. . . . . . . . . . . . . . . .. 10- Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13- CIVil SERVICE SYSTEM Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13- Council to adopt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 13- CLAIMS (Bils) Presentation and Allowance. . . . . . . . . . . . . . . . . . . . . . CONTRACTS Auditor to endorse. . . . . . . . .. . . .. . . . .. . . . . . . . . . . . City Attorney to approve. . . . . . . . . . . . . . . . . . . . , . . . Custody, City Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement by City Mana?;er. . . . . . . . . . . . .. ..... Financial interest of employees. .,. . . . . .. . . . . .. . Letting, on bids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities Board , purchases. . .. . . . .. . . .. . " Public Utilities Board , construction............... Writtcn , whcn rcquired. . . . . . . . . . . . . . . . . . . . . . . . . . COUNCIL Action , how taken. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action , vote required........................... Bids , awarding contract. . . . . . . . . . . . . . . . . . . . . . . . . . Boards , appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . Boards , removal of members. . . . . '. ' . . . . . . . . . . . . . . . Bonds , fixing................................. 10- 10- 10- 14- 11. 1 (c) 2 (Ii) 22- 12-1 (c) 12-3 (B) 10- 10- 7 (E) Page COUNCIL-(Continued) Budget, adopting. . . . . . . . . . . . . . . . . . . . . . . . . . . .. . Bulletin in lieu of advertising.. . . . . . . . . . . . . . . . . . . Cash Basis Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Attorney appointment. . . . . . . . . . . . . . . . . . . .. . . City Clerk , appointment. . . . . . . . . . . . . . . . . . . . . . . . . City Manager, appointment. . . . . . . . . . . . . . . . . . . . . . City Manager, to attend meetings. . . . . . . . . . . . . . . . . Civil Service System. . . . . . . . . . . . . .. . . . . . . . . . . . . . Compensation of Councilmen. . . . . . . . . . . . . . . . . . . . . Councilmen, number. . . . ... ... . .. . .. ... .. . . .. . . Demands , allowance. . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency, declaration of....................... Emergency ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . Emergency Revolving Fund. . . . . . . . . . . . . . . . . . . . . . Employment , establishing positions of. . . .. '....... Franchises, granting. . . . . . . . . . . . . . . . . . . . . . . . . . . . Gifts , power to accept. . . . . . . . . . . . . . . . . . . . . . . . . . . Initiative and Referendum. . . . . . . . . . . . . . . . . . . . . . Investigations by City Manager. .., '" ... ... ... '" Leasing for more than one year. . . . . . . . . . . . . . . . . . Library Fund , budget........ . . . . . . . . . . . . . . . . . . Mayor , appointment. . .. . " . .. . .. . .. . .. .., ... .. . Mayor, pro tern. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mayor, vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings , Mayor to preside. . . . . . . . . . . . . . . . . . . . . . Motions , action by. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offces , establishing....................... . . . . . Offcial Newspaper, designating.................. Ordinances , passage. . . . . . . . . . . . . . . . . . . . . . . . . . . . Organization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pension System , establishing. . . . . . . . . . . . . . . . . . . . . . Police Secret Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . Powers granted re Revenue Bonds. .. . . . . . ., .. . .. . . Powers and duties, conferring on Boards and offcers. . . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities Board , appointments.............. Public Utilities Board , borrowing. . . . . . . . . . . . . . . . . Removal of appointed offcers. . . . . . . . . . . . . . . . . . . . Resolutions , action by. . . . . . . . . . . . . . . . . . . . . . . . . . . Salaries and Wages, fixing. . . . . . . . . . . . . . . . . . . . . . . Social Service Board , appointments............... Special legal counsel. . .. . . . . . . . . . . . . . . . . . . . . . . . . . Special Meetings.............................. Tax Rate , failure to fix. .. . . . . .. . .. . .. . . .. . .. . .. . Tax Rate , fixing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Traveling eXpenses , fixing. . . . . . . . . . . . . . . . . . . . . . . . Vacancics , how fillcd. ... .. . . . . . . . ... . .. .,. .. . . . Vacations , providing for. . . . . . . . . . . . . . . . . . . . . . . . . , 1 I COUNCILMEN Absence creatin?; vacancy. . . . . . . . . . . . . . . . . . . . . . . . Attendance, compelling. . . . . . . . . . . . . . . . . . . . . . . . . City Manager, influencing. . . . . . . . . . . . . . . , . . . . . . . Special meetings , calling. . . . . . . . . . . . . . . . . . . . . . . . . Vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . COURTS, Unaffected by Charter. . .. .. . ... .. . ... . .. .. 23- Section 17- 17- 2 (E) 13- 17- 7 (G) 18- 22- 2 (G) 16- 7 (B) 7 (G) 7 (A) 7 (I) 17- 24-3 (A-I) 10- 12-3 (E) 7 (G) 10- 7 ( 17- 17-17- 22- 7 (D) 7 (B) Pago , 10 Section DAY NURSERIES Supervision. ... ... ... ... ....., ... .. 15-1 (D) DEMANDS , Presentation and Allowance. .. . . . . . . . . . . . . elECTIONS Candidates elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Candidates , listing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . Canvassing returns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Death of candidate........ . . . . . . . . . . . . . . . . . . . . . General law applicable. . . . . . . . . . . . . . . . . . . . . . . . . . General , when held. . . . . . . . . . . . . . . . . . . . . . . . . . . , . Kinds. ... ... ... ........,...... ... '" .,. ... ... Nominating petitions. . . . . . . . . . . . . . . . . . . . . . . . . . . Nominating petitions , filing. ... ... ... .., ... ... '" Offcers of election. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Polling places, designating........... . . . . . . . . . . . . Precincts , consolidating. . . . . . . . . . . . . . . . . . . . . . . . . Precincts , establishing. . . . . . . . . . . . . . . . . . . . . . . . . . Proelamation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recall , see Recall Registration , necessity of. . . . . . . . . . . . . . . . . . . . . . . . . Special, calling.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statement of candidate. . . . . . . . . . . . . . . . . . . . . . . . . . Tie vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Withdrawal from nomination. . . . . . . . . . . . . . . . . . . . . EMPLOYEES Civil Service System. ,. . . . . . . . .. . . .. . . . .. . . . . .. . Con tinuing in offce. . . . . . . . . . . . . . . . . . . . . . . . ' . . . . Discipline , appeal............................. Felony, forfeiting employment. . . . . . . . . . . . . . . . . . . . Financial interest.............................. Misconduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pension system for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Travel expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacations . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . .. . Unauthorized payments. . . . . . . . . . . .. . . . .. . . . . . . . EMPLOYMENT BUREAUS, Supervision .... '0' .0..... 0'" FINANCE AND TAXATION Auditor , charge of finances. . . . . . . . . . . . . . . . . . . . . . . Budget , City Manager to submit. . . . . . . . . . . . . . . . . . Budget , Council to adopt. . . . . . . . . . . . . . . . . . . . . . . . Cash Basis Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Counting Money in Treasury. . . . . . . . . . . . . . . . . . . . . Dollar Limit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency Revolving Fund. . . . . . . . . . . . . . . . . . . . . . Estimates of department. . . . . . . . . . . . . . . . . . . . . . . . . Fees of Offcers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fiseal year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Fund , transfers by Public Utilities Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General law applicable. . . . . . . . . . . . . . . . . . . . . . . . . . Police Secret Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tax rate , Council to fix. . . . . . .. . . . . . . . . . . . . . . . . . Tax rate , failure to fix. . . . . . . . . . . . . . . . . . . . . . . . . . Treasury, depositing funds in. .. . . .. . .. .. . . . . . .. . 19- 19- 19- 19- 19- 19- 19- 19- 19- 19- 19- 19- 19- 19-19- 19- 19- 19- 19- 19- 13- 23- 22. 22-1 (A) 22- 7 (I) 22. 7 (D) 22- 15.1 (D) 17. 17-4 17. 17- 17- 17. 17. 17- 17. 12- 17. 17- 17-4 17- 17.6 ' 17- FIRE DEPARTMENT Section Appointments in, City Manager.................. 7.2 (K)Chief , appointment, removal........ . . . . . . . . . . . " 2-, 7.Diseipline of members by Chief. ... ... ... ... ... .. 7-Diseipline of members by City Manager. . . . . . . . . . .. 7.2 (c)Dismissal , appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . " 13. Emergency, Mayor to command.................. 6- Page 23, FISCAL YEAR.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 17- FRANCHISES Conditions. . . . . . . . . . . . . . . . . . . Gran ting, by ordinance. . . . . . . . . : : : : : : : : : : : : : : : : : Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Violations , City Manager to report. . . . . . . . . . . . . . . GENERAL FUND Transfers to , Public Utilities Board. '" ... ... '" " 12- GENERAL LAW , when applicable. . . . . . . . . . . . . . . . . . . . . GOLF COURSE City Manager to supervise. . . . . . . . . . . . . ......... HEALTH DEPARTMENT Employees , discipline of. . . . . . . . . . . . . . . . . . . . . . . . . Health Offcer, appointment..................... Transfer to County of Alameda. . . . . . . . .. . .. '" HEALTH OFFICER Appointment and Removal...................... City Physician , Consolidation. . . . . . . . . . . . . . . . . . . . . Powers and duties. . .. ... . . . . .. . . . . .. ... .. . .. . . Qualifications. . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . INITATIVE General law applicable. . . . . .. . .. . .. . . . .. . . . . " .. 21- Submission by Council.......................... 3- LEASES Custody, City Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Longer than one year. . . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities Board. ... .., ... ... ... ... ... ..... 18- 18- 2 (H) 2 (E) 2 (r) 3 7- 1 (c) 12-2 (c) LIBRARY BOARD See Boards Appointments. . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . .. 10-Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16-Estalbished ................................... 10-Fines, gifts , etc.... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16-Library Fund created. ... ... ... ... ... '" ... ... " 16-1 (B) Page , 11 LIBRARY BOARD-(Continued) Section Library system , control.. . . . . . . . . . . . . . . . . . . . . . . .. 16-1 (A) Membership, terms. . . . . . . . . . . . . . .. . . . . . . . . . . . .. 10- Non-resident privileges "'''''''''''''' 16-1 (E) Powers. . . . . . . . .. . . . . . . . . . . . . . . . . . . . " . . . . . . " 16- Purehases "" 16-1 (D) Rules and regulations........................... 16-1 (e) MAYOR Absence , Vice-President to act. . . . . . . . . . . . . . . . . . . Appointment. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . Boards , nominations. . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Council meetings , presiding. . . . . . . . . . . . . . . . . . . . . . Counting money in treasury..................... Election Proclamation. . . . . . . . . . . . . . . . .. . . . . . . . . Funds for use of.............. . . . . . . . . . . . . . . . . . Offcial head of City. . . . . . . . . . . . . . . . . . . . . . . . . . . Proclamation , government by. . . . . . . . . . . . . . . . . . . . . Public Utilities Board , nominations.... . . . . . . . . . . . Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Social Service Board , nominations. . . . . . . . . . . . . . . . . Special Election , Proclamation. . . . . . . . . . . . . . . . . . . . Special meetings , calling. . . . . . . . . . . . . . . . . . . . . . . . . Vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . MUNICIPAL AFFAIRS , Power over. . . . . . . . . . . . . . . . . . . . . OATH OF OFFICE Council to prescribe. . . . . . . . . . . . . . . . . . . . . . . . . . . . Fail ure to take. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filing with Clerk. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OATHS City Clerk to administer. . . . . . . . . . . . . . . . . . . . . . . . Who may administer. . . . . . . . . . . . . . . . . . . . . . . . . . . . OFFICERS Absent from City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Appointed by City Manager........ . . . . . . . . . . . . . Appointed by Council. . . . . . . . . . . . . . . . . . . . . . . . . . . Assessor , Auditor ex-offeio. . . . . . . . . . . . . . . . . . . . . . . Auditor , elective. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bonds , failure to file. ... . . . ... . " ... . . . . .. . ., .. . Budget , submitting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chief of Fire Department , appointment. . . . . . . . . . . . Chief of Police , appointment. . . . . . . . . . . . . . . . . . . . . City Attorney, appointment. . . . . . . . . . . . . . . . . . . . . . City Clerk , appointment. . . . . . . . . . . . . . . . . . . . . . . . . City Engineer , appointment. . . . . . . . . . . . . . . . . . . . . . City Manager , appointment. . . . . . . . . . . . . . . . . . . . . . City Physieian , appointment. . . . . . . . . . . . . . . . . . . . . . City Planning Direetor , appointment. . . . . . . . . . . . . . Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation , increase and decrease. . . . . . .. . . . . . . Continuing in offce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10- 17- 19- 10- 10- 19- 7 (E) 7 (F) 7 (F) 1 (D) 7 E) 17- , 7- 3, 7- 3 7- 11. 2-4 22- 23- Page OFFICERS-(Continued) Couneilmen , elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputies as " Elective, term. . . . . . . . . . . . . . . . . . . . . . . . . . . . : : : : : Elective, who are. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fees, property of City.......................... Felony, forfeiting offce. ... ... ... ... '" ... ... " Financial interest.. Fire Chief, appointm t:::::::::::::::: : : : : : : : : : Health Offcer, appointment..................... Ineligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mayor , appointment................... . .. . .. . . Misconduct. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Oath of Offce , failure to take. . . . . . . . . . . . . . . . . . . . Oath of Offce , filing........................... Oaths, power to administer. ... ... ... ... ... Pension System for. . . . . . . . . . . . . . . . . . . . . . . . : : : : : : Recall , see Recall Recalled, holding offce. . . . . . . . . . . . . . . . . . . . . . . . . .~~~ :r;:e . : : : : : ' . : : : : : : : : '. : : '. : : '. : : : : : : : : : : : : : : : Street Superintendent , appointment............... Tax Collector , Treasurer ex-offcio. . . . . . . . . . . . . . . . Traveling expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer, elective. . . . . . . . . . . . . . . . . . . . . . . . . . . . . UnautI:orized payments , liability for. . . . . . . . .. . . . . acar:cles, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . VacatIons ................................... Who are. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OFFICES Business hours................................ Deputy to fill vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . Recalled offcer not to hold. . . . . . . . . . . . . . . . . . . . . . Vacancy, election of successor. .. . . . . . . . . . . . .. . .. Vacancy, filling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OFFICIAL NEWSPAPER See Advertising Council to designate................... . . . . . . . . , II , 11 , II OFF-STREET VEHICULAR PARKING Accounts, Books and Records. . . . . . . . . . .. . . . . . . . . . Authorization of Revenue Bonds , each issue. . . . . .. . . Bids , inviting for Sale of Bonds. .. . . . . ... . . . . .. .. Bonds , provisions relating to.. . . . . . . . . . . . . . . . . . . . Council , powers granted to. . . . . . . . . . . . . . . . . . . . . . Council , complete authority.. . . . . . . . . . . . . . . . . . . . . Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Funds , creating from proceeds of Sale of Bonds. . . . . . Insurance , kinds specified. . . . . . . . . . . . . . . . . . . . . . . . Issue of Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pledge of Net Parking Meter Revenues. .. . . . . . .. . . Powers granted to Council. . . . . . . . . . . . . . . . . .. . . . . Rates, Fees and Other Charges for use of facilities. . . Resolution of Issue of Revenue Bonds , provisions. .. . Revenues , Holding and Applying. ... .. . . . . ... . . . . Rights of Bondholders. ... ... . .. . .. . .. ., . ... .. . Sale of Bonds, inviting sealed bids . . . . . . . . . . . . . . . . : Security of Bonds , protection of. ... .. . ... .. . . .. . . Trustee , Fiscal Agents , Paying Agents, desginating. . . Section 17- 22- 22-1 (A) 22- 7 (F) 7 (I) 20- 22- 22- 7 (D) 22- 20- 24-10 (H) 24- 24- 24-7 (A-P) 24-3 (A-J) 24- 24- 24- 24- 24- 24- 24- 24- 24- 24- 24- 24- 24-10 (E) 24-tO (I) Page (e) (A-O) (D) ORDINANCES Section Action of Council by. . . . . . . . . . . . . . . . . . . . . . . . . . " 3-Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 3- Attesting by City Clerk. . . . . . . . . . . . . . . . . .. . . . .. .. 3- City Attorney to draft. . . .. .. . .. . . .. . .. ... " . " " 8-Effective date. . .. . . . . . . . .. .. . . . . . . . . . . . . . . .. . . 3- Emergency. . . . . ... . . . . . . .. . . . . . " . . . . . . . . . .. . . 3- Enforcement, City Manager. ... '" ... . .. . .. ... .. . 7-2 (B) Passage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 3-Publication. . .. ... ... ... ... ... .. . . . .. . . . . . .. . . 3- Re-enactment and amendment. ... ... ... ... ... .... 3- Remaining in force..... . . . . . . . . . . . . . . . . . . . . . . ., 23- Submitting to electorate. ... ... ... .. . ... ... ... '" 3-When necessary. . . . . . . . . .. . .. .. . .. . . . . .. . ... ... 3. PARKING See Off-Street Vehicular Parking. ... ... .., ... ... . PARKS City Manager to supervise. . . . . . . . . . . . . . . . . . . . . . . PENSION SYSTEM Council to establish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . POLICE DEPARTMENT Appointments in , City Manager. . . . . . . . . . . . . . . . . . Chief, appointment , removal. . . . . . . . . . . . . . . . . . . . . . Discipline of members by Chief. ...... ... ... ... Discipline of members by City Manager. . . . . . . . . . . . Dismissal, appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency, Mayor to command..... . . . . . . . . . . . . . Police Secret Fund. . . . . . . . . . . . . . . . . . . . . . . . . .. . . POWERS Conferring by Council. . . . . . . . . . . . . . . . . . . . . . . . . . . Home Rule. . . . . . .. . . . .. . . .. . .. .. . . . . . . . . . ... . Municipal Affairs. . . . . . . . . . .. . . . . . . . . . . . . . . .. . . Of City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vested in Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PUBLIC PROPERTY City Manager to supervise. .. . . . . ... . . . ... . .. .. . . PUBLIC UTILITIES BOARD See Boards Advertising. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Appointments . . . . . .. . . . . . . . .. . . .. . . . .. . . . . .. .. Borrowing money. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . Budget , adopting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Manager as Member. . . . . . . . . . . . . . . . . . . . . . . . City Manager ex-offcio member. . . . . . . . . . . . . . . . . . Construction work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Earnings, disposition. . . . . . . . . . . . . . . . . . . . . . . . . . . Employees, control over......................... Engineer as member. . . . . . . . . . . . . . . . . . . . . . . . . . . . Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General Fund transfers to. . . . . . . . . . . . . . . . . . . . . . . Membership, terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. XXIV 2 (r) 7 (r) 2 (K) 2 (c) 13- 17- 2 (D) 2 (r) 12-2 (B) 10- 12-3 (E) 12-4 (D) 10- 23- 12-3 (B) 12-1 (c) 12- 12- 12-3 (D) 10-7 (A) 10- 12- 10- Page PUBliC UTILITIES BOARD-(Continued) Section Powers. .. . .. . . . . . . . .. . . .. . . . . . . . .. '" . .. .. . " 12- Powers without competitive bids. . . . . . . . . . . . . . . . .. 12- Purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 -1 ( c Rates, fixing.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 2-3 (c) Real property, acquisition. ... ... '" ... ... ... .., " 12-2 (c) Records. . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . .. 12-4 (A) Reports to Council. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12.4 (B) Reserve for contingencics........... . . . . . . . . . . . .. 12- Rcoserves, investment. . . . . . . . . . . . . . . . . . . . . . . . . " 12-3 (F) Revolving Fund , purchases.............. "" 12.2 (D) Sale obsolete property. . . . . . . . . . . . . . . . . . . . . . . . . .. 12-3 (A) Store room system. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 12-4 (c) Tcrms , cxpiration . . . . . . . . . . . . . . .. . . . . . . . . . . . . " 23- Utilities , control and management........ ......... 12-1 (A) Utilities, engaging in. ..........,.......... ... ... 12. PUBLIC WORKS Council may do.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . Over $1000 , bids............................... Preference for residents. . . . . . . . . . . . . . . . . . . . . . . . . . PURCHASES City Manager Purchasing Agent. . . . . . . . . . . . . . . . . . Open market. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Over $1000 bids. . .. . .. . .. . . . . . . .. . . . . . . . . . . . . . . Preference for residents. . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities Board. . . . . . . . . . . . . . . . . . . . . . . . . . . REAL PROPERTY Acquisition or transfer by ordinance. . . . .. . . . . .. . . . Financial interest of offcer. . . . . . . . . . . . . . . . . . . . . . . How held. . . . . . . . . . . .. " Leasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities Board, acquisition by. . . . . . . . . . . . . . RECALL Answer of offcer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot , form of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Canvassing returns , results. . . . . . . . . . . . . . . . . . . . . . . Certificate of election.. . . . . . . . . . . . . . . . . . . . . . . . . . Certificate of petition. . . . . . . . . . . . . . . . . . . . . . . . . . . Clerical assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . New petitions. . . . . . .. . . . . . . . . . ., . . . . . . . . . . . . . . Nomination of candidates. . ., . . . . .. . .. . .. . . . .. . .. Notice of Intention..... " Notice of Intention , service of. . . . . . . . . . . . . . . . . . . . Offce , holding after recall. . . . . . . . . . . . . . . . . . . . . . . Offcers subject to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition , affdavit of circular.. ... . . . . . . . . " " Petition , circulation. . . . . . . . . . . . . . . . . . . .. "" Petition , contents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition , examination. . . . . . . . . . . . . . . . . . . . . . . . . . . Petition , filing................................ Petition , separate sections. . . . . . . . . . . . . . . . . . . . . . . . Petition , signing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proceedings mandatory. . . . . . . . . . . . . . . . . . . . . . . . . Proceedings , when pending. . . . . . . . . . . . . . . . . . . . . . . 2 (D) 12-1 (c) 22. 22- 12-2 (c) 20. 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- Page ry" RECALL-(Continued) Section Provisions liberally construed. . . . . . . . . . . . . . . . . . . " 20- Recall and election of successor at same time. . . . . .. 20- Resignation of offcer. . . . . . . . . . . . . . . . . . . . . . . . . . .. 20- Sample ballot , mailing. . . . . . . . . . . . . . . . . . . . . . . . . .. 20. Signature , revocation of. . . . . . . . . . . . . . . . . . . . . . . " 20- Special election , conduct........................ 20- Special election , Council to call. . . . . . . . . . . . . . . . .. 20- Supplemental petitions. . . . . . . . . . . . . . . . . . . . . .. . .. 20. Qualifications on election. . . . . . . . . . . . . . . . . . . . . . .. 20- RECORDS Copies. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . .. . " 22- Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 22- REFERENDUM General law applciable. . . . . . . . . . . . . . . . . . . . . . . . .. 21- Submission by Council.......................... 3- RESOLUTIONS Action of Council by. . . . . . . . . . . . . . . . . . . . . . . . . . . SCHOOLS See Board of Education SOCIAL SERVICE BOARD See Boards Appointments. . . . . . . ., . . . . . . . . . . . . . . .. . . . . . . " 10- Charitable organizations, investigation............ r5-1 (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. . . . . . . . . . . . . . . . . . . . . . . . City Engineer , consolidation..................... Employees , discipline by City Manager. . . . . . . . . . . . Employees , discipline by Superintendent. . . . . . . . . . . , 7- 2 (e) TAXATION See :Finance and Taxation TAX COLLECTOR Treasurer as .................................. Duties , Treasurer to perform. . . . . . . . . . . . . . . . . . . . . TREASURER Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy to fill vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . Elected . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employees and deputies......................... EfR-offcio Tax Collector. . . . . . . . . . . . . . . . . . . . . . . . . Payment of money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipt of money. . . . . . . . . . . . . . . . . . . . . . . . . . . . " . Tax Collector , duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . Page Section Page UTILIIES, Engaging in . ... ... ....,. '" .,. ... .., ..... 12-1 (A) See Public Utilities Board VACATIONS Council to fix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . WARRANTS Payment of money upon. ... .. . ... ... ... .. . .. . . . . When drawn. . . . ; . . . . . . . - . . . . . . . . . . . . . . . . . . . . . ZONING City Planning Board. . . . . . . . . . . . . . . . . . . . . . . . . . .. 14- 7 (D)