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1964 Alameda City Chartertr, ADOPTED April 29, 1937 APPROVED May 5 , 1937 Senate Concurrent Resolution No. 75 Amended to June 30 , 1964 TIMES STAR F'RESS ALAMEDA , CALIFORNIA 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 a s such boundaries may be changed thereafter in thc manner authorized by law. Sec. 1-2. The City shall have and exercisc the following rights and powers , subject to the express limitations herein expressed: (A) To have perpetual succession. (B) To adopt and use a corporate seal. (c) To sue and be sued. (D) To make and enforce all municipal aflairs, subject only to 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 diflerent procedure is established by ordinance. laws and regulations in respect to the restrictions and lirnitations pro- ARTICLE II Offcers Sec. 2-1. The following elective offcers are hereby established: Five Councilmen , who shall constitute the Council; Auditor, who shall be ex-offcio Assessor; Treasurer, who shall be ex-offcio Tax Collector. Sec. 2-2. The following offces are hereby established , and the in- cumbcnts 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 arc 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; Health Officer; City Physician; City Enginecr; Superintendent of Streets; City Planning Director. (Amended by Vote of People March 1957) Sec. 2-4. The salary attached to the following off'ices shall be fixed by the Council at not less than the following amounts per annum: ditor , $3 600.00; Treasurer , $3 600.00; City Manager, $4 000.00; CIty Attorney, $3 000.00; Clerk , $2 00.00. Each Councilman shall receive $20.00 for each of the Council which he shall attend; provided, that no Councilman shall receive such fees for morethan two in anyone caIcndar month. (Amended March , 1947. Sec. 2-5. No person shall be qualified to be elected or appointed to any of the elective officcs hcreinabove set forth unless he shall have been an elector of the City of Alameda for a period of years con- (,/'-4 (, J tinuously next preceding his election. officer of the City rcferred to in Section 2-12 of this Charter shall be resident of the City durinO" his tenurc of office. Ernployees of the other than such officer shall reside within the City or within fifteen miles of the City limits thereof. (Amcnded by Vote of 8 , 1955. Sec. 2-10. In the event of a vacancy in the offce of Auditor, Treas- urer, Ci,ty Attorney or City Clerk , the ranking deputy or -assistant shall during such vacancy, perform the duties of such offce. Sec. 2-11. Any incumbent of any Federal , Stalte or County offce except nGtary public or offcer in the military or naval reserve forces shall be ineligible to hold any elect.ive offce or offce of member of amy board crea'ted by this charter. Sec. 2-12. The persons occupying the offces set forth in Sections , 2-2 and 2-, their assistants and deputies, and members of all boards , provided for in Sect,ion 10-, shall be the offcers of the City. Sec. 2-13. AHoffcers , boards and the certified public accountant appointed pursuant to Sub-Section 3-7c shall have power to admin- ister oaths and affrmaltions , to examine wi,tnesses and compel their attendance by subpoena in all matters their respective offces and positions. AI! leg11 proC:ssissued pursuant to this section shall be executed by or under the authority of the Chief of Police. ARTICLE III See. 2-6. The term of each elcctivc officer shall commence at 8: 00 clock p.m. on the third Tucsday in April next following the General Municipal Election at which such on'icer was elccted and continue for four years thereafter and until his successor is elected and qualified. Sce. 7. vcry ;acancy in an elective officc , arising otherwise than as provIdcd m ArtIcle XX , shall be filled by the Council. In the event that vacancies exist in a majority of the offices of Councilmen , such \Canci(. shall be filled by a board of the remaining Coun- CIlmen, 1f any, and the following in the order named sun'ieient to constitute a board of to-wit , Auditor , Treasurer and President of the Board of Library Trustees. After any in the offce of Councilman 'has continued for days three officers last mentioned in the sentencc , acting as a board shall have the sole powcr a vote , to fill such vacancy. Sec. 2-8. The term of any person appointed to fill a vacancy in an elective ofIce shall commence upon and qualiEc,ation and continue until 8: 00 o clock p.m. on thc third T'uesday in 'April following the next Gencral Municipal at which election a successor shall be elected to servc for the remainder of the unexpired term. City Council Sec. 3-1. All powers of the City and aJl powers vested in city coun- cils (except the powers reserved to the People or to O'ther offcers or boards by this charter) shaH bc vested :in a Council con- sisting of five Councilmen. Sec. 3-2. The Council may confer upon any board or offcer powers and duties additional to thO'se set forth in this chalrter. Sec. 3-3. The Council may, on ,its own motion , submit to the eIec- tomte by initiative or referendum ,any proposed resolution or ordi- nance which oould be enacted by the Council Sec. 3-4. The vote of thee membe:rs of except as other- wise provided , shall be for any act of or by ,the Council. Sec. 3-5. The Cauncilmen present at held rnay compel the attendance of absent :in such rnan :1'e and subjeot to such penalties as the Council may have prescnbekl by oroinance. Sec. 2-.9. If any officer of the shaH H:rnove from the City or absent hImself therefrom for more than thIrty days consecutively, without the permission of the CounciL or shall fail to qualify by tak- ing the oath of office and Eling his ofIcial bond , whenever such bond is rcquired , within fifteen froIn 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 off'ice shall be vacant. Sec. 3-6. In the event a,ny Councilman shall , without being excused by ,the Council , abs'ent himself from four or more consecutive regular meetings 'Of the Council extending over a peTiod of not les -than thirty days , his offce shall be vacant. Sec. 3-7. The Council shall (A) Meet aJt 8:00 o'clock p.m. 'On the third Tuesday of the month nex't succeeding the month in which the General Municipal Eleotion is held , and orgaJnize by selecting from its membership, a Mayor, who shall be the President of the Council , and a Vice-President of the Council , whose terms shall commence upon selection and cGntinue until the selection and quali-fication of their successors following the next General Municipal Election. (B) Hold regular meetings at least twiee 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 Councilmen by serving the Councilmen personally with written notices of time and purpose of the mceting, or leaving such notices at places designated by the respective members , at least three hours before the time of the proposed meeting. (c) Contract and fix the compensation for the services of a 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 free access to all records, books and papers in all departments of the City. He may at any time visit any of thc public offices and make exami tions and investiO"ations thcrein without hindrance. He must examlle the offcial bond; of all City off'icers and cmployees and investigate the sufficiency and solvency of the sureties thereon. At the close o f .his investi"ation he shaH file with the Council a written report contallllg his re(ommendations. If during his exmnination and audit it shall appear that a public off'ense has been committed , or th . any ?icer or employee is in default, or that the surety on any bond IS llSuflIcIent he sha:ll immedi::ttely report to the Council , whiclh shaH take such pro- ceedings as are authorized by law. (D) Provide by ordinance for annual vacations with pay for all City officers and employees. (E) Fix the amounts and detcrmine thc officers and employees who shall give bonds to thc City for thc faithful performa r:ce of heir duties. All such bonds shall be executed by surety compames qualIfied to do business in the State of California and be subject to approval by the Council and shall lHe Gled with the City Clcrk , exccpt that the bond of the Citv Clerk shall be filed with the Auditor. The prcmiums on all such bon ls shall be paid by the City. (F) Prescribe the form of oath of offce and require that every oflicer shall , before cntering upon the duties of his office , take and fie such oaths with the City Clerk. (0) Establish and abolish offices and positions of employment and fix the compensation and duties thereof, exccpt as herein otherwise providcd. (H) Designate the person to perform the duties of City the event of his absence or disability. (r) 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 , and shall not be repealed except by the Pcople. Such system shall rrovide fo the sup- port thereof by deductions from the compensatIOn of offIcers and employees of the City and contributions from City funds and funds under the control of thc 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. 3-10. All acts of the Council imposing penalties, prescribing public regulations , granting franchises , or providing for the acquisi- tion , transfer or lease for a period longcr than one year, of real prop- erty, shall be by ordinance; provided, however , that the acquisition of real property, or any intcrest therein , may be authorized by resolution when the purchase price to bc paid, together with any obligation imposed on the City in conncction with any such acquisition, docs not exceed the sum of $1 000., or when such acquisition is to be accomplished by condcmnation 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 allirmative 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 gencral law of the State of California such property has been acquired, or is transferred or acquired in satis- faction, foreclosure or enforcemcnt of a lien for taxes or special assess- ments of any character. Sec. 3-11. The enacting clause of cvery ordinance passed by the Council shall be "Be it Ordained by the Council of the City of Ala- meda." Every a lendment of an or dinance shall be germane to the original purpose of such ordinance. Every or nance shall be signed by the offcer presiding at the time of its adoptIOn ,,nd a test d .by the City Clerk. No ordinance shall be passe d by the CouncIl wIthm five days after its introduction , or at any ymc other than a a r gular meeting or an adjourned regular meetmg, cxcept as provIdcd 11 the following section, Sec. 3-12. No ordinance shall become eHective 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 ordin nce deter :llining the amount of money neccssary to be raised by taxatIOn , or fixmg the rate of taxes to be levied , or an ordinance relating to a street improve- ment proceeding taken under some law, or an ordinance relat ing tc: public improvements or wor k the cost of wh :ch , or any portIOn 01 which is to be borne by specIal assessment agallst property benefitted there by, or an ordinance for the inl1:1ediatc prese vation of the public peace , health or safety, w?ich contallS a declaratIOn of the facts eo stituting its urgency, and IS passed by a four-fifths vote of the Coun or an ordinance enacted in the event of great emergency or necessIty passed by four votes of the Council and con tainin a statement ?f the emergency or necessity. Ordinances for the 1I1lmedIate preservatIOn of Sec. 3-14. All ordinances shall bc published once in Newspaper within three days aftert:he same shall have passed. Sec. 3-15. When the expenditure required for the purcha"5e of mate- rials 'Or supplies , or for tlJe ing of public work or improvements exceeds the sum 'Of OBC -f1 , the same shall be done by G.e written contract and let to the responsible bidder who submits rthe lowest and best bid , after advertising in the Offcial Newspaper by at least one insertion for sealed proposals , which advertising shaIl be made at least five days prior 'to the time for reoeipt of bids . Adver- tisements for bids may set forth the general c:haJracter oft!he WO!k IDaJteriiaIs , or and refer for details to specifications on file in the offce of the Clerk. The Council may reject 'aIl bids. In case no bids are the Council may ma-ke such public work or im- provements without contract or purchase such materials or supplies in the open market. The Council may, by four votes , either with or without prior as. hereinabove set fOI1th , determine 'tJnat in its opinion the public work or improvements in question wil be per- formed more econornically by the Ci.ty without cont-ract, or that the materials or mm be purchased at a lower pnice in the open or tha t or emergency requires immediate ac- tion , and to make such public work or improve- ments without contract and to purchase such maJtedals or supplies in the open market. See. 3-16. A of not to cxeeed five per cent of .the lowest bid may be allowed by the Council on all bids for maiueria:ls and sup- plies made by a who, for more than O'ne year oontinuously prcceding the of such bid , had an es.tablished pIace of business in the City manufacturing, processing, wholesaling or retailing such materials and supplies. Sec. 3-17. When entering into any contract for la!bor or hiring any labor for public contract work, preference shall be given to oontm tors , mechanics , artisans 0'1 other laborers of any class , who shall have actually resided in the for a poriod of six mont!hs preceding the date of .their too pC'1form labor , quality and price of work being equal. Sec. 3-18. The Council shall annually, after advertising in the man- ner provided for the purchase of supplies , award a contJract to the responsible bidder who submits the lQwest and best bid fO'r publica- tion of all legal advertising of the City in a newspaper of general dr- the Offcial been finally ~ulatio l published i;l the City for a period of not less than one year mlJIled ately prec :dmg the making of such bid, and having a bona fide paId cIrculatIOn of at least one thousand copies. The newspaper pubhs.hed by the successful bidder shall be the Oflicial Newspaper City. The Co ~ncil m lY reject all bids. In lieu of newspaper adver- tlsmg the CouncIl may Issue and publish a bulletin containinO' such matter s it is required by law to publish, sending the same by ail to the regIstered voters of the City, to their addresses as the same shall appear on thc registration records of Alamcda County, and shall also post printed copies of such advertisement in three public places in the City of Alameda. . Sec. 3-19. The Co ncil may consent to , or provide by contract or 1I any other manner , for the transfer to the County of Alameda of any : 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 a d employees; provided that , upon such transfer , employees of the CIty of Alameda Health Department who are not continued in City of Alameda cmployment are transfcrred 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 Hcalth Department with full accredited status as members of the County Civil Service. The Council also i.s authorized to provide that such transferred employees shall retain credit under the Alameda Municipal Employecs ' Retirc- ment System , or any other retirement 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 service with which they were entitled to be credited at the date of transfer , or that instead such service be credited under the Alameda County Employees ' Retirement System in the same manner and with the same eHect as if it were .service credited under such sys- tem as having been rendered as employees of Alameda County. To ef- fcct such credit of the Council may takc all necessary action regardless of the length service credited to such employees. Specifi- cally, but without limiting the foregoing authorization , the Council may provide for the retention in the Municipal Retirement System 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 transferred employees' contributions plus credited interest , and contributions made by the City and held on behalf of such transferred employees by such Municipal Retirement System. The City may compensate the County, as necessary, either directly from any City funds or indirectly by County s retention of fines , forfeitures or penalties paid or payable under City Ordinance, for making inspcctions and for the the public peace , health or and ordinances enacted in the event of great emergency or when passed as afores-aid , may be introduced and at one and -the same meeting and at ei1Jher a regular or No grant of any franchise , however , shall eVCir 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- enaoted sections or SLI b-scctions thereof in full. 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 , obscrvance and enforcement by 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 transfcr 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 thercwith. (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. Scc. 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 oflicer 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 ARTI CLE IV Treasurer Sec. 5-1. The Treasurer shall perform all the duties of Treasurer and Tax Collector prcscribed 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 office 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. Thc 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 payahle and by whom to be paid. Auditor Sec. 4-1. 'fhe 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 oflicial bond. Sec. 4-2. He shall bc the general accountant of the City and shall have the custody of and prescrve 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. lIe 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 Councilat least monthly. Sec. 4-4. He shall establish a uniform system of bookkeeping and accounts for the City and all officers , departments and boards thereof. Scc. 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 offcer under whose jurisdiction the services are rendered. The Auditor shall not allow any demand unless the same is legally due , its payment authorized by law , and in consequence of appropriations made pursuant to this charter. Upon allowance, the 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. ARTI CLE VI Mayor Sec. 6-1. The Mayor shall be the offcial and ceremonial head of the City and shall preside at all meetings of the Council. He may take command of the Police and Fire Departments and 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 offcers, the remain- ing members of the Council shall select a Mayor Pro-tcmporc. Sec. 6-3. Vacancies in the office of Mayor shall be filled by the Council. Sec. 6-4. Therc is hereby appropriated to the use of the Mayor in the discharge of his offce the sum of fifty dollars each month for which he need furnish no vouchers. performance by County officers or employces of functions in the en- forcement of City Ordinances relating Lo public health and sanitation. The Council shall provide , as necessary, for the continued employ- ment of such Hcalth Department personnel as are not transferred to thc 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 scction shall , to the extent of thcir assumption , performance , observance and enforcement by 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 agreemcnt with thc 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 arc suflicient 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 purpo se except the payment and discharge of the respective contracts so endorsed. ARTICLE V ARTICLE IV Treasurer Sec. 5-1. The Treasurer shall perform all the duties of Treasurer and Tax Collector prescribed by this charter , by ordinancc 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 office 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 offcial capacity. lIe shall payout money belonging to the City or in his official custody only upon war- rants drawn upon him duly issued by the Auditor. Scc. 5-3. The Treasurer shall not receive any moneys unless the payment of thc 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 tirne 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 shaIl be responsible for the acts thcreof on his official bond. Sec. 4-2. He shall be the general accountant of the City and shaIl have the custody of and prescrve 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, a.nd 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 ofrcers, departments and boards thereof. Sec. 4.5. Every dernand presented to him shall specify on its face the several items composing it, t 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 thatdeman.ds for salary need bcar the allowance only of the City Manager or execu- tive offcer under whose jurisdiction the .services are rendered. The Auditor shall not allow any demand unless the samC is legally due, its payment authorized by law , and in consequence of appropriations madc 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 VI 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. IIe 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 absencc 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 offcers, the remain- ing members of the Council shall select a Mayor Pro-tempore. Sec. 6-3. Vacancies in the offce of Mayor shall be filled by the Council. Sec. 6-4. There is hereby appropriated to the use of the Mayor in the discharge of his office the sum of fifty dollars each month for which he need furnish no vouchers. ARTICLE VII (0) To formulate rules and regulations for oflicers and employees under his jurisdiction. Sec. 7-3. Neither the Council nor any of the 1nernbers thereof shall interfere with the execution by the City Manager of his powers and duties. Except for purposes of inquiry, the Council and its members shall deal with that portion of the administrative service for which the City Manager is responsible solely through him. An attempt by a Councilman to inffuence the City Managcr in the making of any appointment or the purchase of any matcrials or supplies shall subject such Councilman to removal from office for malfeasance. City Manager Sec. 7-1 Thc City Manager shall be the Chief Administrative Ofli- cer of the City and shall be chosen by thc Council on the basis of his executive and administrative qualifications , with special reference to his actual experience in or his knowledgc of, accepted practice in respect to the duties of his off'ice 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 off'icers and employees of the City under his jurisdiction , subject to Civil Service requirements. (D) To act as purchasing agen t 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. (Ii) 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. (H) 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 supervise and administer all public parks , golf courses , rec- reation areas , wharves , docks and other public propertics, utilities and facilities bel()nging to the City, as in this charter otherwise provided. (J) To appoint technical advisory experts or boards with the con- sent of and at such compensation as may be provided by the Council. (K) Until a Civil Service ordinance shall be in force , to establish examinations as to fitness of applicants for positions below the rank of Chief in the Police and Fire Departments , and to make appointments therein only on the basis of merit after such examinations, (L) To prepare and submit a budget as required by this charter. (M) To investigate the conduct and procecdings of any officer or board of the City when he shall deem the same necessary, or when so directed by the Council. (N) To devotc his entire timc to the duties of his oflice. 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. Sec. 7-6. The City Manager shall appoint a Health Offcer whoshall be the chief executive of the Health Dcpartmcnt. The Health Oflicer 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 offcers 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 Mcdicine 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 emergcncy, surgical and medical service , and make such medical examinations as may be neces- sary for the administration of the affairs of thc 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 Oflicer 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. Sec. 7-11. The City Manager may consolidate the offices of Superin- tendent of Streets and City Engineer. Sec. 7-11.1. The City Manager shall appoint a City Planning Direc- tor who shall be the chief executivc 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 Fire Department, Health Ofljcer, City Physician, Superintendent of Streets , City Engineer, and City Planning Director shall each have power to discipline any em- ployee under his control by thc irnposition of a fine not to cxceed 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 Clcrk of the City Council and keep an accurate pub- lic record of the proceedings thercof , and also separate , properly in- dexed books in which , respectively, he shall rccord all ordinances and resol u tions. (c) To have custody of the official Seal , deeds, leases, contracts and all records of the Council and such othcr official records as may be committed to his care. (D) 'To take affidavits and administer oaths , without chargc , in all matters afTecting 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 prosecutc 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 , ofTicers 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 the City without permission of the Council. He shall not commence any action without permission of the Councilor written instruction of the City Manager. Heshall be the legal advisor of and attorney and counsel for the City and for all officcrs and boards thereof , in all matters relating to their ofIicial duties , and whenever requested in writing by any of he shall his legal advice in writing. Sec. 8-3. shal1 approve the form of all bonds givcn to the City, prepare all contracts or lcgalinstruments in which the City is inter- ested , and shall endorse on cach his approval of the form thereof. He shall , when required by the Council , or any members thereof, draft proposed City ordinances and amendments thereto. shall deliver all books, papers , documents and property of every description belonging to his offce or to the to his successor in olTice. Sec. 8A. The City Attorney discipline , and remove subject to Civil Service requirerncnts 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 thc consent of the Council may empower the City Attorney, at his request , to employ spceial legal counsel. ARTICLE X Boards Scc. 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 the City Planning Board, shall consist of five members. Upon nornination of the Mayor , the Council shall appoint between May 1 and July 1 of each one mernber of each such Board for a term comrnencing on the day of July following such appointment and continuing for years , and thereafter until the successor of such member is appointed and qualiied. (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 fora term commencing on the day of July follow- ing such appointment and continuing for four years and thereafter until the successor of such member is appointed and qualifled. Sec. 10-4. The Social Service Board shall consist of Seven members one of whom shall bc the City Managcr , 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 flrt day of July following such appointment and continuing for three years and thereafter until the successor of such member is appointed and qualified. Sec. 10-4.1. 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 commencing on the first day of July follow- ing such appointment and continuing for three years and thcreafter until the successor of such member is appointed and qualified; pro- vided , however, that at such time as this amendment becomes fully ARTICLE IX City Clerk Sec. 9-1. It shall be the duty of the Clerlc (A) To perform all duties imposed upon him by general law where not inconsistent with this charter or the ordinances of the City and to dcvote his entire time to the duties of his offce. 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 N ovem bcr 6 , 1956) Sec. 10-5. A vacancy in the office of a mcmber of any board shall be filed for the unexpired term by a nomination and appointment in the manner hereinabove set forth. Sec. 10-6. All membcrs 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 dischargc the functions of his off'ice and , to that end: (A) One mernber 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. ARTICLE XII ARTICLE XI Public Utilities Board Sec. 12-1. The Public Utilities Board shall have the power: (A) To control and manage all public utilities owned by the City used for the purpose of generating, distributing or 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 provisions of Sections 3-15 and 3-16 of this charter except as otherwise in this article expressly provided. In connection with such contracts the Board may exercise the powers conferred upon the Council by said sections. Sec. 12-2. The Board shall also have the power, without reference to advertising or competitive bidding: (A) To contract for the purchase , for not to exceed ten years , of gas, electrical energy or such other publie 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 lease or purchase in the name of the City real property necessary for its purposes. (D) To purchase out of a revolving f nd go , wares a?d 11 chandise to be resold for the purpose of mcreasmg the pubhc utrlIty 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 smn of $15 000.00. Sec. 12-3. The Board shall also have the power: (A) To sell obsolete or unnecessary personal prorerty, subjcct to the consent of the Council on all sales cxceeding 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 thc City or any board thereof at cost l?ro- vided however , if the Board shall elect to make any such ongmal const ;uction of or improvement to any such utility by contract , then the same shall be done subject to the provisions of Sections 3-15 and , the Board excreising the powers conferred upon the Council in said sections. (c) To fix rates for the services of all utilities under its control and management. Sec. 10-10. At its first mecting after July 1 of each year , each such board shall elect a a Vice-President , a Seaeta'ry and such other officers as it may desire. See. 10-11. Each of said boards shall have the power to establish rules for its proceedings , appoint , discipline and remove (subject to Civil Service requiremen ts) its officers and employees and prescribe their duties and exercise all authority and perform all duties prescribed by this charter and by general'taw or ordinances. Sec. 10-12. No position of ernployment with any right of compensa- tion attached thereto shall be cstablished undcr the jurisdiction of any said boards, exccpt the Board of Education , the Public Ut:iIit!ies BoaTd and the Library Board , except by action of the Council. 10-13. The votes of a majority of the entire membcrship of a board shall be necessary for action thereof. Board of Education See. 11-1. The Board of Edueation shall control and manage the public schools in the City n .acco :-dance . with the Constit and general law of the State of CalIforma and IS hereby vested wIth all the powers and charged with .all the duties l?rovided by . th s Charter and by general law for governmg boards of CIty school drstncts. Sec. 11-2. (Repealed by Vote of People March 12 , 1957. at the 1969 eral r of votes ca all receive the next two all each serve an lmtial term of two years. At lections; either two or three members of said I be elected for four-year terms to fill the vacan- the terms of the members, f Education, arising ot han as rovided y appointment by said id tee. toprovid Section 2-8 of this Charter. After any va-er 0 d Board has continued for twenty-one days, by the Council. intent of this section that the only changes to e the Board of Education elective , rather than manner in which the members thereof shall be t they are inconsiste 'th the provisions of this Charter relating oard of Education and apply to the Board of ation provided for by this (D) To establish and abolish positions of employment under its control and fix the compensation and prescribe the duties thereof. No employee of thc Board recciving compensation from it shall be, or within one ycar 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 sub-section. (D) Prepare and adopt an annual budget. Sec. 12-5. Ncither 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 conscnt of the People expressed a two-thirds vote. Sec. 12-6. The Board may rctain from earnings of public utilitie, under its management and control in each fiscal ycar 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 samC date if an amount 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 ear ings of such utilities for the fiscal year in excess of said pay- ments and retainments 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 thc 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 e.timate of the amount to be earned in the fiscal year in excess of said payments and retainments and said cxcess 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 votc of five members of the Council and shall not be repealed , except by the People. No position of employment, once placcd 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- provemcnt 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. ARTICLE XVI See. 17-3. On or before the first Tuesday in August of each year the City Manager shall transmit to the Council a detailed budget showing the estimated revenues and expenditures of the City and all 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 Assessor. Such rate , after allowing three per cent of the assessed valuation for delinquencies, must yicld 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.s 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 sewcr work, mainte- nance and improvement of public parks , squares and grounds, .salaries of employees of the Fire Department and the moneys apportioned to the Board of Education pursuant to Section 11-, shall not exceed the rate of one dollar for each one hundred dollars ' assessed valuation. (B) To encourage the formation of private social welfare organiza- tions to meet needs not already provided for and to foster all worthy philanthropic enterprises. (c) To investigate misstatemcnts, 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 established 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 libraries, and to extend library privileges to nonresidents upon such conditions as the Board may prescribe. See. f6-2. On or before the second Monday in May of each year the Library Board shall subrnit to the Council an itemized budget of the amount of money necessary for thc administration of the Library System of the City during the next cnsuing fiscal year. To the extent seven cents on each onc hundred dollars of assesscd valuation , the Council shall , and as to any excess thercover set forth in such estimate the Council may, include in the next succceding tax levy and appor- tion to the Library Fund as received moneys for the ,urposes set forth in such budget. Sec. 16-3. All fines and othcr 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. AR TI CLE XVII Sec. 17-6. The Council shall fix the tax ratc 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 cach 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 thercupon be automatically adopted. See. 17-7. Unless otherwise provided by ordinance , the levy and col- lection of 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 oflicers shall be performed by the City officcrs 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 bc and constitute a lien on the property assessed and, as to taxes on personal property, on the real property in this city of the person to whom the tax is assessed and , as to taxes on improvements, on the 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 each Board or officer having supcrvision or control of the expenditurc of City funds, and every officer 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 Icgally cancelled , or (B) for non-payment of any taxes , the property is sold to a privatc purchaser or dceded to the City. After thirty years succeeding the time , heretofore or hereafter , when any tax becomes a lien, if the lien has not been otherwise removed , the lien ceases to exist and the tax is conclusively presumed to be paid. Sec. 17-8. All moncys received by any oHicer or employee of the City in his oHicial capacity or belonging to thc City, and all moncys 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 employec receiving the same. 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 off"icial duty as such oflicer or employee, or in the performance of the duties of any oHice held cx ofIeio , shall be the property of the City; provided , that the Council may by ordinance provide that thc Health Offcer of the City shall be entitled to receive and rctain the fecs provided by law to be paid by thc State or County to Local Reg- 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 Treasury at least once in every three months and ascertain the amount of money on hand and make a written report thereof to the Council within five days thereafter show- ing whether the money in the City Treasury corresponds to the amount shown by the fiscal rccord of the CIty. Sec. 17-11. A Police Secret Fund in such amount as the Council may from time to time appropriate is hcrcby cstablished undcr the soIc control of the City Manager. It shall be withdrawable by him without reference to the auditing provisions of this charter. Such fund shall be cxpended by the City Managcr and tHe Chief of Police under the direction of the City Manager for investigation and police work of a secret character and for no other purpose. Semi-annually and at such other times as the Council rnaY require , the City Manager shall file with the Council his affidavit and the affdavit of the Chief of Police that all moneys expended out of the fund have been used for the purposes hereinabove set forth. Sec. 17-12. An Emergency Revolving Fund , the 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 demands signed by both the City Managcr and the Auditor , but not otherwise appropriated , audited allowed or approved. Said officers shall take receipts for all money expended out of such fund and at Jcast quarterly shall file with the Council a detailed statement of .such expcnditures. See. 17-13. The Council may provide for the establishment of a permanent revolving' fund , to be known as the Cash Basis Fund sufficient to place the business of the City upon a cash basis. ARTICLE XVIII Franchises See. 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 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 Elcction shall be held bi-annually on the Second Tuesday in March of each odd numbered year. The first General Municipal Election aftcr 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. See. 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 enactcd by the affirmative 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 eHect and as hereafter amended or codified , for elections in chartered cities and municipalities generally, and in all re,spects not so provided , ther the )wp'ent . and future pro visions of said code or laws govermng County ekctlOns generally, Insofar as they may be applicable, shall govern all df'etiO\ls in this City. The Council and the City Clerk , respectively, shall cxercl3e the powers and perform the duties eonferrcd or i:nposed by la \)' '\ Bo rds of Super- visors and County Clerks , respectlvely, concernmg elcctlOn,s. For the purpose of this article , all seats or positions or; the Council shall be considered as a single office for which as many pe:"sons m to be selected as there arc full and unexpired terms to be filled. No election , either general or special, shall be set aside for any error irreO"ularity or defect in thc proceedings leading up to said elec- tion r in aid election when thc provisions of law governing the same are substantially complied with and where a fair expression of the wil of the electorate is secured. Sec. 19-4. No person .shall become a cand idate for an el cti . offic of the City unless he shall have been nommated 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 consistof one or more providcd that each such section shall contain a full and accurate copy of the text of the petition. Each signer .shall add to his signature his place of residence, giving street and number when such designation can be given. One of the signers of each 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 aHixed in his presence and is the signature of the person whose name purports to be thereto subscribcd. Each Nominating Peti- tion shall state the addrcss of the candidate, the oHice for which he is nominated , and must be accompanied by the written acceptance of the candidatc 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 ollce, all such signatures , except the one appearing on the petition fir"t presented , shall be rejected; provided however, that in case two or more persons are to be elected to the same oHice 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 ollce. 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 of any such petition the City Clerk must file the same and thereupon shall examine and deter- mine whether it conforms to the requiremcnts of this charter, and from the current affidavits of on filc in the offce of the County Clerk of the County of Alameda shall ascertain and determine whether said petition is properly by the requisite number of qualified electors , and within five days from such fiing 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 pctition 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 frorn the filing thereof , make like examination of the same :md attach his certificate thereto. Sec. 19-6. Any person named in a Nominating Petition filed as herein provided may, not later than twcnty-Jive days befor the en- suing General Municipal Election , cause his name to be withdr a.wn from nomination by filing with the City Clerk a statement of wIth- drawal acknowledged before a notary p blic. The names of candidates who have withdrawn , or who have dIed , twenty-five days or more before said election, shall not be printcd 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 oHicers to be elected to an ollce , then other nominations may be made for such oHice 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 ycars , 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 statcment , in Ilot to exeecd one hundred fifty words such other information regarding his experience and qualifications as might enable the electors to determine his litness for ofIice. 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 eopies of such statement equal to the numbcr of qualified elec- tors of the City. Each copy shall be printed on a single sheet of white pap four inches wide by nine inches long, and shall have printed thereon a tme photograph of such candidate taken within 'two years prior thereto. The City Clerk shall mail one of such copies to each qualified elector with the sample ballot. The City Clerk shall not placc on the ballot the namc 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 havc becn nominated as herein pro- vided , and who have complied with the preceding section , together with the ollces to be filled , and not later than twcnty days before the day of election shall certify such list as being thc 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 Election the Mayor must issue under his hand , and the City Clerk must attest an election proclamation containing a statement of the time of the election, the oHices to be filled and the na.rnes 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 publishcd twice in thc 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 need 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, pollng places and officers of elec- tion in more than one of such ordinances or resolutions. Sec. 19-11. The Council shall canvass the election returns and de- clare the result of any municipal election at its lirst rcgular meeting, following the election , or at a spec ial meeting held ",ithi teIl days after such election , unless such electIOn has been consolIdated and the canvassing of rcturns delegated pursuant to general law. Sec. 19-12. In case therc is but one pcrson to bc elected to an oflce the candidate receiving the highest number of votes cast for that oflic shall be declared elected. In case there are two or more persons to be elected to the same ofJjce, then those candidates, cqual in number to the number to be elected , who receive the highest number of votes east for such office shall be declare d elected. Whcre full and one or more unexpired term to the same offIce are to be filled , the candidates, equal in number to the number of oJTicers to be elccted for the full term, who receive the highest number of votes cast for such office, shall be declared elected for the full tcrm , and thc candidate who receives, or the candidates equal in numbt:r to the num er of oJTicers to be elected for unexpired terms who receIve the next hIghest number of votcs, 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 havc 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, dctermine the tie by lot. Such sum- mons shall , in cvery case , be mailed to the address of the candidate as it appears in his Nominating Petition, or delivered to him personally, at least fivc days before the date fixed for the determination of such tie votes. Scc. 19-14. At least ten days before any Special Municipal Election the Mayor must issuc 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 enera l Mnnicipal Elections and no further or other notice need be gIven. Sec. 19-15. No person shall be entitled to vote at any City election unless he shall be registered as a voter in the offce of the County Clerk of Alameda County and unless he would have been entitled to vote in a precinct in this city at a State or County election held on the same day as such City election. The registers used at a1l City elections or in connection with the cer- tification of any petition provided by law shall be the books of current affdavits of registration kept in tbe office of thc 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 any procedure provided therefor in the Elections Code , the Council may divide the City into election pre- cincts and may change the boundaries of, create new, or consolidate established precincts. In thc ordinance or resolution establishing, changing or consolidating precincts the boundaries thereof may be defined by refercnce to exterior descriptions or delineations on precinct maps or both , or by referencc to orders or resolutions of thc Board of Supervisors of the County of Alameda last theretofore establishing pre- cinets withi the City for olding general State and County elections. Unless precmets be establIshed as herein provided , they shall remain last thereto ore established within the City by said Board of Super- VIsors for holdmg general State and County elections. . In case a ,?ity election consolidated with a State or County elec- tIOn the pre llcts a d .pollllg I?laces for such municipal election shall be as estabhshed wIthll thc CIty by the Board of Supervisors of the County of Alameda for the holding of such State or County elections. It s all not be. necessary to set forth in any ordinance or resolution call1lg or relatllg to such consolidated municipal election the election officers for the several precinct boards , but reference may be made to the esoluti m or ordinance of said Board of Supervisors appointing electIOn offIcers for such State or County election. At a1l municipal elections the election officers for each precinct board sha1l co sist of one inspector, one judge and two clerks , except that the CouncIl may determine that one inspector, one judge and oneclerk is suflcient. ARTICLE XX Reca1l See. 20-1. The holdcr of any elective of lice of this City may be re- 1Ied from oflce at any time by the qualified elcctors thereof, pro- vIded he has held his office for at least six months. The provisions of this article are intended to apply to oflcials now in office , as wc1l as to those hereafter elected. Sec. 20-2. Reca1l proceedings shall be instituted by filing with the CIty Clerk a notice of intention to circulate a petition for recall. Such notice shall be signed and duly acknowledgcd by three or more quali- fied electors of the City, and sha1l state the name of, and the office held by, thc person whose recall is sought , the residence address of every person signing the same, and shall further contain a general statement, not exceeding three hundred words in length, of the grounds on which the rccall of such officer is demandcd. Said statement , and the statement in the answer thereto hereinafter provided for, shall be intended solely for the information of the elec- tors , and any insufficiency in the form or substance thereof shall in nowise affect the validity of such recall proceedings. Upon receipt and filing of said notice , thc City Clerk must endorse thereon the date of such filing. Sec. 20-3. Within five days from the date of filing of the notice of intention provided for in the next preceding section , a true copy of said notice shaH be served on the officer whose recall is sought per- sonally, or may be mailed in the City to him by registered mail ad- dressed to such oflicer at his last known place of residence in the City. If made by mail, service shall be deemcd complete at the time of the of deposit in th post offce. Proof of service sha1l be made hy affidavit of the person making 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 notice. 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 thc 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 thc 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 , givc 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 oflicer of the City shall be addrcssed to the Council of the City of Alameda and shall state the name of, and the office held by, the person whose recall from such offce is sought. Such petition shall also contain a copy of the original notice of intention filed with the City Clerk , and shall fur- ther contain a copy of the answer, if any, filed as provided in the next preceding section. If said officer has not filed an answer within the time spccificd herein , then said petition shall so state. Sueh 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 sevcral separate sections , and each such section may consist of several sheets of paper attached to- gethcr; provided , however , that each such separate section shall con- tain a full and accurate copy of thc 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 will enable the location to be readily ascertained. It .shall not be necessary to include in such address wor ds designating the City if petitio recites that the signers are residents of the City of Alameda. Signa- tures , addresses and dates must be written in longhand and in ink or indelible pencil. The commonly accepted abbreviations designating the residence address and the date shall be sufficient. A married woman must sign her own given name or her initials. Sec. 20-7. There shall be attached to every petition , or to each 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 aU signatures appearing on such petition or section were made in affiant's presence , and that the resi- dence address, and the date appearing opposite or following each sig- nature were written by each of thc respective signers at the time signing, in the affant s presence and that according to his best infor- mation and belief each signature is the genuine signature of the person whose name purports to be thcreunto subscribed. Sec. 20-8. A recall petition shall not be circulated for the purpose of obtaining signatures thereto until the expiration of the time limit for the filing of an answer , as specified in Section 20-4. Signatures afFixed to such petition prior to such time shall not be counted. Sec. 20-9. The signer of a recall petition may revoke his signature at any time within forty-five days from the datc of filing thc 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 frmn time to time as completed, provided that all sections comprising such petition must be filed with thc City Clerk not later than forty-five days after thc 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 thc result of such examination. Sec. 20-12. If by the Clerk'the petition is shown to be insufficient 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 office his final certificate showing the result of such examination. Sec. 20-13. The 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 aflixed shall be counted. (c) A person whose signature has bcen 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 Clcrk shall dctermine what number of qualified electors have signed a recall petition from the aff'idavits of registration on file in the office of the County Clerk of Alameda County during the period of such examination , and with respect to the purported signature of any elector , from the afIidavit of registration current and in effect at thc 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 whethcr of the original or supplemental petition , must state the total number of signatures affixed on such petition, the number of signa- turcs 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 rcquircd 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 signaturcs appearing on the original and supplemental petition together. (G) At the timc 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 rcason 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 filed the petition , the City Clerk must deliver to any _such pt;rson a copy of all such statcments, by him certi- fied to be a true copy of the original , together with a certified copy of his certificate. (II) All revocations , petitions , supplemental petitions, certificates statemcnts , notices and all other documents required in this article shall be public documents and open to public inspection as soon as filed. Sec. 20-14. If the Clerk's certificate shall "how that all the valid signatures on said petition, including those contained in the supple- mental petition , are still insulTicient, nO further action shall be taken thereon , but the and Clerk's certificate shall remain on file as a public record. failure to sccure sufficient signatures on such petition shall be without prejudice to the institution of new proceed- ings for recall and thc 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 suff'iciency. 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 thc date of calling such election to determine whether the electors will recall such offcer 'and for the purpose of electing a successor. Should a Gencral Muni ipal Election occur not more than sixty days nor less than thirty-five days from the time of the receipt of the petition by the Council from the Clerk and the date of calling the election , the Council may, in its discretion , sub- mit such recall at such Ceneral Municipal Election. Sec. 20-17. One petition is sufficient to propose the recall of one or more elective officials , and one election is competcnt for the recall and election of one or more elective officers. Sec. 20-18. Nomination of candidatcs for any ofTice to be filled at such recall election shall be made by petition in the manner prescribed by thi. charter for the nomination of candidates for public ofTice at General Municipal Elections. Sec. 20-19. There shall be printed on the recall ballot , as to every oflicer 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 "tamping 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 havc been nOIninated as candidates to succeed the person recalled , in case he shall be recallcd from oflice by said recall election , but no vote shall be counted for any candidate for "aid ofTice unless the voter also voted on said question of the recall of the person sought to be recalled from said ofTice. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the ofTice. Sec. 20-15. The City Clerk is hereby empowered to employ such persons as may be necessary to assist him in the examination of any such petition. Each such person shall be paid by the City for "uch serv- iccs a sum not to exceed five dollars per day as determined by the City Clerk. Sec. 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 Sec. 20-20. The City Clerk shall cause to be printed and mailed to each elector of the City at least ten days prior to any recall election , a sample of the ballot to be used at such election. Sec. 20-21. If a majority of those voting on the question of the re- call of any officer from office shall vote "" said officer shall con- tinue in said office. If a majority shall vote "Yes " said oflieer shall thereupon be deemed removed from such office. The Council shall canva&s 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 ofTiee shall be declared elected for the remainder of the term. In (ase 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. See. 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 off'iceI' 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 been filed with the City Clerk, then the City Council shall fill the vacancy caused by such resignation by appointment. The pcrson 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 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 off'icer thus resigned , which election shall be held not less than thirty-five days nor more than forty-five days after the calling of such election. ln the cvent that the officer whose recall is sought should resIgn his ofTice , or a vacancy occur in said offce , after a petition for his recall is filed , the election shall nevcrtheless 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 o vacancy occurs the recall election has . not be . called , t e 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 n?t less than thirty-five days nor more than forty-five days after the callmg of such election. Scc. 20-24, All Special Municipal Elections for reeall or to fil any vacancy created by recall or by resignation pending recall proceedings shall b conducted , as near as may be , as in this charter provided for General Municipal Elections. Sec. 20-25, No person who h s been rccalled . or wh e; has esigned from off'ice while recall proceedmgs were pendmg agamst hun shall bc appointed to or become a candidate for any City office within one year after such resignation or recall. Sce. 20-26. The performance of the acts equired by this articI to b performed by the City Clerk , the CounCIl , . 01' any oth offIcer, IS hercby declarcd to be mandatory on such offIccrs. The faIlure of any such offcer to perform any of sa id acts within the herein sp ei- fied shall not invalidate or termInate such proceedmgs but the tIme for the performancc of any subsequent act shall be extended for a period equal to the period of delay. Sec. 20-27. This article shall be liberally construed to promote the objects thereof, and no error , omission or irregularity not affecting the substantial rights of any citizen or public off'icial 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 Refercndum Sec. 21-1. The Initiative and Referendum may be exercised by the qualified electors of the City in the manner provided by gcnerallaw. ARTICLE XXII Miscellaneous Sec. 22-1. No officer or employee of the City shall: (A) Become financially interested , exccpt 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 emplo)ied by any public scrvice 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 ccnt of the outstanding capital stock of a corporation. (B) Give, accept or promise anything of value for the purpose of procuring a nomination, appointment , election or employment. (c) Knowingly mislead any bidder by giving or withholding infor- mation. A willul violation of any of the foregoing provisions shall consti- tute misconduct. Sec. 22-2. Any contract orsalc , purchase, lease or transfer of real or personal property to which the City is a party and in which any offcer or employee of the City is financially interested , directly or indirectly, except as provided in Section 22-1 (A), shall be voidarble at the election of the Council. Sec. 22-3. Every oflicer 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 dcmand so ilegally ap- provcd , allowed or paid. Sec. 22-4. Any perscn convicted of a felony or misconduct in office shall forfeit his offce or position of employment. No person who shall have been convicted of a felony or misconduct in offce shall ever hold any office or position of employment in the scrvice of the City. Sec. 22-5. All books , files and records of the City and of all boards and officers thereof shall be open to public inspection during usual business hours, unless secrecy of the contents of such books , files and records is neces.sary 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 onc 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 fixcd 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 cvery 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 trusts .and control , manage , disp'0se 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 thc 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. Bowd 'Of EduccrtlOu , successor to Board of Educcrtion. Libr~ry B , successor to Board of Library Trustees. PublIc UtIhtles 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 1'1 CLE XXIV Off-Strcct 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 wri ten. evidence of any obligation issued by the City, payment of winch IS secured by a pledge of revenues or any part of revenues , as provided in this Articlc , 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 ofl- strect vehicular parking facilities now or hercaIter owned by the City and operated or eontrollcd 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 , constructcd , 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 received or receivablc in connec- tion with , and any and all income and receipts of whatever kind and oharacter derived by the City from ,the operaJtion ofa project , 'Or al'is- ing from a project, including any such revenues as may have been or may be impounded or deposited in any fund created for the security or further protection of revenue 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 parking meters within the City now owned or controlled or hereafter acquired or controlled by the City and net revenues of any existing off-street parking facilities to the extent that the same shall be pledged or other- Sec. 22-11. All real property acquired by the City shall be held in the name of "City of Alameda. ARTICLE XXIII Schedule Sec. 23-1. This charter shall take effect on July 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 effeet unless contrary to the provisions hereof, subject to repeal and amendment. See. 23-3. All offcers and employees of the City at the time this charter takes effect shall continuc in oflice for the remainder of their respective terms (if fixed) or until removed as herein provided (if for an indefi.nite 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 shaIl hold office until Junc 30, 1939, and all members of said Board elected in the ycar 1936 shall hold office until June 30 , 1941. Of the vacancies occur- ring June 30, 1939 , one shaIl 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. Sec. 23-5. The Boards and members thereof named in the first (c) IMPROVEMENTS. To improve any lands so acquired by the construction thereon of garages or other buildings or improvements necessary or convenient for any project. (D) CONTROL OF PROJECT. To construct, establish , improve extend, maintain , operate, administer , lease and _sublease any project; (E) RATES , FEES AND CHARGES. To fix rates , fees or charges for the use of the facilities provided by any project, or for any services rendered in connection thcrewith , and to alter , change or modify the same at its pleasure, subject to any contractual obligation which may be entered into by the City with respect to the fixing of such rates fees or charges; and , by a resolution of issue or otherwise, to enter into covenants to increase rates , fees or charges from time to time; pro- vided, however , that any person shall be permitted to use or operate any facilities provided by any project only upon payment of the regu- larly established charge therefor, cxcept as may be otherwise specifi- cally provided in a resolution of issue. All rates , fees and charges shall be paid only in such coin or currency as on the date of payment is legal tender for public and private debts, or in scrip or tokens issued only upon payment of the face value thereof in such coins or currency; (F) ISSUANCE OF REVENUE BONDS. At any time and from time to time to issue revenue bonds in order to raise funds for the pur- pose of establishing any project or of acquiring lands for any project or of acquiring, constructing, completing, improving, extending, main- taining, operating or administering any project, or of refinancing any project, or for any combination of such purposes, which bonds may be secured as hereinafter providcd; (G) CONTRACTS AND LEASES. To make contracts, leases , sub- leases and agreements relative to the acquisition , operation or mainte- nance of any project or any part of any project with any person or public corporation, political subdivision, city, county, district, the State of California , or the United States of America, or any department or agency of any thereof, subject to any contractual obligation which may be entered into by the City with respect to the issuance of bonds; (H) LEASES OF SPACE FOR COMMERCIAL PURPOSES. To lease for commercial purposes space in any project which in the opin- ion of the Council is not and wil not during the term of such lease be required for ofl-strcet vehicular parking facilities , providcd that the aggregate of all such space so lea ed 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 leasc shall not exceed a period of five (5) years from its date; (r) RULES AND REGULATIONS. To adopt such rules and reg- ulations as may be necessary regarding the operation and maintenance of any project and to enable the City to exercise the powers and per- form the duties conferred or imposed by this Article; and (J) MISCEI:LANEOUS. To do any and all acts or things neces- sary or appropnate to carry out the purposes of this Article and the provisions, covcnants and agreements contained in any resolution of issue adopted pursuant to the authority conferred by this Article; pro- wise madc available for the payment of operation and maintenance costs of any project or as sccurity 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 (750/0) 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 ofT-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 off-street park- ing facilities after deducting therefrom the actual necessary expenses of maintaining and operating such facilities , calculated on sou d ac- counting principles, but without any allowance for depreciatIOn or obsolescence. (F) RESOLUTION OF ISSUE. The tcrm "resolution of issue means any agreement entcred into by the Council , including any reso- lution adorted by the Council , pursuant to which revenue bonds are issued; and- includes any agrecment cntered into or resolution 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 theConstitu- tion or laws of thc State of California , shall have power to acquire (whcther by purch,lse, lease , eminent domain , or otherwise), construct establish , irnprove , ext?nd , maint , op , administer , l ?as: and sub-lease off-street vehIcular parkmg faCIhtIes and places wIthm the City, including any and all public park ng lots arageso otherauto- motive parking facilities, in order to reheve traffIc congestIOn and pro- mote the welfare of the citizens and inhabitants of the City, and , for the payment of the cost thereo , to issue ond from the rev- enues of any such off-strect vehIcular parkmg facIlItIes and from other revenues , all as hcreinafter provided in this Article. Sec. 24-3. GRANT OF POWElL Without limiting the gcnerality of Section 24-2 the Council of the City for anv of the purposcs of this Article shall ha c the powcrs set forth in this section , as follows: (A) ACQUISITION ANI? DIS OSITION OF PROP RTY.. To acquirc , by grant , purchase , gIft, devIse , lease or by theexereIs of nght of cminent domain, and to hold , use , sell , lease , sublease or dIspose of any real or personal property or any: intercst in any thereo , including rights-of-way, necessary or appropnate for th:. full exerCIse , or con- venient or useful for the carrymg on , of any of Its powers pursuant to this Article; 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 necessary: or convement for thc ning, widening,. straight ening and extendmg of streets . or . alleys necessary or convement for mgress to or egress from any proJect Sec. 24-7. PROVISIONS RELATING '1'0 BONDS. The follow- ing provisions shall govern and apply to (1) all revenue bonds issued pursuant to this Article and (2) each resolution of issuc relating to the bonds thereby authorized: DATE OF BONDS. Bonds shall bear dates prescribed by the resolution of issuc. (B ) MATURITY. Bonds may bc serial bonds or sinking fund bonds with such maturities as shall be provided in the resolution of issue. 0 bond by its terr-rs shall mature in more than forty (40) years from Its own date and , In the event any authorized issue is divided into two or more series or divisions , the maximum maturity date of each such series or division shall be calculated from the date on the face of each bond separatcIy, irrespective of the fact that different dates may be prescribed for the bonds of each separate series or divi- sion of any authorized issue. (c) INTERES'r. Bonds shall bear interest at a rate of not to ex- cee d six (6) per cent per annum , payablc annually or scmi-annually, or m part annually and in part semi-annually. (D) COUPON OR REGISTERED BONDS. Bonds may be issued coupon bo r:ds or as registered bonds. A resolution of issue may pro- vIde for the Interchange of coupon bonds for registered bonds and registercd bonds for coupon bonds, and may pro ide that the bonds shall be registered 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 dltIOns and upon such notice as the resolution of issue shall pre- sCrIbe and upon payment of such premium (not exceeding six per cent (6%) of the par value of such bonds) as may be fixed in the olutio of issue. No. bond shall be subject to call or redemption prIor to Its fixed maturIty date, unless the right to exercise such call is expressly stated on the face of the bond. (F) SOURCE OF PAYMENT. All revenue bonds shall be pay- able exclusively from revenues. (G) REFERENCE ON BONDS TO RESOLUTION OF ISSUE. erence on the .rae of a ..venue l ond to the resolution of issue by Its date of adoptIOn IS suffIcIent to Incorporate all of the provisions thereof and of this Article into the body of said revenue bond and its appurtenant coupons. Each taker and subsequent holder of a revenue bond or coupons , whether such coupons are attached to or detached from said revenue bond , shall have recourse to all of the provisions of thc 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 neithcr 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 MANNE OF PAYMENT. The principal of r:d Interest on bonds may be paId at anyone or more places within or wIthout t e State of Californ5a and in any specified coin or currency of the Umted States of AmerIca , as may be provided in tbe resolution of issue. CO EXECUTION AND AUTHENTICATION OF BONDS; VALIDITY OF SIGNATURES AND COUNTERSIGNATURES. Bonds may be executed in the name and on behalf of thc City and n.der its s . an authenticated by the manual , lithographed or prInted facslIlIle sIgnature of any offcer or officers of the City and may also be authenticated by a trustec 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. 24-4. PLEDGE OF NET PARKING METER REVENUES. In addition to all other powers elsewhere enumerated in this Article, thc 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 revcnues collected by the City from the establishment and opera- tion of (A) on-street parking meters within the City now owned or eon trolled or hereaftcr acquired or controlled by the City and (B) existing off-street parking facilities, for such periods of years as shall be determined by thc 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 different maturities or dates for each series or division diffcrent rates of interest , or different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character , have the same security, or be of the same interest 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. Sec. 24-6. AUTHORIZATION OF REVENUE BONDS. Each issue of revenue bonds shall be authorized by the Council bv a resolu- tion of issue adopted by affrmative votes of at least four-fifths ( 4 /5ths) of the members of the Council at a duly assembled meet- ing. Resolutions of issue shall provide for the aggregate principal amount , date or datcs , maturities, interest rates , denOIninations and and may provide for the registration, transfer and interchangc 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 which said bonds may be redeemed prior to maturity or refunded. the Council , and thc seal of the City may bc affixed to the bonds by printed , lithographed or other reproduction there , all as II,,y be provided in the resolution of issue. If any of the offIcers whose sI na- tun s or countcrsignatures 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 vall? and . of the same force and cffect as if such officers had remamed m oflIce 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 . tem.po- rary or interim bonds, certificates or receipts of ny denomm ons whatsoever and with or without coupons , and wIth such provIsIOnS as the Cou cil shall determine , to be exchanged for definitive bonds when ready for delivcry. In the absence of an 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 replaeed as providcd 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 T enues of the project for the acquisition : construct!on and completIOn of which said bonds are issued or authonzed to be Issued , (B) revenues from 'On-street parking meters and (c) revenues of any existinff off- street parking facilities , all as provided for in the resolution o Issue. Gross revenues of a project include improvements and extenSI?nS of such project later constructed or acquired. The pledged portIOn . of the gross revenues of the project and all pledged on-street park met r revenues and pledged revenues of existing ofl-street parkm facilities and all interest earned on allpledgcd revenues shall constI- tute a trust fund for the security ana payrnent 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 r: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 all 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 .bondsand amou ts for any other lawful purpose or purposes of the CIty may be a'ppor lOned from said revenues and intcrest but only to the extent specIfied 11 the reso- lution of issue. (N) BONDS OF SAME ISSUE TO BE EQUALLY SECURED. Bonds of the same issue shall be equally secured by a pledge and charge upon revenues , without priority forn mber , date f bonds , . of sale , ?f execution , or of delivery; except that If the CouncIl authol"zes the IS- suances of bonds of different series it may provide that the bonds of any series shall , to the exten and in the m er I:rescribe in resolution of issue , bc subordmated and be .JUnIor m standmg respect to the payment of principal and interest and the secul"ty hereof to such other bonds as may be specified in the resolution of rssue. (0) REFUNDING BONDS. The Council may provide for the issuanee , sale or exchange of refunding bonds for the purposc of re- decming, retiring or refunding any revenue bonds issued under this Article , subject to any limitations contained in the resolution of issue pur.suant to which such revenue bonds are issued. All provisions of this Article applicable to the issuance of revenue bonds shall bc appli- cable to the refunding bonds and to the issuance, sale or exchange thereof. Refunding bonds may be issued in a principal amount sufli- cient to provide funds for the payment of all bonds to be refunded thereby, and , in addition , for the payment of all expenses incident to the calling, retiring or paying of such outstanding bonds and the issu- ance of such refunding bonds. Such expenses may includc the difler- enee 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 date of payment of the bonds to be refunded , or to the date upon which the bonds to be refunded will bc 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 call or retirement. (1') VALIDITY OF BONDS NOT AFFECTED BY ACTIONS OF CITY RELATIVE TO PROJECT. The validity of the authoriza- tion and issuance of any revenue bonds by the Council shall not be dcpendent on or aflected 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 arc authorized to be issued. Sec. 24-8. SALE OF BONDS. Before selling any bonds the Coun- cil shall givc 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 eithcr 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 excecd 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 projcct 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 adopted 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 separate 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 dcsignated the "Construction Fund" and be disburscd in the mannCr and upon the conditions provided in the reso- lution of issue 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 N-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 rcsolution of issue. A resolution of issue may provide that any moneys in a construction fund remaining unexpended after said object and purpose shall havc been completed .shall be applied to the pay- mcnt of the principal of and interest on said bonds , and that none of said moneys shall he transferred to any other fund of the City or used for any purpose other than as specified in the resolution of issue. (B) CONTINUOUS OPERATION OF PROJECT; REPAIRS RENEW ALS AND REPLACEMENTS. A resolution of issue may provide that, so long as any bonds the eby au:horized shall be out- standing, thc City shall operate the project desIgnated 1I the resolu- tion of issuc continuously and in an efficient and economical manner and in good working or dcr and condition and shall make all necessary repairs , improvements and replacements. (c) RATES, FEES AND OTHER CHARGES. A resolution of issue may provide that the Council wil presc , revise . and collect rates, fees and charges (i) for use of the faCIlItIes provIded by the project acquired , constructed or completed from th e proce of sale of the bonds issued pursuant to such resolutIOn of Issue , (11) for any services rendercd in connection with such project , and (iii) for use of anyon-street parking meters and existing ofl-strect parking facili!i any revenues from which are pledgcd to securc the bonds. A resoluyon 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 required for any sinking fund , reserve 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 thc 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 PRO'T'ECTION 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 the holders thereof and to warrant and defend sueh rights. A rcso- lution of issue may require the City to pay and discharge or cause to be paid and. discharged all lawful claims for labor, materials and sup- plies or other charges which, if unpaid , might become a lien or charge upon revenues , or which might impair the sccurity 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 or dispose of a project or to enter into any lease or agreement which impairs or impedes the operation of a project or of any part thereof necessary to provide adequate revenues, or which otherwise impairs or impedes the rights 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 othcr proceeding authorized by law, the proceeds to the City therefrom shall be applicd 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 rcsolution of issue may specify or limit the kinds and amounts of insuran.ce 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 property damage and against loss by fire or any other hazard , as may be provided in any 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. street"vehicular parki ~g facilitics or places rnaintained or operated by e CIty throu i?h the :ssuance of revenue bonds pursuant to thi, Ar- tIcle. A resolutIOn of Issue may except from the covenant authorized to ?mad by this section any and all ofl-street vehicular parking faCIlItIes then or thereafter maintained by the City. (K) LIMITATION ON ADI)lTIONAL INDEBTEDNESS. A :esolution of issue m y limit or restrict the incurring of additional debtedness payable II wh )le or in part from the revenues charged wIth payment of the bonds Issued pursuant to such resolution of issue. EVE N,!S?F DEFAULT. A resolution of issue may designate e nghts , hmItatIOns, powers and duties arising upon breach by the CIty of any of the covenants, conditions or oblicrations therein con- tained, and may provide the terms and conditi ns upon which all ?ds issued th reun may be declared or become due and payable pnor to . matun y and thc terms and conditions upon which sueh declaratIOn and Its consequences may be waived. (M) AMENDMENT OR MODIFICATION OF RESOLUTION ?F ISSUE. A reso 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 meetings with bondholders and the manner in which the consents of the bondholders may be given. A resolution of issue may set forth a specific statement of the effect of each such amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining thereto. . resolution of issue may contain a provision that bonds held by the CIty or by the State of California or any public corporation , political subdivision , city, county, district or any agency of any thereof, shall not be counted as outstanding bonds or be entitled to vote or consent, but shall nevertheless be subject , to any such amendment or modification. (N) USE OF SURPLUS. After all of the revenue bonds issued pursuant to a resolution of issuc shall have been fully paid or dis- charged , or provision for their payment and discharge irrevocably made, any surplus moneys in any construction fund or other fund provided for the security or further protection of the bonds shall , sub- ject to the limitations and restrictions in said resolution of issue, bc- come and be the property of the City and be used by the City for any lawful purpose. (0) ADDITIONAL COVENANTS AND AGREEMENTS. A resolution of issue may provide for such other acts and matters and may incIudc any and all such additional covenants and agreemcnts on the part of the City as the Council shall deem nccessary or advisable. Sec. 24-11. RIGHTS OF BONDHOLDERS. Except as provided otherwise in any resolution of issue , the holder of any bond issued pur- ?uant to his Article may :by mandamus or ather appropriate proceed- mgs reqUIre and compel the 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 aequisition , construction , comple- (H) 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 the 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 projcct 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 official newspaper of the City; and (v) that the books and rccord s of the City pertaining to the opera- tion of any project and to all of said other 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. (1) 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 holders of the bonds such rights and remedies as may be 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 arc 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 trustce , fiscal agent or paying agent shall receive, hold or disburse any or all revenues deposited with it by or by authority of the City. A resolution of issue may prescribc 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 the resolution of issue as security for the bonds. (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 permit 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- tion , operation , maintenance, repair , reconstruction or insurance of any project , or the collection , depo;;it , investment, application and dis- bursement of rates, fees and chargcs derived from the operation and use of any project and all other revenues , or in connection with the deposit, investment or disbursement of the proceeds received from the sale of the bonds under this Article. The enumeration of such rights and remedies does not , however , exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds issued pursuant to this Article. Sec. 24-12. ARTICLE CONFERS COMPLETE AUTHORITY; PROVISIONS OF ARTICLE ALTERNATIVE. The provisions of this Article constitute full and complete authority for the issuance of revenue bonds as hercin 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 revcnue bonds shall be deemed an additional method for acquiring, construeting and completing such projects and providing funds there- for; provided that the City may, in its discretion , acquire any proper- ties for off-street vchicular 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 dcscribed 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. INDEX ACCOUNTANT See Certified Public Accountant Auditor as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ADVERTISING Bids, Callng for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bulletin in Lieu of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Official Newspaper, Council to designate. . . ., . . . .. . Publication of Ordinances. . . . . . . . . . . . . . . . . . . . . . . Public Utilities 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 money in treasury. . . . . . . . . '.' . . .. " Custody of books. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Demands , payment. . . . . . . . . . . . " . . . . . . . . . . . . . . . . Deputies and employees. . . . . . . . . . . . . . . . . . . . . . . . . Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Emergency Revolving Fund. . . . . . . . . . . . . . . . . . . . . . Ex-offcio Assessor............................. Salary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacancy, deputy to fill. . . . . . . . . . . . .. . . . . . . . . . .. . Warrants, payment. . . . . . . . .. . . . . .. . . . .. . ... . . . 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 cx- eluded 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. BIDS Expenditures over $1 000. . . . . . . . . . . . . . . . . . . . . . . . Misleading bidders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offcial Newspaper. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Resident , preference. . . . . . . . . . . . . . . . . . . . . . . . . . . . Revenue Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AR TIGLE XXV U rhan Renewal BOARD OF EDUCATION See Boards Appointments. . . . . . . . . . . . . . ., " " 10. Established . . . . . . . . .. ........................ 10- General law applicable. . . . . . . . . . . . . . . . . . " . . . . . .. 11- Powers and duties. . . . . .. . . . . . . . . . . . . .. . ... .. . .. 11- Terms of offce..................,............. 10. Sec. 25-1. Urban Renewal, a'rea redeve1Gpment pursuant to Fed- eral or State aid shall not be adopted in the City of Alameda without a vote of the people. Section 12-2 (B) 17- 17- 22-1 (e) 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 legal 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 mcmbers. . . . . . . . . . . . . . . . . . . . . . . .. 3- Establishment of ......,. . . . . . . . . . . . . . . . . . . . . . .. 10- Gifts , power to accept. . . . . . . . . . . . . . . . . . . . . . . . . " 22- Library Board , membership. . .. .. . .. . . . . .. . . .. . .. 10. Library Board , powers and dutics. . . . .. . ... ... ..,. 16- Mcmbers , 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 , powers and duties. . . . . . . .. .. 12- Removal of members. . . . . . . . . . . . . . . . . . . . . . . . . . " 10- Rules , establishing. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10- Social Service Board , membership. .. . . . . .., . . . .. .. 10- Social Service Board , powers and duties. . . . . .. . .. " 15- Successor 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. . . . . . . . . . . . . . . 7 (0) 7 (E) 24-3 (F) 7 (E) 24-7 (A-P) 24- 22. BOUNDARIES OF CITY 0' 00.00..0..0." " ... .0, BUDGET See Finance and Taxation CERTIFIED PUBLIC ACCOUNTANT Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dutics ....................................... Power to administer oaths. . . . . . . . . . . . . . . . . . . . . . . Public Utilities Board reports. . . . . . . . . . . . . . . . . . . . . 7 (e) 7 (e) 12-4 (B) CHARTER, Effective Date. . . . . . . . . . . . . . . . . . . . . . . .. . ., 23- CHIEF OF FIRE DEPARTMENT See Fire Department Appointment and Removal. . . . . . . . . . . . . . . . . . . . . . . 3, 7- Page CHIEF OF POLICE See Police Department Appointment and Removal...................... Legal process, execution. . . . . . . . . . . . . . . . . . . . . . . . . CITY ATTORNEY Appointment and Removal. . . . . . . . . . . . . . . . . . . . . . . Bonds , approval.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CompenEation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . Rccords of City, keeping. . . . . . . . . . . . . . . . . . . . . . . . CITY ENGINEER Appointment and Removal. . . . . . . . . . . . . . . . . . . . . . . Duties, qualifications.. . . . . . . . . . . . . . . . . . . . . . . . . . Employees, discipline. . . . . . . . . . . . . . . . . . . . . . . . . . . Street Superintendent , consolidation. . . . . . . . . . . . . . . CITY MANAGER Absence or disability of. . . . . . . . . . . . . . . . . . . . . . . . . . Appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : Boards , investigating proceedings. .. ...........,. Budget, preparation. . . . . . . . . . . . . . . . . . . . . . . . . . . . Budget, submitting. . . . . . . ., ..............,.... Chief Administrative 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 disciplinc. . . . . . . . . . . . . . . . . . Employees , rules for. . . . . . . . . . . . . . . . . . . . . . . . . . . Fire Department , appointments. . . . . . . . . . . . . . . . . . : Franchises , performance. . . . . . . . . . . . . . . . . . . . . . . . Full time , devoting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Golf Courses , supervision. . . . . . . . . . . . . . . . . . . . . . . . Health Offcer , appointment. . . . . . . . . . . . . .. . . .. . . Influencing or interfering with. . . . . . . . . . . . . . . . . . . Offcers and employees , supervision. . . . . . . . . . . . . . . Parks , supervision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . We Department , appointments.... . .. . ., . .. ... : o Ice Secret Fund.. . . . . . . . . . . . . . . . . . . . . . . . . . . . , 11 Section , 7. 1 (e) 1 (E) 1 (D) 1 (e) 7 (H) 2 (M) 2 (r.) 17- , 7-'5 3 7. 3: 7- , 7. , 7.11. 2 (H) 2 (E) 17. 17- 2 (0) 2 (K) 2 (H) 2 (N) 2 (I) 7:2 (e) 2 (I) 2 (K) 17. Page , 11 , 11 , 11 , 11 1, 11 , 1 I , 11 CITY MANAGER-(Continued) Section Policies , recommending to Council. . . . . . . . . . . . . . " 7-2 (F) Powers and duties. .. . . . . . . . . . , . . . . .. . . . .. . . . . " 7- Public property, supervision. . . . .. . .. . . . . . .. . .. . . . 7-2 (1) Public Utilities Board , member. . . . . . . . . . . . . . . . . .. 10-, 23- Purehasing 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 Offcer, consolidation..... ................ CITY PLANNING BOARD See Boards Appointments. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . Established . . . . . . . . . . . . . . . . . . , , . . , . . , . . , . . . . . Membership, ter!"s . . . . . . . , . . , . . . . . . . . . . . .. .... Powers and dutIes.. , . . . . . , . , . . . . . . . . . . . , . . . . . , . Planning Director , Secretary. . . . . . . .. . . . . . . . . . . . . CIVIL SERVICE BOARD See 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 Managcr. . , . . . . . . . . . .. ..... Financial interest of employees. . . . . . . . . . . . . . . . . . . Letting, on bids. . . . . . . . . . . . . . . . . . . . . . . , . . . . . , , . Public Utilities Board , purchases. . . . . . . ., .. ...... Public Utilities Board , construction........ ....... Written, when required. . . . . . . . . . . . . . . . . . . . . . . . . . COUNCIL Action how taken. . . . . . . . . . .. . . . . . . . . . . . . . . .. . . Action ' vote required........................... Bids a arding contract. . . . . . . . . . .., .. . . .. .., .. . . Boa :ds , appoi'ntments ........................... Boards , removal of members. . . . . . . . . . . . . , . . . . . . . . Bonds , fixing ................................. 10- 10- 10. 14.11. 1 ( c) 2 (H) 22- 12-1 (c) 12-(13) 10- 10- 7 (E) Page 13, , 11 COUNCIL-(Continued) Budget, adopting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bulletin in lieu of advertising. . . . . . . . . . . . . . . . . . . . Cash Basis Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City A.torney, appointment. . . . . . . . . . . . . . . . . . . . . , City Clerk , appointment.. . . . . . . . . . . . . . . . . . . . . . . . City Manager, appointment. . . . . . . ... . .. .. . ... . . . City Manager, to attend meetings. . . .. . . . ., . . . . , . . Civil Serviee 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 tem. ... .. . .. . ... ... . . . ' .. . .. ." . . . . . Mayor , vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mcetings , 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. . . . . . . . . . . . . . . . . . . . . . . . Vacancies, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacations , providing for. . . . . . . . . . . . . . . . . . . . . .. . . COUNCILMEN Absence creating 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 (n) 7 (G) 7 (A) 7 (r) 17- 24-3 (A-J) 10- 12-3 (E) 7 (G) 10- 7 (n) 17- 17-17. 22- 7 (D) '\- 7 ( n ) Page Section DAY NURSERIES Supervision.......... " .. . . . . . . . . . " 15-1 (D) DEMANDS, Presentation and Allowance. ... . . . .. . ... .. ELECTIONS Candidatcs 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. " . . . . . . . . . . . . . . . . . . . . . . . . Proclamation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Recall , see Recall Registration , necessity of. . . . . . . . . . . . . . . . . . . . . . . . . Special , calling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Statement of candidate. . .. . . . . . . .., .. . ... . .. .. . . Tie vote. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Withdrawal from nomination. .. . .. . . .. .. . .., ... " EMPLOYEES Civil Service System. ."........................ Continuing in offce. . . .. ....................... Discipline, appeal............................. Felony, forfeiting employment. . . . . . . . . . . . . . . . . . . . Financial interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscond uct . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pension system for. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residenee .........".......................... Travel expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacations . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . Unauthorizcd payments. . . . . " . . . . . . . . . . . . . . . . . . . EMPLOYMENT BUREAUS, Supervision . ".... ......,..., 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fiscal year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gcncral 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-(A) 22. 7 (I) 22- 7 (D) 22. 15.1 (D) 17- 17. 17. 17- 17- 17. 17. 17- 17- 12. 17. 17- 17.4 17- 17.6 ' 17- FIRE DEPARTMENT Sedion Appointmeruts in, City Manager. . . . . . . . . . . . . . . . .. . 7.2 (K) Chief, appointment, removal. . .. . . . . . . . . . " . . . . . . 2., 7- Discipline of members by Chief. . .. . .. ... . .. . .. .. . 7- Discipline of members by C.ty Manager. ... ... ..... 7.2 (c) Dismissal , appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13- Emergency. Mayor to command. . . . . . . . . . . . . . . . . . . 6- Page 23, fIS-CAL YEAR. . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .... 17- FRANCHISES Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gvanting, by ordinance.. " Terms .... ... ...... ... ... ...,.. ... ... ... ..... Vi'olations, City Manager .to report. . . . . . . . . . . . . . . . GENERAL FUND Transfers to , Public U tiEties Board. . . . . . . . . . . . . . .. 12-6 GENERAL LAW, when applieable. ... . .. ... . .. ... ... ... GOLF COURSE City Manager to supervise. .. . ... . .. ... ... ... .. . HEALTH DEPART Employees , disoipline of. . . . . . . . . . . . . . . . . . . . . , . . , Heal h Offcer, appointment. ................... , Transfer to County of Alameda. . . . . . . . . . . . . . . . . . . HEALTH OFFICER Appointment and Removal...................... City Physician , Consolidation..................... Powers and duties. . .. .. . . . . . .. ... ... ... ... ... .. Qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . INITATIVE General law applicable. .. . . . . . . . . . . . . . . . . . . . . ... 21- Sulhmission by Council. . . . . . . . . . . . . . . . . . . . . . . . . . 3- LESES Custody, City Clerk. . . . . . . ... . ., ... . .. ... ... .. . Longer than one year. . . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities Boar. . . . . . . . . . . . . . . . . . . . . . . . . . . LIBRARY BO-ARD See Boards 18. 18- 2 (H) 2 (E) 2 (I) 3 7. 1 ( c) 12-2 (c) Appointments. . .. . .. . .. . . . ... .. . ... .., ... ... .. 10- Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16- Established . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10- Fines , gifts , etc. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 16- Library Fund created........... . . ... '"'''''''' 16-1 (B) Page , 11 , 11 LIBRARY BOARD-(Continued) Section Library system , contro1.......................... 16.1 (A) Membership, terms. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10. Non-resident privileges.. . . . ., . . . . .. . . . . . . . . . . ' " 16-1 (E) Powers. . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . " 16- Purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 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............................... Official head of City. . . . . . . . . . . . . . . . . . . . . . . . . . . Proclamation , governmcnt by. . . . . . . . . . . . . . . . . . . . . PubJic Utili tics Board , nominations.... ... .,. ... .. Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Social Service Board , nominations. . .. .. . .. . . . . .. . . Special Election , Proclamation. . . . . . . . . . .. . . . .. . . . Special meetings , calling. . . . . . . . . . . . . . . . . . . . . . . . . Vacancy, how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . . MUNICIPAL AFFAIRS, Power over. . . . . . . . . . .. . . . . .. . . . OATH OF OFF!CE Council to prescribe. .......................... Failure 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-offcio. . . . . . . . . . . . . . . . . . . . . . . Auditor , elective. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bonds. . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . Bonds failure to file. . . . . . . . . . . . . . . . . . . . . . . . . . . . Budo-e t submitting............................. Chi;f f Fire Department , appointment. ... ... .. . . . Chief of Police , appointment. . . . . . . . . . . . . . . . . . . . . City Attorney, appointment. . . . . . . . . . . . . . . . . . . . . . City Clerk , appointment. . . . . . . . . . . . . . . . . . . . . . . . . City Engineer , appointment. . . . . . . . . . . . . . . . . . . . . . City Manager, appointment. . . . . . . . . . . . . . . . . . . . . . City Physician , appointment. . . . . . . . . . . . . . . . . . . . . . City Planning Director , appointment. . . . . . . . . . . . . . Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Compensation , incrcase and decrease. . . . . . . . . . . . . . Continuing in offce. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10- 17- 19- 10- 10-4 19. 7 (B) 7 (F) 7 (F) 1 (D) 7 (E) 17. , 7- , 7. 3. 7. 3, 7.11. 22- 23. Page OFFICERS-(Continued) Councilmen , elected. . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputies as ................................... Elective , term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Elective , who are. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fces , property of City.......................... Felony, forfeiting offce. ... ... ... .., ... ... .., .... Financial interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fire Chief, appointment. . . . . . . . . . . . . . . . . . . . . . . . . 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. . . . . . . . . . . . . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Street Superintendent, appointment............... Tax Collector, Treasurer ex-offcio. . . . . . . . " . . . . . . Traveling expenses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer, elective. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Unauthorized payments , liability for. . . . . . . . . . . . . . Vacancies , how filled. . . . . . . . . . . . . . . . . . . . . . . . . . . . Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Who are. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OFFICES Business hours................................ Deputy to fill vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . Rccallcd offcer not to hold. . . . . . . . . . . . . . . . . . . . . . Vacancy, election of suecessor. ... ... ... .., ... ... . Vacaney, filling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OFFICIAL NEWSPAPER See Advertising Council to designate......... . . . . . . . . . . . . . . . . . . OFF-STREET VEHICULAR PARKING Aecounts , Books and Records. . . . . . . . . . . . . . . . . . . . . Authorization of Revcnuc Bonds , each issue. ., . . . . . . Bids , inviting for Sale of Bonds. . . . ... . . . .. . . .. . . Bonds , provisions relating to. . . . . . . . . . . . . . . . . . . . . Council , powers grantcd 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. . . . . . . . . . . . . . . . . . . . . . . Ratcs , Fees and Other Charges for use of facilities. . . Resolution of Issue of Revenue Bonds , provisions. .. Revenues, Holding and Applying. . . . . . . . . . . . . . . . . Rights of Bondholders. . . . . .. . . . . . . . .. . . . .. . . . . . . Salc of Bonds , inviting sealed bids. . . . .. . . . . . . . . . . . Seeurity of Bonds, protection of. ... ... ... ... ... .. Trustee , Fiscal Agents , Paying Agents, des.ignating. .. 1, 11 1, 11 Section 17- 22. 22.1 (A) 22. 7 (F) 7 (I) 20- 3, 7- 22. 22. 7 (D) 22. 20. 24.10 (H) 24- 24. 24.7 (A-P) 24-3 (A-I) 24. 24- 24. 24- 24. 24- 24. 24- 24. 24. 24- 24- 24.10 (E) 24.10 (I) (e) (A'O) (D) Page 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) PassaJge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3- Publication. . . . .. . . . . . . . . . . . . . . .. .. . ... ... .... 3- Re-enactment and amendment. . . . . .. ... ... ... .... 3- Remaining in force.. . . . . . . . . . . . . . . . . . . . . . . . . . .. 23- Submitting to electorate. . . . . . . . . . . . . . . .. .. . . . . .. 3- Wlhen ne cessary.. ... .. . ... . . . ... .. . . .. ... ... .. 3- PARKING See Off-Street Vehicular Park.ing. . .. .,. ... ... ... . PARKS City Manager to supervise. . . . . . . . . . . . . . . . . . . . . . . PENSION SYSTEM Council to establish. . . . . . . . . . . . . . . . . . . . . . . . . . . . . POLICE DEPARTMENT Appointments , City Manager. .. . ... ., . . . . .. . ... Chief , appointment , removal............. - . . . .. . . Discipline of members by Chief. . . . . . . . . . . . . . . . . . . Discipline of members by City Manager. . . . . . . . . . . DismissaJl , iJppeal .............................. Emergency, Mayor to command. . . . . . . . . . . . . . . . . . . Police Secret Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POWE1RS Conferring by Council. . . . . . . . . . . . . . . . . . . . . . . . . . . Home Rule. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Municipal Affairs. . . .. . . . . .. . . . . . . . . . . .. " . .. . . Of City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vested in Council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PUBLIC PROPE-RTY City Manager to supervise. .. . .. . ... . .. ... ... ... . PUBLIC UTILITIES BOARD Sce Boards Advertising. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . Appointm ents. . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . Borrowing monev . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Budg:et , adopting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . City Manager as Member. . . . . . . . . . . . . . . . . . . . . . . . City Manager ex-offcio member. .., .., ... ... ... ... Con truction work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Contracts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duties. . . . . .. ............................... Earnings , disposition. . . . . . . . . . . . . . . . . . . . . . . . . . . Employees , control over.. . . . . . . . . . . . . . . . . . . . . . . . Engineer as member. . . . . . . . . . . . . . . . . . . . . . . . . . . . Est3Jblished ............................... ,... General Fund , transfers to.. . . . . . . . . . . .. . . . . . . . . : Membership, terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Art. XXIV 2 (I) 7 (I) 2 (K) , 7- 2 (e) 13- 17- 2 (D) 2 (I) 12-2 (B) 10- 12-3 (E) 12-4 (D) 10- 23- 12-3 (B) 12-1 (e) 12- 12- 12-3 (D) 10-7 (A) 10- 12- 10- Page PUBLIC UTILITES BOARD-(Continued) Powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Powers without campetitive bids.. . . . . . . . . . . . . . . . . Purchases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., Rates , fixing........... . . . . . . . . . . . . . . . . . . . . . . . Real praperty, acquisitian. . . . . . . . . . .. . . . . . . . . . . . . Records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reparts to Cauncil. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Reserve far contingencies.... . . . . . . . . . . . . . . . . . . . . R..serves, investment. . . . . . . . . . . . . . . . . . . . . . . . . . . Revolving Fund , purchases. . . . . . . . . . . . . . . . . . . . . . Sale absolete property. . . . . . . . . . . . . . . . . . . . . . . . . . . Store raom system.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Terms , expiration. . .. . .. .. . .. . . .. ... .. . ... . . . . . Utilities, control and management. . . .. . . . .. . . . . . . . Utilities, engaging in. . .. . .. . .. .. . ... . .. ... . .. .. . 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. . . . . . . . . . . . . . . . . . . . . . . . . . . , 11 REAL PROPERTY Acquisition or transfer by ordinance. . . . . . . . . . . . . . . Financial interest of offcer. . . . . . . . . . . . . . . . . . . . . . . How held. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Leasing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities Baard , acquisition by.. . . . .. . . . . . . . RECALL Answer of affcer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ballot, form of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Canvassing returns , results. . . . . . . . . . . . . . . . . . . . . . . Certificate of electian...... . . . . . . . . . . . . . . . . . . . . . Certificate of petition. . . . . . . . . . . . . . . . . . . . . . . . . . . Clerical assistance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General provisians ................... . . . . . . . . . . New petitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Namination of candidates. . .. . . . . . . .. . . . . . . . . . . . . Notice of Intention.. . . . . . . . . . . . . . . . . . . . . . . . . . . . Notice of Intention , service. . . . . . . . . . . ., '" ... ... . Offce , holding after recall. . . . . . . . . . . . . . . . . . . . . . . Offcers subject to. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition , affdavit of circular. . . . . . . . . . . . . . . . . . . . . Petitian , circulation. . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition , contents.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Petition , examination. . . . . . . . . . . . . . . . . . . . . . . . . . . Petition , filing ................................ Petition , separate sections. . . . . . . . . . . . . . . . . . . . . . . . Petition , signing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Procecdingsmandatory .... . . . . . . . . . . . . . . . . . . .. . Proceedings , when pending. . . . . . . . . . . . . . . . . . . . . . . Section 12- 12- 12-1 (e) 12-3 (e) 12-2 (e) 12-4 (A) 12-4 (B) 12- 12-3 (F) 12-2 (D) 12-3 (A) 12-4 (e) 23- 12-1 (A) 12- 2 (D) 12-1 (e) 22- 22- 12.2 (e) 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20- 20. Page 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- REDEVELOPtv'ENT PLAN.. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25- REFERENDUM General law applicable. . . . . . . . . . . . . . . . . . . . . . . . .. 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.. . . . . . . . . .. 1'1 (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. . . . . . . . . . . 3, 7- 7 -2 (c) TAXATION See Finance and Taxation TAX COLLECTOR Treasurer as .................................. Duties , Treasurer to perform. . . . . . . . . . . . . . . . . . . . . TREASURER Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Deputy to fill vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . Elected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Employees and deputies......................... Ex-offcio Tax Go.Jector. . . . . . . . . . . . . . . . . . . . . . . . . . Payment of money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Receipt of money. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Tax Collector , duties................. ...... ...,. PagEl SElction URBAN RENEWAL.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25- Page UTILITIES Engaging in. . . . . . . . . . . .. . .. .. . . . . . . . .. . .. 12-1 (A) See Public Utilities Board VACATIONS Council to fix. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 (D) WARRATS Payment of money upon. . . . . . . . . . . . . . . . . . . . . . . . . When drawn. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ZONING City Planning Board. . . . . . . . . . . . . . . . . . . . . . . . . . " 14-