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1937 Senate Concurrent Resolution No. 38Senate Concurrent Resolution No. 38. Adopted in Senate May 5 , 1937. _-- _m_ Adopted in Assembly May 5 , 1937. - 3- CHAPTER --- Senate Ooncurrent Resolution No. 38-Approving the chm'ter of the city of Alameda , a 1nl&nicipal corporation in the county of Alameda, State of California , ' voted f01' and Tatified by the qualified electors of said city at a special election held therein on the twenty-ninth clay of Ap1'il 1937. WHEREAS , Proceedingshavc been duly had in and by the city of Alameda, a municipal corporation in the county of Ala- meda , State of California , for the framing, proposal , adop- tion and ratification of a c:harter for the government of said city of Alameda , alIas set out in the certificate of the mayor and city clerk of said city, as follows , to wit: CERTIFICATE OF ADOPTION STA'l'E OF CALIFORNIA , 1 COUNTY OF AL.MEDA ss. CITY OF ALAMEDA. , the undersigned , HENRY A.WEICHHART , Mayor of the City of Alameda , State of California , and D.ELlVER DYER: City Clerk of said City, do hereby certify and declare as follows: That the City of Alameda , a. municipal corporation in the C01:mty of' Alameda , State of California , is now and at. all times herein mentioned was , a city containing a population of more than three' thousand five hundred inhabitants , and less than fifty thousand inhabitants . and ever' since the 25th day of January, 1917 , has been and is now , organized , existing and acting under a freeholders ' charter adopted under and by virtue of Section 8 of Article XI of the Constitution of the State of California , which charter was duly ratified by the qualified electors of said City at an election duly held for that purpose on the 9th day of January, 1917 , and approved by the Legislature of the .State of Qalifornia by a concurrent resolution passed on the 25th day of ,January, 1917 (Statutes 1917 , page 1752). That pursuant to the provisions of Section 8 . of Article XI of the Constitution of the State of . California the Council. of the City of Alameda, being the legislative body thereof , on its own .. motion , by and. in . pursuallce of Resolution. No, 2150 passed by said Council on the 17th day of lVarch , 1937 , elected to and did frame a proposed charter for the government of said City of Alameda , and duly submitted to the qualifed electors of said City of Alameda the proposal for theadop- tion of said proposed charter , to be voted on by said qualified electors at a special election held in said City on the 29th day of April , 1937, That the said proposed charter ,. framed as aforesaid, was and is in words and figures as follows: CHARTER OF THE CITY OF ALAMEDA ARTICLE 1. Incorporation and Powers. Sec, 1-1. The , existing ,City of Alameda hereinafter referred to as the " City , shall continue its corporate existence under this charter with., the same property rights and the same boundaries, as existing at the tim e. this charter takes effect, or as. such boundaries maybe changed thereafter in the manner authorized by law. Sec. 1-2, The City shall have and exercise the following rights and powers, subject to the express limitations herein expressed: (a) To have perpetual succession. (b) To adopt and use a corporate seal. (c) To sue and be sued, (d )To make and enforce all laws . and regulations in respect to municipal affairs , subject only to the restrictions and limi- tations provided in this charter. (e )To exercise all rights , powers and privileges hereto- fore or hereafter granted. by the Constitution and general laws of the State of California. (f) To act pursuant to procedure established by general law, unless a different procedure established by ordinance, ARTICLE Offcers. Sec, 2- lished : Five Councilmen , who shall constitute the Council; Auditor, who ,shall be ex offcio Assessor; Treasurer, who shall be ex offcioTa:g Collector. Sec'2, 'The foll()1VngOffces areiherebyestablished , andthe incumbentsthereofsha.ll beappointedb:ytheCouncil by vote of. not , less than th ee members thereof , and may beremoved by vote of not less than four . members thereof:Mayor; City Manager; City Attorney ; City Clerk. The following 'elective offces are hereby estab- - 5- Sec, 2-3, 'fhe following offces are hereby established and the incumbents thereof shall be appointed by and hold offce at the pleasure of the City Manager: Chief of Police; Chief of the Fire Department; Health Offcer; City Physician; City Engineer; Superintendent of Streets, Sec. 2-4. The J\fayor and members of the Council shallreceive no compen;mtion. The salary attached to the follow- ing offces shall be fixed by the Council at not less than the following amounts: Auditor Treasurer City Manag' City Attorney City Clerk 600, 600. 000, 000. 400. Sec. 2-5. No person shall be qualified to be elected or appointed to any of the elective offces hereinabove set forthunless he shall have been an elector of the City of Alameda for a period of five years continuously next preceding hiselection. Every City offcer and every full time employeeshall be a resident of the City during the tenure of his offce or employment. Sec. 2-6, The term of each elective offcer shall commence at 8 :00 o clock p.m, on the third Tuesday in Aprilnextfollowing the General Municipal Election at which such offcer was elected and continue for four years thereafter and untihis successor is elected and qualified, Sec. 2-7. Every vacancy in an elective offce , arisingotherwise than as provided in Article XX , shall be filled by the Council. In the event that vacancies exist in a majorityof the offces of Councilmen , such vacancies shall be filled by a board consisting of the remaining Councilmen , if any,and the following offcers , selected in the order named , suff-cient to constitute a board of three , to-wit, Auditor , , Treasurerand President of the Board of Library Trustees, Afteranyvacancy in the offce of Councilman has continued for t'wenty- one days , the , three offcers last mentioned in the foregoing sentence, acting asa board , shall have the sole power acting by a majority vote , to fill such vacancy, Sec. 2-8. The term of any person appointed to fill a vacancy in an elective offce shall commence upon appoint-ment and qualification and continue until 8 :00 0 'clock p. on the third Tuesday in April following the next General - 6- Municipal Election , at which ejection a Successor shall beelected to serve for the remainder of the unexpired term. Sec, 2-9. If any offcer of the City shall remove from theCity or absent himself therefrom for more than thirtv davsconsecutively, without the permission of the Council , 0;' shfail to qualify by taking the oath of offce and fiing his offcial bond , ~ whenever such bond is required , within fiteen daysfrom the time his certificate of election or appointment ismailed or delivered to him , Or shall resign , or be convictedof a felony, or be adjudged insane , his offce shall be vacant.Sec. 2.10. In the event of a vacancy in the offce of Audi-tor , Treasurer , City Attorney or City. 'Cerk , the rankingdeputy or assistant shall , during such vacancy, perform theduties of such offce. Sec. 2.11. Any incumbent of any Federal , State orCounty offce . except notary public Or offcer in the military or naval reserve forces , shall be ineligible to hold any electiveoffce or offce of member of any board created this charter.Sec. 2-12. The persons occ pying the offces set forth inSections 2-, 2.2 and 2.. their assistants and deputies , andmembers of all boards provided for in Section 10-, shall bethe offcers of the City. Sec. 2-13. All offcers , boards and the certified public accountant appointed pursuant to Sub-Section 3-7 c shall havepower to administer oaths and affrmations , to examine wit-nesses and compel their attendance by subpoena in all matters affecting their respective offces and positions. All legalprocess issued pursuant to this section shall be executed byor under the authority of the Chief of Police. ARTICLE III. City Council. Sec. 3-1. All powers of the City and all powers vested in city councils (except the powers reserved to the People ordelegated to other offcers or boards by this charter) shall be vested in a Council consisting of five Councilmen,Sec. 3-2. The Council may confer 'upon any board oroffcer powers and duties additional to those set forth in thischarter. Sec. 3-3. The Council. may, on its, own motion , submitto the electorate by initiative or referendum any proposedresolution or ordinance which could be enacted by theCounciL Sec. 3-4. The vote of three mcmbers of the Council , exceptas otherwise provided , shaUbe necessary for any act of or by the CounciL Sec. 3-5. The Councilmen present at any meeting regu- larly held may compel the attendance of absent members in such manner and subject to such penalties as the Council may have prescribed by ordinance. Sec. 3-6. In the event that any Councilman shall, without being excused by the Council , absent himself from four or more comecutive regular meetings of the Council extending over a period of not less than thirty days , his offce shall be vacant. Sec. 3-7. The Council shall: (a) Meet at 8 :00 o clock p.m. on the third Tuesday of the month next succeeding the month in which the General Munic- ipal Election is held , and organize by selecting from its membership a Mayor , who shall be the President of the Coun- cil , and a Vice-President of the Council , whose terms shall commence upon selection and continue until the selection and qualification of their successors following the next General Municipal Election. (b) Hold regular meetings at least twice in each month as fixed by ordinance. Its meetings shall be public and held in the Council Chambers 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 pur- pose of the meeting, or leaving '. such notices at places desig- nated by the respective members , at least three hours before the time of the proposed meeting. Contract and fix the compensation for the services . of a certified public accountant , who shall at leiist semi-annually investigate the transactions anclaudit the accounts of all off- cershaving the collection , custody or disbursement of pilblic 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 alFdepartments of the City. He may at any time visit any of the public offces and make examinations and investigations therein without hindrance. He lIJSt examine the offcial bOIlds of all City offcers and employees and investigate the suffciency and solvency of the sureties thereon. At the close of his investigation he shall file with the Council a written report containing his recom- mendations. If during his examination and audit it shall appear that a public offense has been committed , or that any offcer or employee is in default, or that the surety on any bond is insuffcient , he shall' immediately report to the Coun- cil , which shall take such proceedings as are authorized by law. (d) Provide by ordinance for annual vacations with pay for all City offcers and employees. (e) Fix the amounts and determine the offcers andemployees who shall give bonds to the City for the faithfulperformance of their duties. ,All such bonds shall be executed by surety companies qualified to do , business in the State 'OfCalifornia and be subject to approval by the Council andshall be filed with the Oity, Clerk , except t.hat the bond of theCity Clerk shall be fiediwith the Auditor. The premiums onall such bonds shall be paid by tIle City. (f) Prescribe the form of oath of offce and require thatevery offcer shall, before entering upon the duties Df hisoffce, take and fie such oath witht.heCity Clerk. (g) Establish and abolish. offcesandpositiolls of employ-ment and fix. the. compensation and, duties thereof, except as herein otherwise provided. (h) Designate the person to perform; the duties of CityManager in the , event of . J1is absence. or disability,(i) Establish 011 or before July 1938 , a retirement , pen-sion and insurance 'system for City offcers and employeesbased on sound actuarial principles , which system onceadopted shall not be amended except by the vote of five Mem- bers of the Council , and shall not be repealed except by thePeople. Such system shall provide for the support thereofby deductions from the compensation of offcers and employeesof the City and contributions from. City funds and fundsunder t.he controloft.he respective boards. Sec, 3-8, The CounciL shalL act by ordinance , resolution ormotion, and the vote ofeachllember of the Council on ordi-llancesand resolutions ' shall be ' entered , in the ,journal.Sec, 3-9. Nomemperofthe Councilshall , during his term of offce , be eligible to appointment to any board created by this charter. Sec, 3c lO. All acts of the Councilimposingpenalties , pub- lic regulations , granting... franchises, ,or. providing for theacquisitiontransfer or lease fora period longer than oneyear of real propcrty shall be by ordinance, real propertyof the City shall beleasedfor a period in excess of one yearor sold except Upollvote of four Members , of the Council.Sec. 3-11. The enacting clause ,of everyordillance passedby the COJJ 11 cil shall be , " Be itOrdaincd by the Council oftheOitv of Alameda . Everv am.endment of an ordinanceshall" germaneto,theorigihal purpose of Every ordinance shall be signed by the offcer presiding at the time of it.s adoption and attested by the City Clerk. No ordi-nance shall be passed by theCouncilv.'ithin five days after its introcluction or at any time other than at a regular meeting or an adjourned regular meeting, except as provided in the follo'wing section, Sec, 3-12, No ordinance shall take effect within thirty days after its final passage , except that in the event of great neces- sity or emergency and by four votes of the Council , and if no financial obligation is imposed upon the City for a longer period. than one year , an ordinance llay be passed at any meeting of the Council and may take effect at such. time as the Council may specify, Sec. 3-13, No ordinance shall be re-enacted or amended by reference to its title only, or without setting forth the amended re-enacted sections or sub-sections thereof in full, Sec. 3-14. All ordinances shall be published once in the Offcial Newspaper within three days after the same shall have been finally passed, Sec, 3-15, When the expenditure required for the purchase of materials or supplies , or for the making of public work or improvements , exceeds the sum of one thousand d.ollars , the SaIne shall be done by written contract and let to the responsi- ble bidder who submits the lowest and best bid , after advertis- ing' in the Offcial Newspaper by at least one insertion for sealed proposals , which advertising shall be made at least five days prior to the time for l'eceipt of bids. Advertisements for bids may set forth the general character of the work materials , or supplies and. refer. for details to specifications on file in the offce of the City Clerk. The Council may reject all bids. In case no bids are received , the Council may make such public work or improvC1nents. without contract , or pur- chase such materials , or supplies, in the OpCll market. The Council may, by four votes , either with or without prioradver- tising, as hereinabove set forth , determine that in its opinion the public work or improvements in question wil be performed more economically by the Cityiwithout contract , or that the materials or supplies can be purchased at a lower price in the open market, or that great necessity or emergency requires immediate action , and thereupon proceed to make such public work or improvements without contract and to purchase such materials or supplies in the open market. Sec. 3-16. A preference of not to exceed fiveperccnt of the lowest bid may be allowed by the Council on all bids for materials and supplies made bya person who , for more than one year continuously preceding the making of such bid , had an established place of business in the City manufacturing, processing, wholesaling or retailillg such materials and supplies, Sec. 3-17. When entering into any contract for labor or hiring any labor for public contract work, preference shall be given to contractors , mechanics , artisans or other laborers of any class , ' who shall have actuallyresided in the City for a period of six months preceding the date of their engagement to perform labor , quality and price of work being equal. -- 10 Sec. 3-18, 'fhe Council shall annually, after advertising inthe manner provided for the purchase of supplies , award acontract to the responsible bidder who submits the lowest and best bid for publication of all legal advertising of the City in a newspaper of general circulation published in the City for a period of not less than one year immediately preceding the making of such bid andhaving a bona fide paid circulation ofat least one thousand copies. The newspaper published by the successful bidder shall be the , Offcial Newspaper of the City.The Council may reject all bids. In lieu of ne'wspaper adver-tising the Council may issue and publish a buJIetin containingsuch matter as it is required by la'\v to publish , sending' the same by mail to the reg'istered voters of the City, to theiraddresses as the same shall appear on the registration records ofAlameda County, and shall also post printed copies of suchadvertisement in three public . places in the City of Alameda. ARTICLE IV. Auditor, Sec. 4-1. The Auditor shall perform all the duties of Auditor and Assessor prescribed by this charter , by ordinanceand g'eneral law and shall devote his entire time theduties of his office. He shall. subject to Civil Service require- ments , have power ' to appoint , discipline and remove all deputies and employees in his offce and shall he responsible for the acts thereof on his offcial bond. Sec. 4-2. He shallbe the g eneralaccountant of the Cityand shall have the custody of and preserve in his offce all accounts, books , voucpers , ' docljments and.. papers relating to.the debts. revenues and other financial affairs of' the City. Sec, 4-3, He shall keep \ all accurate account of all money transactions of theCit:y,a.nd at all times his records shallreflect the exact coudition of the treasury' and he shall certify the same to the Council atJeast monthly. Sec. 4-4. He shalr establish a uniforln system of bookkeep- ing and accounts for th Cityand all offcers depl;rtments boards thereof. Sec. 4-5. Everydernanclpresented to him shallspeciry on its face . the severaliternscomposing it theamountsand thedates thereof andshallbenumhered and acted upon in theorder of presentation. Every demand shall , before paymentbe presented to the Auditor with the allowance thereon of the Council or board which appropriated the money pursuant to which said demand is made , except that demands for salaryneed bear the allowance only of the City Manager or executiveoffcer under whose jurisdiction the services are rendered. 11 The Auditor shall not al1mv any demand unless the same is legally due , its payment authorized by law and in consequence of appropriations made pursuant to this charter. Upon allow- ance , the Auditor shall endorse on each demand the word AIIO\ved ", 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, Sec. 4-6. No warrant shall he drawn by the Auditor unless there are suffcient moneys otherwise unappropriated in the fund ag3inst which the warrant is drawn to pay the same. Sec. 4-7. No contract required to be in writing and impos- ing any financial obligation upon the City shall be binding or of anv force unless the Auditor shall endorse thereon his certificat that there remains . an unexpended and unapplied balance of the appropriation or fund applicable thereto suff- cient to pay and fully discharge the City s obligation under such contract as certified by the board or offcer making the same. All sums of money represented by such endorsements outstanding shall be used for no other purpose except the pay- ment and discharge of the respective contracts so endorsed. ARTICLE V. Treasurer. Sec. 5-1. The 'rreasurer shan perform all the duties of Treasurer and Tax Collector prescribed by this charter , by ordinance and by general law and shall devote his entire time to the duties of his offce. He shall. subject to Civil Service requirements , have power to appoint , discipline and remove all deputies and employees in his offce and shall be responsible for the acts thereof on his offcial bond. Sec, 5-2. He shall have custody of all moneys belonging to the City, or to any officer of the City in his offcial capacity, He shall payout money belonging to the City or in his offcial custody only upon warrants drawn upon him duly issued by the Auditor. Sec. 5-3. The T.reasurer shall not receive any moneys unless the payment of the same is accompanied by the certificate of the Auditor , stating the amount of the same , to what fund payable and by whom to be paid. ARTICI E VI. Mayor. Sec. 6-1. The Mavor shall be the ofi1cial and ceremonial head of the City a d shall preside at all meetings of the 12 COID1Cil. He mav take command of the Police and FireDepartments and -goverli the City by proclamation whenever the Council determines that public danger or emergencyrequires such action, Sec, 6-2. During'theabsence or disabilty of the Mayor the Vice-President of the Council shall perform the offcialduties of Mayor, and during, the absence or disability of both such offcers, the remaining mcmbers of the Council shallselect 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 discllargeofhisoffce the sum of fifty dollarseach month for which he need furnish no vouchers. VII. Sec. 7-1. T'he CitylVlanager shall be the Chief Adminis- trative Offcer of the City and shall be chosen by the Council on the basis of his executive and administrative qualificationswith special reference , to his actual experience in , or hisknowledgeo, accepted practice in respect to the duties of his offce as hereinafter outlined. Sec. 7-2, The City JVIanager shall have the power and itshall be his duty: (a) To adnlinister andexecute policies and undertakingsformulated by the Council. (b) "To enforce ,all lawsancl ordinances , except as providedby Section 6- , , and ,he iSb.ereby declared , to be beneficially interested in theiJ' criforceIJentand tobave power to sue inproper courts to 'enforcethelll, (c) To ' appoirit, discipliJleand rell0ve all' offcers andemployees of the City under his jurisdiction, subject to CivilService 'requirements, (d) To act as purchasingiagent the City and all offcersand boards thereof, except the Board of Education and thePublic utilities Boarduriless so requested by them.(e)' To attend alllneetingsof the Council unless excusedby the Councilor thelVlayor, (f) To keep the Council at aU times fully advised as tothe needs of the City, and to recommend such measures andpolicies 11'3 he may deem expedient. (g) To conduct such investigations and prepare such plans specifications or reports as' may be specified by the Council. 13 (h) To see that all contracts and franchises made under his jurisdiction 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 , recreation. areas, wharves . docks and other public properties , utilities and facilities belonging to the City, except as in this charter otherwise provided, (j) '1'0 appoint technical advisory experts or boards with the consent 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 thePblice and Fire Departments and to make appointments therein only on the basis of merit after such examinations, (l To prepare and submit charter, (m) To investigate the conduct and proceedings of any offcer or board of the Citvwhen he shall deem the same necessary, or when so direct dby the Council. (n) To devote his entire time to the duties of his offce. (0) To formulate rules and.. regulations for offcers and employees under his jurisdictioll. Sec. 7-3. Neither the Council nor any of the members thereof shall interfere with the execution by the City Manager of his powers and duties. E:xceptfor purposes of inquiry, the Council and its members shall deal with that portion of the administrative service Ior\which the City Manager is responsible solely through hiil. Ail attempt by a , Council- man to influence the CitylVanager in the making of any appointment or the purchase of any materials or suppIles shall subject such Councilman to r moval from offce for malfea- sance. 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 l\1anager sha.ll appoint a Chief of the Fire Department who shallbetheehief executive of , the Fire Department. Sec. 7-6. The City lVanager\shallappoint a Health Offcer who shall be the chief executiVe of the Health Department. The He alth . Offcer shall hold the degree of. Doctor of Medicine and a license to practice medicillein ,the State of Caliornia or a degree representing equivalent training in public health. He,' shall exercise , all ' the powers and d.uties vested in boards of h(Oalthor health offcers by general law or ordinance now or hereafter adopted. . Sec. 7-7. The City :Managershall appoint a City P.hysician who shall hold the degree of Doctor of Medicine and a license budget as required by this -14- to practice medicine in the State of California. The CityPhysician shaH , without charg'e and as required by the Coun-cil , render emergency, surgical and medical service , and makesuch medical examinations as may be necessary for the admin- istration of the affairs of the City Government. He shall havecharge of any receiving hospital or dispensary established bythe City. Sec. 7-8. 'rhe City Manager may consolidate the offces ofHealth Offcer and City Physician.Sec. 7-9, The City l\/I'anager shall appoint a Superintend-ent of Streets who shalJ be the chief executive of the StreetDepartment. Sec. 7-10. The City Manager shall appoint a City Engi-neer who must have been , prior to his appointment , a prac-ticing Civil Engineer for a period of not less than five years.He shall be the custodian of all eng'ineering records of theCity, and all engineering records prepared by him shall be:he property of the City. Sec. 7-11. 'l'he CitylVlanager may consolidate the offcesof Superintendenfof Streets and City Engineer.Sec. 7-12. The Chief of Police , Chief of the Fire Depart-ment , Health " Offcer, City Physician " Superintendent ofStreets and City Engineer shall each J1ave power to disciplineany cmployee undel' his control by the imposition of a nne not to exceed one month's salary, or by suspension withoutpay for not to exceed thirty days , or other penalty less thandismissal, subject to appeal to the CitylVanager who shallon suchappcal, h ave fillal.and arbitrary authority to affrmmodify or revoke sUCll' penalty, ARTICLE VIII. City Attorney. Sec. 8-1. ,The City.Attprney shall have been , .at the timeof his appointllent reglllarly adllitted to . practice alldengag'ed in the practiceofl a.w in the State , of California fora period of at least five years next preceding such appoint-ment. Sec. 8-2. The QityAttor Iley shall ,prosecute all violationsof the ordinances ,of theCitY,.He shall , subject to the generaldirection of the. Council, hoard or elective offcer having ' juris-diction of thewatter,prosecute and defend for the City andall hoards , offcers an4 en1ployees intheir offcial capacity allproceedings before judicial and quasi- judicial tribunals, Heshall not compromise tte ordisllliss any action for oragainst the City without permission of the Council. He shall 15 not commence any action without permission of the Council or written instruction of the City Manager. He shall be the legal advisor of and attorney, and counsel for the City and for all offcers and boards thereof , in all matters relating to their offcial duties , and whenever requested in writing by any of them , he shall give his legal advice in writing. Sec. 8-3. He shall approve the form of all bonds given to the City, prepare all contracts ,or legal instruments in which the City is interested , and shalLendorse on each his approval of the form thereof. He shall " when required by the Council or any member thereof , draft proposed City ordinances and amendments thereto. He shall deliver all books , papers , docu- ments and property of every description belonging to his offce or to the City, to his successor in offce. Sec. 8-4. '!'he City _ll.ttorney shall appoint, discipline and remove , subject to civil service, requirements , all assistants deputies and employees under. his , authority. All assistants and deputies must be duly admitted to practice law in the State of California. Sec. 8-5. The Council , or any board with the consent of the Council , may empO'lver the City Attorney, at his request to employ special legal counsel. ARTICI1E IX. City Sec. 9-1. It shall be the duty of the City Clerlc (a). To perform an. duties imposed upon him by general law where not inconsistent with this charter or the ordinances of the City and to devote his entire time to the duties of his offce. (b) To act, as Clerk of the , City Council and keep an accurate public record of th"proceedings thereof , and also separate , properly indexed books in which , respectively, he shalLrecord all ordinances and resolutions. (c) To have custody of the offcial Seal , deeds , leases , con- tracts and all records of the. Council and such other offcial records as may be committed to , his care. (d),To take affdavits and adm.inister oaths , without charge in all matters affecting the business of the City. (e) 'ro appoint , discipline and remove , subject to civil serv- ice requirements, all employees. and deputies in his offce subject as to all deputies , to the approval of the Council. (f) To act as Secretary of the City Planning Board. 16 ARTICLE X, Boards, Sec. 10-The following Boards are hereby established: Board of Education; Public Utilties Board; Civil Service Board; City Planning Board; Social Service Board; Library Board, Sec, 10-2. Each of said Boards , except the Public Utilities Board and Social Service Board , shall consist of five members,Upon nomination of the Mayor , the Council shall appoint between May 1 and July 1 of each year , one member of each such Board for a term commencing on the first day of Julyfollowing such appointment and continuing for five years , and thereafter until the su(\cessor of such member is appointed and qualified, Sec, 10-3. The Public Utilities Board shall consist of five members , one of whom shall be the City Manager who shallhave full power of participating and voting. Upon nomina-tion of the Mayor , the Council shall appoint , between May 1 and July 1 of each year , one member of said Board for a term commencing on the first day of July following such appoint- ment and continuing for four years and thereafter until the successor of such member is appointed and qualified, Sec, 10-4, The Social Service Board shall consist of seve1J members , one of whom shall be the City Manager, who shallhave full power of participating and voting, Upon nomina-tion of the Mayor, the Council shall appoint, between May 1 and July 1 of each year , two members of such Board for terms commencing on the first day of July following suchappointment and continuing for three years and thereafter until the successor of such member is appointed and qualified. Sec, 10-5, A vacancy in the offce of a member of allY boardshall be filled for the unexpired term by nomination and appointment in the manner hereinabove set forth. Sec. 10-6, All members of such boards shall , at the timeof their appointment and continuously during their incum- bency, be electors of the City, Sec. 10-7, Each person appointed to membership of any of said boards shall be particularly qualified to discharge the functions of his offce and , to that end: (a) One member of the Public Utilities Board shall be an electrical , civil , mining or mechanical engineer. Sec. 10-8. The members of such boards shall receive no compensation. 17 Sec. 10-9. A member of any such board may be removed by the vote of four members of the CounciL Sec. 10-10. At its first meeting after July 1 of each year each such board shall select a President , a Vice-President , a Secretary and such 'other offcers as it may desire. Sec, 10-11. Each of said Boards shall have the power to establish rules for its proceedings , appoint , discipline and ren10ve(subject to Civil Service requirements) its offcers and employees and prescribe their duties and exercise all anthor- ityand perform all duties prescribed by this charter and general law or ordinances. Sec, 10-12, No position of employment with any compensation attached thereto shall be established jurisdiction of any of said boards , except the cation, the Public Utilities Board and the except by action of the Oouncil. Sec, 10-13. The votes of a ship of a board shall be the entire member- action thereof. Board of Education. 2-SCR 38 excess Board day of Capital in Service as of the same date if an amount equal to five percent of Fixed Capital in Service at the beginning' of the fiscal year were retained , then and in such event the sum retained ror the fiscal year. shall be reduced to fivc pcrcent of the Fixed CaPital in Service at the beginning of the fiscal year. All earnings of such utilities ror the fiscal year excess ofsaid payments retaimnents shall be transferred theBoard to the of the City, the Councilprior to the shall authorize the Board to retain for reserve than above setforth. For the purpose out provisions of this section the Board prior to the first day of each fiscal year shall make an estimate of the amount to be earned. in the fiscalyear in of . said payments and retainments and said excess amount asestimatecLshall be transferrec1to the General Fund of tbe or as mutually upon Any balance of such be transferred by the on or before the first of the said fiscal year. Board. Sec. 13-1. The shall be its duty to Board shall have po,ver 2nd it the Civil Service System of the Department for three years to the Civil the charges such appeal Ordinance , or in ARTICLE XIV, City Planning Board. Sec. 14-1. The City Planning' Board shall have such po,versand as may be delegated by City or dinance. It shall have po,ver to investigate and recommend plans for the future development , improvement and , beautification of the City, including landscaping, planting . and care of trees on public streets , parks and playgTounds , the improvement and develop- mentor haTborfacilities , the location and improvement of public buildings and works and the subdivision and zoning of land. ARTICLE XV, Social Board. Sec. The Social Service Board shall have the power: (a) To investigate and endorse charitable and philan- thropic cOTporations or associatiolls dependent upon public appeal or general solicitations for support, (h)Toencouragc the formation of private social welfare organizations to meet neediSnotalready provided for and. to foster 'aU. worthy philanthropic enterprises, (c) To ,inveiStigate misstatements deceptions and frauds in connection with charitable solicitations and to Tecommend appropriate action thereon. (d) .' To. supervise in such manner as the Council may deter- mille ,all employment bureaus , day nurseries and other social service functions established by/the City. ARTICLE XV1. Library. Board. Sec.16-1. The Library Board. shall have the power: (a)" To. control., and, manage theiPublicLibrary System of the city. (b) To expend for librarYP'lrposes all moneys in the Library Fund , which fund is. hereby created. (c) To make "and enforce. rules and . regulations. necessary for the administration , govermnent and protection of the Librgry 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. - 22- Sec. 16-2. On or before the second Monday in May of each year , the Library Board shall submit to the Council an ite!l- ized budget of the amount of money necessary for the admm- istration of the Library System of the City during the next ensuing fiscal year, To the extent of seven cents on each one hundred dollars of assessed valuation , the Council shall , and as to any excess thereover set forth in such estimate the Coun- cilm.ay, include in the next succeeding tax levy and apportion to the Library Fund as received moneys for the purposes set forth in such budget, Sec, 16-3, All fines and other money arising out of the administration of the Public Library System of the City or gifts or trusts therefor shall be deposited in the Library Fund, ARTICLE XVII, Finance and Taxation, Sec, 17-1. The fiscal year of the City shall commence on the first day of July of each 'year and shall end on the next suc ceeding thirtieth day , of 'June, Sec, 17-2. On or before the second Monday in May of each year , each Board or offcer having supervision or control of the expenditure .of City. funds , ' and every offcer or Board so directed by the City Manager shall transmit to the City Manager detailed estimates of income and expenditure for the ensuing fiscal year, Sec, 17-3. On or before the first Tuesday in August of each year , the City Manager shall transmit to the Council a detailed budget showirig the estlmated.revenues 'and expendi- tures of the City and all Departm.ents thereof for the ensuingfiscal 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 alld fix the rate of City taxes to be levied . a collected, upon the property assessed for taxation within the limits of the City, on the basis of the valuation thereof as shown by thea sessment roll in the offce of the CityAsse sor, ... Suchrate afteraHqwing three percent of the assessed valuation for delinquencies , must yield suffci ent reveIiu e for the financial needs of theCityf?r the current fiscal year, . Sec, 17-, . Exceptin the event of great necessity or emer- gency, and in such event only by ordinance re citing the same and passed by the vote of not less thanfdur .1Iembers of the Council , or except when authorized by majority vote of the People , the' annual tax levy, exclusive o~f sums necessarv to provide for iIiterestand sinldn ( fund.'5 on the City s bO hded - 23- indebtedness , and to pay for street and sewer 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 11-2 shall not exceed the rate of one dollar for eacb one hun- . .. . dred dollars ' assessed valuatIOn. Sec,17-6. The Council shall fix the tax rate by designat- il1gthenumber of cents levied on' each one hundred dollars of assessed valuation of taxable property, specifying the portion ofihewhole which shall belong to any particular fund of the Cit:v,.anddesignating also the portion thereof appropriated foreaGhspecial purpose or for the bonded indebtedness of the :v, If the Council shall fail to fix the tax rate within the tilIeppeseribed , the rate for the next preceding fical year shalUhereupon be automatically adopted, Sec. 17-7, Unless otherwise provided by ordinance , the leyyandeollection of City taxes shall be pursuant to general law for the leyy and ,collection of State and County taxes , ami to that end all duties required by general law to be per- fOl'rned. by county offcers shall be performed by the City off- cersperfprming similar duties and all sales for delinquent taxesshaJLbemade to the City. See, 17-8, All moneys received by . any offeer or employee pf the City in his offcial capacity or ,belonging to the City, al1d llIloneys directed by general law or by this Charter to be paid. or deposited in the City, Treasury shall be paid into thfiTreasury daily by the offcer or employee receiving the same, Sec. 17-9. All charges , fees , commissions and percentages collected ,or received by any offcer. or employee of the City fOl'pll performance of any offciaJduty shall be the property . of the City, Sec. 17-10. The Mayor , Auditor and City Manager shall tpg,tl1,countthe money in the Qity Treasury at least once ineyery three months and ascertain the amount of money on hancFand make a written report,thereof to the Council within fiveid ays thereafter showing whether. the money in the City rrreasurycorresponds to the amount shown by the fiscalOrdsiofthe Gity, Sec,17-11, A Police Secret Fund in such amount as the G()llIlcil11ay,froln time to time appropriate is hereby .estab lishedunder the sole control of the City Manager, It shall be Withd.:t walJleby him without reference, to the auditing pro- visiOl1sof this Charter. Such fUlldishall be expended by the City/Manager and the Chief of Police under the direction of fWGityl\anager for investigation and police workof a secret cha:tacterand for no otherpl1rpose.Semi-annually and at sllc otl1erti sasth ounc ilrnay require , the City Man- agershall file with the Council his affdavit and the affdavit of the Chief of Police that all m.oneys expendcd out of the fund have been used for the purp.oses hereinabove set forth. Sec. 17-12, An Emergency Revolving Fund , the unex- pended balance of which shall at no time exceed five hundred dollars , is hereby established. The Council shall appropriate to such fund from time t.o time such amounts as it deems proper. Such fund shall be expended for emergency pur- poses only upon demands , signed by both the , City Manager and the Auditor , but not otherwise appropriated , audited allowed or, approved. Said , offcers shall take receipts for all money expended out of such fund and at least quarterly shall fie with the Council a detailed statement .of such expenditures, Sec. 17-13, The Council may provide for the establishment of a permanent revolving fund , to be known as the Cash Basis Fund , suffcient to place the business of the City upon a cash basis. ARTICLE XVIII. Franchises, Sec. 18-1. Franchises l1+ay be granted for the use by any public utiliy of the. streets , public places or property of the City upon such terms , c(mditions , restrictious and limitations as may be prescribed by ordinance , butno franchise shall be granted withoutreseryingto the ' City adequate compensation for the privilege . c.onfeu\'d; nor fora Jonger . period. than twenty years unless there be reserved to the , City the right to take over at any tille the p.ortion of such utility located within the City without compensation for the value of the franchise granted, MUllicipal Elections, Sec. 19-1. Municipal Elections held in the City of Ala- meda shall be classified as of two kinds: (a) General Municipal Elections; (b) Special Municipal Elections. Sec, 19-2, A General Municipal Election shall be held bi-annually on the second Tuesday in March .of each odd mlm- bered year. The first General Municipal Election after the adoption of this Charter shall be held on Tuesday, March 14 1939. All other municipal elections shall be Special Municipal Electi.ons. A Special J.Iunicipal Election may be called by ordinance or by resolution of the CounciL , Sec. 19-3, The provisi.ons of general law and theConsti- tution of the State of California relating t.o the qualifications .of electors , alld the provisions of general law governing elec- tions for State and County .offcers , not inconsistent with the 25 proyisiolls of this Oharter, and so far as they may be appli- cable, shall govern all municipal elections. The Council and the City Clerk, respectively, shall exercise the powers and per- form the duties conferred or imposed by general law on the Board of Superyisors and County Clerks, respectively, con- cerning elections, Sec. 19-4, Xo person shall become a candidate for all elec- tive offce of the City unless he shall have been nominated as provided in this article, Every candidate for elective offce shall be nominated by written petition signed by not less than thirty nor more than fHty qualified electors of the City, Such Nominating Petition may consist of one or more sections , pro- vided 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 petition , or of each separate section if such petition be in sections , shall make oath that the statements therein are true , and that each signature was affxed presence and is the signature of the person 'whose name purports to thereto subscribed. Each Nominating Petition shall state the address of the candidate, the offce for which he is nominated and must be accompanied by the written acceptance of the candidate therein named, No more than one candidate may bc namcd in anyone petition. In case an elector has signe two or more nominating petitions for the same offce , all such signatures , except the one appearing on the petition first pre- sented , shall be rejected; provided , however , that in case two or more persons are to be elected to the same offce at the same election , an elector may sign the Nominating Petition of as many persons as there are offcers to be elected to suchoffce. Signatures on Nominating Petitions shall not be withdrawn, Sec. 19-5, Every Nominating Petition must be filed with the City Clerk not earlier than sixty days nor later than thirty days before any General Municipal Election, On receipt of any such petition the City Clerk must file the samc and there- upon he shall examine and determine whether it conforms to the requirements of this Charter , and from: the current aff- davits of registration on file in the offce of the County Clerk of the County of Alameda shall ascertain and determine whether said petition is properly signed by the reo.uisite num- ber of qualified electors , and within five days from such filing he must attach to said petition his certificate showing the result of his examination: If the petition be found insuffcient such certificate shall designate the defects thercin , and such petition may then be amended or supplemented by the filing,not less than thirty days before such General 1Vfunicipal Election, of an amended or supplemental petition , and the - 26 City Clerk shall, within five days from the filing thereof make like examination 'Of the san1,e and attach his certificate thereto. Sec. 19-6. Any person named in a Nominating Petition filed as herein provided may, not later than twenty-five days before the ensuing' Gencral Municipal Election , cause hisname to be withdrawn from nomination by filing with the City Clerk a statement of,vithdrawal acknowledged before anotary public. The names of candidates who have withdrawn, or who have died , twenty-five days or more before said elec- tion , shall not be printed upon the ballot nor entered in the list of candidates. If by reason of such withdrawal or death the number of candidates remaining does not exceed the num- ber of offcers to be elected to ,an offce , then other nominations may be made for such offce by presenting' petitions therefor not later than twenty-one days prior to such election , but no amendment or sl1Pplementto any such petition shall be allowed. Sec, 19-7. Not later than twenty-one days before the ensu-ing election eachcalldidatemust file ' with the City Clerk avcrified statemellt ofhisnanle , the offce for which he is a candidate , his residence, place of birth , occupation for the past five years, public offces he has held , whether he is a taxpayer of the City and whethel' he has ever been convicted of a felony or misdmneanorinvolvingmoral turpitude. He may givc in such statement , in llotto exceed one hundred fifty words. such other illformatioll regarding his experience and qualifications as might enable the electors tb determine his fitness for offce. Such statel1entshalLalso COlltain the names of not less than twenty residents of the City, and no others , who have signed his nominating petition. AllY material misstatement of facts ill such statemellt shall disqualify the candidate from holding any City offce, Each candidate must also deliver at his own cost , to the City Clerk, printed copiesofsl1chstatement equal to the number of qualified electors of the qity. Each copy shall be printed on a single sheet. of white paper four inches wide by nine inches long, . and shalFhavepl'inted thereon a true photograph of such candidate takenwithilltwo years prior thereto, The City.. Cl ksh lllllail e ofsucl1 copies '. each quali-fiedelector with the sample ballot. 'rhe City Clerk shall not place on the ballot thellameiof 'any candidate , who has failedto fie, and furnish copies of the ' statemellt required by thissection. Sec. 19-8. After the iclosingof nominations the City Clerk shall list the 11amesof the candidates who have been nominated as herein provided , and who ,have conlplied with the preceding section, together with the offces to be filled , and not later thall twenty days before the day'. of ' election shall certify such list - 27- as being the list of candidates nominated as required by the Charter of the Citv and file the same in his offce. Sec. 19-9. At least ten days before a General Municipal Election the Mayor must issue under his hand , and the City Clerk must attest , an election proclamation containing a state- mentof the time of the election, the offces to be filled and the names of the candidates and fthe propositions , if any, to be voted on as the same shall appear on the ballot. The City Clerk shall cause said proclamation to be published twice in the Offcial Newspaper, and the last publication thereof shall beat least five days before the date of election. No further 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 elec- tion, establish election precincts , designate the pollng places therefor and name the offcers of election for each precinct; provided that when two or morel1unicipal elections are con- solid.ated by the Council it shall not be, necessary ' to set forth the precincts , . pollngplacesaJid offcers of election in more tharione of such ordinances or resolutions. Sec. 19-11, The Council shaJlcanvass the election returns and ,declare the result of any municipal election at its first regularlleeting'following the election " or at a special meeting held v\rithin ten days after such election , unless such election has been consolidated and the ' cal1vassing of returns delegated pUl"suanttogeneralla Sec. 19--2, Incase there is butane person to be elected to aIloffce the.candidate receiving the highest number. of votes cast for that offce shall be declared elected. III case there are two or moreipersons to be elected to the salleiOffce, then those candidates, equal in number to the num- beI'tbpeiielected ' who receive the highest number of . votes castfol" such offce. shall be declared elected. Where full and oneo1"moreiunexpiredterms to the same offce are to be filled the candidates , equal in number to the number of offcers to be elected for the fullterm , who receive the highest number of votes cast for such offce , shalF he declared elected for the full term; arid the candidate who receives , or thecalldidatesequal il1l1umberto,the number bfoffcerstobe eJected for unexpired ter1lswhoreceive the next, highest nl1mber of votes shalFbe declared. elected for the unexpired term or, terms, If unex- piredtermsbe ofdifferent,duratiori,thecandidate who receives theihighestnumber of votes shalLhe declared elected for the 1011gerterm, Sec,19-13, In case of'atieyote the City Council shall forthwith summon the candidates who have received such tie votes to appear before the Council at a time and place to be designated and the Gouiicilshall; at such time and place; determine the tie by lot. S:uch summons shall , in every case 28 be mailed to the address of the candidate as it appears in his Nominating Petition , or delivered to him personally, at least five days before the date fixed for the determination of such tie votes. Sec. 19-14. At least ten before any Special Municipal Election , the Mayor must issue under l1is hand , and the City Clerk must attest, an election proclamation containing a state- ment of the time of such election and of the propositions to be voted on as the same shall appear on the ballot, Such procla- mation shall be published as required for General Municipal Elections and no further or other notice need be given. ARTICLE XX. Recall. Sec. 20-1. The holder any elective offce of this City maybe recalled from offce at any time by the qualified electors thereof , provided he has held his offce for at least six months. The provisions of this article intended to apply to offcials now in offce , as well as to those hereafter elected. Sec. .20-2. Recall. proceedings shan be instituted by fiing with the City Clerk a notice of intention to circulate a petition for recall. Such notice' shall be signed and duly acknowledged by three or more qualified electors of theCity,and shall state the name of , and the offce held by, the person whose recall is sought, the residence address of every person signing the same and shall further cOl1taina generaL statement . not exceeding three hundredwordsinJength , of the grounds on which the recall of. such offcer is' demanded, Said statement, and the statement in the answer thereto hereinafter provided for, shall be intended solely for theinfor- mationof., the eleCtors , and any . insuffciency in the form or substance .thereofsh all in ,..nowiseaffect the. validity of such recall proceedings. Upon receipt and filing of said notice , the City Clerk must endorse thereol1 the date of such filing. Sec. 20-3, Within five days from the date of filing, of the notice of. intentionprovidedfor in the next . preceding section a true copy of said notice shall be served on the offcer whose recallissoughtpl3rsonally,ormay be mailed in the City to him byregisteredllaiLaddressed to snchoffcerathis last known place of residence iritheCity, If made by mail serviceshall be deemed complete at the time of the deposit in the post offce. Proof of service shall be madebyaffdavitofiheperson Inaking such service, Said affdavit shall state the ,date , place and , mamler ofservice alldshall be filed with the City Clerk within ten days from the date of filing said notice, -:6:1 20-4. Within ten days after the date of filing of the intention , the offcer ""vhose recall is sought may fileClerk a duly answer setting forththree such offcer s reply to notice of intention , or offce.the Clerk shall If such answer be not specified , the City any person who a certified copy and the time for fiing certificate the his - 30- Sec, 20-7. There shall be attached to every petition , or to each separate section thereof if the same be in sections , an affdavit made by the person who circulated such petition or section , giving the residence address of the affant , stating that all signatures appearing on such petition or section were made in affant's presence , and that the residence address , and the date appearing opposite or following each signature were written by each of the respective signers at the time of signing' in the affant's presence , and that according to his best infor- mation and belief each signature the genuine signature of the person whose name purports to be thereunto subscribed, Sec, 20-8. A recall petition shall not be circulated for the purpose of obtaining signatures thereto until the expiration of the time limit for the fiing of an answer , as specified in Section 20A. Signatures affxed to such petition prior to such time shall not be counted, Sec. 20-9. The signer ofa recall petition may revoke his signature at any time within forty-five days from the date of filing the notice of intention, referred to in Section 20-, byfiling with the City Clerlca revocation in writing, signed by such signer and verifiecFby 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 offce of the City Clerk from time to time as com- pleted provided that,all sections comprising such petition must be filed with the City Clerk n()t later than forty-five days after the date of filing of the notice of intention provided for in Section 20-2, 'rhercafterall such, sections shall together be deemed and considereclas one petition, Sec.20-11 Within ten days fl'omthe expiration of the time limit for filing a petition , specified in the next preceding sec- tion , the' City. Clerk must examine such petition and from the records of registration. ascertain and determine whether or not said petition is signed'!y the requisite number of qualified electors , and must forthwith file in ,his offce and attach to such petition his certificate showing the result of such examination. Sec. 20-12. Ifhythe Clerk's certificate , the petition is shown to be , insuffcient , the same may ,be supplemented by filing. with the City Clerk, ,,,rithin fifteen days from the date ofs'Ichcertificate supplellental petitions , duplicates of the original petition excepfasto the signatures. Within ten days ,fromithe expiration of the time limit specified in this section for the filing. of supplemental petitions the City Clerk must make like examination of the supple- mental petition as of the original petition , and must file in his 31- offce his final certificate showing the result of such examina- tion, Sec. 20-13, (a) The original or thereof, if or persons ing the number (b) If a only the ( c) person original petition (d) No shall govern: date of filing on each on each separate section on request of the person issue a receipt show- more than once, be counted, on the petition, on a sup- of qualified affdavits of Clerk of Ala- and with from the date of respect affdavit of signing such (f) The tions same. mental affxed: on number thereon preceding The addition to the must the two sec- of filing or supple- signatures revoked , the next petitions, cer- required 32 in this article shall be public documents and inspection as soon as filed. Sec. 20-14. If the Clerk's certificate valid signatures on said petition in the supplemental petitions , are action shall be taken thereon , but certificate shall remain on file as a to secure suffcient prejudice to and the fiing of an Sec, 20-15, The such persons as tion of the open to public the names of those candidates to succeed recalled from offce that all the contained further Clerk' failure at the stamping On such be printed nominated as he shall be vote shall beeountecl for any also voted on said to .be recalled against whom ' a candidate Sec. 20-20. mailed to any recall Ullless the voter of the person sought name of the person not appear on the ballot cause to be printed and at least ten days prior to ballot to be used at such of those voting on the question offce shall vote " No , said If a majority shall vote be deemed removed from the returus of such manner as in a General such recall election who has received offce shall be declared term. In 34- proceed if already called as provided in Section 20-16. In sw:h cOlltingency the vote on the question of recall shall not bB counted , but the election shall serve for the purpose of electing a succeSSoT. H at the tinle SllCh resigna.tion or vacancy occurs the recall election has not been called, the C01.mcil nnlst nevertheless f.orthwith callaSpecill Municipal Election to elect a successor to the offce thus left vacant, who shall serve for the ,. balance of the unexpired tenn , alld which election shall be held not less than thirty-five davs no.r 1110re than forty-five days after the calling of stlch electibn. Sec. 20-24. .All SpeciaX J.unicipalElections for recall or to fill any vacancy created by recalFor by resignation pending recall proceedings shall be , conducted , as, lwar a. way be , as in this Charter provided for General lVIUllicipal Electio.ns. Sec, 20-25. No person who hasbeell.recalled or who. has resigned. fro.m offce;. whilel'ecall proceedings were ' pending against him . shall be appoillted to ,0.1' beCowe a 'candidate for any City offce withbl , one year after such resigllation or recall. Sec.. 20-26, The perfornU)llce of , the c1; required QY tl1is article , tobeperforJned. hy theCityClerlz . the . Co.uncil . or any other offcer, . is. hereby. declared to bewandatory on such offcers. The failure of 'any such of:ce rtoPerforrn any of said acts withi the. tiwe .11erei specifiea. sllaU not hwalidate terwinate suchproceed.n but the, time f the perforwance of any subsequent act shalLbe extended for a period equal to 'the period of delay. Sec.2Q-27, This article shall Qe liberally ,cOllstrued to pro.- lno.te the 91:dects thereof, aIdi llo error olIissionor irregularity no.t . aiectillg the ,sllbstanhal rightsofa1'lY. citi enor public offcial shall ever beheld toillvalidat anY pro.ceedings taken under this article whexe therequiremen1; of this (lrticle have bBen substall tially co:wplied.with. AR.TIOJ,E :;XI. Initi:;tive al1d Jieferend1.m, Sec. 21-1. The Initiative and ReferenEl1unlIay be exercis by the qU\1lified electors o.f the City in the manner provided boy general law.TI04E lV1iscellaneou., Sec, 22-1. No offcer o.r emplo.yee o.f the City shall: (a) Recol11e financially interested, except by testate or intestate S,\1ccessioJJ either directly or ind:rectly, in any OOJ;- tract or sale, pnrcJH1se , lease or traMfer of real or persoIlal property to which the City is a party, 0.1' be Lo.J"ed by any - 35 public service corporation regulated by or holding franchises in the City. No offcer or employee shall be deemed to be financially interested by the ownership of less than five per cent of the outstanding' capital stock of a corporation. (h) Give , accept or promise anything of value for the purpose of procuring a nominatiDn appointment, elecWm or employment. (c) Knowingly mislead any bidder by giving or 'Vvithhold- ing information. A willul violation of anv of the foregoing provisions shall constitute misconduct, Sec.lease or trans- a party financially in Sec. mlS- compensation of elective offcers of the City itlcreasedor decreased.. dUl'ingtheir respective This section shall not prohibit the increase or - 36- 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 dispose of and otherwise administer the same in accordance with the terms thereof. 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 effect unless contrary to the provisions hereof subject to repeal and amendment, Sec. 23-3. All offcers and employees of the City at the time this Charter takes effect shall con tin ue in offce for the remainder of their respective terms (if fu(ed) or until removed as herein provided (if for an indefinite term), subject to all the provisions 'of this Charter, Sec, 23-4, All members of the Board of Public Utilities Commissioners elected in the year 1934 for four-year terms shall hold offce until June, 30 , 1939 , andall members of said Board elected in the year 1936 shall hold. offce until June 30 1941. Of the vacancies occurring ,June 30 , 1939 , one shall be succeeded to by the City Manager , one shall be filled by appointment for a term of four years and one by appointment for a term of one year , and the vacancies occurring June 30 1941 , shall be filled , one by appointment for a term of four years , and one by appointment for a term of one year. Upon taking effect of this , Charter , the City Manager shall become ex offcio a member of the Public Utilties Board with full participating and voting power, Sec. 23-5, The Boards andmcmbers thereof named in the first column following shallbe deemed to , be the successors to the Boards and members thereof named in the second column following. All incumbent.s' and members of' Boards in the second column at the time ,this Charter takes effect shall immediately assume and continue to hold the successor offce for the remainder of their unexpired terms. Board of Education , successor Board of Education Library Board , successor to Board of Library Trustees Public Utilities Board , successor to Board of Public Utilities Commissioners Social Service Board , suc cessor 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, - 37- That the aforesaid proposed charter was , by order of the Council ,of said City, filed. in the offce of the City Clerk said City on March 17 , 1937 , and was fully set forth and incorporated in said Resolution No, 2150; That by order of the City Council of said City, said pro- posed charter was published and advertised in accordance with the provisions of Section 8 , Article XI of the Constitu- tion of the State of California , on the 19th day of March 1937 , in The Alameda Journal aweeldy newspaper of gen- eral circulation and the Offcial Newspaper of said City, and in each edition thereof during the day of said publication; That copies of said proposed charter were printed in ,con- venient pamphlet form and in type of not less than ten-point and an advertisement that copies thereof could ,be had by application therefor at the offce of the City Clerk of the City of Alameda was published in said The Alameda Journal , and also in the Alameda Times-Star , a newspaper of general cir- culation printed and published in ,said City daily except Sun- day, on the 19th' day of March , 1937 , and thereafter in each and every issue ,of said newsp'apers until and including the day fixed for said special election , all as required by Section , Article XI of the Constitution of the State of California; That printed copies of saidprO'Psed charter were on hand and could he had upon application therefor, at the offce of the City Clerk of said City of Alameda from the 19th day of March , 1937 , until and including the day fied for said special election; That copies of said proposed charter, in convenient pam- phlet form , and in type of not less than ten-point, were mailed to each qualified elector of said. City of Alameda with the sample ballot of said election , more than ten whole days pre- ceding the, date of such election; That the Council of. the , City of Alameda, the legislativehodyof said City, by its Resolution No. 2150 , passed on the 17th day ,of March , 1937 , did order the holding of a special election in said City of Alameda on the 29th day of April 1937 , said day being at least forty days after the completion of , advertising of said proposed charter in said Offcial N ews- papeI'of said City, and not more than sixty days. after ,the completion of such advertising, and did provide in said Reso- lution for the submission of the proposal for the adoption andratification of said proposed charter to the qualified electors of said City at such election; That said special election was duly and regularly held on April 29 , 1937 , and at said election a majority of the quali- fiedelectors voting thereon voted in favor of the ratificationaIldadoption of , and did ratify and adopt , the said proposedcharter as and for the charter of the City of Alameda; That the ret.urns of said special eledion were, in accordance with the law in 'Such cases made and provided , duly and regu- lal'lycanvassed and certified to by . the Council of said City of Alameda at its regulal'meeting held on May 4, 1937 , and the said City Co ildulyfoun , determined and declared that a majority of the qualified electors of said City voting thereon had voted in favoroIsaid proposed charter and for the ratifi- X)ation andadopt.ion, thereoI and. that the same was ratified and adopted by a majority of the qualified electors of said City voting thereon at said election; And we further certify that we have compared the fOl'e- oingproposedtand ratified charter of the City of Alameda with the orrghlalproposedcharterframed by the Council of said City as aforesaid andfind tbat the foregoing is a full true and .exa.ct copythereoI. IN WITNESS WHEREOF , we have hereunto set our hands and ca.usedt.hes arof said . Qityof Alameda to affxed hereto this 4th day of May,1937. HENRY A, WEICHHART IIayorof the City of Alameda of Alameda (SEAL) WHEREAS , Said proposed charter has becn and is now sub- mit.ted t.o the Legislatul'e of the State of California Tor appnwalor rejection as a whole , with(mtpower of alteration or amendment., ina.ccordance wit iSection 8 'of Artide XI of the Constitution, of the State ofCalafornia Now , therefore , beitresolved'byt'heBenateof the State of California ' the Assem'blyihereofco n.cu1Ting,majority of th:emembers ,'elected to each house voting therefor, and coIYcnrring therein , that such charter herein set forth, as sub:mi tted to and ratified by t.he qU'alifiecl electors of said , and the same is hereby approved . as a whole , with- out alteration 'or alnendmel1t., for and as the chart.er of the city of Alameda St.at.eiofCaIifol'nia. 40- ---- c--- Presid f7jL \r./ __nm 8;;;1,;;-;/,1., -IY- : . Attest: \\- I'"'?I 1-"