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1947 Alameda City Charter´┐ŻA ADOPTED April 29 , 1937 APPROVED May 5 , 1937 Senate Concurrent Resolution No. 38 Amended to March , 1917 CHARTER 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 cbarter takes effect , or as such boundaries may be changed thereafter in the manner authorized by law. Sec. 1-2. The City shall have and exercise the fol- lowing rights and powers , subject to the express limita- tions 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 re- strictions and limitations provided in this charter. (E) To exercise all rights, powers and privileges heretofore 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 is established by ordinance. Sec. 2-5. No person shall be qualified to be elected or appointed to any of the elective offces hereinabove set forth unless he shall have been an elector of the City of Alameda for a period of five years continuously next preceding his eelction. Every City offcer and every full time employee shall be a resident of the City during the tenure of his offce or employment. Sec. 2-6. The term of each elective offcer shall com- mence at 8: 00 o clock p.m. on the third Tuesday in April next following the General Municipal .Election at which such offcer was elected and contmue for four years thereafter and until his successor is elected and qualified. Sec. 2-7. Every vacancy in an elective offce , aris- ing otherwise than as provided in Article XX , shall be filled by the Council. In the event that vacancies exist in a majority of the offces of Councilmen , such vacancies shall be filled by a board consisting of the remaining Councilmen , if any, and the ollowing o cers selected in the order named , suffcIent to constI- tute' a board of three , to-wit , Auditor , Treasurer and President of the Board of Library Trustees. After any vacancy in the offce of councilman has continued for twenty-one days , the three offcers . last mentioned in the foregoing sentence , acting as a board , shall have the sole power acting by a majority vote , to fill such vacancy. Sec. 2-8. The term of any person appointed to fill a vacancy in an elective offce shall commence upon appointment and qualification and continue until 8 : 00 ARTICLE II Offcers Sec. 2-1. The following elective offces 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 estab- lished , and the incumbents thereof shall be appointed by the Council by vote of not less than three members thereof , and may be removed by vote of not less than four members thereof: Mayor; City Manager; City Attorney; City Clerk. Sec. 2-3. The following offces are hereby estab- lished and the incumbents thereof shall be appointed by and hold offce at the pleasure of the City Man- ager: Chief of Police; Chief of the Fire Department; Health Offcer; City Physician; City Engineer; Super- intendent of Streets. Sec. 2-4. The salary attached to the following offccs shall be fixed by the Council at not less than the fol- lowing amounts per annum: Auditor, $3 600. Treasurer , $3 600.00; City Manager, $4 000.00; CIty Attorney, $3 000.00; City Clerk, $2 400.00. Each Councilman shall receive $20.00 for each meeting of the Council which he shall attend; provided , that no Councilman shall receive such fees for more than two mectings in anyone calendar month. (Amended March, 1947) clock p.m. on the third Tuesday in April followingthe next General Municipal Election , at which elec- tion a successor shall be elected to serve for the re- mainder of the unexpired term. Sec. 2-9. If any offcer of the City shall removefrom the City or absent himself therefrom for more than thirty days consecutively, without the permis- sion of the Council, or shall fail to qualify by taking the oath of offce and filing his offcial bond , wheneversuch bond is required , within fifteen days from the time his certificate of election or appointment is mailed or delivered to him, or shall resign , or be convicted of a felony, or be adjudged insane , his offce shall be vacant. Sec. 2-10. In the event of a vacancy in the offce of Auditor, Treasurer, City Attorney or City Clerk , theranking deputy or assistant shall, during such vacancy, perform the duties of such offce. Sec. 2-11. Any incumbent of any Federal , State orCounty offce, except notary public or offcer in the military or naval. reserve forces, shall be ineligible . tohold any elective offce or offce of member of any board created by this charter. Sec. . .12. . .. The persons occupying the . offces . set forth in Sections 2-, 2-2 and 2-, their assistants and deputies andmembersof aILhoards proyided for in Section lO-l,shall be the offcers. of the CIty. Sec. 2-13. All offcers, hoards and the certifiedpu b- lic accountant appointedpurnuanttoSub-Section . shall have power to administer oaths and affrmations to examine witneses and compel their attendance by subpoena in all matters affecting thei r respective of- fices and positions. All legal proces ISsued pursuant to this section shal be executed by or under the au- thority of the Chief of Police. ARTICLE III City Council Sec. 3-1. All powers of the City and all powers vested in city councils (except the powers reserved to the People or delegated to o her offce or b x:ds bythis charter) shall be vested m a CouncIl consIStmg of five Councilmen. Sec. 3-2. The Council may confer upon any board or offcer powers and duties additional to those set forth in this charter. Sec. 3-3. The Council may, on its own motion, sub- mit to the electorate by initiative or referendum any proposed resolution or ordinance which could be en- acted by the Council. Sec. 3-4. The vote of three members of the Council except as otherwise provided , shall be necessary for any act of or by the Council. Sec. 3-5. The Councilmen present at any meeting regularly held may compel the ance of abs 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 Councilan shall without being excused by the Council, absent himself from four or more consecutive regular meetings of the Council extending over a period of not less than thirty days , his offce shall be vacant. Sec. 3-7. The Council shall: (A) Meet at 8: 00 o clock p.m. on the third Tues- day of the month next succeeding the month in which the General Municipal Election is held , and organize by selecting from its membership a Mayor, who shall be the President of the Council , and a Vice-President of the Council , whose terms shall commence upon selec- tion 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 Chamber of the City Hall. Special meetings may be called by. the Mayor or by three Councilmen by serving the Councilmen per- sonally with written notices of time and purpose 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. ( c) Contract and fix the compensation for the serv- ices of a certified public accountant, who shall at least semi-annually investigate the transactions. and audit the accounts of all offcers having the collection, cus- tody or disbursement of public money, or having the power to approve , allow or audit demands on the treasury. He shall have free acces to all records, books and papers in all departments of the City. He may at any time visit any of the public offces and make ex- aminations and investigations therein without hin- drance. He must examine the offcial bonds of all City offcers and employees and investigate the suffciency and solvency of the sureties thereon. At the close of his investigation he shall file with the Council a writ- ten report containing his recommendations. If during his examination and audit it shall appear that a pub- lic 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 and employees who shall give bonds to the City for the faithful performance of their duties. All such bonds shall be executed by surety companies qualified to do business in the State of California and be subject to approval by the Council and shall be fied with the City Clerk, except that the bond of the City Clerk shall be fied with the Auditor. The premiums on all such bonds shall be paid by the City. (F) Prescribe the form of oath of offce and require that every offcer shall , before entering upon the duties of his offce , take and fie such oath with the City Clerk. ( G) Establish and abolish offces and positions of employment and fix the compensation and duties thereof, except as herein otherwise provided. (H) Designate the person to perform the duties of City Manager in the event of his absence or disability. (1) Establish on or before July 1,1938 , a retirement pension and insurance system for City offcers and em- ployees based on sound actuarial principles, which sys- tem once adopted shall not be amended except by the vote of five Members of the Council , and shall not be repealed except by the People. Such system shall pro- vide for the support thereof by deductions from the compensation of offcers and employees of the City and contributions from City funds and funds under the control of the respective boards. Sec. 3-8. The Council shall act by ordinance , reso- lution or motion , and the vote of each member of the Council on ordinances and resolutions shall be entered in the journal. Sec. 3-9. No member of the Council shall , during his term of offce, be eligible to appointment to any board created by this charter. Sec. 3-10. All acts of the Council imposing penal- ties , prescribing public regulations , granting franchises or providing for the acquisition , transfer or lease for a period longer than one year , of real property, shall be by ordinance; provided , however, that the acquisition of real property, or any interest therein , may be au- thorized by resolution when the purchase price to be paid , together with any obligation imposed on the City in connection with any such acquisition , does not ex- ceed the sum of $1 000., or when such acquisition is to be accomplished by condemnation in eminent domain proceedings , or in connection with public im- provements 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 affrmative vote of four members of the Council. The provisions of this section shall not apply to the acquisition or transfer of real property when , pursuant to procedure established by ordinance or by any code or general law of the State of California, such propert has been acquired , or is transferred or acquired in satis- faction, foreclosure or enforcement of a lien for taxes or special assessments of any character. Sec. 3-11. The enacting clause of every ordinance passed by the Council shall be , " Be it Ordained by the Council of the City of Alameda." Every amendment of an ordinance shall be germane to the original pur- pose of such ordinance. Every ordinance shall be signed by the offcer presiding at the time of its adoption and attested by the City Clerk. No ordinance shall be passed by the Council within five days after its introduction , or at any time other than at a regular meeting or an adjourned regular meeting, except as provided in the following section. Sec. 3-12. No ordinance shall become effective until thirty days from and after the date of its final passage except an ordinance callng or otherwise relating to an election , or an ordinance determining the amount of money necessary to be raied by taxation , or fixing the rate of taxes to be levied , or an ordinance relating to a street improvement proceeding taken under some law, or an ordinance relating to public improvements or work the cost of which, or any portion of which, is to be borne by special assessments against property bene- fitted thereby, or an ordinance for the immediate preser- vation of the public peace, health or safety, which con- tains a declaration of the facts constituting its urgency, and is passed by a four-fifths vote of the Council , or an ordinance enacted in the event of great emergency or necessity pased by four votes of the Council and con- taining a statement of the emergency or necessity. Ordinances for the immediate preservation of the pub- lic peace , health or safety and ordinances enacted in the event of great emergency or necessity, when passed as aforesaid , may be introduced and passed at one and the same meeting and at either a regular or spe- cial meeting. No grant of any franchise, however, shal ever be construed as an urgency or emergency measure. Sec. 3-13. No ordinance shall be re-enacted or amended by reference to its title only, or without set- ting forth the amended or re-enacted sections or sub- sections thereof in full. Sec. 3-14. Al ordinances shal be published once the offcial Newspaper within three days after the same shall have been finally pased. Sec. 3-15. When the expenditure required for the purchase of material or supplies , or for the makig of public work or improvements , exceeds the sum of one thousand dollars , the same shall be done by writ- ten contract and let to the responsible bidder who submits the lowest and best bid, after advertising in the Offcial Newspaper by at least one insertion for sealed proposals, which advertising shall be made at least five days prior to the time for receipt of bids. Advertisements for bids may set forth the general char- acter 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 improvements without contract or purchase such materials or supplies in the open market. The Council may, by four votes, either with or without prior ad- vertising, as hereinabove set forth , determine that in its opinion the public work or improvements in ques- tion wil be performed more economically by the City without contract , or that the materials or supplies can be purchased at a lower price in the open market or that great necessity or emergency requires imme- diate action , and thereupon proceed to make such public work or improvements without contract and to purchase such materials or supplies in the open market. Sec. 3-16. A preference of not to exceed five per cent of the lowest bid may be allowed by the Council on all bids for material and supplies made by a per- son who , for more than one year continuously pre- ceding the making of such bid , had an established place of business in the City manufacturig, process- ing, wholesaling or retailng such materials and sup- plies. Sec. 3-17. When entering into any contract for labor or hiring any labor for public contract work, prefer- ence shall be given to contractors , mechanics, artisans or other laborers of any class , who shall have actually resided in the City for a period of six months preceding the date of their engagement to perform labor, quality and price of work being equal. Sec. 3-18. The Council shall annually, after adver- tising in the manner provided for the purchase of sup- plies , award a contract to the responsible bidder who submits the lowest and best bid for publication of all legal advertising of the City in a newspaper of gen- eral circulation published in the City for a period of not less than one year immediately preceding the mak- ing of such and having a bona fide paid circula- tion of at least one thousand copies. The newspaper published by the successful bidder shall be the Offcial Newspaper of the City. The Council may reject all bids. In lieu of newspaper advertising the Council may issue and publish a bulletin containing such matter as it is required by law to publish , sending the same by mail to the registered voters of the City, to their ad- dresses as the same shall appear on the registration records of Alameda County, and shall also post printed copies of such advertisement in three public places in the City of Alameda. ARTICLE IV Auditor Sec. 4-1. The Auditor shall perform all the duties of Auditor and Assessor prcscribed 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. 4-2. He shall be the general accountant of the City and shall have the custody of and preserve in his offce all acounts , books , vouchers , documents and papers relating to the debts , revenues and other finan- cial afairs of the City. Sec. 4-3. He shall keep an accurate account of all money transactions of the City, and at all times his records shall reflect the exact condition of the treasury and he shall 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 offcers departments and boards thereof. Sec. 4-5. Every demand presented to him shall specify on its face the several items composing it , the amounts and the dates thereof and shall be numbcred and acted upon in the order of presentation. Every demand shall , before payment , be 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 salary need bear the allowance only of the City Manager or executive offcer under whose juridiction 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. Sec.6. No warrant shall be drawn by the Auditor unless there are suffcient moneys otherwise unappro- priated 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 unexpended and unapplied balance of the appropria- tion or fund applicable thereto suffcient to pay and fully discharge the City s obligation under such con- tract as certified by the Board or offcer making the same. All sums of money represented by such endorse- ments outstanding shall be used for no other purpose except the payment and discharge of the respective contracts so endorsed. ARTICLE V Treasurer Sec. 5-1. The Treasurer shall perform all the duties of Treasurer and Tax Collector prescribed by this char- ter, by ordinance and by general law and shall devote his entire time to the duties of his offce. He shall , sub- ject to Civil Service requirements , have power to ap- point, 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 be- longing to the City, or to any offcer 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 Treasurer shall not receive any moneys unless the payment of the same is accompanied by the certificate of the Auditor, stating the amount of the same , to what fund payable and by whom to be paid. ARTICLE VI Mayor Sec. 6-1. The Mayor shall be the offcial and cere- monial head of the City and shall preside at all meet- ings of the Council. He may take command of the Police and Fire Departments and govern the City by proclamation whenever the Council determnes 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 shan per- form the offcial duties of Mayor, and during the ab- sence or disability of both such offcers, the remaining members of the Council shall select a Mayor Pro- tempore. Sec. 6-3. Vacancies in the offce of Mayor shall be filled by the Council. Sec. 6-4. There is hereby appropriated to the use of the Mayor in the discharge of his offce the sum of fifty dollars each month for which he need furnish no vouchers. AR TI CLE VII City Manager Sec. 7-1. The City Manager shall be the Chief Ad- ministrative Offcer of the City and shall be chosen by the Council on the basis of his executive and adminiS- trative qualifications , with special reference to his ac- tual experience in , or his knowledge of, accepted prac- tice in respect to the duties of his offce as hereinafter outlined. Sec. 7-2. The City Manager shall have the power and it shall be his duty: (A) To administer and execute policies and under- takings formulated 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 court to enforce them. (c) To appoint , discipline and remove all offcers and employees of the City under his juridiction, sub- ject to Civil Service requirements. (D) To act as purchasing agent for the City and all offcers and boards thereof , except the Board of Educa- tion and the Public Utilities Board unless so requested by them. (E ) To attend all meetings of the Council unless excused by the Councilor the Mayor. (F) To keep the Council at all times fully advised as to the needs of the City, and to recommend such measures and policies as he may deem expedient. (G) To conduct such investigations and prepare such plans , specifications or reports as may be specified by the Council. (H) To see that all contracts and franchises made under his jurisdiction or that of the Council are faith- fully performed, and to report all violations thereof to the Council. (1) To supervise and administer all public parks golf courses, recreati()n areas , wharves , docks and other public properties , utilities and facilities belonging to the City, except as in this charter otherwise provided. (J ) To appoint technical advisory expert or boards with the consent of and at such compensation as may be provided by the Council. ( K) Until a Civil Service ordinance shal be in force, to establih 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 examnations. (L) To prepare and submit a budget as required by this charter. (M) To investigate the conduct and proceedings of any offcer or board of the City when he shall deem the same necessary, or when so directed by the Council. (N ) To devote his entire time to the duties of offce. (0) To formulate rules and regulations for offcers and employees under his jurisdiction. Sec. 7-3. Neither the Council nor any of the mem- bers 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 shal deal with that portion of the administrative service for which the City Manager is responsible solely through him. An attempt by a Councilman to influ- ence the City Manager in the making of any appoint- ment or the purchase of any materials or supplies shal subject such Councilman to removal from offce for malfeasance. Sec. 7-4. The City Manager shall appoint a Chief of Police who shal be the chief executive of the Police Department. Sec. 7-5. The City Manager shall appoint a Chief of the Fire Department who shall be the chief execu- tive of the Fire Department. Sec. 7-6. The City Manager shall appoint a Health Offcer who shall be the chief executive of the Health Department. The Health Offcer shall hold the degree of Doctor of Medicine and a license to practice medi- cine in the State of California , or a degree representing equivalent training in public health. He shall exercise al 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 Medi- cine and a license to practice medicine in the State of California. The City Physician shall , without charge and as required by the Council, render emergency, surgical and medical service, and make such medical examinations as may be necessary for the administra- tion of the affairs of the City Government. He shall have charge of any receiving hospital or dispensary established by the City. Sec. 7-8. The City Manager may consolidate the offces of Health Offcer and City Physician. Sec. 7-9. The City Manager shall appoint a Superin- tendent of Streets who shall be the chief executive of the Street Department. Sec. 7-10. The City Manager shall appoint a City Engineer who must have been , prior to his appoint- ment , 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 engineeringrecords prepared by him shall be the propert of theCity. Sec. 7-11. The City Manager may consolidate theoffces of Superintendent of Streets and City Engineer. Sec. 7-12. The Chief of Police , Chief of the FireDepartment, Health Offcer, City Physician , Superin-tendent of Streets and City Engineer shall each have power to discipline any employee under his control by the imposition of a fine not to exceed one month' salary, or by suspension without pay for not to exceed thirty days, or other penalty less than dismissal , subjectto appeal to the City Manager who shall , on such ap-peal , have final and arbitrary authority to affrm modify or revoke such penalty. ARTICLE VIII City Attorney Sec. 8-1. The City Attorney shall have been, at thetime of his appointment, regularly admitted to prac-tice and engaged in the practice of law in the State of California for a period of at least five years next pre-ceding such appointment. Sec. 8-2. The City Attorney shall prosecute all vio-lations of the ordinances of the City. He shall, subjectto the general direction of the Council , board or elec-tive offcer having jurisdiction of the matter, prosecute the form of all bonds all contracts or legalinstru- interested, and shall endorse the form thereof. He shall thereof The City Attorney shall appoint , dicipline to Civil. Service requirements , all authority. be duly admitted to of California. or any board with the con- empower the City Attorney, employ special legal counsel. ARTICLE IX City Clerk Sec. 9-1. It shall be the duty of the City Clerk: (A) To perform all duties imposed upon him by general law where not inconsistent with this charter or the ordinances of the City and to devote hi entire time to the duties of his offce. (B ) To act as Clerk of the City Council and keep an accurate public record of the proceedings thereof and also separate , properly indexed books in which respectively, he shall record all ordinances and reso- lutions. ( c) To have custody of the offcial Seal , deeds leases , contracts and all records of the Council and such other offcial records as may be committed to his care. (D) To take affdavits and administer oaths , with- out charge , in all matters affecting the business of theCity. (E) To appoint , disciplinc and remove, subject to Civil Service requirements , all employees and deputies in his offce , subject as to all deputies , to the approval of the Council. (F) To act as Secretary of the City Planning Board. ARTICLE X Boards Sec. 10-1. The following Boards areherebyestab- Iished: Board of Education; Public Utilities Board; Board; City Planning Board; Social Serv- ; Library Board. 10-2. Each of said Boards, except the Public Board and Social Service Board , shall consist Upon nomination of the Mayor, the shall appoint, between May 1 and July 1 of one member of each such Board for a term on the first day of July following such and continuing for five years , and there- the successor of such member is appointed 10-3. The Public Utilities Board shall consist one of whom shall be the City Man- shall have full power of participating and nomination of the Mayor, the Council between May 1 and July 1 of each member of said Board for a term commenc- first day of July following such appoint- continuing for four years and thereafter successor of such member is appointed and Service Board shall consist shall be the City Man- power of participating and of the Mayor, the Council 1 and July 1 of each year for terms commencing the succesor of such member is appointed and qualified. Sec. 10..5. A vacancy in the offce of a member of any board shall be filled for the unexpired term by nomination and appointment in the manner herein- above set forth. Sec. 10-6. All members of such boards shall, at the time of their appointment and continuously during their incumbency, be electors of the City. Sec. 10-7. Each person appointed to membership of any of said boards shall be particularly qualified to discharge the functions of his offce and , to that end: (A) One member of the Public Utilities Board shall be an electrical , civil, mining or mechanical en- gineer. Sec. 10-8. The members of such boards shall re- ceive no compensation. Sec. 10-9. A member of any such board may be re- moved 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 remoye (subject to Civil Service requirements) its offcers and employees and prescribe their duties and exercise all authority and perform all duties pre- scribed by thi charter and by general law or ordi- nances. Sec. 10-12. No position of employment with any right of compensation attached thereto shall be estab- lished under the jurisdiction of any said boards, ex-cept the Board of Education , the Public Utility Boardand the Library Board, except by action of the Council. Sec. 10-13. The votes of a majority of the entiremembership of a board shall be necessary for action thereof. ARTICLE XI Board of Education Sec. 11-1. The Board of Education shall controland manage the public schools in the City in accord- ance with the Constitution and general law of the State of California and is hereby vested with all thepowers and charged with all the duties provided by this Charter and by general law for governing boards of city school districts. Sec. 11-2. In the event that the estimated income for support of the schools in the City, exclusive of City funds, is , in the opinion of the Board of Educa- tion, insuffcient to properly support such schools, theBoard shall , on or before the second Monday in May of each year, submit to the Council its itemized bud- et of estimated income and expenses for the next en- suing fiscal year, accompanied by a request for such sums of money as wil be necessary to balance such budget. The Council shall include in the next suc- ceeding tax levy and apportion to the Alameda School Fund as received the amount of money so requested, except that by the affrmative vote of four members thereof , the Council may reduce such amount and apportio to such Fund , not less than twenty cents on each one hundred dollars of assessed valuation. Such Fund shall be expended by the Board of Edu- cation, but otherwise held and audited as other City funds. ARTICLE XII Public Utilties Board The Public Utilties Board shall have theSec. 12- power: (A) To control and manage all public uti ties owned by the City used for the purpose of generatmg, distributing or sellng gas or electricity or for the pur- pose of furnishing transportatio (B) To control and manage any City-owr:pub- lic utility the control and management of whIch shall have be:n delegated to the Board by the Councilor the People. ( c) To contract for the purchase of material and supplies, subject to the provisions of Sec and 3-16 of this charter except as otherwISe 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 bid- ding: (A) To contract for the purchase , for not to excee ten years , of gas , electrical energy or such other publI utilty service or commodity necessary for the opera- tion of a public utility under the control and manage- ment 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 , con- duits and rights of way; and to acquire by lease or pur- chase in the name of the City real property necessary for its purposes. (D) To purchase out of a revolving fund goods wares and merchandise to be resold for the purpose of increasing the public utility services or commodities under the control and management of the Board; pro- vided , the total amount of money in such fund, together with the amount of money invested in such goods , wares and merchandise , shall not in the aggregate exceed the sum of $15 000.00. Sec. 12-3. The Board shall alo have the power: (A) To sell obsolete or unnecessary personal prop- erty, subject to the consent of the Council on all sales exceeding the sum of three thousand dollars. (B) To make any original construction of and any provement to any utility under the control and man- ment of the Board , and to do and perform any work for the City or any board thereof at cost; pro- vided, however, if the Board shall elect to make any such original construction of or improvement to any such utility by contract , then the same shall be done subject to the provisions of Sections 3-15 and 3-16, the Board exercising the powers conferred upon the Council in said sections. (0) To fix rates for the services of all utilities under its control and management. (D) To establish and abolish positions of employ- ment under its control and fix the compensation and prescribe the duties thereof. No employee of the Board receiving compcnsation from it shall be , or within one year preceding his employment have been , a member of thc Board. (E) To borrow, with the approval of th Council and not otherwise, not tp exceed one hundred thousand dollars in the aggregate for capital investment. Money borrowcd 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 muni- cipality in the State of California. Sec. 12-4. The Board shall: (A) Keep books and records for each utilty under its control and management in the manner prescribed by the Calforna Railroad Commision or its succes- sor in authority, and all other fical records in thc man- ner prescribed by the Auditor. (B) File with the Auditor and Council monthly and annual report setting forth the financial and physical condition of the utilities under its control and man- agement, accompanied by monthly and annual audits prepared by the Certified Public Accountant referred to in Section 3-7 (c). (0) Maintain a store room and store room system wherein a detailed record shall be kept of all materials received and issued in a manner satisfactory to and subject to the audit of the Accountant referred to in the next preceding sub-section. (D) Prepare and adopt an annual budget. Sec. 12-5. Neithcr the City nor the Board shall en- gage in any public utilty business , in which the City or the Board is not now engaged , except with the con- sent of the People expressed by a two-thirds vote. Sec. 12-6. The Board may retain from earnings of public utilities under its management. and control in each fiscal year after payment of bond interest and . king fund requirements and operating expenses ex- sive of depreciation , a sum equal to ten per cent the investment in Fixed Capital in Service of such ilties at the beginning of such fical year, as a re- serve for contingencies , replacements, renewals , addi- tions and improvements; provided , however, that when the amount of Working Capital (Current Accrued sets less Current Accrued Liabilties) at the end of uch fical year shall be equivalent to or in excess of Sec. 13-2, The Council, on or before July 1 , 1938, shall establih by ordinance a Civil Service System for the City. Such ordinance , once adopted , shall not be amended, except by vote of five members of the Coun- cil and shall not be repealed, except by the People. No position of employment, once placed under such Civil Service System , shall be removed therefrom , except pursuant to such Civil Service Ordinance or by vote of the People. Sec. 13-3. Any member of the Police or Fire De- partment who shall have been in the service of the City for three years , shall , if dismissed ' have the right appeal to the Civil Servce Board , which shall have the power to hear the charges and determine the penalty. The procedure for such appeal shall be determined by the Civil Service Ordinance , or in default thereof by the Civil Service Board. twenty-five per cent of the Fixed Capital in Service as of the same d te i! an an;ount equal to five per cent of FIxed CapItal m 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 fical year. All earnings of such utilties for the fiscal year in excess of said payments and retainments shall be trans- ferred by the Board to the General Fund of the City, unless the C?uncil prior to the end of the fiscal year shall authorIze the Board to retain for said reserve a larger percentage than above set forth. For the purpose of carrying out the provisions of this section the Board prior to the first day of each fiscal year shall make an estimate of the amount to be earned in the fiscal year in excess of said payments and re- tainments and said excess amount as estimated shall be transferred to the General Fund of the City quar- terly 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 . 13-1. T?e Civil Service Board shall have power and It shall be Its duty to administer the Civil Service System of the City. ARTICLE XIV City Planning Board Sec. 14-1. The City Planning Board shall have such wers and duties as may be delegated by City ordi- ance. It shall have power to investigate and recom- d plans for the future development , improvement beautification of the City, including landscaping, nting and care of trees on public streets, parks and ounds, the improvement and development of or facilties, the location and improvement of ublic buildings and works and the subdivision and ning of land. ARTICLE XV Social Servce Board The Social Service Board shall have theSec. 15- power: (A) To investigate and endorse charitable and phil.anthropic corporations or associations dependent upon public appeal or general solicitations for support. (B) To encourage the formation of private socialwelfare organizations to meet needs not already pro- ed for and to foster all worthy philanthropic enter- pnses. (c) To investigate misstatements, deceptions andfrauds in connection with charitable solicitations andto recommend appropriate action thereon. (D Y To supervise in such manner as the Council may determine all employment bureaus, day nurseriesand other social service functions established by the City. ARTICLE. XVI Library Board Sec. 16-1. The Library Board shall have the power: (A) To control and manage the Public Library Sys-tem 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 regulationsnecessary for the administration, government and pro- tion of the Library System and al property thereof. (D ) To purchase necessary books, journals, publica-tions and other personal property. (E) To borrow books from , rent books to and ex-hangc the same with other libraries, and to extendibrary privileges to nonresidents upon such conditions the Board may prescribe. Sec. 16-2. On or before the second Monday in May f each year, the Library Board shall submit to theouncil an itemized budget of the amount of money ecessary for the administration of the Library Systemthe City during the next ensuing fical year. To the tent of seven cents on each one hundred dollars of sesed valuation , the Council shall, and as to anycess thereover set forth in such estimate the Council y, include in the next succeeding tax levy and ap- ion to the Library Fund as received moneys for theoses set forth in such budget. ec. 16-3. Al 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 ibrary Fund. ARTICLE XVII Finance and Taxation Sec. 17-1. The fical year of the City shal commence e first day of July of each year and shal end on next succeeding thrtieth day of June. Sec. 17-2. On or before the second Monday in Mayof each year, each Board or offcer having supervisionor control of the expenditure of City funds, and everyoffcer or Board so direct cd by the City Manager shall transmit to the City Manager detailed estimates ofincome 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 showing the estimated reve- nues 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 Septem- ber 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 thc assessment roll in the offce of the City Assessor.Such rate, after allowing three per cent of the assessed valuation for delinquencies, must yield suffcient 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 re-citing the same and passed by the vote of not less than four members of the Council , or except when author- ized by majority vote of the People, the annual taxlevy, exclusive of sums necessary to provide for interestand sinking funds on the City s bonded indebdted- , and to pay for street and sewer work , maintenancemprovement of public parks , squares and grounds es of employees of the Fire Department and theys apportioned to the Board of Education pur- to Section 11-2, shall not exceed the rate ofdollar for each one hundred dollars' assessed valua- c. 17-6. The Council shall fix the tax rate bvnating the number of cents levied on each on dred dollars of assessed valuation of taxable prop- specifying the portion of the whole which shallng to any particular fund of the City, and desig-ng also the portion thereof appropriated for each ecial purpose or for the bonded indebtedness of the ty. If the Council shall fail to fix the tax rate in the time prescribed , the rate for the next pre-ing fiscal year shall thereupon be automaticallyopted. Sec. 17-7. Unless otherwise provided by ordinance levy and collection of City taxes shall be pursuant enerallaw for the levy and collection of State and unty taxes , and to that end all duties required byI law to be performed by County offcers shall rformed by the City offcers performing similar ry tax levied pursuant to law shall be a per-obligation of the person to whom the property ax is assessed. Every tax shall be and constituten the property assessed and, as to taxes on per-property, on the real property in this city of the person to whom the tax is asesed and , as to taxes on improvements, on the taxable land on which such im- provements are located and , as to taxes on assessments of possessory interests, on the other taxable real prop- erty of the owner in this city. The time when taxes for any fiscal year become a lien on property is noon on the first Monday in March preceding the beginning of the fical year for which the taxes are to be collected. Except as otherwise provided in this section, the personal obligation is satisfied and the tax lien removed when, but not before: (A) the tax is paid or legally cancelled , or (B) for non-payment of any taxes , the property is sold to a private purchaser or deeded to the City. After thirty years succeeding the time , heretofore or hereafter, when any tax becomes a lien , if the lien has not been otherwise removed, the lien ceases to exit and the tax is conclusively presumed to be paid. Sec. 17-8. All moneys received by any offcer employee of the City in his offcial capacity or belong- ing to the City, and all moneys directed by general law or by this charter to be paid or deposited in the City Treasury shall be paid into the Treasury daily by the offcer or employee receiving the same. Sec. 17-9. All charges , fees, commissions and per- centages collected or received by any offcer or em- ployee of the City in the performance of any offcial ty as such offcer or employee, or in the performance the duties of any offce held ex offcio , shall be the erty of the City; provided , that the Council may rdinance provide that the Health Offcer of the shall be entitled to receive and retain the fees pro- by law to be paid by the State or County to Local egistrars of Vital Statistics for the registration of birth d death certificates. Sec. 17-10. The Mayor, Auditor and City Manager , together, count the money in the City Treasury ast once in every three months and ascertain the ount of money on hand and make a written report eof to the Council within five days thereafter show- whether the money in the City Tresaury corre- ponds to the amount shown by the fiscal record of he City. Sec. 17-11. A Police Secret Fund in such amount he Council may from time to time appropriate is ereby established under the sole control of the City anager. It shall be withdrawable by him without e to the auditing provisions of this charter. d shall be expended by the City Manager and f of Police under the direction of the City for investigation and police work of a secret r and for no other purpose. Semi-annually and other times as the Council may require, the nager shall file with the Council his affdavit he affdavit of the Chief of Police that all moneys expended out of the fund have been used for the pur- poses hereinabove set forth. Sec. 17-12. An Emergency Revolving Fund , the un- expended balance of which shall at no time exceed five hundred dollars , is hereby established. The Coun- cil 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 Manager and the Auditor, but not otherwise appropriated , audited , allowed or ap- proved. Said offcers shall take receipts for all money expended out of such fund and at least quarterly shall file with the Council a detailed statement of such ex- penditures. Sec. 17-13. The Council may provide for the estab- lishment of a permanent revolving fund , to be known as the Cash Basis Fund , suffcient to place the busi- ness of the City upon a cash basis. ARTICLE XVIII Franchises Sec. 18-1. Franchises may be granted for the use by any public utilty of the streets , public places or property of the City upon such term , conditions , re- strictions and limitations as may be prescribed by ordi- nance, but no franchise shall be granted without re- serving to the City adequate compensation for the privilege conferred; nor for a longer period than twenty years unless there be reserved to the City the right to take over at any time the portion of such utilty located in the City without compensation for the value of ranchise granted. ARTICLE XIX Municipal Elections 19-1. Municipal Elections held in the City of eda shall be classified as of two kinds: (A) Gen- unicipal Elections; (B) Special Municipal Elcc- ec. 19-2. A General Municipal Election shall be bi-annually on the second Tucsday in March of odd numbered year. The first General Municipal n after the adoption of this charter shall be held esday, March 14 , 1939. All other municipal elec- shall be Special M llnicipal Elections. A Special cipal Election may be called by ordinance or by tion of the Council. . 19-3. The provisions of the Elections Code and nstitution of the State of California relating to alifications of electors and voters shall govern municipal elections. Except as otherwise pro- this charter or in any ordinance enacted by ative vote of four members of the Council isions and procedure provided in the Elec- ode and the general law of the State of Cali- ow in effect and as hereafter amended or r elections in chartered cities and munici- ally, and in all respects not so provided ent and future provisions of said code or governg County elections generally, inofar as they may be applicable, shall govern all elections in this City. The Council and the City Clerk, respec- tively, shall exercise the powers and perform the duties conferred or imposed by law on Boards of Super- visors and County Clerks, respectively, concerning elections. For the purpose of this article, all seats or positions on the Council shall be considered as a single offce for which as many pcrsons are to be selected as there are full and unexpired term to be filled. No election, either general or special , shall be set aside for any error , irregularity or defect in the pro- ceedings leading up to said election or in said election when the provisions of law governing the same are substantially complied with and wherc a fair cxprcssion of the wil of the electorate is secured. Sec. 19-4. No person shall become a candidate for an elective 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 peti- tion signed by not less than thirty nor more than fifty qualified electors of the City. Such Nominating Peti- tion may consist of one or more sections , provided 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 e was affxed in hi presence and is the sig- e person whose name purports"to be thereto Each Nominating Petition shall state the the candidate, the offce for which he is and must be accompanied by the writ- nce of the candidate therein named. No one candidate may be named in anyone case an elector has signed two or more petitions for the same offce, all such sig- cept the one appearing on the petition nted , shall be rejected; provided , however e two or more persons are to be elected me offce at the same election , an elector the Nominating Petition of as many per- ere are offcers to be elected to such offce. s on Nominating Petitions shall not be with- 19-5. Every Nominating Petition must be filed City Clerk not earlier than sixty days nor thirty days before any General Municipal receipt of any such petition the City Clerk same and thereupon he shall examine ine whether it conform to the requirements , and from the current affdavits of regis- Ie in the offce of the County Clerk of the ameda shall ascertain and determine ition is properly signed by the requisite ed electors, and within five days from must attach to said petition his certificate ult of his examination. If the petition be found insuffcient, such certificate shall designate the defects therein , and such petition may then be amended or supplemented by the filing, not less than thirty days before such General Municipal Election of an amended or supplemental petition , and the City Clerk shall , within five days from the filing thereof make like examination of the same and attach his cer- tificate thereto. Sec. 19-6. Any person named in a Nominating Peti- tion filed as herein provided may, not later than twenty-five days before the ensuing General Munici- pal Election , cause his name to be withdrawn from nomination by filing with the City Clerk a statement of withdrawal acknowledged before a notary public. The names of candidates who have withdrawn , or who have died , twenty-five days or more before said election , shall not be printed upon the ballot nor en- tered in the list of candidates. If by reason of such withdrawal or death , the number of candidates re- maining does not exceed the number of offcers to be elected to an offce, then other nominations may be made for such offce by presenting petitions therefor not later than twenty-one days prior to such election but no amendment or supplement to any such petition shaH be allowed. whether he is a taxpayer of the City and as ever been convicted of a felony or mis- olving moral turpitude. He may give in not to exceed one hundred fifty information regarding hi experience as might enable the electors to de- for offce. Such statement shall also e names of not less than twenty residents , and no others, who have signed his Nom- . Any material misstatement of facts shall disqualify the candidate from ffce. must also deliver at his own cost , printed copies of such statement er of qualified electors of the City. printed on a single sheet of white . e by nine inches long, and shall on a true photograph of such candi- two years prior thereto. mail one of such copies to each e sample ballot. The City Clerk allot the name of any candidate nd furnish copies of the state- section. closing of nominations the City of the candidates who have provided, and who have ing section , together with ot later than twenty days hall certify such list as be- Sec. 19-7. NQt lat twent -one da efore the ensuing election each candidate must file with the City Clerk a verified statement of his name , the offce for which he is. a candidate, hi residence , place of birth, occupation for the past five years, public offces ing the list of candidates nominated as required by the charter of the City and file the same in his offce. Sec. 19-9. As least ten days before a General Mu- nicipal Election the Mayor must isue under his hand and the City Clerk must attest, an election proclama- tion containing a statement of the time of the eletcion the offces to be filled and the names of the candidates and of the propositions , if any, to be voted on as the same shall appear on the ballot. The City Clerk shall cause said proclamation to be published twice in the Offcial Newspaper, and the last publication thereof shall be at least five days before the date of election. No further or other notice of such election need be given. Sec. 19-10. The Council shall , by ordinance or reso- lution passed or adopted not later than twenty days before an election , establish election precincts, desig- nate the pollng places therefor and name the offcers of election for each precinct; provided that when two or more municipal elections are consolidated by the Council it shall not be necessary to set forth the pre- cincts , pollng places and offcers of election in more than one of such ordinances or resolutions. Sec. 19-11. The Council shall canvass the election returns and declare the result of any municipal election at its first regular meeting, following the election , or at a special meeting held within ten days after such election , unless such election has been consolidated and the canvassing of returns delegated pursuant to gen- erallaw. Sec. 19-12. In case there is but one person to be cted to an offce, the candidate receiving the highest mber of votes cast for that offce shall be declared e ected. In case there are two or more persons to be elected the same offce , then those candidates , equal in num- r to the number to be elected, who receive the high- est number of votes cast for such offce, shall be de- clared elected. Where full and one or more unexpired term to the same offce are to be filled , the candi- dates , equal in number to the number of offcers to be elected for the full term , who receive the highest number of votes cast for such offce, shall be declared elected for the full term; and the candidate who re- ceives, or the candidates equal in number to the num- ber of offcers to be elected for unexpired term who ceive the next highest number of votes, shall be de- lared elected for the unexpired term or term. If un- xpired term be of different duration , the candidate ho receives the highest number of votes shall be de- lared elected for the longer term. Sec. 19-13. In case of a tie vote, the City Council shall forthwith summon the candidates who have re- ceived such tie votes to appear before the Council ata . me and place to be designated , and the Council shall such time and place, determne the tie by lot. Such ummons shall , in every case, be mailed to the address of the candidate as it appears in hi Nominating Peti- tion , or delivered to him personally, at least five days before the date fixed for the determination of such tie votes. soluti establihing, changing or consolidating pre- cmcts the boundaries t eof may be defined by refer- ce to extenor descnptlOns or delineations on pre- cmct maps or both, or by reference to orders or reso- lutions of the Board of Supervisors of the County of Alameda last theretofore establishing precincts within the City for holding general State and County elec- ons . Unless precincts be established as herein pro- vIded, they shall remain as last theretofore established ;-ithi the City by said Board of Supervisors for hold- mg general State and County elections. In case a City election is consolidated with a State or County election the precincts and pollng placesfor such municipal election shall be as establishedwithin the City by the Board of Supervisors of the County of Alameda for the holding of such State or ounty ele tion. It shall not be necessary to set forth m any ordI anceor resolution callng or relating to such consolIdated municipal election the election of- ficers for the several precinct boards , but reference may be made to the resolution or ordinance of said Board of Supervisors appointing election offcers for such State or County election. At al municipal elections the election offcers for ach precinct board shal consist of one inspector, one Judg and two cl rks, except that the Council may de- ternune that one Inspector, one judge and one clerk is suffcient. Sec. 19-14. At least ten days before any Special Municipal Election, the Mayor must issue under his hand , and the City Clerk must attest, an election proclamation containing a statement of the time of such election and of the propositions to be voted on as the same shall appear on the ballot. Such proclama- tion shall be published as required for General Mu- nicipal Elections and no further or other notice need be given. Sec. 19-15. No person shall be entitled to vote at any City election unless he shall be registered as a voter in the offce of the County Clerk of Alameda County and unless he would have been entitled to vote in a precinct in this city at a State or County election held on the same day as such City election. The registers used at all City elections or in connec- tion with the certification of any petition provided by law shall be the books of current affdavits of registra- tion kept in the offce of the County Clerk of Alameda County for voters within this city. Sec. 19-16. At any time not later than twenty days before any election , and without reference to any pro- cedure provided therefor in the Elections Code, the Council may divide the City into election precincts and may change the boundaries of, create new, or consolidate establihed precincts. In the ordinance or ARTICLE XX Recall Sec. 20-1. The holder of any elective offce of this City may be recalled from offce at any time by the qualified electors thereof, provided he has held his offce for at least six months. The provisions of this article are intended to apply to offcials now in offce as well as to those hereafter elected. Sec. 20-2. Recall proceedings shall be instituted by filing with the City Clerk a notice of intention to cir- culate a petition for recall. Such notice shall be signed and duly acknowledged by three or more qualified electors of the City, and shall state the name of, and the offce held by, the person whose recall is sought the residence address of every person signing the same and shall further contain a general statement , not exceeding three hundred words in length , of the grounds on which the recall of such offcer is de- manded. Said statement , and the statement in the answer thereto hereinafter provided for, shall be intended solely for the information of the electors, and any in- suffciency in the form or substance thereof shall in no- wise afect the validity of such recall proceedings. Upon receipt and filing of said notice , the City Clerk must endorse thereon the date of such filing. Sec. 20-3. Within five days from the date of ffing of the notice of intention provided for in the next preceding section, a true copy of said notice shall beserved on the offcer whose recall is sought personally,or may be mailed in the City to him by registered mai addressed to such offcer at his last known place of residence in the City. If made by mail , service shalbe deemed complete at the time of the deposit in the post offce. Proof of service shall be made by affdavit of theperson making such service. Said affdavit shall state the date , place and manner of service , and shall befiled 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 offcer whose recall issought may file with the City Clerk a duly acknowl-edged answer setting forth in not exceeding three hun- dred words, such offcer s reply to the general statement contained in the notice of intention , or any other justi- fication of his course in offce. Upon receipt and filing of said answer the City Clerk shall endrose thereon the date of such filing. If such answer be not offered for filing within the time herein specified , the City Clerk shal refuse to file the same. The City Clerk must, if requested by any person who signed the notice of intention, give such person a cer- tified copy of such answer and, if none has been fied and the time for filing has expired, he must give such person his written certificate so stating. Sec. 20-5. A petition demanding the recall of an elective offcer of the City shall be addressed to the Council of the City of Alameda and shall state the name of and the offce held by, the person whose re- call 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 further contain a copy of the answer, if any, filed as provided in the next preceding section. If said offcer has not filied an an- swer within the time specified herein, then said petition shal so state. Such petition shall be signed by qualified electors of the City equal in number to at least thirty per centum (30%) of the total number of persons voting at the General Municipal Election next preceding the filing of such petition. A petition for recall may consist of several separate sections, and each such section may consist of several sheets of paper attached together; provided, however that each such separate section shall contain a full and accurate copy of the title and text of the petition. Sec. 20-6. Each signer of a recall petition shall add at the time of signing, and immediately opposite or following his signature, his residence address and the date of such signing. Such residence address shall in- clude the street and number, if either exists and if no street or number exists then such designation of the place of residence as wil enable the location to be readily ascertained. It shall not be necessary to in- clude in such addres words designating the City if the petition recites that the signers are residents of the City of Alameda. Signatures, addresses and datesmust be written in longhand and in ink or indeliblepencil. The commonly accepted abbreviations desig- nating the residence address and the date shall besuffcient. 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 separate section thereof if the same be in sections, an affdavit made by the person who circu- lated such petition or section, giving the residence ad- dress of the affant , stating that all signatures appear-ing 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 accord- ing to . his best information and belief each signature is the genuine signature of the person whose name purports to be thereunto subscribed. Sec. 20-8. A recall petition shall not be circulated for the purpose of obtaining signatures thereto until the expiration of the time limit for the filing of an answer, as specified in Section 20-4. Signatures af- fixed to such petition prior to such time shaH not be counted. Sec. 20-9. The signer of a recall petition may re- voke his signature at any time within forty-five daysfrom the date of fiing the notice of intention referred to in Section 20-2, by filing with the City Clerk a re- vocation in writing, signed by such signer and verified by an offcer competent to administer oaths , and there- upon the City Clerk shall cancel such signature. A re- vocation filed after the time herein specified shall not be valid or effcctive for any purpose. Sec. 20-10. Separate sections of any recall petition may be filed in the offce of the City Clerk from time to time as completed , provided that all sections com- prising such petition must be fied with the City Clerk not later than forty-five days after the date of filing of the notice of intention provided for in Section 20- 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 ascertain and determine whether or not said petition is signed by the requisite number of qualified electors and must forthwith fie in his offce and attach to such petition his certificate showing the result of such ex- amination. Sec. 20-12. If by the Clerk's certificate , the petition is shown to be insuffcient the same may be supple- mented 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 supple- mental petitions the City Clerk must make like ex- amination of the supplemental petition as of the orig- inal petition and must file in his offce his final certifi- cate showing the result of such examiation. 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 pel10n has signed such petition more than once , only the valid signature first affxed shall be counted. ( c) A person whose signature has been rejected on the original petition may sign again on the supplemental petition. (D) No revocation of any signature appearing on a supplemental petition shall be permitted. (E) The Clerk shall determine what number of qualified electors have signed a recall petition from the affdavits of registration on file in the offce of the County Clerk of Alameda County during the period such examination , and with respect to the purported sIgnature of any elector, from the affdavit of registra- tion current and in effect at the date of signing such petition. (F) The certificate of the Clerk required in the two sections next preceding must be dated as of the day of filing same. Such certificate, whether of the original or supplemental petition , must state the total number of signatures affxed on such petition , the num- ber of signatures revoked, the number of signatures rejected , the number of vald signatures thereon , and the number of persons who voted at the next preceding General Municipal Election. The certificate attached to a supplemental petitio in addition to the required data concerning such sup- plemental petition, must also contain the correspond- ing data relating to the original petition , as the same appears on the certificate attached thereto , and must state the aggregate number of valid signatures ap- pearing on the original and supplemental petition to- gether. ( G) At the time of his certification the City Clerk also must attach to such petition , and to each separate section , if the same be in sections, a statement in tabu- lated form and signed by him , showing the name of each person whose signature on such section was re- voked or rejected and the reason or reasons for each such rejection. On request of any person whose sig- nature appears on the notice of intention , or of the person or persons who filed the petition , the City Clerk must deliver to any such person a copy of all such statements, by him certified to be a true copy of the original , together with a certified copy of his certifi- cate. (H) All revocations , petitions , supplemental peti- tions , certificates , statements , notices and all other documents required in this article shall be public docu- ments and open to public inspection as soon as filed. Sec. 20-14. If the Clerk'certificate shall show that all the valid signatures on said petition , including those contained in the supplemental petition , are stil insuffcient , no further action shall be taken thereon but the petition and Clerk's certificate shall remain on file as a public record. The failure to secure suff- cient signatures on such petition shall be without preju- dice to the institution of new proceedings for recall and the filing of an entirely new petition to the same effect. 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 such services 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 supplemented , shall be found to be suffcient the Clerk must submit the same to the Council to- gether with his certificate thereto attached , at the next regular meeting of said Council occurring after the date of his certificate of such suffciency. The Coun- cil must forthwith cause a Special Municipal Election to be held within not less than thirty-five nor more than forty-five days after the date of callng such elec- tion , to determine whether the electors wil recall such offcer , and for the purpose of electing a successor. Should a General Municipal Election occur not morc 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 Coun- cil may, in its discretion , submit such recall at such Gen- eral Municipal Election. Sec. 20-17. One petition is suffcient to propose the recall of one or more elective offcials, and one election is competent for the recall and election of one or more elective offcers. Sec. 20-18. Nomination of candidates for any offce to be filled at such recall election shall be made by petition in the manner prescribed by this charter for the nomination of candidates for public offce at Gen- eral Municipal Elections. Sec. 20-19. There shall be printed on the recall ballot, as to every offcer 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) ?"; fol- lowing 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 stamp- ing a cross (X) his vote for or against such recall. On such ballots , under each such question , there shall also be printed the names of those persons who have been nominated as candidates to succeed the person recalled , in case he shall be recalled from offce by said recall election , but no vote shall be counted for any candidate for said offce unless the voter also voted on said question of the recall of the person sought tobe recalled from said offce. The name of the personagainst whom the petition is filed shall not appear on the ballot as a candidate for the offce. Sec: 20-20. The City Clerk shall cause to be printedand mailed to each elector of the City at least ten days prior to any recall election , a sample of the balot to be used at such election. Sec. 20-21. If a majority of those voting on the question of the recall of any offcer from offce shall vote "" said offcer shall continue in said offce. If a majority shall vote "Yes " said offcer shall there- upon be deemed removed from such offce. The Coun- cil shall canvass the returns of such election and de-clare the result in like manner as in a General Mu-nicipal Election. If the vote at any such recall elec-tion shall recall the offcer, then the candidate whohas received the highest number of votes for the of-fice shall be declared elected for the remainder of the term. In case the person who received the highest num- ber of votes shall fail to qualify within ten days after receiving the certificate of election , the offce shall bedeemed vacant. Sec. 20-22. Proceedings for the recall of any offcer shall be deemed pending from the date of the fiing of the notice of intention to circulate a petition for the recall of such offcer. Sec. 20-23, In the event that any offcer should re- sign while proceedings 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 person so appointed to fill such vacancy shall serve until the third Tuesday in April following the next General Municipal Election; provided , however that if a Special Municipal Election be called as here- inafter provided , then such appointee shall hold offce 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 suffcient 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 offcer thus resigned , which election shall be held not less than thirty-five days nor more than forty-five days after the callng of such election. In the event that the offcer whose recall is sought should resign his offce , or a vacancy occur in said offce, after a petition for his recall is filed , the elec- tion shall nevertheless proceed if already called as provided in Section 20-16. In such contingency the vote on the question of recall shall not be counted but the election shall serve for the purpose of elect- ing a successor. If at the time such resignation or va- cancy occurs the recall election has not been caled the Council must nevertheless forthwith call a Special Municipal Election to elect a successor to the offce thus left vacant, who shall serve for the balance of the unexpired term, and which election shall be held not less than thirty-five days nor more than forty-five days after the calling of such election. Sec. 20-24. All Special Municipal Elections for re- call or to fill any vacancy crcated by recall or by resig- nation pending recall proceedings shall be conducted as near as may be , as in this charter provided for Gen- eral Municipal Elections. Sec. 20-25. No person who has been recalled or who has resigned from offce while recall proceedings were pending against him shall be appointed to or becomea candidate for any City offce within one year after such resignation or recall. Sec. 20-26. The performance of the acts requiredby this article to be performed by the City Clerk, theCouncil, or any other offcer, is hereby declared to bemandatory on such offcers. The failure of any such offcer to perform any of said acts within the time herein specified shall not invalidate or termnate such proceedings but the time for the performance of any subsequent act shall be extended for a period equal to the period of delay. Sec. 20-27. This article shall be liberally construedto promote the objects thereof, and no error, omisionor irregularity not affecting the substantial rights of any citizen or public offcial shal ever be held to in- validate any proceedings taken under thi article where the requirements of this article have been substantially complied with. ARTICLE XXI Initiative and Referendum Sec. 21-1. The Initiative and Referendum may be exercised by the qualified electors of the City in the manner provided by general law. ARTICLE XXII Miscellaneous Sec. 22-1. No offcer or employee of the City shall: (A) Become financially interested , except by tes- tate or intestate succession , either directly or indirectly, in any contract or sale , purchase , lease or transfer of real or personal property to which the City is a party, or be employed by any public service corporation regu- lated 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 out- standing 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 information. A wilful violation of any of the foregoing provisions shall constitute misconduct. Sec. 22-2. Any contract or sale, purchase , lease or transfer of real or personal property to which the City is a party and in which any offcer or employee of the City is financially interested, directly or indirectly, ex- cept as provided in Scc. 22-1 (A), shall be voidable at the election of the Council. Sec. 22-3. Every offcer or employee who shall ap- prove, allow or pay any demand on the Treasury, knowing that the same is not authorized and legally due , shall be liable to the City individually and on his offcial bond for the amount of the demand so ilegally approved , allowed or paid. Sec. 22-4. Any person convicted of a felony or mis- conduct in offce 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 offce or position of employment in the service of the City. Sec. 22-5. All books , files and records of the City and of all boards and offcers thereof shall be open to public inspection during usual business hours , unless secrecy of the contents of such books , files and records is necessary in the public interest. Sec. 22-6. Copies or extracts of public records shall be given upon demand for the same and paying ten cents per folio of one hundred words for each copy or extract , and the adidtional sum of twenty-five cents for each certification. Sec. 22-7. Traveling expenses shall not exceed ac- tual cost of transportation , plus a reasonable per diem allowance, the latter to be fixed annually by the Coun- cil uniformy for all offcers and employees. Traveling expenses, except for routine duties , shall be allowed only if authorized by the Council. Sec. 22-8. All public offces , except where other- wise provided by law , shall be open for business every day, except holidays , from 9: 00 A.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 compensatio of elective offcers of the City shall not be increased or decreased during their respective terms of offce, 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 , dispose of and otherwise administer the same in accordance with the term thereof. Sec. 22-11. All real propert 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. Al ordinances , resolutions and orders in force at the time this charter takes effect shall so remai in full force and effect unless contrary to the provisions hereof , subject to repeal and amendment. Sec. 23-3. All offcers and employees of the City at the time this charter takes effect shall continue in offce for the remainder of their respective terms (if fixed) or until removed as herein provided (if for an indefinite term), subject to an 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, and all members of said Board elected in the year 1936 shall hold offce until June 30 , 1941. Of the vacancies occurring June 30 , 1939 , onc shall be succeeded to by the City Manager, one shan be filled by appoint- ment 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 Man- ager shall become ex-offcio a member of the Public Utiities Board wil full participating and voting power. Sec. 23-5. The Boards and members thereof named in the first column following shall be deemed to be the successors to the Boards and members thereof named in the second column following. All incum- bents and members of Boards in the second column at the time th charter takes effect shal immediately assume and continue to hold the successor offce for the remainder of their unexpired term. Board of Education , successor to Board of Education. Library Board , successor to Board of Library Trus- tees. Public Utilities Board , successor to Board of Public Utilities Commissioners. Social Service Board , successor to Board of Social Service. Sec. 23-6. The adoption of this charter shall not affect the court established by law and now existing in the City. INDEX ACCOUNTANT Section See Certified Public Accountant Auditor as .. . , . . . . . , . . , , . . . , . , . . . '. 4- ADVERTISING Bids, Calling for. . . . . . . , . , . . . . . . . . " 3-Bulletin in lieu of ., , .. . . . . . , " , . . . ,. 3-Offcial Newspaper, Council to designate 3-Publication of Ordinances. . . . , , . . . , .. 3-Public Utiltites Board.. ,.. . " , . . " . . 12-2 (B) ASSESSOR Auditor as ex-offcio. , . . . . . . . . , . . . . .. 2-Duties, Auditor to perform. , . . . , . '. , .. 4- AUDITOR Accountant for City. . , . , , . . . . . . . , , .. 4-Accounts, keeping. , . . . . . . , . . . . . . . . ,. 4-Bookkeeping system. . . , . . . . . . . . . . . .. 4-Certificate to Council. . , . . . . , . . . . , . " 4-Certificate to Treasurer. . . . . . . . . . . . .. 5-Contracts, endorsement.. '" ... .. .. '. 4-Counting money in treasury. .. .. .. ., . . 17-Custody of books.. . . . . . . . . . . . , . . . . '. 4-Demands, payment. . . . . . . . . . . , , . " " 4-Deputies and employees. . , . . . . . . . . . .. 4- Duties, . , , . . . . . . . . . . . . . . . . . . . . . . ,. 4-Elected . . " . , . , , . . . . . , . , , . , , . . . . ,. 2-Emergency Revolving Fund, ., .. . . , .. . 17-Ex-offcio Assessor, . . . . . . . . , . . . . . , . .. 2- Salary. , . . . . . . '. , . , . , . , . . . . . . . . . .. 2-Vacancy, deputy to fill .. '" '" ... "" 2-Warrants, payment.. .., '" '" ... "" 4- Pagll BIDS Section Expenditures over $1000 .. ... ., ., ..,. 3- Misleading bidders,. ... ... ...,.. ... . 22-(0) Offcial Newspaper. . . . . .. . . . . . . . . . ,. 3- Resident, preference.. . . . . . . . . .. . .. .. 3- BOARD OF EDUCATION See Boards Appointments. . , . . , . , , . . . . . , . . . . . . . 10- Budget. . . . . . . , . . . , . . . . . . , . , . . , . . . . 11- Established. . . . . , , . . . . . . . , . . . . . . . . , 10- General law applicable, , , . . . ., . . . . . . 11- Powers and duties., . . , .. , , . . . . . . .. . 11- Tax levy for School Fund. . , . , . . . . . . . 11- Terms of offce. . . , , . . . . . . , , . . . . . . . . 10- BOARDS 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. ,11- Civil Service Board , membership. . . . . . 10- Civil Service Board , powers and duties. .13- Compensation for positions under. . . . , . 10- Compensation of members. . . . , . . . . . . . 10- Councilmen as members. ., . . . , . . . . , ,. 3- Establishment of ,. , . , . . . . , . . . . . . . .. . 10- Gifts, power to accept,. ,.. ,..... ,.. . 22- Library Board , membership. .. .. ., ., . 10- Library Board, powers and duties. .. .. . 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- PogEl BOARDS-(Continuedj Section Publ c U ties Board, membership. . . .10-PublIc UtIltIes Board powers and duties. ,12-Removal of members. . . . . . . , , . , . . . , . 10-Rules, establishing.. , . . . . , . . . . . . . . . , 10-Soc al Serv ce Board , membership, . . . . . 10- SOCIal ServIce Board , powers and duties. .15-Successor boards. . . . . . . . , . , , . . . . , . , . 23-Vacancy, appointment., .,. . ,. . ., .. , . 10- BONDS rtified Public Accountant to examine., 3-7 (c)CIty Attorney to approve. . . , . . . . . . . .. 8-Council to fix ,. . . . , . . , , , , . , . , . . . . .. 3-7 (E)Offcial, failure to file. . , . . , . , , . , . . , " 2-Premiums paid by City .....,.,....... 3-7 (E) UnauthorIzed payments, liability on . .. .22- BOUNDARIES OF CITY. . . .. . . . ., . " " . . .. 1- BUDGET See Finance and Taxation 24- 24- 24- CERTIFIED PUBLIC ACCOUNTANT pensation .. . . , . . , . . , . , . , . . . . . " 3-7 ( c)DutIes. . . . , , . , , , , , , , , . . , , . . . . . . . " 3-(0)Power to administer oaths. . , ., . .. " " 2-Public Utilties Board reports.. ... '" . 12-4 (B) CHIEF OF FIRE DEPARTMENT See Fire Department Appointment and Removal, . , , , . . . . .. 2-, 7- CHARTER, Effective Date. , . . , . .. . . . . .. . . 23- CHIEF OF POLICE See Police Department Appointment and Removal.. ,. , , " ,.. 2-, 7-Legal process, execution., . ,. '" . .. '" 2- CITY ATTORNEY Appointment and Removal. . . , . . . . . .. 2-Bonds , approval, , . . . , . . , . . . . . , . . . " 8- Pagll 24- CITY ATTORNEY-(Continued) Section Compensation. . . . . . . . . . . .. . . . . . . . ., 2- Contracts, approval.. . . . . . . . . . . . . . .. 8- Deputies and employees... . . . . . . . . ., 8- Deputy to fill vacancy. . . . . . .. .. . .. ,. 2- Duties. . . , . . . . , . . . . . . . . . . . . . . . . . .. 8- Legal advisor for City. . . . . . . . . . , . . .. 8- Ordinances, drafting., . . . . . , , . . . . . .. 8- Qualifications.. . . . .. . . . . . . , . . . . . . .. 8- Special legal counsel. . . . , , . . , . . . . , . .. 8- CITY CLERK Appointment and Removal. . . , . . , . . . . Compensation.. . . . . . . . . , . . , . . . , . . . . Custody of contracts , etc. .. . . ' . . . . , . , . Deputies and employees.. . . . . . . , . . . . Deputy to fill vacancy. . . . . . . . . .. . . . . Duties, , . . . . , . . . . . . . , . . , . . . . . , . , , . Oaths, administering.. . . . . . , , . , . . . . . Ordinances, attesting. . . , , . , . . . . . . . . , Records of City, keeping. .. .. . . ., . , . . Secretary City Planning Board. . . . . . . . CITY ENGINEER Appointment and Removal. . . , . . . . , . . Duties, qualifications., . , . , . . , . . . . . . , Employees , discipline. , , . . . . . , . . . . . , . Street Superintendent , consolidation. , . . 1 (0) 1 (E) 1 (D) 1. (0) 1 (F 3 7- CITY MANAGER Absence or disability of ,. .,. . ., .. , ,.. 3-7 (H) Appointmcnt . . . . . . . , . . , , . , . . . , . , . " 2- Boards , investigating proceedings. . . . .. 7-2 (M) Budget, preparation.. . . . .. . . . . .. . . .. 7-2 (L) Budget, submitting. . . . . . .. . . , . . , . , . . 17- Chief Administrative Offcer. , . , . . . . .. 7- Chief of Fire Department, appointment. . 2-, 7- Chief of Police, appointment, , . .. , . . ., 2-, 7- City Engineer , appointment, .. . . . , . ... 2-3, 7- City Physician, appointment. . . . . .. . .. 2-, 7- Contracts, enforcement., ... . .. .., ... 7-2 (H) CITY MANAGER-(Continued) Section Counc!l meetings . attendance.. . " .. .. 7-2 (E) Countmg money m treasury.. ... ... . , 17- Emergency Revolving Fund. .. .. .. .. .17- Employees, appeal on discipline. .. .. ... 7- Employees, rules for. . . . . . . . . . . . . . . .. 7-2 (0) Fire Department, appointments in . .. .. 7-2 (K) Franchises, performance.. .., ... .., ... 7-2 (H) Full time, devoting. . . . . , .. . . . . . . .. .. 7-2 (N Golf Courses, supervision. . .. . . .. . .' ,. 7-2 (1) Health Offcer, appointment. .. . . . . . .. 2-, 7- Influencing or interfering with. . ... ... 7- Offcers and employees, supervision. . .. 7-2 ( 0 ) Parks, supervision.. . . . . .. . . . . .. . .. .. 7-2 (1) Pol!ce Department, appointments in . ... 7-2 (K) PolIce Secrct Fund. . . . . . . , . .. . . . .. . , 17- Policies, recommending to Council. .. .. 7-2 (F) Powers and duties. . . . . . . . . . . . .. . .. .. 7- Public property, supervision. . . . . ... .. 7-2 (1) Public Utiltites Board, member. .. .. .. .10-3 23- Purchasing Agent.. .., ... . . . ... ... ., 7-' (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 Page 34- Appointment and Removal. . . . . . . . . . . Duties, qualifications.. . . . . . , , . . , . . , . Employees , discipline. . . . . . . . . . . . . . . . Health Offcer, consolidation. . . . . . .. . . , 7- CITY PLANNING BOARD See Boards Appointments.. ... ... '" ... ... ... . . 10- City Clerk as Secretar.. ... ,.. ...... 9-1 (F) Established. . . .. .. . . . . ... . .. ... .. . . 10- Membership, terms.. .. . . .. .. .. .. . .. . 10- Powers and duties. . ... .., ... ... ... . . 14- Page CIVIL SERVICE BOARD Section 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 Presentation and Allowance. . . . . . , , , .. 4-- CONTRACTS Auditor to endorse. . . . . . . . . . . . . . . . . , 4-- City Attorney to approve. . . . , . . . . . . .. 8- Custody City Clerk.. .. . .. . .. . .. . ... 9-1 (c) Enforce ent by City Manager ., ... .. .' 7-2 (H) Financial interest of employees.. ... ,. . 22- Letting, on bids.. ... ... ... ... ... ... 3- Public Utilities Board, purchases. . . . . . 12 -1 ( c Public Utilties Board, construction., " .12-3 (B) Written, when required. . .. . ... . . . . ,. 3- COUNCIL Action how taken,. . . . , . . . . . . . . . . .. 3- Action; vote required. . . , . . . . , . , . . . .. 3- Bids awarding contract. . . , . . . . . . . . .. 3- Boa(ds , appointments. . . .. . .. . . . . . . . . 10- Boards, removal of members. . , , . . . , , , 10- Bonds fixing...................... 3-7 (E) Budge't adopting..........,....... .17- Bullctirt in lieu of advertising. . . .. . . . .. 3- Cash Basis Fund . . . , . . . . . .. . ... .. . . . , 17- City Attorney, appointment. . . . . . . . . .. 2- City Clerk, appointmcnt .. . .. .. . ... ... 2- City Manager, appointment . : . ... ... ... 2-2, 7- City Manager, to attend meetmgs . .. .., 7-2 (E) Poglt 24- 34- COUNCIL-(Continued) Section Civil Service Systcm .. . . . . . . . . . . . . ,. .13- Compensation of Councilmen. . . . . . . " 2- Councilmen, number.. . . . . . . . . . . . . .. 2- Demands, allowance. . . . . . . . . . . . . . . .. 4-Duties. . . . . . , . , . . . . . . . . , .. . . . . . . .. 3- Emergency, declaration of . , , ,. " ., .,. 6- Emergency ordinances .. ... ... . .. " " 3- Emergency Revolving Fund.. ... ... . .17- Employment , establishing positions of .. 3-7 (G) Franchises, granting.. " . . . . . . . . . . .. . 18- Gifts , power to accept. . .. . .. . . . . . . . . . 22- Initiative and Referendum. , . . . . . , . . " 3- Investigations by City Manager. .... .. 7-2 (G) Leasing for more than one year, ,. '. " . 3- Library Fund, budget.. ... ... ... .., . . 16- Mayor, appointment. . . . . . . . . . . , . . . .. 2-Mayor pro tem .. , , . , . . , . . . . . , . . . . " 6- Mayor, vacancy.. ... ... ... ,.. ... ... 6-Meetings.. .. . . .. .. . .. . .. .. .. .. . ... 3-7 (B) Meetings, Mayor to preside. . . . . , . . . .. 6- Motions , action by ....... . .. .. .. . ... 3- Offces, establishing .. ...,.,......... 7 (G)Offcial Newspaper, designating.. . .. " 3- Ordinances , passage.. ... ... . . .. .. . ... 3- Organization. . . .. . . . .. . . . . . . . . .. ... 3-7 (A) Pension system , establishing. . . . . . . , . ,. 3-7 (I) Police Secret Fund .. ... ... ... ..... .. 17- Powers. . . . . . . . . . . . . . . . . . . . . . . . . . .. 3- Powers and dutics, conferring on Boards and offcers. . . . . . . . . . . . .. .. 3-Public Utilties Board , appointments, . .10-Public Utilities Board, borrowing., ., . .12-3 (E)Removal of appointed offcers. .. . . .. .. 2-Resolutions , action by . . . . . , . . . . . . . . .. 3- Salaries and Wages, fiing.. ... ... .... 3-7 (G)Social Service Board , appointments . . ..10- Special legal counsel.. .. . . .. . .. .. ,.. 8- Special meetings .. ... ... .. .. .., '"'' 3-7 (B) Tax Rate, failure to fi .. .. .. ... . . . . 17- Tax Rate , fiing . . . . . . . .. . . . . . .. . . . 17-4-, 17- Page COUNCIl-(Conlinued) Section Traveling expenses , fiing., ... . ., ... . 22- Vacancies, how filled.. . .. .. .. .. . .... 2- Vacations , providing for.. ... ... ... .. 3-7 (D) COUNCILMEN Absence creating vacancy. . . . . . . . . . .. 3- Attendance , compellng. . . . . . . . . . . ... 3- City Manager, influencing. . .. . . .. . ... 7- Special meetings , calling., .., ... ... .. 3-7 (B) Vacancy, how filled.. .. . . . .. . . . .., .. 2- COURTS, Unaffected by Charter. . . . . . . . . . . 23- DAY NURSERIES, Supervision. . . . . , . . . . .. . 15-1 (D) DEMANDS, Presentation and Allowance. . .. 4- ELECTIONS Candidates elected.. ... ... ... .., ... . 19- Candidates , listing. . . .. . .. .. . . . . . . , , 19- Canvassing returns.. ,., .., ... ... ... . 19- Death of candidate.. . . . . . . .. . . . . . . . . 19- General law applicable.. .. .. ... ... . . 19- General , when held.. . . . . . . . .. . . . .. . 19- Kinds.. ... ... ... ... .... .... .. .. ., . 19- Nominating petitions.. .. . . .. .. . .. .. . 19- Nominating petitions , filing... .. . ... . .19- Offcers of election. . . . . . . . . . , . . . . . . . 19- Pollng places , designating. . . . . . . . . . . . 19- Precincts , consolidating. . . . . . . . . . . . . . 19- Precincts, establishing,. ... ... ... ... . 19- Proclamation. . ... . " , .. . .. . .. .., .. . 19- Proclamation , special election. . . . . . . . . 19- Recall , see Recall Registration , necessity of .. . . . . . . . . , . . 19- Special , calling .. ... .. . . .. .. . .. .. . . . 19- Statement of candidate., ..' ... , .. .. . 19- Tie vote. . . . . . .. . . . . . . . . . .. . . . . . . . . 19- Withdrawal from nomination. . . . , . . , , 19- PagG EMPLOYEES Section Civil Service System.. .. . .. . . .. . ,. , .13-ing in offce. . . . . . . . . . . . . . .. . 23- DIsClplme, appeal. . . . . . . . . . . . . . . . . .. 7- lony feiting employment.. ... ... . 22-ancIal mterest .. .. . .. . . . . . .. '" .. 22-1 (A) MIsc :mduct .. .,. ... '" ... .., '" ... . 22- Pen lOn system for.. . . . . .. . . . .. . .... 3-7 (1) ResIdence. . . . . . . , . . . . . . . . . , . . . . ... 2-Trave expenses. . . . . . . . . . . . . . . . . .. .22-VacatIons.. ... ...... ... .. ... ... ... 3-7 (D)Unauthorized payments.. . . . . . . . . . .. . 22- EMPLOYMENT BUREAUS, Supervision. ... .. . 15-1 (D) FINANCE AND TAXATION Auditor, charge of finances. . . .. . . . ... 4- Budget, Board of Education. . . .. . . . .. .11-Budget, City Manager to submit .. .. . . . 17- udget, C;oun ci1to adopt. . .. . ... . .. . . 17-ash BasIs Fund .. .. . .. . . . . . ... .. . , . 17- Counting Money in Treasury.. ... '" . . 17-Dollar Limit ... ... .. ... .. . ... ... ... .. . 17- Emergency Revolving Fund.. ... ... .. .17-Estimatesofdcpartments .. ... .. .. . ... 17-es of Offcers.. ... .... ... ... ... .. .. 17- FIscal year .. ... ... .., ... ... ... '" ..17-General Fund , transfers by PublicUtilities Board,. ............... . 12-General law applicable. . ,. . . . . " . .. . . 17- Police Secret Fund.. ... '" ... ... ... . 17- School Fund , levy for.. ... ... ... . .. .. 11-Tax rate , Council to fi ... '" .. . . . . . . 17-4 17-Tax rate, failure to fi .. ... " . ... ... . 17- Treasury, depositing funds in ........ .17- FIRE DEPARTMENT Appointments in , City Manager. . . . . . . le.f, ppointment removal ... ... ... . ne of members by Chief. . . . . . . . DIscIplme of members by City Manager. . 7 -2 (K) 3, 7- 2 (c) Pogo FIRE DEPARTMENT-(Continued) , Section Dismissal, appeal. '. . . . . . . . . . . . . . . . . . 13-Emergency, Mayor to command.. '" .. 6- FISCAL YEAR. . . . . , ., ... ... . , . . .. . . . .. . 17- FRANCHISES Conditions. . ... . . . . .. . . . . . .. .. . .. . . 18- Granting, by ordinance.. ... '" ... ... 3-Terms ,.,..,...................... 18-Violations, City Manager to report.. '" 7-2 (H) GENERAL FUND Transfers to public Utilties Board. .. .12- GENERAL LAW, When applicable. .. .. .. ... 1- GOLF COURSE City Manager to supervise.. . .. . .. . ... 7-(1) HEALTH DEPARTMENT Employees, discipline of "'" 7-Health Offcer, appointment.. " . .. . .. 7- HEALTH OFFICER Appointm t and Ren:ova .. ... .. .. . , City PhysIcIan, ConsolrdatlOn .. . . . . , . , Powers and duties. . . " . . . . . . . . . . . . . . Qualifications. , , . . . . . . . . . . . . . . , . , . . , 7- INITATIVE General law applicable.. '" .. .. ... .. . 21- Submission by Council. . . . . . . , . . . . . .. 3- LEASES Custody, City Clerk. . . . . . . . . . . . .. ... 9-(0)Longer than one year.. . . . . .. '" . . .. 3-Public Utilities Board.. ... ... ... ... . 12-(0) LIBRARY BOARD See Boards Appointments. . .. . . .. . . . . .. '" '" . . 10-Budget. . . . . . . . . . . . . . . . . . . . . . . . . . . . 16- PagEl LIBRARY BOARD-(Continued) SectionEstablished. . .. . . . . . . . .. . , .. . .. . .. . 10-Fines, gifts, etc. " . . . . . . . . . . . . . . . . . . . 16-Library Fund created. . . . . .. . . , . , . . . . 16-1 (B)Library system, control. . . . . . . . . .. . " , 16-1 (A)Membership, terms. . . . . . . . . , . . . . . . . . 10-Non-resident privileges. . . .. . " . .. " . . 16-1 (E)Powers. . . . . . " . . . . " ... " , . . , . .. . . 16-Purchases . , . . . . , . . . . . . . . . . . . . . . . . . 16-1 (D)Rules and regulations.. .. '" '" '.. . . 16-(0) PagEl MAYOR Absence, Vice-President to act. . . . . ... 6-Appointment . , . . . . . . . . . . . . . . . . . . " 2-Boards , nominations. . . . . . . . . " .. . . . . 10-Compensation. . . . . . . . . . . . . . . . . . . . .. 2-Council meetings, presiding. . . . . . . . . .. 6-Counting money in treasury.. . . . . . . . . 17-Election proclamation. . . . . .. . " . . . , .19-Funds for use of " . . . . . . . . . . . . . . . . " 6-Offcial head of City.. '" . , . . .. . .. ... 6-Proclamation , government by .. . . . , . .. 6-Public Utilities Board , nominations. .. 10-Removal. . . , . " . . . . . . ... . . . . . . . . . .. 2-Social Service Board , nominations . , . . .10-Special election , Proclamation . . . . . . . . 19-Special meetings , calling .. ... '" '" " 3-7 (B)Vacancy, how filled. . ,. . . . . . .. . . . , " 6- MUNICIPAL AFFAIRS, Power over.. ... '" " 1- OATH OF OFFICE Council to prescribe. . . . . . . . . . . . . . . . , Failure to take, . . . . . . . . . . . , . . . . . . . . . Filing with Clerk. . . . . . . . . . . . . . . . . . . OATHS City Clerk to administer, . . . . . . . . . . .. 9-1 (D)Who may administer. . , . . '" '" . . . .. 2- OFFICERS Absent from City. . . . . . . . . . . . . . . . . .. 2-Appointed by City Manager. . . . . . . . " 2- 7 (F) 7 (F) OFFICERS-(Continued) Sedion Appointed by Council. . . . . . . . , , . . . .. 2- Assessor , Auditor ex-offcio. . . . . . . . . .. 2- Auditor, elective. . , .. "'." 2- Bonds .. ...... .... ... ... ...... .... 3-7 (E) Bonds , failure to file. . . . , . . , . . . . . . .. 2- Budgct submitting.. . . . . . . .. . . . . .. . . 17- Chief C:f Fire Department, appointment.. 2-, 7- Chief of Police, appointment.. . .. . . . ' ' 2-, 7- City Attorney, appointment.. " . . . . .. 2- City Clerk, appointment. . . . . , . . . . . .. 2- City Engineer , appointment.. . . . . . . .. 2-, 7- City Manager , appointment.. . . . , . . ., 2- City Physician , appointment.. . ., . .. .. 2-, 7- Compensation. . . . . . . , . . . . . . . . . . . . .. 2-4 Compensation , increase and decrease. . . .22- Continuing in offce. . . . . . . . . . . , . . . . . 23- Councilmen , elected. . ., . . . , . . . . . . ... 2- Deputies as " . . . . . . .., . . . .. . . .. , . .. 2- Elective , term. , . . . . . . . . . . . . . . , . . . ., 2- Elective , who are. . . . . . . . , .. . , . , , . .. 2- Fees , proper!y: of City. . . , . . . . . . . . . . . 17- Felony, forfeItmg offce.. , . . . . . . . . . . . . 22- Financial interest. . . .. . . , . .. . , , . . , . . 22-1 (A) Fire Chief, appointment. . . . . . . . , . . ., 2- Health Offcer , appointment. . . . . . . , .. 2- Ineligibility. , . . . . . . . . . . . . . . . . . , . . .. 2- Mayor , appointment,..., . . . . . . . . . .. 2- Misconduct. , . , . . . , . .. . . . .. . . .. . . , . 22- Oath of offce , failure to take. . . . . . . ,. 2- Oath of offce , filing.. . . . . . . .. .. .... 3-7 (F) Oaths, power to administer. . ... .,. ... 2- Pension system for. . . .. . . . . . . . . . , , . .. 3-7 (r) Recall , see Recall Recalled , holding offce. . . . . . . . . . . . . . 20- Removal. , , , . , . . , , , . , . . . . . . , . . . . .. 2- Residence. . . . . . . . , , . . . . . . , . . . . . . .. 2- Street Superintendent, appointment.. .. 2-, 7- Tax Collector, Treasurer ex-offcio, . , .. 2- Traveling expenses.. ... ... ... ... ... . 22- Treasurer, elective. . . . . . . . . . . . . . . . .. 2- Unauthorized payments , liability for. . , .22- Page OFFICERS-(Continued) Section Vacancies, how filed.. . .. . . . . . . . . ... 2- Vacations ......................... 3-7 (D)Who are. . . .. . .. . . .. ... . . . . . , . " .. 2- OFFICES Business hours..... . . . . . . . . . , . . . . . . 22-Deputy to fill vacancy.. .. . . . . . . . " .. 2-Recalled offcer not to hold. . , . . . . . . . . 20-Vacancy, election of successor. . ... .. ,. 2- Vacancy, fillng.. '" '" . .. . . . . , . . .. 2-When vacant. . . . . . . . .. . . . . . . . . . . . " 2- OFFICIAL NEWSPAPER See Advertising Council to designate ORDINANCES Action of Council by Amendment . . . . . . . .. .., ... ... '" .. 3- .. ... ... .. ......... to electorate.. . . . . . . . . . . . necessary.. ... ... ... '" ...... 3- PARKS City Manager to supervise. . . . . . . . . . . . PENSION SYSTEM Council to establish. . . . . . . . . . . . .. . POLICE DEPARTMENT Appointments in, City Manager .. . . . . Chief, appointment, removal. . . . . . . . . . Discipline of members by Chief .. ... . . . Discipline of members by City Manager. . 2 (x) 7 (x) 2 (K) , 7- 2 (0) Page POLICE DEPARTMEiIT-(Cont;nued) Section Dismissal, appeal ................... 13- Emergency, Mayor to command. .. .. .. 6- Police Secret Fund.. . .. . .. . . . .. . . . . . 17- POWERS Conferring by Council. . . . . . . . . . . . . .. 3- Home Rule. . . . . . . . , . . . . . . . . . . . .. .. 1- Municipal Affairs. . . . . . . . . . . . . . . . . .. 1- Of City. , . . . . . . . , . . . . , . . . . . . . . . . ., 1- Vested in Council.. . . . . . . . . . ... . .. .. 3- PUBLIC PROPERTY City Manager to supervise.. ... . .. ... 7-2 (1) PUBLIC UTILIIES BOARD See Boards Advertising.. . . .. .. . .. .. .. .. .. . .. .. 12-2 (B) Appointments.. . , . .., . .. . .. ... . .. . . 10- Borrowing money.. ... .., ... .., ... . . 12-3 (E) Budget, adopting.. ... ... .., ... .., . , 12-4 (D) City Manager as Member. . .. . .. . .. . . 10- City Manager ex-offcio member. . . . . . .23- Construction work.. .. . .. . . .. .. . .. .. 12-3 (B) Contracts " ... ... ... ... ... ... ... ., 12-(0) Duties. . . . . .. . . . . . . . . . . . . . . . . . , . . . 12- Earnings, disposition.. . .. . . . . .. . . . . . 12- Employees , control over.. ... ... .., .. . 12-3 (D) Engineer as member. . . .. . . . . . . . " .. . 10-7 (A) Established. . . . . . ., . . . . . . . . . . . . . . . . 10- General Fund , transfers to .. . . . .. . . . . . 12- Membership, terms.. . . . . . . . . . . . . . . . . 10- Powers.. ... ." ... .,. ... ... .. .. . . . . 12- Powers without competitive bids.. ... . . 12- Purchases .. ... ... ... . .. ... ... .. .. . 12-(0) Rates, fixing.. ... ... . .. . .. ... . ,. .. . 12-(0) Real property, acquisition, . . . . . . . , . . . 12-(0) Records. . . . . . .. . .. . .. . .. ... ... .. . . 12-4 (A) Reports to Council.. .. . .. . .. . .. . . .. . 12-4 (B) Reserve for contingencies. , . .. .... . . . . 12- Reserves investment.....,.......... .12-3 (F) Revolving fund , purchases.. ... ... ... . 12-2 (D) Page PUBLIC UTILITES BOARD-(Continued) Sedion Sale obsolete property. . . .. . . . .. . . . . . 12-3 (A)tore room. sys tem ..... . . , . . . . . . . . . . 12-(0)e:I?, eXpIratIOn. . . . . . . , . . . . . . . . . . .23-, contr l and management. .. . .12-1 (A) UtIlIties, engagmg in .. .., ... ... . .. . . 12- PUBLIC WORK Council may do .. ,.. ... ... ... . .. '" . mergency "'" . 3- Over $1000 , bids.. .. . . . . . , . . : : : : : :: 3-Preference for residents. . . . . . . . . . . . .. 3- PURCHASES City Manager Purchasing Agent. . . . . . . pen market.. . . . .. . . . , . . , . . . . . , Over $1000 , bids.. .. . . .. . ,. . . , . ... Preference for residents. . . . . . . Public Utilities Board .. Page REAL Public RECALL Answer of offcer. . . . . . . . . . . . . . . . . . . . 20- Ballot, form of .. '" ... ... .. .. ... ... . 20- Can1:assing returns , results. . . . . . . . . . . .20- Cert ficate of election.. . . . . . . . . . . . . . 20-Cert ficate !o petition, . . . . .. . . . . . . . . . 20- Clenca1asslstance.. ,.. ... .... ... ... . 20-General provisions. . . . . . . . . . , . , , . . . . 20- New ,pet tions ......., . . . .. . .. . . . . . . 20- matron of candidates........ '" .20-NotIce of Intention. . .. . . .. .. . . .. .. .20-Notice of Intention, service of .. ... ... .20- Offce, holding after recall. . . . . . . . . . . . 20- rs subject to ................. .20-PetItIon , affdavIt of circular. . . . . . . . . . 20- RECALI-(Continuec) Section Petition, circulation. . . . . . . . . . . . . . .. . 20- Petition, contents.. . . . ,. . . . . . . . . . . . . 20- Petition examination.. ... .. ... ... ,. . 20- Petition , filing. . . .. . .. .. . . . . . . . .. .. . 20- Pctition , scparate scctions ..... . . . . . . . 20- Petition , signing. . . . . . . . . . . . . . . . . . . . 20- Proceedings mandatory.. . . . . . . . . . .. , 20- Proceedings , when pending. . . . . . . . .. . 20- Provisions liberally construed. . . . . . . . . 20- Qualifications on election.. . . . . . . . . . . 20- Recall and election of successor at same time. . . . . . . . . . . . . . . . . . . . . . . 20- Resignation of offcer. . , . . . . . . . . . . . . . 20- Sample ballot , mailng. . . . . . . . . . . . . . , 20- Signature, revocatiop of .. . . . . . . . . . , . 20- Special election , conduct. . . . . . . , . . . . . 20- Special election , Council to call. .. .. , . 20- Supplemental petitions.. ... ... ... ... . 20- RECORDS Copies. . . . , . . . . .. . . . .. . . .. . . . . . . , . 22- Inspection. . . . . , . . . . . . . . . . . . . . . . . . . 22- REFERENDUM General law applicable.. ... . . . . . . " . 21- Submission by Council. . . . . . , . . . . . . ., 3- RESOLUTIONS Action of Council by .. . . . . . . . . . . . . ,. 3" SCHOOLS See Board of Education SOCIAL SERVICE BOARD See Boards Appointments.. . .. . . . .. . . .. .. . . . .. . 10- Charitable organizations, investigation. .15-1 (A) Day Nurseries , supervision. . . . . . .. . . . .15-1 (D) Employment Bureaus, supervision. .. . .15cl (D) Established. . . .. .. . .. . . .. . .. . .. .. . . 10- Membership, terms. . . . . . . . . . . . . . . .. . 10- Powers.. . . . .. . . . .. . . ... ... ... .. .. . 15- I'agll SUPERINTENDENT OF STREETS Appointment and removal City Engineer , conso1idatio : :: :: :: :: : Employees, d!sc!pline by City Manager. . Employees , dIscIpline by Superintendent. Sedion , 7- 2 (0) TAXTION See Finance and Taxation TAX COLLECTOR Trei:surer as .. . . . .. . . . . . . , . .. . . . '" 2-DutIes , Treasurer to perform. . . . . . . . .. 5- TREASURER l'ag8 UTILIIES, Engagingin ... .. . .. . .. . See Public Utilities Board VACATIONS Council to fi .. ... .... ... ... ........ 7 (D) WARRANTS Payment of money upon. . . . . . . . . . . .. 5-When drawn. . . . . . . . . . . . . . . . . . . . . ., 4- ZONING City Planning Board. . . . . . .. . .. ... .. . 14-