º - *— City and County of Alameda PREPARED AND PROPOSED BY THE BOARD OF FEEEHOLDERS ºgºń fººt, ARºy 3, 1931. IN ºf RSUANCE OF SECTION 7% A, ARTICLE XI, OF THE CONSTITU- TION OF CA iſ FORNiA. SUMMARY OF CHARTER * PROV is iONS The general features of the proposed charter are as follows: . The consolidation of city and county functions, so far as feasible, enabling such fundamental matters as education, health, hospitals, tice, the regulation, acquisition and construction of public utilities, such as water supply and transporta- ºtion, and the development and in- provement of the waterfront and waterways to be handled as a unit for the benefit of the entire existing county. In other words, the charter presents a governmental organization that will permit the economic and so- cial development of the area in ac- £ordance with its natural resources and commanding geographical position, 2-2. The unification within the nietro- olitan area in the county of police, re, maintenance and lighting of streets, and the administration of li- braries, parks and playgrounds. The expense of these peculiarly municipal purposes is to be borne by the urban part of the community affected. ºreater efficiency and economy is pro- moted by this unification of functions d elimination of duplications. 3. The borough form of govern- ment preserves to existing cities im- ortant powers in relation to improve- #nent and opening of streets, creation of residential zones, participation in the making of the budget and the levy of special taxes desired by any borough for matters not covered in the general budget. --- 4. The boroughs lying opposite the metropolitan area retain unimpaired their local government. - - The legislative department of the city and county, the Metropolitan £ouncil, is made up of representatives from subdivisions of the county, which is divided into seven districts for this purpose. Councilmen are elected by their respective districts as in the case ºf representatives in Congress or mem- bers of the Legislature, and are subject to recall by the districts which elected them. Power is thus closely reserved tº the people: 6. Taegislative and administrative powers are separated, although no ap- propriations may be made or money's spent without the approval of the Met- rºpolitan Council. This promotes effi- **tency and avoids friction and discord between the two departments. 7. Administrative functions of gov- ernment, with the exception of certain functions exercised by elective officialis, such as the Auditor and the Assessor, #ife carried glit through a Manager who *f; appointed by and removable at the pleasure of the Council. The Manager appoints aſ appointive officials of the City and courity, with a very few hee- essary exceptions. He, in turn, has pºei to remove afty official selected by him, and #6 inémber of the Cºuri- ºf may under penalty of forfeiture ºf ºffice, intejº directly or indir &#y. With the Miº's powers of an ºf: is centralized. jus-ſº ment or removal. Entire responsibility for administra- tion is thus ceñterd in the Manager, while entire responsibility, for legisla- tion in general gºtºs is centered in the Metropolitanº Council. The Man- ager, being subject to the inamediate control of the Council, is under the control of the people through their rep- resentatives. The Manager plan is in force in many cities and follows close- ly the plan of organization of private business, where responsibility always Public opinion is di- rected upon those really responsible for the efficient functioning of government, and not, as in come forms of govern- ºt. upon those nominally responsi- e. - - - 8. The charter provisions securing economies in the cost of government include the adoption of the budget sys- tem, which limits expenditures to those fixed annually in a budget prepared by the Manager and adopted by the Coun- cil; the centralization of all purchas- ing power in one agency, the Purchas- ing Agent, by whom all supplies are to be bought for all departments and of- fices in the city and county; the elim- ination of duplicate offices and func= tions in the various cities and in the county, such as assessors, tax collect- ors, treasurers, city attorneys, super- intendents of schools, police and fire chiefs, by combination into central of fices; and, finally, the power conferred upon the Metropolitan Council further to combine departments, as needs may develop, so as to promote greater effi- ciency. These provisions are merely the adoption of ordinary business princi- ples with respect to government. 9. The charter contains modern im- provements made in municipal govern- ment, such as: The initiative, referen- dum and recall (which, in this charter, is purely a recall, and not a new elec- tion at the same time), sound and workable civil service provisions, im- provements in conducting elections and morninations designed to secure a bet- ter expression of the public will, an ef- fective organization of welfare agen- cies, hospitals, public sanitation and health, a women’s division in the police department, suitable pension provi- sions for employees of the city and county, a modern municipal court, ma- chinery for the acquisition and con- struction of public utilities, and provi- sions respecting public service fran- chises designed to secure the more ef- ficient administration of existing public utilities. 10. The expenses of government are equitably distributed by taxation. The expenses proper to the whole city and county are taxed upon the whole terri- tory embraced therein, and those proper to the urban part upon the area covered thereby, while ºptirely local ex- penses, such as those of the govern- ment of the smaller cities, are imposed tipon focal areas, Road taxes in uniº: corporated territory are provided for, with relief in certain contingencies from the central govertiºnefit. The schools are prºvided for, as at present, by generał and Höcal taxation. In short, white leaving to jocal sub- divisions, districts and existing cities fnºthe County of Alameda suitable pºwers ºf lºcal government, the chair- ter proposes a frånte work that wiłł al- low this cºmunity to develop its rat- cities. CHARTER OF THE CITY AND COUNTY OF A LAM EDA MAME AND BOUNDARLES ... Sec. 1. The County of Alameda, as its boundaries are described in Section 3953 of the Political Code of the State of California, and the several munici- palities therein, are hereby merged and consolidated into one ºunicipal gov- ernment, and the inhabitants thereof shall be a body politic and corporate. The name of said consolidated city, and County government shall be the City and County of Alameda, provided that this charter be adopted over the entire County of Alameda. But if said chair- ter be adopted only over a lesser area than the entire County of Alameda then the name of the consolidated city and county government herein pro- vided for shall be the City and County of Oakland. Such city and county shall have perpetual successiºn, may sue and be sued, and have a corporate seal. POWERs Sec. 2. The city and county shall have and is hereby granted the author- ity to exercise all rights and powers re- lating to municipal affairs, and all rights and powers which are now or may be hereafter conferred upon coun- ties, cities, cities and counties, muni- cipal or utility districts, by the Consti- tution and laws of the State of Cali- fornia, and shall have stºch other rights and powers appropriate to a county, city, city and county, minicipal or util- ity district, as are not specifically, pro- hibited by the Constitution of the State of California, subject only to the restrictions and imitations contained in this charter; and it shall have and is hereby granted the authority to make and enforce all laws and regular tions in the exercise of said powers. The enumeration of particular pow- ers by this charter shall not be held or deemed to be exclusive, but, in ad- dition to the powers enumerated herº- in, implied thereby or appropriate tº the exercise thereof, the city, and county shall have, and may exercise ałł other powers which how are conferred or which hereafter it would be cºmpe- tent for this charter specifically to enumerate, º º: - cREATION of Vie'ſ RC POLITAN -- COUNC++. - Sec. 3. There is hereby greated a Metropolitan Council which shałł have full power and authority, except as herein otherwise prºvided, to exercise ałł powers conferred tºpon the city and county, including all pºwers and duties now or hereafter conferred or imposed by law upon boards of supervisors. coſyſ Fostºrio N or METROPOLITAN Cotijºvic Lº - Sec. 4: The Metropºſitän Council shall gonsist of seven councilºren, who shall be elected by districts. The eouncil- men first elected from Districts 1, 3, and 5, as said districts are bounded and described in Section 5 of this charter, shałi hold office until 12 o'clºck noon on the first Monday after the first day of January, 1925, and the councilmen first elected from Districts 2, 4, 6, and 7, as the said districts are bounded and described in Section 5 of this charter, shall hold office until 12 o'clock noon on the first Monday after the first day of January, 1927. There- after, as the terms of the councilmºn expire, their successor's shałłº be elected fºr terths ºf four years and shall hold tºtal heritage as one of those popticºs of the earth's sºrºfº. esigned by na fºre tº be on- º º: - ºnºs gºa º office itritil their successors shali hāva been eactº nº ºne ited ------ -tº- º º and shall; COUNCIL, DISTRICTS Sec. 5. For the purpose of the elec- tion of councilmen, the city and county is hereby divided into seven districts, as follows: Council District No. 1 shali consist of all that portion of the city and county bounded on the North by the boundary. line between the city and county and Contra Costa county on the West by the boundary line between the city and ºunty and the City and County of San Francisco; and on the South and East by a liné described as follows: com: ºnencing at a point on the boundary line between the city and county and the City and County of San Francisco Where the same is intersected by the Hirect extension Westerly of the center fine ºf Fºlger Avenue; thence Easterly along said direct extension of said cen: ter line of Folger Avenue, and along the genter line of Folger Avenue to the cen: Her line of San Pablo Avenue; thence Southerly along said center line of San Pablo Avenue to the center line 9f Alcatraz Avenue; thence East- erly along the center line of Aica- traz Avenue to the center line of Shat- tuck Avenue; thence Northerly along the center line of Amador Avenue; thence in a general Northerly direction along the center line of Amador Ave. nue and its direct extension North- Westerty to the center line of Sutter Street; thence Northerly along the cem- ter-line of Sutter Street and its direct extension Northerly to an intersection with the direct extension Southwesterly of the center line of I)el Norte Street: thence Northeasterly along the last said direct extension and along the center line of Del Norte Street and continuing Northwesterly along said center line and, along its direct extension North- Westerly to the center line of Arlington Avenue; thence Northerly along the center line of Arlington Avenue to the boundary line between the city and County and Contra Costa county. Council District No. 2 shah consist of all that portion of the city and county bounded on the North, North- east and East by the boundary line be- tween the city and county and Corºra Costa County; and on the West and South by a line described as follows: commemºing at the intersection of the geºter line of Arlington Avenue with the boundary line between the city and county and Contra Costa county; thence in a general Southerly direction along the center line of Arlington Avenue to the direct extension North- Westerly of the center line of Del Norte Street; thence Southeasterly along said direct extensiºn and along said center time of Del Norte Street and contin- iſing Southwesterly along said center line to an intersection with the direct extension Northerly of the center line of Sutter Street; thence Southerly along said direct extension and along the genter line of Sutter Street to an inter- section with the direct extension North- Westerly of the center line of Amador Street; thence Southerly along said ex- tension and along said center line of Amador Street to the center line of Shattuck Avenue; thence sº along the center line of Shattuck Ave. nue to the center line of Alcatraz Ave- nue; thenge Easterly along the center line of Alicatraz Avenue to the center line of College Avenue; thence South- ºrly along the center line of Coil Avenue to the direct extension º erly of the center line of Florio Street: tiºce Eastery along said extensiºn street to the the center line of Shattuck Avenue to center line of Ross Street; thence Southeasterly along º genter line of Ross Street to the enter line of Chabot Road; thence in a gen- eral Easterly direction along the cente line of Chabot Road to its extreme Easterly end; thence Easterly in a direct extension of said center line tº the Southwesterly line of Block ºtiº ºf the Claremont Chabot Tract; thence Southeasterly and Northeastery along the Southwesterly and Eastery bour daries of said Block “H” and along a direct extension Northerly of said Easterly line of Block º' to the Gen. ter line of the Tunnel Road; thence in a general Northea the center line of said Tunnel Road º the boundary line between the city tº county and Contra Costa County. 2. Council District No. 3 shalf ºf of all that portion of the ſº county bounded on the Westº boundary line between the city ºunty and the City and County . Francisco; and on the North, East South by a line described as folio £ºmmencing at a point on the boundan. line between the city and county ana the City and County of San Francisco, Where the same is intersected by the direct extension Westery of the center line of Folger Avenue; thence Easterly along said direct extension of Folger Avenue and along the center line of Folger Avenue to the center line of San Pablo Avenue; thence Southerly along the center line of San Pablo Avenu: tº the genter line of Alcatraz Avenue; thence Easterly along the center line of Alcatraz Avenue to the center line of Telegraph Avenue; thence South. Westerly along the center line of ºene- graph Avenue to the center line of Broadway; thence Southwesterly along the center line of Broadway and along a direct extension Southwesterly therº. ºf to the center of the Estuary of San Antonio; thence in a general Westerly direction along the center of the said Estuary of San Antonio and its direct extension Westerly to the boundary line between the city and county and the City, and Gounty of San Francisco. Council Distriºt No. 4 shall consist of all that portion of the city and county bounded and described as ſoi- lows: commencing at the intersection of the center line of Telegraph Avenue and the center line of Alcatraz Avenue; thence Easterly along said center line of Alcatraz Avenue to the center line of College Avenue; thence Southerly along said center line of College Avº nue to the direct extension Westerly of the center line of Florio Street; thence Easterly along said direct extension and along the center line of Florio Street to the center line of Ross Street; thence Southerly along the center line of Ross Street to the center line of Chabot Road; thence in a general Easterly direction along the center line of Chabot Road to its extreme end: thence Easterly in a direct extension of said center line to the Southwesterly line of Block “H” of the Claremont Chabot ract; thence Southeasterly and Nort easterly along the South- westerly and Easterly boundary of said Block “H” and along a direct ex- tension Northerly of said Easterly line of Block “H” to the center line of the Tunnel Road; thence in a general Northeasterly direction along ſhe cen: ter line of said Tunnel Road to the boundary line between the city and county and Contra Costa County, salº *|dividing line being also the Easterly boundary of the present City of Oak- and thence southeasterly following ºf a ſong the center line of Florio the Easteriº houndary ºf the present sterly direction alongº º centerºlina * City of Oakland to the line dividing the orth one-half and the South one-half ºf Section 34, Township 1 South, Range § est, M. º: ..; theºge in a direct line due West to the center line ºf County Road 2509; thence Northwesterly along sºid center line to the center line of County Road No. 2848; thence Northwesterly along said €enter line to the center line of County Road No. 625; thence Southwesterly along the center line of County Road No. 625 to the center line of Park Boulevard; thence Southwesterly along the center line of Park Boulevard to the center line of 4th Avenue; thence southwesterly alºng the center line of - ~4th Ayenue to the center line of East & 8 §th Street; theneº Northwesterly along - center line of East 18th Street to center line of Lakeshore Boule- ` tº ºnce southwestery along the ~ line of Lakeshore Boulevard to lºser line of ist Avenue at East treet; thence Southwesterly along *nter ine of 1st Avenue and along jºr e gºt extension Southwesterly eoſ to an intersection with the eet extension Northwesterly of the enter Fine of East 10th Street; thence Southeasterly along said direct extºn- sion and along the center lime of East 10th Street to the gēnter line of 2nd Avenue; thence Southwesterly along the center line of 2nd Avenue and along the direct extension Southwesterly thereof to the center line of East 8tº $treet; thence Southeasterly along the genter line of East 8th Street to the of 3rd Avenue; thence Southeasteriy and Sottº westerly along the center line of 3rd Avenue to the center line of East 7th Street; thence Southeasterly along the center line of East 7th Street to the center line of 5th Avenue; thence Southwesterly ałóng the center fine of 5th Avenue and along a direct extension Southwesterly there- of to the center of the Estuary of San Antonio; thenge Northwesterly along said center of the Estuary of San Ain- tonio to an intersection with the direct extension Southwesterly of the center line of Broadway; thence Northeasterly along said direct extension and along the centerºine of Brºadway to the cén- ter line of Telegraph Avenue; the hee Northeasterly along the center line of Telegraph Avenues to the center line of Alcatraz Avenue and the point of eominencement, º - - Council District No. 5 shall consist of all that portion of the city and equinty bounded and described as fol- idws: cºmmencing at a point of the Northeasterly boundary line of the present City of Oakland where said boundary line is intersected by the line dividing the North one-half and the South one-half of Sectiºn 34, Town- ship 1 South, Range 3 West, M. º. 13. * M ; thence on a direct line due West to the center line of County Road No. 2569; thence Northwesterly alºng the said center line to the center line of County Road Nº. 2848; thence North- westerly along the said center line to the center line of County Road No. 625; thenºe Southwesterly along the senter line of County Road No. 625 tº the eenter line ºf Park Boulevard; thenge Southwesterly along the center ºne ºf Park Boulevard to the center ºne ºf 4th Avenue; thence Southwest- erly along the center line of 4th Ayº- nue to the center line of East 18th §treet; thence Northwesterly along the center line of East 18th Street to the center line of Lakeshore Boulevard; of to the intersection with the direct extension Northwesterly of the genter line of East 10th Street; thence South- easterly along said direct extension and along the center line of East 10th Street to the center line of 2nd Ave- nue; thence Southwesterly along the genter line of 2nd Avenue and along the direct extension Southwesterly thereof to the center line of East 8th Street; thence Southeasterly along the center line of East, 8th Street to the center line of 3rd Avenue; thence Southeast- erly and Southwesterly along the cellº ter line of 3rd Avenue to the center line of East 7th Street; thence South- €asterly along the center line of East 7th Street to the center line of 5th Avenue; thence Southwesterly along the center line of 5th Avenue and along a direct extension Southwesterly there- of to the center of the Estuary of San Antonio; thenge Easterly and South- easterly along the center of said Estuary of San Antonio to the center line of the Tidal Canal; thence South- erly along the center line of the Tidal Canal to the Southerly line of Tide Lot No. 10 in Section 17, Township 2 South, Range 3 West; thenee in a direct line Southeasterly to the Southwest corner of Tide Łot No. 17 in Section 2.0, Town- ship 2 South, Range 3 West; thence East along the South line of said Lot 17 and along the South line of Tide Lot No. 24, Section 21, Township South, Range 3 West, and its direct extension Easterly to the Westerly line of Plot No. 29, as shown on that cer- tain Map entitled “Map of the Lands in Partition in the Suit of Wm. P. Toler, et al., vs. Jose C. Peralta,” etc., led in the office of the County Clerk of Alameda County; thence, Southeast: erly along the Westerly line of said Plot No. 29 and along the Westerly line and Southerly line of Plot No. 28, as shown on said map, to the line between Plot No. 28 and Plot No. 15 as shown on said map; thence Northerly along last said line to the line between Plot No. 14 and Plot No. 15 as shown on said map; thence Easterly, Southerly and Southeasterly along said last line and its direct production Southeasterly to the Southerly Boundary line of the present City of Oakland; thenge Easterly along said Southerly bound- airy Hine and continuing Northwesterly along the Northeasterly boundary line of the present City of Oakland to the point of commencement. Council District No. 6 shall consist of all that portion of the city and county bounded and described as fol- Iows: commencing at a point on the Westerly boundary of the city and county where the same is intersected by the direct extension Yº. of the center of the Estuary of San Antônio; thence Easterly and Southeasterly along the said extension and along the center of said Estuary to the center line of the Tidal Canah; thence Sºuth- erly along the center line of said Tiåal Canal to the Southerly line of Tide Lot No. 15, in Section IT, Township 2: South, Range 3 West; thence in a direct line Southeasterly to the Southwest corner of Tide Lot No. 17, in Section 20, Township 2 South, Range 3 West; thenee East along the South line of said £ot No. 17, and alºng the South line of Tide Lºt No. 24, Section 21. Township 2 South, Range 3 West, and its direct extension Easterly to the Westerly line of Phot No. 29 as shown ºn that certain Map entitled “Map of thence Sºuthwºsterly alºng the center the ſands in Partition in the Suit of 5 ºf Lake ºre Boulevarº to the Wºm. P. Toler, et àº; vs. José C. Fºrº. ºnfer ºne of ºf Aventre ºf ºst fith alta,” etc.; ºfteå in the effice ºf the $treet; thenge ºwestery alºng the ºëhter fine ºf Avenskº sº a lºg a direct extensº ºstery there: county Clerk ºf Alarneda Cºunty; thenee, Southeasterly ºng the West erly line ºf safd Pºt Nº. 29, and along which he the Westerly line and Southerly line ºf Piot No. 28, as shown on said Map, to the line between Piot No. 28 and Plot No. 15, as shown on said map; thence Northeasterly along said last line to the line between Plot No. 14 and Plot No. 15, as shown on said map; thence Easterly, Southerly and South- easterly along last said line and along a direct extension Southeasterly thereof to a point on the Southerly boundary Of the present City of Oakland; thence Easterly along said Southerly boundary fine to the Westerly Right of Way Iine of the South Pacific Coast Railway Company; thence Southerly along said Westerly Right of Way line to the center line of County Road No. 273; thenee Westerly along said center line to a point where said center line is intersected by the direct production Easterly of center line of County Road No. 5952; thence Westerly along said center line to the Westerly boundary of the Rancho San Leandro; thence in a direct line Westerly to the corner common to Tide Land Lots Nos. i2, 13 and 21 in Section 33, Township 2 South, Range 3 West; thence South along the East line of Tide Land Hot No. 21 and Tide Land Ilot No. 28 to the North line of Section 4, Township 3 South, Range 3 West; thence in a direct line West- erly to the Southeast corner of the boundary of the present City of Ala- meda; thence Westerly along said boundary to the line dividing the city and county and the City and County of San Francisco; thence Northwesterly along last said line to the point of Conninen Genient. Council Bistrict No. 7 shall consist of all that portion of the city and county lying Southerly, Easterly and Northeasterly of a line described as follows: commencing at a point on the Westerly boundary of the city and county where the same is intersected by the Southeriy boundary of present City of Alameda; thence East- erly, along said Southerly boundary to the Southeast corner of said boundary; thence in a direct line Easterly to a point on the North line of Section 4. Township 3 South. Range 3 West, where said North line of Section 4. is intersected by the East line of Tide Land Lot No. 28 in Section 33, Town- ship 2 South, Range 3 West; thºge Northerſy along said East line of Tide Tand Lot No. 28, and along the East line of Tide Łand Lot No. 21 to the corner common to Tide Land Taotº Nos. 12, 13 and 21 in said Section 33: thence in a direct line Easterly to a point ºf the Westerly boundary of the Rancho San Leandro where the same is inter- sected by the center line of County Road No. 5952; thence Easterly alone said Center line and along its direct production Easterly to the center line of County Road No. 273; thence East- erly along said direct productiºn to the Westerly right of way line ºf the South Pacific Coast Railway Company; thence Northerly along said Westery right of way fine to the Southerly boundary of the present City of Oak- land; thence Easterly along said Sºuth- erly boundary line and continuing Nºrthwesterly along the Northeasterly boundary Hine of the preseñº City of Öakland to an intersection with the boundary line between the city and county and Contra Costa County, COMPENSATHON Sec. 6. Coungtimeſ shall receive the sum ºf two hundred and fifty dollars per mºnth. º - {ºt}\tº F# GATION GF COUNCH-MEN. Sec. 7. Each Councilman must have been an elector ºf the district frºm is elected for at least ºfte year prior to his election, and mºst reside in said district during his in: cumbency. Any councilman who shall cease to possess any of the qualifica- tions required by this charter shall forth with forfeit his office, and it shall be the duty of the Metropolitan Court- cil to declare such forfeiture. VACANCHES Sec. 8. If a vacancy shall occur in the office of Councilman from any dis- trict, the Metropolitan Council shall appoint a person from said district possessing the qualifications specified in Section 7 hereof, who shall hold of- fice until the election and qualification of a councilman to fill the vacancy, which election shall take place at the next succeeding general municipal election, and the councilman so elected shall hold office for the remainder of the unexpired term; provided, however, that if the next general municipal elec- tion is held in the month of November next preceding the expiration of said term then the appointee of the Metro- politan Council shall hold office for the unexpired term and until his successor is elected and qualified. - MEET i NGS - Sec. 9. The Metropolitan Council first elected under the provisions of this charter shall hold its first meeting in the rooms of the Board of Supervis- ors of the County of Alameda in the Hall of Records, at 10 o’clock a. m. on the second Monday following the issu- ance of their certificates of election by said Board of Supervisors. At such meeting the Metropolitan Council shall organize and provide for a time and place for the holding of regular meetings. All meetings of the Metropolitan Council must be public, and the minutes and books of the Met- ropolitan Council shall be open at all reasonable times for public inspection. No meetings shall be held except at such regular place of meeting. Absence from five consecutive regu- lar meetings, unless excused by resolu- tion of the Metropolitan Council, shall Operate to vacate the seat of any couri- cilman so absent. - SPEC A L. NIEET NGS Sec. 10, Special meetings of the Met- ropolitan Council may be called by the Mayor or by any two Councilmen upon written notice to each councilman, served personally upon him or left at the place designated by him on the books of the clerk, (which designation must be made to, and a record thereof kept by the clerk), at least twenty-four- hours before the time ºf the proposed meeting. Such notices must specify the subjects to be considered, and no other business shall be transacted at Šuch meetings. - - QUORUM Sec. 11. A majority of the council- men shall constitute a quorum for the transaction of business, but no act of the Metropºlitan Council shall be valid unless a majority of all the counciliaen concusº therein. PROCEDURE OF METRºPOLITAN º CQuº C# is - Sec. 12. Except as otherwise pro- vided in this charter, the Metropolitan Council shall determine its rules ºf procedure. It shall keep minutes of its proceedings. The vote tip on ail mat- ter's coming before the Metropolitan Council shall be taken ºº: noes and entered tº on its fºnutes. The Metropolitan Council shall be a continuing body, and no measure pend- ing befºre it shall abate ºr be discons, - the term of office or remºval ºf the members of said body or any of thema GRD NANCES Sec. 13. Every ordinance shall be inº troduced in written or printed form. The enacting clause of every ordiziº ance adopted by the Metropolitan Council shall be: “Be it ordained by the Metropolitan Council.” No ordin- ance, except an emergency ordinance; shall be passed by the Metropolitän Council on the day of its introduction or within six days thereafter, or at any time other than at a regular meeting. Every ordinance upon its final adópº tion shall be assigned a serial number, shall be recorded in a book kept for that purpose, and shall be authentiº cated by the signature of the clerk and the seal of the city and county. - - EMERGENCY MEASURES - Sec. 14. The Metropolitan Council may, by a five-sevenths vote of the en- tire body, pass emergency measures to take effect at the time indicated there- in. An emergency measure is one for the immediate preservation of the pub- lic peace, property, health or safety, or one providing for the usual daily operation which the emergency is set forth and defined. Measures appropriating money may be passed as emergency measures, but no measures making a grant, re- newal or extension of a franchise ºf other special privilege, or regulating the rate to be charged for its service by any public utility, shall be so passed, - - - TAKING EFFECT OF of DINANCES Sec. 15. No ordinance or adopted by the Metropolitan Council or Board of Trustees of any borough shałłº. go into effect until thirty days after its final passage, except emergency meas: ures, ordinarices or measures relating to elections, ordinances or measures ré: s lating to street openings and closing: and street in provement work, ordin- ances or measures relating to boflá is: sues, and ordinances providing for tax: levies or appropriations for the usual £urrent eºpenses of the city and coun- ty. Such excepted ordinarićes or meas- ures shall go into effect at the time designated therein. - POWERS OF METRORC LITAN º COUNC++ º Sec. 16. Except as otherwise prº- vided in this charter, the Metropolitariº Council shall have power to fix the number of all officers and employees of: the city and county; to fix their corm- pensations where not fixed by this charter; to create departments, ºffices and employments; and to discontinuº. any department, office or employment created by it; to combine departments, offices and employments of the city. ind county; provided that nothing irº this section shall be taken as a grant. of power to the Metropolitan Coungi. to discontinue or abółish dº tºº. boards, or offices created by this charº ter, or to limit the power of the Civil Service Commission, as herein pra- vided. - º HMVESTIGATION EY METRGP01-Fº º T.A.N. COUNCIL º Sec. 17. The Metropolitan Council ºf any committee thereof, or person, titly authorized by the Metrop cil, ſhay investigate tº sº º gigº artmentºr Bºard, including bºugh boards, and the official actº and conduct of any ºfficer or employees and shall have power to administer oaths to compel the attendance ºf ºit; tinued by reasºn ºf the expiration of nesses and the production of books, pº pers and other evideº-ºr of a municipal function in measure º * purpose may issue subpoenaes which shall be signed by the mayor, a coun- cilman, or the authorized person con- ducting such investigation. Any wit- iness who shall refuse to obey any sub- poena or who shall refuse to testify to any facts within his knowledge ºr tº produce any papers, or books in his pºsséssion, or under his control, relat- ing to the matter under inquiry, shall be deemed to be in goritermpt, and the Metropolitan Council, committee ... or person conducting such investigation shall have power to take such proceed- ings in that behalf as may be taken by Boards of Supervisors, as provideº in the Political Code of the State of California. No person shall be excuseº from testifying, but his testimony shall not be used against him in any crim- inal proceeding other than for perjury. = LECTION AND DUTHES OF MAYOR Sec. 18. At the first meeting of the Metropolitan Council following the elec- tion of the first Metropolitan Council under this charter, and ºthereafter on the first Monday after the first day of January of each odd numbered year, the Metropolitain Council shall elect one of its members as President, who shall he entitled “Mayor.” In addition to his salary as Councilman, the Mayor shałł receive an additional compensation of one hundred dollars per horith. . . The Mayor shall preside at meetings ºf the Metropolitan Council and per- form such other duties consistent with this charter as may be imposed by the Metropolitan Council. He shall be en- tº tied to a vote, but shall possess ho veto power. He shall be recognized as the official head of the city and county. All bonds, contracts and other instru- ments in writing requiring the assent ºf the city and county shall be sub- scribed by the Mayor, or acting Mayor, as the case may be, under the seal of the city and county and attested by the Clerk. In time of public danger or emergency he shall, with the consent ºf the Metropolitan Council, take com- mand of the police and maintain and enforce the laws. During his absence ºr disability his duties shall be per- formed by another member appointed by the Metropolitan Council. The May- or shall have power to appoint a Secre- tary to the Mayor, who shall hold of- fice at the pleasure of the Mayor. The Metropolitan Council may appro- priate annually the sum of two thou- sand five hundred dollars to be ex- pended in entertaining the guests of the city and county, under the direc- tion of the Metropolitan Council, and &hall appropriate the further sum of five hundred dollars as a Mayor’s Ur- gent Necessity Fund, which may be ex- ended by the Mayor without furnish- ng vouchers ºtherefor. CREATHON OF BOROUGHS * Sec. 19. The Boroughs of Alameda, Albany, Berkeley, Emeryville, Hay- ward, Livermore, Oakland, Piedmont, Pleasanton and San £eaxidro are here- by created with the pºwers hereinafter speeifically granted. * The Borough of Alameda shall consist ºf all that portion of the city and gºinty included within Council District The Borough of Albany shall consist ºf all that portion of the city and coun- ty at present included within the cor- pºrate limits of the City of Albany, The Bºroush of Berkeley shall con- #ist of ſº that º of the º and £öunty in clid-set within the Council Dis- licts—º * † and 2, except the ter- ritory at present included within the corporate limits of the City of Albany. The Borough of Emeryville shall consist of all that portion of the city and county at present included within the corporate limits of the Town of Emeryville, - The Borough of Hayward shall con- sist of all that portion of the city and county at present included within the corporate limits of the Town of Hay- ward. - - The Borough of Livermore shall con- sist of all that portion of the city and county at present included within th9 corporate limits of the Town of Liver- In Gre. -- The Borough of Oakland shall consist of all that portion of the city and coun- ty included within Council Districts Numbers 3, 4 and 5, except the terri- tory at present included within the cor- porate limits of the City of Piedmont, and the Town of Enmeryville. * The Borough of Piedmont shall con- sist of all that portion of the city and county at present included within the corporate limits of the City of Pied- mont. - The Borough of Pleasanton shall con- sist of all that portion of the city and county at present included within the corporate limits of the Town of Pleas- anton. - The Borough of San Fieandro shall consist of all that portion of the city and county at present included within the corporate limits of the City of San Leandro. - - - BOARDS OF TRUSTEES OF BOROUGH 'S Sec. 20. There shaft be ejected at large by the qualified electors in each borough a Board of Trustees of five members who shall be qualified electors of the said borough. At the first meeting of the boards of trustees first elected hereunder the members thereof shall so classify themselves by lot that two members shall hold office until 12 o'clock noon on the first Monday after the first day of January, 1925, and three members shall hold office until 12 o'clock noon on the first Monday after the first day of January, 1927. There- after as the terms of the members of each board of trustees expire, their successors shall be elected for terms of four years, and shall held office until their successors shall have been elected or appointed and have qualified. - VACANCHES Sec. 21. If a vacancy shall occur in any board of trustees, such vacancy shall be filled by the board in the same manner as is herein provided for fiſſing vacancies in the Metropolitan Council. COMPENSATION Sec. 22. The trustees of each bor- ough shall serve without compensation. MEETINGS - Sec. 23. The boards of trustees first elected here under shall meet on the third Tuesday following the issuance of certificates of election to the members thereof at the hour of 8 º’clock p. m., and proceed to organize, and provide for a time and place for holding regular meetings at least once each month. The time of such meetings shall be air- ranged by a conference of the chairman ºf this several boards of trustees and the Manager. All meetings ºf the boards ºf trustees shall be open to the public and the minutes and books of the several boards of trustees shall be ºpen at all reasofiable times; for public inspection. No meetings shall be held except at such regular places -º-, of meeting. Abºg cutive regular meetings, unless excused by resolution of the board, shall oper- ate to vacate the seat of any member So absent. - SPECIAL MEET in Gs - Sec. 24. Special meetings of the sev- eral boards of trustees may be called by the chairman or any two trustees upon written notice to each trustee, served personally upon him or left at the place designated by him on the books of the clerk of the board, (which designation must be made to. and a record thereof kept by the clerk), at least twelve hours before the time of the proposed meeting. Such notices must specify the subjects to be consid= ered and no other business shall be transacted at such meetings. - QUORUM Sec. 25. A majority of the members ºf each board shall constitute a quorum for the transaction of ousiness, but no action of the board shall be valid unjess a majority of all the members thereof concur therein. - - - CHAIRMEN OF BOARDS OF it the first meetings of the TRUSTEES Sec. 26. boards of trastees first elected hereun- der and thereafter on the first Monday after the first day of January of each odd numbered year, each board shall elect one of its members as chairman. The chairman shall preside at meetings of the board and perform such other duties, consistent with his office, as may be imposed by the board, Ali in- struments in writing requiring the as- sent of the borough shaft be subscribed by the chairman, or chairman pro tem. and attested by the borough cierk. In case of the absence of the chairman from any meeting, the board shall elect one of its members chairman pro tem. If at any time the office of the chair- man becomes vacant the board shall elect a successor for the unexpired term. - BOROUGH CEERKs Sec. 27. There shall be in each borº Qugh a borough clerk appointed by the Manager upon the recommendation of the board of trustees, who, as clerk of such board, shall exercise such other functions as may be assigned to him by the Manager, and who shahi be deemed to be an officer of the city and county, POWERS OF BCROUGHs Sec. 28. Each borough shaji have and exercise only the powers and ºil. ties which are conferred - or imposed upon it or its board of trustees by this Charter, Except to recommend the appointment ºf the borough clerk, the bºards of trustees ºf the Boroughs of Alarneda, Albany, Berkeley, Emeryville, Qakłand, Piedmont and San Léandro shall have no power to name or ap- point any person or board to execute any of the powers, duties, rights or ob- ligations of the borough, but the same shall be executed by the appropriate officers of the city and county. POWERS OF BOARDS OF TRUSTEEs OF ALL BOROUGHS - Sec. 29. The board of trustees of each borough shalf have the power: 1. To recommend to the Metropoli- tan ºuncil the opening and closing of streets, the performance of street irº. prºvement work of any kind and char. acter within **, borough that may be dºne under the laws of the state ºf California, the acquisition, improve. ment, equipment, ºr mainterange ºf º º: º *; º ----- ºººhs' ºtº, º direct tax levied on the assessable property of the borough, desirable the holding of a borough elec- tion to vote bonds for any public im- provement within the borough. º Upon receipt of any such recommen- dation it shall be the duty of the Met- ropolitan Council to carry out the in- tent thereof by immediately initiating progeedings therefor in the manner provided by the laws of the State of California. 2. To establish by ordinance residen- tial zones within the borough. 3. To recommend to the Metropoli- tan Council, on or before the first Mon- day in June of each year, the amount of money necessary to meet the re- quirements of the borough in addition tº such amounts as may have been in- cluded in the annual estimate of rev- entre and expenditures to be raised by taxation of the property of the entire city and county. The Metropolitan Council shall embody such recommen- dation in the annual appropriation or- dinance and shall levy a tax on the as- sessable property within the borough sufficient to raise such amount, POWERS OF BOARDS OF TRUSTEES of CERTAIN BOROUGHs Sec. 30. Except as herein otherwise provided the Boroughs of Hayward, Livermore and Pleasanton may enter into contracts, and incur indebtedness, and may sue and be sued. The boards of trustees of such boroughs shall, in preceding Sections, have and possess all powers now or hereafter conferred or imposed by law upon municipalities of the sixth class; provided, that none of said boroughs shall have power to assess, levy, or collect property taxes within the borough, or to appoint a Recorder, or to grant frºnchises of any kind or mature. The revenue from all licenses in posed by the board of trus- tees of such boroughs, and all revenue collected or received for the use of the borough, shall be paid into the city and county Treasury to the credit of the proper funds of such borough. The boards of trustees of said last named boroughs shall also have power. and it shall be their duty, to repair and keep in repair, and to drain, sprin- kłe or oil, streets, sidewałks and al- leys within such borough and to remove all obstructions therefrom, Ali such work may be done by day labor if in the judgment of four-fifths of said board of trustees, expressed by a reso- lution adopted to that effect, it would be more economical and ºf greater befiefit to be performed in such man- ner. BOROUGH ORDENANCES Sec. 31. The enacting clause of all ordinances adopted by the boards of trustees of boroughs shall be: “Be it Ordained by the board of trustees of the Borough of –.” No ordinance shall be passed by a board of trustees on the day of its introduction, or within six days there- after, or at any time other than at a regular meeting. Every ordinance up- on its final adoption shall be assigned a serial number, shall be recorded in a book kept for that purpose: shall be autheriticated by the signature of the clerk of the borough, and a copy there- of duly certified by the boroºh clerk, shall be forwarded to the clerk of t Metropolitan Council. - BCROUGH Bºſtoget’s - bpard of trustees ºf Sec, - sº." and from time to time as may be necessary or addition to the powers conferred in the . nual budget an amount sufficient to pay the full cost of all special borough elections, including initiative, referen- ing the borough government, and of exercising the powers herein granted to such borough. RELINQUISH MENT OF BOROUGH - Pºſº RS - Sec. 33. Any or all of the powers herein granted to boroughs may be re- inquished to the city and county gov- Hernment by the majority vote of the electors of such borough voting on the question, and the procedure therefor shall be as follows: Council of a resolution of a board trustees, or a petition signed b qualified electors of a borough, in number to twenty-five per ſº. all votes cast for the trustee ſee the highest number of votes in borough at the last general mun. electiºn, requesting that the ques of the relinquishment to the city a county gºvernment of any or all of the powers herein conferred be submitted to the vote of the electors of such bºr- ough for determination, it shall be the duty of the Metropolitºn Council to submit said question to the electors of such bºrough at the next geneºI muni- cipal election. Upon the relinquishment ºf all the powers of any borough, such borºugh shall thereafter be governed by the Metropolitan Council. - ELECTIONS Sec. 34. Unless otherwise provided in this charter, all laws of the State of California respecting electiºns shall be applicable to all elections held in the City and county, or in the several bor- oughs thereof. - ELECTION PRECINCTs Sec. 35. The election precincts with in which it is proposed to hold any election shall not be described by metes electiºn, but the election precincts es: tablished by the Metropolitan Council for general ection purposes shall be referred to bº names or numbers, ELECTIVE OFFICERs Sec. 36. The elective officers of the ºty and county shall be the judges of the Municipal Court, a District Attor- ºney, an Auditor, an Assessor, and the Councilmen, and the elective officers of the several boroughs shall be the trus. tees of each borough. All elective officers shall be elected at the time and in the manner provided by the laws of the State of California, for the election of county officers; pro- Vided, however, that in case there is but one person to be elected to any ºffice any candidate receiving at the preºding primary election a majority of the total number of votes cast for all candidates for such office shall be declared elected to such office by the canvassing board and a certificate of election shall be issued to him, and said office shall not appear on the ball lot voted at the ensuing general elec- tion and provided further, that, in case there are two or more persons to be elected to any office the candidates for such office receiving at the preceding: primary election the votes of a major- ity of all the voters participating in said primary election in the distriºt in which said office is voted upon sham be known as “Majority Candidates” the and shall be declared elected to such ºffice by the garīyassing board tificates ºf election ºff. He º them and tº sºld ºffice shad peº on the ºf ºtº at th: º'- to not ºp- ensuing dum and recall elections, of maintain- and bounds in the measure calling such - 2- Upon the filing with the Metropºlity.” - . election; provided, that if the ºumber of such “Majority Candidates” is greater than the number of persons to be elected to such office, then those *Majority Candidates” receiving the highest number of votes and equal in number to the number of persons to be elected to such office shall be declared elected to such office by the canvassing board and certificates of election shall be issued to them and the said office shall not appear on the ballot voted at the ensuing general election; and pro- vided further, that if the number of such “Majority Candidates” so de- clared elected is less than the number sº of persons to be elected to such office; - then there shall remain to be elected a such office such number of persons º equal the total number of per- Sºtº be elected to such office less ~ imber of “Majority Candidates' ºil elected to such office, and t;hall appear on the official ballot ** at the ensuing general election ijuch number of names of such * candidates receiving the next ºnest number of votes for nomination º, such office as may equal twice the number of persons remaining to be ejected to such office (or a smaller number if the list of said other candi- dates be exhausted), such names to be preceded by the designation of the of: fice and the words “Vote for-, the blank being filled by the numbe of persons remaining to be elected to such office. STATEMENT OF CANDIDATES Sec. 36-a. Each candidate, at his ºwn cost, may deliver to the clerk at least twenty-five days prior to the date of any election, a verified statement, with printed copies thereof equal in number to the number of electors qual- ified to vote for the office for which he is a candidate. Said copy shall be printed on white paper four inches wide by nine inches long, may have the candidate’s photo-engraving printed thereon and shall have printed thereon his marne, the office for which he is a candidate, a statement as to his resi- dence, place of birth, present occupa- tion, what public office or offices he has held, whether he is a taxpayer in the district in which he seeks election, and such other information as he may de- sire concerning his experience and qualifications for the office for which he is a candidate. One copy of such state- ment shall be mailed with the sample ballot to each elector qualified to vote for such office. º initiative, - REFERENDUM AND RECAL.L. ºf THATIVE AND REFERENDUM Sec. 37. The submission to the vote ºf the people of any proposed ordinance or measure, or of any ordinance or measure adopted by the Metropolitan Council or by the board of trustees of any borough which has not gone into effect, may be accomplished by the pre- sentation of a petition therefor to the Metropolitan Council, or to a borough board of trustees, in the manner pre- scribed by the laws of the State of Căl- ifornia, now or hereafter in forge, pro- viding for direct legislation by cities and towns, except as herein otherwise specifically provided. ENACTENG CLAUSE - See #8. The enacting clause of every rdinange or measure proposed by the ºalified electors of the city and coun. tº shall be: "Be it ordained by tº People of the City and County.” . The enacting clause of every ordin- ance or measure proposed by the qual- ified electors of a borough shall be: “Be it ordained by £he People of the Borough of - REFERENCE OF MEASURE FOR A DVISORY VOTE 'Sec. 39. The Metropolitan Council may submit to the electors of the city and county for their advisory vote any ordinance or measure which it shall have authority to enact. Such question shall be submitted at any general elec- tion or at any special election called for other purposes. CHARTER AMEND MENTS Sec. 40. The provisions of the fore- going sections of this charter relative to the initiative shall apply to the pro- posal, submission and adoption of chair- ter annendments. - RECALL Sec. 41. The incumbent of any eject- ive office provided for in this charter may be removed or recalled from office by the electors qualified to vote for the incumbent of such office in the manner prescribed by the laws of the State of California, now or hereafter in force, providing for the recall of elective of- ficers of incorporated cities and towns, except that the petition shall demand ºnly the removal of such officer, and * except as herein otherwise specifically provided. - - RECALL BAL LOTS Sec. 42.2 The ballots at such recall election shall conform to the following requirements: With respect to each person whose removal is sought, the question shall be submitted. “Shall. . . . . . . . . . . . . (name of person). . . . . . . . . --------- ... be removed from the office of . . . . . . . . . . . . . . . . . (name of office). . . . . . . . . . . . . . . . . . . . . by recall?” Immediately following each such question there shall be printed the words: “Yes” and “No” on separate lines with a blank space at the right of each, in which the voter shall indicate by stanping a cross (x) his vote for or against such recall. RESULT OF RECALL ELECTION Sec. 43. If a majority Qf the votes cast on the question of the recall of a particular officer be against the recall of such officer, he shall continue in of- fice for the remainder of his term sub- ject to recall as hereinafter provided. If a majority of the votes cast on the question of the recall of a particular Čfficer be in favor of the recall of such cfficer, he shall be deemed recalled and removed from office upon the canvass of the returns of said election and the declaration of the result thereof by the Metropolitan Council, and he shall not #be deemed eligible for appointment to the vacancy. FAILURE TO RECALL AN ELECT- IVE OFFICER Sec. 44. In the event of the failure to recall an elective officer at any re- gail election no other election may be held during his existing term for the recall of such officer except upon peti- tion signed in the manner hereinabove provided by electors qualified to vote for an incumbent of such office equal in number to thirty-five per cent of the total vote cast for such office at the last general municipal election. CANVASS OF BALLots - Sec. 45. All initiative, referendum, and recall petitions shall be filed with the clerk of the city and county. The Metropolitan Council shall call ºil ini- §ative, referendum, and recial elec- tions, canvass the bailots, and declare the results thereof. FURTHER REGULATIONS - Sec. 46. The Metropolitan Council shall, by ordinance, make such further regulations as may be necessary to carry out the foregoing provisions rela- tive to the Initiative, Referendum and Recall. - MU NiC I PAL COURT Sec. 47. There is hereby established a Municipal Court of said city and county. J U R SDict iO N AND POWERS Sec. 48. There is hereby conferred upon and vested in said court all the jurisdiction and powers, both civil and criminal, now possessed by any and all Justices' Courts, Police Courts and Recorders' Courts within the territorial limits of said city and county, or which hereafter may be eonferred by general law or by the laws and ordinances of said city and county upon Police Courts, Justices’ Courts, Recorders' Courts, Municipal Courts, or other courts inferior in jurisdiction to the Superior Court. The said court shall have jurisdiction in all proceedings, civil and criminal, for the enforcement of, or arising out of, the violation of any law or ordinancé of said city and county or of any borough therein. The Judges of said Municipal Court shall possess all powers now possessed by, or that hereafter may be conferred up- on, any judge of the Municipal Court, Justice of the Peace, Police Judge, Re- corder or judge of any other inferior court. JUDGES OF MUNHCIPAL COURT: ELECTION, TERMS, SALARIES, VACANC i ES - Sec. 49. There shall be nine judges of said Municipal Court, who shall hold their offices for the term of six years. One of said judges shall be elected in the territory included within the boun- daries of the Borough of Alameda, one in the territory included within the boundaries of the Boroughs of Berkeley and Albany, four elected at large, in the territory included within the boundaries of the Boroughs of Oakland, Piedmont and Emeryville, one in the territory included within the present boundaries of Eden Township, one in the territory included within the pres- ent boundaries of Washington Town- ship and one within the territory in- cluded within the present boundaries of Murray and Pleasanton Townships. Each of the six judges of the Municipal Court elected within the territory first named shall receive an annual salary of not less than four thousand dollars, and each of those elected within the territory constituting the remaining portion of said city and county shall re- Geive an annual salary of not less than twenty-four hundred dollars. The sal- ary of said judges shall not be dimin- ished during their terms of office. In case of a vacancy ogeurring in the of.- fice of Judge ºf the Municipal Court, the Mayor shall appoint a duly quali: fied person to act as such judge until || his successor shall have been elected and shałł have qualified. - QUAL'ſ FICATIONS OF JUDGEs See: 50. No person shall be eligible for the office of Judge of said Municipal Court unless he shall have been for at least five years an elector of said city and county, and shall have been during said period an attorney duly admitted to practice by the Supreme Court of the State of California, and actually engaged during the whole of said period in the practice ºf law, or in the dis. charge of the duties of a judicial office, or for a portion of said period in the active practice of law and for the re- maining portion in the discharge of such judicial duties. PRESI DI NG JUDGE: DUTi ES AND POWER.S. Sec. 51. Within thirty days after their election and qualification, the Judges of the Municipal Court shall elect one of their members as Presiding Judge of said court. The Presiding Judge, in addition to the exercise of the duties of a judge of the Municipal Court, shall have general supervision of the business of said Court and shall appoint such officials of such court as may be provided in this charter or by the Metropolitan Council. He shall preside at meetings of the judges, and shall from time to time assign the judges to the departments of said court in such manner as he may deem proper for the prompt disposition of the busi- ness thereof, and for the purpose of se- curing efficiency through specialization of their ºuties. He shall superintend the calendars of said courts and shall make such classification and distribu- tion of its business, or such general rules for such classification and dis- tribution, as he shall deem proper and expedient. He shall secure from each of the judges monthly reports in writ- ing of the judièial business performed by such judge, and shall semi-annually, on the first days of January and July in each year, make a written report to the Metropolitan Council of the opera- tion, organization and needs of said Court. No action affecting said Court shall be taken by the Metropolitan Council except upon recommendation of the Presiding Judge. C REATION OF APPrſional- - S Sec. the , necessity JUDG 52. Whenever therefor demands, the Metropolitan Council may, upon the recommendation of the Presiding Judge, provide for ad- ditional judges of the Municipal Court. Such additional judges shall be elected by the electors of said city and county. DEPARTMENTS OF THE MUNICH PAL COURT Sec. 53. The Presiding Judge, by and with the consent and advice of the judges of said court, shall establish such departments of said Municipal Court as may be convenient, and, in like manner, may discontinue or con- Solidate any of such departments. The judges of said court may hold as many sessiºns of said court at the same time as theº, ºr; judges thereof. The de- partments tº said court shall meet at such times and places as may be desig- nated by the Presiding Judge, and it shall be the duty of the Metropolitan Council to provide suitable rooms and accommodations for the various depart- ments in such parts of the city and County as may be convenient for the proper expedition of the business of said court. - - MEETINGS OF JUDGES Sec. 54. It shall be the duty of the Presiding Judge and other judges of the Municipal Court to meet at least ºnce in every month at an hour and plage to be designated by the Presiding Judge, and at such other times as may be required by the Presiding Judge, for the consideration of such matters pertaining to the administration of jus: of plans.” tice in said Court and provement in the wor seſſ Court as may be brought befºre said meetings. At such pºeetings they shall receive arºi gate all coºlaints pre- torney who shall Higualified electors of the city and coun-º. ty for a term of four years at the gen- eral State election next preceding the expiration of the term of the District: Attorney in office at the time this chair- ter shall take effect, and every four years thereafter. fied elector of the city and an - ſºlº Tº sented to them pertaining to said Court and the officers thereof, and shall take such action as they may deem prope? with reference thereto. Power. To MAKE RULES Sec. 55. The judges of said Court shall have power and it shall be their duty to adopt or cause to be adopted all such rules and regulations for the proper administration and of justice in said Court as shall seené expedient. expedition INFORMALITIES DisP EGARDED - Sec, 56. The Court shall disregard all errors and defects in pleading and procedure which do not affect the subs: stantial rights of the parties, and, as far as possible in the rules adopted by: the Court shall provide for a simpli- fied procedure. ~ PERSON's PRACTIC ING BEFORE SAID COURT Sec. 57. No person other than an at- torney at law, duly admitted to prag- tice before the Supreme Court of Cali- fornia, as attorney or agent for any party in any matter Court. - cLERK OF THE MUN iCIPAL COURT, shall be permitted to appear before said Municipal Sec. 58. There shall be a Clerk of the Municipal Court and such deputy clerks as the Metropolitan Council may, upon the recommendation of the Presiding Judge, provide. the Municipal Court shall be appointed by the Presiding Judge, and said Clerk shall appoint the deputy Clerk and deputy clerks shall receive such Council such duties as are required by law in the case of clerks of Justices’ Courts. in cities and counties. The Clerk of clerks. The Metropolitan shall perform as the fix and salaries shall SHERIFF AND POLICE Sec, 59. The Sheriff and his depti- ties shall have the powers and duties now or hereafter conferred and im- posed upon sheriffs or - respect to civil process in said Muni-- cipal Court. constables iſſ The Chief of Police shall designate and appoint one or more police officers to attend the sessions of any depart- ment of the Municipal Court exercising the functions of a Police Court for the purpose of preserving order and of ex- ecuting the judgments and orders of said court. - º TRANSFER OF PROCEED INGS, Sec. 60. All actions, trials, and pro- ceedings in every. Justice’s Court, Po-- lice Court, isting in the County of Alameda at the time this charter takes effect shall be transferred to and become pending in the Municipal Court of the city and county, and all records of such Jus- tices? corder’s Courts shall be transferred toº and become the records of such Muniº- cipal Court. - and Recordier’s Court ex- Courts, Police Courts, and Reº District ATToRNEY Sec. 61. There shall be a District Atº be elected by thº He shall be a quali: , ºunty º d - *E of 2. * º have been engaged in the active attoºey, admitis. practice of law fºr at feast five years next preceding his ejection. receive an annual salar He shall y of five thou-º iſ have all the - * pºwers conferred and shall discharge &ll the duties imposed upon district &ttorneys of counties and cities and gounties by the general laws of the §tate of California. The duties im- posed by the laws of the State of California, upon district attorneys of gounties and cities and counties in re- spect to civil actions, matters and pro- ceedings shall be performed by the City Attorney unless otherwise directed by the Metropolitan Council. In addition thereto the District Attorney shall at- tend, institute and conduct on behalf ºf the people all prosecutions for pub- lic offenses and for violations of all penal ordinances of the city and county and the several boroughs. He shall give such legal advice relative to criminal matters as may be required by the Metropolitan Council, the several borough boards of trustees, or any other officer or board of the city and county. The District Attorney is hereby al- 16 wed the following assistants and deputies, who shall receive the com- pensation hereinafter specified: One Assistant District Attorney at a compensation of three hundred dollars per month; - One Chief Deputy District Attorney at a compensation of two hundred and seventy-five dollars per month; Four Deputies District Attorney at a compensation of two hundred and fifty dollars per month each; Two Deputies District Attorney at a compensation of two hundred and twenty-five dollars per month each; He shall be allowed the following em- ployees, whose compensation shall be fixed by the Metropolitan Council: Three stenographers; One detective; One clerk; One telephone operator. At least one of such Deputies Dis- trict Attorney shall be a woman. At the request of the District Attor- mey, the Chief of Police shall designate an officer or officers of the Police De- partment for detective service or the service of process for the District At- torney's office. When, in the opinion of the Metro- politan Council, the business of said of- fice warrants, said Metropolitan Coun- cil may allow the District Attorney ad- ditional assistants and employees and fix their cornpensation. All assistants, deputies and employees of the District Attorney’s office shall be appointed by the District Attorney and shall hold ºffice at his pleasure. - - AUDITOR Sec. 62. There shall be an Auditor who shall be the head of the FYepart- ment of Finance. He shall be an elect- or of the city and county at the time of his election, and must have been such for at least three years next pre- ceding his election: The Auditor shall be elected by the qualified electors of the city and coun- ty for a term of four years at the gen- eral state election next pregeding the expiration of the term of the County Auditor in office at the time this ghar- er shall take effect, and every four years thereafter. He shałł receive an £hritial salary of five thousand dollars. He shall always know the exact condi- tion of the treasury and every demand ºnomºitºſe shall be in personal at- fendange at his ºffice ºf during office Hours: He shall be the general ac- Egtºtaht of the city and county and ałł accounts, books, vouchers, dogū- iments and paper's relating tº the gº- €ive and preserve in his office counts and contracts of the city and county, its debts, revenues, and other financial affairs. He shall give inform- ation as to the exact condition of the treastīry and of every appropriation and fund thereof upon request of the Metropolitan Council or the Manager. The Auditor shall appoint, subject to the Civil Service provisions of this charter, such deputies, assistants, clerks and Stenographers as may be provided by the Metropolitan Council. He shall have power to administer Oaths and summon witnesses and order the production of books, papers and other evidence for any purpose con- nected with the financial administra- tion cf the city and county. No money shall be drawn from the city and coun- ty treasury except by warrant signed by the Auditor. The Auditor shall not draw his warrant for the payment of any claim until he is satisfied that the claim represents an obligation legally incurred and that the amount of said claim is not, when added to all ex- penses already incurred against the ap- propriation in question, in excess of the amount of the said appropriation, or of said appropriation plus duly author- ized transfers thereto, ACCOUNT | NG SYSTEM Sec. 63. The Auditor shall install and maintain a modern accounting system, which shall include such a standard classification of income and expendi- tures as will permit of the preparation at any time of a general balance sheet disclosing the exact financial condition Of the city and county as to assets and liabilities. He shall provide uniform forms of account for all officers and departments of the city and county. He shall supply to all such officers and departments uniform forms, blanks. books of record and other financial Stationery used in connection with the accounting system. The accounting system shall further provide for the record in detail of all transactions affecting the acquisition, custodianship and disposition of val- ues; for the complete record of unit and job costs in all operating depart- ments; for a detailed account of all transactions of the purchasing agent; for summaries of income and expendi- tures supported by detailed schedules, and also comparisons with the last fis- cal year; and for a general balance sheet exhibiting the assets and liabili- ties of the city and county supported by departmental schedules for each public utility operated. The Metropolitän Council may at any time authorize and require e Auditor. to contract with a duly quaſified certi- fied publić accountaint, or firm of certi- fied public accountants, to design and install the accounting system herein referred to or any portion thereof or extension thereto. --- - PAYMENT OF CLAIMS Sec. 64. All claims shall be submit= ted to the Auditor upon vouchers, the form of which shall be prescribed by him, signed by the hºad ºf the de- partment for which the indebtedness was incurred, and countersigned by the Manager or an officer designated by theft Manager. Before issuing such vouch- ers, the head of the department must have duly inspected the supplies or materials furnished, or work done, and have certified the same as satisfag- tºry. The head of each department shall catise to be kept, on fºrms fur- inished by the Auditor, accurate tirne reports, duly certified by some member of the department having cognizance papers of his office as thereof, as the basis for payroll vouch- ºrs, ºach head of a department and his surety shall be liable to the city and county for all loss or damage sus- tained by the city and county by real- son of the negligent or corrupt ap- proval of any claim against the city and county in his department. The salaries and compensation of all offic- ers, including policemen. firemen, em- ployees of all classes, and all teachers in the public schools, and others em- ployed at fixed wages, shall be payable monthly. - - REPORT OF FINANCIAL CONDITION Sec. 65. The Auditor shall submit to the Metropolitan Council a monthly report containing in detail the receipts and disbursements of the city and county ºn all accounts, the expendi- tures made and obligations incurred during the preceding three months, and a balance sheet showing the financial condition of the city and county, and of the several funds, and the total un- expended balance to the credit of each appropriation. Copies of this report shall be supplied to the Manager, each member of the Metropolitan Council, the borough boards of trustees and heads of departments, Copies of the balance sheet shall be delivered to all public libraries, newspapers and such citizens as make application therefor. As soon after the completion of each fiscal year as practicable, the Auditor shall submit to the Metropolitan Coun- cil a similar report and balance sheet for the preceding fiscal year. This re- port shall be printed in a panphlet form for general distribution. ANNUAL AUD4 T OF ACCOUNTS Sec. 66. The Metropolitan Council shall employ, for a stipulated compen- sation, at the beginning of each fiscal year, a certified public accountant, or firm of certified public accountants, who shall examine the books, records, and reports for the preceding fiscal year of the Manager, Auditor, Treas- urer and Tax Collector, and all other officers and employees of the city and county, and make triplicate reports of his or their findings thereon. One of these reports shall be filed with the Manager, 939 With the Metro- politan Council and 6he with the Audit- or. Such accountant or firm of ac- countants shall have unlimited privi- lege of investigation and the same powers with regard to compelling the attendance of witnesses, the production of books and papers and the admin- istering of oaths, as are conferred on the Metropolitan Council by the provi- sions of this charter. Every officer and employee of the city and county shall give all required assistance and infor- mation to such accountant or firm of accountaints, and submit to him or them for examination such books and may be re- quested, and failure to do so shall be deemed afid held to be a forfeiture and abandonment of his office. The Metro- politan Council shall provide for the payment of the services of such ac- countant or firm of accountants. ASSESSOR Sec. 67. There shall be an Assessor who shall be elected by the qualified electors of the city and county for a term ºf four years at the general State election next preceding the expiration of the term ºf the Assessor of Alameda County in office at the time this chair- ter shali take effect, and every four years thereafter. He shall be an elector ºf the city and county at the º time of his election and must have been such for at least three years next preceding his eleetion. He shall receive an annual salary of seven thousand dollars. He shall have and exercise all the powers conferred, and shall discharge all the duties imposed upon assessors of counties, and cities and counties by the laws of the State of California, except as otherwise pro- vided in this charter. In addition thereto he shall discharge such other duties as may be prescribed by this charter or by the Manager. The As- sessor shall appoint, subject to the civil service provisions of this charter, such deputies, assistants, clerks and sten- ographers as may be provided by the Metropolitan Council. APPOINTMENT AND QUALIFICA. - TIONS OF MANAGER Sec. 68. There is hereby created the office of Manager. The Manager shall be appointed by the Metropolitan Council and shall be chosen solely on the basis of his administrative and ex- ecutive qualifications. The selection of a Manager shall not be limited to in- habitants of the city and county or of the State, but no councilman, during the term for which he was elected or appointed, shall be appointed Manager. The Manager shall be appointed by, and shall hold office at the pleasure of the Metropolitan Council. His annual salary shall be fixed by the Metropoli- tan Council, but shall not be less than $12,000. - - The Manager shall be the adminis- trative head of the city and county and, except as otherwise provided in this charter, shall be responsible to the Metropolitan Council for the efficient conduct and operation of all depart- ments, and for the efficient adminis- tration of all the affairs of the city and county. - Neither the Metropolitan Council nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the Mar:ager or in any manner in- terfere with the Manager or prevent him from exercising his own judgment in the appointment or removal of boards, officers and employees. Except for the purpose of inquiry, the Metro- politan Council and its members shall deal with the administrative service solely through the Manager, and nei- ther the Metropolitan Council nor any member thereof shall give orders to any of the appointees of or the officers or employees under the supervision of the Manager, either publicly or pri- vately. Any councilman who shall vio- late any of the provisions of this para- graph shall forth with forfeit his office. POWERS AND DUTHES OF MANAGER Sec. 69. The Martager shall have the power and it shall be his duty: (a) To see that all laws of the State and all ordinances and measures of the city and county and of each borough are enforced. (b) Except as otherwise provided in this charter, to appoint all officers and employees of the city and county; and, subject to the provisions ºf this char- ter, he may suspend or remºve any such officer or employee. - - (c) Except as otherwise provided in this charter, to exercise general super- vision and direction over all persons, firms, companies and corporations own- ing, controlling and operating public utilities within the city and county limits, insofar as any ºf them are sub- - ject to municipal control, and ºtó that all terms and conditi impº in favor of the city and county or inhabitants, upon any public util are faithfully kept and performed. (d) To prepare and submit to Metropolitan Council and boards trustees of boroughs the annual bi get, and to keep the Metropoli Council and boards of trustees of tº oughs fully advised at all times as the needs and financial condition the city and county, and of the spective boroughs, and to furnish formation to said Metropolitan Co. cil and boards of trustees in the mi ner and form required by them. (e) To attend, either in person of deputy, all meetings of the Metry tan Council; he may attendº of the boards of trustees of eral boroughs, and must meetings, either in pers uty, when requested by su (f) To recommend to ºt tan Council and boards of boroughs for adoption such, as he may deem necessary dient, - (g) To examine, or cause to amined, at any time, without nº the affairs of any office of the city a county or of any borough, and official acts and conduct of any offi or employee, and he, or any person : pointed by him for such purpose, sh have the same power with regard compelling the attendance of witness and the production of books and 1 pers, the administering of oaths a proceedings for contempt which is cº ferred upon the Metropolitan Cour. by this charter. (h) To devote his entire time to interests of the city and county a to perform such other duties as m be prescribed by this charter or quired of him by the Metropoſit Council. - (i) To appoint such advisory boa as he may deem necessary or expedit to advise him in directing the adm istrative affairs of the city and goûm (j) To appoint a secretary and st deputies and employees in his office he may require. - (k) Upon the recommendation of head of any department, board offi court, commission or institution which any personal property of the g and county is not required for pub use, to sell said property at public at tion at such place within the city a Gounty as he may determine, after ºf days’ notice given by posting in thi public places in the city and coun and convey the same to the high bidder for cash, paying the procee into the treasury of the city and cou ty; provided, that if it be determiº by the Metropolitan Council that ºt property proposed to be sold does 1 exceed in value the sum of two hu dred dollars, or, if such property be prºduct of the city and county far the same may be sold by the Manag at private sale without advertising: (1) Whenever authorized by or nance of the Metropolitan Council. sell at public auction at suth pla within the city and county as he nº determine, after five days' notice giv by publigation in a newspaper of gº eral circulation, to the highest bid. for cash any real property belong to the city and county, and nºt quired for public use paying the ſº ceeds into the treasury of the cºunty, - º º º - SHER: FF * Sec. 70. There shall be a Sheriff who shall be appointed by the Manager. He shall receive an annual salary of four thousand dollars. He shall have and ºxercise all powers conferred and shall ischarge all duties imposed upon sher- *s of counties and cities and counties º Haw's of the State of California, ºpt as otherwise prºvided in this ter. In addition thereto he shall harge all duties which may be pre- bed by this charter or by the Man- ºr The Sheriff shall designate the vices to be performed by his depil- ºrs shall be a constabulary divi- ºne Sheriff's office which shall *nized as to give efficient and See protection to that por- Nty and county not in- * the territorial limits of º: - - - * be one Constable for the *uded within the boundar- ºresent ºwnships of Murray º £anton, on 3 Constable for the gº included within the boundar- the present township of Eden and Constable for the territory included thin the boundaries of the present township of Washington and such ad- ºlitional Constables as may be provided by the Metropolitan Council. Consta- bles shall be subject to the orders of the Sheriff and shall be ex-officio dep- uty sheriffs and their jurisdiction shall extend throughout the city and county. - CLERKº - - who He five and and Sec. 7+. There shall be a Clerk shall be appointed by the Manager. słall receive an annual salary of thousand dollars. He shall have exercise all the Fº conferred shall discharge all duties imposed - on county clerks of counties and cities and counties by the laws of the State of California, except as otherwise pro- vided in this charter. In addition ºthereto he shall be clerk of the Metro- ºpolitan Council and shałł discharge alſ duties which may be prescribed by this charter or by the Manager. TREASURER Sec. 72. There shall be a Treasurer who shall be appointed by the Manager. He shałł receive an annual salary of five thousand dollars. He shall have and exercise all powers conferred and shall discharge all duties imposed upon treasurers of counties and cities and counties by the laws of the State of California, except as otherwise pro- vided in this charter. In addition thereto he shall discharge all duties which may be prescribed by this chair- ter or by the Manager. He shall be the custodian of the moneys of the city and county and the several boroughs, and shall pay out the same only on warrants drawn by the Auditor. He inay deposit such moneys in such bank or banks as will pay the highest inter- est on the funds so deposited upon the deposit of bonds with such Treasurer, as provided by the laws of the State of California. He shali keep such books and records as may be prescribed by the Auditor. TAX COLLECTOR AND EX-OFFICH6 : Lic ENSE COLLECTOR Sea. Tº There shall be a Tax Col- lººr, who shall be ex-officio License Gößector, and who shall be appointed by the Manager. He shall receive an annual salary of five thousand dollars. He shall have and exercise all powers conferred, and shall discharge all du- | ties imposed upon tax collectors and ji- ºise cºllectºrs ºf gºinies ºn - - iwhenever required by the Manager. tip- and counties by the laws of the State of California, except as otherwise pro- vided in this charter. In addition there- to he shall discharge all other duties which may be prescribed by this chair- ter or by the Manager. - RECORDER Sec. 74. There shall be a Recorder who shall be appointed by the Man- ager. He shall receive an annual sal- ary of four thousand dollars. He shall have and exercise all powers conferred. and discharge all duties imposed upon recorders of counties and cities and counties by the laws of the State of California, except as otherwise provid-i ed in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this charter or by the Manager. - - - Photography shall be used in the re- cordation of all papers arid documents Sec. 75. There shall be a Coroner, who shall be appointed by the Man- ager. He shall receive an annual sal- ary of four thousand dollars. He shall have and exercise all powers and dis- charge all duties imposed upon public administrators of counties and cities and counties by the laws of the State of California, except as otherwise pro- vided in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this chair- ter or by the Manager. - U Bit C A D M ; NISTRATOR Sec. 76. There sha}} be a Public Ad- ministrator who shall be appointed by the Manager. He shall receive af, an- nual salary of four thousand dollars, He shall have and exercise all powers conferred and discharge all duties in- posed upon public administrators of counties and cities and counties by the laws of the State of California, except as otherwise provided in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this charter or by the Manager. The City Attorney shall be the attor- ney for the Public Administrator. The Public Administrator and his attorney shall collect all fees and commissions to which such officers are entitled un- der the laws of the State ºf California, and shall pay the same into the treas- ury of the city and county to the credit of the general fund. F#SH ANE GAME WARDEN . Sec. 77. There shall be a Fish and Game Warden who shall be appointed by the Manager whenever in his opin- ion the public welfare demands the services of such an officer. He shaki receive an annual salary of twelve hundred dollars. He shall have and exercise ºafi powers conferred and dis- charge all duties imposed upon fish and game wardens of counties and cities and counties by the laws of the State of California, except as otherwise provided in this charter. In addition. thereto, he shall discharge all duties which may be sº by this chair- ter or by the Tiage?". tº lºvE STOCK tº SPECTOR Sec. 78. There shall be a Live Stock Inspector who shall be appointed by the Manager whenever in his opinion the public welfare demands the ser- vices of such an officer. He shall re- ceive a salary of one hundred and twenty-five dollars per month. He shall have and exercise all powers con- ferred and dischargé all duties ini- posed upon live stock inspectºrs of counties and cities and ſºotinties by ºth ºwº-ºº º stºº gº ºf discharge as otherwise provided in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this charter or by the Manager; pro- vided, that the Manager may at any time consolidate this office with the of.- fice of Fish and Game Warden, and, in the event of such consolidation, said Fish and Game Warden shall have and exercise all powers conferred and dis- charge all duties impºsed by this sec- tion upon the Live Stock inspector. The salary of such consolidated office shall be fixed by the Metropolitan Council. SEALER OF WEHC HTS AND MEASURES Sec. 79. There shall be a Sealer of Weights and Measures who shall be ap- pointed by the Manager. He shall re- ceive an annual salary of three thou- sand dollars. He shall have and ex- ercise all powers conferred and shall all duties sealers of weights and measures of counties and cities and counties by the laws of the State of California, except In addºtion thereto, he shall discharge all duties which may be prescribed by this charter ºr by the Massager. HoRTICULTURAL cowſ Mission; ER Sec. 80. There shall be a Horticul- tural Commissioner, who shall be ap- pointed by the Manager. He shall re- prescribed by the Metropolitan Coun- ºil. He shall have all powers conferred and discharge all duties iniposed upon horticultural commissioners of counties and cities and counties by the laws of the State of California, except as oth- erwise provided in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this charter or by the Manager. - EMPLOYEES OF CCU fºr Y GR FiCES Sec. 81. There shall be allowed to the Sheriff, Clerk, Auditor, Treasurer, Tax Collector, Recorder, Assessor, Cor- oner, Sealer of Weights and Measures and Hörticultural Commissioner, until such time as classification of such of - fices shałł have been made by the Civil Service Commission, such assistance as shall be provided by the laws of the State of California, at the time this charter shall take effect for the Sher- Tax Collector, Recorder, Assessor, Cor- oner, Sealer of Weights and Measures and Horticultural Commissioner of the County of Alameda. - - - CITY AT TORNEY sec. 82. There shad be a city Attor- ney who shall be appointed by the Manager. He shall receive an annual salary to be fixed by the Metropolitan Council. He shałł be a qualified elector of the city and county and must have been such for at least three years next preceding his appointment. He must be an attorney admitted to practice in the courts of the State of California, and traust have been engaged in the active practice of law for at least five years next preceding his appointment. He shall be tha legal adviser, except in criminal matters, to the Metropoli- tan Council, the Manager, and all de- partments, boards and officers of the city and county and ºf the Boroughs of Albany, Alameda, Berkeley; Emeryville, {}akland, Piedmont and San Leandro, The City Attorney must prosecute and defend for the city and &ounty and for the several boroughs above named all actions at law or in equity and special proceedings for or against the city and county or any such bºrough, or in *high ºf £ity and gº gº sº. Suchºża-ºº-ºº: imposed upon as oths. Twise provided in this charter. ceive such compensation as may be iff, Cºunty Clerk. Auditor. Treasurer, *istrued borough may be legally interested, or for any officer of the city and county or the above named boroughs in any action or proceeding when directed so to do by the Manager of the Metro- politan Council or Board of Trustees of any such borough. Whenever any cause of action at law, in equity, or in any special proceeding shall exist in favor of the city and county or any of the above named boroughs, the City Attorney shall commence the same when within his knowledge or when directed so to do by the Metropºlitan Council or Borough Board of Trustees. |He shall give his advice or opinion in writing to any officer, board or con- mission of the city and county or of any of the boroughs above named when requested in writing so to do by such officer, board or commission. - The City Attorney shall approve by endorsement in writing the form of all official or other bonds required by this charter or by ordinance before the same are submitted to the proper body, board or officer for final approval, and no such bond shall be approved with- out such endorsement as to form by the City Attorney. He shall approve in writing the draft of all contracts be- fore the same are entered into by or on behalf of the city and county or any such borough. He shall not settle or dismiss any litigation for or against the city and county or any such bºr- ough unless upon written recordimentia- tion he is ordered to do so by the Metropolitan Council or by the Boart of Trustees of the borough concerned. The City Attorney shall discharge all other duties imposed upon him by this charter or which may be prescribed by the Manager or the Metropolitan Coun- cil. The City Attorney shall keep on file in his office copies of all written con- munications and opinions, given by him: to any officer, board or commission; copies of all papers, briefs arid train- scripts used in cases wherein he ap- pears; books of record and registry ºf all actions or proceedings in his charge. - The City Attorney shall appoint and may suspend or remove such assist- ants, deputies, clerks, stenographers, and other persons as the Metropolitan Council may provide. Such assistance shall not be subject to the civil service provisions of this charter. - Nothing in this seetion shall be gon- - to prevent the Metropolitan Council from employing such special counsel as may from time to time be The Cessary. The City Attorney, until such time as the Metrópolitan Council shall have provided the necessary assistance for his office, shall be allowed one assist- ant who shall receive three hundred dollars per month; two deputies who shall receive two hundred and fifty dol- lars per month each; aſſid two stenog- raphers who shall receive one hundred and twenty-five dollars per month each. A PUBLFC, DEFENDER Sec. 83. Whenever the Metropolitan Council shall have determined that the public welfare requires the services of such an officer there shall be g Public Defender who shall be appointed by the Manager. He shall be a - electºr of the city and county and ºrāśās have been such for at least three years next preceding his appointment. He must be an atterney admitted to prae- tice in all the cºurts ºf the State of qualifiedº-tº irºstboard, court, commission ºr institu **is w gaged in the active practice of the iaw for at least three years next pre- ceding his appointment. He must de- vote all his time to the duties of his office, and shall not engage in the praº tice of law except in the capacity of . Except as otherwise provided in this charter, the Public Defender shall have and exercise all powers and discharge all duties conferred or imposed by the laws of the State of California on pub- lic defenders of counties. In addition thereto, he shall discharge all duties which may be prescribed by this char- ter or by the Manager. - PURCHAS ING AGENT - Sec. 84. There shall be a Purchasing Agent who shall be appointed by the Manager. He shall receive an annual salary, to be fixed by the Metropolitar, Council of not less than four thousand dollars. He shall purchase, except as otherwise provided in this charter, all materials, supplies and equipment for aji departments, offices, boards, courts. commissions and institutions of the city and county and the several bor- oughs thereof. - - All departments, offices, boards, courts, commissions and institutions. shall, as soon as the annual appropria- tion ordinance shall have been adopt- ed, furnish the Purchasing Agent an es: tiºnate of the materials, supplies and &quipment required by each of them Guring the ensuing fiscal year. . The Purchasing Agent shall purchase and keep in the city and county store all materials, supplies and equipment which reasonably and advantageously may be kept in such store, and shałł issue such materials, supplies and equipment on requisition of the head iof the department, office, board, court, commission or institution requirițig them. Other materials, supplies and equipment shall be purchased by the purchasing agent upon the requisitiºn of the head of the department, office, board, court, commission ºr institutiºn requiring the same. - STANDAR piza, Tio N OF SUPPLIES Sec. 85. The Purchasing Agent shall terials, supplies and equipment re- guired for the conduct and operatiºn of ºil departments, offices, boards, courts, commissions and institutions of the city and eourity and of the several boroughs thereof. - - STORE FUND - Sec. 86. The Metropºlitan Council shałł provide the necessary working capital required for the purchase of timaterials, supplies and equipment for the city and county store. tº REQUISłºf ONS TO BE WITH IN - APPROPRIATIONS See: 37. The Purchasing Agent shall not furnish any materials, supplies or equipment for any department, office, board, court, commission or institution, unless there is an unencumbered balsº ance to the credit of such department. office, board, court, commission or ins stitution sufficient to pay therefor. TRANSFER OF FUNDS Sea. 88, All materials, supplies artéſ equipment required for the use of any department, office, board, court, mission of institution shºgidº the transferreºttºm tº find *Respective department. *:::: tº the credit of the store fund. Assisººcººnºsº ses, 89, The Metropolitan Council º standardize, as far as possible, all imar - goº - perience as such. superv ºver. with the necessary warehouses, offices and assistants. tºp ARTMENT OF PUBL-FC *Aſ ORKS Sec. 90. The Department of ºblig Works, except as otherwise provided in this charter shall have charge ºf all public work relating to streets, bridges, viaducts, tunnels and subways: street cleaning, lighting and wateriº sº. ers and sewage disposal; garbage and refuse collection and disposal; public buildings; all manner of public work: building inspection; the making and preservation of all surveys, maps, plans and drawings; the issuance of building permits; fire alarm and police tele- graph systems; an alectrical work ºf the city and county; and all other mat- †ers which may be assigned to it...by this charter or by the Metropolitan tºouncil with full power to order, do or perform all or any of such Wºk biºtic-roſſ of PUBLIC WORKS Sec. 31. There shall be a Director of Yºja works who shall be appointed by the Manager, and who shall be the head of the Department of Public works and ex-officio Surveyor and City Engineer. He shall be a civil engineer ºf not less than five years' practical ex: He shall have and sixercise all powers conferred and shall discharge all duties imposed upon City engineers and surveyors of counties, and of cities and counties by the laws of the state of California, and in addi- tion thereto he shall discharge such other duties as may be prescribed by this charter or Metropolitan Council. The department shall be organized into a Division of Roads, Streets and Sewers, a Division of Building Permits, a Division of Hålectricity, and such other divisions as may be deemed necessary for the efficient performance of the du- ties of the department. - Đi Vision of Ro Aps, STREETS º A Nº SEVA; ERS - Sec. 92. There shall be a Superin- tendent of Streets to be appointed by the H3irector of Public Works, who shall be the head of the Division of Roads. Streets and Sewers. This Division shall have charge of all road, street, bridge and sewer construction, maintenance and repairs, and of cleaning and water- ing the roads and streets, and of the collection and disposition of garbage. and other refuse within the city and county. i - DivisjöN OF BUILDING PERMITS A Nº || NSPECT: C N - Sec. 93. There shall be a Building In- by the ºpectºr to be appointed by the Director of Public Works, who shall be the head ºf the Tºivision of Building Permits and Inspection. This - Division shall have charge of all building permits and the enforcement of all laws and ordinances relating to buildings, except as other- wise provided in this charter. - - Eºivº SHON OF ELECTRECITY Sec. 94. There shall be a Chief Elec- #rician to be appointed by the Director ºf Public Works, who shall be the head f the Division of Électricity. This ivision shaft have charge and super- ºision over the cºnstruction and main- ºange of the fire alarm and -police &legraph systems; shall enforge all *ules, regulations, orders and require- iments in regard to the inspection and ision ºf electrical wires and ap- Hancés ºr furnishing fight, heat of: in, under, over or upon the is and buildings of the city and ºunty; shalf have change of the light- # and pºwer ºf the city and county; shall make tests and determine thematerials, supplies, light and heat-giving properties of gas used throughout the city and county: and shall have general charge and su- pervision over all municipal electrical matters. - - SPECIAL ASSESSMENT Sec. 95. Whenever any part of the cost of the construction, re-construc- tion, repair or maintenance of any structural work in the nature of a pub- lic improvement (including a public utility and work upon public streets) is to be paid for by special assessment on private property, the proceedings therefor shall be in accordance with and be governed by the general laws of the State of California, in force and effect at the time such proceedings are initiated, with the following excep- tions: First. All powers conferred and all duties imposed by the general laws of the State of California on city councils shall be performed by the Metropolitan Côtinoi1. - Second. All powers conferred and all duties in posed by the general laws of the State of California, upon the clerk of the city council shall be performed by the clerk of the city and county. Third. In street opening and clos- ing proceedings, officers or employees of the Department of Public Works shall be appointed commissioners and secre- taries and they shall serve without ad- ditional compensation. No attorney shall be appointed, but all duties in- posed on attorneys under the general laws of the State of California shall be performed by the City Attorney. Fourth. If at any time prior to the award of a contract the Metropolitan Council shall determine that it is for the public interest that the work be done by the city and county and not by contract, it may so order; and thereupon the work shall be done by the city and county under the direc- tion of the Department of Works, and the assessment and warrant there- for shall be issued in the name of the city and county. Assessments made in the name of the city and county shall be enforced in the same manner as are assessments provided in the general laws of the State of California gov- erning the work. No assessment under this provision shall be for more than the cost of the work plus incidental ex- penses, all as determined by the Su- perintendent of Streets prior to the making of the assessment. º ROAD DESTRICTS Sec. 96. The Metropolitan Council shall divide that portion of the city and county not included within the boundaries of any borough into suitable road districts; and may change the boundaries thereof. Such road districts shall be governed as provided by the laws of the State of California, except that the Director of Públic Works shà11 exercise the powers and duties that now are or hereafter may be conferred or imposed by such laws upon rºad commissiºners and county surveyors: The Metropolitan Council shall have all power which now is or hereafter may be conferred tip on county boards of sta- ervisors relating to the levy of taxes a such rºad districts. - º CORPORATION YARES Sec. 97. The Director ºf Public Wºrks with the approval ºf the Metropolitan Council, shałł select, establish and maintain some convenient place of places in the city and county which słail be known as the Corporatiºn. Yards and wherein shałł be kept all machinery belonging to the city and county to be used in repairing, clean-f ing or sprinkling the streets, or for any imprºvement thereon, or for any other necessary municipal construction pur- 90Se, - LETTING OF CONTRACTS Sec. 98. The Metropolitan Council shall prescribe the method of letting contracts for all public work required by law to be let by contract. POLICE DEPARTMENT Sec. 99. There is hereby greated a Policãº)epartment of the city and coun- ty, which shall consist of a Chief of Police and as many subordinate offic- ers and such policemen and employees as may be prescribed in the manner provided by this charter. - The Chief of Police shall be appointed by and shall hold office at the pleasure of the Manager. POWERS AND DUT | ES OF CHIEF OF POLICE Sec. 100. The Chief of Police shall be the head of the Police Department and shall be charged with the manage- ment and direction of the Police De- partment, with full power to detail any of the mernbers of the Department to such public service as he may direct; he shall have and exercise such other powers and duties connected with the office as may be assigned to him by the Metropolitan Council. The juris- diction of all officers and employees of the Police Department shall extend throughout the city and county. - SALARIES - Sec. 101. Salaries of all of the em- ployees of the Department shall be uni- form for each rank and grade in the department, as classified by the Civil Service Commission, and shall be fixed by the Metropolitan Council. The num- ber, duties, and salaries of the police force in the Boroughs of Hayward, Livermore and Pleasanton shall be es- tablished by the Boards of Trustees of such boroughs, - PRESENT Polic E of FICERs To CONTINU E i Nº FORCE Sec. 102. The members of the police forge of the municipalities of Ala- meda, Albany, Berkeley, Emeryville, Oakland, Piedmont and Šán Leandro on the thirtieth day of June, 1928, shall be retained in the same grade or like grades and at the same salaries then existing until they shall have been re- classified, promoted, demoted, or re- moved, as provided in this charter. WCMEN'S DEVISION Sec. 163. The Chief of Police shałł organize a Women's Division in the Po- lice Department. All cases involving women, either as plaintiff, defendant or complaining witness, must be re- ferred immediately tº the Women’s Di- vision. The Manager shall appoint a wºman as Director of the Women's Di- vision. In all gases involving women she shall have and exercise all the pow- ºrs cºnferred and discharge all the duties imposed upon inspectors of the Police Department. The Director of the Women's Division may appoint, subject to the civil service provisions of this charter, such assistants as may be al- Howed by the Metropolitan Council. - - FIRE DEPARTMENT Sec. 364. There is hereby created a Fire Department ºf the city and county, which shali consist ºf a Fire Chief and as many Sºbºrdinate officers and such firemen and employees as may be pre- scribed in the magiſter provided in this £harter. º - º - - The fºre Chief shall be appºintedºy of the Department the Manager. - - The Fire Chief shall be the head of the Fire Department and shall be charged with the management and di- rection of the Fire Department, with full power to detail any of the members of the Department to such public servº ice as he may direct; he shall have and exercise such other powers and duties connected with his office as may be as- signed to him by the Metropolitan Council. The jurisdiction of all offi- cers and employees of the Fire Tepart- ment shall extend throughout the city &nd county, º There shall be such fire houses, ºn- gines and other apparatus and equip- ment, and such firemen and other em: ployees of the Department, as shall be determined by the Metropolitan Couri- cil. - - Salaries of all the employees shall be uni- form for each rank and grade in the Department as classified by the Civil Service. Commission and shall be fixed by the Metropolitan Council. The Fire Departments of the Bor- oughs of Hayward, Livermore and Pleasantom shall be under the juris- diction and control of the respecti boards trustees of such borºughs. Nothing in this charter shall be taken to prevent the Fire Chief or the boards of trustees of the Horoughs of Hay- ward, Livermore or Pleasanton from making use of volunteer firemen, whose of organization and discipline shall be regulated by ordinance. - The Metropolitan Council, upon the recommendation of the Fire Chief, shall adopt rules for the government, equip- ment and uniform of the officers, em- ployees and members of the fire de- partment. SALARM ED MEMBERS OF THE FIRE DEPARTMENT CONTHNU E D ! N FORCE Sec. 105. Salaried members of the fire departments of the municipalities of Alameda, Albany, ºerkeley, Emery- ville, Oakland, Piedmont and San Le- andro, won the thirtiºth day of June, 1923, shall be retained in the same grade or like grades and at the same salaries then existing until they shall have been reclassified, promoted, de- noted or removed, as provided in this charter. - CHV1 L SERVICE COMMISSION Sec. 106. There is hereby created a Civil Service Commission, consisting of three electors of the city and county who shall serve without compensation. The Mayor first elected after the adop- tion of this charter shall, within two Weeks after taking office, appoint three electors of the city and county as men- bers of the Commission, one to serve for two years, one for four years, and one for six years, to take office as soon as appointed and qualified. Thereafter members of the Commission shall be appointed by the Mayor to serve for terms of six years and until their suc- Gessors have been appointed and have qualified. If a vacancy shall occur in the office of Commissioner it shall be filled by appointment by the Mayor for the unexpired term. . º OFF}CERS OF THE COMMISSION Sec. 107. The Commission shallºdes- ignate one of its members as President, shall appoint a Chief Examiner who shall be ex-officio secretary, and may appoint such other employees as the Commissiºn may deem necessary. The salaries ºf the Chief Hºminer end all ºther employees ºf ºf Commission implements ºianá ºf hºà ºffice at the ºleasure ºf shall he fixed by the Cºrnmission. 7 CLASSIFICATION Sec. 108. The civil service of the city and county is hereby divided intº º unclassified and the classified ser. vice. --- The unclassified service shall include: 1. All officers elected by the people. 2. The Manager. 3. All heads of departments. - 4. The members of all appointed boards and commissions. 5. All persons serving the city º county without compensation. All assistants, deputies and othº employees in the offices of the Distºl Attorney and of the City Attorney. 7. All officers of election. 8. All deputies and secretaries Manager. - - 9. The Secretary to the Maypº 10. All Borough Clerks, ºyº The classified service ºr prise all positions not sp. cluded by this charter in t fied service; provided, that a vacancy requiring peºut, Čeptional qualifications of a professional or expert charao satisfactory evidence that gon. is impracticable and that the pº - of sº º vegan best be filled by the selection person of recognized attainments, tº Commission, upon the recommendatiºn of the Metropolitan Council or of the Manager, may suspend competition, but no such suspension shall be general in its application to such position, and all such cases of suspension shall be re- ported by the Commission, together With the reasons therefor, to the Met- ropolitan Council. - DUTHES OF THE CIVIL SERVICE º CºMºMº i SS GN Sec. 109. It shaft be the duty of the Civil Service Commission: - º 1. To provide for the standardization and glassification of all positions in the classified civil service. The classifiea. tion into groups and subdivisions shal be based upon and graded according tº the duties and responsibilities of such positions, and shall be so arranged as to permit the filling of the higheſ grades through promotion. All salaries shall be uniform for like service in each grade as the same shall be elassified and standardized by the Commission. Nº standardization or glassification of salaries shall become final until ap- proved by the Metropolitan Countil and no salaries shall be paid except in accordance. with such standardization and glassification. The Metropolitar Council shall not approve any standard. ižation or classification of salaries un: til at least thirty days after it shal have been submitted to the Metropol. itan Council by the Commission fºot the purpose of making the initial stan. dardizatiºn and classification, the Met. ropolitan Council, upon the request ºf the Commission, shall furnish tº the Commission such assistance as may be Hºssary. - : 2. To prepare and hºld open compet. ifive examinatiºns in order to test the relative fitness of all applicants fºr ap. pointment to the classified civil service APPC NTMENTS Sec. 110. Whenever a position in the competitive classified civil service is tº be filled, the appointing authorit; shalf motify the Commissiºn of that fact, and the Commission shall certify to such authority the names and ad. dresses ºf the three candidates starº ing highest ºn the eligible list fºr the glass ºr grade to which such positiºn elongs. The appºinting authºrity shal ºpgirit ºne ºf the three persºng cer. tºfºº to him tº such pºsitiºn. _ Civil L SERVICE EMPLOYEES see, 111, All persons in the employ of the County of Alameda or of any municipality therein at the time this charter shall take effect, whose posi- º it is designed by this charter to i include in the classified civil service, shall, unless otherwise provided in this & charter, and subject to demotion, Šuš: * persion and removal, continue to hold their respective positions pending the º fication thereof and the determin- lation of the class and grade of said em- ployees. - - * , | PREFERENCE - - Sec. 142. Whenever in a competitive made a º mination the total rating of any who has engaged in the military sº service of the United States Civil War, Spanish-Ameri- ºsſippine Insurrectiºn, China tion, or War against Ger- ūstria, and has been hon- 3rged from such service, is of others passing the ex- ºwho have not engaged in age, then that person shall £erence over all others of the ...ating, and the appointing au- sy shall be required to follow such reſence in appointing to the position a question. - R.E.Mov AL AND SUSPENSION sea. Hº. Any officer or employee in the classified civil service may be re- moved or suspended by the Manager or other appointing authority, and may be suspended for a period not to exceed three days by the head ºf the départ. ment in which he is employed, but said officer or employee, within five days after such removal or suspension, shall be furnished upon his demand, with a wºitten statement of the reasons there: for, and a copy of such statement shall be filed with the Commission and be part of the records thereof. POLITICAL ACTIVITY Sec. 414. No officer or employee of the city and county shall directly or in- directly make, solicit or receive, or be in any manner concerned in making, soliciting or receiving any assessment, subscription, or contribution for any political party or any political purpose whatsoever. No person holding a poº sition in the classified civil service shall take any part in political management or affairs in any political campaign or election, or in any campaign to adopt or reject any initiative or referendum measure other than to east his vote or privately to express his opinion. Any employee violating the provisions of this section shall be removed forth with from office. - INVESTIGATIONS - Sec. 115. The Commission, for the purpose of carrying into effect the civil service provisions of this charter, shall have power to investigate the conduct and operation of any department or board, and to subpoena and require the attendance of witnesses and the pro- auction of books and papers, and to ad- minister oaths. Any person failing to obey its subpoena or refusing to testify or produce books or papers required of him shall be deemed to be in contempt and the Commission shall have power to take such proceedings in the punish- ment thereof as may be taken by boards of supervisors as provided by the laws of the State of California. º RULES see, 116. The Commission shall have power to adopt such rules as may be necessary and proper for the enforce- charter. - SCHOOL. Di ST Ricº's Sec. 117. All school districts, high school districts, union high school dis- tricts, and joint union high school dis- tricts, existing within the County of Alameda at the time this charter shall take effect, are hereby continued in existence. governed by One Board of Education and one Superintendent of Schools, chosen as hereinafter provided. The boundaries of any or all of said dis- tricts may be changed, or any or all of said districts may be consolidated, or new districts may be organized in the manner provided by the laws of the State of California. BOARD OF EDUCATION Sec. 118. There is hereby created a Board of Education which, except as otherwise provided in this charter, shall be the governing body of all school, high school, union high school, and joint-union high school districts within the city and county. For this purpose, except as otherwise pro- vided in this eharter, the Board of Ed- ucation shall have and possess all pow- ers and be charged with all duties now or hereafter conferred or imposed by the Constitution and laws of the State of California upon county boards of ed- ucation, trustees of common school districts, boards of education in city school or city high school districts, and governing boards in high school, union high school, and joint union high school districts, composition OF BOARD OF - EDUCATION Sec. 119. The Board of Education shall consist of nine School Directors who shall be appointed by the Mayor, one from each council district, and two at large from the entire city and county. Ali School Directors shall serve without compensation. Of those School Directors first appointed under the pro- visions ºf this charter, three shall be appointed to serve and hold office until 12 o'clock noon on the first Monday after the first day of January, 1925; three to serve and hold office until 12 o'clock moon on the first Monday after the first day of January, 1927, and three to serve and hold office until 12 o'clock noon on the first Monday af- ter the first day of January, 1929. Thereafter, as the terms of the Sehool Directors expire, their successors shall be appointed by the Mayor for terms of six years and shall hold office until their successors shall have been ap- pointed and shall have qualified. If a vacancy shall occur in the office of School Director, it shall be filled by ap- pointment by the Mayor for the re- mainder of the unexpired term. Such appointee must be a resident of the council district in which the vacancy occurs, unless the vacancy shall have occurred in the office of School Director at large, in which case such appointee may be a resident of any district in the city and county. Each School Director must have been an elector of the city and county for not less than one year next preceding his flººn" - - S Sec. 120. The Board of Education first appointed under the provisions of this charter shall hold its first meeting in the rooms of the Board of Education in the City Hall of the present City of Oakland at #0 o'clock a. m. on the sec- ond Monday following its appointment by the Mayor. At such meeting the Board of Edueation shall organize and ment of the foregoing provisions of this -- All of said districts shall bel. holding of regular meetings. All meet- ings of the Board of Education shall be open to the public, and the minutes and all books of the Board of Eöſtica- tion shall be open at all reasonable times for public inspection. No meet- ings shall be held except at such regu- lar place of meeting. Absence from three consecutive reg- ular meetings, unless excused by the Board of Education, shall operate to va- cate the office of any School Director so absent. º Special meetings may be called at any time by the president of the Board of Education, or by any two School Di- rectors, upon written notice to each School Director, served personally upon him or left at the place designated by him on the books of the secretary (which designation must be made to and a record thereof kept by the sec- retary) at least twenty-four hours be- fore the time of the proposed meeting. Each notice must specify the subjects to be considered, and no other business shall be transacted at such meeting, QUORUM Sec. 121. A majority of the Board of Education shall constitute a quorum for the transaction of business, but no act of the Board of Education shall be valid unless a majority of all the School Di- rectors concur therein. PROCEDURE OF BOARD OF E DUCATION Sec. 122. The Board of Education, ex- cept as otherwise provided in this charter, shall determine its rules of procedure. It shall keep minutes of its proceedings. The vote upon all mat- ters coming before the Board of Educa- tion shall be taken by ayes and noes and entered upon its minutes. OFFICERS OF BOARD OF - EDUCATH ON Sec. 123. The Board of ePºducation shall elect one School Director as Presi- dent of the Board. The President first elected under the provisions of this Charter shall hold office until the first Monday after the first day of January, 1924, and thereafter the President shall be elected by the Board for the term of One year. º The Board of Education shall also elect a Superintendent of Schools who shall be ex-officio Secretary of the Board of Education. No School Director shall be chosen as Superintendent of Schools during the term of office for which he shall have been appointed. During the absence or disability of the Superintendent of Schools the Board of Education shall designate some prop- erly qualified person to perform his duties POWERS Cº SUPERINT ENDENT OF SCHOOLS Sec. 124. The Superintendent of Schools shall be the executive officer of the Board of Education, and, except as otherwise provided in this charter, he shall possess all powers and be charged with all duties now or hereafter con- ferred or imposed by the Constitution and laws of the State of California on county superintendents of schools and superintendents of schools of city school districts, high school districts, union high school districts, and joint union high school districts, and such other duties as may be prescribed by the Board of Education. He shall be re- sponsibie tº the Board of Education for the proper and effigient conduct and operation of all public schools and for the efficient administration of all the provideº for a tº ºne and place for the offices of the Beard of Education. No appointment, transfer or dismissal of any school employee shall be made by the Board of Education except upon recommendation of the Superintendent of Schools. It shall be the duty of the Superintendent of Schools to make an- hually to the Mayor a financial re- port, segregated by districts, and such other reports as the Board of Education may require, which reports shall be published in pamphlet form for general distribution. SCHOOL BU DGET Sec. 125. The Superintendent of Schools, at such time as the Board of Education may direct, shall submit to the Board a detailed estimate of the expenditures required for the proper support of education for the ensuing year of each of the school districts, high school districts, union high school districts, and joint union high school districts, into which the city and county may be divided, which estimate shall include the expenditures required to be made on account of the Board of Education and the office of the Superin- tendent of Schools, and all other sums estimated to be required for outlay for new buildings, repair of buildings and grounds, including equipment, and for increasing generally the school facili- ties of the several districts, and such other items as may be required by the Board of Education. The Board of Education thereupon shall examine said estimate and adopt the same with or without annendments as it may deem proper, and certify the same to the Auditor. Claims to be paid from the school fund must be based on vouchers ap- proved by the Board of Education. Clvi L SERVICE sec. 126. The Superintendent of Schools, all assistant Superintendents of Schools, and all employees of the Board of Education who are now or hereafter may be required by law or by rule of the said Board to have teach- ing certificates, shall be included in the unclassified civil service, shall be ap- pointed by the Board, and may be sus- pended, demoted, or removed by the Board. All other employees of the Board shall be included in the classified civil service and shall be appointed by the Board. SCHOOL BUILD # NGS - Sec. 127. Whenever the Board of Education shall have determined upon the construction, , alteration or repair of any school building or addition to any school building, the Board shall file with the Department of Public Works a de- tailed requisition for such construction, alteration or repair. . . - The Department of Public Works thereupon shall prepaire, in accordance with the requisition, plans, specifications and estimates and submit the same to the Board of Edu- cation for approval. - The Board of Education then may approve or reject such plans, specifica- tions and estimates. If not approved, such plans, specifications and estimates shall be referred to the Department of Public Works, which shall make the necessary changes and corrections and shall re-submit to the Board of Educa- tion the plans, specifications and esti- mates, as corrected, - When the Board of Education shall have apprºved such plans, specifica- tions and estimates, and such approval shałł have been endorsed thereon, they shałł be filed with the Eepartment of Pºlis Wºrks, which shałł proceed ini- the necessary; |salaries shall be fixed by the boards mediately to perform York ... in accordance there with, within the limits of appropriations made therefor by the Metropolitan Council. The Department of Public Works. upon the completion of said work, shal notify the Board of Education of such completion, and said Board thereupon shall examine such work. If the work Conforms to the plans, specifications and estimates approved by the Board, the necessary the work shall be accepted by the Board, and the cost of the work, in- cluding supervision thereof, shall be charged to the proper school fund of the district in which the work was performed. * - PURCHASE OF SUPPLIES AN EQU'ſ PMENT - Sec. 128. The purchase of all ma- terials, supplies and equipment shall be made by the Purchasing Agent of the city and county upon ãº. re- quisitions of the Board of Education. BOARD OF LIBRARY TRUSTEEST See: 129. There is hereby created a Board of Library Trustees which shali Consist of seven members who shali be appointed by the Manager, and who shall serve without compensation. of those library trustees first appointed under the provisions of this charter two shall be appointed to Serve and hold office until 12 o'clock noon on the first Monday after the first day of Jan- gary, 1925, two to serve and hold of.- ſige until 12 o'clock noon on the first Monday after the first day of jan. ºlºry, 1927, and three to serve and hold ºffice until 12 o'clock noon on the firs: Monday after the first day of January, 3.29. Thereafter, as the terms of the library trustees expire, their successors shall be appointed by the Manager to serve and hold office for terms of six years and until their successors shali have been appointed and shali have qualified. If a vacancy shall occur in the office of library trustee it shall be filled by appointmént by the Manager for the remainder of the unexpired term. Each library trustee must have been an elector of the city and county for not less than one year preceding his appointment. FOWERS AND DUTHEs of BoARD OF LIBRARY TRUSTEES Sec. 130. The Board of Library Trus- tees shall have the exclusive Iłlahāgº- ment and control of all libraries, read- ; rooms, museums and art galleries belonging to or operated by the cit and ºounty or any borough thereof. º:cept in the Boroughs of Hayward Livermore and Pleasanton. The board shall have the power to make and en- force such rules and regulations, riot inconsistent with the provisions of this gharter, as it may deem necessary for the efficient performance of its duties. With respect to all libraries, reading rooms, museums and art galleries, un- der its direction, the board shah have and exercise all powers and shali be charged with all duties now or here. after conferred or imposed by the Con- stitution and laws of the State of Gali- fornia upon boards of library trustees of counties, cities, cities and counties and towns, so far as such laws are not inconsistent with the provisions of this charter. - º - - All professional employees of the board sha.It be included in the unclassi: fied civil service, their number ºf † within the limits of the appropriations made by the Metropółitan Council for libraries: reading rooms, raûseums and ºrt galleries, and they shall be ap- ºnfed by the board and may be sus- - - pended, demoted, or removed by it. All ºther officers and employees of the board, subject to the civil service pro- visions of this charter, shall be ap- jointed by the board, and may be sus- Pended or removed by it. The purchase of all materials, sup- iies and equipment for libraries, read- ng rooms, museums and art galleries in the city and county, excepting man- useripts, pictures, prints, statuary and ºther works of art, curios and objects of exhibition, shall be made by the purchasing agent of the city and gounty upon detailed requisitions of the Board of Library Trustees. . The board shall have power at any time to sell or exchange books, period- jeals, manuscripts, pictures, prints, statuary or other works of art, exhib- its, curios or other objects of exhibi— tion, and all moneys received from such sales or exchanges shall be paid into the library fund. Li BRARY BU LD 1 NGS Sec. 131. Whenever the Board of Library Trustees shall have determined upon the construction, alteration or repair of any library, reading room, imuseum, or art gallery or any additi thereto, the board shrall file with thré Department of Public Works a detailed requisition for such construction, alter- sations or repairs. The Department of Public Works shall ºthereupon prepare in accordance with such requisition the necessary plans, specifications and estimates and submit the same to the Board of Li- brary Trustees for approval. The Board of Library Trustees may then approve or reject such plans, specifications and estimates. If not approved, said plans, specifications and estimates, shall be referred to the De- partment of Public Works, which shall *ake the necessary changes and cor- rections and shall re-submit the plans, specifications and estimates as cor- tºº, to the Board of Library Trus- £eS. - . - When the Board of Library Trustees shall have approved such plans, speci- fications and estimates, and such ap- proval shall have been endorsed there- on, they shall be filed with the Depart- ment of Public Works, which innine- diately shall proceed to perform the Jiecessary work in accordance there- with within the limits of appropria- tions made therefor by the Metropoli- tan Council. - Upon the completion of said work, the Department of Public Works shall no- tify; the Board of Library Trustees of said completion, and said board shall thereupon examine such work. If the ‘work confºrms to the plans, specifica- tions and estimates approved by the board, the work shall be accepted by the board, and the cost of the work, in- cluding supervision thereof, shall be charged to the library fund. - DEPARTMENT OF PUBLIC HEALTH, HOSPITALS AND SOCIAL - WELFARE Sec. 132. There is hereby created a Pépartment of Health. Hospitals and Social Welfare which shall be under the ºxclusive management and cºntrol of a pard of Health, Hospitals and Social Welfare. Said board shall consist of geven members who shałł be appointed by the Manager and who shali serve without compensation. Of those members first appointed tin- der the provisions of this charter three ghall be appointed to serve and hoid of- fige until 12 o'clock hoon ºn the first Monday after the first day of January. 5925; and four to serve and hoid offiée until 12 o'clock noon on the first Mon- day after the first day of January, 1927. Thereafter, as the terms of the mem- bers expire, their successors shall be appointed by the Manager for terms of four years, and shall hold office until their successors shall have been ag- pointed and shall have qualified. If a vacancy shall occur in the office, of members of the board, it shall be filled by appointment by the Manager for the unexpired term. - The board shall organize the depart- ment into a Division of Public Health, a Division of Social Welfare and a Di- vision of Hospitals. The board shall have power to make and enforce such rules and regulations as it may deern necessary for the effi- cient performance of its duties, and to create other divisions of the work under its jurisdiction. All officers and em- ployees of the department shall be in- cluded in the unclassified civil Service and their number and salaries shall be fixed by the board with the approval of the Metropolitan Council. Said . of- ficers and employees shall be appointed by the board and may be suspended, dis- ciplined, demoted, or removed by it. Division of PUBLIC HEALTH Sec. 133. There shall be a Health Of- ficer, who shall be ex-officio head of the Division of Public Health. He shall be a graduate of a reputable medical col- lege or shall have received, a degree, or certificate in public health from the University of California or an Institu- tion of like standing. He shall have practiced medicine or shall have been actively engaged in public health. Work for at least five years prior to his ap- pointment. - The Health Officer shall be the chief executive officer of the Division of Pub- lic Health, and shall have general su- pervision over all its functions. He shall be especially charged with the execution within the city and county of the laws of the State of California and the rules and regulations of the State Board of Health thereof in all matters pertaining to the public health, including the inspection of plumbing. Under àe direction of the Board of Health, Hospitals and Social Welfare, he shall have such powers and duties as may be conferred on health officers and boards of health by the laws of the State of California, or as may be pre- scribed by ordinance of the Metro- politan Council. The Health Officer and such employees of the division as shall be designated by him shall have, in respect to violation of the health regulations of the State and of the city and county, all powers of police officers of the city and county. Division of SOCIAL WELFARE Sec. 134. There shall be a Director of Social Welfare who shall be the head of the Division of Social Welfare. Under the direction of the Board of Health, Hospitals and Social Welfare, this division shall investigate, deter- mine, and supervise the giving of re- Hief to ałł persons applying for county aid and shall devise ways and means for restoring them to self-support when possible, and may receive and ex- pend private funds or bequests for chair- itable purposes; shall have charge of the administration of State aid within the city and county; shall have charge of all municipal lodging houses and Wood yards; shall have power tº inspect and make regulatiºns for boarding homes for children, child-plaging agencies, mater- nity hospitals, and all other private in- stitutions of similar character; may in- vestigate all charities dependent upºn public appeal or general solicitatigri for support, provided that nothing in this section shall apply to appeals made for funds by or for church organizations; and shall co-operate with the juvenile court, the probation office and the pro- bation committee, and act as a co-ordi- nating agency for all relief and other welfare societies in the city and county. All standards of investigation, record and care shall be in accord with those required by the State Board of Chari- ties and Corrections. All supplies distributed under the direction of the Division of Social Wel- fare may be purchased, at the discretion of the Director of Social Welfare, either in the open market or through the Pur- chasing Agent. - DIVISION OF HOSPITALS Sec. 135. There shall be a Director of Hospitals who shall be the head of the Division of Hospitals. He shall be a graduate of a reputable medical college and shall have practiced medicine for at least five years prior to his appointment: Under the direction of the Board of Health, Hospitals and Social Welfare, this division shall have the exclusive management and control of all hospitals, infirmaries, sanitoria and health centers supported by funds of the city and county. CiTY PLANNING COMMISSION Sec. 136. Whenever, in the opinion of the Manager, the public welfare shall require the services of such a commis- sion he may appoint a City Planning Commission to consist of three mem- bers, who shall serve without com- pensation. It shall be the duty of such City Planning Commission to advise and recommend to the Man- ager the design and location of works of art which may become the property of the city and county; to ad- vise the Metropolitan Council as to the plan, design, and location of public buildings, bridges, viaducts, street fix- tures, and other structures and appur- tenances, the removal, re-location and alteration of any such works belonging to the city and county, the location, ex- tension and platting of streets, parks and other public places and of new areas, and the preparation of plans for the future physical development and im- provement of the city and county. ARK COMMISSION Sec. 137. There is hereby created a Park Commission which shall consist of five members who shall be appointed by the Manager and shall serve without compensation. Of those members first appointed under the provisions of this charter, two shall be appointed to serve and hold office until 12 o'clock noon on the first Monday after the first day of January, 1925, and three until 12 o'clock noon on the first Monday after the first day of January, 1926. Thereafter, as thèir terms expire, commissioners shall be appointed to serve for terms of two years, or until their successºrs are ap- pointed and have qualified. If a vacancy shaft occur in the 6ffice of commissioner it shall be filled by appointment by the Manager for the unexpired term. The Commission shall annually elect one of its members as president, who shall hold office for one year, or until a successor is appointed and has quali- fied. - - - The Commission shall hold regular meetings and shall establish rules and regulations for the performance of its duties. powers OF PARK COMMISSION: Sec. 338. Except as otherwise pro- vided in this charter, and except in the Boroughs of Hayward, Livermore and Pleasanton, all Harid and water parks, public pleasure grounds, reservations, * - |without compensation. boulevards, parkways and all grounds surrounding public buildings, now owned or controlled by the County of Alameda, or by any incorporated city or town within said county, or that hereafter may be established or acquired by the said city and county or any borough thereof (excepting properties now or that may hereafter be set apart for play or recreation centers), also the planting, care, maintenance and control of all sidewalks, areas or borders of roads wherein or whereon trees, shrubs, or other plants are now or hereafter may be grown, shall be under the ex- clusive management and control of the Park Connaission. - The Commission shall have power, subject to the rules and regulations of the Civil Service Commission, to ap- point and discharge such officers and employees of the Park Commission as may be provided by the Metropolitan Council. The Commission may adopt aſhā en- force such rules and regulations, not inconsistent with the provisions of this charter, as it may deem necessary for the efficient performance of its duties, and shall have the exclusive manage- ment and control of all funds legally apportioned to or otherwise received by: the Park Commission, except that such fund or funds may not be used for the purchase of land or water for park pur- poses until authorized by the Metropol- itan Council. The Commission shall have the exclu- sive right to cause to be erected on property under its jurisdiction build- ings and structures for park purposes; provided, however, that, with the ap- proval of the Park Commission, the Metropolitan Council may erect, or cause to be erected, any municipal buildings thereon. The Commission shall have power to grant any concession in any park or parks under its jurisdiction for a period not to exceed one year where, in the opinion of the Commission, the granting of such concession will promote the use of said park or parks for pleasure pur- poses. RECREATION COMMISSION Sec. 139. There is hereby created a Recreation Commission which shall con- sist of five members who shall be ap- pointed by the Manager and shall serve Of those com- missigners first appointed under the provisions of this charter, two shall be appointed to serve and hold office until 12 o'clock noon on the first Monday after the first day of January, 1925, and three until 12 o'clock noon on the first Monday after the first day of January, 1926. Thereafter, as their terms ex- pire, commissioner's shall be appointed to serve for terms of two years or until their successors shall have been ap- pointed and shall have qualified. If a vacancy shall occur in the office of corn- missioner, it shall be filled by appoint- º: by the Manager for the unexpired errº. - The Commission shall annually elect one of its members as president, who shall hold office for one year or until * a successor shall have been appointed and shall have qualified. - The Commission shall hold refºilar meetings, and shall establish º and f regulatiºns for the performance its duties, - º - ºPOWERS OF RECREATION ... COMMISSION: Sec. 140. All playgrounds, summer camps, recreation centers, and bathing beaches now owned or cºntrolled by the |tion through purchase, Hor other - thereby s County of Alameda, or any incorporated city or town within the county, or that hereafter may be established or acquired by the city and county or any borough thereof, whether such playgrounds, sun- mer camps, recreation centers, or bath- ing beaches be situated within or with- out the city or county, also those por- tions of public parks or water parks and grounds around public buildings which now are or hereafter may be ºs- signed to the Recreation Commissiºn, shall be under the exclusive control and management of the Recreatiº Commission. The Commission shall have the rig) at any time to use for play, recreat" or boating purposes the surface ºf water park of Lake Merritt, , that the Park Commission inº such portions of the north- of said lake as it may der for the protection of wild fo The Commission shall ha to use for play, recreation, purposes such structures on of Lake Merritt as now are play, recreation, or boating put, The Commission shall have pow appoint and to suspend, demote, or move such officers and employees sº the Commission as may be provided by the Metropolitan Council. Such officers and employees shall be included in the unclassified civil service. The Commission shall have power to: grant concessions in or upon any play- ground, Summer camp, recreation gén- ter, or bathing beach for a period not to exceed one year where, in its opin- ion, the granting of such concession will promote the use of such play- ground, summer camp, recreation cem- ter, or bathing beach for play or recre- ation purposes. - In addition to the powers hereihabove conferred, the Commission shall have power to conduct walking and outiº excursions to points within or without the limits of the city and county; to organize and conduct play and recrea- tion activities, leagues, tournaments and pageants in or upon any play- ground, summer camp, recreation gen- ter, or bathing beach, or in or upon any athletic field, gymnasium, swim- ming pool or other suitable place, the temporary use of which may have been loaned or leased to the Commission for play or recreation purposes; and to con- duct summer camps within or withºut the city and county; provided, however, that no money shall be expended for permanent improvements without the limits of the city and county, unless ºft shall have been specifically appropri- ated for that purpose by the Metropol- itan Council. The Commission may adopt and en- force such rules and regulations, not inconsistent with the provisions of this charter, as it may deem necessary for the efficient performance of its duties. DEPARTMENT OF PUBLIC SERV - ACQUISITION OF ESSENTIAL * PROPERTIES Sec. 141. It is hereby declared to be the intention of the people of the city and county to acquire by suitable ac- condemnation, gonstruction, or otherwise, all the prop- erties essential to supply themselves with light, power, water, transportation. utility facilities whenever it appears that the public interest will be erved. - ORGANIZATION Sec. 142. There is hereby created a Department ºf Public Service which _* º | 0 ºfter, as the terms of the members ex- - ſº shall be under the management and positrol of a Board of Public Service Commissioner, Said board shall con- sist of five members who shall be ap- pointed by the Manager and who shall serve without compensation. Of those members first appointed under the pro- visions of this charter, two shall be appointed to serve and hold office until 12 o'clock noon on the first Monday º ºte: the first day of January, 1926, and three to serve and hold office until 12 º noon on the first Monday after tºe first day of January, 1929. There- ºire, their successors shall be appointed * the Manager for terms of six years, Until their successors shall have - ointed and shall have qualified. \ on said board shall be filled ~ went by the Manager for the tierra. º Powers **The board shall have power Sºnd enforce such rules and ºf as it may deem necessary ºfficient performance of its du- ... ºd shall organize the Department ºuch divisions as the work under º jurisdiction may require. It shall ºve power when directed by the Met- * ropolitan Council to make preliminary investigations regarding the acquisition of local facilities and of alternative sources of supplementary or principal supply to provide the inhabitants of the city and county with an ample supply of water for its domestic, industrial, municipal, fire protection or other uses authorized by law. The board shall have pºwer, except as otherwise provided in this charter, to acquire and construct utilities with the consent and approval of the Metro- politari Council; to operate, maintain, manage and control every utility (ex- pepting those under the jurisdiction of tºe Board of Harbor Commissioners) owned by the city and county, whether wholly within or without, or partly within and partly without, the city and county; to fix rates (subject to ratifi- cation or modification by ordinance of the Metropolitan Council), rentals, gharges and classifications; to make and enforce rules and regulations, con- tracts, practices and schedules for or in connection with any service, product or commodity owned or controlled by the city and county, and to exercise and perform such other powers and duties as may be cºnferred or imposed by this charter or by the Metropolitan Coun- ºft. It shall have power, subject to the civil service provisions of this charter, to appoint and to suspend or remove such officers and employees of the De- partment of Public Service as may be provided by the Metropolitan Council. The board shall have power, with the approval ºf the Metropolitan Council, to sell, supply or distribute any surplus product of any utility operated by the city and county, not required for use therein, to consumers outside of the city and county, and to enter into con- tracts for that purpose. The board shall have power, with the approval of the Metropolitan Council, to enter into a contract or contracts ith any ºther city, eity and county, r district owning a suitable and ade- guate water supply for the joint con- struction, tºaintenance and operation of the works necessary to develop and #raºnit said supply, and for the de- tº. tº the city and county of such ortiºns ºf said ibilatiº ºwned supplies as shall be in accordance with its pres- ent and future needs, or for the pur- chase upon the order of the Board of Public at wholesale rates, under an agreement with any city, city and county, or district, of water in sufficient quantity for the present and future needs of the city and county under sat- isfactory guarantees of delivery. REVENUE FROM UTILi'ſ IFS Sec. 144. All moneys received, col- lected or arising from the exercise of the powers herein conferred upon the Board of Public Service Commissioners shall be deposited in the city and county treasury to the credit of a fund to be known by the name of the utility operated, and shall be kept separate and apart from other moneys of the city and county. No money shall be drawn from such fund or funds except Serviee Cornmissioners, except as here- in otherwise provided in this charter. Ex|STING MUNICIPAL. UTILITIES Sec. *145. All public utilities owned, operated or controlled by the County of Alameda or by any municipality there- in at the time this charter shall take effect shall be subject to the jurisdic- tion of the respective boards of trus- tees of the boroughs in which such util- ities may be situated, and shall con- tinue to be subject to such jurisdic- tion, under rules and regulations pre- scribed by such boards of trustees un- less and until acquired by the city and county at an agreed price, ratified by a majority vote of the qualified electors of such boroughs. All revenue earned by such utilities while under the juris- diction of said boards of trustees shall be deposited in the treasury of the city and county as and when directed by said boards of trustees, and shall be held in separate funds, and shall be drawn out only upon warrants coun- tersigned by the officials duly author- ized by the respective boards of trus: tees. HARBOR DEPARTMENT Sec. 146. There is herºy created a Harbor Department which shall be tin- der the management and control of the Board of Harbor Commissioners. Said board shall consist of five members who shall be appointed by the Manager and who shall serve without compen- sation. Of those membel's first ap- pointed under the provisions of this charter, two shall be appointed to serve and hold office until 12 o'clock noon on the first Monday after the first day of January, 1924, and three to serve and hold office until 12 o'clock noon on the first Monday after the first day of Jan- uary, 1925. Thereafter, as the terms of the members expire, their success- ors shall be appointed by the Manager for terms of two years, and shall hold office until their successors shall have been appointed and shall have quali- fied. Vagancies on said board shall be filled by appointment by the Manager for the unexpired term. The board shall have the pºwer to make and enforge such rules and regu- lations as it may deem necessary for the efficient performance of its duties, and may organize such divisions of the department as the work under its juris- diction may require, The Board of Harbor Commissioners shall have and exercise full controi and management of the waterfront, harbor and navigable waters of the city and county and all property contiguous to the waterfront owned or cºntrolled by to fix and collect rates, tolls, dockage and all other charges; to grant licenses and privileges; to construct or to acquire by purchase and to maintain and oper- ate belt lines of railroad along the waterfront or elsewhere in the city and county, with the necessary spurs and connections for the purpose of connect- ing railroads, warehouses, factories, or other business industries and enter- prises, with each other and with docks; to provide a plan for the development of the waterfront, harbor and navigable waters of the city and county and all property contiguous to the waterfront owned or controlled by the city and county; to exercise all powers neces- sary or convenient for the development, control and management thereof, and to exercise such other powers and per- form such other duties as may be con- ferred or imposed by this charter or by the Metropolitan Council. The board shall have power, upon ap- proval by ordinance of the Metropolitan Council, to lease any portion of the waterfront or harbor of the city and county or property contiguous to the waterfront owned or controlled by the city and county. No lease, license or privilege shall be granted of that por- tion of such waterfront, harbor or prop- erty contiguous thereto, lying between the Southern Pacific and Western Pa- cific piers. No lease, license, or priv- ilege of unimproved waterfront or hair- bor property, or property contiguous to the waterfront owned or controlled by the city and county shall be granted for a term exceeding fifty years, and no lease, license, or privilege of improved waterfront or harbor property or prop- erty contiguous to the waterfront owned or controlled by the city and county shall be granted for a term exceeding five years, unless such lease, license, or privilege shall first be approved by a majority vote of the electors of the city and county voting upon said pro- position at a general or special election. All mºneys received or collected or arising from the exercise of the pow- ers herein conferred upon the Board of Harbor Commissioners shall be de- posited in the city and county treasury to the credit of the harbor fund, and shall be kept separate and apart from all other moneys of the city and coun- ty. Moneys shall be drawn from said Harbor fund only upon the order of the Board of Harbor Commissioners, except as otherwise provided in this charter. The Board of Harbor Commissioners shall have power; sºject to the civil service provisions ºff this charter, to appoint, and to suspend, or remove such officers and employees of the Har- bor Department as may be provided by the Metropolitan Council. PUBLIC UTii-tºry BoARD Sec. 147. In the event that the people of the city and county re-invest them- selves with the power to fix rates now exercised by the State Railroad Com- mission, the Metropolitan Council shall have power to create a Public Utility Board whenever, in the opinion of said Metropolitan Council, the public well- fare demands the services of such a board. Said board shall consist of three members who shall be appointed by the Manager and who shall serve without compensation. The board first appointed shall so classify themselves by lot that one member shall hold office for two years, one for four years, and one for six years. Thereafter members the city and county, inchºrding the power to establish zones and fairways; of the board shall be appointed for the terms of six years. Vacancies sha}} be filled by appointment for the unex- pired term. The board shall organize by electing one of its members Presi- dent, who shall office for one year and until his successor is elected. POWERS AND DUTHES Sec. 148. The powers and duties of the Board of Public Utilities shall be as follows: (1) To make and enforce such rules and regulations as it may deem neces- sary for the efficient performance of its duties. (2) To fix, subject to approval, change or modification by the Metro- politan Council, the rates to be charged and collected by all persons, firms or corporations operating or maintaining public utilities within the city and county (excepting wharves, docks, Warehouses and other utilities pertain- ing to the waterfront, the harbor, or to ºther navigable waters in the city and County), such rates to be so fixed for such periods as may be prescribed by law or ordinance, but in no event for a period less than one pear or for a period longer than three years. (3) In addition thereto" such board shall discharge all duties which may be prescribed by this charter or by the Metropolitan Council. LEASE OF LANDS Sec. 149. The Metropolitan Council may provide for the lease of lands now or hereafter owned or controlled by the city and county. All leases (ex- cepting those applicable to the water- front, harbor and navigable waters of the city and county, and all property contiguous to the waterfront) shall be granted by ordinance adopted by a five-sevenths vote of the Metropolitan Council to the person, firm or corpora- tion offering to pay the highest rent therefor to the city and county during the term of the lease; said offers shali be received only at public auction, after publication of notice thereof, for five days, which publication shall state ex- plicitly the terms and conditions of the proposed lease. - - PROPERTY - RiGHT’s iNAL ENAELE Sec. 150. The rights of the city and county in and to its waterfront, wharf prºperty, land under water, public buildings, wharves, docks, streets, highways, public parks and all other public places, except as otherwise pro- vided in this charter, are hereby de- clared in alienable. GRANT OF FRANCHISE Sec. 151. No person, firm or corpora- tion shall exercise any franchise, per- rait or privilege mentioned in this chair- ter, except insofar as he or it may be entitled to do so by previous grant thereof lawfully made or by direct au- thority ºf the Constitution of Califor- nia or of the Constitution or laws of the Eſnited States, in, upon, over, under Ör along any street, highway or other public place in the city and county un- less he or it shall have obtained a grant therefore in accordance with the provisions of this charter, Every franchise, permit or privilege to erect or day telegraph or telephone any other privilege whateve? hereafter proposed to be granited by the Metropolitan Council, shall be granted upon the terms arid conditions in this charter provided, and upon such fur ther and other terms and conditions, riot inconsistent with the provisions hereof, as the Metropolitan Council ercise |Shall prescribe. APPLICATION FOR FRANC HiSES Sec. 152. The applicant for any fran- chise, above mentioned, shał1 file with the Metropolitan Council an application therefor, and thereupon said Metropoli- tan Council shall advertise the fact that said application has been made oncé a day for ten consecutive days in one or more newspapers published and cir- culated in the city and county, which publication must be completed not less than twenty nor more than thirty days before any further action can be taken, thereon. corn bºrions OF GRANT Sec. 153. The advertisement must state the character of the franchisé proposed to be granted, the term for which it is granted, and the routs tº traversed; that sealed bids will bº received therefor and will be opened at a stated time and place, and that the franchise will be awarded to the bids der offering to pay the city and couns ty, during the life of the franchise, the highest percentage of the net ari- nual receipts arising from the use, op- eration or possession of the same; pro- vided that such net annual receipts shall be determined by deducting from the gross annual receipts collected from any and all sources under arid by virtue of such franchise all operating and maintenance costs, taxes, insurange and a reasonable depreciation, estiº mated on the value of the property of the grantee used or useful or of pros spective usefulness in the public ser- vice. - compUTATION of PERCENTAGE . of RECE; PTS FOR CERTAIN RA4LROADS Sec. 154. If the franchise is for a street, suburban, or interurban rail- road, or for automotive transportation, which shall extend beyond the limits of the city and county, then, and in that case, the percentage of the ne: annual receipts herein specified shałł be computed or reckoned, as follows: The total length of the said railroad, or routes traversed, within and with- out the city and county shall be com- pared with the iength of the railroad, or route traversed, covered by the fran- chise proposed to be granted the length in each case being estimated in equive alent single track mileage. From the total length of the said railroad, of route traversed, within and without the city and gotinty shall be taken the length of the railrºad, or route tra.” versed, covered by the franchise pro- posed to be granted, and that propor- tion of the net annual receipts of the entire railroad, or route traversed, which the entire length of the railroad, or route traversed, has to the length of that portion then covered by the pro- wires, to construct, maintain or oper-Hposed franchise shall be taken as the ate street, suburban or interurban rail- reads, to operate and maintain auto- motive transportation, toº lay pipes for the purpose ºf providing heat, light or power, to erect or install poles or wires for transmitting electric energy along. upon, over, in or across any street. late, alley, cºurt, highway, road, park or public place, ºr in any pipe ºrºgon- tlet receipts upon which the percentage bid for said frainchise shal; puted and paid. - * EID DING FOR FRANCHESES See: 155. At the time of ºpening the sealed bids, firm ºr gorporation may bid for siełł franchise not less than one-half of ºne her cent (43%) ºf the net a hittai re- duit in this city and county, or to ex- ceipts for the entire terrº of the frail- be colºi- any responsible person, chise above the highest sealed bid therefor, and such bids so made may be raised not less than one-half of one per cent (34%) of said net annual re- ceipts for such entire term by any. other responsible bidder, and such bidding may continue until finally such fran: chise shall be struck off, sold and awarded by the Metropolitan Council to the person, firm or corporation offer: ing the highest percentage of the said net annual receipts arising from the use, operation or possession of said franchise; provided that if, in the judg- inent of the Metropolitan Council no adequate or responsible bid has been made, the Metropolitan Council may withdraw such franchise from sale Or advertise for new bids, and, provided urther, that no bid for the payment of ess than two per cent (2%) of said het annual receipts shall be accepted. DEPOSIT AS GUARANTY Sec. 156. Every application for a franchise under this charter and every bid except that of the applicant shall be accompanied by a cash deposit of two thousand dollars or a certified check for said amount, payable to the Clerk of the city and county, and Čer- tified to by some responsible bank, as a guarantee of the good faith of the applicant or bidder, and as a fund out of which to pay all expenses connected with such application and the granting of such franchise. - - if no award is made, all expenses in- curred by the city and county in Con- nection with such application shall be paid out of the deposit of such appli- cant, and if an award is made such ex- penses shall be paid out of the deposit of the successful bidder, and the bal- ance, if any, returned. BOND OF EACH B DDER Sec. 157. The successful bidder for any franchise struck off, sold and awarded under this charter shall file a bond, running to the city and county, executed by a surety company author- fzed to act as sole surety, under the flaws of the State of California, to be approved by the Metropolitan Council, in a penal sum to be by it prescribed and set forth in the advertisement for bids, conditioned that such successful hidder shall well and truly observe, ful- fill and perform each and every term and condition of such franchise, and that in case of any breach of any con- dition of such bond the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and surety upon said bond. Said bond shall be filed with the Metropolitan Council within ten (10) days after such franchise is awarded, and upon the filing and approval of such bond, the said franchise shall by said Metropolitan Council be granted by ordinance, subject to the referendum provisions of this charter, to the per- #on, firm or corpºration to whom it has been struck off, sold and awarded, and in case such bond shall not be so filed, said fºanehise shall be set aside and any money deposited in connection with the application for the franchise shall be forfeited, and the franchise, in the discretion of said Metrópolitan Council, shall be re-advertised and again of- fered fºr sale in the same manner and ††ider the same restrictions as were: prescribed for the granting franchise in the first instance. - FREE COMPETH THQ tº HN B. DDENG Segi ſã8. Nº clause or condition ºf of said chise offered or sold under the terms of this charter which shall directly or indirectly restrict free and open compe- tition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale which shall in any wise favor one person, firm or corporation as against another in bid- ding for the purchase thereof. LiFE OF FRANCH ISE Sec. 159. Every franchise may be granted, either for a determinate or an indeterminate period, subject always to the right of the city and county to ag- quire, purchase and possess the prop- erty of the grantee as hereinafter pro- vided. COMMENCEMENT AND COMPLE = THORN OF WA/ORK Sec. 160. Work to erect or lay tele- graph or telephone wires, to construct street, surburban or interurban rail- roads, to lay gas pipes for the purpose of carrying gas for heat, light or power, to erect or lay wires for transmitting electric heat, light or power, or to ex- ercise any other privilege whatever a franchise for which shall have been granted in accordance with the terms and conditions of this charter, shall be commenced in good faith within not more than eight months from the granting of any such franchise, and if not so commenced within said time, said franchise so granted shall be de- clared forfeited, and shall be complet- ed not more than two years thereafter, and if not so completed within said time, said franchise so granted shall be forfeited, provided that for good cause shown the Metropolitan Council may, by resolution, extend the time for completing the same, RIGHT OF CITY AND COUNTY To - PURCHASE - Sec. 161. Every franchise shall be granted upon the express condition that the city and county may, at a valua- tion fixed and determined as hereinaf- ter provided, assume ownership by pur- chase and take over to itself the prop- erty used and useful of the franchise grantee, his or its successors and as- signs, and upon giving said grantee six months written notice of its intention So to purchase and take over said property, which written notice shall be given only when authorized by ordin- ance of the Metropolitan Council. The valuation of such property used and useful and owned by the grantee at the time of the giving of said six months written notice, as aforesaid, shall be fixed by the Railroad Commission of the State of California, or its successors in interest; provided that in fixing the valuation no allowance shall be rºade for the franchise or for good wiłł or going concern value. To this valua- tion shall be added the cost of all addi- tions, extensions and betterments, and from this valuation shall be deducted the value of property sold or aban- and fixed by the said Railroad Commis- sign, during the time elapsed between the giving of said notice and the actual taking over said properties, which final ºf: determined and com- puted shall be the valuation a tº which such property may be acquired by the city and county. No convºy ANEce NEcEssa Rºy For CFTY AND COUNTY CW NERSHHP Sec. 162. Every ordinahºe granting any franchise shałł provide that the city arid county may take over to itself and become the owner of the property and pºlarit of any granteeſ as provided in this any kind shall be inserted in any fran- - charter, withotif the executiºn ºf any - doned, and depreciation as determined instrument or conveyance. The grant- ing ºf the franchise shall be set forth in all ordinances granting franchises as a valuable consideration, for which the grantee, his successors and assigns, *śrees to cºnform to the terms and gon- ditions of the said ordinance, - L-EASE OR ASSIGNMENT OF FRANCHESE Sec. 163. No franchise granted by the city, and county shall be, in whole or in part, leased, assigned or otherwise dis- posed of, or transferred without the ex- Press consent of the city and county, and no dealings with anyone on the part of the city and county to require the performance of any act or payment of any compensation by anyone shallº be deemed to operate as such consent; pro- vided that nothing herein shall be con- strued to prevent the grantees of such franchise from the city and county from including it in a mortgage or trust deed executed for the purpose of obtaining money for corporate business. STREET, SPRINKLING AND PAVING Sec. 164. Every grant of any fran- chise in, over, under or along any street, highway, or public place in the city and courty for railroad, street railway, suburban or interurban railway pur. poses, shall be subject to the conditions that the yersons, firm or corporation ex- ercising for enjoying the same shall Sprinkle, plank or re-plank, pave or re- paye, macadamize or re-macadamize the entire length of the street, highway, or other public place used by the track or tracks of such railroad or railway, and between the rails, and for two feet on each side thereof, and between the tracks, if there be more than one, and keep the same constantly in repair, flush, with the street, and with good Crossings; and such street work shall be done with the kind of materials and in such manner as the Metropolitan Coun- cil may direct, at the same time and as a part of the same operation as the work on the remainder in width of said street, highway or other public place, to the satisfaction of the superintendent of streets; provided, however, that, when in the opinion of the Metropolitan Council the space between the rails and tracks of the grantee and two feet on each side thereof or any portion of the same is not required for purposes other than railway traffic, the same need not be paved in like manner as the re- mainder of the street or public place, but shall be treated as the Metropolitan Council may direct. - EXAMINATION OF COMPANY’s BOOKS: AU ºf T #65. All ordinances, granting franchises shall provide that the grantee, his successors and assigns, shall keep vouchers, records, and books of accounts, so as to clearly exhibit the net annual receipts of such grantee. The city and county, by and through its Manager or such other agents as may, from time to time, be appointed by the Manager, or Metropolitan Council, shall have the right at all reasonable times to examine all the books, vouchers, records and other papers of all persons, firms or corporations exercising or en- joying any franchise. A refusal to keep said books, vouchers and records in the manner proºided above or to produce for inspectiºn in the eity and county said books, vouchers and records at all real- sonábíe times for examination by the Maſſager, or other agents appointed by Sec. the Manager, or Metropºlitan Council, shall work a forfeiture of the said fram- chise. ANNUAL REPORTS OF COMPANY Sec. 166. Every persºn; firm or cor- ºration operatiºg any business inder a franchise shaft file annually with the º Mariager on such date as shall be fixed by the Metropolitan Council a report for the preceding year. Sugh report shall be in writing, veri- fied by the affidavit of such person or persons, or officer of the corporation, |as the Metropolitan Council shall direct, tain and shall cºntain a statement, in such form and details as from time to time shall be prescribed by the Metropolitan Council, of all the net receipts arising from all the business done by said per- son, firm or corporation under said fran- Chise within the city and county for the year immediately preceding such report. Such report shall contain such further statements as may be required by the Metropolitan Council concerning the character and amount of business done under said franchise. BOOKS OF RECORDS AND REFERENCE Sec. 167. The Manager shall provide and cause to be kept in the office of the Clerk of the city and county, a franchise record, indexed, and of proper form, in which shall be transcribed accurate and correct copies of all franchises granted by the city and county to any person, firm or corporation owning or operating any public utility. The index of said record shall give the name of the grantee and thereafter the name of any assignee thereof. Said record shall be a cornplete history of all franchises granted by the city and county and shall include a comprehensive and convenient reference to actions, contests, or pro- ceedings at law, if any, affecting the sarºne. - PAYMENT OF NET RECEIPTs Sec. 168. The stipulated percentage of net annual receipts provided in this charter to be paid for the use and en- joyment of any franchise shall be paid on the first day of July of each and every year. Failure to pay such per- centage shall work a forfeiture of the franchise, at the option of the Metropoli- tan Council. - FORFEITURE FOR NON- - COMPLIANCE Sec. 169. Every ordinance granting any franchise shall provide for the ter- mination and forfeiture thereof for any breach or failure to comply with any of the terms, limitations or conditions thereof, and in all such cases the Metro- pºlitan Council shall have power to de- Cláiré the termination and forfeiture of any such franchise the same as though in each instance such power was ex- pressly reserved; and wherever the charter shall provide that any ordi- nance granting a franchise shall con- any terms or conditions whatso- ever, the said terras and conditions sha II be considered as included in said fran- chise, whether or not specified in the ordinance granting said franchise. LHM ITATIONS ON WATER FRONT FRANCHESES Sec. 170. No exclusſye franchise, ex- Čept for the purpose of constructing or maintaining or operating railroads, wharves, docks, slips, quays, drydocks, graving docks, shipyards or marine rail- ways or the appurtenances necessary to each and all of them, shall be granted by the city and county or the Metropol- itan Courº 1 to, in, over or upon any. portion of the bedſ of the Bay of San Francisco or of the Estuary of San An- tonio, or ºf the Bay of San Leandro. All franchises for railroads to, in, ſon, over or upon any portion of the bed of the Bay of San Francisco or the Es- tuary of San Antoniº, or the Bay of San Leandre shałł be subject to the right of any and all other rail- rºads ºr railrºad companies to have their cars switched and transported by the ºperators ºf railroads under such franchises, to designated points and fº designated purposes, onto and over all tradiºs operated under said franchises, upon payment of a reasonable compen- sation for such switching and transpore tation. Provided, however, that no waterfront franchise shall be advertised for sale or granted by the Metropolitan Council unless such proposed franchise shall have been approved by the board of harbor commissioners and said board shall have recommended to the Metro- politan Council that said franchise be granted. SWITCH ING RIGHTS - Sec. 171. All franchises for the º struction or maintenance or operati of any railroad, other than stree roads, shall contain a stipula condition that all other pers or corporations, building o ing or operating other is street railroads) in the ciº and all persons, firms ºf desiring to avail themselve, its ºf privileges and rig. by any such franchise shalſ 1 mon right to have their car and transported by the holder of such franchises on railroat, constructed or maintained or op under the terms of such franchise; such tracks shall be operated on equa, and reasonable pro rata rates with equal facilities for such purposes, and such rights, rates and facilities shall be extended without discrimination to aſ persons, firms and corporations desiring the same. - FRANGH!3 ES NOT IN USE º FOPAFEITED - sec. 172. All franchises heretofºre granted by the County of Alameda ºr any marticipality therein, which are not in actual use or enjoyment or which the grantees thereof have not in good faith. commenced to exercise, shall be and be- come forfeited and invalid, unless such, grantees or their assigns shall, within, six months after this charter shall tako, effect, in good faith commence the --- ercise and enjoyment of such franchise. OTHER CONDITIONS MAY BE FM- POSED BY METROPOLITAN COUNCIL Sec. 173. Nothing in this charter shall be construed as prohibiting the Metropolitan Council from inserting in any ordinance granting any franchise such other conditions or requirements not inconsistent with the provisions of this charter, as the Metropolitan Coun- cil mºry desire to insert therein or the people may by the initiative indicate their desire to have so inserted. F. R A N C H H SES FOR RAILROADS. OTHER THAN STREET, SUBUR- BAN OR NEHSPAN RAIL. - O S Sec. 174. The Metropolitan Council: may grant franchises for the construtº tion, maintenance and operation of rail- roads other than street railroads, subur- ban railroads or interurban railroads along, upon, over, In, under ºr across any street or streets or other public. place in the city and county but only in the manner and upon the terms and conditions next hereinafter set forth, that is to say: The provisions of Sectiºn 150 relating to property rights of the city and county; ºf Sectiºn 152 relating tº appli: gations for franchises; of Section 159; relating to life of franchises; of Sºtion 160 relating to cºmmencement and cºm: - pletion of work; of Section 161 relating: to the right of the eity and cºunty tº purchase; of Section 162 relating tº cºnveyances; of Section 163 relating tº leases and assignments ºf *françºisés; of Section 164 relating tº stººet ºnk.”º _* - i. ai #n ave shºt sejº jºine first rºbid greater than the amount of the highest ºral fing, cleaning and paving; of Section 167 relating to books of regórds and reſº- ºf Section 163 relating to forfeit. ºre and non-compliance; of Section 179 elating to limitations on waterfront ºranchises; of Section 171 relating to ºwitching rights; of Section 172 relating to forfeiture of franchises not in use: nº ºf Section 173 relating tº additional ºditions, shall apply to and gºverh, all anchises granted for the construction, ºintenance or operation of any rail- foºd, including railroads other that: sººt railroads, suburban railroads and Sºerurban railroads. - ºrovided, that the application of the *ions of said Section 152 (relating - gations for franchises) to the \ of franchises for railroads **ilroads, shall be subject to tiºrmº that is to say: That in- Susſºp Wing bids for a percentage #F#Thºnnual reºeipts, as provided ; and *Section 152, the franchise ºarded to the bidder offering ºści the city and county, during ºfeº of the franchise, the highest arº annual rental, and the adver- ºnt shall so state, and that in the * juding of bids above the amount of the increased must be at least five per cent sealed bid.; - - And provided that in the application for the granting of any franchise for railroads other than street railroads, suburban or interurban railroads, the rovisions of said Section 161 (relating 9 fights of the city and county to pur- chase) shall not be construed as re- tiuiring stagh franchise to pèrmit the city and county to take over to itself any of the rotlig stock or other movable prop- erty of the grantee, his successors or assigns, used in the enjoyment of such franchise. - - R.E.S.ETTLEMENT FRANCHHSE º 175. The Metropolitan Council is *reby empowered to provide for a gen- re-settlement of the franchise ights of, and to grant re-settlement franchise or franchises to, any person, irmºor corporation actually engaged in operating street, suburban or interurban railroads in said city and county, upon written application therefor, and upon such terms and conditions as are in this charter prºvided, and upon such further and other terms and conditions, not in- consistent with the provisions hereof, as it shall prescribe, - PASSAGE AND APPROVAL OF RE- SETTLE MENT FRANCHISE Sec. 176. Every such re-settlement franchise shall be granted after such publication and upon such notice as in this charter is prescribed for the grant- ing of franchises generally, after the final passage of the ordinance granting such resettlement franchise, the same shall be referred and submitted by ordinance to the vote of the electors of the gify and county, at any general or special election next ensuing within not ſess than twenty days after the pas- sage of such ordinance, or, if no general prºspecial election is to be held in the city and county within a period of not less than twenty days, and not more than ninety days after such final pas- gage, the Metropolitan Council may call a special election for the purpose of submitting said ordinance to the electors as a foresaid, Said special election shall be held not ièss than thirty days and not more than ninety days after such fºnal passage. No such re-settlement ſººn- thise ordinance shall go into effect ºne til thirty days after the final pas hereof, nor until ten days after nai approval thereof by a majoritº - any ºt. º tors voting thereon at . eral or special election at which the Sånne may be submitted for such ap: proval, nor shall such re-settlement ordinance become effective until and unless accepted in writing by the granz tee thereof within five days following such final passage or final approval, as the case may be. PAYMENT OF NET ANNUAL RE- CE; PTS FOR RE-SETTLEMENT FRANCH ISES Sec. 177, Every such re-settlement franchise or franchises shall confer upon the grantee thereof the right to occupy the roads, streets, highways, avenues, lanes, alleys, courts and other public places, of the city and county, particularly set out and described in the ordinance granting the same, for the purpose of conducting, operating and maintaining thereon street, suburban or interurban railroads, subject to the right of the city and county to acquire and possess, by purchase, the property of said grantee as provided herein; pro- vided, however, that said grantee shall on the first day of July of each and every year pay to the city and county Sugh percentage of the net, annual re- ceipts collected from any and all sources under and by virtue of such franchise or franchises as shall be agreed upon and fixed in the ordinance granting such franchise, Such net annual revenue shall be determined by deducting from the net annual revenue received from all sources under said re-settlement franchise all operating and mainte- nance costs, taxes, insurance and a real- sonable depreciation allowance upon the value of such properties as are used or useful in the operation of said railroad. NEW FRANCHI SES AND - EXTENSIONS Sec. 178. The Metropolitan Council may, in such re-settlement franchise, provide that any new franchise granted to the holder of such re-settlement fran- |chise shall be considered as part of such re-settlement franchise. CONSOLIDATED OR A N N EXED TERRITORY Sec. 179, The Metropolitan Council tnay, in such re-settlement franchise, provide, in the ease of consolidation or annexation to the city and county of any territory not included in said City and county at the date said re-sett Te- ment franchise is granted, that affy franchise to operate such street, subur- ban or interurban railroad, or any part thereof, held or claimed by the holder of such re-settlement franchise, for any portion of such consolidated or annexed territory, shall thereupon be surrendered to the city and county, and the rights arić obligations of such re-settlement franchise shall thereupon automatically extend to such additional territory, and that a valuation for the purpose of pub- lic acquisition of the properties used and useful in the operation of such street, suburban or interurban railroad in the area, so consolidated or annexed and not included in the capital valua- tion already fixed in the ordinance granting such re-settlement franchise, shall be added to the capital amount of such re-settlement franchise at the valuation fixed by the Railroad Commis- sion of the State of California, or its successor in interest, and otherwise de- termined as provided in this charter. SURRENDER OF EXISTING - FRANCH ISES - Sec. 30. §hise shałł provide that the grantée thereof shall surrender all franchises or rights owned or claimed by the grantee to occupy such portion of the oads, streets, highways, avenues. nes, alleys, courts and places as it is ºroposed such street, suburban or in- Every re-settlement fran- terurban railroad shall thereafter ocº under the provisions of such re-settle- ºf franchise, and that the graº sºil accept in lieu thereof, the rights and privileges granted by such Te-Set- fiómént franchise as a franchise for the continued operation of such street, su- burban or interurban railroad Within the iimits of the city and county of such portion thereof as had the vetofore been operated under the franchise Or franchises surrendered. - LiFE OF RE-SETTLEMENT FRANCH ISES - sec. 181. Every such re-settlement franchise may be granted for an indeter: minate or determinate period subject always to the right of the city and county to acquire and possess the property of the grantee as herein pro- vided. PURCHASE BY CITY AND - - COUNTY Sec. 182. Every re-settlement fran- chise shall be grazzoº, upºn tºe express condition that the city and county may, at a valuation fixed and determined as hereinafter provided, assume owner: ship by purchase and take over and possess the property used and useful of the franchise grantee, his or its suc- cessors and assigns, upon giving. such grantee six months written notice of its intention to purchase and take over said property, which written notice shall be given only when authorized by ordinance of the Metropolitan Coun: oil. The valuation for the purpose of public acquisition of such property used and useful and owned by the grantee at the time application is made for such re-settlement franchise shall be fixed, on application of the city and county, or of the applicant for said franchise, by the Railroad Commission of the State of California, or its suc- cessor in interest, provided that in fix- ing the valuation no allowance shall be made for the franchise or for good will or going concern value. The valuation of such property as fixed by the Rail- road Commission of the State of Cali- fornia shall be set forth in the ordin- ance granting such re-settlement fran- chise, in which case readjustment from time to time of said valuation may be made, to which valuation shall be add- ed the cost of all additions, extensions, and betterments, and frºm which valu- ation shall be deducted the value of property sold or abandoned, and depre- Giation to be determined and fixed, in accordance with the provisions of the ordinance granting the franchise, and annually charged to the capital value of said property. All expenses of such valuation by the Railroad Commission of the State of California, or its success- ors in interest, shall be paid by the applicant for such re-settlement fran- chise. AMENDMENT OF RE-SETTLE- MENT FRANCHSE - Sec. 183. Any re-settlement från- chise may be amended from time to time in the manner hereinabove pre- scribed for the granting of a re-settle- ment franchise, provided that such amendment shall not be effective unless âccepted in writing by the grantee of such re-settlement franchise. GRANT OF CTHER FRANCHSES Sec. 184. Nothing in this charter shall be construed as a prohibition against the city and county granting other franchises for transportation of suburban or interurban railroads, and nothing in this charter shall be con- passengers by means other than street, i. ty from itself constructing, operating and maintaining street, suburban or in- terurban railroads, or from construct- ing, operating and maintaining other means and methods of transporting passengers and freight than by street, suburban or interurban railroads. REVENUE AND TAXATION: FiSCAL YEAR The fiscal year mentioned on the Sec. 185. in this charter shall commence first-day of July of each year. EST MATES OF ANNUAL REQUIRE- MENTS N EACH DEPARTMENT Sec. 186. On or before the first Mori- day in April of each year the head of every department, office, court, district, board and commission of the city and county and of each borough shall file with the Auditor an estimate, in writ- ing, of the amount of expenditures, specifying in detail the objects thereof, required in such department, office, court, district, board, commission or borough, including a statement of all salaries. AUDITOR'S ANNUAL EST MATE OF REVENUE AND EXPEND ITU RES Sec. 187. On or before the last Mon- day in April of each year the Auditor shall transmit to the Manager an esti- mate, in writing, of the expenditures of the city and county and of the sev- eral boroughs thereof for the next ensu- ing fiscal year, as determined by the reports filed as provided by the preced- ing section. Said estimate shall con- tain an estimate of the probable rev- enue of the city and county and of the several boroughs thereof, exclusive of taxes upon property, classified in detail according to sources, the amounts nec- essary to meet the interest and prin- cipal of all bonded indebtedness, and the following information arranged in parallel columns: - (a) Detailed estimate of the expense of conducting each borough, depart- ment, office, court, district, board and commission as submitted by the re- spective boroughs, departments, offices, courts, districts, boards and commis- sions. - - (b) Expenditures for corresponding items for the last two fiscal years. (c) Expenditures for corresponding items for the current fiscal year, in- cluding adjustments due to transfers between appropriations, plus an esti- mate of the expenditures necessary to complete the current fiscal year. - (d) Such other information as the Manager may require, -- Said estimate also shall include an estimate of the probable amount re- quired to be levied and raised by taxation. The estimates required by clauses (a), (b) and (c), above shall, in accord- ance with standard forms and classific cations prepared by the Auditor for this purpose, be so segregated and classified, separately, as to show the estimated expenditures of each borough, depart- ment, office, court, district, board and commission, including each public util- ity owned or operated by the city and tºº. or any borough thereof; accord- ling to : - - (1) organization units. - § Functions performed. - (3) Character of expenditures, i. e., whether capital outlay or operating ex- pense, - (4) Detailed objects of expenditures: MANAGER'S ANNUAL EST MATE OF REVENUE AND EXPEND ITURES Sec. 188. The Manager, on or before the third Monday in May of each year. strued as prohibiting the city and couri: shall submit to the Metropºlitan Côtiſi- yº cil and to the board of trustees of each borough a budget for the ensuing fiscal year covering the estimated revenue and expenditures of the city and county arid of each of the boroughs thereof, separately, the estimated amount required to main- tain each of the following departments; or functions of government: Police, fire, cleaning and maintenance of streets, sewers, and storm drains, lighting of streets, garbage disposal, li- braries, parks and playgrounds, ſº shall also set forth the estimated ex- pense of maintaining the local govern- ment in each of the Boroughs of Hay- Ward, Livermore and Pleasanton. It shall also set forth the estimated ex- pense of maintaining any borough property and the amounts necessary to pay the interest and to meet the sink- in}, fund and redermption obligations ori outstanding bonded indebtedness each borough or district. an estimate of all expenses of govern- tions other than or in addition to those specified in this section. Said budget shall also include the estimates prepared by the Auditor, as provided in the preceding section and, in addition thereto, the following in- formation arranged in parallel columns: (a) An inventory of all supplies and materials on hand. - (b) ager as to the estimate submitted to the Auditor by each borough, depart- commission. - - (c) Such other information as the Metropolitan Council may require. The Manager shall provide sufficient copies of the budget to furnish one for each councilman and each member the board of trustees of each borough, and to place copies in the office of the Manager and of the Auditor and at Orie public place in each borough for the in- spection of the public, and such number of additional copies as he may deem IleCeSSally, - - BOROUGHS' CONS: DERAT iON OF BU DGET Sec. 189. each borough, upon the receipt of the budget, shall proceed with the consid:- eration of said budget at public hear- ings, notice of wiłich shall be given in the manner prescribed by the board. The board of trustees of each bor- ough shall return such budget to the first Monday in June of each year, to- gether with such recommendations, ex- pressed by resolution, as to changes and alterations in said budget as it may deem advisable. It may also recomi- mend the addition to said budget of any sums of money it may desire to have expended for any purpose, said sums to be provided by a special tax on the taxable property within said borough and to be expended solely for the pur- ºf trustees. ANNUA Sec. 496. L APP RoPRfAtion ORDINANCE eration thereof at public hearings, rigº Council, dimañée, which ordinance shall provide for the entire cost of the city and in The recommendation of the Man-º of The board of trustees of pose designated by said borough board -- The Metropolitan Council; upon receipt of the budget from the Manager, shall proceed to the conside Said budget shall set forth Theºdºu get "shai also set forth ment classified by departments or fune- ment, office, court, district, board and Metropolitan Council on or before the tice of which shall be given in the manner preseribed by the Metropolitan ††etropolitan council on the last Monday in June of each year shall fin- ally pass the annual appropriation ore - - - º county government and of the govern- - he several boroughs. - mº º Council play adopt brº reject any of the reº pf the board of trustees of any º: * provided, however, that it. mºst 3.CiCº and embody in said apprº 9. financé without change 9. mº 1 .. - - a fly recommendation for t e. ted penditure of any additional sums. Vote * ... such board of trustº to be “. - pended for a defined purpose and tº º ºvided by a special...º.º. the º big property in said borough; º jºidº ºis0 that it must adopt Wºr out change or modification, and end- ºãy in said appropriºtº º: the recommendations of the . *. boards of trustees of the Borºus ºr. Hayward, Livermore and º . - the expense of conducting. the º government in each of said ºs APPROPRIATIONS FOF: HIGHWA ił Sec. 191. The Metropolitan Counci must in said appropriations º provide within each road district i. sum as may be authorized by the laws of the State of California, to be º pended for road purpose; Within the district in which it is collected, 11 - The Metrº sº shall aſ) º iate annually from Fº". the city and county an º sufficient, in conjunction with the *::::: district funds and any moneys w *; may accrue from the apportionment o the state motor vehicle fund or * any other sourge, to provide for the lighting; sprinkling, maintenance, tiºn pair, construction and º ºf roads, pridges and culverts W. #. the city and county, not included within tº pºinciaries of any borough, ſº ÅfºopF1ATION FOR SPECIAL º - DiSTRICTS . . . . . - Sec. 192, Said annual appropriatiºns ºrdinance shall include proviš19" for º intenance and support ºf *...* - sºivision or district of the º, º ºunty existing under, the laws of t i. state of California. the tax for whic shall be levied against all the taxable property º * of such legal ivision or district. **śoß FoE LEVY of TAX . Sec. 193. The Metropolitan Council, on the first Tuesday after the first ſºonday in September of each Yº: must fix the rate of taxes, designating the number of Čents Ievied on each one hundred dollars of taxable property, and levy taxes upºn the taxable prop- erty within said city and county, suf- ficient, in conjunction with other sources of income, to raise the amounts required by the annual appropriations rājīānce ºf the city and county. Said evy shall be made as follows: --- (a) ºf here shall be levied a tax ſº the taxable property within each of the boroughs sufficient to provide for the maintenance of borough property, the ºrmounts necessary to pay the interest and to meet the sinking fund and re- demption obligations on any outstand- =ºing bonded ináebtedness of any bºrough, and to provide such additional stºms of money as may have been voted by the board of trustees of any bºrough to be expended for a defined purpose: ; (b) There shall be levied a tax upon #the taxable property within the ter: iritory included within the Boroughs of Alameda, Albany, Berkeley, Emeryville, Oakland, Piedmont and San Leandro sufficient to maintain the following de- partments or functions of government: Police, fire, cleaning and maîntºniºs ºf streets, sewers and storm drains, the general; made tinless lighting of streets, garbage disposal, li- braries, parks and playgrounds. (c) There shall be levied a tax upon the taxable property in each of the Boroughs of Hayward, Livermore and Pleasanton sufficient to provide the ex- pense of maintaining the local govern- ment of each of said boroughs. (d) There shall be levied upon the taxable property within each road dis- trict such road taxes as are now or hereafter may be provided by the laws of the State of California. (e) There shall be levied upon the taxable property within the limits of any jegai subdivision or district of the city and county existing under the laws of the State of California, a tax suf- ficient for the maintenange and Sup- port of such legal subdivision or dis- trict. (f) There shall be levied upon the taxable property of the city and county and of the several school districts therein, as the case may be, such school taxes as are now or hereafter may be provided by the laws of the State of California. (g) There shall be levied upon the taxable property within the entire city and county a tax sufficient, in conjung- tion with other sources of revenue, to provide for all expenses of government not included in the foregoing subdivi- sions of this section. - URGENT NECESSITIES Sec. 194. The Metropolitan Council may appropriate a surn not to exceed fifty thousand dollars a year for urgent necessities not otherwise provided by law. No money shall be paid out of this appropriation unless authorized by a five-sevenths vote of the Metropolitan Council. CASH BASIS FUND - Sec. 195. The Metropolitan Council shall create and maintain a permanent revolving fund to be known as the cash basis fund for the purpose of putting the payment of the operating expenses of the city and county on a cash basis. For this purpose the Metropolitan Council shall provide that, from the money collected from the annual tax Levy and from money received from other sources, a sum equal to not less than two and one-half cents on each one hundred dollars of assessed valuat tion of all property within the city and county shall be placed in such fund un- til the accumulated amount in such fund shall be sufficient to meet all legal demands against the treasury for the first four months, or other necessary period, of the succeeding fiscal year. * The Metropolitan Council shall have power to transfer from the cash basis fund to any other fund or funds such sum or sums as may be required for the purpose of placing such fund or funds, as nearly as possible, on a cash basis. It shall be the duty of the Mºº ropolitan Council to provide that all money so transferred from the cash basis fund be returned thereto before the end of the current fiscal year. ExPEND ITURES Li MITED TO - APPROPRIATIONS º: Sec. 196. No expenditures shall be a specific appropriation shall have been made therefor in the annual apprºpriation ordinance, except as may be otherwise provided in this charter. jMExPENDEp BALANCE sec. 19. At the close ºf each fiscal year the unexpended balance of each spºropriagłón against Which in º of salaries fºr ºtrºts for work or supplies are outstanding shall revert to the general fund, borough fund, school fund, library fund, or district fund, as the case may be, except as otherwise provided in this charter. Any money in the general fund otherwise unappropriated may be appropriated by the Metropolitan Coun- cil at any time by ordinance; the board of trustees of any borough and the Board of Education shall have the same power with regard to moneys in the respective borough, school, or school district funds. --- D ISBURSE MENTS Seq, 198. The Metropolitan Council shall authorize the disburserment of all public moneys, except as otherwise specifically provided in this charter. WARRANTS Sec. 199. No warrants shall be drawn except upon an unexhausted specific appropriation, SEPARATE FUNDS Sec. 200, All revenues, fees and conn- missions paid into the treasury shall be at once apportioned to and kept in Sep- arate funds. It shall not be lawful, except as otherwise provided in this charter, to transfer any moneys from one fund to another, or to use the same in payment of demands upon another fund. The general fund shall consist of all moneys received into the treasury and not specifically appropriated to any other fund. REGISTRATION OF WARRANTS Sec. 201. When any warrant is pre- sented to the Treasurer for payment and the same is not paid för want of funds, the Treasurer natist endorse thereon “Not paid for want of funds,” with the date of presentation. He shall number said warrants serially, and sign his name thereto, and thereafter they shall bear such rate of interest as may be fixed by the Metropolitan Council, not to exceed five per cent per annum, and shall be paid in sequence in the order of their numbering. When there are sufficient moneys in the treasury to pay the warrants so registered, the Treas- urer shall post at the Court House door a notice stating that he is ready to pay such warrants and, from the date of the posting of such notice, such war- £ants shall cease to draw interest. PAYMENT OF REGISTERED WARRANTS Sec. 202. Any warrant on the treas- ury or on any fund thereof which may remain unpaid at the end of the fiscal year for lack of money applicable to its payment may be paid out of any money which subsequently may come into the proper fund from delińquent taxes or other uncollected income or revenue for Such year. Such warrants shall be paid out of such delinquent revenue, when collected, in the order of their registra- tion. - - BONDED INDEBTEDNESS Sec. 203. Whenever in the opinion of the Metropolitan Council it is neces- sary, for the purpose of carrying out any of the powers Wested in said city and Courity including the acquisition, con- struction or completion of any public utility or utilities, to incur a bonded indebtedness, it shall, by ordinance sub- mit to the electors of said city and county at an election held for that pur- pose, a proposition or propositions för the creatiºn of such bonded indebted- |ness, which proposition or propositions |shall specify the amount or armounts and the purpose ºr purposes for which they are created, the term of said bonds, and the rate of interest thereon. No such bonded indebtedness shall be created unless two-thirds of the electors voting at such election shall authorize the Sãºle, CONTRACTS FOR OFFICIAL - AD VERTISING Sec. 204. The Manager shall adver- tise annually for five consecutive days for sealed proposals for official adver- tising for the ensuing fiscal year. Such advertising shall call for separate bids for publishing: (1) The delinquent tax list. (2) All other official advertising of the city and county, He shall advertise at the same time for separate proposals for the official advertising of each borough. Such ad- Vertisement shall call for bids per square of 150 ems nonpareil (six-point type), and shall specify the type and spacing to be use, . Proposals for city and county adver- tising shall be received only from re- sponsible persons, firms and corpora- tions publishing, within the city and county, newspapers of general circula- tion, each of which must have a bona fide general circulation in this city and county of at least twenty-five hundred Copies, and must have been published regularly for one year prior to the date of the first insertion of the Manager's advertisement. - Proposals for borough advertising may be received from newspapers of general circulation published in the several bor- oughs, or, if there be no newspaper of general circulation published in any borough, then from newspapers of gen- eral circulation published in adjacent boroughs. The proposals for city and county ad- vertising shall be opened in the pres- ence of the Metropolitan Council, which shall award separate contracts for pub- lishing the delinquent tax list and for publishing other city and county ad- vertising to the respective lowest re- sponsible bidders publishing newspapers within the city and county; provided, however, that the Metropolitan Council may reject any or all bids and order the Manager to advertise for new bids. The proposal º shall be opened in the presence of the several borough boards of trustees, and each borough board of trustees there- upon shall award to the lowest respon- sible bidder the contract for publishing the advertising of the borough; pro- vided, that any borough board of trus- tees may reject any or all bids and or- § the Manager to advertise for new ICls. - - No award of advertising shaft be made by the Metropolitan Council or by the board of trustees of any borough at a rate in excess of the grº. and reg- ular advertising rates chârged to in- dividuals, firms or corporations for sini- ilar character of advertising. - The newspaper to which the contraci is awarded for publishing the offigia) advertising of the city and county, other than the detºnquent tax list, shall be known as “The Official Newspaper of the City and County’’, and the several newspapers awarded the contracts for borough advertising shall be known as the official newspapers of the respective boroughs. - - º EMPLOYEES' PENSION AND INSUR. - NCE FUND - Sec. 2205. The Metropolitan Council shall provide fºr the continuange of all pension and relief funds in existence at the time this charter shall take effect. The Metropolitan Cºuncil may provide by ordinance, adopted by a five-sevenths vote, for the establishiºent and majºrite- itance of an emplºyees' persºn and iº- surance fund or funds. º borough advertising: - - and employee who shall have knowledge FEES. Sec. 2206. All officers of the city and county and of the several boroughs to whom fees are paid for the performance of official duties, and all officers or emi- ployees collecting or receiving any non- eys pertaining to or for the use of the city and county or a borough thereof, shall make regular settlements and aº- counts of their collections monthly, or otherwise as may be required by law. Such moºey shall be transmitted or paid to the Treasurer daily, and the Treasurer and the Auditor shall credit such officer or employee with the amount so paid without apportioning the same to any specific fund. Such officer tlement, be credited with all amount paid to the Treasurer and not ind in his previous settlements, as sº gash. - SALARIES IN FULL COMPEN's Sec. 207. The salaries provit all officers and employees of the and county and the several bor shall be in full compensation for services required of them by this ch ter or by virtue of their office. NO PERSONAL INTEREST IN - CONTRACTS - Sec. 208. No elective or appointive officer or employee of the city and County, or of the several boroughs thereof, shall hold any other public of - . fice of profit, except the office of notary public or an office in the National Guard of the State of California, or be inter- ested, directly or indirectly, in any con- tract or transaction with the city and county, or a borough thereof, or become surety upon any bond given to the city and county, or any borough thereof. No officer or employee shall receive any commission, money, ºr thing of value, or derive any profit, benefit or advan- tage, directly or indirectly, from or by rea, on of any dealings with or service fºr the city and county, or any borough thºreof, by himself or others, except his ła”ful compensation as such officer or employee. ſt shall be the duty of every officer - of any violation of the provisions of this section to report immediately such vio- latiºn to the Metropolitan Council, and every officer and emplºyee who shall Viºlate any of the provisions of this sec- tiºn shall forth with forfeit his office or enºployment. Any violation of the pro- visions of this section shall render the contract or transaction involved void- able at the option of the Metropolitan Council, OFFICE HOURS §ec. 209. All offices of the city and county shall be kept open for the trans- action of business from 9 o'clock a. m. until 5 o'clock p. m. every day in the year, except Sundays and holidays. OATH OF OFFICE Sec. 210. Every elective and ap- pointive officer of the city and county, ºr of any borough thereof, before enter- ing upon the duties of his office, shall take the oath of office provided for by the Constitution of the State of Cali- fornia and file the same with the Clerk. Every such officer must also, within ten days after his election or sappoint- ment, and before entering upon the duties of his office, execute the bond if any, required by the provisions o this charter, by the Metropolitan Gourº- gº, or by any borough board of trus- official sonos º : 211. The following officerº, re- iyºyºshall execute official bonds or employee shall, upon his regular set-º - e -V º- -- - = - - - - to the city and county in the following armounts: - Manager . . . . . . . . . . . . . . . . . . . . . . $25,000.00 Auditor - . . . . . . . . . . . . . . . . . . . . . . 25,000.00 Treasurer . . . . . . . . . . . . . . . . . . . . .100,000.00 Tax Collector . . . . . . . . . . . . . . . . . 50,000.99 Assessor . . . . . . . . . . . . . . . . . . . . . . 20,000.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 20,000.00 Recorder . . . . . . . . . . . . . . . . . . . . . . 10,000.00 Sheriff. . . . . . . . . . . . . . . . . . . . . . . . . 20,000.00 District Attorney . . . . . . . . . . . . , 5,000.00 City Attorney . . . . . . . . . . . . . . . . . 5,000.00 Public Administrator . . . . . . . . . 25,000.00 Judges of Municipal Court 2,000.00 each Coroner . . . . . . . . ------ . . . . . . . . , 5,000.00 Fish and Game Warden. . . . . , 1,000.00 Horticultural Commissioner.... },000.00 The Metropolitan Council may require a bond to be filed by any other officer or employee and may fix the penal sung thereof. The board of trustees of each ough may require a bond to be filed ºny officer or employee of such bor- nd may fix the penal sum thereof. tºonds, except that of the Auditor, uş shall be filed in the office of the £rf shall be filed with the Auditor, ºy official bond shall be secured by ºrety company authorized to act as ºf surety under the laws of the State fº California. No official bond shall be a .eceived or filed until it has been ap- proved as to form by the City Attorney and as to sufficiency by the Auditºr, ex- cept the official bond of the Auditor, which shall be approved as to suf- ficiency by the Metropolitan Council. The official bonds of all officers and employees of boroughs shall be ap- proved as to sufficiency by the board of trustees of such borough. The Metro- politan Council, by ordinance, may in- crease the amount of bonds required from any officer or employee. If such ºfficer or employee does not file a staf- ficient bond for the increased amount within fifteen days after notification of such increase, his office thereupon shall become vacant. - The premiums on all official bonds shall be paid by the city and county, ºr borough, as the case may be, APPRATSAL OF REAL PROPERTY Sec. 212. in preparation for the assessment of taxes for the fiscal year 1925-1926, and at intervals of five years thereafter, the Metropolitan Council shall provideº for a scientific appraisal by a recognized expert of all the real Fº in the city and county, but, such appraisal shall have been pro- vided for by the Board of Süpervisors of Alameda County before this charter shall take effect a new appraisal shall be required only at intervals of five years beginning with such previous ap- praisals. This appraisal shall be made of the first Monday in March of the cal year for which the appraisal is hereby required, and shall be used by the Assessºr as the basis for the as- sessment for that year, and said Asses- sor shall revise his valuation on prop- erty in each intervening year. - CONSTRUCTION OF CHARTER Sec. 213. This charter shall be jib- erally construed. The invalidity of any clause or part of this charter shall not be deemed to affect the validity of any other part thereof, nor shalf any clause, provisiºn or part of this char: ter be deemed invalid because it can- not constitutionally be effective to the full extent warranted by its language, APPLICABILITY OF GENERAL LAWS Section 214. Whenever in this chair- ter reference is made to any law of the state of California, said law shall be prºstried to include all acts amenda- ony ºthereof or supplementary thereto. - tº EF NiTHON See ºf ºne following words have in this ººter the respective significa- tions attached to them in this section, º otherwise apparent from the con- ext. The words “City”, “County” and “City and County” mean the City and County of Alameda, or the City and County of Oakland, as the case may be. The terms “Borough Board” and *Borough Board of Trustees” mean the Board of Trustees of a Borough. The word “Council” means the Met- ropolitan Council. The word “Councilman” signifies a member of the Metropolitan Council. The word “Franchise” includes “fran- chise, permit or privilege”. The term “Heads of Departments” in- cludes the Sheriff, Clerk, Treasurer, Tax Collector, Recorder, Coroner, Public Administrator, Sealer of Weights and Measures, Fish and Game Warden, Live Stock Inspector, Horticultural Commis- sioner. City Attorney, Public Defender, Purchasing Agent, Director of Pub- lic Works, Chief of Police, Fire Chief, Superintendent of Streets, Building Inspector, Chief Electrician, Chief Examiner of the Civil Ser- vice Commission, and the head of each division of the Department of Public Service. - - The term “public service” means the conduct and management of any public utility owned and operated by the city and county, or any borough, CERTAIN ELECTIVE OFFICERS CONTINUED IN FORCE Sec. 21.6. The District Attorney, Sheriff, County Clerk, Assessor, Auditor, Treasurer, Recorder, Tax Collector and ex-officio License Collector, Public Ad- ministrator, and Coroner of the County of Alameda, in office on the thirtieth day of June, 1923, shall continue in of- fice and shall continue to perform, without interruption, the duties, and to receive the compensation of their re- spective offices until the expiration of the terms for which they were elected. Upon the expiration of said terms, said offices shall be filled in the man- ner provided in this charter. The terms of all other elective officers of the pres- ent County of Alameda, and of all elec- tive officers of the several municipali- ties, townships and districts within the present County of Alameda shall termi- nate at 12 o'clock midnight on the thir- tieth day of June, 1923. PRESENT EMPLOYEES CONTINUED. |N OFFICE Sec. 217. Except as otherwise pro- vided in this charter, all persons other than elective officers holding office on the thirtieth day of June, 1923, shall continue in office and in the perform- ange of their duties until provision shall have been made otherwise in accord- anee with this charter for the perform- ance or discontinuance of the duties of any such office. When such provision shall have been made the term and employment of any such person shall expire and the office be deemed abol- ished. CONTINUANCE OF CONTRACTS Sec. 218. All contracts entered into by the County of Alameda, and the sev- eral municipalities, townships and dis- tricts therein, prior to the first day of July, 1923, shall continue in full force and effect. All public work begun prior to said day shall be continued and per- fected hereunder. Public improve- ments for which legislative steps have been taken under laws in force at the time this charter shall take effect may be carried to completion in accordance ordinances continued in FORCE Sec. 219. All ordinances, resolutions and regulations in the County of Ala- meda and of the several municipal cor- porations and districts therein, in force at the time this charter shall take ef- fect and not inconsistent with its pro- visions, shall continue in force until amended or repealed. - SUCCESSION Sec. 220. All property, real and per- sonal, of the County of Alameda, and of all districts within said county, ex- cept school districts, and of the munici- palities of Alameda, Albany, Berkeley, Emeryville, Oakland, Piedmont and San Taeandro shall become the property of the city and county, except that the Alameda Electric Light & Power Works and the Alameda, Belt Railroad shall be- come the property of the Borough of Alameda; all property, real and per- sonal, of each of the municipalities of Hayward, Livermore and Pleasanton, including all moneys on hand or due or to become due to such municipalities, shall become the property of the Bor- oughs of Hayward, Livermore and Pleasanton, respectively. All moneys on hand or due or to be- come due to the municipalities of Ala- meda, Albany, Berkeley, Emeryville, Oakland, Piedmont and San Leandro shall become the property of the Bor- oughs of Alameda, Albany, Berkeley, Emeryville, Oakland, Piedmont and San Leandro, respectively. All franchises, rights, liabilities, obli- gations, suits, actions, prosecutions, claims and contracts of the County of Alameda, and of the several municipal corporations and districts therein shall remain and continue in full force and effect as if the form of government had not been changed and this charter adopted. For the purpose of carrying out and enforcing such franchises, rights, liabilities, obligations, suits, ag- tions, prosecutions, claims and con- tracts, the Metropolitan Council, offic- ers, boards and authorities of the city and county shall succeed to all powers and duties relating thereto of the Board of Supervisors, officers, boards and au- thorities of Alameda County, and of the several officers, councils, boards and authorities of the several municipal corporations and districts, respectively. All liabilities of the County of Ala- meda and of the several municipalities and districts therein, existing at the time this charter shall take effect, shall be paid out of the moneys transferred to the funds of the city and county or the boroughs thereof, as herein pro- vided. If said funds are insufficient for such purpose, the Metropolitan Council shall levy a special tax upon the prop- erty within the boundaries of the muni- cipality or district affected sufficient to pay such indebtedness. TAKING EFFECT OF THIS CHARTER Sec. 221. For the purpose of non- inating and electing the councilmen, trustees of the several boroughs, and the judges of the Municipal Court, and for the purpose ºf superseding all ex- isting provisions authorizing the elee- tion of officers of the several districts and mitºmicipal corporations within the city and county, this charter shall take effect immediately upon its approval by the Legislature. The Board of Super- visors of the County of Alameda, in of- fice at the time ºf such approval, shall provide for the holding of the first elec- tion of councilmen, trustees of each with the provisions of such laws. --- - - borough, and judges of the Municipal Court under—this charter and shall can- vass the votes and declare the result. Such election shall be held at the ear- liest practicable date. For all other purposes this charter i. take effect on the first day of July, APPOINTMENT OF FIRST fMANAGER Sec. 222. The Metropolitan Council, immediately upon its organization, shall proceed to the selection of a Manager of the city and county. Appointments may be made by the Mayor or Manager, pursuant to the provisions of this charter, prior to and to take effect on the first day of July, 1923, except as otherwise provided in this charter. BUDGET FOR FIRST FiSCAL YEAR Sec. 223. The estimate of revenue and expenditures required by this char- ter shall be dispensed with for the fis- cal year beginning July 1, 1923, and the Metropolitan Council, by resolution, ployed in the preparation of the annual appropriation ordinance-for that year. - CERT! FICATE WHEREAS, the County of Alameda, a county organized under the general laws of the State of California, and having a population of over two hun- dred thousand inhabitants, as ascer- tained by the census of 1920 taken un- der authority of the Congress of the United States, and having within its territorial boundaries ten incorporated cities and towns, on the third day of February, 1921, and under and in ac- cordance with the provisions of Section 7%a of Article XI of the Constitution of the State of California, did elect Arthur W. Beam, Annie Florence Brown, William Cavalier, Leon A. Clark, Samuel J. Donohue, W. Herbert Graham, Lewis A. Hicks, Harriet M. Kearney, Greene Majors, Joseph O. Mc- Kown, Orrin K. McMurray, Blanche Morse, Benjamin H. Pendleton, Charles H. Spear and Orlando E. Swain, 8, Board of fifteen Freeholders to prepare and propose a charter for a consolidated city and county; and WHEREAS, on February 10, 1921, the Board of Supervisors of said County of Alameda declared the result of said election; BE IT KNOWN that, in pursuance of said provisions of the Constitution, and within a period of one hundred and eighty days after the result of said election was declared by said Board of Supervisors, said Board of Freeholders has prepared and does propose the fore- going as and for a charter for a con- solidated city and county government further RESOT.V.E.D. that, pursuant to the said provisions of the Constitution of the State of California, this Board of Free- holders hereby proposes, in the alter- the whole County of Alameda, may be formed into a consolidated city and county government to be governed by the charter framed by this Board of Freeholders; said lesser area to consist of the City of Oakland, which City is hereby named and designated as nec- essary and essential to effect city and county consolidation, also those incor- porated cities and towns which, as pro- vided in said Constitution by a ma- jority vote of the qualified electors vot- ing thereon separately, may vote in fa- vor of the cºnsolidation of the whole of said Cºunty ºf Alameda, together -- shall prescribe the procedure to be em- of said County of Alameda; and be it native, that a lesser area than that of towns provided by said constitution tº - be included into a consolidation of such lesser area, together with ºriy unincorporated territory within the county proposed to be added, as pre: vided for in said Constitution; said Jesser area, also to have the combined powers of a city and county, as pre- vided in said Constitution for a con- solidated city and county government. HN WITNESS WHEREOF, we have hereunto set our hands in duplicate this sixth day of August, One Tho Nine Hundred and Twenty-one. LEON A. CT, ARPC, President. GREENE MAJ S, Secretary.º ARTHUR W. BEAM. ANNIE FLORENCE BROWN: WILLIAM CAVALIER. - SAMUEL J. DONOHUE. vº HERBERT GRAHAM. EWIS A. HICKS, :IARRIET M. KEARNEY. ºil JOSEPH O. McKOWN. º ORRIN K. McMURRAY. - BLANCHE MORSE. BENJAMIN H. PENTYLETON, CHARLES H. SPEAR. ORLANEO E. SWAHN. ATTEST: R. H. CHAMBERLAIN, Jr.; - - Assistant Secretary, -- º - (Endorsed). Filed Aug. 8, 1921, at 3:30 p. m. GEO, E. GROSS, County Clerk, - By J. C. HOLLAND, Deputy: º º º with the other incorporated cities arić º º º CHARTER FOR THE City and PREPARED AND PROPOSED BY THE BOARD OF FIREEHOLDERS ELECTED FEBRUARY 3, 1921, IN PURSUANCE OF SECTION 74% A, ARTICLE XI, OF THE CONSTITU- TION OF CALIFORNIA. * SU M MARY OF CHARTER -- PROVISIONS The general features of the proposed charter are as follows: - 1. The consolidation of city and Rounty functions, so far as feasible, *nabling such fundamental matters as education, health, hospitals, jus- ice, the regulation, acquisition and sonstruction of public utilities, such as water supply and transporta- tion, and the development an Irºn- provement of the waterfront and waterways to be handled as a unit or the benefit of the entire existing sounty. In other words, the charter }resents a governmental organization hat will permit the economic and so- :ial development of the area in ac- 3ordance with its natural resources und commanding geographical position. 2. The unification within the metro- }olitan area in the county of police, ire, maintenance and lighting of ſtreets, and the administration of li- }raries, parks and playgrounds. The *xpense of these peculiarly municipal Yurposes is to be borne by the urban bart of the community affected. }reater efficiency and economy is pro- ºted by this unification of functions d elimination of duplications. 3. The borough form of govern- ºnt preserves to existing cities in- ºant powers in relation to improve- ºnt and opening of streets, creation fissidential zones, participation in hº making of the budget and the levy aspecial taxes desired by any borough * matters not covered in the general idget. 4. The boroughs lying opposite the metropolitan area retain unimpaired Heir local government. * 5. The legislative department of the ity and county, the Metropolitan !ouncil, is made up of representatives rôº subdivisions of the county, which 5 divided into seven districts for this urpose. Councilmen are elected by heir respective districts as in the case f representatives in Congress or mern- ters of the Legislature, and are subject 0 recall by the districts which elected hem. Power is thus closely reserved 3 the people. 6. Legislative and administrative owers are separated, although no ap- ropriations may be made or moneys pent without the approval of the Met- ppolitan Council. This promotes effi- iêncy and avoids friction and discord etween the two departments. - 7. Administrative functions of gov- Priment, with the exception of certain inctions exercised by elective officials, lich as the Auditor and the Assessor, carried out through a Manager who appointed by and removable at the leasure of the Council. The Manager ppoints all appointive officials of the ity and county, with a very few nec- ssary exeeptions. He in turn, has &Weſſ to termove any official selected y him, and #6 member of the Coun: l, may tº penalty of forfeitise of flee, inteº directly or in diºcłły. ith the A *'s powers of a rººf- County of Alameda ment or reimoval. Entire responsibility for administra- tion is thus centerd in the Manager, while entire responsibility for legisla- tion in general gº is centered in the Metropolitanº Council. The Man- ager, being subject to the immediate control of the Council, is under the control of the people through their rep- resentatives. The Manager plan is in force in many cities and follows close- ly the plan of organization of private business, where responsibility always is cantralized. Public opinion is di- rected upon those really responsible for the efficient functioning of government, and not, as in come forms of govern- fººt. upon those nominally responsi- e. 8. The charter provisions securing economies in the cost of government include the adoption of the budget sys- tem, which limits expenditures to those fixed annually in a budget prepared by the Manager and adopted by the Coun- cil; the centralization of all purchas- ing power in one agency, the Purchas- ing Agent, by whom all supplies are to be bought for all departments and of- fices in the city and county; the elim- ination of duplicate offices and func- tions in the various cities and in the county, such as assessors, tax collect- ors, treasurers, city attorneys, super- intendents of schools, police and fire chiefs, by combination into central of - fices; and, finally, the power conferred upon the Metropolitan Council further to combine departments, as needs may develop, so as to promote greater effi- ciency. These provisions are merely the adoption of ordinary business princi- ples with respect to government. 9. The charter contains modern im- provements made in municipal govern- ment, such as: The initiative, referen- dum and recall (which, in this charter, is purely a recall, and not a new elec- tion at the same time), sourid and Workable civil service provisions, im- provements in conducting elections and nominations designed to secure a bet- ter expression of the public will, an ef- ſective organization of welfare agen- cies, hospitals, public sanitation and health, a women’s division in the police department, suitable pension provi- sions for employees of the city and county, a modern municipal court, ma- chinery for the acquisition and con- struction of public utilities, and provi- sions respecting public service fran- chises designed to secure the more ef- ficient administration of existing public utilities. - 10. The expenses of government are equitably distributed by taxation. The expenses proper to the whole city and county are taxed upon the whole terri- tory embraced therein, and those proper to the urban part upon the area covered thereby, while purely local ex- penses, such as those of the govern- ment of the sºnaller cities, are imposed tipóñ local areas, Road taxes in unin- corporated territory are provided for, with relief in certain contingencies from the central government. The schools are provided for, as at present, by general and local taxation. ſri shört, while leaving to local sub- divisions, districts and existing eities in the County of Alaineda guitable powers of local government, the Ghaſſ- ter proposes a frame work that wiłł ai. how this community to develop its hat- tiral heritage as one of those portions ºf the earth's surfaçº designed by na- ture to be ºa ºf his worlºs ºssº cities. CHARTER OF THE CITY AND COUNTY OF A LAM EDA. NAME AND Bound ARIES ... Sec. 1. The County of Alameda, as its boundaries are described in Section 3953 of the Politicai Code of the State of California, and the several munici- palities therein, are hereby merged and consolidated into one municipal gov- ernment, and the inhabitants thereof shall be a body politic and corporate. The name of said consolidated city and county government shall be the City and County of Alameda, provided that this charter be adopted over the entire County of Alameda. But if said char- ter be adopted only over a lesser area. than the entire County of Alameda then the name of the consolidated city and county government herein pro- Vided for shall be the City and County of Oakland. Such city and county shall have perpetual succession, may sue and be sued, and have a corporate seal. POWERS - Sec. 2. The city and county shall have and is hereby granted the author- ity to exercise all rights and powers re- lating to municipal affairs, and all rights and powers which are now or may be hereafter conferred upon coun- ties, cities, cities and counties, muni- cipal or utility distriºts, by the Consti- tution and laws of the State of Cali- fornia, and shall have such other rights and powers appropriate to a county, city, city and county, municipal or util- ity district, as are not specifically pro- hibited by the Constitution of the State of California, subject only to the restrictions and limitations contained in this charter; and it shall have and is hereby granted the authority to make and enforce all laws and regula- tions in the exercise of said powers. The enumeration of particular pow- ers by this charter shall not be held or deemed to be exclusive, but, in ad- dition to the powers enumerated here- in, implied thereby or appropriate tº the exercise thereof, the city. and county shall have, and may exercise all other powers which now are conferred or which hereafter it would be compe- tent for this charter specifically to enumerate. CREATION OF METROPOLITAN COUNC L. - - Sec. 3. There is hereby created a Metropolitan Council which shall have full power and authority, except as herein otherwise provided, to exercise all powers conferred upon the city and county, including all powers and duties now or hereafter conferred or imposed by law upon boards of stipervisors. CoM POSITION OF METROPOLITAN CCU NCHL. - Sec. 4. The Metropolitan Council shall consist of seven councilmen, who shall be elected by districts. The council- men first elected from Districts 1, 3, and 5, as said districts are bounded and described in Section 5 of this charter, shall hold office until 12 o'clock noon on the first Monday after the first day of January, 4925, afīd the councilmen first elected from Districts 2, 4, 6, and 7, as the said districts are bounded and described in Section 5 of this charter, shall hold office until 12 o'clock noon on the first Monday after the first day of January, 1927. There- after as the terms of the councilmen expºre, their sugeessors shatl be elected fººteriſts of four years and shall hold office until their stiºcessors shàIt have Heen electººd º ºſted and shałł º: ººlifiº, . COUNCIL, DISTRICTS . Sec. 5. For the purpose of the elec- tion of councilmen, the city and county is hereby divided into seven districts, as follows: - Council District No. 1 shall consist of all that portion of the city and county bounded on the North by the boundary line, between the city and county and Contra, Costa, County on the West by the boundary line between the city and ºunty and the City and County of San Francisco; and on the South and East by a liné described as follows: com: ºn encing at a point on the boundary line between the city and county and the City and County of San Francisco Where the same is intersected by the direct extension Westerly of the center ine of Folger Avenue; thence Easterly along said direct extension of said cen. ter line of Folger Avenue, and along the Center line of Folger Avenue to the cen- ter line of San Pabio Avenue; thence Southerly along said center line of San Pablo Avenue to the center line of Alcatraz Avenue; thence East- erly along the center line of Aica- traz Avenue to the center line of shat- tuck Avenue; thence Northerly along the center line of Shattuck Avenue tº the center line of Amador Avenue; thence in a general Northerly direction along the center line of Amador Ave. nue and its direct extension North- Westerly to the center line of Sutter Street; thence Northerly along the cen. ter, line of Sutter Street and its direct extension Northerly to an intersection with the direct extension Southwesterly of the center line of Del Norte Street. thence Northeasterly along the last said direct extension and along the center line of Del Norte Street and continuing Northwesterly along said center line and along its direct extension North- Westerly to the center line of Arlington Avenue; thence Northerly along the Center line of Arlington Avenue to the boundary line between the city and county and Contra Costa county, Council District No. 2 shall consist of all that portion of the city and county bounded on the North, North- east and East by the boundary line be- tween the city and county and Contra Costa County; and on the West #nd South by a line described as follows: Cºmençing at the intersection of the center line of Arlingtºn Avenue with the boundary line bºween the city and County and Contra Costa county; thence in a general Southerly direction along the center line of Arlington Avenue to the direct extension North- Westerly of the center line of Del Norte Street; theneg Southeasterly along said direct extension and along said center line of Del Norte Street and contin- Hing Southwesterly along said center line to an intersection with the direct extension Northerly of the center line of Sutter Street; thence Southerly along said direct extension and along the center line of Sutter Street to an inter- Section with the direct extension North- Westerly of the center line of Amador Street; thence Southerly along said ex- tension and along said center iing of Amador Street to the center line of Shattuck Avenue; thence Southerly along the center line of Shattuck Ave. nue to the center fine of Aleatraz Áve- nue; thence Easterly along the center line of Alcatraz Avenue to the center line of College Avenue; thence South. etly along the center line of College Avenue to the direct extension West- erly of the center line of Florio Street; thence Easterly along said extension ahá along the dériter time ºf Fiorio Street to the center line of Ross Street; thence Southeasterly along the genter line of Ross Street to the center line of Chabot Road; thence in a gen- eral Easterly direction along the cºte, line of Chabot Road to its extreme Easterly end; thence Easterly in a direct extension of said center line tº the Southwesterly line of Block ºf ºf the Claremont Chabot Tract; thence Southeasterly and Northeasterly aſiong the Southwesterly and Eastery hº daries of said Błock ‘Hº and along a direct extension Northerly of said Easterly line of Block “H” to the Gen. ter line of the Tunnel Road; thence in à general Northeasterly direction along the center line of said Tunnel Road the boundary line between the city county and Contra Costa County: Council District No. 3 shall ºf of all that portion of the city, County bounded on the West 5. boundary line between the city ºnty and the City, and County of , Francisco; and on the North, East º South by a line described as fºllow. line between the city and County and Where the same is intersected by the direct extension Westerly of the Genter line of Folger Avenue; thence Hasteriº along said direct extension of Folger Avenue and along the center line of Folger Avenue to the center line of san Pablo Avenue; thence Southerly along the center line of San Pablo Avenu: tº the center line of Alcatraz Avenue: thence Easterly along the center fine of Alcatraz Avenue to the center line of Telegraph Avenue; thence South- Westerly along the center graph Broadway; thence Southwesterſy along the center line of Broadway and along a direct extension Southwesterly there. direction along the center of the said Estuary of San Antonio and its direct extension Westerly to the boundary line between the city and county and the City and County of San Francisco. Council District No. 4 shall consist of all that portion of the city and county bounded and described as foil- lows: commencing at the intersection of the center line of Telegraph Avenue and the center line of Alcatraz Avenue; thence Easterly along said center line of Alcatraz Avenue to the center line of College Avenue; thence Southerty along said center line of College Ave- nue to the direct extension Westerly of the center line of Florio Street; thence Easterly along said direct extension and along the center line of Florio Street to the center line of Ross Street; thence Southerty along the center line of Ross Street to the center line of Chabot Road; thence in a general Easterly direction along the center line of Chabot Road to its extreme end; thence Easterly in a direct extension of said center line to the Southwesterly line of Block “H” of the Claremont Chabot Tract; thence Southeasterly and Northeasterly along the South- westerly and Easterly boundary of said Block “H” and along a direct ex- tension Northerly of said Easterly line of Błock “H” to the center line of the Tunnel oad; thence in a general Northeasterly direction along the cen- ter line of said Tunnel Road to the boundary line between the city and county and Contra Costa County, safé dividing line being also the asterly boundary of the present City of Oak- land; theneg Southeasterly following the Easterly boundary of the present Commencing at a point on the boundary the City, and County of San Francisº line of Tele- Avenue to the center line of of to the center of the Estuary of San Antonio; thence in a general Westerly _m º ºłows: 2 £ity of Gäkland to the line dividing the Nºrth ºne-half gººd the uth one-half £f Section 34. Township i South, Range 3 West, M. p. 3. … M.; thence in a direct line due West to the Center line of County Road No. 25.09; thence Northwesterly along said center line to the center line of County Road No. 2848; thence Northwesterly along said genter line to the center line gf County Road No. 625; thence Southwesterly along the center line of County Road No. 625 to the center line of Park Bötlevard; thence Southwesterly along the center line of Park Boulevard to the center line of 4th Avenue; theilge Southwesterly along the eenter line of 4th Avenue to the center line of East $8th Street; thence Northwesterly along center line of East 18th Street to center line of Lakeshore Boule- tº thence Southwesterly along the *N-line of Lakeshore #oulevard to enter line of 1st Avenue at East Street; thençë Southwesterly along ºcenter line of 1st Avenue and along *direct extension Southwesterly Aftereof to an intersectioti with the irect extension Northwesterly of the génier line of East 10th Street; thence Southeasterly along said direct exten- sion and along the center line ºf East 10th Street to the center line of 2nd Avenue; thence Southwestery along the center line of 2nd Avenue and along the direct extension Southwesterly ºthereof to the center line of East 8tº Street; thence Southeasterly along the center line of East 8th Street to the center line of 3rd Avenue; thence Southeasterly and Southwesterly aioh.g the center line of 3rd Avenue to the center line of East 7th Street; thence Southeasterly along the center fine of East 7th Street to the center line of 5th Avenue; thence Southwesterly along the center line of 5th Avenue and along a direct extension Southwesterly there- of to the center of the Estuary of San Antonio; thence Northwesterly along said center of the Estuary of San Ah- tonio to an intersection with the direct extension Southwesterly of the center line of Broadway; thence Northeasterly along said direct extension and along the center line of Broadway to the cen- ter line of Telegraph Avenue; thence Northeasterly along the center line of Telegraph Avenue to the center line of Alcatraz Avenue and the point of ºnencement, Council District No. 5 shall consist of all that portion of the city and tounty bounded and described as fol- commencing at a point on the Northeasterly boundary line of the present City of Oakland where said boundary line is intersected by the line dividing the North one-half and the South one-half of Section 34, Town- ship 1 South, Range 3 West, M. D. #3. & M.; thence on a direct line due West to the center line of County Road No. 2509; thence Northwesterly along the said genter line to the center line of County Road No. 2848; the rice North- westerly alºng the said center line to the center line of County Road No. 625; thenge Southwesterly along the center line of County Road No. 625 to the eenter litre of Park Boulevard; thenee Southwesterly along the center Hine of Park Boulevard to the center #ne of 4th Avenue; thence Southwest- erly along the center line ºf 4th Aye- nue to the center line of East 18th Street; thence Northwesterly along the center line of East 18th Street to the genter line of Lakeshore Boulevard; ence Sºuthwºsterly along the genter me ºf Lake ºre Boulevarº to the genter ºne of ºt. Aventie ºf Rººst 11th Street; thence º alºng the º ºg ºf "º Avº ºg a Airect tº º º of to the intersection with the direct extension Northwesterly of the genter line of East 10th Street; thence South- easterly along said direct extension and along the center line of East 10th Street to the center line of 2nd Ave- nue; thence. Southwesterly along the £enter line of 2nd Avenue and along the direct extension Southwesterly thereof to the center line of East 8th Street; thence Southeasterly along the center line of East, 8th Street to the center line of 3rd Avenue; thence Southeast- erºy and Southwesterly along the cen— ter line of 3rd Avenue to the center line of East 7th Street; thence South- easterly along the center line of East 7th Street to the center fine of 5th Avenue; thence Southwesterly along the center line of 5th Avenue and along a direct extension Southwesterly there- of to the eenter of the Estuary of San Antonio; thence Easterly and South- easterly along the center of said Estuary of San Antonio to the center line of the Tidal Canal; thence South- eply along the center line of the Tidal Canal to the Southerly line of Tide Lot No. 10 in Section 17, Township 2 South, Range 3 West; thence in a direct line S. º to the Southwest corner of Tide Lot No. 17 in Section 20, Town- ship 2 South, Range 3 West; thence East along the South line of said Lot 17 and along the South line of Tide Lot No. 24, Section 21, Township 2 South, Range 3 West, and its direct extension Easterly to the Westerly line of Plot No. 29, as shown on that cer- tain Map entitled “Map of the Lands in Partition in the Suit of Wrm. Toler, et al., vs. Jose C. Peralta,” etc., filed in the office of the County Clerk of Alameda County; thence Southeast- erly §on; the Westerly line of Said Piot No. 29 and along the Westerly line and Southerly line of Płot No. 28, as shown on said map, to the line between Plot No. 28 and Plot No. 15 as shown on said map; thence Northerly along last said line to the line between Plot No. 14 and Plot No. 15 as shown on said map; thence Easterly, Southerly and Southeasterly along said last line and its direct production Southeasterly to the Southerly Boundary line > of the present City of Oakland; thence Easterly alºng said Southerly bound- ary line and continuing Northwesterly along the Northeasterly boundary line point of commencement. Council Bistrict No. 6 shall consist of all that portion of the city and county bounded and described as foll- Iows: commencing at a point on the Westerly boundary of the city and county where the same is intersected by the direct extension Westerly of the center of the Estuary of San Antonio: therige Easterly a nºći Southeasterly along the said extension and along the center of said Estuary to the center line of the Tidal Canal; thence South- erly along the center line of said Tidal Canal to the Southerly line of Tideºlºt No. 40, in Section 17, Township 2 South, Range 3 West; thence in a direct line Sºutheasterly tº the Southwest corner of Tide Łot No. 17, in Section. 20, Township 2 South, Range 3 West; thence East along the South of said Iot Nº. 17, and along the South line of Tide Lot No. 24, Seation 21. Township 2 South, º 3 West, and its direct extension Easterly to the Westerly ling ºf Płot No. 29 as shown on that certain Map entitled “Map of the ſands in Partition in the Suit of Wºm, P. ºojeº, et al., vs. Jose C. Per- * ºwesterly there- alta,” etc., fifed in tº office of the County Clerk of Alameda Cºunty: thenge Southeasterly along the West- ºrſy ºne of said Plot No. 29, and along - P. Conrºencement. of the present City of Oakland to theft. the Westerly line and Southerly line of Plot No. 28, as shown on said Map, to the line between Plot No. 28 and Plot, No. 15, as shown on said map; thenge Northeasterly along said last line to the line between Piot No. 14 and Plot No. 15, as shown on said map; thence Easterly, Southerly and South- easterly along last said line and along a direct extension Southeasterly thereof to a point on the Southerly boundary of the present City of Oakland; thence Easterly along said Southerly boundary fine to the Westerly Right of Way line of the South Pacific Coast Railway Company; thence Southerly along said Westeriy Right of Way line to the center line of County Road No. 273; thence Westerly along said center line to a point where said center line is intersected by the direct production Easterly of center line of County Road No. 5952; thence Westerly along said center line to the Westerly boundary of the Rancho San Faeandro; thence in a direct line Westerly to the corner common to Tide Land Lots Nos. 12, 13 and 21 in Section 33, Township 2 South, Range 3 West; thence South along the East line of Tide Land Lot No. 21 and Tide Land Lot No. 28 to the North line of Section 4, Township 3 South, Range 3 West; thenee in a direct line West- erly to the Southeast corner of the boundary of **ś City of Ala- meda; thence esterly along said boundary to the line dividing the city and county and the City and County of San Francisco; thence Northwesterly along last said line to the point of Council District No. 7 shall consist of all that portion of the cºty an county lying Southerly, Easterly and Northeasterly of a line described as follows: commencing at a point on the Westerly boundary of the city and county where the same is intersected by the Southerly boundary of the present City of Alameda; thence East- erly along said Southerly boundary to the Southeast corner of said boundary; thence in a direct line Easterly to a point on the North line of Section 4. Tºwnship, 3 South, Range 3. West, where said North line of Section 4. is intersected by the East line of Tide Land Lot No. 28 in Section 33, Town- ship 2 South. Range 3 West; thenge Northerly along said East line of Tide ind Lot No. 28, and along the East Hine of Tide Land fºot No. 21 to the corner common to Tide Land Tºots Nos. 12, 13 and 21 in said Section 33; thence in a direct line Easterly to a point ºr the Westerly boundary of the Rancho San Leandrº where the same is inter- sected by the genter line of County Road No. 5952; thence Easterly along said Center line and along its direct production Easterly to the center line ºf County Road No. 273; thence East- arly along said direct prodiction tº the Westerly right of way line of the South Pacific Coast Railway Company: thence Northerly along said Westerly right of way line to the Southerly boundary of the present City of Çak- land; thenée Easterly alºng said South- erly boundary line and continuing #|Northwesterly along the Northeasterly; boundary line of the present City of Oakland to an intersection with the boundary line between the city and county and Contra Costa County. - COMPENSAT|GN - See 6. Councińen shall receive the sum ºf two hundred and fifty dollars per month. - º - QUALIFICATION OF COUNCH MEN Sec. 7. Each Cotºneſignan must have been an electºr ºf the district from which he fs elected for at least one #pºedure. year prior to his ejection, and must reside in said district during his in- cumbency. Any councilman who shall cease to possess any of the qualifica: tions required by this charter shall forth with forfeit his office, and it shall be the duty of the Metropolitari Coun- cil to declare such forfeitures VACANÇi ES - Sec. 3. If a vacancy shall occur in the office of Councilman from any dis- trict, the Metropolitan Council shall appoint a person from said district possessing the qualifications specified in Section 7 hereof, who shall hold of- fice until the election and qualification of a councilman to fill the vacancy, which elections shall take place at the next succeeding general municipal election, and the councilman so elected shall hold office for the remainder of the unexpired term; provided, however, that if the next general municipal elec- tion is held in the month of November next preceding the expiration of said term then the appointee of the Metro- politan Council shali hold office for the unexpired term and until his successor is elected and qualified. MEETINGS Sec. 9. The Metropolitan Council first elected under the provisions of this charter shall hold its first meeting in the rooms of the Board of Supervis- ors of the County of Alamedia, in the Hall of Records, at 10 o’clock a. m. on the second Monday following the issu- ance of their certificates of election by said Board of Supervisors, - At such meeting the Metropolitan Council shall organize and provide for a time and place for the holding of regular meetings. All Ineetings of the Metropolitan Council must be public, and the minutes and books of the Met- ropolitan Council shall be open at all. reasonable times for public inspection. No meetings shall be held except at Such regular place of meeting. Absence from five consecutive regu- lar meetings, unless excused by resolu- tion of the Metropolitan Council, shall operate to vacate the seat of any coun- cilman so absent. SPECIAL MEET NGS - Sec. 10, Special meetings of the Met- ropolitanº Council may be called by the Mayor or by any two Councilmen upon written notice to each eouncilman, served personally upon him or left at the place designated by him on the books of the clerk, (which designation must be made to, and a record thereof kept by the clerk), at least twenty-four hours before the time of the proposed meeting. Such notices must specify the subjects to be considered, and no other business shall be transacted at Süch meetings. / QUO R.U.M. Sec. 11. A majority of the council- men shall constitute a quorum for the transaction of business, but no act ºf the Metropolitan Council shall be valid unless a majority of all the councilmen goneurºtherein. - PROCED URE OF METROPOLITAN - - COUNCH- - Sec. 12. Except as otherwise pre- vided in this charter, the Metropolitan Council shall determine its rules of It shall keep minutes of its proceedings. The vote upon all mat- ters coming before the Metrópolitan Council shall be taken by ayes arid noes and entered upon its miratites. The Metrºpolitan Council shall be a continuing body, and no measure pené- ing before it shall abate ºr be diščon: the term ºf ºffice, or Fermoval ºf the menabers of said body or any of theme O RE NANCES Sec. 13. troduced in written or printed forms, adopted by the Metropolitanº Council shall be: “Be it ordained by the Metropolitan Council.” No ordin- ance, except an emergency ordina fice, shall be passed by , the Metropolitan a rice. or within six days thereafter, or at any time other than at a regular meeting. Every ordinance upon its final adºp- tion shall be assigned a serial ºurnber. shall be recorded in a book kept for that purpose, and shall be authentiº cated by the signature of the clerk anº the seal of the city and county. EMERGENCY MEASURES Sec. 14. The Metropolitan take effect at the time indicated there- in. An emergency measure is orie for lic peace, property, which the energency is set forth and may be passed as emergency measures: but no measures making a grant, re- newal or extension of a franchise ºf: other special privilege, or regulating the rate to be charged for its serviçº by any public utility, shall be so passed. TAKING EFFECT OF OREH NANCES Sec. 15. No ordinance or measure adopted by the Metropolitan Council; or Board of Trustees of any borough sha}} final passage, except emergency meas- ill:68, to elections, ordinances or measures re- lating to street openings and closings and street improvement work, ºrdinº ances or measures relating toº bond sº sues, and ordinances providing for tº: levies or appropriations for the is us current expenses of the city and cottº ty. Such excepted ordinanees Grºnegs- designated therein. - --- PCWERS. G.F METRORC L. TAN& COUNCIL, ----- Sec. 16. Except as otherwise prº- vided in this charter, the Metropolitan Council shall have power to fix the number of all officers and employees of the city and county; to fix their cºrn- ºpensations where not fixed by this charter; to create departments, offices and employments; any department, office or employment created by it; to combine departments; offices and employments of the city. and county; prºvided that nothing fºr this section shall be taken as a grant to discontinue or abolish departments: boards or offices created by this chairº ter, or to limit the power of the Civil Service Commission, as herein pre- yiółeół. º - - ºf INVESTIGATION EY METRørðiº T.A.N. Cºtº - - --- Sec. 17. The Metrºpolitar, Cotºneſi º authorized by the #etrópolitan Côtº eii, may investigate the affairs ºf ºn ºffice, department or board, includirig borough boards, and the ºfficial acts and conduct of any officer ºr employee; eaths to compet the attendance of writº tinued by reason ºf the expiration ºf nesses and the proßtion ºf bººks, º: pers and other evidence, and for that Every ordinance shall be in- The enacting clause of every ordin- Council on the day of its introduction - Council may, by a five-sevenths vote of the en- tire body, pass emergency measures tº the immediate preservation of the pub- health or safety; or one providing for the usual daily |operation of a municipal function in defined. Measures appropriating money, go into effect until thirty days after its ordinarices or measures relatiº gº ures shall gº into effect at the time and to discontintiéº and shall have power to administerº ºf power to the Metropolitan Couticſ; any committee thereºf, ºr persº, titly; purpose may issue subpoenaes which ritory at present included within the cutive regular meetings, unless excused direct tax levied on the assessablejnual budget an amount sufficient to shall be signed by the mayor, a coun-corporate limits of the City ºf Albany. by resolution of the board, shałł oper- property of the borough, and from pay the full cost of all special borough ºilman, or the authorized person con- The Borough of Emeryville shallate to vacate the seat of any member time tº time as may be necessary or elections, including initiative, referen- ducting such investigation. Any wit-consist of all that portion of the city so absent. - desirable the holding of a borough elec-hºurn and recall elections, of maintain- ness who shall refuse to obey any sub-land county at present included within SPECIAL MEETINGs tion to vote bonds for any public im-ſing the borough government, and of poena or who shall refuse to testify the corporate limits of the Town of See. 24. Special meetings of the sev-provement within the borough, exercising the powers herein granted to any facts within his knowledge or Emeryville. - eral boards of trustees may be called. Upon receipt of any such recommen- to such borough. . to produce any papers or books in his . The Borough of Hayward shall con: by the chairman or any two trustees|dation it shall be the duty of the Met- REL: Nºt fish MENT OF Bo Rough possession, or under his control, relat-sist of all that portion of the city and upon , written notice to each trustee, Iropolitan Council to carry out the in- POWERS ing to the matter under inquiry, shall county at present included within the served personally upon him or left attent thereof by immediately initiating Seº. 33. Any or all of the powers º, deemed to be in contempt, and the corporate limits of the Town of Hay- the plage, designated by him on the proceedings therefor in the mannerherºin ºranted to bºroughs may be re- Metropolitan Council, committee orward. - books of the clerk of the board, (which provided by the laws of the State of linguished to the city and county gov- person conducting such investigation. The Borough of Livermore shall con; designation must be made to, and a California. - ernment by the majority vote of the snail have power to take such proceed-sist of all that portion of the city and record thereof kept by the clerk), at 2. To establish by ordinance residen-electors of such borough voting on the ings in that behalf as may be taken county at present included within the least twelve hours before the time of tial zºnes within the borough. question, and the procedure therefor - by Boards ºf supervisors, as provideº corporate limits of the Town of Liver the proposed meeting. Such notices. 3. To recommend to the Metropoli-shall be as fºllows: - 45 the Political Code of the State of more. must specify the subjects to be consid=|tan Council, on or before the first Mon- Upon the filing with the Metropoliſ California. No person shall be excused The Borough of Oakland shall consistered and no other business shall be day in June of each year, the amount Council of a resolution of a boat; from testifying, but his testimony shall of all that portion of the city, and coun-transacted at such meetings. of money necessary to meet the re-trustees, or a petition signed by not be used against him in any crim-ity included within Council Districts QUORU M quirements of the borough in addition|gualified electors of a borough, º inal proceeding other than for perjury. Numbers 3, 4 and 5. except the terri- Sec. 25. A majority of the members to such amounts as may have been in- in number to twenty-five per ce. EiEction A Nº Dij"THES OF MAYOR tory at present included within the cor- of each board shall constitute a quorum |cluded in the annual estimate of rev- all votes east for the trustee receiv. Sea. 18. At the first meeting of ºporate liºits of the City of Piedmont, for the transaction of business, but no enue and expenditures to be raised by the highest number of votes in sº Metrópolitan council following the elec- and the Town of Emeryville. action of the board shall be valid unless taxation of the property of the entireborough at the last general municiº tiºn of the first Wietropºſitiºn Goûji. The Borough of Piedmont shall con-a majority of all the members thereof ºity and county. The Metropolitan election, requesting that the questions jer this cºieſ and ºafter onsist ºf all that portion of the city and concur, therºin. Council shall embody such recommen-of the relinquishment to the city and º, the first Monday after the first day of county at present included within the CHAIRMEN OF BOARDS OF dation in the annual appropriation or-county government of any or all of the *. January of each odd numbered year. Cºrpºrate limits of the City of Pied- TRUSTEEs dinance and shall levy a tax on the as-powers herein conferred be submitted - ºtropoſiºn council snai sięct one mºtº - - Sec. 26. At the first meetings of the sessable, property within the borough to the vote of the electors of such bor- of it. members as President who shall The Borough of Pleasanton shall con: boards of trustees first elected hereun-sufficient to raise such amount. qugh for determination, it shall be the º, entified Mayor.” In addition to his sist of all that portion of the city and ider and thereafter on the first Monday Powers Q.F. BOARDS OF TRUSTEEs duty ºf the Metropolitan Council tº så fåry as counciman. His Mayºr ºil county at present included within the after the first day of January of each C F C ERTAIN BOROUGHS submit said question to the electors of º, ºn jºi' ºpjoº flºorate limits of the Town of Pleas-odd numbered year, each board shal|| Seº. 30. Except as herein otherwise such bºrough at the next geneiº muni- one hundred dollars º anton. - lect ºne of its members as chairman.|provided the Boroughs of Hayward, leipal, election. Upon the relinquishment - The Mayor shall preside at meetings The Borough of San Teandro shall The chairman shall. preside at meetings Livermore and Pleasanton may enter of all the powers of any borough, such ºf the º Councii and per- consist of ail that º of the city ºf the board and perform such other intº contracts, and incur indebtedness, borough shall thereafter be governed form such other duties consistent with and county at present included within duties, consistent with his office, as and may sue and be sued. The boards by the \ºvietropolitan Council. - - this charter º be imposed by tº the cºrporate limits of the City of Sani may be imposed by the board. All in- of trustees of such boroughs shall, in ELECT to Ns. -- --- - Leandro. - struments in writing requiring the as-addition to the powers conferred in the Sec. 34. Tºnless otherwise provided Mººrºº, ºn "... "..., BOARDS OF TRUSTEES OF sent of the borough shall be subscribed preceding Sections, have and possessiºn this gharter, all laws of the state of §: pºs: #. shall be º als. BORGU GH3 by the chairman, or chairman pro term, all powers now or hereafter conferred California respecting elections shall be - Sec. 20. There shall be elected at and attested by the borough cierk. In or imposed by law upon municipalities applicable to all elections held in the large by the qualified electors in each case of the absence of the chairman of the sixth class; provided, that none city and county, or in the several bor. borough a Board of Trustees of five from any meeting, the board shalf eject of said boroughs shall have power to oughs thereºf. members who shall be qualified electors ºne ºf its members chairman pro tem. |assess, levy, or collect property taxes ELECTION PRECINCT's of the said borough. At the first If at any time the office of the chair within the borough, or to appoint af, See: 35. The election precincts with- meeting of the boards of trustees first man becomes vacant the board shal||Recorder, or to grant franchises of any in which it is proposed to hold any elected hereunder the members thereofeleet a successor for the unexpired kind or nature. The revenue from ailelection shall not be described by metes ºf.”.”.”: ºn...' ... shall so classify theºsºvºy othºlºm: licenses imposed by the board of trus- and bounds in the measure calling such ºenº, he shai *}} *...twº members shall hold office, until 12 BOROUGH CLERKs tees of such boroughs, and all revenuelelºtiºn, but the election precincts es: f º: ºr. où. "Gºd" ai. "...º. ºock, ºº, ºn the first Monday after Sec. 27. There shall be in each bor-collected or received for the use of the tablished by the Metropolitan Council ºr. * 3. H.” olice * º º the first day of January, 1935, and ſough a borough clerk appointed by the borough, shall be paid into the city and for general election purposes shall be º ºr. *...three members shall hºld ºffice untillº.º.º. recºmendatiºn gºtº Tºsº.º. the ºedit of the referred tº by names or numbers. "º dº º'clock nººn on the first Mºnday, afterlºº ºf tºtees, who, as glerk of prº ſºlº of such borough, - ELECTIVE OFFICERs rºi"; 'aºhe member a º jitº first day of January 1927. There, ºrº, sº ºxercise such other...º. ºf ºtºes ºf said last Sec. 36. The elective officers of the Hº dº ſºafter as the fºrms of the members ºf ººººººº...ºy be assigned to him ºneſ, bººshº shall also have power.º. ººl herºidºs ºf y Op. tº C11. *º-leagh board of trustees expire, their by the Manager, and who shall be and it shall be their duty, to repair the Municipal Court, a District Attor- or shall have power to appoint a Secre- ----- ºv. - - - -- ºir, Hºey, - tary to the Mayor, who shall hold of- successors shall be elected for termsideemed to be an officer of the city and and keep in repair, and to drain, sprin-jºey, an Auditor, an Assessor, and the the official head of the city and county. All bonds, contracts and other instru- ments in writing requiring the assent ºf the city and county shall be sub- ºribed by the Mayor, or acting Mayor, # *s ine case may be, under the seal of the city and county and attested by the - of four years, and shall hold office until county. Kle or oil, streets, sidewalks and al-Qouncilmen, and the elective officers of t *:::: †º. º: tºº, their successors shalf have been elected POWERS OF BORGUGHs Heys within such borough and to remove the several boroughs shall be the trus- priate º º º, #. or appointed and have qualifiéd. Sec. 28. Each borough shaft have all obstructions therefrom, Ali sùitees, of each borough. - VACANC ES anſ; exercise only the powers' and du- work may be done by day labor if in All elective officers shall be elected at If a vacancy shati occur inities which are conferred or imposed the judgment of four-fifths of said the timº and in the manner provided any board of trustees, such vacancy upon it or its board of trustees by this board of trustees, expressed by a reso- by the laws of the State of California. shall be filled by the board in the same charter. Except to recommend the lution adopted to that effect, it would fºr the election of county officers; pro- manner as is herein provided for filing appointment of the borough clerk, the be more economical and of greaterly ided, however, that in case there is vacancies in the Metropolitan Council, hºards of trustees of the Boroughs of benefit to be performed in such man- but one person to be elected to any £and five hundred dollars to be ex- Sec. 21. pended in entertaining the guests of ----- the city and county, under the direc- tiºn of the Metropolitan Council, and shall appropriate the further sum of ñys hundred dollars as Mayor’s Ur- - -a-rºt- - - - - - - as a COMPENSATHON. Alameda, Albany, Berkeley, Emeryvilleiner. - office any candidate receiving at the #: *ś. º Vº * º: Sec. 22. The trustees of each bor–Galilº. Piedmont and San }. - BCROUGH OF DINANCES preºding primary election a majority ing º ºrs th º without furnish-ſough shai serve without compensation.jshah have no power tº name or ap: Sec. 31. The enacting clause of an of the tºtal number of vºtes east for ºr vouchers therefor: MEETH NGS'. point any person or board tº execute ordinances adopted by the boards of ºil candidates for such office shall be CREATION OF BOROUGHS see, 23. The boards of trustees first any of the powers, duties, rights or ºbitrustees of boroughs shall be: “Be #|declared elected to such office by the Sec. 19. The Boroughs of Alameda, ſelected hereunder shall meet on theftſgations of the borough, but the same ºrdained by the board of trustees of ºssing bºard and a certificate ºf # Albany, Berkeley, Emeryville, Hay-third Tuesday following the issuance of shall be executed by the appropriate the Borough of – " election shall be issued to him, and ward, Livermore, Oakland, Piedmont, certificates of ejection to the members offlººrs ºf the city and county, No ordinance shall be passed by a said offee shall not appear on the bal- | Pleasanton and San Leandro are here-ithereof at the hour of 8 o'clock p. m., Pow ERs of BoAR ps of Tršūsºr EEshboard of trustees on the day or its ºf voted at the ensuing general elec- ºy created with the powers hereinafter and proceed to organize, and provide 9F ALL BöRoughs introduction, or within six days there ition and provided further, that, in case specifically granted. for a time and place for holding reguiar. Sºo. 29. The board of trustees of after, or at any time other than at althere are two ºr more persons to be The Borough of Alameda shall consist meetings at least once each mºnth each horough shall have the power: regular meeting. Every ordinance up-tººted tº any office the candidates for ºf all that portion of the city and The time of such meetings shan he ar. 1. To recommend tº the Metropólf-ion its final adoption shall be assignealºugh ºfficº receiving at the preceding county included within Cºuncil Bistrict ranged by a conference of the chairmanitan Council the opening and closing of a serial number, shall be recorded in a Primary ºlection the votes ºf a major- # Number 6, º, - of the several boards of trustees and streets, the performance of street in-book kept for that purpose, shall be ity of all the voters participating in # The Borough of Albany shall consist the Manager. Ali meetings ºf the prºvement work of any kind and char authenticated by the signature of the said primary election in the distriºt in ºf all that portion of the city and coun-boards of trustees shall be open to the acter within such, borough that may be clerk of the borough, and a copy there. Which said offiº, is vºted upon, shaft ty. At present included within the cor-public and the minutes and books ºf done under the laws ºf the state ºf of duly certified by the bºrough Gierkiº knºwn as "Majority Cândidates” porate limits of the City of Albany, the several boards of trustees shai California, the acquisition, improve shall be forwarded to the clerk of tº and shall be declared *::::::: tº such The Bºrough of Berkeley shalſ con-be open at air reasonable times forment, equipment or maintenance of Metropolitan Council. ºffice, by the ganyassing board and geº- sist of all that portion of the city and publić inspection, No meetings shall parks, playgrounds and recreation cen: * BCRO tº GH BUD GETS ſtificates ºf election phaſiſ he issued to county included within the Council Dis-ibe held except at suº regulag piaºsiº Žiº £hº gorºugh, either, by Ségº, 32, The board ºf trustees of them, and the said offigº shall nºt ap- tricts Numbers and 2, except the ter-of meeting, Aºssº ºngº ºgrºupſ ºf provide in its an-Pº ºn the bºat ººlºº 4. - general election; provided, that, it tº ºùmber of such “Majority Candidates is greater than the number of persons to be elected to such office, then those Majority Candidates” > ºffer candidates number of fice and the ifornia, now or hereafter in force, receiving the Highest number of votes and equal in number to the number of persons to be ºted to such office shall be declared ejected to such office by the ganvassing goard and certificates of election shall be issued to them and the said office shaji not appear on the ballot voted at the ensuing general election; and pro- vided further, that if the number of such ºf ajority Candidates” so de- glared elected is less than the number ºf persons to be elected to such office, Nº there shall remain to be elected gah office such number of persons sºil equal the total number of per- º be elected to such office less tºmber of “Majority Candidates” ºil elected to such office, and º shall appear on the official ballot ** at the ensuing general election tº such number of names of such receiving the next Highest number of votes for nomination to such office as may equal twice the persons remaining to be elected to such office (or a smaller number if the list of said other candi- dates be exhausted), such names to be preceded by the designation of the of- ords “Vote for ,” the blank being filled by the number of persons remaining to be elected to such office. - STATEMENT OF CAND IDATES See: 36-a. Each candidate, at his own cost, may deſiver to the clerk at feast twenty-five days prior to the date of any election, a verified statement, with printed copies thereof equal in number to the number of electors qual- ified to vote for the office for which he is a candidate. Said copy shall be printed on white paper four inches wide by ºnine inches long, may have the candidate's photo-engraving p r in tied º ºthereon and shall have printed thereon his name, the office for which he is a candidate, a statement as to his resi- dence, place of birth, present occupa- tion, what public office or offices he has held, whether he is a taxpayer in the district in which he seeks election, and such other information as he may de- sire concerning his experience and qualifications for the office for which he is a candidate. One copy of such state- ment shall be mailed with the sample bałlot to each elector qualified to vote for such office. HNITIATIVE, REFERENDUM AND RECALL- ºn ITIATIVE AND REFERENDUM Sec. 37. The submission to the vote ºf the people of any proposed ordinance or measure, or of any ordinance or measure adopted by the Metropolitan Council or by the board of trustees of any borough which has not gone into effect, may be accomplished by the pre- sentation of a petition therefor to the Metropolitan Council, or to a borough board of trustees, in the manner pre- scribed by the laws of the State of Cai- ro- viding for direct legislation by cities £nd towns, except as herein otherwise ºpecifically provided. - - ENACTING CLAUSE Sec. 48. The enacting clause of every iºdinance or measure proposed by the rºlified electors of the city and coun º shail be: - - People of the City and County.” The enacting clause of every ordin- ance or measure proposed by the qual- ified electors of a borough shall be: “Be it ordained by the People of the Borough of —.” REFERENCE of MEASURE FOR ADVISORY VOTE - Sec. 39. The Metropolitan Council may submit to the electors of the city and county for their advisory vote any ordinance or measure which it shall have authority to enact. Such question shall be submitted at any general elec- tion or at any special election called for other purposes. CHARTER AMEND MENTS - Sec. 40. The provisions of the fore- going sections of this charter relative to the initiative shall apply to the pro- posal, submission and adoption of chair- ter anaendments. > RECALL Sec. 41. The incumbent of any elect- ive office provided for in this charter may be removed or recalled from office by the electors qualified to vote for the incumbent of such office in the manner prescribed by the laws of the State of California, now or hereafter in force, providing for the recall of elective of - ficers of incorporated cities and to Wins, except that the petition shall demand ºnly the removal of such officer, and except as herein otherwise specifically provided. - RECALL BALLCTS Sec. 42. The ballots at such recall election shall conform to the following requirements: - With respect to each person whose removal is sought, the question shall be submitted. “Shall. . . . . . . . . . . . . (name of person). . . . . . . . . . . . . . . . . . . be removed from the office of . . . . . . . . . . . . . . . . . (name of office) . . . . . . . . . . . . . . . . . . . . . by recall?” Immediately following each such question there shall be printed the words: “Yes” and “No” on separate lines with a blank Space at the right of each, in which the voter shall indicate by stamping a cross (x) his vote for or against such recall. RESULT OF RECALL ELECTION Sec. 43. If a majority of the votes cast on the question of the recall of a particular officer be against the recall of such officer, he shall continue in of- fice for the remainder of his term sub- ject to recall as hereinafter provided. If a majority of the votes cast on the question of the recall of a particular cfficer be in favor of the recall of such cfficer, he shall be deemed recalled and removed from office upon the canvass of the returns of said election and the declaration of the result thereof by the Metropolitan Council, and he shall not be deemed eligible for appointment to the vacancy. - FAILURE TO RECALL AN ELECT- VE OFFICER Sec. 44. In the event of the failure to recall an elective officer at any re- call election no other election may be held during his existing term for the recall of such officer except upon peti- tion signed in the manner hereinabove provided by electors qualified to vote for an incumbent of such office equal in number to thirty-five per cent of the total vote east for such office at the last general municipal election. - CANVASS OF BALLOTS Sec. 45. All initiative, referendum, and recall petitions shall be filed with the clerk of the city and county. The Metropolitan Council shall call all imi- º - ‘Be it ordained by ti iſſative, Referendum, and recial elee- tions, canvass the ballots, and declare the results thereof. FURTHER REGULATIONS Sec. 46. The Metropolitan Council shall, by ordinance, make such further regulations as may be necessary to carry out the foregoing provisions rela: tive to the Initiative, Referendum and Recall. MUN i CI PAL COURT Sec. 47. There is hereby established a Municipal Court of said city and county. jūjRispiction AND POWERS Sec. 48. There is hereby conferred upon and vested in said court all the jurisdiction and powers, both civil and criminal, nºw possessed by any and all Justices’ Courts, Police Courts and Recorders’ Courts within the territorial limits of said city and county, or which hereafter may be conferred by general law or by the laws and ordinances of said city and county upon Police Courts, Justices' Courts, Recorders' Courts, Municipal Courts, or other in jurisdiction to the Superior Court. The said court shall have jurisdiction in all proceedings, civil and criminal, for the enforcement of, or arising out of, the violation of any law or ordinance of said city and county or of any borough therein. The Judges of said Municipal Court shall possess all powers now possessed by, or that hereafter may be conferred up- on, any judge of the Municipal Court, Justice of the Peace, Police Judge, Re- corder or judge of any other inferior court. JUDGES OF MUN CIPAL COURT: ELECTION, TERMS, SALARIES, VACANC ES Sec. 49. There shall be nine judges of said Municipal Court, who shall hold their offices for the term of six years. One of said judges shall be elected in the territory included within the boun- daries of the Borough of Alameda, one in the territory included within the boundaries of the Boroughs of Berkeley and Albany, four elected at large, the territory included within the courts friferior in boundaries of the Boroughs of Oakland, i. Piedmont and Emeryville, one in the territory included within the present boundaries of Eden Township, one in the territory included within the pres- ent boundaries of Washington Town- ship and one within the territory in- cluded within the present boundaries of Murray and Pleasanton Townships. Each of the six judges of the Municipal Court elected within the territory first named shall receive an annual salary of not less than four thousand dollars, and each of those elected within the territory constituting the remaining portion of said city and county shall re- ceive an annual salary of not less than twenty-four hundred dollars. The sal- ary of said judges shall not be dimin- ished during their terms of office. In gase of a vacancy occurring in the of:- fice of Judge of the Municipal Court, the Mayor shall appoint a duly quali- fied person to act as such judge until his successor shall have been elected and shall have qualified. - QUALIFICATIONS OF JUDGES Sec. 50. No person shall be eligible for the office of Judge of said Municipal Court unless he shałłº have been for at least five years an elector of said city and county, and shall have been during said period an attorney duly admitted to practice by the Supreme Court of the State of California, and actually engaged during the whole of said period charge of the duties of a judicial office, or for a portion of said period in the active practice of law and for the re- maining portion in the discharge of such judicial duties. PRESI ºf NG JUDGE: DUTHES AND POWERS Sec. 51. Within thirty days after their election and qualification, the Judges of the Municipal Court shall elect one of their members as Presiding Judge of said court. The Presiding Judge, in addition to the exercise of the duties of a judge of the Municipal Court, shall have general supervision of the business of said Court and shall appoint such officials of such court as may be provided in this charter or by the Metropolitan Council. He shall preside at meetings of the judges, and shall from time to time assign the judges to the departments of said court in such manner as he may deem proper for the prompt disposition of the busi- ness thereof, and for the purpose of se- curing efficiency through specialization of their ºuties. He shall superintend the calendars of said courts and shall make such classification and distribu- tion of its business, or such general rules for such classification and dis- tribution, as he shall deem proper and expedient. He shall secure from each of the judges monthly reports in writ- ing of the judicial business performed by such judge, and shall semi-annually, on the first days of January and July in each year, make a written report to the Metropolitan Council of the opera- tion, organization and needs of said Court. No action affecting said Court sha’il be taken by the Metropolitan Council except upon recommendation of the Presiding Judge. CREATION OF ADD}TIONAL Jü DGES - Sec. 52. Whenever the necessity therefor demands, the Metropolitan Council may, upon the recommendation of the Presiding Judge, provide for ad- ditional judges of the Municipal Court. Such additional judges shall be elected by the electors of said city and county, DEPARTMENTS OF THE MUNIC I PAL COURT Sec. 53. The Presiding Judge, by and with the consent and advice of the judges of said court, shall establish such departments of said Municipal Court as may be convenient, and, in like manner, may discontinue or con- solidate any of such departments. The judges of said court may hold as many sessiºns ºf said court at the same time as the: º, judges thereof. The de- partments tº said court shall meet at such times and places as may be desig- nated by the Presiding Judge, and it shall be the duty of the Metropolitan Council to provide suitable rooms and accommodations for the various depart- ments in such parts of the city and county as may be convenient for the proper expedition of the business of said court. MEETHNGS OF JUDGES Sec. 54. It shall be the duty of the Presiding Judge and other judges of the Municipal Court to meet at least once in every month at an hour and place to be designated by the Presiding Jüdge, and at such other times as may be required by the Presiding Judge, for the consideration of such matters pertaining to the administration of jus- tice in said Court and of plans for im- provement in the work of said Court as may be brºught before said meetings. At such meetings they shall regeive in the practice of law, or in the dis- and investigate all conºaints pre- sented to them pertaining to said Court and the officers thereof, and shall take such action as they may deem propeſ with reference thereto. pow ER. To MAKE RULES Sec. 55. The judges of said Court shaji have power and it shall be their duty to adopt or cause to be adopted : aji such ruiès and regulations for the proper administration and expedition of justice in said Court as shall seem expedient. in FoEMALITIES DISREGARDED Sec. 56. The Court shall disregarð; all errors and defects in pleading and procedure which do not affect the sub- stantial rights of the parties, and, as far as possible in the rules adopted by the Court shall provide for a simpliº. fied procedure. - PERSONS PRACTICING BEFORE SA D COURT Sec. 57. No person other than an ºtº torney at law, duly admitted to prag- tice before the Supreme Court of Cali- fornia, shall be permitted to appear as attorney or agent for any party in any Court. cLERK of FHE MUNICIPAL COURT matter before Sec. 58. There shall be a Clerk of the Municipal Court and such deputy clerks as the Metropolitan Council may, upon the recommendation of the Presiding Judge, provide. The Clerk of the Municipal Court shall be appointed by the Presiding Judge, and said Clerk shall appoint the deputy clerks. The Clerk and deputy clerks shall receive such salaries as the Metropolitari Council shall fix and shall such duties as are required by law in the case of clerks of Justices’ Courts in cities and counties. * sHERIFF AND POLICE Sec. 59. The Sheriff and his deputs: ties shall have the powers and duties now or hereafter conferred and in- posed upon sheriffs or constables respect to civil process in said Muni- cipal Court. The Chief of Police shall and appoint one or more police officiº designate said Municipal perform # to attend the sessions of any depart- ment of the Municipal Court exercisſing the functions of a Police Court for the purpose of preserving order and of -ºx ecuting the judgments and orders of said court. TRANSFER OF PROCE EDINGS Sec. 60. All actions, trials, and pro- ceedings in every Justice’s Court, Po- Iiceº Court, and Recordier’s Court ex-º: isting in the County of Alameda at the time this charter takes effect shall be transferred to and become pending in the Municipal Court of the city and county, and all records of such Jus- tiges' Courts, Police Courts, and Re- corder's Courts shall be transferred to and become the records of such Munie, ourt. DISTRICT AT TORNEY Sec. 61. There shall be a District Attº torney who shall be elected by the cipal C wº- qualified electors of the city and eatinº ty for a term of four years at the gen- erºi State election next preceding the expiration of the term of the Oistrict Attorney in office at the time this char- ter shall take effect, and every four years thereafter. He shall be º, fied elector of the city and county and - an attorney admittà to practice in the courts of the State of Califółºńia, and shall have been engaged in the active practice of law fºr at least five years next preceding his ejection. He shall receive an airinitial salary of five thºu- sand dollars. He shall have all the - º _* - Pºwers conferred and shall discharge all the duties in posed upon district fittorneys of counties and cities and counties by the general laws of the §tate of California. The duties im- posed by the laws of the State of California upon district attorneys of €ounties and cities and counties in re- spect to civil actions, matters and pro- ceedings shall be performed by the City Attorney unless otherwise directed by the Metropolitan Council. In addition thereto the District Attorney shall at- tend, institute and conduct on behalf of the people all prosecutions for pub- lic offenses and for violations of all penal ordinances of the city and county and the several boroughs. He shall give such legal advice relative to criminal matters as may be required by the Metropolitan Council, the several Korough boards of trustees, or any other officer or board of the city and county. The District Attorney is hereby al- Howed the following assistants and deputies, who shall receive the com- pensation hereinafter specified: One Assistant District Attorney at a compensation of three hundred dollars per month; One Chief Deputy District Attorney at & Compensation of two hundred and seventy-five dollars per month; Four Deputies District Attorney at & Compensation of two hundred and fifty dollars per month each; Two Deputies District Attorney at -a. compensation of two hundred and twenty-five dollars per month each; He shall be allowed the following em- #loyees, whose compensation shall be fixed by the Metropolitan Council: Three stenographers; One detective; One clerk: * One telephone operator. At least one of such Deputies Dis- trict Attorney shall be a woman, At the request of the District Attor- ney, the Chief of Police shall designate an officer or officers of the Police De- partment for detective service or the service of process for the District At- torney’s Office. When, in the opinion of the Metro- politan Council, the business of said of- fice warrants, said Metropolitan Coun- £il may allow the District Attorney ad- ditional assistants and employees and fix their compensation. All assistants, deputies and employees of the Eistriot Attorney’s office shall be appointed by the District Attorney and shall hold office at his pleasure. A UDITOR Sec. 62. There shall be an Auditor who shall be the head of the frepart- ment of Finance. He shall be an elect- or of the city and county at the time ºf his election, and must have been such for at least three years next pre- ceding his election. The Auditor shall be elected by the qualified electors of the city and coun- ty for a term of four years at the gen- eral state election next preceding the expiration of the term of the County Auditor in office at the time this chair- ter shall take effect, and every four years thereafter. He shall receive an annual salary of five thousand dollars. He shall always know the exact condi- tion of the treasury and every demand upon it. He shall be in personal at- tendañge at his office daily during office hours. He shall be the general ac- countant of the city and gounty and shall receive and preserve in his office ałł accounts, books, vouchers, docu- ments and papers relating to the sº- have duly - counts and contracts of the city and county, its debts, revenues, and other financial affairs. He shall give inform- ation as to the exact condition of the treasury and of every appropriation and fund thereof upon request of the Metropolitan Council or the Manager. The Auditor shall appoint, subject to the Civil Service provisions of this charter, such deputies, assistants, clerks and stenographers as may be provided by the Metropolitan Council. He shall have power to administer Oaths and summon witnesses and order the production of books, papers and other evidence for any purpose con- nected with the financial administral- tion of the city and county. No money shall be drawn from the city and coun- ty treasury except by warrant signed by the Auditor. The Auditor shall not draw his warrant for the payment of any claim until he is satisfied that the claim represents an obligation legally incurred and that the amount of said clainn is not, when added to all ex- penses already incurred against the ap- propriation in question, in excess of the annount of the said appropriation, or of said appropriation plus duly author- ized transfers thereto. ACCOUNT | NG SYSTEM - Sec. 63. The Auditor shall install and maintain a modern accounting system, which shall include such a standard classification of income and expendi- tures as will permit of the preparation at any time of a general balance sheet disclosing the exact financial condition Of the city and county as to assets and liabilities. He shall provide uniform forms of account for all officers and departments of the city and county. He shall supply to all such officers and departments uniform forms, blanks, books of record and other financial Stationery used in connection with the accounting system. - The accounting system shall further provide for the record in detail of all transactions affecting the acquisition, custodianship and disposition of val- ues; for the complete record of unit and job costs in all operating depart- ments; for a detailed account of all transactions of the purchasing agent; for summaries of income and expendi- tures supported by detailed schedules, and also comparisons with the last fis- cal year; and for a general balance sheet exhibiting the assets and liabili- ties of the city and county supported by departmental schedules for each public utility operated. The Metropolitan Council may at any time authorize and require the Auditor to contract with a duly qualified certi- fied public accountant, or firm of certi- fied public accountants, to design and install the accounting system herein referred to or any portion thereof or extension ºthereto. º PAYMENT OF CLAFMS Sec. 64. All claims shall be submit- ted to the Auditor upon vouchers, the form of which shall be prescribed by him, signed by the head of the de- partment for which the indebtedness was incurred, and countersigned by the Manager or an officer designated by the Manager. Hefore issuing such vouch- ers, the head of the department must inspected the supplies or thaterials furtlished, or work done, and have certified the same as satisfag- tºry.º. - shall cause to be kept, on forms fur- fished by the Auditor, accurate time reports, duly certified by sºme member of the department having cºgnizance The head of each department thereof, as the basis for payroll vouch- ers, Each head of a department and his surety shall be liable to the city and county for all loss or damage sus- tained by the city and county by real- son of the negligent or corrupt ap- proval of any claim against the city and county in his department. The salaries and compensation of all offic- ers, including policemen, firemen, em- ployees of all classes, and all teachers in the public schools, and others em- ployed at fixed wages, shall be payable monthly. º REPORT OF FINANCIAL CONDITION - Sec. 65. The Auditor shall submit to the Metropolitan Council a monthly report, containing in detail the receipts and disbursements of the city and county on all accounts, the expendi- tures made and obligations incurred during the preceding three months, and a balance sheet showing the financial condition of the city and county, and of the several funds, and the total un- expended balance to the credit of each appropriation. Copies of this report shall be supplied to the Manager, each member of the Metropolitan Council, the borough boards of trustees and heads of departments. Copies of the balance sheet shall be delivered to all public libraries, newspapers and such citizens as make application therefor. As soon after the completion of each fiscal year as practicable, the Auditor shall submit to the Metropolitan Coun- cil a similar report and balance sheet for the preceding fiscal year. This re- port shall be printed in a pamphlet form for general distribution. - ANNUAL AU DIT OF ACCOUNTS Sec. 66. The Metropolitan Council shall enploy, for a stipulated compen- sation, at the beginning of each fiscal year, a certified public accountant, or firm of certified public accountants, who shall examine the books, records, and reports for the preceding fiscal year of the Manager, Auditor, Treas- urer and Tax Collector, and all other officers and employees of the city and county, and make triplicate reports of his or their findings thereon. One of these reports shall be filed with the Manager, one with the Metro- politan Council and one with the Audit- or. Such accountaint or firm of ac- countants shall have unlimited privi- lege of investigation and the same powers with regard to compelling the attendance of witnesses, the production of books and papers and the admin- istering of oaths, as are conferred on the Metropolitan Council by the provi- sions of this charter. Every officer arid employee of the city and county shall give alſº required assistance and infor- mation to such accountant or firm of accountants, and submit to him or them for examination such books and papers of his office as may be re- quested, and failure to do so shall be deemed and held to be a forfeiture and abandonment of his office. The Metro- politan Council shall provide for the payment of the services of such ag- countant or firm of accountants. - ASSESSOR - Sec. 67. There shall be an Assessor who shall be elected by the qualified electors of the city and county for a term ºf four years at the general State election next preceding the expiration of the term ºf the Assessor of Alarméda County in office at the time this chair- ter shall take effect, and every four years ºthereafter. He shałł be an elector of the city and cºunty at the time of his election and must have been such for at least three years next preceding his election. He shall receive an annual salary of seven thousand dollars. He shall have and exercise all the powers conferred, and shall discharge all the duties imposed upon assessors of counties, and cities and counties by the laws of the State of California, except as otherwise pro- vided in this charter. In addition thereto he shall discharge such other duties as may be prescribed by this charter or by the Manager. The As- sessor shall appoint, subject to the civil service provisions of - this charter, such deputies, assistants, clerks and sten- ographers as may be provided by the Metropolitan Council. - APPOINTMENT AND QUALIFICA. TIONS OF MANAGER Sec. 68. There is hereby created the office of Manager. The Manager shall be appointed by the Metropolitan Council and shall be chosen solely on the basis of his administrative and ex- ecutive qualifications. The selection of a Manager shall not be limited to in- habitants of the city and county or of the State, but no councilman, during the term for which he was elected or appointed, shall be appointed Manager. The Manager shall be appointed by, and shall hold office at the pleasure of the Metropolitan Council. His annual salary shall be fixed by the Metropoli- tan Council, but shall not be less than $12,000. - The Manager shall be the adminis- trative head of the city and county and, except as otherwise provided in this charter, shall be responsible to the Metropolitan Council for the efficient conduct and operation of all depart- ments, and for the efficient adminis- tration of all the affairs of the city and county. Neither the Metropolitan Council nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the Mar:ager or in any manner in- terfere with the Manager or prevent him from exercising his own judgment in the appointment or removal of boards, officers and employees. Except for the purpose of inquiry, the Metro- politan Council and its members sha.]] deal with the administrative service solely through the Manager, and nei- ther the Metropolitan Council nor any member thereof shall give orders to any of the appointees of or the officers or employees under the supervision of the Manager, either publicly or pri- vately. Any councilman who shall vio- late any of the provisions of this para- graph shall forthwith forfeit his office, POWERS AND DUTIES OF - tº MANAGER Sec. 69. The Manager shall have the power and it shall be his duty: (a) To see that all laws of the State and all ordinances and measures of the city and county and of each borough are enforced. - (b) Exeept as otherwise provided in this charter, to appoint all officers and employees of the city and county; and, subject to the provisions of this char- ter, he may suspend or remove any such officer or employee. (c) Except as otherwise provided in this charter, to exercise general super- vision and direction over all persons, firms, companies and corporations own- ing, contrºlling and ºperating p utilities within the city and & limits, insofał as any ºf them are sub- - public Cºunty ject to municipal control, and to se that all terms and conditions impose in favor of the city and county or it inhabitants, upon any public utility are faithfully kept and performed. (d) To prepare and submit to th Metropolitan Council and boards a trustees of boroughs the annual bud get, and to keep the Metropolita, Council and boards of trustees of bor oughs fully advised at all times as tº the needs and financial condition º the city and county, and of the re. spective boroughs, and to furnish in formation to said Metropolitan Coun cil and boards of trustees in the marº ner and form required by them. (e) To attend, either in perso deputy, ºil meetings of the tan Council; he may atten of the boards of trustees a erał boroughs, and must neetings, either in person; uty, when requested by suc'. (f) To recommend to the tan Council and boards of tº boroughs for adoption such as he may deem necessary 9, dient. - (g) To examine, or cause to b amined, at any time, without notic- the affairs of any office of the city and county or of any borough, and the official acts and conduct of any officer or employee, and he, or any person ap- pointed by him for such purpose, shall have the same power with regard to compelling the attendance of witnesses, and the production of books and paw pers, the administering of oaths and proceedings for contempt which is con- ferred upon the Metropolitan Council by this charter. - - - (h) To devote his entire time to the interests of the city and county and to perform such other duties as may be prescribed by this charter or re- quired of him by the Metropolitan Council. --- (i) To appoint such advisory boards as he may deem necessary or expedient to advise him in directing the admin- istrative affairs of the city and county. (j) To appoint a secretary and such deputies and employees in his office as He may require. (k) Upon the recommendation of the head of any department, board, office, court, commission or institution in which any personal property of the city and county is not required for public use, to sell said property at public auc. tion at such place within the city and county as he may determine, after five days’ riotice given by posting in three public places in the city and county, and convey the same to the highest bidder for cash, paying the proceeds into the treasury of the city and couna ty; provided, that if it be determined by the Metropolitari Council that the property proposed to be sold does not exøeed in value the sum of two hun- dred dollars, or, if such property be the prºduct of the city and county farm, the same may be sold by the Manager at private sale without advertising. (1) Whenever authorized by ordi- nance of the Metropolitan Council, to sell at public auction at such place within the city and county as he may determine, after five days' notice given by publication in a newspaper of gen: eral circulation, to the highest bidde: for cash any real property belºnging to the city and county, and nºt re. quired for public use paying the rºo. ceeds into the treasury of tº * - hº Cºunty, , - - ** 6 - ºr- SHERIFF Sec. 70. There shall be a Sheriff whº shall be appointed by the Manager. He shall receive an annual salary of four housand dollars. He shall have and ºxercise all powers conferred and shall ºtscharge all duties imposed upon sher- ºffs of counties and cities and counties by the Laws of the State of California, except as otherwise provided in this ºarter. In addition thereto he shall ºscharge all duties which may be pre- ºed by this charter or by the Man- sºer. The Sheriff shall designate the Sº to be perfºrmed by his depu- *Shail be a constabulary divi- Rºº Sheriff's office which shall º as to give efficient and Nice protection to that por- sº city and county not in- ºn the territorial limits of L. ºft. º º * all be one Constable for the ºncluded within the boundar- sº present townships of Murray ºasanton, one Constable for the ory included within the boundar- ºf the present township of Eden and ine Constable for the territory included within the boundaries of the present township ºf Washington and such ad- ditional Constables as may be provided by the Metropolitan Council. - Consta- bles shall be subject to the orders of the Sheriff and shall be ex-officio depº ity sheriffs and their jurisdiction shałł extend throughout the city and county. Sec. 71. There shall be a Clerk whº shall be appointed by the Manager. He shall receive an annual salary of five thousand dollars. He shall have and exercise all the powers conferred and shall discharge all duties imposed up- on county clerks of counties and cities and counties by the laws of the State of California, except as otherwise pro- ºvided five thousand dollars. California. in this charter. In addition thereto he shall be clerk of the Metro- politan Council and shałł discharge all duties which may be prescribed by this charter or by the Manager. º - TREASURER - * See. T2. There shall be a Treasurer who shall be appointed by the Manager. He shałł receive an annual salary of - He shall have and exercise all powers conferred and shall discharge all duties imposed upon treasurers of counties and cities and counties by the laws of the State of Califºrnia, except as otherwise pro- vided in this charter. In addition thereto he shall discharge all duties which may be prescribed by this char- ter or by the Manager. He shall be the custodian of the moneys of the city and county and the several boroughs, and shall pay out the same only on warrants drawn by the Auditor. He may deposit such moneys in such bank or banks as will pay the highest inter- est on the funds so deposited upon the deposit of bonds with such Treasurer, as provided by the laws of the State of He shall keep such books and records as may be prescribed by the Auditor. TAX COLLECTOR AND Ex-offic to - LICE NSE COLLECTOR - 3. There shall be a Tax Col- fººtor, who shall be ex-officio License ºflector, and who shall be appointed by the Manager. annual salary of five thousand dollars. *He shall have and exercise all powers He shall receive an ºnferred, and shall discharge all du- # ties iumpºsed upon tax collectors and li- ºilegiºns ºf ºolinities and cities and counties by the laws of the State of California, except as otherwise pro- vided in this charter. In addition there- to he shall discharge all other duties which may be prescribed by this char- ter or by the Manager. - RECORDER Sec. 74. There shall be a Recorder who shall be appointed by the Man- ager. He shall receive an annual sal- ary of four thousand dollars. He shall have and exercise all powers conferred and discharge all duties imposed upon recorders of counties and cities and counties by the laws of the State of ed in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this charter or by the Manager. - - Photography shall be used in the re- cordation of all papers and documents whenever required by the Manager. CORONER Sec. 75. There shall be a Coroner, who shall be appointed by the Man- ager. He shall receive an annual sal- ary of four thousand dollars. He shall have and exercise all powers and dis- charge all duties in posed upon public administrators of courities and cities and counties by the laws of the State of California except as otherwise pro- vided in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this chair- ter or by the Manager. --- PU Bi C A D M ; NISTRATOR Sec. 76. There shall be a Public Ad- ministrator who shall be appointed by the Manager, He shall receive an an- nual salary of four thousand dollars. He shall have and exercise all powers conferred and discharge all duties in- posed upon public administrators of counties and cities and counties by the laws of the State of California, except as otherwise provided in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this charter or by the Manager. , The City Attorney shall be the attor- ney for the Public Administrator. The Public Administrator and his attorney shall collect all fees and commissions to which such officers are entitled un- der the laws of the State of California, and shall pay the same into the treas- ury of the city and county to the credit of the general fund. - FiSH A Niº GAME WARDEN Sec. 77. There shall be a Fish and Game Warden who shall be appointed by the Manager whenever in his opin- ion the public welfare demands the services of such an officer. He shall receive an annual salary of twelve hundred dollars. He shall have and exercise all powers conferred and dis- charge all duties in posed upon fish and game wardens of counties and cities and counties by the laws of the State of California, except as otherwise provided in this charter. In addition, thereto, he shall discharge all duties which may be prescribed by this char- terror by the Manager. º LºvE STOCK iNSPECTOR Sec. 78. There shall be a Live Stock Inspector who shall be appointed by the Manager whenever in his opinion the public welfare demands the ser- vices of such an officer. He shall re- ceive a salary of one hundred and twenty-five dollars per month. He shall have and exercise all powers con- ferred and discharge all duties in- posed upon live stock ſhspectors of counties and cities and counties by th laws of the State of California, excep, California, except as otherwise provid-; as otherwise provided in this charter. In addition hereto, he shall discharge all duties which may be prescribed by this charter or by the Manager; pro- Vided, that the Manager may at any time consolidate this office with the of - fice of Fish and Game Warden, and, in the event of such consolidation, said Fish and Game Warden shall have and exercise all powers conferred and dis- tion upon the Live Stock Inspector. The salary of such consolidated office shall be fixed by the Metropolitan Council. SEALER OF WEIGHTS AND MEASURES Sec. 79. There shall be a Sealer of Weights and Measures who shall be ap- pointed by the Manager. He shall re- ceive an annual salary of three thou- Sand dollars. He shall have and ex- ercise all powers conferred and shall discharge all duties imposed upon sealers of weights and measures of counties and cities and counties by the laws of the State of California, except as otherwise provided in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this charter or by the Manager. HORT CULTURAL COMM SSHONER Sec. 86. There shall be a Horticul- tural Commissioner, who shall be ap- pointed by the Manager. He shall re- ceive such compensation as may be prescribed by the Metropolitan Coun- eil. He shall have all powers conferred and discharge all duties inaposed upon horticultural commissioners of counties and cities and counties by the laws of the State of California, except as oth- erwise provided in this charter. In addition thereto, he shall discharge all duties which may be prescribed by this charter or by the Manager. - EMPLOYEES OF COUNTY OFFICES Sec. 81. There shall be allowed to the Sheriff, Clerk, Auditor, Treasurer, Tax Collector, Recorder, Assessor, Cor- oner, Sealer of Weights and Measures and Horticultural Commissioner, until such time as classification of such of - fices shall have been made by the Civil Service Commission, such assistance as shall be provided by the laws of the State of California, at the time this charter shall take effect for the Sher- iff, County Clerk. Auditor. Treasurer, Tax Collector, Recorder, Assessor: Cor- oner, Sealer of Weights and Measures and Horticultural Commissioner of the County of Alameda. cºſ Y ATT of NEY Sec. 82. There shall be a City Attor- ney who shall be appointed by the Manager. He shall receive an annual salary to be fixed by the Metropolitan Council. He shall be a qualified elector of the city and county and must have been such for at least three years next preceding his appointment. He must be an attorney admitted to practice in the courts of the State of California, and must have been engaged in the active practice of law for at least five years next preceding his appointment. He shall be the legal adviser, except in criminal matters, to the Metropoli- tan Council, the Manager, and all de- partments, boards and officers of the city and gounty and of the Boroughs of Albany, Alameda, Berkeley, Emeryville, Oakland, Piedmont and San Leandro, The City Attorney must prosecute and defend for the city and Čounty and for the several boroughs above named aii actions at lay or in equity and special proceedings for or against the city and county or any such borough, or in Whigh the gify and gºunty ºf any such charge all duties in posed by this sec- borough may be legally interested, or for any officer of the city and county or the above named boroughs in any action or proceeding when directed so to do by the Manager or the Metro- politan Council or Board of Trustees of any such borough. Whenever any cause of action at law, in equity, or in any special proceeding shall exist in favor of the city and cºunty or any of the above named boroughs, the City Attorney shall commence the Sarºle when within his knowledge or When directed so to do by the Metropolitan Council or Borough Board of Trustees. He shall give his advice or opinion in writing to any officer, board or com- mission of the city and county or of any of the boroughs above named when requested in writing so to do by such officer, board or commission. The City Attorney shall approve by endorsement in writing the form of all official or other bonds required by this charter or by ordinance before the same are submitted to the proper body, board or officer for final approval, and no such bond shall be approved with- out such endorsement as to form by the City Attorney. He shall approve in writing the draft of all contracts be- fore the same are entered into by or on behalf of the city and county or any such borough. He shall not settle or dismiss any litigation for or against the city and county or any such bor- ough unless upon written recommenda- tion he is ordered to do so by the Metropolitan Council or by the Board of Trustees of the borough concerned. The City Attorney shall discharge all other duties imposed upon him by this charter or which may be prescribed by the Manager or the Metropolitan Coun- cil. - The City Attorney shall keep on file in his office copies of all written com- munications and opinions given by him to any officer, board or connaission; copies of all papers, briefs and tran- scripts used in cases wherein he ap- pears; books of record and registry ºf all actions or proceedings in his charge, - - - The City Attorney shall appoint and may suspend or remove such assist- ants, deputies, clerks, stenographers, and other persons as the Metropolitan Council may provide. Such assistance shall not be subject to the civil service provisions of this charter. - Nothing in this section shall be gon- strued to prevent the Metropolitan Council from employing such special counsel as may from time to time be necessary. - The City Attorney, until such time as the Metropolitari Council shall have provided the necessary assistance for his office, shall be allowed one assist- ant who shall receive three hundred doiiars per month; two deputies who shall receive two hundred and fifty dol- lars per month each; and two stenog- raphers who shall receive one hundred º, twenty-five dollars per month each, - PUBLIC DEFENEER See, 83, Whenever the Metropolitan Council shall have determined that the public welfare requires the services of such an officer thers shall be gº Public Defender who shall be appointed by the Manager, He shall be a qualified elector of the city and gourity and must have been such for at least three years next preceding his appointment, #: must be an attorney admitted tº praig- tice in all the courts of the State of California, and insist, 33ays baea exis gaged in the active practice of the iavº for at least three years next pre- ceding his appointment. He must de- vote all his time to the duties of his office, and shall not engage in the praº. tice of iaw except in the capacity of Public Defender. - - - Except as otherwise provided in this charter, the Public Defender shall, have and oxercise all powers and discharge all duties conferred or imposed by the laws of the State of California, on pub- lic defenders of counties. In addition thereto, he shall discharge all duties which may be prescribed by this char- ter or by the Manager. - PURCHASHING AGENT - Sec. 34. There shall be a Purchasing Agent who shall be appointed by the Manager. He shall receive an annual salary, to be fixed by the Metropolitan Council, of not less than four thousand dollars. He shall purchase, except as otherwise provided in this charter, all materials, supplies and equipment for ail departments, offices, boards, courts, commissions and institutions of the city and county and the several bor- oughs thereof. - - All departments, offices, courts, commissions and - shall, as soon as the annual appropria- tion ordinance shałł have been adopt- ed, furnish the Purchasing Agent an es: tiºnate of the materials, supplies and equipment required by each of them Guring the ensuing fiscal year. - The Purchasing Agent shall purchase and keep in the city and county store all materials, supplies and equipment which reasonably and advantageously may be kept in such store, and shall issue such materials, supplies and equipment on requisition of the head of the department, office, board, court, commission or institution requiring them. Other imaterials, equipment shall be purchased by the boards, purchasing agent upon the requisition of the head of the department, office, board, court, commission or institutiºn requiring the same. - STANDARD12 ATHON OF SUPPLIES Sec. 85. The Purchasing Agent shall standardize, as far as possible, all ima- terials, supplies and equipment re- quired for the conduct and operation of all departments, offices, boards, courts, commissions and institutions of the city and county and of the several boroughs thereof. - STORE FUND - Sec. 86. The Metropolitan Council shall provide the necessary working capital required for the purchase of materials, supplies and equipment for the city and county store, - REQUISłT4 Oºis TO BE WITH | N --- APPROPRIATIONS Sec. 87. The Purchasing Agent shall not furnish any materials, supplies or equipment for any department, office, board, court, commission or institution, unless there is an unencumbered balls ance to the credit of such departimerite office, bºard, court, commission or iris stitution sufficient to pay therefor. *TRANSFER OF FUNES - See: 88. All materials, supplies atº equipment required for the use of any department, office, board; court, com- mission or institution shall be paid f by the transfer of funds from the fun of the respectivº departinent, offic º, commission of institu predit of the stºre funds - ASSISTANCE TO PURCHASING AGEN* Sea. 89, The - wrºtropolitan Council shall provičić, the Purchasing: Agen? institutions supplies and - - - ſ 7 with the necessary warehouses, offices and assistants. DEPARTMENT OF PUB-1C works Sec. 30. The Department of Public works, except as otherwise provided in this charter, public work relating to streets, pr wiaducts, tunnels and subways: idges, street cleaning, lighting and watering; sew- ers and sewage disposal; º efuse collection and disposal; - º: all manner of public work; building inspection; the making and preservation of all surveys, mºps. plans and drawings; the issuance of. building permits; fire alarm and police tele- raph systems; all electrical work of § city” and county; and all other mat- ters which may be assigned to it. by this charter or by the Metropolitan Council with full º to º,” or erform all or any of such work º p; RECTOR OF PUBLIC works Sec. 91. There shall be a Director of Public works who shall be appointed By the Manager, and who shall be the head of the Department of Public works and ex-officio Surveyor and City Engineer. He shall be a civil engineer of not less than five years' practical ex: perience as such. He shall, have and exercise aii powers conferred and shall discharge alſ duties imposed upon city engineers and surveyors of counties, and of cities and counties by the laws of the State of California: and in addi- tion thereto he shall discharge such other duties as may be prescribed by this charter or by the Metropolitan Council. - - º - The department shall be organized into a Division of Roads, Streets and §ewers, a Division of Building Permits, a Division of Electricity, and such other divisions as may be deemed necessary for the efficient performance of the du- ties of the department. Divisions of ROADS, STREETS AND SEWERS . Sec. 32. There shall be a Superin- tendent of Streets to be appointed by the Director of Public Works, who shall be the head of the Tivision of Roads, Streets and Sewers. This Division shall have charge of all road, street, bridge and sewer construction, maintenance and repairs, and of cleaning and water- ing the roads and streets, and of the collection and disposition of garbage, and other refuse within the city and county. , - º - Divisiº OF BUH-DiNG PERMITS A.N.DºnºspºCT FC N See: 33. There shall be a Building ſn- spector to be appointed by the Director of Public Wºrks, who shałłº be the head of the Tºivision of Building Permits and inspection. This Division shalf have charge of aii building permits and the enforcement of all laws arid ordinances relating to buildings, except as other- wise provided in this charter. - Division: OR ELECTRICITY Sec. 94, There shall be a Chief Elec- trician to be appointed by the Director ºf Public Works, who shall be the head ºne Division of Electricity. This viſion shall have charge and super- ºsiºn ºver the construction and main- *enance of the fire alarm and police elegraph systems; shall enforce all ºules, regulations, orders and require- *nents in regard to the inspection and ºupervision of electrical wires and ap- iances for furnishing fight, heat or ower ºn, under, over ºr upon the §treets and buildings ºf the city and fº shall have ºharge ºf the fight- g and power of the city and county: słłąż żºłaże tests and #etermine t shall have charge of all || inerintendent of Streets light and heat-giving properties of gas used throughout the city and county; and shall have general charge and suº pervision over all municipal electrical cost of the construction, re-construg- tion, repair or maintenance of any structural work in the nature of a pub- lic improvement (including a public is to be paid for by special assessment on private property, the proceedings therefor shall be in accordance with and be governed by the general laws of the State of California in force and effect at the time such proceedings are initiated, with the following excep- htions: - First. All powers conferred and all duties imposed by the general laws of the State of California, on city councils shall be performed by the Metropolitan Council. - - Second. All powers conferred and all duties inºposed by the general laws of the State of California, upon the clerk of the city council shall be performed by the clerk of the city and county. Third. In street opening and clos- ing proceedings, officers or employees of the Tepartment of Public Works shall be appointed commissioners and secre- taries, and they shall serve without ad- ditional compensation. No attorney shall be appointed, but all duties in- posed on attorneys under the general laws of the State of California shall be performed by the City Attorney. Fourth. If at any time prior to the award of a contract the Metropolitan Council shall determine that it is for the public interest that the work be done by the city and county and not by contract, it may so order; and thereupon the work shall be done by the city and county under the direc- tion of the Department of Works, and the assessment and warrant there- for shall be issued in the name of the city and county. Assessments made in the name of the city and county shall be enforced in the same manner as are assessments provided in the general laws of the State of California gov- erning the work. No assessment under this provision shall be for more than the cost of the work plus incidental ex- penses, all as determined by the Su- prior to the making of the assessment. Fºo Apºst Ricºrs Sec. 36. The shalf divide that portion of the city and county not included within the botºndaries of any borough into suitable road districts, and may change the boundaries thereof. Such road districts shall be governed as provided by the laws of the State of California, except that the Director of Public Works shall exercise the powers and duties that now are or hereafter may be conferred ºr imposed by such laws tºpon road commissioners and county surveyors. The Metropolitan Council shall have all power which now is or hereafter may be conferred upon county boards of su- pervisors relating to the levy of taxes in such road distriºts. - - CORPORATION YARDS see: 37. The Director ºf Public Works with the approval ºf the Metropolitar, Council, shall select, establish and maintain sºme convenient place or places in the city and county which shall be knºwn as the Corporatiºn Yards and wherein shall be kept aii matters. - - - SPECIAL ASSESSMENT Sec. 95. Whenever any part of the utility and work upon public streets). Metropoſitan council machinery belonging to the city and county to be used in repairing, clean- ing or sprinkling the streets, or for any improvement thereon, or for any other necessary municipal construction pur- LETTING OF CONTRACTS - Sec. 98. The Metropolitan Council shall prescribe the method of ſetting contracts for all public work required by law to be let by contract. PO - CE DEPARTMENT Sec. 99. There is hereby created a Police Department of the city and coun- ty, which shall consist of a Chief of Police and as many subordinate offic- ers and such policemen and employees as may be prescribed in the manner provided by this charter. The Chief of Police shall be appointed by and shall hold office at the pleasure of the Manager. POVVERS AND DUT | ES OF CHIEF OF POLICE Sec. 100. The Chief of Police shall be the head of the Police Department and shall be charged with the manage- ment and direction of the Police De- partment, with full power to detail any of the members of the Department to such public service as he may direct; he shall have and exercise such other powers and duties connected with the office as may be assigned to him by the Metropolitan Council. The juris- 190Sè. diction of all officers and employees of the Police Department shall extend throughout the city and county. - SALARI ES Sec. 101. Salaries of all of the em- ployees of the Department shall be uni- form for each rank and grade in the department, as classified by the Civil Service Commission, and shall be fixed by the Metropolitan Council. The num- ber, duties, and salaries of the police force in the Boroughs of Hayward, Livermore and Pleasanton shall be es- tablished by the Boards of Trustees of such boroughs. PRESENT POLICE OFFICERS T. *CONTINUE IN FORCE Sec. 102. The members of the police force of the municipalities of Ala- meda, Albany, Berkeley, Emeryville, Oakland, Piedmont and San Ileandro on the thirtieth day of June, 1923, shall be retained in the same grade or like grades and at the same salaries then ºxisting until they shall have been re- classified, promoted, demoted, or re- moved, as provided in this charter. WOMEN'S DEVISION See, 103. The Chief of Police shall organize a Women’s Division in the Po- lice Department. All cases involving women, either as plaintiff, defendant or complaining witness, must be re- ferred immediately to the Women's Di- vision. The Manager shall appoint a woman as Eirectºr of the Women's Di- visión. In all cases involving women she shall have and exercise all the pow- ers conferred and discharge all the duties ºn posed tâpon inspectors of the Police Department. The Director of the Women's Division may appoint, subject to the civil service provisions of this charter, such assistants as may be al- lowed by the Metropolitan Council. FERE DEPARTMENT Sec. 104. There is hereby created a Fire Department ºf the city and county, which shall consist of a Fire Chief and as many subordinate officers and such firemen and employees as may be pre- seribed in the manner provided in this charter. ºne ºire chief shaft be appointed by --- the Manager. The Fire Chief shall the Fire Department and shall charged with the management and ºl- rection of the Fire Department, with full power to detail any of the members of the Department to such public servº ice as he may direct; he shall have and exercise such other powers and duties connected with his office as may be as- signed to him by the Metropolitan Council. The jurisdiction of all offi- cers and employees of the Fire Depart- ment shall extend throughout the city and county. There shall be such fire houses, en- gines and other apparatus and equip- ment, and such firemen and other em- ployees of the Department, as shall be determined by the Metropolitan Coun- cil. - Salaries of all of the employees of the Department shall be uni- form for each rank and grade in the Department as classified by the Civil Service Commission and shall be fixed by the Metropolitan Council. The Fire Departments of the Bor- oughs of Hayward, Livermore and Pleasanton shall be under the juris- diction and control of the respective boards of trustees of such boroughs. Nothing in this charter shall be taken to prevent the Fire Chief or the boards of trustees of the Boroughs of Hay- ward, Livermore or Pleasanton from making use of volunteer firemen, whose organization and discipline shall be regulated by ordinance. The Metropolitan Council, upon the recommendation of the Fire Chief, shall adopt rules for the government, equip- ment and uniform of the officers, em- ployees and members of the fire de- partment. SALARIED MEMBERS OF THE FIRE DEPARTMENT CONTINUED N FORCE Sec. 105. Salaried members of the fire departments of the municipalities of Alameda, Albany, Berkeley, Emery- ville, Oakland, Piedmont and San Le- andró, on the thirtiºth day of June, 1923, shall be retained in the same grade or like grades and at the same salaries then existing until they shall have been reclassified, promoted, de- moted or removed, as provided in this charter. Civi L SERVICE COMMISSION Sec. 106. There is mereby created a Civil Service Commission, consisting of three electors of the city and county who shall serve without compensation. The Mayor first elected after the adop- tion of this charter shall, within two weeks after taking office, appoint three elector's of the city and county as mem- hers of the Commission, one to serve for two years, one for four years, and one for six years, to take office as soon alsº appointed and qualified. Thereafter members of the Commission shall be appointed by the Mayor to serve for terms of six years and until their sue- cessors have been appointed and have qualified. If a vacancy shall occur in the office of Commissioner it shall be filled by appointment by the Mayor for the unexpired term. QFFICERS OF THE COMMIssiºn Sec. 107. The Commission shall des: ignate one of its members as President, shall appoint a Chief Examiner whº shall be ex-officio secretary, and may appoint such other enºloyees ºs the Commission may deem necessºry. The salaries of the Chief ººliner and alſº be the head of be- CLASSIFICATION Sec. 108. The civil service ºf the ºcity and county is hereby divideº intº * unclassified and the classified ºn- vºice. The unclassified service shall inºude: 1. All officers elected by the people. 2. The Manager. 3. All heads of departments. - 4. The members of all appointed boards and commissions. - - 5. All persons serving the city and county without compensation. - All assistants, deputies and other employees in the offices of the District Attorney and of the City Attorney. 7. All officers of election. 8. All deputies and secretaries Manager. 9. The Secretary to the 10. All Borough Clerks. The classified service prise all positions not spee cluded by this charter in tº fied service; provided, that a vacancy requiring peculiar * ceptional qualifications of a tº professiºnal or expert characters satisfactory evidence that compee, is impracticable and that the posiº can best be filled by the selection of . person of recognized attainments, the Commission, upon the recommandation ºf the Metropolitanº Council or of the Manager, may suspend competition, but no such, suspension shall be general in its application to such position, and all such cases of suspension shall be re- ported by the Commission, together with the reasons therefor, to the Met- ropolitan Council. - DUTHES C F THE Civil SERVºic E COMMISSION - Sec. 109. It shall be the duty of th Civil Service Commission: 1. To provide for the standardization and classification of all positions in the classified civil service. The classifica- tion into groups and subdivisions shall be. based upon and graded according to the duties and responsibilities of such positions, and shall be so arranged as to permit the filling of the higher grades through promotion, Ali saiaries shall be unifºrm for like service in each grade as the same shall be classified and standardized by the Commission. No standardization or classification of salaries shall become final until ap- proved by the Metropolitan Council, and no salaries shall be paid except in accordance with such standardization and glassification. The Metropolitan Council shall not approve any standard- izatiºn or classification of salaries un- til at least thirty days after it shall have been submitted to the Metropol- itan Council by the Commission. For the purpose of making the initial stan- dardizatiºn and glassification, the Met- ropºlitan Council, upon the request ºf the Cºmmission, shall furnish to the Commission such assistance as may be Ilºcºssary. - 2. To prepare and hold open compet- itive examinations in order to test the relative fitness of all applicants for ap- pointment to the classified givil service. A PPC'ſ Mºſſy ENTS - Sec. 110. Whenever a position in the competitive classified civil service is to be filled, the appointing authority shall notify the Commission of that fact, and the Commissiºn shall gentify to such authority the names and ad- dresses ºf the three candidates stanti- º: **** the º list for tº: ºlºš º ºrade to which sugh pºsitiºn belºngº e appºinting authority ºf all º -- ºther employees of * Cºmmission - hematerials, suppºſes, implements and and shati hold ºffice at the pleasure ºf shall be fixed by the Cºmmiſºgion. ºppºint ºne ºf the tº persºns cer tified to him to stºº positiºn. sº º – Nº CIVIL SERVICE EMPLOYEES "I see, 114, ºf the County of Alameda or of any municipality therein at the time this charter shall take effect, whose posi- tions; it is designed by this charter to include in the classified civil service, ºhail uniess otherwise provided in this charter, and subject to demotion, sus: mension and removal, continue to hold their respective positions pending the classification thereof and the determin- letion of the class and grade of said em- ºyees. - PREFERENCE - &g. #12. Whenever in a competitive sation the total, rating ºf ºny º engaged in the military h service of the United States Civil War, Spanish-Ameri- ºilippine Insurrection, China ãition, or War against Geº- Austria, and has been hon- Marged from such service, is What of ºthers passing the ex- ºf who have not engaged in *vice, then that person shall - reference over all others of the tº rating, and the appointing au- - ority sha iſ be required to follow such "preference in appointing to the position in question. - R.E.Mov AL AND SUSPENSION Sec. 13. Any officer or employee in the classified civil service may be re- moved or suspended by the Manager or other appointing authority, and may be suspended for a period not to exceed three days by the head of the depart: ment in which he is employed, but said officer or employee, within five days after such remoyal or suspension, shall be furnished, upon his demand, with a written statement of the reasons there: for, and a copy of such statement shall be filed with the Commission and be made a part of the records thereof. Pol ITICAL ACTIVITY Sec. ii 4. No officer or employee of the city and eounty shall directly or in- directly make, solicit or receive, or be in any manner concerned in making, soliciting or receiving any assessment, subscription, or contribution for any political party or any political purpose whatsoever, No person holding a po- sition in the classified civil service shall take any part in political management or affairs in any political campaign or election, or in any campaign to adopt or reject any initiative or referendum measure other than to cast his vote or privately to express his opinion. Any employee violating the provisions of this section shall be removed forth with from office. INVESTIGATIONS Sec. 115. The Commission, for the purpose of carrying into effect the civil service provisions of this charter, shall have power to investigate the conduct and operation of any departments or board, and to subpoena and require the attendance of witnesses and the pro- duction of books and papers, and to ad- minister oaths. Any person failing to obey its subpoena or refusing to testify or produce books or papers required of him shall be deemed to be in contempt and the Commission shall have power to take such proceedings in the punish- ment thereof as may be taken by boards of supervisors as prºvided by the laws of the State of California. - ºr . RULES Sec. Itó. The Commission shall have power to adopt such rules as may be necessary and proper for the enforce- º All persons in the employi {Oakland at 10 o’clock a. m. on the sec- charter, - SCHOOL DISTRICTS - Sec. 117. Ali school districts, high school districts, union high school dis- tricts, and joint union high school dis- tricts, existing within the County of Alameda at the time this charter shall take effect, are hereby continued in existence, All of said districts shall be governed by One Board of Education and one Superintendent of Schools, chosen as hereinafter provided. The boundaries of any or all of said dis- tricts may be changed, or any or all of said districts may be consolidated, or new districts may be organized in the manner provided by the laws of the State of California. BOARD OF EDUCATION Sec. 118. There is hereby created a Board of Education which, except as otherwise provided in this charter, shall be the governing body of all school, high school, union high school, and joint union high school districts within the city and county. For this purpose, except as otherwise pro- vided in this charter, the Board ºf Ed- ucation shall have and possess all pow- ers and be charged with all duties now or hereafter conferred or imposed by the Constitution and laws of the State of California, upon county boards of ed- ucation, trustees of cofinmon school districts, boards of education in city school or city high school districts, and governing boards in high school, union high school, and joint union high school districts. - composition OF BOARD OF EDUCATION Sec. 119. The Board of Education shall consist of nine School Directors who shall be appointed by the Mayor, one from each council district, and two at large from the entire city and county. All School Directors shall serve without compensation. Of those School Directors first appointed under the pro- visions of this charter, three shall be appointed to serve and hold office until 12 o'clock noon on the first Monday after the first day of January, 1925; three to serve and hold office until 12 o'clock noon on the first Monday after the first day of January, 1927, and three to serve and hold office until 12 o'clock noon on the first Monday af- ter the first day of January, 1929. Thereafter, as the terms of the School Directors expire, their successors shall be appointed by the Mayor for terms of six years and shall hold office until their successors shall have been ap- pointed and shall have qualified. If a vacancy shall occur in the office of School Director, it shall be filled by ap- pointment by the Mayor for the re- mainder of the unexpired term. Such appointee must be a resident of the council district in which the vacancy occurs, unless the vacancy shall have occurred in the office of School Director at large, in which case such appointee may be a resident of any district in the city and county. Each School Director must have been an elector of the city and county for not less than one year next preceding his appointment. - MEET NGS Sec. 120. The Board of Education first appointed under the provisions of this charter shall hold its first meeting in the rooms of the Board of Education in the City Hall of the present City of ond Monday following its appointment by the Mayor. At such meeting the Board of Education shall organize and holding of regular meetings. All meet- jings of the Board of Education shall be Open to the public, and the minutes and all books of the Board of Educa- tion shall be open at all reasonable times for public inspection. No meet- ings shall be held except at such regu- lar place of meeting. - Absence from three consecutive reg- ular meetings, unless excused by the Board of Education, shall operate to va- cate the office of any School Director So absent. --- Special meetings may be called at any time by the president of the Board of Education, or by any two School Di- rectors, upon written notice to each School Director, served personally upon him or left at the place designated by him on the books of the secretary (which designation must be made to and a record thereof kept by the sec- retary) at least twenty-four hours be- fore the time of the proposed meeting. Each notice must specify the subjects to be considered, and no other business shall be transacted at such meeting. QUORUM Sec. 121. A majority of the Board of Education shall constitute a quorum for the transaction of business, but no act of the Board of Education shall be valid unless a majority of all the School Di- rectors concur therein. PROCEDURE OF BOARD OF EDUCATION Sec. 122. The Board of Education, ex- cept as otherwise provided in this charter, shall determine its rules of procedure. It shall keep minutes of its proceedings. The vote upon all matt ters coming before the Board of Educa- tion shall be taken by ayes and noes and entered upon its minutes. OFFICERS OF BOARD OF EDUCATION Sec. 123. The Board of Education shall elect one School Director as Presi- dent of the Board. The President first elected under the provisions of this charter shall hold office until the first Monday after the first day of January, 1924, and thereafter the President shall be elected by the Board for the terrn of One year. The Board of Education shall also elect a Superintendent of Schools who shall be ex-officio Secretary of the Board of Education. No School Director shall be chosen as Superintendent of Schools during the term of office for which he shall have been appointed. During the absence or disability of the Superintendent of Schools the Board of Education shall designate some prop- erly qualified person to perform his duties POWERS C, F SUPERHINT ENDENT - OF SCHOOLS Sec. 124. The Superintendent of Schools shall be the executive officer of the Board of Education, and, except as otherwise provided in this charter, he shall possess all powers and be charged with all duties now or hereafter gon- ferred or imposed by the Constitution and laws of the State of California on county superintendents of schools and superintendents of schools of city school districts, high school districts, union high school districts, and joint union high school districts, and such other duties as may be prescribed by the Board of Education. He shall be re- sponsibič tº the Board of Education for the proper and efficient conduct and operation of all public schools and for the efficient administration of all the ment of the foregoing provisions of this provide foºa firme and place for the offices of the Board of Education. Nº appointment, transfer or dismissal of any school employee shall be made by the Board of Education except upon recommendation of the Superintendent of Schools. It shall be the duty of the Superintendent of Schools to make an- nually to the Mayor a financial re- port, Segregated by districts, and such Other reports as the Board of Education may require, which reports shall be published in pamphlet form for general distribution. SCHOOL BU DGET Sec. 125. The Superintendent of Schools, at such time as the Board of Education may direct, shall submit to the “Board a detailed estimate of the expenditures required for the proper support of education for the ensuing year of each of the school districts, high school districts, union high school districts, and joint union high school districts, into which the city and county may be divided, which estimate shall include the expenditures required to be made on account of the Board of Education and the office of the Superin- tendent of Schools, and all other sums estimated to be required for outlay for new buildings, repair of buildings and grounds, including equipment, and for increasing generally the school facili- ties of the several districts, and such other items as may be required by the Board of Education. The Board of Education thereupon shall examine said estimate axºd adopt the same with or without amendments as it may deem proper, and certify the same to the Auditor. - Claims to be paid from the school fund must be based on vouchers ap- proved by the Board of Education. CIV 1 L SERVICE 126. The Superintendent of Schools, all assistant Superintendents of Schools, and all employees of the Board of Education who are now or hereafter may be required by law or by rule of the said Board to have teach- ing certificates, shall be included in the unclassified civil service, shall be ap- pointed by the Board, and may be sus- pended, demoted, or removed by the Board. All other employees of the Board shall be included in the classified civil service and shall be appointed by the Board. SCHOOL BU LD # NGS - Sec. 127. Whenever the Board of Education shall have determined upon the construction, alteration or repair of any school building or addition to any school building, the Board shall file with the Tºepartment of Public Works a de- tailed requisition for such construction, alteration or repair. The Department of Public Works thereupon shall prepare, in accordance with the requisition, the necessary plans, specifications and estimates and submit the same to the Board of Edu- eation for approval. The Board of Education then may approve or reject such plans, specifica- tions and estimates. If not approved, such plans, specifications and estimates shall be referred to the Department of Public Works, which shall make the necessary changes and corrections aſſid shall re-submit to the Board of Eduća- tion the plans, specifications and esti- mates, as corrected. --- When the Board of Education shail have approved such plans, specifica: tions and estimates, and such approval shałł have been endorsed thereon, they shall be filed with the Department of Sec. mediately to perform Work in accordance there with, within the limits of appropriations made therefor by the Metropolitan Council. The Department of Public works upon the completion of said work, shai notify the Board of Education of such completion, and said Board thereupon shall examine such work. If the work conforms to the plans, specifications and estimates approved by the Board, the Work shall be accepted by the Board, and the cost of the work, in- cluding supervision thereof, shaft be charged to the proper school fund of the district in which the work was performed. - PURCHASE OF SUPPLIES AND º EQU PMENT Sec. 128. The purchase of all ma- terials, supplies and equipment shaft be made by the Purchasing the city and county upon ãº. re- quisitions of the Board of Education. BOARD OF LIBRARY TRUSTEES Sec. 129. There is hereby created a Board of Library Trustees which shall Consist of seven members who shall be *PPºinted by the Manager, and who Shall Serve Without compensation. those library trustees first appointed ºnder the provisions of this charter, two shall be appointed to serve and hold office until i2 o'clock noon on the first Monday after the first day of Jan. gary, 1925, two to serve and hold of- ſige until 12 o'clock noon on the first Monday after the first day of Jan- Mºy, 1927. and three to serve and hold Qffice until 12 o'clock noon on the first Mºnday...after the first day of january. 1929. Thereafter, as the terms of the library trustees expire, their successors Shall be appointed by the Manager to serve and hold office for terms of six years and until their successors shati have been appointed and shali have qualified. If a vacancy shali occur in the office of library trustee it shai be filled by appointmént by the Manager for the remainder term. Each library trustee must have been an elector of the city and county for not less than one year preceding his appointment. POWERS AND DUTHEs or BoARD QF LIBRARY TRUSTEEs Sec. 130. The Board of Library Trug- tees shall have the exclusive manages the necessary ºn 5 rooms, museums and art galleries belonging to or operated by the city. and county or any borough thereof, except in the Boroughs of Hayward Livermore and Pleasanton. The board shall have the power to make and en- force such rules and regulations not gharter, as it may deem necessary for the efficient performance of its duties. With respect to all libraries, reading rooms, museums and art galleries, un- der its direction, the board shall have and exercise all powers and shafī be charged with all duties how or here: after conferred or imposed by the Con= stitution and aws of the State of Caii- fornia upon boards of library trustees of counties, cities, cities and counties inconsistent with the prºvisions of this charter. º - All professional employees of the board shall be included in the unclassi- fied civil service, their intºmber and salaries shall be fixed by the boards within the limits of the apprºpriations libraries, reading rooms, museums and art galleries and they stiałł be ap- Public Works, which shai proceed ini- - ºnfed by the bºard and may he gºs- Agent of Of of the unexpired ment and control of all libraries, read- - inconsistent with the provisions of this and towns, so far as such laws are haſ triade by the Metropolitan Council tº --- 9. -º pended, demoted, or removed by it. All ºther officers and employees of the board, subject to the civil service pro- visions of this charter, shall be ap- pointed by the board, and may be sus- pended or removed by it. The purchase of all materials, Sup- łº and equipment for libraries, read- ng rooms, museums and art galleries in, the city and county, excepting man- uscripts, pictures, prints, statuary and other works of art, curios and objects of exhibition, shall be made by the purchasing agent of the city and county upon detailed requisitions of the Board of Library Trustees. The board shall have power at any time to sell or exchange books, period- łcals, manuscripts, pictures, prints, statuary or other works of art, exhib- its, curios or other objects of exhibi- tion, and all moneys received from such sales or exchanges shall be paid into the library fund. Li BRARY BUILD INGS Sec. 131. Whenever the Board of Library Trustees shall have determined upon the construction, alteration or repair of any library, reading room, museum, or art gallery or any addition thereto, the board shall file with the Department of Public Works a detailed requisition for such construction, alter- ations or repairs. The Department of Public Works shall thereupon prepare in accordance with such requisition the necessary plans, specifications and estimates and submit the same to the Board of Li- brary Trustees for approval. The Board of Łibrary Trustees may then approve or reject such plans, specifications and estimates. If not approved, said plans, specifications and estimates, shall be referred to the De- partment of Public Works, which shall make the necessary changes and cor- rections and shall re-submit the plans, specifications and estimates as cor- :: * to the Board of Library Trus- ees. - When the Board of Library Trustees shall have approved such plans, speci- fications and estimates, and such ap- proval shall have been endorsed there- on, they shall be filed with the Depart- ment of Public Works, which imme- diately shall proceed to perform the necessary work in accordance there- with within the limits of appropria- tions made therefor by the Metropolſ- tan Council. Upon the completion of said work, the Department of Public Works shall flo- tify the Board of Library Trustees of said completion, and said board shall thereupon examine such work. If the work conforms to the plans, specifica- tions and estimates approved by the board, the work shall be accepted by the board, and the cost of the work, in- cluding supervision thereof, shall be charged to the library fund. ºf-PARTMENT OF PUBLIC HEALTH, HOSPHTALS AND SOCIAL VVELFARE Sec. 132. There is hereby greated a Jºepartment of Health. Hospitals and Social Welfare which shall be under the ºclusive management and control of a Board of Health, Hospitals and Social Welfare, Said board shall consist of £º members who shall be appointed y the Manager and who shall serve without compensation. - Of those members first appointed tº- &er the provisions of this charter three shall be appointed to serve and hold of- fice until 12 o'clock nogº on the first Monday after the first day of January, day after the first day of January, 1927. Thereafter, as the terms of the mern- bers expire, their successors shall be appointed by the Manager for terms of four years, and shall hold office until their successors shall have been ap- pointed and shall º qualified. If a vacancy shall occur in the office members of the board, it shall be filled by appointment by the Manager for the unexpired term. - The board shall organize the depart- ment into a Division of Public Health, a Division of Social Welfare and a Di- vision of Hospitals. The board shall have power to make and enforce such rules and regulations as it may deem necessary for the effl- cient performance of its duties, and to create other divisions of the work under its jurisdiction. All officers and em- ployees of the department shall be in- cluded in the unclassified civil service and their number and salaries shall be fixed by the board with the approval of the Metropolitan Council. Said. of- ficers and employees shall be appointed by the board and may be suspended, dis- ciplined, demoted, or removed by it. Division of PUBLIC HEALTH Sec. 133. There shall be a Health Of- ficer, who shall be ex-officio head of the Division of Public Health. He shall be a graduate of a reputable medical col- lege or shall have received, a degree or certificate in public health from the University of California or an institu- tion of like standing. He shall have practiced medicine or shall have been actively engaged in public health, work for at least five years prior to his ap- pointment. . . The Health Officer shall be the chief executive officer of the Division of Pub- lic Health, and shall have general Su- pervision over all its functions: He shall be especially charged with the execution within the city and county of the laws of the State of California and the rules and regulations of the State Board of Health thereof in all matters pertaining to the public health, including the inspection of plumbing: tjnder the direction of the Board of Health, Hospitals and Social Welfare, he shall have such powers and duties as may be conferred on health officers and boards of health by the laws of the State of California, or as may be pre- scribed by ordinance of the Metro- politan Council. The Health Officer and such employees of the división as shall be designated by him shall have, in respect to violation of the health regulations of the State and of the city and county, all powers of police officers of the city and county. Division or SOCIAL WELFARE Sec. 134. There shall be a Director of Social Welfare who shall be the head of the Division of Social Welfare. Under the direction of the Board of Health, Hospitals and Social Welfare, this division shall investigate, deter- |mine, and supervise the giving of re- Hef to all persons applying for county aid and shali devise ways and means for restoring them to self-support when possible, and may receive and ex- pend private funds or bequests for chºr: itable purposes; shadi have Gharge of the administration of State aid within the city and county; shall have charge of all municipal lodging houses and wood yards; shall have power to inspect and make regulatiºns for boarding homes for children, child-placing agencies, mater- nity hospitals, and all other private in- stitutions ºf similar gharacter; hay in- 1925; and fotºto serve a nº hold office until 12 o'clock poon on the first Mon- vestigate all charities dependent upon public appeal or general solicitation for -- of support, provided that nothing in this section shall apply to appeals made for funds by or for church organizations; and shall co-operate with the juvenile court, the probation office and the prº- bation committee, and act as a co-ordi- mating agency for all relief and other welfare societies in the city and county: All standards of investigation, regor and care shall be in accord with those required by the State Board of Charl- ties and Corrections. All supplies distributed under the direction of the Division of Social Wel- fare may be purchased, at the discretion of the Director of Social Welfare, either in the open market or through the Pur- chasing Agent. Division OF HOSPITALS Sec. 135. There shall be a Director of Hospitals who shall be the head of the Division of Hospitals. He shall be a graduate of a reputable medical college and shall have practiced medicine for at least five years prior to his appointment: Under the direction of the Board of Health, Hospitals and Social Welfare, this division shall have the exclusive management and control of all hospitals, infirmaries, sanitoria and health centers supported by funds of the city and county. C iTY PLAN NING COMMISSION Sec. 136. Whenever, in the opinion of the Manager, the public welfare shall require the services of such a commis- sion he may appoint a City Planning Commission to consist of three mem- bers, who shall serve without com- pensation. It shall be the duty of such City Planning Commission to advise and recommend to the Man- ager the design and location of works of art which may become the property of the city and county; to ad- vise the Metropolitan Council as to the plan, design, and location of public buildings, bridges, viaducts, street fix- tures, and other structures and appur- tenances, the removal, re-location and alteration of any such works belonging to the city and county, the location, ex- tension and platting of streets, parks and other public places and of new areas, and the preparation of plans for the future physical development and im- provement of the city and county. PARK COMMISSION - Sec. 137. There is hereby created a Park Commission which shall consist of five members who shall be appointed by the Manager and shall serve without compensation. Of those members first appointed under the provisions of this charter, two shall be appointed to serve and hoid office until 12 o'clock noon on the first Monday after the first day of January, 1925, and three until 12 o'clock noon on the first Monday after the first day of January, 1926. Thereafter, as their terms expire, commissioners shall be appointed to serve for terms of two years, or until their successºrs are ap- pointed afid have qualified. If a vacancy shājī occur in the office of commissioner it shaji be filled by appointment by the Manager for the unexpired term. ºne Commission shall annually elect one of its members as president, who shall hold office for one year, or until a successor is appointed and has quali- fied - The Commission shall hold regular meetings and shałł establish rules and regulations for the performance of its duties. -- - - - Fow ERs of PARK COMMISSION Sec. 138. Except as ºtherwise prº- vided in this charter, and except in the Pleasanton, all land and water parks, public pleasure grounds, reservations, Łóroughs of Hayward, Livermore and boulevards, parkways and all grounds surrounding public buildings, now owned or controlled by the County of Alameda, or by any incorporated city or town within said county, or that hereafter may be established or acquired by the said city and county or any borough thereof (excepting properties now or that may hereafter be set apart for play or recreation centers), also the planting, care, maintenance and control of all sidewalks, areas or borders of roads whereiri or whereon trees, shrubs, or other plants are now or hereafter may be grown, shall be under the ex- clusive management and control of the Park Commission. The Commission shall have power, subject to the rules and regulations of the Civil Service Commission, to ap- point and discharge such officers and employees of the Park Commission as may be provided by the Metropolitan Council. The Commission may adopt and en- force such rules and regulations, not inconsistent with the provisions of this charter, as it may deem necessary for the efficient performance of its duties, and shall have the exclusive manage- ment and control of all funds legally apportioned to or otherwise received by the Park Commission, except that such fund or funds may not be used for the purchase of land or water for park pur- poses until authorized by the Metropol- itan Council. The Commission shall have the exclu- sive right to cause to be erected on property under its jurisdiction build- ings and structures for park purposes; provided, however, that, with the ap- proval of the Park Commission, the Metropolitan Council may erect, or cause to be erected, any municipal buildings thereon. The Commission shall have power to grant any concession in any park or parks under its jurisdiction for a period not to exceed one year where, in the opinion of the Commission, the granting of such concession wiłł promote the use of said park or parks for pleasure pur- poses. RECREATION COMMISSION Sec. 139. There is hereby created a Recreation Commission which shall con- sist of five members who shall be ap- pointed by the Manager and shall serve without compensation. Of those com- missioners first appointed under the provisions of this charter, two shall be appointed to serve and hold office until 12 o'clock noon on the first Monday after the first day of January, 1925, and three until 12 o'clock noon on the first Monday after the first day of January, 1926. Thereafter, as their terms ex- pire, commissioners shall be appointed to serve for terms of two years or until their successors shall have been ap- pointed and shall have qualified. If a vacancy shall occur in the office of corn- missioner, it shall be filled by appoint- º by the Manager for the unexpired erº. The Commission shall annually elect one of its members as president, who shall hold office for one year or until * a successor shall have been appointed and shall have qualified. The Commission shall hold repºlar |or other County of Alameda, or any incorporated city or town within the county, or that hereafter may be established or acquired by the city and county or any borough thereof, whether such playgrounds, sunº- mer camps, recreation centers, or bath- ing beaches be situated within or with- out the city or county, also those ports tions of public parks or water parks and grounds around public building- which now are or hereafter may be as signed to the Recreation Commissiºns shall be under the exclusive contro: and management of the Recreation Commission. The Commission shall have the at any time to use for play, reg or boating purposes the surf water park of Lake Merritt that the Park Commission p. such portions of the north: of said lake as it may deej, for the protection of wild fow The Commission shall have, to use for play, recreation, 6. purposes such structures on the of Lake Merritt as now are us play, recreation, or boating purpose The Commission shall have power appoint and to suspend, demote, or re- move such officers and employees of the Commission as may be provided by the Metropolitan Council. Such officers and employees shall be included in the unclassified civil service. The Commission shall have power to grant concessions in or upon any play- ground, summer camp, recreation cen- ter, or bathing beach for a period not to exceed one year where, in its opin- ion, the granting of such concession will promote the use of such play- ground, summer camp, recreation cem- ter, or bathing beach for play or recre- ation purposes, In addition to the powers hereinabove conferred, the Commission shall have power to conduct walking and outinº excursions to points within or without the limits of the city and county; to organize and conduct play and recrea- tion activities, leagues, tournaments and pageants in or upon any play- ground, summer camp, recreation cen- ter, or bathing beach, or in or upon any athletic field, gymnasium, swim- ining pool or other suitable place, the temporary use of which may have been loaned or leased to the Commission for play or recreation purposes; and to con- duct summer camps within or without º the city and county; provided, however, that no money shall be expended for permanent improvements without the limits of the city and county, unless it shall have been specifically appropri- ated for that purpose by the Metropol- itan Council. - The Commission may adopt and en- force such rules and regulations; not inconsistent with the provisions of this charter, as it may deem necessary for the efficient performance of its duties. DEPARTMENT OF PUBLIC - SERVICE: - ACQUESTION OF ESSENTIAL PROPERTIES Sec. 141. It is hereby declared to be the intention of the people of the city and county to acquire by suitable ae- tion through purchase, condemnation, gonstruction, or otherwise, all the prop- erties essential to supply themselves with light, power, water, transportation utility facilities whenever it meetings, and shall establish ruleg and regulations for the performance * its #duties. -- - POWERS OF RECREATION - COMMISSION - Sec. 146. All playgrounds, summer camps, recreation centers, and bathing ºeaches now ºwned or controlled by the *ºpºs that the publi T-I-7 TWT Sec. 142. Department ºf Public Service & interest will be º oºzarter There ſº her by createº shat; he under the management and control of a Board of Public Servise Corºmissioner. Said board shall con- ºst of five members who shall be ap- pointed by the Manager and who shall serve without compensation. Of those members first appointed under the pro- visions of this charter, two shall be appointed to serve and hoid office until 12 o'clock noon on the first Monday after the first day of January, 1926, and \-rrºree to serve and hold office until 12. º'clock moon on the first Monday after the first day of January, 1929. There- *fter, as the terms of the members ex- *, their successors shall be appointed Manager fºr terms of six years, *I their successors shall, have ºted and shall have qualified. on said board shall be filled ent by the Manager for the -errºl. Powe. RS The board shall have power and enforce such rules and ºns as it may deem necessary 3 efficient performance of its du- and shall organize the Department lºo such divisions as the work under its jurisdiction may require. It shall have power when directed by the Met- ropolitan Council to make preliminary investigations regarding the acquisition of local facilities and of alternative sources of supplementary or principal supply to provide the inhabitants of the eity and county with an ample supply of water for its domestie, industrial, municipal, fire protection or other uses authorized by law. The board shall have power, except as otherwise provided in this charter, tº acquire and construct utilities with the consent and approval of the Metro- politan Council; to operate, maintain, manage and control every utility (ex- pepting those under the jurisdiction of *:he Board of Harbor Commissioners) ºwned by the city and county, whether wholly within or without, or partly within and partly without, the city and county; to fix rates (subject to ratifi- eation or modification by ordinance of the Metropolitan Council), rentals, ghatses and classifications; to make and enforce rules and regulations, con- tracts, practices and schedules for or him connection with any service, product or commodity owned or controlled by the city and eounty, and to exercise and perform such other powers and duties as may be conferred or imposed by this charter or by the Metropolitan Coun- til It shall have power, subject to the civil service provisions of this charter, to appoint and to suspend or remove such officers and employees of the De- partment of Public Service as may be provided by the Metropolitan Council. The board shall have power, with the approval of the Metropolitan Council, to sell, supply or distribute any surplus product of any utility operated by the city and county, not required for use ºtherein, to consumers outside of the city and county, and to enter into con- tracts for that purpose. - The board shall have power, with the approval of the Metropolitan Council, ſo enter into a contract or contracts in any ºther city, city and county, ºr distriºt owning a suitable and ade- ºte water supply for the joint con- struction, maintenance and operation ºf the wºrks necessary tº develop and tº hit said stºpply, aid for the de- #sº tº the city and county of such º ~ ºf said jointº owned supplies pointed under the provisiºns of this filled by appointment by the Manager #the efficient performance of its duties, management of the waterfront, harbor the waterfront owned or cºtrolled by the city as shall be in accordance with its pres- to fix and collect rates, tolls, dockage ent and future needs, or for the pur- chase at wholesale rates, under an agreement with any city, city and county, or district, of water in sufficient quantity for the present and future needs of the city and county under sat- isfactory guarantees of delivery. REVENUE FROM UTILITIES Sec. 144. All moneys received, col- lected or arising from the exercise of the powers herein conferred upon the Board of Public Service Commissioners shall be deposited in the city and county treasury to the credit of a fund to be known by the name of the utility operated, and shall be kept separate and apart from other moneys of the city and county. No money shall be drawn from such fund or funds except upon the order of the Board of Public Service Cornrmissioners, except as here- in otherwise provided in this charter. EXISTING MUNICIPAL. UTILITIES Sec. 145. All public utilities owned, operated or controlled by the County of Alameda or by any municipality there- in at the time this charter shall take effect shall be subject to the jurisdic- tion of the respective boards of trus- tees of the boroughs in which such util- ities may be situated, and shall con- tinue to be subject to such jurisdic- tion, under rules and regulations pre- seribed by such boards of trustees un- less and until acquired by the city and county at an agreed priee, ratified by a majority vote of the qualified electors of such boroughs. All revenue earned by such utilities while under the juris- diction of said boards of trustees shall be deposited in the treasury of the city and county as and when directed by said boards of trustees, and shall be held in separate funds, and shall be drawn out only upon wºrrants coun- tersigned by the officials duly author- ized by the respective boards of trus- tees. HARE OR DEPARTMENT Sec. 146. There is herefºy created a Harbor Department which shall be un- der the management and control of the Board of Harbor Commissioners. Said board shall consist of five members who shall be appointed by the Mañager and who shall serve without compéra- sation. Of those member's first ap- charter, two shall be appoiºted to serve and hold office until 12 o'clock moon on the first Monday after the first day of January, 1924, and three to serve and hold office until 12 o’clock noon on the first Monday after the first day of Jan- uary, 1925. Thereafter, as the terms of the members expire, their success- ors shall be appointed by the Manager for terms of two years, and shall hold office until their successors shall have been appointed and shall have quali- fied. Vacancies on said board shall be for the unexpired term. - The board shall have the pºwer to make and enforce such rules and regu- lations as it may deem necessary for and may organize such divisions of the department as the work under its juris- diction may require. The Board of Harbor Commissioners shaft have and exercise full contrºl and and navigable waters - st the city and &otintº and all º contiguous to and county, inchiding the and all other charges; to grant licenses and privileges; to construct or to acquire by purchase and to maintain and oper- ing railroads, swarehouses, factories, or city and county voting upon said pro- of the city and county re-invést them- selves with the power to fix rates now exercised by the State Railroad Com- mission, the Metropolitan Council shall have power to create a Public Utility Boardº Metropolitan Council, fare demands the services of such a three members who shaft be appointed by the Manager and who shałł serve without compensation. The board first appointed shall by lot that one member shall hold office fºr two years, one for four years, and one for six years. Thereafter members - of the board shall be appointed to: power to establish zones and fairways; the fºrms of six years, Vacancies shalf ate belt lines of railroad along the waterfront or elsewhere in the city and county, with the necessary spurs and connections for the purpose of connect- other business industries and enter- prises, with each other and with docks; to provide a plan for the development of the waterfront, harbor and navigable waters of the city and county and all property contiguous to the waterfront owned or controlled by the city and county; to exercise all powers neces- sary or convenient for the development, control and management thereof, and to exercise such other powers and per- form such other duties as may be con- ferred or imposed by this charter or by the Metropolitan Council. The board shall have power, upon ap- proval by ordinance of the Metropolitan Council, to lease any portion of the waterfront or harbor of the city and county or property contiguous to the waterfront owned or controlled by the city and county. No lease, license or privilege shall be granted of that por- tion of such waterfront, harbor or prop- erty contiguous thereto, lying between the Southern Pacific and Western Pa- cific piers. No lease, license, or priv- ilege of unimproved waterfront or har- bor property, or property contiguous to the waterfront owned or controlled by the city and county shall be granted for a term exceeding fifty years, and Nao lease, license, or privilege of improved waterfront or harbor property or prop- erty contiguous to the waterfront owned or controlled by the city and county shall be granted for a term exceeding five years, unless such lease, license, or privilege shall first be approved by a majority vote of the electors of the position at a general or speeial election. All moneys received or collected or arising from the exercise of the pow- efs hereira conferred upon the Board of Harbor Commissioners shall be de- posited in the city and county treasury to the credit of the harbor fund, and shall be kept separate and apart from all other moneys of the city and coun- ty. Moneys shall be drawn from said harbor fund only upon the order of the Board of Harbor Commissioners, except as otherwise provided in this charter. The Board of Harbor Commissioners shall have powes sºject to the civil service provisions ºn this charter, to appoint, and to suspend, or remove such officers and employees of the Har- bor Department as may be provided by the Metropolitan Council. PUBLIC UTILITY BOARD Sec. 147. In the event that the people whenever, in the opinion of said: the public wei- board. Said board shałłº consist of so classify themselves be filled by appointment for the unex- pired term. The board shall ºrganize by electing one of its members Presi- dent, who shall office for one year and until his successor is elected. POWERS AND DUTHES Sec. 148. The powers and duties of the Board of Public Utilities shall be as follows: - (1) To make and enforce such rules and regulations as it may deem neces- Sary for the efficient performange of its duties. (2) To fix, subject to approval, change or modification by the Metro- politan Council, the rates to be charged and collected by all persons, firms or corporations operating or maintaining public utilities within the city and county (excepting wharves, docks, warehouses and other utilities pertain- ing to the waterfront, the harbor, or to other navigable waters in the city and county), such rates to be so fixed for such periods as may be prescribed by law or ordinance, but in no event for a period less than one pear or for a period longer than three years. (3) In addition thereto such board shall discharge all duties which may be prescribed by this charter or by the Metropolitan Council. Sec. 149. The Metropolitan Council may provide for the lease of lands now or hereafter owned or controlled by the city and county. All leases (ex- cepting those applicable to the water- front, harbor and navigable waters of the city and county, and all property contiguous to the waterfront) shall be granted by ordinance adopted by a five-sevenths vote of the Metropolitan Council to the person, firm or corpora- tion offering to pay the highest rent therefor to the city and county during the term of the lease; said offers shaft be received only at public auction, after publication of notice thereof, for five days, which publication shall state ex- plicitly the terms and conditions of the proposed Hease. - PROPERTY RIGHTS in ALIENABLE Sec. 450. The rights of the city and County in and to its waterfront, wharf property, land under water, public buildings, wharves, docks, streets, highways, public parks and all other public places, except as otherwise pro- vided in this charter, are hereby de- clared inalienable. GRANT OF FRANCHHSE Sec. 151. No person, firm or corpora- tion shall exercise any franchise, per- mit or privilege mentioned in this chair- ter, except insofar as he or it may be entitled to do so by previous grant thereof lawfully made or by direct au- thority of the Constitution of Califor- nia or of the Constitution or laws of the United States, in, upon, over, under or along any street, highway or other public place in the city and county un- less he or it shall have obtained a grant therefore in accordance with the provisions of this charter. Every franchise, permit or privilege to erect or lay telegraph or telephone swires, to cºnstruct, maintain or oper- ate street, suburban ºr interurban rail- rºads, to operate and maintain autº- motive transportation, to lay pipes for the purpose of providing heat, light or power, to erect or install poles or wires for transmitting electric energy along; upon, over, in or across any Iāne, alley, court, highway, road, park or public place, or in any pipe or ºt- duit in this city and county, ºr tº ex- - the Metropolitan Council, - - ercise any other privilege whatever hereafter proposed tº be granted by - shall be granted upon the terms and conditions in this charter provided, and upon such ful ther and other terms and conditions, rºot inconsistent with the provisiºns hereof, as the Metropolitan Council shall prescribe. -> APPLICAT iON FOR FRANCH4SES Sec. 152. The applicant for any fran- chise, above mentioned, shall flie with the Metropolitan Council an application therefor, and thereupon said Metropoli- tan Council shall advertise the fact that said application has been made, once a day for ten consecutive days in one ºr more newspapers published and cir- culated in the city and county, which publication must be completed not less than twenty nor more than thirty days before any further action can be taken thereon conj DiTiONS OF GRANT Sec. 153. The advertisement ºntºs? state the character of the franchise proposed to be granted, the term for which it is granted, and the route to be traversed; that sealed bids will be received therefor and will be opened at a stateå time and place, and that the franchise will be awarded to the bids LEASE OF LANDS der offering to pay the city and couns ty, during the life of the franchise, the highest percentage of the net an- nual receipts arising from the use, op- eration or possession of the same; prº- vided that such net annual receipts shall be determined by deducting from the gross annual receipts collected from any and all sources under and by virtue of such franchise all operating and maintenance costs, taxes, insurange and a reasonable depreciation, estis mated on the value of the property of the grantee used or useful or of prº- spective usefulness in the public ser- vice. comput ATION OF PERCENTAGE of RECEl PTS FOR CERTAIN - RAILROAD’s - Sec. 154. If the franchise is for ś street, suburban, or interurban rail- road, or for automotive transportation, which shall extend beyond the limits of the city and county, then, a hid its that case, the percentage of the ºie annual receipts herein specified sh be computed of reckoned, as follows: The total length of the said railroad, or routes traversed, within and with- out the city and county shall be corn- pared with the length of the railroad, or route traversed, cºvered by the fraña- chise proposed to be granted, the length in each case being estimated in equive alent single track mileage. From the total length of the said railroad, of route traversed, within and without the city and county shall be taken the length of the railrºad, or route trai- versed, covered by the franchise pros posed to be granted, and that propor- tion of the net annual receipts of the trayersed, entire railroad, or route which the entire length of the railroad, or route traversed, has to the length of that portion then covered by the prº- posed franchise shall be taken as the net receipts upon which the percetăţāše bid for said franchise shałł be corris pºtted and paid. - - BiºDiNG FOR FRANCHESES Sec. 455. At the time of opening the sealed bids, any responsible person: street, firm or corporation may bid for such franchise not less than one-half of one pºi: Gent (żº of the riºt a unital ºr ceipts for the entire --- tº of the framº -- any franchise Metropolitan Council ſ 1. chise above the highest sealed bid therefor, and such bids so made may be raised not less than one-half of one per cent (34%) of said net annual re- ceipts for such entire term by any. other responsible bidder, and such bidding may continue until finally such fran: chise shall be struck off, soki and awarded by the Metropolitan Council to the person, firm or corporation offer: ºng the highest percentage of the said net annual receipts arising from the use, operation or possession of said franchise; provided that if, in the judg- ment of the Metropolitan Council no adequate or responsible bid has been made, the Metropolitan Council may withdraw such franchise from sale, or advertise for new bids, and, provided urther, that no bid for the payment of ess than two per cent (2%) of said net annual receipts shall be accepted. DE POSIT AS GUARANTY Sec. 156. Every application for a franchise under this charter and every bid except that of the applicant shall be accompanied by a cash deposit of two thousand dollars or a certified check for said amount, payable to the Clerk of the city and county, and Cer- tified to by some responsible bank, as a guarantee of the good faith of the applicant or bidder, and as a fund out of which to pay all expenses connected with such application and the granting of such franchise. - If no award is made, all expenses in- curred by the city and county in con- nection with such application shall be paid out of the deposit of such appli- eant, and if an award is made such ex- penses shall be paid out of the deposit ºf the successful bidder, and the bal- ance, if any, returned. Bo ND OF EACH B HDDER §ec. 157. The successful bidder for struck off, sold and awarded under this charter shall file a bond, running to the city and county, executed by a surety company author- zed to act as sole surety, under the aws of the State of California, to be approved by the Metropolitan Council, in a penal sum to be by it prescribed and get forth in the advertisement for bids, conditioned that such successful bidder shall well and truly observe, ful- fill and perform each and every term and gondition of such franchise, and that in case of any breach of any con- dition of such bond the whole armount of the penal sum therein nanºſed shałł be taken and deemed to be liquidated damages and shall be recoverable from the principal and surety upon said bond. Said bond shall be filed with the within ten (16) days after such franchise is awarded; and upºn the filing and approval of such bond the said franchise shall by said Metropolitan Council be granted by ordinańee, subject to the referendum provisions of this charter, to the per- son, firm or corporation to whº, it has been struck off, sold and awarded, and in case such bond shall not be so filed, said franchise shall be set aside and arly money deposited in connection With the application for the franchise shall be forfeited, and the françhise, in the ºise; ºtion of said lyſºtropolitan Council, ji he re-advertised and again of- fered for sale in the same manner and inder the same restrictions as were: prescribed fºr the granting of said franchise in the first instance. #EE cºmpetition is sipping Sec. 158. Nº clause or cºndition of any kind shall be inserted in any frºm: chise offered or sold under the terms of this charter which shall directly or indirectly restrict free and open compe- tition in bidding therefor, and no clause or provision shall be inserted in any franchise offered for sale which shall in any wise fávor one person, firm or corporation as against another in bid- ding for the purchase thereof. LiFE OF FRANC HiSE Sec. 159. Every franchise may be granted, either for a determinate or an indeterminate period, subject always to the right of the city and county to ac- quire, purchase and possess the prop- erty, of the grantee as hereinafter pro- vided. - COMMENCE MENT AND COMPLE- TION OF WORK Sec. 160. Work to erect or lay tele- graph or telephone wires, to construct street, surburban or interurban rail- roads, tº say gas pipes for the purpose of carrying gas for heat, light or power, to erect or lay wires for transmitting electric heat, light or power, or to ex- ercise any other privilege whatever a franchise for which shall have been granted in accordance with the terms and conditions of this charter, shall be commenced in good faith within not more than eight months from the granting of any such franchise, and if not so commenced within said time, said franchise so granted shall be de- clared forfeited, and shall be complet- ed not more than two years thereafter, and if not so completed within said time, said franchise so granted shall be forfeited, provided that for good cause shown the Metropolitan Council may, by resolution, extend the time for completing the same. - RiGHT OF CITY AND COUNTY TO PURCHASE Sec. 161. Every franchise shall be granted upon the express condition that the city and county may, at a valua- tion fixed and determined as hereinaf- ter provided, assurne ownership by pur- chase and take over to itself the prop- erty used and useful of the franchise grantee, his or its successors and as- signs, and upon giving said grantee six months written notice of its intention so to purchase sand take over said property, which written notice shall be given only when authorized by ordin- ance of the Metropolitan Council. The valuation of such property used and useful and owned by the grantee at the time of the giving of said six months written notice, as aforesaid, shall be fixed by the Railroad Commission of the State of California, or its successors in interest; ' provided that in fixing the valuation no allowance shall be made for the frančhise or for good Will or going concern value, To this valua- tion shall be added the cost of all addi- tions, extensions and betterments, and from this valuation shall be deducted the value of property sold or aban- doned, and depreciation as determined and fixed by the said Railroad Commis- sión, during the time elapsed between the giving of said notice and the actual taking over of said properties, which final valuation so deterrained and corn- puted shall be the valuation at which such property may be acquired by the city and cºunty. º: º NO CONVEYANCE NECESSARY FOR CITY AND COUNTY OW NERSHIP Sec. 162. Every ordinance granting any franchise shałł provide that the eity. and county may take over to itself and chi instrument or conveyance. The grant- ing of the franchise shall be set forth in all ordinances granting franchises as a valuable consideration, for which the &rantee, his successors and assigns, *śrees to conform to the terms and con- ditions of the said ordinance. l-EASE OR ASSIGNMENT OF . FRANCHISE ..Sec. 163. No franchise granted by the city and county shall be, in whole or in part, leased, assigned or otherwise dis- posed of, or transferred without the ex- Press consent of the city and county, and no dealings With anyone on the part of the city and county to require the performance of any act or payment of any compensation by anyone shall be deemed to operate as such consent; pro- Vided that nothing herein shall be con- strued to prevent the grantees of such franchise from the city and county from including it in a mortgage or trust deed executed for the purpose of obtaining money for corporate business. STREET, SPRINKLING AND PAVING Sec. 164. Every grant of any fran- chise in, over, under or along any street, Highway, or public place in the city and county for railroad, street railway, suburban or interurban railway pur- poses, shall be subject to the conditions that the persons, firm or corporation ex- ercising or enjoying the same shall Sprinkle, plank or re-plank, pave or re- paye, niacadamize or re-macadamize the entire length of the street, highway, or other public place used by the track or tracks of such railroad or railway, and between the rails, and for two feet on each side thereof, and between the tracks, if there be more than one, and keep the same constantly in repair, flush with the street, and with good Crossings; and such street work shall be 'done with the kind of materials and in Such manner as the Metropolitan Coun- cil-may direct, at the same time and as & part of the same operation as the work on the remainder in width of said street, ighway or other public place, to the atisfaction of the superintendent of streets; provided, however, that, when in the opinion of the Metropolitan Council the space between the rails and tracks of the grantee and two feet on each side thereof or any portion of the same is not required for purposes other than railway traffic, the same need not be paved in like manner as the re- mainder of the street or public place. but shall be treated as the Metropolitan Council may direct. EXAMINº. OF COMPANY’s OOKS: AUDHT Sec. 165. All ordinances, granting franchises shall provide that the grantee, his successors and assigns, shall keep vouchers, records, and books of accounts, so as to clearly exhibit the met annual receipts of such grantee. The city and county, by and through its Manager or such other agents as may, from time to time, be appointed by the Manager, or Metropolitan Council, shall have the right at all reasonable times to examine all the books, vouchers, records and other papers ðf all persons. firms or corporations exercising or en- joying any franchise. A refusal to keep said books, vote hers and records in the manner provided above or to produce for inspection in the city and county said books, vouchers and records at all rea- sonable times for examination by the Manager, ºr ºther agents appointed by the Manager, ºr Metrºpolitan Council, shall work a fºrfeiture of the said fran- ºsº.º. - - Nº UAE REPORTS OF Cºf PANY became the owner ºf the prºperty and Sec. 166. Every persºn, firm or cor- plant of any grantee as prºvided in this moration ºperating any business inder charter, without the executiº of amyla franchise shall file annually with the - Manager on such date as shall be fixed by the Metropolitan Council a report for the preceding year. Such report shall be in writing, veri- fied by the affidavit of such person or persons, or officer of the corporation, as the Metropolitan Council shall direct, and shall cºntain a statement, in such form and details as from time to time shall be prescribed by the Metropolitan Council, of all the net receipts arising from all the business done by said per- son, firm or corporation under said fran- chise within the city and county for the year immediately preceding such report. Such report shall contain such further statements as may be required by the Metropolitan Council concerning the character and amount of business done under said franchise. BOOKS OF RECORDS AND REFERENCE Sec. 167. The Manager shall provide and cause to be kept in the office of the Clerk of the city and county a franchise record, indexed, and of proper form, in which shall be transcribed accurate and correct copies of all franchises granted by the city and county to any person, firm or corporation owning or operating any public utility. The index of said record shall give the name of the grantee and thereafter the name of any assignee thereof. Said record shall be a complete history of all franchises granted by the city and county and shall include a comprehensive and convenient reference to actions, contests, or pro- ceedings at law, if any, affecting the Hºle. - sa PAYMENT OF NET RECEIPTS Sec. 168. The stipulated percentage of net annual receipts provided in this charter to be paid for the use and en- joyment of any franchise shall be paid on the first day of July of each and every year. Failure to pay such per- centage shall work a forfeiture of the franchise, at the option of the Metropoli- tan Council. FORFEITURE FOR NON- COMPLIANCE Sec. 169. Every ordinance granting any franchise shall provide for the ter- mination and forfeiture thereof for any breach or failure to comply with any of the terms, limitations or conditions thereof, and in all such cases the Metrº- politan Council shall have power to de- clare the termination and forfeiture of any such franchise the same as though in each instance such power was ex- pressly reserved; and wherever the charter shall provide that any ordi- nance granting a franchise shall con- tain any terms or conditions whatso- ever, the said terms and conditions shall be considered as included in said fran- chise, whether or nºt specified in the ordinance granting såid franchise. - LIMITATIONS ON WATER FRONT FRANCH4SES Sec. 170. No exclusive franchise, ex- cept for the purpose of constructing or maintaining or operating railroads, wharves, docks, slips, guays, drydocks. graving docks, shipyards or marine rail- Ways or the appurtenances necessary to each and all of them, shałł be granted by the Gity and county or the Metropol- itán Coumºi to, in, over or upon any portion of the bed of the Bay of San Francisco or of the Estuary of San An- tonio, or of the Bay of San Leandro. All franchises for railroads to, in, on, over grºupon any portion of the bed of the Bay of San Francisco or the Es- tuary of San Antonio, or the Bay of San Leandro shall be subject to the right ºf any and all ºther rail- rºads or railroad coºpanies tº hº their cars switched and transported ºf the ºperators of railroads under such franchises, to designated points and fo designated purposes, onto and over a tracks operated under said franchises, upon payment of a reasonable compen- sation for such switching and transpor- tation. Provided, however, that no waterfront franchise shall be advertised for sale or granted by the Metropolitan Counci unless such proposed franchise sha" have been approved by the board harbor commissioners and said boai shall have recommended to the Metrº politanº Council that said franchise granted, SWITCH ING RIGHTS Sec. 171. All franchises for the gº struction or maintenance or op of any railroad, other than stºº roads, shall contain a stipul; condition that all other Fº or corporations, building . ing or ºperating other ºf street railroads) in the cit. and all persons, firms or desiring to avail themselves fits and privileges and rightº by any such franchise shall hº mon right to have their cars and transported by the holder or , of such franchises on railroad tº constructed or maintained or opera, under the terms of such franchise; ana such tracks shall be operated on equa, and reasonable pro rata, rates with equal facilities for such purposes, and such rights, rates and facilities shall be extended without discrimination to aſ persons, firms and corporations desiring the same. - º FRANGHises Not in use * FOFºEEITED Sec. 172. All franchises heretofore granted by the County of Alameda or any municipality therein, which are not. in actual use or enjoyment or which the grantees thereof have not in good faith. commenced to exercise, shall be and be- corne forfeited and inyalid, unless such grantees or their assigns shall, within six months after this charter shah take effect, in good faith commence the cº- ërcise and enjoyment of such franchise. OTHER CONDITIONS: MAY E E M- POSED BY METROPOLITAN COUNCIL Sec. 173. Nothing in this charter shall be construed as prohibiting the Metropolitan Council from inserting in any ordinance granting any franchise such other conditions or requirements, not inconsistent with the provisions of this charter, as the Metropolitan Coun- citemay desire to insert therein or the people may by the initiative indicate their desire to have so inserted. - F. R A N G H H S E S FOR RAILROADS. OTHER THAN STREET, SUBUR- BAfN OF NºHºº RA}|_- OADS Sec. 174. The Metropolitan Counciº may grant franchises for the construcº, tion, maintenance and ºperation of rail- roads other than street railroads, subur- ban railroads ºr interurban railrºads alºng, upon, over, in, under or across any street or streets or other public place in the city and county ºº:: in the manner and upon the terms an ditions next hereinafter set forth, that is to say: The provisions of Section 150 relating to property rights of the city ºrid equinty; of Sectiºn 152 relating tº appli- cations for franchises; of Section 15%. relating to life of franchises; ºf Section 160 relating to commemºement and cº- pletion of work; of Sectiºn 161 relating to the right of the city and cºunty tº purchase; of Section 152 relating tº Cººſa of Sectiºn 163 relating tº Bºſsés Alict ºf º - of Section 164 relatiº º --- * *ekating \ º | 2 | _ T ſing, cleaning and paving; of Section 157 relating to books ºf regords and refer- }nce; of Section 169 relating to forfeit. ºre and non-compliance; of Section 170 to limitations on waterfront ºranchises; of Section 171 relating to ºß rights; of Section 172 relating forfeiture of franchises not in use: ind of Section 173 relating tº additional ºnditions, shall apply to and govern, all *anchises granted for the construction, ºnaintenance or operation of any rail- oad, including railroads other than ºrget railroads, suburban railroads and ºr urban railroads. - * . . . ided, that the application of the s of said Section 152 (relating stions for franchises) to the franchises for railroads street railroads, suburban or \º ºilroads, shall be subject to en, that is to say: That in- seiving bids for a percentage annual regeipts as provided d Section 152, the franchise awarded to the bidder offering to the city and county, during tº of the franchise, the highest ... age annual rental, and the adver- *gement shall so state, and that in the Faising of bids above the amount of the º sealed bid the first inereased id must be at least five per cent greater than the amount of the highest sealed bid; - And provided that in the application for the granting of any franchise for railroads other than street railroads, suburban or interurban railroads, the Fº of said Section 161 (relating o rights of the city and county to pur- chase) shall not be construed as re- tſuiring such franchise to permit the city and county to take over to itself any of the rolling stock ºr other movable prop- erty of the grantee, his successors or assigns, used in the enjoyment of such franchise. . - RE-SETTLEMENT FRANCH ISE See. 175. The Metropolitan Council is hereby empowered to provide for a gen- eral re-settlement of the franchise *ights of, and to grant re-settlement ranchise or franchises to, any person, firm ºr corporation actually engaged in operating street, suburban or interurban railroads in said city and county, upon written application therefor, and upon such terms and conditions as are in this charter provided, and upon such further and other terms and conditions, not in- consistent with the provisions hereof, as it shall prescribe. - PASSAGE AND APPROVAL OF RE- SETTLEMENT FRANCHISE - Sec. 176. Every such re-settlement franchise shall be granted after such publication and upon such notice as in this charter is prescribed for the grant- ing of franchises generally, after the final passage of the ordinance granting such resettlement franchise, the same shall be referred and submitted by ordinance to the vote of the electors of the city and county, at any general or special election next ensuing within not less than twenty days after the pas- sage of such ordinance, or, if no general pr special election is tº be held in th; pity and county within a period of nºt less than twenty days, and not more than ninety days after such final pas- #age, the Metropolitan Council may call a special election for the purpose of submitting said ordinance to the electors as aforesaid, Said special election shall be held not less than thirty days and not more thºr ninety days after such final eral or special election at which the same may be submitted for such ap: proval, nor shall such re-settlement ordinance become effective until and unless accepted in writing by the gran- tee ºthereof within five days following such final passage or final approval, as the case may be. PAYMENT OF NET ANNUAL RE- CEPTS FOR RE-SETTLEMENT FRANCH ISES : Sec. 177. Every such re-settlement franchise or franchises shall confer upon the grantee thereof the right to occupy the roads, streets, highways, avenues, lanes, alleys, courts and other public places, of the city and county, particularly set out and described in the ordinance granting the same, for the purpose of conducting, operating and maintaining thereon street, suburban or interurban railroads, subject to the right of the city and county to acquire and possess, by purchase, the property of said grantee as provided herein; pro- vided, however, that said grantee shall on the first day of July of each and every year pay to the city and county such percentage of the net annual re- ceipts collected from any and all sources under and by virtue of such franchise or franchises as shall be agreed upon and fixed in the ordinance granting such franchise. Such net annual revenue shall be determined by deducting from the net annual revenue received from all sources under said re-settlement franchise all operating and” mainte- nance costs, taxes, insurance and a real- sonable depreciation allowance upon the value of such properties as are used or useful in the operation of said railroad. NEW FRANCH ISES AND EXTENSIONS Sec. 178. The Metropolitan Council may, in such re-settlement franchise, provide that any new franchise granted to the holder of such re-settlement fran- |chise shall be considered as part of such re-settlement franchise. CONSOLIDATED OR ANNEXED TERRITORY - Sec. 179. The Metropolitan Council may, in such re-settlement franchise, provide, in the case of consolidation or annexation to the city and county of any territory not included in said city and county at the date said re-settie- ment franchise is granted, that ariy franchise to operate such street, subur: ban or interurban railroad, or any part thereof, held or claimed by the holder of such re-settlement franchise, for any portion of such consolidated or annexed territory, shall thereupon be surrendered to the city and county, and the rights and obligations of such re-settlement franchise shall thereupon automatically extend to such additional territory, and that a valuation for the purpose of pub- lic acquisition of the properties used and useful in the operation of such street, suburban or interurban railroad in the area so consolidated or annexed and not included in the capital valua- tion already fixed in the ºrdinance granting such re-settlement franchise, shall be added to the capital amount of such re-settlement franchise at the valuation fixed by the Railroad Commis- sion of the State of California, or its successor in interest, and otherwise de- termined as provided in this charter. Su RRENDER OF EXISTING FRANCHESES - Sec. 180, Every re-settlement fran- chise shall provideº that the grantee thereof shall Fº Nº such re-settlement fran- hise ordinanēe shall go into ºctºr: il ºniº º ºfter Lhe final pas - - ºr until ten days after Sº aſ thereaf by a majoriº N º's Voting thereon at any is **** surrender all franchises or rights owned or claimed by the rantee to occupy such portion of the ads, streets, highways, avenues, hes, alleys, courts and places as it is roposed such street, suburban or in- terurban railroad shall thereafter ocºPX under the provisions of such re-settle- ment franchise, and that the graº shall accept in lieu thereof, the rights and privileges granted by such re-set- tlement franchise as a franchise for the continued operation of such street, su- burban or interurban railroad Within the limits of the city and county, or such portion thereof as had theretofore been operated under the franchise of franchises surrendered. LiFE OF RE-SETTLEMENT FRANCH SES Sec. 181. Every such re-settlement franchise may be granted for an indeter- minate or determinate period subject always to the right of the city and county to acquire and possess the property of the grantee as herein pro- vided. - PURCHASE EY CITY AND Cou NTY Sec. 182. Every re-settlement fran- chise shall be graz red upºn tºe express condition that the city and county may: at a valuation fixed and determined as hereinafter provided, assume owner: possess the property used and useful of the franchise grantee, his or its suc- cessors and assigns, upon giving such grantee six months written notice of its intention to purchase and take" over said property, which written notice shall be given only when authorized by ordinance of the Metropolitan Coun- oil. The valuation for the purpose of public acquisition of such property used and useful and owned by the grantee at the time application is made for such re-settlement franchise shall be fixed, on application of the city and county, or of the applicant for said franchise, by the Railroad Commission of the State of California, or its suc- cessor in interest, provided that in ſix- ing the valuation no allowance shall be made for the franchise or for good will or going concern value. The valuation of such property as fixed by the Rail- road Commission of the State of Cali- fornia shall be set forth in the ordin- ange granting such re-settlement fran- chise, in which case readjustment from time to time of said valuation may be made, to which valuation shall be add- ed the cost of all additions, extensions, and betterments, and from which valu- ation shall be deducted the value of property sold or abandoned, and depre- ciation to be determined and fixed, in accordance with the provisions of the ordinance granting the franchise, and annually charged to the capital value of said property. All expenses of such valuation by the Railroad Commission of ors in interest, shall be paid by the applicant for such re-settlement fran- chise. AMEND MENT OF RE-SETTLE- MENT FRANCHHSE - Sec. 183. Any re-settlement fran- chise may be amended from time to time in the manner hereinabove pre- scribed for the granting of a re-settle- ment franchise, provided that such amendment shall, not be effective uniess àgéepted in writing by the grantee of such re-settlement franchise. - GRANT OF OTHER FRANC HiSES Sec. 184. Nothing in this charter shall be construed as a prohibition against the city and county granting other franchises for transportation of passengers by means other than street, suburban or interurban railroads, and nothing in this charter shall be con- ship by purchase and take over and | the State of California, or its success- ty from itself constructing, operating and maintaining street, suburban or in- terurban railroads, or from construct- ing, operating and maintaining other means and methods of transporting passengers and freight than by street, suburban or interurban railroads. REVENUE AND TAXATION FiSCAL YEAR * Sec. 185. The fiscal year mentioned in this charter shall commence on the first day of July of each year. EST MATEs of ANNUAL REQUIRE- MENTS IN EACH DEPARTMENT Sec. 186. On or before the first Mon- day in April of each year the head of every department, office, court, district, board and commission of the city and county and of each borough shall file with the Auditor an estinate, in writ- ing, of the amount of expenditures, specifying in detail the objects ºthereof, required in such department, office, court, district, board, commission or borough, including a statement of all salaries. AUDITOR'S ANNUAL EST IMATE OF REVENUE AND EXPEN DFTURES Sec. 187. On or before the last Mon- day in April of each year the Auditor shall transmit to the Manager an esti- mate, in writing, of the expenditures of the city and county and of the sev- eral boroughs thereof for the next ensu- ing fiscal year, as determined by the reports filed as provided by the preced- ing section. Said estimate shall con- tain an estimate of the probable rev- enue of the city and county and of the several boroughs thereof, exclusive of taxes upon property, classified in detail according to sources, the amounts nec- essary to meet the interest and prin- cipal. of all bonded indebtedness, and the following information arranged in parallel columns: (a) Detailed estimate of the expense of conducting each borough, depart- ment, office, court, district, board and commission as submitted by the re- spective boroughs, departments, offices, courts, districts, boards and commis- sions. --- (b) Expenditures for corresponding items for the last two fiscal years. (c) Expenditures for corresponding items for the current fiscal year, in- cluding adjustments due to transfers between appropriations, plus an esti- mate of the expenditures necessary to complete the current fiscal year. (d) Such other information as th Manager may require. - Said estimate also shall include an estimate of the probable amount re- quired to be levied and raised by taxation, - - - The estimates required by clauses (a), (b) and (c), above shall, in accord- ance with standard forms and classifi- cations prepared by the Auditor for this purpose, be so segregated and classified, separately, as to show the estimated expenditures of each borough, depart- ment, office, court, district, board and commission, including each public util- ity owned or operated by the city and county or any borough thereof, accord- ing to: - - - (1) Organization units. - (2) Functions performed. - (3) Character of expenditures, i. e., whether capital outlay or operating ex- pense. - - - (4) Tetailed objects of expenditures. MANAGER'S ANNUAL EST MATE OF REVENUE AND EXPENDITURES Sec. 488. The Manager, ori or before the third Monday in May of each year, cil and to the board of trustees of eac borough a budget for the ensuing fisca year covering the estimated revenue and expenditures of the city and county arid of each of the boroughs thereof, separately. Said budget shall set forth the estimated amount required to main- tain each of the following departments or functions of government: - Police, fire, cleaning and maintenance of streets, sewers, and storm drains, lighting of streets, garbage disposal, li- braries, parks and playgrounds. Ił shall also set forth the estimated ex- pense of maintaining the local govern- ment in each of the Boroughs of Hay- Ward, Livermore and Pleasanton. It shall also set forth the estimated ex- pense of maintaining any borough property and the amounts necessary to pay the interest and to meet the sink- in), fund and redemption obligations on outstanding bonded indebtedness in each borough or district, - The said budget shall also set forth an estimate of all expenses of govern- ment classified by departments or fune- tions other than or in addition to those Specified in this section. Said budget shall also include the estimates prepared by the Auditor, as provided in the preceding section and, in addition thereto, the following in- formation arranged in parallel columns: (a) An inventory of all supplies and materials on hand, (b) The recommendation of the Man- ager as to the estimate submitted to the Auditor by each borough, depart- ment, office, court, district, board and COmnal SSIOn. - (c) Such other information as the Metropolitan Council may require. The Manager shall provide sufficient copies of the budget to furnish one for each councilman and each member of the board of trustees of each borough, and to place copies in the office of the Manager and of the Auditor and at Orłę public place in each borough for the in- spection of the public, and such number of additional copies as he may deera necessary. - - - º CONSIDERATION OF BU DGET EOROUGHS' Sec. 189. The board of trustees of each borough, upon the receipt of the budget, shall proceed with the consid- eration of said budget at public hear- ings, notice of viiich shall be given in the manner prescribed by the board. The board of trustees of each bor- ough shall return such budget to the Metropolitan Council on or before the first Monday in June of each year, to- gether with such recommendations, ex- pressed by resolution, as to changes and alterations in said budget as it may deem advisable. It may also recom- mend the addition to said budget of any sums of money it may desire to have expended for any purpose, said sums to bé provided by a special tax on the taxable property within said borough and to be expended solely for the pur- pose designated by said borough board of trustees. - º ANNUAL APPROPF. A.Tº ORDENANCE: Sec. 190. The Metropºlitan Council, upon receipt of the budget from the Manager, shall proceed to the conside eration thereof at public hearings, nº- tice of which shall be given in the manner prescribed by the Metropolitanº Council. - º - - The #etropolitan Council on Monday in June of each year shall fin- ally pass the annual appropriation op- dinance, which ordinariće shałł provideº strued as prohibiting the city and edun-shall submit to the Metropolitan Coun-for the entire cost ºf the city and the last ºne recommendations, 9 * juired b - - - §e §f the city and county. levy APPR º 13 rit overnment and of the govern- fº º the several boroughs: dopt The Metropolitan Council may *::: or reject any of the recommenda º ºf the board of trustees of any bOI º; { ºroviáed, however, that it must adop and embody in said apprºaº. dinance without change or modi º: tion, a.ſly recommendation for the * d penditure of any additional sums. Votº iny such board of trustees, to be *. *ended for a defined purpose and tº le provided by a special tax on the ºd able property in said borough; #. provided also that it must, adopt, with- out change or º gº, ... - .** *13, L1 ºbody in said º: the ..º. of trustees of the Boroughs 0 #º Livermore and º tº expense of conductiº the § government in each of said ºš 6P RATIONS FOR HIGHWA il Sec. 191. The Metropolitan Counci must in said appropriations º provide within each, road district i. sum as may be authorized by the aws ºf the state of California, to be ºr pended for road purpose; within the district in which it is collected. The Metropolitan Council shall ‘. propriate annually from the . fund of the city and county all º sufficient, in conjunction with the '98 district funds and any moneys which rue from the apportionment of * †. motor vehicle fund or tº any other sourge, to provide for the iighting, sprinkling, maintenance, tiºn pair, construgtion and re-construg º of roads, bridges and culverts Yº the city and county, not included: wit lin the boundaries of any borough therein. - PROPRIAT iON Foº SPECIAL- AP: DISTRICTS . . . . . sec. 192. Said annual appropriations tººdinance shall include provision for the maintenance and support of any legal subdivisión Or district of the city and cºunty existing under the laws of the California, the tax for which iº º: jevied against. all the taxable º * of such legal ivision or district. *śoš FoE LEVY OF TAX . Sec. 193. The Metropolitan Council, sº the first Tuesday after the ºt Monday in September of each year, must fix the rate of taxes, designating the number of cents levied oil each one ºãº doiars of taxable propº and levy taxes upºl the taxable prop- erty §º said city and county, suf- ficient, in conjunction. With other sources of income, to raise the amounts y the annual appropriations Said shall be made as follows: sºil be ièvied a tax upon (a) There the taxable property within each of the ºnaintenance of borough property; boroughs sufficient to provide for #: amounts necessary tº pay. the interest and to meet the sinking fund and re- -- Oakland, Piedmont and San Léandro sufficient to maintain the following de: partments or functiºns of government: idemption obligations on ºny outstand- ºing §§nded indebtedness of any borough; ºi to provide such additional sums of ºmoney as may have been voted by the ºard of trustees of any borough to be expended for a defined purpose: (b) There shałł be levied a tax upon A the taxable property within the ter; iſitory included within the Boroughs of * Alamedia, Albany, Berkeley, Emeryville, of streets, sewers and storm drains: - #Thade unless Police, fire, cleaning and º º| - lighting of streets, garbage disposal, li- braries, parks and playgrounds. (c) There shall be levied a tax upºn the taxable property in each of the Boroughs of Hayward, Livermore and Pleasanton sufficient to provide the ex- pense of maintaining the local govern- ment of each of said boroughs. (d) There shall be levied upon the taxable property within each road dis- trict such road taxes as are now OT hereafter may be provided by the laws of the State of California. (e) There shall be levied upon the taxable property within the limits of any legai subdivision or district of the city and county existing under the laws of the State of California, a tax suf- ficient for the maintenance and Sup- port of such legal subdivision or dis- trict. (f) There shall be levied upon the taxable property of the city and county and of the several school districts therein, as the case may be, such school taxes as are now or -hereafter may be provided by the laws of the State of California. g) There shall be levied upon the taxable property within the entire city and county a tax sufficient, in conjung- tion with other sources of revenue, to provide for all expenses of government not included in the foregoing subdivi- sions of this section. URGENT NECESSITIES - Sec. 194. The Metropolitan Council may appropriate a sum not to exceed fifty thousand dollars a year for urgent necessities not otherwise provided by law. No money shall be paid out of this appropriation unless authorized by a five-sevenths vote of the Metropolitan Council. CASH BASIS FUND - Sec. 195. The Metropolitan Council shall create and maintain a permanent revolving fund to be known as the cash basis fund for the purpose of putting the payment of the operating expenses of the city and county on a cash basis. For this purpose the Metropolitan Council shall provide that, from the money collected from the annual tax levy and from money received from other sources, a sum equal to not less than two and one-half cents on each one hundred dollars of assessed valuat tion of all property within the city and county shaft be placed in such fund un- til the accumulated amount in such fund shall be sufficient to meet all legal demands against the treasury for the first four months, or other necessary period, of the succeeding fiscal year. The Metropolitan Council shall have power to transfer from the cash basis fund to any other fund or funds such sum or surns as may be required for the purpose of placing such fund ºr funds, as nearly as possible, on a cash basis. It shall be the duty of the Met: jitan ºn iſ to provide that all money so transferred from the cash basis fund be returned ºthereto before the end of the current fiscal year. ExPEND TURES Li MITED TO ºf APPROPRIATIONS Sec. 196. No expenditures shall be a specific appropriation shall have been made therefor in the annual appropriation ordinance, except as may be otherwise provided in this Charter. --> - º - tº NæxpeºDED BALANCE Sec. 197. At the close ºf each fiscal year the tinexpended balānce of each *which no salaries ºtrºcts fºr work ºr supplies are outstanding shall revert to the general fund, borough fund, school fund, library fund, or district fund, as the case may be, except as otherwise provided in this charter. Any money in the general fund otherwise unappropriated may be appropriated by the Metropolitan Coun- cil at any time by ordinance; the board of trustees of any borough and the Board of Education shall have the same power with regard to moneys in the respective borough, school, or school district funds. DiSE URSE MENTS Sec. 198. The Metropolitan Council shall authorize the disbursen, ent of all public moneys, except as otherwise specifically provided in this charter. - WARRANTS Sec. 199. No warrants shall be drawn except upon an unexhausted specific appropriation. - SEPARATE FUNDS Sec. 200. All revenues, fees and com- missions paid into the treasury shall be at once apportioned to and kept in sep- arate funds. It shall not be lawful, except as otherwise provided in this charter, to transfer any moneys from one fund to another, or to use the same in payment of demands upon another fund. The general fund shall consist of all moneys received into the treasury and not specifically appropriated to any other fund. REGISTRATION OF WARRANTS Sec. 201. When any warrant is pre- Sented to the Treasurer for payment and the same is not paid for Want of funds, the Treasurer minst endorse ºthereon “Not paid for want of funds,” with the date of presentation. He shall number said warrants serially, and sign his name thereto, and thereafter they shall bear such rate of interest as may be fixed by the Metropolitan Council, not to exceed five per cent per annum, and shall be paid in sequence in the order of their numbering. When there are sufficient moneys in the treasury to pay the warrants so registered, the Treas- urer shall post at the Court House door a notice stating that he is ready to pay such warrants and, from the date of the posting of such notice, such war- rants shall cease to draw interest. PAYMENT OF REGISTERED WARRANTS Sec. 202. Any warrant on the treas ury or on any fund thereof which may remain unpaid at the end of the fiscal year for lack of money applicable to its payment may be paid out of any money which subsequently may come into the proper fund from delinquent taxes or other uncollected incorne or reveriue for such year. Such warrants shall be paid out of sugh deliriquent revenue, when collected, in the order of their registra- tion, ſº BONDED INDEBTEDNESS Sec. 203. Whenever in the opinion of the Metropolitan Council it is neges- sary, for the purpose of carrying out any of the powers vested in said city and county including the acquisition, con- struction or completion of any public utility or utilities, to incur a bonded indebtedness, it shall, by ordinance sub- mit to the electors of said city and county at an election held for that pur- pose, a propositiºn or propositiºns for the creation of such bºnded indebted- ness, which proposition or propositiºns shałł specify the armoutit or a fºunts and the purposé ºr purposes fºr which they are created, the term of said bonds, and the rate of interest thereon. No such bóñded indebtedness shall be created unless two-thirds of the electors voting at such election shall authorize the Salºne. CONTRACTS FOR OFFICIAL. º A DVERTISING Sec. 204. The Manager shall adver- tise annually for five consecutive days for sealed proposals for official adver- tising for the ensuing fiscal year. Such advertising shall call for separate bids for publishing: . - (1) The delinquent tax list. * * (2) All other official advertising of the city and county. He shall advertise at the same time for separate proposals for the official advertising of each borough. Such ad- vertisement shall call for bids per square of 150 ems nonpareil (six-point type), and shall specify the type and spacing to be use. . Proposals for city and county adver- tising shall be received only from re- sponsible persons, firms and corpora- tions publishing, within the city and county, newspapers of general circula- tion, each of which must have a bona fide general circulation in this city and county of at least twenty-five hundred Čopies, and must have been published regularly for one year prior to the date of the first insertion of the Manager's advertisement. Proposals for borough advertising may be received from newspapers of general circulation published in the several bor- oughs, or, if there be no newspaper of general circulation published in any borough, then from newspapers of gen- eral circulation published in adjacent boroughs. The proposals for city and county ad- vertising shall be opened in the pres- ence of the Metropolitan Council, which shall award separate contracts for pub- lishing the delinquent tax list and for publishing other city and county ad- vertising to the respective lowest re- sponsible bidders publishing newspapers within the city and county; provideº, however, that the Metropolitan Council may reject any or all ºils and order the Manager to advertise for "new bids. The proposal for borough advertising shall be opened in the presence of the several borough boards of trustees, and each borough board of trustees there- upon shall award to the lowest respon- sible bidder the contract for publishing the advertising of the borough; pro- vided, that any borough board of trus- tees may reject any or all bids and or- º the Manager to advertise for new 1Cls. - No award of advertising sha.[l be made by the Metropolitän Council or by the board of trustees of any borough at a rate in excess of the ordinary and reg- ular advertising rates charged to in- dividuals, firms or corporations for sim- ilar character of advertising. - The newspaper to which the contraci is awarded for publishing the officia) advertising of the city and county, other than the delinquent tax list, shałł be known as “The Official Newspaper of the City and County'', and the several newspapers awarded the contracts for borough advertising shall be known as the official newspapers of the respective boroughs. - - EMPLOYEES' PENSION AND INSUR. A NCE FUND Sec. 2205. The Metropolitan Council shall, provide for the continuance of all pension and relief funds in existence at FEES, Sec. 2206. All officers of the city and county and of the several boroughs to whom fees are paid for the performance of official duties, and all officers or emi- eys pertaining to or for the use of the city and county or a borough thereof, shall make regular settlements and at:- counts of their collections raonthly, or Otherwise as may be required by law, Such money shall be transmitted or paid to the Treasurer daily, and the Treasurer and the Auditor shall credit such officer or employee with same to any specific fund. Such office” or employee shall, upon his regular sº tlement, be credited with all amºuyº paid to the Treasurer and not iſ, in his previous settlements, as sº cash. - º SALARIES IN FULL COMPENS Sec. 207. The salaries provideº all officers and employees of the and county and the several boro tº shall be in full compensation for services required of them by this cha. ter or by virtue of their office. - NO PERSONAL INTEREST IN - CONTRACTS - - Sec. 208. No elective or appointive county, or of the severał boroughs thereof, shall hold any other public of: fice of profit, except the office of notary public or an office in the National Guard of the State of California, or be inter- ested, directly or indirectly, in any coº- tract or transaction with the city and surety upon any bond given to the city and county, or any borough thereof. Nº officer or employee shall receive any commission, money, or thing of value, or derive any profit, benefit or advaň- tage, directly or indirectly, from or by rea, on of any dealings with or service fºr the city and county, or any borough laº; ful compensation as such officer or erºloyee. --- - It shall be the duty of every officer and employee who shall have knowledge of any violation of the provisions ºf this Šećtion to report inmediately such vio- lation to the Metropolitan Council, and every officer and employee who shall viºlate any of the provisions of this see- tion shall forth with forfeit his office or errºßloyment. Any yiolation of the pro- visions of this section shall render the cojºtract or transaction involved void- able at the option of the Metrópolitan Council, OFFICE HOURS - - §ec. 209. All offices of the city and Çpunty shall be kept open for the trans- action of business from 9 o'clock a. º. until 5 o'clock p. m. every day in the year, except Sundays and holidays. OATH OF OFFICE Sec. 210. Every elective and ap- pointive officer of the city and county. or of any borough thereof, before enter- ing upon the duties of his office, shall take the oath of office provided for by the Constitution of the State of Cali- fornia and file the same with the Clerk. Every such officer must also, within ment, and before entering upon the duties of his office, execute the bond if any, required by the provisions º the time this charter Shall take effect. this charter, by the Metropólitºn Coutº The Metrópolitari Council flºº vote, for the establąskºent and mająte- *anºe of an emplºyees' pººja and iº. by ordinance, adopted by a five-sevenths tºº, surance fund ºr funds, fively shall execute ºfficial bº ployees collecting or receiving any mon- officer or employee of the city and thºreof, by himself or others, except his the amount so paid without apportioning the º county, or a borough thereof, or become . - ten days after his election or appoint- gº...or by any borough board of trus- of Eſcºt sonos ſº. 211. The following officers, Fa- t -º- -V 14 to the city and county in the following ºrmounts: Manager . . . . . . . . . . . . . . . . . . . . . . $25,000.00 Auditor ~, . . . . . . . . . . . . . . . . . . . . . 25,000.00 Treasurer . . . . . . . . . . . . . . . . . . . . .100,000.00 Tax Collector . . . . . . . . . . . . . . . . , 50,000.00 Assessor . . . . . . . . . . . . . . . . . . . . . . 20,000.00 Clerk . . . . . . . . . . . . . . . . . . . . . . . . . 20,000.00 Recorder . . . . . . . . . . . . . . . . . . . . . . 10,000.00 Sheriff. . . . . . . . . . . . . . . . . . . . . . . . . 20,000.00 District Attorney . . . . . . . . . . . . . 5,000.00 City Attorney . . . . . . 5,000.00 Public Administrator . . . . . . . . . 25,000.00 Judges of Municipal Court 2,000.00 each -------- Coroner . . . . . . . . . . . . . . . . . . . . . . . 5,000.00 Fish and Game Warden. . . . . , 1,000.00 Horticultural Commissioner. . . . .000.00 The Metropolitan Council may require a bond to be filed by any other officer or employee and may fix the penal sung thereof. The board of trustees of each ough may require a bond to be filed any officer or employee of such bor- and may ſix the penal sum thereof. tºonds, except that of the Auditor, uš shall be filed in the office of the ºrf snail be fied with the Auditor, ºy official bond shall be secured by ºrety company authorized to act as ºf suffety under the laws of the State fº California. No official bond shall be ºeceived or filed until it has been ap- proved as to form by the City Attorney and as to sufficiency by the Auſlitºr, ex- cept the official bond of the Auditor, which shall be approved as to suf- ficiency by the Metropolitan Council. The official bonds of all officers and employees of boroughs shall be ap- proved as to sufficiency by the board of trustees of such borough. The Metrº- politan Council, by ordinance, may in- crease the amount of bonds required from any officer or employee. If such ºfficer or employee does not file a staf- ficient bond for the increased annount within fifteen days after notification of such increase, his office thereupon shall become vacant. - The premiums on all official bonds shall be paid by the city and county, ºr borough, as the case may be, APPRATSAL OF REAL PROPERTY Sec. 212. in preparation for the assessment of taxes for the fiscal year 1925-1926, and at intervals of five years thereafter, the Metrópolitan Council shall provideº for a scientific appraisal by a recognized expert of all the real Fº in the city and county, but, f such appraisal shall have been pro- vided for by the Board of Süpervisors of Alameda County before this charter shall take effect a new appraisal shall be required only at intervals of five years beginning with such previous ap- praisals. This appraisal shall be made of the first Monday in March of the cal year for which the appraisal is hereby required, and shall be used by the Assessºr as the basis for the as- sessment for that year, and said Asses- sor shall revise his valuation on prop- erty in each intervening year. º CONSTRUCTION OF CHARTER Sec. 213. This charter shall be jib- erally construed. The invalidity of any clause or part of this charter shall not be deemed to affect the validity of any other part thereof, nor shalf any clause, provision or part of this char: ter be deemed invalid because it can- not constitutionally be effective to the full extent warranted by its language, APPLICAB+LITY OF GENERAL LAWS Section 2 iſ. Whenever in this chair- ter reference is made to any law of the State of California, said law shall be ºnstrue to include all acts amenda- ory thereof or supplementary thereto, | - tº EFI NiTHONS - Sec. 31.5, ºhe following words have in this ººter the respective significa- tions attached to them in this section, º otherwise apparent from the con- ext. The words “City”, “County” and “City and County” mean the City and County of Alameda, or the City and County of Oakland, as the case may be. The terms “Borough Board” and *Borough Board of Trustees” mean the Board of Trustees of a Borough. The word “Council” means the Met- rópolitan Council. The word “Councilman” signifies a member of the Metropolitan Council. The word “Franchise” includes “fran- chise, permit or privilege”. The term “Heads of Departments” in- cludes the Sheriff, Clerk, Treasurer, Tax Collector, Recorder, Coroner, Public Administrator, Sealer of Weights and Measures, Fish and Game Warden, Live Stock Inspector, Horticultural Commis- Sioner, City Attorney, Public Defender, Purchasing Agent, Director of Pub- lic Works, Chief of Police, Fire Chief, Superintendent of Streets, Building Inspector, Chief Electrician, Chief xanniner of the Civil Ser- vice Commission, and the head of each division of the Department of Public Service. - - The term “public service” means the conduct and management of any public utility owned and operated by the city and county, or any borough. CERTAIN ELECTIVE OFFICERS CONTHNU ED IN FORCE Sec. 21.6. The District Attorney, Sheriff, County Clerk, Assessor, Auditor, Treasurer, Recorder, Tax Collector and ex-officio License Collector, Public Ad- ministrator, and Coroner of the County of Alameda, in office on the thirtieth day of June, 1923, shall continue in of- fice and shall continue to perform, without interruption, the duties, and to receive the compensation of their re- spective offices until the expiration of the terms for which they were elected, Upon the expiration of said terms, said offices shall be filled in the man- her provided in this charter. The terms of all other elective officers of the pres- ent County of Alameda, and of all elec- tive officers of the several municipali- ties, townships and districts within the present County of Alameda, shall termi- nate at 12 o'clock midnight on the thir- tieth day of June, 1923. PRESENT EMPLOYEES CONTINUED |N OFFICE Sec. 217. Except as otherwise pro- vided in this charter, all persons other than elective officers holding office on the thirtieth day of June, 1923, shall continue in office and in the perform- ange of their duties until provision shall have been made otherwise in accord- anee with this charter for the perform- ance or discontinuance of the duties of any such office. When such provision shall have been made the term and employment of any such person shall expire and the office be deemed abol- ished. CONTINUANCE OF CONTRACTS Sec. 218. All contracts entered into by the County of Alameda and the sev- eral municipalities, townships and dis- tricts therein, prior to the first day of July, 1923, shall continue in full force and effect. All public work begun prior to said day shall be continued and per- fected hereunder. Public improve- ments for which legislative steps have been taken under laws in force at the time this charter shall take effect may be carried to completion in a cºordance with the provisions of such laws. -- orbinances continued in FORCE Sec. 219. All ordinances, resolutions and regulations in the County of Ala- meda and of the several municipal cor- porations and districts therein, in force at the time this charter shall take ef- fect and not inconsistent with its pro- visions, shall continue in force until amended or repealed. - SUCCESSION Sec. 220. All property, real and per- sonal, of the County of Alameda, and of all districts within said county, ex- cept school districts, and of the munici- palities of Alameda, Albany, Berkeley, Emeryville, Oakland, Piedmont and San Taeandro shall become the property of the city and county, except that the Alameda. Electric Light & Power Works and the Alameda, Belt Railroad shall be- come the property of the Borough of Alameda; all property, real and per- sonal, of each of the municipalities of Hayward, Livermore and Pleasanton, including all moneys on hand or due or to become due to such municipalities, shall become the property of the Bor- oughs of Hayward, Livermore and Pleasanton, respectively. All moneys on hand or due or to be- come due to the municipalities of Ala- meda, Albany, Berkeley, Emeryville, Oakland, Piedmont and San Leandro shall become the property of the Bor- oughs of Alameda, Albany, Berkeley, Emeryville, Oakland, Piedmont and San Leandro, respectively. All franchises, rights, liabilities, obli- gations, suits, actions, prosecutions, claims and contracts of the County of Alameda, and of the several municipal corporations and districts therein shall remain and continue in full force and effect as if the form of government had not been changed and this charter adopted. For the purpose of carrying out and enforcing such franchises, rights, liabilities, obligations, suits, ag- tions, prosecutions, claims and con- tracts, the Metropolitan Council, offic- ers, boards and authorities of the city and county shall succeed to all powers and duties relating thereto of the Board of Supervisors, officers, boards and au- thorities of Alameda County, and of the several officers, councils, boards and authorities of the several municipal corporations and districts, respectively. All liabilities of the County of Ala- meda and of the several municipalities and districts therein, existing at the time this charter shall take effect, shall be paid out of the moneys transferred to the funds of the city and county or the boroughs thereof, as herein pro- vided. If said funds are insufficient for such purpose, the Metropolitan Council shall levy a special tax upon the prop- erty within the boundaries of the muni- cipality or district affected sufficient to pay such indebtedness. TAKI NG EFFECT OF TH is CHARTER Sec. 22#. For the purpose of non- inating and electing the councilmen, trustees of the several boroughs, and the judges of the Municipal Court, and for the purpose ºf superseding all ex- isting provisions authorizing the elee- tion of officers of the several districts and mitºnicipal corporations within the city and county, this charter shall take effect immediately upon its approval by the Legislature. The Board of Super- visors of the County of Alameda, in of- fice at the time ºf such approval, shall provide for the holding of the first elec- tiºn of councilmen, trustees of each borough, and judges of the Municipal Court under—this charter and shall can- vass the votes and declare the result, Such election shall be held at the ear- liest practicable date. For all other purposes this charter º take effect on the first day of July, APPOINTMENT OF FIRST fMANAGER Sec. 222. The Metropolitan Council, immediately upon its organization, shall proceed to the selection of a Manager of the city and county. Appointments may be made by the Mayor or Manager, pursuant to the provisions of this charter, prior to and to take effect on the first day of July, 1923, except as otherwise provided in this charter. BU DGET FOR FIRST FiSCAL YEAR Sec. 223. The estimate of revenue and expenditures required by this char- ter shall be dispensed with for the fis- cal year beginning July 1, 1923, and the Metropolitan Council, by resolution, ployed in the preparation of the annual appropriation ordinance-for that year. CERT FICATE WHEREAS, the County of Alameda, a county organized under the general laws of the State of California, and having a population of over two hun- dred thousand inhabitants, as ascer- tained by the census of 1920 taken un- der authority of the Congress of the United States, and having within its territorial boundaries ten incorporated cities and towns, on the third day of February, 1921, and under and in ac- cordance with the provisions of Section 7%a of Article XI of the Constitution of the State of California, did elect Arthur W. Beam, Annie Florence Brown, William Cavalier, Leon A. Clark, Samuel J. Donohue, W. Herbert Graham, Lewis A. Hicks, Harriet M. Kearney, Greene Majors, Joseph O. Mc- Kown, Orrin K. McMurray, Blanche Morse, Benjamin H. Pendleton, Charles H. Spear and Orlando E. Swain, 8, Board of fifteen Freeholders to prepare and propose a charter for a consolidated city and county; and WHEREAS, on February 10, 1921, the Board of Supervisors of said County of Alameda declared the result of said election; BE IT KNOWN that, in pursuance of said provisions of the Constitution, and within a period of one hundred and eighty days after the result of said election was declared by said Board of Supervisors, said Board of Freeholders has prepared and does propose the fore- going as and for a charter for a con- solidated city and county government further RESOT.V.E.D. that, pursuant to the said provisions of the Constitution of the State of California, this Board of Free- holders hereby proposes, in the alter- native, that a lesser area than that of the whole County of Alameda, may be formed into a consolidated city and county government to be governed by the charter framed by this Board of Freeholders; said lesser area to consist of the City of Oakland, which City is hereby named and designated as nec- county consolidation, also those incor- porated cities and towns which as pro- vided in said Constitution by a max- jority vote of the qualified electors vot- ing thereon separately, may vote in fa. vor of the consolidation of the whole of said Cºunty ºf Alameda, together - shall prescribe the procedure to be em-lº of said County of Alameda; and be it essary and essential to effect city and towns provided by said Constitution tº be included such lesser area, together with ºriy unincorporated territory within the county proposed to be added, as pre: vided for in said Constitution; said lesser area also to have the combined powers of a city and county, 8.8 pre-- vided in said Constitution for a con- solidated city and county government. HN WITNESS WHEREOF, we have hereunto set our hands in duplicate this º sixth day of August, One Thousanā Nine Hundred and Twenty-one. - LEON A. CLA , President. GREENE MAJ S, ARTHUR W. BEAM. ANNIE FLORENCE BROWN: WILLIAM CAVALIER. - SAMUEL J. DONOHUE. -: W. HERBERT GRAHAMs º: EWIS A. HICKS. * :IARRIET M. KEARNEY. JOSEPH. O. McKOWN. ORRIN R. McMURRAY. BLANCHE MORSE. BENJAMIN H. PENTYLETON, CHARLES H. SPEAR. ORLANDO E. SWAHN. ATTEST: R. H. CHAMBERLAIN. Jr.; - Assistant Secretary, (Endorsed). - Filed Aug. 8, 1921, at 3:30 p. m. GEO. E. GROSS, County Clerk, - By J. C. HOLLAND, Deputy: with the other incorporated cities arić into a consolidation of Secretary. º