ILLINOIS

UNIVERSITY OF ILLINOIS AT URBANA-CHAMPAIGN

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p

CHARTER

Prepared and Proposed for the

CITY OF ALAMEDA

By The

BOARD OF FREEHOLDERS
Elected May 23, 1916

In Pursuance of the Provisions of Section 8,
Article XI, of the Constitution of
the State of California



ARTICLE I.

BOUNDARIES.

SECTION 1. The City of Alameda shall continue to be
a municipal corporation by the name of City of Alameda. The
boundaries thereof are hereby declared to be as follows:

Commencing at a point where the center line of the Tidal
Canal intersects the western line of; Park Street produced
northerly; thence westerly along the center line of the Tidal
Canal and the north or Brooklyn Channel, through Oakland
Harbor and the center line of San Antonio Estuary to its mouth,
as said Brooklyn Channel and pierhead lines of San Antonio
Estuary were established by the United States Harbor Line
Survey of 1910; thence along the center line offcSan Antonio
Estuary produced westerly to its intersection with the west-
ern boundary of Alameda County; thence southeasterly along
the western boundary line of Alameda County to its intersec-
tion with the township line between township two (2) south,
range four (4) west and township three (3) south, range four
(4) west, Mount Diablo meridian; thence easterly along said
township line to the section line dividing sections thirty-one
(31) and thirty-two (32), township two (2) south, range three
(3) west, Mount Diablo meridian; thence northerly along said
section line to the northeast corner of lot one (1), section nine-
teen (19), township two (2.) south, range three (3) west, Mount
Diablo meridian; thence northerly to the center of said Tidal
Canal as established by the United States Harbor Line Survey
of 1910 ; thence along the center line of the Tidal Canal to the
point of commencement.

SEC. 2. Unless a majority of the electors of the city shall
affirmatively vote therefor at a general or special municipal
w«*^Teetion, neither shall the boundaries of the city be changed,
nor shall the city be consolidated with any other city or city
and county.

ARTICLE II.

LEGISLATIVE.

SEC. 1. The legislative power of the City of Alameda shall
be vested in a body to be designated the council, and in the
electors.

SEC. 2. THE COUNCIL. The council shall consist of five
members, who shall serve without compensation. Each coun«
cilman shall hold office for four years and until his successor
is elected and qualified, except that in case of the council first
elected, the three councilmen receiving the highest vote shall
hold office for four years and the two receiving the next
highest vote shall hold office for two years. At the time of
the election each nominee must have been an elector of the
city for at least three years next preceding his election, and
must be of the age of at least twenty-five years.

SEC. 3. QUORUM. A majority of the members shall con-
stitute a quorum, but a less number may adjourn from time
to time, and may compel the attendance of absent members *
in such manner and under such penalties as the council may
prescribe.

SEC. 4. POWERS OP THE COUNCIL. Subject to the
provisions and restrictions in this charter contained, and the
valid delegation by this charter of any of the powers herein-
after included to any person, officer, board or committee, which
delegation of power, if any, shall control, the council shall
have power in the name of the city to do and' perform all
acts and things appropriate to a municipal corporation and

SEC. 6. COUNCIL MEETINGS, ffhe council shall meet
at eight o'clock p. w. on the third Tvr|jay in April next suc-
ceeding the general municipal electicM and shall hold regu-
lar meetings twice in each month	such other times as
they shall fix by ordinance. They stiftl not convene at any
place other than their regular place <4 meeting. Their meet-
ings shall be public. Special meeting! may be called by the
mayor or by three councilmen, by solving the members per-
sonally With written notices, or leatjjig the same at places
designated .by the respective membe«. at least three hours
before the time of the proposd meetin|.

SEC. 7. THE MAYOR. The may® shall be recognized by
the courts as the official head of ti>cecity for the purpose of
serving civil process, by the governjor for the purpose of
military law, and shall represent the city for all ceremonial
purposes. He may take command of the police and govern the
city by proclamation during times 'rf public danger or emer-
gency, and he shall himself be the judge of what constitutes
such public danger or emergency.

SEC. 8. ABSENCE OF THE M
temporarily absent or unable ,to j
the vice-president shall during sue
tempore and perform such duties

\YOR. If the mayor be
rform his official duties,
time act as mayor pro
In the absence of both



the coun-
ffie duties

The general welfare of-its inhabitants and which are not speci-
fically forbidden by the constitution of the state or which now
or hereafter it would be competent for this charter specifically
to enumerate; and no enumeration or specific statement herein
of any particular powers shall be held to be exclusive or a
limitation of the foregoing general grant *of power. The
council shall have the power to delegate ? ariy^ of the powers
conferred on or vested in it.

SEC. 5. The council shall:1

One. Judge of the qualifications of its members and of all
election returns;

Two. Establish rules for its proceedings;

Three. Keep a correct journal of its proceedings. The
ayes and noes shall, on demand of any member, be taken and
entered therein;

Four. Choose one of its members president and another vice-
president, each of whom shall serve for twro years, and without
conpensation. The president shall be ex-officio mayor;

Five.. Appropriate annually, and the council must so ap-
propriate, to the mayor, for his own use, the sum of six hundred
dollars, for which he need furnish no vouchers;

Six. Appoint a city clerk;

# Seven. Fix the compensation of all officers and employees
not otherwise provided for.

preside^^and^yic^-rresident _th
cirmil^l^m7 onfe^o?^Bei?*7m
of president and mayor.

SEC. 9. CITY CLERK. The du|fes^^^h^~-©ity.clerk shall
be such as are prescribed by the coiihcil and provided by law.
He shall hold office until removed by a four-fifths vote of the
whole council.

SEC. 10. LEGISLATIVE ACTS. T|e enacting clause of every
ordinance passed by the council shall be in these words: "Be
it ordained by the council of the City of Alameda." The
enacting clause of every ordinance passed by the people shall
be as follows: "Be it ordained by the people of the
City . of Alameda." No ordinance shall be so amended
as not to be germane to its original purpose. No ordi-
nance shall be passed .by the e4uricil on the day of its
introduction or within five . dayF thereafter, or at any
time other than at a regular meeting or an adjourned
regular meeting. Every ordinance shall be signed by the
officer presiding at the time of itsJadoption, attested by the
clerk and published at least once Jn a newspaper published
in the City of Alameda, or advertised as hereinafter provided.

SEC, 11. ORDINANCES. All ordinances and resolutions
shall be deposited with the city clerk, who shall record them
in a suitable book. All ordinances shall be published
once in the city official newspaper within three days after the
same shall have become a law. The publication of all ordi-
nances granting any franchise or privilege shall be at the
expense of the applicant therefor..^

SEC. 12. It shall not be necess
or prove the organization or exi

ry in any action to plead
tence of the corporation,
istence or validity of any

take judicial cognizance

........- - - ...... _U-

City of Alameda, or the passage,

ordinance thereof; and courts^si
thereof Without 'pro6ff

SEC. 13. Any measure that tl< council or the electorate
of the city, as herein provided, is 5 authority to adopt, the
council may, of its own motion, sufnfit to a vote of the electors
at a general or special election.

SEC. 14.. TIME OF TAKING fctFECT OF ORDINANCES.

Except as herein provided no pejial ordinance or measure
passed by the council, granting any Sfranchise or privilege, and
no ordinance or measure making o| authorizing any contract
(except contracts for improvements the expenses whereof are to
be defrayed by local assessment and contracts where the subject
matter involved is of less value than one thousand dollars),
shall go into effect in less than thirty days after its final pas-
sage. But ordinances and contracts declared by the council
to be necessary as emergency measures for the immediate preser-
vation of the public peace, health ojr safety, passed by a four-
fifths vote of the whole council, and not obligating the city
for a longer period than one year, may go ; into effect at the
will of the council, or as otherwise provided by law.

SEC. 15. AYES AND NOES. Except as hereinafter pro-
vided no bill shall become an ordinance, and no resolution shall
be adopted unless finally passed by a majority vote of all the
members of the council, the vote taken by ayes and noes,
and the names of the members voting for and against the
same entered in the journal. No resolution or order for the
payment of money shall be passed at any other than a regu-
lar meeting or an adjourned regular meeting.

SEC. 16. No ordinance shall be revised, re-enacted or
amended by reference to its title; but the ordinance to be
revised or re-enacted or the seetiota. thereof to be amended,

shall be re-enacted at length as revised and amended. Any

J.:1/"V_:"x.Ji	___4-^

ordinance revised, re-enacted or amended

void.

In the erection, im-
buildings and works, in
ri all work in or about
lit embankments or other
w, and in furnishing any
e, ' When' the expenditure
the sum of one thousand
contract, and shall be let

contrary to the

provisions of this section shall be
SEC. 17. GENERAL CITY WC^RK.

provement and repair of all public
all street and sewer work, and
bays or w^tierfronts, or in or abo
works for protection against oyerflc
supplies or materials for the sam
required for the same shall exceed
dollars, the same shall be done by
to the lowest responsible bidder, after notice by publication
in the official newspaper

Provided, that the council may reject any and all bids pre-
sented and may re-advertise, in their c iiscretion, and

Provided further, that after
cil may declare and determine by
its members that in its opinion the
performed more economically by dt.

or supplies purchased at a lower \

and after the adoption of a resolutic
proceed to have the same done, in 1
further observance of the foregoing
and

Provided further, that in case 0:

such as an extraordinary fire,

rejecting bids the coun-
a four-fifths vote' of all
work in question may be
,y labor, or the materials
>rice in the open market,
n to this effect, they may
;lie manner stated without
provisions of this section;

or other disaster, the council may, by resolution passed by
a vote of four-fifths of ail its members, declare and determine
that public interest and necessity demand the immediate ex-
penditure of public money to safeguard life, health or property,
and thereupon they may proceed to expend or enter into a
contract involving the expenditure of any sum required in
such emergency. Advertisements for bids need not specifi-
cally state the work contemplated, but may refer to specifica-
tions on file in the office of the city clerk.

SEC. 18.. PRINTING AND ADVERTISING. The coun-
cil shall annually call for bids for printing and advertising.
The contracts for printing may be awarded separately on the
various itetns, and contracts for each shall be awarded to the
lowest responsible bidder;

Provided, that the council may reject all bids for print-
ing if in their opinion the bid of the lowest responsible bidder
is exorbitant, and may again call for bids, subject to the
reservation hereinafter mentioned. If the council shall deter-
mine that the bids secondly received are exhorbitant, they may
nevertheless let the contract to the lowest bidder for such
portion of the printing as the board may determine, reserving
the option to obtain other printing from such bidder at the
schedule rktes; and as to any printing not specifically men-
tioned in the contract, the board may from time? to time secure
done by any party who may agree to do the
same at a loWer rate than that scheduled in the bia
the city printing. In lieu of newspaper advertising the coun-
cil may issue and publish a bulletin containing such matter
as they are required by law to publish, sending the same by
mail to the registered voters of the city, to their addresses
as the same shall appear o1i the great register of
Alameda County, and shall also post printed copies
of such advertisement in three public places in the
City of Alameda, at least five days before action is taken
in response to said publication. Such mailing and posting
shall be conclusively deemed to be of the same effect as if
the advertisement had been fully published in the official news-
paper of the city. The council shall annually designate as
the official paper, a newspaper of general circulation published
in this city, which shall have been established at least one
year. In no event shall the rate for official advertising exceed
the usual rate charged by the paper for publishing legal notices.

SEC. 19. No councilman shall be eligible to appointment
on any board or commission provided for in this charter
except as designated, in the charter.

SEC. 20. VACANCIES IN THE COUNCIL. Any vacancy
occurring in the council shall be filled by majority vote of
the remaining councilmen. In case of failure of the council
to appoint within thirty clays, a board consisting of the police
judge, the auditor and the tax collector shall, by majority
vote, make the appointment.

SEC. 21. COMMITTEES OF COUNCIL. The council shall
appoint such standing and other committees as they deem
necessary.

SEC. 22. The council shall not sell or convey any portion

i,T\v waterfront. No lease or sale of real estate shall be

authorized by the council except by ordina,nce passed by the
affirmative vote of four-fifths of all the members, and no lease
shall be made for a period longer than twenty-five years
except by ordinance adopted by the people. No ordinance
for the lease or sale of real estate or for the lease of water
front rights by the council shall take effect within sixty days
from the date of passage.

SEC. 23. Whenever an applicant for a franchise or other
person shall pay in advance to the city the expenses of a
special election, the council may, in its discretion, call such
election, at which the proposed ordinance shall be submitted to
vote of the electors.

SEC. 24. EXPERT ACCOUNTANT. The council shall ap-
point and fix the compensation of a certified public accountant
who shall semi-annually investigate the transactions and accounts
of all officers having the collection, custody or disbursement
of public money, or having the power to approve, allow or
audit demands on the treasury; and who shall have free
access to all records, books and papers in all departments
of the city; ho shall have power to administer oaths and
affirmations, to examine witnesses and compel their attend-
ance by subpoena. He may at any time visit any of
the public offices and make examinations and investigations
therein without hindrance. He must examine the official bonds
of all city officers and investigate the sufficiency and solvency
of the sureties thereon. He shall keep a record of his pro-
ceedings, with the names of the witnesses examined and a
substantial statement of the evidence taken. At the close of
his investigation he shall file with the council a written re-
port containing his recommendations. If during his exami-
nation it shall appear that a public offense has been com-

o'r that the. our otioa

a great public calamity,
flood, storm, epidemic

on any bond "are insufficient, he shall immediately report to
the council, which shall take such proceedings as are authorized
by law,: and may suspend the official pending such proceedings.
Any police officer shall execute the processes issued by him.

SEC. 25. OFFICIAL (BONDS. The council shall, by ordi-
nance, determine what officers shall give bonds for the faith-
ful performance of: their duties, and shall fix the amounts of
such bonds; and each of such officers shall, before entering
upon the duties of his office, execute a bond to the city in
the penal sum provided by the ordinance, including in the
same bond the duties of all offices of which he is made
by this charter ex-officio incumbent. Such bonds shall be
approved by the council. All bonds when approved shall
be filed with the city clerk, except the city clerk's bond,
if any, which shall be filed with the auditor. All the pro-
visions of any law of this state relating to the official bonds
of officers as then existing shall apply to such bonds except
as herein otherwise provided. Every officer of the city, before
entering i upon■ the duties of his office, shall take and file
with the city clerk the constitutional oath] of office.

SEC. 26. INITIATIVE AND REFERENDUM. Legislation
may be enacted by the electors of Alameda under the general
laws of the state providing for the initiative and referendum.

SEC. 27. PRISON RELIEF FUND. The council may in its
discretion, set aside a sum each year to be known as the

\

Prison Relief Fund. Out of this fund, in the discretion of
the city manager, city justice and chief of police, acting as
a commission, may be disbursed to a prisoner or to the family
of a prisoner, such sum as the commission may deem a fair
wage for services and work actually performed by the pris-
oner for the city. Nothing herein contained shall be con-
strued to compel the commission or the city to pay for any
work or services rendered by any prisoner.

ARTICLE III.

JUDICIAL AND LEGAL.

Chapter I—Police Court.

SEC. 1. The judicial power of the city shall be vested
in a police court to be held by the police judge of the city,
Said police court shall have jurisdiction concurrently with
the justices' courts, of all actions and proceedings, civil and
criminal, arising within the corporate limits of the city, and
which might be tried in such justice's court; and shall have
exclusive jurisdiction of all actions for the recovery of any
fine, penalty or forfeiture prescribed for the breach of any
ordinances of the city, of all actions founded upon any obli-
gation or liability created by any ordinance, and of all prose-
cutions for any violation of any ordinance. The rules of prac-
tice and mode of proceeding in said police court shall be the
same as are or may be prescribed by law for justices' courts
JnJUkfi. pa.yp.Sf	appi?aisrnnay~^	superior

court of Alameda county, from all judgments of said police
court, in like manner and with like effect as in cases of
appeals from justices,' courts. ' „ ! 1 , !

SEC. 2. The police judge shall be judge of the police court
and shall have the powers* and perform the duties of a mag-
istrate. He may administer and certify oaths and affirma-
tions, and may take and certify acknowledgments. He shall
receive for his services a salary to be fixed by the council,

SEC. 3. In all cases in which the police' judge is a party,
or in which .he, is, interested, or when he is related to either
party by consanguinity or affinity within the third degree,
or is otherwise disqualified, or in case of sickness or ina-
bility to act, the police judge may call upon any justice of
the peace residing in the county to act in his stead.

SEC. 4. The police judge must be an attorney-at-law,
duly admitted to practice by the supreme court of the state.
He shall be elected in the same manner and at the same time
as the councilmen, and shall hold office for four years.

SEC. 5. The foregoing provisions of this article shall not
take effect until the provisions of the general laws of the
state applicable to city justices of the peace shall be repealed.
In the event of such repeal the council shall by ordinance
establish a police court.

SEC,
pointed
of the
be an
practice

Chapter II—City Attorney.	*:

6. There shall be a city attorney who shall be ap-
by the council, and who shall be an elector
city at the time of his appointment, and shall
attorney and counselor-at-law duly admitted to
by the supreme court of the state. He (shall

tile1 '	^ OT^' frrfer

snail

pro-

fession for a period of at least four years next before his
appointment. He shall hold office until removed by a four-
fifths vote of the whole council.

SEC. 7. It shall be his duty to prosecute on behalf of the
people all criminal cases before the police court and justices
of the peace, for all violations of this charter and of city
ordinances and resolutions. It shall be his duty to attend
to all suits and other matters to which the city is a party
or in which the city may be legally interested. He shall be
in attendance at every meeting of the council unless excused
therefrom; and shall give his advice or opinion in writing
whenever required by the council, board of education or other
city officers. He shall be the legal adviser of all city officers;
he shall approve the forms of all bonds given; to and all
contracts made with the city; he shall, when required by
the council or any member thereof, draft all proposed ordi-
nances for the. city, and amendments thereto; and shall do
and perform all things touching his office as the council or
the presiding officer thereof may require of him, and at the
expiration of his term shall surrender to his successor all
books, papers and documents pertaining to the city's busi-
ness. He shall receive a salary to be fixed by the council.

ARTICLE IV

FINANCE
Chapter I—Auditor and Assessor.

SEC. 1. AUDITOR. An auditor shall be elected at the gen-
eral municipal election. He shall hold office for four years, and
until his successor is elected and qualified. He shall be ex-
officio assessor. His compensation for acting in both capacities
shall be $2400 per annum. He may appoint one or more deputies,
for whose acts he

SEC. 2. The auditor shall be the general accountant of the
city. He shall receive and preserve in his office all accounts,
books, vouchers, documents and papers relating to the accounts
and contracts of the city, its debts, revenues and other financial
affairs.

SEC. 3. He shall keep an account of all moneys paid into and
out of the treasury, and the treasurer shall pay no money except
on demand approved by the auditor. He must always know the
exact condition of the treasury.

SEC. 4. He shall approve no demand unless the same has
been allowed by the council, board or other authority directed
by the charter to act thereon.

SEC. 5. Every demand approved by him shall specify on
its face the several items composing it, the amounts and the
dates thereof, and shall be numbered and acted upon in the order
of presentation.

SEC. 6. Every demand upon the treasurer, before it can be
jmid, must be presented to the auditor, who shall satisfy himself
whether the money is legally due, that its payment is authorized
by law, and out of what fund payable. If he allow it he shall
endorse thereon the word "allowed," the name of the fund
out of which it is payable, and the date and consecutive number
of its allowance, and shall sign his name thereto.

SEC. 7. Except as otherwise provided in this charter no money

shall be drawn from thi treasury unless in consequence of appro-
priations made by the ctuncil and upon demands duly drawn by
the auditor. No warr^t shall be drawn except upon an unex-
hausted fund.

SEC. 8. ASSESSOR,, As assessor the auditor shall perform all
duties prescribed by thi| charter, by ordinance and by general law,
for assessing property tor the purpose of taxation.

SEC. 9. The assessment of property within the city shall be
made for each year by^the assessor; and he shall employ such
clerical assistance as inlay be required to properly prepare such
assessment.	\

Chapter II—treasurer and Tax Collector.

SEC. 10. TREASURER. A treasurer shall be elected at the
general municipal election. He shall hold office for four years,
and until his successor.is elected and qualified. He shall be .
ex-officio tax collector. His compensation for acting in both

capacities shall be $2400 j
deputies, for whose acts h

SEC. 11. As treasurer
belonging to the city, and
disbursements.

SEC. 12. He shall pay j
upon leg-arir aeinandsj^j

by this cITarte^i^utlioS

|r annum. He may appoint cne or more
and his bondsmen shall be responsible.

e shall receive and pay out all moneys
all keep an account of all receipts and

ut money belonging to the city only

«by law.

SEC. 13. TAX COLLifi^TOR. As tax collector he shall per-
form such duties as are prescribed by this charter, by ordinance,
and by general law. *

SEC. 14. BANK MAY TREASURER. When not in con-
flict with the constitution of this state, it shall be permissible, in
the following manner, to ^bolish provision for the election of a
treasurer:

An ordinance may be adopted by the vote of the electorate
abolishing the provision in this chapter for the election of a treas-
urer, and for the salary thereof, and substituting in lieu thereof a
provision for the appointment of a bank or banks to
act as depositary or depositaries of the funds of the
city. Such ordinance liiust provide - due safeguards for
the proper keeping antl disbursement of the funds of
the city. It may also name the salary of the official who shall
thereafter be elected tax collector; and shall provide that such tax
collector shall make daily deposit in the proper depositary of all
sums collected by him as tax collector. Such ordinance may be
drawn to cover, supersede and repeal all the provisions of this
chapter. It shall not take,effect until the close of the term for
which the treasurer then in office has been elected.

?■	Chapter III—Levying of Taxes.

SEC. 15. DEPARTMENT ESTIMATES. On or before
the second Monday of May in each year the several boards
and heads of departments shall send to the city manager detailed

estimates of the amount o
ment for the fiscal year n
the salaries of all subordiij

1 SEC. 16. CITY MANA<

^expenditure required in each depart-
:t ensuing, including a statement of
ites.

?R .TO ESTIMATE EXPENSES. On

^ear thercity manager

ai estimate of the expenses of the
ing fiscal year, stating the amount
tnd sinking funds for all outstanding
all the departments of the municipal
iijg specifically the amount necessary
:upd in the treasury; also an estimate
icenses and other sources of revenue,
operty; also the probable amount re-
d by taxation.

U shall provide by ordinance a
lection of all city taxes, which system
circumstances may permit, to the pro-
state.

SEC. 18. DOLLAR LI® 1IT. The amount of the tax levy shall

shall transmit to the couni
city government for the e:
required to meet the interei
funded debts and the wants
government in detail, sho^v
to be apportioned to each
of the income from fines,
exclusive of taxes upon pi
quired to be levied and rais
SEC. 17. The counc
system for the levy and co
shall conform, as nearly as
visions of the laws of this

be sufficient to provide for
all demands upon the trea
same; but such levy, exclu
and maintain the sinking fu
and exclusive of the tax to
pay for the maintenance a4
and public grounds of the c
lar on each hundred dollars
council in making the levy

funds.

SEC. 19. EMERGENCY RESERVATION.

the section last preceding s
cessity or emergency. In s

made in the rate of taxatio
year, unless such increase 1
vote of the people or pass

cited in the ordinance aut
section shall authorize the
law or which cannot be pa
vided, collected and paid in

the payment during the fiscal year, of
sury authorized to be paid out of the
sive of the tax to pay the interest on
nds of bonded indebtedness of the city,
pay for street and sewer work and to
ad improvement of the parks, squares
ty, shall not exceed the rate of one dol-
valuation of the property assessed. The
hall apportion the taxes to the several

The limitation in
hall not apply in case of any great ne-
ich case the limitation may be tempor-

ally suspended. No increase over the dollar limit shall be

n authorized to be levied in any fiscal
>e authorized by ordinance adopted by
ed by a four-fifths vote of the whole

council. ^Fhe character of~s uch necessity or emergency shall be re-"

lorizing such action. 'Nothing in this
incurring of liabilities not allowed by
d out of the income and revenue pro-
to the proper fund as its proportion of

ndfr'lnitrta

the same for such fiscal year, or permit liabilities or indebtedness

arbitrarily used and adopt
SEC. 22. No contract

ments upon the property to

ear to be a charge upon or paid out of
y other fiscal year.

elinquent taxes shall be made to the

incurred in any one fiscal j
the income or revenue of aiji
SEC. 20. All sales of c
City of Alameda.

SEC. 21. If the council fail to fix the tax rate within the time
prescribed, then the previous year's rate and valuation shall be

ed.

nade, the expense of the execution of

which is not provided by law or ordinance to be paid by assess-

be benefited, shall be binding or of any

force unless the auditor shall endorse thereon his certificate that
there remains unexpended and unapplied as herein provided, a
balance of the appropriation or fund applicable thereto, sufficient
to pay the estimated exxjenises of executing such contract as certi-
fied by the board or officer jmaking the same. This provision shall
not: applyr to vvork done q] supplies ,furnished, involving the ex-
penditure of less than two hundred and fifty dollars. The audi-
tor shall make such endorsement upon every such contract so
presented to him if there remain unapplied and unexpended such

amount so specified by the officer making the contract, and there-
after he shall hold and retain such sum to pay the expenses in-
curred until the contract shall be fully performed.

SEC. 23. The council shall authorize the disbursement of all
public moneys except as otherwise provided in this charter, or
by state law.

SEC. 24. SURPLUS RETURNED TO GENERAL FUND. At

the close of each fiscal year, if aU demands against each fund have
been paid or satisfied, and all disputed or contested demands fully
determined, the council shall direct the treasurer to transfer all
surplus moneys to the general fund, except such surplus moneys as
may be in the several interest and sinking funds and in such other
funds the disposition of whose surplus moneys is otherwise pro-
vided for.

SEC. 25. All moneys derived from the sale oi bonds, including
premiums, and interest aceruing.fBy reason of the depositing there-
of, shall be applied only to the purpose for which the bonds were
voted. Any moneys remaining after the work for which the bonds
were voted has been completed and paid for, shall be applied to
the payment of interest on or to the retiring of such bonds.

SEC. 26. -BOARD OF EQUALIZATION. The council shall
meet at the usual place of holding meetings, on the first Tuesday
of September of each year, at ten o'clock in the forenoon of said

hear complaints, and to correct, modify or strike out any as
ment made by the assessor and may of its. o\pi motion, raise
assessment, upon notice to the party wftc^e a^se^s^ntl is
raised. Such corrected list Sshall constitute !tte assessment roll
the fiscal year. It shaill b& c6rti;fied by the city clerk, wh
shall act as clerk of the board of equalization;

SEC. 27. Any demand against the treasury remaining unpaid
at the end of the fiscal year for lack of money applicable to its
payment may be paid out of any money which may subsequently
come into the proper fund from delinquent taxes or other un-
collected income or revenue for such year. Such demands shall
be paid out of such delinquent revenue when co'lJe&teclL

SEC. 28. All moneys received from taxes, licenses, fees, fines,
penalties and forfeitures, and all moneys which *ttia£y 'be collected
ox, received by any officer of the city in ,his< official capacity, or
from any department of the city, for the performance of any
official duty, and all moneys accruing to the city from any source,
and all moneys directed by law or by this charter to be paid or
deposited in the treasury, shall be paid into the treasury daily.

SEC. 29. On the first day of each month every officer author-
ized by law to charge any fee, commission, percentage, allowance
or compensation, must make a written report to the auditor of all
moneys received by him during the preceding month.

SEC. 30. All demands for salaries fixed by law, ordinance or
this charter, and made payable out of the treasury, may be al-
lowed by the auditor without previous approval by the council.

ARTICLE V.	J

EDUCATION.

Chapter I—School Department.

SEC. 1. BOARD OF EDUCATION. The control of thg schoc
department shall be vested in & board of education, which Ishafr
consist of five members, who shall receive no compensation. The
members of the board of education who shall be in office at
the time this charter shall take effect shall remain in office until
the expiration of their respective terms. Thereupon and there-
after the vacancies occurring by expiration of the terms of the
incumbents shall be filled by appoiitfment by the mayor; each
appointee to hold office for five years, and until his successor is
appointed and qualified. Any vacancy occuring prior to the
expiration of a term shall be filled by appointment by the mayor,
the appointee to serve for the unexpired term.

SEC. 2. ORGANIZATION. The board shall organize annually
by electing one of its number president, whose term of office shall
be one year, and until his successor is elected and qualified.

SEC. 3. MEETINGS. The board shall hold regular meet-
ings at least once in each month, and at such other times as
it may determine. Special meetings may be called at any time
by the president; and the president shall call a special meet-
ing at any time when requested in writing so to do, by any
two members. Absence by any member from four consecu-
tive regular meetings, unless such member be excused by
the board by resolution entered upon its minutes, shall work a
forfeiture of office.

SEC. 4. POWERS OF THE BOARD. In addition to the
powers and duties prescribed by the general laws of the state,
the board shall have power:

One. To establish and maintain public schools, including
kindergarten, primary, grammar, high, technical, and evening
schools, and to change, consolidate and discontinue the same
as the welfare of the department may require;

Provided, that no teacher shall be elected to a position in any

trrtftr

credited graduate of either a California State Normal school, the
University of California, the Leland Stanford Junior University,
or of an institution of equal rank, or who has had at least two
years' successful teaching experience;

Two. To manage and control the school property;

Three. To employ, pay, promote, transfer and dismiss
teachers and other employees; to fix, alter and approve their sal-
aries and compensation, and to make rules governing the same;

Four. To provide the department with all necessary sup-
plies, and to incur such other incidental expenses as may be
necessary for the welfare of the department;;

Five. To construct, repair, alter, rent and provide school
houses; to supply them with proper furniture, apparatus and
appliances, and to insure any and all school property against
loss by the elements;

Six. To recommend and arrange for the purchase, sale,
lease and exchange of school lots and other school property;
to take charge of any and all real estate and personal property
which may have been or may hereafter be acquired for the use
and benefit of the public schools of the city. The proceeds of
any, sale and the income from any school property shall be
used;for school purposes; r	r 5 :

Seven. To sue and to prosecute and defend actions at l#w
or in equity in the name of the board of education, and to em-ploy counsel therefor in case the district attorney or the city
attorney be disqualified or unable to act.

SEC. 5. SCHOOL SUPERINTENDENT. The board of edu-
cation shall appoint a superintendent of schools, who shall hold
office for four years unless sooner removed by a vote of four
members. He shall be the executive officer of the board in all
matters relating to instruction, discipline and conduct of the
schools. He shall receive such compensation as may be fixed
by the board. He shall be ex-officio the secretary of the board
and shall act as bookkeeper for the board, without extra com-
pensation. He shall attend all sessions of the board, and shall
make such reports as the board may require, or as he may deem
to be for the interest of the department.	J

SEC. 6. The board shall appoint an assistant secretary,
whose compensation shall be fixed by the board.

SEC. 7. The board of education shall organize and act as a
high school board as provided by law.

SEC. 8. The board shall determine annually the amount of
moneyi necessary to support and maintain the public schools of
the city and to carry into effect all provisions of law regarding
the same, and shall, on or before the second Monday in May of
each year, submit in writing to the council an estimate of the
money to be received from the state and county and an itemized
estimate of proposed expenditures for the next fiscal year, with
a request for such additional money as they may need in
excessv of "tlie Irthotitif toJ b ^^Tie^VetrTrbW^Yne	^

Such additional money, When collected, shall immediately be
paid into the school fund of the . city, which fund shall be
drawn upon only by warrants for claims duly allowed by the
board against the school department. The warrants must be
signed by the president;and secretary of the board and by the
auditor.	? ? ,

Chapter II—Free Library.

SEC. 9. FREE LIBRARY TRUSTEES. The Alameda Free
Library shall be under the control of a board of five trustees who
shall receive no compensation., The members of the board who
shall be in office at the time this charter shall take effect shail re7
main in office until the-expiration of their respective terrti$. There-
upon and thereafter the vacancies occuring by expiration of the
terms of the incumbents shall be filled by appointment by the
mayor, each appointee to hold office for five years, and until his
successor is appointed and qualified. Any vacancy occurring
prior to the expiration of a term shall be filled by appointment
by the mayor, the appointee to serve for the unexpired term.

SEC; 10. The board of library trustees shall meet at least
once a month at such time and place as they may fix by resolu-
tion. Special meetings may be called at any time by the presi-
dent or by two trustees. A majority of the board shall con-
stitute a quorum. The board shall elect one of its number presi-
dent, who% shall serve for one year, and until his successor is
elected, and in his absence the board shall select a president pro
tem. The board shall cause a proper record of its proceedings to
be kept.	* , < *

SEC. 11. Th€ board of library trustees shall have power :
One. To make and enforce rules, regulations and by-laws
necessary for the administration, government and protection of
, the library, and all, property belonging thereto. All fines col-
iected shall be deposited with the treasurer to the credit of the
library fund;

Two. To administer any trust declared or created for the
library, and to receive by gift, devise or bequest and hold in. trust
or otherwise, property situated ini this state or elsewhere, and
when not otherwise provided, dispose of the same for the benefit
of the library;	" ' ;	? ^	?

Three. To prescribe the duties and powers of; the librarian,
secretary and other officers and employees of the board, to deter-
mine the number of and appoint all such officers and . employees,
and to fix their, compensation-; .

Four. To purchase necessary hooks, journals, publications
and other personal property;	.

Five. To request the secretary of state and other state; offi-
cials to furnish the library with copies of any and all reports,
laws and other publications of the state not otherwise disposed of
by law;. ■; >	• :	I ! . .

4 Six. To borrow books from, lend books to, and exchange
the same with, other libraries and to allow non-residents to bor-
row books upon such conditions as the board may prescribe/ i
SEC. 12. The board shall, on or before the last day of July in
each year, make a report to the city council, giving the condition
of the library on the thirtieth day of June preceding, together
with a statement of its proceedings for the year then ended, and
forward a copy thereof to the state library at Sacramento. .

!•' SEC. 13. LIBRARY FUND. The board shall determine an-
nually the amount of money necessary for the maintenance of the
library. They shall, on or before the second Monday in May, each
year, submit to the council an itemized estimate of the amount so
determined. If this amounts to seven cents, or.less;,on each one



hundred dollars of assessed valuation, it shall^be added to the

laMDtinfs"^otfiefWrse^pfoviaea^"FynETiem^fo't)6 levied and collected
for city purposes. Any amount in excess of seven cents per hun-
dred dollars valuation shall be at the discretion of the council.
When collected, the proceeds shall immediately be paid into a
fund to be designated the ^Library Fund," which fund is hereby
created and1 shall be drawn upon only on order of the board of
library trustees, as herein provided.

SEC. 14. All money acquired by gift, devise, bequest, or oth-
erwise, for the purpose of the library, shall be credited to the
library fund, and shall be applied to the purpose therein author-
ized. If such payment into the treasury should be inconsistent
with the conditions or terms of any such gift, devise> or bequest,
the board shall provide for the safety and preservation of the
same, and the application thereof to the use of the library, in ac-
cordance with the terms and conditions of such gift, devise, or be-
quest.

SEC. 15. All claims against the library fund, which shall have
been allowed by the library trustees and signed by the president
and secretary thereof and by the auditor, shall be paid by the
treasurer from said fund.

SEC. 16. The use of the library shall be subject to such regu-
lations as may be made by the board, for violation of which any
person may be fined, suspended or excluded from the privileges

tive and administrative
rwise provided for.

of the library. '	I

SfeC. 17. When not inconsistent with the terms of its acquisi-
tion, and when not otherwise designated, the title of property ac-
quired for the purpose of the library shall vest in the City of
Alameda, and may be sued for and defended by action at law or
otherwise, in the name of the City of Alameda. The library board
shall have full charge, management and control of such property.

ARTICLE VI.

DEPARTMENT OF ADMINISTRATION.

SEC. 1. ,The department of administration when here-
after referred to, shall be held to include the department of
safety, the department of health and the department of recre-
ation; also, subject to the city ordinances and general law, th§
control of all street and sewer work, th^" erection and repair of
buildings (except such as may be under the control l.o'f the board
of education, the library board or , the bpard of public utilities);
-'the control of all wharves, docks, quays ^,nd waterfront property
belonging to or under the control of the c; ty, and the development
thereof. It shall embrace all .other execi
functions of the city government not oth

ARTICLE VII.

- ■ " j CITY MANAGE .

SEC,3^The council shall	He

'need riof"b?a^	lilt! torife c/£-

his appointment His salary shall.be ®ed. by the'council, but
shall not be less than three thousand dollars per annum. He
shall hold office until removed by a four-fifths vote of the whole
council.	: j ; ... ; ' ' j V, \	r; 1 'j

SEC. 2. His po^er£ and duties shall be:

One. tfo see that all ordinances of the city are enforced;

Two] To appoint, except as otherwise provided in this char-
ter, all heads of departments* subordinate officials and employees
in the department of administration, and to remove the same;

Three. To exercise general supervision and discretion ov$r
all persons, firms, companies and corporations owning, controlling
dr operating public utilities within the city limits, in so far as
any of them are Subject to municipal control. This provision is
subject to other charter provisions relative to surch public utili-
ties as how are or may hereafter be owned by the city;

Four. " To keep! the! council fully • informed as to compliance
With the law in the operation of public utilities within the city
limits; to see that the provisions of franchises, permits and priv-
ileges granted-by the mty are fully observed, and to report to
the council any violation thereof;

Five. BOARD OF SOCIAL SERVICE. To appoint a board
of social service, which shall, under him, have charge of all mat-
ters pertaining to the care and relief of the needy, the establish-
ment of employment bureaus, day nurseries and the like. Said
board shall, Under the city irianager, hajre; charge of the expendi-
ture of the relief fund provided; by the counciL It onay receive
and disburse gifts from private individu lis and from institutions.
Its members shall $erve without compen lationj	• v ;

- ' Six. To a£t as purchasing agent for all departments of
the pitv except time. jc>£ .edncjitijai*«^Bu^

those departments lie shall Assist in nu

quested to dof so by the respective boarc £ in control thereof;

king purchases when re-

- unless ex-

the council
mayor;

be examined, without

: Seven. ; To attend all meetings of
cused therefrom by the council or by th
Eight. To examine or cause to
notice, the conduct of any officer or! em slbyee in the department
of adriunistratioh; .. ; ]■ , . | ;j.; • • =

. .Nine. To keep the council advised as, to the :needs of
the city; .	.	; ,

Ten! To appoint a Secretary, whos^e compensation shall
be fixed ;by the council;	!	:

Eleven. To prepare or cause to be prepared, plans, speci-
fications, etc., for work which the council may order, coming
under his supervision; •	# .

Twelve. To have control, subject to such grdinanees as
may from time to time be adopted, of all public utilities owned
and operated by the city and notrby this) charter assigned to other
control;	' ,

Thirteen. To devote his entire time to "the interests o£ the
city; : L	"	:!i

:>oarcls of1 such number of
with him and assist him

be subject to the control

Fourteen. He may appoint advisory
members as he may deem best, to confer
in his management.

SEC. 3. The city ihanager shall not
or influence of the councilor, of any member thereof, in the; ap,-
pointment of any subordinate,, or in th^ making of purchases.

SEC. 4. In the absence or disability of the city manager the
council shall fill the vacancy by temporary appointment.

SEC. 5. CITY ENGINEER. The cij

city	imwK'i, wlio lids

his profession not less than five years, lie shaE,devote his whqle

time to the work of the city, under the c

y maiiager shall appoint

irection of the qity, .man-

ager. He may be directed by the city ijianager to work for pri-
vate parties inside the city limits. Bi Is therefor shall be ren-
dered by the city managerand the fees collected shall be paid
into the city treasury, accompanied by a statement of the serv-
ices rendered. The city engineer shall dc no private work outside
the city. The city manager may appoint a street superintendent,
and may combine in one appointment the offices of street superin-
tendent and city engineer.

SEC. 6. The city engineer shall possess the same power in
making surveys, plats and certificates as is given by law to city
engineers and to county surveyors. H3 shall be the custodian
of and shall be responsible for all maps, |>lans, profiles, field notes
and other records and memoranda belonging to the city and per-
taining to his office and to the work there of; all of which he shall
keep in proper order and condition, with
shall turn over the same to his successor,

cate receipts therefor, one of which he sh aU file with the auditor

full indexes thereof, and
taking from him dupli-

All maps, plans, profiles, field notes, est
randa of surveys and other professional
him or under his direction or control, dur

mates and other memo-
work made or done by
ing his term of office, or

that he may have received from his predecessor, shall remain the

property of the city,

SEC. 7. DEPARTMENT OF SAFETY. The department of
safety shall include the police and fire departments, and shall
be under the control of the city manager, subject to the provisions
of Section 7, Article II of this charter.

SEC. 8. POLICE DEPARTMENT. The city manager shall
appoint a chief of police. He shall (a) appoint and. remove all
subordinates in the police department, subject to the provision
hereafter stated; (b) make rules and regulations for the govern-
ment of the police department; (c) prescribe tests for examina-
tion as to fitness of applicants for positions in the police depart-
ment. All appointments to the police department shall be made
after competitive examination.

SEC. 9. FIRE DEPARTMENT. The city manager shall ap-
point ^ chief oi; the fire department, and shall (a) appoint and
remove all subordinates in the fire department, subject to the pro-
vision hereafter stated; (b) make rules and regulations for the
government of the fire department. All appointments to the fire
department shall be made after competitive examination.

SEC. 10. Any charge brought by the city manager against a
member of the police department or fire department who has been
in the service of the tcity for five years at the time of the taking
effect of this charter, which charge, if sustained, would warrant
dismissal, shall be heard and determined by a board to be known
as the police and fire board. Said board shall consist of the
mayor, the police judge and the city attorney. A majority vote
shall control. Any charge involving a penalty "less iha.h
shall be determined by the city manager.

ARTICLE VIII.

: DEPARTMENT OF HEALTH. —

SEC. 1. HEALTH OFFICER. The city manager shall
appoint a .health officer who may also be the city physician, and
shall, hold office during the pleasure of the city manager; He
shall have the degree of Doctor of Medicine, and shall' hold a li-
cense to practice medicine in the state of California. He shall
hate practiced medicine for at least five years.

SEQ. 2. As health officer he shall have all the powers and
shall be subject to all the duties conferred on boards of health
and on health officers by the general laws of the state, and shall
have such Other powers and duties as may be conferred by ordi-
nance.

SEC. 3. CITY PHYSICIAN, As city physician he shall
attend free of charge, when called upon, the injured and the
indigent sick in the city. He shall have charge of any receiving
hospital or dispensary established for the treatment of emergency
cases and the sick poor.

SEC. 4. He shall have the power of removal of all appointees
of the health department.

SEC. 5. He shall have power to appoint and prescribe the du-
ties of such subordinates as are necessary to the efficiency of the
depai?tinent, including a veterinarian and a sanitary and plumb-
ing inspector. .

SEC. 6. He may, with the written consent of the city man-
ager, appoint also, one or more physicians, emergency
surgeons, bacteriologists, chemists, food and market inspectors,

and a clerk of the dep^rTment, ~ari3. may prescribe and direct
their duties.

ARTICLE IX.

DEPARTMENT OF RECREATION

SEC. 1. The city manager shall have supervision, direc-
tion and control of all playgrounds and recreation centers, and
of all games, recreation, athletic sports and physical; : exercises
that now are or shall be permitted to be conducted in any of the
playgrounds or recreation centers of the city.

SEC. 2. He is empowered to employ all necessary supervisors
and assistants, to discharge them, and to adopt rules and regula-
tions for the conduct of the department.

SEC. 3. He shall keep a record of all proceedings,relative
to the playground activities, and shall make to the council, on or
before the second Monday in May of each year, a report in writ-
ing thereof, and an itemized statement of expenditures during the
preceding year, embodying recommendations for the development,
control and use of playgrounds and recreation centers.

ARTICLE X.	; .

DEPARTMENT OF PUBLIC UTILITIES.

SEC. 1. There is hereby created a board of public utili-
ties, which shall control ' the construction, operation, main-
tenance and funds of all utilities from which income is derivable,
which now are or may hereafter be owned by the city.

SEC. 2. The city manager shall be one member. The other
two members shall be either civil, mechanical or electrical ien-
gineers. They shall be appointed by the mayor and shall hold
office for four years. Their terms of office shall alternate so that
one shall go out every two years. The two first appointed shall
decide their terms by lot so that one shall hold for two years and
one for four years. They shall serve without compensation.

SEC. 3. The board shall organize by electing a president and
appointing a secretary. = Two shall constitute a quorum. They
shall h^ld regular ineetings once a month, and shall hold such
other meetings as. they may determine.

SEC. 4. The, treasurer shall keep the fund of each utility
separate. Any surplus to the limit of fifteen per cent of the book
value of any utility may be invested by direction of the board in
bonds of the City of Alameda, or in state, county or municipal
bonds of this state, or may be transferred to the general fund of
the city.

SEC. 5. The books of each utility shall be kept in such form
as is required by state regulation governing public utilities, and a
monthly report in detail shall be made to the council.

SEC. 6. Subject to other provisions of this charter the board
of public utilities shall have power:

One. To fix rates for service;

Two. To buy and sell materials and supplies incidental to the
operation of each utility;

Three. To employ, fix the compensation of and discharge em-
ployees ;

Four. To do work for other departments of the city at cost.SEC. 7. On or before the second Monday in May of each year
the board shall prepare and submit to the council an estimate of
income and expenditure of each utility for the coming fiscal year.

SEC. 8. AH money collected shall be deposited with the
treasurer as soon as practicable. Demands on any fund shall be
signed by the president and secretary of the board.

SEC. 9. Purchases or contracts exceeding one thousand dol-
lars in amount shall be advertised by the board a,nd shall be
awarded to the lowest responsible bidder, unless all bids are re-
jected.

SEC. 10. The board shall control the generation, purchase,
distribution and sale of electrical energy, and shall also control
all allied activities, such as electrical inspection, fire alarm and
police telegraph and telephone system, which are or may be oper-
ated by the city. It shall also control the sale and distribution of
water, gas and the product of any commodity acquired by pur-
chase of the serviefe of any person or corporation supplying a
public utility.

SEC. 11. The board sha^l have power to enter into a con-
tract for a term not to exceed five years, for the purchase of wa-
ter-gas or electrical energy, or for the purchase of the service of
any public utility. No such contract shall be valid unless rati-
fied by ordinance. The distribution of the commodity so acquired
shall be subject to the provisions of this article. Such contract
shall not be subject to the provisions of Section 22, Article IY.
Such ordinance shall not take effect until sixty days after its
adoption._

v	! ? ARTICLE XI.

ELECTIONS.,

Chapter I—General Elections.

SEC. 1. General municipal elections shall be held on the
second Tuesday in March in each odd numbered year. The first
election under this charter shall be held on the second Tuesday in
March, 1917.

SEC. 2. ' Elections shall be held and conducted as nearly as
may be, in accordance with the provisions of the election laws of
the state, except as hetein ptherjyise provided.

SEC. 3. TERMS OP iELECIIVE OFFICERS. Elective offi-
cers shall hold office for a period of lour >years from and after
eight o'clock p. m. of the third Monday of April following the
day of election, and until their successors are elected and quali-
fied.

.. $EC. 4. In the election of councilmen after the first general
municipal election, where fujl terms and one or more unexpired
terms arS to.be filled, the person or persons elected by the highest
number of vbtfes shall be elected for the full term, and the person
or persons receiving ^the next highest ^ote shall be elected for
the short term or terms,-as? the case may be.

SEC. 5. NOMINATING PETITIONS. The mode of nomina-
tion and election of officers to be voted for at any general munic-
ipal election shall be as follows:	• W ; * >

Not later than thirty days and not earlier than sixty days be-
fore any general municipal election, electors of the city may, by
written petition, present names of candidates for election. The
signatures to said petition need not be appended to one paper,
but each signer shall add to his signature his place of residence*
giving street and number when such designation can be given.

I

meixts therein are true, and that each signature is the genuine
signature of the person whose name purports to be thereto sub-
scribed.

Each candidate shall be proposed by not less than fifty quali-
fied electors of the city. No more than one candidate may be
named in any one petition, and ho person may sign more than
one petition for a candidate for any one office.

SEC. -6. Such petition shall be presented to the city clerk,
and if kceompanied by the Written acceptance of the nominee,
shall be filed by the clerk. He shall immediately examine the
great register, and therefrom shall ascertain whether such petition
is signed by the requisite number of qualified electors. He shall,
within five days, attach his certificate to said petition, showing the
result of his examination.

SEC. 7. WITHDRAWAL. Any candidate may withdraw by
filing with the city clerk, before the publication hereinafter pro-
vided, a verified statement of his desire to withdraw; and on re-
ceipt thereof the city clerk shall strike his name from the list of
candidates.

SEC. 8. ELECTION PROCLAMATION. Immediately after
the closing of nominations the city clerk shall enter the names
of the candidates in a list, with the offices to be filled, and not
later than twenty days before the day of election shall certify
to such list, and shall, at least ten days before the election, cause
to be published three times in the official paper, a proclamation
calling the election. Said proclamation shall contain a statement
of the time of the election, the offices to be filled, and the names
of the candidates, and shall be signed by the mayor and attested
by the city clerk.

SEC. 9. FORM OF BALLOT. All ballots shall be substan-
tially in the following form:

--(OR	SLUO'llON,! W'

ALAMEDA.

(Insert date thereof.)

INSTRUCTION TO VOTERS. To vote, stamp a cross (X)
opposite the-name of the candidate for whom you desire to vote.
Vote your first choice in the first column, your second choice in
the second column and your third choice in the third column.
Vote only one choice for any cine candidate, as only one choice
Will cotint. Any mark placed on this ballot for the pur-
pose of identification will make the ballot void. If you wrongly
maris, tear or deface this ballot, return it and obtain another.

SEC. 10. ARRANGEMENT OF BALLOTS. The ballots shall
be arranged with proper headings above each office or classification
df offices, Showing the number to be voted for, for each
office or classification, and the names of the candidates,
Arranged in alphabetical order, with three voting squares opposite
each name, designated "first choice," "second choice" and "third
choice," and with blank line or lines below the printed names of
candidates for each office to*be voted for equal to the number to
be voted for, wherein the voter may write the name of any person
or |piersb.5s'-fpri Wjiqin he may wish Jtojyotiei stamping a cross (X)

■' :	^ ' ' \ ^ 7	1 ■ \ ' ' ; *1.' \ ' i * < * } ■.	j

opposite the name, as herein provided. If there are charter
amendments or other questions to be voted upon, a column
therefor shall be provided On the right hand side of the ballot.

SEC. 11. SAMPLE BALLOTS. At least five days imme-
diately preceding any municipal election the clerk shall mail to
each registered voter a sample ballot, and nothing unofficial shall
be mailed therewith. •

SEC. 12. PREFERENTIAL VOTING. Voting for elective
offices shall be by the preferential system, that is to say: for each
office to be filled at any election the voter may designate one first,
one second and one third choice, by stamping a cross (X) in the
square provided.

SEC. 13. COUNTING BALLOTS. In counting ballots, the
first, second and third" choices for each candidate shall be sep-
arately tallied and accredited to the candidates receiving them.

SEC. 14. REJECTING BALLOTS. Should any elector ex-
press any of said choices, for more candidates than there are offices
to be filled in that particular classification, said choices shall not
be counted; and should he express more than one of said choices
for any one candidate, billy the first shall be counted.

SEC. 15. CANVASfe OF RETURNS. The council, at its next
regular meeting followi: ^g the election, shall canvass the returns.
The candidate receiving lthe highest number of first choice votes,

VERIFICATION DEPUTY'S AFFIDAVIT.

...................... being duly sworn, deposes and says: I

am the person sworn as a verification deputy. I have personally
circulated the above petition. I have not prevented any person
from signing this petition either for or against the recall. All
the signatures appended were subscribed in my presence. To
the best of my knowledge and belief the signatures are the true
names and signatures of the persons signing; and no signature
has been erased, changed or defaced.

(Signed) ..............................

Verification Deputy.

Subscribed and sworn to before me this ........ day of

.................... 191......

if such votes constitute a
under that classification'
date shall have received

majority of all ballots cast for candidates
' shall be declared elected. If no candi-
majority of first choice votes, a, canvass
shall be made of the second choice votes, which shall be added
to the first ch^i^jyptesjarid the candidate having received the
lar g'e^Mimber_i>f^^	i u1

jority, shall be declareij| elected. If after adding the first and
second choice votes no flfa-ndidate shall be found to have a ma-
jority, then the third choibe votes of each candidate shall be added
to his first and second ehoice votes, and the candidate having
received the highest number of votes shall be declared elected.

SEC. 16. TIE VOTES. A tie between two or more candidates
shall be decided in favor of the one having the highest number of
first choice votes. If they,are equal, the highest number of second
choice votes shall determine. If there still be a tie, it shall be
decided by lot, under the direction of the council.

SEC. 17. PUBLICITY OF QUALIFICATIONS. At least
fifteen days before the day of election each candidate may deliver
at his own cost to the city clerk a verified statement with printed
copies thereof equal to ifie number of qualified electors. Each
copy shall be printed on white paper four inches wide by nine
inches long, and shall have the candidate's photo-engraving
printed thereon, followed by his name, the office for which he is
a candidate, and a statement as to his residence, place of birth,
present occupation, and what public office he has held, and whether
he is a taxpayer in the City of Alameda. He may give such other
information regarding his experience and qualifications as might
enable the electors to estimate his fitness to fill the office. Such
statement shall also contain the names of not more than twenty
residents of the City of Alameda to whom he refers. One copy
of such statement shall be mailed to each qualified elector, with
the sample ballot.	/	-	,

Chapter II—Recall.

SEC. 18. Every incumt
held office for six monthi
SEC. 19. AFFIDAVr
for a recall is circulated

ent of an elective office who shall have
shall be subject to removal by recall.
FOR RECALL. Before any petition
or signatures, an affidavit in duplicate

Notary Public.

SEC. 23. VERIFICATION DEPUTIES. Any qualified elec-
tor desiring to circulate recall petitions shall apply to the city
clerk and may by him be sworn as a verification deputy. On de-
livery of printed blanks to the verification deputies the city clerk
shall take receipts therefor, each receipt to specify the consecutive
numbers of said blanks. Each verification deputy must make oath
that he will not make untruthful or misleading statements con-
cerning the proposed recall, or prevent or hinder any person
from signing said petition, either for or against the recall; that

the same to be done by others, in soliciting signatures either for
or against the recall. On return of the signed petitions to the
city clerk each verification deputy shall make affidavit to each
section of the petition circulated by him.

SEC. 24. It shall be unlawful for any officer or employee of the
city to sign or circulate or cause to be signed or circulated, any
petition, either for or against a recall.

SEC. 25. PENALTY. Any verification deputy who shall
violate any of the provisions of this chapter or who shall fail to
return to the city clerk within fifty days after the filing of the
affidavit provided for in Section 19 of this chapter, any of the
petition blanks received by him, shall be guilty of a misdemeanor.

SEC. 26. No petition for a recall shall be received by the city
clerk later than fifty days after the filing of the affidavit provided
for in Section 19 of this chapter.

SEC. 27. CITY CLERK'S CERTIFICATE. The city clerk
shall endorse upon such petitions the date of filing in his office.
He shall immediately commence an examination of said petitions
to ascertain whether they are signed by the requisite number of
qualified electors, and whether they conform in every particular
to the requirements of this chapter. At the ho\ir of five o^lock
in the afternoon of the tenth day after the expiration of the
fifty day period provided for in Section 25 of this chapter he
shall attach to such petitions his certificate showing the result
of his examination, which shall be conclusive. He shall endorse
his finding on said petitions and shall present the same to the
council at its next regular meeting.

SEC. 28. WITHDRAWAL OF SIGNATURES. Any signer
of a petition for recall may file with the city clerk a verified
revocation of his signature. If said revocation is filed with the
city clerk before the petition is certified to by him, he shall cancel
such signature.

the city clerk, who shall ;

the officer sought to be r< (called, or send one by registered mail

addressed to him at his
a statement of not more
intention to circulate a re
proposed recall, and the

t once deliver one of such affidavits to

esidence. Such affidavit shall contain
han two hundred words, declaring the
all petition, giving the reasons for the
names and addresses of the elector or
electors proposing such recall. The elector or electors making
such affidavit shall pay in advance to the city clerk a fee of
twenty-five dollars to covefr costs of printing blanks and other in-
cidental expenses. The officer whose recall is sought shall have
five days after the filing and serving of such affidavit in which to
file in duplicate with the city clerk his answer of not to exceed
two hundred words.

SEC. 20. PRINTED BLANKS. The city clerk shaH within
ten days after the filing of such answer, cause to be printed as may
be necessary, Jblank petitions in the form hereafter provided,
numbered Consecutively. Such blanks shall be delivered to veri-
fication deputies upon payment of one cent each.

SEC. 21. PETITION FOR RECALL. A petition or petitions
signed by qualified electors requesting the calling of a special
election to determine whether or not the said incumbent of an
elective office shall be removed from office by recall, shall be ad-

presented to the city clerk. The form
permit the elector to express his or her
Lst the recall, and everything pertaining
signing,, etc. of the same must conform
nafter provided.

)f petitions shall be as follows:

dressed to the council anc
of the recall petition shall
opinion either for or agah
to the circulation, filing,
to the requirements herei
SEC. 22. The form
No............

TO THE COUNCIL OF THE CITV OF ALAMEDA
PETITION F( >R OR AGAINST RECALL

full; printed in 12 pt. blackface iype'}!^
black-face type).

Of.. r.t.7.. .(Name in1

As............(Give name of office in 12 pt

Reasons for recall.

(Here insert reasons
Reasons against reca
(Here insert reasons
I, the undersigned, certi

the foregoing reasons bot
and have signed below in

contained in affidavit for recall.)

1.

against recall, as contained in answer),
fy that I am a qualified elector of the

City of Alameda, State of California; that I have carefully read

i for and against the recall of said officer
accordance with my convictions; that I

am not at this time a signer of any other like petition;

That I

Favor the recall of

......(name of officer)

(name to be in 12 pt.

face type.)
and petition the council
with to submit the ques
vote of the electors.
(Signed) ...........

Address ............

(Nine additional line
addresses. )

black-

forth-
tion to

That I am

Against the recall of

..... (name of officer) .....

(Name to be in 12 pt. black-
face type.)
and oppose the submission of
the question to the vote of the
electors.

(Signed) ....................

■ Address,;.......... ... ? .;

and

(Nine additional
addresses),

lines and

""" ' SEC!" "29. "lSECALE~T!nSECTION.~^^^

is sought shall not have resigned within five days after the filing
of the petition, and if the petition favoring the recall shall con-
tain the signatures of qualified electors equal in number to ten
per cent of the highest vote cast for a councilman at the last pre-
ceding general municipal election, in excess of the signatures of
qualified electors opposed to the recall as certified by the city
clerk, the council shall cause a special election to be held
not less than forty days nor more than sixty days after the filing
of said petition, to determine such recall. If a municipal election
is to occur within sixty days after the filing of said petition, the
council may postpone the holding of the recall election to such
municipal election.

SEC. 30. RECALL BALLOTS. Upon both the sample and
official ballots there shall be printed the reasons for and against
the recall, as set forth in the petition.

SEC. 31. The ballots shall be provided with squares opposite
"Yes" and "No," in which the voter may stamp a cross (X)
indicating his vote. The ballots shall read :

( Yes." Q

"Shall ........ (naming the officer) be recalled? J

I No." □

. SEC. 32. The city clerk shall name three disinterested elec-
tors who shall act as a canvassing board to canvass the returns of
said election, and who shall declare the result thereof. Before
entering upon his duties, each member of the canvassing
board shall take the constitutional oath of office.

SEC. 33. If a majority voting on the recall shall vote in favor
of such recall, said officer shall thereupon be deemed removed
from officie, and his incumbency shall terminate upon the declara-
tion of the result of said election by the canvassing board.

- ^SgCL34..The mayor shall appoint a successor to the j^fficer
removed, who shall hold until the next general municipal election.
If the officer recalled be the mayor, the remaining councilmen
shall appoint his successor.

SEC. 35. If a majority of the council be simultaneously re-
called, a board consisting of the police judge, the auditor and the
treasurer shall appoint their successors, who shall serve until the
next general municipal election.

SEC. 36. RECOUNT. In case of a recount of votes taken
at a recall election, the law of the state controlling general elec-
tions shall govern.

ARTICLE XII.

ALCOHOLIC LIQUORS.

SEC. 1. It shall be unlawful for any person, firm or corpora-
tion to establish, open, keep, maintain or carry on within the
City of Alameda any saloon, bar, store, dramshop, tippling place,
stand or any place where spirituous, malt or fermented liquors
or wines or any admixture thereof, are sold or given away, or for
any person, firm or corporation (except as hereinafter povided)
to sell or barter or give away within the limits of the city any
spiritous, malt or fermented liquors or wines or any admixture
thereof, wjthOut ha^ngvpiermis^ion pursuant Ho am ordinance of
the council or electors, as provided in this article. The provisions
of this article shall not apply to the sale or dispensing of the said
liquors, or any of them, by a regularly and duly licensed pharrna-

cist, in the course of his business as a druggist, for medicinal pur-
poses, at his drug store, when the same are sold or dispensed
upon a prescription of a duly and regularly licensed physician.
Violation of any of the provisions of this section shall constitute
a misdemeanor.	a

SEC. 2. .Subject to the provisions of this charter the council
shall have power? by ordinance to impose all license taxes for,
to require bonds, * to pontine y^ithiitj. the; limits of time and place
and to otherwise reguMe thfe Celling and giving away of any
spirituous, malted qr fermented liquors or wines or any admixture
thereof,	,,' \ 1 !\

Provided, that the council shall not have^power to grant more
than twenty of the licenses or permits specified in this article to
be in force at any one time. The licenses granted shall be num-
bered consecutively from 1 to 20, and not more than one license
bearing any one number from 1 to 20, inclusive, shall be valid at
one time.

SEC. 3. No license provided for in this article shall be granted
for a sum less than five hundred dollars per annum, payable
quarterly in advance.

SEC. 4. No remission of any such license shall be made during
the period for which it is granted, and the bonds required to be
given by keepers or proprietors of saloons or drinking houses

.......at less than que,, thousand dpllars, ^

\ SEC. 5. No license'issued under the provisions of this article
shall be assignable or transferable without the consent of the
council, endorsed thereon, such consent being evidenced by reso-
lution, and only to such person, firm or corporation as may have
filed a bond as heretofore provided, and complied in all other re-
spects with such preliminary requirements as are provided by
law.

Provided, that in case any licensee is charged with violation
of the provisions of this article or of any ordinance imposing
restrictions on his conduct as such licensee, which charge or
charges result in an investigation by the council or by- any court
or o.ther body authorized by law to conduct such investigation,
then during Sfiich investigation or during a trial upon such charge
or charges, aM! also after conviction, if the same shall follow, no
transfer of said license shall be granted.

SEC. 6. Upon sufficient c&use being shown or proof furnished
to the council that any person, firm or corporation holding a
license under the provisions of this article has violated any of the
provisions thereof, or of any ordinance of the city relative to the
sale of liquors, the council shall, upon notice being given to the
person, firm or corporation so licensed, revoke such permission,
;cancel the license and declare the bonjd forfeited. Any license
shall be revoked ipso facto by judgment of conviction of the
holder thereof of a felony or of the violation of any of the pro-
visions of any ordinance by this article authorized.

SEC. 7. No license shall be issued entitling the licensee to
carry o% the business ^licensed at more than one place. Each
licensee shall at all times keep his license posted in a conspicuous
place in his saloon or place of making sales thereunder, so that
the license shall at all times be easy to read by any person entering
said place.

__ SEC. 8. No liaense shall be required for the purpose of selling

liquors at wholesale to any retail dealer in this city who holds a
license under the provisions of this article.

ARTICLE XIII.

FRANCHISES.

SEC. 1. FRANCHISES TO USE STREETS. Every franchise,
permit or privilege for the purposes hereinafter enumerated in
this section shall, except as otherwise provided in the constitution
of the State of California, be granted by ordinance upon the con-
dition specified in this article, and not otherwise.

One. Every franchise, permit or privilege to construct or
maintain or operate a street railroad, a suburban railroad, or an
interurban railroad along, upon, over, in, under or across any
street, lane, ally, court, highway, road, park or other public place
in the City of Alameda. ,

Two. Every franchise, permit or privilege to lay or maintain
or operate pipes or conduits along, upon, in, under or across any
street, lane, ally, court, highway, road, park or other public place
in the City of Alameda for the purpose of transmitting electrical
energy, water, gas, steam, oil, air or other substances.

Three. Every franchise, permit or privilege to erect, maintain
or operate poles or to string wires along, upon, over, under, in or
across any street, lane, ally, court, highway, road, park or other
public place in the City of Alameda, for the purpose of transmit-
ting electrical energy.

SEC. 2. GRANTING NEW FRANCHISES. New franchises
may be grafted by the council by ordinance, to the person, firm
or corporation bidding therefor the highest percentage of the net
annual revenue received from the use, operation or possession of
said franchise, fixed as herein provided. Upon receipt of a
written application from any person, accompanied by a cash
deposit or certified check sufficient to pay the cost of jucL.

VWMse for' sate~ the franchise
referred to in said application, said advertisement to be pub-
lished for at least five days in the official newspaper, describing
the nature of said proposed franchise and the conditions thereof,
and giving the date when said franchise will be offered for
sale in open council to the person, firm or corporation offering
to pay the city the highest percentage of net receipts, fixed as
herein provided, which percentage shall not be less than fifty-five
per cent. Any responsible person, firm or corporation may appear
at said sale and may raise the bid of any other bidder, not less
than one per cent, until said franchise is finally sold by the council
to the person, firm or corporation offering the highest percentage
of the net receipts;

Provided, that the council may in its discretion reject any and
all bids, and may withdraw said franchise from sale or advertise
for new bids. Every bidder, before his bid shall be received,
must file with the city clerk a certified check or make a cash de-
posit in an amount sufficient to pay the cost of the advertisement
. herein provided for. The deposit of the successful bidder, or so
much thereof as may be necessary, shall be used to pay the cost of
said advertisement, and all other deposits shall be returned upon
tfy? acceptance by the council of any: bid, or upon the-rejection of
allbifts.* j i' - ?i;U'! j"iV '• f .? j>: K' pvi'! =
SEC. 3. GRANTING RE-SETTLEMENT FRANCHISES. Re-
settlement franchises may be granted by the council by ordinance,

subject to the approval of a majority of the electors of the city
voting thereon at a general or special election called and con-
ducted as provided by law for other municipal elections, upon ap-
plication therefor made within three years from the date of the
taking effect of this charter, by toy person, firm or corporation
actually engaged in operating a pubjic utility in the City of Ala-
meda at theHime this charter becomes effective. Any re-settle-
ment franchise shall provide for the surrender of any or all of the
franchises owned or claimed by the grantee of such re-settlement
franchise and for the acceptance in lieu thereof of the rights and
privileges granted in the re-settlement franchise for the continued
operation of such utility vwithin the limits of the city, or such por-
tions thereof as had theretofore been operated under the fran-
chises so surrendered. It shall also provide that new franchises
granted to the holder of any re-settlement franchise shall be
considered as a part of the re-settlement franchise, and that the
council may by ordinance grant to the holder of such re-settle-
ment franchise the right to make extensions of appliances and ser-
vice, which said extensions shall ber subject to all the obligations
and conditions of such re-settlemeilt franchise. Every re-settle-
ment franchise shall provide for (the payment by the grantee
thereof to the city of at least fifty-five per cent of the net annual
revenue of said grantee, determined as in this charter provided.

SEC. 4. NEW AND RE-SETTLEMENT FRANCHISES; VAL-

T*-A\n r|%f	nap^ pfopertv of the franchise

grantee, used or useful, or in the judgment of the council prospect-
ively useful, in the operation of thetatility for which said franchise
is granted, and owned by the granjtee at the time of the granting
. of such franchise, shall be fixed by the Railroad Commission of the
State of California, or its successor in interest, said valuation thus
fixed to be set forth in the franchise ordinance. To this valuation
shall be added the cost of all additions, extensions and better-
ments, and from this valuation shall be deducted the value of
property sold or abandoned, and a depreciation fixed and de-
termined as in the franchise provided. The valuation to which
said additions have been made and from which said deductions
have been made shall be the valuation upon which the six per
cent interest herein provided for shall be computed, and the val-
uation at which said property can be acquired by the city, or by a
third person, firm or corporation to which the right is assigned
by the city.

FRANCHISES FOR INDETERMINATE PERIOD; PUBLIC
OWNERSHIP. (2) Every franchise shall be granted for an in-
determinate period, subject always to the right of the city at
any time, and upon six months' notice in writing, to acquire and
possess the property of the grantee, or to assign to a- third person,
firm or corporation its right to acquire and possess.

ASUMPTION OF BONDED INDEBTEDNESS. (3) Every
franchise may provide that, when purchasing the property of the
grantee, the city, if and when permitted by the constitution of

5 the obligation of such grantee
outstanding against said prop-
par value the valuation of the

the state of California, may assum
for the payment of the bonds then
erty, not exceeding in aggregate
property thus purchased, and in g uch case the par value of such
bonds shall Be deducted from the valuation of said property, and
the excess, if any, of such valuati >n over such par value shall be
^t"h(T^ufcEase	aid	ciiy. XLLW-

iiiijec

such purchase the bonds so assuiijed shall no longer be a lien ex-

clusively upon the franchise or pr
may be secured by the general ere

a fixed percentage of the gross earnings of such utility, or other-

wise, as may be provided in such

perty of the utility as such, but
lit of the city, or by a lien upon

ranchise.

DETERMINATION OF NET REVENUE. (4) The annual net
reveue upon which the city's percentage is computed shall be
determined by deducting from the annual gross» revenue all oper-
ating and maintenance costs, taxes, insurance and depreciation as
provided in the franchise, and six per cent interest on the valua-
tion of the property used and useful or determined in the franchise
to be of prospective usefulness in the public service, such valuation
being the valuation fixed by the Railroad Commission of the
state of California, and to which additions have been made and
from which deductions have been made as herein provided.

AMENDMENT OF FRANCHISE. (5) Any franchise may be
amended by ordinance passed by tjhe council, approved by vote of
the electors as herein provided, land accepted by the franchise
grantee; but if the amendment is of a re-settlement franchise, it
shall not ^become effective until approved by the electors in the
same manner as the original re-settlement franchise.

BOARD OF CONTROL. (6) Any franchise may provide for a
board of control to consist of two competent and experienced men,
one to be selected by the council jand one by the grantee of said
franchise, with such powers and d ities as may be provided in the
franchise, all disagreements betw( en the two to be decided by an

arbiter appointed for that purposj
in such franchise.
% ADDITIONAL POWERS. (7)

franchise shall have power to imp<

consistent with this charter, in e
^ turns iie^fn uprovidle JFor, and shajj. hajg^u^h other powers
hereunder as may be proper and n 3cessary in the* preparation, en-
actment, and the carrying out of he terms of any franchise.

APPLICATION TO RE-SETTIEMENT FRANCHISES. (8).
The provisions of this section sh111 apply to re-settlement fran-
chises as well as to new franchises.

ARTICLE

MISCELLA
SEC. 1. All general laws of it

in a manner to be determined

The council in granting any
se terms and conditions not in-

XIV.

sFEOUS.

state applicable to municipal

corporations, now or hereafter enacted, and which are not in
conflict with the provisions of this

charter or with ordinances or
be applicable to the city,
er the word "city" occurs, it
every department, board or
d, means a department, board

resolutions hereafter enacted, shall
SEC. 2. Whenever in this chart
means the City of Alameda; and
officer, whenever either is mention
or officer, as the case may be, of tlie City of Alameda.

SEC. 3. The fiscal year shall be gin with the first day of July
and end with the last day of June of each year.

SEC. 4. The compensation of elected officers shall not be in-
creased or diminished during the tqrms of their respective offices.

;:SE(1 5if If: any: .officer -i of j the #ijtijr-- shall .reiiave froiii the: city

or absent himself * therefrom for no
utively, without the permission of th
ify by taking the oath of office anc

ore than thirty days consee-
e council, or shall fail to qual-
filing his official bond when-

ever such bond is required, within fifteen days from the time
his certificate of election or appointment is mailed or delivered to
him, or shall resign, or be convicted of a felony, or be adjudged
insane, his office shall be vacant.

SEC. 6. The mayor shall have the power to fill vacancies except
as this charter otherwise provides. Such appointee shall hold for
the unexpired term and until the election or appointment and
qualification of a successor.	?

* SEC. 7. The improvement, widening and opening of streets,
the planting of trees, and all matters not specified in this charter,
shall be done, and assessments therefor levied, in conformity
with and under the authority conferred by general law.

SEC. 8. The mayor, the auditor and the city manager shall to-
gether count the money in the. treasury at least once in three
months, and see if the amount on hand tallies with the amount
that should be in said treasury as shown by the books of the
city, and they shall make a written report thereof to the council
within five days thereafter.

SEC. 9. All officers and boards shall deliver to their successors
all papers, books, documents, records, archives and other proper-
ties pertaining to their respective offices or departments, in their
possession or under their control.	.

SEC. 10. No member of the council, or of any board*, and ho
officer or employee of the city shall be or become directly or
rested in any contract, work or business, or in the
sale of any article, the expense, price or consideration oi
is payable from the city treasury, nor shall either or any of them
receive any gratuity or advantage from any contract or person
furnishing labor or material for the same; and any contract
with the city in which any such officer or employee is or becomes
interested may be declared void by the council.

SEC. 11. No officer or employee of the city shall give or
promise to give to any person, any portion of his compensation,
or any mon^y or thing of value in consideration of having been,
or of being nominated, appointed, voted for or elected to any
office or employment.

SEC. 12. No officer or employee shall accept any donation or
gratuity in money, or other thing of value, either directly or in-
directly, from any subordinate or employee, or from any one
under his charge, or from any candidate or applicant for any posi-
tion as employee or subordinate in any department of the city.

SEC. 13. No officer or employee of the city shall aid or assist
a bidder in securing a contract to furnish labor, material or sup-
plies at a higher price or rate than that proposed by any other
bidder, or shall favor one bidder over another, giving op with-
holding information, or shall willfully mislead any J)i$der,i i$^re-
gard to the character of the material or supplies!* called for, or
shall knowingly accept materials or supplies 'of a quality inferior
to that called for by the contract, = or ^hall knowingly certify to
a greater amount of laboi:<-performed than has actually been per-
formed, or to the receipt of a greater amount of material or sup-
plies than has actually been received.

SEC. 14. A violation of any provision of the four sections last
preceding shall cause a forfeiture of the office or employment.

SEC. 15. Every officer who shall willfully approve, allow or

pay—cCTTj—liein&rna? tin tiAr, iH	j—

be liable to the city individually and on his official bond for the
amount of the demand so approved, allowed or paid, and shall for-
feit such office and be forever disbarred and disqualified from
holding any position in the service of the city.

SEC. 16. All books and records of every office and department
shall be open to the inspection of any citizen during business
hours, subject to the proper rules and regulations for the efficient
conduct of the business of such department or office; but the
records of the police department shall not be subject to such in-
spection except by permission of the proper police authorities.

SEC. 17. Copies or extracts, duly certified, from said books
and records open for inspection, shall be given by the officer hav-
ing the same in custody to any person demanding the same and
ptaying or tendering ten cents per folio of one hundred words for
such copies or extracts, and the additional sum of twenty-five
cents for certifying.

SEC. 18. Unless otherwise provided for by law, all city officers
shall keep their offices open for the transaction of business con-
tinuously from 9 o'clock a. m. to 5 o'clock p. m. each day expect
Sundays and holidays.

SEC. 19. Every officer or board authorized by law to allow,
audit or certify demands upon the treasury, or to make official
investigation, shall have power to issue subpoenas, administer
oaths and affirmations and take testimony concerning any matter
relative thereto.

SEC. 20. Unless otherwise provided by this charter, any officer
or board authorized to appoint any deputy, clerk, assistant or em-
ployee, shall have the right to remove the person so appointed.
This right shall not apply to the removal of appointees on the sev-
eral boards which are vested with the management and conduct

of branches or departments of the government of the city.

SEC. 21. All ordinances and resolutions in force at the time
this charter takes effect, and not inconsistent therewith, shall
continue in full force until amended or repealed.

SEC. 22. All officers and employees, when this charter takes
effect, shall continue to hold and exercise their respective offices
or employment, under the terms of this charter, until the election
or appointment and qualification of their successors.

SEC. 23. The present council shall provide for the holding
of the first election of officers under this charter and shall canvass
the votes and declare the result thereof.

• SEC. 24. All vested rights of the city shall continue and shall
not in any manner be affected by the adoption of this charter, nor
shall any right, liability, pending suit or prosecution, either in
behalf of or against the city, be affected by the adoption of this
charter, unless otherwise herein expressly provided. All con-
tracts entered into by the city or for its benefit prior to the tak-
ing effect of this charter shall continue in full force and effect.
All public work begun prior to the taking effect of this charter
shall be continued and perfected hereunder. Public improve-
ments for which legislative steps shall have been taken under laws
in ifpree kt -the jtipiei this,:charter jtakes effect, nw be carried: to
completion in accordance with11 the provisions of such laws.

SEC. 25. No person who holds, or who is a candidate for any
national, state or county office shall hold or be eligible to an ap-paintment oil the' boa:rd of education, the library board or the
boar$ ; of public utilities. If any member of either one of said
boards shall become a candidate for, or shall *hold any national,
state or county office, or shall accept any appointment to a na-
tional, state or county office, excepting that of a notary public or
a member of the state militia, such act shall work a forfeiture of
his office, and the vacancy thereby created shall be filled as pro-
vided by this charter.	;	''	^

SEC. 26. No councilman shall in any manner attempt: to influ-
ence the city manager in the making of any appointment ;or in the
purchase of supplies. A violation of this provision shall work ,a
forfeiture of the office of the councilman.	• ;

SEC. 27. Any person, firm or corporation mdy attach the
salary or wages Qf any city official or employee for money justly
due.	. , ,

SEC. 28. If any section or part of a section of this charter
proves to be invalid, it shall not be held to invalidate or impair
the validity of any other section or part of a section, unless it
clearly appears that such other section or i part of a section is
dependent for its operation upon the section or part of a section
so held invalid. ' ?	* *	f j	J , r' I !

SEC. 29. For the purpose of holding and * conducting the elec-
tions provided for by Section \ of Article XI of this chapter, this
charter shall take effect from the time of the approval of the
same by the legislature; and for all other purpn^ this
"shall take effect at 8 o'clock p. m. on! the third Monday in April,

1917-. , ■	r ■, ,	: - i • , ,» ! I '

SEC. 30. When making purchases for all departments of tie
city, local merchants shall be given the preference, qtiality and
price being equal. r !	? i	!

SEC. 31. Neither the city manager, nor any person in the
employ of the city shall take any active part in securing, or
shall contribute money toward the nomination or election- of any
candidate for a municipal office.	■ . • ' ! •

city for their r^ti^cati^n fend adoption.
Dated, October 25th, 1916.

FRANK OTIS, President.

GEiO. L. DILLMAN, Vice-President.
BRAIN ARD C. BROWN, Secretary.
SMITH ANDERSON,

A. 0. GOTT,

t

frank w. hally,
P. jorgenson,

a. 1atham,

wm| tappan lum,

a. tj spence,

l. r| "weinmann,

geoj s. williams,

Freeholders of the City of Alameda.

, .4^

/

WHEREAS, the City of Alameda for years last past has been
and now is a city containing a population of more ithah three
thousand five hundred inhabitants, as ascertained by the last pre-
ceding census taken under the authority of * the congress of the
United States; and

WHEREAS, on the twenty-third day! of fey, 1916, at a special
election duly held on that day in said city, under and in accord-
ance with the provisions of Section 8 of Article XI of the con-
stitution of the state of California, the electors of said city did
duly choose and elect Smith Anderson, Brainard C. Brown, Geo.
L. Dillman, A. 0. Gott, Frank W. Hally, P. Jorgenson, E. A.
Larkin, A. Latham, Wm: Tappan Lum, Wynn Meredith, Frank
Otis, A. T. Spence, A. F. St. Sure, L. R. Weinmann, Geo. S. Will-
iams (who were all electors of said city and eligible as candidates
under said section) a board of fifteen freeholders to prepare and
propose a charter for the government of said city; and

WHEREAS, the result of said election was duly declared by
the legislative body, to wit: th& council, of said city on the 29th
day of May, 1916, and the 3&id electors thereafter duly qualified
.ftft foseholtos m aeepydaiMfe taw ?

WHEREAS, the period of one hundredand twenty days al-
lowed by law to prepare and propose said charter was, with the
consent of said council, duly extended sixty days to and including
the 25th day of November, 1916,

BE IT KNOWN, that in pursuance of the provisions of, said
constitution and within the period of one hundred and eighty
days after the result of said electidiii was so declared, the board
of freeholders has prepared and does now propose the foregoing
as and for the charter of the city of Alanieda; and

BE IT FURTHER KNOWN, that the said board of freeholders
hereby requests said council to cause the publication of the said
proposed charter as provided by said Section 8 of Article XI and
fixes Tuesday, the 9th day of January, 1917, as the date for
holding a-special 'municipdl ; election in said city, at which the
proposed^ charter shall be submitted to the electors of said city
for their ratification and adoption.

IN WITNESS WHEREOF, we the .undersigned freeholders
hav^ hereunto set our hands at the city of Alameda in the state
of California, this 25th day of October, A, D. 1916.	^ ,

FRANK OTIS, President. , .. ; •-;(

• ' GEO. L. DILLMAN, \ Vice-President. ,
BRAINARD C. BROWN, Secretary. ,..;
SMITH ANDERSON,

..	1	„	::	1	,! : '	'. -i • I

A. O. GOTT,	:

/» ; ' .. 1 ' '

FRANK W^HAIjLY,

P. JORGENSON,

A. LATHAM,

WM. TAPPAN LTJM,	V !!.■

% 1

A. T. SPENCE,

A. F. ST. SURE, ' . ■ V . j , -. li:.;
L. R. WEINMANN,	|

GEO. S. WILLIAMS, r	;

Freeholders of the City of Alameda.,

The board of freeholds of the city of Alameda here>y requests
the council of said city, to cause the publication of the foregoing
proposed charter in the manner provided by law and fixes
Tuesday, the 9th day of January, A. D. 1917, as the date for
holding a special municipal election in said city, at which the
said charter shall be submitted „ to the electors of said

T-ir

ipiiit'iii 11 nir.-

—X.



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