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HomeMy WebLinkAboutCity Council - 1029 .._-.. ....- -.. _ RESOLUTION NO. 1029 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIF- ORNIA, SUBMITTING CERTAIN PROPOSED CHARTER AMENDMENTS TO THE VOTERS OF THE CITY OF HUNTINGTON BEACH, CALIF- ORNIA, FOR. OPTION OR REJECTION. The City Council of the City of Huntington Beach California, do resolve as follows Section l: That at the general municipal election to be held on April 13th, 1948, there shall be submitted to the voters eight certain charter amendments designated as follows: Charter Amendment No. 1, Proposed by the electors of said City, a_ copy of which proposed amendment is - attached hereto and marked "Exhibit A". Charter Amendment No. 2, Proposed and submitted by the City Council of its own motion, a copy of which is attached hereto and designated as "Exhibit B" . Charter A.mendTent No. 3, Proposed and submitted by the City Council of its own motion, a copy of which is hereto attached and designated as "Exhibit C" . Charter Amendment No. 4, Prepared and submitted by the City Council of its own motion, a copy of which is attached hereto and designated as "Exhibit D" . Charter Amendment No. 5, Prepared and submitted by the City Council of its own motion, a copy of which is hereto attached and designated as Exhibit Et'. - Charter Amendent No. 6, Prepared and submitted by the City Council of its own Motion, a copy of which is �lm Reso. No 1029 hereto attached and designated as "Exhibit F" . Charter .Amendment No. 7, Prepared and submitted by the City Council of its own motion, a copy of which is hereto attached and designated as "Exhibit CI: . Charter Amendment No. 8, Prepared and submitted by the City Council of its own motion, a copy of which is hereto attached and designated as "Exhibit HII. Charter Amendment No. g, Prepared and submitted by the City Council of their own motion a true and correct copy of which proposed amendment is attached hereto and designated as "Exhibit I". Section 2s the City Clerk is hereby authorized to cause said amendments and each of them to be published once in the Huntington Beach Dews, a newspaper of general circulation, printed and published in the City of Hunt- ington Beach, County of Orange, State of California., and in each edition thereof, during the day of publication and shall cause copies of such charter amendments to be printed in convenient pamphlet form and in type of not less than ten point and shall cause copies thereof to be ?wiled to each of the qualified electors of the City of Huntington Beach and shall until the day fixed for the election upon said Charter Amendments, advertise in the Huntington Beach Dews, a notice that copies thereof may be had upon application therefor at thes office. Passed and adopted at a regular adjourned meeting held on the 25th day of February, 1948. � f / ATTEST: ', MAY OR s City Clem- -2- Reso. �o. 1024 STATE OF CALIFORNIA County of Orange ss City of Huntington each 1, John B. Henricksen, City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach do hereby certify that the foregoing Resolution was read to the City Council of said City at a meeting of said City Council held on the 25th day of February, 1948, and was by said City Council passed and adopted by the following vote- AYES: Councilmen.- Greer, Ter , imx Bartlett. NOES: Councilmen: None ABSENT: Councilmen Hawes. La=enbeck� T�. C ' er Clerk and ex-eofficio Clk of the City Council of the City of Huntington Beach, California. a3- { `ITI°ON FOR ,UBM SIGN TOO-EBECTOR&OF PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF HUNTINGTON BEACH To the City Council of the City of Huntingtbi Beach: We the undersigned, registered and qualified electors of the,State of California,,M-sidents of the,,City of Hunt- ington Beach, pursuant to Section 8,o article XI of the Constitution of this State; pre§&e t to the City C- ncil of the CUY this petition and request that tr,#161owing proposed an erT' ment to the Char Hof the City be dbmitted to the�qis- tered and qualified electorped the City for their ation or rejection at nr`election on a dteto be determineelby the City Council. We request to at such amendmen ie submitted at the ne,f General Municipal Election to,,Ke held Tuesday, April 13, 19,48, in order to avoid t cost of a special electiof Theyproposed charter Ic2mendment reads as follows: CHARTER AMENDMENT NO. 1 The Charter of the City of Huntington Beach is hereby amended by adding to Article VII'thereof, certain new sections to be numbered Sections 3-a, 3-b, 17-a, 17-b, 17-c, 17-d, 17-e, 17-f, 17-g, 17-h, 174, 17-j, and 17-k and to read as hereinafter provided, by amending sections 1, 2, and 17 of Article VII of such Charter to read as hereinafter provided and by repealing Section II of Article VII thereof. Section 1. The officers of the City of Huntington Beach shall be five members of the City Council; a City Man- ager; a City Clerk; a City Assessor; a City Treasurer; a City Engineer; a Building Inspector; a Street Superintendent; a City Judge; a Chief of Police; a City Attorney; a City Auditor; a City Collector and a Fire Chief. The City Coun- cil may provide by ordinance for such additional offices s, assistants, deputies, clerks and employees as it may deem necessary and may fix their respective duties, powers and compensations. Where the positions are not incompatible the powers and duties of two or more offices may be combined in one Office. Section 2. All officers of the City other than the members of the City Council shall be appointed. The City. Council shall appoint the City Manager, City Clerk, City Attorney and City Judge. The City Manager shall appoint all heads of other departments. Each officer appointed by the City Council and each department head appointed by the City Manager shall ap- point all assistants, deputies and employees provided for by the City Council for his department. Wherever in this Charter the power of appointment or removal of appointive officers, assistants, deputies or em- ployees is vested in any appointive officer, other than the City Manager, any appointment or removal by such appointive officer shall be subject to the approval of the City Manager prior to becoming effective. Each appointive officer shall hold office at the pleasure of the Board or officer having the power of appointment of such officer, excepting as such power of appointment and removal is limited by the Civil Service provisions of this Charter. Section 3-a. City Manager. The City Manager shall be chosen on the basis of his executive and adminis- trative qualifications. He shall be paid a salary commensurate with his responsibilities as chief administrative of- ficer of the City. No City Councilman shall receive such appointment during the term for which he shall have been elected, nor within one year after the expiration of his term. At the time of his appointment the City Manager need not be a resident of the City, but in such event shall thereafter establish residence therein. The City Manager shall be the chief executive officer and the head of the administrative branch of the City gov- ernment. He shall be responsible to the City Council for the proper administration of all affairs of the City, and e shall have power and be required to: T (1) Exercise such powers of appointment and removal of appointive personnel of the City as in this Charter provided; (2) After reviewing departmental estimates, holding conferences thereon with department heads respectively, and revising such estimates as he may deem advisable, he shall prepare a budget annually and submit the same for consideration by the City Council and for the holding by it of a public hearing thereon prior to final adoption. He shall be responsible for the administration of the budget after its adoption by the City Council; (3) Prepare and submit to the City Council as of the end of the fiscal year a complete report on the finances and administrative activities of the City for the preceding year; (4) Keep the City Council advised of the financial condition and future needs of the City and make such rec- ommendations as may seem to him desirable; and (5) Perform such other duties as may be prescribed by this Charter or required of him by the City Council, not inconsistent with this Charter. The City Manager shall be accorded a seat at the City Council table and shall be entitled to participate in the deliberations of the City Council, but shall not have a vote. Section 3-b. Interference in Administrative Service. Neither the City Council nor any of its members shall order or request directly or indirectly the appointment of any person to an office or employment or his removal therefrom, by the City Manager, or by any of the department heads in the administrative service of the City. Except f or the purpose of inquiry, the City Council and its mem- bers shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member shall give orders to any subordinates of the City Manager, either publicly or privately. Section 17. Civil Service. There is hereby created a Civil Service system which shall apply to all appointive of- ficers and employees of the City on regular duty, excepting the City Manager, private secretary to the City Man- ager and all members of boards and commissions. All such officers and employees shall be deemed to be in the Classified Service of said City. The term "on regular duty" shall include all officers and employees who are paid on the basis of the regular monthly or semi-monthly salary, as distinguished from those who are employed for the doing of special work on an hourly, day by day, or weekly basis for periods of not exceeding six months duration in any single calendar year. Section 17-a. Status of Officers and Employees. All persons holding positions or employments in the Classi- fied Service at the time this Charter admendment takes effect, including elective officers who positions are made ap- ' pointive, who shall have served in such positions for a period of at least six months continuously, immediately prior to such effective date, shall become Classified Service employees without preliminary, or working tests, and shall thereafter be subject in all respects to the Civil Service provisions of this Charter. Any other persons holding posi- tions or employments in the Classified Service shall be regarded as holding their positions or employments as pro- bationers who are serving out the balance of their probationary periods before their appointments become com- plete. Merit Principle. Appointments and promotions in the administrative service of the City shall be made accord- ing to merit and fitness, to be ascertained, so far as practicable,by competitive examination. Section 17-b. Civil Service Commission. There shall be a Civil Service Commission consisting of five mem- bers to be appointed by the City Council from the qualified electors of the City, none of whom shall hold any sal- aried public office or employment, nor while a member of the Commission or for a period of one year after he has ceased for any reason to be a member, be eligible for appointment to any salaried office or employment in the ser- vice of the City onto any City elective office. The members of the Civil Service Commission shall be nominated and appointed in the following manner: Two members shall be appointed by the City Council from a list of five persons to be nominated by election of the employees in the Classified Service; two members shall be appointed by the City Council directly, and the fifth shall be appointed by the City Council from a list of three persons nominated by the four thus appointed. The successor of any member of the Commission shall be nominated and appointed in the same manner as such mem- ber was nominated and appointed. Section 17-c. Civil Service Commission. Powers and Duties. The Civil Service Commission shall have power and be required to: (1) After a public hearing thereon, recommend to the City Council the adoption, amendment or repeal of Civil arvice rules and regulations; (2) Hear appeals of any person in the Classified Service relative to any suspension, demotion or dismissal; (3) Hold hearings and make recommendations to the City Council on the adoption or revision of the position classification plan; and (4) Make any investigation which it may consider desirable concerning the administration of personnel in the municipal service and report its findings to the City Council and City Manager. Section 17-d. Classification. The City Manager shall make periodic studies of the classification and grading of positions and shall submit to the Civil Service Commission any changes which he deems desirable to better classi- fy positions according to similarity of authority, duties and responsibilities. The Civil Service Commission shall hold a public hearing thereon at which officers and employees affected thereby and others interested and desiring to be heard shall be given an opportunity to do so. Upon approval by the Civil Service Commission, they shall be referred to the City Council for final consideration and adoption. Section 17-e Recruitment. Examinations of applicants for positions in the Classified Service shall be practical and relate to those matters which fairly test the relative capacity of the applicants to discharge the duties of the po- sition to which they seek to be appointed. No person may be an applicant who is not a citizen of the United States or who has not resided in the City of Huntington Beach for at least one year next preceding the date of such examination. The residential requirement may be waived by the Civil Service Commission whenever it believes such waiver is in the public interest, but in each instance it must declare in its proceedings the reasons therefor. Section 17-f. Appointments. Upon the receipt of notice of a vacancy in the Classified Service, the Civil Service Commission shall certify to the appointing power the names of the three highest candidates on the eligible list for such position. No candidate may be certified more than three times for any one Classified position. When no eligible lists are available, the Civil Service Commission, under such rules and regulations as it shall prescribe, may authorize the appointing power to make temporary appointments in the Classified Service which shall remain in force until regular appointments can be made, but in no case to exceed ninety days in any calendar year, in order to prevent the stoppage of public business and in order to meet extraordinary conditions. If a suffi- cient number of applicants for a position in the Classif fled Service is not received after advertising therefor has been completed in conformity with rules and regulations adopted hereunder, the Civil Service Commission may au- thorize an examination to proceed under a lesser number of qualified applicants. All original and promotional appointments shall be for a probationary period of six months during which the employee may be rejected at any time without right of appeal or hearing in any manner. An employee rejected during the probationary period from a position to which he has been promoted shall be reinstated to the position from which he was promoted, unless charges are filed and he is discharged as provided in this Charter and the rules. Section 17-g. Abolition of Position. Lay-offs. Whenever it becomes necessary, in the opinion of the City Coun- cil, to abolish a position, or to reduce the number of employees in a given class, in the Classified Service, the City Council may do so,by stating in its proceedings its reasons therefor. Should such position, or positions be renewed or any position or positions involving substantially the same duties be created or filled within one year, the employee or employees discharged shall be entitled to be appointed thereto. All lay-offs occasioned by the abolishment of a position or the reduction in number of employees in a given class shall be governed by seniority in service and shall be in the reverse order of employment. Re-employment shall be in the reverse order of the lay-offs. Section 17-h. Suspension, Demotion and Dismissal. The City Council and appointive officers having appoint- ive power are vested with the right to exercise the disciplinary and removal powers hereinafter provided. An employee serving a probationary period in any office, position or employment shall be subject to removal therefrom without right of appeal but subject to his right of reinstatement to the position in the Classified Service from which he was promoted, or transferred, if any. An employee other than one serving a probationary period, holding a position in the Classified Service shall be subject to suspension without pay for a period of not exceeding thirty days in any one calendar year, or to demotion, or removal from his position, for misconduct, incompetency, inefficiency, or for failure to observe the rules or regu- lations of the department, office or agency, or to cooperate reasonably with his superiors or fellow employees, but subject to the right of the employee to appeal to the Civil Service Commission in the manner set forth herein. Such employee shall be entitled to receive, upon request, at the office of the board or officer taking such action, got later than the second business day thereafter, a written statement in item form of the reasons therefor, a copy of which statement shall be furnished the Clerk of the Civil Service Commission. He shall have ten days after the re- ceipt of such statement within which to file an answer to such statement of charges should he desire to do so. The answer shall be filed in the office of the City Clerk and with the Clerk of the Civil Service Commission. In his answer, or if no statement of charges has been made available to him as required, such employee may request a hearing by the Civil Service Commission to review such suspension, demotion or removal which shall be called and held as provided for in the rules and regulations. Hearings may be conducted informally and the rules of evidence need not apply. Within ten days after concluding the hearing, the Civil Service Commission shall certify its findings and rec- ommendations to the City Manager. The suspension, demotion or removal order by the Board or officer from whose action the appeal was taken, shall be sustained unless the said Commission shall by majority vote, render its de- cision finding that the suspension, demotion or removal was made without sufficient cause. If the Commission shall find that the person suspended, demoted or removed was so suspended, demoted or removed without sufficient cause, said Commission in its order shall provide that said person shall be reinstated forthwith to the position from which he was suspended, demoted or removed, and shall order paid to him the salary to which he would have been entitled had he not been suspended, demoted or removed. In filing its decision, the Commission shall also make and file written findings of fact covering in general terms the issues involved. In the absence of fraud or bad faith, the findings and decisions of the said Commission shall be final and conclusive. A reduction in pay shall be a demotion, under this section, unless it is apart of a plan to reduce salaries and wages in connection with a general economy or curtailment program. The City Manager and any other officer or board in whom is vested by law the power to'.make transfers, pro- motions, demotions, reinstatements, lay-offs, and to suspend or dismiss employees, shall retain such power, subject to the provisions of this Charter and the rules established hereunder, it being the intent and spirit of this Charter to provide a fair and just approach-to municipal employment in order that city employees may be selected and pro- moted on a merit basis, but in no sense to impair the efficiency of the public service. Section 17-i. Political Activities Prohibited. No person holding a position in the Classified Service nor on an eligible list shall take an active part in any municipal political campaign, nor contribute thereto in behalf of any can- didates, nor shall such person seek signatures to any petition seeking to advance the candidacy of any person for any municipal office. Excepting as limited by this section no person shall be prevented hereby from being or becoming a member of a political club or organization, or from attending political meetings, or from enjoying entire freedom from, all interference in casting his vote, or from seeking election or appointment to public office. Upon becoming a candi- date for public office, any such person shall request and be granted a leave of absence, without pay, to remain in ef- fect during the period of time such person is a candidate. No person in the Classified Service, or seeking admission thereto, shall be employed, promoted, demoted or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief. No officer or employee of the city and no candidate for any city office shall, directly or indirectly, solicit any assessment, subscription or contribution, whether voluntary or involuntary, for any political purpose whatever, from anyone on the eligible lists or holding any position in the Classified Service. Section 17-j. Prohibitions. No person shall wilfully or corruptly make any false statements, certificate, mark, rating or report in regard to any application, test, certification gr appointment held or made under the Civil Service provisions of this Charter or in any manner commit or attempt any fraud preventing the impartial execution of such civil service provisions or rules and regulations made hereunder. .Any person who by himself or with others wilfully or corruptly violates any of the Civil Service provisions of this Charter shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than. One Thousand Dollars, or by imprisonment for a term not exceeding one year, or by both such fine and imprison- ment. .Any person convicted hereunder shall be ineligible for a period of five years for employment in the City service and shall, if he be an officer or employee of the City, immediately forfeit his office or position. Section 17-k. Contract for Performance of Administrative Functions. Upon recommendation of the Civil Service Commission, the City Council may contract with the governing body of a city, or county within this state, or with a state department or other agency for the preparation or conducting of competitive examinations for positions in the City Service or for the performance of any other personnel administration service. CHARTER AMENDMENT NO. That the Chester of the City of Huntington Bead, is hereby amended by amending Section 2 of Article III thereof to read as follows Section : The City of Huntington Beach shall have the right and power to make and enforce all leas and regulations in respect to municipal affairs, subject only to the restrictions and limitations set forth in this Charter; provided that nothing herein shall be construed to prevent or restrict the City from exercising or consent- ing to, and the City is hereby authorized, at its option, to exercise any and all rights, powers and privileges, and to follow and and all procedures, heretofore or here- after granted or provided by the general laws of the State. It is the intention of the people of the City of Huntington Beach: in adopting this Charter, to take advantage, among other things, of the provisions of the 1914 Amendment to Section 6 of ,article XI of the Constitu- tion of the Mate of California giving Cities Home Rule as to municipal affairs. "EXHIBIT B" r CHARTERNT NO. That the Charter of the City of Huntington Beach is hereby amended by amending Section 5 of ,article IV thereof to read as follows. Section 5. At all elections the returns from each election precinct shall be filed with the City Clerk and shall be canvassed by the City Council at the . E regular meeting of such Council on the first Monday after the expiration of five. ( , full days after said election. The City Council shall declare elected the persons having the highest number of votes given for each office, and shall T, declare the result upon all propositions submitted at such election. Upon the completion of the canvass the City Council, shall pass a. resolution reciting the fact of the election and such other matters as are rewired by the said general election laws applicable to cities of the sixth Class . After the adoption of such resolution the newly elected officers shall be installed, and they shall hold office until the election, qualification and installation of their respective successors. Each newly elected member of the City Council before entering upon his duties shall take the oath, of office. "EXHIBIT C 11 Immediately after the result of the election is officially declared by the City Council, the Clerk shall, under his hard and the official seal of said City, issue a certificate of election for each and every person elected thereat, and serve the same personally or by mail on each such person. A —2 r «r'-'--wwauw<«w.3,+.'uc'uw: +:aawtiw-arcs:r.....:v.1wsaoerzz:=sm4NP...:..u-,msc.« va.�tG:.....e-J' '*-u-.am-rm-+---ewu+mrs.'uam.+.N-, ds:=way..v.:w:sc.:.=.c.va:.a=•..v-• .-.....+•.p..w=a�..uc.6uzcx.::t¢'aWe a.up�avx':mv�:;:.-amw-'c.raesn:'a.-!amrssejc'..ssaarmrr'._m^tY+wravu CHARTER AMENDMENT NO. That the Charter of the City of Huntington: Beach is hereby amended by amending Section 3 of Article V thereof to read as follows: Section 3 Meetings. Rehr meetings of the n`�5 City Council shall he held on the first Monday after the expiration of five (5) full days after each municipal election, whether general or special. At the meeting Feld pursuant to the above requirement next following each general municipal elections, and after the installation of the nearly elected officers the City Council shall choose one of its member to be Mayor. The City Council shall also hold regular meetings at least once in each .month at such: times as it shall fix by ordinance or resolution and may adjourn any regular meet- ing to a date certain, which shall be specified in the order of adjournment, and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meeting may likewise be adjourned and when so adjourned shall be a regular meeting for all purposes. Special meetings may be called at any time by the Mayor, or by three (3) members of the City Council, by written �. notice delivered personally to each member at least three (3) hours before the time specified for the proposed meeting; "EXHIBIT Bra provided, however, that any special meeting of the City Council shall be a validly called special meeting, without the giving of such written notice, as above provided, if all members of the City Council shall give their consent in writing to the holding of such meeting, and such consent Is on file in this office of the City Clerk at the time of holding such meeting. A telegraphic communication from a councilman consenting to the holding of the meeting shall be deemed to be a consent in writing, within the meaning of the terms as expressed in the foregoing sentence. At any special meeting the peer of the City Council to transact business shall be limited to matters referred to in such written notice or written consent; all meetings of the City Council shall be held within the corporate limits of the City at such place as may be designated by ordinance and shall be public. In the event that any order of adjournment of a regular meeting fails to state the hour at which any adjourned meeting is to be held, such adjourned meeting may be validly- held on the day specified in the order of adjournment if held at the hour set forth in the ordinance or resolution Wescribin,g the time for regular meetings. If any day upon which, by the terms of this Charter or of an ordinance fixing the time of meetings, a meeting of the City Council is directed to be held falls upon a legal holiday, such meeting shall be held on the next succeeding day which is { not a legal holiday. -2- F No. That the Charter of the City of Huntington Beach is hereby amended by amending Section F of Article VI thereof to read as follows: Section 6z :every ordinance shall be filed and topically indexed in a book kept for that purpose;, shall be .authenticated by the signatures of the Mayor and City Clerk, or his authorized deputy, and within two weeks after its adoption shall be published at least once in a newspaper of general circulation published: and circulated in the City F of Huntington Beach. In the event the publication of any ordinance shall not be made within said period of two weeps hereinabove designated, said ordinance shall not thereby be rendered null and void, but the effective date thereof shall be postponed until the full period of thirty days shall have elapsed after the publication thereof. "EXHIBIT E l l �w. ENT NO. CHARTER AlIVIEND114 That the charter of the I'ity of Huntington Bleach is hereby amended by amending Section 3 of Article ViI thereof to read as follows Section 3. Mayor. The mayor shall preside at the meetings of the City Council, and in 'case of his absence or inability to act, the City Council shall appoint a mayor pro tempore, who shall serve only until such time as the mayor re- turns and is abbe to act, and who for such period shall have all of the powers and duties of the mayor. The mayor shall have the power to make or second any motion and to present and discuss any matters , notwithstanding the fact that the mayor is the presiding officer of the Council., In the case of the absence of the Cit,�T Clerk, the deputy city clerk shall act. if there be no deputy city clerk, then the mayor shall appoint one of the members of the City Council city clerk pro tempore. The mayor shall sign all warrants drawn on the City Treasurer, and shall sign all written contracts and conveyances made or entered into by said city. The mayor shall have power to adm.inistdr oaths and affirmations, to take affidavits and to tesify the same under his hand. The mayor is authorized to acknowledge the execution of all instruments executed by said city that are re- quired to be acknowledged. In the event of a vacancy occurring in the office of the mayor for any cause, the Council mall have the authority to fill such vacancy; provided, however, that, if a vacancy also exists in the office of Councilman, that vacancy shall, first be filled in the manner provided in Section 2 of article V of this Charter. "EXHIBIT F11 ,r That the Charter of the City of MUntington Beach is hereby amendod by amending Seetlon I of Article thereof to road as followat Soction It In any projeot for the creation, IMPZ.Vement and repair of public buildings and works, In all oak in or about tbays, W is o about eobanlkments, r other works for protection n overflow, In all street or seuvr work Oxclusive of waIntomwe or repair; and In the furnishing of any supplies or materials f. r any sueht Inclusive of jeats for maintenance r repair of stroeta or sewere, when the total expendiAres " required for the exceed the sum of Five Thousand Dollars 45000), a l done by contract lot to the l u*st reoponsibla bidder, after nodes, which shallunit of the publioation of a notice Inviting, bids y two or r risertions theraof4 not lose than five days apart, In a neumpaper of general o1roulation, printed and ablished in such oityo Wah publication not loss than 10 days Prior to the date set In the notieo for e opening of bids. SuSh notice shall distinctly and spe- 0ifiCally state the work contemplated done; provided, that the City WWI may reject any and all bids presented and readvertise, , its discretion, and if anytwo o bids are the same andare the lowest bids recaMd. the Council "EXHIBIT €'' may-' 90c-PTt 0,1100vlr One it obooses: provided further, after by a four-fifths vote ., all its &embe s that. In i a apinlon Ork in qnOsWn may b performed more e0onomicallyby forne accouat or W materUls or supplies WHOM lower PACO Q the opea market, and after the adoption of a resolution Q this Offact It vay praeaed to have the same done in the manner stated without t . " observanee of the foregoing provislans Of S e ,l and provided rthy that In- viting bids, the city Council shall satisfy Itsolf that work MY be perArmed y force account or Amaterials SUPPlies procured In the open market, a cost less than would result inviting bids, and ahall SO deWare and t r b a unanimous vote of all its madbertt It may Procond to have such vark done ne or said materials svprlivs Praeurod In "rho man4or stated, without to r obsorvance of the foregoing pro a gtvat public l mitY SUth as an extraordinary fire, floo storm, Wdomie or other disastert or In the doingf m r ��q w deemed necessary preparation for National or 100al f AtY COMOU MM.Y., 0 o ti passed by v*t Of Au fifths of all its members deal are and determine that pub.lit interest and nocassity demand MAmOdiateexpenditure of publie mon, to safe-guard lift, hOalth Or Prowtv, and thereupon it may proelod tO Word or entert v . involving the expenditure of any vwn e d n suoh emergency.. m 4 CHARTER AMENDMENT NO. That the Charter of the City of Huntington Beach is hereby- amended by amending Section , Article XI thereof to read as follows: Section 3t Indebtedness and Bonds. The City may incur indebtedness for expenditures for municipal purposes which cannot be provided for out of the ordinary revenue of the City, and issue bands to evidence the same, in such manner and in accordance with such procedure as may be provided for either by the general laws of the Mate or, by this Charter or by ordinance adopted pursuant thereto; provided, however, that no bonds shall be issued to meet current indebtedness. w CHARTER AMENDMENT NO. 9 THAT ARTICLE XIS' CE THE AS FC LO},S ARTICLE ' I ' BNCzIS aS Section lr: Granting of Franchises. .any person., firm or cor orathor furn's1_-,inv the C ttx or its inhalbitants with transportation, communication, terminal facilities, 4'atcY', lio, €, , �].epat, ;. owe-. , r:,_ ig,. rat� n, sS uora_- 0_ any other _oubllc ut-il-Ity or service, or using the public streets, ixiays, alleys, or -lases for the oper- ation of plants, ,works, or equipment for the f ;tr nl sh® in1y the-reof or traversing vt ort?on of the City for the transmitting or conveying of .,.,LXi such erv"'i ce = .- e r. ,There may be required, oar or a" n�:nce t o have P.. valid and existingfranchise. The City `xCao nct! is eiii—llo''ure to grant such franchise to exizr such Baer son, firm or cor® po ati,oT1, whether o-perating L2?`3der am ;.xist}lnp� franchise or not. The City Council may prescribe the terns and conditions of any such rr:.nt. It raC.;- also -orovi .e, by procedural ordin'.nce, the method of procedure and. - d- i itlonal terms and CondIt ons for 'r. ,,king ."u6:h E?rants, sub'Ject to the provisions of this Charter. Section 2: Res. oluti--n of Intention. 1kCoti ce and Public Hearing. Before granting any franchise, the City Council shall pass a resolution declexing its intention tD to grant the same, stating the name of the pr o-posed grantee, the character of the franchise and the terms and conditions upon which it is proposed to be granted. "EXHIBIT I" 1 ry Such resolution shall I. ix and set forth the dE-,,-r, our c:'•..nd place -w1ien and where any persons having any. int- erest therein or any objection to the granting thereof mad. appear bef ore the City Council and be heard thereon.. It shall direct the City Clerk to publish said resolut- ion at least once, r1ithin fifteen days of the passage thereof, in the official newspaper. Said noticeshall be published at least ten days prior to the date of hearing. At the time set for the hearing the City Council shall proceed to hear and pas upon all protests and its decision thereon shall be final and conclusive. Thereafter, it may grant, or deny, the franchise , sub j ect t o the right of ref erend cim of the pe ople. Secti 3: Term of Franchise. Every franchise shall state the term for which it is granted, which, unless it be indeterminate as �rovided for herein, shah not exceed t ienty-five gears* franchise grant may be indeterminate, that is to say, it may protllde that it shall endure in full Force and effect until the same, with the consent of the :public Utilities Commission of the State of California, shall be voluntarily surrendered or abondoned by its possessor, or until the State of California, or some municipa.l or public corporation, thereinto duly authorized by law, shall purchase by voluntary agreement or shall condemn and t:�. e, under the power of eminent domain, all property actually used and useful in the exercise of such franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condem- ing such property, or until_ the franchise shall be forfeited for noncompliance with its: terms by the possessor thereof. Section IW Eminent Domain. No franchise grant shall in any way or to any extent impair or affect the right of the City t,b acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpe- tuity, the Cit;yr 's right of eminent domain with respect to any public utility. No such franchise shall ever be given any value before any Court or other public authority in any proceedings of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the mun- icipality therefor at the time of the acquisition thereof. ,Section 5-T- Grant to be in Lieu of all other Franchises. Any franchise granted by the City Frith, respect to any given utility service shall be in lieu of all ,other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any right under such franchise, for the rendering of such utility service within the limits of the City as they now or may hereofter exist, except any franchise derived under Section 19 of Article XI of the Constitution of California. as said existed prior to the amendment 3 thereof adopted October 10,1911. The acceptance of any franchise hereunder, shall operate as an: aban:dom- ment of all such franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been, filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten days after he adopt-.oh of the ordinance,', granting the franchise, or any extension thereof granted by the City Council, and when so filed, such acceptazice shall constitute a continuing agreement of such grantee that if and �rrhen the City shall thereafter annex, or consolidate with, addtitianal territory, any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived under said constitutional provision, shall likevvise be deemed to be abandoned iii train the limits of such territory. two grant of any franchise may be trans- ferred or assigned by the grantee except by consent in writing of the City Council and unless the trans- feree or assignee thereof shall covenant and agree to perform and be bound by each and all of the terms and conditions imposed in the grant or by procedural or- dinance and by this Charter. Section 6 Duties of Grantees. By its acceptance of any franchise hereunder, the grantee shall covenant ,rnd agree to perform and be bound "by each and all of she terms and conditions im-osed in the errant , or b;; procedural- ordinance and shall further agree to: a. Comply with all lawful ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its; ?police Dower governing the construc- tion, maintenance and operation of i t s plants, works or equipment; b. Pay to the City on demand, the cost of all repairs to public property made nec- essary by any of the operations of the grantee under such franchise. c. Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under such franchise; d.. Remove and relocate without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, al gnme nt or width of any public street , way, alleys or place, including the construction of arty subway or viaduct, or if the Public health, co 3nf ort, trrelfare, convenience, or safety so demands; and e. Pair to the City during the life of the franchise a percentage, to be specified in the grant, of the gross annual receipts 5 of the cr7-antee ?���t '.;i..il tS'e � im—i tz�.. of vh� City, or such father compensaticn as the City Council may prescribe in the grant. Section 7 ,, Exercising Rights Without Franchise. The exercise by any person, firm or corporation of any privilege for which a franchise is required, mIthout possessing a valid. -and existing franchise therefor, shall be a misdemeanor and shall be punishable and each day that such condition continues to exist shall constitue a sU ip-r to violas-ion® 6