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HomeMy WebLinkAboutCity Council - 1053 RES OLUT ION NO, 1053 A RES OLUT ION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH' CALIFORNIA, SUBMITTING CERTAIN CHARTER AMENDMENTS AND A CERTAIN ORDINANCE TO THE VOTERS OF THE CITY OF HUNT INGTON BEACH' CALIF- ORN TA 9 FOR ADOPTION OR REACT ION 9 CALL- ING AN ELECTION THEREON9 AND ORDERING SUCH ELECTION TO BE CONSOLIDATED WITH THE GENERAL ELECTION TO BE HELD NOV- EMBER 2' 1948. The City Council of the City of Huntington Beach, California, do resolve as follows: Section 1; That a special election is hereby called and shall be held in the City of Huntington Beach' Calif- ornia, on the 2nd day of November, 1948, for the purpose of submitting to the electors of said City the proposition of the adoption or rejection of two certain charter amend- ments designated as follows: ® Charter Amendment No. 1, proposed and submitted by the City Council of its own motion' a copy of which is attached hereto and designated as 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 uB" . t I Section 2 That the said proposed charter amendments shall be submitted to the electors of said City of Hunting- ton Beach at said special election for adoption or rejection and the proposition of adopting or rejecting said proposed amendments shall appear on the ballots in words and figures as follows, to wit: Charter Amendment No. 1 Shall. Charter Amendment No. 1 proposed by the City Council be adopted, said amendment providing that a Department of Public Service be created, prescribing the powers and duties thereof and providing that the department shall be self-sustaining and shall have the power to establish revenue producing pro- jects when authorized by the City Council or by vote of the qualified voters of said city? Charter Amendment No. 2: Shall Charter Amendment No. 2 proposed by the City Council be adopted, said amendment providing for the appointment of an. acting City Judge in the absence of the City Judge, authorizing the continuance of cases during such absence and pro- viding for a Clerk of said Court? 2 Section 3: That at the special election called in Section 1 hereof, to be held in the City of Huntington Beach, California, on the 2nd day of November, 1948, there shall be submitted to the voters of said city the proposal of the adoption or rejection of a certain ordin- ance proposed by the legislative body of said city, a true and correct copy of which ordinance is attached hereto and made a part hereof, as if herein set out in full, and designated as Exhibit "C" . That said proposed ordinance shall be submitted to the voters and shall appear on the ballots under the following proposition: Proposition No. 1: Shall the ordinance repealing Ordinance No. 396 be adopted? Section 4: That the said election is hereby ordered consolidated with the general election to be held on November 2, 1948, and the Honorable Board of Supervisors of the County of Orange be, and they are hereby requested to order said special election consolidated with the general election to be held on the 2nd day of November, 1948, and that the election precincts, polling places, voting booths and the election officers of said state election be the same, and are hereby designated as the election precincts, polling places , voting booths and the election officers of said special election, 3 Section 5: That the Honorable Board of Supervisors be, and they are hereby requested to place the ballot of said special election upon the ballot for the state election, and that a copy of said proposed charter amendments and said proposed ordinance shall be enclosed in the envelope with the sample ballot, and mailed to the voters of this city. Section b That said Board of Supervisors be and they are hereby authorized and directed to canvass the returns of said special election and forward to the City of Huntington Beach a certified copy of the results thereof. This request is made pursuant to and in accordance with Chapter 4, Part 2, Division 11 (Section 10050 et seq) of the klection Code of the State of California. Section 7.• The City Clerk is hereby authorized to cause said Charter Amendment No. land said Charter Amend- ment No. 2 to be published once in the Huntington Beach News, a newspaper of general circulation, printed and published in the City of Huntington Breach, County of Orange, State of California, and in each edition thereof, during the day of publication and shall cause copies of said Charter Amendment No. 1 and Charter Amendment No. 2 to be printed in convenient pamphlet form and in type of not less than ten point and shall cause copies thereof to be mailed 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 News' a notice that copies thereof may be had upon application therefor at this office. Section 8: the City Clem is further authorized and directed to cause said proposed ordinance, Exhibit "C" hereof' designated as Proposition No. 1 to be printed in the Huntington Beach News, and to cause a copy thereof to be enclosed in an envelope with a sample ballot and mailed to each voter at least ten days prior to election. PASSED AND ADOPTED by the City Council, of the City of Huntington Beach, California! at a regularly adjourned meeting thereof held on the 10th day of September' 1948. OR ATTEST 21OHN L. HENRICKSE City Clerk B � Y Dep ty I 5 STATE OF CALIFORNIA, � County of Orange } ss City of Huntington Beach ) I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach, California' and ex-officio Clerk of the City Council of said city, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing Resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regIlla,r1 ae n)irnA, meeting thereof held on the loth day of September? 1948, by the following vote: AYES Councilmen: NOES: Councilmen: Nonp ABSENT: Councilmen: JO,HN L. HENR IQ 1 EN city Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach' California. By Deputy° 6 Exhibit "A" attached to l� Resolution No. 1053 CHARTER AMENDMENT NO. That the Charter of the City of Huntington Beach be amended by adding a new article thereto, to be designated Article VIII-B, and to read as follows: ARTICLE VIII-B DEPARTMENT 0'F PUBLIC SERVICE Section 1. Creation and Jurisdiction of Department. There shall be a Department of Public Service hereinafter in this Article - designated as the "Department's) , and all revenue producing works, undertakings, enterprises and utilities (hereinafter in this Article referred to as "storks") of the City shall be under the full, complete, and exclusive charge, 'direction and control of the Depart- ment from and after the time, or the respective times, which may be determined in accordance with the provisions of Section 6 of this Article. Section 2. Department to be Self-Sustaining. It is the intent of the people of the City, in adopting this Article, that all such works shall be self-sustaining, and, that, except as additions, betterments or replacements to and of any such works may be paid for directly out of the revenues therefrom., such works shall be financed through the issuance of revenue bonds. Neither such revenue bonds, nor the interest accruing thereon, shall be, or evidence, indebtedness of the City. Such revenue bonds, and the in- terest accruing thereon, shall be a charge upon such of the revenues of the works on account of which they are issued as by the terms of their issuance are so charged therewith, but shall, not be a charge, lien or encumbrance, legal or equitable, upon, nor shall any recourse on account thereof be had against, any other income, receipts, revenues, funds, or other property of the City or of the Department, and neither the credit nor the taxing power of the City shall be deemed to be pledged to, or charged with, such payment, nor shall the holder of any such bond have any right to compel the exercise of such taxing power. Nothing in this Section, or elsewhere in this Article, shall preclude the P issuance, when authorized by two-thirds vote` of the duly 2. qualified electors of the City voting upon the proposition, of bonds of the City, for the purposes of any such forks, pursuant to proceedings therefor taken in accordance with the Constitution and general laws of the State. It is, nevertheless, the intention of this Article that all prin- cipal and interest accruing on such bonds of the City, if any, shall be provided currently out of the revenue fund pertaining to the works on account of which such bonds of the City shall have been issued, so far as it is practicable to make such provision after the payment of all costs of operation and maintenance of said works and of all princi- pal and interest on revenue bonds of the Department issued on account of said works, and that so far as such current provision is not practicable, the general funds of the City shall be reimbursed out of said revenue fund, as soon as practicable, for all moneys paid from such general funds on account of such bonds of the City. If any such bonds of the City shall be so issued for the purpose of any such works the expenditure of the proceeds thereof shall be under the control of the Department in the same manner as in the case of the issuance of bonds of the Department . Section 3. Creation of Board of Public Service Com- missioners. a) There shall be a Board of Public Service Commissioners (hereinafter in this Article designated as the "Board") . The Board shall consist of five (5) Commissioners, who shall be appointed by the City Council., by motion or by resolution, for terms of fi-ve (5) years, beginning on the first day of July, and ending with the thirtieth day of June, of the respective years, except that the first five (5) mem- bers shall be appointed as soon as practicable after the taking effect of this Article, for varying terms, all of which terns shall begin immediately upon such appointment, and one of which terms shall end with the earliest thirtieth day of June which is not less than one year after such ap- pointment, and the other four (4) of which terms shall end, successively, on the thirtieth day of June of each of the four (4) years next following the year in which the first of said terms shall end. After such original appointment of five Commissioners, one Commissioner shall be appointed each year, so that the term of one of said Commissioners shall expire with the thirtieth day of June of each year. The appointment for the term beginning on the first day of July in each year in which a general City election shall be held shall be made after the members of the City Council elected at that election shall have been installed. At their first regular meeting after the thirtieth day of June in each year the Board shall elect one of its members to --orve as President of the Board until the next succeeding such annual election. The Board shall also fill any -vacancy in the office of President of the Board, and in the case of the absence of the President from any Board meeting shall appoint one of its members as Chairman of that meeting. 3. (b) 7n the case of any vacancy on the Board, from whatever cause arising, such vacancy shall be filled by appointment by the City Council, for the unexpired term of the Commissioner whose office has become vacant. (c) Every Commissioner shall be subject to removal from office by four-fifths vote of all the members of the City Council; provided, however, that such action shall be taken only at a regular meeting, or adjourned regular meet- ing, of the City Council. and that there shall have been served upon each Commissioner proposed to be removed either a notice in writing given by the City Clerk, pursuant to not less than a majority vote of the City Council, of the intention of the City Council to take such action, or a notice in writing signed by not less than three members of the City Council of intention to move that such action be taken. Each such notice shall state the date and hour of the meeting at which such action or motion is proposed to be taken or made. Action upon such removal may be taken either at the meeting so specified or at any regular ad- journment thereof. Such notice may be served by personal delivery not less than 10 days prior to the time of the meeting specified therein, or by depositing the same in the United States Post Office 'at Huntington Beach, California, post-paid and properly addressed., not less than 12 days prior to such time. (d) The Commissioners shall receive no compensation for their services as such, but shall receive reimbursement for necessary traveling and other expenses when on official duty out of the City on order of the Board, and in addition shall each receive the sum of Five Dollars ($5.00) for each meeting of the Board attended, not exceeding Fifty Dollars ($50.00) in any calendar month to 'any member, which amount shall be deemed to be reimbursement for out-of-pocket ex- penditures and costs imposed upon them in serving as Com- missioners. Section 4. Department Officers. There shall be the following Department officers, to wit: General Manager of the Department of Public Service; Secretary of the Board of Public Service Commissioners; Controller of the Department of Public Service; Custodian of Funds of the Department of Public Service; General Counsel of the Department of Public Service; and Chief Engineer of the Department of Public Service; (hereinafter in this Article referred to as the "General Manager, " "Secretary," "Controller," "Custodian of Funds," "General Counsel," and "Chief Engineer, " respectively) . Each person appointed to any such office may be a person holding 4, some other office, offices, position or positions in the Department, or in the City government, but no person shall hold any offices or positions the duties of which are incom- patible . No member, of the City Council or of the Board shall, during the term for which lie shall have been elected or ap- pointed, or within one year after the expiration of such term, serve as such Department officer. The Department offi- cers shall serve at the pleasure of the appointing power. Section 5. Jurisdiction and Powers of the City Coun- cil. M The powers of the City Council respecting the De- partment shall be solely legislative, and the City Council shall have no power to direct or control the action of the Board or of the Department officers in the exercise of their powers or the performance of their duties, and shall not in any manner control or interfere with the policies of the De- partment, or its administration, but nothing in this Section shall prevent the Council performing those acts and things expressly provided for in this Article . (b) In accordance with. the provisions of the Consti- tution of the State of California and of this Charter, the City Council shall have the power, by ordinance, to make, and the City may enforce, laws and regulations, consistent with the provisions of this Article, respecting the subject matter of said Article, to the same extent and with the same effect as, but to no greater extent nor with greater effect than, the Legislature of the State could do with respect to cities which are organized under the Municipal Corporations Act. (c) Without limiting the generality of the foregoing provisions of this Section, the City Council shall have power (i) to prescribe the procedure for the issuance of revenue bonds pursuant to this Article; (ii) to determine what new revenue producing works shall be established or undertaken, as more particularly provided in Section 6 of this Article, and (iii) to transfer to the Department the control of any land or property owned or controlled by the City, and not then under the control of the Department, which may be required in connection with any works under the jurisdiction of the Department, and, in cases where the City Council may deem it appropriate, to require, as a condi- tion to such transfer, the payment or transfer from funds pertaining to the works for which 5. such land or property is to be used to the general funds of the City of an amount equal to the value of such land or property, as found and determined by the City Council. (d) The powers of the City Council specified or re- ferred to in this Section shall be exercised by ordinance, which shall be consistent with this Article and subject to the provisions, restrictions and limitations contained there- in or elsewhere in this Charter. Section 6. When Department- to Acquire Jurisdiction of VVorks . (a�_The City Council shall have the sole power to determine and designate from time to time, by ordinance, what new revenue producing works shall be established or undertaken by the City. From and after the taking effect of any such ordinance, or from and after any later date which may be fixed in said ordinance, the Board may proceed to undertake and establish such works, and such works shall be under the jurisdiction of the Department, and it shall have full, complete and exclusive charge, direction and control thereof, and may exercise with respect thereto all the powers with which such Department is' invested. (b) Such determination by the City Council shall be only as to the class or kind of works to be established or undertaken, and the planning, designing, location, and all matters pertaining to their establishment or undertaking, or to subsequent enlargements, additions, extensions, or replacements, other than the original determination to establish or undertake works of that class, shall be under the exclusive control of the Board. (c) Jurisdiction over any revenue producing works of the City shall not be transferred to, vested in or exer- cised by any department, board, officer or agency of the City other than the Department of Public Service. (d) When any works have been placed under the juris- diction of the Department, pursuant to this Section, such jurisdiction shall not be subject to termination, unless in a manner consistent with all provisions of this Charter, and with all obligations which the Department has theretofore assumed to the holders of any bonds then outstanding, which have been issued on account of such works. (e) The City Council, in its discretion, in lieu of adopting any ordinance provided for in this Section, may sz;.bmit to the qualified voters of the City, at any election, the proposition of authorizing any action which might be taken by such an ordinance, and if such proposition shall 6. receive the favorable vote of a majority of the qualified voters voting upon such proposition, such vote .shall have the same effect as if such ordinance had been adopted and become effective. Section 7. Powers of Department. (a) The Department may exercise ;very power which the City might or could exer- cise under the Constitution of the State, and under this Charter, with respect to the acquisition (whether by pur- chase, lease, eminent domain or otherwise) , construction, establishment, improvement, extension, maintenance, opera- tion, or replacement of any revenue producing works under its direction and control, subject only to the limitations expressed in this Article. (b) Without limiting the generality of subdivision (a) of this Section, the Department shall have power - (i) to have perpetual succession; (ii) to adopt and use a seal and to alter it at pleasure; (iii) to sue and be sued; ( iv) to make and enter into contracts; (v) to acquire and to hold in the name of the City, any and all property, real or personal, and interests therein, within or without the City; (vi) to control and order the expenditure of all funds pertaining to any and all works under its direction and control; (vii) to establish and regulate rates and charges for service from, or the use of, any and all works under its direction and control, to users inside or outside the City; (viii) to borrow money and incur indebtedness for any such works, and to issue revenue bonds, including refunding revenue bonds, in negoti- able or non-negotiable form, and payable or collectible within or without the State of California, to evidence such indebtedness, in accordance with procedures established by this Article and by ordinance of the City Council; 7. (ix) to make covenants, for the benefit of the holders of any such bonds, for the main- taining of adequate rates and charges, for restrictions upon further indebtedness pay- able out of the same fund, for restrictions upon transfers out of such .fund, and any other appropriate covenants; (x) to establish funds as hereinafter in this Article more particularly provided; (xi) to provide for the payment out of the proceeds° of any issue of bonds of the costs and expenses incident to the issuance there- of and .for the reimbursement out of such proceeds of any fund out of which such costs and expenses may have been paid; (xii) to authorize expenditures out of the revenue fund pertaining to any works for any purpose for which bonds pertaining to such works have been authorized, subject to reim- bursement out of the proceeds of such bonds, and to authorize such reimbursement; (xiii) to lease, let or rent any property under the control of the Department, whether real or personal, in accordance with such procedure, upon such terms and for such time and purposes as the Board may deem proper and consistent with the requirements of the Department, and to sell any such prop- erty which the Board may find to be no longer needed for the purposes of the Department, in accordance with such procedure, and upon such terms, as the Board may deem proper; provided, however, that in the case of land or property transferred to the control of the Department pursuant to clause (iii) of subdivision (c) of Section 5 of this Article without the payment or transfer from funds pertaining to the works for which such land or property was to be used to the genera, funds of the City of an amount equal to the value of such land or property, as found and determined by the City Council, the Board, upon finding that the same is no longer need- ed for the purposes of the Department, may retransfer the control of the same to the City Council; gs (xiv) to contract with any person, firm or corporation for the furnishing to the Depart- ment of special services and advice in finan- cial, economic, accounting, engineering. legal or administrative matters by persons specially trained and experienced in such Lines of work and who are in the opinions of the Board, com- petent to perform the services required, and to pay and agree to pay such compensation to these experts as the Board may deem ?roper for the services rendered or agreed to be render- ed by the expert or experts with whom the con- tract is made; (xv) to create, establish, adopt, maintain and administer a retirement plan for officers and employees of the Department; and (xvi) to do any and all things necessary or appropriate to carry out the purposes of this Article. Section 8. Powers of Board. (a) The Board shall have power (i) to act as the policy making authority with respect to all powers and functions of the Department; ( ii) to appoint or remove the General Manager and Secretary; to fix the qualifications and compensation, and, so far as consistent with the provisions of this Article, the duties and powers of the Department officers provided for in Section 4 of this Article; to provide by resolution for such additional officers, as- sistants, deputies, clerks and other employees as it may deem necessary, and to fix their respective qualifications, compensations, du- ties and powers; (iii) to do any and all things expressly auth- orized by this Article; and (iv) to do any and all things, whether speci- fied in this Article or not, which may be neces- sary or appropriate for the exercising of "all powers vested in the Department, except as to such powers as are vested by this Article in the Department officers. (b) If any of the powers granted by this Article, whether in specific or general terms, to the Department or the Board, should be held to be legislative, it is declar- ed to be -the intention of this Article to invest said De- partment and Board with legislative powers' to the extent that any such powers may be so held to be legislative . Section 9. Powers and Duties of General Manager. (a) The. General Manager shall be the chief executive officer and head of the administrative branch of the Department . He shall be responsible to the Board for the proper administration of all affairs of the Department, in accordance with the policies established by the Board, and shall have power and be required - (i) to appoint the Controller, Custodian of Funds, Chief Engineer and General Counsel, and, except as provided in Section 10 of this Article, all such other officers, assistants, deputies, clerks and employees as may be provided for by the Board, and all persons so appointed by him shall be subject to removal by him.; (ii) to prepare a Department budget annually and submit the same for consideration by the Board, and to be responsible for the admini- stration of the budget after its adoption by the Board; ( iii) to prepare and submit to the Board as of the end of the fiscal year a complete re- port on the finances and administrative activ- ities of the Department for the preceding year; (iv) to keep the Board advised of the finan- cial condition and future needs of the Depart- ment, and make such recommendations as may seem to him desirable; and. (v) to perform such other duties as may be prescribed by this Article or required of him by the Board, not inconsistent with this Ar- ticle. (b) The General Manager shall be accorded a seat at the Board table (except when his removal or the appointment of his successor shall be under discussion) and shall be en- titled to participate in the deliberations, but shall not have a vote. G, 10. Section 10. Powers and Duties of Other Officers. (a) The Officers provided for in Section 4 of this ArticTle, other than the General Manager, shall have, exercise and perform the same powers and duties with respect to the affairs of the Department, as nearly as may be consistent with this Article, as under this Charter the corresponding officers of the City have, exercise and perform with respect to the affairs of the City. (b) The following shall be deemed to be corresponding officers within the meaning of that term wherever used in this Article: President of the Board and Mayor; Secretary and City Clerk; Controller and Auditor and City Collector combined; Custodian of Funds and Treasurer; General Counsel and City Attorney; and Chief Engineer and City Engineer; provided, however, that with respect to powers and duties of management, as distinguished from engineering, the General Manager of the Department shall be deemed to be the officer of the Department cor- responding to the City Engineer. (c) The Secretary, Controller, Custodian of. Funds, General Counsel and Chief Engineer shall each be the head of a division of the Department, and as such shall have the power to appoint or remove all such officers, assistants, deputies, clerks and employees as may be provided for by the Board for his division, subject to approval of the General Manager being first had and received. (d) All of the provisions of this Charter applicable to the officers of the City mentioned in this Section shall be applicable to the corresponding Department officers, re- spectively, so far as may be consistent with this Article, subject, however, to the provisions of Section 25 of this Article . Section 11. Revenue Bonds and Referendum Thereon. (a) Whenever the Department shall propose to exercise the power to borrow money, or incur or refund indebtedness, on account of any works under its jurisdiction, through the issuance of revenue bonds, pursuant to this Article, the Board shall adopt a resolution authorizing the issuance of such revenue bonds, which resolution shall specify - (i) the works on account of which the proposed bonds are to be issued; (ii) the purpose for which the proposed bonds are to be issued; t r"^ 11, (iii) the maximum principal amount of the bonds proposed to be issued; (iv) the maximum term for which any of said bonds are to run; (v) the maximum interest cost, to be determined in a manner specified in said resolution, to be incurred through the issuance of such bonds; (vi) the maximum premium, if any, to be payable on the redemption of any such bonds; (vii) whether or not such bonds are to be in negotiable form; and (viii) the limits within which restric- tions may be imposed upon the incurring of additional indebtedness which is to be a charge upon the fund or funds upon which such proposed revenue bonds are to be a charge, or upon future transfers out of said revenue fund; but if no such restrictions are proposed the specification provided for in this clause (viii) may be omitted, (b) Upon the adoption of any resolution pursuant to the preceding subdivision (a) the Board shall cause the same to be published by at least one insertion in some newspaper published and of general circulation in the City of Hunting- ton Beach. At any time within thirty (30) days after the first publication of such resolution a referendary petition., signed by not less than 10 per cent of the registered voters of the City, protesting the adoption of such resolution, may be filed with the City Clerk. Thereupon substantially the same proceedings shall be had as are applicable in the case of referendum upon the adoption of an ordinance. If during the said thirty (30) days a petition signed by the required number of voters be presented to the Council, the resolution which is the subject thereof shall be of no effect unless and until the same shall have been submitted to the voters of the City and a majority of the voters voting thereon shall have voted in favor thereof. (c) The Board, in its discretion, may include in any resolution adopted pursuant to subdivision (a) of this Sec- tion, a request to the City Council to submit such resolu- tion to the voters, and in that case, instead of the publi- cation provided for in said subdivision (a) , a certified copy of said resolution shall be filed with the City Clerk and by 12. him presented to the City Council. Thereupon substantially the same proceedings shall be had as if said resolution had been published and a sufficient referendary petition had been presented. (d) When any such resolution shall have taken effect, whether by the elapsing of 30 days without the filing of a sufficient referendary petition, or by a majority of the vot- ers voting thereon having voted in favor thereof, the Board may proceed in accordance with the provisions of this Article and of any ordinance prescribing the procedure therefor adopt- ed pursuant to this Article, and issue revenue bonds within the terms of said resolution. Section 12, Funds . (a) Immediately upon any works coming under the direction and control of the Department, the Board shall, by resolution, establish a fund, to be in the custody of the Custodian of Funds, and to be designated as the " Revenue Fund. " the pre- ceding blank to be filled in with. an appropriate brief desig- nation of the particular works in connection with which the fund is established, as "Parking".. "Sewer", or the like. All moneys received by the Department from the furnishing of ser- vice from, or the use of, the particular works in connection with which that revenue fund is established, or from any other source in connection with the operation of those works, shall be paid into that fund, and no sums shall be paid from said fund other than expenditures, duly authorized by the Board, made for the purpose of those works, except as in this Article otherwise expressly provided. The Board shall, from time to time, make provision for the payment out of each such fund of sums sufficient to meet when due all payments of principal and interest on all revenue bonds of the Depart- ment issued for the purposes of the works to which that fund pertains. (b) In its discretion, the Board, from time to time., may establish special funds in the custody of the Custodian of Funds, in connection with any particular works under its direction or control, or in connection with any issue of revenue bonds issued or to be issued for the purposes of those works, as funds set apart and segregated for the pay- ment of principal or interest on any issue, or series of issues, of such revenue bonds, or as funds to assure the ap- plication of the proceeds of any issue of revenue bonds to the purposes for which it was issued, or for any like purpose. Money in any revenue fund may be transferred, when authoriz- ed by the Board, to any such special fund the purpose of which is within the purposes for irrhich money in said revenue fund is expendable . Money placed in any such special fund shall not be expended for any purpose whatsoever except the purposes 13, for which such special fund was established, and shall be deemed to be segregated from all other funds of the City or Department, and reserved exclusively for the purposes for which said special fund was established; provided, how- ever, that the Board at or after the time .of the establish- ment of any such special fund may make due provision for the disposition of any unexpended balance which may remain therein after the purposes of its establishment shall have been fully accomplished. Section 13* Investment of Funds. In the discretion of the Board, money In, or belonging to, any revenue fund established pursuant to subdivision, (a) of Section 12 of this Article, or any special fund established pursuant to subdivision (b) of said Section 12, may be invested in sec- urities consisting of bonds or other evidences of indebted- ness of the United States, the State of California, or any political subdivision thereof, including the City or the Department. Any such securities acquired through such in- vestment may be resold at any time. in making any such investment in, or sale of, any such securities the Board shall, if practicable, obtain or cause to be obtained com- petitive bids, formal or informal, for the sale or purchase of such securities. Any interest or any increment received by reason of such investment, and the proceeds of any such resale, shall be placed in the fund out of which such secur- ities were purchased. Any revenue bond of the Department so acquired which is payable out of the fund from which its purchase price was paid may be cancelled, either in satis- faction of sinking fund obligations, or otherwise, and any such revenue bond so cancelled shall no longer be deemed to be outstanding for any purpose. Section 14. Accounting and Budget. (a) The General Manager shall provide for proper accounting and control, under the direction of the Controller, of all money, funds and property and other things of value, pertaining to the Department, and for the budgeting of all expenditures, other than expenditures to be made out of the proceeds of the sale of bonds, The General Manager shall annually prepare and submit to the Board a budget for the Department in such form and manner as to indicate the estimated operating costs, revenues, profit, and hiss for each works, under the juris- diction of the Department during the ensuing year, which shall be approved by the Board, either as submitted or as it may be amended or modified by the Board. In any case of emergency or unexpected contingency the Board may from time to time during the budget year amend or modify such budget. Obligations shall be incurred only within such budget, but this shall not apply to the incurring of obligations for money borrowed through the issuance of bonds, nor shall it 14. preclude the making of contracts of lease, or for services, or the like, for periods extending beyond the current bud- get year, or contracts for the purchase of machinery, equip- ment or other property to be delivered after the close of the year, in any cases where the Board shall be satisfied that each payment thereunder will be within the funds which will be available in the year in which such payment will be- come due:. Section 15. Separate Units. Each works under the direction and control-- ofthe Department shall be conducted as an independent unit, which shall be self-supporting, ex- cept to the extent contemplated in Section 2 of this Article, in the event that bonds of the City should be authorized for the purpose of any such works, and all accounting respecting the affairs of the Department shall be on that basis. Section 16. Duty to Maintain Adequate Rates and to Perform all Covenants. It shall be the duty of the Depart- ment to fix rates and collect charges for service from, or the use of, each such works such as to provide revenues sufficient to pay, as the same shall become due, the prin- cipal of and interest on all revenue bonds of the Depart- ment issued on account of ,such works, in addition to paying, as the same shall become due, the necessary expenses of operating and maintaining such works, and all other obliga- tions and indebtedness payable out of the revenue fund per- taining to such works. It shall also be the duty of the Department to fully keep and perform every covenant it may make with the holders of any bonds issued pursuant to this Article, whether with respect to the establishment and main- tenance of funds, or with respect to any matter whatsoever. Section 17. Interchange of Personnel and Property. In the interest of economy and efficiency, in cases where the duties are compatible, the services , of personnel in other de- partments, offices and agencies of the City may be utilized in the conduct of the affairs of the Department, and vice versa, to such extent as shall be authorized by the City Coun-» cil and the Board or General. Manager. Likewise, in the same interest, and upon like authorization, equipment, materials, supplies and other property, provided for other departments, offices and agencies, may be transferred to or used jointly with the Department, or vice versa. Costs incurred for the joint benefit of more than one works shall be prorated be- tween them, and charges shall be made and paid, between each such works and other such works, and as between each such works and the City, and all other departments, offices and : agencies of the City, for all personal services of officers or employees, for all services, or uses from or of works of the Department, and for all property, or other things of 15. value, furnished, supplied or rendered by, to, or from each such works, from, to or by any other such works, or the City, or any other Department, office or agency of the City, in- cluding in the cases of the offices of any officer of the City who, pursuant to the provisions of this Article may also be appointed as an officer of the Department, a proper prorata apportionment of the costs of any offices used joint- ly for purposes of the City and purposes of the Department. Section 18. Transfers to Other Funds. No transfers, payments or contributions shall be made from the funds of any works to any funds of other works of the Department, or to any funds of the City, otherwise than - (i) for value received, as provided in this Section, (ii) for the payment or reimbursement of principal and interest on bonds of the City issued for the purposes of the works to which the fund pertains, as provided in Sec- tion 2 of this Article, or (iii) for purposes permitted by Section 19 of this Article. Section 19. Application of Surpluses . In the discre- tion of the Board, it may establish a Department of Public Service General Reserve Fund, and may transfer thereto sur- plus money in any Revenue Fund established pursuant to sub- division ( a) of Section 12 of this Article. Aoney shall be deemed to be surplus within the meaning of this Section only when it is found by the Board to be such as will remain over and above due provision for all current expenses of operating and maintaining the works to which the Revenue Fund pertains, for all current debt service charges pertaining thereto, for the maintenance of any reserves required by any covenant with the holders of bonds pertaining thereto, for depreciation of such works, and for a reasonable margin of working capital therefor. In the discretion of the Board, money in said General Reserve Fund may be transferred to other funds of the Department, or the general fund of the City and used for any purposes for which the fund to which it is so transferr- ed may be expended, 'but no such transfer shall be made in violation of any covenant which may have been made in con- nection with the issuance of any revenue bonds which are a charge upon the Revenue Fund affected. Section 20. Contracts . In all construction, improve- ment and other work undertaken by the Department, and in the procurement of any supplies or materials therefor, it shall . ..._....._...... 16. proceed in the same manner as provided for the City in Article X of this Charter, and all of the provisions of said Article X shall apply, subject, however, to the provi- sions of Section 25 of this Article; and provided that in obtaining the engraving of bonds, or printing incident to the issuance of bonds, the Department may proceed by invit- ing informal bids, if by reason of limitations of time or requirements as to quality of work, or security in the cus- tody of plates, the Board may deem it to be in the public interest so to do. Section 21. Oaths and Bonds of Officers and Employ- ees. Ta—T Each member of the Board, and each of the Depart- ment officers provided for in Section 4 of this Article, be- fore entering upon the discharge of his duties, shall take the oath of office provided for in the Constitution of the State. (b) Each officer and employee of the Department charg- ed with the collection or custody of public money, before entering upon the discharge of his duties, shall give and execute to the Department his official bond, and other offi- cers and employees of the Department shall give such official bonds as may be required by resolution of the Board. (c) All of the provisions of Section 14 of Article VII of this Charter shall be applicable to the giving of offi- cial bonds by officers and employees of the Department, sub- ject, however, to the provisions of Section 25 of this Article. Section 22. Monthly Reports . The provisions of See - tion 15 of Art le VII of this Charter shall be applicable to the officers and employees of the Department, subject, how- ever, to the provisions of Section 25 of this Article. Section 25. Annual and Special Audits. There shall be an annual audit of the financial transactions and accounts of the Department, and the Board may authorize special audits thereof. Any such audit, whether annual or special, shall be conducted substantially in the manner provided by Section 16 of Article VII of this Charter for City audits. If auth- orized by both the City Council and the Board any such City audit and Department audit may be consolidated and made by the same accountant or accountants. If so consolidated the cost shall be prorated between the City and the Department in such manner as shall be provided in such authorizations of the City Council and the Board. If any such Department audit is not so consolidated with a City audit, the Board shall provide for the same, and for the payment of the cost thereof out of Department funds. 1'7. Section 24. Claims. The provisions of Section 1 of Article XV of this Charter shall apply to claims and suits against the Department, subject, however, to the provisions of Section 25 of this Article. Section 25. Effect of Other Charter Provisions .. (a) In applying to the affairs of the Department the Chanter pro- visions referred to in subdivision (d) of Section 10, in Sec- tion 20, in subdivision (c) of Section 21, in Section 22 and in Section 24 of this Article, and in so applying all other provisions of this Charter, not contained in this Article, which by express reference in, or by necessary implication from, this Article are made applicable to the Department, all references in such provisions to the City shall be understood as references to the Department; all references to the City Council shall be understood as references to the Board; all references to ordinances shall be understood as references to resolutions of the Board, and all references to officers of the City shall be understood as references to the correspond- ing officers of the Department, respectively. If any uncer- tainty or conflict shall arise as to the proper application of any such provisions to the affairs of the Department, the City Council, on request of the Board, shall, by ordinance, determine such proper application, and such ordinance shall be controlling as to all such matters of uncertainty or con- flict. (b) None of the provisions of this Charter, other than the provisions of this Article, shall be applicable to the Department, or to its affairs, except as in this Article ex- pressly provided or necessarily implied. (c) Without limiting the generality of subdivision (b) of this Section, it is provided - ( i) that the provision of Section 1 of Article XIV of this Charter that plenary control over use of all property owned, leased or controlled by the City is vested in the Council, shall have no application to any property owned, leas- ed or controlled for purposes of any works und- er the jurisdiction of the Department, but the Board shall have plenary control over all such property; (ii) that nothing in Sections 1 to 4, inclu- sive, of Article XIV of this Charter shall be construed as requiring the Department to ac- quire or obtain from the City pursuant thereto any franchise, permit or privilege, or as being in anywise applicable to the Department, and said Department shall have and may exercise all the rights granted to the City by Section 19 of Article XI of the Constitution of the State of California. and the right to use all streets, highirvays, alleys and public places within the City for the purposes of all works under its jurisdiction; Y ( iii) that nothing in Section 5 of Article XIV of this Charter shall in anywise limit the powers of the Department or of the Board under this Article, and that anything in said Section 5 of said Article XIV in any manner inconsistent with the Dr•ovisions of this Article is to that extent repealed. Exhibit "B" attached to Resolution No. 1053 CHARTER AMENDMENT 'NO. 2 That the Charter of the City of Huntington Beach is hereby amended by amending Section 3 of Article IX`, to read as hereinafter provided, and by adding two new sections to said Article IX the same to be numbered Section 7 and Section 8, the same to read as follows; Section 3s In all cases in which the City Judge is a party, or in which he is interested, or when he is related to either party in an action by consanguinity or affinity within the third degree, or is otherwise disqualified, or in case of sickness, or inability to acts the City Judge by written request may call in any City Judge or any Justices of the Peace residing in the County of Orange to act in his place and stead; provided, that should the City Judge become unable to act through sickness or other cause and has not called in any such i City Judge or Justice of the Peace, the Mayor may call in a City Judge or a Justice of the Peace of Orange u County to act in the place and stead of the City Judge until the next regular meeting of the City Council, at which time the Council may call in a City Judge or Justice of the Peace or appoint any qualified person to serve aB acting City Judge as long as such disability continues or such shorter period as the Council may 1 determine; and further provided, that should the City Judge be granted a leave of absence the City Council may appoint an acting City Judge who shall act in the place and stead of such City Judge so long as said leave of absence continues or for such shorter period, as the City Council shall designate, said acting City Judge shall receive such compensation as the City Council may decide. Section 7: If the City Judge or any one setting in his place fails to attend on the day appointed for the holding or setting of City Court, or on the day to which it may have been adjourned, within one hour after the time appointed, the Chief of Police or any police officer in attendance on the Court, or Clerk of the Court, shall adjourn the Same until the next day at 10.00 otclock A M. , and if no judge attends on that day before noon the Chief of Police or any police officer, or Clerk of the Court, shall adjourn the same until the following day at 10:00 o'clock .A. M. , and so on from day to day unless the City Judge or acting City Judge by written order directs it to be adjourned to some day certain fixed in said order, in which case it shall be adjourned. Section 8 The City Judge with the advice and con- sent of the City Council may appoint a Clerk of the City Court, which office is hereby created, provided, that any 2 city employee or city official shall not be disqualified, by reason of such employment' from holding said office, Said Clerk shall have such power and duties and receive such compensation as the, City Council may by ordinance provide, 3 Exhibit "C" attached to Resolution No. 103 ORDINANCE NO. AN ORDINANCE OF THE CITY OF HURT INGT Olt BEACH' CA LIF ORN IA, REPEALING ORDINANCE NO. 396 OF SAID CITY. The People of the City of Huntington Beach do ordain as follows: Section. l: That Ordinance No. 396, entitled "An Ordinance of the City of Huntington Beach Amending Ordinance No. 327 of said City Entitled 'An Ordinance of the City of Huntington Beach Licensing all Kinds of Business Carried on in the City of Huntington Beach' Fixing the Rate of License Tax upon the Same, Providing Penalty for all Violations Thereof, and Repealing all Ordinances or Parts of Ordin- ances in Conflict Therewitht" , be and the same is hereby repealed, and that Sections 4, 28, 28A5 28B and 28C of said Ordinance No. 327, as adopted, by said Ordinance No. 396' be and the same are hereby repealed. Section 2 The City Council may amend or repeal this Ordinance and may pass an Ordinance or Ordinances covering the subject matter of said Ordinance No. 396. l PASSED AND ADOPTED by the voters of the City of Huntington Reach, California, this --'-'day of 1948. MAYOR ATTEST City Clerk 2