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HomeMy WebLinkAboutProposed Charter Revisions of 1936 c i fl i I ' 1 PROPOSED CH TER OF TEE CITY OF MiTINGTON BEACH, CALIFORNIA. 3 5 ` � �- 6 kT TICLE 10 it Ila- e and Succession s u s , SECTION in The municipal corporation now existing and known 10 as the "City of Huntington. Beach,' California, shall remain and i z 11 continue a body politic and corporate in fact and in law by the i; g 32 nave as at present of "City of h�ntin ton Beach, and by such nave11 13 f; (( shall have perpetual succession.@ a 15 ARTICLE lie 11 a Bound Aries.x C- 1.7 � z it 18 SECTIOIT 1- The boundaries of said City of Huntington I� ls Beach shall continue as now established until changed as authorized 20 by law. �I 21 II 22 f ICI 1110 !` I 23 Powers of -the' City 1�1� 24 SECTION l The City of Huntington Beach, as successor in 25 intterest- to the nicipal corporati.c of the sane name ber nbefore ! 26 !I createdlind existing, shall hare;. own, hold, possess, control and. 27 l in every way succeed to and become the owner of all rights, titles, 28 !, 29 claims and interests and gll property 4f every kind and nature i it 1 have been introduced at least five full days, excluding the day of i 21 its .introduction prior to the adoption thereof. } 31 SECTION 2: Na ordinance shall have any validity or effect f , i( 41 unless passed or adopted by the votes of at .least three of the persons f s ' constituting the five meiatere of the City Council.- f 6 } I! II 7 SECTION 3-: The enacting clause of every ordinance passed or i 8 adopted by the council: shall be, 4The City Co€ncil of the City of s Hunting--ton Beach, California,, aoes ordain as foll.o t The enact3.ag i 10 clause of :every ordinance adopted by the people shall be, 'The people , 11 of the City of Huntington Beach, California, do ordain as fo3lows l 12 - 13 SECTION 4: Every ordinance introduced shall be: read upon its 14 introduction, and the s€m ehall be read a second 'time open the final ' 15 passage :and adoption thereof; rovided that. the second reeding thereof ` B 16 may be by title only: un2sss the Mayor or, any oounc grey t deg- 17 mandt. that 'the- s be read in-full. Any. - ordinim may 1�e amended. or 18 modified between the tea csf: ° .ts : trockotift, and=th+e y i of.Iis 1s = 20 fines- a aag r pti � d6d� -its genje d er g : °purpee-es. are re-ta3n 21 - 22 -SECTICK:61.0 OrUnanoetmmking 461ival: tad .e r n aee' re t� 23 to elections ordinanoes .releting to -b-ond `�.�sixes, ercll.n�c r�e2ati 24 to.street prodoed�a, rdinancea -as in this c,ther i:s 25 � specially-refined, the, :sni'usl appropriation ordinm' and rg a'y 26 measures' shall take° effect-.-at the=-.time. indicated hei�e�n. 27 A117- other ordinances p sed:_=by: the Coumoil $hall - effect at 28 29 the tine.`indicated therein., but not leas thm -thirtyI3OYdogs from the _ �. 10. j 1I date of their passage. Ordi=ces adopted by vote of the electors II z shall take .effect at the time indicated therein, or if no ..time be 3 spec%fled then thirty ( ) days after them adoption.- I 4 it 5 An emergency measure is an ordinance to provide for the � 1 1{ 6 ime€liate preservation of the public peace, property, health or safety, 7 in which the emergency claimed is set forth and defined, in. the pre- 8 amble thereto. The affinn,at ve vote of at least four (4) members {� of the. Council shall be required to pass any ordinance as an 10 11 energency measure. 12 No measure making or anending a gram, renewal or extension. 13 of a franchise or other special privilege shall be passed as an 14 emergency measure. No situation shall be declared an emergency by 15 the Couo.cil except as defined in this :section, and It is the intention 16 of this Charter that.: complian vi.th ;zuch def inition shall be stridtly 17 construed by .the Cc arts. 18 SMION Eves o e hall f it ed -and top cal jr n- 1s _ exed bars n book kept for that. c -shaU be cuthentidat a .b ..tie 20 z1 sigaatres of e - aor a - lr , air h . : sthorsedeput i 22 tom:: ten, da rtdaptis behly yished at least:one e 23 in a newspaper of general circulation published .and circulated n -the � 24 � City of Euntington Beach. in the event a _publ eation of any 25 ordinance -shall not be made within said ge ied< of -ten days htreinabOV `T 26 _ I desig nated, said ordinance sha3.I mot thereby be rendered null ,and vo Ia.. 27 28 but the. effective -date thereof shall be pos tpc�z ed unt11 the full period{ 29 of thirty- days shaU have elapsed after the publication thereof, c=--'=_-- - — - — -_--- -f�= , i 1 1 SECTI€H 7; No ordinance or order f or the payment of n.oney 21 shall be passed or adopted at any other than a regular meeting or 3 adjourned regular meeting of the City Council. l 4 SECTION S: Ordinances and resolutions are the formal acts 5 of the City Council reduced to meriting and passed under legal re- 6 7 strictions go ernir g action thereon. Orders -brace all other acts, 8 which being Less formal in character, require only to be duly passed - s by the Council and spread upon the Minutes. 10 SECTION' 9 All Ordinances., Resolutions or Orders in force at � _. 11 the time this Charter takes effect, shall continue in full force and 12 effect until repealed or amended as provided in the Law of the St4 13 I of California under 7.ich they, or it, vias enacted. 14 ! 15 SECTION M: The poorer of the City to acquire by purehase, 16 I gift, bequest.. or devise or condo ton, eor by any other mean; . within 17 or a.thdut .tie boundaries of ,said City, property both real and personal 18 -shall he ekerclsed. in accordance 'vith the provisions of the gehOra3 19 taus of the State of Califorzaa, as the same now east or ae they miay 20 21 hereafter be amended, unless otherwise provided by this Charter or 22 by ordinance of the _City Council. „ 23 _ I i . 24 A.RTICI VII 25 Off cers j Deputies ,.and 'Employees 26 t 27 f SECTION 1: The officers of the City of Huntington.-.Beach shall � 28 be five members of the City Council, one of mom 44all be chosen as 29 it 12. f li 1 Llayor; a City Clerk, who shall be ex-officio City Assessor, a City 2 ; Treasurer; a City Engineer, who shall, until changed by Ordinance, ;{ I , 3 {i be ex-officio Building Inspector and ex-officio Street Superintend- 4 ent, a City Judge; a Chief of Police, a City Attorney; a City } Auditor, a City Collector and a Fire Chief; provided, the Council may by ordinance provide for such subordinate officers, assistants, 7 �{ deputies, clerks and employees as they may deem necessary and may .� 8 fix their respective duties, powers and compensations. 9 i The Council may appoint any person, other than a member of 10 the City Council, to more than one office or appointment , provided i - llii said council does not deem the duties of such offices or appoint- I 12 ments to be in conflict, or the holding thereof by one person to be r 13 contraryto good public 1 g p policy. _ If an elective officer of the City 14 � under the authority herein given, be appointed to hold any ap point- 16 ive office created herein, or created by ordinance as herein pro- �j �i 18 vided, he shall be entitled to receive as such appointive officer 17 the salary or compensation attached to such appointive office in 18 { addition and without regard to his salary or compensation as an 19 i elective official; provided the duties of such appointive office 20 are not such as he would reasonably be required to perform as such 21 i elective official. All elective and appointive officers shall be 22 j I ii provided with a copy of the Charter of the City of Huntington Beach. l � l 3 SECTION 2; The City Clerk and City Treasurer shall be elect- 1 , f 24 ed from the City at large and shall hold office for four years and 1 � 25 `- until their successors are elected and qualified. All other I 26 j officers shall be appointive by the Council and shall hold office at I� 27 { the pleasure of the Council unless otherwise provided by Ordinance. 28 2 'I ;£ 13 {{ l 1 SECTIG p Vayor. The mayor shall preside at the meetings j 2 of the City Council, and in case of his absence or inability to act,-. li 3 the City Council ill appoint a mayor pro tempom, vho shall serve 4� 4 only until such time as the mayor returns and is able to act, and. iffi, o 5 for such period shall have all of the powers and duties of the mayore s ( y l 3 The, mayor shall have the power to make or second any motion &d 7 11 $ to present and discuss any matters, notwithstanding the fact that the � s I mayor is the presiding' officer of the couneil. In the case of the 10 absence of the City Clerk the deputy ci ty clerk shall act. If there 11 be no deputy city clergy, then the mayor shall appoint on6 of the I 12 members of the City Council city clerk pro t=pore. The mayor shall 13 sign all grants draw: on the City Treasurer, and shall ai all 14 written contracts and conveyances made or entered into by said city. 15 The mayor shall. -have power to administer oaths and affirmations, to 16 17 take affidavits tiid to teitl r f the Sane under- his hando The mayor zs is theri e to a .+ ie 6 ecuti.on. of alb �t eta >{ zs --execut by d cityl that are revised to be sclpac iic%ea. 20 In "the : ant of :acaey occurring in the office of the or. 21 for any `causs, the Council. l base the"author!4 to fall. such: 22 , aCOACy 23 y SEC`fl£�� ,Q Chief 'Of FoU- be* The Chef of Tolasee,shall be .die f I 24 25� head, of the,I'ol'es Department of the City Of Huntington ciC .€mod c e RaW may have all the powers that are hereafter oe .conforred upon_ 26 1 �i . � i ;1 27 y sheriffs and other Peace-.off e e�� bar the Ia .cif she Smote of �I 28 California. - It shall be. -his duty t,0 preserve the pubic pace e.nd 29 suppress riots tests and di:sturban.oes. His orders snail be P t 4 f 1 executed by the police officials, or watchmen of the eity, and every ' 2 citizen shall lend him aid when requested for: the arrest of offenders# 3 the naintenance of public orders or the protection :of lire and property., 4 II 5 He shall execute and return all process issued to him by legal f 6 authority. He shall perfom the duties of a regular patrolnan and 7 have authority„ and it is hereby made his duty,.. to arrest persons s N violating any lair of the State or ordinance of the City.:_-_ Those I 9 arrested for- violating City ordinances may, before or after trim., be 10 1 11 confined to the County jail of Orange County or in the. City jail of 12 the City of 11untington Beach. The Chief of Police _shall have such I 13 other powers and duties appertaining to his office as may be prescribed 14 by the City Council or rules of the dice Department* He shall 15 appoint and ranove all subordinates in the department, make ruleo is and regulations for the management of the depa-rtmeatV and prescribe 17 testZ and ex0pintions for persons In thgo .department, all an accordance 18 -v.th the provisions of this Chartirj, and subject to the _pros]; cof 19 20 the City Council. 21 WTIO ; 54 ty .�:ssessor There- shall be s Citsessa 22 f of vhic h offs ce the;<-0lty Clerk 41*1 be ox ffioio inctnbent. It 'Ahi I. 23 q, 24 be the duty: f;the we ar :a s soon after the first Monday of Bch 25 of each year, .a:s pr-aatcable ,te make a full,, true < correct �.ss�s 2s Went of `a11 : tab .e�.: rosrty. i t n the. 3. ortgtaB peach# :off d 27 or possessed an r nf1-boar&,_ or eorporatlan, at I : _ofplopk noon y 28 an the first: Monday in March of each year. He shall make out lists,: 29 giving the n es of timers and description end value of the ro er � g p P P S � !I lam f — u I! j �i 1 whatsoever, bath real and personal by said exists munieipal corpora , I� 2 tion had, owned, held, possessed, claimed or controlled, and shall 11 3 be subject to each and all of the, debts obligations, liabilities � II 4 i and duties of said existing municipal corporation. 5 6 SEGTICTT 2s The City of Huntington Beach shall have the 7 right and power to -make and; enforce all laws and regulations in re® $ spect to Mmic pel affairs, subject only to the restrictions and 9 limitations set :forth in this Charter; provided that nothing heroin shall be construed to prevent or restrict the City fran Oxercising Z 12 or consenting to, and. the CityIs hereby authori ed to exercise any U N 13 and all rights, powers and privileges heretofore or hereafter � 14 granted or prescribers by the general laws of the State; rovided m P 15 also, that where the general laws -of the-State provide a prooedure 161 for the crag cut anal enforcend .t of ant rights or powers belong-A17 �. z - ing to the: City,. such procedure may be followed. mess -a different ° 18 procedure is or shall be provided- in this Charter or,unless a 19 different procedure i - or shall be at y time Or frm time to tize 20 provided odinance a 21 22 It is_ the -intentian of- the ,peopl 6f the Cif of �t .gton 231 Beach n -a4gpUng this Gbarter, to` tak'e aAvantagge, anong other 24 things, of the provisions of the 1 14 Amenftent tt Section d of �I 25! II Article XI -of the Gonstitutioh .of the StAte of 'Californiagib it 26 Cities ' e Rule s to Municipal Affa rsa 27I 28 SECTION 3z . The City of HLmtington Beach shall have, Possess 29ff and exercise, and is hereby given and granted, all powers, privileges I� ?� 2m ll i it 1 and rights 4hich any municipal corporation may- lawfully possess or 2 exercise 'under the Constitution of this Stage Whether in municipal I� 3 ( affairs, proprietary matters or otherwise, and all powers, privileges �I 4 and rights necessary or appropriate .to a municipal- corporation and the � 5 general welfare of its imhab tants rich are not prohibited by the 6 � Constitution of the State of California, and-vhich it would be . caru- 4 7 8 petent for this Charter to set forth specifically or particularly; 9 each and every power wb.ether in municipal affairs$ proprietary matters to or otherwise vhieh any municip,41 corporation in: this State may n.ow--or 11I hereafter lawfully possess or exercis.e hereby , is heey given-and, granted o � o g �i 12 to the Cite of Huntington Beach :and by this ferenc-a the each 13 and every such .power shall be deemed :to be herein specifidally and 1 ' a 14 im particularly set forth, given and granted, the specification in any a 15 -a 16 other part of this Charter of any articular power shall be deemed merelya repetition of thal statement .of that `particular power and �0 17 z 18 shall not in any way be held or deemed to be a limitation upon the 19 powers hereby granted, . er as exclusive of any of the goers herein 20 granted or 'in ' rporated,lisp in -v re.ferenoee 21 SECTION 4a litent- of municIpal -jur diotion: The mW .i.aipal. - 22 j ,r ict o of the City of Huntington Beach shall a it to _the. 23 limit a-- auk hdaieS ":of sa:.d `;Ci;tata 24 25 ARTICLE. V. 2627 El @tlOn$ SECTION is The gembers o f the City Council. shall be. e)e ctea 28 from. the Cat at large by the qualified Diem of the City at 29 general mncic pal election to be held. thereat as h€ reinafter pi idea. TM `fie. i i 'l 1 SECTION 2s Qualified Electors. The qualifications of an 2 elector at any election held in the City of Huntington, Beach under 3 the provisions of this Charter, shall be -the same as those pre- 4 I, scribed by the :general laws of the State for the qualification of 5 electors at general State elections, No person shall be eligible to 6 7 vote at such City election until he has conformed to the general State �I 8 law governing registration of voters. 9 10 SECTI(V 3 Elective Officers. No person shall be eligible 11 Z to or hold my elective office of the. City either by election or ;o 12 appointment, unless he shall have been .a resident and elector' thereof � 6 a 13 Z for at least one: year,: next preceding his election or appointment® f 12< 14 m 15 SEOTI01 4a Election. Author ties. All elections provided. 16 for by this Charter, rIether for -choice of officers or pub mission of £. 17 questions to the graters: shall be cchductea .in sccordanc €ith the 18 s general electioh lam of the State of Califaia .applicable to cities 1s . 20 of the si h c ss and the pro i signs of such gcr era a ecti011 of the State v C 11forni.a. eh l apply o all such City eleet�ions 21 22 except when chcnngecl by this' Charter or by c r finance. cif the Camczl. 23 SECTIQT - fit, - , le tiQ a the zeturns. from each elect on 24 recanc shall beled nth the .C . yler� .nd shall be caned j 25 2s by tics al . Ccuricl a , the next regular meeting of such Council_ f 27 after the' -expiration of three (3) full .days after 'said election. { 28 Immealatel after the: result of the election is offsciall 29 4 -------— ---_ it-- 1 declared by the City Council, the Clergy:- shall, under his hand and the 2 official seal of said City, issue a certificate of election for each 3 l and every person elected thereat, and serve the same personally or by 4 rail on each such person. 5 6 7 SECTION 6: All elective officers holding office when this' 8 Charter takes effect .shall continue to hold office and exercise 9 their respective offices until the expiration of the term, to 10 ich they were originally. elected and until the election and 11 12 qualification of their successors, and said officers shall be en- 13 titled to re-election. All other officers and employees in office 14 or e=mployed shall continue to hold office and their respective 15 positions and to -exercise their respective duties and employments 16 until their may-be,removed as in this Charter provided, or the 17 election.: or: appointment =d. qualification of thai� �uccessore 18 lg SECTION'' 7'0 T" .thin not .more..than sixth* {60} day8 nor less 20 than thin. S4 € s after tha -a ra :3 -af thus- -Chimer e. ( PP.. 21 Legislature of the=State- .of Ca.11f orna, 'the City Clem jhl 6$31.a 22 r an -election; to`f ill the: aditirial offices mode le.eti.ve under 23 24 this har -far:.-and the offic r so eiBcted s .i 'hold � ff`! Os for the a 25 full term 8e sn tZf s Charter provided, sn -until their successors 26 are :eleeted 4$t general -muni,elpel eloctori and qualified. ii 27 E 28 I 29 1 ARTICLE V. 2 3 Legislative Power 4 5 SECTION Is All 'legislative pourers of the City shall be 6 vested, subject to the ter.",q of this Charter and of the Constitution 7 of the State of California, In a City Council, except such legisla4 8 tive powers •aa are reserved to the people by this Charter and the. . 9 Constitution of the State. 10 11 SECTION 2; Council. The Council shall be composea of 12 five (5) counci n including a mayor, and shall be the legislative 13 bore of the City, each of the manbers of uhich, including .the 14 _ mayor, shall have the right to vote upon all questions before it. 15 16 The members of the City Council .shall be elected as in 17 - this Charter provide€l and shall hold -off ice for four (4 a r$ 18 and until their: successors are elected axial €ivalif ,ed. 19 20 Any vacancy occurring_ is the Council shall be; €Illecl 21 by the remaining tounc Unidn, ;but in .the e vent that said re�uain% 22 councilmen` fin to fill "such vacancy by t�pp en wi ointmthin thirty' {St1} 23 - days after the -Vacantly occurs, they must 3miediately .cau°se an election 24 25 to be held"to f it 1 such vaccy `_pr� �ided, mover: that ant:. 26 P era 4 trinted to fill such vs ari sh ll.:`hcld''aff�:ee on3 ti3 27 the ne � regular municipal election, at ` hi.ch date -a person `shall °be 28 elected to serve for the- remainder of such unexpired terms.. 29 , ,I I � 1 In case a member of the Council is absent from the City for a i 2 period of sixty (60) days, unless by permission of the Council, his 3 office shall be declared vacant by the Council and the same filled 4 as in the case of other vacanciesd 5 6 7 SECTION 30 Meetings. The City Council shall meet on the 8 Ionday next succeeding the date of the general ��un icipa:l election.. 9 Each newly elected member of the City Council before entering 10 upon his duties shall take the oath of office. At said meeting the 11 Cite Council shall choose one of its number to be 'Ayor. The 12 13 City Council shall hold regular meetings at least once 3n each. 14 month at such times as it shall fig by ordinance or resolution and 15 may adjourn any regular Meeting to a date certain., viha.ch shall be 16 specified in the order of ad j ournment, and, vbex so adjourned, such 17 adjourned meting shall be a regular meeting f ar all pur ►sere- 18 Such adjourned meeting- likewise be adjourned and. hen so 19 � � adjouried shall. bs a regular meeting for all purses. 20 — 21 SPecial, meetings mad be called at any. t: e by the. y r� -or by 22 embe .. � o . three 0) ;mrs off. the City Council, by_written- notice delivered; . 23 personally.to ,..each mercber:�t least :three,; 3� hqur�. .b ore `the .time 24 25 epee3f1ed. `€sr the prapc sed- eetin provided h� �rer* that. y special. meets of the city Council shall be a validly called special 26 m 27 eet, ng,, Mout the giving of such written notice, as above provided-, 28 r 29 7. - 1 if eLU members of the City Council shall give their consent in. writing , 1i 2 f to the holding of vach meeting, and such consent is on file in the 3 office of the City Clerk at the time of holding such meeting. A 41 � telegraphic comamica4ion from. a .councilman consenting to the holding , 5 of the meeting shall b de e a consent in writing, .thin � me _ g � e em d_ to be �� _ 6 _ the meaning of the: terms as expressed in the foreaong sentence, 7 j s At. any special meeting; the power of the City Council to transact business. shall be limited, to matters referred to in such written j 9 _ 10 notice or Witten consent all meetings of the Gity Council shall. be I� 11 held VaUhin the corporate _limits of the City at such place as may be `y 12 designated b orainsnce and shall be ublic* i �' P it i 13 , the went that any order of aajoumment of a regular meeting 14 falls tc state the hour at which any adjourn cl Meeting le to be held 15 such :adjourned meeting may be validly held on the day s el efied is16 !, the order of ad jour=ent if held at the hour set forth in the. 'I 17 18 ordinance or rOsolut on preseribing the t3 for.regular eet1AP : 19 - UCTI N . 1�x At,l any-m etIng o f:. the Cy r � 20 majority of -A#id atunc ., sball constitute a quote for the transaction 21 of business# but a Iess number rAy adjouiiillrdm. tie o- tim - .d y 22 compel the,attendaoe of sb4ont ,nenbe,ris in Such der, and -under. such 23 pens3.ties as mey be: prescribed by: ordinsn.ee�-, and in the, absence of 24 f � 251 all of the Cit Council from an- � lar et:�g or `Ioulned meeting 11 3� I' X 26 the City Clerk may declare the same postponed `.and adjourned to a k i 27 stated day and hour$ and must thereupon deliver or -cause to he 28 delivered personally to each amber € f.. the City Council a written l� } 29 notice of such adjournaent at least three hours. before the t1me to I 4 4 j 1 which said regular or any adjourned regular meeting has been adjourned , 2 SECTIC ':5: Council Rules. The City Council :shall judge. of the 3 qualifications of its menbers and of all election returns:, aid de- I� 4 termine contested elections of all city officers. It mar establish 5 rules for the conduct of its proceedings and punish any member or 6 7 other person for disorderly behavior at any meeting, it shy cause 8 the City Clerk to keep a Correct record of all its proceedings and s at the desire of any member, the City Clem shall call the roll and � 10 shall cause the ayes .and noes taken on any question to be entered in i 11 the record -journal. l 12 SECTION a: Official action. The City Council may take official 13 action only by the passage or adoption of ordinances, resolutions or ` 14 l 15 motions; provided, that any action of said eouncil ,fixing or prescrib- 16 ing, a fine, punishment or penalty, or granting any franchises shall 17 be taken by ordinance. In the -absence of a express provi`szon to is the contrary In said constitution of the State of California# or this is Charter.. sa%d City Coi=. J . m ahoose any of the foregoing three 20 methods for taking such action, 21 The City Council may enforce all orait-Anc-004 resolutions. rule 22 and regulations: made by it, sn& may do and perfom, and all other 23 acts and thugs wb.ich away be necessary and proper or convenient and i 24 I 25 proper to carry 'cut the powers and purposes of the City of Huntington 26 Beach,* 27 ARTICLE VI. 1} if 28 Legislative Procedure ! 29 SECTICK 1. No ordinance shall be adapted unless the sane shall �1l II li 1 fa3.la� r the form, as nearly as may be, required by the laws of the ;I 2 Stag of California governing County .Assessors. l 31 SEECiIOI 6: City Attorney. he City attorney shall be an 4 � 'I attorney and counsellor-at-law, duly admitted to practice law in the State of Cal.iforaia. He shall have been actually engaged in the 6 7 practice of the profession of lair in this Stag for a period of at 9 $ least three years next before hi seleectimt It shall be his duty$ x 91 i&en c irect ed by, the City Council, to prosecute on behalf of the k � to people all criminal cases for violation of this Charter and of city 11 ordinancas : and to attend to all suits and other matters to -*h Rch � 12 the City Is a party, or in Leh the. City may'be legally. interested. 13 He shall be in attendance at eery meeting of the City Council unless 14 excused therefrM by the Ka:yor or the Council-. He shall give his , 15 I advice or opinion i 16 ni n n vrlting vhenover required by the City Counoil. 17 or ether officers. He shall be she ;legal advisor of all c3'�y 18 officers be shall apprgve :the- .�ozus: of ll..bond -gly ta. . �. aal, ; is ccntrdtss .th the he rem refired=by;the � 1 20 or .any metier `therccf, d aft aU proposed or i�ceo for the. its- 21 a�en&meata thsretd and `sh .l d0: s . erfc� 1a such tc o 22 ff1 - his o - e as -'the Couricj may require of 23 f, I 'I Ee shall receive as co pensati.en-a Sala to be fixed-by 24 25 �' ordinance or resolution and he shall receive: in addition th 'rle � such 2s reason .e additional fees or copensat on as the: City Council may {{ b�.27 allotfor pro before cu ourt,. b rd- tri � I 28 off icer:. or caission in viie'_>�. he has been directed by the Couuail -to 29 act or appear €nd .as.so mien allowed by the coucil extra compensation i ii II � I 1 ; for bond issues of all kinds and for any service which the City ZjI Council may deem extraordinary, i 3 !� The City Council shall have power to direct and control the 41 prosecution and defense of all suits and proceedings to which the I+ 6II City is a party or in which it is interested and may employ special 6 i! counsel to assist the City Attorney therein and.provide for the com- 7 I pensation of and pay such special counsel. I g � The City Attorney may appoint a secretary at such salary or ; 8I; compensation as the City Council, by ordinance or Resolution shall 10 j prescribe. - C SECTION 7; Treasurer. The treasurer shall receive and 12 i'; safely keep all moneys and securities belonging to the City, and 13 �i coming into his hands, and pay out such moneys only on warrants 14 signed by the proper officers and not otherwise, for claims or I 15 �; demands which have been previously allowed or approved by the City 16 �I '+ 1 Council. The treasurer may deposit all or such portion of the 17 �I public moneys as may be determined by the City Council in any bank 11 authorized by law to receive deposits of public money, in accordance 19 with the provisions of the Constitution and the laws of the State iII 20 I II of California, 21 He may appoint such deputies and employees .to assist him at 22 such salaries or compensation as the Council may by ordinance or 23 i' resolution prescribe, 1j 24 I� I The city treasurer shall perform such other duties as may bet; 25 prescribed by this Charter or by resolution or ordinance of the 26 j City Council. y, 27 ff ;i !I 281 SECTION 9; City Clerk. Until such time as the Council of I� 3 291i 1 said City shall otherwise by Ordinance provide, the City Clerk i . it I - - _ 17- -- -------------------------------- - -------------- i ,! 1 � 'i shall be ex-officio City Auditor. 2 (I i The City Clerk shall, subject to the approval of the City 3 { i Council,- appoint such deputies and employees to assist him at { 4 1' such salaries or compensation as the Council may by ordinance I or resolution prescribe. 7i� The City Clerk shall have the custody of and be responsible { 81 for the corporate seal, and all books, papers, records, contracts 8 , and archives belonging to the City or to any department thereof, 10 not .in actual use by other officers or elsewhere by special pro- { � 11 vision of this charter, or by ordinance of said city committed 12 �{ to their custody. is I 13 �4 The City Clerk or his deputy or assistant, shall be present 14 at each meeting of the Council unless excused therefrom by the 161 Mayor, or Council, and keep full and accurate minutes of its pro- - � ;{ 16 ceedings and also separate books in which, respectively, he shall i 17 record all ordinances and official bonds; he shall keep all of the 1 i, v 181� books properly indexed and open to the public inspection when not lg in use 20 { The City Clerk shall have power to take affidavits and 21 --administer oaths in all matters relating to the business of the 22 -city, and shall make no charge therefor. 23 The City Clerk shall perform such other duties as may be 24 prescribed by this charter, or by resolution or ordinance of the 25 1City Council. 2e i SECTION 9® City Collector. It 'shall be the duty of the Col- { 27 28 lector to ,- collect all taxes levied by the Council and other moneys due the City. He shall, at the close of each business day, pay to t � 29 I ;i i i 1 I treasurer all taxes or other funds of the City collected by him. � 1 _ 21 durin such day or in his possession, Upon :receipt of any tax list 3 �, he shall give his receipt therefor to the auditor, and shall,. ,upon 4 delivery to the auditor of the delinquent tax list, take his receipt 5 _ for the seine. He shall be charged with all taxes levied upon real 6 7 and personal property within the City upon his receipt of the. tax 8 list from the auditor. He shall be charZed with and indebted t© the 9 City for the full amount of all taxes due upon delinquent .liste de- t ` 10 livered to him for collection imle ss the council deteri-,.i.nes by resolu- 11 Lion that he is unable to collect the same by levy and sale of the 12 property assessed therefor. He shall possess such other powers .:and 13 perforn ;such additionaRl duties, not an: ,confl.iot with this charter, as 14 nay be prescribed by resolution or ordinances and his salary shall be 15 16 fixed by ordinaner-3 or resolution. 17 SECTICE .. o Auditor. No one shall, be eligible for ale cti€ : 18 to or to hold .:thee off,ioe_ of.:aua for ,who .is not t fa19 ed as �runtant . or, ho -nos not .-heal t least: hre . ears _ xaet 20 21 e_nce i:- a000urit p arc oo eiklhg. he=s ditor =sh l be- the=. 22 gereral aecc2tant -of t Citryeh3i retain drasere hf 23 office all &ccaunt . bo s "vouchers dace %ts mid �*�� tzng. 24 to the ache and cintract'� of the` City, its deats revenues' and_Other 25 financial `affairs. Tie shall hem as accotmt of al I r-one�rs. paid Into 26 and out of the .treasu_ treasury, and shall _approve all.. lawful d.emands TTe 27 IM shall alaysQ the exact ovndiEio ©f the treasury. He' sha13 28 2 sp ,rove no aemmia unless the s has been alto vd by the Coumi :and he is satisfied that the rioney is lfi ally due. He shall possess such 1 � other powers and perform such additional duties as provided elsewhere, 21 in this charter or as may be prescribed by resolution or ordinance. II �I �1 311 SECTION 11: Qualifications of Appointive Officers. Except 4 as otherwise provided in this charter, all officers of the City � i shall have been a resident and elector of the City of Huntington 8 � Beach for at least one year next preceding his appointment; provided,, 7 � however, that this section shall be inoperative if it shall be 8 ) determined b the vote of at least four of the City Council that y y t there is not a person with such a length of residence whQ is other- •5 10 11 ' } wise qualified for and acceptable to fill said office and who will accept the same. i 12 i 131` SECTION 12: City Engineer. The City Engineer, by virtue of his office, shall until changed by Ordinance also be Street Super- t! 15 intendent, and Building Inspector, and shall be appointed by the 18 City Council and shall be a civil engineer licensed in the State of 17 ! California and of not less than three years' professional experience,:; 18 . , He shall receive such salary or compensation as the City Council 19 sliall by ordinance or resolution prescribe. He shall perform f ' 20 such civil engineering and surveying necessary in the prosecution 21 �4 of public work done under the direction or supervision of the City 22 Council as- the` said council may require. He shall make such certificates and reports upon the progress of such work, and shall 24 I make such surveys, inspections -and estimates, and perform 25 28 {i 27 I. 28 29 '? fi f� i; 200 { 1 such other surveying or engineering .work, as may be, rewired by late 2� or ordinance .or by resolution or order of the City Council_ . i 3 . 4 He shall have all the powers and, perform all the duties imposed 5 upon him by :this Charter, the -ordinances of the City of Huntington s 7 Beach and the orders of the City Councils and shall be the custodian $ of and responsible for ,all maps, plans., profiles, field notes ,and 9 other records and memoranda belonging to the .city pertaining; •to his to office and the work thereof; all of which. he shall keep in proper 11 order and condition,. wit'n full index thereof,, and shall turn over. 12 the same to his successor* 13 14 All naps, plans, profiles, field notes, estimates and other 15 memoranda of surreys and other professional work made or done 16 _ by-ham, or under his direction or control during his term. of 17 offioe, shall be the property of the City of Zn.tington Beach. 18 19 20 S f d .City . ,'ng nee'r* Street Superintendent, and Build* • 21 -- ln po for ' a int .,:such. assistalAt d uties zcleri _ steno �. bare 22 and :other persons at such _salaries -or cowensation as the City eounail 23 24 _ 25 26 I i 27 1 lk. II I ' I 1 by ordinance or resolution shall prescribe to assist him in either 2 his capacity as City Engineer, Street Superintendent or Building 3 inspector. 4 �I As Street Superintendents subject to the provisions of this � 5 Charter and all ordinances of the City of Huntington Beech and laws 6 I of the State of California _=plieable thereto, he soli manage and 7 . $ have charge one of the construct , improvement, repair and maintenance, 9 and the keeping open.. and unobstructed, of streets, sides, alleys$ it 10 banes, curtsy bridges, viaducts -and other publi c h .ghTs of sI2 �1 11 suers, drains,, ditches-, oUvert`a,. canals, streams aid: vater courses; i f 12 of boulevards, squares and other public places and grounds belonging to j to the gity or dedicated to public use, except waterworks, parks, M 14 playgrounds- and school grounds, and property. He shall nahsge market i 15 houses, free Markets, sewage disposal plants and farims, garbage cis- 16 4 t_ posal 17 cyst i_ plants -and words; and ate: other_ public. rks 'not other- 18 :se .provided.for .n _:this _C�iarter . . ahal3 have char a of tie enforce 1s merit of . . . he ablgato of privately ; car, _tp -rated public Util.�.t10 enf rc bl" the t ter ` ��oe t Q her �e ' molded .�.0 K 20 i p 21 this. charter. He. .sh .l �: e .ofr the c3eni sp� g And 4 22 li ht` I g Ong _cof streets _ 4 Other_:pub�:�c �I. � t�e b A aot�on and 23 h 'posal :of garbage d caste; the p ea . d all: contracts, gapers, 24 e, ..the lants . tools machine and aI)A aes belong n #25 i I 26 aPPert mini. to said -de t. He shall. do and perfoit Is ach- ether 27 duties :and 'assume charge sand :ont o<--of zu.ch otber darks, :plantz or �I 28 departments net -otherwise r ed for te . enter,' :c Z hereafter. raY be ' as fined to h�a -dsp ant: by ordinance or solution of the 99 I I 1II City Council... 21 Az the Street u er ntendent . Ise shall possess such powers � p II 3 as. are designated b ord nance and as Build' l 2s ector he shall +' ` � p 41 possess such po rs- as are designated by ordinance* 5 SECT I0V i_3: Fire Chid. The fire chief of said city .shall s be the head of the Fire De-par :ent of said City an.d, subject to the 7 $ control of the pity :Cauncil.,: shall have general supervision and 9 management of the Fire pent* to He shall perfom such other duties as the council nay frm 11 tme to time imposed 12 SECT!%Ti* Bonds of Officers. Officers and employees of the _ 13 City charmed with the collection or custody. of public -money before- 14 entering upon .the discharge of their officis:l duties, shall give and 15 execute: to the: City their official bonds and other officers and 16 17 employees 'shall give such official bonds -'ts nAy be required by this 1s Charter or :ordinance of ss .d Cityftxn ington Beaches a is - The . e anonr bf :all,; ffcisl bons acl st 20 tom, odznanc ar: reso21 le tion i zo ease o d ere a the p t -um �f � .i: s�eh bc�tds k22 Eas y bo €d iv die: Gi b -bra zu� eet to ppra a b 23 } the pity Colinci : a .t4 iffl cie ,. aad h the CitZ tterr s 24 - fonn All zuch 'boads: shall be 1U-d. in th ffl -of the:;ity 0I.eF� 25 26 excepts the ._ f the l y :C : rI : Bich ia11 be fi10 in the 27 office of the City Treasurer* 28 fiery bond shall -con in a c.a�d ta€�xt- that the principal 291 kmill erfom all :.off is . duties .`' P unposed :uponr requ red of him by lam i I or by ordinance of said City of Huntington Beach., or by this charter, � 2 and that at the expiration of his term of office he vill surrender 3 ti to his successor °all property, books, papers aad documents that nag 4 cone into his possession as such 5 The premium or charge for all official bonds of all officers ' ; 1 6 ! and employees of s€la City regaired to give bonds-,, 'either- by this 7 $ Charter or, by general law, or by ordinance or resolution of said City, shall be paid by the, Cit e ILO SECTION 15.s i'onthly Reports: All officersvng the 11 celle etion. of`public-noneys­ or the custody thereof . and all officers 12 and e l oyees regaired by or4inance so to cloy shah:, suit monthly. 13 financial: reports to the City C61innc l In vritinnr which said reports � 14 shall be pe.mmanentl� filed th the City Clerk of ter the Council shall 15 16 have `3: spected e�?d t eted upon the sae: 17 SECzICIN -14: Annual end Special Audits: The City Council is she:I3 employ € public accountant or fig of certified public account 1 a .ts�_ or a public accountant ,fwilllar with municipal ana vernma ntal 20 affa to invsstigate jhq tranaactiox and ac°ct unts 21 - allafficrs ,mod omp .oee hag the �alletion, cat€ y or ,di.ab�tr .e 22 went of:A, blie money r prapert� or the pe er t4 .ppz ve alrloar car 23 audit demands on the treazux�: er-d;saki Gi oune'll euthorile.:such 24 tC , 25 accountaat ar :fig of ccvuntan' s .t4 make an investigation -at., , 26 a'. .-U,'reference to any :condition '7relating to the affairs of :=14 j 27 City of IluntingItOn Beach or,any officer. or ;pployee c-onh etea thoarqwith 28 . angWynaer- ch said council -a- require -a,,. :$ 1 29 rr6rt cteei the` offers of s d Cif: 24 f SECTIGT i�r- The City Council may submit to the electors 21 at any general _dr, spe.di-al election an ordinance providing that the 1 3 l elective dfficers, or-anY:of them, other: than councilmen, may- there- 4 after be appointed,; or an ordinance:_providing that the appointive s officers, or any of the e, sha1.I thereafter be elective off leers,g s provi.dea j that-. ;the provisions of. the initiative shallepply hereto. 7 9 In the event the. elective officers, or any of them 10 are made. appointive then at the e�_�ration .of the terms -of office . 11 of the then incumbents -,of szch offices, or upon the occurring of a 12 vacancy in such:raffles, the offices anal ...be filled b a-ppozntx nt 13 � by the bity Council and the officers so appointed shall hold office ' 14 � at the pleasure of -tha Councils or° for such teem as may be; provided 15 in said ordinance. 18 17 In the event a point ve--off lees. are. made a ecV1 Ve then said p . ,office. or Officers shall °ther after.. be: elected ;for. a t r of fcror { 1 � 19 'years-, At,. the: nee .x'e lrsr:el,e. tlog, or at a Voci eleotionn when:: 20 Maid ord, narce -so provides in the .ve# the offlaos are fined by. 21 22 a special eleet the term oi' t�ffce ehal . dote from the .n est . 23 general, nunU.cipal eleetioh; provide - however, that where eppcint 24 iVe offzcer is alaointed far r . definite terms, his successor .shall.. not be elected until the e i rati Mn of said torn.. 26 2? ARTICLE ' VII. 28 oc iss ons, Do Merits Bnr�sus29 g SCTIO IsIannizg G;aaEll en. A i,t ply c .seican 25*1 --- i i 1 may. be created by ordinance and in such case said city planning 2 cer=_ission shall: be vested with all the powers and shall discharge II s 3 the duties a:s. prescribed by such ordinance. 4 I �� SECT IM -26 ;health Npartment. A City health Department may 5 be created by ordinance or resolution and in such case such city 6 7 health departuent -shall he vested with the powers and discharge the duties prescribed by ordinance or resolution, or the City Council may s x 9 in lieu thereof arrange an agreement with the County of Orarge by which 10 the City and County Health Departments may be consolidated. 11 SECTION 36 Public Library. A -Dublic library or libraries 12 for the Cit of HuAtin�ton Beach shall be .ma:intained and managed in Y a 13 accordance with the provisions of the general laws of the State of ' 14 California as ,the .same nog exist or as `they may hereafter be attended. 15 16 SECTION 4a Other Agencies. Creation and deli nation of the � 17 powers a ds,nd duties of other bo€ departments o=isslons .and 18 agencies shall be within the, discretion of the said city council .to _ _... i19 f e �ed: may, of ordin n ce. .r: 20 21 ° ARTICLE- 1X. E 22City+Court 23 ;z SECTIGN 14 judicial peer of the City of Bui�tir#�;ton ' 25 Beach shall be vested=. in 4- city court*:--vh1oYcourt is. hereby estab- 26 lished; The Gity` Fudge- sha l.kola -said City Court and sail eo rt 27 shall have jurisdiction concurrently With the Justice's Courts, of all 28 actions and pi-oceedlit, s�- civil end criminal, arising within the 29 corporate limits of the. City b of Bunt' ton Beach and wh oh:,might be ii ,i 1it tried in such Justice' s Court. Said City Court shall have exclusive 11 2 ;I jurisdiction of all actions for the recovery of any fine, penalty or 'd5 3 i forfeiture not exceeding Five Hundred Dollars ($500.00) , prescribed 4 4 for the breach of any ordinance of the City; of all actions founded �I upon any obligation or liability created by any ordinance; and of all 'J prosecutions for any violation of any ordinance. The rules of 7 y! it practice and mode of proceedings in said City Court shall be the same as are or may be prescribed by law for Justice' s Courts in like .a 4 cases. Appeals may be taken to the Superior Court of Orange County, 10 from all judgments of said City Courtin like manner and with like 11 1 effect as in cases of appeals from Justice's Courts. 12 13 SECTION 2: The City Judge shall have the powers and perform r { 14 I1 the duties of a magistrate. He may administer and certify oaths I� e' 15 and affirmations. 161! SECTION 3: In ,all cases in which the City Judge is a party, 'I 17 �� or in which he is interested, or when he is related to either party 11 i 18 in an action by consanguinity or affinity within the third degree, 18 or is otherwise disqualified or in case of sickness or inability to 20 act, the City Judge may call upon any Justice of the Peace, residing �� k ' 21 in the County of Orange, to act in his stead. i� 22 SECTION 4: A Justice of the Peace shall not be disqualified 23 from holding the office of City Judge. 24 25 SECTION 5: All fees and fines received or collected by the 26 said Court shall be the property of the City of Huntington Beach and ;! 27 28 2S } j 27. i 1I� shell be deposited vdth the Treasurer at least once each week. 2 SECTION 6s_ 'the City Court shall have a seal tearing the in- ,I 3 seription City Court, City of Huntington Beach., California (i 4 ARTICLE X. 6 Public Work, MAteri s -and supplies and. emergency Expenditures 7 8 SECTION lg In the construction. erection, improvement and 9 I , repair of all public buildingo, ,an d t reks, in all street and saner ' 10 wor&., in, all'woeks for protection against overi`1m,or ergs gn as in 11 .... .. - all other w rks prosecuted. by.,or on behalf of s ad q. in the 12 pu rchasing Qr ac u o anyszp 3aee , orir13 . 14 L-aterlals. .for use in or about the tmej iiien the expenditures required 15 for the sar:�e_ exceed Pie surd of five hundred ($ 0*00) dollars, . the 16 , same shall be. done by aontImot, and -hall be let to the to st. { 1? . respo"ible bidder after .notioe- of..publication in the offio al piper 18 of Gild e< t ._ ive pub,.11qhiw such. notice by two �ns'ect�tive 19 Bert ons In such tp ue r o Ore t tents days xxor less b 20 seven da - price to the tip food ,in suph notice for the op n :and . 22 22 deol$r .nq ofh .b uchcte hallt the gr ohcter ;I e cc to deand the wtture nd � of;2 24 meterI A e#clu3 ent,: spp ratus or stop des- to be f urai,shed25 , $_ 4 SkTIONIV The C%t ounc l zie j,ect .any:and all bids p re- 26 seated and re-adve:rtIse in f ts, discretion. �Zrther, after 27 ing bids-;_.said Councilmay dscla re and ,:dets: .ine by at Ieast a f !' fifths vote of 41 Its Membeps, that in its ©pWon the vork.14 29 , 1 question may be perfo-med more econom-11call.y by ddy labor or the ell materials or supplies furnished' at a lower price in the, open naerkeet � 3 and after the adoption of a resolution to this effect by the vote above 4 required, they may proceea to have the work done, or the materials;, 5 - _ equipment, apparatus or supplies furor zhea or purchased in. the Winer 6 stated Without further observance of the provisions of this article„ provided further: filet in case of a great public ca;la ity such as I. s _ a 9 extraord-inary firs flood s to ., epid n_' c or other diSaAstery the to City Council xay# by resolution passed by vote of four-fifthz of. al- 11 its members declare and deten-an.e teat public interest and necessat 12 demand- the iz ediate expenditure of public money to safeguard life, } 13 health or' property;,, and thereupon it may proceed to expend or enter r� 14 ._ into a contract lnvolving the expenditure of exq sum required in auch. 15 emergency. In, the event there is more than one newspaper of general. 16 17 circulation printed and published in the city, the City Council shall, 18 annually,., p or to the begs hnihm of each .fiscal ye bUsh A notice 19 iAi tng bids, d contact for the publication of all I.e .Ic� ic 20 requited to , publ .shs :n sp par of g+ er , _;Irc slat on. printed 21 and pub3: .6hod iii sa$d Cif. . Said: contraot :wha11 include the pr nt g � and , ublis _ p hag of a1.3 such legal. notices duraug the end fast - . 231 In the a ex t there . v one newspaper €Of general ci , . ion;prsnted N 24 and publisod .n sa id: xt . then the .Citycil shalt heave the der 25 26 to c©ntract with, such z paper for tee print` and purlishu -of 27 such -legal notices Without berg required to advertise for .bide therd, 28 MOTION 3 Nothing in this Article contained. shall be con- 2s , strued, as applicable to York or materials, eV19mOnt, apparatus. or 29. k supplies to be paid for by special assessment on property benefited , 21 thereby, but in all such cases the particular laws applicable thereto 3 shall be observed, otherwise the provisions of this Article shall be i 4 followed. I 5� 6 ARTICLE RI. 1 7 Taxation, Equalization and Finance i r 8 SECTION 1i The City Council shall have the power$ and it shall 9 be its duty .. to provide by ordinance a system for the assessment.- 10 le and collection of all city taxes not inconsistent with the pro- visions p , visions of this chapter- Nothing herein shall prevent the City � 12 1 1I . 13 Council frc ra exercising the power granted by general law of the 14 State of California relative to the assessment and collection of `I li as 15 taxes by, county officers. All taxes assessed, together with any I� £ 16 percentage imposed for delinquency and the costs of. collection, shall j 17 constitute liens on the property`assessed; and over, tax upon personal 18 ro rt: shall be � lien u on the real ro. art i:f`the _OVmer _thereof. Thhe -liens provided .for in this section shall attach as of the first 20 Monday in 1%rch of eaoh-year,: 'and may be r or+ d b a sale':r .the 21 p p y _ - and the execution and dsli of all 22 ry real ro ert affected n; 23 necessary -�cerytifieates and deeds""- therefore under auch g tons as 24 may be prescribed by ordlAdzioe or by cti on... ,wry` co1irt ,of:-cc�petenti i 25 real jurisdiction to f Qr�close:auGh Izens. n property t ld fog Bch j 26 to xes shall be subs to redemption Within a redemption per%od "of 27 at least fire yearn �e�r�d ugcin'such tense the Gty Council may 28 prescribe by ordinance. All deeds made upon. any sale. of p�perty for 2 taxes or special- assessments under'the progiaiohs of -this chapter shal I I 1 have the same force end effect in evidence as is or may hereafter ` 21 be provided by lam for deeds for property sold for non- payment of county taxes. it Every tax has the effect of a judgment against the person, and eve lien created by this section has the.-force and effect of an {j a � execution levied against all property of the delinquent. The judgment t s is not satisfied nor the lien removed until the taxes are paid or the j 9 property,..sold for the payment thereof; provided, that the lien of 10 , every tax. whether :now existing or hereafter attaching shall: cease to j 111 exist for all purposes after .thirty years fry the time said tax 12� II became a, lieu; and every tax -whether now existing or hereafter attach- 1{ ing shall, cae.se -to ;exist for all purposes after thirty years. from the 1A j time said tax became. a lion; and every tax %hether now existing or 4 15 hereafter levied shall- be conclusively pr sune€l to have been paid after l 16 1� 17 t' irty-years frw the tip_-th-e same became a lien, unless the property 18 S subject:. ther-etq.has been. sold in the,, manner -provided _by. lair for the 19 payment '0f said tax. 20 SECTION , pity Council ehs . meek at 7so Pe If ar the 21 second, oaday of qulyL_ of each year, end sit .aa e. board of :oqua.lizatio 22 and shall ntinue seso -fe :day tc� day .uti]. 1 .=:flees - , I 23 r I of_:the :asseae r hh ve beef :reo if is : lt- ehaU V'6- _to i"r !� - 24 - 25 canplaintsg ,nd . a:c recta ci ify or. strike.opt any,"ie ek nent made !j 26 by. the. assessor,.and:mays of ; s._o i motion ise any .assessiextt! ups notice.:to :the' past ©se.;rise ent:is to be -Imized. The- corrected 27 y 2E list,,for-each tax: shall b,-6.,-the... asse4=ent roll. for: :said tag for:said �s year. It shall b3e certified .by the:City, C. a; sh . set as le TIM I it �IC1 1 of the board of equalization, as being the assessment roll for said 2 taxi and daall be the asserucmen:t roll upon which said tax is to be 3 levied in said year. Notice shall be given of the time and place of sitting in such � 5 Iif manner as inay be prescribed b ordinance. I �I 7 SECTION 3. Special. Taxes and Bonds Whenever the Council shall � 9i $ determine that the public interest demands an expenditure for municipa ' 9 purposes rich can not be provided for out of the ordinary revenue 10 ( of the City, it may submit to the qualified voters at a regular or 11 special election, a proposition to provide for such expenditure,' either 12 by levying a 6pecial taxi or by issuin:g bonds., but no such special 13 tax shall_ be levied nor any ;sach bonds issued- unless authorized by 14 the affirmative votes of twowthlyds of the electors vot1ng, at such f 15 I h, 16 election. No bonds shall be issued to meet current expenses. 17 The proceedings. for the voting and issuing of bonds of the City Ls shall be had in such a per and fom and under' such conditions as 19 shall be provided fram time --to time b�b ener . laws-- J 20 = ICI ZT t 21 Cons Ifdetion,,eat Jnnex& - o >2 _ CTION : Abe City 4f Bu tingtan>�ch' a ` er vl to th > any ath � e .. ontguozsalpsl et�rgtivf the Mete ofa3fca, ;5 under< .pursuant `to the p ro�siw s of of sad d atate mg r be appli cable `to t14 he oona,.Mat on of s eh: ie gal corpar ,tions �I) .6 :7 at the time thereof pr©vided , ho4er, that no sued 6on8oliatlox3 �{ ;s Ili or her. ich the °sad d City of Bent gtm aph _ashes '�Y part or 9 portion of and outstandztg sir authorized boned �ir�debtedness of such j _. 1 other municipal corporations, shall ever became. effective or be con- 2 su .ated for any purpose whatsoever, unless- and until at least two ' 3 thirds o f the qualified electors , of said City of Huntington peach, " 4 voting at such consolidation election, shall have voted in favor of 5 such consolidation,, and in. faVorr of mall ng the property within- .s-aid 6 City of Etmthigton Beach, after slach consolidat on, liable or: subject 7 to taxation. with the oreprty in said other �icl al corporation s - s for the pa ent of suela bonded. Ladebtedness or any portion thereof r 10 of such ether I.Mnicipal corporation. Z 11 The requirements " of this charter in, this regard shall he in 12 addition to any other requirements of the laws of the State of 0 13 California with reference to such -matters. ' 14 The City of. Huntingdon Beach may :annex eitI2er unLnha,bited ;terri 15 tory or inhabited territory-, or bath, in accordance with. the General 16 17 Lawns of the Mate of California relating to the €- nnexatimi of min- � is habitea territory anal:inhabited to:rrito ln ""cities of such State. is TI in. 20 _ .. _ Tnitative� �'L�fsrsndusi encl Recall. . 21 S CTIt � The laws, flf the Mate ;of Csl:ifprni `grd ld g ; car 22 S; the initiative, referendum and "-recall An eit os, F-as they -now 23 _ or hereafter day be amended_ are :herhy e n part ofiis charter'#. 24 r F and all action arwOua and -r$call_`iri io a city 25 26 of e untie;:t i Beach shad �h taken_"" i a ccors once ..th 'said la. sa 40 27 S CTERT , The . city` clergy s L1 "'compare the*,* ieaues" of the per 28 sons appearing upon may initiative, referendum, recall or other 29 petition or paper,. requiring, the signatures of qualified electors of �Y i 1 said city, with the registration of electors of said city as shown �! 2 f on current records of the registration of electors of the county of 3 Orange, California, and he shall make a report for the information 4 � of said council as to the sufficiency or insufficiency of any such f � 6I, petition or paper as regards the number of signatures of qualified fI 7 I electors appended thereto. The sufficiency or insufficiency of any such petition or paper shall be determined as promptly as reasonably j 8 i possible, and with the consent of the council said clerk may, at the 1 10 expense of said city, employ such assistance as may be necessary in ti � f 11 order so to do. 12 ARTICLE XIV. 13 s Franchises. 14 16 � SECTION 1; Power to Grant. Plenary control over use of all _ I 16 property owned, leased or controlled by the City is vested in the i 17 Council. Franchises, permits or privileges may be granted to per- I 18 sons, firms or corporations, upon such terms, conditions, restrict- 19 ions or limitations as may be prescribed by the .Council by ordinance,; C_ 20 but no franchise shall be. granted without reserving to the City ade- quate yi 21 , compensation for the privilege conferred, nor shall any franch e 22 be granted for a longer period than fifty .(50) years. Provided, thati i _ �I 23 every franchise or other permit shall be granted subject to the right' 24 I of and in the City at any time, upon reasonable notice, to change tY � 26 grade, location, alignment or use, of any street or place in or over! 26 which such franchise or permit is exercised or operated without liabil 27 ity or obligation on the, part of. said City.-in any wise occasioned by 28 II 29 � 'I i a I� i 1 any change of location of the pipes, pales, lines or other equipment 2 of such franchise or permit required by such change of grade, location, ] 3 � aligment or use. The Council may by ordinance adapted by its members, 4 � provide a method of procedure whereby franchises may be granted, for- 5 i felted or extended, subject to the limitations elsewhere contained 6 1 7 in this charter, end from time to time in like manner change the s method of procedure so provided® The Constitution snd general lags. 9 of the State of California shall be applicable in all cases arising to outside of the provisions of the ordinances of the Council providing i. 11 for r the granting or termination ion of franchises. 12 � SECTION 2 Indeterminate Franchises. Indeterminate franchises li 13 may also- be granted, subject always to the right of the City at any ;f 14 time, and upon: six monthsl notice in writing to acquire and possess 15 the property of the grantee ` 16 ' 17 SECTIC I '30- Rights of the Cite All gran.t,s, renewalsi extensions is or amendments of publi.0 utility franchises, whether so provided in 19 the or dinance or not,, shal;I be 'subjact to the following rights of 20 the City-livi afar as the MCi �hes the power to to dQ 21 fflrifeit erd nana6 at :any tame- for nOnaouses ar fog 22 _ failure -- to begin ce ruction .tii m t he ..tide prescribed, ar ether 23 .olation ©f the terms`of the anchise, franchise heretofore`fr { 24 - 25 ar herca:f t er ;grant-ed g _ , . 4 2s 2 a . To require proper..and adequats exteziszon of plant end es - 27 vies, and tl a maintena c6 cif` -the plant anal fixtures st the highest 23 practicable standard-- of tfi 6lend� 29 3. To regulate the rates and charges of all public utilities 41 under its' 1jurisdiction i fi i 1 4. To establish reasonable stanclards of service and quality of 2 products and prevent unjust discrimination in service or rateso 3 5. To reciu a gr tees of franohises to furnish upon request of 4 the City Council, authorized by resolution, such Information and: records' 5 relating anal to rates, service, value of property, revenues expenses s , f 7anal other related.`-matter as the said Council may- reasonably require s for the purpose of investigation or recemenclati n, concerning the 9 operations of the grantee 10 C. To . inpose such other regulations as may be conducive to the 11 safety, welfare and aceomrtoe7.ation of the public, 12 � SECTION 4: Every franchise or privilege to construe or operate 13 street, suburban or interurban ra .lroa€Is alongs upon, over Qr under r ; 14 any street, hip ay or other public place, or to ,lay or place pipes or � 15 conduits or to erect poles or wires or either structures in, upon, overo 16 �: under or along any street, hig�iway or, other public place in. the: City t 17 : 18 for any purpose whatever, shall be grantea upon the conditions in this 19 'Article provided and not otherwise.,' no person, firm_d corporation, 20 or authority shall�ever +exercise :any franchise or. pr iv�.lege ie .Boni, t r. 21 this rtie e e� eft J��nsofar " he, o�" it y be en itle� to do so '22 b diroct guthcri.ty cf the o�sti ution `cf California "or that Constitu- ti 23 t :on. ter iON s of the �fnitccd States, ibo upon, over or � � streets � highway or other public place in the_City unless he or It 'sha .l here25 tofore .have obtained a -�t' therefc P In accordance with the law in ;s force`'at the this cif "sa ia—gr or" 0411 her-eaf to obtain a� s the in accordance with the provis one of th s r cle" af thla 9 Charter. SECTION 5 Establishment. of Public Utilities. The City may s _ !I 11 � !i 1 establish, acquire, lease and/or operate, or cease to operate and �. 2 dispose of public utilities .and quasi-public utilities, at its ovn s option in the Winer provided by the laws now existing or hereafter 4 { enacted, or by the majority vote of the registered qualified electors of the City in the manner provided by ordinance enacted ba the. ;I a Cotmcil b the affimstave cote of f.ourebers of such Council. All I� 7 ! $ a ndr:.sn.ts of such ordinances shall require a like vote. In such. i 9 ordin rnces the Council may define r iat are public utilities and quasi. 3 10 public utilities. In acT. ring public utilities anal. quasimpubl�.c { � � li t 11 utilities the uity rAy purehass the sam?e subject to existing band i E 12 issues and other obligations thereof, .eth r secured by noItg yes 131 or trust deeds against the property of such utilities or not,, and may 141 - , assume and pay such, obligations as part of the purehase price, 'l 15 �y ! I 16 1(r � Viscellane(7us 181 SECTION 1. ClaiILS. No suit shall be brought on any claim for 19� money or, damages against the City, of Huntington Beach yr and off cer 20 or cssi4h 4f the .ty� until s< demand for the ame has been: } 21 ._ 22+ presented to the City Council, a a re Jected ln'vjldle or pait bar I 23 the City Council. If rejected in. part, swat �� be brodght to re- 24 cover the oleo zoept;in those--- s where a shorter period of time ! + : 251, is 'provl*dLd by law, all. m cla for darages against the t,* it be. � 26 presented within sip (6) months after the occurrence fron d this 27 damages arose, and all other claims for &wages shall be presented 28 y .thin six (6) months after the last : item of the account of cl# is 2s approved. • 370 I 1 ' SE � If any Section o -part of xi,, sectr on of this 2 charter prove.4 to he -irLv lid o; cnconatitutiohal, it shall not be 3 he . try :invalidate r air the validity or C-Ons.ti-tutiondlity of 4 any other sec iOa or part of a section .hereof@ 5 6 SECTI( 31-6 Thi-s chanter hall take imued ate effect and be in. full force from and after the time of its approval by the Legislature of the State of California,* E 9 10 i 11 z i 12 13 _ 14 n Mayor , i 15 16 ATTE _ i7 it y Clerk 18 i 19 20 w f 21 22 23 - 24 25 .26 27 28 29 City Charter .amendments Theyhyst"'caCfi iCe may contain the ortgtnaC(s) of, for exampCe, proposed amendments, yubttc hearing notices or booklets, but in aCCcases they are exact duplicates of this eCectroni'cfiCe.