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Proposed Charter Amendments, City Election dated April 29, 1
COUNCILMEN �NTING TpN TED W. BARTLETT. Mayor FRED T. GRABLE, Councilman �RpORATF �9 DR. R. E. HAWES, Councilman City ®f Huntington Beach VERNON E. LANGENBECK, C7 s Councilman = JAMES P. TERRY, Councilman Cali,f 01' is Or ILIA ,S J•LsHenr 1ckQPp)fClerk.Controller �c�pNTLEGG, Treasurer Y 6P�\ RAY HCOVERACKER, Attorney C. P. PATTON, City Judge H. A. OVERMYER, Engineer and Supt. of Streets D. M. BLOSSOM, Chief of Police J. K. SARGENT, Fire Chief STATE OF GALLXFORNIACOUNTY OF ORANGE } CITY OF HIMINGTON BEACH I, J. L. ROMICKB&.N, City Clerk of the City of Huntington Beath, a Municipal corporation, do hereby certify that the attached instruments are true azA correct copies of the City Charter of the City of Hunt- ington Brach is adopted in 1957, Charter Amendment ratified by the State Legislature 1n 1941 and Charter Amendment ratified by the State Legislature in 1 47.. IN ITS 31.1 MI METOF a I do hereby set my hand and affix the seal of the City Of Huntington Beach, this 24th day of June, 1947. ,...�._.....,� `- City Clerk GE FOUR PROPOSED CHARTER'OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA :•ein and provide for the com- ordinances and official bonds; he I same has been allowed by the All maps, plans, -profiles, field cation of and pay.such special shall keep all of the books prop- Council and he.is satisfied that notes, estimates and other mein nsel. erly indexed and open to the pub-I the money is lawfully due. He oranda of surveys and other'he City City Attorney may appoint lic inspection when not in use. . ;shall possess such other powers fessional work made or done by; �cretary at such salary or com- The City Clerk shall have power I and perform such additional du- him, or under his direction or con 4 -sation as the City Council, by to take affidavits and administer ties as provided elsewhere in this trol during his term `of office, inance or resolution shall pre- oaths in all matters relating to the I charter or as may be prescribed:shall be the property of-- be. City -- business of the City; and shall by resolution or ordinance. of Huntington Beach. 4 ,ECTION 7: Treasurer. The make no charge therefor. I SECTION 11: Qualifications of Said City Engineer, Street Sup isurer shall receive and safely The City Clerk shall perform Appointive Officers. Except as'perintendent, and Building In p all moneys and securities be- such other duties as may be pre- otherwise provided.in this char-j spector may appoint such assist } ;ing to .the City, and coming scribed by this charter, or by reso- ter, ail officers of the City shall I ants, deputies, clerks, stenograph his hands, and payout such lution or ordinance of the City have been a resident and elector�ers and other persons at such sal �Ff :zeys only on warrants signed Council. of the City of Huntington Beach I aries or compensation the proper officers and riot oth- SECTION 9: City Collector. It for at least one year next preced-,City Council by ordinance or=res :•ise,, for claims or demands shall be the duty of the Collector ing his appointment; provided, olution shall prescribe to assist ich have been previously al- to collect all taxes levied by the however, that this section shall be him in either his capacity as City -ed or approved by the City Council and other moneys due the inoperative if it shall be determ- Engineer, Street Superintendent`s K incil. The treasurer may de- City. .He shall,at the close of each ined by the vote of a least four of or Building Inspector. it all or such portion of the: business day, pay to the treasurer the City.Council that there is not As Street Superintendent, sub lic moneys as maybe determ- all taxes or other funds of the City a person .with such a length of ject .to. -the provisions of this d by the City Council -in any collected by him during such day residence who is otherwise quali- Charter and all ordinances of the h ik authorized by law to.receive or in his possession. Upon receipt(fied for and acceptable to fill said City of Huntington Beach and t )osits of public money, 'in ac- of any tax list he shall give his office and who will accept the laws.of the State of-California ap dance with the provisions of receipt therefor to the auditor, and same• plicable thereto, he-shall manage Constitution and the laws of shall, upon.delivery to the audit- SECTION 12: City Engineer. and have charge of the.construct#' -State of California. or of the delinquent tax list, take The City Engineer, by virtue of ion, , improvement, repair land 3e may appoint such deputies his receipt for the same. He shall his office, shall until changed by maintenance, and the keeping op- i employees to assist him at be charged with all taxes levied ` ordinance also be Street Super- en and unobstructed, .of streets, s :h salaries or compensation as upon real and personal property intendent, and Building Inspector, sidewalks, -alleys, lanes, courts, {` Council may by ordinance or within the City upon his receipt and shall be appointed by the City bridges, viaducts and other pub- olution prescribe. of the tax list from the auditor. Council and shall be a civil engin- lic highways; of all sewers, drams, Che city treasurer'shall perform He shall be charged with.and in- eer licensed in the State of Calif- ditches, culverts, canals, streams; :h other duties as may be pre- debted to the City for the full ornia and of not less than three and water courses; of boulevards, ibed by this Charter or by reso- amount of all taxes due upon de- years professional experience. He squares and other public places ion' or ordinance of the City linquent lists delivered to him for shall receive such salaryor com- and rounds belon ing to the uncil. collection.unless the,council de- g g tY r pensation as the City Council or.dedicated to public use, except 'f= 3ECTION-8: City, Clerk. Until termines by resolution that he is shall by ordinance, or resolution waterworks, , parks; playgroruids :h.time as-the council.of said unable to collect the same by levy prescribe. He shall perform.such and school grounds,- and pro 's r :y shall otherwise:-by ordinance and sale of the property assessed civil engineering and surveying erty. He shall-:manage mazk x wide:the 'City Clerk,shall be therefor. He shall possess such Y.. P necessary in the:prosecution of et houses, free markets, Y sew -offieio C_ity Auditor. other powers:and perform such public work done under the direc- age: disposal plants and farms, „� >> The City_Clerk shall, subject-to additional duties, not in conflict I tion or' supervision of .'the ;City garbage disposal:-systems, pmift , approval of the City_Council, .with this charter, as may be pre-l Council as the_said council may and works; and all other�pubREA point such deputies and em- scribed b resolution or ordinance,; He'. " yi " P Yrequire. shall make_such cer- works pot otherwise proyrdedfoiw: and his, salary s �� >yees to assist him, at such sal= rY . hall be fixed by tificates and reports upon the pro- in this Charter. He shallW& e� es or ',compensation as, he , or resolution. s p ordinance gress-of such work,and shall make charge;of _the enforcement o ails ,uncil may by ordinance:orb reso- 'SECTION-10: Auditor. No one such surveys, inspections and'esti the-,obligations of:privately a*VQ!Wn . ion_prescribe. shall-be eligible for election to or!mates, and perform such other ed-or'operated public utilitiesen The ;City Clerk shall have the to hold the office of auditor who is surveying or engineering work; as forceable-by the :City, excepfs stody.of and be, responsible for n6t._a_certified public accountant, may be. required by law or ordi- otherwise provided m this Cfia , corporate seal, and all books, or who has not had at least three!nance or-by resolution_ or order„of ter.-. He shall have charge of th pers;';,,records, contracts and years practical experience in ac- the City Council. cleaning,:.sprinkling and;light g Y hives:belonging to the City or countancy and bookkeeping. The I He shall have all the powers of streets and other public plat s,ur ' any;department thereof, not in auditor shall be the general ac- and perform all the duties imposed the collection and disposal of=gamer^-�F tual-„'use :by other officers or countant of the City. He shall upon him by this.Charter, the or- bage and waste; and preserva ��� ewhere,by special provision of retain and preserve in his office i dinarices of the City of Huntington of all:-contracts, papers; plants is_ charter, or by ordinance of all. accounts,' books,, "vouchers,!Beach and the orders of the City I tools, machinery and applrairces id city committed to their cus- documents:and papers relatingto�Council and shall be the Gusto- belon in to the g g dy. the acts and contracts of the. City,.;than of-and responsible for .all I twining to said.:department The City:Clerk or his deputy or its debts,.revenues and other fi ;maps, plans, profiles, field notes shall do and perform such-lother" sistant- shall be present at each nancial affairs. He shall keep' an and other records and memoranda duties and assume charged and s eeting of the.Council unless ex- account of all moneys paid into j belonging to the city pertaining to control.of such other works,plants ised therefrom by the Mayor, or and out of the treasury, and shall'his office and the work thereof, or departments :'not otherAse.� )uncil;'and keep.full and accur= approve all.lawful demands. He all of which he shall keep in prop- provided for in this Charter,�whieti e minutes of its proceedings and shall.always know the exact con- er order:and condition, with full hereafter may be assigned toy so separate. books in which, dition of the treasury: . He shall i index thereof, and shall turn over i department by ordinance orieso ,spectively, ;he shall record all approve. no 'demand .unless the al the same to his successor. elution-of'the City. Council: Y i 1., z _ PROPOSEID CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA PAGE`FIV i As the- Street Superintendent,i to do, shall submit monthly finan- ficer is appointed for 'a definite liability created by any ordinance he shall possess such powers as cial reports to the.City Council in term,. his successor shall not be and of all prosecutions for aii are designed by ordinance ,and as;writing, which said reports shall elected until the expiration of said violation of any ordinance.` Th Building Inspector, he shall pos- be permanently filed with the City term. rules of practice and mode of po sess such powers as are designated Clerk after the Council shall have ARTICLE VIII. , ceedings in said City Court."steal by ordinance. inspected and acted upon the Commissions, (Departments and be the same as are or may be pie SECTION 13: Fire Chief. The!same. Bureaus scribed by law for Justice's Court fire chief of said city shall be the SECTION 16: Annual and Spec- SECTION 1: Planning Commis-I in like cases. Appeals may :bi head,of the Fire Department of ial Audits. The City Council shall Sion. A City planning commission'taken to the- Superior Court`.F6 said City and, subject to the con- employ a public accountant or may be created by ordinance and Orange:.County, from all rtludg trol of the City Council, shall have±firm of certified public account- in such case said city planning ments of said City CO general supervision and manage-;ants, or a public accountant fam- commission shall be vested with manner and with like effect gas'ir ment of the Fire Department. !iliar with municipal and govern- all the powers and shall_discharge cases of appeals from Justice': He shall perform such other du-i.mental affairs, ahnuaily to inves- the duties as 'prescribed by such Courts. ` ties as the council may from time tigate the transactions and ac- ordinance. SECTION 2: The City. JudgE to time impose. :counts of all officers and employ- SECTION 2: Health Depart- shall have the powers and;'rper.- SECTION 14: Bonds of Officers.!ees having the collection, custody men. A City Health Department,form the duties of a magistrate. Officers and employees of the City or disbursement of public money may be created by ordinance or l He may administer" and;;certify charged with the collection or cus- or property, or the power to ap- resolution and in such case such I oaths and affirmations tody of public money before en- prove, allow or audit demands on city health department shall be SECTION 3: In all cases in tering upon the discharge of their:the treasury, and said City Coun-II vested with,the powers and-dis- which the City Judge is a party,or official duties, shall give and exe- cil may authorize such account-1 charge the duties prescribed by in which he is interested, orwhen cute to the City their official,ant or firm of accountants to make ordinance or resolution, or the he is related to either party,,in an bonds and other officers and em- an investigation at any time with City Council may_in lieu thereof action by consanguinity or affinity ployees shall give such official reference to any condition relat- arrange an agreement with the within the third degree, or.is bonds as may be required by this;ing to the affairs of said City of County of Orange by which the erwise disqualified or m case Hof Charter or ordinance of said City i Huntington Beach or any officer City and County Health Depart- sickness or inability to act, tla of Huntington Beach. or employee connected therewith,I ments may be consolidated. City Judge may call-upon any The City Council shall fix by,as to any matter or condition up-f SECTION 3: -Public Library. A 'Justice of the Peace, residiiig_'an ordinance•or resolution the penal on which said council may re-I public library or libraries for the the County of Orange, to=act in sum of all official bonds, and may quire a report concerning the af- City of Huntington Beach shall be his stead- at any time by ordinance or res-:fairs-of said City. maintained and managed in ac- SECTION 4: A Justice of;the oluticn increase or decrease the .:SECTION 17: The City Council cordance with the provisions of Peace shall not be disquahfied penal sum of any and all such;may submit to the electors at any j.the general laws of the State of from holding the office of-City bonds: general or special election an or-'California as the same now exist Judge. � Every bond given the City shall.dinance providing that the elect-I or as they may hereafter be SECTION 5: All fees and_fines be subject to approval by the City ive officers, or any of them, other amended. ;received or collected by the.s }d Council as to sufficiency, and.by than councilmen,may thereafter be I SECTION 4: Other Agencies. Court shall be the property of the the.City Attorney;as to form. All f appointed, or an ordinance pro- Creation and designation of the';City of Huntington Beacli Viand such bonds shall be filed in the viding that the appointive offic-;Powers and duties of other boards, shall be deposited with the ^Tas office of the City Clerk,.except-hers, or any of them, shall there-I departments; commissions and carer at least:once each week; ing the bond of the•City Clerk, after be elective officers; provid- agencies shall be within the dis.- SECTION, 6• . .The City Court which shall be filed in the office f.ed that the provisions of the init- cretion of the said City Council i shall have.a_seal bearing Rthe sn.., of=the.City..Treasurer. iative shall apply hereto. to be manifested'by way of ordi- scription it Court, aGitg� of `Every.bond shall contain a con- In the event the elective officers, nance. !'Huntington Beach,'Cahfo dition that the principal.will per- .or any of them, are made appoint- ARTICLE IX form all.,official duties imposed ive, then at the expiration of the -City Court Public Woa$; Materials and pup upon or-..required of hirn--by law, terms of office of the then incum- ' 'SECTION.1 The judicial pow-. plies and Emergen,ey;Tszpenditures or by ,ordinaance of said City of bents of such offices, or upon the er of the City of-Huntington SECTION 1: In..the construct Huntington Beach, .or by. this occurring of a vacancy in,such Beach shall be vested irf a .city ion, erection; unprovement Viand charter, and that at the expiration E offices, the offices shall be filled'court;which court is hereby-estab-I repair-of all public:buildings;-iand of his .term of office he will sur-'by-appointment b the City Coun-_ lished. .The City Jude shall hold works in all street and weir PP Y y Y g, , render to his successor all prop- cil and the officers_ so. appointed said City Court and said court work; iii all works for protection- erty,,books, papers and documents;shall hold office at the_pleasure'of shall have jurisdiction-concurrent= against overflow or.ekosaon and in. that may come into his possession the Council, or for such term as ly with the Justice's Courts, of all all other_works prosecuted',by or, as such. > may. be provided .in .said -ordi- actions and proceedings, civil and -on behalf of said city and The premium or charge for all nance. In the .event appointive criminal, arising-.within the cor- Purchasing ..or acquiring] official:bonds of all officers and!offices are made elective :then porate limits of the City of Hunt- supplies or materials for usein4 i employees of said City required'to..said office or officers shall there- ngton Beach and which might be about the-same, when the expend. give bonds, either by this Charter i after_ be elected for a term_of four tried in such, Justice's Court. Said itures required for the same xceeed? or by general law. or by ordinance (4) years at the next regular City" Court shall have exclusive the.sum of five'hundred-($500 00} or resolution of said City, shall,be .election, or at a special election,-jurisdiction of all actions for the dollars, the same shall be do ey paid by.the City. !when said ordinance so provides;in recovery of any:fine, penalty. or contract, and shall be letothe SECTION 15: Monthly Reports.I the-event the.offices are filled by forfeiture not exceeding-. Five lowest responsible"...bidde—r afte All officers having the collection I a special election the term of office Hundred .Dollars ($500.00), pre- notice of publication in the office of public_moneys, or the custody shall date from the nearest general scribed for the breach of any ord- ial.paper of said city given ;;° thereof, and all officers and em- municipal election;provided,how- inance of the ,City; of all actions publishing such notice xby o ployees required by ordinance so ever, that where an appointive of- founded. upon'.-any ,obligation or consecutive insertions in TMueh, V. -` - GE SIX PROPOSED CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA vspaper, not more than twenty for. is not satisfied nor the lein remov=,current expenses. r ; 's nor less than seven days . SECTION 3: Nothing in this ed until the taxes are paid or the: The proceedings for the voting �Dr to the time fixed in such Article contained shall be con- Property sold for the payment and issuing of bonds of the City ice for the opening and declar- strued as applicable to work or I thereof; provided, that the lein of P :shall be had in such a manner of such bids. Such notice shall materials, equipment, apparatus I every tax whether now existing and form and under such condi to the general character of the or supplies to be paid for by spec-!or hereafter attaching shall cease tions as shall be provided from y „ rk contemplated to be done and ial assessment on.property bene-1 to exist for all purposes after thir- time to time by general Iaws nature and amount of any ma- fited thereby, but in all such cas- ty years from the time said tax ARTICLE XII. als, equipment, apparatus or es the particular laws applicable became a lien; and every tax Consoldation and Annexation- plies to be furnished. thereto shall -be observed, other- whether now existing or hereafter ;ECTION 2: The City Council wise the provisions of this Article attaching. shall cease to exist for SECTION 1: The City of Hunt y reject any and all bids pre- shall be followed. all purposes after thirty years ington Beach may consolidate with Y tied and may re-advertise in its ARTICLEfrom the time said tax became a any other contiguous.XI municipal cretion. Further, after reject- lien: and every tax whether now!corporation of the-State of Cali Taxation, Equalization and existing or hereafter levied shall I forma, under and pursuant to the bids, said Council may declare Finance be conlusivel resumed to have Provisions of any laws of said i determine by,at least a four- Y p hs vote of all its members, that il been paid after thirty years from;state which may be apphcable SECTION 1: The City Counc =to shall have the power, and it shall the .time the same became a lien, the consolidation of such mutuci Us opinion the work in question - be its duty, to provide b ordi-- al corporations at the time thei e y be performed more economi- nance a system for the assessment, unless the property subject there-j of; provided, however, that no y by day labor or,the materials to has been sold in the manner, levy and collection of all city tax- provided by law for the payment such consolidation, in or.by which supplies furnished at a lower P = ce in the open market, and af- es not inconsistent with the pro- of said tax. P Y the said City of.Huntington Beach visions of this.chapter. Nothing SECTION 2: The City Council assumes any part or portion of any the adoption of a resolution to herein shall s effect by the vote above re- Prevent the Cityshall meet at 7:30 P. M. on the outstanding or authorized bonded red, they may proceed to have Council from exercising the pow- second Monday of July'-of each indebtedness of such other maul er granted by general laws of the ear, and sit as a board of equali- cipal corporations, shall ever be work done, or the materials, State of California relative to the Y come effective or be consummated' ;ipment,' apparatus or supplies zation, and shall continue in ses- assessment and collection of taxes sion from day to day until all the for any purpose whatsoever, un nished or purchased in the Y Y less and until at least two-thirds nner stated without further ob- by county officers. All taxes as- returns of the assessor have been sessed, together with any percent- rectified. It shall have power to,of the qualified -electors of said vane of the provisions of this City of Huntington Beach, ` icle; provided further, ghat in age imposed for delinquency and hear complaints, and to correct, gt h, voting the costs of collection, shall con- modif or strike out any assess- at such consolidation election, :e a great public calamity.such I Y� - an extraordinary fire, -flood, stitute liens on the property as- ment made by the 'assessor, and shall have voted in favor of such rm, epidemic or. other disaster, sessed; and every tax upon per- may, of its own motion, raise any consolidation, and in favor 'of City Council may, by resolu- sonal property shall be a lien up- assessment, upon notice to the making the property within said a passed by vote of four-fifths on the real property of the owner party whose assessment is to be City of Huntington Beach, after all its members declare and de- thereof. The liens provided for raised. The corrected list for each such consolidation, liable or sub mine that public interest and i m this section shall attach as of tax shall be the assessment roll for'ject to.taxation with the property essity demand the° immediate the first Monday in March of each said tax for said year. It shall.be I in said other municipal corpora r � ...)enditure of public money to Year, and may be enforced by a certified by the City Clerk, who I tion for the payment of such bond and life, health or. proper- sale of the real property affected, shall act as clerk of the board of i ed indebtedness,,.. or any-, egu, thereof of such -other munici ' thereu on it ma and the. execution and deliver of equalization, as bein the assess-( . p ' p y.proceed Y . q g expend,or'enter into a contract all necessary certificates a n d ment roll for said-tax,and shall be corporation : deeds therefor, under such regu the. assessment.roll. upon which The requirements of this chart -olving the expenditure of any n required in such emergency.I lations as may be prescribed by I said tax is to be levied .in said er in this regard,shall be mtadd * the-eivent there .is, more than ordinance, or .by action; in _any year ition to.any other'requnements of� newspaper, of" general circa-iI court of,competent jurisdiction to Notice shall be given of the timee laws of the State of CahfoinEa = �t ion pruned and published in,the foreclose such. liens. Any real and place of"sitting/A�* such.man !with reference to-such matte y, the City Council shall, an-(property sold for such.taxes shall ner as may be prescribed by-ordi The City of Huntmgton Beseh � : all rior to the beginning of be subject to redemption.within a may annex either, w�iihabited y,.P g g nance. , •h fiscal year, publish a notice redemption period of at least five -SECTION 3: Special Taxes'and territory or inhabited temto ; -iting bids,'and, contract for the years and upon,such_ terms as the Bonds: Whenever the Council both, in accordance with,theGen blication of all legal notices re-. City Council may prescribe by, shall determine that the 1. public in- eral Laws of.the State of ,,, ired to be published in a news-I ordinance. All,deeds made upon terest demands an expenditure nit relating.to the anne5cation11 , ? per of general circulation print- any sale of property for taxes or for municipal purposes which can I uninhabited territory,and_inhabit and"published-in said City.Said,special assessments under the pro- f ed territory in cities of such�tate P Y• not be provided for out of the or-ice .1tract shall :include the .print-(visions of this chapter'shall'have dinary revenue of the City, it may ARTICLE and publishing of all such leg-+the same force and effect-in evi- submit to the qualified-voters.at Initiative, Referendum and Recall notices duringthe ensuin dence as is or may hereafter:be e l ' g.l a regular, or special election, a I SECTION '1: The laws of they cal year. In theevent there is;Provided -by laws for deeds for proposition to provide for. such I state of California providm�g fbr 1 one-`newspaper of'general Property sold for non-payment.of afs Yg expenditure,.either by levying a the initiative, referendum and re vd culation.printed and published county taxes. special taxi'or:by issuing bonds, call m cities, as they now exist;of said "City,•then the City Coun-] Every tax has the effect of.a but no such special tax shall be!hereafter may be amended,�are�� shall. have the 'power to con-1 judgment against the person, and levied.nor any such bonds issued,1 hereby.made•,a part of this Char ict with such newspaper for the every lien created,by this section unless authorized by the affirma-!ter and all action under,the initial ` luting and publishing of such f has the force and effect of an exe- tive votes of two-thirds of the tive, referendum- and reealIin ;al notices without being .re cation levied against all property electors voting at such election. said city of Huntington Beach - ired to advertise for bids there-,of the delinquent. The judgment No bonds-shall be issued to meet I shall-be taken in accordance with ` PROPOSED CHARTER OF-THE CITY OF HUNTINGTON BEACH; CALIFORNIA PAGE SEVEN 'said awl so provided. The Constitution and place in the City for any purpose,(6) months after the occurrence SECTION 2 The city clerk shall general laws of the.State of Cali- whatever; shall be,granted .upon from which the damages arose, compare the names of the persons fornia shall be applicable in all the conditions in this Article pro- and all other claims for damages appearing,upon any initiative, ref- cases arising outside of the pro- vided and, not otherwise, and no shall be presented within six-.e6) ereridum,,.recall or other petition visions of_ the ordinances of the person, firm; corporation or auth- months:after the last item of the or,paper, requiring the signatures Council providing for the grant- ority shall ever exercise'any'fran account of claim is approved. ofgtahfied electors of said city,,ing or termination of franchises, chile or privilege mentioned.in. SECTION:2: If any section or withahe registration of electors of SECTION 2: Indeterminate this Article except insofar as he part of any section of this charter said"city as shown on current rec-'Franchises: Indeterminate fran= or it may be entitled to do so by proves to be invalid or unconsti- ords of the registration of electors chiles may also be granted, sub- direct .authority of the Constitu- tutional, it shall_not be held to of� the county.of;:Orange, Califor- ject always to the right of the City tion of California or the Constitu- invalidate or.impair the validity n�af, and he shall make@ a report!at any time.and upon six months' tion or laws of the United States, or.constitutionality of any other for'the information of said coun- notice in writing, to acquire and in, upon, over or along any street, section or part of a section hereof. cias to the sufficiency or insuffic-I possess.the property`of th_e gran- highway or other public place in SECTION 3: This charter.shall ifency,of any,such petition or pap- tee: the City unless he or it shall here- take immediate effect and be'in eras regards the;number_.of sig-1. SECTION 3: Rights of the City. tofore, .have obtained a grant full force from and after the time natures of qualified electors .ap-i All grants, renewals, extensions or therefor in-accordance with the of its approval.by the.LegislatuYz pendedthereto. The sufficiency,'amendments of public utility fran- law in, force at the time of said of the.State of California b asufficiency. of any such. pe i chiles, whether so provided in the grant, or shall hereafter obtain a t, onyor paper shall be:determin- ordinance or,not, shall_be, subject grant therefor in accordance with PROPOSED ALTERNATIVE TO ed as p as,reasonably. promptly, . y pos-,to the following rights of the City the provisions of this Article of PROPOSED CHARTER sable and with the consent of the insofar as the City has.the power this Charter. conncil said clerk may, at the ex- so to do: SECTION 5: Establishment of ARTICLE IV pease of said city, employ such -1: To forfeit by: ordinance at Publid Utilities. The City may ELECT%ONS �k assistance as may be necessary in 1 any time for non-use, or for fail_ establish,, acquire, 'lease and I or - 'SECTION I: Districts establish- o er so to'do. ure to begin construction within operate, or cease to operate and P p ed. For" the purpose of electing ' ARTICLE XIV. the,time prescribed, or other vio- dispose of public utilities and r t P members of the City: Council; ahe `ram Franchises. I lation of the terms of,the fran- quasi-public utilities, at its own City shall be divided into Five SECTION 1: - Power to Grant.i chise, any franchise heretofore or option in the manner provided by (5) districts as nearly equal in Plenary control over use of all i hereafter granted; the laws now existing or hereafter registered voter population as property owned, leased or control-1 2. To require proper and ade- enacted, or by the majority vote practicable. led:by the.City is vested in the'quate extension of plant and ser-I of the registered qualified elect- The members of the City Coun- Council. . Franchises, permits or I vice, and-the maintenance of the 1 ors of the City in the manner pro- cil shall be elected by districts, privileges may be granted to per- plant and fixtures at the highest I vided by ordinance enacted by the one from-each of said five dis- sons;, firms or corporations, upon practicable standard of efficiency,' Council by the affirmative,vote tricts as follows: such terms,conditions, restrictions 3. To regulate the rates and of four members of such Council. District 1. One councilman from or limitations as may be prescrib- charges of all public_utilities und- All amendments of such ordinanc- District No. 1, which is in tl_~ ed" by the Council by ordinance, er its jurisdiction; es shall require a like vote. In first instance hereby established but no franchise shall be granted 4. To establish- reasonable such ordinances the Council may as all that portion of the City of without reserving to the City ade- standards of. service and define what are public utilities HuntingtonCalifornia, quate compensation for the quality i and quasi-public utilities. In ac- Beach -California P priv- of products and prevent unjust,and laying,and being within the fol- ilege conferred, nor shall any discrimination in service or rates;'quiring public utilities and quasi- lowing described boundary.'lines: franchise be granted for a Ionger 5. To require grantees of fran-J publc utilities, the City may pur- Beginning at a point, being. the period than fifty (50) years. Pro- chiles to furnish upon request of chase the same subject to exist- intersection of the center line of vided, that every franchise or oth- the City Council, authorized by ing bond issues and other obliga- palm Avenue with the center line - er.` ermit shall be ranted subject tions thereof, whether secured by of the Pacific Electric right-of- permit -. P g J resoluton, such information and ght-of- to'Jb6.right of and in the City at records relating to rates, service, mprtgages or trust deeds against way (which right-of-way lies any .time, upon reasonable notice, value of property, revenues and the property of such utilities or parallel to and between Lake to::change the grade, location, expenses, and other related mat- not, and may assume and pay such Avenue and Alabama Avenue); alignment or use, of any street or ter as the said Council may reas- obligations as part of the purchase thence Southerly along the center place in or over which such fran- onabl require for the price. line of said right-of-wa to the y q purpose ofy chise or permit is exercised or op- investigation or, recommendation ARTICLE XV. intersection with the center line erated.without liability or obliga- concerning the operations of the Miscellaneous of Atlanta Street; thence Easterly tion on the part of said City in any grantee; SECTION is Claims. No suit along the center line of Atlanta wise occasioned by any change of 6. To impose such other regula- shall be brought on any claim for Street to a point, being the in- location of the pipes,poles,lines or tions as may be conducive to the money or damages against the tersection with the Easterly city other equipment of such franchise safety, welfare and accommoda- City of Huntington Beath, or any boundary; thence Southerly and or permit required by such change tion of the public. officer or commission of the City, Southwesterly and Northwesterly of: grade, location,".alignment or SECTION 4: Every franchise until a demand for the same has along the Easterly, Southerly and use; : The Council may by ordi- or privilege to construct or operate been presented to the City Coun= Westerly boundary of said city to nance adopted by its members, street,. suburban or interurban cil,and rejected in whole or in a point, being the intersection of provide a method of. procedure railroads along, upon, over or un- part by the City Council. If re- the center line of Sixth Street as whereby franchises may be grant- der any street, highway or other jetted in part, suit may be brought produced Southwesterly; thence ed,-forfeited,or extended, subject public place, or to lay or place to recover the whole. Except in Northeasterly along the center tp-the limitations elsewhere con- pipes or conduits or to'erect poles those cases where a shorter per- line of said Sixth Street as produc- tained.in this charter, and from or wires or other structures in, iod of time is provided by law, all ed and the center line of Sixth un te;; to time in like manner upon, over, under or along any claims for damages against the Street to the intersection of Wal- change the method of procedure street, highway or other public City must be presented within six1 nut Avenue; thence Southeasterly PAGE EIGHT PROPOSED CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA along the center line of Walnut the center line of the prolonga- along the center line of Atlanta!that if any territory annexe+ Avenue to the intersection of the tion of Sixteenth Street; thence Avenue to the intersection of the consolidated at any one;time center line of Fifth Street; thence Northeasterly along the center Easterly boundary line of the City contain qualified voters-suffi, Northeasterly along the center line of said prolongation of Six- of Huntington Beach; thence!to upset the.approximate equ; line of said Fifth Street,to the in- teenth Street and the center line Northerly along t h e Easterly t of the established districts tersection with the center line of of Sixteenth Street to the inter- boundary, as said boundary me-I Council shall at.least ;Sixty Main Street; thence Northerly section of the center line of Palm anders Northerly, Northeasterly days before an election,after along, the center line of Main Avenue; thence Southeasterly and Northwesterly to the inter- annexation or consolidation, Street to the intersection of the along the .center line of Palm section of the center line of the district the City regardless',of center line of Palm Avenue; Avenue to the point of beginning. prolongation of Memphis Street; time limitation of Four`.(4) y thence Easterly along the center District 4. One councilman from thence Westerly along the center heretofore mentioned In any line of Palm Avenue'to the point District No. 4, which in the first line of the prolongation of Mem- districting, the districts".,,shall of beginning. instance is hereby established as phis Street and the center line of comprised of continuous terri District 2. One Councilman from all that portion of the City of Memphis Street to the point of and made as equal in;registc District No. 2, which in the first beginning. voters; as shown by the regis Huntington Beach, California;- ly- instance is hereby established as ing. and being within the following Provided, however, that that tion records, and as geographi -all'that portion of the .City of portion of District No. 4; as herein I ly .compact as ossible;r and- described boundary lines: Huntington Beach, California, ly- described, bounded asi follows: district so formed shall, as faj fti i t th Beginning a e intersection o ing and being within the follow- Beg � Beginning at the intersection of'possible, be bounded by nati the center line of Palm Avenue ing described .boundary lines: the center - line of Indian- boundaries;by street lines and with the center line of the Pacif- Beginning at the intersection of apolis Street and the center by.City boundary fines is Electric right-of-way; thence the center line of Palm Avenue line of the Pacific Electric Right- SECTION I b: Every coun Westerly and Northwesterly along y; y g man must have been,`at'_the t with the center line of Main of-Way: thence Westerly along the the center line of Palm Avenue Street, and running thence South- center line of Indianapolis Street of his election or appointment to the intersection of the center eriy along said center line of to the intersection with the cen- the event of a vacancy,"and-.act Main Street to the intersection of line of Sixteenth Street; thence ter line of Crest Avenue; thence resident in the district from wk Southwesterly along the center Northwesterly g he was nominated for`-One the center line of Fifth Street; y along the center line of Sixteenth Street and the j thence Southwesterly along the line of Crest Avenue to the inter- Year immediately preceding center line of the prolongation center line of Fifth Street to the section with the center line of election or appointment :. thereof to the intersection of the intersection of the center ling of M a i n Street; thence `N or t h- councilman who moves from Walnut Avenue; thence Nortn- Southwesterly boundary of said erl along the center line of Main City of Huntington Beach; thence y g district of which he was a're easterly along the center line of Street to the intersection with the dent at the time of his-election Northwesterly along said South- appointment, forfeits `his ""off Walnut Avenue to the center line centerline of Tenth Street thence westerly boundary, " and North- y g but no councilman 'shall for: of Sixth Street; thence southwest- Easterly along the center line of easterly along the Northwesterly erly along the center line of Sixth Tenth Street and the prolonga- his office as a result of redistri boundary, Northerly along the city Street and the prolongation there- tion thereof to the center -line of ing, boundary, and Easterly along the ,gt_to the Southwesterly boundary the Pacific Electric Right-of-Way; o line of the City of Huntington Northerly boundary, and South- Thence Southerly along the center k erly, Easterly and Southerly'along ' Beach; thence Northwesterly along line of the Pacific Electric,Right- said boundary as it meanders.in said boundary.line to the intersec- of-Way to the point of beginning a Southerly direction to the in- n tion of the prolongation South- —shall be considered to be,a-por7. x tersection of said Easterly bound- - westerly of, the center line of tion of District No 5 and shall.be Ninth Street; thence.Northeasterly ary with the center line of the pro- added thereto for the.purpose of 7 longation Easterly of Memphis 4 s { - ! along said prolongation and the a special, or general election held Street; thence,Westerly along the •� ` center line of Ninth Street to the prior,to -the„second Tuesday center line of said .prolon ation of r : intersection of the center line of g April, 1940, affecting any council i ,t Memphis Street; and ,the center Palm..Avenue; thence.'Southeast- man within said District No 5 as, elf line of Memphis Street to the in- erly`along the center line of Palmenlarged as herein provided, and h tersection with the center line of r Avenue.to the point of beginning. I said portion.. shall be. excluded ` District 3. One councilman from the Pacific . Electric Right-of- from District No 4 until the-elect *r � District No., 3 which is in the Way, thence Southerly along the ion to be held on the second Tues # first instance hereby established center line of said.Right-of-Way day,in April 1940 " °--as all that portion of"the City of to the point of beginning...- SECTION .I �REDISTRICT District 5. One councilman from ING. The Cit shall be redistrict "Huntington Beach, California, ly- y ing and being within the follow- District No. 5, which for the first ed by.ordinance for .the,purpose ;a ; ing described.boundary lines: instance is hereby, established as of maintainin j�g:appr,oximate � Beginning at the intersection of all. that portion of the City„ of equality of registered voting pop the center line of Palm Avenue Huntington Beach, .California, Iy- ulation, at least once in every Ten �> and the center line of Ninth ing and being within the follow- (10) 'years, but shall'*,not be re _ Street thence Southwesterly along ing described boundary lines: districted within Four years r a' the center line.of said Ninth Street -Beginning at the intersection of after,any such,redistricting. and the center line of the prolong- the center line of. the Pacific Any territory.'hereafter,annex- ation of said Ninth Street to the Electric. Right-of-Way with the ed to'or consolidated with the City " intersection-with the Southwest- center line of .Memphis Street; of Huntington Beach, shall at the erly city boundary line; thence thence Southerly along the.center time of such annexation or eon ; g Northwesterly along the South- line of said Right-of-Way_to the solidation be added-to., adjacentY ",.westerly city boundary to the in-(intersection of the center line of district .or districts.'by .an ordi j tersection of said boundary with Atlanta Avenue;„thence Easterly' nonce of the .Council,""provided ` , f tt City Charter .amendments 7'heyhyst'O'caCfiCe may contain the ortgtna C(s) of, for example, proposed amendments, vubttc hearing notices or booklets, but t'O'n aCCcases they are exact dup ttcates of this eCectronicfiCe. FRANK C.JORDAN Sc:R:TARY OF STATE ��r STATE OF CALIFORNIA 'Department of .5faft I, FRANK C. JORDAN, Secretary of State of the State of California, do hereby certify that 1 have carefully compared the transcript, to which this certificate is attached, with the record on file in my office of which it purports to be a copy, and that the same is a full, true and correct copy thereof. IN 'WITNESS WHEREOF, I have hereunto set my hand and have caused the Great Seal of the State of California to be affixed fixed hereto 17 th day ofiay, i 73 this----------------=------------------------ . 'Cot t �•°"® Secretary of State B ------- ---------- -- Ae�ut IM— . L y r k 5T11TS PRINTING Cxr;:E Frank C. Jordan Secretary of state SPATE OF CALIFORNIA D E P A R T M E 14 T O F S T A T E y I, FRAIM C. JORDAN# secretary of State of the State of California do hereby certify that I have carefully compared the transcript, to which this certificate is attached, with the record on file in any office of which it purports to be a copy, and that the same is a full, true and correct copy thereof. IN tITNESS WHMEOF, I have hereunto set my hand and have caused the Great Seal of the state of California to be affixed hereto this th day of May, 193T. FRANK C. JORDAN Secretary of State • (SEAL) BY Chas. J. H�erty .. Deputy Assembly Concurrent Resolution No. 53. Adopted in Assembly May 12, 1937. James G. Smyth Chief Clerk of the Assembly Adopted in Senate May 13, 1937- J. A. Reek Seoretary of the Senate This resolution was received by the governor, this day of May A. D. 1937, at 11 o'clock A.M. Turk Lee Megladdery, Jr. rivate Secretary of the Governor s r... r... *f,. ,r" ( (PuBlisbed Hwaitiitoi He�actj_ INews, April 7,April 8 d9qi1 NOTICE OF -ELECR�dN iNotice is 'hereby'givenht, a' f f idavit f publics ®n Special Municipal Electico W 1 - -- j held in •the City of Hut>titaiz That the,polls Wo be;open �1e ; Beach, Orange .County, �pfo�v<, State of California, tween the,hours.af 6 00 Qtclo¢ ® on Thursday:the 2.9th day of Apx}i. IsoliM. and 7i{10,o'caock P County of Orange, 'ss. dated City of Huntington Beach, 1937. That-the election-boaad$or ebri The following proposi; votingreciict � 4' J. S. Farquhar, being duly sworn, on oath, says: That he is a i be:submitted.at said electjRti shall ibe as fOIIO�Vs i l citizen of the United States, over the age of twenty-one years. PRQPOSITL©N 1�0 ( Inspector Luther A .$�hul�' That he is the printer and publisher of the Huntington Beach SHALL THE PRQP,OSED Judge—;H" elen`L Darsf'- v #,i� News, a weekly newspaper of general circulation printed, published TER OF THE•CITYjl OF#i�TSIT I ,INGTON BEACH BE Sw Clerk—Edna Capper > and circulated in the said County of Orange and elsewhere and pub- Clerk—Edna �i. I error �t lished for the dissemination of local and other news of a general ( --ED. That the.election hoard' or r i ,- character, and has a bona fide subscription list of paying subscrib- I PROPQSXTION.`NO t� A� a e r ers, and said paper has been established, printed and published in ,SI3Ai:T• THE PRQPOSD Y solidated noting predict ;he State of California, and County of Orange, for at least one year I TEINATIVE be as follows: PROVIDING ' ELECTION OF' tFIVE t r' neat before the publication of the first insertion of this notice; and inspector W. Q D4y CILMEN ' BI . ° { the said newspaper is not devoted to the interest of, or published SY -DISTRICTS Judge—Stella Ihite�dale � < for the entertainment of any particular class, profession, trade, call- i ' 'ADOPT 'ED? a r There will:`be ottr 4 0 Clerk-GeriTude C,atclilmgj" ;1 ing,,race or denomination, or any number_ thereof # ( � EY That the electi n bdalr err a precincts foClerk—Luella V. Bti-c"' r 4the purpose off 1 p d;9 c That the ___ _._.. _._.... xng said election consisting of*a` - _. _-- - solidated voting precz;ket;'��'� II � consolidation of the;regular be as follows. tzon precincts estal7lkshed foroI --- - ....---- inspector—Lillian l£ ld :; ing general'.State or:Cot elec Judge Charlotte I +Kingt, rt* of which the annexed is a printed copy, was published in said flans as follows' r Consolidated votingii precinct Clerk—Muriel ;i�estersa � - - - "A", comprising Mate and sCoun4y •Clerk-Vella Cla k4, co n newspaper at from the _ .- .--..--.. da of-_.___. .. _.-.__ gton Beach One "and Twos,and: election recinets ntbexs IL" .That,the election bQars� l~ig in solidated voting precinct M" 1ia11: g y the poili g place thereof sha I Be$ be as follows: a ' '51 r'J in tY�e Memorial Hail located on' �xOR f 193-----., and ending on the ......... - day of -- = - - rispector .boy D. Wh e v Sixth street near .the mtersegtiom; Judge—i3,ose A. Everett k 193--7.. both days inclusive, and as often during said period and of Magnolia ayenue andcth' Clerk—Jenplle B. Critto k street in said city. 1 'mes of.-publication as said. paper was regularly issued, and in the Clerk—LeA4 Dowty r egular and entire issue of said newspaper proper, and not in a Consolidated voting p 3ua ct; That each of Said slffieels, supplement, and said notice was published therein on the following `B > coixipnsuig State-and ptiand is an.eleCtO dates, to-wit: election precincts nUkiiBers $tuxE above me s a resident of the consolidated vot ington Beach Three and Four;i3aid' 3 - - the p411ing %lace there'o slhallkie• i u>g precinct-#ox yvluclxF / / at the yVoraa's Crib 1 is -a,ppointgo. s 3 lfith:Street Between xang That said elects offic 11 -- - - - ------ - -- ------ ---- - ------- -- ------- - - --- ---------•-------- o / mue and Magnolia Avenwe � 1 leach receive -com�egs$p n �r - publisher. Consolidated,yoting preciii their services in serum u onsaid; g� co rising Mate andC election boasyl the sytPn qif� � Pelectitionec}ngts ($5 00) I�atlars: uigton ach.'Five an�iz Silr, ubscribed and sworn to before me this ...-- _--_--"�..--........ day of That said election shalli`all the polling place thereof µ A r respects be conducted aso prv2ded! ----•- ----------- ------------ -- - the W�inds*0nb ,,by law: _ Streetletw�een C>e#t $I' l i - - Malin stree dated this the 1st day o pnl; - - y l 37. ��' o>soIidateci voting, X election precincts�►umers Y City:Clerk o totetY Inn . (ington-',.-Beach":Seven•Seven=and and,the palUxigilace itbc�re a (be 1Vl aggie l iallicy s,asstore jou; corner. of Frankfort streu ;hkfd: I Alabarim Avenue �j S 4 PROPOSED CHARTER of the City of. Huntington- Beach California f CITY ELECTION, THURSDAY, APRIL 29, 1937 INDEX t Page r Annexation and Consolidation 6 Assessor 3 Attorney, City --- -----------------=-------------------------------------- ---------------------------------- Auditor, City 4 k Audits, Special ------------------------------------------------------------- ----------- --------------- 5 ,. Bids, Contracts -------------------------------------------------------------- 5 � Board of Equalization ..................................... ------------------------------------------- 6 r ti Clerk, City --------------------------------------------------------•------------------------------------------- 6, 8 . Districts, Councilmen -------- .. --------------•-------------------------------------------- 7, 8 CITY COZJNCIL - y , Absence from Meetings --------------- -------------------- - ------------- ------ 8 r Elections of by Districts -------------•-------------------------- -------- ------- --- 7, 8 Mayor -•---=---•----- ---•------------- - ---- - 1, 3 s Meetings ------------------------------------------ - _ 2I Qualifications of Quorum 2y -------------------•--------•-•--... . ---•---•-----• z : Vacancies 'how filled --------------- 2 z Claims Against. City--------• --•--•---- ----••-------•------- Elections, General and Special -------------- ------------------ En 1, 5 Engineer, City............................................. 4 Fire-Chief and Department -5 Franchises -• ... ----- . . Department ---- ---------------------------------------- Health " 5 Judge City - 5 ;r .Legislative Power -- - - - - Legislative Procedure --- - - --- --- 2 }� Y, Librar Pubhc 5 Miscellaneous -_ _ 7 4 t Y Officers, Appointive - - 1�.3 Officers, Elective f -- -- ---- ----- ----- 1, 3, -7 Ordinances 2, -3 Planning Commission ------ •. ---.-- -----•. •-- 5 Police Chief and Department r 3 s Powers of C+itp - --- •-- --•- • Public Works,:_Contracts - -- --- ----- 5 ,� Redistricting -- ---• . -- -- '8 Street Superintendent -------------- ----- --- 4 , Treasurer ------------ ---- ---------------- --- - --• --- - ...................... Taxation ------------------------------------------------ -- -- --- 6 A� Taxes, Special Bonds ---- 6 xk : Utilities, Public - 7h " 1. _E 11� P. ROPOSE, D C H A, T . of the City of Huntington Beach California .ARTICLE Y. i vide a procedure for the carrying exclusive .of any of the powers Clerk and.shall -be canvassed by Name and Succession out and enforcement of any rights herein granted or .incorporated the City Council at the next:regu- . . SECTION 1: The municipal cor-1 or powers belonging to the City, herein by reference. lar meeting of such CouneR after poration now existing and known such procedure..may be .followed SECTION 4: Extent of munici- the expiration of three (3)'fl +ill as the "City of Huntington!unless a different procedure,is or pal jurisdiction. The municipal days after said election Beach," California, shall remain'shall-be provided in this Charter jurisdiction of'the City of Hunt- Immediately after the result and continue a body politic and!or unless a different procedure Is, ington Beach shall extend to the the election is officially declared corporate in fact .and in law,by!or shall be at any time or from limits and boundaries of said City- by the City Council," they clerk the name as at present of "City I time to time provided by ordi- ARTICLE IV shall, under his hand and the of- nance: Elections _c of Huntington Beach, and by; ficial seal of City,issue a er- such name shall have perpetual! It is the intention of.the.people SECTION 1: The members of tificate of election for eachy`xarid succession. tof the City of Huntington Beach the City Council shall be elected every person elected:therea `and ARTICLE IY. in adopting this Charter, to take from the City at large by the serve the same personally or by Y1 t advantage, among other things, of qualified voters of the City at a mail on each such person. { T Boundaries �a , the provisions of the 1914 Amend- general municipal election to be SECTION,6: All elective offic- SECTION 1: The boundaries of ment to Section 6 of Article XI of held therein as hereinafter pro- ers holding office when this C1 - said City of Huntington Beach vided. i the Constitution of the _State of ter takes effect shall continue <to shall continue as now established SECTION 2: Qualified Electors. " California giving Cities Home hold office and exercise the3r,re- until changed as authorized by Rule as to municipal affairs. The qualifications of an elector at spective offices until the pira- law. any election held in the City of ARTICLE III. , SECTION 3: The City of Hunt- tion of the term to wYuch Y they ington Beach shall have Huntington Beach under the pro- , possess were originally elected and until Powers of the City visions of this Charter, shall be and exercise, and is hereby given the election and qualification of SECTION 1: The City of Hunt- and granted, all powers, privile es the same as those prescribed by g their successors, and said;officers ington Beach as successor in in- the general laws of the State for :ifs : g and rights which any municipal shall be entitled to re=election. terest to the municipal corpora- corporation may lawfully possess the qualification of electors at All other officers.and employees tion of the same name hereinbe- or exercise uneer the Constitu- general State elections. No per- in office or employed'shall2co - fore created and existing, shall tion of this State whether in mu- son shall be eligible to vote at time to hold office and Sher gre- have, own, hold, possess, control nicipal affairs, proprietarymat- such City election until he has s ective F 1-'rci p positions and toegerctse and in every way succeed to and ters or otherwise, and all powers, conformed to the general State their respective duties ande . become the owner of all rights, privileges and rights necessary or law governing registration of vot- ployments until they may,&%-else titles claims and interests and all ers: - " appropriate to a municipal cor- moved as in Charter provided,' of ever kind and nature ' property Y poration`and the general welfare SECTION 3: Elective Officers. or the. election or appointment whatsoever,.both real and person- of its inhabitants which are.not No person shall.be eligible to or and qualification of their;success al by said existing municipal cor- prohibited by the..Constitution of hold any, elective office of the ors" poration'-had, owned, held, pos- the State of California, and which City either by election or appoint- SECTION",7 Within ore; sessed, .claimed or controlled and "* it :would be competent for this ment, .unless he .shall have been than sixty (60)days,nor.�Iessk'. shall be subject to'each and all of Charter to set forth specifically or- a .resident and elector thereof for thirty(30) days,- the, debts, _obli ations, liabilities g particularly; each and every pow- at least one year .next:preceding al of this Charter by the and duties of said existing muni- er whether in municipal .affairs, his election or appointment. ture of-the State of Cahfo � e` cipal corporation. proprietary matters or otherwise -.SECTION 4- Election Author- City.Clerk shall call an ele'c SECTION.2: The City of Hunt- which any. municipal corporation ities. 'A11 elections ,provided for fill, the :additional',...offices mad IN ington Beach shall have the right in this State may now or hereafter by this ..Charter, whether for elective under this Charte .' and power to make and enforce lawfully possess or .exercise,. is choice of officers or submission of the officers so electe, V sh 1d. all laws and regulations-in respect hereby given and granted to the questions to the voters, shall be office for the full term as,+m�itlzis to municipal affairs, subject.only City of Huntington Beach, and by conducted in accordance with the Charter provided, and'u- to the restrictions and limitations this. reference thereto each and general election laws of the State successors are elected,at a men r set forth in this Charter; provided(every:such power shall be deem-. of California applicable to cities al municipal.election iand'gnati{ that nothing herein shall be con- ed to"be herein specifically and of.the sixth class,and the provis- fied. strued to prevent or restrict the particularly set forth, given and ions of such general election laws ARTICLE Y City,from exercising or consenting granted; the specification in any of the State of California.shall Legislative Power to, and.the City is hereby author- other part of this Charter of any apply to ;ail such City elections SECTION 1 All lee ized to exercise any and all rights, particular power shall.be deemed except when changed by .this powers of. the•City shall,heves' powers and privileges, heretofore merely a repetition of the state- Charter or by ordinance of the ed, subject to the temis � �us h , ... or hereafter granted or prescrib- ment of that particular power and Council. Charter and of the Constztution. ed b the yz1 y general laws of. the shall not in any._way be held or SECTION 5:`At all elections the of the State of California,�a City;: State; provided also, that where deemed to be a limitation upon returns from each: election pre- Council, except such'`lebiftfi the general laws of.the State p p hereby powers the pro- y granted, or as cinct shall be filed with the-City powers_as are reserved to the�peo-` f tl Y AGE TWO PROPOSED CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA ale by this Charter and the Con- livered personally to each mem- mine contested elections of all city!vided, that the 'second reading ' titution of the State. ber at least three (3) hours before officers. It may establish rules for thereof may be by title only, ;un SECTION 2: Council. The the time specified for the propos-!the conduct of its proceedings and less the Mayor or any councilman;; ;ouncil shall be composed of five ed meeting; provided, however,!punish any member of other per- present demands that the same be ' 5) councilman including a may- that any special meeting of the son for disorderly behavior at any read in full. Any ordinance mays:, r, and shall be the legislative City Council shall be a validly,meeting. It shall cause the City;be amended or modified betwe ne '-- ,ody of the City, each of the mem- called special meeting, without Clerk to keep a correct record of i the time of -its introduction and ,ers of which, including the may- the giving of such written notice,!all its proceedings, and at the de-:the ,time of its final passage;or��: •r, shall have the right to vote as above provided, if all members'sire of any member,the City Clerk adoption, provided its general .pon all. questions before it. of the City Council shall give their i shall call the roll and shall cause.scope and original purpose or pur The members of the City Coun- consent in writing to the holding'the ayes and noes taken on any poses are retained. r it shall be elected as in this Char- of such meeting, and such consent question to be entered in the rec SECTION 5: Ordinances makj �r provided; and shall hold of- is on file in the office of the City'ord journal. ing annual tax levy, ordinances tee for four (4) years and until Clerk at the time of holding such! SECTION 6: Official Action. relating to elections, nces `aeir successors are elected and meeting. A telegraphic communi- The City Council may take official relating to bond issues,ordmanFa s aalified. cation from a councilman consent-!action only by; the passage or I es relating to street proceedings, s; Any vacancy occurring in the mg to the.holding of the meeting adoption of ordinances, resolu- ordinances as,in this Charter 'ouncil shall be filled by the re- shall be deemed to be a consent!tions or motions; provided, that erwise specially required, the an raining councilmen, but in the in writing, any action-of said council fixing nual appropriation-ordinance and within the meaning of, vent that said remaining coup- the terms as expressed in the fore- or prescribing a fine, punishment emergency measures shall take`'ef '' dinen fail to fill such vacancy going sentence. At any special i or penalty, or granting any fran- feet at the time indicated thereu2 y appointment within thirty (30) meeting the power of the City chise, shall be taken by ordinance. All other ordinances'passed :by ays after the vacancy occurs, Council to transact business shall In the absence of any express pro- the Council shall take effect at , iey must immediately cause an be limited to matters referred to vision to the contrary in said con-I the time indicated therein, but r l.ection to be held to fill such va- m such written notice or written,stitution of the State of California, not less than thirtydays .incy;- provided, however, that consent; all meetings of the City or this Charter, said City Council from ,the date of their passage*; iiy-_person appointed to fill such Council shall be held within the may choose any of the foregoing Ordinances adopted by vote of ahe ;> acancy shall hold office only un- corporate limits of the City at;three methods for- taking such electors shall take effect at the- 1 the next regular municipal such place as may be designated!action. time indicated therein, or if no lection, at which date a person by ordinance and shall be.public.' time be specified then thirty (30) In the event that an order of l The City Council may enforce p call be elected to serve for the Y �all ordinances, resolutions, rules days after their adoption. ';;s�'' =ainder of s u c h unexpired adjournment of a regular meet- p I and regulations made by it, and An emergency measure is an rm. ing fails to state the hour at which;may do and perform any and all ordinance to provide fox the im i any adjourned meeting is to be. . In case a member of the Coun-i other acts and things which may mediate preservation of the public 1 is absent from the City for a:held, such adjourned meeting may be necessary and proper or con- peace, property, health or safety, be validly held on the day speci- in which the emergency claimed_is �riod of.sixty (60) days, unless venient and proper to carry out g Y. y permission of the Council, his I fled in the order of adjournment the powers and purposes of the set forth and.defined in the pre if held at the hour set forth in the amble thereto: . The 'affirmative t 'fice shall be declared vacant by i ordinance or resolution prescrib- City of Huntington Beach. � � ie Council .and the same filled i ARTICLE'VI. I vote of at least four (4) members in the cast of other vacancies. ing the time for regular meetings. Legislative Procedure of the Council shall be requ red SECTION 3 Mee'tings._The City' .SECTION 4: Quorum. At'.any SECTION 1: No ordinance 'shall:to pass.any ordinance as`an ei3ier 4k ouncil shall meet on the Monday meeting'of the City Council a ma- be adopted unless the same-shall',gency measure A 3xt succeeding the date of the jority.of said council shall'con-• have been introduced at least five No measure making or amen meral municipal election. Each stitute a quorum_ for,the trans- full days, excluding the day of its ing a grant, renewal :wly elected member of the City action of business,'but a less num- 'introduction, prior 11 to the adoption of a franchise ;or other �spei�aln ouncil before `entering upon his ber may adjourn from time to thereof:' privilege ,hall be passed ran sties shall take..the oath of 'of-.,time, and may.co'mpel the attend SECTION �2: No ordinance emergency measure No''situation e At said meeting the. City.lance`of absent. members in .such shall have"-any validity or.-effect shall be.declared.an emergencye ouncil shall .choose one of its;manner and under Stich'penalties unless passed or adopted by the the Council except as definedn' .imber to=be ,Mayor The City'!as may:be .prescribed by' ordi votes of at_least three of the per- this section,'and'it is the} tenr ouncil shall hold regular meet-!nance, and in the absence,of all sons constituting,,..the five menu i tion of this .Charter that hcompIi�� ; gs 'at least .once each' month_�_of the City Council from any reg tiers of the.City Council. aince with ouch;definition shallia�; such times as it.shall fix by ulaz.meeting or adjourned meet- SECTION 3: ` The enacting strictly construed by the 'Goursr •dinance or resolution -and may!ing_the City Clerk may declare the clause of .every ordinance passed SECTION 6 Every ordinance ' tjourn any regular meeting to a!same postponed. and adjourned or adopted bythe-council shall be; shall be filed and topically indexes t. ite certain, which shall be,spec I to a stated day and hour,'and must "The City Council_of the City of ed m a--'-book kept for that piu�`,.,N% ied in.the order of adjourrunent,i thereupon deliver or cause to be Iiuxitington, Beach; Califorma, pose, shall be authenticated by the . .. id when so adjourned,,.such ad-i delivered personally to each me does ordain as follows:.. The en- signatures of the Mayor and City urned meeting.shall be a regu-i ber`of'.the City Council a written acting clause_=-of,every ordinance, Clerk, or-'his authorized deputy r meeting for all purposes. Such notice .of. 'such adjournment .at adopted by the :people shall be, and within ten- days' after*its 4 Ijourned`meeting may likewise least three hours before the tune "The people of the City of Hunt adoption 'shall be pubIished� at' ' adjourned and when so ad- to which said regular or any ad- ington--Beach California, .do or least once in a newspaper of�geii42% urned shall.be a regular meet-'Journed regular meeting has been lain as follows:" eral circulation published and fcir , ; g for all:purposes. ;adjourned. `SECTION 4 Every ordinance in culated in the City of Huntmgton,�4; Special meetings may be called. SECTION.5: Council-Rules.'The troduced shall be read upon its in- Beach.' In the event-;the._public,>� , any time by the Mayor, or by City .Council .shall judge "of:the troduction, and the same shall be•flan of any ordinance sh'alI not-be 3 -� 'rfe6' :ree (3) =members of the City qualifications of its members and read a second time upon the final; 'made within said period often )uncil by written notice de of all election returns, and`deter- ass, a and ado tion thereof• pro-'i days hereiiiabove desi ` . e p-- g' ,P p y gna a sal X �d x PROPOSED CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA PAGEM-TARE ordinance shall not thereby be the City Council, to more than knowledge the execution of all in- tion, at 12:00 o'.clock noon',on tl rendered null and void, but the -one office or appointment, pro- struments executed by said city first Monday in March of i-ac effective date thereof shall be vided said council does not deem that are required to be acknow- year. He shall make out isK'tii postponed until the full period of the duties of such offices or ap- hedged. ing the names of owners an 'de: thirty days shall have elapsed af- pointments to be in conflict, or In the event of a vacancy oc- cription and value of the propert, ter the publication thereof. I the holding thereof by one person curring in the office of the mayor following the form, as near y;'s SECTION 7: No ordinance or to be contrary to good public pol-. for an cause, the Council shall may be, required by the laws,c order for the y,' y. y payment of money,is If an elective officer of the have the authority to fillsuch va- the State of California governin shall be passed or adopted at any City under the authority herein cancy. County Assessors. other than a regular meeting or given,- be appointed to hold 'any SECTION 4: 'Chief of Police. SECTION 6: City Attorney`Tli adjourned regular meeting of the appointive office created herein, The Chief of Police shall be the City Attorney shall be an attorne; City Council. or created b ordinance as herein ' y head of the Police Department of and counsellor-at-law, duly,,�ad SECTION 8: Ordinances and!Provided, he shall be entitled to the City of Huntington Beach and mitted to practice law m the$taV receive as such appointive officer ' " resolutions are the formal acts of 1shall have all the powers that are of California. He shall have bees the City Council reduced to writ:I the salary or compensation at- now or may hereafter be confer- actually engaged in the pram ing and passed under legal re-itached to such appointive office red upon sheriffs and other peace of the profession of law :in addition and without regard to strictions governing action there-, officers by the.laws of the State State for a period_ of al.'least three on. Orders embrace all other acts,,his salary or compensation as an of California. It shall be his duty years next before his selection >h elective official; provided the du- which being less formal in charac- to preserve the public peace and shall be his duty, when direetec ter, require onlyto be duly ties of such appointive office are `'o"' y pass-l to suppress riots, tumults and dis- by the City Council'to proseetitc ed by the Council and spread up- not such as he would reasonably turbances. His orders shall be on behalf of the people all crimi- on the minutes.. I be required to perform as such promptly executed p b p y the police nal cases for violation ,of�,�tlu: SECTION 9: All Ordinances,!elective official. All elective and officials, or watchmen of the city, Charter and of e cityG, antes. appointive officers shall be pro- to Resolutions or Orders in force at! and every citizen shall lend him and to attend to all suits and oth- the time this Charter takes effect,;vided with a copy of the Charter aid when requested for the arrest er matters to which the City 2s-E of the City of-Huntington Beach. ' shall 'continue in full force and of offenders, the maintenance of party, or in which the City,maybe effect until-repealed or amended! Section 2: The City Clerk, and public order, or the protection of legally interested. He shii1Fb-t S; as provided in the Law of the I City Treasurer shall be elected life and property. attendance at, every meeting-of State of California under which i from the City at large and shall - He shall execute and return all the City Council unless excused they, or it, was inacted. !hold office for four years and un- process .issued to him by legal therefrom by the May6i%F,Ihe SECTION 10: The power of the`til their successors are elected and authority. He shall perform the Council. He shall give his:advice City to acquire by purchase, gift,I qualified. ,All other officers shall duties of a regular patrolman and or opinion in writing whenever r�. bequest or devise or condemna-'be appointive by the Council and have authority, and it is hereby required by the- it Council 'or tion, or by any other means; with- shall hold office at the pleasure of made his duty, to arrest persons other officers. He 'shall;,bethe in or without`the boundaries of'the Council, unless otherwise pro- violating any law of the State or I legal adviser of all_.City officers; said City , property both real and vided by ordinance. ordinance of-the City. Those ar- he shall approve the forms of,all personal shall be exercised in ac- . SECTION 3: Mayor. The mayor rested for violating City ordinan-`bonds given to and all confrae s r 4 cordance with the provisions of shall preside at the meetings of,ces may, before -or after trial, be made with the City, he shall, the general laws of the State of the. City Council, and in case of confined to the County jail of Or- when required by. the Council2 r California as the same now exists i his absence or inability to act, the ange County or in the City jail any member thereof; drift aTl pro- or as they may hereafter be City Council shall appoint a may-;of the City of Huntington Beach.(posed ordinances for theCi 'and amended, unless otherwise pro- or pro tempore, .who shall serve The Chief of Police shall have amendments thereto; and,4 0 vided by this Charter or by ordi- only until such time:as the mayor such other powers and duties ap- and perform.all such thingsucli= M nance of the City Council, returns and ,is able to act, and,Pertaining to his office,as may be)ing his office as the Counay prescribed by the City Council or I!require of him � �� : ARTICLE .V, U. who for such period shall have all-P tY. � . Officers, Deputies and Employees of the powers and duties of .the rules of the Police Department. He shall receive ,as rc SECTION 1: The; officers of mayor.,-The`mayor "shall have'the:He shall appoint and remove all tion a salary`to be fxed'by'`ordi ig power to maka-.or second any mo-'subordinates in the department, nance or resolution and he the City,.of Huntin ton Beach shall P be five members of the.City`Coon- tion and to present and discuss"make rules and regulations for the receive in .addition thereh cil, :one of whom shall be chosen any, matters, notwithstanding the management of the department, reasonable'additional fees o c&h as Mayor; a'City Clerk, who shall fact that the mayor is the presid-:and prescribe tests and examina- pensation as the City_Coulic may tions for persons in the depart- be ex-officio City Assessor, a City ing officer of the council.• In the p P -allow for suits or procee�s Treasurer;'a City Engineer, who case of the absence of the City;ment, all in accordance with the fore -any court, board, kfri . shall until changed by ordinance Clerk, the. deputy city_clerk shall Provisions c f this Charter, and officer,or conimissiori iii wiibl die be ex=officio'Building Inspector act. If there,be no deputy, city subject to the approval of the has been directed by the �ounil and ex-officio Street Superintend- clerk then the- mayor shall a City.Council. to act.or a Y P-; PPear and a��vvhen. ent,`a City Judge; a Chief of Po- point one-of the`members of the. .SECTION 5: City, Assessor. allowed by the councl ex ra tom lice,-'a City Attorney; a City Audi- City Council city clerk pro temp-There shall be a City Assessor, of pensation for bond ssues of all tor, a City Collector and a Fire ore. The mayor 'shall sign all which office-the City Clerk shall kinds.and for any service @h Chief; provided, the Council may warrants drawn on the . City be ex-officio incumbent. It shall the City.Council may deem extra by ordinance provide for such sub- Treasurer, and.shall sign all writ- be the duty of the Assessor, -as ordinary. ordinate 'officers, assistants, -dep- ten contracts and conveyances'soon after the first Monday of 'The City Council xshall have uties,- clerks sand employees as made or entered into by said,city. March of each year, as practic- power to direct and controlthei they may deem necessary and may The mayor shall- have .p o w e r able, to make a full, true and cor- prosecution `and defense of aII fix their respective duties, powers to administer,oaths and affirma- rect , assessment of all taxable suits and proceedings to whi #Jie and compensations. tions, to take affidavits and to property within the City of Hunt- City is a party or in wh2ch2s The Council may a � ppoirit any testify the same under.his hand.!iiigton Beach, owned or possessed interested and may employ special' person, other than 'a member of The mayor is authorized to ac-i by any person, board or corpora- counsel to assist the`,CityAttorney; � ate: i i — 3 — Q' CHAPTER__ _i Assenibly Coaicurrent Resolution 1"0. 53—Relative to fTae approval of the charter of the city of Huntington Beach, a municipal corporation, in the connty of Orange, State of California, as voted for and ratified by the electors of the city of Huntington Beach, at an election held therein on the twenty-ninth day of April, 1937. WHEREAS, The city of Huntington Beach, in the county of Orange, State of California, is now and at all times herein referred to Avas a city containing a population of more than thirty-five hundred (3500) inhabitants as ascertained by the last preceding census taken under the authority of the �.` Congress of the United States, to wit, a census duly taken by the United States of America in 1930; and ' WHEREAS. Said city of Huntington Beach is now and at all times herein mentioned was a municipal corporation duly authorized and,existing under the general laws of the State of California as a city of the sixth class; and WHEP.EAs, ProceedinTs have been duly had in and taken by the said city of Huntington Beach for the preparation, pro- posal, adoption and ratification of a charter for the govern- ment of said city of Huntington Beach, all as set forth in the following certificate of the mayor of said city and the city clerk of said city of Huntington Beach, to wit: CERTIFICATE OF PROCEI DT1'GS HAD A\D TAKEN BY THE CITY OF HUINTINGTO\ BEACH IV FRAII- I\G A CHARTER FOR ITS OWN GOVERN-ME\�T. STATE OF CALIFOR\IA, County of Orange, ss. City of Huntington Beach. We, the undersigned, AVILLIS H. �V��R\TER, 'Mayor of the City of Huntington Beach, County of Orange, State of.Cali- fornia, and C. R. PURR, City Clerk of said City and ex- officio Clerk of the Citti Council of said City do hereby certify and declare as follows: That the undersigned. said C. R. Purr, was at all the times herein mentioned, the Clerk of the le.islati;-e body of the City and Cite- Clerk of said City of'Huntington Beach; that here- tofore and prior to the Nth d:.v of -March, 1937, the said-City Council of the City of Hunti:. •ton Beach did f-ranic a proposed charter for its own 1-overnment. and on the 16th clay of March, 1937, said City Council of said .City, by Resolution - 4 — No. 770, adopted by the unanimous vote of said City Council at a.i adjourned regiflar meeting of said City Council, called a special election to be held on the 29th clay of April, 1937, for the purpose of submitting to the electors of said City of Hunt- ington Beach the proposition or the adoption of said proposed charter framed by said leuislative body of said City, which charter was set out in full in said resolution, and designated as Proposed Charter of the City of Huntington Beach, Cali- fornia; and further provided that said City Council should meet on Monday, the 3rd clay of lIay. 193 7, following said ' election for the purpose of canvassing the returns thereof, and in the event said charter be adopted by the electors, the City- Clerk be authorized, directed and instructed to submit the same to the State Legislature of the State of California for ratification; and further resolved that the proposal for the adoption of said proposed charter of the City of Huntington Beach should be submitted to the electors at said special elec- tion. held April 29, 1937, and further directed that said City Clerk publish said proposed charter on the 18th day of March, 1937, in the Huntington Beach News, a newspaper of general circulation, printed and published in the City of Huntington Beach; That said proposed charter was published pursuant to said order in said newspaper and in each edition thereof during the publication on the 18th day of March, 1937; that the date set for the submission to the electors of said proposed charter, to-wit, April 29, 1937, was not less than forty (40) days nor more than sixty- (60) days after the completion of tile adver- tising in said official paper, as aforesaid; That the population of.said City of Huntington Beach is more than thirty-five hundred (3500) inhabitants as ascer- tained by the last preceding census taken under the authority of the Congress of the United States, and of less than fifty thousand (50,000) population. That said election was duly and regularly held on the 29th day of April, 1937, and that at said election a majority of the qualified voters voting thereon voted in favor of said proposed charter and for the ratification and adoption thereof; That the said City Council of the City of Huntington Beach at a meeting duly held on Dlay 3, 1937, at the time and in the form and manner required by law, and in accordance with the law in such cases made and provided, duly canvassed the returns of said election, and duly found, determined and declared that a majority of said electors voting thereon had voted in favor of said proposed charter and for the ratification and adoption thereof, and that the same was adopted and ratified by more than the majority of the qualified voters of the City of Huntington Beach voting thereon; - 5 — That said election above mentioned was held in accordance with the election laws of the State of California relating to and governing elections in cities of the sixth class within said state, so far as applicable, and in other respects in strict accordance with the general laws of the State of California; and that said Citv of Huntington Beach was on the date of said election a city of the sixth class, duly organized and = existing under and by virtue of the laws of the State of Cali- fornia pertaining to municipal corporations; That said charter so prepared, proposed, submitted, ratified and adopted as herein set forth is in the words and figures following, to-wit: CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA. ARTICLE I. Name and Succession SECTION 1: The municipal corporation now existing and known as the "City of Huntington Beach," California, shall remain and continue a body politic and corporate in fact and in law by the name as at present of "City of Huntington Beal-h." and by such name shall have perpetual succession. ARTICLE II. Boundaries SECTION 1: The boundaries of said City of Huntington Beach shall continue as now established until changed as authorized by law. ARTICLE III. Powers of the City SECTION 1: The City of Huntington Beach, as successor in interest to the municipal corporation of the same name hereinbefore created and existing, shall have, own, hold, possess, eontrol and in every way succeed to and become the owner of all rights, titles, claims and interests and all property of every kind and nature whatsoever, both real and personal by said existing municipal corporation had, owned, held, possessed. 'claimed or controlled, and shall be subject to each and all of the debts, obligations, liabilities and duties of said existing municipal corporation. — 6 — SECTION 2: The City of Huntington Beach shall have the right and power to make and enforce all laws and regu- lations in respect to municipal affairs, subject only to the restrictions and limitations set forth in this Charter; pro- vided that nothing herein shall be construed to prevent or restrict the City from exercising or consenting to, and the City is hereby- authorized to exercise any and all rights, po«vers and privileges heretofore or hereafter granted or pre- scribed by the general laws of the State; provided also, that where the general laws of the State provide a procedure for the carrying out and enforcement of any rights or powers belongin-to the City, such procedure may be followed unless a different procedure is or shall be provided in this Charter or unless a different procedure is or shall be at any time or from time to time provided by ordinance. It is the intention of the people of the City of Huntington Beach in adopting this Charter, to take advantage, among other things, of the provisions of the 1914 Amendment to Section 6 of Article YI of the Constitution of the State of California ;ivin,• Cities Home Rule as to municipal affairs. SECTION 3: The Citv of Huntington Beach shall have, possess and exercise, and is hereby given and granted, all powers, privileges and rights which any municipal corporation may lawfully possess or exercise under the Constitution of this State whether in municipal affairs, proprietary matters or otherwise, and all powers, privileges and rights necessary or appropriate to a municipal corporation and the general welfare of its inhabitants which. are not prohibited by the Constitution of the State of California, and which it would be competent for this Charter to set forth specifically or par- ticularly ' ; each and every power whether in municipal affairs, proprietary matters or otherwise which any municipal cor- poration in this State may now or hereafter lawfully possess or exercise, is hereby given and granted to the City of Hunt- ington Beach, and by this reference thereto each and every such power shall be deemed to be herein specifically and partic- ularly set forth, given and granted; the specification in any other part of this Charter of any particular power shall be deemed merely a repetition of the statement of that particular power and shall not in any way be held or deemed to be a lim- itation upon the powers hereby granted,or as exclusive of any of the powers herein granted or incorporated herein by ref- erence. SECTION 4: Extent of municipal jurisdiction. The municipal jurisdiction of the City of Huntington Beach shall extend to the limits and boundaries of said City. — ? — ARTICLE IV. a Elections SECTION 1: The members of the Citv Council shall be elected from the City at large by the qualified voters of the City at a general municipal election to be held therein as hereinafter provided. SECTION 2: Qualified Electors. The qualifications of an elector at any election held in the City of Huntington Beach under the provisions of this Charter, shall be the same as those prescribed by the general laws of the State for the qualifica- tion of electors at general State elections. No person shall be eligible to vote at such City election until he has conformed to the general State law governing registration of.voters. SECTION 3: Elective Officers. No person shall be eligible to or hold any elective office of the City either by election or appointment, unless he shall have been a resident and elector thereof for at least one year neat preceding his election or appointment. SECTION 4: Election Authorities. All elections provided for by this Charter, whether for choice of officers or submis- sion of questions to the voters, shall be conducted in accord- ance with the general election laws of the State of California applicable to cities of the sixth class, and the provisions of such general election laws of the State of California shall . apply to all such City elections except when changed by this Charter or by ordinance of the Council. SECTION 5: At all elections the returns from each elec- tion precinct shall be filed with the Citv Clerk and shall be canvassed by the City Council at the nest regular meeting of sneh Council after the expiration of three (3) full days after said election. Immediately after the result of the election is officially declared by the City Council, the Clerk shall, under his hand and the official seal of said City, issue a certificate of election for each and every person elected thereat, and serve the same personally or by mail on each such person. SECTIO,T 6: All elective officers holding office when this Charter takes effect shall continue to hold office and exercise their respective offices until the expiration of the term to which they were originally elected and until the election and qualifi- cation of their successors, and said officers shall be entitled to re-election. All other officers and employees in. office or employed shall continue to hold office and their respective positions and to exercise their respective duties and employ- ments until they may be removed as in this Charter provided, or the election or appointment and qualification of their suc- cessors. i - s - SECTION 7: Within not more than sixty (60) days, nor less than thirty (30) days. after the approval of this Charter by the Legislature of the State of California, the City Clerk shall call an election to fill the additional offices made elective under this Charter and the officers so elected shall hold office for the full term as in this Charter provided, and until their successors are elected at a general municipal election and qualified. ARTICLE V. Legislative Power SECTION 1: All legislative powers of the City shall be vested, subject to the terms of this Charter and of the Con- stitution of the State of California, in a City Council, except such legislative powers as are reserved to the people by this Charter and the Constitution of the State. SECTION 2: Council. The Council shall be composed of five (5) councilman including a mayor, and shall be the leg- islative body of the City. each of the members of which, including the mayor, shall have the right to vote upon all questions before it. The members of the City Council shall be elected as in this Charter provided, and shall hold office for four (4) years and until their successors are elected and qualified. Any vacancy occurring in the Council shall be filled by the remaining councilmen, but in the event that said remaining councilmen fail to fill such vacancy by appointment within thirty (30) days after the vacancy occurs, they must imme- diately cause an election to be held to fill such vacancy; pro= vided, however,.that any person appointed to fill such vacancy shall hold office only until the next regular municipal election, at which date a person shall be elected to serve for the remainder of such unexpired term. In case a member of the Council is absent from the City for a period of sixty (60) days, unless by permission of the Council, his office shall be declared vacant by the Council and the same filled as in the case of other vacancies. SECTION 3: Meetings. The City Council shall meet on the Monday next succeeding the date of the general municipal election. Each newly elected member of the City Council before entering upon his duties shall take the oath of office. At said meeting the City Council shall choose one of its num- ber to be Mayor. The City Council shall hold regular meet- ings at least once in each month at such times as it shall fix by ordinance or resolution and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment, and when so adjourned, such - 9 — adjourned meeting shall be a regular meeting for all pur- poses. Such adjourned meeting may likewise be adjourned and when so adjourned shall be a regular meeting for all purposes. Special meetings may be called at any time by the Mayor, or by three (3) members of the City Council, by written notice delivered personally to each member at least three (3) hours before the time specified for the proposed meeting; provided, however, that any special meeting of the City Coun- cil shall be a validly called special meeting, without the giving of such written notice, as above provided, if all members of the City Council shall give their consent in writing to the holding of such meeting, and such consent is on file in the office of the City Clerk at the time of holding such meeting. A telegraphic communication from a councilman consenting to the holding of the meeting shall be deemed to be a consent in writing, within the meaning of the terms as expressed in the foregoing sentence. At any special meeting the power of the City Council to transact business snail be limited to mat- ters referred to in such written notice or written consent; all meetings of the City Council shall be held within the corpo- rate limits of the City at such place as may be designated by ordinance and shall be public. In the event that any order of adjournment of a regular meeting fails to state the hour at which any adjourned meet- ing is to be held, such adjourned meeting may be z•alidly held on the day specified in the order of adjournment if held at the hour set forth in the ordinance or resolution prescribing the time for regular meetings. SECTION 4. Quorum. At any meeting of the City Council a majority of said council shall constitute a quorum for the transaction of business, but a less number may adjourn from time`to time, and may compel the attendance of absent members in such manner and. under such penalties as may be prescribed by ordinance; and in the absence of all of the City Council from any regular meeting or adjourned meeting the City Clerk may declare the same postponed and adjourned to a stated day and hour, and must thereupon deliver or cause to be delivered personally to each member of the City Council a written notice of such adjournment at least three hours before the time to which said regular or an.% adjourned regular meeting has been adjourned. SECTION 5: Council Rules. The City Council shall judge of the qualifications of its members and of all election returns, and determine contested elections of all city officers. It may establish rules for the conduct of its proceedings and punish any member or other person for disorderly behavior at any meeting. It shall cause the City Clerk to keep a correct record of all its proceedings, and at the desire of any member, - 10 — the City Clerk shall call the roll and shall cause the ayes and noes taken on any question to be entered in the record journal. SECTION 6: Official Action. The City Council may take official action only by the passage or adoption of ordinances, resolutions or motions; provided, that any action of said council fixing or prescribing a fine, punishment or penalty, or grant- ing any franchise, shall be taken by ordinance. In the absence of any express provision to the contrary in said constitution of the State of California, or this Charter, said City Council may choose any of the foregoing three methods for taking such action. The City Council may enforce all ordinances, resolutions, rules and regulations made by it, and may do and perform any and all other acts and things which may be necessary and proper or convenient and proper to carry out the powers and purposes of the City of Huntington Beach. ARTICLE VI. Legislative Procedure SECTION 1: No ordinance shall be adopted unless the same shall have been introduced at least five full days, exclud- ing the day of its introduction, prior to the adoption thereof. SECTION 2: No ordinance shall have any validity or effect unless passed or adopted by the votes of at least three of the persons constituting the five members of the City Council. SECTION 3: The enacting clause of every ordinance passed or adopted by the council shall be, "The City Council of the City of Huntington Beach, California, does ordain as follows:" The enacting clause of every ordinance adopted by the people shall be, "The people of the City of Huntington Beach, California, do ordain as follows:" SECTION 4: Every ordinance introduced shall be read upon its introduction, and the same shall be read a second time upon the final passage and adoption thereof; provided, that the second reading thereof may be by title only, unless the Mayor or any councilman present demands that the same be read in full. Any ordinance may be amended or modified between the time of its introduction and the time of its final passage or adoption, provided its general scope and original purpose or purposes are retained. SECTION 5: Ordinances making annual tax levy, ordi- nances relating to elections, ordinances relating to bond issues, ordinances relating to street proceedings, ordinances as in this Charter otherwise specially required, the annual appropriation ordinance and emergency measures shall take effect at the time indicated therein. All other ordinances passed by the Council shall take effect at the time indicated therein, but not less than thirty (30) days from the date of their passage. Ordinances adopted by rote of the electors shall take effect at the time indicated therein, or if no time be specified then thirty (30) days after their adoption. An emergency measure is an ordinance to provide for the immediate preservation of the public peace, property, health which the emergency claimed is set forth and or safety, in defined in the preamble thereto. The affirmative vote of at least four (4) members of the Council shall be required to pass any ordinance as an emergency measure. No measure making or amending a grant, renewal or exten- sion of a franchise or other special privilege shall be passed as an emergency measure. No situation shall be declared an emergency by the Council except as defined in this section, and ' it is the intention of this Charter that compliance with such definition shall be strictly construed by the Courts. SECTION 6: Every ordinance shall be filed and topically indexed in a. boot: kept for that purpose; shall be authenti- cated by the signatures of the Mayor and City Clerk, or his authorized deputy, and within ten days after its adoption shall be published at least once in a newspaper of general circulation published and circulated in the City- of Huntington Beach. In the event the publication of any ordinanee shall not be made within said period of ten days herein<bove designated, said ordinance shall not thereby be rendered null and void, but the ef:ective date thereof shall be postponed until the full period of'thirty days shall have elapsed after the publication thereof. SECTION 7: No ordinance or order for the payment of money shall be passed or adopted at any other than a regular meetin; or adjourned regular meeting of the City Council. SE CTION. S Ordinances and resolutions are the formal acts of the City Council reduced to writinz and passed under legal restrictions governing action thereon. Orders embrace all other acts, which being less formal in character, require only to be duly passed by the Council and spread upon the rainutes. SECTION 9: All Ordinances, Resolutions or Orders in force at the time this Charter takes effect, shall continue in full force and effect until repealed or amended as provided in the Law of the State of California under which they, or it, was enacted. SECTION 10: The power of the City to acquire by pur- chase, gift, bequest or devise or condemnation, or by any other means, within or without the boundaries of said City, property both real and personal shall be exercised in accordance with - 12 — the provisions of the general laws of the State of California as the same now exist or as they may hereafter be amended, unless otherwise provided by this Charter or by ordinance of the City Council. ARTICLE VII. Officers, Deputies and Employees i - SECTION 1: The officers of the City of Huntington Beach shall be five members of the City Council, one of whom shall f be chosen as Mayor; a City Clerk, who shall be ex-officio City Assessor, a City Treasurer; a City Engineer, who shall until changed by Ordinance, be ex-officio Building Inspector and ex-officio Street Superintendent, until changed by Ordinance, 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 offi- cers, assistants, deputies, clerics and employees as they may deem necessary and may fix their respective duties, powers and compensations. The Council may appoint an}' person, other than a member of the City Council, to more than one office or appointment, provided said council does not deem the duties of such offices or appointments to be in conflict, or the holding thereof by one person to be contrary to good public policy. If an elective officer of the City under the authority herein given, be appointed to hold any appointive office created herein, or created by ordinance as herein provided, he shall be entitled to receive as such appointive officer the salary or compensation attached to such appointive office in addition and without regard to his salary or compensation as an elective official; provided the duties of such appointive ofnee are not such as be would reasonably be required to perform as such elective official. All elective and appointive officers shall be provided with a copy of the Charter of the City of Huntington Beach. SECTION 2: The City Clerk and City Treasurer shall be elected from the City at large and shall hold office for four years and until their successors are elected and qualified. All other officers shall be appointive by the Council and shall hold office at the pleasure of the Council, unless otherwise pro- vided by Ordinance. SECTIO\ 3: Mayor. The mayor shall preside at the meetings of the City Council, and in case of his absence or inability to act, the City Council shall appoint a mayor pro tempore, who shall serve only until such time as the mayor returns and is able to act, and who for such period shall have all of the powers and duties of the mayor. The mayor shall. — 13 have the power to make or second anc motion and to present and discuss any matters, notwithstanding the fact that the mayor is the presiding officer of the council. In the case of the absence of the City Clerk, the deputy city clerk shall act. If there be no deputy city clerk, then the mayor shall appoint one of the members of the City Council city clerk pro tem.- pore.., The mayor shall sign all warrants drawn on the City Treasurer,. and shall sign all written contracts and convey- ances made or entered into by said city. The mayor shall have power to administer oaths and affirmations, to take affidavits and to testify the same under his hand. The mayor is authorized to acknowledge the execution of all instruments executed by said city that are required to be acknowledged. In the event of a vacancy occurring in the office of the mayor for any cause, the Council shall have the authority to fill such vacancy. SECTION 4: Chief of Police. The Chief of Police shall be the head of the Police Department of the City of Hunting- ton Beach and shall have all the powers that are now or may hereafter be conferred upon sheriffs and other peace officers by the laws of the State of California. It shall be his duty to preserve the public peace and to suppress riots, tumults and disturbances. His orders shall be promptly executed by the police officials, or watchmen of the city, and every citi- zen shall lend him aid when requested for the arrest of of-.enders, the maintenance of public order, or the protection of life and property. He shall execute and return all process issued to him by legal authority. lie shall perform the duties of a regular patrolman and have authority, and it is hereby made his duty, to arrest persons violating any law of the State or ordinance of the City. Those arrested for violating City ordinances may, before or after trial, be confined to the County jail of Orange County or in the City jail of the City of Huntington Beach. The Chief of Police shall have such other powers and duties appertaining to his office as may be prescribed by the City Council or rules of the Police Depart- ment. He shall appoint and remove all subordinates in the department, make rules and regulations for the management of the department, and prescribe tests and examinations for persons in the department, all in accordance with the pro- visions of this Charter, and subject to the approval of the City Council, SECTION 5: City Assessor. There shall be a City Asses- sor, of which office the City Clerk shall be ex-of eio incumbent.. It shall be the duty of the Assessor, as soon after the first Monday of March of each year, as practicable, to make a full, true and correct assessment of all taxable property within 14 _ the City of Huntington Beach, owned or possessed by an person, board or corporation, at 12:00 o'clock noon on the first Monday in March of each year. He shall make out lists, giving the names of owners and description and Value of the property, following the form, as nearly as may be, required by the laws of the State of California governing County Assessors. SECTION 6: City Attorney. The City Attorney shall be an attorney and counsellor-at-law, duly admitted to practice law in the State of California. He shall have been actually engaged in the practice of the profession of law in this State for a period of at least three years nest before his selection. It shall be his duty, when directed by the City Council, to prosecute on behalf of the people all criminal. cases for vio- lation of this Charter and of city ordinances, and to attend to all suits and other matters.to which the City is a party, or in which the City may be legally interested. He shall be in attendance at every meeting of the City Council unless excused therefrom by the Mayor or the Council. He shall jive his advice or opinion in waiting whenever required by the City Council or other officers. He shall be the legal adviser of all City officers; he shall approve the forms of all bonds given to and all contracts made with the City; he shall, when required by the Council or any member thereof; draft all proposed ordinances for the City and amendments thereto; and shall do and perform all such things touching his ofi'lce as the Council may require of him. He shall receive as compensation a salary to be fixed by ordinance or resolution and he shall receive in addition thereto such reasonable additional fees or compensation as the City Council may allow for suits or proceedings before any court, board, tribunal, officer or commission in which he has been directed by the Council to act or appear and also when alln ed by the council extra compensation for bond issues of all kinds and for any service which the City Council may deem extraordinary. The City Council shall have power to direct and control the prosecution and defense of all suits and proceedings to which the City is a party or in which it is interested and may employ special counsel to assist the City Attorney therein and provide for the compensation of and pay such special counsel. The City Attorney may appoint a secretary at such salary, or compensation as the City Council, by ordinance or resolu- tion, shall prescribe. SECTIO\' 7: Treasurer. The treasurer shall receive and safely keep all moneys and securities belonging to the City.and coming into his hands, and pay out such moneys only on -war- rants signed by the proper officers and not otherwise. for claims or demands which have been previously allowed or approved by the City Council. The treasurer may deposit all or such portion of the public moneys as may be determined by the City Council in any bapk authorized by law to receive deposits of public money, in accordance with the provisions of the Constitution and the laws of the State of California. He may appoint such deputies and employees to assist him at such salaries or compensation as the Council may by ordi- nance or resolution prescribe. The city treasurer shall perform such other duties as may be prescribed by this Charter or by resolution or ordinance of the City Council. SECTION 8: City Clerk. Until such time as the Council of said Citv shall otherwise by Ordinance provide the City Clerk shall be ex-officio City Auditor. The City Clerk shall, subject to the approval of the City • Council, appoint such deputies and employees to assist him, at such salaries or compensation as the Council may by ordi- nance or resolution prescribe. The City Clerk shall have the custody of and be responsible for the corporate seal., and all books, papers, records, con- tracts and archives belonging to the City or to any department thereof, not in actual use by other officers or elsewhere by special provision of this charter, or by ordinance of said city committed to their custody. The City Clerk or his deputy or assistant, shall be present at each meeting of the Council unless excused therefrom by the Mayor, or Council, and keep full and accurate minutes of its proceedings and also separate books in which, respec- tively, he shall record all ordinances and official bonds; he shall keep all of the books properly indexed and open to the public inspection when not in use. The City Clerk shall have power to take affidavits and administer oaths in all matters relating to the business of the City, and shall make no charge therefor. The City Clerk shall perform such other duties as may be prescribed by this charter, or by resolution or ordinance of the City Council. SECTIO\7 9: City Collector. It shall be the duty of the Collector to collect all taxes levied by the Council and other moneys due the City. IIe shall, at the close of each business day, pay to the treasurer all taxes or other funds of the City collected by him during such day or in his possessio:i. Upon receipt of any tat list he shall give his receipt therefor to the auditor, and shall, upon delivery to the auditor of the delin- quent tax list, take his receipt for the same. He shall be charged with all taxes levied upon real and personal property within the City upon his receipt of the tax list from the audi- tor. He shall be charged with and indebted to the City for — 16 the full amount of all taxes due upon delinquent lists delivered to him for collection unless the council determines by resolution that he is unable to collect the same by levy and sale of the property assessed therefor. He shall possess such other powers and perform such additional duties, not in conflict with this charter, as may be prescribed by resolution or ordinance, and his salary shall be fixed by ordinance or resolution. SECTION 10: Auditor. No one shall be eligible for elec- tion to or to hold the office of auditor who is not a certified public accountant, or who has not had at least three years practical experience in accountancy and bookkeeping. The auditor shall be the general accountant of the City. He shall retain and preserve in his office all accounts, books, vouchers, documents and papers relating to the acts and contracts of the City, its debts, revenues and other financial affairs. He shall keep an account of all moneys paid into and out of the treasury, and shall approve all lawful demands. He shall always know the.exact condition of the treasury. He shall approve no demand unless the same has been allowed by the Council and he is satisfied that the money is lawfully due. He shall possess such other powers and perform such additional duties as provided elsewhere in this charter or as may be pre- scribed by resolution or ordinance. SECTION 11: Qualifications of Appointive Officers. Except as otherwise provided in this charter, all officers of the City shall have been a resident and elector of the City of Huntington Beach for at least one year nest preceding his appointment; provided, however, that this section shall be inoperative if it shall be determined by the vote of at least four of the City Council that there is not a person with such a length of residence who is otherwise qualified for and acceptable to fill said office and -,vho will accept the same. SECTION 12: City Engineer. The City Engineer, by virtue of his office, shall until changed by Ordinance, also be Street Superintendent, and Building Inspector, and shall be appointed by the City Council and shall be a civil engineer licensed in the State of California and of not less than three years' professional experience. He shall receive such salary or compensation as the City Council shall by ordinance or resolution prescribe. He shall perform such civil engineering and surveying necessary in the prosecution of public work done under the direction or supervision of the City Council as the said council may require. He shall make such certificates and reports upon the progress of such work, and shall make such surveys, inspections and estimates, and perform such other surveying or engineering work, as may be required by law or ordinance or by resolution or order of the City Council. He shall have all the powers and perform all the duties imposed upon him by this Charter, the ordinances of the City — 17 of H tint in;atoil Beach and the orders of the City- Council, and shall be the custodian of and responsible for all maps, plans, profiles, field notes and other records and memoranda belong- ing to the city pertaining to his office and the work thereof; all of which lie shall keep in proper order and condition, with full index thereof, and shall turn over the same to his successor. All maps, plans, profiles, field notes, estimates and other memoranda of surveys and other professional work made or done by him, or under his direction or control during his term of office, shall be the property of the City of Hunting- ton Beach. Said City Engineer, Street Superintendent, and Building Inspector may appoint such assistants, deputies, clerks, sten- ographers and other persons at such salaries or compensa- tion as the City Council by ordinance or resolution shall pre- scribe to assist him in either his capacity as City Engineer, Street Superintendent or Building Inspector. As Street Superintendent, subject to the provisions of this Charter and all ordinances of the City of Huntington Beach and laws of the State of California. applicable thereto, he shall manage and have charge of the construction, improvement, repair and maintenance, and the keeping open and unob- structed, of streets, sidewalks, alleys, lanes, courts, bridges, via- ducts and other public highways; of all sewers, drains, ditches, culverts, canals, streams and water courses; of boulevards, squares and other public places and grounds belonging to the City or dedicated to public use, except waterworks, parks, playgrounds and school grounds, and property. He shall manage market houses, free markets, sewage disposal plants and farms, garbage disposal systems, plants and works; and all other public works not otherwise provided for in this Charter. He shall have charge of the enforcement of all the obligations of privately owned or operated public utilities enforceable by the City, except as otherwise provided in this Charter. He shall have charge of the cleaning, sprinkling and lighting of streets and other public places; the collection and disposal of garbage and waste; the preservation of all con- tracts, papers, plants, tools, machinery and appliances belong- ing to the City and appertaining to said department. He shall do and perform such other duties and assume charge and control of such other works, plants or departments not other- wise provided for in this Charter, which hereafter may be assigned to his department by ordinance or resolution of the City Council. As the Street Superintendent, he shall possess such powers as are designated by ordinance, and as Building Inspector, he shall possess such powers as are designated by ordinance. 2-aCR 53 i - 1S — SECTION 13: Fire Chief. The fire chief of said cit-,- shall be the head of the Fire Department of said City and, subject to the control of the City Council, shall have general super- vision and management of the Fire Department. He shall perform such other duties as the council may from time to time impose. SECTION 14: Bonds of Officers. Officers and employees of the City charmed with the collection or custody of public money before entering upon the discharge of their official duties. shall give and execute to the City their official bonds ' and other officers and employees shall give such official bonds as may be required by this Charter or ordinance of said City of Huntington Beach. The City Council shall fix by ordinance or resolution the penal sum of all official bonds, and may at any time be ordi- nance or resolution increase or decrease the penal sum of any and all such bonds. Every bond given the City shall be subject to approval by the City Council as to sufficiency, and by the City Attorney as to form. All such bonds shall be filed in the office of the City Clerk, excepting the bond of the City Clerk, which shall be filed in the office of the City Treasurer. Every bond shall contain a condition that the principal will perform all official duties imposed upon or required of him.by law, or by ordinance of said City of Huntington Beach, or by this charter, and that at the expiration of his term of office he will surrender to his successor all property, books, papers and documents that may come into his possession as such. The premium or charge for all official bonds of all officers and employees of said City required to give bonds, either by this Charter or by general law, or by ordinance or resolution �. of said City, shall be paid by the City. SECTION 15: Monthly Reports. All officers having the _ collection of public moneys, or the custody thereof, and all , officers and employees required by ordinance so to do, shall submit monthly financial reports to the City Council in i writing, which said reports shall be permanently filed with the I City Clerk after the Council shall have inspected and acted upon the same. SECTION 16: Annual and Special Audits. The City Council shall employ a public accountant or firm of certified public accountants, or a public accountant familiar with municipal and governmental affairs. annually to investigate the transactions and accounts of all officers and employees havinm the collection, custody or disbursement of public money or property, or the power to approve, allow or audit demands on the treasury, and said City Council may authorize such accountant or firm of accountants to make an investigation at any time with reference to any condition relating to the affairs - 19 — of said City of Huntington Beach or any officer or employee connected therewith, as to any matter or condition upon which said council may require a report concerning the affairs of said City. SECTION 17: The City Council may submit to the electors at any general or special election an ordinance providing that the elective officers, or any of them, other than councilmen, may thereafter be appointed, or an ordinance providing that the appointive officers, or any of them, shall thereafter be elec- tive officers; provided, that the provisions of the initiative shall apply hereto. In the event the elective officers, or any of them, are made appointive, then at the expiration of the terms of office of the then incumbents of such offices, or upon the occurring of a vacancy in such offices, the offices shall be filled by appointment ' by the City Council and the officers so appointed shall hold ' office at the pleasure of the Council, or for such term as may be provided in said ordinance. In the event appointive offices are made elective then said ofnee or officers shall thereafter be elected for a term of four (4) years at the next regular election, or at a special election, v,-hen said ordinance so provides; in the event the offices are filled by a special election the term of office shall date from the I. nearest general municipal election; provided, however, that where an appointive officer is appointed for a definite term, I his successor shall not be elected until the expiration of said term. ARTICLE VIII. Commissions, Departments and Bureaus SECTION 1: Planning Commission. A City planning com- mission may be created by ordinance and in such case said city planning commission shall be vested with all the powers and shall discharge the duties as prescribed by such ordinance. SECTION 2: Health Department. A City Health Depart- ment may be created by ordinance or resolution and in such case such city health department shall be vested with the powers and discharge the duties prescribed by ordinance or resolution, or the City Council may in lieu thereof arrange an agreement with the County of Orange by which the City and County Health Departments may be consolidated. SECTION 3: Public Library. A public library or libra- ries for the City of Huntington Beach shall be maintained I and managed in accordance with the provisions of the general laws of the State of California as the same now exist or as they may hereafter be amended. I - 20 — SECT ION 4: Other Agencies. Creation and designation of the powers and duties of other boards, departments, commis- sions and agencies shall be within the discretion of the said City Council to be manifested by way of ordinance. ARTICLE IX. City Court SECTION 1: The judicial power of the City of Huntington Beach shall be vested in a city court, which court is hereby established. The City Judge shall hold said City Court and said court shall have jurisdiction concurrently with the Jus- tice's Courts, of all actions and proceedings, civil and criminal, arisinm within the corporate limits of the City of Huntington Beach and which might be tried in such Justice's Court. Said ' City Court shall have exclusive jurisdiction of all actions for the recovery of any fine, penalty or forfeiture not exceeding Five Hundred Dollars ($500.00), prescribed for the breach of any ordinance of the City; of all actions founded upon any obligation or liability created by any ordinance; and of all prosecutions for any violation of any ordinance. The rules of 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 cases. Appeals may be taken to the Superior Court of Orange County, from all judgments of said City Court, in like manner and with like effect as in cases of appeals from Justice's Courts. SECTION 2: The City Judge shall have the powers and perform the duties of a magistrate. He may administer and certify oaths and affirmations. SECTION 3: 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 act, the City Judge may call upon any Justice of the Peace, residing in the County of Orange, to act in his stead. SECTION 4: A Justice of the Peace shall not be disquali- fied from holding the office of City Judge. SECTION 5: All fees and fines received or collected by the said Court shall be the property of the City of Huntington Beach and shall be deposited with the Treasurer at least.once each week. SECTION 6: The City Court shall have a seal bearing the inscription "City Court, City of Huntington Beach, Cali- fornia". — ?1 — ARTICLE X. Public Work, Materials and Supplies and Emergency Expenditures SECTION 1: In the construction, erection, improvement and repair of all public buildings, and works, in all street and sewer work, in all works for protection against overflow or erosion and in all other works prosecuted by or on behalf of said cite and in the purchasing or acquiring of any sup- plies, or materials for use in or about the same, when the expenditures required for the same exceed the sum of five hundred ($500.00) dollars, the same shall be done by contract, and shall be let to the lowest responsible bidder after notice of publication in the official paper of said cite '-iven by publishing such notice by two consecutive insertions in such s newspaper, not more than twenty days nor less than seven days prior to the time fixed in such notice for the opening and declaring of such bids. Such notice shall state the gen- eral character of the work contemplated to be done and the nature and amount of any materials, equipment, apparatus or supplies to be furnished. SECTION 2: The City Council may reject any and all bids presented and may re-advertise in its discretion. Fur- ther, after rejecting bids, said Council may declare and determine by at least a four-fifths vote of all its members, that in its opinion the work in question may be performed more economically by day labor or the materials or supplies furnished at a lower price in the open market, and after the adoption of a resolution to this effect by the vote above required, they may proceed to have the work done, or the materials. equipment. apparatus or supplies furnished or p,,ircl aced in the manner stated without further observance of the provisions of this article; provided further, that in case of a great public calamity such as an extraordinary fire, flood, storm, epidemic or other disaster. the City Council may, by resolution passed by vote of four-fifths of all its members declare and determine that public interest and necessity demand the immediate expenditure of public money to safe- guard life, health or property, and thereupon it may proceed to expend or enter into a contract involving the expenditure of any sum required in such emergency. In the event there is more than one newspaper of general circulation printed and published in the city, the City Council shall, annually, prior to the beginning of each fiscal year, publish a notice inviting bids, and, contract for the publication of all legal notices required to be published in a newspaper of neneral circulation printed and published in said City. Said con- tract shall include the printing and publishing of all such - 22 — legal notices during the ensuing fiscal year. In the event there is only one newspaper of general circulation printed and published in said City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. SECTION 3: Nothing in this Article contained shall be construed as applicable to work or materials, equipment, apparatus or supplies to be paid for by special assessment on property benefited thereby, but in ail suchcases the particular laws applicable thereto shall be observed, otherwise the provi- sions of this Article shall be followed. ARTICLE XI. Taxation, Equalization and Finance SECTION 1: The City Council shall have the power, and it shall be its duty, to provide by ordinance a system for the assessment, levy and collection of all city taxes not incon- sistent with the provisions of this ehapter. Nothina herein shall prevent the City Council from exercising the power granted by general laws of the State of California relative to the assessment and collection of taxes by county officers. All taxes assessed. together with any percentage imposed for delinquency and the costs of collection, shall constitute liens on the property assessed; and every tax upon personal prop- erty shall be a lien upon the real property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March of each year, and may be enforced by a sale of the real property affected, and the execu- tion and delivery of all necessary certificates and deeds there- for, under such mzulatioiLs as may be prescribed by ordinance, or by action in any court of competent jurisdiction to fore- close such liens. Any real property sold for such taxes shall be subject to redemption within a redemption period of at least five years and upon such terms as the City Council may prescribe by ordinance. All deeds made upon any sale of property for taxes or special assessments under the provisions of this chapter shall have the same force and effect in evi- dence as is or may hereafter be provided by law for deeds for property sold for non-payment of county taxes. Every tax has the effect of a judgment against the person, and every lien created by this section has the force and effect of an execution levied against all property of the delinquent. Tile judgment is not satisfied nor the lien removed until the taxes are paid or the property sold for the payment thereof; provided, that the lien of ever* tax whether now existing or hereafter attaching shall cease to exist for all purposes after thirty rears from the time said tax became a lien; and every tax -whether now existing or hereafter attaching shall cease to exist for all purposes after thirty years from the time said tax became a lien; and every tax whether now existing or hereafter levied shall be conclusively presumed to have been paid after thirty- years from the time the same became a lien, unless the property subject thereto has been sold in the manner provided by law for the payment of said tax. SECTION 2: The City Council shall meet at 7:30 P. T. on the second Monday of July of each year, and sit as a board of equalization, and shall continue in session froin da-v to day until_ all the returns of the assessor have been rectified. It shall have power to hear complaints, and to correct, modify, or strike out any assessment made by the assessor, and may, of its own motion, raise any assessment, upon notice to the party whose assessment is to be raised. The corrected list for each tax shall be the assessment roll for said tax for said year. It shall be certified by the City Clerk, who shall act as clerk of the board of equalization, as being the assessment roll for said tax, and shall be the assessment roll upon which said tax is to be levied in said year. Notice shall be given of the time and place of sitting in such manner as may be prescribed by ordinance. SECTION 3: Special Taxes and Bonds: Whenever the Council shall determine that the public interest demands an expenditure for municipal purposes which can not be pro- vided for out of the ordinary- revenue of the City, it may submit to the qualified voters at a regular or special election, a proposition to provide for such expenditure, either by levying a special tax, or by issuing bonds, but no such special tax shall be levied nor any such bonds issued, unless authorized by the affirmative votes of two-thirds of the electors voting at such election. No bonds shall be issued to meet current expenses. The nroccedings for the voting and issuing of bonds of the City shall_ be had in such a manner and form and under such conditions as shall be provided from time to time by general laws. ARTICLE SII. Consolidation and Annexation SECTION l : The City of Huntington Beach inaY consoli- date ,•,ith any oti:er contiguous municipal corporation of the State of California, undt'r and pursuant to the provisions of any la :s of said st<ae which is a; be applic ble to the consoli- dation of such municipal corporations at the time thereof: providA ?,,c•,-:,,ver. that no such consolidation, in or by ;`which - 24 — the said City of Huntington Beach assumes any part or por- tion of any outstanding or authorized bonded indebtedness of such other municipal corporations, shall ever become effective or be consummated for any purpose -%vliatsoever, unless and until at least two-thirds of the qualified electors of said City of Huntington Beach, voting at such consolidation election, shall have voted in favor of such consolidation, and in favor of making the property within said City of Huntington Beach, after such consolidation, liable or subject to taxation with the property in said other municipal corporation for the payment of such bonded indebtedness or any portion thereof of such other municipal corporation. The requirements of this charter in this regard shall be in addition to any other requirements of the laws of the State of California with reference to such matters. The City of Huntington Beach may annex either uninhab- ited territory or inhabited territory, or both, in accordance with the General Laws of the State of California relating to the annexation of uninhabited territory and inhabited terri- tory in cities of such State. ARTICLE XIII. Initiative. Referendum and Recall SECTION 1: The laws of the state of California provid- ing for the initiative, referendum and recall in cities, as they now exist, or hereafter may be amended, are hereby made a part of this charter, and all action under the initiative, ref- erendum and recall in said city of Huntington Beach shall be taken in accordance with said laws. SECTION 2: The city clerk shall compare the names of the persons appearing upon any initiative, referendum, recall or other petition or paper, requiring the signatures of qualified electors of said city, with the registration of electors of said city as sho«•n on current records of the registration of electors of the county of Orange, California, and he shall make a report for the information of said council as to the sufficiency or insufficiency of any such petition or paper as regards the number of signatures of qualified electors appended thereto. -The sufficiency or insufficiency of any such petition or paper shall be determined as promptly as reasonably possible, and with the consent of the council said clerk may, at the expense of said city, employ such assistance as may be necessary in order so to do. 25 _ .ARTICLE NI`'. Franchises • r SECTION 1: Power to Grant. Plenary control over use of all property owned, leased or controlled by the City is vested in the Council. Franchises, permits or privileges may be granted to persons, firms or corporations, upon such terms, conditions, restrictions or limitations as may be prescribed by the Council by ordinance, but no franchise shall be granted without reserving to the City adequate compensation for the privilege conferred, nor shall any franchise be granted for a longer period than fifty (50) years. Provided, that every franchise or other permit shall be granted subject to the right of and in the City at any time, upon reasonable notice, to change the grade, location, alignment or use, of any street or place in or over which such franchise or permit is exercised or operated without liability or obligation on the part of said City in any wise occasioned by any change of location of the pipes, poles, lines or other equipment of such franchise or permit required by such change of grade, location, alignment or use. The Council may by ordinance adopted by its mem- bers, provide a method of procedure whereby franchises may be granted, forfeited or extended, subject to the limitations elsewhere contained in this charter, and from time to time in like manner change the method of procedure so provided. The Constitution and general laws of the State of California shall be applicable in all cases arising outside of the provisions of the ordinances of the Council providing for the granting or termination of franchises. SECTION 2: Indeterminate Franchises. Indeterminate franchises may also be granted, subject always to the right of the City at any time and upon six months' notice in writing, to acquire and possess the property of the grantee. SECTION 3: Rights of the City. All grants, renewals ! extensions or amendments of public utility franchises, whether so provided in the ordinance or not, shall be subject to the ! following rights of the City insofar as the City has the power t so to do: t 1. To forfeit by ordinance at any time for non-use, or for failure to begin construction within the time prescribed, or other violation of the terms of the franchise, any franchise heretofore or hereafter granted; 2. To require proper and adequate extension of plant and service, and the maintenance of the plant and fixtures at the highest practicable standard of efficiency; 3. To regulate the rates and charges of all public utilities under its jurisdiction; 3-ACR 53 - 26 - 4. To establish reasonable standards of service and quality of products and prevent unjust discrimination in service or rates; 5. To require grantees of franchises to furnish upon request of the City Council, authorized by resolution, such informa- tion and records relating to rates, service, value of property, revenues and expenses, and other related matter as the said Council may reasonably require for the purpose of investi- gation or recommendation concerning the operations of the grantee; 6. To impose such other regulations as may be conducive to the safety, welfare and accommodation of the public. SECTION 4: Every franchise or privilege to construct or operate street, suburban or interurban railroads along. upon. over or under any street, highway or other public place, or to lap or place pipes or conduits or to erect poles or wires or other structures in, upon, over, under or along any street; highway- or other public place in the City for any purpose whatever, shall be granted upon the conditions in this Article provided and not otherwise. and no person. firm, corporation or authority shall ever enereise any franchise or privilege mentioned in this article except insofar as he or it may be entitled to do so by direct authority of the Constitution of California or the Constitution or laws of the United States, in, upon, over or along any street, highway or other public place in the City unless he or it shall heretofore have obtained a grant therefor in accordance with the law in force at the time of said grant, or shall hereafter obtain a grant therefor in accordance with the provisions of this Article of .this , Charter. SECTION 5: Establishment of Public Utilities. The City may establish, acquire, lease and/or operate, or cease to operate and dispose of public utilities and quasi-public utili- ties, at its own option in the manner provided by the laws ' now existing or hereafter enacted, or by the majority vote of the registered qualified electors of the City in the manner provided by ordinance enacted by the Council by the affirma- tive vote of four members of such Council. all amendments of such ordinances shall require a like vote. In such ordi- nances the Council may define what are public utilities and quasi-public utilities. In acquiring public utilities and quasi- public utilities the City may purchase the same subject to existing bond issues and other obligations thereof, whether secured by mortgages or trust deeds against the property of such utilities or not, and may assume and- pay such obliga- tions as part of the purchase price. - 27 — ARTICLE XV. Miscellaneous. SECTION 1: Claims. No suit shall be brought on any claim for money or damages against the City of Huntington Beach, or any officer or commission of the City, until a demand for the same has been presented to the City Council and rejected in whole or in part by the City- Council. If rejected in part, suit may be brought to recover the whole. Except in those cases where a shorter period of time is pro- vided by law, all claims for damages against the City must be presented within six 16) months after the occurrence from which the damages arose. and all other claims for damages shall be presented within six (6) months after the last item of the account of claim is approved. SECTION 2: If any section or part of any section of this charter proves to be invalid or unconstitutional, it shall not be held to invalidate or impair the validity or constitutionality of anv other section or hart of a section hereof. SECTION 3: This cl arTer shall take immediate effect and be in full force from and after the time of its approval by the Legislature of the State e_ California. We do further certif%- a_�d declare that the foregoing consti- tutes a full, true and c-:rect statement of the actions and proceedings had by the City of Huntington Beach a..d the City Council of said rite, in the matter of the framing, proposal and submissi.., of said proposed charter for the government of the Cit•: of Huntington -each, and in the calling, voting upon and ^ativassing the returns and declaring the result of said electirm. I\ AVIT\TESS WHEREOF, ive have hereunto set our hands and hereto affixes'_ -lie seal of said Citv of Huntiwxtor. Beach, this 3rd day of Hlay, 1937. WILLIS H. AITAR'EP, _Mayor of the City- of Huntington Beach, California [SEAL] C. R. PURR City Clerk of the Cit:- 00 IIu-:- tington B each, California WHEPEAS, Said chat«_ ails been submitted to the Legisla- ture of the State-of CaL_ornia for approval or rejection with- out alteration or anienc __:ezt, in accordance with section 8 of Article XI of the Consr:7-,tiOil of the State of California; now, therefore, be it f l — 28 — Resolved by the Assembly of the State of California, the Senate thereof concurring, A majority of all the members elected to each house voting therefor and concurring therein, that the said charter as presented to, adopted and ratified by the electors of the city of Huntington Beach and as here- inbefore fully set forth, be, and the same is hereby approved as a whole, as and for the charter of the city of Huntington y Beach. ' _________ Henry P.Meehan________ Speaker of the Assembly Pro Tera _ --------r'.F 4-C i0-14----------------- `L President of the Senate Pro Tem Attest (seal) ______Frank_C.Jordan___________ Secretary of State � By Chas. J.Hagerty,Peputy in the office of tf-Secretary of State of t"!r.State Of C�Lforn:a MAY 15 1937 NE C.JORDMN,Secretary of Stag r,Ci-U5.I.r tUR TY,r,pctp —xi�iieu riuntington Beach", N June 17, t LEGAL NOTICE CITY f fl all a 9® ��� ® PROPOSED ORDINANCE pF 1� TE CH, OCAL ORWIATOIV "ORDINANC"E NO..... h State of California, "AN ORDINANCE OF THE CITY< County.of Orange, _ss. OF HUNTINGTON BEACH DE ' City of Huntington Beach, CLARING THAT OFF ICES' '. CITE' JUDGE AND CITY.AT J. S. Farquhar, being duly sworn, on oath, says: That he is a TORNEY SHALL .BE -ELEC= citizen of the United States, over the age of twenty-one years. TIVE. That he is the printer and publisher of the Huntington Beach "The People of the City 11of Hunt_- News, a weekly newspaper of general circulation. printed, published ington Beach do ordain as follows``. and circulated in the said County of Orange and elsewhere and ,pub- "Section 1: That the office'of+ lished for the dissemination of local and other news of a general City Judge and the office of.City] character, and has a bona fide subscription list of paying subscrib- Attorney shall hereafter be e-lect " and said paper has,been established, printed and published in. ive, and said officers shall be E, ii .,ue State of California, and County of Orange, for at least one year ;ed from the City at'large for, next before the publication of the first insertion of this notice; and term provided in section 17 Sf Ar= the said newspaper is not devoted to the interest of, or published ticle VII of the .Charter of-=the' for the entertainment of any particular class, profession, trade, call- City of Huntington';Beach, Cali ing, race or denomination, or any number thereof forma"The City, CourxCik';haitet,;j p _ the compensation of said officers at' That they 7 .Z0-�4 �-- - ------ ------ �� Srwa not less than the amount paid Said officers during.the preceding y�r'^ -_---- _--. --- `'Section 2:'If any sebtion, sub - - I section, sentence, clause. or phrase•: of which the annexed is a printed copy, was published in said of this ordinance is for'any reason' held to be unconstitutional, such newspaper at least ----------- ...... decision shall not affect the valid. ity of the remaining .portaons,of- commencing from the ----- ---------- day of _.... .� ----- -------- �this ordinance. The People of,the% City of Huntington' Beach hereby 193 -., and ending on the 17 a ----- day of [declare that they would have;. ---------------- r� passed this ordinance .and ea6h ^3-.- both days inclusive, and as often during said period and section, subsection, sentF , aes of publication as said paper-was regularly issued, and in the clause and phrase hereof irr'. regular and entire issue of said newspaper proper, and not in a tive-of the fact that-any ono Or supplement, and said notice was published therein on the following more sections, subsections,' 'sen=`, dates, to-wit: tences, clauses or phrases he Ql'l be declared unconstitutronaL }` f "Section 3 Th'e City Clerk shall `� / y . ------------------- -------------- --------(--- �/ certxf to the adoptaon off bra --1 -- ----------- ----•--------•---- finance and shall caus�`'te sai�ie; - to be published'byx one ltz�sei nR in the Hunti igton Be -.---------••-----• ...... ...... ...........••.......- ------------------.....-.. Publisher. ?weeklyhew+spaper plLnte ub fished and circulated �ti�tti� sziii,. ub cribed'and sworn to before a this ...--. ._.-...._ day of City of -Huntington ]3ea� this ord"inance sli$II iake,'el�ect 3zt1d �'.--.-- ---- ,193. .• _ be m force ?n'hccorcFa th? _._..... ............. t F5 the statutes Ia icabTe.then t i atrth • - - . -------- --- -------- }�la asir�'ublic said officers shall bee c at;a` special"election"he d it�itlie` time provided for bii I' ;' �`Passed and `ado�it�d`'`�q�3`���he` dad of ' a�•, act Assembly Concurrent Resolution No. 53. Adopted in Assembly May 12, 1937. G. my_th--------------- ( Chief Clerk of the Assembly Adopted in Senate May 13, 1937. ------J.Ao_Beek------------------- Secretary of the Senate i This resolution was received by the Governor, this--15---- day of----1My--------A. D. 1937, at---11_-o'clock !_M. i t ---Mrk_L.ee XrBg1E-L�,Ider-Y-,,_Jr. Private Secretary of the Governor ���;H.s� a'a.; ..sir•- _. .. - r =r r City of Huntington Beach _ County of Orange State of California P �ffibaftit .of 13uhliration Ir of J. S. FARQUHAR Publisher Huntington Beach News Filed --- ----------------------------------- ------------------- Clerk. B Deputy ,Clerk. 37 This is an initiative election, obtained by procuring voters' signatures. Initiative propositions are of two kinds. One is spon— taneous from the people. The other arises from some special interests sending out solicitors for their personal desires.. We believe this to be such. The city council is trying to do everything possible for Huntington Beach and its people. It doesn' t crave authority to appoint o:_'ficers. Hov-rever, cooperation, competence, and harmony are necessary to a full measure of progress. Suppose the city of Huntington Beach had an elected city attorney, chief of Police, and city ,judge? If they did not want to cooperate with the counSk in enforcing the law, imagine the trouble it would cause YOU as a taxpayer! If the Chief of Police were elected, he z•-*ould be under no obligation to the council, as he is now, and could enforce the lau or not, as he saw fit. ta' �,a If the City Attorney were elected, and if he was antag— onistic toir•.rds the council, he could intentionally mislead them, he could refuse to draw ordinances, or dray: them incorrectly, so that nothing but bad government in our city crould result. Then you would leave the board of directors (your city council) of a fourteen million dollar corporation (your ;,overnment) compelled to accept legal services from one opposea to them. There would be no legal advisor to cooperate in carrying out the council' s policies, or in enforcing the law. The promoter of this initiative, which costs the City nearly $�91000.00 of the people' s money, has not availed himself of his right to make an argument herein informing the people of the real issue in this election. In the interest of harmony and economy in our city govern— went, we sincerely urge you to vote "NO" on these propositions August 3. %-T y C c5 u& C I L. or -(Id 6 c i-r-y OF }} u lv-f'1 N -ro Al ($to A C- VA STATE OF CALIFORNIA, ) COUNTY OF ORANGE, ) ss: CITY OF HUNTINGTON BEACH. ) I, C. R. FURR, City Clerk of the City of Huntington Beach, California, do hereby certify that the petition hereto attached was filed on the 3d day of June, 1937; that I have examined the sane and the records of registration of Cran1;e County, State of California, and that the result of, said examination is that said petition is signed by the requisite number of registered qualified electors of the City of Huntington Beach, California, and/or more than fifteen (155) percent of said registered qualified electors. IN WITNESS 71ILMEOF, I have hereunto set my hand and affixed the seal of said City of Huntington Beach, California, this, the _ day of June, 1937. City Cler of the City of\Huntington Beach, California. •� / f Honorable City Council City of Huntington Beach California ' r' Gentlemen: As one of the circulators of the .petitions for the election of City Judge, City Attorney and Chief of Police, I desire to submit to you the enclosed argument and request that it be printed upon the ballot. Respectfully yours, E -� Enc. Huntington Beach July 8, 1937 • ARt.TJ1iEN T III? FAVOR OF PROPOSIT._iS PSO. I AND PROPOSITIONS N0. II The proposition of electing the City Judge and the City Attorney and the proposition of electing the Chief of Police are submitted to the voters of this City in the interest of self-government. Those who fill these offices are city officials. :. They serve the public, and their duties are clearly outlined by law. They should be placed in office by those whom they serve-- you, the people. Similar officers are elected in the State, County and . Township. Superior Court Judges , District Attorney, Sheriff , Justices of the Peace .and Constables are elected by you. Why not elect your own local City officials? In most progressive cities these officials are elective. Elective officials are responsible to the people. Appointive officials are responsible only to those who appoint them. American government is based upon the will of the majority. Political domination and control by cliques i-s im- possible where officials are elected. The tenure of office of these offiqials should depend'- upon the will of the people, not upon the whim, fancy, or personal prejudice of a few "would be" politicians. f Exercise the privilege of self-government granted you by the City Charter. VOTE "YES" ON PROPOSITION i AND PROPOSITION II. ,,rEICIVED Circulator' olkyetitions to place Proposition I d _. 19-L Propo sit ion II on Ball t. CITY CEO 0 LEGAL NOTICE PROPOSED ORDINANCE OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA. "ORDINANCE NO. "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DECLARING THAT OFFICES OF CITY JUDGE AND CITY ATTORNEY SHALL BE ELECTIVE. "The People of the City of Huntington Beach do ordain as follows: "Section 1: That the office of City Judge and the office of City Attorney shall hereafter be elective, and said officers shall be elected from the City at large for the term provided in section 17 of Article VII of the Charter of the City of Huntington Beach, California. The City Council shall set the compensation of said officers at not less than the amount paid said officers during the preceding year. "Section 2: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The People of the City of Huntington Beach hereby declare that they would have passed this ordinance and each section, subsection, sentence, clause and phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrased hereof be declared unconstitutional. "Section 3: The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and 5a id circulated in th%City of Huntington Beach, and this ordinance shall take effect and be in force in accordance with the statutes applicable thereto and said officers shall be elected at a special election held within the time provided for by law. "Passed and adopted on the day of 1937." City Charter .amendments 7'heyhysicaCfiCe may contain, the originals) of, f or exam- Ce, YTroosed amendments, yubttc hearing notices or bookCets, but i4n aCCcases they are exact dupCicates of this eCectronicfiCe.