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Home My WebLink AboutProposed Charter Amendment, City Election of November 21, 19 j tr- isnea tiumingtion p-eacn ivews vctooer o 1NSy) ROPOSED CHARTER AMENDMENT Affidavit of Publication of the CITY. �OF HUNTINGTON BEACH, CALIFORNIA State of California, ARTICLE VIII—A. County of Orange, ss. Section 1: BOARD OF EDUCATION City of Huntington Beach, The control of the public school department of th City of Huntington Beach, including_ the whole of th J. S. Farquhar, being duly sworn, on oath, says: That he is 'a Huntington Beach Elementary _School District as the shm citizen of the United States, over the age of twenty-one years, now exists or may hereafter be changed and exist as prc. That he is the printer and publisher of the Huntington Beach vided .by law, shall be vested in a: Board of Education News, a weekly newspaper of general circulation printed, pub- which shall consist of five (5) members elected from :th. lished and circulated in the said County of Orange and elsewhere district at large. and published for the dissemination of local and other news of Section 2: POWERS AND The DUTIES ` a general character, and has a bona fide supscription list of pay- ' Powers and duties of the Board of Education sha' ing subscribers, and said paper has been established, printed and be such as are prescribed by the Constitution of the law, published in the State of California, and County of Orange, for of the State of California. at least one year next before the publication of the first insertion Section 3: ELECTION AND TERM of this notice; and the said newspaper is not devoted to the inter- The members of the Board of Education shall serv, est of, or published for the entertainment of any particular class, for terms of three (3) years from: the 1st day of July it profession,.trade, calling, race or denomination, or any number each year and until their successors are elected and qualified thereof. provided, however, that the. Trustees of the Huntingto Beach Elementary. School District w`ho shall. be in offic, That the ....... ........ --..------. .--.....- ..--...................... . .-.-..--- .......-.. ........... at the time this Charter Amendment is approved by th� State Legislature shall become members of the City Boar( . ---_--•-•__ _ ........._______•-_-_---.____-____- of Education. Each of said members shall remain in offic, ......................................... of which the annexed is a printed copy, was published in said .until the expiration of the term for 'which he was electe( School Trustee, provided that within thirty (30) day, newspaper at least after the effective date of this Charter Amendment thi three members of the Board of Education shall appoin commencing from the -:..--_-� -...---. day of.......... ....... the two additional members to serve until the next sue seeding regular election, at which time three member,, 1939, and ending on the ----- -- ------- day of...0 � .. shall be elected; the two receiving the highest vote t( serve,41or three,years.; and,the third= highest :to serve .fo: 19.3. , both days inclusive, and as often during said period and two years. At each'annual' school"`election, which -'shall°b� times of publication as said paper was regularly issued, and in held at the same time set forth in the School Code fo: the regular and entire issue of said newspaper proper, and not the regular annual election of School Trustees, there steal in a supplement, and said notice was published therein on the be elected members of the Board of Education to fill the s following dates, to-wit: term of members expiring in that year. All vacancies ii the Board of Education shall be filled by vote of the. re __........... ............ j - ._--• ..- .... ..-- ....-_ ------.------' ----- --.----- maining members of the Board of Education for the un- ...---••--- expired-term thereof. ................... ......................... �..---•--.......-......---------- . Section 4: The present High School, being a- Unio1 High;.School, is not affected -by this Articlea •--- . . ....Q � ... ........................ �- Publisher. ,ftbscri ed and sworn to before me his .--- /-------------------- day of Publication Fee $............................ // Notary Fee $- ......................................................... Notary Public. Total - - - - $- " n a1h ti l fv �- VAL 'L iL✓�Ah",t' 4 pep art Mate I HEREBY CERTIFY That I have com- pared the preceding copy with the RECORD on file in this office, of which it purports to be a copy, and that the same is a correct transcript therefrom and of the whole thereof. f IN 17ITNESS WiiE_RLOF, I have here- unto set my hand and affixed the Great Seal of the State of California this 2 nd day of February,1940. h SECRE'TARY OF STATE h r F B✓ _.. f;n as. J. Hag ty _ Deputy SqZret do f State 1 I - 1 — Assembly Concurrent Resolution No. 2. Adopted in Assembly January 30, 1940. i JaCh Carl Greenburg -------------------------------------- Chief Clerk of the Assembly Adopted in Senate February 1, 1940. Je A.Beek -------------------------------------- Secretary of the Senate i' This resolution was received by the Governor, this-2nd r it day of-_Februar-Y_-__--, 1940, at-12--_o'clock_---m. Richard C.01son -------------------------------------- Private Secretary of the Governor .�---- i i ,' C �i y� t- - 3 — CHAPTER_?___ Assembly Concurrent Resolution .No. 2—Relative to the approval of a certain antiendment to the charter of the city of Huntington Beach, a muunieipal corporation, in the coitnty of Orange, State of California, voted for and ratified by the electors of said city at a- special nutnici- pal election held therein on the twenty-first day of Novent- b-er, 1939. WixEAS, Proceedings have been taken and had for the proposal, adoption and ratification of the amendment, herein- after set forth, to the charter of the city of Huntington Beach, a municipal corporation, in the county of Orange, State of California, as set out in the certificate of the mayor of the city council and of the city clerk of said city as follows, to wit: CERTIFICATE OF RATIFICATION BY ELECTORS OF THE CITY OF HUNTINGTON BEACH OF A CERTAIN CHARTER AMENDMENT STATE OF CALIFORNIA, County of Orange, ss City of Huntington Beach. We, the undersigned, M. M. McCALLEN, Mayor of the City of Huntington Beach, County of Orange, State of Cali- forma, and C. R. FURR, City'Clerk and ex-officio Clerk of said City Council of the City of Huntington Beach, do hereby certify and declare as follows: That the City of Huntington Beach, a municipal corporation of the County of Orange, State of California, now is and at all times herein mentioned was, a city having a population of more than thirty-five hundred (3,500) inhabitants and less than fifty thousand (50,000) inhabitants, and has been, since May 15, 1937, and is now organized and acting under a Charter adopted under and by virtue of Section 8, Article XI of the Constitution of the State of California, which Charter was duly ratified by a majority of the qualified electors of such City at a special election held for that purpose on the 29th day of April, 1937, and approved by the Legislature of the State of California by concurrent resolution filed with the Secretary of State on the 15th day of May, 1937, (Statutes 1937, page 2975). That in accordance with the provisions of Section 8, Article XI of the Constitution of the State of California, on its own motion the Council of the City of Huntington Beach, being the legislative body thereof, duly and regularly submitted to - 4 — the qualified electors of said City of Huntington Beach a certain proposal for amendment of the Charter of said City, to be voted upon by said qualified electors at a certain special election called and held for that purpose in said City on the 21st clay of November, 1939, which said proposal was desig- nated as "PROPOSITION NO. 1". That the City Council did, at a regular meeting held on the 2nd day of October, 1939, by Resolution No. 852, adopted by a unanimous vote of said City Council, call said special elec- tion to be held on the 21st day of November, 1939 for the purpose of submitting to the electors of said City of Hunting- ton Beach the proposition of the adoption of said proposed Charter amendment framed by the legislative body of said City, which proposed Charter amendment is set out in said Resolution and designated as "PROPOSED CHARTER AMENDMENT OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA", and further provided that the City Council should meet on Monday, the 4th day of December, 1939, at the hour of 7:30 P. Al., following said election, for the purpose of canvassing the returns thereof. That said proposed Charter amendment was published and advertised in accordance with Section 8, Article XI of the Constitution of the State of California, in the Huntington Beach News, a weekly newspaper of general circulation, printed, published and circulated in said City of Huntington Beach. That copies of said proposed amendment were printed in convenient pamphlet form and in a type of 10-point, and until the day fixed for said election as required by law a Notice was advertised and published in said Huntington Beach News that such copies could be had upon application therefor at the Office of the City Clerk of the City of Huntington. Beach. That such copies could be had upon application there- for at the Office of the City Clerk of the City of Huntington Beach until the date fixed for said election. That pursuant to the law in such cases made and provided - >; the said proposed amendment was submitted to the qualified electors of said city for their ratification at said election, and that at said election a majority of the qualified electors voting thereon voted in favor of the ratification of and did ratify the proposed amendment to the Charter of said city. That the City Council of the said City of Huntington Beach in accordance with the law in such cases made and provided did meet on the 4th day of December, 1939, at its usual time and place of meeting -and duly canvassed the returns of said election as certified by the election.boards and duly found, determined and declared that said proposed amendment to the Charter of the City of Huntington Beach was ratified by a majority of the electors of said city voting thereon. - 5 — That said amendment to the Charter so ratified by the electors of the City of Huntington Beach is in words and � figures as follows: CHARTER AMENDMENT of the CITY OF HUNTINGTON BEACH, CALIFORNIA That the Charter be amended by adding a new article thereto, the same to be known as ARTICLE VIIIa, the same to read as follows: ARTICLE VIII-A Section 1: BOARD OF EDUCATION The control of the public school department of the City of Huntington Beach, including the whole of the Huntington Beach Elementary School District as the same now exists or may hereafter be changed and exist as provided by law, shall be vested in a Board of Education which shall consist of five (5) members elected from the district at large. Section 2: POWERS AND DUTIES The powers and duties of the Board of Education shall be such as are prescribed by the Constitution and the laws of the . State of California. Section 3: ELECTION AND TERM The members of the Board of Education shall serve for •' terms of three (3) years from the 1st day of July in each j year and until their successors are elected and qualified; provided, however, that the Trustees of the Huntington Beach Elementary School District who shall be in office at the time this Charter Amendment is approved by the State Legis- lature shall become members of the City Board of Educa- tion. Each of said members shall remain in office until the expiration of the term for which he was elected School Trustee, provided that within thirty (30) days after the effective date of this Charter Amendment the three members of the Board of Education shall appoint the two additional members to serve until the next suceeding regular election, at which time three members shall be elected; the two receiving the highest vote to serve for three years and.the third highest to serve (Published Huntington Beacn New October 5, 1939) PROPOSED CHARTER AM of the . CITY OF HUNTINGTON BEACH, CALIFORNIA _1 ARTICLE VIII—A. Section 1: BOARD OF EDUCATION The control of the public school department of the City of Huntington Beach, including the whole of the Huntington Beach Elementary School District as the same now exists or may hereafter be changed and exist as pro- vided by law, shall be vested in a Board of Education which shall consist of five (5) members elected from the district at large. Section 2: POWERS AND DUTIES The powers and duties of the Board of Education shall be such as are prescribed by the Constitution of the laws of the State of California. Section 3: ELECTION AND TERM The members of the Board of Education shall serve for terms of three (3) years from the 1st day of July in each year and until their successors are elected and qualified; provided, however, that the Trustees of the Huntington Beach Elementary School District who shall be in office at the time this Charter Amendment is approved by the State Legislature shall become members of the City Board of Education. Each of said members shall remain in office until the expiration of the term for which he was elected School Trustee, provided that within thirty (30) days after the effective date of this Charter Amendment the three members of the Board of Education shall appoint a the two additional members to serve until the next suc- ceeding regular election, at which time three members f shall be elected; the two receiving the highest vote to serve for three years and the third highest to serve for two years. At each annual school election, which shall be held at the same time set forth in the School Code for the regular annual election of School Trustees, there shall be elected members of the Board of Education to fill the terms of members expiring in that year. All vacancies in the Board of Education shall be filled by vote of the re- maining members of the Board of Education for the un- expired term thereof. Section 4: The present High School, being a Union High School, is not affected by this Article. CF:RTIFIC;,TF' OF FATIFICATTON f Y YI:7-CTC!R5 OF T!;'� CITY OF iiLINTINGTON' JaE Cii CF A C,RTAIN CHARTV"R AMFNCt_DIT TAT OF CE-JIF�FNIA, ) County of Orange, ) SS: City of Huntington Beach. ) We, the undQraie;ned, X. ir. ricCALUNI, l,a.yor of the City of Huntington Beach, County of orange, State of California, and C. 12. g'URR, City Clerk and ex-off-icto Clerk of said City Council of the City of Huntington Beach, do hereby certify and declare as follows: That the City of Huntington Bench, a municipal corporation of the County of Crpnge, State of California, nov is and at all times herein mentioned .+cis, a city having aropulation of more than thirty-five hundred (3,500) inhs.bi- tante,,and has been, since May 15, 1937, and is now organized and acting under a Charter adopted under and by virtue of Section 8, Article XI of the Conetttution of thm State of California, which Charter was duly ratified by a majority of the � qualified electors of such City at a special elec- tion held for that purpose on the 29th day of April, 1937, and approved by the Legislature of the State of California by concurrent resolution filed with the Secretary of State on the loth day of May, 1937, (Stttutee 1937, cage 2975). That in accordance with the provisions of Section 8, Article XI of the Constitution of the Stnte of California, on its own motion the Council of the City of Huntington Beach, being the legislative body thereof, duly and. regularly submitted to the qualified electors of said City of funtington Beach a certain proposal, for amendment of the Chester of sold City, to be voted upon by said qualified elect- ors at a certain special election called and held for that purpose in said City on the flat flay of November, 1939, which said proposal was designated m as OFP CIPOSITION Nc. 14. That the City Council did, at a regular meeting held on the 2.nd day of October, 1939, by Resolution No. 852, adopted by a unanimous vote of said City Council, call said special election to be held on the Plot day of November, 1939 for the purpose of submitting to the electors of said City of liurtington Bosch the proposition of the adoption of said proposed Chs rter amendment frximed by the legislative body of said City, which vr000sed -rter amendment 1s set out in said Apsolution and des lznatAd as "PPC?09r'7i 'CRAFTER ".- Ti;--. CITY GF Et'iTi`;:rT+" : br'ACE, CALIr- QRCIA", and further crovided that the City Council should meet on Monday, the 4th day of December, 1939, st the hour of 7:30 F. V. , following; said election, for the our:.ose of canvaesinp, the returns thereof. ThFit said proposed Charter a�'endment was published and Fdvertised in accordance with Section S, Article XI of the Constitution of the State of CnIlfornis, in the Luntington °,�aeh News, e. .Meekly newsD6ner of general. circulation, }printed, published and circula.ted. in said City of Huntington Beach. That cozies of said or000sed amendment were printed in convenient pamphlet form and in a type of ten-mint, and until the day fixed for said elec- tion or, required by law a Notice was advertised and Published in said Huntington Beach News th$t such eoriee could. be had upon application therefor at the office of the City Clerk of the City of 'fiun- tington Beach. That such coniee could be had upon application therefor at the Office of the City Clerk / of the City of Huntington Beach until the date fixed for said election. That pursuant to the lava in such cases made and provided the said nr000sed amendment was submitted to the qualified electors of said city for their ratification st said election-, and that st said election a majority of the qualified electors voting thereon voted in favor of the ratification cf and did ratify the proposed amend- r!ent to the Charter of said city. That the City Council of the said City of Huntington 'Beach in accordance with the law in such cases made and provided did meet on the 4th day of December, 1939, at its usue.l time and Place of meeting and duly cauvsssed the returns of said election an certified by the election boards and duly found, determined and declared that said proposed amendment to the Charter of the City of Huntinp.ton Beach was ratified by a majority of the electors of said city voting thereon. That said amendment to the Charter so ratified by the electors of the City of tiunttngton Beach is in Words and figures as follows: -4- CHARTFS A'.'.E"Dk!F:2=T of the CITY Or MITINOTON BEACH, CALIFUS,'1IA That the Chorter be emended by adding a new article thereto, the same to be known as kPTICt.F VIIIa, the same to rfiad a.s follows: ARTICLE VIII--A Section 1: BOARD OF F-VICA-11"'N The control of the public school department of the City of Huntington Beach, including they whole of the Huntington beach Flementary school District an tho same now exists or may hrreaftRr be changed and exist as provided by law, shall be verstPd in a Board of Education which shall consist of five (5) members elected from the district at large.. Section P.: POWERS AND DUTIES The powers and duties of the Hoard of Education shall be such an +are prescribed by the Constitution Pnd the laws of the stste of California. Section 3: EUCTI O`I ANP T FRU The members of the Board of Education shell serve for terms of three (3) years from the let flay of July in each year and until their successors are elected and qualified; provided, however, that the _5_ ,rut-,tees of tho --untington Beach Klementary School District who shell be in office at the tide thip Charter Amendmf� nt is vioNroved by the State Legie- laturP shF.11 become nsembers of the City Boa-rd of ducetton. inch of gr:irz she1.1 remain in office until the eynl rPtion of the term for which he was elected School Trustee, provided that within thirty (SO) daye after the effective (late of thin Ch►irter t"endment tee three +r,embers of the 3oarri c-f E..due�:tion ehell er-) olnt the two additional mem- bers to serve until the next suceeedln;> regular election, at rhich time three membFrg shall be elected; the two receiving the hirheet vote to serve for three years sn3 the third highrat to serve for two years. At each annusl school election, which shall be held at the same time set forth in the school Code for the regular -.nnual election of School Trustees, there shall be elected members of the Board of Fdu- cation to fill the tests of members expirinK in thet year. All vaoanciea_ in the Ronrd of Education shall be filled by vote of the rermaininv members of the. Board. of Education for the unexpired term thereof. Section 4: The present,. High School, being a union High School, is not affected by this Article. { That +re have compared the foreRoinq amendment with the original proconal submitting the same to the electors of said city ind find that the fortFoing 18 a full , true, correct and exact copy thereof; re further certify thnt the facts set, forth in the preamble preced1 w such amen6m#�nt to wild rherter cre true. That as to said amendment this certift- c,..te small be teki-n AS & full. gnd comrlete certi- fication no to the regularity of sill proceeds nb s had and -song in connection therewith. I1+ STT4:=:3G �141FRFOF, we have hereunto vet our hands and caused the corporate seal of the said City of Huntington beach to be affixed hereto this 22nd dray of December, 1939. ? J o the City Council of the City Ron each, California. CITY CLI;.FK of the City of Huntington beach. - 6 — for two years. At each annual school election, which shalt be held at the same time set forth in the School Code for the regular annual election of School Trustees, there shall be elected members of the Board of Education to fill the terms of members expiring in that year. All vacancies in the Board of Education shall be filled by vote of the remaining mem- bers of the Board of Education for the unexpired term thereof. Section 4: The present High School, being a Union High School, is not affected by this Article. That we have compared the foregoing amendment with the original proposal submitting the same to the electors of said city and find that the foregoing is a full, true, correct and exact copy thereof; we further certify that the facts set forth in the preamble preceding such amendment to said Charter are true. That as to said amendment this certificate shall be taken as a full and complete certification as to the regularity of all proceedings had and done in connection therewith. IN WITNESS WHEREOF, we have hereunto set our hands and caused the corporate seal of the said City of Hunt- ington Beach to be affixed hereto this 22nd day of Decem- ber, 1939. M. M. 14fCCALT, N, MAYOR of the City Council of the City of Huntington Beach, California. [SEAL] C. R. FuRR, CITY CLERK of the City of Huntington Beach. and WHEREAS, The said proposed amendment as ratified as hereinbefore set forth has been and is now duly presented and submitted to the Legislature of the State of California "• for approval or rejection as a whole, without power of altera- tion, in accordance with section 8 of Article XI of the Con- stitution of the State of California; now, therefore, be it `+ 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 said amendment to the charter of the city of Huntington Beach as proposed to, and adopted and ratified by the electors of said city, and as hereinbefore fully set forth, be and the same is hereby approved as a whole, without amendment or alteration, for and 'as an amendment to and as part of the charter of the said city of Huntington Beach. 04 State — 8 — 4n the of the Sthe ate ofeCalUoinia FEB Z - 1940 State Br�•J•gt,G Dew Gordon Gordon H®Garland -------------------------------------- Speaker of the Assembly ------Ell is_ President of the Senate n' Attest: ------------------- --------- (Seal) Secretary of State By ChaseJeFagerty Deputy Secretary of State. the CIW OF HMITINGTOII BEACH, in the I County of grange, State of California, ;s nov and at all tires herein referred to was a city containing a popula- tion of moro than thirty-five hundred (3500) inhabitants as ascertained by the last preceding; centaur; taken under the authority of the Congross of the United States, to-wit, a census duly taken by the United States of ,-aerica in 1930; and VOTIE=, said City of Iluatington Beach is now and at all tires herein nentioned ryas a municipal corpora- tion duly authorised and existing under the general laws of the Ststo of California as a city of the sixth class; and „6L,'2AS, pr0000dinga htavo beer, duly had in and taken by tho said City of Huntington Beach for tho prepara- tion, proposal, adoption and ratification of a ohartor for � the govornmont of said City of IluntinZton Beach, all as sot forth in the following Certificate of the MAyor of said city and tho City Clerk of,said City of Huntington Beach, to-Witt -1- CEII.tIFICATE OF F'OCEZEDII IS i- k?+ T i:.i�Ri BY i E CITY O IIa)7i'- fI ITC�'i DEACt?(�,IN iI',Ai`._Ii�I�s A GTIWi- . ER FOR 'ITS. STAY. Op CALI FO-11NIt1, County of Orango, ss, City of Huntington Beach. VtTa) the undarsigned, WILLIS Ii. i`ayor of the Cit3• of ',TuntLngton. Beach, County of Orange, State of California, and C. R. Finap., City Clorx of said City and ex-officio Cler': of the City Council of said City, do hereby certify and declarc as follows: That tho undersigned, said C. I;.. Furr, was at all tno tiros heroin zontioned, the C1erx of the UZIS a- tive body of t'.o City and City Clone of said City of 11mt- ington Bosch,, that haroto:oro an,' prior to the 16th dey of ?:arch, 1937, the said City Council of t1.o City of H mtinz- ton uau.4h did frarao a proposed charter for its own govern- ment, and on tho 16th day of i.'arch, 1937, said City Counoil of said City, by IRosolution No. 770, adopted by the unanimous vote of said City CoiLicil at an adjourn, od regular meeting of said City Council, called PL special election to be held on the 20th Say of April, 1937, for the purpose of submitting to the eloctors of said City of E mtirCton Beach the proposi- tion of no adoption of said proposed charter framed by said legislative body of said City, which charter was net out in full In seda rosolutio n, and desisated as Proposed Cbartor of the City of Huntington Beach, California; and further provided, that said City Council should stoat on Mon- day, t,Ae 3rd day of i'ay, 1937, following said election for the purposo of canvassix,,; the returns thoroof, and in the event said charter be adopted by the electors, tho City Clark bo authorized, dir©oted and instructed to submit the s=e to the State Legislature of the State of Cali- fornia for ratification; and further resolved that the proposal for the adoption of said proposed charter of the City of Huntington Boach should be submIttea to the also- tors at said special election held April 20, 1937, and furthor directed that said City Clerk publish said pro- posed charter on the lgth day of :'arch, 1037, in the Eunte ington Bleach views, a nompaper of general circulation, printed and published in the City of IPuating-ton Beach; That said proposed charter was published pur- suant to said ardor In said newspaper and in each edition thoroof during the publication on tho 18th day of ..arch, 1037; that the date set for the submission to the electors of said proposed charter, to-ait, April 21D, 1937, was not less than forty (40) days nor more than sixty (6o) days after the completion of the advertising in said official paper, as aforoaaid; That the population of said City of Huntington L'oaeh is more than thirty-fivo hundred (35oo) inhabitants as aseortainod by the last preceding census taken under the authority of the Congress of the United States, and of less than fifty thousand (5Q,000) population. That said election was duly and rogularl✓ held on the 29th day of April, 1937, and that at said election a majority of the qualified votors voting thereon voted in favor of said proposed charter and for the ratification and adoption t} oroof; That tho said City Counoil of the City of I:u:.tinZton Coach at a mcotin duly hold on '.ny 3, 1937, at the Umo and in tho forty and nannor roquirod by law, and in accordance with tho law in such cases uncle and provided, duly oanvassed the roturns of said election* and duly found, detortained and declared that a majority of said eloctors votin- thereon had voted in favor of said nronosed charter and for the ratification acrrd a3> option theroof, and that the same was adopted and rati- fied by more than the najority of the qualified voters of the City of Im-itinpton Beach votin- thereon, That said election above mentioned was held in accordance with the election 1mis of the State of Cali- fornia relating to and -overnin- elections Lu cities of the sixth class within said state, so far as applicable, and in othor respects in strict accordance with the Zon- oral laws of tho State of California; and that said City of FIuntington Beach vaas on the date of said eloction a city of the sixth class, doily or-aniced ana existing under and by virtue of the lags of the State of California par- taining to munioipal corporations; That said charter so prepared, proposed, samitted, ratified and adopted as heroin set forth is i r, the words and Siguros folloviin , to-wit: t t11iEREAS, said charter has been subLdttod to the leuislaturo of the State of California for approval or rejection without alteration or anendnent, in acoor® dance v.ith Section 8 of Articlo X! of the Constitution of tho State of California :3tli, Ttls.Rurvltl:, BE IT ::SOUIED BY `1�J; Assembly of the :;tato of California, the Senate thereof concurring, a majority of all the mombers eiccted to each I:ouso votiaz, therefor a'.:: concurring therein, that the said carter as prescnted to, aGopted and rati— fied b- tho eloctors of the City of HuntinU on Beach and as hcroinbeforo fully sat forth, be, and the sezie Is lac.:eby approved as a whole, as and for the charter of t::o City of Huntington Beach. CAti3♦zT`UUTIA. A't',z GN 7 Z. "cu-3e as.ncl .�ucce e lon v,F;C,I:} ' l d ^';e c;titllcipal coy-»:^sties nosy existing and )moan an the "City of HuntLst;ton Beac-%," C alfornia, shall renain and contLuae at isody politic and corporate in fact " In ln:v by Vic nave an at prevent of "City of Huntington Beaohh,a and by cueh atc:ne ch,�ll have perpetual. auceesasion. ART ICL XI. Houndaulie a :;j,CTZgtt is The boundaries of oald City of 1kMtItZton Beach shall eontirme an now estUablished until chanced an authorized by law. ,�RTICI,� IZZ. Powers of Elie City B'r:CTI-M 18 !Mw City of Runtincton Beach, as cucoenaor in interest to tha: municipal corporation of the sane nab hor+einm before created and exlatinC., n all have, own, hold, possess, control awl in every wary ouccoed to and become the owner of all r1C,hto, titles, claims p+.nd interests and all property of every kind and nature whatsoever, both real and personal by said esistinG municipal corporation had, owned, held, possessed, claimed or controlled, and ashail? be nubjeet to each and all of the debts, oblicationa, liabilities and duties of said exi.stim cunicipail corporation. ::C T IOn 2 E ,he City of Huntincton Beach as:aa'11 have the ri ht and power to nape and enf-'oree all lawn and roodUtione In rea;seet to =Acipal asffa3lras, subject only to the restriot- ions and limitations set forth Ln this u-nartor; provided that nothing herein shall be construed to prevent or restrict the i City from exerclaing or consenting to, and the City is hereby c:uthorized to exercise any and all rij-)ita, po�rera and privileges heretofore or hereafter erYnted or preaeribed by the general laws of the State; provided also, that where the general lass of the State provide a procedure for the cPx:yinG out and enforea- ►wont of any rl,-,hta or posers b<_+longLnG to Vw City, such prooedure W be follo,md unlecs a different procedure Is or stall be pro- vided in this '-%arter or unless a different procedure is or 82ia1Z be at any tine or from tine to tine provided by ordincnoe. It is the intention of the people of the City of Huntington Beach in adoptinG this (MLsrter, to to:o advantage, among other t hInGG, of the provicions of the 1914 Anondnent to Section 6 of Article XI of the Constitution of the State of California giving Cities Hone Mao as to ounicipal affairs. SEC:I'N 3; 'Zia City of Huntington beach shall have, possess and exercise, and is l:creby given and granted, all posers, privileges and rij:;%ato ,7hich any municipal corporation my law- fully poaseas or exercise ur4esr the Constitution of this State whether in raxnicipal affairs, proprietary matters or otherwift, and all powers, privileges and rights necessary or appropriates to a municipal corporation and the general welfare of its in- habitants Which are not prohibited by the Constitution of the State of Crlifob nia, curd which 1t would be come3tent for this Charter to set forth apeeifiorJ-1y or particularly; each and every power whether in Municipal affairn, proprietary matters or otherwise which ritzy municipal corpor_,tiorr in this State may now or hereafter lawfully poanena or exercise, is herebor given and (.;ranted to the City of 1tuntin5ton Bench, and by this re- ferahce thereto each and evory such power shall be deemed to be herein specifical3j aml partieularlj not forth, given and granted; the specification in any other part of this Charter of any 2 particular power aha.11 be deemed nerely a repetition of Vie stator ent of that particular power and einll not in any way be held or deened to bo a limitation upon the powers hereby rXanted, or as exclusive of any of the pozern herein wanted or incorporated herein by reference. ,-=j:`. his Extent of municipal jurisdiction. Mw municipal ,jurisdiction of the City of Huntington Beach a}in tl extend to tie limits and boundarieo of said City. jV1=I CLF IV. M actions 3 CTIOII 13 lnus membors of the City Council filiall be elected fron the City at large by the qualified voters of the City at a general nuniciprl election to be held therein as horeinaf ter provided. SECTION 28 Qaalifled =eotors. The qualifications of an elector at any election held in the City of 11untitagton Beach under the providions of thin Charter, shall be the cane as those prescribed by the general lairs of the ^gate for the qural lfication of eleotoro at ga-nem. State elections. 140 person shall be eligible to vote at such City election until he has conformed to the general. State lau governing registration . of voters. GrXTION 3 Y Elective Officers. 110 person ah all be eligible to or hold any elective office of the City either by election or Fappointtient, unless he shall have been a resident and elector thereof for at least one year next preoedi.zu,, his election or aappointnent. .5 XTI(lIF hY r-ileotion Autioritlea. All elections pro— vided for by this Cjuxter, whether for cioloe of offloers or uutxiiseion of quaastions to the voters, cat-all. be oonduoted in accordance with hats gencral election lava of the State of California raoaliesble to cities of the sixth clans, and the provisions of such Sorwral election laws of the State of - 3 <. r California shrill a;,,lf to all such city elections except 'when c i' Lnced by thin Chi--rter or by ordin rice of the Council. 55;CTI0T7 5: At all elections; the returns from, each election precinot ch -1 br filed pith the City Clarks and shall be oanvaaaed by Vie City Council at Via next remAar raeeti.ri, of such Council of nr the expiration of three (3) full days after said election. II.Mediately after the remit of the election is officially declared by the CiV Council, the Clerk ahall, under hie hand and tho official nenl of wild City, issue a certificate of election for each and every person elected thereat, and serve the came personally or by null on each such person. F31,r'i1e:11 6s All elective officers holdin; offioe swan t-his Quarter takes effect c:iall continue to hold *',floe and exercise their respective offices until the expirsation of the tern'to vaich they were orlC mll_n elected and until the election and qualification of their succenoors, and aald off icera ahzll be entitled to re-election. All other offioers and enployea s in of Pica or mnloyed ch-11 continue to hold office and Wheir respeotive poeltiona :ul to exercise their respective duties and amploynents until Vioy may be remote as in Uile Charter provided, or the election or appointment and qualification of their Succaaaora. S:GTIOTT 7: 17ithin not More tImn sixty (60) dsys, nor leca W,.an thirty (30) d ya, after the approval of this Quarter by the Legialature of the State of CAifornia, the City Clerk chill call an election to fill the additional of OSS Made elective under thin Chta-ter and the officers so elected shall hold o:'fice for the; full tern aG in thle Charter provided, and until their success;era are cleated at a general nunicips3 election and qualified. ARTICLE. V. 14 ,illative Power SEXTIO:I is All legislative powerc of the t;ity shall be vented, subJeot to tho temc of tails Ohnxter aird of the Ootr stitut9on of the ,^,tvte of r—'aaifornla, in a City Counoil, except such lej:.inlative powers, as are reserved to the people by this G!vlrter and the Constitution of the State. SECTION 2 a Council. the Council ahall be composed of five (5) councilman incluc.ing ra LStTtiyor, and raira l be the leacicative body of the Cite, each of tho members of which, inclurlinr, the Qrtyor, shill have the right to vote upon all quectionn before it. The rindbers of the City Council ah;.Al be elected as In this Chester provided, and ah._a].l hold office for Pour (4) Years and until UvAr ruccecaors are elected and qualified.. An,y vacancy occu.^ring, In the Council ahcll be filled by the zra;uaining counailwn, but in the event that *aid regaining councilmen fail to fiL. such vacancy by a);pointraent rrith,in thirty (30) days after the vacancy oceuro, they euct Imediately onuse an election to bo held to fill such vacancy; provided, however, that any person ,€appointard to fill ouch '�acanoy shall hold o"fiee only until the next 2,etv7ilar caudelpsl election, at -Atieh date a pf>rson es?uall be elected to nerve for they remainder of ouch unexpired term. In wise a mw7ber of the Council is, abrant from the City for a period of sixty (60) days, unless by permloaion .of the Council, hies o'fice swill b-- declared vacant by the Counc33 and Ule sr .ie filled ac In the once of other vacancies. i 5 CTIOIT 38 Meetingc. die City Council of n11 meet on the i4orkd y next auceeediir; ha elate of the ganaral otniolpal election. rash newly elected ❑enber of the City Council before enterL-Z upon his duties alLn11 take the oath of office. At said meeting the City Council elvall choose one of its number to be !usor. The Ci*,;.r Council oh-11 :-.old rejra ar neeMme's at least once in each month at such tLnea as it ah=11 fix by ordinance or resolution and W adjourn any regular meeting to a date certain, which slLn11 be epeolfied in the order of ad- journnent, esu3 when so adjourned, ouch adjourned meeting, shall be a reculnr neeting for P11 pia-poses. Such adjourned aeoting may likewise be adjourned and -then no adjourned shall be a reeplar neetinr, for al-7 ptu-,7osea. Special meetings nay be called at any tide by the mops or by Ux-roe (3) nembers of the City Council, by written notice delivered peraorLglly to each nermber at least three (3) hours before the tiFae speci„aied for the proposed ne�etingl provided, however, Vw-t nny special rmaeting of the City Council shall be a validly called npecinl meeting, without the Civing of nuoh written notice, rya wove provided, if an members of the MY Council ch,11 give their consent in smiting to the holding of such meeting, and such consent Is on file in the office of the Cltj Clerk at the time of holding such meeting. A telegrophio ao=m. nication trots a councilrt connentinc, to the holding U the meeting ahall be doened to be a consent in writing, within the meaning of the terns ar. empresoad in the foregoing sentence. At any special meeting the pooer of the City Council to transact business shall be l9nited to mattero referred to in such written notice or written concentg all tmcaotin,;c of the City Counal.l ahall be held within the corporate limits of the City at such place an mzV be designated by ordinznce and Whall be publi0e In the Avant that a.rq order of adjo:rrm.ant of a regular Meeting falls to state the hour at which any adjourned meetlag - 6 ® Is to b-3 hold, cuoh adjourned m-eetin; uV be validly held on the dtiy e-per in Vir order of aAjourament If hold at the hots net forth in the oreinance or resolution prescribing the time for regulpr neetinga. 3:QTION A. tZ�Iozun. At r1V neetLn�; of the City Council a majority of said council shall conatituto a quorum for the transaction of bunineon, but a lena nuaber may adjourn fron tli a to time, and nay compel thsi attendance of abacat memberu In ouch rLsuiner and under such penalties as may be prescribed by ordinance; ml in the absence of all of the City Council from any regular meting, or adjourned mecum(, the City Clerk deelam the cane porgy tponed and ad j ou<-ned to a stared day and hour, and suet thereupon deliver or cause to be delivered pereonf ally to each member of the City Council a written notice of ouch adjournment at least three hours before the t113e to dhioh Bald regular or any adjourned raf),Llar meeting harp been adjourned. CTIO�N, 5z Council Mules. The City Council. shall Judas Of the qualifications of Its members and of all election re.turna, and determine contested elections of all city officers. It My establish ruler. for Vw conduct of Ito proceadin&9 and. punish any member or other person for disorderly behavior at any aeetinE�. zt chal l cause the Uty Clam: to beep a correct resold of all Its proceedings, and at the deairn of any member, the City Clork snai l call the roll and shall cause the apes .and noes taken on an,Y question to be entered in the record journal. 5FCTI€XT 6: Cfficlal Action. The City Council nay take official action only by the passage or adoption of ordinances, rocolutione or motions; provided, that any action of said council fixing or preocribing a fine, punishment or ponalty, or &,ranting any frto Ilse, shFll be taken by ordinance. In the absence of any express provision to tho contra in said oore- stitution of the State of California, or this Charter, aaid _ 7 - 1 t;i,y Coum-ll nay choono any o; the foregoin, three methods f or ta'tinE, mi h action. The CS'.y Council may enforce all ordinances, reDolutiono, rules and re r ulationa made by it, and rmy do and perform anjr and all other acts am1 thinga 4ilch mw be neeeaaary and proper or convenient and proper to carry out the posers and purpocea of the Ciyy of ItuntirZton Bea" ;Ai2TI VI. Le ulative procedure 2F:CTI:}1-' 1: ,10 ordinance c2ll be adopted unless the as,mo ah:�l have been introduced at least five full days, excludL-Z the do,, of, itn introduction, prior to the adoption thereof. ECTICJI; 2 t 110 ondr4ance ch:al have any, validity or effcot unlenc Ipasred or adopted by tie votes of at least three of the persona conatituting the five members of the City C,ouncLl. M:C7I0f1 3s The enacting deuce of every ordinance pusseed or adopted by the ooann.11 shall be, "The City Council of the City of IiuntinCton Beach, California, does ordain as follownO Me enacting clause of every ordinance adopted by the people Shall be, "'Die people of 'L e City of Huntington Beaaah, Calif¢ oreia, do orcl<zin as fol2oaa3" 5£CTIO1T 4E Everj ordinance introduoed ;shall. be read upon its introduction, and the same shall be read a second, tim upon the finA paswo and adoption thereof; provided, that the cocond reading, thereof W be by title only, unless the Mayor or any oounallman present demands that the same be read in fu'_l. Any pr dina,me cast be amended or ► edified betmen the time of its introduction and t:A time of ita final pa$WA or ® 8 ® i adoption, provided Ito general aeo?c and original purpotse or purposes; are ret�zinedo S C^,IO2t. 5s Ordinances nnJt-Inc aruuiz . tax levy, ordinances roleLiru; to elections, orUnsncec ra1.3tlnt; to bond isaueo, ordinaneet3 relating to street procea t.i Ze, onlimmcoo &a In tUa Carter otherwise especially required, the a;uunl approp- riation or-alnmance and onergency neacures trhn-U tale effect at the tine Indicated therein. All other ordinances paeoed by Vie Council shall take effact at the tine Indieatoa Vicrein, but, not loan than thirty (30) da-va iron the data or their paoaaGo. ordinances adopted by vote of t.:e electors isaall take effect at the tU* Indicated therein, or If no tine be apeeified then thirty (30) dVa after their adoption. An emergenoy neasiwe Is rn ordinance to provide for the in eQ_iate prec.«rvation of Via public peace, ;property, health or safety, In which is onargency clamed is uet forth and defined in the preanble3 t'Lereto. Vw a fi:-kntive vote of at least four (h) ren?),ern of the Couno,11 clu,- 1 be required to pace ant orcli.. nonce as an a mcm,,ency neama-ea tto measure nak na or amending a v=t, renewal or extension of a franchine or other apedital privilege dull be paused as an emergency neaourea No situation tLInt-11 be decla rod an cmaraenoy b, the Council except a^ defined In this section, and it, is the intention of this r'urtar that compliance with such definition shall be atrictly construed by the Courts. :�.�: ON 6s Every ordinance shall be filed send topically indexed In a book kept for that pur7onc° almll be nuthenticated by the alMnituree of the rayor and City Clerk, or his asuthorized deputy, and wit iln ten dnye after its adoption clip-11 be published at least once in a newspaper of generzl circulation published and — 9 — circulated in Vie City of atuntinZton teach. In tale event Vat'! ublicatlon or aV ordinance shall not be made within .aid period of ten daya herQin<:bove decirnated, said orsliru=e oh,11 not thereby be rundored null and void, but the effective date Vier-cof sh.-:11 be poatponed until the full pariod of thirty days shall have elapsed after Vie publication thereof. s7C-11071 7s no o;ciinanco or oruer for the _aymont of none, a'-L.-11 be panned or adopted at any ot)%cr than a re guar neetinG or adjourned reGLaar necting of the City Council. C CTIM-4 32 Ordin nceo asu? recolutions are the formal, acts of Vie City Council roduced to T-7r ,itinr, and passed under leg,sl rentrictiona govo_'ning action t-hereon. Orders embrace all OVicr ucta, 5Z`li^h being leans forma in chrracter, rocuire only to be duly panted any the Council and irzread upon the minutes. 5':CTION 9t All Ordinzmaen, necolutions or Ordera In foroe at tho ti;rse thin C mrtar takes effect, ahiU aontimW in full force and effeot until repealed or amanded as provided In the Law of the sttfte of Cnlifoxnia under which they, or It, was enacted. lot The 13oo<?er of the ri ty to acquire b7 Purchase, r,lft, bequest or devise or ,ror.de::n-Lation, or by any other meanss, within or without the bountlaries of said City, property both real and personal shall be exercined in aocordanee with the provisions of the ranerul laws of the state of CAlifolyia M the same now exist or as t11gy W herealfter be anen;deds unless otherwise provided by this Charter or by oxdlmnoe of the City Col L*ic 11. sl�tTI� V'ZT. Officers, Doputiea and 7-p10yQeo 1: Tho o .'icora of the QJity of FTuntington Beach c!L--tll be five memo--,ors of the City (ouncil, one of s4ton ahall be m 10 chosen as ',sa or; a City Clem, ,;ho s.'z 11 be ex-officio City until changed by Ordinance, Annesss;or, a City rlYetas rer; a City Ir.>aC,ineer, w2io ahall )be ex-orficio Building Inrspector and ea-oaficio Street SupeE,. Intendant, until chanrad by Or cli -, cc, a City Judge; a Chief of Police, a City Attorney; a City Auditor, a City Collector and an Fire Chief; provided, the Col icil. m* by ordinance provide for i uoh cubortUraLto officers, assiatante, doputien, clerks a,A enployees an they may deers neoensary and may fix their reca;)ective duties, goaere and coapennations® The Council may appoint any person, other tli-n a nenber Of the City Council., to Core V%an one office or appointment, provided said council does not deer the duties of such offices or appointmonto to be in co;afl ict, or the holding thereof by One pernon to be contrzry to good pu1>.lie polio. If an elective officer of the City under the aut'horlV herein given, be ap- 'pointed to hold wV sap-)ointive office crYated herein, or created by or:linanoe an herein provided, lie clval, be entitled to receive as ouch a;raointive officer the a lary or.00mpennation attached to ,!such ap:aointive office in addition And without regard to his salary or comonRation as an elective offioi 1; provided the duties of ouch ap:�ointive office r..ra not such as lie would reasonably be re^uiraa to porf :-rn an such elective oftiolal.. All elective and ap_)ointive o_=cars shall be provided with a copy of the O? artw3r of the City of Huntington Beach. C CTIOTT 21 The City Clerk. and City -Aiv asurer ahall be elected fron Vie City at lie and E;"l hold office for four yeas-end until thcir successors are elected and qualified. A11 other officer© shall be ap:)ointive bj the Council and shall hold of floe at the plesasaurc of the Council, unleac otherwise provided by Ordinance. ems .. j - 3: M or. —,ae mayor olvOl preaide at the neetirn_?c of the City Council, and in cane of hie absence or inability to net, the City Council ehall a point a Day or pro tarspor c, who chap serval only until such time as the mayor returno and is able to not, and zho for aucli period shall have all of the porrera and dutier, of the vapor. Tie motor ohall have the rower to na e or occond any notion and to pmeent and dincurr any natters, notnithatandinr, the fact that the Wor is the preaiding officer of the council. In the ease of the Absence of the City Clore, the deputy City clerk ahsll act. If there be no de-Mty city clerk, then the mayor alit-Al appoint one Of the nenbere of the t.iV Cotunell city clerk. pro taopore. The mayor ehsa<lll eirn all >arrantn drawn on the City Treasurer, wA rlwll sign all written contraete and conveyances made or entered into by said city. T1ie myc' shrll have power to administer oaths and affirr,ationa, to tales affidavitn aiul to teatify the aaw under 1.3ra hand. The mayor in aaitZ.o:ized to aolazocrledf;a the execution of all inatrunents executed by n ld city tLLA are reruired to be acknowledged. In the event of a vacancy ocau ring in thn office or the mayor for any eaune, diem Council ahnll have the authority to fill ouch Vacancy. 1170TION ki Chef of,Police. The Qiief of Police stu311 be the herd o: the Police ilepart€aent of the City of Huntington Beach and eh=all have all the ponere that are nosr or may hereafter be conferred upon sheriff a arx2 of wr peace off ioero by Vie laws Of the State of talif'oxnia. It hlu►ll be him duty to preserve the j*mblio peace and to =7.precC ri,ota, Urwlts and disturbanueo. Hin orders ahnll be promptly executed by V-w police offiaia7la, or uratalmen of the City, and every citizen ahrll lend him old When re,u osted for the arrest .of oPfenderc, trio naintenance of public order, or the protection of life and property. .. 32 He ehn3.l execute and return all process iccuod to bin by leGal aut!iority. Ho ch:l.l iierform the eiutieets of a regular patrolr_= and 1aave autlaority. and it is hereby mde his duty, to arrest >craono violntinG any law of t'aa ata.te or ordinance Of the City. '.i'hose aai-reated for violt;ting City ordinancea UVp before or aftar trial., bo confined to the County Mail of Orange County or in thA City Jail of the City of Huntinzton Beach. The C71ief of Police ohnll have such other powers and duties appertnininG to hit office an may be prescribed by the City Council Or ruler. of the Police Department. lie shall appoint and remove all aubordi atec in the dopaitnent, nOw zulso and reC,ulatlons for the taarazaipaent of the dopar-tr ent, and prescribe teats and ex_minations for p,!:�rsonc in the department, all in accordance wit'.i thn provicsions of thin Charter, and subject to the ap.)rov€..1 of the Citj Council. Sf'CTIOTI gi City ,vsve,ncor. "Mare shall be a City Assoc sor, of rhich office the City dealt nh�ll be ex-of.ieio incumbent. It aha- 11 be the duty of the Assentor, ate soon after the first tbnday arch of each ye2r, ae p:iacticaable, to rake a full, 'true and co=act raccerscaent of =.311 table property wit':in the City of Thtn'ing,ton death, orned or poccecned by any person, board or cor-po—tion, at 12:00 o$4-oc% noon on the first MonclaY In MArch of each year. tie shall make out lists, giving the nee of owners and d.000ription and value of the property, following Us fora, as norarly as may be, required by the lave of the State of California governing County A.oaecoors. MECTION Cie City Attorney. 7110 City Attorney ahan be an attorney and counsellor-at-law, duly a&n1tted to pr actioe.lam in the State of C-a3lfornia. }le shn.12 have b=:en aotuHlly ended In Vhe practice of the proleonlon of lacy in this State for a period of at least Uave years next before his selection. It shall be hic duty, when directed by the City Council, to proveeute on behalf clam r of the nionle P11 crinina:l aaseo for violation of this C'.1 L,—r am! of city orttinrincen, and to attend to all suits and othor mattern to which the City is a party, or in Vhiah Vie City msa be le6r-lly interorted. tie shall be in ettendanoe at every of whn Cit�v Council unlerc e4ousecl wherefrora by •2l^ Va or or Lhe (mutcil. TUN chral give hio advice or opinion in writi!z whenever re�uirerl by the City Counoll or o'.':er offloero. '.Ie nhr:11 be Uic leGA adviser of all City officers; he olia11 the forns of al? toads given to and all oontracto nade rritli Lhe City; he ch,11, when required by the Council or Prj membyer t',.ereof; draft all proposed onlinanoea for thvi 'rity and =enderento tlmarr;to; rani ah:tl3 do W perforn all such thinSs touohlig hia o*`_'ice as the Council my require of l:in. IIe ch 11 receive as comenaation a oalnx"j to be fixed by ordinanoe or renolution and he nhs�11 receive in addition thereto such reraeonmble a0ditional fees or compensation as the City Council may allow for ousts or proceedinno before aM court, board, trl?.una- 1, of;icor or connir;nion in which he has been dirAc;ted by the council to not or appear and alao when allowed b;, thn council extra coraaenri ation for bond iseuea of all kinds and for any service 7hlch Vw city Council tray dears extraordis aZ7. The City Council shall have mower to dir•Jct And control the procecution and defence of all suits and proccedin s to .which the City is a party or in Ohich it is interested and may es4aoy cpecLml counsel to assist the City Al.torney therein and prOVide for ;'ie coopencation of roil pay cuoh special_eounael. M,3 rite A Vtornoy try Fzl)ooint a aecreUuy at such malary or coopennation as the Ci?,Y Council. by onUnrnce or resolution, ahall prescribe. B CTI0%:T 7: Treanurer. The treasurer ah.:11 receive and carcly keep all moneys rp_nd securities b-loncinG to the City, and eosin; into hin hfanda, and pay out such moneys only on warranta — 14 .. signed by th•= proper o."'icera any} not o h,rsice, for claims or demands ir,Adh have b�sen previ,usly a locoed or approved by the City Council. IMo treasurer LuV deposit all or such portion of th^ public none-ye, na m--y be dct^rnined by than City Council in any be nk nu Whorizzed by last to reccive deposits of the pubiio m on y, in ac.or cuince YMI-1/provinionc of the Constitution and to lrwa of the State of California. iic may mach dep.ttioe ant onployces to aawAst him at cue% s 72arie:. or co.=en^sition as the Council nay by ordinance or rer..olution prescribe. Me city treacuror ahall p:�rfoxri ouch oth,2r duties ate rsay be preecr ibod by t:aia Cling ter or by :,rolutlon or ordinanoe of t2if? City Council. 8: City Clerk.. Until each time as the Council of Braid 4ity ahr'11 othorvine by Orc:inance provide Vic City Clerk nhali to ex or.ioio City Aa Iltor. :he City Clerk chA , subject to the approvan of the City Council, appoint `uC.h de^u tier, and e,—,7loreea to a,saist hits, at ouch ssalarle c o; coapencatiot ao '—he Council .nay by ordinance or resolution prescribe. Tits City Clerk ehnll have the custody of awl be responsible for the corporate so;al, and all books, papers, records, contracts and c+r—chlvao balonging to the City or to any dopartnont thereof' not in acturra uac by o.hcr officers or elsewhPxe by apeolza provision of this cIr-a ler, or by ordinance of said city committed. to 't—heir custody. Thy City Clerk or his deputy or am istrant, shall be present at each mooting of the Council unloae excused therefrom by the Ea.7or, or Council, and k�-ep full and accurato minutes of its proceedings and alao separate books in which, reepeotively, he shall record all ordinances and offioial bonds; he ab all keep — 15 — all of U e boolm properly indexed and open to the public inapection When not in uce. Tw ^ity rZe,a ch^11 have power to take affidavits and ac3.minictor oaths in all nattem x+alatL-C to 4—ho business of the City, and ch-1l ni're no clli rge therefor. ire City t?er shr:3l perforn crush other duties as =7,Y be prescribed by thle charter, or by resolution or ordinance of the Olty Council. f,',rilTc11,t 9t City Collector. It chn11 be the duty of the Collector to col?eat taxes levied by the Council and other moneys duo the C1ty. Ue shall, at the clone of each business sits',', poy to tho treacurer all tczxea or other funds of the (31ty colleoted by hin durLV; much day or In hie. poosession. Upon receipt of any tax llat he --ave hin receipt therefor to the auditor, and a'v�1; , upon delivery to the auditor of the delin:uent tax list, t,zIce his receipt for the na-me. He ahszll be chax- ,ed with IM taxec levied upon real and percona2, property t71tl.in the City upon h1c racelpt of tho tax list ;rm the auditor. He cb-a r be c?ziar� a r iV% and indebted to tba City for the fsttl amount of nll wed d a upon delinquent lists delivered to 2iln for collection •. Hess ttze council determines by rar;olution Vint he la uazable to colleot the name $* lsV7 and mle of tho property allvgsaed therefor. He ch_;11 possess such o`..:u;r pomrs and perfona such additional duties, not .in Conflict with this charter, EG ilny be prescribed by resolution or ors• ine;nce, snit h1c salary sh!,Al lx- filzmed by ordinance or resolution.. !Z,G 'lolt Idt Auditor. No oie ^hall be elISVAe for election to or to hold thr, o.floe of au=iitor vdio in not a certified public i accountant, or rho 'Mic not had at leant t1alee ye are practical exp,.rlence in accountancy and bookkeepingg. The auditor shall be the general accountant of Lhe City. Ile slia 1 ratain and preaex-ft In his office all accounts, booho, vouch^rn, documento and papers — 16 ® relating to the acts and cone noto of he City, its debts, rrvenuee and other financial. al"faire. %-'e chall keep an account o:• all moneys paid into and out of the troamwy, and shall r)-)rove all lavTul do-na.nds. do ' alrraya know the3 exact condition of the treacux-j. Ha d 11. approve no derive-A unlear, the :same has bean All=ed by the Council and he Is natIsfied that Lie oonaj is 3.a7ft>i3y d1e. rre shall ponness such otbe:, pow-ere and perfora such additional duties as pro- vided eleowhere in this charter or no may be prescribed by re-olution or ordinance. :} C 1017 11: 4talificationa of knpointive Officers. Except ao oUv)rwine provided in this chLrter, all officers of the City shall have b=!en a resident •and elector of t?ic City of Mntington Beach for at least one year next preceding hic appointment; provided, however, th.Rt tliia section s!L--U be inoperative If It shall b© deterninod by Vie votes of at least four of the City Council that there ie not a porcon with such at length of residence who Is ot2hnrw1ce nialified for and acceptable to fill said office and 17h0 gill Aoee;pt thrz esaMe. S CTION 12: City Fry ineer. "Me City -z;inner, by v=tue of hies office, cshall untU chan,-ed by Drdlnfznofl, Also be i3t.Peet Superintendent, and Building Insrseetor, wry-1a'k311 be Appointed by the City Council and oliall be a civil crt;inoor licensed In .tbe State of California Fanrl of not lens Va- an three yearsf professional exxperienee. Fie ahn.11 receive ouoh selrarf or coWensation as .the Cl'.y Council rohv11 by ordirvtnoc or revolution prescribe. Its COL-%11 Perform auoh civil en-.incering and curaaying nsaeoa ary in the ;sroaecutlon of public work Oone under the direction or ouper- vision of rho City Council ma Lie said council nay require. He ch—,11 rLAke ouch oe tolficateo ar4 reporto u:)on t'19 pr0�'etrA of such work, and shall mike such esetreeys, inapectlons wA a atimtes, - 17 - i and .)^dons mich other curve;ing, or enC;incerirZ irork, as may be ecuuired by law or ordLnance or by reoolution or ord-or of the City► Council. te-- shall have --,U tine i1073r II and J-.?rforn all the duties Imposed upon him by this a az~ -r, the orelinaneaa of the City of FLntL-Eton Beach and the orders of 1,11P CIV Council, and shall ba the custodian of and reeponoibla; for all aapa, plans, Profiles, field notes and other records rruui memoranda belonrina to Lh- city ?:,rtainL�, to his office cams the rrork thereof; &11 of >.hieh lie sl,_sll keep in proper ordcar and condition, with full index Viereof,, and chill turn over the ra a to his sueoesnor. All claps, plans, profiles, field notes, estimates WA ot':er memoranda of curvoys and other prof(WiAonal. work made or done b;, his, or u..-4cr his direction or control during his tern Of office, shall be thy► p:oaerty of the City of Huntington Beach. Said City riincer, Street Superintendent, and Building Inspector uoq ap;�oint irach aaaistnntn, doputies, clerics, otenogi-aphers and other parsons at such csalarie3s or e30apeneation as the 'City Counc31 by ordinance or resolution ahnn prescribe to racist him in either hie capacity an City Engineer, street Su�-rintende3nt or Eu11:11r4S Inspector. As Street rMp,!rintardent, subjeot to the provisions of this Clsarter and ral ordinances of the City of Huntington Beach and, lags of the State of California a;),.>licable thereto, he Wuall na.*u and lu:vc chpxGa of the coneLzttotion, i rovement, repair and rk_intenanoe, an(, is keepiW, open and unobatruoted, of streets, sidomalka, alleys, inns, courts, brideeo, vladuato and oVi,!r publio hiawr,>ya* a; all aevera, drains, ditches, eulvorta, c-.x xlo, streams and water courses; of boulevards, squares anal other publio plaoes and g:'csundn belonging to the - 1t3 - City or dedicated to public use, except water."rorks, parka, plaqu,rounda rand achool wounds, nn3 property. Ile shall manage narket houses, free n a.rketa, sowrze dis.iosaa.l plants and fartas, CrarbaC,e diapoc al oyatenas, plants and worka; and all other public aorta not otherrxise provides: for in this Charter. Pe c)r2l ZL'avc slur o o: the enforcement of all the obllc tiona of )rivately owned or op-r ted public utilitioa enforceable by the City, except as otheraice provided in this C-axter. He ah 21 have chafe of the olcanine� sprinkling and lit-hting of streets and other public places; the collection and Ciepocal of Giarbage and waste; the precervtion of all contraete, papers, pla nta, tools, rxachinar-y and ap;311anaea3 belon:,inr to the City and aappert-ainia(,s to said depaa.rtnent. Ile shall do and p rforn cash other dutioc and aacmine obnxre and control of ouch other works, plants or departments not ot:i^rerice provided for in Viis Quarter, rnhich hereafter W be aasniCned to his departnent Tay o—M-inainee or revolution of the City Council. An the Street Sup,.srintendent, he ch.-M poaceass such powers as are desirarated by ordinnnce, and as Btildinr,- Inopeetor, he s?iall pocaeac sue?z po.iora at; are doslonated by ordinance. SECTION 13: Fire Chief. The fire clUef of said city shall be Vie head of the .Tiro Dopnrtr ont of said City asndp subject to the control of the City Council, r;b--ll have ganaral aupr�rvinion and saanaa<rencnt of the Fire De yartment. Ne shall perforn such other duties as the council as,,-q frees tirie to ti.Zo iapooe. CTIO TT 141 Bondn of 01'ficers. OffIcare and enployeen of th6 City ehareed -pith ttae collection or custody of public aaaray before entorinC upon the; diadiaaree of their official dutlea, chall give and execute to the City their official bonds and — 19 — ot.'i r officers and emloyeeo alia11 rive such official bonds as o.rq be required by this Charter or ordinance of said City of F'un`.W:,ton Beach. The City Counoit alsall fix by ordir.anee or recatution the penal sun of n11 orl ieial bonds, and may at any tim by ord- inance or revolution L•icrea.se or decrease Vie pean1 sun o: any and all ouch bonds. Every bond given the City ahall be subject to approvnl by t'.e C14;; Counell ac to sufficiency, tarsi by the City Attorney no to fors. All ouch bonds chill be filed in the office of the City Clerk, excepting the bone: of Vie City acrk, vhich shall be filed in the office of t1w City ;'r^eaeurer. 'Nerf bond rshnll contain a condition that tho principal will perforn all official dutieo inpoEsed upon or r e,-uired of hia by lair, or by ordinance of said City of Hunti:k3ton Headh, or by thla charter, and t.4tt at the expire-re of hic tern of office he will Bumvnder to hie euccoscor all property, books, paper's mid documento t.h nt cwy cozen Lvito hin porceccion ac such. Me premium or chtsrge for n l of:ieial bonds of all officers and employees of acid Ci V required to give bonds, slither by. this "barter or by general law, or by ordinn,noe or recolutUn of said dity, eh-Lll bo paid by th6 City. Cwc OIT 15: gonUily Reports. All officers having the collection of public coneys, or the cuntody thereof, wA tLU officero and emloyeen required by ordinance so to do, shall oubmit.montlily finanoial reporto .to the Gity ,wuncil in writing, which said reparto ohnll be 1p-manentl q filed -sith the City Clerk aft,-, the Council shah have incaeetejd said acted Upon tho Game. si"CTION 16: Arnnunl. and Special Audita. The City 00=11 e:1-n11 employ a yeallo accountant or firsts of certified publio 20 .. i . _• __ 11, 1.-.---- " , _„iu.v +u. Al" 'r,i Baca LAW"UAj3A1 and cov>rnnnntnn_l af.aira, arLnuauy to investigate the trH.ns® actions and aocounta of all officers and employees having the collection, eunto(V or dioburcoment of publia money or property, or the power to approve, allow or audit de=An on the Uoeasury, and said City Council may authorise cueh nocountAzt or f1m of aoaountm ants to nak-e an investiration at anp tine with reference to WW condition relating to the affairo of nzid City of Yluntington Beach or nnly officer or ca-)loyce connected t`ierecrith, ae to anq natter or condition u7,on which nrid council rimy rc^uire a report con- oornlrkr, the affairn of an.id City. C 10 17: Mc CIV Council, rw culxdt to the eleotors at any Pennral or cpcc--a eleo Lion are arcilrmae providirZ that the elective offirerc, or air of this, oth:r than counoilren, may Viereaf t-r be sp>ointoci, or n.n ordInanrn provi4inG that the a :)oSntiva officcre, or n V of tbea, r'L.-11 thereafter be elective officerag provided, gait the provisions of the Initiative Shall apply hero to. In the event the elective off?corc, or any oV then, are made ap-)ointive, then at the ex"Ar.tl:: of the tc-Ma of office of the hf n in^tu bento of auc_% offiaes, or upon the oacu_.~rin5 of a vacancy i_n nuch off"Icea, the a.ffloes CiLsll be filled by appoint- ment b;; t'ie City Council 'and th-,t officer a so appointed shall hold orpice at the pleasure of the Council, o:, for a-ach terry as W be provided in said ordinanoe. In the event a?pointive a^fioon am nadet elective then said office or offloers a.all thereafter be elected for a term of four (4) yearn at the next reE7.Aar election, or at a "uisl election, when said ordinance so provides; in tha event the offices arc filled by a Gpecir:l election the tcrn of office mhall data fron tli,7 nearest general mtnieipal election; provided, howevery that ® 21 f v41ere an appointive o7f icer is appointed for a dofinite tern, Me Guaceacor shall not be elected untU the expiration of maid tem. ARTICLS :III. Coi lcclono, De,�,a'Lraents and �?ureatta 07ECTION 18 ?lwminr, Cors.icaion. A City planninG conniaalon any be cr^anted by ordimnee and in ouch cane said city plcinnina cor.,Lmlcoion nhr.11 be vented with all Uic powers and shall dia— chv.i na —he duties ao pre scribed by much ordlrmnoe. S—CTION 21 Hoalth DePartmcant. A City 11"C .lth DeparVient tt y be created by ordlnar>ac or re olutdon and in such cacao such city liealth departacnt sba l be vested with the pwwern and diB— cliaMe the duties prescribed by ordinance or rur..ola:tlon, or the City Council nary in lieu *.Hereof ar:anra an agr"e want. with tthig Go'„nL, of Aran e by thick the nuty an County Ilerxlth Aepartnent:s na;, be concolidated. r':C;Zo,i 3t Public Lib.mr,;. A public libra..zy or libraries -for the City of Iiu tick ton beach ahall ba maintained and r..annaed in accord nco with the proviniona of the sener l 1tw8 of vie !"tnte of erllrornia as the onze nou exist or as they W hereaftor be =earded. 3:—Llot1 ks OL'a:sr AGQncles. Cre. Ion and decL natlon of th- powers and duties of other boards, dawxtoentz, comaiazions and arencies shn31 be e71thin the discrotion 'of t1he raa.id MY Council to be manifested by naY of ordinanco. ARTICLE IX. City Curt S::C:IOti lE The judicial pornr of the City of )Wntingtan Beach chnil be vested in a cit;, court, which court is hsreby ectablinhed. The City JudGa sh�al hold acid City Court w1d ® 22 — uaxa court have jurisdiction concuz7vntly vith the Justio®o c Cota'ta, of al]. aatione anc; proceedings, civil and oriminal,arising within the cor-dorate knits of the City of lluntln(;ton_Beach and 1211rh tai;yht be tried in euch JUatloo$ Court. raid CitJ Court clia-11 %avc exc3uai a jurisdiction of nll actions for the meovery of rust' fine, penalty or forfeiture not exceeding, Five Muidred Dollars roceribed for the breach of any onUn:ncr of the Cit; ; of .11 notions Pounded upon any obligation or liability cr:iated by ruV ordinnatoe; and of all pro„er itions for say violation of exx ordirnnee. The rulsa of practice Arid node of proceedirsgn In said city Court shall be the name ac are or any be prescribed by law for Justice°a Courts in like cases. Appeale nib be tr-,er. to the :superior Court of Qran,e County, fron --11 judgr:entrr, of c id City Court, in Me awiner and ,�Ith like effect nc in cacon of a .-)ealn fran Justice's Courts. S ..71011 2= 'Die C11V Judge c:ia?1 have the nowern and perform the dutlec or a mv",Ictrate. lie nay adcinintcr and certify oaths and affir uatlons. X.0 ION 3a 3n all stases in :rhiah the City Judi ig n party, or in Which he in interested, or when he is related to either party in an action Lrf consa..nCginity or of finity within the third derree, or is otherwise disqualified or in ease of eleknecc or inability 4.0 notg the City Judge rLay caul upon v Justice of the Peace, recidInG in the County of Disc, to not In hiss stead. 3FCTIOTT 0 A Justice of the Peace 6%all not be disquallfied from, holalrZ the office of City Judee. a X'LICit 5t All foes and fines received or collected by the said Court tsh3ll by the property of the City of FimUmton Beach and &,all be depooited with the Treasurer at least once each week. e23 ® 61 61ne City Court chill have! a Beal bearliZ the inscription 4C1ty Court, City of RuntirC,ton Bach, Cali.fO nia". A R i M.F. X. ?unlit ''ori:, u`,nterlale and 171_)p1iec and rnernoncy FYpenditu.rea .`.";'Jilt 11 i s In the constructibn, ereoti-)n, igprovament And rc?air of Fill public buildingo, anti -}or:�s, in all street and sewor trork, in all rrorks for protection c�R_insL overflow or erosion and in all other 7orkc proccouted by or on behalf Of paid city and in the pure?aasinr, or acquiring of any nupplieo, or naterial.a for ui3o in or about the cane, mien the expenditures required for the a_ame exceed the atLn of five hundred t05M.00j dollars, the cur ie shall be done by cont not, and aball ba let to the lowest reoponsible bi.'. er rftPr notice Of publication in the o-'f ieinl paper of nrnid city givan by publishing such notice b;; Vro consecutive incortions in cueh ne7apnper, not more than t7enty dnya nor less Ulan seven daya prior to the time fixed in such notice for the opening and declaring of such bids. Buch notice sh-- I sta.to the general ehrrn.oter of the work oontempl.ated. to be clone nncl Vie nature t-.nd anotrit of any. rkitericl.s, equipment, apparatus or cup;)IIes to be furnished. 5 .CTION 28 the City Council may reject any and all bids Presented and zany re-.dvertiae in its dinoration. Further, after rejecting bids, said Ccntnoil rmy declare and detemine by at least a four—fiftho voto of all its nembere, t:at in its opinion the work in question W be- p+nlorned mre economimlly by day labor or Vie aaterirls or mk-olien furniehad at a lower price in Lea open =rket, and after the adoption of a rsaolution to this• effect by the vote above re.vired, they may proceed to have Vis work :'tone, or the uatiriale, equipment, ap*,'�aratue Or Supplies furnlr?ied or ;purchased in the manner stn.ted without f u t—her obeerv— e.noe of proviaiono of tliia rrtiole; provided further, taint in i case of a mat public caL-,aIt4r sucli as an extraorlInary fire, floor,, ;torn, e°-)ld�'^ic or other disaster, the City Council MV, by renclution parted by vat- of four-fifths of n11 its menbers declare end deteraine that public interert and necesai4y demand the its sediate axnenditure a^ public zzo:z sy to eafa6uard lire, health or property, and t`sereu;)�on it m,-,a proceed to expend or enter into a cont-not involving the expenditure of arW a= rflcuired in mach ",rgonoy. In the event there is more than one nelacpaper of G»neral cirmi?ation printer. an'1 publiOled in the city, the City Council chall, annu,-011y, prior to the beginninz of eao?i fiscal yerx, puUish a notice InvitInG bids, and, contract for the publication of :11 leg:il notices recuired to be publ.iahesd in a newspaper of Ueneral circulation printed and publiehead in said City. Said contract n?;ill. include th<e printing and public of U1 ouch lerU notices durin8 the e3nsu rvI fiec^l year. In the event there ie only one nce:r^pnpar of General cirewatian printed and published in maid City, then t-he City Council shall ha-re t:.,� pamer to contract with cueh nowspa-)ar for the printins and publichang of such lam noticac r7ithout being required to advcrtice for bids Uierefor. .7(,'T4T 2T 3: ,TothLZ la this Article contained shall be construed as applicable to :sorb or materiels, equipaent, apparatus or erneplies to be poled for ty crpecinl marecament on properV benefited thereby, but in all such cases the partiOuilar laws a;pplieable thereto chr11 be obcurvod, otherwlae the pro- viciona of this Article chtal be folloyed. ARTICL.; X1. Taxation, Equalization and Finance �t:ION l r ;Ise City �,ounaii a?in11 have the po per, peal It shns 1 b- itc duty, to provide by ortanance a syston for the F seers.sent, levy and co'_lection of all city taxes not inconsistent ® 25 With Vhe oroviol nc of t'.i.n chapter. ^ot?ii.rv,* herein aha l � rrvHnt t'tN vity Counc,i-1 f*on ezorcialnr, file poorer tented by general la,7u of the tat?.te of C,i lfornl„ r ela.tive to the aancernnent and collection of teen b;r count;; of.ficern. All taxed aocecred, to{pt?u,r Frith ring p,yrcent-:i;e unposed for delinquency and +-%e cor,ta of collection,ection, c L_-,al conctitute liens on Uhe prolperty Cann aced; nd every t;Lc upon peruozLva pmperty whall be a lien upon tivs rer;1 py-o aertj of the o"ner t'aereof. The liens provided for in thin caction nhnll attach as of tho firrt Vonda_r in Va,r ch of each gear, cruel rznzr be enforced by a sale of °,Zin :^e-d proporV of footed, an,,' t.1w execution and de— livery of n2l necos ary eQr tifir:tec ai=d dendo thp.refor, under Cuoh, rc,7,t ationo ss nny be prescribed b r uxt:lru.nce, or by action In any court of competent Jttricc3icti.on to forenloea midi liens. Any a ,.1 ro;,nrtx cold Ior each taxes ;,'..2.1 ba subjoct to re® darrption Tvithin €i rrndno.ption period of at leaaot five years and upon eueh terns a r,, the City Coi,neil may Prescribe by ordinance* All deede made upon azV ngle of prop:;rty for taxes or cpeeial accennnento under the In,ovirions of Vila c iapter Oral have ttw sx-,c force ^nd ef':eoy fn evidence a n ie or nay Hereafter be provided by law for deo(Is for property ^o:.-: for non—payment of county t�xea. very tax had the effoot of as Judg3ent rCninat the perason, and every lien ani tr d by this section h?o the forge and effect of nn execution levied aanninat all )-roparty of the delinquent. The 3ucl"-.innt is not caatinfied nor the lien removed until the taxes are paid or the property cold for the payment thereof; prw lded, Veit the lien of every tax t722atW?r. now exiating or here- after nttaching; oh-,11 ceaa c to exist fo: ,-, purposes after thlrty Jerxtz frost the tinq naid tax bectule a lien; and every tax rhother noT exictliwd, or hereafter rtaachin; ohnll oesaue to exist for all purponen after t.%irty year:7 from the time Mid - 26 tat baoa2-;e a liter.; and OV917 tax Ahether nor exiating or heiY,af'V.'r levied tilifal be conclusively prt; cd to have b en >rtic! :rL r lArty years iron Lhe tL.se then acme beeauo a, lier., unlen:r_ Lie Propf,;rty subject thcrato hac been sold In Lht= ,nnn:,>r provided by .Z..ssw for t?s.- p=ayMnt of cal.d t=. 5-XTIO111, 21 Thn city Co=cil ehUMI nnet rt 78 30 P.EII. on record ?Tone.^y o: July of each year, anal sit nc a board of equalization. and c:r^1I con-Anus In ee°epion fron to d:V un7.11 all the re turns of Lh:'' ar:-,.,ror :cave be*erl reotified. It %!-11 have ;so-Ycr to hoer oa ;.2.-.int:, and to correct, modify, o: ntri e out any a^c.=r. ._ >.nz nade by the arpe, ror, , rliz mv,-, of Ito o:zn motion, ratio any annearnent, u.",On notice to th,, T`arty r111i)t:t? c E3::!3:.:rttrTi . Is to be re-leed. Thc- co:,.-octnd lint for wash tax sh-11 `)a ti,, ac;-e,-Cn?)nt roll fol, onid ta.:: for call .%oar. It nh 'll ,>n ce--t fied by t iq Olty 11orlh, nho r?i:,13 act a-- clerk Rf '!-he board of egttnZio zatio n, an b,-Anr7, tZe ar..:'ec,-:acnt roll for nnld tax, and ahrsll be Vic w,.;n^c„f,,nt roll ui.)on mrich said tax is to be levied in chid yx:r. "otice sh I1 be ttiv^n of t„j<= ties ayri place QP ai.ttltsg In ,!ur's nnnnor nc np-y be preecribed b1 as�':ir�nce. 2 -' I` 38 f3L?tscL,1. 'Zaxot3 and Damlal. ': ienever the CouncLL s. All �letcn.Ano Via.t the public domanda an ex?eri ditura for nw.1ci)Nal pu:'_3Unea which oan not be provided for out of the or.11n. ary :evenuo of the City, it anq submit to the qualifie4 voter3 at a rogul.nr or w)eclal eleotion, a propocition to prrWide for such or--)cn='itare, either by lavyUia a rpeci.�.I tax, or by ir-cukr, bonds, wet no nuch Spe olal tax &,all bn levied nor a-Tr snioh bon.do iscsued., weans authorized by the aff it ative votes of t!7o-thirds of whe. cleatorn voti,*g; at eu& ele^.tion. IT,) bonda e u l I i�cuc I to 7 past cu:^eznt a naeee 27 'Zia for t:-.e votino c nd l .uiriC of bonds of the City sii ll be had in ouch it minty r and fom and under such conritlorm tip Oinil be provided from tin^ to ti.,e by 9,anaral lama. ,UITXiM, XII. Conr,oli(l;itlon and J:nnemtion I s he 111ty of ltuntit-g;tu)n ;each may consolidate nit;i rrV other contigu:ua minicipal corporation of tha State of C,-Alfornia, under and purauant to the p:ovicione of arty lave of (j;aid ats:te nhich racy be tap_.,llcable :.o the consolidation of duah uunicl)rvl con)orFatlons at t1 e tine tiwr eof; )rovided, hostever, t?:nt no such caneolidation, in or by ishich the said City of 11unU i ir.Gton Beach aamme- any part or ;portion of uV outatcandisg or authorized bonded indebtedness of aueh otlser rra-TAclml corporations, chn11 ever beecone effective or be conaurria-ted for any purpose Tr1w.tooever, unleac: and until at leuIIt two-t-hirds of the qualified electors o; cald City of Huntington Beach, votinn at such oonr oolidation election, al:rsll have voted In favor o, such ooncolt- c't tion, rn'' In fc:vor of mkin,C tyre within mid City of HuntinC,ton Beach, aftc r snich con^olidation, liable or subleot to taxation :pith the property in said other mmlolpal corporation for the paynmt of such b,)nded indebtedneas or any portion theroof of such other mnicirAa corporation. Mo re�uirenenta of thin charter in ^-'do regArd Oval l be in addition to any other mouirerento of tlhe lave of the State or Colifornia frith roferenoe to ouch nattera. The Gi w of l3u Ungton Beach rry annex eithor uninhabited territory or Inh€,bited territory, br both, in accordance with the Oem—arnl Lava of tiro Stc.te of C,oalfornla relating to the annexation of uninNabittvd territory noel lnivabited territory In cities of ouch State. .. 28 - �( - - A:'ICTw ICZII. xzlVlata`e, and, 110call `'{��: 4g 1.yS 9 '�:%e laws G�- `�.�I� t��..'to 0 "'al .fornia Providing for th lniUative, referend= any: recall in cities, no they norr exist, or :.ereafter W be amnded, are hereby made a part of Vila el.art er, naui all afAlon under the initiative, referer- dw-j and recall in said city of liwntl:Cton 'eaoh shall be taken In accorcL:vnce Trust said lave. 67"VTI,Ml 2s Me city rlerlr shall comare the rumes of the pesrnons appearinr, upon any initiative, reXerendua, recall or other petition or paper, requirinr, the ciGnaturaa of qualified electors of said city, vith the ret;latratlon of electors of wald city a,n shown on tmrrentr recorde of the registration of electors of the county of OrvP.re, CzalfoiTila, and lie a2 all make a rc�:,rt for the info=--ttion of said council as to the cuff ioiencf or L-tsuy f1ciency of exty such petition or paper an raCr-rda the =mb--r of a1 ;na.+.uMa of !WAILI led. eloctom appended thereto. ":e cuff1clenoy or in-cufficlency of any such petition or p xper ahn-11 be deV,-- Inad ao progptly an reasonably ponnible, and =rith the cc;.annt of the council said clerk rlay, at the expence of aald city, o=ploy cuch anaictrnce as w bo necessary in order co to do. AID: CLS Xltt. Pnuicliice s =.c°:I;I 1s ro-zer to Grant. V enarj contivl over uno of all propUrty o Twd, leaned or coat:0111ed by the City In Vested in the Coarlcil. Fr-.nohiaes, ;�ormlta or privileges t3tl;,t be Cr^.nted to parsons, fix-fie or conporations, upon such term, co.VIA tion;, roctrictions or linitrLtions as my be prenoribed by the Council by ordinanoe3, but no fmiclilae sal>a.11. be wanted ai h-crat re sservint; to Vie t,ity adertiato ao;ipe=a.t ton for tale prIvil.eGe conferred, nor Ovill any frsndhise be Crranted for a ® 29 i T)Criod_ t an fifty (50) yearc.. !�Irovlyded, that every frrarcr lao U:' v^`:I'.:: �p2;mit .^,::.'1.R i. Z-e rrai-i W i a ub j eot too the rlr�;ht of and in tho 'C.1ty at any tine, upon re.--oonable snotico, t3 e; rt.;e tho L;:ade, l oc:tlon, s IIC;anent or use, of rat}y otreet or place ,ir, or ovor -,!Ach such f r arschize or , emit Ir, Opined or opera to+d vLthout lix.bi?$ty or oh31;x 4icn on t'a.e part of said City In raV wive occuni,.med by ar" o?t 4;n of location of the pipeo, potoo, 11:nca or other e=fiiprie:nt c)f ouch franWhue or ,,emit required. by ouch cliarce of gradc, location, alIC-7ment or ure. Tae Counoilt ma bt ortlin. 1 ' ,� gbors d .:ice el.o.tet�..�;, .3.ttz t�� , nrovido a r30t310d Of �T!I ex -by ':'nra �a .tsewi be cxanted, forfeited or oxtencicd, cubject, to tlw limitations elac.0iere cont,,Llned in thin c tartar, aril. fron tine to tine in like na uv.,r czl"nao 4d3e me rho:'. o p:oQciau:v-, cc fimvic . "410 Conotitution a, id amorr:L Lawn of tho Ctata of California tahall be applicable ble ira all csaaes nriaL-4 otistaido of the provisions of the tea ar-w Cou2`a.0 >'or.' W,e {;iY'-Ming or teralm. tion Of f rrts'leh1008. 2: Zndeterminv :r nc:zi:aeta. ?Il:it}tns lir '.t frwana?zissea n;?w aloo be j ranted, aubjeet a.mrapa to the r1rht of the City at c ny time marl upon six montais' notice In writiae, to r.c. uir.e and poaere m t1he ;lro;y@rt,y of the rx tntee. =uixr;i 3s lilf;hta bf t%,- City. All grants, renocralss ex- V? r lono or m3endnenta of publio utility frnnohicoo, whethor so provided in this on1liume or not, a:u_ll be subject to $tie f ol.i.o:vlrLr rlrhto of tho City Inr.ofar ac the City has the power so to dot 1. To forfeit by or d$.rmna.e at w? tim for non-me, or for fAlure to becin conat-ruction ulwaln the time preacribedg or c)L%. -r vlolation of yhe t ernc o; tha franohlaei a*,V f ranohisae -ere toPore or hern,StGrgranted; .. 30 v 2. 'L'o n��qu.,.ro prcr,aer and adequate extension o- plant and >e:vice, and t2io maintgnance of the plant and futures at tie :aisle:t prt otic:a.,>'{a atarOnrd of eAficiencys 3. O MCJI ate the rtAce turd charCca of r---U publio utilitieu uncln:. Ito aurlodictiona 4. To etstabl.inh reasonable rtsandr-rds of service and quality of produetn read prevent unjust dio-orinination In coa-ien or rateka, 5. ?'a requiro Cr ntoen.of frnji;-hlacs to furnin,111 anon r.-,n le€?t of +h, , City Cwnj ll, batZViorltzee b.7 re nolutl;An, nuah information and reca- M,n n1PttI V,, to rates, service, vnlue, of pro,>ertJ, revsnueo avid ox?enaes, and other related mattor as the said Council W ;i;a,sorsalay require for Uaa purpone of investigAIII- on or reo -nnclitlon conoernInG the operations of t2a Snanteei J� 15. To 9 oae such othor re-_u .ationc ar W be aon uolvo to w,.) ctafety, ':plf 7rn ace,<,,=.odn tion of the public. "w)iV frknnlairs or privilege to conotr°uot or o pernte ntniet, t ubur:xtn or railroads along, upon, over or un-:er tiny s4..roo , or otht.r public place, or to ley or plaoc pipen or conoluito or to erect poles or ieAlVs or othor atrueturac In, upon, over, undor or e10--Z sM street, hiCIratay or other rn.blics phase in thh CIV, for deny raarpose whatever, oli<^11 ve C,rtantr-d upon trice conditions in t`' s Article provided tan:'- not otherwine, nni! no -Xwoon, ftrm, corpor.1tlon or authority olaf;li evor nxeroi€a tratir frsnc;hine or priv3.:eCe mentioned in thin Article except Insofar tae he or, it niq te entltled to do, so by czL~ect .=.rut joj Ity of w:e Cunc'titatlon o" Cz,alfornla or the Conati— tution or lwas of the i1;alteu 3tatco, In, tipon, over or along any ctroot, 111(F,way or other pulbl.io place it7 ttiw City unless he or It c all her etoforc h ava obtaai jed a Grt,nt tht:retor in accordance 31 wlva th-; i aw in force at the tl:ae of said ant, or s32'ral hexle.qfter obt In n CX atnt therefor In acco_-*ince with the ;.revIsiona of Viin of thin u garter. a; Enttablibaira`;nt of :'u'bllc li till'.ioc. 1117ze City rmy ontn.bl Inh, £to(pir e, lence rjv:Vow r pnr te, or cease to o-)cOn to nnrl dlw)'on o of -A.011o 11titition end q.0 ol-pubiio tttll ltiQc, at Itn om option in *sv npiv ier provided by t1w lame nov exlet ng or ttf renftrr onzacted, or bg 'Whe rwjority vote of Vn,, rerlatered qw-lifled riectora of Vin City in the r-fanner `?r"oviC:ec,11. by ordlivnvnoa enr:.oted by thf3 r:otItIC12, by the nf.'in.,, tive vcot q of row C'.onl_irn o?, nuv: ii Guinn{?21. AQU anE nd- nentn o:" such or;lmmnoen ean.l { r.1it're a like vote. In cuoh or(Il av toci_`• the Cotmetl n3,_y define 1-haw are ;'z!'.-lic utilities wid rz.tz+si-^ubJ is 11tia3 tier. In nubllo, ut!.11'Giev rjid otLZ01-�zz lla uti?Itien ¢.sae City rk%.r nwrob-swe the r_mxle Mrbject to exlatLu; i>ond is iues wid othor o? Lli �fjtior_a thorcof, whet!ier necu:^ed b7 rortr7 res or tzract do-dra vr i;:ct "waa proTpery of Buell uttll.itiaf, or :mot, and 1wy a^ r�-ic.. x-y cuc". o'a�.i , tionf tx part of ` v! ptxc_-hase prico. 1L271(7,1.X1 XV. ''icrolllar�:otz r; l s Claims. Ito gait. chal.l be brouGht on any alert for nant,y or dpvt— o atr inat the City of Mult1Wton Beach, or any o*"iCar or aominnion of thC City, until n demrxd for tlzet €:ar.x h, a teen prf sentad to the Vltsr '-lowlell aj3 , rejected In whole or In part by Lhe Clt r CO Mall. If' rejected in part, suit x.V be b-;-ntdat to rceov,!r t v, .>hole. Mxoopt In thorsa oases whera a shorter p riod of time Is n.-ovidad by lair, dU for evina-rflo r.-;:.i!zczt t.as city raur;t be resented wlth= six (5) aon-whs aftar Qv orcurranae fro"a -.vich the dear; nraee, nncl r,,11 ottv-r cl aiva for damwec o3uAl be preconted 32 .. within six (6) months after the last item of the account of claim is approved. SECTION 2: If any pection 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 any other section or part of a section hereof. SECTION 3: This charter shall take immediate effect and be in full force from and after the time of its approval by the Legislature of the State of California. - 33 ® I o do furthor certify and declare that the foregoing constitutes a full, trua and correct statamt of tho actions toad procooLngs Lad by the City of Hunt- ington Beach auu the City Cowici], of said City, in the matter of the fr:aring, proposal and submission of said proposes: clartor for the government of tiro City of Hunt- ington Leach, and in tho callin,,, voting upon and con- vassing the returns Anti doolaring the result of said olootion.. IN 'r5Z1 ity35 *#'1-TE,1UOF, we have, hereunto set our hands and hereto affixed the seal of said City of Ifunt- in_—ton Beach, this clay of 11y, 1937. 1;ayor or the City of .Iuntitgton Beach, California (3HAQ City Clor'. of the City of Hunt- inE.;ton Beach, California City Charter ,Amendments I'heyhysicaCfiCe may contain, the orig inals) of, f or exadmw�pCe, y--droposed amendments, yubttc hearing notices or bookCets, but t"'n aCCcases they are exact dup licates of this eCectronicfiCe.