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HomeMy WebLinkAboutCharter and Penal Ordinances 1 �i 4 �o charter and l wrain !:1 1!; OF THE city of r. �4 r1untinoton beach 1, t Orange County a California January, 1940 ® 1. Compiled and Codified by D. G. Wettlin under the direction of City Attorney Ray H. Overacker and w City Clerk 'Charles R. Purr. Published by the City of Huntington Beach, Caifornia, as a ` Report on Project No. 65-1-07-135, conducted under the y auspices of the Works Projects Administration. i ;1 Printed and Bound by the Huntington Beach News. -e- fix their respective duties, powers and compensations. 2rs The Council may appoint any 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 `-on ,r_ be in conflict, or the holding thereof by one person to be contrary to :he good public policy. If an elective officer of the City under the of authority herein given, be appointed to hold any appointive- office tly created herein, or created by ordinance as herein provided, he shall be entitled to receive as such appointive officer the salary or com- :ed pensation attached to such appointive office in addition and without ia- regard to his salary or compensation as an elective official; provided :nd the duties of such appointive ppointive office are not such as he would reason- ably be required to perform as such elective official. All elective the and appointive officers shall be provided with a copy of the Charter di- of the City of Huntington Beach. )ve ind Section 2. The City Clerk, and City Treasurer shall be elected °ull from the city at large and shall hold office for four years and until :of. their successors are elected and qualified. All other officers shall iey be appointed by the Council and shall hold office at the pleasure of or the Council, unless otherwise provided by ordinance. Section 3. Mayor. The mayor shall preside at the meetings of of the City Council, and in case of his absence or inability to act, the ct- City Council shall appoint a mayor pro tempore, who shall serve only ich until such time as the mayor returns and is able to act, and who for the such period shall have all of the powers and duties of the mayor. The mayor shall have the power to make or second any motion and the to present and discuss any matters, notwithstanding the fact that the ect mayor is the presiding officer of the council. In the case of the ab- of sence 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 mem- bers of the City Council city clerk pro tempore. The mayor shall ;ift, sign all warrants drawn on the City Treasurer, and shall sign all hin written contracts and conveyances made or entered into by said city. er- The mayor shall have power to administer oaths and affirmations, the to take affidavits and to testify the same under his hand. The mayor as is authorized to acknowledge the execution of all instruments execut- :his ed 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 va- be cancy. as Section 4. Chief of Police. The Chief of Police shall be the head "ity of the Police Department of the City of Huntington Beach and shall nce have all the powers that are now or may hereafter be conferred upon --id- sheriffs and other peace officers by the laws of the State of Cali- .di- fornia. It shall be his duty to preserve the public peace and to zay suppress riots, tumults and disturbances. His orders shall be prompt- _�u_ ly executed by the police officials, or watchmen of the city, and every ;ay citizen shall lend him aid when requested for the arrest of offenders, VII the maintenance of public order, or the protection of life and prop- erty. He shall execute and return all process issued to him by legal authority. He 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 Department. 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 accord- ance with the provisions of this Charter, and subject to the approval of the City Council. Section 5. City Assessor. There shall be a City Assessor, of which office the City Clerk shall be ex-officio 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 assess- ment of all taxable property within the City of Huntington Beach, owned or possessed by any 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 i next 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 violation 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 give his advice or opinion in writing when- ever 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 office as the Council may re- quire of him. He shall receive as compensation a salary to be fixed by ordi- nance or resolution and he shall receive in addition thereto such reasonable additional fees or compensation as the City Council may allow for suits or poceedings before any court, board, tribunal, officer or commission in which he has been directed by the Council to act or appear and also when allowed by the council extra compensation VIII 1. i 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 com- pensation 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 resolution shall prescribe. Section 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 warrants 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 bank 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 ordinance 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 City 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 ordinance or resolution pre- scribe. The City Clerk shall have the custody of and be responsible for the corporate seal, and all books, papers, records, contracts 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, respectively, he shall record all ordi- nances 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 adminis- ter 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 pre- IX scribed by this charter, or by resolution or ordinance of the City Council. Section 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. He 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 possession. Upon receipt of any tax list he shall give his receipt therefor to the auditor, and shall, upon delivery to the auditor of the delinquent 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 auditor. He shall be charged with and indebted to the City for 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 ressolution. Section 10. Auditor. No one shall be eligible for election 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 ac- countancy and bookkeeping. The auditor shall be the general ac- countant 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 else- where in this charter or as may be prescribed by resolution or ordi- nance. 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 next 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 I ' acceptable to fill said office and who will accept the same. Section 12. City Engineer. The.City Engineer, by virtue of his office, shall until changed by ordinance also be Street Superinten- dent, and Building Inspector, and shall be appointed by the City Council and shall be a civil engineer licensed in the State of Calif- ornia 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 I' X 1 j ; li 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. f i He shall have all the powers and perform all the duties imposed upon him by this Charter, the ordinances of the City of Huntington 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 belonging to the city pertaining to his`office and the work thereof; all of which he 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 mem- oranda 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 Huntington Beach. Said City Engineer, Street Superintendent, and Building Inspec- tor may appoint such assistants, deputies, clerks, stenographers and other persons at such salaries or compensation as the City Council by ordinance or resolution shall prescribe to assist him in either his capacity as City Engineer, Street Superintendent or Building In- spector. As Street Superintendent, subject to the provisions of this Char- ter. 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 unobstructed, of streets, sidewalks, alleys, lanes, courts, bridges, viaducts 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, gar- bage 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 oper- ated public utilities enforceable by the City, except as otherwise pro- vided in this Charter. He shall have charge of the cleaning, sprink- ling and lighting of streets and other public places; the collection and disposal of garbage and waste; and preservation of all contracts, papers, plants, tools, machinery and appliances belonging 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 otherwise 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 designed by ordinance, and as Building Inspector, he shall pos- XI sess such powers as are designated by ordinance. Section 13. Fire Chief. The fire chief of said city shall be the head of the Fire Department of said City and, subject to the con- trol of the City Council, shall have general supervision and man- agement 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 charged 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 em- ployees 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 by ordinance 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, ex- cepting 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 sur- render to his successor all property, books, papers and documents j that may come into his possession as such. The premium or charge for all official bonds of all officers and j employees of said City required to give bonds, either by this Char- ter 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 em- ployees required by ordinance so to do, shall submit monthly finan- cial reports to the City Council in writing, which said reports .shall be permanently filed with the 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 having 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 y an time with reference to any condition relating to the affairs of XII 1,I CITY OFFICIALS M. M. MCCALLEN MAYOR COUNCILMEN A. W. MOREHOUSE L. S. CHAMNESSS T. B. TALBERT A. L. HENRICKSON CHARLES R. FURR ............................................................ CITY CLERK LUTHER. A. ARTHUR .......................................... CITY TREASURER RAY H. OVERACKER .............................................. CITY ATTORNEY HARRY A. OVERMYER ............................................ CITY ENGINEER H. L. GRANT ..............................._........................... CHIEF OF POLICE CHARLES P. PATTON ..................... CITY JUDGL J. K. SARGENT ...............................•----•-•---•--.................._.... FIRE CHIEF IN APPRECIATION Sincere appreciation is hereby expressed to David G. Wettlin, under whose able direction this project has been completed, and to Theodore H. Hopkins, first assistant to Mr. Wettlin. Special credit is due Mr. Fred P. Jayne, Project Co- ordinator; Mr. William A. Woodruff, Senior Inspector, and to the Project workers who typed and checked the ord- inances and other records. CHARLES R. FURR, City Clerk. _LCL FOREWORD .N The City of Huntington Beach was incorporated February 17, 1909 under the general laws of the State of California. It existed as a city of the sixth class until 1937 when the present "Home Rule" Charter was adopted. The Charter was prepared and submitted to the voters by the City Council under the alternative provisions of the 1936 amend- ment to Section 8, Article XI of the Constitution of the State of California. Prior to that time a charter could be drafted only by a Board of Freeholders elected for that purpose. Cities governed by "Home Rule" Charters are free from legis- lative control in their internal business termed "municipal affairs", while the powers of General-Law cities are subject to be altered or repealed at any session of the State Legislature. i The Constitution provides as follows: I "It shall be competent in any charter framed under the au- thority of this section to provide that the municipality governed thereunder may make and enforce all laws and regulations in re- spect to municipal affairs, subject only to the restrictions and lim- itations provided in their several charters and in respect to other matters they shall be subject to general laws." The powers of the City are set forth in Article III of the Charter. These powers may be specifically enumerated or may be set forth in general terms. The term "municipal affairs" is difficult to define, and the Courts of our State have stated that a clear, general definition is impossible. They have adopted a method of exclusion and inclusion that is, holding the particular power in question was or was not a municipal affair. The following have been held to be municipal affairs: Municipal taxation, license tax for revenue; municipal elec- tions, manner of enacting ordinances; improvement districts, the manner of issuance of bonds, organization and maintenance of po- lice and fire departments, and other similar functions. Charter provisions covering municipal affairs govern, even though they may conflict with State Law. This, the third compilation of the Ordinances of the City of Huntington Beach, contains the "Home Rule" Charter, including its first amendment, and the ordinances now in effect. RAY H. OVERACKER, City Attorney. i i CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA ARTICLE 1—Name and Succession Section 1. The municipal corporation now existing and known as the "City of Huntington Beach," California, shall remain and con- tinue a body politic and corporate in fact and in law by the name as at present of "City of Huntington Beach," and by such name shall have prepetual 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 inter- est to the municipal corporation of the same name hereinbefore cre- ated and existing, shall have, own, hold, possess, control 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. Section 2. The City of Huntington Beach shall have the right and power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations set forth in this Charter; provided that nothing herein shall be construed to prevent or restrict the City from exercising or consenting to, and the City is hereby authorized to exercise any and all rights, powers and privileges heretofore or hereafter granted or prescribed 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 belonging 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 XI of the Constitution of the State of California giving Cities Home Rule as to municipal affairs. Section 3. The City 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 ex- I ercise under the Constitution of this State whether in municipal af- fairs, 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 com- petent for this Charter to set forth specifically or particularly; each and every power whether in municipal affairs, proprietary matters or otherwise which any municipal corporation in this State may now or hereafter lawfully possess or exercise, is hereby given and grant- ed to the City of Huntington Beach,and by this reference thereto each and every such-power shall be deemed to be herein specifically and particularly- 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 limitation upon the powers hereby granted, or as exclusive of any of the powers herein granted or incorporated herein by reference. Section 4. Extent of municipal jurisdiction. The municipal jur- isdiction of the City of Huntington Beach shall extend to the limits and boundaries of said City. ARTICLE IV—Elections Section' 1. The members of the City 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 provis- ions of this Charter, shall be the same as those prescribed by the general laws of the State for the qualification 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 end elector thereof for at least one year next preceding his election or appointment. Section 4. l Election Authorities. All elections provided for by this Charter;whether for choice of officers or submission of questions to-the voters, shall be conducted conducted in accordance 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 election pre- cinct shall be filed with the City Clerk"and shall be canvassed by the City Council at the next regular meeting of such 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 II I 4 pal af- person elected thereat, and serve the same personally or by mail on ;es and each such person. nd the by the Section 6. All elective officers holding office when this Charter e corn- takes effect shall continue to hold office and exercise their respective ,; each offices until the expiration of the term to which they were originally natters elected and until the election and qualification of their successors, iy now and said officers shall be. entitled to re-election. All other officers grant- and employees in office or employed shall continue to hold office and ',o each their respective positions and to exercise their respective duties and ly,and employments until they may be removed as in this Charter provided, in any or the election or appointment and qualification of their success- ieemed ors. er;and Section 7. Within not more than sixty (60) days, nor less than oil:the thirty (30) days, after the approval of this Charter by the Legislature herein of the State of California, the City Clerk shall call an election to fill the additional offices made elective under this Charter and the offic- al jur- ers so elected shall hold office for the full term as in this Charter limits provided, and until their successors are elected at a general munici- pal election and qualified. ARTICLE V—Legislative Power elected Section 1. All legislative powers of the City shall be vested, ,eneral subject to the terms of this Charter and of the Constitution of the State of California, in a City Council, except such legislative powers Aor at as are reserved to the people by this Charter and the Constitution of )rovis- the State. )y the Section 2. Council. The Council shall be composed of five (5) eneral councilman including a mayor, and shall be the legislative body of City the City, each of the members of which, including the mayor, shall erning have the right to vote upon all questions before it. The members of the City Council shall be elected as in this Char- to or ter provided, and shall hold office for four (4) years and until their tment, successors are elected and qualified. t least Any vacancy occurring in the Council shall be filled by the re- maining councilmen, but in the event that said remaining councilmen or by fail to fill such vacancy by appointment within thirty (30) days after >stions the vacancy occurs, they must immediately cause an election to be aneral held to fill such vacancy; provided, however, that any person ap- • the pointed to fill such vacancy shall hold office only until the next reg- • the ular municipal election, at which date a person shall be elected to when serve for the remainder of such unexpired term. In case a member of the Council is absent from the City for a pre- period of sixty (60) days, unless by permission of the Council, his )y the office shall be declared vacant by the Council and the same filled as ` :r the in the case of other vacancies. Section 3. Meetings. The City Council shall meet on the Monday :?ared next succeeding the date of the general municipal election. Each cYicial newly elected member of the City Council before entering upon his ,,very duties shall take the oath of office. At said meeting the City Council III F 3 shall choose one of its number to be Mayor. The City Council shall t hold regular meetings at least once in each month at such times as it shall fix by ordinance or resolution and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment, and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meeting may likewise be adjourned and when so adjourned shall be a regular P 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 Council shall be a validly called special meeting, without the giving of such written notice, as above provided, if all members of the City Council shall give their consent in writing to the holding of such meeting, and such consent is on file in the office of the City Clerk at the time of holding such meeting. A tele- graphic 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 shall be limited to matters referred to in such written notice or writ- ten consent; all meetings of the City Council shall be held within the corporate limits of the City at such place as may be designated by ordinance and shall be public. In the event that any order of adjournment of a regular meeting fails to state the hour at which any adjourned meeting is to be held, such adjourned meeting may be validly held on the day specified in the order of adjournment if held at the hour set forth in the ordi- nance or resolution prescribing the time for regular meetings. Section 4. Quorum. At any meeting of the City Council a maj- ority 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 adjourn- x ed 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 4 notice of such adjournment at least three hours before the time to which said regular or any adjourned regular meeting has been ad- journed. Section 5. Council Rules. The City Council shall judge of the qualifications of its members and of all election returns, and deter- mine 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, the City Clerk shall call the roll and shall IV I 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 prescrib- ing a fine, punishment or penalty, or granting 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 Char- ter, 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 conven- ient and proper to carry out the powers and purposes of the City of Huntington Beach. ARTICLE VY—Legislative Procedure Section 1. No ordinance shall be adopted unless the same shall have been introduced at least five full days, excluding 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 con- stituting 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, ordinances re- lating to elections, ordinances relating to bond issues, ordinances relating to street proceedings, ordinances as in this Charter other- wise 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 vote of the electors shall take effect at the time indicated therein, or if no time be speci- fied then thirty (30) days after their adoption. An emergency measure is an ordinance to provide for the im- mediate preservation of the public peace, property, health or safety, V \_ e in which the emergency claimed is set forth and defined in the pre- amble thereto. The affirmative vote of at least four (4) members of the Council shall be required to pass any ordinance as an emer- gency measure. No measure making or amending a grant, renewal or extension of a franchise or other special privilege shall be passed as an emer- gency 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 book kept for that purpose; shall be authenticated by the signa- tures 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 ordi- nance shall not be made within said period of ten days hereinabove 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 meeting or adjourned regular meeting of the City Council. Section 8. Ordinances and resolutions are the formal acts of the City Council reduced to writing and passed under legal restrict- .ions 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 minutes. 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 2 California under which they, or it, was inacted. Section 10. The power of the City to acquire by purchase, gift, 9 bequest or devise or condemnation, or by any other means, within or without the boundaries of said City, property both real and per- sonal shall be exercised in accordance with the provisions of the general laws of the State of California as the same now exists 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 Section 1. The officers of the City of Huntington Beach shall be five members of the City Council, one of whom shall 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 I be ex-officio Building Inspector and ex-officio Street Superintend- LL ent, a City Judge; a Chief of Police, a City Attorney, a City Audi- tor, a City Collector and a Fire Chief; provided, the Council may a by ordinance provide for such subordinate officers, assistants, depu- ties, clerks and employees as they may deem necessary and may { VI u i � said City of Huntington Beach or any officer or employee connected he therewith, as to any matter or condition upon which said council may require a report concerning the affairs of said City. ,n- m- 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 'm appointed, or an ordinance providing that the appointive officers, or any of them, shall thereafter be elective officers; provided, that the provisions of the initiative shall apply hereto. he re In the event the elective officers, or any of them, are made id appointive, then at the expiration of the terms of office of the then a- incumbents of such offices, or upon the occurring of a vacancy in its such offices, the offices shall be filled by appointment by the City Council and the officers so appointed shall hold office at the pleas- ure of the Council, or for such term as may be provided in said al ordinance. In the event appointive offices are made elective then or said office or officers shall thereafter be elected for a term of four .h (4) years at the next regular election or at a special election, when said ordinance so provides; in the event the offices are filled by a le special election the term of office shall date from the nearest gen- ,z eral municipal election; provided, however, that where an appoint- ive officer is appointed for a definite term, his successor shall not ,.e be elected until the expiration of said term. ARTICLE VIII—Commissions, Departments and Bureaus 11 Section 1. Planning Commission. A City planning commission y may be created by ordinance and in such case said city planning s commission shall be vested with all the powers and shall discharge the duties as prescribed by such ordinance. s Section 2. Health Department. A City Health Department may be created by ordinance or resolution and in such case such city 3 health department shall be vested with the powers and discharge the duties prescribed by ordinance or resolution, or the City Coun- cil may in lieu thereof arrange an agreement with the County of Orange by which the City and County Health Departments may be consolidated. i Section 3. Public Library. A public library or libraries for the City of Huntington Beach shall be maintained and managed in ac- cordance with the provisions of the general laws of the State of California as the same now exist or as they may hereafter be amended. Section 4. Other Agencies. Creation and designation of the pow- ers and duties of other boards, departments, commissions and agen- cies shall be within the discretion of the said City Council to be manifested by way of ordinance. 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 XIII 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 Consti- tution and the laws of the State of California. Sectiorl' 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 with- in thirty (30) days after the effective date of this Charter Amend- ment the three members of the Board of Education shall appoint the two additional members to serve until the next succeeding 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 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 Edu- cation shall be filled by vote of the remaining 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. i 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 Justice's Courts, of all ac- tions and proceedings, civil and criminal, arising within the cor- porate 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 I 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 �6 with like effect as in cases of appeals from Justice's Courts. Section 2. The City Judge shall have the powers and perform XIV I )y the duties of a magistrate. He may administer and certify oaths of and affirmations. Section 3. In all cases in which the City Judge is a party, or he in which he is interested, or when he is related to either party in -i- 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 Of in the County of Orange, to act in his stead. st id Section 4. A Justice of the Peace shall not be disqualified from >n holding the office of City Judge. ie-e Section 5. All fees and fines received or collected by the said :)f Court shall be the property of the City of Huntington Beach and te shall be deposited with the Treasurer at least once each week. 1- Section 6. The City Court shall have a seal bearing the in- !- z scription "City Court, City of Huntington Beach, California." it g ARTICLE X—Publie Work, Materials and Supplies and 1; ` Emergency Expenditures e Section 1. In the construction, erection, improvement and re- pair 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 city and in f the purchasing or acquiring of any supplies, 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 responsi- ble bidder after notice of publication in the official paper of said city given by publishing such notice by two consecutive insertions in such 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 general charac- ter 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 pre- sented and may re-advertise in its discretion. Further, after re- jecting 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 mar- ket, 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 pur- chased in the manner stated without further observance of the pro- visions of this article; provided further, than in case a great pub- lic calamity such as an extraordinarly 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 safeguard life, health or property, and thereupon it may proceed to expend or enter into a contract involving the XV 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 general circulation printed and pub- lished in said City. Said contract shall include the printing and publishing of all such 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 ad- vertise 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 all such cases the particular laws applicable thereto shall be observed, otherwise the provisions of this Article shall be fol- lowed. 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 inconsistent with the pro- visions of this chapter. Nothing herein shall prevent the City Coun- cil 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 consti- tute liens on the property assessed; and every tax upon personal property shall be a lien upon the real property of the owner there= of. 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 execution and delivery of all necessary certificates and deeds therefor, under such regula- tions as may be prescribed by ordinance, or by action in any court of competent jurisdiction to foreclose such liens. Any real property sold for such taxes shall be subject to redemption within a re- demption 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 pro- Visions of this chapter shall have the same force and effect in evi- dence as is or may hereafter be provided by laws 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 exe- cution levied against all property of the delinquent. The judg- ment 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 every tax whether now existing or hereafter attaching shall i cease to exist for all purposes after thirty years from the time said tax became a lien; and every tax whether now existing or XVI I 1) event hereafter attaching shall cease to exist for all purposes after thirty hinted years from the time said tax became alien; and every tax whether prior now existing or hereafter levied shall be conclusively presumed to bids, have been paid after thirty years from the time the same became to be a lien, unless the property subject thereto has been sold in the pub= manner provided by law for the payment of said tax. and year. Section 2. The City Council shall meet at 7:30 P. M. on the elation second Monday of July of each year, and sit as a board of equali- shall zation, and shall continue in session from day to day until all the •inting returns of the assessor have been rectified. It shall have power to .o ad- hear complaints, and to correct, modify, or strike out any assess- ment made by the assessor, and may, of its own motion, raise any assessment, upon notice to the party whose assessment is to be 4rued raised. The corrected list for each tax shall be the assessment roll pplies for said tax for said year. It shall be certified by the City Clerk, �reby, who shall act as clerk of the board of equalization, as being the shall assessment roll for said tax, and shall be the assessment roll upon fol- 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. shall rnent, Section 3. Special Taxes and Bonds: Whenever the Council pro- shall determine that the public interest demands an expenditure `oun- for municipal purposes which can not be provided for out of the State ordinary revenue of the City, it may submit to the qualified voters s by at a regular or special election, a proposition to provide for such rtage expenditure, either by levying a special tax, or by issuing bonds, nsti- but no such special tax shall be levied nor any such bonds issued., ;onal unless authorized by the affirmative votes of two-thirds of the elec- tere- tors voting at such election. No bonds shall be issued to meet cur- the rent expenses. ty a very The proceedings for the voting and issuing of bonds of the City ula- shall be had in such a manner and form and under such condi- ourt tions as shall be provided from time to time by general laws. erty ARTICLE XH—Consolidation and Annexation re- Section I. The City of Huntington Beach may consolidate with the an other contiguous any y municipal corporation of the State of Califor- nia, under and pursuant to the provisions of any laws of said state )ro- which may be applicable to the consolidation of such municipal �vr corporations at the time thereof; provided, however, that no such for consolidation, in or by which the said City of Huntington Beach assumes any part or portion of any outstanding or authorized ),nd bonded indebtedness of such other municipal corporations, shall xe- ever become effective or be consummated for any purpose what- 3g- soever, unless and until at least two-thirds of the qualified elec- aid tors of said City of Huntington Beach, voting at such consolidation the election, shall have voted in favor of such consolidation, and in [all favor of making the property within said City of Huntington Beach, :'re after such consolidation, liable or subject to taxation with the or property in said other municipal corporation for the payment of XVII I 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 uninhabited territory or inhabited territory, or both, in accordance with the General Laws of the State of California relating to the annexa- tion of uninhabited territory and inhabited territory in cities of such State. ARTICLE XIII—Initiative, Referendum and Recall Section 1. The laws of the State of California providing 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, referendum 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 per- sons appearing upon any initiative, referendum, recall or other pe- tition or paper, requiring the signatures of qualified electors of said city, with the registration of electors of said city as shown on current records of the registration of electors of the County of Or- ange, California, and shall make a report for the information of said council as to the sufficiency or insufficiency of any such pe- tition 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 reason- ably 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. ARTICLE XIV—Franchises 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 per- sons, firms or corporations, upon such terms, conditions, restrictions or limitations as may be prescribed by the Council by.Ordinance, i but no franchise shall be granted without reserving to the City ade- quate compensation for the privilege conferred, nor shall any;fran- chise be granted for a longer period than fifty (50) years. 'Provid= ed, 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 members, provide a method of pro- cedure whereby franchises may be granted, forfeited or extended, XVIII i er subject to the limitations elsewhere contained in this charter, and from time to time in like manner change the method of procedure in so provided. The Constitution and general laws of the State of of California shall be applicable in all cases arising outside of the pro- visions of the ordinances of the Council providing for the granting or termination of franchises. 'd Section 2. Indeterminate Francises. Indeterminate franchises 7Q 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 A 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 ar the ordinance or not, shall be subject to the following rights of the t, City insofar as the City has the power so to do: 1. To forfeit by ordinance at any time for non-use, or for it failure to begin construction within the time prescribed, or other h violation of the terms of the franchise, any franchise heretofore or hereafter granted; 2. To require proper and adequate extension of plant and f service, and the maintenance of the plant and fixtures at the highest practicable standard of efficiency; i 3. To regulate the rates and charges of all public utilities i under its jurisdiction; 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 information and records relating to rates, service, value of property, revenues and expenses, and other related matter as the said Council may reas- onably require for the purpose of investigation 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 un- der any street, highway or other public place, or to lay 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 othemmise, and no person, firm, corporation or authority shall ever exercise any fran- chise or privilege mentioned in this Article except insofar as he or it may be entitled to do so by direct authority of the Constitu- tion 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 XIX J 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 es- tablish, acquire, lease and/or operate, or cease to operate and dis- pose of public utilities and quasi-public utilities, at its own option in the manner provided by the laws now existing or hereafter en- r acted, 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 affirmative vote of four members of such Council. All amendments of such ordinances shall require a like vote. In such ordinances 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 exist- ing 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 obligations as part of the pur- chase price. 4 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 provided by law, all claims for damages against the City must be presented within six (6) 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 i the account of claim is approved. fSection 2. If any section or part of any section of this charter ° proves to be invalid or unconstitutional, it shall not be held to i 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 Legisla- ture of the State of California. i a i F XX p . City Charter .amendments T'hey",-hyst"caCfile may All .of contain. the ortgtnaC(s) of, for examyCe, yroyosed amendments, public hearing notices or booklets, but in aCCcases they are exact dupCicatss of this eCectronicfiCe.