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Proposed Charter Amendment 2, City Election of November 2, 1
rtts�r ll� t t �I+ p 1 t Y4 �n 42 t ! v�' eta t. t � + r4 � �'•,� `C 1 ( Y• >'. Y S! Y 4 n'';c it r � ,.r x ;r 1�' rl r�IF � t�,.:{ �wt • .` I. .�.�� Er" r r 3:`N {(fit t - INDEX CHARTER AMENDMENT NO. 1 DEPARTMENT OF PUBLIC SERVICE Section 1.* Creation and Jurisdiction of Department...............2 Section 2. Department to be Self-Sustaining .................. ........2 . Section. 3. Creation of Board of Public Service Commissioners - ............................................ =-----3 Section 4. Department Officers ________________ ......................-4 Section 5, Jurisdiction and Powers of the City Council::-------5 Section 6. When Department to Acquire Jurisdiction of Works -------- - 5 Section 7. Powers of Department ..__.._....._ -_ ----------------=-6 Section 8. Powers of Board = _--__- ___ Section 9. Powers and Duties of General Manager---------------9 Section 10. Powers and Duties of Other Officers __..._:..............9 ` Section 11. Revenue Bonds and Referendum Thereon ......____10 - Section 12. Funds ------------ -- Section 13. Investment -of Funds ------------------------------------------------ll� Section 14: Accounting and Budget ----------------------........... --------13 Section 15. Separate Units ----------------------- ...... .................14. . Section 16. Duty to Maintain Adequate Rates cmd to Perform all Covenants -------------------------_-------------- -_14 Section 17. Interchange of Personnel and Property ___.:-_ -----14. Section 18. Transfer to Other Funds ---------------------------- - Section 19. Application.of Surpluses -_____ ...............----- ---MI5 Section 20. Contracts S Section 21.1 Oaths and Bonds of Officers card Employees 16 Section 22.-= Monthly. Reports 16, -- Section 23. Annual and Specral Audits _*- I6 �. Section 24. Claims __ ° _ 16 :. = __ & - Section 25. Effect of Other Charter-Pravrsians y 16x t x f- CHARTER AMENDMENT NO ---------------- Authorizing appointment of judge,pro tempore, :pro- �F viding for continuance of`cases:in absence of judge, and for judge's clerk , x � Page 2 CHARTER AMENDMENT NO. 1 _ That the Charter of the City of Huntington Beach be amend- ed by adding a new article thereto, to be designated Article VIII-B, and to read as follows: - ARTICLE VIII-B DEPARTMENT OF PUBLIC SERVICE- Section 1. Creation and Jurisdiction of Department. There. shall be a Depdrtment of Public Service Chereinafter in this Article designated as the "Department"); and all revenue pro- ducing works, undertakings„ enterprises and utilities .(herein- after in this Article referred to as "works") of the City shall be under the full, complete, and exclusive charge, direction and control of the Department from and after the time, or the re- spective times, which may be determined in accordance with the provisions of Section 6 of this Article. Section 2. Department to be Self-Sustaining. _:It is the in- tent of the people of the City, in adopting this Article, that all such works shall be .self-sustaining, and that, except 'as addi- tions, betterments or replacements to and of any such works may be paid for directly out of the revenues therefrom, such works shall be financed through the issuance of revenue bonds... Neither such revenue bonds,.nor the interest accruing thereon, . shall be, or evidence, indebtedness of the City., Such revenue bonds, and the interest accruing thereon, shall be a charge upon_ , such of.the revenues of the works on account of which-they are issued as by the terms of their issuance are so charged there- with, but shall not be a charge, lien or encumbrance, legal or equitable, upon, nor shall any recourse on account thereof be had against, any other income, receipts, revenues, funds, or other property of the City or of the Department, and neither the credit nor the taxing power of the City shall be deemed to be pledged to, or charged with, such payment, nor shall the holder of any such bond have any right to compel the exercise of such taxing. power. Nothing in this Section, or elsewhere_in this _ Article, shall preclude the issuance, v hen authorized by.two- ,. thirds vote.of the duly qualified electors of the! City Voting:upon the proposition, of bonds,of the City, for the purposes of°any such works, pursuant.to proceedings .therefor-taken'in accord z 4 once,with the Constitution and general laws of the State It'is, Wit: nevertheless, the intention of, this Article that all:principal and a ' interest accruing on such bonds of.the-City, if 'any, s}�arll_be =j E� provided currently.out of the revenue, fund pertdining tq the works-on account of which such bonds.of the City shall have been issued, so.far as it is practicable.to.make such provision x �` .. :.4 ... .. ._. } l 77_ 5 t. Page 3 cater the payment of all costs of operation and maintenance of said works and of all principal and interest on revenue bonds of the Department issued on account of said works, and that so . - far as such current provision is not practicable, the general funds of the City shall be reimbursed out of said revenue fund, as soon as practicable, for all monies paid from such general - funds on account of such bonds of the City. , If any such bonds. of the City shall be so issued for the purpose of any such works the expenditure of the proceeds thereof shall be under the.con- trol of the Department in the same,manner.as in the case of the issuance of bonds of the Department. Section 3. Creation of Board of Public Service Commission- ers. (a) There shall be a Board of Public Service Commission- ers (hereinafter in this Article designated as the "Board'). The Board shall consist of five (5) Commissioners, who shall be ap- pointed by the City Council,-*by motion or by resolution, for- •_ terms of five (5) years, beginning on the first day of July, and ending with.the thirtieth day of June, of the respective years,.ex- cept that-the first five (5) members shall be appointed as soon as practicable after the taking effect of this Article, for varying terms, all of which-terms shall begin immediately upon_such appointment and one of which terms shall end with the . earliest thirtieth day of June which is not less than one year af- ter such appointment, and the other four (4) of which terms ' shall end, successively, on the thirtieth day of June of each of the four (4) years next following the vear in which the first of said terms shall end. After such original appointment of five Commissioners, one Commissioner shall be appointed each year, so that the term of one of said Commissioners shall expire' -with the thirtieth day of June of each year. The appointment for the term beginning on the first day of.July in-each year in which - a general City election "shall be held shall be made"after the members of the City Council.elected at that election shall have-' " been installed. At-their first regular meeting after the thirtieth day of June in each year the Board shall elect one of its mem= -_ hers to serve as President of the Board until the next succeeding such annual election. The .Board shall also. fill any-vacancy . in the office of President of the Board, and in the case of.the ab Bence of the President from any Board meeting shall appoint one.of its members as Chairman of that meeting. = yf (b) In the case of any vacancy on the board from whafev�r ': r a cause arising; such vacancy`shall be filled by appointment the City Council, for'the unexpired term of the Commissioner; ` , ��� " whose office has become vacant x E ers u , (c) .Every Commissioner shall be subject to removal from J City Co office by four-fifths.votd of all the members of the -� - t-. Page 4 provided, however, that such action shall be taken only at a regular meeting, or adjourned regular meeting, of the City Coun- cil, and that there shall have been served upon each Con mis- sioner proposed to be removed either a notice in writing given by the City Clerk, pursuant to not less than a majority vote of the, Gity Council, of the intention of the City Council to take such action, or a notice in writing signed by not less than three members of the City Council of intention to move that such action be taken. Each such notice shall state the date and hour of the meeting at which such action or motion is proposed to be taken or made. Action upon such removal may be taken either at the meeting.so specified or at any,regular adjournment there- of. Such notice may be served by personal delivery-not less than 10 days prior to the time of the meeting specified therein, or by depositing-the same in the United States Post Office at Huntington Beach, California, post-paid and properly addressed, not less thdm 12 days prior to such time. (d) The Commissioners shall receive no compensation for their services as such, but shall receive reimbursement for necessary traveling and other expenses when on official duty out of the City on order of the Board;and in addition shall each receive the sum of Five Dollars ($5.00) for each meeting of the Board attended, not exceeding Fifty Dollars ($50.00) in any calendar month to any member, which amount shall be deemed to be reimbursement.for out-of-pocket expenditures and costs imposed upon them in serving as Commissioners. Section 4. Department Officers. There shall be the fol- - lowing.Department officers, to-wit: General Manager of the Deparment of Public Service; _ Secretary of the Board of Public Service Commissioners; Controller of the Department of Public Service; Custodian of Funds.of the Department of Public Service; General Counsel.of the Department of Public Service; and Chief Engineer of the Departure* of Public Service; - (hereinafter in this Article referred to as the"General Manager," "Secretary," "Controller," "Custodian of Funds," 'G. eneraL Counsel,"_and "Chief Engineer," respectively). Each person cq> pointed to any such office.may be a person holdirig some other office, offices, position or positions in the Departme nt, or rn ;the City government but no person'shall hold any .offices or posi- t ong the duties of which are incompatible. No member of the f City Council or of the Board shall, during the.term lor whichie r shall have been elected.or appointed or within one year after 1 1 the expiration of-such term, serve.as such Department off rcer + The Department-officers shall serve.at the pleasure of the",ap- pointing power..: ti. Page 5 Section 5. Jurisdiction and Powers of the City Council. (a) The powers of the City Council respecting the Depctment ' shall be solely.legislative, and the City Council shall have no power to direct or control the action of the Board or of the De- . . partment officers in the exercise of their powers or the perform- ance of their duties, and shall not in any manner control or interfere with the policies of the Department, or its administra-. tion, but nothing in this Section shall prevent the Council per- forming those acts and things expressly provided for in this Article. (b) In accordance with the -provisions of the Constitution :)f the State of California and of this Charter, the City Council shall have the power, by ordinance, to make, and the-City may enforce, laws and regulations, consistent with the provisions of this Article, respecting the subject matter of said Article, to the same extent and with the same effect as, but to no greater _ extent nor with greater effect than, the Legislature of the State - could do with respect to cities which are organized under the Municipal Corporations Act. (c) Without limiting the generality of the foregoing pro- Visions of this Section, the City-Council shall have power— (1) to prescribe the,procedure for the issuance of rev- enue bonds pursuant to this Article; (ii) to determine what new revenue producing works shall be established or undertaken,.as more particu- ` larly provided in Section 6 of this Article, and (iii) to transfer to the Department the control of any land or property owned or controlled by the City, and not then under the control of'the Department, which may be required in connection with any works under the jurisdiction of the Department, and, in cases where the City Council may deem it appropriate, to require, as a condition to such transfer, the payment or'trans- fer from funds pertaining to the works for which such land or property is to be used to the general funds of the City of an amount equal to the value of such land or property, as found and determined by. the City. Council. . (d) The-powers of the.City Council V specified or refereed a to in this,Section shall be. exercised by ordinance, which shall be consistent with this Article and subject to the provisions,_re ! `strictions and.limitations contained therein,or elsewherem this- { y -Charter. Section 6. _D When` epartment to. Acquire Junsdiction of Works. (a) ,The.City Council shall:have the sole power-to de L� termine and designate from time to_time, by ordinance, what S Page r; - i new revenue producing works shall be established or under- taken by the City. From and after the taking effect of any such . ordinance, or from and after any later date which-mciy be fixed in said ordinance, the Board may proceed to undertake and establish such works, and such works shall be under the juris- diction of the department and it shall have full, complete and exclusive charge, direction and control thereof, and may exercise with respect thereto all the powers with which such Department is invested. (b) Such determination by.the City Council shall be only I as to the class or kind of works to be established or undertaken, and the pl=Ang, designing, location, and all matters pertain- ing to their establishment or undertaking, or to subsequent en- largements, additions, extensions, or replacements, other than the original determination to establish or undertake-works of that class, shall be under the exclusive control of the-Board. (c) Jurisdiction over any revenue producing-works of the City shall.not be transferred to, vested in or exercised by any department, board, officer or agency of the City,other than the Department of Public Service. (d) When any works have been placed under the juris- diction of the Department, pursuant to this Section, such juris- diction shall not be subject to termination, unless in a manner consistent with all provisions of this Charter, and.with all obli- gations which the Department has theretofore assumed to 'the holders of any bonds then outstanding, which have been issued on account of such works. (e) The City Council, in its discretion, in lieu of adopting any ordinance provided for in this Section, may submit to the qualified voters of the.City, at any election; the proposition of authorizing any action which might be taken by such an ordi-nance, and if such proposition-shall receive the favorable vote of a majority of the qualified voters voting upon,such proposi- tion, such vote shall have the same effect as if such ordinance - had been adopted and become effective. Section 7. Powers' of Department. (a) The Department i may,exercise every power which the City might or could exer- I cise under the Constitution of the State, and under.this Charter,, with.. ith respect to the acquisitfon (whether by purchase; lease, I`( hn eminent domain or otherwise),- construction, establishment, im- ';' provement, extension," maintenance, operation, or replacement a .:of any revenue producing works under its direction and control;' subject only to the limitations expressed in this Article. (bY Without limiting the-generality of subdivision (a) of. this Section- the Department'shall.have power ---------------- . r _ 1 ` Assembly Concurrent Resolution No.76 Adopted in Assembly May 5, 1949 ---------------f------------- ---- Chie Cle ca ssembl Adopted in Senate May 5, 1949 --------------------�k '� s� Secr5fary of the Senate This resolution was received by the Seeretary of State this _da 1 49 _ _ ' 1 cksL y of 9 ,at _�_ _o c o M. De pu ecre o State • f1 J r� i } Assembly Concurrent Resolution No.76 Adopted in Assembly May 5, 1949 ARTRM A. 01101 TUS -------------------------------------- Chief Clerk of the Assembly ,.I Adopted in Senate May 5, 1949 J. A. EEE -------------------------------------- ISecretary of the Senate This resolution was received by the Secretary of State this - 9 h --day of___bray_---_-, 1949,at--3.....o'clock-P-M. CHAS. T. HAGERTY -------------------------------------- Deputy Secretary of State — 3 — CHAP TER__I�d6 ,_ Assembly Concurrent Resolution No. 76—Relative to approv- ing amendments to the charter of the City of Huntington Beach, a municipal corporation in the County of Orange, State of California, voted for and ratified by the qualified electors of said city at a special municipal election held therein on the second day of November, 1948, Wrr EAs, Proceedings have been taken and had for the proposal, adoption and ratification of amendments to the char- ter of the City of Huntington Beach, a municipal corporation in the County of Orange, State of California, as hereinafter set out in the certificate of the mayor and city clerk of the said city as follows,to wit; CERTIFICATE OF RATIFICATION BY ELECTORS OF THE CITY OF HUNTINGTON Br=R OF A CERTAUT CHARTER AMENDMENT STATE OF CALIFORNIA County of Orange ss City of Huntington Beach We, the undersigned, Jack Greer, Mayor of the City of Huntington Beach, County of Orange, State of California, and John L. Henricksen, City Clerk and es-ofcio 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 corpora- tion 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, and in full compliance with the provisions of the City Charter and ordinances of said city and the law of the State of California with reference thereto,the City Council of the City of Hunting- ton Beach,being the legislative body thereof, of its own motion I f 4 _ did submit Charter Amendment No. 1 and Charter Amend- ment No,2 to be voted upon by the qualified electors at a special election called and held in said city on the 2nd day of Novem- ber, 1948, and regularly and duly ordered said election to be consolidated with the general election held on November 2, 1948, and the Honorable Board of Supervisors of the County of Orange were requested to order said election consolidated in all respects with said general election,and the said Board of Super- visors were authorized and directed to canvas the returns of said election and forward to the City of Huntington Beach a certified copy of the result thereof,and the said Board of Super- visors did order said election consolidated with said general ele ction. That said proposed amendments were published and adver- tised in accordance with Section 8 of Article XI of the Constitu- tion of the State of California, in the Huntington Beach News, a weekly newspaper of general circulation, printed and pub- lished in said city,and the official paper of said city.That copies of said proposed amendments were printed in convenient pam- phlet form and in type of ten-point and until the date fixed for the election hereinafter described, and 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 therefor at the office of the City Clerk of said city until the date fixed for the election hereinafter described. That copies thereof were mailed to each of the qualified electors of said city as required by law. That in accordance with the provisions of law with respect to consolidated elections said election was held in the City of Huntington Beach on the 2nd day of November, 1948, which day was not less than for v, nor more than sixty, days after the completion of the advertising of the Charter Amendments in the Huntington Beach News. That pursuant to the law in such cases made and provided the said proposed amendments were 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 one of the proposed amendments to the charter of said city, to wit: Charter Amendment No. 2. That pursuant to law in such cases made and provided the Board of Supervisors of the County of Orange regularly and duly canvassed the returns of said election and found and deter- mined that Charter Amendment No. 1 received less than a majority of all votes cast and.therefore was not ratified, and that Charter Amendment No. 2 received a majority of all votes 1 i = 5 -- 3 cast and was ratified by a majority of the electors of the City of Huntington Beach voting thereon, and that a certified copy of the result of said canvass was regularly and duly filed with : the said City of Huntington Beach. The said amendment to the charter so ratified by the electors of the City of Huntington Beach is in words and figures as follows,to wit: CHARTER A-,NiEND11ENT No. 2 That the Charter of the City of Huntington Beach is ` hereby amended by amending Section 3 of Article IX, to read as hereinafter provided, and by adding two new sections to said Article IX the same to be numbered Section 7 and Section 8,the same to read as follows: Section 3: In all cases in which the City Judge is a party, or in which he is interested, or when he is related to either party in an action by consanguinity or affinity within the third degree, or is otherwise disqualified, or in case of sickness, or inability to act, the City Judge by written request may call in anv City Judge or any Justice of the Peace residing in the County of Orange to act in his place and stead; provided, that should the City Judge become unable to act through sickness or other cause and has not called in any such City Judge or Justice of the Peace, the Mayor may call in a City Judge or a Justice of the Peace of Orange County to act in the place and stead of the City Judge until the next regular meeting of the City Council, at which time the Council may call in a City Judge or Justice of the Peace.or appoint any qualified person to serve as acting City Judge as long as such disability continues or such shorter period as the Council may determine; and further provided, that should the City Judge be granted a leave of absence the City Council may appoint an acting City Judge who shall act in the place and stead of such City Judge so long as said leave of absence continues or for such shorter period, as the City Council shall designate, said acting City Judge shall receive such compensation as the City Council may decide. Section 7: If the City Judge or any one setting in his place fails to attend on the.day appointed for the holding or setting of City Court, or on the day to which it may have been adjourned,within one hour after the time appointed,-.the Chief of Police or any police officer in attendance on the Court, or Clerk of the Court, shall adjourn the same until the next day at 10:00 o'clock A M.,and if no judge attends on that day before noon the Chief of Police of any police officer, or Clerk of the Court, shall adjourn the same until the following day at 10:00 o'clock A M., and so on from day to day unless the City Judge or acting City Judge by written order directs it to be adjourned t 6 to some day certain fixed in said order,in which case it shall be adjourned. Section 8; The City Judge with the advice, and consent of the City Council may appoint a Clerk of the City Court, which office is hereby created, provided, that any city employee or city official shall not be disqualified, by reason of such employ- ment, from holding said office.Said Clerk shall have such power and duties and receive such compensation as the City Council may by ordinance provide. 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 WITti-Ess WHEREOr,we have hereunto set our hands and caused the corporate seal of the said City of Huntington Beach to be affixed hereto this 13th day of April, 1949. J2,CS GREER MAYOR of the City Council of the City of Huntington Beach, California. (SEAL) Jogx L. HE--MICriSEN CITY CLERK of the City of Huntington Beach California WHEREAS, The said proposed amendments as ratified as hereinbefore set forth, have been and now are presented and submitted to the Legislature of the State of California for approval or rejection, as a whole without power of alteration; now, therefore,be it Resolved by the Assembly of the State of California, the Senate concurring,a majority of all the members elected to each house voting therefor and concurring therein,That said amend- ments to the charter of the City of Huntington Beach as pre- sented to, and adopted and ratified by the electors of the said city and as hereinbefore fully set forth, be and the same are hereby approved as a whole, without amendment or alteration, for and as amendments to and as a part of the charter of said City of Huntington Beach. 1 ENDORSED RILED a,cow MAY 9 °- 1949 FWK M.JOW,SecmtaryofS e By cis.J.HAGEM,tom„ --------------R-------------- Syeaker of the Assembly r Pre,ulOn Pri t1he Senate empore Attest: ary of State r 1 �i T'� PROPOSED �. - CHARTER RT - AMENDMENTS No. 1 and No. 2 City of HUNTINGTON BEACH CALIFORNIA 16 t _ v� � v Election Y (3 NOVEMBER .2, 4548 t � Page 7 (f) to have perpetual succession; (ii) to adopt and use a seal and to alter it at pleasure; (iii) to sue and be sued; - (iv) to make and enter into contracts; - (v) to acquire and to hold in the name of the City, any and all property, real or personal, and interests therein, within or without the City; (vi) to control and order the expenditure of all funds pertaining to any and all works under its direction and _ control; (vii) to establish and regulate rates and charges for service from, or the.use of, any and all. works under its direction and control, to users inside or outside the City; (viii) to.borrow money arid incur indebtedness for any such works, and to issue revenue bonds, includ- ing refunding revenue bonds, in negotiable or non- negotiable form, and payable or collectible within or without the State of California, to evidence such in- debtedness, in accordance with procedures established by this Article and by ordinance of the City Council; ' (ix) to rpake covenants, for the benefit of-the holders - of any such bonds, for the maintaining of adequate rates and charges, for restrictions upon further indebt= » edness payable out of the same fund, for restrictions upon transfers out of such fund, and any other appro- priate covenants; (x) to establish funds as hereinafter in this Article ' more particularly provided; (xi) to proviie for the payment out of the proceeds of any issue of bonds of the costs and expenses inci- dent to the issuance thereof and for the reimburse- ment out of such proceeds of any fund out of which such costs and expenses may have been paid; (xii) to authorize expenditures out of the revenue fund r pertaining to any works.for any purpose, for:which . bonds p nin ertaig-to such works Iicv au e been : thor ized, subject to reimbursement out of the-proceeds,4of { such bonds, and.to authorize such reimbursement, (x ii) -.to.lease, let or rent any property.under the con = y am trol of the.Department; whether real or personal, m > accordance. with such -procedure, -.upon--such --terms a` _ and for such time_and purposes as the Boaid:.:may r 1 deem proper an consistent with.the requirements of a the Department, and'to sell any.such property which ,z ; �.. ZN- i - Page .8 j the Board may find to be no longer needed for the purposes of the Department, in accordance with such procedure, and upon such terms, as the Board may deem proper; provided, however, that in the case of jland or property transferred to the control of the De- partment pursuant to clause (iii) of subdivision (c) of Section 5.of this .Article without the payment or trans- fer from funds pertaining to the works for which such land or property was to be used to the general funds of the City of an amount equal to the value of such land or property, as found and determined by the City Council, the Board, upon finding that the same is no longer needed for the purpose of the Department, may retransfer the control of the same to the City Council; i! (xiv) to contract with any person, firm or corpora- tion for the furnishing to the Department of special services and advice in financial, economic, account- ing, engineering, legal or administrative matters by persons specially trained and experienced in such lines of work and who are in the opinions of the Board, competent to perform the services required, and to pay and agree to pay'such compensation to these experts as the Board may deem proper for'the.services ren- dered or agreed to be rendered by the expert or ex- perts with whom the contract is made; ° (xv) to create, establish, adopt, maintain and ad- minister a retirement plan for officers and employees of the Department; and (xvi) to do any and ali things necessary or appro j priate to carry out the purposes of this Article. Section 8. Powers of Board. (a) The Board shall have power— _ (J to act as the policy making authority with respect to all powers and functions of the Department; 1 (ff) to appoint or remove the General Manager .and if a' Secretary; to fix the qualifications and -compensation, ij and, .so far as consistent with the.provisions of this Article,• the duties and powers of the Department'of ficers provided for in Section 4 of this Article, to pro- vide by resolution for such additional officers assist ants; deputies, clerks and other employees.ast rt may deem.'necessary, and to fix their respective quahfica r i lions, compensations, duties arid. powers; (iii) to do any and all.things expressly authorized"by ' this Article-'-and f Page 9 (iv) to do any and all things, whether specified in this Article or not, which may be necessary or appro- priate for the exercising of all powers vested in the Department, except as to such powers as are vested by this Article in the Department officers. (b) If any of the powers granted by this Article, whether in specific or general terms, to the Department or the Board, should be held to be legislative, it is declared to be the-inten- tion of this Article to invest said Department and Board with legislative powers to the extent that any such powers may be so held to be legislative. Section S. Powers and Duties of General Manager. (a) The General Manager shall be the chief executive officer and head of the administrative branch of the Department. He shall be responsible to the Board for the proper administration of all affairs of the Department, in accordance with the policies es- tablished by the Board, and shall have power and be required— (i) to appoint the Controller, Custodian of Funds, Chief Engineer and General Counsel, and, except.as provided in Section 10 of this Article, all such other of- ficers, assistants, deputies, clerks and employees as maybe provided for.by the Board, and all persons so appointed by him shall be subject to removal by him; (ii) to prepare a Department budget annually and submit the same for consideration by the Board, and ` to be responsible for the administration of the budget after its adoption by the Board; (iii) to prepare and submit to the Board as of the end of the fiscal year a complete report on the finances and. administrative activities of the Department for the pre- ceeding year; (iv). to keep the Board advised of the financial con- dition and future needs of the Department, and make such recommendations as'may seem to him desirable; and (v) to perform such other duties as may be f prescribed by this Article.or required of him by the Board, not m- consistent with this Article. (b) The General Manager shall be accorded a seat at the Board table (except-when his removal or the appointment of his successor shall be under discussion),and shall be entitled to paa' � ticipate in the deliberations, but shall not have avote Section 10. Powers and Duties of,Other Officers. (a) Then `�` 4� Officers provided for in Section 4 of this Article, other than.the r . Page 10 I General Manager, shall have, exercise and perform the same powers and duties with respect to the affairs of the Department, I as nearly as may be consistent with this Article, as under this Charter the corresponding officers of the City have, exercise 1 and perform with respect to the affairs of'the City. _ (b)' The following shall be deemed to be corresponding f officers within the meaning of that term wherever used in this .Article: ' President of the Board and Mayor; Secretary and City Clerk; Controller and Auditor and City.Collector combined; Custodian of Funds and Treasurer; General Counsel and City Attorney; and Chief Engineer and City Engineer; provided, however, that . 4 with respect to powers and duties of management, as dis- tinguished from engineering, the General Manager of the ' Department shall be deemed to be the officer of the De- partment corresponding to the City Engineer. (c) The Secretary, Controller, Custodian of Funds, Gen- eral Counsel and Chief Engineer shall each be the head of a division of the Department, and as such shall have the power to appoint or remove all such officers, assistants, deputies, clerks and employees as may be provided for by the Board for his division, subject to approval of,the General Manager being first had and received: (d) All -of the provisions of this Charter applicable to the officers of the City mentioned in•this Section shall be applicable to the corresponding Department officers, respectively, so far as may be consistent with this Article, subject, however, to the , provisions of Section 25 of this Article. :. Section 11. Revenue Bonds and Referendum Thereon.- (a) Whenever. the Department shall propose to exercise the power to borrow money, or incur or refund indebtedness, on account 1 of any works under its jufisdiction, through the-issuance of revenue bonds, pursuant to this Article, the Board_shall-adopt _ a resolution authorizing the issuance of such,revenue bonds, which resolution shall specify— (i) - the works on account of which `the ;proposed - {} bonds are to be issued; N (ii): the purpose for.which the proposed bonds are to { a be issued; t principal amount of the bond(iii) the maximums pro,- r posed to be issued: { (iv) the maximum term for which any of said bonds ` },, are to run; F;<. S r� t Page 11 (v) -the maximum interest cost, to be determined in a ' manner specified in said resolution, to be incurred through the issuance of such bonds; (vi) the maximum premium, if any, to be payable on the redemption of any such bonds; (vii) whether or. not such bonds are to be in negoti- able form; and (viii) the limits within which restrictions may be im posed upon the incurring of additional indebtedness which is to be a charge upon the fund or funds upon which such proposed- revenue bonds are to be a charge, or upon future transfers out of said revenue fund; but if no such restrictions are proposed the speci- fication provided for in this clause (viii) 'may be omitted. (b) Upon the adoption of any resolution pursuant to the preceding subdivision (a) the,Board shall cause the same to be published by at least one insertion-in some newspaper pub- lished cord of general circulation in the City of Huntington Beach. At anytime within thirty (30) days after the first pub lication of such resolution a referendary petition, signed by not less than 10 per cent of the registered voters of the City,-pro- testing the adoption of such resolution, may by filed with the City Clerk. Thereupon substantially the same proceedings shall be had as are applicable in the case of referendum upon the adoption of an ordinance. If during the said thirty (30) days a petition signed by the required number of voters be presented to the Council, the resolution which is the subject thereof shall be of no effect unless and until the same shall have been submitted to the voters of the City and a majority of the voters thereon shall-have voted in favor thereof. - (c) The Board, in its discretion, may_ include in any rest- lution adopted pursuant'to subdivision (a) of this Section, a re- quest to the City Council to submit such resolution to the voters, and in that case, instead of the publication provided for -in said subdivision (a), a certified copy of said resolution shall be filed with the City Clerk cod by him presented to the City Coun cil. Thereupon substantially the same -proceedings shad 1 be had as if said resolution had been published and:a sufficient referendary p tition had been presented. , r= (a) When any. such resolution shall have taken rbffect, t £�s , whether by the-elapsing of.30 days without the fil of a:suf ,F x ficient referendary petition, or by a majority.of the voters;vot ing thereon having voted in favor thereofj the Board ceed to accordance with the provisions of this Article cmd of an at ;_ y -7 ordinance prescribing the procedure therefor adopted pur n t� >:- Page 12 suant to this Article, and issue revenue bonds.within the terms — of said resolution. Section 12.- Funds. (a) .Immediately upon any works coming under the direction and control of the Department, the Board shall, by resolution, establish a fund, to be in the cus-tody of the Custodian of Funds, and to be designated as the Revenue Fund," the preceding blank i to be filled in with an appropriate brief designation of the par- ticular works in connection with which the fund is established; as "Parking", "Sewer", or the like. All monies received by the Department from the furnishing of service from, or the use of, ' the particular works in connection with which that revenue fund is established, or from any other source in connection with the operation of those,wvrks, shall be paid into that fund, and no I sums shall be paid from said fund other than expenditures, duly authorized by the Board, made for the purpose of those works, except as in this Article otherwise expressly provided. The Board shall, from time to time, make provision for the pay- ment out of each such fund of sums sufficient to meet when due all payments of principal and interest on all revenue bonds. of the Department issued for the purposes of the works to which that fund pertains. (b) In its discretion, the Board, from time to.time, may es- tablish special funds in the custody of the Custodian of Funds • in connection with any particular works under its direction or control, or in connection with any issue of revenue bonds is- sued or to be issued for the purposes of those works, as funds set apart and segregated for the payment of principal or interest on any issue, or series of issues, of such revenue bonds, or as funds to assure the application of the proceeds of any issue of revenue bonds to the purposes foriwhich it was issued, or for any like purpose. Money in any revenue fund may be trans- ferred, when authorized by the Board, to any such special fund for the purpose of which is within the purposes for which money in said revenue fund is expendable. . Money placed in any _ such special fund shall not be expended for any purpose what- soever expect the purposes for which such special fund was es- `:. tablished, and shall be deemed to be segregated.from all.other funds of the City or Department, and reserved exclusively for the.purposes for which said special fund was established, pro— _ vided, however, that the Board at or after the time of the;estab- lishment of any,such special fund may make due_provision for - the disposition of any unexpended balance.which-may remain 3 therein'a h ftdr the purposes of its.establishment shall' ave;_been _ fully accomplished 1,. 2 w Page 13 Section 13. Investment of Funds. In the discretion of the Board, money in, or belonging to, any revenue fund established pursuant to subdivision (a) of Section 12 of this Article, or any special fund established pursuant to subdivision (b) of said Sec- tion 12, may he invested in securities consisting of bonds or other evidences of indebtedness of the United States, the State of California, or any political subdivision thereof, including the City or the Department. Any such securities acquired-through such investment may be resold at any time. In making any such investment in, or s(ile of, any such securities the Board shall, if practicable ,obtain or cause to be obtained competitive bids, formal or informal, for the sale or purchase of such se- curities. Any interest or any increment received by reason of such investment, and the proceeds of any such resale, shall be placed in the fund out of which such securities were pur- chased. Any revenue bond of the Department so acquired4 which is payable out of the fund from which its purchase price was paid may be cancelled, either in satisfaction, of sinking fund obligations, or otherwise, and any such revenue bond so cancelled shall no longer be deemed to be outstanding for" any Purpose. Section 14. Accounting and Budget. (a) The General Manager shall provide for proper accounting and control, un- der the direction of the Controller, of all monies, funds and property and other things of value, pertaining to the Depart- mer)t, and for the budgeting of all expenditures, other than expenditures to be made out of the proceeds of the sale of , bonds. The General Manager shall annually prepare and submit to the Board a budget for the Department in such form and manner as to indicate the estimated operating costs, rev- - enues, profit, and loss for each works, under the jurisdiction of the Department during the ensuing year, which shall be ap proved by the Board, either as submitted or as it may be amend- - ed or modified by the Board. 'In any case of emergency or•un - expected contingency the Board may from time.to time during' the budget year amend or modify such budget. Obligations - shall be incurred only within such budget, but this shall not apply to the incurring of obligations for money ..borrow' d through the issuance of bonds, nor shall it preclude the:making of contracts'of lease, or for services, or the like, for periods tending be and the current budget 1 p year, or contracts for the„ purchase of machinery, equipment or other property to be livered after the close of the year, in any cases where the t, t Board shall be satisfied that each.payment thereunder wrll be ' within the funds which will be available in the"year in-which such payment will become due. r -' Page 14 Section 15. Separate Units. Each works under the di- rection and control of the Department shall be conducted as an independent unit, which shall be self-supporting, except to the extent contemplated in Section 2 of this Article, in the. event that bonds of the City should be authorized for the purpose of any. such works, and all accounting respecting the affairs of the Department shall be on that basis. Section 16. Duty to Maintain Adequate Rates and to Per- w form all Covenants. It shall be the duty of the Department to fix rates and collect charges for service from, or the use of, each such works such as to provide revenues sufficient to pay, as the same shall become due, the principal of and interest on all revenue bonds of the Department issued on account of such tworks, in addition to paying, as the same shall become due, . the necessary expenses of operating and maintaining such works, and all other obligations and indebtedness payable out of the revenue'fund pertaining to such works. - It shall also be the duty of the Department to fully keep and perform every covenant it may make with the holders of any bonds issued pursuant to this Article, whether with respect to the establish- ment and maintenance of funds, or with respect to any matter whatsoever. , Section 17. Interchange of Personnel and Property. Iii the interest of economy and efficiency, in cases where the duties are compatible, the services of personnel in other depart- ments, offices and agencies of the City may be utilized in the conduct of the affairs of the Department, and vice versa, to such extent as shall be authorized by the City Council and the Board or General Manager. Likewise, in the same interest, and upon like authorization, equipment, materials, supplies and other property, provided for other departments, offices and agencies; mcty be transferred to or used jointly with the Department, -or vice versa." Costs incurred for the joint benefit of more than.* one works shall be prorated between them, and charges -shall,, be made and paid, between each such works and other_such works,and as between eachsuch works and the!City, cued all other departments; offices and agencies of the City, for.all per sonal services of officers.or errlployees, for all servicesoi uses i from_or of works of the Department,and for-all property, of other, G - things of dalue, furnished; supplied or rendered.by, to, or from each-such works, from, to,or by any other.sucli.works, or the r Cfty, or any other. Department,-.office- or agency ,-of the_=City N including in the cases of the offices of any officer of the City who, pursuant to the provisions of this Article may also ap- 4 pointed as an officer of the Department, :a�proper. prorates ap-`> Page 15 portionment of the costs of any offices used Jointly for purposes of the City and purposes of the Department. Section 18. Transfers to Other Funds. No transfers, pay- ments or contributions shall be made from the funds of any works to any funds of other works of the Department, or to any -_ funds of the City, otherwise than—. i (i) for value received, as provided in this Section, j (ii) for the payment or reimbursement of principal and . interests on bonds of the City issued for the purposes t of the works to which the fund pertains,.as provided in Section 2 of this Article, or (iii) for purposes permitted by Section 19 of this Ar- ticle. r �r; Section 19. Application of Surpluses. In the discretion of the Board, it may establish a Department of Public Service Gen- eral Reserve Fund, and may transfer thereto surplus money in any Revenue Fund established pursuant to subdivision (a) of Section 12,of this Article. Money shall be deemed to be sur- ~ plus within the meaning of this Section only when it is found by the Board to be such as will remain over and above due pro- i. vision for all current expenses of operating and maintaining the works to which the Revenue Fund pertains, for.all current debt service charges pertaining thereto, for the maintenance of any -reserves required by any covenant .with the holders of bonds pertaining thereto, for depreciation of such works,, and for a reasonable margin of working capital therefor. In the discretion of the Board, money in said General Reserve Fund may be transferred to other funds of the Department; or the general fund of the City and used for any purposes for which { the fund to which it is so transferred may be expended, but no �! such transfer shall be made in violation of any covenant which may have been made in connection with the issuance of any revenue bonds which are-a charge upon the Revenue Fund af- fected. - - '' Section 20. Contracts.'. In all construction, improvement _ and other work undertaken by the Department, and in the pro- p r curement of any supplies or materials therefor; it shall proceed in,the same manner as provided for the City in Article X-of this Charter, and all of the provisions of said Article X shall;apply; Z' - subject, however, to the-provisions of Section 25'of. this ArficI6, kx and provided that in obtaining -the engraving:of bonds, _or printing incident to the issuance of bonds, the Department may_ 5> proceed by.inviting,informal bids, if by reason.of limitations of fix{ a time or requirements as to quality of-work; or secuzity:ui the custody of plates,.the Board may deem it to be in the public - f; interest so-to do. e , t Page 16 Section 21. Oaths and Bonds of Officers and Employees. (a) Each member of the Board, and each of the Department officers provided for in Section 4 of this Article, before entering upon the discharge of his duties, shall take the oath of office provided for in the Constitution of the State. t ` (b) Each officer and employee of the Department charged with the collection or custody of public money, before entering upon the discharge of his duties, shall give and execute to the Department his official bond; and other officers and.employees of the Department shall give such official bonds as may be re- quired by resolution of the Board. (c) All of the provisions of Section 14 of Article VII of this Charter shall be applicable to the giving of official bonds by officers and employees of the Department, subject, however to the provisions of Section 25 of this Article. Section-22. Monthly Reports. The provisions of Section 15 of Article VII of this Charter shall be applicable to the offi- cers and employees of the D"apartment, subject, however. .to the provisions of Section 25 of this Article. ' Section 23. Annual and Special Audits. - There shall be an annual,audit of the financial transactions and accounts of the Department,- and the.Board may authorize special audits thereof. Any such audit, whether annual or special, shall be conducted substantially in the manner provided by Section 16 of Article VII of this Charter for City audits. If authorized by both the City Council and.the Board any such City audit and Department audit may be consolidated and made by the same accountant or accountants. If so consolidated the cost shall be prorated between the City and the Department in such manner. as shall be provided in such authorizations of the City Council and the Board. If any such Department audit is not so.con- solidated with a City audit, the Board shall provide for the same, and for the payment of the cost thereof out of the De partment funds. Section 24. Claims. The provisions of Section-1 of 'Ar ticle XV of this Charter shall apply to claims and suits.against the Department, subject, however, to the provisions of 'Section- 25 \ of thfs Article. _ t } Section 25. .Effect of Other Charter Provisions (a3> In ag plying to the affairs of-the Department the Charter:-provisions -- referred to in subdivision (d) of Section 10, in Section 20;"in division (c) of Section 21,-in Section 22 and in Section'-24 of this4 Article, and in so applying all.other,provisions.of thisChartef, ' l` not contained in this Article, which by express.reference Page 17 by necessary implication from, this Article are made applicable to the Department, all references in such provisions to the City shall be understood as references to the Department; all refer- ences to the City Council shall be understood as references to the Board; all references to ordinances shall-be understood as references to resolutions of the Board, and all references to of- ficers of the City shall be understood as references to the corre- sponding officers of the Department, respectively. If any un- certainty or conflict shall arise as to the proper application of any such provisions to the affairs of the Department, the City Council, on request of the Board, shall, by ordinance, determine such proper applcation, and such ordinance shall be controll- ing as to all such matters of uncertainty or conflict. (b) None of the provisions of this Charter, other than the provisions of this Article, shall be applicable to the Department, or to its affairs, except as in this Article expressly provided or necessarily implied. ' (c) Without limiting the generality of subdivision (b) of this Section, it is provided— M that the provisions of Section 1 of Article XIV of this Charter that plenary control over use of all.prop- . erty owned, leased or controlled by the City is vested in the Council, shall have no application to any prop- erty owned, leased or controlled for purposes of any works under the jurisdiction of the Department, but the Board shall have plenary control over .all such property; (ii), that nothing in Sections 1 to 4, inclusive, of Ar- ticle XIV of this Charter shall be construed as re- quiring the Department to acquire or obtain from the City-pursuant thereto any franchise, permit or privi- lege, as being in anywise applicable to the Depart- ment, and said Department shall have and may ex- ercise all the rights granted to the City by Section 19 of Article XI of the Constitution of the State of Cal- ifornia,and the right to use all streets, highways; alleys' . F and public places within the City for the purposes of all ; works-under its jurisdiction; S�ti7- (iii) that nothing iri Section 5 or Article XIV :of this a Charter shall in anywise limit the powers of.the De- f partment or of the Board under this Article; a]id that t� anything in said Section 5 of said Article XIV in`'any manner inconsistent with the provisions of this Article is to that extent:repealed. kk s � a3s' Page 18 PROPOSED,CHARTER AMENDMENTS TO BE SUBMITTED TO THE ELECTORS AT A SPECIAL ELECTION TO BE HELD NOVEMBER 2, 1948. CHARTER AMENDMENT NO. 2 That the Charter of the City of Huntington Beach is here- by amended by amending Section 3 of Article IX, to read as hereinafter provided, and by adding two.new sections to'said Article IX the same to be numbered Section 7 and Section 8, the same to read as follows: Section 3: In all cases in which the City judge is a party; or in which he is interested, or when he is related to either party . in an action by consanguinity or affinity within the third degree, "+ or"is otherwise disqualified, or in case of sickness, or inabilty -to act, the City Judge by written request may call in any:City Judge or any Justice of the Peace residing in the County of Orange to act in his place and stead; provided, that should the City Judge become unable to act through sickness or other cause--and has not called in any such City Judge or Justice.of the Peace, the Mayor may call in a City Judge or a Justice of the Peace of Orange County to act in the place and stead of_the City Judge until the next regular meeting of the City Council, ` at-which time the Council may call in a City Judge or justice of the Peace or appoint any qualified person to.serve as acting City J�idge as long as such disability continues or such short- er period as the Council may determine; and further provided, that should the City Judge be grcuited a leave of absence the City Council may appoint an acting City judge who shall act in the place and stead of such City judge so long as said leave of absence continues or for such shorter period, as the City.Coun- cil shall designate, said acting City Judge shall receive such compensation as the City.Council may decide. Section 7: If the City Judge or any one sitting in his place. fails to attend on the day appointed for the holding or setting " of City.Court,or on the day to which it may have been adjourn �l ed, within one hour after,the time appointed, the Chief of Po- lice or any police officer.in attendance on the Court, or Clerk i of the Court, shall adjourn the scone until the next,dsry at`MOO o'clock A.M., and, if-no judge attends_ on.that day:before noon s the Chief of Police.or any police officer, or.Clerk_of the ;Court, 4� shall c djoum the same until, the`following day at ;I O 00 o'clock , t ' ' A.M., and so on'from.day to day.unless-th_e City'Jiidgd of act r t ing City..Judge by_written older directsit to be-:adjuorned to_' ' v some day certain fixed-in said order;..in .which Case it shall be f. i -�• c f- .yam 4. i t Y I .. Page 19 Section 8: The City Judge with the advice and consent of the-City Council may appoint fic Clerk of the City Court, which office is hereby created,provided,that any city employee or city official shall not be disqualified,by reason of such employi4ent, from holding.said office. Said Clerk shall have such power and duties and receive such compensation as the City Council may by ordinance provide. . 4` jz ,j ;R STEPHEN B. ROBINSON ATTORNEY AT LAW SUITE 720 ROWAN BUILDING 458 SOUTH SPRING STREET LOS ANGELES 13,CALIFORNIA TRINITY 60H HAWKINS,DELAFIELD&WOOD 57 WALL STREET - -EAS ERNOCOUNSEL - August 18, 1948 - Mr. Ray Overacker, City Attorney 1122 Main Street Huntington Beach, California. Dear Mr. Overacker, In line with our understanding at Huntington Beach last Friday evening and our subsequent telephone conversations, I am enclosing another draft of the Charter Amendment incorpo- rating all the (changes which were discussed at Huntington Beach and also a, few which are in the nature of improvements in ex- pression and the like which have occurred to me on a final study. The draft is in very rough form prepared by taking a prior draft and making interlineations and attaching riders and with one or two added sheets at the end. If you will be good enough to check it in this rough form it can be mimeographed promptly. I have retained a duplicate copy for mimeographing purposes . I feel that the draft is in good shape with one excep- tion. In line with the views expressed in the Council meeting I have set up the Department organization in such form as to permit the Board of Public Service Commissioners to select all of the Department officers including officers having duties comparable to those of the City Auditor, City Treasurer and City Atbrney, but with provision that in their discretion they may appoint persons holding other consistent offices to fill these positions. While this accords with the views expressed by some members of the City Council I still feel that it is a mistake to provide for an attorney who is independent of the City Attorney and possibly in lesser degree for independent officers to perform the duties of Treasurer and Auditor. However, I recognize that this is a matter of policy rather than law and I did not feel that I should be insistent as to my views, although as stated above I feel that it would be definitely preferable to provide that the City Attorney should handle the legal affairs of the Department and in somewhat lesser degree the same applies to the Auditor and Treasurer. t Mr. Overa.cker - page 2 August 18, 1948 You will note that in making provision for Department officers I have been careful to use titles sufficiently distinct from those of City officials to avoid the confusion which exists where different officers have titles so much alike that it is not easy to distinguish between them. Should any further conference seem desirable I will be happy to come to Huntington Beach for the purpose, but I believe that the draft can be a re rded as being in final form (except of course, mimeographing unless the Council should see fit to modify its views with respect to Department officers . With sincerest regards, Cordially you Stephen B . Robinson SBR:ab enc. ( U t , \ /jt:��/' .j J , 6.��i{ y y,'..�,- �" 4"`nr/e`*�'w''e _�.'rsY:'¢.•f � f .:i RTER AMEIM NT 4.GR� That the Charter of the City of Huntington { ; Beach is hereby amended by amending; Section 2 of Article ZIT thereof' to read as follows: Section 2: The City of Mantington 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 consent- ing to.. and the City is hereby authorized, at its option, to exercise any and all rights, powers and privileges, and to follow any and all procedures, heretofore or here- after granted or provided by the general laws of the State. 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 this Constitu- tion of the state or California giving Cities Home mule as to municipal affairs. Z CHARTER AMENDMENT N©. That the Charter of the City of Huntington Beach is hereby amended by amending Section 5 of Article IV thereof to`read as follows. . Section 5. At all elections the returns from each election precinct shall be filed with the City Clerk and shall be canvassed by the City Council at the regular meeting of such Council on the first Monday after the expiration of five (5) full days after said election. The City_ Council shall declare elected the persons having the highest number of votes given for each office, and shall declare the result upon all propositions submitted at such election. Upon the completion of the canvass the City Counel l shall pass a resolution reciting the fact of the election and such other matters as are required by the said general election laws applicableto cities of the Sixth Class. After the adoption of such resolution the newly elected officers shall be installed, and they shall hold office until the election, qualification and installation of their respective successors. Each newly elected member of the City Council before entering upon his duties shall take the oath of office. Immediately after the result of the election is officially declared by the City Council, the Clem shall, under his hand and the official seal of said City, issue a. certificate of election for each and every person elected thereat, and serve the same personally or by mail on each such person -2- CHARTER AMENDMENT NO.� That the Charter of the City of Huntington Beach is hereby amended by amending Section of Article V thereof to read as follows: Section 3: Meetings. Regular meetings of the City Council shall be held on the first Monday after the expiration of five (5) full days after . ea.ch municipal election, whether general or special. At the meeting held pursuant to the above requirement next following; each general municipal election, and after the installation of the newly elected officers the City Council shall choose one of its member to be Mayor. The City Council shall also 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 meet- ing 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 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, hart over, that any s cip-1 meeting of the C A ty Council shall be a validly called s cial meetIng, without the givin.- of such %ritten notice, as above ,Prcvieesd, it ail members of thaw City GovmcilA. ., ve their consent In tin A t why holdingof sut;h ting, and such consort Is on file In the of'i°loe or the City Clerk at the time or holding such meetin . A telegraphic comunication frow. a ccuna~llmn consenting t* the holding of the mooting shall be doom—d to be a oonsent in writing, withIn the mearAng of that terms aa expressed in the roreaolg sentence. At any sp ol l meeting e p r of the City Coune 1. to transact business shall be limited to. matters referred to in such written notice or written consent; ail meetings or the Liter Council shall bad; held, within the corporate limits of the City at such place an may be desigmted by ordinance and shall be public. In the event that any order of e4journment or a regular meeting falls to state the hour at wh i ash any adjourned meeting, Is to be hold, such Sdjol&rned sating way be validly hold on than may spscifted In the order or adjournment nt It hold at the hour set forth in than ordinance or resolution lrea'ri.b,ing the time for regular metings. If wW day upon which,, by the tertas or this Charter �. or of an ordinamae fixing the time of meatings, a seating of the My Council Is di.reated to be held falls upon a legal holiday.. : such meeting shall be hold on the next succeeding rimy which is not a legal holiday. 1 CHARTER AMENDMENT NO. That the Charter of the City of Huntington Beach is hereby amended by amending Section 6 of Article VI thereof to read as follows: Section 6: Every ordinance shall be filed and topically indexed in a book kept for that purpose; shall be authenticated by the signatures of the Mayor and City Clerk, or his authorized deputy, and within two weeks 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 ordinance shall not be made within said period of two weeks hereinabove designated, said ordinance shall not thereby be rendered null and void, but the effective date thereof shall be postponed- until the full period of thirty days shall have elapsed after the publication thereof. That the charter of the %--itlr of Huntington Beach is hereby amended by amending Section 3 of Article 'II thereof to read as follows: Section 3. Mayor. The mayor shall preside at the meetin-#s of the 'City Council, and in case of his absence or inability to act, the City Col)neil shall aPpoint a mayor pro tempore, who sh z l serve only until such, timne as the mayor re- turns am is able to act, 'and who for such period shall have all of the powers and dluties of the mayor.. The mayor shall have the pooer to make or second any motion and to present and discuss any utters, notwithstanding the pact that the mayor is the presidinT officer of the Couneil. in the case o-f the absence of the City Clerk., the depilty city clerk shall act. If there be no deputy city _clerk., then the mayor shall appoint one of the members of the City Coune4l city clerk pro tempore. The mayor shall sign -all warrants drawn on th.e -C-ity Treasurer, -and shall sign all written contracts and conveyances made or entered into by said city. The mayor shall have power to administdr , oaths and affirmations,. to take affid,evlte and to te#Afy the same -under his hand. The mayor -is authorized .to acknowledge. the execution of all instruments executed by said city that &re re- quired to be acknowledged. In the ev-int of a vacancy occurring in the office of the mayor for any cause, the Council sail have the authority to fill . such vacancy; provided, however, that, if a vacancy also .exists in the office of Councilman, that vacancy shall first be filled J ' In the manner prodded in Section 2°-6f Article V of tl'=is Charter. CHARTER AMNDWNT NO. That the Charter of the City of Huntington Beach is hereby amended by .amending Section 1 of Article X thereof to read as follows: Section 1: In any project for the erection, improvement and repair of public bu1.1dings and works in all worx in or about streams, bays, or water fronts, or in or about embankments, or other works for protection against overflow, in all stroet or sower woelc exclusive of -maintenance or repair; and in the furnishing of any supplies or materials fo:p any such project .inclusive of projects for maintenance or repair of streets or sewers, when the total expenditures required for the some exceed the sum of Five Thousand Dollars 45000), the same shall be done by contract and shall be lot to than lowest responsible bidder, ,after notice# which shall consist of the publication of a notice lea.viting bids by two or more insertions thereof, not less than Five days apart, in a newspaper of general circulation, printed and published in such city, which publication shall be commenced not less than 10 days prior to the date set in the notice for :. the opening of bids. Such notice shall distinctly and ape- cifi.cally state the worm contemplated to be dune; provided, that the City Council may reject any and all bids presented r and readvertise, in its discretion, and if any two or more bids are the sane and are the lowest bids received, the Council T bay accept whichevor one it chooses : provided further, after reject-in,; bif"s , the city coin cil may deci=re an!� det amine by a four-fifths vote of ali its n embers t ,:A in its opinion the worn in question may 'Ole more econo:rically by force account or the materials or supplies furnIs' ed at a lower price in t-he open mmir ;et, and after the adoption of a resolution to this s ?f-fect it may proceed -.;o have t-h-e. same faone in the manner stated without further observat.ce of the foregoing provisions of this section; andprovided further ,hat i f, dthout in- viting bids, the Cit,�, Council small satisfy itself that the work may be Yerf ormed by :i:orce account, or t?- e ~materials or supplies procured in the open. market, at a cost less than would result fr :r: inviting, bids , --inn .hall so d<,Lcl_;ro and dot=ermine by a unanimous vote .of all its members, it rriay t roceed to have st?cl work dIone or said materials or s?,n�--i'ies procured in the Z1a per stated, 5jilhout further cb ervar2ce of the foregJ_ pro- v=sicns o�' this snet.ion; 2nd provided urtl. r, that in case of a great public calamity such as an extraordinary fire, flood, storm, epidemie or other disaster, or in the -doing of emergency work deemed necessary in preparation for National or. l..ocal defense, 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 im-mediate expenditure of public rioney to safe-guard life, health or property, and thereupon it -nay - rcceed to expend or enter intc , a contract involving the e penditure of any sure required in such emergency. CHARIER AMENDMENT NO. That the Charter of the City of Huntington Beach is hereby amended by amending Section 3, Article X1 thereof to read as follows Section 33 Indebtedness and Bonds. The City may incur indebtedness for expenditures for municipal purposes which cannot be provided for out of the ordinary revenue of the City, and issue bonds to evidence the same, in such manner and in -accordance with such procedure as may be provided for either by the general laws of .the State or, by this Charter or by ordinance adopted pursuant thereto; provided, however, that no bonds shall be issued to meet current indebtedness. 1. CHARTER AMENDMENT NO. 9 2 THAT THE CHARTER OF THE CITY OF HUNTINtITON BEACH' IS HEREBY AMENDED BY AMENDING SECTIONS 3 19 29 39 4 and 5 BY AMENDING SECTIONS 6 AND 7 TO ARTICLE XIV TO READ AS FOLLOWS: i 4 5 T u ern' 4 6 Section l: Granting of Fr,�,rae�<3.s��z�. any p_�rson, firm or 7 corporation furnishing the City or its inhabitants with 8 transportation, communicat-1 on, terminrl facilitiesg 9 wa.t=r, light, hr)a.t, po�xerq refrig�srati gin, etcar€a -e or 10 any other public:-_::utility or service, or using, the 11 publ i.c streets, ways, alleys* or 1 �^c for the a ;er® 12 a.tion of plant s p orks o or -qui.pmer°nt for the furni.sh-- 13 - ink; thereof or traversing any o. tion of the City for 14 the tranamitti Nr or convoyi.mg of any such service ��,, se- 15 where may be required by ord1n nce to have a v€;l ld €grid. 16 exist#nr franchise. The City Council is ems owered to 17 grant such franchise to arty such person, firm or cbr- 18 Lorat1,,:n whether operating, under ail oxistl franchise, 19 or not. The City Council may prescribe the terms and _ 20 conditions of any such grant. It may also provides, by 21 procedural ordinr noe j the method of procedure and add- 22 itionsl terms and conditions for mating such grants, 23 subject to the provisions of this Charter. 24 Section 2: Resolution of Intention. Notice and Public 25 Eearing. Before granting Fj-q franchise the City 26 Council shall pass a. resolution d.eclNrir4� its Intention 27 to grant the same, stating the Marne of the ;oro^os:,ei 28 gra ntee& the character of the franchise and the terms 29 and conditions upon which it ire proroeod to be *ranted. 1 I Such resolution shall fix and s ,t forth th�- 2 and. place when and where any persons hrving. an,%, Int- 3 4 MAY appear -before the City Council ,-nd br,i hePrd thereon. 5 It shall direct the City Clerk. to pub-Ash said revolut- 6 ton at least oncet within fifte-,�n d1-Tys of the passa�-e 7 thereof, in the official newspaper. Said noticeshi--t.11 8 be Dublished at least ten days .vrior to the date 8 10 At the time set for the hearirk-,, the City II Council shall proceed to hear and pa,s upon all protests ` I�� and its decisi:_;n thereon ehall be final and conclusive. 13 - Thereafter, it_may greInt, or deny# the francInise, 14 subject to the ri-g-lit of referendum of the people. - ' 15 Section 3. Term of Franchiae. Svery franchise__ _____ IG state the t�-�rm. for which It I--) granted, whlch� 17 It be Indet�,,rminate as provided for herein, shall not 18 exceed twenty-five years* IS A franchise grant ma�r be Iyndeterralnate� that � 20 Is to sayt It may proVide that it ehall endure In 21 fullforce and effect until the same, with the conacnt 22 of the Public, Utilitins Commission of the Stat.e of 23 Californial shall be voluntarily surrendered or 24 abondoned by Its possessor, or until the, State of 25 California, or some smanicipal or Dublic, coroorationt X]G thereunto duly authorized by lantg shall purchase by 27 voluntary agreement or --_-'- ___--_-' and take, _-'__- 28 the power of eminent domain, all property actually 29 used and useful in the exercise of such franchise and --aLl-tuate within the te-rr-Aterial limits of the Gta±;ef I municiT)al or ;-,ubjllc corporE-0,4 -n co-d;-m- 2 r tli be Ing such property, or until thetranclip, ha 3 forfeited for noncom lance -rith iti> torms by the 4 possessor thereof. 5 Section 4: Eminent Domain. No franchise _rant shall In 6 s-ilV Yray or to any extent Impair or affect the r1r, ht 7 of the City to acquire the prop, rty of the --rant'ee 8 thereof either by purc]-hase or throut:,h the e7ercii,-- 9 of the right of eminent domain, and nothing 10 contal.n-d shall be conotrued to c!-*)ntract wvay or to 11 modify or to abridge, either for a term or in 'p,,Irpe- 12 tuitvo the City 's rli:ht of emlne-nt domain with re,�'Pect 13- to alny public utility. "-s4o i3u%-Ih franchise shall ever 14 be given any v-" ue before -al Court or other public, 15 authority In any praceedIngs of any chanracl.'er In 16 excess WL' the cost to the t7ran tee of the necessary 17 Oublication and any other f.!,.jm P,-Ud b! it to the mun- 18 icipality therefor at the time of the acquisition 19 thereof. 20 Section 5: Grant to be In Lieu of all other Franchises. 21 Any franchlee granted by the City with respect to any, 22 given utility service shall be in lieu of all other 23 franchises$ rights or privileges owned by the grantee$ 24 or by any successor of the grantee to any right under 25 such franchise, for the rendering of such utility 26 service ,within the limit of the City as they now or 27. may heret-ifter exi8t# except any franchise deriv,,d 28 under Section 19 .of Article XX of the Constitution 29 of California as said existed prior to the amendment 3 1 thereof adopted October 10,1011. The acceptance 2 of any franchise hereunder, shall operate as an abandon- 3 went of all such franchises, rights and privileges 4 within the lliAts of the City as such lim- its shall 5 at any time exist, in lieu of which such franchise 6 shall be :ranted. 7 Any Franchise granted hereunder shall not 8 become effectiv > until written acceptance thereof 9 shall have been filed by the grantee thereof with 10 the City Clerk. Such acceptance shall be .:sled 11 within ten days after the adoption of the ordinance, 12 granting the franchise, or any extension thereof 13 - granted by the City Council, and when oo filed, such 14 acceptance shall constitute a continuing agreement of 15 such �ra:ntee that if and when the City shall thereafter 16 annex, or consolidate with, add'�' itional territory, 17 any and all franchises, rights and privileges owned 18 by the grantee therein, except a. fr¢nehise derived 19 under said constitutional provision, shall likewise _ 20 be deemed to be abandoned within the limits of such 21 territory. No grant of any .franchise may be trans- 22 ferred or assigned by the grantee except. by consent 23 in writing of the City Couneil .and unless the trans- 24 feree or assignee thereof shall covenant and agree to 25 perform and be bound by each and all of the terms and 26 conditions imposed in the grant or by procedural or- 27 dinance and by this Charter. 28 Section 6: Duties of Grantees. By its acceptance of any 29 franchise hereunder$ the grantee shall covenant f-nd 4 11 agree to p_-rform and be bound by each and all of the 2 terme and conditi.---me im-_..osed In the granto or by 3 proc;30tural ordinance r-nd shall Further agree to,., 4 a. Comoly -pith all lawful ordinancest rules 5 and regulatil-?ns the-,re"k"ofore or thereafter 6 adopted by the City Council in the exercise 7 of its police power c.,-overning the construe- 8 t4on I maintenance and opera of V-�s 9 nlantso works or e-quip'.unt; 10 b. Pay to the CitY on demand the cost of all 11 repairs to public property made nec- 12 esSary by any of the ions of the 13 grantee under such franchi.,eo 14 C Inderninify -tnd hold ho-mr."loss the City &nd 15 its of"f Icers -from any and rAA.1 liability 16 for darda-e-'eO proxima"'.ely resulting 1prom 17 any operations under t4uch franchise; 18 d. Removo anki relocate without expense to tv*be ' 19 City any faellit4-6 Installed, used and 20 maintained under the franchise if and 21 when made necessan; by any lawful change 22 of gradep Aignment or width of any public 23 . streetp wayo alley or placel Includi.V- the 24 con-,itruction of any oubway or viaduct# 25 or if the public health$ comfort, welfareg 26 conv,nilencej or safety so demands; and 27 eo Pay to the City durim-.Y the life of ,he 28 franchise a Percentage, to be specified 29 In the grantj of the gross annual receipts 5 _ r 1 Of the rtrantee within the limitz; of the 2 Cit;, or such ether coiapensation as the 3 City Council may prescribe in the grant, 4 Section 7s f:xercisinz Ritlht;; 'Nithout Fra.nchize® The 5 exercise by any person] firen or corporation of any 6 privilege for which a, franehi::'e is Rewired, =Athout 7 possessing a valid and existini ranchi;-3e therefor, 8 chall be a misdemeanor are: shall be puniehable and 9 each day that ;such condit"lon continues to exist shall 10 constitue a. separate violation. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 6 0,( City Charter ,Amendments 7'heyhyst"'caCfiCe may 'Of contain the originals) of, for example, proposed amendments, yubCtc hearing notices or bookCets, but in aCCcases they are exact dup licates of this eCectronicfiCe.