Loading...
HomeMy WebLinkAboutProposed Charter Amendment never filed with the State Fnom thz�desk o6 ALICIA M. WENTWORTH CITY CLERK 536-5404 t i pL� E HUNTINGTON BEACH CITY CHARTER 5 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 ordinance or resolution prescribing the time for regular meetings. If any day upon which, by the terms of this Charter or of an Ordinance fixing the time of meetings, a meeting of the City Council is directed to be held falls upon a legal holiday, such meeting shall be held on the next succeeding day which is not a legal holiday. i Section 4. Quorum.. At any meeting of the City Coun- cil a majority of said council shall constitute a quorum for the transaction of business, but a less number may adjourn from {. time to time, and may compel the attendance of absent mem- bers in such manner and under such penalties as may be pre- scribed by ordinance; and in the absence of all of the City Council from any regular meeting or adjourned meeting the City Clerk may declare the same postponed and adjourned to a stated day and hour, and must thereupon deliver or cause to be delivered personally to each member of the City Coun- cil a written notice of such adjournment at least three hours before the time to which said regular or any adjourned regular meeting has been adjourned. Section 5. Council Rules. The City Council shall judge of the qualifications of its members and of all election returns, and determine contested elections of all city officers. It may establish rules for the conduct of its proceedings and punish any member or other persons 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 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 coun- cil fixing or prescribing a fine, punishment or penalty, or grant- ing any franchise, shall be taken by ordinance. In the ab- sence of any express provision to the contrary in said consti- tution of the State of California, or this Charter, said City Council may choose any of the foregoing three methods for taking such action. The City Council may enforce all ordinances, resolutions, rules cmd regulations made by it, and may do and perform any and all other acts and things which may be. necessary and proper or convenient and proper to carry out the powers and purposes of the City of Huntington Beach. ARTICLE VI—Legislative Procedure Section 1. No ordinance shall be adopted unless the same shall have been introduced at least five full days, ex P ;» 6 HUNTINGTON BEACH CITY CHARTER eluding the day of its introduction, prior to the adoption #,rz thereof. x Section 2. No ordinance shall have any validity or ef- fect unless passed or adopted by the votes of at least three of the persons constituting the five members of the City Coun- cil. Section 3. The enacting clause of every ordinance passed N or adopted by the council shall be, "The City Council of the City of Huntington Beach, California, does ordain as fol- lows:" The enacting clause of ever y ordinance adopted by the 3T 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 r its introduction, and the same shall be read a second time s' upon the final passage and adoption thereof; provided, that the second reading thereof may be by title only, unless the Mayor and any councilman present demands that the same be Q-, read in full. Any ordinance may be amended or modified A 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 t= Section 5. Ordinances making annual tax levy, ordi- nances relating to elections, ordinances relating to bond is- sues, ordinances relating to street proceedings, ordinances as r;;LL in this Charter otherwise specially required, the annual ap- RL' propriation ordinance and emergency measures shall take effect at the time indicated therein. All other ordinances passed by the Council shall take ef- feet 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 specified then thirty (30) days after _= their adoption. & An emergency measure is an ordinance to provide for the immediate preservation of the public peace, property, health or safety, in which the emergency claimed is set forth, and defined in the preamble thereto. The affirmative vote of at least four (4) members of the Council shall be required to pass any ordinance as an emergency measure. No measure making or amending a grant, renewal or ex- tension of a franchise or other special privilege shall be passed as an emergency measure. No situation shall be de- clared 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 signatures of the Mayor and City Clerk, or his author- r r; HUNTINGTON BEACH CI7Y CHARTER 7 ized 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. 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 restrictions governing action thereon. Orders embrace all oth- er 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 California under which they, or it, was enacted. Section 10. The power of the City to acquire by purchase; gift, bequest or devise or condemnation, or by any other means, within or without the boundaries of said City, property both real and personal shall be exercised in accordance with 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 be ex-officio Building Inspector and ex officio Street Superintendent; aCity Judge, a Chief of Police, a City Attorney, a City Auditor, A City Collector and a a_ t Fire Chief; provided, the Council may by ordinance provide for - such subordinate officers, assistants, deputies, clerks and em- ployees as they may deem necessary and may fix their re- spective duties, powers and compensations. The Council may appoint any person, other than a mem- ber of the City Council, to more than one office or appoint- ment, provided said council does not deem the duties of such offices or appointments to be in conflict, or the holding there- of by one person to be contrary to good public policy. If an elective officer of the City under the authority herein given, k 3 HUNTINGTON BEACH CITY CHARTER be appointed to hold any appointive office created herein, or created by ordinance as herein provided, he shall be entitled to receive as such appointive officer the salary or compen- sation attached to such appointive office in addition and with- out regard to his salary or compensation as an elective offi- cial; provided the duties of such appointive office are not s such as he would reasonably be required to perform as such s't elective official. All elective and appointive officers shall be provided with a copy of the Charter of the City of Huntington Beach. Section 2. The City Clerk, and City Treasurer shall be elected from the city at large and shall hold office for four ' years and until their successors are elected and qualified. All r other officers shall be appointed by the Council and shall hold office at the pleasure of the Council, unless otherwise pro- 6 vided by ordinance. Section 3. Mayor. The mayor shall preside at the meet- ings of the City Council, and in case of his absence or in- ability to act, the City Council shall appoint a mayor pro tem- pore, who shall serve only until such time as the mayor re- turns and is able to act, and who for such period shall have r all of the powers and duties of the mayor. The mayor shall s have the power to make or second any motion and to present and discuss any matters, notwithstanding the fact that the mayor is the presiding officer of the Council. In the case of the absence of the City Clerk, the deputy city clerk shall act. If there be no deputy city clerk, then the mayor shall appoint one of the members of the City Council city clerk pro tem- pore. The mayor shall sign all warrants drawn on the City Treasurer, and shall sign all written contracts and convey- ances made or entered into by said city. The Mayor shall 7F have power to administer oaths and affirmations, to take affi- davits and to testify the same under his hand. The mayor is authorized to acknowledge the execution of all instruments executed by said city that are required to be acknowledged. In the event of a vacancy occurring in the office of the mayor for any cause, the Council shall have the authority to fill such vacancy; provided, however, that, if a vacancy also exists in the office of Councilman, that vacancy shall first be filled in the manner provided in Section 2 of Article V of this Charter. Section 4. Chief of Police. The Chief of Police shall be the head of the Police Department of the City of Huntington r Beach and shall have all the powers that are now or may hereafter be conferred upon sheriffs and other peace officers by the laws of the State of California. It shall be his duty to preserve the public peace and to suppress riots, tumults and k disturbances. His orders shall be promptly executed by the police officials, or watchmen of the city, and every citizen shall lend him aid when requested for the arrest of offenders, HUNTINGTON BEACH CITY CHARTER 9 the maintenance of public order, or the protection of life and property. He shall execute and return all process issued to him by legal authority. He shall perform the duties of a regular pa- trolman 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 accordance with the provisions of this Charter, and sub- ject to the approval of the City Council. Section 5. City Assessor. There shall be a City Assess- or, 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 assessment 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 en- gaged in the practice of the profession of law in this State for a period of at least three years next before his election. It shall be his duty, when directed by the City Council to prose- cute 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 at- tendance 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 whenever required by the City Council or other officers. He shall be the legal adviser of all City officers; he shall approve the forms of all bonds given to and all contracts made with the City; he shall, when re- quired by the Council or any member .thereof; draft all pro- posed ordinances for the City and amendments thereto; and shall do and perform all such things touching his office as the Council may require of him. t 7 He shall receive as compensation a salary to be fixed by f --- r z iy x 10 HUNTINGTON BEACH CITY CHARTER ,4 All ordinance or resolution and he shall receive in addition there- to such reasonable additional fees or compensation as the 4 Y City Council may allow for suits or proceedings before any court, board, tribunal, officer or commission in which he has been directed by the Council to act or appear and also when allowed by the Council extra compensation for bond issues of r}' all kinds and for any service which the City Council may y deem extraordinary. The City Council shall have power to direct and control t the prosecution and defense of all suits and proceedings to which the City is a party or in which it is interested and may w employ special counsel to assist the City Attorney therein and provide for the compensation of and pay such special counsel. The City Attorney may appoint a secretary at such sal- t ary or compensation as the City Council, by ordinance or res- olution 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 R approved by the City Council. The treasurer may deposit all or such portions of the public moneys as may be determined f 1 by the City Council in any bank authorized by law to re- u ceive deposits of public money, in accordance with the pro- visions of the Constitution and the laws of the State of Cal- .; f ' ifornia. f He may appoint such deputies and employees .to assist him at such salaries or compensations as the Council P 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 ordi- nance or resolution prescribe. The City Clerk shall have the custody of and be re- sponsible for the corporate seal, and all books, papers, records, contracts and archives belonging to the City or to any de- partment thereof, not in actual use by other officers or else- where by special provision of this charter, or by ordinance of said city committed to their custody. vs ��3 sr`, C HA R T ER � # y � CITY OFi 4 pHSINGTp . in 43 43 St a .— G• i�x-*,r Y'` ! � �'"FF�`Y! ar _ E-� . r 's LE>r' ���tea,. -,ik�. >. h � ^rt�� ��'r�T}�- '`t-._`"$°��- � � � �h law P s -13 i ? gy, 2d ii. i HUNTINGTON BEACH CITY CHARTER i I - i CONTENTS CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA 'i. Page ARTICLE I—Name and Succession ............------.--------.._------------- 1 ARTICLE II—Boundaries --------- ----------------------.-_--------------------------- I f 1 ARTICLE III—Powers of the City ------------------------------------------------ 1 j Section 1: Successor to former city................................ 1 Section 2: Municipal affairs ----___________________ ------------------ 1 Section 3: General grant of power -------------------------------- 1 Section 4: Extent of jurisdiction________________________---------------- 2 ARTICLE IV- Elections ---- ---------------- ------------------------------------ ------ 2 Section 1: Qualification of City Council-----------------_------ 2 Section 2: Qualified electors ____________________________________________ 2 Section 3: Qualification of elective officers___________________ 2, ` Section 4: Election authorities -_-___---___-___--___ ------------- 2' i Section 5: Canvassing of ballots ------------------------------------ 2 Section 6: Term of office, elective and others.............. 3 Section 7: Additional Offices made elective ________________ 3 ARTICLE V—Legislative Power ------------------------------------------------_ 3 Section 1: Council — legislative body ________ __________-_-: 3 Section 2: Council — composition of_____________________________ 3 i Section 3: Meetings of Council ---------------------------_----------- 4 Section 4: Quorum ------------------------------------------------------ ------ 4 Section 5: Council rules _________________ Section 6: Official action ________---------------------------------------- 4 ARTICLE VI—Legislative Procedure -----_--------------.-----------------.._-__ 5 Section 1: Ordinance — Introduction of ---------------------- 5 ±; Section 2: Ordinance — Voting on ________________________________ 6 Section 3: Ordinance — Enacting clause ............. 6 lSection 4: Ordinance — Reading of ------------------------------ 6 Section 5: Ordinances —Effective date _____------------------- 6 Section 6: Ordinances — Publication of ________________________ 6 Section 7: Ordinance or Order—payment of money-_ 7 Section 8: Ordinance—Resolution—Order -------------------- 7 Section 9: Ordinances, resolutions and orders in effect 7 Section 10: Power of City to acquire property------------ 7 ARTICLE VII---Officers, Deputies and Employees --------------- 7 Section 1: Officers ---------------------- __ __- _ - 7 ------ - - - ---- ---- ---- ----- -- Section 2: City Clerk and City Treasurer-------------------- 8 I Section 3: Mayor --------------------------------------------------------------- 8 Section 4: Chief of Police -----._-------------------,------------------- 8 ii HUNTINGTON BEACH CITY CHARTER a` Section 5: City Assessor ---------------------------- ---------------- -- 9 Section 6: City Attorney ------------------------------------------------- 9 Section 7: Treasurer ----------.-------------------.--_-------------------------10 € : Section 8: City Clerk - ----10 Section 9: City Collector -------------------- Section 10: Auditor ..-- ----------------- Section 11: Qualification of Officers _-_ ---------------------11 ? Section 12: City Engineer ------------------------------------------------12 Section 13: Fire Chief .--------------------------- --------------------------13 Section 14: Bonds of Officers ------------------------------.-----------13 Section 15: Monthly Reports ... --------------.-----------14 Section 16: Annual and Special Audits ------------------------14 Section 17: Elective or appointive officers..-------.------.-----14 j ARTICLE VIII—Commissions, Departments and Bureaus--------15 Section 1: Planning Commission ------.-----------------------------15 Section 2: Health Department ----------------------------------------15 Section 3: Public Library -------------------------- ----------------------15 Y - E Section 4: Other Agencies -----_____-__- _-15 ARTICLEVIII-A ----------------------------- -----------------------------------------------15 x Section 1: Board of Education ------------------------------------------15 Section 2: Powers and duties -------- ------------- -- ----------15 Section 3: Election and term ______------------------------------------ x Section 4: High School not affected ---------.--------------------16 ARTICLE IX—City Court --------------------- -----------------------------------------16 Section 1: Judicial power -------.--------._-..--_--_.__-----------------16 Section 2: City Judge—Powers of-------._-_.------- --------------16 . Section 3: City Judge—When disqualified to act-- ---16 Section 4: Justice of the Peace—Office of City Judge_-17 Section 5: Fees-and fines ------------------------------------------ -------17 k yf Section 6: City Court Seal ____-:------ -------------- ----17 ------------- Section 7: If City Judge fails to appear.-------------------------17 Section 8: Clerk of City Court ----.---------------.-------------------17 ARTICLE X—Public Work, Materials and Supplies and Emergency Expenditures --------------------------------------------17 Section 1: Contracts ------------------------------------------------- Section 2: Bids ------------------------------------------------------------------- 18 Section 3: Paid by Special Assessment --------------------19 a ARTICLE XI—Taxation, Equalization and Finance --------------------19 Section 1: Power and duty of City Council ------------------19 Section 2: Meeting of City Council ------------------------------ 20 Section 3: Indebtedness and Bonds --------------------------------20 i^ n ARTICLE XII—Consolidation and Annexation --------------------------20 ! ra Section 1: Consolidation, provisions for ----------------------20 ARTICLE XIII—Initiative Referendum and Recall -------------------21 Section 1: Laws governing ------------------------------------------------21 Section 2: Duty of City Clerk--------------------------------------------21 4 HUNTINGTON BEACH CITY CHARTER iii ARTICLE XIV—Franchises --- ------------------------------------------- --------------21 Section 1: Granting of Franchises ---------------------------------- Section 2: Resolution of Intention, Notice and Public Hearing ----------------------21 Section 3: Term of Franchise ------------------------------------------22 Section 4: Eminent Domain ----------------------------------------------22 Section 5: Grant to be in lieu of all other franchises.-22 Section 6: Duties of Grantees ----------------------------------_ ----- Section 7: Exercising rights without franchise---------------24 ARTICLE XV—Miscellaneous --------------------------------------------------------24 Section 1: Claims .. --------------------24 Section 2: Saving Clause ------------------------------------------------24 Section 3: Effective date of Charter--------------------------------24 �. i i i i I �.1 ;i I i l i f i CHARTER OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA s ARTICLE I-Name and Succession Section 1. The municipal corporation now existing and known as the "City of Huntington Beach," California, shall re- main and continue 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 perpetual succession. ARTICLE II—Boundaries f Section 1. The boundaries of said City of Huntington Beach shall continue as now established until changed as authorized by law. ARTICLE III—Powers of the City Section 1. The City of Huntington Beach, as successor in interest to the municipal corporation of the same name herein- before created 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, at its option, to exercise any and all rights, powers and privi- leges, and to follow any and all procedures, heretofore or hereafter 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 oth- er 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, pos- sess and exercise, and is hereby given and granted, all pow- ers, privileges and rights which any municipal corporation n=y lawfully possess or exercise under the Constitution of this State whether in municipal affairs, proprietary matters or otherwise, and all powers, privileges and rights necessary or appropriate to a municipal corporation and the general wel- 2 HUNTINGTON BEACH CITY CHARTER fare of its inhabitants which are not prohibited by the Consti- tution of the State of Califomia, and which it would be com- petent for this Charter to set forth specifically or particularly; each and every power whether in municipal affairs, proprie- terry matters or otherwise which any municipal corporation in this State may now or hereafter lawfully possess or exercise, is hereby given and granted 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 f herein granted or incorporated herein by reference. Section 4. Extent of municipal jurisdiction. The munici- : a pal jurisdiction 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 provisions of this Charter, shall be the same as those prescribed by the general laws of the State for the qual- ification of electors at general State elections. No person ,V shall be eligible to vote at such City election until he has con- . formed to the general State law governing registration of voters. Section 3. Elective Officers. No person shall be eligible to or hold any elective office of the City either by election or appointment, unless he shall have been a resident and elector thereof for at least one year next preceding his election or f appointment. Section 4. Election Authorities. All elections provided for a by this Charter, 'whether for choice of officers or submission of questions to the voters, shall be conducted in accordance x> with the general election laws of the State of California ap- plicable to cities of the sixth class, and the provisions of such general election laws of the State of California shall ap- ply 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 precinct shall.be filed with the City Clerk and shall be can- vassed by the City Council at the regular meeting of such Council on the first Monday after the expiration of five (5) full HUNTINGTON BEACH CITY CHARTER 3 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 proposi- tions submitted at such election. Upon the completion of the canvass the City Council shall pass a resolution reciting the fact of the election and such other matters as are required by the said general election laws applicable to 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 j election, qualification and installation of their respective suc- cessors. Each newly elected member of the City Council be- fore entering upon his duties shall take the oath of office. Immediately after the result of the election is officially de- clared by the City Council, the Clerk shall, under his hand and the official seal of said City, issue a certificate of election for each and every person elected thereat, and serve the same personally or by mail on each such person. Section 6. All elective officers holding office when this Charter takes effect shall continue to hold office and exercise their respective offices until the expiration of the term to which they were originally elected and until the election and quali- fication of their successors, and said officers shall be entitled to re-election. All other officers and employees in office or, employed shall continue to hold office and their respective po- sitions and to exercise their respective duties and employ- ments until they may be removed as in this Charter provided, or the election or appointment and qualification of their suc- cessors. Section 7. Within not more than sixty (60) days, nor less than thirty (30) days, after the approval of this Charter by the Legislature of the State of California, the City Clerk shall call an election to fill the additional offices made elective under this Charter and the officers so elected shall hold office for the full term as in this Charter provided, and until their successors are elected at a general municipal election and qualified. ARTICLE V—Legislative Power Section 1. All legislative powers of the City shall be j vested, subject to the terms of this Charter and of the Con- stitution of the State of California, in a City Council, except such legislative powers as are reserved to the people by this Charter and the Constitution of the State. Section 2. Council. The Council shall be composed of five (5) councilmen including a mayor, and shall be the legis- lative body of the City, each of the members of which, includ- ing the mayor shall have the right to vote upon all questions before it. The members of the City Council shall be elected as in this Charter provided, and shall hold office for four (4) years a#� A HUNTINGTON BEACH CITY CHARTER s and until their successors are elected and qualified. Any vacancy occurring in the Council shall be filled by full '` the remaining councilmen, but in the event that said remain- ing councilmen fail to fill such a vacancy by appointment within thirty (30) days after the vacancy occurs, they must im- mediately cause an election to be held to fill such vacancy; provided, however that any person appointed to fill such va- cancy shall hold office only until the next regular municipal election, at which date a person shall be elected to serve for the remainder of such unexpired term. In case a member of the Council is absent from the City for a period of sixty (60) days, unless by permission of the Council, his office shall be declared vacant by the Council f F and the same filled as in the case of other vacancies. �. Section 3. Meetings. Regular meetings of the City Coun- cil shall be held on the first Monday after the expiration of five j. (5) full days after each municipal election, whether general or Y P special. At the meeting held pursuant to the above require- ] ment next following each general municipal election, and af- ter the installation of the newly elected officers the City Coun- cil shall choose one of its members to be Mayor. v u The City Council shall also hold regular meetings at least x once in each month at such time 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 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; pro- vided, however, that an special meeting of the City Council z=:9 Y Y 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 hold- ing 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 written consent, all meet- ings of the City Council shall be held within the corporate limits of the City at such place as may be designated by or- dinance 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 HUNTINGTON BEACH CITY CHARTER' 11 The City Clerk or his deputy or assistant, shall be pres- ent 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, respect- ively, he shall record all ordinances and official bonds; he shall keep all of the books properly indexed and open to the public inspection when not in use. The City Clerk shall have power to take affidavits and administer oaths in all matters relating to the business of the City, and shall make no charge therefor. The City Clerk shall perform such other duties as may be prescribed 9y this charter, or by resolution or ordinance of the City Council. t Section 9. City Collector. It shall be the duty of the Col- lector to collect all taxes levied by the Council and other mon- eys due the City. He shall, at the close of each business day, pay to the treasurer all taxes or other funds of the City col- lected 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 delin- quent tax list, take his receipt for the same. He shall be charged with all taxes levied upon real and personal prop- , erty 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 resolution. Section 10. Auditor. No one shall be eligible for elec- tion to or to hold the office of auditor who is not a certified public accountant, or who has not had at least three years practical experience in accounting and bookkeeping. The auditor shall be the general accountant of the City. He shall retain and preserve in his office all accounts, books, vouch- ers, 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 ti shall always know the exact condition of the treasury. He shall approve no demand unless the same has been allowed by the Council and he is satisfied that the money is lawfully due. He shall possess such other powers and perform such additional duties as provided elsewhere in this charter or as may be prescribed by resolution or ordinance. Section 11. Qualifications of Appointive Officers. Except as otherwise provided in this charter, all officers of the City shall have been-a resident and elector of the City of Hunt- i 1 12 HUNTINGTON BEACH CITY CHARTER ington Beach for at least one year next preceding his ap- pointment; provided, however, that this section shall be in- operative 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 ac- ceptable 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 Superintendent, and Building Inspector, and shall be appoint- ed by the City Council and shall be a civil engineer licensed I; in the State of California and of not less than three years' professional experience. He shall receive such salary or com- pensation as the City Council shall by ordinance or resolu- tion prescribe. He shall perform such civil engineering and surveying necessary in the prosecution of public work done under the direction or supervision of the City Council as the said council may require. He shall make such certificates and reports upon the progress of such work, and shall make such surveys, inspections and estimates, and perform such other surveying or engineering work, as may be required by law or E ordinance or by resolution or order of-the City Council. He shall have all the powers and perform all the duties imposed upon him by this Charter, the ordinances of the City } of Huntington Beach and the orders of the City Council, and shall be the custodian of and responsible for all maps, plans, f profiles, field notes and other records and memoranda belong- ing 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 i 1 memoranda of surveys and other professional work made or j 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 Inspector may appoint such assistants, deputies, clerks, stenog- raphers 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 Su- perintendent or Building Inspector. As Street Superintendent, subject to the provisions of this Charter and all ordinances of the City of Huntington Beach and ¢ laws of the State of California applicable thereto, he shall ! manage and have charge of the construction, improvement, j repair and maintenance, and the keeping open and unob- structed, of streets, sidwalks, alleys, lanes, courts, bridges, j viaducts and other public highways; of all sewers, drains; i ditches, culverts, canals, streams and water courses; of boule- vards, squares and other public places and grounds belong- ing to the City or dedicated to public use, except waterworks, II, ! (l' i ;. HUNTINGTON BEACH CITY CHARTER 13 parks, playgrounds and school grounds, and property. He shall manage market houses, free markets, sewage disposal plants and farms, garbage disposal systems, plants and works; and all other public works not otherwise provided for in this Charter. He shall have charge of the enforcement of all the r obligations of privately owned or operated public utilities en- forceable by the City, except as otherwise provided in this ' Charter. He shall have charge of the cleaning, sprinkling and lighting of streets and other public places; the collection and disposal of garbage and waste; and preservation of all con- tracts, papers, plants, tools, machinery and appliances be- longing 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 1 otherwise provided for in this Charter, which hereafter may be f assigned to his department by ordinance or resolution of the I City Council. As the Street Superintendent, he shall possess such pow- ers as are designed by ordinance, and as Building Inspector, he shall possess 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 control of the City Council, shall have general super- vision and management of the Fire Department. He shall perform such other duties as the council may from time to time impose. Section '14. Bonds of Officers. Officers and employees of the City 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 employees shall give such official bonds as may be required by this Charter or ordinance of said City of Huntington Beach. The City Council shall fix by ordinance or resolution the penal sum of all official bonds, and may at any time by or- dinance 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 Attor- - ney as to form. All such bonds shall be filed in the office of *sa the City Clerk, excepting the bond of the City Clerk, which shall be filed in the office of the City Treasurer. fs Every bond shall contain a condition that the'principal a' 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 a office he will surrender to his successor all property, books, gar F u F, 14 HUNTINGTON BEACH CYPY CHARTER ;x S papers and documents that may come into his possession as such. The premium or charge for all official bonds of all offi- i cers and employees City required 4�5; ployees of said Ci re iced to give bonds, either •' by this Charter or by general law, or by ordinance or reso- lution of said Cit y, shall be paid by the City. s, Section 15. Monthly Reports. All officers having the col- lection of public moneys, or the custody thereof, and all offi- cers and employees required by ordinance so to do, shall submit monthly financial 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 Coun- cil shall employ a public accountant of firm of certified public p Y P accountants, or a public acmountant familiar with municipal and governmental affairs annually to investigate the trans- actions and accounts of all officers and employees having the collection, custody or disbursement of public money or prop- erty, or the power to approve, allow or audit demands on the treasury, and said City Council may authorize such account- ant or firm of accountants to make an investigation at any time with reference to any condition relating to the affairs of said City of Huntington Beach or any officer or employee con- nected therewith, as to any matter or condition upon which said council may require a report concerning the affairs of said City. Section 17. The City Council may submit to the electors at any general or special election an ordinance providing that the elective officers, or any of them, other than councilmen, may thereafter be appointed, or an ordinance providing that the appointive officers, or any of them, shall thereafter be elective officers; provided, that the provisions of the initiative f shall apply hereto. LN In the event the elective officers, or any of them, are made appointive, then at the expiration of the terms of office of the then incumbents of such offices, or upon the occurring of a r vacancy in such offices, the offices shall be filled by appoint- ", ment by the City Council and the officers so appointed shall hold office at the pleasure of the Council, or for such term as _ may be provided in said ordinance. In the event appointive offices are made elective then said office or officers shall thereafter be elected for a term of four (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 special election the term of office shall date from the nearest general municipal election; provided, however, that where an ap- pointive officer is appointed for a definite term, his successor _ shall not be elected until the expiration of said term. c � ._. _ ... _._ __......._.__ ..._.. q. _..,. HUNTINGTON BEACH CITY CHARTER 15 ARTICLE VIII—Commissions, Departments and Bureaus Section 1. Planning Commission. A City planning com- mission may be created by ordinance and in such case said city planning commission shall be vested with all the powers and shall discharge the duties as prescribed by such ordi- nance. Section 2. Health Department. A City Health Depart- ment may be created by ordinance or resolution and in such case such city health department shall be vested with, the powers and discharge the duties prescribed by ordinance or resolution, or the City Council may in lieu thereof arrange an agreement with the County of Orange by which the City and County Health Departments may be consolidated. Section 3. Public Library. A public library or libraries for the City of Huntington Beach shall be maintained and managed in accordance with the provisions of the general laws of the State of California as the same now exist or as they may hereafter be amended. Section 4. Other Agencies. Creation and designation of the powers and duties of other boards, departments, commis- sions and agencies shall be within the discretion of the said - City Council to be manifested by way of ordinance. ARTICLE VIII-A Section 1. Board of Education. The control of the public school department of the City of Huntington Beach, including the whole of the Huntington Beach Elementary School District, as the same now exists or may hereafter be changed and exist as provided by law, shall be vested in a Board of Edu- cation 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 presbribed by the Constitution and the laws of the State of California. Section 3. Election and Term. The members of the Board of Education shall serve for terms of three (3) years from the 1st day of July in each year and until their success- ors are elected and qualified; provided, hcxwever, that the Trustees of the Huntington Beach Elementary School District who shall be in office at the time this Charter.Amendment is approved by the State Legislature shall become members of the City Board of Education. Each of said members shall remain in office until the expiration of the term for which he was elected School Trustee, provided that within thirty (30) days after the effective date of this Charter Amendment the three members of the Board of Education shall appoint the two additional members to serve until the next succeeding regular election, at which time three members shall be elect- x p ;. 16 HUNTINGTON BEACH CITY CHARTER ed; the two receiving the highest vote to serve for three years j; 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 a of Education to fill the terms of members expiring in that year. All vacancies in the Board of Education shall be filled by vote of.the remaining members of the Board of Education for the unexpired term thereof. ' Section 4. The present High School, being a Union High r School, is not affected by this Article. (1941 Stat. 185). ARTICLE IX—City Court Section 1. The judicial power of the City of Huntington r Beach shall be vested in a city court, which court is hereby established. The City Judge shall hold said City Court and said court shall have jurisdiction concurrently with the Jus- tice's Courts, of all actions and proceedings, civil and crim- inal ,arising within the corporate limits of the City of Hunting- "' ton .Beach and which might be tried in such Justice's Court. Said City Court shall have exclusive jurisdiction of all ac- tions for the recover y of any fine, penalty or forfeiture not exceeding Five Hundred Dollars ($500.00), prescribed for the breach of any ordinance of the City; of all actions founded upon any obligation or liability created by any ordinance; and of all prosecutions for any violation of any ordinance. The rules of practice and mode of proceedings in said City r Court shall be the same as are or may be prescribed by law for Justice's Courts in like cases. Appeals may be taken to the Superior Court of Orange County, from all judgments of said City Court, in like manner and with dike effect as in cases of appeals from Justice's Courts. Section 2. The City Judge shall the the powers and perform the duties of a magistrate. He may administer and Y> certify oaths and affirmations. Section 3. In all cases in which the City Judge is a party or in which he is interested, or when he is related to either ' party in an action by consanguinity or affinity within the third degree, or is otherwise disqualified, or in case of sick- ness, or inability to act, the City Judge by written request may call in any City Judge or any Justice of the Peace re- siding 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 y ' such City Judge or Justice of the Peace, the Mayor may call in a City Judge or 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 Coun- v cil may,call in a City Judge or Justice of the Peace or ap- c I i HUNTINGTON BEACH CITY CHARTER 17 point 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 Coun- cil 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 4. A Justice of the Peace shall not be disquali- fied from holding the office of City Judge. Section 5. All fees and fines received or collected by (` the said Court shall be the property of the City of Huntington 1 Beach and shall be deposited with the Treasurer -at least I once each week. Section 6. The City Court shall have a seal bearing the inscription "City Court, City of Huntington Beach, Cal- ifornia." 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 or any police offi- cer, 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 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 em- ployee or city official shall not be disqualified, by reason of such employment, from holding said office. Said Clerk shall have such power and duties and receive such compensation as the City Council may by ordinance provide. ARTICLE X—Public Work, Materials and Supplies and Emergency Expenditures Section 1. In any project for the erection, improvement and repair of public buildings and works, in all work in or about streams, bays, or water fronts, or in or about embank- ments, or other works for protection against overflow, in all street or sewer work exclusive of maintenance or repair; and in the furnishing of any supplies or materials for any such project inclusive of projects for maintenance or repair of 1° t j E E 18 HUNTINGTON BEACH CITY CHARTER i streets or sewers, when the total exenditures required for the A. same exceed the sum of Five Thousand Dollars ($5,000), the same shall be done by contract and shall be let to the lowest responsible bidder after notice, which shall consist of the publication of a notice inviting bids by two or more inser- tions 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 specifically state the work contemplated to be done; provided, that the City Council may reject any and all bids presented and readvertise, in its dis- cretion, and if any two or more bids are the same and are the lowest bids received, the Council may accept whichever 1 one it chooses; provided further, after rejecting bids, the city council may declare and determine by a four-fifths vote of all Its members that in its opinion the work in p question may be performed more economically by force account or the mate rials or supplies furnished at a lower price in the open mar- ket, and after the adoption of a resolution to this effect it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this section; and provided further, that if, without inviting bids, the City r. Council shall satisfy itself that the work may be performed by force account, or the materials or supplies procured in the open market, at a cost less than would result from in- viting bids, and shall so declare and determine by a unani- mous vote of all its members, it may proceed to have such work done or said materials or supplies procured in the man- ner stated, without further observance of the foregoing pro- visions of this section; and provided further, that in case of a great public calamity such as an extraordinary fire, flood, storm, epidemic or other disaster, or in the doing of emer- gency work deemed necessary in preparation for National or local 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 immediate ex- penditure of public money to safe-guard life, health or prop- erty, and thereupon it may proceed to expend or enter into a contract involving the expenditure of any sum required in such emergency. �t Section 2. In the event there is more than one newspaper of general circulation printed and published in such 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 in said City. Said contract shall include the print- �, ing and publishing of all such legal notices during the ensu- ing 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 A, J: HUNTINGTON BEACH CITY CHARTER 19 newspaper for the printing and publishing of such legal notices without being required to advertise for bids therefor. Section 3. Nothing in this Article contained shall be con- strued as applicable to work or materials, 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 followed. ARTICLE XI—Taxation, Equalization and Finance Section 1. The City Council shall have the power, and it shall be its duty, to provide by ordinance a system for the d assessment, levy and collection of all city taxes not inconsist- ent with the provisions of this chapter. Nothing herein shall prevent the City Council from exercising the power granted by general laws of the State of California relative to the assess- ment and collection of taxes by county officers. All taxes assessed, together with any percentage imposed for delin- quency and the costs of collection, shall constitute liens on the property assessed; and every tax upon personal property shall be a lien upon the real property of the owner thereof. The liens provided for in this section shall attach as of the first Monday in March of each year, and may be enforced by; a sale of the real property affected, and the execution and de- livery of all necessary certificates and deeds therefor, under such regulations 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 with a redemption period of at least five years and upon such terms as the City Council may prescribe by ordinance. All deeds made upon any sale of property for taxes or special assessments under the provisions of this chap- ter shall have the same force and effect in evidence 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 ef- fect of an execution levied against all property of the delin- quent. The judgment is not satisfied nor the lien removed until the taxes are paid or the property sold for the payment there- of; provided, that the lien of every tax whether now exisiting - or hereafter attaching shall cease to exist for all purposes after thirty years from the time said tax became a lien; and every tax whether now exisiting or hereafter attaching shall cease to exist for all purposes after thirty years from the time } said tax became a lien; and every tax whether now existing or hereafter levied shall be conclusively presumed to have been paid after thirty years from the time the same became a lien, unless the property subject thereto has been sold in the manner provided by law for the payment of said tax. F; j 20 HUNTINGTON BEACH CITY CHARTER Section 2. The City Council shall meet at 7:30 P.M. on the second Monday of July of each year, and sit as a board of equalization, and shall continue in session from day to day until all the returns of the assessor have been rectified. It shall have power to hear complaints, and to correct, modify, or strike out any assessment made by the assessor, and may, of its own motion, raise any assessment upon notice to the party whose assessment is to be raised. The corrected list for each tax shall be the assessment roll for said tax for said year. It shall be certified by the City Clerk, who shall act as clerk of the board of equalization, as being the assessment role for said tax, and shall be the assessment roll upon which said tax is to be levied in said year. a Notice shall be given of the time and place of sitting in such manner as may be prescribed by ordinance. Section 3. Indebtedness and Bonds. The City may incur indebtedness for expenditures for municipal purposes which x 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. ARTICLE XII—Consolidation and Annexation Section 1. The City of Huntington Beach may consolidate with any other contiguous municipal corporation of the State of California, under and pursuant to the provisions of any laws of said state which may be applicable to the consoli- dation of such municipal corporations at the time thereof; pro- vided, however, that no such consolidation, in or by which the said City of Huntington Beach assumes any part or portion of any outstanding or authorized bonded indebtedness of such } other municipal corporations, shall ever become effective or be consummated for any purpose whatsoever, unless and un- til at least two-thirds of the qualified electors of said City of Huntington Beach, voting at such consolidation election, shall have voted in favor of such consolidation, and in favor of making the property within said City of Huntington Beach, after such consolidation, liable or subject to taxation with the i property in said other municipal corporation for the payment of such bonded indebtedness or any portion thereof of such other municipal corporation. I' 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 unin- habited territory or inhabited territory, or both, in accordance I' 1;' HUNTINGTON BEACH CITY CHARTER 21 with the General Laws of the State of California relating to the annexation 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 y of this charter, and all action under the initiative, referendum and:recall in said City of Huntington Beach shall be taken in I accordance with said laws. Section 2. The city clerk shall compare the names of the persons appearing upon any initiative, referendum, recall or other petition or paper, requiring the signatures of qualified electors of said city, with the registration of electors of said city as shown on current records of the registration of electors of the County of Orange, California, and shall make a report for the information of said council as to the sufficiency or in- sufficiency of any such petition or paper as regards the num- ber of signatures of qualified electors appended thereto. The sufficiency or insufficiency of any such petition or paper shall be determined as promptly as reasonably possible, and with the consent of the council said clerk may, at the expense of said city, employ such assistance as may be necessary in order so to do. ARTICLE XIV FRANCHISES Section 1. Granting of Franchises. Any person, firm or corporation furnishing the City or its inhabitants with trans- portation, communication, terminal facilities, water, light, heat, power, refrigeration, storage or any other public.utility or serv- ice, or using the public streets, ways, alleys, or places for the operation of plants, works, or equipment for the furnishing thereof or traversing any portion of the city for the transmitting or conveying of any such service elsewhere may be required by ordinance to have a valid and existing franchise. The City Council is empowered to grant such franchise to any such person, firm or corporation, whether operating under an exist- ing franchise or not. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by procedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject to the provisions of this Charter. Section 2. Resolution of Intention. Notice and Public Hearing. _.Before granting any franchise, the City Council shall pass a resolution declaring its intention to grant the same, stating the name of the proposed grantee, the character of the franchise and the terms and conditions upon which it is pro- posed to be granted. Such resolution shall fix and set forth i s 22 HUNTINGTON BEACH CITY CHARTER i the day, hour and place when and where any persons having ;< any interest therein or any objection to the granting thereof may appear before the City Council and be heard thereon. It shall direct the City Clerk to publish said resolution at least once, within fifteen days of the passage thereof, in the official newspaper. Said notice shall be published at least ten days prior to the date of hearing. At the time set for the hearing the City Council shall pro- ceed to hear and pass upon all protests and its decision there- on shall be final and conclusive. Thereafter, it may grant, or deny, the franchise, subject to the right of referendum of the people. s Section 3. Term of Franchise. Every franchise shall state the term for which it is granted, which, unless it be indeter- minate as provided for herein, shall not exceed twenty-five years. A franchise grant may be indeterminate, that is to say, it may provide that it shall endure in full force and effect until the same, with the consent of the Public Utilities Commission of the State of California, shall be voluntarily surrendered or abandoned by its possessor, or until the State of California, or some municipal or public corporation, therunto duly author- ized by law, shall purchase by voluntary agreement or shall condemn and take, under the power of eminent domain, all property actually used and useful in the exercise of such fran- chise and situate within the territorial limits of the State, mu- nicipal or public corporation purchasing or condemning such property, or until the franchise shall be forfieted for noncom- pliance with its terms by the possessor thereof. Section 4. Eminent Domain. No franchise grant shall in any way or to any extent impair or affect the right of the City to acquire the property of the grantee thereof either by pur- chase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in per- petuity, the City's right of eminent domain with respect to any public utility. No such franchise shall ever be given any value before any Court or other public authority in any pro- ceedings of any character in excess of the cost to the grantee of the necessary publication and any other sum, paid by it to i:. the municipality therefor at the time of the acquisition thereof. I Section 5. Grant to be in Lieu of all other Franchises. j 1" Any franchise granted by the City with respect to any given utility service shall be in lieu of all other franchises, rights or privileges owned by the grantee, or by any successor of the grantee to any right under such franchise, for the render- ing of such utility service within the limits of the City as they now or may hereafter exist, except any franchise derived un- der Section 19 of Article XI of the Constitution of California as HUNTINGTON BEACH CITY CHARTER 23 said existed prior to the amendment thereof adopted October 10, 1911. The acceptance of any franchise hereunder, shall operate as an abandonment of all such franchises, rights and privileges within the limits of the City as such limits shall at any time exist, in lieu of which such franchise shall be x granted. Any franchise granted hereunder shall not become ef- fective until written acceptance thereof shall have been filed s' by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten days after the adoption of the ordi- nance granting the franchise, or any extension thereof granted by the City Council, and when so filed, such acceptance shall constitute a continuing agreement of such grantee that if and when the City shall thereafter annex, or consolidate with, ad- ditional territory, any and all franchises, rights and privileges owned by the grantee therein, except a franchise derived un- der said constitutional provision, shall likewise be deemed to be abandoned within the limits of such territory. No grant of any franchise may be transferred or assigned by the grantee except by consent in writing of the City Council and unless the transferee or assignee thereof shall covenant and agree to perform and be bound by each and all of the terms and ' conditions imposed in the grant or by procedural ordinance and by this Charter. Section 6. Duties of Grantees. By its acceptance of any franchise hereunder, the grantee shall covenant and agree to perform and be bound by each and all of the terms and con- ditions imposed in the grant, or by procedural ordinance and shall further agree to: a. Comply with all lawful ordinances, rules and reg- ulations theretofore and thereafter adopted by the City Council in the exercise of its police power governing the construction, maintenance and op- eration of its plants, works or equipment; b. Pay to the City on demand the cost of all repairs :.� to public property made necessary by any of the operations of the grantee under such franchise. - ` c. Indemnify and hold harmless the City and its of- ficers from any and all liability for damages proximately resulting from any operations and under such franchise; d. Remove and relocate without expense to the City any facilities installed, used and maintained un- der the franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley or place, including the construction of any subway or via- D t - I, r � :i 24 HUNTINGTON BEACH CIT+Y CHARTER r duct, or if the public health, comfort, welfare, con- venience, or safety so demands; and e. Pay to the City during the life of the franchise a x percentage, to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other compensation as the City Council may prescribe in the grant. Section 7. Exercising Rights Without Franchise. The ex- ercise by any person, firm or corporation of any privilege for which a franchise is required, without possessing a valid and existing franchise therefor, shall be a misdemeanor and shall be punishable and each day that such condition continues to exist shall constitute a separate violation. 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 de- mand for the same has been presented to the City Council and rejected in'whole or in part by the City Council. If re- jected in part, suit may be brought to recover the whole., Ex- cept in those cases where a shorter period of time is provided by law, all claims for damages against the City must be pre- sented 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 the account of claim is approved. Section 2. If any section or part of any section of this charter proves to be invalid or unconstitutional, it shall not be held to invalidate or impair the validity or constutionality of any other section or part of a section hereof. Section 3. This charter shall take immediate effect and be in full force from and after the time of its approval by the Legislature of the State of California. Fl k I$ l City Charter .amendments TheyhysicaCfiCe may contain the ortgtnaC(s) of, for exampCe, proposed amendments, y u6Cic hearing notices or bookCets, but in aCCcases they are exact dupCicates of this eCectronicfiCe.