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HomeMy WebLinkAboutProposed Charter Amendments, City Election April 13, 1948 Assembly Concurrent Resolution No. 43 Adopted in Assembly January 25, 1949 Arthur A.Ohnimus -------------------------------------- Chief Clerk of the Assembly Adopted in Senate January 26, 1949 J.A.Beek --------------------------------------- Secretary of the Senate This resolution was received by the Secretary of State this 2-71h--day of_,T nuary___� 1949, at_-11---o'clock_!ss. Deputy Secretary of State - 9 — 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 inviting bids, and shall so declare and determine by a unanimous vote of all its members, it may proceed to have such work done or said mate— rials or supplies procured in the manner stated, without further observance of the foregoing provisions of this section; and pro- vided 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 emergency work deemed necessary in prepara- tion 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 tha immediate expenditure of public money to safeguard life, health or property, and thereupon it may proceed to expend or enter into a contract involving the expenditure of any sum required in such emergency. CHARTER AMENDMENT NO. 8 That the Charter of the City of Huntington Beach is hereby amended by amending Section 3; Article XI thereof to read as follows: Section 3: 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. CHARTER AMENDMENT NO. 9 That the Charter of the City of Huntington Beach is hereby amended by amending Sections 1, 2, 3, 4 and 5, by amending Sections 6 and 7 to Article XIV to read as follows: 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 sere- 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 t -- 10 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 per- son, firm or corporation, whether operating under an existing franchise or not. The City Council may prescribe the terms and conditions of any such grant. It may also provide, by pro- cedural 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 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 news- paper. 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 thereon shall be final and conclusive. Thereafter, it may grant, or deny, the franchise, subject to the right of referendum of the people. Section 3: Term of Franchise. Every franchise shall state the term for which it is granted, which, unless it be inde- terminate 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 thereunto duly authorized by law, shall purchase by voluntary agreement or shall con- demn and take, under the power of eminent domain, all prop- erty actually used and useful irk the exercise of such franchise and situate within the territorial limits of the State,municipal or public corporation purchasing or condemning such property, or gntil the franchise shall be forfeited for noncompliance with its terms by the possessor thereof. Section 4 Eminent Domain. No franchise grant shall in any w4y or to any extent impair or affect the right of the City to acquire the property of the grantee thereof either by purchase or through the exercisQ of the right of eminent domain, rll - and nothing herein contained shall be construed to contract. away or to modify or to abridge,either for a term or in perpetu= ity, 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 proceedings of any character in excess of the cost.to the grantee of the necessary publication and any other gum paid by it to the municipality therefor at the time of the acquisition thereof. Section 5: Grant to be in Lieu of all other Franchises. 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 rendering of such utility, service within the limits of the City as they now or may hereafter exist, except any franchise derived under Sec- tion 19 of Article XI of the Constitution of California as 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 granted. Any franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall be filed within ten days after the adoption of the ordinance grant- ing 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, additional territory, any and all franchises, rights and privileges owned by the grantee therein, exeept a franchise derived under said constitu- tional 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 condi- tions imposed in the grant,or by procedural ordinance and shall further agree to': a. °Comply with all lawful ordinances, rules and regula- tions theretofore or thereafter adopted by the City Council in the exercise of its police power governing the construction, maintenance and operation of its plants, works or equipment; — 12 ' 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. e. Indemnify and hold harmless the City and its officers from any and all liability for.damages proximately resulting from any operations under such franchise; d. Remove and relocate -without expense to the City any facilities installed, used and maintained under the franchise if and when made necessary by any lawful change of grade, align- ment or width of any public street,way,alley or place,including the construction of any subway or viaduct, or if the public health,comfort,welfare,convenience,or safety so demands;and e. Pay to the City during.the life of the franchise a per- centage,to be specified in the grant, of the gross annual receipts of the grantee within the limits of the City, or such other com- pensation as the City Council may prescribe in the grant. Section 7: Exercising Rights Without Franchise. The exercise 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. That we have compared the foregoing amendments 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 amendments to said Charter are true. That as to said amendments this certificate shall be taken as a full and complete certification as to the regularity of all pro- ceedings had and done in connection therewith. IN WITNESS WHEREOF,We have hereunto set our hands and caused the corporate seal of the said City of Huntington Beach to be affixed hereto this 21st day of January,1949. JACK GREER (SEAL) Mayor of the City Council of the City of Huntington Beach, California. JOHN L. HENRICKSEN City Clerk of the City of Huntington Beach, California and, 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 — 13 — 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. �y � � �- Ir` u\I A I r_ ....' a a`i•�r ��L �t ��� �.� ��., {+�4.�5-, � s T 'C,k fp, y T qse, r � - i`� y ''c.�� �"�t� �,: � � " ,� ,���� a�,�.�, � �'�� ter''�,, i ,/��i�I •�I�.Sz�/ -24NAI Ya y" Assembly Concurrent Resolution No.43 Adopted in Assembly January 25, 1949 ---------------- ---------------- xe f Clerk of the Assembly Adopted in Senate January 26, 1949 ----------------- -- --------------- P S cr ary of the Senate i f 1 This resolution was received by the Secretary of State this ____day of 1949,at__Ll____o clocl-1.41 -nz. ----- - ------ - -- -- -- -------- D ty Sec ary of State r Ir J — 3 — CHAPTER_—b___ Assembly Concurrent Resolution 11%o. 43—Relative to approving 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 the general municipal election held therein on the thirteenth day of April,1948, WHEREAT$, Proceedings have been taken and had for the proposal, adoption and ratification of amendments to the charter of the City of Huntington Beach, a municipal corpora- tion 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: CgRTIFICATE OF RATIFICATION BY ELECTORS OF THE CITY OF HUNTINGTON BEACH OF EIGHT CERTAIN CHARTER AMENDMENTS 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-officio Clerk of said City Council of the City of Huntington Beach, do hereby certify and declare as follows: That the City:of Huntington Beach, a municipal 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 $I of the Constitution of the Mate of California, and #R fug compliance witL-the provisions of the City ,Charter and ordi- nanees of said city and the law of the State of California witlb i i - 4 — reference thereto, the City Council of the City of Huntington Beach, being the legislative body thereof, did submit an amend- ment to the City Charter as proposed by the electors of said city and designated as Charter Amendment No. 1, and at.the same time the said City Council of its own motion did also sub- mit Charter amendments No. 2, 3,4, 5, 6, 7, 8 and 9 to be voted upon by said qualified electors at the general municipal election called and held in said city on the 13th day of April, 1948. That said proposed amendments were published and adver- tised in accordance with Section 8 of Article NI of the Consti- tution 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 pamphlet 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 the charter of the City of Huntington Beach, the general election was held in said city on the 13th day of April, 1948, which day was not less than forty.nor more than sixty days after the completion of the publication and advertising of the proposed amendments aforesaid in the Huntington Beach News; and said Council of said city did by resolution duly adopted on the 25th day of February, 1948, order said proposed charter amendments and all of them,submitted, as aforesaid at the general election to be held in said city on the said 13th day of April, 1948. 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 eight of the proposed amendments to the charter of said city. .That the City Council of the said City of Huntington Beach, in accordance with the law in such cases made and provided, did meet on the,19th day of April, 1948, at its usual time and place of meeting and duly canvassed the returns of said election as:certified by the election.boards and thereafter, on the 19th day of April, 1948;by-resolution,duly found, determined and declared that said proposed amendments to the.Charter of the r J, i - 5 - City of Huntington Beach numbers 2, 3, 4, 5, 6, 7, 8 and 9, and each and every one of them were ratified by a majority of the electors of said city voting thereon and that said proposed Charter Amendment No. 1, received less than a majority of the votes of the -qualified electors voting thereon and was not ratified. The said amendments to the charter so ratified by the electors of the City of Huntington Beach are in words and figures as follows, to wit: CnARTER AMENDMENT I\To. 2 That the Charter of the City of Huntington Beach is hereby amended by amending Section 2 of Article III thereof to read as follows: Section 2: The City of Huntington Beach shall have the right and power to make and enforce all laws and regula- tions in respect to municipal affairs, subject only to the restric- tions 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 author- ized, at its option, to exercise any and all rights, powers and privileges, 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 other things, of the provisions of the 1914 Amendment to Section 6 of Article XI of the Constitution of the State of California giving Cities Home Rule as to municipal affairs. CHARTER AMENDMENT No. 3 That the Charter of the City of Huntington Beach is hereby amended by amending Section 5 of Article 1V 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`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, - 6 — 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 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. CHARTER AaExn4mxT No. 4 That the Charter of the City of Huntington Beach is hereby amended by amending Section 3 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 each municipal election,whether gen- eral 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 members to be Mayor. The City Council shall also hold regular meetings at least 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 reg- ular meeting for all purposes. Such adjourned meeting may likewise be adjourned and when so adjourned shall be a reg- ular meeting for all purposes. Special meetings may be called at any time by the Mayor or by three (3) members of the City Council, by written notice delivered personally to each member at least three (3) hours before the time specified for the proposed meeting; provided, however, that any special meeting of the City Council shall be #validly called special meeting,without the giving of such writ- tent notice,as above provided,if all members of the City Council shall give their consent in writing to the holding of such meet- ing, and such consent is on file in the office of the City Clerk At the time of holding such meeting. A telegraphic communica- tion 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 apecial meeting the power of the City Council to transact busi- ness shall be limited to matters referred to in such written notice or written consent, all meetings of the City Council shall be held within the corporate limits of the City at such place as may be designated by ordinance and shall be public. i J - 7 — In the event that any order of adjournment of a regular meeting fails to state the hour.at which any adjourned meeting is to be held, such adjourned meeting may be validly held on the day specified in the order of adjournment if held at the hour.set_forth in the 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. C-ff A AMM-NDMENT No. 5 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 pub- lished at least once in a newspaper of general circulation pub- lished 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. CnARTEs A3=Dm rrT No. 6 That the Charter of the City of Huntington Beach is hereby amended by amending Section 3 of Article VII thereof to read as follows: Section 3: Mayor. The mayor shall preside at the meet- ings of the City Council, and in case of his absence or inability to act, the City Council shall appoint a mayor pro tempore, who shall serve only until such time as the mayor returns and is able to act, and who for such period shall have all of the powers and duties of the mayor.The mayor shall have the power to make or second any motion and to present and discuss any matters,notwithstanding the fact that the mayor is the presid- ing 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 tempore. The mayor.shall sign all warrants drawn on the City Treasurer,and shall sign all written r - 8 — contracts and conveyances made or entered into by said city. The mayor shall have power to administer oaths and affirma- tions, to take affidavits and to testify the same under his hand. The mayor is authorized.to acknowledge the execution of all instruments executed by said city that are required to be acknowledged. In the event of a vacancy occurring in the office of the mayor for any cause, the Council.shall have the authority to fill such vacancy; 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. CHARTER AMENDMENT No. 7 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 buildings and works,in all work in or about streams, bays, or water fronts, or in or about embankments, or other works for protection against overflow, in all street or sewer work exclusive of maintenance or repair; and in the fur- nishing of any supplies or materials for any such project inclu- sive of projects for maintenance or repair of streets or sewers, when the total expenditures required for the 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 insertions thereof, not less than five days apart, in a newspaper of general circulation, printed . and published in such city, which publication shall be com- menced not less than 10 days prior to the date set in the notice for the opening of bids. Such notice shall distinctly and specifi- cally state the work contemplated to be done;provided,that the City Council may reject any and all bids presented and read- vertise, in its discretion, and if any two or more bids are the same and are the lowest bids received, the Council may accept whichever 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 question may be performed more economically by force account or the mate- rials or supplies furnished at a lower price in the open market, and after the adoption of a resolution to this effect it may pro- ceed 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 Council l � G t: IN LDORSED 16 FILED in the of off SOf thetate oS creCal ry of Sat* rnia 'JAN 2 71949 At— FRANK M,JORDAN,Secretary ofSt�t.� -AAS.J. HAGERTY,De;- _--SLI-L. -COLLINS - ----------------- Speaker of the Assembly GOODVJII J. I dImT -------------------------------------- President of the Senate Attest: --_MIK L1. TORDAN Secretary of State SEAL t: INOORSE ® FILED — is - in the office of the Secretary of State of the State of California JAN 2 7194 At o'clock-_-fl_J___M- FRANIA M.JORDAN,SecretaryofStato ` '_HAS.J.HAGERTY,Del -- --------- -- -------------- Speaker o the Assembly ------------------ - ------------ P e ent of the S to f i Attest: ----------------------- - ---------- S et y of State r City Charter .amendments 7'heyhyst"caCfiCe ma Y Of Of contain the originals) of, for examyCe, yroyosed amendments, p ublic hearing notices or booklets, but i'fn aCCcases they are exact diuv-vCtcates of this eCectroni'cfit"Ce. Proposed Charter Amendments City of Huntington Beach - California - 'I _ s ElectionZRI d'{ TUESDAY ".-.RII� 13 ey�+.� _ .. (Printed bp:Huntington Beach45, News) i 4 � c ^�s�. y p. C 1 f ry � INDEX CHARTER AMENDMENT NO. 1 Page "AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF :HARTER AMENDMENT No. 1 ___-__:._----___.-----;-- 3 „;; HUNTINGTON BEACH, CALIFORNIA, PROPOSED BY THE Section 1. Officers of the City " ELECTORS." Section 2. Method of Appointment. The Charter of the City of Huntington Beach is hereby Section 3a. City Manager. Section 3b. Interference in Administrative Service. " amended by adding to Article VII thereof, certain new sections Section 17. Civil Service. to be numbered Sections 3-a, 3-b-, 17-a, 17-b, 17-c, 17-d, 17-e, 17-f, Section 17a. Status of Officers and Employees. Merit Principle. 17-g, 17-h, 17-i, 17-j, and 17-k and to read as hereinafter provided Section 17b. Civil Service Commission. Section 17c. Powers and Duties of Civil Service Commission. by amending sections 1, 2 and 17 of Article VII of such Charter Section 17d. Classification of Officers and Employees. to read as hereinafter provided and by repealing Section II of , Section 17e. Recruitment of Officers and Classified List. Article VII thereof. Section 17f. Appointments. Section 17g. Abolition of Position. L'ay-offs. Section" 1. The officers of the City of Huntington®Beach Section 17h. Suspension, Demotion and Dismissal, ; shall be five members of the City Council; a City Manager; a Section 17i, Political Activities Prohibited.Section 17j. Prohibition. s City Clerk; a City Assessor; a City Treasurer; a City Engineer; ° Section 17k. Contract for Performance of Administrative e a Building Inspector; a Street Superintendent; a City Judge; a Functions. Chief of Police; a City Attorney; a City Auditor; a City Collector; and a Fire Chief. The City Council may provide by ordinance ,HARTER AMENDMENT No. 2 ____ _______ _______. :_--_ ------ 9- for such additional officers, assistants, deputies, clerks and em- Home Rule as to Municipal Affairs. ployees as it may deem necessary and may fix their respective duties, powers and compensations. :HARTER AMENDMENT No. 3 ----------------- .........----...:.........10" Where the positions are not incompatible the powers and duties of two or more offices may be combined in one office. Canvass, of Elections. Section 2;= All officers of the City other than the members MARTER AMENDMENT No. 4 .:................. .... .. 10 i of the City.Council shall be appointed. The City Council shall Providing for Meetings of City Council,. both rekular and appoint the City Manager, City Clerk, City Attorney and City special. Judge. The City Manager shall appoint all heads -of other depart- ',HARTER AMENDMENT No. 5 _-_- -------------- 1 T ments. Recording and Publication of Ordinances. Each officer appointed by the City.Council and each de- partment head appointed by the City Manager shall appoint MARTER AMENDMENT No. 6 _._-___..___ ------------------------ ----12 all assistants, deputies and employees provided for by the City Duties of Mayor and Appointments to fill Vacancy. Council for his department. Wherever in this,Charter the power of appointment or re- :HARTER AMENDMENT No. 7.....-----...------...........:.._._.__---.._.._._.._. 12 moval of appointive officers, assistants, deputies or employees Public Works to be done by Contract with Certain Exceptions. is vested in any appointive officer, other than the City Manager; any appointment or removal by such appointive officer shall 13 be subject to the approval of the City Manager prior to becom- MARTER AMENDMENT No. 8 -- ------- --- ------ ing effective. Indebtedness and Bonds be incurred as provided by Each appointive officer shall hold office at the pleasure of State Law.w. the Board or officer having the power of appointment of such HARTER AMENDMENT No. 9 .- ---- ----- 1 limited tea by thecer, l ng Civil Servipe provisionsas such ower of a oof ointment and removal is this-Charter. Section 1. Granting of Franchises. - Section 2. Resolution of Intention. Section 3-a. City Manager. The City Manager shall'be Section 3. Term of Franchise: chosen on the basis of his executive and administrative qualifi- Section 4. Eminent Domain. cations.. He shall be paid a salary commensurate with his re- Section 6., Duties of G Section 5. Grant to Grantees.in Lieu of:all other Franchises sponsibilities as chief administrative officer of the City. No City - _ Section 7. Exercising Rights Without Franchises a Alsdemeanor { Councilman shall receive such appointment during the term for ins which he shall have been elected, nor within one year after the expiration of his term. At the time of his appointment the City Manager need not .: be a resident of the City, but in such event shall thereafter es tablish residence therein. The City Manager shall be the chief executive officer and the head of the administrative branch of the City government.' ._ He shall be responsible to the City Council for the proper admin- istration of all affairs of the City, and he shall have power and be required to: (1) Exercise such powers of appointment and removal of appointive personnel of the City as in this Charter provided: (2) After reviewing departmental estimates, holding con- _ ferences thereon with department heads respectively, and re-- vising such estimates as he may deem advistrble, he shall pre- pare a budget annually and submit the same for consideration: by the City Council-and for the holding by.it of a public hearing ,. thereon prior to final adoption. He shall be responsible for the- administration of the budget after its adoption.'by the City Council; (3) Prepare and submit to the'City.Council as of the end.of the.fiscal year a complete report on the finances and adminis . trative activities of the City for the preceding year; (4) Keep the City.Council advised of 'the.financial. con- dition.and future needs of the City and make such♦recommenda- tions as may seem to him desirable; and (5) Perform such other duties as may be prescribed by this Charter or required of him by the City Council; not inconsistent with this Charter. The..City Manager.shall be accorded a seat at the City Council table and shall be entitled to participate.in the deliber- ations of the City Council, but shall not have a vote. Section 3-b. Interference in Administrative Service. Neither the City.Council nor_ any of its members shall..order or request directly or indirectly the appointment of-any person:. to an office or employment or his removal therefrom,,by the City Manager, or by any of the department heads ui:-the ad ministrative service of the City. Except for the purpose,of iri quirt',.the City Council and its.members shall -deal with the:: administrative service,under the City Manager soi6ii,through the.City Manager and neither the City Council_nor any,;mem ber shall,give orders to any subordinates o€'the.City Manager, >' either publicly or privately j` Sectign 17 Civil Service.: There is hereby created a Civil{ Service system which shall apply to'all appomtive officers and 'employees of the City on regular duty,'excepting;the City Man r a r,, tiger,-privafe secretary to'the City Manager.?and all members of boards:aiid commissions.'All such officers:and employees be deemed toe in the Classified Service of said City err "` '"4 ♦ 1 ; G r .. '._._..ter --.. ...-..a..:.".:..'. The term"on regular duty" shall include all officers'and employees who are paid on the basis of the regular monthly or semi-monthly salary, as distinguished from those who are em- ployed for the doing of special.work.on an hourly, day by day,_ . or weekly basis for periods of not exceeding six months dura j tion in any single calendar year. Section 17-a. .,Status of Officers and Employees. All per- sons holding positions or employments in the Classified Service at the time this Charter amendment takes effect, including,elec- tive officers whose positions are made appointive, who shall- have served in,such positions for a period of at least six months _ continuously, immediately prior to such effective date, shall be come Classified Service employees without preliminary or working tests, and shall thereafter'be subject in all respects to , the Civil Service provisions of this Charter. Any other per- sons holding positions or employments.in the Classified Service shall be regarded as holding their positions or.employments as probationers -who are serving out the balance of their"probes_ . tionary periods before their appointments become complete. Merit Principle. Appointments and promotions in the ad- ministrative service.of the City shall be made according to merit' and fitness, to be ascertained, so far as practicable; by.-com 'Detitive examination. Section 17-b. Civil Service Commission. There shall be.-- a Civil Service Commission consisting of five members to be. . appointed by the City Council from the qualified electors of the City, none of whom shall hold any salaried public office or'em-- j ployment, nor while a member of the Commission or for a period . of one year after he has ceased for any reason to be a mem}per. be eligible for appointment to any salaried_office or employ- :J ment in the service of the City or to any City elective'office, The members of the Civil Service Commission shall be nominated and appointed.in the following manner: . Two members shall be appoin Q,d by.the City Council-from a list of five persons to be nominated by-election of the employ- ees in the Classified Service; two`members shall;be appointed j by the City Council directly, and the:fifth shall-b6 appointed the City Council from a list of three.persoris'-nominated by_the = four thus appointed. The successor of any member of the Comp mission shall be nominated and a d ppointed in the same manner r s as such member was nominated and appointe Section 17-c:. Civil Service Commission. Powers and Duties The Civil Service Commission shall have pczwer and be . ` required to z� r� f (1) After a .public hearing thereon, recommended to jthe � City Council the adoption,:amendment or repeal of Civil Service br5 rules and regulations r i (2) Hear appeals of any person in the Classified Service relative.to any suspension, demotion or dismissal; (3) Hold hearings and make recommendations to the City Council on the adoption or revision of the position classification . plan; and - (4) Make any investigation which it may consider desir able concerning the administration of personnel in the municipal service and report its findings to the City Council and City Man- ager. Section 17-d. Classification. The City Manager shall make periodic studies of the classification and grading of po- sitions and shall submit to the _Civil Service Commission any changes which he deems desirable to better classify positions according to similarity of authority, duties and responsibilities:' The Civil Service Commission shall hold a public hearing thereon at which officers and employees affected thereby and others interested and desiring to be heard shall be given an op- portunity to do so. Upon approval by the Civil Service Commis- sion,they shall be referred to the City Council for final consider- ation and adoption. Section 17-e. Recruitment. Examinations of applicants for positions in the Classified Service shall be practical and relate to those matters which fairly test the relative capacity of the ap plicants to discharge, the duties of the position to which, they seek to be appointed. No person may be an applicant who is not a citizen of the United States or who has not resided in the City of Huntington Beach for at least one year next preceding the date of such ex- amination. The residential requirement may be waived by the Civil Service Commission.whenever it believes such waiver is in the public interest, but in each instance it must declare in its proceedings the reasons therefor. Section 17-f. Appointments. Upon the receipt of notice of a vacancy in the Classified .Service, the Civil Service Commis- sion shall certify to the appointing power the names of the three highest candidates on the eligible list for such position. No candidate may be certified more than three.times for any one Classified position.' When.no eligible lists are available, the'Cfvil.Service Com mission-, under'such rules,and regulations.as it,shall,prescribe,`; may authorize.the appointing power to make temporary ap-` pointrnents in the Elassified Service which"shall remain in force.; until:regular;appo"intments can be.mae,:'but in-no- dcase`;to ex: ' 1 ceed ninety•days Mn any"calendar year; in,order to prevent the e # stoppage-of public'business:and in order to;meet extraodmaiy G conditions. If a sufficient number,of applicants Jor a position m the Classified,Service is not received after advertisuig ere or, has:been_completed it conformf ty_with rules and regulations s x yy w - „i N.x r adopted hereunder, the Civil Service Commission may authorize an examination to proceed under a lesser number of qualified applicants. 41 All original and promotional appointments. shall be for a probationary period of six months during which the employee may be rejected at any time without right of appeal or hearing in any manner. An employee rejected during the probationary period from-- a position to which he has been promoted shall be reinstated to . the position from which he was promoted, unless charges are - filed and he is discharged as provided in this Charter and the rules. Section 17-g. Abolition of Position. Lay-offs. Whenever it becomes necessary, in the opinion of the City Council, to abolish - a position, or to reduce the number of employees in a `given class, in the Classified Service, the City Council may do so, by stating in its proceedings its reasons therefor.. Should such po- sition, or positions be renewed or any position or positions in- volving substantially the same duties be created or filled within one year, the employee or employees discharged shall be eh-_ titled to be appointed thereto. All lay-offs occasioned by the abolishment of a position or the reduction in number of employees in a given class shall 11 be governed by seniority in service and shall be'in the reverse !.. order of employment. Re-employment shall be in the reverse order of the lay-offs. ° . Section 17-h. Susp ension, Demotion and Dismissal. :The. City Council and appointive officers having appointive power are vested with the right to exercise the disciplinary and remov- al powers hereinafter provided. An employee serving a probationary period in any office, position or employment shall be subject to removal therefrom without right of appeal but subject to his right of reinstatement to the position in the Classified Service from which he was pro- moted, or transferred, if any. An employee other than one serving a probationary pe- , riod, holding a position in the Classified Service shall be, sub-jest to suspension without pay for a period of not exceeding I_ thirty days in any one calendar year, or to demotion,,or remov- alfrom his position, for misconduct, incompetency, inefficiency, R or for failure to observe the rules or regulations of the depart rTMs � ment, office or agency, or to cooperate responsibility with his superiors or fellow employees, but subject to the right of the em i ployee-to appeal to the'Givil Service Commission in the manner t set forth herein. ' a - Such employee shall" be entitled'to receive, upon at the office of the board or officer taking such action, not°later "_ than the second business day thereafter, a written statement m � ' i - Ym item `form of the reasons therefor, a copy of which statement x, � i —7— x _ ns_ I , i' shall be famished the Clerk of the Civil Service Commission. He shall have ten days after the receipt of such statement with- in which to file an answer to such statement of charges should he desire to do so.. J The answer shall be filed in the office of the City Clerk and _ with the Clerk of the Civil Service Commission: In'his answer, or if no statement of charges has been made available-to"him as required, such-employee may request a hearing by the Civil 11. Service Commission to review such suspension, demotion or.re-- moval which shall be called and held as provided for in the rules and.regulations. Hearings may be conducted informally, (! and the rules of evidence need not apply. . Within ten days after concluding the hearing, the Civil Serv- ice Commission shall certify its findings.cmd recommendations {i to the City Manager. The suspension, demotion or removal or- der by the Board or officer from whose action the appeal was ` taken, shall be sustained unless the said Commission shall by majority vote, render its decision finding that the _suspension, demotion or removal was made without,sufficient cause. If the Commission.shall find that the person suspended, demoted or is removed was so suspended, demoted or removed without su# ; ficient cause; said Commission in its order shall provide that said person shall be reinstated forthwith.to the.position from - which he was suspended, demoted or removed, and shall,order_ paid to"him the salary to which he would have been entitled had he not been suspended, demoted or removed. In filing its decision, the Commission shall also make and file written find- ings of fact covering in general terms the issues involved. In the absence of fraud or bad faith, the findings and decisions of the said Commission shall be final and conclusive. t- A reduction in pay shall be a demotion, under this section, unless it is a part.of a plan to reduce salaries and wages in con- nection with a general economy or. curtailment program. The City manager and any other officer or board in.whom 'i, is vested by law the power to make transfers, promotions,.de- motions, reinstatements, lay-offs, and to suspend or dismiss em- ployees, shall retain such power, subject to the provisions'of this Charter-and the rules established hereunder, it being the in-' tent cmd spirit of this Charter to provide a fair and just approach to em to municipal p p yment in order that city employees may. be , _ selected and promoted on a merit basis, but in no sense to im pair the efficiency of the public service. r Section 17-i. Political Activities Prohibited No.person hold ing a_position in the Classified'Service nor on an eligible hst �- $' shall take an active paTf in any municipal political cdmi axgn, F uor coritribufe thereto iii behalf oI an candidates;nor shallsuch ' Y person seek signatures:to:any petition seeking to advance the candidacy;of any person'for any municipal office. ac,epting as -limited by this section no person.shall be.prevented hereby from � . being or becoming.a member of a political clul;or organization, ' _ �877 1 _ or from attending political meetings, or•from enjoying entire freedom from all interference in casting his vote, or from seeking election or appointment to public"office. -Upon becoming a can- didate for public office, any such person shall request and be granted a_leave of absence, without pay,to remain in effect dur- ing the period of time such.:person is a,candidate. is No person in the Classified Service, or seeking admission thereto, shall be employed, promoted; demoted or.discharged or in any way favored or discriminated against because of po- litical opinions or affiliations or -because of race or religious belief. No officer or employee of the c+ty and no candidate for any 1 city office shall, directly, or indirectly, solicit any arrssessment, subscription or contribution,.whether voluntary or involuntary, i for any political purpose whatever; from anyone on the eligible f' lists or holding any position in the Classified Service.. Section 17-j. Prohibitions. No person shall wilfully or cor- ruptly make any_false statements, certificate, mark, rating or report in regard to any application, test, certification or appoint- _ ment held or made under the Civil Service provisions..of this Charter or in any manner commit or attempt any fraud prevent- ing the impartial execution of such civil service provisions,or rules. and regulations made hereunder. Any person who by himself or with others wilfully or cor. ruptly violates any of the Civil Service provisions of this Char- - ter shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than One Thousand Dollars, or by imprisonment for a term not exceeding one year, ' I or by both such fine and imprisonment. Any person convicted 4 hereunder shall be ineligible for a period of five years for em- ' pibyment in-the City service and shall, if he be an officer- or employee of the City; immediately forfeit his offfce or position. 4 Section 17-k. Contract for performance of Administrative Functions. Upon recommendation of the Civil Service Com- mission, the City Council may contract with the governing.body C�' of a city, or county within this state, or with a state department or other agency for the preparation or conducting of competitive examinations for positions in the City Service or for the perform ance of any other personnel administration service.' =k PROPOSED CHARTER; AMENDMENTS SUBMITTED BY :THE CITY COUNCIL OF ITS OWN MOTION. CHARTER AMENDMENT NO. 2 ' That the Charter of the City,of Huntington Beach is hereby amended by_a mending Section 2 of Article III thereof to read as,follo�,its . 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 privileg- es, and to follow any and all procedures,.heretofore or hereafter granted or provided by the general laws of the State. j It is the intention of the people of the City of Huntmgton I,r Beach in adopting this Charter, to take advantage,,among other things,"of the provisions of the 1914 Amendment to Section 6 of i. Article Xf of the Constitution of the State of California giving . ' Cities Home Rule as to mugicipal affairs. j: CHARTER AMENDMENT NO. 3 That the Charter of the City of Huntington Beach is hereby amended by amending Section 5 of Article IV thereof to read as follows: C. 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.Coun- cil on the first Monday after-the expiration of five (5) full days I after said election. The City Council shall declare elected..the persons having the highest number of votes given for each of- fice, and shall declare the result upon all propositions.submit- ted at such election.- Upon the completion of the canvass the City Council shall pass a resolution reciting the fact of the elec- tion 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 election, qualiff- cation and installation of their respective successors. Each new- ly 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 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. II I 'CHARTER AMENDMENT NO 4 That the Charter of the Cfty of Huntington Beach is Hereby; amended by amending Section 3 of Article V thereof to zead as p 1 ws:follo ? tt Section 3: Meetings. Regular meetings of the CityYCoun xs cil'shall-be held on'the first .Monday after the expiration.°of five f i (5) full :days after eacli municipal election, whether general or,; �t . a special. At the meeting-held.pursuant to the above requirement.-, ' next following each general'.municipal-election,`:and after r p 'X F installation of the newly elected officers-the City Council shall choose one of its members to be Mayor. The City Council shall also hold regular meetings at least 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 reg- ular meeting for all purposes. Such adjourned meeting may. Iikewise be adjourned and when so adjourned shall be a reg- ular 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 be- fore the time specified for the proposed meeting; provided how- ever, that any special meeting of the City Council shall be a ` validly called special meeting, without the giving of such writ- ten notice, as above provided, if all members of the City Council shall give their consent in writing to the holding of such meet- ing, and such consent is on file in the office of the City Clerk at the time of holding such meeting. A telegraphic communi- i; cation from a councilman consenting to the holding of the meet- f. ing shall be deemed to be a consent in writing, within the mean j„ ing of the terms as expressed in the foregoing sentence. At any special meeting the'power of the City Council to transact busi-' F, ness shall be limited to matters referred to in such written notice .. or written consent all meetings of the City Council shall be held a within the corporate limits of the City at such place as may be designated by ordinance and shall be public. ,i In the event that any order of adjournment of a regular meeting fails to state the hour at which any adjourned meeting is to be held, such adjourned meeting may be validly held on t + 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: CHARTER AMENDMENT NO..5 That the Charter of the City of Huntington Beach.is hereby x amended by amending.Section 6 of Article VI therof to read as f follows: ; .a Section 6: Every ordinance shall be filed and topicallyti � z ¢z indexed in a book kept for that purpose; shall be authenticated ' by the signatures,of the Mayor andT City Clerk, or his authorized �G deputy, and within two weeks after its adoption- shall be+pub- zx dished at least once fn a newspaper of general circulation pub v lished 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, send ordi- nance shall not thereby be rendered null and void, but the ef- fective date thereof shall be postponed until the full period of _ thirty days shall have elapsed after the palication thereof. CHARTER AMENDMENT NO. 6 That the Charter of the City of Huntington Beach is hereby .amended by amending Section 3 of Article VII thereof to read as follows:- Section 3. Mayor. The mayor shall preside at`the meet- ings 6f the City Council, and in case of his absence or inability, . to act, the City Council shall appoint a mayor pro tempore, who i.' shall serve only until such time as-the mayor returns and is able to act, and who for such period shall have all of the powers. I ! and'duties of the mayor. The mayor shall 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 x i Clerk, the deputy city clerk shall act. If there be no deputy city j clerk,.then-the mayor shall appoint one of.the members of.the City Council city clerk pro tempore. The mayor shall sign all warrants drawn on the City Treasurer, and shall sign all written contracts and conveyances made or entered into by said city. j The mayor shall have power to administer oaths and affirma- tions, to take affidavits and to testify the same under his hand. The mayor is authorized to acknowledge the execution of,all: instruments executed by said city that are required to be ac- knowledged. 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. i CHARTER AMENDMENT NO. 7 That the Charter of the City of'Huntington Beach is hereby amended by amending-Section-1 of Article X thereof to read : x` i� asfollows: , 1 Section 1 ' Iri any project for the erection, improvement 1a arid'repair.of public.buildings and works, in:all work-in-orabout -1 streams,-bays, or:water fronts, or in or about embankments, or , { other works for:protection against overflow, in `aTI street orY3 sewer work exclusive`of maintenance or repair 'and in the fur ` } '_Wishing lzn c5f:anysupplies or.materials'.for-any such project m �, =' elusive of'proiects, for:raintenance or repair of streets or sew . ers,,when the;total e 'xpenditure-s'required'for,the `same exceed - _ f .� 12 1 i ! � 5 the sum of Five Thousand Dollars ($5000), 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 invitinm bids by two or more insertion's thereof, not less than" five days apart, in a newspaper of general circulation, grinted and-published in such city, which publication shall be.com menced not less than 10 days prior to the date set in the notice for the opening of bids. Such notice shall distinctly and, spe- cifically state the work contemplated to be done; provided, that the City Council may reject any and all bids presented-and . readvertise, in its discretion, and.if any two or more bids are the same and are the lowest bids received, the Council=may = accept whichever one it chooses; provided further, after-reject fnq bids, the city council may declare and determine by a four fifths vote of all its mernbers that in its opinion the work in ques- tion may be performed more economically by force account or the materials or supplies furnished at a lower price mi : he - open market, and after the adoption of a resolution to this ef- fect 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 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 inviting bids; f and shall so declare and determine by a unanimous vote of'all its members, it may proceed to have such work done or said ma-. terials or supplies procured in the manner stated, without fur- ther observance of the foregoing provisions 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 emergency work deemed necessary in prepay ation 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 dernarid the immediate expenditure of public money to safe-guard life; health - or property, and thereupon it may proceed to expend. or enter _ E into a contract involving.the expenditure of any sum required in such emergency. _ f CHARTER AMENDMENT NO. 8 - _ That the Charter of the City of Huntington Beach is hereby ; ; amended by amending Section 3,Article XI thereof to read �zq "' follows:: x ers. ' Section.3. Indebtedness and:Bonds. The City may incur indebtedness for expenditures for municipal purposes whim cannot be provided for out of the ordinary revenue of the�Ca#y, �� > . - and`issue bonds to evidence the`same, in such.manner and di9.n ;. accordarice with such procedure as.may'be provided for eithlerF by the - '. .laws of the State or by this Charter or by ordi �� F —13- . . x - a I (Ak nance adopted pursuant thereto; provided, however, that no bonds shall be issued to meet current indebtedness. CHARTER AMENDMENT NO. 9 That the Charter of the City of Huntington Beach, is hereby amended by amending Article XIV to read as follows. 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; {i 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 j 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 pro- ,j cedural ordinance, the method of procedure and additional terms and conditions for making such grants, subject,to the pro- = visions of this Charter. A Section 2: Resolution of Intention. Notice and Public Hear- ing. 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 proposed to be grant-' ed. Such resolution shall fix and set forth the day, hour and , . place when and where any persons having any interest there- in 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- teed to hear and pass upon all protests and its decision thereon shall be final and conclusive. Thereafter, it may grant,br deny, the franchise,_subject to the right of referendum of,the eo le r; P P r Section-3: Term"of,Franchise. `£very franchise shall':state the term for which it is'granted,which,unless it be indeterminate t as provided for herein, shall not exceed tweniy�ive years A franchise grant-Wray be indeterminate, that is to say,�7t may provide that it shall endure in'full force and:effect ,until < the same', with the consent:of.the Public Utilities Commission of y l the State of California, :shall be voluntarily surrendered or Y 3 , � s abandoned by its possessor, or until the State of California, or some municipal or public corporation, thereunto duly authorized by law, shall purchase by voluntary agreement or shall con- demn and take, under the power of eminent domain, all proor erty actually used and useful in the exercise of such franchise' and situate within the territorial limits of the State,-municipal or. public corporation purchasing or condeming such property,'or . until the franchise shall be forfeited for noncompliance 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 Hefein contained shall be construed to contract away or to modify or to abridge, either-for a term or in perpetu- ity, 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 proceedings of any character in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the municipality_ therefor at the time of the acquisition thereof: `. r - Section 5: Grant to be in Lieu of all other Franchises. .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 rendering of such utility service within the limits of the City as they now or may here- after exist, except dny franchise--derived under Section 19 of Article XI of the Constitution of California as said existed prior to the amendment thereof adopted October 10, 1911. The a& f ceptance of any franchise hereunder, shall operate,.as an aban- , donment 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 granted. A.ny franchise granted hereunder shall not become effect- ive until written acceptance thereof shall have been filed by the grantee thereof with the City Clerk. Such acceptance shall'be' filed within ten_ days after the adoption of the ordinance granting the franchise,_or any extension thereof granted by theCity Council, and when so filed, such acceptance shall constitute a continuing agreement of such grantee that.`if and when'the s, City'sha11.thereafter annex, or consolidate with 'additional .ter ritory, any and all:franchises, rfglits and privileges ownedd sby the grantee therein, except a franchise derived under)said eon stitutfonal,provision, shall likewise be deemed to be abandoned within the limits of such territory.:. No grant'of any'franclise s may be transferred,or assigned'by the grarifee excepf by eon t sent in'writing of-the,City Council and unless the transferee or ° 15- 049 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 r Charter . i 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 condi { tions imposed in the giant, or by procedural ordinance and shall` further agree to: i I a.. Comply with all lawful ordinances,rules and reg- ulations theretofore or thereafter adopted,by the -t City Council in the exercise of its police power. {' governing the construction, maintenance and op- eration of its.plants, works or egUipinent; 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'harrnless`the City'arid its of ficers from any and all liability for damages. proximately resulting from any operations'under such franchise; . d. , Remove and relocate without_expense to the City i any facilities installed, used.and maintained un- der.the franchise if and.when made necessary j' by any lawful change.,.of grade, alignment or �. width of any public street, way, alley or-place,, ,including the construction of any subw,:. ay:or via . ,duct, or if the public health, comfort, welfdre, con venience,: .or, safety so demands, and e. Pay to the City during the life of the franchise a percentage, to be_specified in the grant,`of the gross annual redeipts of.the grantee within the , limits of the City, or such other compensation as the City Council may pro scribe.in the grpmt s} 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 exist shall n costitute a separate violation t 4 ti 1. -Y kh l6— . 'o, City Charter .amendments Theyhysi'caCfiCe may contain the orig inals) of, for examyCe, yroyosed amendments, pu6Cic hearing notices or bookCets, but t"'n aCCcases they are exact dup ttcates of this eCectronicfiCe.