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HomeMy WebLinkAboutResolution 1007SPECIAL MUNICIPAL ELECTION _ tC C , RESOLUTION NO. /007 ELECTION PROCLAMATICN CALLING) PROVIDING FOR AND GIVING NOTICE OF A SPECIAL ]MUNI- CIPAL ELECTION TO BE HELD IN THE CITY OF Said RAFALL, STATE OF CALIFORNIA, 01! TUES- DAY, THE 7th DAY OF NO11 IBER, 19441 FOR THE PURPOSE OF SUBMITTI'[G TO THE �'X-ALIFIED EL'�CTORS OF SAID CITY . iOPOSED CTIIIRTER AIuIEND.TENTS TO THE CHARTER OF THE CITY OF SAN RAFAEL IN THE FOMI SET FORTH IN THE PUBLICATION THEREOF IN THE SAN RAFAEL IN- DEPENDENT AVID ILARIN JOURNAL ON SEPTi..:J 14th, .1 944, and SEPTE:v-2- R 21s„ 1944 WHEREAS, the City Council of the City of San Rafael did on the 5th day of September, 1944, pass and adopt its Resolution No. 1004 providing for the submission of the hereinafter proposed Charter Amendments to the qualified electors of the City of San Rafael at a special municipal election to be held in said city on the 7th day of November, 1944, wherein said City Council did determine that in the opinion of said City Council the hereinafter proposed Charter Amendments ought to be submitted to said electors; NOW3 THEREFORE, pursuant to law and the Charter of the City of San Rafael, and pursuant to the provisions of SECTION 8 of ARTICLE ELEVEN of the Constitution- of the State of California, IT IS IIEREBY RESOLVED and determined that a special muni- cipal election be, and the same is hereby, called to be held in the City of San Rafael on the 7th day of November, 1944, and notice of daid election is hereby given. BE IT FURTHER RESOLVED, and notice is further given, that there,shall be and there is hereby ordered submitted to the qualified hectors of said city voting at said election, the follow- ing proposed amendments to the Charter of the City of San Rafael, to -wit: MARTINELLI & GARDINER ATTORNEYS AT LAW 418 ALBERT BUILDING SAN RAFAEL, CALIF. Each inspector, judge and clergy servilig on the election ry board at said election shall be paid the sum of & od dollars for serving thereon. Said special municipal election shall be held and conducted under and rursuant to the Charter of the City of San Rafael in all respects therein provided for special municipal elections, and in all other respects according to the laws of the State of California now in force regulating and providing for the conduct of municipal elections so far as they may be applicable, and in any respect not therein provided, then according to the general laws of the State of California now in force, At said special municipal election the polls shall be open at o'clock A. M. on the day of said election, and shall be kept open until 7 o'clock P. M. of the same day, when the polls shall �r7,3y ,c /?s be closed, except as provided in SECTION of the Code of the State of California. The ballots to be used at said special municipal election, the manner of voting thereat, the duties of election officerm,the canvassing of the returns, and all other particulars in respect to tie management of said election, shall be in the form and manner and in pursuance with the provisions of the Charter of said City and the laws of the State of California in force at the time df the holding of said election. I, EUGENE W. SMITH, Clerk of the City of San Rafael, hereby certify that the foregoing resolution providing for the holding of a special munitipal election to be held in the City of San Rafael on the 7th day of November, 19449 was passed and adopted by thy° Council of the City of San Rafael on the 18th day of October, 1944, by the following vote, to -reit: c�'C Ayes: Councilmen Noes: Councilmen- City lerk of the City of an Rafael. MARTINELLI & GARDINER ATTORNEYS AT LAW Absent: Councilmen 418 ALBERT 19UILDING SAN RAFAEL, CALIF. Dated: October 18th, 1944. 15:, 120 I zoo ism Falling ' lace SCHOOL. SAID RAPAEL IMSJ Vill' 1: ElrELTA Ela JUDGE WEL MIGHT JUDGE ELIZAMTII Wo CMRK ; 71M BIAZHI CLfi GEORGIA G 1 Gota CLMK AlaTA EDITH F°OMTER No. 19l OF =XCTICK �d'?rose 16 RAYVIMI STM11-Ts SO WAEL PBT Ufi " N 10). PIGHI AST 1:3:1 Pow w w 9 OCTAVIA LT N �, 245 �i LAND PCIU g MWO GYMWIUB, TAMALPAIS SCHOOL„ 1076 ORARD AVIAN9 SAN RAFAEL INSMCTOR M2 alrT'•":"I Addrsc.ti 1s I SAN RAFAEL J[ B ANNA R. C OM 68 VIL4 A .. «. N JUDGE A M. IZICKE ., So BRoo -, A VIME " " G�7�lix 4T��Ra!I' ia� �:AtdliiCM�ttJ�aSlr� COURT' ST 1 C1mK •�R' �GOTTLEI8 ELLA u., moi' ME 11 Lti11 �'Jj:1J1i, i GV�A � � CLZRK LOUISE HOARE 39 M STREET 122 roc L-10 J44- pollu% lu" DARItf►GH MIDENCE, 210 "C' STRL SAYS WAIT1L rNS.TWTCR RUTH E. M JUDGE L'VA M-kn DARRAGIi JD"10E 'T 2 w PHINM CURE ROSE J. FRADE'LIZ10 CLP`/RIG VELDA MIDDAGII ;1CR7 BLEM PMAM BWD OF ELMTION Address M 004 TY -'-"0T# 20 "C" TRF.�T, 189 1J1 Lti'S BLVD. 3 ()C TALI 8 T tk;;sT 0 "rC" ST. -:T 24b NC" ST 1 SATI WALL N }/ NO. 198 F m im t Palling Pima, THMON I'.ZIDEME„ 49 PALM AVLNM, CAN RAF'Ar...T. I MCM CHAS. F. SMART JUDGE . -1 : XI JUDGE MRIS RD•SSSLL C E4I' L -B PIM CLUX JANE 3, ORR GLM- K I;? MARM E. - .:' 1 BWD OF =TICK Address lm ;:: ' A'VEW, " P%LIMMC S , 198ALIVE 306 AV�;Z:.41!i u AV'IM 132$LG A'J MUE SiA�i 'AF.,it M N N N � s NO. 116 MILDRED E. GRL` N Address 360 PAL�LIA AV70T NE, SAN R.A.FAEL —Precinct Polling MAO* SAIS RBSIDENCL, 410 "D" STREET, SAN RAFAEL JUDGE ANGELA DE CARLO BOARD OF ELECTION n n CLERK JANE E. WALTEN INSPECTOR FUI+NCES E. SOLDAVINI Address 714 "r,'" ,.STREET, SAN RAFAEL JUDGE ROSE SMITH 220 "D" �TREET, h a JUDGE GRESTY MAllA 167 "C" # :RK HA?Y SOLDAVINI 108 7,,RBET,CL TREAS ET, BAYVVIYVf 4MUT, �r CLERK ELIZABE,Tn BILL, 8'24 "E" ST . , .T, n n CLY'RK SABmA A. RAI.EY 611 "B" STREET, " NO. 117 Precinct Palling Plabe GARAGE. 330 P&LOMA .AVENUE, SAB' RAFAEL BOARD OF ELECTION INSIECTOR MILDRED E. GRL` N Address 360 PAL�LIA AV70T NE, SAN R.A.FAEL JUDGE MARY WARD HILLG T DRIVE, JUDGE JUDGE ANGELA DE CARLO 1302 LTIICCpLN AVENUE n n CLERK JANE E. WALTEN 31 3ILLCIff-OT DRIVE ANNIE C. CLU- K DORA FARLEY 1460 LINCO :-. AVENUE, n a CLERK EUDORA ALICE CODOItI 49 iILLCREST DRIVE, " n NO. 118 Pres in*t Polling Pleas WEBER RESIDENCE. 301 "D" STREET, SAN RAFAEL BOARD OF ELECTION INSMTOR THOS. H. CHAPMAN Address 136 SAN RAFAEL AVE., $All RAFAEL JUDGE CARRIE F, ROGERS 305 "D" STR&IT, a n JUDGE ANNIE C. WEBER 301 "D" ST RT, CLERK CL3,,RK HELEN 11. JOHNSON 112 SAI+! RAFA.Wj. AVENUE " # CLERK EDITH J. E N�iGEL 258 BAYVVIYVf 4MUT, �r n CLERK ADELINE M. RAINS 255 "C" STREET, n n NO. 119 Precinct Polling Place PUTNW RESIDENCE. 1446 LINCOLN AVENUE, SAN RAFAEL BOARD OF ELECTION INSPECTOR CORNELIUS J. NAIIAR Address 1466 LINCOJ.N AVENUE, SAN RAFAEL JUDGE RUTS: G. ANDRADA 1756 LIBNC bL-2-t- i:, " n JUDGE WINIFRED E. GUISE 1752 LINCOLN 4VEI3UE, n n CLERK EDNA A. MENARY 1615 LINCOLN A NUE, n n CLERK CHRISTINA A• THOMAS 26 BROOKDALE A ,, n " CLERK GERTRUDE A. FAGGIADNO 2 BROOKDALE AVENUE', " " No. 112 Proo inc t Polling Plaoe SERVICE STATION, COR. THIRD & A STREETS, SAID RAFAEL _ S(WM OF ELECTION IIISPECTOR DAVID S. JAMIESON Addrss:; 813 Tt TROT, SAN RAFAEL JUDGE ANNIE IiARCALOTTI 101 BAY V E+7 STREET n a JUDGE GERTRUDE O'C ONNOR 12 WIN - -REET a a CLERK ELLA C,i COWAN 609 THIRD SW'- ET ELIZABETH L. KNIIGHT CLERK* ELEANOR M. FRITZ 1114 SEC WIREE? n n CLERK CORA E. DA SILVA 311 "D" STREET n " NO. 113 Preo i.not P611ing Plaoe CASTRO'S GARAGE, 718 FOURTH STREET, SAIT RAFAEL BOARD OF ELECTIO14 I?;SIECTOR DOROTHY ANN KOENIG Address 828 MI43mj AVENUE SAN RAYAEL JUDGE IRENE E., I1AVE 1118 LIT1 0* . AVENUE n a JUDGE JUDGE KATHERINE A. KINSELLA 834 MISSI AVENUE " a CLERK ELIZABETH L. KNIIGHT 805 FIFTH 'i4ilE HATT IE L, S C HROTER 20 KADR OFZ uE CMiM ALICE M, C."aVANAUGH 845 FIFTH qIJIm n a CTERK WARIE GR 1-::. 814 FIFTY AVENUE n n NO. 114 Preolnot Polling Plays SHORT SCHOOL, SAN RAFAEL BOARD OF ELECTION INSPECTOR FANNY M. BLOY Address 7 CLORINDA AVENUE, SAN RAFAEL JUDGE L. DORIS CUNEO 20 ur D :�' STREET n a JUDGE JAMS P. BRADY 32 Q DST CLERK CLERK VICTORIA BETTINI GERSTLE DA41 n n CLERK HATT IE L, S C HROTER 20 KADR OFZ uE n " CLERK WTIKA MSH HEALY 215 "DO ST EBT a " NO. 115 Preci.not Polling Plaoe CEBALOIS GARAGE, FIFTH ST. M?. IRWIN, SAN RAFAEL . BOARD OF ELECTION I .SPECTOR JOBN G. BUTLER Address 523 i'IF'T•1i AVENUE SAN RAFAEL JUDGE MARY A. WEST 1109 GRMAVE1M n r JUDGE MARK W. E'LLIS 411 1."ISs ii AVENUE a CLERK ROSE ATMDO 1004 I1(`K%w "Tl� CLM JOSEPHINE X, IMMER 5+20 FIFTH CLERK SOPHIE LONDON $21 FIFTH AVEIM n TvIling P1ao* PF'EFFER STORE, 023 "E" STREET, sm RAFAuL INSPECTOR HARRY B,HOCK JUDGE JUDGE CORNELIA MHE CLERK LEON& A. DICE CLERK OLIVIA A. CURREY CLERK ,DICE Me COSTELLO NO. 109 BW.D OF ELECTION Address 24 i? '-'�S STRUT, $09 " " STREET, 50 nos 16 Rf�S'S�TR1,_:'i, 5 ,A,'LGE STRE a", SAN RAPARL N N r n n n n Prooluat Polling Place ODD FELLOW BLDG.s COMI. FOVRTR & "Dn ST ;I;TS, SAN RAF'AEL INSPECTOR LOUIS J. PETER JUDGE F-uARL BURTCHAELL JML MAW E. FLA RTY CL2RK ALICE I, i' '. ' 's CLERK MARIE ALLEN CLFM GRACE G, PATTON BOARD OF ELECTION Address 1016 NCN STREET* 1313 rI - =199, AiLmL APAR 1031 "C" S LT 309 FIRST .i 1319 mssrozi AV-,: SARI WAEL N " NO. 110 Preo inat Pollitt :lace 0. " ' aC IDW_'CE 14 FIRST $T1r,;,ETt SAII FtAF'ARL sC I.;:");;XTOR ALFRED :U. ERNE Addrece 1314 SEC MW STREETO SAN F'ATIEL JUDGE Wy ZApr-STINX JUDGE WILLIAU J. KELLY CLiM ANU J. GLEBSON CLERK MRMIA k,, SERI'A CLLRF' THOW 116= DXJSW 1115 STRET, N « 1325' � STFahl « N 1�6 FIRS TFC ,.T « N 819 "CN TR:::T « « 5 NEW Li: tWID VILLA " « N0. 111 Prsa St�a� Polling PIA00 CM HALL. SAN RAFAEL BOARD OF =CTIOR II'SI'4CTC!, M&Y L. KLEIR' J�GI3y E VERA & IV,, y �aWAR k VUDGZ' 11 �CaRA �i.ii�R IGET CL?:RK BURUCE ALDIM BAMTT CLEFK LEti'KE THORNTON CLUFF CALLI'E ANN SWFER Address 914 MISSIOi; ILV;,IMPq SAN AN RA L 'NUE, 1319 u$S R0 17 ROBT DRIVE 1311FI;THI" 1130 MISSION 1130 MISSIONMB " �` N0. 104 Precinct Rolling Plane — SAN.-RAFAEL G1AlU# W SCHOOL, SAKI RAFAEL BOARD OF ELECTION INS FEC OR IRIS FENCE Addres t1 al ES ST ET, SAN RAFAEL JUDG19 LILLIAN M. CRAMER 1551 JUDGE MARY E, FULLEN 809 "E" RCET, CL=, YINNIE L. B�LYLEBS 94 S1iAVF TREET, au " CLERK CLA,RA MILLER 16 BAYES. S ET, It a CLERK ELS IL B„ CAJPBELL 1545 -A F'f.;; STREET NO. 105 precinct Polling Place WEST END SCHOOL, SAN RAFAEL BOARD OF ELECTION NO. 106 Precinct Folling Place C-ASI'4r 1;'?fiID�'"CL, 428 FIRST STREL �, SA_; RAFA:�L BOARD 0k' ELECTION INSPECTOR NAE FRILIPPINI ,Address 433 FIRST STR� T, SAN SAIN RAFAEL I?ISPLCTOR JEVVIE B. SIMS Address 1841 FIFTH AVENUE a a JUDGE ITASCA r. CORS' LL 106 ..STRs GERTRUDE HAISLER 118 RESERV . ROAD JUDGE WkLTIER BO'!CD 135 "H" �T " a C" -RI BLANCHE ACKLEY 112 "I" ST 'ET a a CL}��RKZNAiIE BEE63ADT 201 uHM ST � a " CL;sRX MARION ELLISTON 201 CENTER STiiEET NO. 106 Precinct Folling Place C-ASI'4r 1;'?fiID�'"CL, 428 FIRST STREL �, SA_; RAFA:�L BOARD 0k' ELECTION INSPECTOR NAE FRILIPPINI ,Address 433 FIRST STR� T, SAN RAFAEL JUDGb HARRIET MARKLINGEH 3 WELCH 5 REE " " JUDGE ANNE S. SHERIDAN 50 WOOD STRE IRENE C* NIL= 1629 FIl' TH A`VIIfii E CLERP: GERTRUDE HAISLER 118 RESERV . ROAD u a CLLRIC ETHEL G. HARPER 41 MIRA k' ORES DRIVE a a CLLRI' KATHP:RI! F'ELLESCIiI 1 di�IES, LACE a a NO. 107 Precinct Polling Place HUNT GARAGE, 1602 FOURTH STREET, SAN RAFAEL BOARD OF ELECTION INSPECTOR LOUIS C. ROTH Address FORBES SAN RAFAEL JUDGE :, M. B(70N �TitETS 328 G ST i JUDGE CLARRNCE '1 .:i _.6 1 223 L&TIB �TREZTj a CLERK IRENE C* NIL= 1629 FIl' TH A`VIIfii E a " CLERK JENNIE DAFII.IN 16 FRANCIS STREI E CLERK KATHLEEN OIDONOGHUE 210 "G" STREET a a Peeoinot plaae HAMS RESIDENCE. 224 'OLAT ST W , SAID "AFAEL ROBERT S. COyTIGAN JUIZ F. VAGUTAN DOSE I. . . FREDA V, DIM AVIS, IRFAZ REMiEDY RjFA D. BOWLES BOARD OF ELEXTICK Addrss� 116 J. T"—'T, � SAL WWALL $06 _ Iff. SMS "T, R w ELL& L?AY I3RUMPM, Tlul -IT a w 881 __._ ., LUT RSL •T, 825 IIUMUBOLDT ST 937 SOLANO STFj T, Free inat Fume CARM-- _' 216 ° _ CjUilll ST., SAN' WALL BO&RD OF F,�LECTION JC3L 8 C. P1830 Address 13 LATS STI'J ETa, SAN RAF'AEL BWTHk E. 'WATOCK 38 ALEX R j�vxl R w ELL& L?AY I3RUMPM, 45 SUNSET ►t a w RUBY CATH3RILT. SCMIDER 821 D, STRE�.T, CHRISTINE OFTTEL 16 NEAM AV'Zl= ETIIYI.E V, REINDO LLAR 34 5AVTA "'ARGAR A DR. Freeimt I'1ao� SAULTRY GARAGE. 317 WEST END AVENUE, SAI, RAF'AEL BUM OF ELWTICN ELMOR 0. SAW Address 51' ILD SAIL RAFAEL ELLE] 0, SAULTRY 217 asT . , : AV _�.,UL A N w rJTH R. GUYETTF 6 QST . ,TId"�T, N N ETIU::I. 14. HUTCH114GS 34 I.ATIiR i? Sl FINS a w LAURA C. LLLIS ' 35 HAYES 3TRt All DA'reI;ELLE MARIE RISSO 12 LATEC STR-l':1►, ITso inc t Place MITCIMLLIB GARAGE, 97 SCENIC AVENUE, SAN RAF°AEL BOARD OF ELECTION ELIZABETH A. STUTT AcI.:_•<'Os 1902 F RTI: AY , S0 RA AEL LUCY E. H. F.ARR 3008 r IF V:J._Wllv " WIE itmS 9 "I" STRi w R JESSIE I. '_`JITCIIELL 97 SCI;N'C Alr :', SAW F, Kii:PATHICE 239 CEI LR STRE:s IIEVINSA ELDKR 1904 r.YFT!? AVi?NM, R w (8) To have general supervision of all privately-owned public utilities operating within the city, in so far as they are subject to municipal control; (9) To see that all franchises, permits and privileges grant- ed by the city are fully ob- served and to report any vio- latioln thereof to the council; (10) To assign employees from anydepartment or. bureau of the city government to any other department or.bureau to aid in the performance of the city's business; (11) To investigate any depart- mentor office of the city gov- ernment, or any contract, or the proper performance of any obligation running to the city; and (12) To perform all other dutip-5 and functions necessary to accomplish the purposes pre- scribed or implied by this charter, or by ordinance or resolution. AMENDMENT No. 4. To the Charter of the City of San Rafael, California. PROPOSITION TO AMEND Section 1 OF ARTICLE XII OF THE CHARTER OF SAN RAFAEL. Section 1 OF ARTICLE XII OF THE CHARTER OF THE CITY OF SAN RAFAEL, CALIFOR- NIA, IS HEREBY A1bfENDED TO READ AS FOLLOWS: ARTICLE XII. REVENUE AND TAXATION: Section 1. Tax System. The coun- cil by ordinance shall provide a system for the assessment, levy, equalization and collection of taxes. Not later than the first regular meeting in September of each'year, or on such other date as may be provided by ordinance, the council shall adopt an ordinance or resolu- tion levying on all taxable property in the city a tax sufficient to raise the amounts estimltted to be re- quired, when added to the antici- pated amount of revenue from other sources, to equal the anticipated ex- penditures for the fiscal year, exclu- sive of that'which may be derived by special assessment and bond sales but inclusive of that required for bond principal and interest and the servicing of all bond operations. Any such ordinance shall go into effect immediately upoh its passage by the council. Slnonlid the council fail to levy the tax or taxes within the time pre- scribed, the tax rate or rates for the previous year shall constitute the rate or rates for the current year. Nothing contained h e r e i n shall Prevent the city council from eger- cising the power granted bygenF;ral laws of the state relative. to the assessment and collection of cit taxes by county officers. y HE IT FURTHER RESOLVED THAT tha ballots to be used at said election shall contain a statement of said respective propositions in the form hereinabove set forth. For the purpose of holding said special municipal elect- ion, the City of Snn Rafael is hereby districted and sub -divided into 28 special municipal election precincts, each of which shall be known and referred to as hereinafter set forth. The boundaries of each of said 28 special municipal elect- ion precincts shall be and are hereby fixed and determined as the respective boundaries for }sarin Precincts Nos. 109 to 127, in clus- ive, as fixed by the Board of Supervisors of the County of Darin, State of California, for the election of state and county officers at the last general election preceding the.election hereby called. BE IT FURTHER RESOLVED that for the purpose of holding said special municipal election, said election precincts and the res- pective polling places thereat, and the election officers in said respective precincts shall be and the same are hereby fixed as follows, to -wit: Section 4. Ociih of O f f i c e. Ea^h elective officer of the City of : a Rafael and such other officers as I may be specified by the council, shall take a constitutional oath of office i and subscribe thereto before enter- ing upon official dutiGw. Such oath i shall bn filed with the city clerk. Section 5. Bonds of Officers and ` Employees. Each elective officer and each officer and employee whose duty it is to sign warrants or vouch- ers or handle city moneys shall execute a bond to t.hc city in the. oenal stun inquired by the council before enterinir upon official duties. The council shall determine which additional Officers and employers shall Five bonds for Ilie faithful per- formance of duties, and shall fits the terms and amounts of all bonds re- quired under this section. Stich bonds shall be approved by the city attorney for legality. rued by the council; and shall be filed with the city clerk, exceut ghat the bond of the city clerk shall be filed with the mayor. The premium=, of such bonds shall be an obligation on the city. Section 6. Vacancies. Any vacancy occurring in any elective or appoirn- tive office provided in this charter, shall be filled within thirty (lays after actual knowledge thereof by the council. by majority vote of the council, and the appointee shall hold Office Cantil the next general elec- tion. atwhich tithe tine office shall be filled for the nncxpimcl term, if any. In the event. the council has failed to acl• Civ Me end of thirty days. then t•he Soard of Lrd 18,tjoil shall by inajority"vote till srieln va- can. 6cytion 7. What Constitutes It I'a- cancy. A vacmnev shall exist, in any Office when the, person elected Or appointed thereto falls to qualify, dles, resigns, is removed from office. ceases to be a resident of the city or absents h i ms e l f continuously therefrom for a period of more than sixty days without -permission from the council, is convicted of a felonv, or of a misdemeanor connected with II(, duties In office. is judicially de- termined to be ineoirLpetent. forfelts his office under any provision of this charter. or is removed from office by judicial proceeding. section .8. Quatifieations of Offi- cers. No person shall be eligible to hold any elective office in the City of San Rafael unless lie be a resident and elector therein, and 'shall have re§ided in said city for three (3) years next preceding the data of election. Section S. C0inre3lsatioii. The mayor and councilmen shall receive W) compensation whatever, except while acting as a board of equaliza- tion. While acting as a board of equalization, the ,payor and council - mein shall each be paid the sum of Five (y5.00) Dollars a day. The compensation of all other officers and employees shall be fixed from time to time by the coundil. Any change in salary for an elective of - flee determined anon by the council, shall not auply to the incumbent durine the term of office. in which the change is made. Rection 10. Depuiyshie s. The coun- cil shall have power, by ordinarice or resolution, to create and discontinue offices, clemitvships, assistantships, boards and commissions. and em- ployments other than those pre- scribed in this charter, to fix their terms of office, to provide the mode of filling them, and prescribe the•• duties pertgining thereto: accord - Ing to its judgment of the needs of the city, and to determine the mode - of removing any such officer, assis- tant or employee. Section 11. Consolidation.of offices. The city council -may. by ordinance or resolution, consollilate any two or more appointive -offices when in the opinion of said counts such'consoli- da_tionn will be compatible and for the bit interest of the cit.v. ARTICLE fV. .ELECTIONS. Section 20. Arrangement of Offi- cers on Ballot. The offices to be filled shall be arranged in separate collumns in the following order: FOR MAYOR Vote for one. . FOR COUNCILMEN Vote for (giving number). FOR MEMBER OF BOARD OF' I EDUCATION Vote for (giving number). FOR POLICE JUDGE Vote for one. AMENDMENT No, 3A PROPOSITION TO CREATE THE OFFICE OF CITY MANA- GER BY ADDING A NEW SECTION TO ARTICLE VI OF THE CHARTER OF THE CITY OP SAN RAFAEL, AND BY AMENDING Section 2 OF ARTICLE VII, AND Section Y_ OF ARTICLE VIII of SAID C H A R T E R REFERRING TO 1 POWERS AND DUTIES OF THE MAYOR. ARTICLE VI OF THE CHARTER OF THE CITY OF SAN RAFAEL, CALIFOR- NIA, IS HEREBY AMENDED. BY ADDING THERETO A NEW SECTION TO BE NUM- BERED Section 3 (a) AND WHICH SHALL READ AS. FOLLOWS: ARTICLE VI. CITY OrFICIALS. Section 3a. City Manager. Within sixty clays after the effective date of this amendment and thereafter within sixty days of the date upon which the office becomes vacant, the city council by four - fiftlis (4/5) 1 vote shall appoint a city manager I for an indefinite period who shall be ithe chief executive officer and head of the administrative branch of the city government. The city mana- ger may be removed by a four-fifths 0/5) vote of the council only after mitten charges have been filed with him and at least two weeks have been granted for him to an swer the charges. Upon request of the manager, the council shall hold a public hearing on the question of dismissal, and the city manager shall be permitted to make a public state- ment thereon. The action of the council shall be final. In the ab- sence or disability of the city maan- a.ger, th.m -. council ay designate a qualified administrative officer of the city to perform the duties of the manager. Except as otherwise provided by this charter, the city manager shall appoint all upl)ointive or admini- strative officers,, employees and sub- ordinates, subject to whatever merit systenn muy Oe adopted, and may remove ant appointive or admini- strative officer or employee, except that where removal is governed by a merit system, such system must be complied with by such city manager. Except for purposes of inquiry or Investigation, the council and IW nnembeis shall deal with the ad- ministrative service solely through the city manager and shall act offi- cially only as a body or through, dilly created committees, and by or- dinance• resolution or motion. Neither the council nor any of its members shall attempt to coerce the city manager in the appointment or removal of subordinate officers or employees or in the purchase of materials or supplies. Any violai:ion of the foregoing pro- visions shall constitute a misde- meanor and shall work forfeiture of office of the offending member or members of file council. No person elected to membership in the coun- cil shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. Section 2 OF ARTICLE VII OF THE CHARTER OF THE CITY OF SAN RAFAEL, IS HEREBY AMENDED TO READ AS FOL- LOWS: ARTICLE VII. THE COUNCIL. Section 2. The Mayor. The mayor shall be president of the council, and the council shall elect one of its members to be vice-president who. in the absence of the mayor, shall act as mayor pro tempore. The mayor shall preside over the meeting,, of the council when present - and perform such other duties con- sistent with his office as .may be imposed by the coulicil. He may call special meetings of the council and must do so inin�ion the request, in writing, of a majority of its mem- bers. He shall be entitled to axe vote oil all matters coming before the council and may make or sec- ond any motion. He shall see that the laws and ordinances of the state and city are regularly performed and enforced and shall Lake all steps necessary for the suppression of mobs, riots anti public violence and may call and impress citizens into duty as posses and do all else reason- ably, required for the preservation of the public Peace. lie shall be recognized as the official head of the city for all ceremonial purposes. by the courts for the purpose of serving civil process, and by the governor for military put, poses. He shall have power to administer Oaths mud affirmations. Ile mayuse the tft.lc of h'Cayor i in any case n which tile execution of contracts or other legal just.rumcnls in writing or other necessity arising from the duties of his office or the general laws of this state, may so regidre. He shall sigin all contracts anfl conveyances to which the city is a party, unless the council by ordinance or resolution shall otherwise provide. The powers and duties of the mayor shall be such as are conferred upon him by this section, together with such others as may be conferred by the council in the pursuance of tine provisions of this section. Section 1 OF' ARTICLE VIII OF THE CHARTER OF THE CITY OF SAN RAFAEL IS HEREBY AMENDED TO READ AS IYDL- LOWS: ARTICLE VIII. EXECUTIVE AND ADMINISTRATIVE DEPARTMEN'T'S. Section 1. City Manager. The city manager shall be the chief executivo officer of the city and shall have the power and It shall be' his duty, either personally or through a desig- nated subordinate: (1) To o r g a n i z e the municipal service, prescribe administra- tive procedures and rules, and formulate work programs and activities of the city within tile' l i m i t s defined by or(li- nfince. resolution, and this charter; 1 2) To appoint, remove and exer- cise general supervision and control o v e r all appointive officers and employees of the city except members of boards anal cotumissions, subject to S11.0-11, )Ifovislons as may be .dblAed for the creating of a merit_ system: (3) To serve as chief finance officer and purchasing agent for the city; (4) To keep the council advised of tate needs of tine city and to recommend such action as he deems advisable; (5) To act as chief conservator of the pecce within the city and to devote his entire time to the duties and interests of the (G) To Prepare and submit to the council the a n n u a l budget and to enforce the appropria- tions and restrictions adopted in conformance therewith; (7) Toattend and participate in all d.iscussions at council meetings, except w In e n the council is considering his re- moval: thereof by- the proper officer, board or department. Section 3. Pablic Work to be Done by Contract. The erection, improve- ment and repair of all public build- ings and works. all street and sewer work, and the furnishing of supplies and materials for the same, or for any use by the city when the esti- mate therefor exceeds the sum of One Thousand ($1000.00) Dollars, shall be done by contract, and shall be let to the lowest responsible bid- der, after advertising for sealed proposals at least twice, not less than seven (7) days apart in a newspaper of general circulation, published in, said city. Such notice shall specifi-` cally state the work contemplated to be done. The time specified for opening bids shall be not less than three (3) days from the date of the last publication of said notice. The council may reject any bid deemed excessive and re -advertise, or the work may be done by the council. If no bid is received, the work may be done by the council. Section 7. Collusion of Bidder. If any person to whom a contract has i been :awarded, has in presenting any bid or bids, colluded with any other person for the purpose of preventing other bids, then the contract so. awarded may be declared null and void by the council at any time be- fore full payment thereon, and the council may re -advertise, or said work may be done by the council. Section 8. Personal Interest. No, member of the council nor any offi- cer of the city :shall have a financial interest, direct or indirect. in any contract with the city, or be finan- cially interested, dSrectly or in- directly, in the sale to the city of any land, materials, supplies or serv- ices, except on behalf of the city as an officer or employee. Any willful violation of this section shall consti- tute malfeasance in office, and any officer or employee of the city found guilty thereof shall thereby forfeit his office or position. Any violation of his, section made with the knowl- edge, express or implied, of the person cr corporation contracting with thecityy shall render the con- tract voldable by the city. ARTICLE XIV. FRANCHISES. Section 1. Franchise (Brants. All public utility franchises and all re- newals, extensions and amendments thereof shall be granted or made only by ordinance and for a period not to exceed twenty years unless granted under the provisions of the, general laws of the State of Cali- fornia. No such proposed ordinance' shall he adopted until a report con- taining recommendations thereon shall have been made to the council by the chief executive officer of the city and until public hearing has thereafter been held on such report. No such ordinance shall be adopted a_< an emergency measure. No pub- lic utility franchise shall be trans- ferable except with the approval of the council expressed by ordinance: and copies of all transfers and mort- Page:: or other documents affectitig' the title or use of public utilities shall be filed with the city within ten days after the execution thereof. Section 2. Regulation of Franchise Holders. All grants, renewals, exten- sions or amendments of public util- ity franchises, whether it be so pro- vided in the ordinance or not. shall be subject to the right of the city: (1) To repeal the same by ordi- nance at any time for misuse or non-use, or for failure to begin con- struction within the time prescribed, or otherwise, to comply with the tet ins prescribed. i (2) To require proper and acle- quate extension of plan and service. and the maintenance of the plant and fixtures at the hl gghest practi- cable standard of efficiency. (3) To !$!pose such other regula- Section 3. Termination upon Pub- lic Acquisition of Franchises. Any public utility franchise may be ter- minated by ordinance whenever the city shall determine to acquire by condemnation or otherwise Elie util- Ity property used irl the city. or con- I veniently useful for the operation of the utility within the city limits. The method of determining the price to be paid for the public utility prop-, erty may be fixed in the ordinance granting •the franchise and shall not include compensation for the value of the franchise granted. Section 4. Revocable Franchise Permits. Permits revocable at the. will of the council for such minor or temporary public utility privileges as may be specified by general ordi- nance may be granted and revoked by the council from time to time hi accordance with the terms and con- dition, to be prescribed thereby; and such permits shall not be deemed to be franchises as the term is used in this charter. Stich general ordi- nauces, however, shall be.. subject to the same procedure as all ordinance granting a franchise and shall not be na.gsed as ,it emergency measure. Section 5. Extensions of P u b l i c. Utilities. All extension of public utili- ties within the city limits shall be- come a part of the aggregate prop- erty of the public utility. shall be operated as such and shall be sub- ject to all the obligations and re- served rights contained in this char- ter and in any original grant here- after made. The right to use and maintain any extension shall ter- minate with the original grant and shall be terminable as provided in Section 3 hereof. In case of an ex- tension of a public utility operated under a franchise hereafter granted, such right shall be terminable at. the same time and under the same con- ditions as the original grant. Section 6. Conditions of Franchise C:rants. Every public utility Fran-• ebi.sc hereafter granted shall be held subject to all the ternis and condi tions contained in this c h a n e r. I whether or not such terms are spe- 1 cifically mentioned in the franchise. I Nothing in this charter shall oper- ate to limit in any way, except as soccifically stated, the discretion of the council or the elecEors of the city in imposing terms and condi- tions in connection with any fran- chise grant. ARTICLE XV. MISCELLANEOUS. Section 13. Additional Duties of Officers. All officers of the City of San Rafael. elective or appointive, shall. In addition to the duties pre- scribed in this charter, perform such additional duties as may be imposed by the council by ordinance. Section 15. Pension System. Upon approval of a two-thirds majority of the electorate votine at any election, the city council'shall have the power to provide for a Pension plan for city employees. for the purpose of effectpng economy and efficiency in the public service by providing a means' wherebv employees who be- come superannuated or otherwise incapacitated may, without hardship or prejudice. be replaced by more capable employees,'and to that end Providing a retirement compensation and death benefits. Any pension or retirement system, admited shall be on a sound actu- arial basis. that, is. it shall provide for contribution by both the city and the emoloyee members of the ayste.n, which contributions shall' be bssed on nercentages of payroll, to ba changed only by adjustments on account of experience under the system; such contributions shall be I in such amounts as will accumulate at retirement to a fund sufficient to carry out the promise to pay benefits to the individual, on- Count of the service as a member of the system without further con- tributions from any source. Any hPnBfitC has q nn cn. fv , nn Anrn.l I As an aiternative method of plo- ,idhng a retirement system the city nay contract w4th the Board of Ad- ninistration of the State Employees' Ietirement System or other state of- Icers or boards, raid enter all or any )ortion of its employees under such system in such manner as may be arovided by law and under the terms and conditions of such contract. Section 17. Expert Services. The city council may contract with any person, firm or corporation for the turnishing to the city of special serv- ices and advice in financial, eco- nomic, accounting, engineering: legal or administrative matters by persons specially trained and experienced in such lines of work and who are. in the opinion of the city council, com- petent to perform the services re- quired. The council may pay or agree to pay such compensation to these ex- perts as it may deem proper for the services rendered or Rgreed. to be rendered by the expert or experts with whom the contract is made. AMENDMENT No. 2A to the Charter of the City of San Rafael, California. i ARTICLE VII AND SECTION 20 OF ARTICLE IV OF THE CALI CHARTER OF TILE CITY OF ARTICLE FVI and SECTIONIA. 0 of ARTICLE IV of tine Charter of the City of San Rafael, I California, are hereby amended to read as hereinafter set forth, to -wit: ARTICLE VI. CITY OFFICIALS. Section 1. Elective Officers.'Elec- I tive officers of the City of San Rafael shall be a Mayor. four Coun- cilmen, five Members of the Board ,,,, Education and a Police Judge, Section 2. Term of Office. The term of each elective officer shall be four years from and after tine Mon- day next succeeding the clay of elec- tion and until a successor 3s elected or appointed and qualified. Officers holding at elective office of the city immedately prior to the effec- tive date of this amendment shall continue to hold said elective office during the term for which they were respectively elected. All other offi- cers and employees of the city at the time this amendment takes ef- fect shall continue nn their respec- tive offices. positions or employ- ments, subject to control and re- moval as in this charter provided. Section 3. Appointive Officers. Ap- pointive officers of the Cit v of San Rafael shall be a City Clerk, a City Attorney; a Chief of Police, a City Treasurer', a City Assessor, a City Tax and License Collector, a City En g h e e r. a Superintendent of Streets, a Health Officer who shall be a person licensed to practice medicine in the State of California and who has received special train- ing or who has had practical experi- ence in public health work, a Chief of the Fire Department who sliall be ex officio Fire Marshal, and such other appointive officers as the city council may from time to time pro- vide by ordinance or resolution. All appointive offices shall be fill- ed by appointment by the city couln- cil by a tour -fifths vote thereof and any appointive officer may be re- moved at any time by a four-fifths vote of said council. Whenever the power of appointing said appointive officers shall be legally given to or vested in a City Manager by amendment to the char- ter of said city, or otherwise. then such original power of appointment, including the Dower of appointment to fill vacancies in any appointive office. hereby vested in the city council shall terminate and shall su h t ty Mnin aer.nd be exercised by ARTICE XII OF THE CHARTER OF THE CITY OF SAN RAFAEL, CALI- FORNIA, IS HEREBY AMEND- ED BY ADDING THERETO NEW SECTIONS WHICH SHALL BE NUMBERED SEC- TIONS 4, 5, 6, 7, 6, 9, 10. 11 AND 12, AND WHICH SHALL READ RESPECTIVELY AS FOL LOWS: Section 4. Fiscal Year. The fiscal year of the city shall commence with the first day of July of each year or at such other time as may. be fixed by ordinance. Such year shall also constitute the budget year of the city government. Section 5. Special Tax Levy. The council shall levy a tax each year sufficient to meet all principal and interest payments due or to become due and payable on bonds and cou- pons outstanding or to be issued and sold during the year. Such levies shall not come within any tax limit prescribed in this charter or, the general laws of they State of California, but shall be in addition thereto. Moneys raised from such a tax shall be used exclusiveW for the nayment of interest and principal of bonds, except that after the retire- ment of the -issue for which levy is thus made, any surplus remaining may be transferred into the "per- manent improvement fund" or "cash , basis fund" hereinafter provided for. Section. 6. Cash Basis Fund. The council shall provide out of current tax receipts a permanent revolving fund which shall be known as the "cash basis fund". The purpose of this fund shajl be to keep the city on a cash basis. At least two per- cent of all taxes on real and per- sonal property shall be placed in this fund eacb year unless the total amount of such fund shall equal at least twenty-five percent, of the total- appropriations made during the year. The council shall have power to transfer from the cash basis fund to any other fund such sums as may be required for the purpose of pias - lig such fund, as nearly as possible,' ,)n a cash basis. It shall be the duty of the council to provide that all money so transferred from the cash basis fund be returned thereto from the first proceeds of any taxes, as- essments, or other income of the • borrowing fund, and in no event.. later than one year after the date of I transfer from the cash basis fund„ except that no money raised for principal or interest of any bond obligation need be paid Into or re- t oald to such "cash basis fund." Section 7. Annual Budget. Not later than thirty days before the beginning of each fiscal year a pro- posed budget of all expenditures of the city for the following fiscal year shall be submitted to the council, said budget to include estimates of revenues and expenditures of the ^.lty compiled from detailed infor- mation obtained from the several 3epartments. The budget shall set forth all proposed expenditures for Fhe administration, operation and maintenance of all departments and agencies of the city for which ap- woppriations are required to be made ,)r taxes levied; all expenditures for' ;apital projects to be undertaken or executed during the fiscal year: all interest and debt r e d e in p t 10 n, charges during the fiscal year; and the actual or estimated operating ' 3eficits or surpluses from prior fis- calyears. In addition, the budgget shall 'set forth the anticipated fn- .ome and other means of financing `•he total peoposed expenditures of the city for the fiscal year. The 'iudget document shall consist of three parts as follows: Part I shall contain a budget mes- sage outlining the fiscal policy of the city government and- describing the important features of the budget' with reference both to propose ex- aegeneralsbudget sumnd mary with ated income: ap- proppnate supporting schedules which shall exhibit the aggregate figures of the budget in such a manner as. to show a balanced relation between the total proposed expenditures and the total anticipated income for the fiscal year covered by the budget, and which shall c o m p a r e these i figures with corresponding figures of the last completed fiscal year and the year in progress. Part II shall contain detailed esti- mates of all proposed expenditures, showing the corresponding expendi- tures for each item of the current) fiscal year and the last preceding fiscal year, with explanations Of in- creases or decreases: detailed esti- mates of anticipated revenues and other Income, delinquent taxes, if any, for current and preceding years with percentage collectible: State- ments of the bonded and other in- debtedness of the city government, showing the debt redemption and interest requirements, the date and amounts nathorized and the amounts outstanding or unissued, the condi- tion of the sinking funds, if any,; and the borrowing capacity of the city. Part III shall contain complete drafts of the budget. ordinances or resolutions, inefuding an approprla- tion ordinance or resolution and such other ordinances or resolutions as m'ay be required to finance the budget. Section 8. Adoption of the Budget. The council shall arrange for and hold at least once public liearinng oil the Budget during the period of its consideration. The council may re- vise, alter, increase or decrease the items of the budget. provided that when it shall increase the total pro - Posed expenditures it. shall also in- crease the total anticipated income, so that the total means of financing the budget shall at least equal in amount the total propertied expendi- tures. When the council shall make such chaes it shall istiue- a state- ment settinngg forth clearly its action and the reasons therefor. At least ten days before the beginning of the fiscal year, the council shall approve the budgel, plan and shall enact lin ai.r : opriation ordinance or resolu= l tion. As soon as possible after the pas- sage of the appropriation ordinance or resolution the council shall pass a tax levy ordinance or resolution and such other ordinances or resolutions as may be required to make the bud- get effective. At any regular meeting of the council after the pa- ---- of the ap- propriation ordinance or resolution, the council by vote of four members may amend the same so as to authorize the transfer of unused balances appropriated for any pull - pose to another purpose. or tut ap- propriate available revenues not in- cluded in the original appropriation ordinance. Subject to the restric- tions provided hi the appropriation ordinance or resolution, sums appro- priated to any organization unit shall be applied by the chief execu- tive officer to the objects of expendi- ture within that organization unit as may be deemed most efficient and beneficial. At the close of each fiscal year any unencumbered balance of an appropriation shall revert to the fund from which appropriated, and shall be subiect to re -appropriation, but, tip wopriatiolns may be made for works, improvements or other objects which will not be completed within the fiscal year and any such appro- priation shall conthiue in force until the purpose for which it was- made shall have been itecomplished or abandoned.. Section 9. Accounting System. All operations and transactions of the city shall be recorded by a system of uniform accounts, maintained on an accrual basis, reflecting at all times the status of expenditures and, obligations incurred with respect to approprlations and the availability of funds. At least once each month a summary statement of the various subsidiary accounts of the city, showing the condition of appropria- tions and the financial coindition of the city, shall be submitted to the council for its information. Follow- ing the close of eech fiscal year, a full report shall be submitted to the council by the chief executive officer show.ine, the financial condi- tion of the city and describing the outstanding accomplishments dur- ing the preceding year. Section 10. Disposition of Public Money. All city officials and em- ployees empowered to collect money; for fees, fines, penalties, forfeitures, permits. licenses, inspection services,', taxes or other municipal charges, shall collect the same promptly at the time they become due and, atl least; monthly, shall deposit such money into the city treasury in the mariner prescribed by ordinance, for the benefit of the fund to which such moneys respectively belong. Section 11.Payment of City Mouey. Payment by idle city, except- ina payment upon regular' monthly salary warrants and warrants for redemption of bond and interest coupons, shall be made only upon vouchers certified by the head of the appropriate departments that the .goods or services have been received or performed and that,the amount claimed is due and pavable. Upon approval of such vouchers by the chief executive of the city, war- rants shall be issued to cover pay- ment of the amounts claimed, which shall be signed by the chief account- ant of the city and countersigned by the treasurer. At the first regular council meeting each month. a list of the warrant, drawn, on the city treasury during the lorcre.ling month and the amounts th?reof shall be submitted to the council For its ill- formation- Except as above pro- vided. no warra nt sh<.11 be issued for payment rile:<,, the claim therefor is in proper corm, is clearly cnm- iluted and duly certifW ani being correct, us iustly and ley due and payable, and unless funds are avail- able and an appropriation has been' made therefor which has not been exhausted. Sectio_i 12. Teniporary Borrowing, The council, by ordinance or reso- lution, may authorize the issuance of bonds, notes or registered war- rants in anticipation of the collec- tion of taxes oi- special assessments. Such bonds, notes or registered. war- rants shall be a first lien upon re- ceint of such taxes or assessments. I and small mature within thirty days I after such taxes or assessments be-' come collectible. The total amount of such bonds, notes or warrants authorized or issued in any fiscal' year shall not a-ggregat.e more than car percent of the total appl'op1'iations of the city for such year. ARTICLE XIII. PUBiTC WORK AND CONTRACTS Section12,-Vrogres�_;ive Payments on Contracts. Contracts may pro- vide for progressive payments if in the ordinan ;e or resolution author- izing or ordering the work permis- sion is given therefor: but no pro- gressivc payments can be provided for or ma -de at any tune. which. with prior payments, shall exceed seventy-five per cent of the value of the labor done and the ms.Wrlais used uo to that time, and no con- tract shall provide for or authorize the payment of more than seventy- five per cent of the .colltrd'et-price before the completion of the work done thereunder and the acceptance o-ccior) 21. Gcn,,raj Laws Follow- ed. In the absence of any proce- dure for carrying out or effectuat- ing any granted or implied power or authority, the general laws of the state., where applicable and where not inconsistent with any ex- press provision of this charter, shall prevail and shall be followed. Section 22. Direct Legislation by the People. The qualified voters of the city shall have the power, through the initiative and otherwise. as provided in this charter and [lie general laws of the state, to enact appropriate legislation to carry out and enforce any of the general or implied powers of the city. Section 23. Liberal Constriction. Lastly. this grant of power is to be liberally construed for the purpose of sr.curing the well being of the municipality and its Inhabitants. ARTICLE VI CI'T'Y OFT'ICIALS Section P. Election. and Term of Office of iMavor. The Mayor shall be elected at the general municipal election to be held in, said City 01 San Rafael on the, second Monday in April, 1945, and on the second Monday In April of every four years thereafter. and shall hold office for the period of four years from and after the Monday next succeeding the day of such election, and until his successor is elected.or appointed and . oualif i ed. Section 8. Qualifications of Offi- cerS. No person shall be eligible to hold any elective office in the City of San Rafael unless he be a resi- dent and elector therein, and shall have resided in said city for three (3) years next preceding the date of election. ARTICLE, VII THE COUNCIL. Section 7, (1). Ordinances and Rcsclutiors. The council shall act only by ordinance, resolution or mo- tion. Section 7, (4). Title of Ordinances. Every ordinance shall be preceded by a brief descriptive title, but the i title shall not be construed as a part of or restriction on the ordinance. section 7, (6). Requirements of 0i-di>iianees. No ordinance shall be j passed by the couneil on the day of its introduction, nor within five days, thereafter, nor at any time other than at a regular meeting, nor until its publication at least once in full in a newspaper of general circula- tion published in the City of San Rafael at least three' days before its adoutiov: and in case of amend- ment being made thereto before the final adoatiorr of the ordinance, it must in like manner be republished in full as amended at least three days before its adoption as amended. Seci,ion 7, (7). Ordinance Required iii Cert; -in gases. No action pro- viding; for the sale of public property, for the granth�g of any franchise: for the establishing or changhng fire limit:: or for the imposing of any lannit,y. shall be taken except by ordinanee: provided, that such ex- cenitione shall he observed as may be fall^d for in Cases where the council I takes action in pursuance of a gen- eral law of the state. ARTICLE VIII EXECUTIVE AND AIBIVIINISTRATIVE DEPARTMENTS. Section S. Assessor. Until the city council avails itself of the provisions I of the general laws of the state rela- tive tp the assessment and collection of city taxer by county officers. it shall be the duty of the assessor be- tween dates specified by ordinance to make out a true list of all taxable property within the city. The mode Of making out saict list, and roceed- Ings relating thereto, shall be in conformity Nvith the laws which may Ibe in force from time to time regu- lating county assessors, except as may be otherwise provided by ordi- nance. The assessor shall,verify the said list by his oath and shall de- posit the same on or before the date Section 4. City Clerk. The cit�z cleric shall be clerk of the council and of the board of equalization. and shall attend all meetings and shall keep in separate books full and true records of all proceedings of each of the said bodies. The, clerk shall keep a copy of each ordinance and resolution enacted which shall have his certificate annexed thereto stat- ins that it is a true and full record thereof and that it has been adopted in compliance with the provisions of this charter. The clerk shall also keep an index of ordinances and ' resolutions and of the minutes of the council. The, city clerk shall be the custodian of the city seal and shall affix the same to all official certificates made by him and to all papers when directed by the council or chief executive to attest or exe- cute the same. He shall have the power to administer oaths and affir- mations and to take affidavits and to certify the same when necessary in the performance of his duties. He shall have full powers and perform such other duties as may be provided I by this charter. by ordinance, or delegated. to hien by his superior officer or officers. Section 5. (1ty Attorney. The city, attorney .shall be admitted toprac- tice before the courts of the State of California and shall have been in actual practice in the state for at least three years next preceding his appointment. The city attorney shall be the legal adviser of the council and of all other city officials in all legal m a t t e r s pertaining to the business of said city. He shall per- form such other duties as may be assigned to him by the council from i time to time. Section 6. Chief of P o l i e e. The chief of police shall be head of the police department, and shall have all the powers that ase now or may hereafter be conferred upon sheriffs and other peace officers by the laws of the state. It shall be his duty to preserve the public peace, and to suppress, riots, tumults and dis- turbances. His orders shall be promptly exe- cuted by the police officers of the city, and every citizen shall lend hire aid when requested for the ar- rest of offenders, the maintenance of public order, or the protection of life and property. He shall execute and return all processes issued to him by legal authority. He shall have authority, c.nd it is hereby made his duty, to arrrst persons violating any ordl- "alice of the city. He shall have such other powers and duties apper- tainine to his office as may be pre- scribed by the council or the execu- tive officer of the city. Section .8. Chief of Fire Depart- nient. The chief of the fire depart- ment shall be the head of the fire department and shrW have charge and supervision over all matters re- lating to the prevention and extinc- tion of fires, and of all measures necessary to Ruard and protect all property impaired thereby. He shall make rules and regula- tions for the government of the fire department subject to the approval -Of the chief executive officer. Durlme a fire the chief of the fire dei)artment shall be in supreme authority over the territory involved therein, and all persons in the im- mediate vicinity of aid fire, includ- inP policemen, shall be subject to 1li.5 oI•der.5. Section 9. Health O f f i c e r. The health officer shall exercise general suporvislon , over the health and cleanliness of the city and take all necessary measures for the preser- vation and promotion thereof. Section 10. Departments. All other services, ft.inctioiis, duties, responst- bilitles, and activities of the city shall be apportioned among and delegated to, appropriate depart- ments or commissions by admini- strative rule in the manner best designed to accomplish effective and econornieal service. Each depart- ment shall be under the direction of an official trained or experienced in ARTICLF, X POLICE COURT. Section 2. Jud" . and Qualifica- tions. Said court shall consist of one fudge who shall have attained the aae of thirty years and shall be an attorney licensed to practice in the State of California. Section 6. Procedure. The provi- sions of the several codes and of the statutes of this state as now existing or reading or as hereafter amended to read, relative to the procedure in justices' courts Are ap- l I )116ble ­oWt hi procedure fn the 130- iceice court. It may issue all writs and process which may be issued by justices. Section 8. Sickness or, Disability. Uponthe sickness or disability of the judge of said police court, he may cause to preside in his place any qualified justice of the peace of the County of Marin, or any City Judge or Judge of the Recorder's Court of any city of the State of California. ARTICLE XII. REVENUE AND TAXATION, Section 2. Tax Liens. All taxes as- sessed, together with any percentage imposed for delinquency and the cost of collection, shall constitute liens upon the property assessed. Every tax upon personal property shall be a lien upon the real prop- erty of the owner thereof. The hens provided for in this section shall attach as of the first Monday of March in each year. or on such other date as may be established by ordi- nance, and may be enforced by actions in any court of competent riyisenforeclose such balof propetafetd, and the execution and delivery of all necessary certificates and deeds therefor, under such regulations as may be prescribed by ordinance. Any property sold for such taxes shall be subject to redemption 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 charter shall have the same force and effect in evidence as is provided by law for nonpayment of county taxes. unless otherwise provided by ordinance. Every tax has the effect of a Judgment against the person, and every lien created by this section has the force and effect of an execution levied against all property of the delinquent. The judgment is not satisfied nor the lien removed until the taxes are paid or the property sold for the payment thereof: pro- vided, that the lien of every tax., whether now existing 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 conclu- sively presumed to have been paid after thirty years from the time the same became a lien, unless the prop- erty subject thereto has been sold fits the manner provided by law for the pament of said tax. Section 3. Eauallzation. Unless the city avails itself of the provisions of the general laws of the state relative `to the assessment and collection of city taxes by county officers, the council shall meet on the second Monday of August in each year, at ten (10) o'clock in the forenoon of said day or at such other time 'ac may be established by ordinance, and sit as a board of equalization. end shall continue in session front day to day until all the returns of the assessor have beeen rectified. The board of equalization shall have power to hear complaints, and to correct, modify or strike out any assessment made by the assessor, and of its own motion may raise any assessment after written 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 sliall be certified by the Clerk of the board of equalivation as being the assessment roll for said to , and shall be the ---f -f. mil nn nhirh cnrh tAV AMENDMENT No. IA TO THE CHARTER OF THE CITY OF SAN RAFAEL, CALIFORNIA. Ploposition to amend ARTICLE III, ARTICLE VI, ARTICLE VII• ARTICLE VIII, ARTICLE X; II ARTICLE X, ARTICLE XIII, ARTICLE XIV and ARTICLE XV. and to repeal S e c t i o n 8 of ARTICLE VII, Sectioll 11 of ARTICLE V1II, Sections 4, 5 and 9 of ARTICLE XIII and Section 19 of ARTICLE Xv of the Charter of the City of San Rafael, Cali- fornia. Section 8 Of ARTICLE VII. Section 11 of ARTICLE VIII, Sections 4, 5 and 9 of ARTICLE XIII and Section 19 of ARTICLE XV of the Charter of the City of San Rafael, California, are here- by repealed, anti Sections 41 51 61 7, 8, 9, 10, 11 and 12 are hereby added to ARTICLE XII of the Charter of the City of San Rafael, California, to read as hereinafter set forth Slid ARTICLE III, Sec- tions 2 and 8 of ARTICLE VI, Sub -sections 1, 4. 6 and 7 of Sec- tion 7 of ARTICLE VII, Sections 3, 4, 5, 6, 8. 9 and 10 of ARTICLE VIII, Sections 2, 6 and 8 of ARTICLE X. Sections 2 and 3 of ARTICLE )M, Sections 21 3, 7 and 8 of ARTICLE --XIII, AR- TICLE XIV and Sections 13, 15 and 17 of ARTICLE'XV are here- by amended to read respectively as follows, to -wit: ARTICLE III POWERS OF TiiE CITY Section 1. Pat^ers of the City. The City of San Rafael Aiall Have all power to make and enforce all laws and regulations and to do all things aLe Sith tect muni - Opal ffairs,srbj only restrictions and lirriftations in this ebarter. All provers of the city whether expressed or implied, shat{ be exercised in the manner prescrib- ed by this charter, or if not pre- scribed therein, in the manner pro- vfded by ordinance or resolution. In the absence of an ordinance or reso- lution, procedures prescribed by general law shall apply. The en- actment of particular powers by this charter shall not be held or deemed to be exclusive, but such enactment is solely for the purpose of removing any doubt concerning the e:tercise ofmowers expressly mentioned. Without denial Or dispalagcnlent of other powers held under the con- stitution and laws .of the state, the City of San Rafael shall lave the right and power: Section 2. General Corporal^. Pow- ers To have perpetual succession, to adopt and use a corporate seal, to sue and be sued, to acqulre property within Or without its boundo:ries for' any municipal purpose, 111 fee shnple or lesser interest or estate:, by pur- chase, gift, devise, lease or corciem- nation, and to sell, lease, hold, man- age and control suclt prupemy as its interests may require. Section 3. Legf4ate. To pass ordi- nances and resolutions not in con- flict with the constitution of the State of California or the United States of America. Section 4. Business License. To license for purpose or regulation and revenue all and every kilted of busi- ness, occupatiun and professlon au- thorized by law and transacted or carried on in said city, and all, shows, exhibitions, vending devices and lawful gullies earned on .there- in; and to fix the ratu, Of 11cense tan thereon and to 111700de for the col- lection of the same by suit or other- wise. Section 5. Signs, Advertising, etc.: To regulate and control the exhibi- tion, carrying or posting, of adver- tisements, slons, billboards, banners, placards, posters or pictures on any street, sidawnik or private property, or upon any buildings, poles or fences, or elle luse of any loudspeaker system or 1Lr:chanicsi device for the intensification of sound in any pub - p lic.xay or oinr,- -"Section blerit System. TO adopt a merit system governing per - sonnei matters and defining the positions o; employees to be ilichlcl- : ed thereunder., Pe Section 7, nsions. Uiion 11 two- thirds majority vote, of the electors voting at anv election, to establish a. pension p1An or a systs--n1 of retire- i went compensation, death benefits I or relief for any or all officers and employees Of the city and clepen- dents thereof. To contra" witthretl t Un ted States, government, the tate of California, or any pubic or quasi -public agency thereof for the performance of any the cityato al icarry 011t mp dent th Ls charter; Or to perform any appropri- ate state of federal runctions. Section 9. Public I' t i l i t y Fran- chises. To gra-lit public utility, fran- rhises and to impose such regula- tions, thereon as may be condilcive I to the safely, welfare and acconlrno- dation of the public. Section fo. Street 4ainteuance by Railroads. To require every rail- road occupying it public street with- in the city to keep the streets in repair betwcei the tracks, and along and within the .distances of two feet upon each sicie thereof and if the work so 1'ecitlired to be clone is not started within tendays after no- tice is given to the local manager, superintendent or agent of such railroad, or is not prosecuted dili- gently after starting, the city shall have the right to do succi work and the cost thereof shall become a lien on tile property of said railroad company in the city. Section 11. Water Front and Works. To improve the sLreams, creeks or water front within the city or without the city and necessary or convenient for the use of the inhabi- tants thereof; to widen, straighten and deepen the channels thereof and to remove obstructions therefrom; to acquire and improve public mooring Places, wharves, warehouses, steam or electric railways or spur tracks. Section 12. Power of Condemna- tion. To acquire property by con- demnation within or without its Corpprute ?'mit§ for any municipal purpose, and, for the purpose of (a) Protecting, preserving and facilitat- iug all improvement or (b) financ- g an improvement or (c) bring- ertyat along ut such In the development vicinity of oan improvement as will make such develcpment hal•monlolLS with and adjusted to the Improvement or (d) any combination of such purposes; to acquire by condemnation prop- erty in excess of that needed for the actual improvement and to sell or iease such excess property with building and use restrictions and conditions. Section 13. Power of Special As- I essment. To provide by ordinance for the pa:tllent of all or any part Of the cost' -,l land or other property ;wgllired f(u• l,ut.>lic use, of the con- sthic:0011, reg v:Litructlon, repair, opersltinn cr maintenance of any stru:'tu:e car a•nrk in tike nature of. a public I _:c lily O • Improvement, in- cluciing :t lrat;tt." utlla-.v ahhd of ally lith -r lil:br. work. of �er;'fCr, b revving :111,1 ::011e^rima speelejl asscss- tirents up.•,t 1-1•npe11V ;peclally bene- fitthti ci an:.v provide for the issu- alict" of 1l " rc: t b aring bonds se- cured b;,r : ti "'Mes�tnents and to provide for Iolerlosure of as,sess- hnenrs 1e)1• 1,Gn .ct; melir thereof., Sec inn l4. To Bon. ow Money. To boreotr• =non(:: for ally. of the pur..:(t (-h ici: which the city is au- thortrea to lr. or:cte, and for carry- ing crit ;1n1• o1 -ht• powers whielh the 4 city is authorized to enjoy and ex - fin" 10 Issue bouas therefor, provided, the t In the procedure for Me, ereador,' :,ncl issuance of such botldeci the general laws cf the. St;lre: of C..^.lifornia in l f'OTCc tit the tin:i: such proceed.111��S are taken :atleli btl ol*erved and fol- lowed. :3ecl.iou Ir,. Spcefal Tax. To raise itlouey by s;,cc!al tax in addition to tale allimal tax levy provided in ARTICLE a:II of this charter. To auUiorlm such sl)ecltl tbx Lire couhl- cil sill;' subnrlt to the electors of tlhe cit;; the- question whether such tax shall b.� raked. by advertising a notice Of such election in a news- lpaper Of general circulation pub- lished in said city once a week for tiuee successive' weeks, specifying the time and place of holding the election, the amount of many pro- posed to be raised and the purpose for which it is intended to be used. Such election shall take place with- in twenty-five days after the first publication of said notice, and the levy of such tax must be approved by at least two-thirds of the quali- fied electors who vote at said ciec- LioIl. At such election the council may be authorized, in cases where public nec_mity requires the expen- dittw6 of any sum so voted before tae next succeeding tax lets, to issue warrants therefor, and pro- vide in the next succeeding tax levy for their payment, with interest not exceeding five per cent per annum. Ur the ccuncil may be authorized by such election to levy a special tax each year for a period of years not exceeding ten years in all, for any, permanent municipal improvement, and the money so raised may be #xpended each year after the same Is collected and available. No por- tion of the moneys thus raised shall be expended for any purpose other than that expressed in the notice calling such election, excepting when approved by at least two-thirds, of the electors votir,� at all approval election to be held in the manner above specified. Section 16. Zoning and Planning. In the itirerest of health, safety, morals and the general welfare, to aclopt a master plan and such other plants, zoning regulations and re- strictions. slum cicavance provisions and other procedures or regulations as niay be necessal.,v to effect and ^outrol the l orderly growth saki de- veloment of the municipality, talc nonaction ; tui preservation of aes- thetic, property and other values, and the progressive improvement of community convenience and coin - fort. Section 17. To Contribute Funds. To contribute funds, not exceeding in the aggregate in ally given fiscal year one per cent of the total rev- enue derived from ,eiiel-al municipal, taxes in such fiscal year to. or in a.ld of, am, non-profit, eleemosynary or charitable civic or public wen fare organization or institution wi,.:n in the opinion of the legisla- tive body of said city such contrlbu- ,fou Is to!• the veneral public wel- lare of sale' City anti its inhabitants. Section 18. Use of Equipment Outside City, To use or permit the use of city fire and, or police ecimp- ment, velNc'es and employees bevond the corporate limit, of said `city when neersary fur the welfare and protection of said city and its in- habitants or to prevent or minimize the spread of fire or other danger I into said 6ty. Section i9 Powers Inclusive. To do and perform, any and all other acts and things necessary, proper or convenient to curry out the pro- visions of this charter or of any of the laws, rules or regulations adopt- ed in pursuance thereof or of any of the general laws of the State of California Linder which this charter ;,giv:s said council the power to act or proceed. A Section General Grant of ?d:ter. ro exercise such other powers <(-,r are now or may be here- after granted by the legislature to flip munletpalities within the state, ualr-a ttre exercise of such powers is contrary to the provisions of this Charter; to exerelse all other need ful powers lo: the efficient admhals-' tratlon of 1110 Municipal govern menti. tike welture of the city or lts inhahitants, whether such powers are herein expressly enumerated or not; and to enact appropriate legis - un. ancl,ao or perform any and