HomeMy WebLinkAboutResolution 10199,11ENDYTENT NO. 1A
TO THE CHARTER OF THE CITY
OF SAN RAFAEL, CALIFORNIA.
Proposition to amend ARTICLE
III, ARTICLE VI, ARTICLE VII,
ARTICLE VIII, ARTICLE X,
ARTICLE XII, ARTICLE XIII,
ARTICLE XIV and ARTICLE XV,
and to repeal 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, 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by repealed, and Sections 4, 5, 6.
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 and ARTICLE III, Sec-
tions 2 and 8 of ARTICLE VI,
Sub -sections 1. 4. 6 and 7 o: 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 acid 3 of
ARTICLE XII. Sections 2, 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 THE CITY
Section 1. Powers of the City. The
City of San Rafael shall have all
power to make and enforce all laws
and regulations and to do all things
appropr'^t • with respect to muni-
)
cipai affairs, subject only to the
restrictions and limitations in this
charter. All powers of the city,
whether expressed or implied, shall
be exercised In the manner prescrib-
,-ed by this charter, or if not pre-
scribed therein, in the manner pro-
t1ded by ordinance or resolution. In
the absence of an ordinance or reso-
lution, procalures 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
anv dcubt concerning the exercise
of powers expressly mentioned.
Without denial or disparagement
of other powers held under the con-
stitution and laws of the state, the
City of San Rafael shall have the
right and power.
Section 2. General Corporate Pow-
ers. To have perpetual succession,
to adopt and use a corporate seal, to
sue and be sued, to acquire property
within or without its boundaries for
any municipal purpose, in fee simple
or lesser interest or estate, by pur-
chase, gift, devise, lease or condem-
nation. and to sell, lease, hold, man-
age and control such property as its
interests may require.
Section 3. Legislate. To pass ordi-
nances and resolutions not in con-
flict with the constitution of the
State of California or the Unitod
Mates of A=Ica.
,Sectio. -(.1 4.. Business License. To
liconse for purpose of regulation and
cevanue all and every kind of busi-
AESS, oCCllpaL 0D and profession au-
tl,eri:ed by law and transacted or
carried on in said city. and -all
shows, exhibitions, vend* devices
and lawful games carried on there-
in;' and to fix the rate of license tax
thereon and to provide for the col-
leciion 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-
tisernents, signs, billboards, banners,
placards, posters or pictures on any
streei, sidewalk or private property,
or upon any buildings, poles or
fences. or the use of any loudspeaker
system. or .mechanical device for the
intensification of sound in any pub-
lic way or place.
Section 6. Merit System. 'To
adopt a merit system governing per=
sonnel matters and defining the
positions or employees to be includ-
ed thereunder.
Section 7. Pensions. Upon a two-
thirds majority rote of the electors
voting at any election, to establish
a pension plan or a system of retire-
ment compensation, death benefits
or relief for any or all officers and
employees of the city and depen-
dents thereof.
Section 8. Enter Into. Agreements.
-To contract with the United States
government, the State of California,
or any public or quasi -public agency
thereof for the performance of any
municipal function competent for
the city to carry out under this
charter: or to perform any appropri-
ate state or+federal functions.
Section 9. P d b 1 i c Utility Fran-
chises. To grant public utility fran-
chises and to impose such regula-
tions thereon as may be conducive
to the safety,, welfare and accommo-
dation of the public."
Section 10. Street Maintenance by
Railroads: To require every rail-
road occupying a public street with-
in the city to keep the streets in
repair between the tracks, and along
and within the distance of two feet
upon each side thereof and if the
work so required to be done is not
started within ten days 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 richt to do such work arl
the cost thereof shall become a lion
on the property of said railroad
company in the city.
Section 11. Water Front and
forks. To improve the streams,
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
corporate limits for any municipal
purpose, and, for the purpose of (a)
protecting, preserving and facilitat-
ing an improvement or (b) financ-
ing an improvement or (c) bring -
in about such development of prop-
erty along or in the vicinity of an
improvement as will make such
development harmonious 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
lease such excess property with
building' and use restrictions and
conditions.
Section 13. Power of Special As-
sessment. To provide by ordinance
for the payment of all or any part
of the cost of land or other property
acquired for public use, of the con-
struction, reconstruction, r e p a 1 r,
operation or maintenance of any
structure -or work in the nature of
a public facility or improvement, in-
cluding a public utility, and of any
other public work or service, by
levying and collecting special assess-
ments upon property specially bene-
fitted and to provide for the issu-
ance of interest bearing bonds se-
cured by said assessments and to
provide for foreclosure of assess-
ments for non payment thereof.
Section 14. To Borrow Money.
To borrow money for any of the
purposes for which the city is au-
thorized to provide, and for carry-
ing out any of the powers which the
city is authorized to enjoy and ex-
ercise, and to issue bonds therefdr:
provided, that in the procedure for
the creation and issuance of such
bonded indebtedness the general
laws of the State of California in
force at the time such proceedings
are taken shall be observed and fol-
lowed.
Section 15. Special Tax. To raise
money by special tax in addition to
the annual tax levy provided in
ARTICLE XII of this charter. To
authorize such special tax the coun-
cil shall submit to the electors of
the city the question whether such
tax shall be raised, by advertising a
notice of such election in a news-
paper of general circulation pub-
lished in said city once a week for
three successive weeks, specifying
the time and place of holding the
election; the amount of money pro-
posed to be raised and the purpose
for which it is intchded to be used.
Sueh 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 quail -
fled Plectors who vote at said elec-
tion. At such election the council
may be authorized, in cases where
Public necessity requires the expen-
diture of any sum so voted before
the next succeeding tax levy,. to
hwa! warrants therefor, and pro-
vide un the neo !iuceeeding t , levy
for their payment, with interest not
exceeding five per cent per annum.
Or the council may be authorized by
such election to levy a snecfal 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
expended 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 voting at an approval
election to be held in the manner
above specified.
Section 16. Zoning and Planning.
In the interest of health, safety,
morals and the general welfare, to
adopt a master plan and such other
plans, zoning regulations and re-
strictions, slum clearance provisions
and other procedures or regulations
as may be necessary to effect and
control the orderly growth and de-
velopment of the municipality, the
promotion and preservation of aes-
thetic, property and other values,
and the progressive improvement of
community convenience and com-
fort.
Section 17. To Contribute FiLnds.
To contribute funds, not exceeding
in the aggregate in any given fiscal
year one per cent of the total rev-
enue derived from general municipal
taxes in such fiscal year to, or in
aid of, any non-profit, eleemosynary
or charitable civic or public. wel-
fare organization or institution
when in the opinion of the legisla-
tive body of said city such contribu-
tion is for the general public wel-
fare of said city and its inhabitants.
Section. 18. Use of Equipment
Outside City. To use or permit the
use of city fire and/or police equip-
ment, vehicles and employees beyond
the corporate limits of said city
when necessary for the welfare and
protection of said city and its -in-'
habitants or.,.t.o prevent or minimize
the spread of fire or other danger
into said city.
Section 19. Powers inclusive. To
do and perform any and all other
acts and things necessary, proper
or convenient to carry 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 cinder which this charter
gives said council the power to act
or proceed.
Section 20. General Grant of
Power. To exercise such other
powers as are now or may be here-
after grunted by the legislature to
the municipalities within the state,
unless the exercise of such powers
is contrary to the provisions of this
,charter; to exercise all other need-
ful powers for the efficient adminis-
tration of the municipal govern-
ment, the welfare of the city or its
inhabitants, whether such powers
are herein expressly enumerated nor
not; and to enact appropriate legis-
lation, and do or perform any and
all other acts and things which may
be necessary and proper to carry
out the general powers of the city
or of any of the provisions of. this
charter. 9
Section 21. General 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-
pressprovision of this charter; shall
prevail and shall be followed.
Section 22. Direct Legislation by
the People. Tlii; qualified voters of
the city shall have the power.
through the initiative and otherwise,
as provided in this charter and the
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 Construction.
Lastly, this grant of power is to be
liberally construed for the purpose
of securing the well being of the
municipality and its inhabitants.
ARTICLE TTI
CITY OFFICIALS
Section 2. Election and Tenn of
Office of Mayor. The Mayor shall be
elected at the general municipal
election to be held in said City of
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 unfit
his successor iF elected or appointed
and o?ualified.
Section S. Qualificartionrs of Offi-
cers. No person siia.11 be eligible to
hold any elecrlvc office in the city
of San Rafael unless he be a reti-
dent and elector therein, and shall
have resided in said city for three
(3) years next preceding the date of
electron.
AR'1ICLE VII
TT-ft'� COLINC-
Section 7, (1). Orcliai.nces an cl,
R-wl'utions. T" e council shall act
only by,ordinance, resolution or mom
Lion.
Serttcn 7, (4), Title of Ordinances..
Every or24rnancc shall be preceded
1w a brief de�c.riptive title, but the
tftle shall not be construed :is a part
of or rezArietion or the O:"d;• 1
Section `7, (6) . 86xgnire02cnts : of
elydlnances. No.drdi„ante shall be
prided by the council on t.+te day of
4 t a:treduction, nor wlthln fivet-,,yr
thereafter, nor at My time- other
tbon at a regular mee:tng, nor until
its nubltcatiou at least, oncer f0.
in a, ne-,rpa.per of general czrcula,-
tion published in the'City of San
Rafael at least three days before its
adoption; and in case of amend-
ment being made thereto before the
final adoption of the ordinance, it
must in like manner be republished
in full as amended at least three
days before its adoption as amended.
`,section 7. (7). Ordinance Required
in Certain Cases. No action pro-
viding for the sale of public property,
for the granting of ally franchise;
for the establishing or changing fire
limits; or for the imposing of any
penalty, shall be taken except by
Ordinance; provided, that such ex-
ceptions shall be observed as may be
called for in cases where the council
takes action in pursuance of a gen-
eral law of the state.
ARTICLE VIII
EXECUTIVE AND
ADMINISTRATIVE
DEPARTMENTS
Section 3. Assessor. Until the city
council avails Itself of the provisions
of the general laws of the state rela-
tive to the assessment and collection
ofcityy taxes 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 said list, and proceed-
ings relating thereto, shall be in
conformity with the laws which may
be 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 oil or before the date
specified by ordinance with the city
clerk. The assessor or his deputy
shall have power to administer all
oaths and affirmations necessary in
the performance of his duties.
Section 4. City Clerk. The city
clerk shall be clerk of the eognell
and of the board of equalization and
shall, attend all meetings and shall
keep iii,'separate Books full and true
records of all proceeclings 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-
ing 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-
tmoac rttiify and to
when affidavits
in the performance of his duties. He
shall have full powers and perform
such otter duties as may. be provided
by this charter, by .&AipaXae, or
delegated to him by his superior
officer or officers.
Section 5. City Attorney. The city
attorney shall be admitted to prac-
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
time to time.
Section .6. Chief of Police. The
chief of police shall be head of the
police department, and shall have
al] the powers that are now or may
hereafter be conferred upon sheriffs
and otherpeace 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
him 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,
and it is hereby made his duty, to
arrest persons violating any ordi-
nance of the city. He shall have
such other powers and duties apper-
taining 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-
ment. The chief of the fire depart-
ment shall be the head of the fire
department and shall have charge
and supervision over all matters re-
lating to the' prevention and extinc-
tion of fires, and of all measures
necessary toguard 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.
During a fire the chief of the fire
department shall be in supreme
authority oler the territory involved
therein, and all persons in the im-
mediate vicinity of said fire, includ-
ing policemen, shall be subject to
his orders.
Section 9. Health O f f i c e r. The
health officer shall exercise general
supervision 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, functions. dutles, responsi-
biliLies and activities of the city
shall' ire apportioned amongg and
delegated to appropriate clepart-
ments or commis.Mons by adminis-
txa tive rule in the manner o crest
desigugd to arcopr�ilish effeett,.
economical service. Mach depart-
ment sial! ae wider the direction of
an official' trained or experienced in
the duties and functions of that
agency who shall have authority to
prescribe and enforce regulations
not inconsistent with this charler
or ordinances passed thereunder or
with the rules of the chie-:-
t•ive. and to supervise all subordi-
nate officers and employees assigned
to that department.
ARTICLE X
POLICE COURT
Section 2. Judge and Qualifie:%-
tions. Said court shall consist of one
judge who shall have attained the
age 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
:emended to read, relative to 'the
procedure in justices' courts are ap-
plicable to the procedure in the po-
lice court. It may issue all, writs
and process which may be issued by
justices.
Section 8. Sieknesq or Disability.
Upon the 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 Maria, 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
cast 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 liens
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
jurisdiction to foreclose such liens,
or by sale of property affected, and
the execution and delivery of all
necessary certificates and deeds
therefor, under such regulations as
may be prescribed by ordinance.
Any pproperty sold for such taxes
shall be subject to redemption upon
such terms as the city council uray
prescribe by ordinance. All dct dh
made upon any sale of property tqr
taxes or special assessments under
the provisions, of this charter shall
have tho sanlc 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 a_rainst the person, and
every lien created b this section has
the force and effect of an execution
levied against all property of the
delinrtuent The judgmsnt 1s 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 W have been paid
after thirty years from the time the
same became a lien, unless the prop-
erty subject thereto has been sold in
the manner provided by law for the
payment of said tax.
Section 3. Equalization. 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 as
may be established by ordinance,
and sit as a board of equalization,
and shall continue in session from
day to day until all the returns of
the assessor have been rectified.
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
paid tax for said year. It shall be
certified by the clerk of the board of
equalization as being the assessment
roll for said tax, and shall be the
assessment roll upon which such tax
shall be levied in said year. Notice
shall be given of the time and place
of sitting in such manner as may
be prescribed by ordinance.
ARTICLE XII
OF THE C11A-1-tTER OF THE
CITY OF SAN RAFAEL, CALI-
FORNIA, IS HEREBY AMEND-
ED BY ADDING THERETO
NEW SECTIONS WHICH
SHALT. BE NUMBERED SEC-
TIONS 4, 5, 6, 7, 8, 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 ineet all principal and
interest payments due or to become
due and payable on bonds and cou-
poiis outstanding or to be issued
Jwd !Md during the year. Such
lt:vlw shad; not come within any tax
4uilt, presrrs!ied In t1w ch:a4-r or
the general .laws of the` -$trite of
California, but shall be in addition
thereto. Moneys raised from such a
tax shall be used exclusively for the
payment 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 Fiend. 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 shall 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 each 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 plac-
ing such fund, as nearly as possible,
on 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-
sessments, or other income of the
borrowing fund, and in no event
later than one year after the date of
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-
paid 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
city compiled from detailed infor-
mation obtained from the several
departments. The budget shall set
forth all proposed expenditures for
the administration, operation and
maintenance of all departments and
agencies of the city for which ap-
propriations are required to be made
or taxes levied; all expenditures for
capital projects to be undertaken or
executed during the fiscal year; all
interest and debt redemption
charges during the fiscal year; and
the actual or estimated operating
deficits or surpluses from prior fis-
cal years. In addition, the budget
shall sct forth the anticipated in-
come and other means of financing
the total proposed expenditures of
the city for the fiscal year. The
budget document shall consist of
three parts as follows:
Part I shall contain a budget mets-
. -age o:itlixtiiig the tisciil policy o.L--
tate city government and describing
the important features of the budget
with reference both to proposed ex-
penditures and anticipated Income:
a general budget• summary with ap-
propriate supporting schedules which
shall exhibit the aggregate, figures
of the budget in such a manner to
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 compare these
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
withfor current and preceding years
percentage collectible; state-
ments of the bonded and other in-
debtedness of the city government,
showing the debt redemption and
interest requirements, the elate and
amount, authorized 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, including an appropria-
tion ordinance or resolution and
such other ordinances or resolutions
as may be required to finance the
budget.
Section 8. Adoption of the Badu.
The council shall arranngt Fa; and
hold at least one wu li- hearing on
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 proposed expendi-
tures. When the council shall make
such changes it shall issue a state-
ment setting forth clearly its action
and the reasons therefor. At least
ten days before the beginning of the
fiscal year, the council shall approve
the budget plan and shall enact an
appropriation ordinance or resolu-
tion.
As soon as pos,ible after the pos-
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
budget effective.
At --ny regular meeting of
council after the passage of the np-
propriation ordinance or resolution,
the cotliscll by vote of four members
may amend the • satns so as to
wa rize tiec1-,;at.. i
balances appropriated for any pur-
pose to another purpose. or to ap-
propriate available revenues notin-
cluded in the original appropriation
ordinance. Subject to the restric-
tions provided in 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 subject to re -appropriation,
but appropriations may be made for
works, improvements or other objects
which will not be completed within
the fiscal year and any such appro-
priation shall continue in force until
the purpose for which it was made
shall have been accomplished 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
appropriations and the availability
of funds. At least once each month
a summary statement of the various
subsidiary accounts of the city,
showing Elie condition of appropria-
tions and the financial condition of
the city, shall be submitted to the
council for its information. Follow-
ing the close of each fiscal year, a
full report shall be submitted to
the council by the chief executive
officer showing the financial condi-
tion of the city and describing the
outstanding accomplishments dur-
ing the preceding year.
Section 10. Disposition of Public
Monev. 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, at
least monthly, shall deposit such
money into the city treasury in the
manner prescribed by ordinance for
the benefit of the fund to which
such moneys respectively belong.
Section 11. Payment of City
Money. Payment by the city, except-
ing 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 payable.
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 warrants drawn on the City
treasury during the preceding month
and the amounts thereof sli+ill be
submitted to the council for iGs in-
formation. Except as above pro-
vided. no warrant shall be issued for
ljayment unless the claim therefor
Is in proper form, is clearly com-
puted and duly certified as being
correct, is justly and legally due and
payable, and unless hinds are avail-
able and an appropriation has been
made therefor which has not been
exhausted.
Section 12. Temporary 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 or special assessments.
Such bonds, notes or registered war-
rants shall be a first lien upon re-
ceipt of such taxes or assessments,
and shall mature within thirty days
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' aggregate more than
twenty-five percent of the total
appropriations of the city for such
year.
ARTICLE XIII.
PUBLIC WORK AND CONTRACTS
Section 2. Progressive Payments
on Contracts. Contracts may pro-
vide for progressive payments if in
the ordinance or resolution author-
izing or ordering the work permis-
sion is given therefor; but no pro-
gressive payments can be provided
for or made at any time, which,
with prior payments, shall exceed
seventy-five per cent of the value
of the labor done and the materials
used un to that time, and no con-
tract shall provide for or authorize
the payment of more than seventy-
five per cent of the contract price
before the completion of the work,
don
$ thereunder and the acceptance
thereof by the proper officer, board
or department.
Section 3. Public 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 Hate of. the,
Wt publication of said notice. The
obuncil 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 %vhom a contract has
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 hull 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, directly 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 this section made with the knowl-,
edge, express or implied of the
person or corporation contracting
with the city shall render the con-
tract voidable by the city.
ARTICLE XIV.
FRANC.IISES.
Section 1. Franchise Grants. 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-'
forma. No such proposed ordinance
shall be 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
as all 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=
gages or other documents affecting
Me title or use of public utilities
shall be filed with the city within
ten (lays 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 prescribgd.
or otherwise, to comply with the
terms prescribed.
(2) To require proper and ade-
quate extension of plan and service,
and the maintenance of the plant
and fixtures at the highest practi-
cable standard of efficiency.
(3) To impose such other regula-
tions as may be conducive to the
safety, welfare and accommodation
of the public.
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 the util-
ity property used in the city, or con-
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 in
accordance with the terms and con-
ditions to be prescribed thereby; and
such permits shall. not be deemed
to be franchises as the term is used
in this charter. Such general ordi-
nances, however, shall be subject to
the same procedure as .an ordinance
granting a franchise and shall not
be passed as an emergency measure.
Section 5. Extensions of Public
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
Grants. Every public utility fran-
chise hereafter granted shall be held
subject to all the terms and condi-
tions contained in this charter,
whether or not such terms are spe-
cifically mentioned in the franchise.
Nothing in this charter shall oper-
ate to limit in any way, except as
specifically stated, the discretion of
the council or the electors of the
city in Imposing terms and condi-
tions in connection with any fran-
rhiEc 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 voting at any election,
the city council shall have the power
to provide for a pension plan for
city employees, for the purpose of
effecting economy and efficiency in
the public service by providing a
means whereby 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
adopted shall be on a sound actu-
arial basis, that is, it shall provide
for contributions by both the city
and the employee members of the
system, which contributions shall be
based on percentages of payroll, to
be changed only by adjustments on
account of experience under the
system, such contributions shall be
in such amounts as will accumulate
at retirement to a fund sufficient
to carry out the promise to pay
benefits to the individual, on ac-
count of the service as a member
of the system without further con-
tributions from any source. Any
benefits based on service rendered
prior to membership in the system
must be met by further contribu-
tions of the employer and such prior
service liability may be funded over
a fixed period of years.
As an alternative method of pro-
viding a retirement system the city
may contract with the Board of Ad-
ministration of the State Employees'
Retirement System or other state of-
ficers or boards, and enter all or any
portion of its employees under such
system in such manner as may be
provided by law and tinder the terms
and conditions of such contract.
Section 17. Expert Services. Tkle
city council may contract with any
person, firm or corporation for the
furnishing 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 agreed to be
rendered by the expert or experts
whin whem the contrast is made.
Said proposed Charter Amend-
ment No. lA was filed in the office
of the City Clerk of the City of San
Rafael, California, on February 5,
1915, and ordered submitted to the
electors of said city by Resolution
No. 1016 adopted by said City Coun-
cfl on said date.
Said proposed Charter Amend-
ment will appear upon the ballot to
be used at said election in the fol-.
lowing form. to -wit:
"Amendment No. IA—Proposi-
tion to amend ARTICLE III, AR-
TICLE VI, ARTICLE VII, AR-
TICLE VIII, ARTICLE X. AR-
TICLE XII. ARTICLE XIII. AR-
TICLE XIV and ARTICLE XV,
and to repeal Section 8 of AR-
'iTCLE VII. Section 11 of ARTI-
CLE VIII, Section 4, 5 and 9 of
ARTICLE XIII and Section 19
of ARTICLE XV of the Charter
of the City of San Rafael, Califor-
nia, and adding Sections No. 4,
5, 6, 7, 8, 9, 10, 11 and 12 to AR-
TICLE XII, as set forth in full in
proposed Amendment No. lA filed
in the office of the City Clerk of
the City of San Rafael. Califon la,
on February 5, 1945, and as set
forth in full in Amendment No.
IA annexed to Resolution No. 3016
adopted by the City Council of
said City on February 5, 1945, pro-
viding for the submission of said
amendment to the electors of said
city, and as set forth in full in
the publication of said proposed
amendment in the San Rafael
Independent and The Marin Jour-
nal, provided by the Constitution
of the State of California, and
as set forth in full in the election
proclamation providing for the
general municipal election to be
be held in said city on the 9th
day of April, 1945, and as set forth
in full in the copy of said pro-
posed amendment mailed to the
electors with the sample ballot to
be used at said election, to all of
which reference Is hereby made
for the complete wording, form
and text of said amendment."
