w
Digitized by the Internet Archive
in 2007 with funding from
IVIicrosoft Corporation
http://www.archive.org/details/charterforcitycoOOalamrich
CHARTER
FOR THE
CITY AKD COUNTY OF OAKLAND
v\
Prepared, oioposed and amend-
ed b"y the 3oard of Freeholders
elected February 3, 19 21, in
pursuance of Section 7|-a, Art-
icle XI, of the Constitution
of the Stete of California.
— oOo —
i?!).^^,^ ^
\
^
\
I
1
7S izH
As
CHARTER.
I
OF THE ,
1
CITY AND COUNTY OF OAKLAND i
NAME AND BOUNDARIES
Sec. 1. The City of Oakland, the City of Piedmont and the
Tov/n of Emeryville, and all that portion of the County of Alameda
embraced within the corporate limits of the said incorporated
cities and town are hereby merged and consolidated into one
municipal government ^ and the inhabitants thereof shall be a body
politic and corporate. The name of said consolidated city and
county goverrjnent shall be the City and County of Oakland. Said
city and county shall have perpetual succession, may sue and be
sued and shall have a corporate seal.
The City and County of Oakland shall consist of all that
portion of Alameda County, as it existed December 1, 1921, bounded
and described as follows: j
Commencing at a point on the line dividing said Alameda County
from the City and County of San Prancisoo, where said line is inter- :
sec ted by the Southerly boundary line of the City of Berkeley; thence
Easterly along said Southerly boundary line of the City of Berkeley, ^
and continuing along the boundary of the City of Berkeley, Northerly, '
Testerly, and Northerly to the intersection thereof with the line !
dividing said Alameda County from Contra Costa County; thence in a
general Southeasterly direction along said line dividing Alameda ]
i
County from Contra Costa County, being also the Northeasterly bound-
1
ary of the City of Oakland, to a point on said dividing line which !
-I
-1- '.
' \vi'.}
0)
-I X
iVjV':!-V-;
• Ma
■•iy; •
: r;i /,
' ■ i*
.1 . 1 •, .t
■'■'> :h.
< i :>■■
is common to the City ol Oekland, to Contra Costa County, and to
Eden Township in said Alameda County; thence along the line divid-
ing the City of Oakland from Eden Township in Said Alameda County
in a general Southeasterly direction and continuing along said line
in a general Westerly direction to the intersection thereof with
the Northeasterly boundary of the City of San Leandro; thence
Northwesterly along said Northeasterly houi-idary of the City of San
iieandro, being the line dividing the City of Oakland from the City
of San Leandro, and continuirig Southwesterly along said dividing
line to the intersection thereof with the line dividirxg the City
of Oakland from Eden Township in said Alameda County; thence in a
general Westerly direction alorig the said line dividing the City of
Oakland from Eden Township in Alameda County to the intersection
thereof with the Easterly boundary of the City of Alameda, being
the line dividing the City of Alameda from the City of Oakland;
thence Northerly and Northwesterly alorig said line dividing the
City of Oakland from the City of Alameda to the intersection thereof
with the line aforementioned dividirig Alameda County from the City
end County of San Francisco; -thence Northwesterly along said line
dividing Alameda Courxty from the City and Cotmty of San Francisco
to the point of commencement.
Being all those certain portions of Alameda County, as it
Existed December 1, 1921^ contained within the corporate limits of
the City of Oakland, the City of Piedmont and the Town of Emeryville.
PO:/EHS
Sec. 2. The city and county shall have and is hereby granted
the authority to exercise all rights and powers relatir^g to munici-
pal affairs, and all lights end powers which are now or may be
hereafter confeired u^jon courities, cities, cities and counties,
municipal or utility districts, by the Constitution and laws of
-2-
i:-
the State of California, and shall have such other rights and powers j
appropriate to a county, city, city and coTinty, municipal or utility
district, as are not specifically prohibited by the Constitution of \
the State of California, subject only to the restrictions and limi- i
tations contained in this charter; and it shall have and is hereby
granted the authority to make and enforce all laws and regulations ;
in the exercise of said powers. i
The enumeration of particular powers by this charter shall
not be held or deemed to bo exclusive, but, in addition to the
1
powers enumerated herein, implied thereby or appropriate to the \
\
exercise thereof, the city and county shall have and may exercise !
all other powers which now are conferred or which hereafter it would i
4
be competent for this charter specifically to enumerate. ,
CREATION OF METROPOLITAN COUNCIL j
Sec. 3. There is hereby created a Metropolitan Council which
i
Shall have full power and authority, except as herein otherwise
provided, to exercise all powers conferred upon the city and county,
including all powers and duties now or hereafter conferred or im- j
i
posed by law upon boards of supervisors. •
COMPOSITION OP METSOPOLITAN COUNCIL
Sec. 4. The Metropolitan Council shall consist of seven '
councilmen, who shall be elected by districts. The councilraen :
first elected from Districts 1, 3, and 5, as said districts are j
bounded and described in Section 5 of this charter, shall hold ■
office until 12 o'clock noon on the first Mondey after the first
4
day of January, 1925, and the councilmen first elected from Districts
2, 4, 6, and 7, as the said districts are bounded and described in i
i
Section. 5 of this charter, shall hold office until 12 o'clock noon ]
on the first Monday after the first day of January, 1927. Thereafter, i
as the terms of the councilmen expire, their successors shall oe |
elected for terms of four years and shall hold office until their I
successors shall have been elected or appointed and shall have j
qualified.
COUNCIL DISTRICTS
Sec. 5. For the purpose of the election of councilmen, the
oity and county is hereby divided into seven districts, as follows;
Council District No. 1 shall consist of all that portion of
the city and county do scribed as follows:
Commencing at the most Westerly corner on the bouafisry ox
the City and County of Oakland and running thence Southeasterly
along the Westerly boundary of the City and County of Oakland to
a point on said boundary, said point being a corner conimon to the
City and County of Oakland and the City of Alameda; thence Easterly
along the line dividing the City and County of Oakland from the
City of Alameda to a point where said line is intersected by the
direct extension Southwesterly of the center line of Broadway in
the City and County of Oakland; thence Northeasterly along said
direct extension Southwesterly of Broadv/ay, and continuing North-
easterly along the center line of Broadway to the intersection
thereof with the center line of Telegraph Avenue; thence North-
easterly along said center line of Telegraph Avenue to the inxei-
section thereof with the dijrect extension Easterly of the center
line of Sycamore Street; thence V/esterly along said direct exten-
sion and along said center line of Sycamore Street and along the
direct extension Westerly thereof to the intersection thereof with
the center line of San Pablo ivenue; thence Northerly along said
center line of San Pablo .^venue to the intersection thereof with
the direct extension Easterly of the center line of Mead Street;
thence Westerly along said direct extension end along the center
line of Mead Street and along the direct extension Westerly thereof
to the intersection thereof with the center line of Market Street;
thence along the center line of r.aiket Street to the intersection
thereof with the direct extension L^^sterly of the center line of
24th Street; thence Northwesterly along said direct extension and
-4-
along the center line of 24th Street and continuing Northwesterly ;
along the direct extension Northwesterly of said center line of ]
i
24th Street to a point on the Northerly line of the City and County j
of Oakland; thence alorig last said line Southwesterly to the point ■
of commencement. i
Council District No. 2 shall consist of all that portion of |
the city and coxmty described as follows: ■
Commencing at a point on the Northerly boundary 6f the City \
1
and County of Oakland, said point being the intersection of said j
line with the direct extension Northwesterly of the center line of
S4th Street in the City of Oakland; thence in a general Easterly
direction along said Northerly boundary line of the City and County ]
of Oakland to the intersection of said boundary line with the center •
line of Telegraph Avenue; thence Southerly along said center line i
of Telegraph Avenue to the intersection thereof with the direct ■
extension Easterly of the center line of Sycamore Street; thence :
Westerly along said direct extension and along the center line of ,
■i
Sycamore Street and along the direct extension Westerly thereof |
to the intersection thereof vjith the center line of San Pablo
Avenue; thence Northerly along the center line of San Pablo Avenue •
to the intersection thereof with the direct extension Easterly of ]
j
the center line of Mead Street; thence along said direct extension 1
and along the center line of Mead Street and along the direct j
i
extension Westerly thereof to the intersection thereof with the J
i
center line of Market Street; thence along the center line of 1
Market Street to the intersection thereof with the direct exten-
sion Easterly of the center line of 24th Street; thence Westerly !
along said direct extension and along the center line of 24th j
Street and continuing Northeasterly along the direct extension !
Northwesterly thereof to its intersection with the aforementioned |
Northwesterly boundary line of the City end County of Oakland, \
being the point of commencement.
-5- i
: Nt* • •>«
:; • *f^^v
> > V'.."*'
■t. x
Council District No. 3 shall consist of all that portion
ol the city and county described as follows:
Commencing at a point on the center line of Telegraph
Avenue in the City and County of Oakland where said center line
is intersected by the center line of 41st Street; thence South-
easterly along the center line of 41st Street and along a direct
extension Southeasterly thereof to the intersection thereof with
the center line of Piedmont Avenue; thence Northessterly along
the center line of Piedmont Avenue to the point vv'here said center
line is intersected by the direct extension Northwesterly of the
center line of Linda Avenue; thence Southeasterly along said
direct extension and along the center line of Linda Avenue to the
intersection thereof with the boundary of the City of piedmont
as it existed December 1, 1921; thence in a general Southeasterly
direction along said boundary of the City of Piedmont as it
existed December 1, 1*921, and continuing Northeasterly along said
boiindary to the most Easterly corner on said boundary; thence
leaving said boundary of the City of Piedmont, as it existed
December 1, 1921, and running due East to a point on the center
line of County Road No. 625; thence Northeasterly along the
center line of County Road No. 625 to the intersection thereof
with the center line of County Hoad No. 634; thence Northwesterly
along the center line of County Road IJo. 634 to the intersection
thereof with the center line of County Road IJo. 2457; -chence
Northeasterly along the center line of County Road No. 2457 to
the intersection thereof with the center line of County Road No.
2859; thence Northeasterly along the center line of County Road
No. 2359 to the intersection thereof with the center line of
County Road No. 2874; thence Horthessterly alorxg the center line
of County Road No. 2874 to the intersection thereof with the
center line of Thorn Road; thence Easterly along the center line
-6-
of Thorn Road to the intersection thereof '-vith the Northeasterly
boundary of the City and County of Oakland; thence Northwesterly
along said Northeasterly boundary and continuing Southerly, East-
erly, Southerly, Westerly, Northerly and Westerly along the bound-
ary of said City and County of Oakland to the intersection thereof
with the center line of Telegraph Avenue; thence Southwesterly
along the center line of Telegraph Avenue to the point of com-
mencement.
Coxincil District No. 4 shall consist of all that portion
of the city and county described as follows:
Commencing at a point on the Southwesterly boundary of the
City and County of Oakland, being also the line dividing the City
and County of Oakland from the City of Alameda, where said boundary
is intersected by the direct extension Southwesterly of the center
line of Broadway; thence Northeasterly along said direct exten-
sion Southwesterly of the center line of Broadway and continuing
Northeasterly along the center line of Broadway to the intersec-
tion thereof v;ith the center line of Telegraph Avenue; thence
Northeasterly along said center line of Telegraph Avenue to the
intersection thereof v/ith the center line of 41st Street; thence
Southeasterly along said center line of 41st Street and along a
direct extension Southeasterly thereof to the intersection thereof
with the center line of Piedmont Avenue; thence Northeasterly
along the center line of Piedmont Avenue to the point where said
center line is intersected by the direct extension Northwesterly
of the center line of Linda Avenue; thence Southeasterly along
said direct extension and along the center line of Linda Avenue
to the intersection thereof with the boundary line of the City of
Piedmont, as it existed December 1, 1921; thence in a general
Southeasterly direction along said boundary of the City of Pied-
mont, as it existed December 1, 1921, to the intersection thereof
-7-
with the Southeasterly line of the Right of Way of the Great ' es-
tern Power Comparxy; thence Southwesterly along said Southeasterly
line of said I?ight of Way to the intersection thereof with the
center line of Creed Rosd; thence Southeasterly along the cenier
line of Creed P.oad to the intersection thereof with the Southerly
line of Lakeshore Hills, as shown on that certain map entitled
"Lakeshore Hills, Oakland, Alameda County, Cal." of record in
the office of the Recorder of Alameda County, thence Westerly
along said Southerly boundary of Lakeshore Jlills to the Easterly
line of Mathews Avenue; thence Northwesterly on a direct exten-
sion Northwesterly of said Southerly boundary to the center line
of Mathews Avenue; thence Southwesterly along said center line
of Mathews Avenue and along the direct extension Southwesterly
thereof to the intersection thereof v/ith the c'irect extension
Easterly of the center line of Ejccelsior Avenue and continuing
alorig a direct extension Westerly of said center line to the
intersection thereof with the line dividing Oakland To.vnship
from Brooklyn Township, as they existed December 1, 1921;
thence Southwesterly along said line dividing Oakland TovvTiShip
from Brooklyn Township to xhe in.. si see Lion ihereox v.'ith the
aforementioned Southv/esterly bounrry of the Ci .y ^nd Souncy of
Ockland; thence Korthvesterly clonj. £-id bouadf-ry oi' die Ci\.; :-nC.
Cou.ity of Oakland to the .^-oinc of con; .encement .
Council District No. 5 shall consist of all that portion
of the city and county described as follows:
Commencing at a point on the Southwesterly boundary of the
City and County of Oakland, being also on the line dividing the
City and County of Oakland from the City of Alameda, where said
boundary is intersected by the line dividing Oakland Township
from Brooklyn Township, as they existed December 1, 1921; thence
Northeasterly along said line dividing Oakland Township from
Brooklyn Township to a point where said dividing line is inter-
-8-
sected by the direct extension V/esterly of the center line of
Excelsior Avenue; thence Easterly along said direct exteriSion
and continuing Easterly along the center line of Excelsior
Avenue and along a direct extension Easterly thereof to a point
where said extension is intersected by the direct extension
Southwesterly of the center line of Mathews Avenue; thence North-
easterly along said extension and along the center line of
Mathews Avenue to a point where said center line is intersected
by the direct extension Northwesterly of the Southerly boundary
of Lake Shore Hills, ss said Southerly boundary of Lakeshore
Hills is shown on that certain map entitled "Lakeshore Hills,
Oakland, Alameda County, Cal.", of record in the office of the
Recorder of Alameda County; thence Southeasterly along said
direct extension to the Easterly line of Mathews Avenue; thence
Easterly along said Southerly boundary of Lakwshore Hills to the
intersection of said boundary with the center line of Creed Road;
thence Northwesterly along the center line of Creed Road to the
intersection thereof with the Southeasterly line of the Right of
Way of the Great Western Power Company; thence Northeasterly
along said Southeasterly line of said Right of Way to the inter-
section thereof with the boundary of the City of Piedmont, as it
existed December 1, 1921; thence Southeasterly along said bound-
ary of the City of Piedmont, and continuing Northeasterly along
said boundary of the City of Piedmont to the most Easterly
corner on said boundary; thence leavirig said boundary of the
City of Piedmont, as it existed December 1, 1921, and running
thence due East to a point on the center line of County Road No.
625; thence Northeasterly along the center line of County Road
Wo. 625 to the intersection thereof with the center line of
County Road No. 634; thence Northwesterly along the center line
of County Road No. 634 to the intersection thereof with the center
-9-
line of County Road No. 2457; thence Northeasterly along the
center line ol County Boad No. 2457 to the intersection thereof
with the center line of County Road No. 2859; thence North-
easterly along the center line of Coxmty Road No. 2859 to the
intersection thereof with the center line of County Road No. 2874;
thence Northeasterly along the center line of County Road No. 2874
to the intersection thereof with the center line of Ehom Road;
thence Easterly along the center line of ^Thorn Road to the inter-
section thereof with the Northeasterly "boundary of the City and
County of Oakland; thence Southeasterly along said Northeasterly
boundary to the intersection thereof with the line dividing the
North one -half from the South one-half of the Northeast one-
quarter of Section 34, in Itownship 1 South, Range 3 West, M. D.
B. & M.; thence leaving said Northeasterly boundary of the City
and County of Oakland Westerly on a direct extension Westerly of
said dividing line to an intersection with the center line of
County Road No. S509; thence Westerly along said center line of
Courxty Road No. 2509 to the intersection thereof with the center
line of County Road No. 1854, otherwise known as Lincoln Avenue;
thence Southwesterly along the center line of said Lincoln Avenue
and along a direct extension Southwesterly thereof to the inter-
section thereof with the center line of Hopkins Street; thence
Westerly alorig the center line of Hopkins Street to the inter-
section thereof with the direct extension Northeasterly of the
center line of 23rd Avenue; thence Southwesterly along said direct
extension and continuing Southwesterly and Southerly along the
center line of 23rd Avenue and along the direct extension South-
erly thereof to the intersection thereof with the Southwesterly
boundary of the City and County of Oakland; thence Northwesterly
alorig said Southwesterly boundary of the City and County of
Oakland to the point of commencement.
-10-
Councii District No. 6 shall consist of ell that portion
of the city and cotinty descrihed as follows:
Commencing at a point on the Southwesterly boundary of the
City and County of Oakland, being also the line dividing the City
and Coxinty of Oakland from the City of Alameda, where said bound-
ary is intersected by the direct extension Southerly of the
center line of 23rd Avenue; thence Northerly along said direct
exj;ension and continuing Northerly and Northeasterly along the
center line of 23rd Avenue and along the direct extension Worth-
easterly thereof to the intersection thereof with the center line
of Hopkins Street; thence Easterly along the center line of Hop-
kins Street to the intersection thereof with the direct exten-
sion Southwesterly of the center line of Lincoln Avenue; thence
Northeasterly along said direct extension and along lihe center
line of Lincoln Avenue, otherwise known as County Road No. 1854,
to the intersection thereof with the center line of County Road
No. 2509; thence Easterly along the center line of County Road
No. 2509 to a point where said center line is intersected by the
direct extension Westerly of the line dividing the North one-
half from the South one-half of the Northeast one -quarter of
section 34, Township 1 South, Range 3 West, M. D. B. & M. ;
thence Easterly along said direct extension Westerly of said
dividirig line to the intersection thereof with the Easterly
boundary of the City and County of Oakland; thence Southeasterly
along said Easterly boundary line to the intersection thereof
with the center line of Redv/ood Road, otherwise Known as County
Road No. 809 and County Road No. 2760; thence Southwesterly
along the center line of Redwood Road to the intersection thereof
with the direct extension Northeasterly of the center line of
39th Avenue; thence Southwesterly along said direct extension
and along the center line of 39th Avenue to the intersection
-11-
thereof with the center line of Bayo Street; thence Southeasterly
along the center line of Bayo Street and along the direct exten-
sion Southeasterly thereof to the intersection thereof with the
center line of High Street; thence Southwesterly along the center
line of High Street and along the direct extension Southwesterly
thereof to the intersection thereof with the Southwesterly boxmd-
ary of the City and County of Oakland; thence Northwesterly along
said Southwesterly boundary of the City cmd County of Oakland to
the point of commencement.
Council District No. 7 shall consist of all that portion
of the city and county described as follows:
Commencing at a point on the Southwesterly boundary of the
City and County of Oakland, being also the line dividing the City
and County of Oakland from the City of Alameda, where said South-
westerly boundary is intersected by the direct extension South-
westerly of the center line of High Street; thence Northeasterly
along said direct extension and along said center line of High
Street to the intersection thereof with the direct extension
Southeasterly of the center line of Bayo Street; thence North-
westerly along said direct extension and along said center line
of Bayo Street to the intersection thereof with the center line
of 39th Avenue; thence Northeasterly along said center line of
39th Avenue and along the direct extension Uortheasterly thereof
to the intersection thereof with the center line of Redv;ood Road,
otherwise known as County Road No. 809 and County Road No, 2760;
thence Northeasterly along the center line of Redwood Road to the
intersection thereof with the Northeasterly boundary of the City
and County of Oakland; thence Southeasterly along said North-
easterly boundary and continuing Southerly along the Easterly
boundary of said City and County of Oakland and continuing in a
general Westerly direction along the Southerly boundary of the
-IE-
£1 Tiiy
City and County of Oakland to the Southwest corner thereof; thence
Northerly along the Southwesterly boundary of said City and County
of Oakland to the point of commencement.
COMPEI^SATION
Sec. 6. Each councilman shall receive a salfiry ef two
hundred dollars per month.
QUALIFICATION OF COUNCILMEN
Sec. 7. Each councilman must have been an elector of the
district from which he is elected for at least one year prior to
his election, and must reside in said district during his incum-
bency. Any councilman who shall cease to possess any of the
qualifications required by this charter shall forthwith forfeit
his office, and it shall be the duty of the Metropolitan Council
to declare such forfeiture,
VACANCIES
Sec. 8. If a vacancy shall occur in the office of 6oun-
cilman from any district, the Metropolitan Council shall appoint
a person from said district possessing the qualifications speci-
fied in Section 7 hereof, who shall hold office until the elec-
tion and qualification of a councilman to fill the vacancy, which
election shall take place at the next succeeding general munici-
pal election, and the councilman so elected shall hold office
for the remainder of the unexpired term; provided, however,
that if the next j^'^dril'-rAunttftjsal election is held in the
month tf November next preceding the expiration of said term,
then the appointee of the Metropolitan Council shall hold office
f-^r the unexpired term and until his successor is elected and
qualified.
-13-
. ■'»^:S ;■: i
MEETINGS
Sec. 9. The Metropolitan Council first elected under the
provisions of this charter shall hold its first meeting in the
rooms of the Board of Supervisors of the County of Alameda in
the Hall of Records, at 10 o'clock a.m. on the second Monday
follov/ing the issuance of their certificates of election by
said Board of Supervisors.
At such meeting the Metropolitan Council shall organize
and provide for a time and place for the holding of regular
meetings. All meetings of the Metropolitan Council must he
public, and the minutes and books of the Metropolitan Council
shall be open at all reasonable times for public inspection.
Eo meetings shall be held except at such regular place of
meeting.
Absence from five consecutive regular meetings, unless
excused by resolution- of the Metropolitan Council, shall operate
to vacate the seat of any councilman so absent.
SPECIAL mETIKGS
Sec. 10. Special meetings of the Metropolitan Council
may be called by the Mayor or by any two councilmen upon
written notice to each councilman, served personally upon him
or left at the place designated by him on the books of the
clerk, (which designation must be made to, and a record thereof
kept by, the clerk) at least twenty-four hours before the
time of the proposed meeting. Such notices must specify the
subjects to be considered, and no other business shall be
transacted at such meetings.
QUORUM
Sec. 11. A majority of the coTincilmen shall constitute
a quorxim for the transaction of business, but n» act of the
-14-
' >'■
■■• r
Metropolitan Co\mcil shall be valid unless a majority of all the i
councilmen concur therein. >
j
PROCEDUKE OF METROPOLITAU COUNCIL :
Sec. IS. Except as otherwise provided in this charter, ;■
the Metropolitan Council shall determine its rules of procedure.
It shall keep minutes of its proceedings. The vote upon all ]
matters coming before the Metropolitan Council shall be taken
by ayes and noes and entered upon its minutes.
The Metropolitan Council shall be a continuing body, and
no measure pending before it shall abate or be discontinued by
reason of the expiration of the term of office or removal of
the members of said body or any of them.
ORDINANCES
Sec. 13. Every ordinance shall be introduced in written
or printed form.
The enacting clause of every ordinance adopted by the
Metropolitan Council shall be: "Be it ordained by the Metro-
politan Council". No ordinance, except an emergency ordinaBQe,
shall be passed by the Metropolitan Council on the dayo of its
introduction or within six days thereafter, or at any time
other than at a regular meeting. Ev6ry ordinance upon its
final adoption shall be assigned a serial number, shall be
recorded in a book kept for that purpose, and shall be authen-
ticated by the signature of the clerk and the seal of the city
and county.
EMERGENCY MEASURES
Sec. 14. The Metropolitan Council may, by a five-
sevenths vote of the entire body, pass emergency measures to
take effect at the time indicated therein. An emergency
-15-
measure is one for the immediai;e preservation of the public
peace, property, health or safety, or one providing for the
usual daily operation of a municipal function in which the
emergency is set forth and defined. Measures appropriating
money may be passed as emergency measures, but no measure
making a grant, renewal or extension of a franchise ox other
special privilege, or regulating the rate to be charged for its
service by any public utility, shall be so passed.
TMDIG EFFECT OF ORDINANCES
Sec. 15. No ordinance or measure adopted by the Metro-
politan Council or board of trustees of any borough shall go
into effect until thirty days after its final passage, except
emergency measures, ordinances or me c litres relating to elections,
ordinances or measures relating to -^tieet openings and closings
and street improvement work, ordin;nGes or measures relating to
bond issues, and ordinances provir.in , for tax levies or appro-
priations for the usual current e_ senses of the city and county.
Such excepted ordinances or measuiss shall go into effect it the
time designated therein.
PO'iVERS OF MEI!ROEOIIT,'JI GOUKCIL
Sec. 16. Except as otherwiie nrovic'.ed in this chartei ,
tlie Metropolitan Council shall have oovver to fix the number of
^ll officers and employees of the city anc. coimty; to fix
tlieir compensations where not fixed by this charter; to creace
d^artments, offices and employments, and to discontinue any
c'.e^-'artment , office or employment created by it, and to combine
ce^artments, offices and employments of the city and coimty;
_-x0vided that nothing in this section shall be taken as a
^ic^Tit of power to the Metropolitan Council to discontinue or
-16-
abolish departments, boards or offioas created by this charter,
or to limit the power of the Ci'^il Service Commission, as
herein provided.
IWVESriGATIOM BY METROPOLITM COUNCIL
Sec. 17. The Metropolitan Council or any committee
thereof, or person, duly authorized by the Metropolitan Coun-
cil, may investigate the affairs of any office, department
or board, including borough boards, and the official acts and
conduct of any officer or employee, and shall have power to
administer oaths, to compel the attendance of witnesses and th«
production of books, papers and other evidence, and for that
purpose may issue subpoenas which shall be signed by the Mayor,
a councilman, or the authorized person conducting such inves-
tigation. Any witness who shall refuse to obey any subpoena
or who shall refuse to testify to any facts within his knowl-
edge or to produce any papers or books in his possession, or
under his control, relating to the matter under inruiry, shall
be deemed to be in contempt, and the Metropolitan Council,
committee or person conducting such investigation shall have
power to take such proceedings in that behalf es may be taken
by boards of supervisors, as provided in the Political Code
•f the State of California. No person shall be excuse* from
testifying, but his testimtny shall not be used agninst him
in ciiy criminal pioceeding other then for perjury.
ELECTION AND DUTIJS OP I.IAYOR ^
Sec. 18. At the first meeting of the Mexr opclitan Council
ftlltwing the -.lection of the first Metropolitan Council un4«r
this charter, and thereafter en the first ''ondcy after th«
firzt day of Jan 'sry of e?eh odd numbered year, the neio-ioli-
tsn Council shll elect one of its members, as President, who
-17-
A • . • •.
J ■:
• 9
shall be entitled "Mayor". In addition to his salary as cQun-
cilman, the Mayor shall receive an additional compensation of
one hundred dollars per month.
The Mayor shall preside at meetings of the Metropolitan
Council and perform such other duties consistent with this
charter as may be imposed by the Metropolitan Council. He
shall be entitled to a vote, but shall possess no veto power.
He shall be recognized as the official head of the city and
county. All bonds, contracts end other instruments in writing
reruiring the assent of the city and county shall be subscribed
by the Mayor, or acting Mayor, as the case may be, under the
seal of the city and county and attested by the Clerk. In
time of public danger or emergency he shall, with the consent
of the Metropolitan Council, take command of the police and
maintain and enforce the laws. During his absence or disabil-
ity his duties shall.be performed by another member appointed
by the Metropolitan Council. The Mayor shall have power to
appoint a secretary to the Mayor, who shall hold office at the
pleasure of the Mayor.
The Metropolitan Council may appropriate annually the
sum of two thousand five hundred dollars to be expended in
entertaining the guests of the city end county, under the
direction of the Metropolitan Council, and shall appropriate
the further sum of five hundred dollars as a Mayor's Urgent
Necessity fund, which may be expended by the Mayor without
iurnishing vouchers therefor.
QHEATIOK OF BOROUGHS
Sec. 19. The Boroughs of Emeryville, Oakland end Piec'.-
.nont are hereby created with the powers hereinafter specifi-
cally granted.
-18-
The Borough of Emeryville shall consist of all that por-
tion of the city and county at present included within the cor-
porate limits of the Town of Emeryville.
The Borough of Oakland shall consist of all that portion
of the city and county at present included within the corporate
limits of the City of Oakland.
The Borough of Piedmont shall consist of all that portion
of the city and county at present included within the corporate
limits of the City of Piedmont.
ELECTION OF BOARDS OF TRUSTEES
Sec. 20. There shall be elected at large by the quali-
fied electors in each borough a Board of Trustees of five
members who shall be oualified electors of the said borough.
At the first meetir^g of the boards of trustees first elected
hereunder the members thereof shall so classify themselves
by lot that two members shall hold office until 12 o'clock
noon on the first Monday after the first day of January, 1925,
and three members shall hold office until 12 o'clock noon on
the first Monday after the first day of January, 1927. There-
after, as the terms of the members of each board of trustees
expire, their successors shall be elected for terms of four
years and shall hold office until their successors shall have
been elected or appointed and have qualified.
VACANCIES IN BOARDS OF TRUSTEES
Sec. 21. If a vacancy shall occur in any board of trus-
tees, such vacancy shall be filled by the board in the same
manner as is herein provided for filling vacancies in the
Metropolitan Council.
-19-
COMPENSATION OF TRUSTEES
Sec. 22. The trustees of each borough shall serve with-
out compensation.
MEETINGS OF BOARDS OF TRUSTEES
Sec. 23. The boards ot trustees first elected hereunder
shall meet on the third Tuesday following the issuance of
certificates of election to the members thereof at the hour
of eight o'clock p.m. and proceed to organize, and provide
for a time and place for holding regular meetings at least
once each month. The time of such meetings shall be arranged
by a conference of the chairmen of the several boards of
trustees and the Manager, All meetings of the boards of
trustees shall be open to the public and the minutes and books
of the several boards of trustees shall be open at all reason-
able times for public inspection. No meetings shall be held
except at such regular places of meeting. Absence from five
consecutive regular meetings, unless excused by resolution
of the board shall operate to vacate the seat of any member so
absent.
SPECIAL 1£EE TINGS OF BOARDS OF TRUSTEES
Sec. 24. Special meetings of the several boards of
trustees ifiav be called by the chairman or any two trustees
upon written notice to each trustee, served personally upon him
or left at the place designated by him on the borks of the
clerk of the board, (which designation must be made to, and a
record thereof kept by, the clerk) at least twelve hours before
the time of the proposed meeting. Such notices must specify
the subjects to be considered and no other business shall be
transacted at such meetings.
-20-
■:-y..
'■.x\
7 ■ >■ ; '
QUORra OF BOARDS OF TRUSTEES
Sec. 25. A majority of the members of each board shall
constitute a quorum for the transaction of business", but no
action of the board shall be valid unless a majority of all
the members thereof concur therein.
CHAIRMEN OP BOARDS OP TRUSTEES
Sec. 26. At the first meetings of the boards of trustees
first elected hereunder, and thereafter on the first Monday after
the first day of January of each odd numbered year, each board
shall elect one of its members as chairman. The chairman shall
preside at meetings of the board and perform such other duties,
consistent with his office, as may be imposed by the board. All
J
instruments in writing requiring the assent of the borough shall
be subscribed by the chairman, or chairman |)ro tem, and attested
by the borough clerk. In case of the absence of the chairman
from any meeting, the board shall elect one of its members chair-
man pro tem. If at any time the office of the chairman becomes
vacant the board shall elect a successor for the unexpired term.
BOROUGHt-CLERZS
Sec. 87. There shall be in each borough a borough clerk
appointed by the Manager upon the recommendation of the board
of trustees, who, as clerk of such board, shall exercise such
other functions as may be assigned to him by the Manager, and
who shall be deemed to be an officer of the city and county.
POWERS OP BOROUGHS
Sec. 28. Each borough shall have and ex^.rcise anly the
powers and duties which f.re conferred or imposed upon it or its
board of trustees by th.'.s charter. Except to recommend the
appointment ef the borough clerk, the boards of trustees sffiall
-21-
have no power to name or appoint any person or board to execute
any of the powers, duties, rights or obligations of the borough,
but the same shall be executed by the ^appropriate officers ol
the city and county.
POWERS OP BOARDS OF ffiUSIEES
Sec. 29. The board of trustees of each borough shall
have the power:
1. To recommend to the Metropolitan Coxincil the opening
and closing of streets, the performance of street improvement
work of any kind and character within such borough that may be
done under the laws of the State of California; the acquisition,
improvement, equipment or maintenance of parks, playgrounds and
recreation centers within the borough, either by bond issue
within the borough or by a direct tax levied on the assessable
property of the borough, and from time to time, as may be
necessary or desirable, the holding of a borough election to
vote bonds for any public improvement within the borough.
Upon receipt of any such recommendation it shall be the
duty of the Metropolitan Council to carry out the intent there-
of by immediately initiating proceedings therefor in the manner
provided by the laws of the State of California.
2. To establish by ordinance residential zones within
the borough,
3. To recommend to the Metropolitan Council, on or before
the first Monday in June of each year, the amount of money
necessary to meet the requirements of the borough in addition
to such amounts as may hatre been included in the annual estimate
of revenue and expenditures to be raised by taxation of the
property of the entire city and county. The Metropolitan
Council shall embody such recommendaticn in the annual appro-
priation ordinance and shall levy a tax on the assessable
property within the borotigh sufficient to raise such amount.
-22-
)
BOROUGH OKDINAKCES
Sec. 31. The enacting clause of all ordinances adopted
by the hoards of trustees ©f boroughs shall be: "Be it ordained
by the board of trustees of the Borough of ".
Ho ordinance shall be passed by a board of trustees on the
day of its introduction, or within six days thereafter, or at
any time other than at a regular meeting. Every ordinance, upon
its final adoption, shall be assigned a serial n\imber, shall be
recorded in a book kept for that purpose, shall be authenticated
by the signature of the clerk of the borough, and a copy thereof,
duly certified by the borough clerk, shall be forwarded to the
clerk of the Metropolitan Council.
BOROUGH BUDGETS
Sec, 32. The board of trustees of each borough must pro-
vide in its annual budget an amount sufficient to pay the full
cost of. all special borough elections, including initiative,
referendum and recall elections, of maintaining! the borough
government, and of exercising the powers herein granted to such
borough.
RELINQUISHMENT OF BOROUGH POWERS
Sec. 33. Any or all of the powers herein granted to
boroughs may be relinquished to the city and county goverrjnent
by the majority vote of the ualectors of such borough voting on
the question, and the procedure therefor shall be as follows:
Up«n the filing with the Metropolitan Council of a
resolution of a board of trustees, or A petition signed by the
qualified electors of a borough, equal tn number to twenty-
five percent of all votes cast for the trustees receiving the
highest number of votes in such borough at the last general
municipal election, requeriting that the ouestion of the
-23-
fie p.aoitPa'r F>TO
Il/^rff
1.1X& i^rfj
■riranz
relinquishment do thevOityt-and.. oounty government of any or all of
the powers herein conferred he submitted to the vote of the elect-
ors of such borough for determination, it shall be the duty of the
Metropolitan Council to submit said question to the electors of
such borough at the next general municipal election. Upon the
relinquishment of all the powers of any borough, such borough
shall thereafter be governed by the Metropolitan Council.
ELECTIONS
Sec. 34. Unless otherwise provided in this charter, all
laws of the Stat? of California respecting elections shall be
applicable to all elections held in the city and county, or in
the several boroughs thereof,
ELECTION PBECINCTS
Sec. 35. The election precincts within which it is pro-
posed to hold any election shall not be described by metes and
bounds in any measure calling such election, but the election
precincts established by the Metropolitan Council for general
election purposes shall be referred to by names or numbers.
LLZOTIVE OFFICERS
Sec. 36. The elective officers of the city and county
shall be the judges of the Mxinicipal Court, the District Attorney,
the Auditor, the Assessor, and th« councilmen, and the elective
officers of the several boroughs shall be the trustees of each
borough.
All elective officers shall be elected at the time and in
the manner provided by the laws of the State of California for
the election of county officers; provided, however, that in cas>?
there is but one person to be elected to any office any candidato
receiving at the preceding orimary election a majority of the
total number of votes cegt for all candidates for such office
-24-
\
shall be declared elected to such office by the canvassing board
and a certificate of eleof-icn nhall be issued to him, and said
office shall not appear on the ballot voted at the ensuing general
election, and provided, further, that, in case there are 'iwo or
more persons to be elected to any office the candidates for such
office,- receiving at the preceding primary election, the votes of
a majority of all the voters participating in said primary elec-
tion in the district in which said office is voted upon, shall be
kinown as "majority candidates" ,and shall be declared elected to
rs'Ach office by the canvassing board, and certificates of election
shall be issued to them, and the said office shall not appear on
the ballot voted at the ensuing general election; provided, that
if the number of such "majority candidates" is greater than the
n'omber of porsonr! to be ejecte'', to si'ch office, then those
"majority candidates" receiving the liighest number of votes and
equal in number to the. number of persons to be elected to such
office shall b,e declared elected to such office by the canvassing
board, and certificates of election shall be issued to them and
the said "office shall not appear on the ballot voted at the en-
suing general election; ard provided, farther, that, if the
number of such "majority candidates" so declared elected is less
than the number of persons to be elected to such office, then
there shall remain to be elected to such oifice such number of
persons as shall equal the total number of persons to be elested
to such office less the number of "majority candidates" declared
elected to such office, and there shall appear on the official
4
ballot voted at the ciigiting general election only such number of
names of such other cantlidal'es receiving the next highest number
of votes for nomination t'j such office as may equal twice the
number of persons remaining to be elected to such office (or a
smaller number if the lS»:t of said other candidates be
-E5-
.-;■?>■■
J^
d
fr .>. ^i^ i
exhausted), such names to be preceded "by the designation of the
office and the words "Vote for " the
"blank being filled by the niimber of persons remaining to be
elected to such office.
STATEMENT OF CAMDIDATES
I
Sec. 36-a. Each candidate, at his own cost, may deliver
to the clerk, at least twenty-five days prior to the date of any
election, a verified statement with printed copies thereof
equal in number to the number of electors qualified to vote for
the office for which he is a candidate. Said copy shall be
printed on white paper four inches wide by nine inches long,
may have the candidate's photo-engraving printed thereon, and
shall have printed thereon his name, the office for which he
is a candidate, a statement as to his residence, place of
birth, present occupation, what public office or offices he
has held, whether he is a taxpayer in the district in. which
he seeks election, and such other information as he may desire
concerning his experience and qualifications for the office
for which he is a candidate. One copy of such statement shall
be mailed with the sample ballot to each <=>lector qualified to
vote for such office.
INIl'IATIVE, REFERENDUM AND RECALL
INITIATIVE AND REFERENDUM
Sec. 37. The su"bmission to the vote of the people ol any
proposed ordinance or measure, or of any ordinance or measure
adopted by the Metropolitan Council or by the board of trustees
of any borough which has not gone into effect, may be accom-
plished by the presentation of a petition therefor to the
Metropolitan Council, or to a borough board of trustees, in the
manner prescribed by the laws of the State of California, now
or hereafter in force, providing for direct legislation by
cities and towns, except as herein otherwise specifically pro-
I
vided.
ENACTING CLAUSE
Sec. 38. The enacting clause of every ordinance or
measure proposed by the qualified electors of the city and
county shall be: "Be it ordained by the People of the City
and County ©f Oakland!'.
The enacting clausp of every ordinance or measure pro-
posed by the qualified electors of a borough shall be: "Be
it ordained by the People of the Borough of ".
REFERENCE OF ]\.ffiASURE FOR ADVISORY VOTE
Sec. 39. The Metropolitan Council may submit to the
electors of the city and county for their advisory vote any
trdinance or measure which it shall have authority to enact.
Such question shall be submitted at any general election or at
any special election called for other purposes.
-27-
CHARTER AMENDMENTS
Sec. 40. Hie provisions of the, foregoing sections of this
charter relative to the initiative shall apply to the proposal,
suhmission and adoption of charter amendments.
RECALL
Sec. 41. The incumbent of any elective office provided
for in this charter may be removed or recalled from office by
the electors qualified to vote for the incximbent of such office
in the manner prescribed by the laws of the State of Calif-
ornia, now or hereafter in force, providing for the recall
of elective officers of incorporated cities and towns, except
that the petition shall demand only the removal of such officer,
and except as herein otherwise specifically provided.
RECALL BALLOTS
Sec. 42. The ballots at such recall elections shall con-
form to the following requirements:
With respect to each person whose removal is sought, the
question shall be submitted, "Shall (name of person)
be removed from the office of (name of office)
by recall?" Immediately following each such question there
shall be printed the words: "Yes" and "No" on separate lines
with a blank space at the right of each, in which the voter
shall indicate by stamping a cross (X) his vote for or against
such recall.
RESULT OF RECALL ELECTION
Sec, 43; If a majority of the votes cast on the question
of the recall of a particular officer be against the recall of
such officer, he shall continue in office for the remainder
of his term subject to recall, as hereinafter provided. If a
-28-
.-r>--:^:.
majority of the votes cast on the question, of the recall of a
particular officer be in favor of the recall of such officer,
he shall be deemed recalled and removed from office upon the
canvass of the returns of said election and the declaration
of the result thereof by the Metropolitan Council, and he shall
not be deemed eligible for appointment to the vacancy.
FAILURE, 10 RECALL AN ELECTIVE OFFICER
Sec. 44. In the event of the failure to recall an elect-
ive officer at any recall election no other election may be held
during his existing term for the recall of such officer except
upon petition signed in the manner hereinabove provided by
electors qualified to vote for an incumbent of such office
equal in number to thirty-five percent of the total vote cast
for su6h office at the last general municipal election.
CANVASS OF BALLOTS
Sec. 45. All initiative, referendum, and recall petitions
shall be filed with the Clerk of the city ajld county, (Che
Metropolitan Council shall call all initiative, referendum,
and recall elections, canvass the ballots, and declare the
results thereof.
FURTHER REGULATIONS
Sec. 46. !I3ie Metropolitan Council shall, by ordinance,
make such further regulations as may be necessary to carry
out the foregoing provisions relative to the Initiative,
Referendum and Recall.
MUNICIPAL COURT
Sec. 47. There is hereby established a Mixnicipal Court
of said city and county.
-S9-
Tc">'5'T" S>%5:.'i ' .. r;UJ*ivrt>.t':
JURISDICTION AND POWERS
Sec, 48. There is hereby conferred upon and vested
in said court all the jurisdiction and powers, both civil
and criminal, now possessed by any and ail Judtioe^'
Courts, Police Courts and Recorders' Courts within the
territorial limits of said city and county, or which
hereafter may be conferred by general law or by the laws
and ordinances of said city and county upon Police Eourts,
Justices' Courts, Recorders' Courts, Municipal Courts,
or other courts inferior in jurisdiction to the Superior
Court. The said court shall have jurisdiction in all
proceedings, civil and criminal, for the enforcement of,
or arising out of the violation of, any law or ordinance
of said city and county or of any borough therein.
The Judges of said Municipal Court shall possess all
powers now possessed by, or that hereafter may be con-
ferred upon, aoiy judge of the L'unicipal Court, Justice
of the Peace, Police Judge, .Recorder or judge of any other
inferior court.
JUDGES OF MUNICIPAL COURT: ELECTIOH, TBRMS,
SALARIES, VACANCIES
Sec. 49. Ihete shall be four JU(igǤ of said
Municipal Court, who shell hold their offices for the
term of six years.
Said judges shell be elected from the city and
xjounty at large. Each of the judges of the Municipal
-30-
Court shall receive an annual salary of not less than
four thousand dollars. USie salary of said judges shall
nft be diminished during their term of office. In the
ease of a vacancy occurring in the office of judge of
the Municipal Court, the Mayor shall appoint a duly
qualified person to act as such judge until his suc-
cessor shall have been elected and shall have quali-
fied.
QUALIFICATIONS OF JUDGES
Sec. 50. Bo person shall be eligible for the
office of judge of said Municipal Court unless he shall
have been for at least five years an elector of said
city and county, and shall have been during said period
an attorney duly admitted to practice by the Supreme
Court of the State of California, and actually engaged
during the whole of said period in the practice of law,
or in the discharge of the duties of a judicial office,
or for a portion of said period in the active practice
of law aEid for the remaining portion in the discharge
of such judicial duties*
PRESIDING JUDGE: DUUES AND POWERS
Sec, 51. Within thirty days after their
election and qualification, the judges of the Munici-
pal Court shall elect one of their members as
Presiding Judge of said court. Hhe Presiding Judge,
in addition to the exercise of the duties of ^ judge
of the Municipal Court, shall have general supervision
-31-
of the business of said court and shall appoint such officials
of such court as may be provided in this charter or by the
Metropolitan Council. He shall preside at meetings of the
judges, and shall from time to time assign the judges to the
departments of said court in such manner as he may deem proper
for the prompt disposition of the business thereof, and for
the purpose of securirig efficiency through specialization of
their duties. He shall superintend the calendars of said courts
and shall make such classification and distribution of its
business, or such general rules for such classification and
distribution, as he shall deem proper and expedient. He shall
secure from each of the judges monthly reports in writing of
the judicial business performed by such judge, and shall semi--
arjnually, on the first days of January and July in each year,
make a written report to the Metropolitan Co\incil of the opera-
tion, organization iand needs of said court. No action affecting
said court shall be taken by the Metropolitan Council except
upon recommendation of the Presiding Judge.
CREATION OF ADDITIONAL JUDGES
Sec. 52. Whenever the necessity therefor demands, the
Metropolitan Council may, upon the recommendation of the
Presiding Judge, provide for additional judges of the Municipal
Court. Such additional judges shall be elected by the electors
of said city and county.
DEPARTMENTS OF THE MUNICIPAL COURT
Sec, 53. The Presiding Judge, by and with the consent
and advice of the judges of said court, shall establish such
departments of said Municipal Court as may be convenient, and,
in like manner, may discontinue or consolidate any of such
departments. The judges of said court may hold as many sessions
-38-
I
of said court &t the same time as there are judges thereof.
The departments of said court shall meet at such times and
places as may be designated by the Presiding Judge, and it
shall be the duty of the Metropolitan Council to provide
suitable rooms and accommodations for the various departments
in such parts of the city and county as may be convenient for
the proper expedition of the business of said court#
*
MEETINGS OP JUHGES
Sec. 54. It shall be the duty of the presiding Judge
and other judges of the Municipal Court to meet at least
once in every month at an hour and place to be designated
by the Presiding Judge, and at such other times as may be
required by the Presiding Judge, for the consideration of such
matters pertaining to the administration of justice in said
court and of plans for improvement in the work of said court
as may be brought before said meetings. At such meetings
they shall receive and investigate all complaints presented
to them pertaining to said court and the officers thereof,
and shall take such action as they may deem proper with
reference thereto.
POWEB TO MAKE RULES OP COURT
Sec. 55. The judges of said court shall have power and
it shall be their duty to adopt or cause to be adopted all
such rules and regulations for the proper administration and
expedition of justice in said court as shall seem expedient.
INFORMALITIES TO BE DISREGARDED
Sec, 56. The court shall disregard all errors and de-
fects in pleading and procedure which do not affect the sub-
stantial rights of the parties, and, as far as possible in the
-33-
rules adopted by the court, shell provide lor a simplified pro-
cedure.
PERSONS PRACTICING BEFORE MIMICIP.^J/ COURT
Sec. 57. No person other than an attorney at law, duly
admitted to practice before the Supreme Court of Calif omie,
shall be permitted to appear as attorney or agent for any party
in any matter before said Municipal Court.
CLERK OF THE MUNICIPAL COURT
Sec. 58. Ihere shall be a clerk of the Municipel Court
and such deputy clerks as the Metropolitan Council may, upon
the recommendation of the Presiding Judge, provide. The clerk
of the Municipal Court shall be appointed by the Presiding
Judge, and said clerk shall appoint the deputy clerks. The
clerk and deputy clerks shall receive such salaries as the
Metropolitan Council shall fix, and shall perform such duties
as are required by law in the case of clerks of Justices*
Courts in cities and counties.
SHERIFF AND POLICE
Sec. 59. The Sheriff and his deputies shall have the
powers and duties now or hereafter conferred and imposed
upon sheriffs or constables in respect to civil process in
said Municipal Court,
The Chief of Police shall designate and appoint one or
more police officers to attend the sessions of any department
of the Municipal Court exercising the functions of a Police
Court for the purpose of preserving order and of exercising
the judgments and orders of said court.
-34-
lEAUSFER OF PROCEEDINGS
Sec. 60. All actions, trials and proceedings in every
Justice's Court, Police Court, and Recorder's Court existing
within the territory of the City and Coiinty of Oakland at the
time this charter takes effect shall be transferred to and
become pending in the Municipal Court of the city and county,
and all records of such Justices' Courts, Police Courts, and
Recorders' Courts shall be transferred to and become the records
of such Municipal Court.
DISTRICT ATTORNEY
Sec. 61. There shall be a District Attorney who shall be
elected by the qualified electors. of the city and county for
a term of four years at the general State election next pre-
ceding the expiration of the term of the District Attorney in
office at the time this charter shall take effect, and every
four years thereafter.. He shall be a qualified elector of
the city and county and an attorney admitted to practice in
the courts of the State of California, and shall have been
engaged in the active practice of law for at least five years
next preceding his election. He shall receive an armual
salary of five thousand dollars. He shall have all the powers
conferred and shall discharge all the duties imposed upon
district attorneys of counties and cities and counties by the
general laws of the State of California. The duties imposed
by the laws of the State of California upon district attorneys
of cotmties and cities and counties in respect to civil actions,
matters and proceedings shall be performed "tjy the City Attor-
ney unless otherwise directed by the Metropolitan Council.
In addition thereto the Disxiict attorney shall attend, insti-
tute and conduct on behalf of the people all prosecutions
for public offenses and xorr violations of all penal ordinances
of the city and county amd the several boroughs. He shall
-35-
give such legal advice relative to criminal matters as may be
required by the Metropolitan Council, the several borough
boards of trustees, or any other officer or board of the city
and county.
The District Attorney is hereby allowed the followint
assistants and deputies, who shall receive the compensation
hereinafter specified:
One Assistant District Attorney at a compensation of
three hundred dollars per month;
One Chief Deputy District Attorney at a compensation of
two hundred and seventy-five dollars per month;
Pour Deputies District Attorney at a compensation of
two hundred and fifty dollars per month each;
Two Deputies District Attorney at a compensation of tw«
hundred and twenty-five dollars per month each.
He shall be allowed the following employees, whose com-
pensation shall be fixed by the Metropolitan Council:
Three stenographers;
One detective;
One clerk; \
One telephone operator.
At least one of such Deputies District Attorney shall be
a woman.
At the request of the District Attorney, the Chief of
Police shall designate an oxficer or officers of the Police
Department for detective Service or the service of process for
the District Attorney's office.
When, in the opinion of the Metropolitan Council, the
business of said officd warrants, said Metropolitan Council
may allow the District Attorney additional assistants and employ-
ees and fix their compensation. All assistants , deputies and
-36-
L :) Ba*t9qci
v'sfrro.'
j*j? v.eitTc ■ ^Iri^l
:.^^ C Jl. jijGno., iliOC'
■ivizxc
p. 1
<■*'■: " ; r.
n J
'9V.0X-
ui.a^ evxi-v
wvxi jfti+e:
lOt^O*;
i:ift
:j? -t c"
employees of the District Attorney's office shall be appointed
by the District Attorney and shall hold office at his pleasxire.
AUDI TOE
Sec. 62. There shall be an Auditor who shall be the
head of the Department of Finance. He shall be an elector
of the city and county at the time of his election, and must
have been such for at least three years next preceding his '
election.
The Auditor shall be elected by the qualified electors
of the city and county for a term of four years at the
general State election next precedirig the expiration of the
term of the County Auditor in office at the time this charter
shall take effect, and every four years thereafter. He shall
receive an annual salary of five thousand dollars. He shall
always know the exact condition of the treasury and every
demand upon it. He shall be in personal attendance at his
office daily during office hours. He shall be the general
accountant of the city and county and shall receive and
preserve in his office all accounts, books, vouchers, docii-
ments and papers relating to the accounts and contracts of
the city and county, its debts, revenue, and other financial
affairs. He shall give information as to the exact condition
of the treasury and of every appropriation and furid thereof
upon request of the Metropolitan Council or the Manager.
15ie Auditor shall appoint, stibjeot to the Civil Service
provisions of this charter, such depiities, assistants, clerks
and stenographers as may te provided by the Metropolitan
Council.
He shall have povver to administer oaths and siommon
witnesses and order the production of books, papers and
other evidence for any purpose connected v/ith the financial
-37-
administration of the city and coimty. No money shall be
drawn from the city and county treasury except by:(^warrant
signed by the Auditor. The Auditor shell not draw his war-
rant for the payment ol any claim Tintil he is satisfied that
the claim represents an obligation legally incurred and that
the amount of said claim is not, when added to all expenses
already incurred against the appropriation in question, in
excess of the amount of the said appropriation, or of said
appropriation plus duly authorized transfers thereto.
ACCOUNTING SYSTEM
Sec. 63. Kie Auditor shall install and maintain a
modern accounting system, which shall include such a standard
classification of income and expenditures as will permit of
the preparation at any time of a general balance sheet dis-
closing the exact financial condition of the city and county
as to assets and liabilities. He shall provide uniform forms
of account for all officers and departments of the city and
county. He shall supply to all such officers and departments
uniform forms, blanks, books of record and other financial
stationery used in connection with the accounting system.
The accounting system shall further provide for the
record in detail of all transactions affecting the acquisition,
custodianship and disposition of values; for the complete
record of unit and job costs in all operating departments; for
a detailed account of all transactions of the purchasing agent;
for summaries of income and expenditures supported by detailed
schedules, and also comparisons with the last fiscal year?
and for a general balance sheet exhibiting the assets and
liabilities of the city and county supported by departmental
schedules for each public utility operated.
-38-
The Metropolitan Council may at any time authorize and
require the Auditor to contract with a duly qualified certified
public. accountant , or firm of certified public accountants,
to design and install the accounting system herein referred to
or any portion thereof or extension thereto.
PARENT OF CLAIMS
Sec. 64. All claims shall be submitted to the Auditor
upon vouchers, the form of which shall ^be prescribed by him,
signed by the head of the department for which the indebted-
ness was incurred, and countersigned by the Manager ot an
officer designated by the Manager. Before issuing such
vouchers, the head of the department must have duly inspected
the supplies or materials furnished, or work done, and have
certified the same as satisfactory. The head of each depart-
ment shall cause to be kept, on forms furnished by the
Auditor, accurate time reports, duly certified by some member
of the department having cognizance thereof, as the basis for
payroll vouchers. Each head of a department and his surety
shall be liable to the city and county for all loss or damage
sustained by the city and county by reason of the negligent
or corrupt approval of any claim against the city and county
in his department. Ihe salaries and compensation of all
officers, including policemen, firemen, employees of all
classes, and all teachers in the public schools, and others
employed at fixed wages, shall be payable monthly.
REPORT OF FINANCIAL CONDITION
Sec. 65. The Auditor shall submit to the Metropolitan
Council a monthly report containing in detail the receipts
and disbursements of the city and county on all accounts, the
expenditures made and obligations incurred during the preceding
-39-
three months, and a balance sheet showing the financial con- ■
dition of the city and county, and of the several funds, and
the total unexpended balance to the credit of each appropria-
tion. Copies of this report shall be supplied to the Manager,
each member of the Metropolitsn Council, the borough boards of
trustees, and heads of departments. Copies of the balance
sheet shall be delivered to all public libraries, newspapers,
and such citizens as make application therefor. As soon after
the termination of each fiscal year as practicable, the
Auditor shall submit to the Metropolitan Council a similar
report and balance sheet for the preceding fiscal year. This
report shall be printed in pamphlet form for general distri-
bution.
ANiraAL AUDIT OF ACCOUNTS
Sec. 66. The Metropolitan Council shall employ, for a
stipulated compensation, at the beginning of each fiscal year,
a certified public accountant, or firm of certified public
accountants, who shall examine the books, records, and reports
for the precedirig fiscal year of the Manager, Auditor, Treas-
xirer and Tax Collector, and all other officers and employees of
the city and county, and make triplicate reports of his or
their findings thereon.
One of these reports shall be filed with the Manager,
one with the Metropolitan Council and one with the Auditor.
Such accountant or firm of accountants shall have unlimited
privilege of investigation and the same powers with regard to
compelling the attendance of witnesses, the production of
books and papers, and the administerirxg of oaths as are con-
ferred on the Metropolitan CounGil by the provisions of this
charter. Every off icer .and employee of the city and county
shall give all required assistance and information to such
-40-
accountant or firm of accountsnts, and submit to hiir or them
for examination puch books and papers of his office as mty be
requested, and failure to do so shall be deemed and held to be
a forfeiture and abandoriment of his office. The Metropolitan
Council shall provide for the payment of the services of such
aocountant or firm of accountants.
ASSESSOR
Sec. 67, There shall be an Assessor who shall be elected
by the qualified electors of the city and county for a term of
four years at the general State election next preceding the
expiration of the term of the Assessor of Alameda County in
office at the time this charter shall take effect, and every
four years thereafter. He shall be an elector of the city and
county at the time of his election and must have been such for
at least three years next preceding his election. He shall
receive an annual salary of five thousand dollars. He shall
have and exercise all the powers conferred, and shall discharge
all the duties imposed upon assessors of counties, and cities
and counties by the laws of the State of California, except as
otherwise provided in this charter. In addition thereto he
shall discharge such other duties as may be prescribed by this
charter or by the Manager.- The Assessor shall appoint, subject
to the civil service provisions of this charter, such deputies,
assistants, clerks and stenographers as may be provided by the
Metropolitan Council.
APPOIUmEBT AND QUALIFICATIONS OF MAHAGER
Sec. 68, There is hereby created the office of Manager.
The Manager shall be appointed by the Metropolitan Council and
shall be chosen solely on the basis of his administrative and
executive qualifications. The selection of a Manager shell not
-41-
be limitod to inhabitants of the city and county or of th&
State, but no councilman, during the term for which he "^t.-
elected or appointed, shall be appointed Manager. Ihe
Manager shall be appointed by, and shall hold office at the
pleasure of, the Metropolitan Council. His annual salary
shall be fixed by the Metropolitan Council, but shall not be
less than tv/elve thousand dollars.
The Manager shall be the administrative headof the
city and county and, except as otherwise provided in this char-
ter, shall be responsible to the Metropolitan Council for the
efficient conduct and operation of all departments, and for
the effiojent; administration of all the affairs of the city
and county.
Neither the Metropolitan Council nor any of its com-
mittees or members shall dictate or attempt to dictate, either
directly or indirectly, the appointment of any person to
office or employment by the Manager or in any manner interfere
with the Manager or prevent him from exercising his own judg-
ment in the appointment or removal of boards, officers and
employees. Except for the purpose of inquiry, the Metropoli-
tan Council and its members shall deal with the administra- •
tive service solely through the Manager, and neither the Metro-
politan Council nor any member thereof shall give orders to
^ny of the appointees of, or the officers or employees under
Che supervision of, the Manager, either publicly or privately.
Any councilman who shall violate any of the provisions of this
paragraph shall forthwith forfeit his office.
POWERS AND DUTIES OF MANAGER
Sec. 69. The Manager shall have the power and it shall
be his duty:
-42-
\. '■•
(a) To see that all laws of the State and all ordinances
and measures of the city and county and of each borough are en-
forced.
(h) Except as otherwise provided in this charter, to
appoint all officers and employees of the city and county, and,
subject to the provisions of this charter, he may suspend or
remove any such officer or employee.
(c) Except as otherwise provided in this charter, to
exercise general supervision and direction over all persons,
firms, companies and corporations owning, controlling and
operating public utilities within the city and county limits,
insofar as any of them are subject to municipal control, and
to see that all terms and conditions imposed in favor of the
city and county or its irJiabitants upon any public utility are
faithfully kept and performed.
(d) To prepare and submit to the Metropolitan Coxincil
and boards of trustees of boroughs the annual budget, and to
keep the Metropolitan Council and boards of trustees of
boroughs fully advised at all times as to the needs and fin-
ancial condition of the city and county, and of the resi^ect-
ive boroughs, and to furnish information to said Metropolitan
Council and boards of trustees in the mariner and form required
by them.
(e) To attend, either in person or by deputy, all
meetings of the Metropolitan Council; he may attend meetings
of the boards of trustees of the several boroughs, and must
attend such meetings, either -in person or by deputy, when re-
quested by such boards.
(f) To recommend to the Metropolitan Council and boards
of trustees of boroughs for adoption such measures as he may
deem necessary or expecient.
-43-
(g) To examine, or cause to be examined, at any time,
without notice, the affairs of any office of the city and
county or of any borough, and the official acts and conduct
of any officer or employee, and he, or any person appointed by
him for such purpose, shall have the same power with regard to
compelling the attendance of witnesses, and the production of
books and papers, the administering of oaths, and proceedings
for contempt which is conferred upon the Metropolitan Council
by this charter.
(h) To devote his entire time to the interests of the
city and coimty and to perform such other duties as may be
prescribed by this charter or required of him by the Metro-
politan Council.
(i) To appoint such advisory "boards as he may deem
necessary or expedient to advise him in directing the admin-
istrative affairs of the city and county.
(j) To appoint a secretary and such deputies and em-
ployees in his office as he may require.
(k) Upon the recommendation of the head of any de-
partment, board, office, court, commission or institution in
which any personal property of the city and county is not re-
quired for public use, to sell said property at public auction
at such place within the city and county as he may determine,
after five days' notice given by posting in three public places
in the city and county, and convey the same to the highest
bidder for cash, paying the proceeds into the treasury of the
city and county; provided, that if it be determined by the
Metropolitan Council that the property proposed to be sold
does not exceed in value the sum of two hundred dollars, or,
if such property be the product of the city and coimty farm,
the same may be sold by the Manager at private sale without
-44-
advertising.
fl) Whenever authorized by ordinance of the Metropolitan
Co-oncil, to sell at public auction at such place within the
city and county as he may determine, after five days' notice
given by publication in a newspaper of general circulation, to
the highest bidder for cash, any real property belonging to the
city and county, and not required for public use, paying the
proceeds into the treasury of the city and county.
SHERIFF
Sec. 70. There shall be a Sheriff who shall be appointed
by the Manager. He shall receive an annual salary of four thou-
sand dollars. He shall have and exercise all powers conferred
and shall discharge all duties imposed upon sheriffs of coun-
ties, and cities and counties by the laws of the State of
California, except as otherwise provided in this charter. In
addition thereto he" shall discharge all duties which may be
prescribed by this charter or by the Manager. The Sheriff
shall designate the services to be performed by his deputies,
CLERK
Sec. 71. iSiere shall be a Clerk who shall be appointed
by the Manager. He shall receive an annual salary of four
thousand dollars. He shell have and exercise all the powers
conferred and shall discharge all duties Imposed upon county
clerks of counties, and cities and counties by the laws of the
State of California, except as otherwise provided in this
charter. In addition thereto he shall be clerk of the Metro-
politan Coxinoil and shall discharge all duties which may be
prescribed by this charter or by the Manager,
-45-
mSASUHEE
Sec. 72. There shall be a Treasurer who shall be ap-
pointed by the Manager. He shall receive an annual salary of
four thousand dollars. He shall have and exercise all powers
conferred and shall discharge all duties imposed upon treas-
urers of counties, and cities and cotmties by the laws of the
State of California, except as otherwise provided in this
charter. In addition thereto he shall discharge all duties
which may be prescribed by this charter or by the Manager.
He shall be the custodian of the moneys of the city and co\inty
and the several boroughs, and shall pay out the same only on
warrants drawn by the Auditor. He may deposit such moneys in
such bank or banks as will pay the highest interest on the
funds so deposited upon the deposit of bonds with such Treas-
urer, as provided by the laws of the State of California. He
shall keep such books and records as may be prescribed by the
Auditor.
TAX COLLECTOR AND EX-OFFICIO LICENSE COLLECTOR
Sec. 73. There shall be a Tax Collector who shall be
ex-officio License Collector, and who shall be appointed by the
Manager. He shall receive an arinual salary of four thousand
dollars. He shall have and exercise all powers conferred and
shall discharge all duties imposed upon tax collectors and
license collectors of counties, and cities and counties by the
laws of the State of California, except as otherwise provided
in this charter. In addition thereto he shall discharge all
other duties which may be prescribed by this charter or by the
Manager.
' . RECORDER
Sec* 74. There shall be a Recorder who shall be ap-
-46-
pointed "by the Manager. He shall receive an annual salary of
four thousand dollars. He shall have and exercise all pov^ers
conferred and shall discharge all duties imposed upon recorders
of counties, and cities and counties by the laws of the State
of California, except as otherwise provided in this charter.
In addition thereto, he shall discharge all duties which nay
be prescribed by this charter or by the Manager.
Photography shall be used in the recordation of all •
papers and documents whenever required by the Manager.
COROliSR
Sec. 75. There shall be a Coronei-, who shall be ap-
pointed by the Manager. He shall receive an ajinual salary
of three thousand dollars. He shall have and exercise all
powers and shall discharge all duties imposed upon coroners
of counties, and cities and counties by the laws of the State
of California, except as otherwise provided in this charter.
In addition thereto, he shall discharge all duties which may
be prescribed by this charter or by the Manager.
PUBLIC ADMINIS!i]RATOR
Sec. 76. Hiere shall be a Public Administrator who
shall be appointed by the Manager. He shall receive an arjaual
salary of three thousand dollars. Ke shall have and exercise
all powers conferred and discharge all duties imposed upon
public administrators of counties, and cities and counties
by the laws of the State of California, except as otherwise
provided in this charter. In addition thereto, he shall dis-
charge all duties which may be prescribed by this charter or
by the Manager.
. The City Attorney shall be the attorney for the Public
Administrator. The Publjc Administrator and his attorney
-47-
shall colleot all fees and commissions to which such officers
are entitled under the laws of the State of California, and
shall pay the same into the treasury of the city and county
to the credit of the general fund.
PISH AND GAME WARDEN
Sec. 77. There shall he a Fish and Game Warden who
shall be appointed by the Manager whenever, in his opinion
the public welfare demands the services of such an officer.
He shall receive an annual salary of twelve hiindred dollars.
He shall have and exercise all powers conferred and discharge
all duties imposed upon fish and game wardens of counties,
and cities and counties by the laws of the State of California,
except as otherwise provided in this charter. In addition
thereto, he shall discharge all duties which may be prescribed
by this charter or by the Manager.
LIl/ESTOCK INSPECTOR
Sec. 78. There shall be a Livestock Inspector who
shall be appointed by the Manager whenever in his opinion
the public welfare demands the services of such an officer.
He shall receive a salary of one hundred dollars per month.
He shall have and exercise all powers conferred and dis-
charge all duties imposed upon livestock inspectors of
counties, and cities and counties by the laws of the State
of California, except as otherwise provided in this charter.
In addition thereto, he shall discharge all duties which may
be prescribed by this charter or by the Manager; provided,
that the Manager may at ixiy time consolidate this office with
the office of Pish and Gaaie Warden, and, in the event of suoh
consolidation, said Pish and Game Warden shall have and
exercise all powers confirred and discharge all duties imposed
-48-
by this section upon the. Llraatock Inspector. The salary of
such consolidated office shall be fixed by the Metropolitan
Coimcil, ■
SEALER OP WEIGHTS AHD IffiASUHES
Sec. 79. There shall be a Sealer of Weights and Meas-
ures who shall be appointed by the Manager. He shall receive
an annual salary of three thousand dollars. He shall have and
exercise all powers conferred and shall discharge all duties
imposed upon sealers of weights and measures of counties, and
cities and covtnties by the laws of the State of California,
except as otherwise provided in this charter. In addition
thereto, he shall discharge all duties which may be prescribed
by this charter or by the Manager.
HORTICULTURAL COMinSSIONER
Sec, 80. There shall be a Horticultural Commissioner,
who shall be appointed by the Manager. He shall receive such
compensation as may be prescribed by the Metropolitan Council.
He shall have all powers conferred and discharge all duties
imposed upon horticultural commissioners of counties, and
cities and counties by the laws of the State of California,
except as otherwise provided in this charter. In addition
thereto, he shall discharge all duties which may be prescribed
by this charter or by the Manager.
EMPLOYEES OP COUNTY OFFICES
Sec. 81. There shall be allowed to the Sheriff, Clerk,
Auditor, Treasurer, Tax Collector, Recorder, Assessor, Coroner,
Sealer of Weights and Measures, and Horticultural Commissioner,
until such time as classification of such offices shall have
been made by the Civil Service Commission, such assistance as
-49-
shall be provided by the laws of the State of California at
the time this charter shall take effect for the Sheriff, County
Clerk, Auditor, Treas\irer, Tax Collector, Recorder, Assessor,
Coroner, Sealer of Weights and Measures, and Horticultural
Commissioner of the County of Alameda.
CITy ATTORNEY
Sec= e??v Tiber 8 shall be a City Attorney who shall be
appointed by the Manager. He shall receive an annual salary
to be fixed by the Metropolitan Council. He shall be a
Qualified elector of the city and county and must have been
such for at least three years next preceding his appointment.
He must be an attorney admitted to practice in the courts of
the State of California, and must have been engaged in the
active practice of law for at least five years next preceding
his appointment. He- shall be the legal adviser, except in
criminal matters, to the Metropolitan Council, the Manager,
and all departments, boards and officers of the city and county
and of the several boroughs.
1!he City Attorney must prosecute and defend for the city
and county and for the several boroughs all actions at law or
in equity, and special proceedings for or against the city and.
covmty or any borough, or in which the city and county or any
borough may be legally interested, or for any officer of the
city and county or of the several boroughs in any action or
proceeding when directed so to do by the Manager or the Metro-
politan Council or board of trustees of any borough. Whenever
any cause of action at law, in equity, or in any special pro-
ceeding shall dxi)»t in tavor of th* city and eounty or any
borough, the City Attorney shall commence the same when within
his knowledge or when directed so to do by the Metropolitan
-50-
*•, _ t
IC
. .•..-»
. • : •»r
■it.fCt\'' Vi^^'J''-^
Council or Borough Board of Trustees. He shall give his advice
or opinion in writing to any officer, board or commission of
the city and co\inty or of any of the boroughs when requested
in writing so to do by such officer, hoard or commission.
The City Attorney shall approve by endorsement in writing
the form of all official or other bonds required by this charter
or by ordinance before the same are submitted to the proper body,
board or officer for final approval < and no such bond shall be
approved without such endorsement as to form by the City At-
torney. He shall approve in writing the draft of all contracts
before the same are entered into by or on behalf of the city
and county or any borough. He shall not settle or dismiss any
litigation for or against the city and county or any borough
imless upon written recommendation he is ordered to do so by
the Metropolitan Council or the board of trustees of the
borough concerned.
The City Attorney shall discharge all other duties im-
posed upon him by this charter or which may be prescribed by
the Manager or the Metropolitan Council.
The City Attorney shall keep on file in his office
copies of all written communications and opinions given by
him to any officer, board or commission; copies of all papers,
briefs and transcripts used in cases wherein he appears, and
hooks of record and registry of all actions or proceedings in
his charge.
The City Attorney shall appoint aaad may suspend or
remove such assistants, deputies,,! clerks, stenographers, and
other persons as the Metropolitan Council may provide. Such
assistance shall not be subject to the civil service pro-
visions of this charter.
-51-
■1 . ■ :
Nothing in this section shall be construed to prevent the
Metropolitan Council from employing such special counsel as may
from time to time be necessary.
l^he City Attorney, until such time as the Metropolitan
Council shall have provided the necessary assistance for his
office, shall be allowed one assistant who shall receive three
hundred dollars per month; tvco deputies who shall receive two
hundred and fifty dollars per month each, and two stenogra-
phers who shall receive one hundred and twenty-five dollars
per month each.
PUBLIC DEFENDER
Sec. 83. "Whenever the Metropolitan Council shall have
determined that the public welfare requires the services of
such an officer there shall be a Public Defender who shall be
appointed by the Manager. He shall be a qualified elector
of the city and county and must have been suoh for at least
three years next preceding his appointment. He must be an
attorney admitted to practice in all the courts of the State
of California, and must have been engaged in the active prac-
tice of the law for at least three years next preceding his
appointment. He must devote all his time to the duties of his
office, and shall not engage in the practice of law except in
the capacity of Public Defender.
Mr'-.
Except as otherwise provided in this charter, the Pub-
li« Defender shall have and exercise all powers and discharge
all duties conferred or imposed by the laws of the State of
California on public defenders of counties. In addition
thereto, he shall discharge all duties ^Haxch may be prescribed
by this charter or by the Manager.
-52-
PURCHASING AGEUT
Sec. 84. IQiere shall be a Purchasing Agent who shall be
appointed by the Manager. He shall receive an annual salary,
to be fixed by the Metropolitan Council, ol not less than four
thousand dollars. He shall purchase, except as otherwise
provided in this charter, all materials, supplies and equipment
for all departments, offices, boards, courts, commissions and
institutions of the city and county and the several boroughs
thereof.
All departments, offices, boards, courts, commissions
and institutions shall, as soon as the annual appropriation
ordinance shall have been adopted, furnish the Purchasing
Agent an estimate of materials, supplies and equipment re-
quired by each of them during t.he ensuing fiscal year.
The Purchasing Agent shall purchase and keep in the
city and county store all materials, supplies and equipment
which reasonably and advantageously may be kept in such store,
and shall issue such materials, supplies and equipment on
requisition of the head of the department, office, board,
court, commission or institution requiririg them, Other mater-
ials, supplies and equipment .shall be purchased by the Pur-
chasing Agent upon the requisition of the head of the depart-
ment, office, board, court, commission or institution requiring
the same. , .
STAHPAKDIZA^ION OF SUPPLIES
Sec. 85. The Purchasing Agent shall standardize, as
far as possible, all materials, supplies and equipment re-
quired for the conduct and operation of all departments,
offices, boards, courts, commissions and institutions of the
city and coxinty and of the several boroughs thereof.
-53-
STORS FUKD
Sec. 86. The Metropolitan Council shall provide the
necessary working capitalrequired for the purchase of materials,
supplies and equipment for the city and county store.
REQUISITIONS TO BE WITHI25 APPROPRIATIONS
Sec. 87. The Purchasing Agent shall not furnish any
materials, supplies or equipment for any department, office,
board, court, commission or institution unless there is an
unenc-umbered balance to the credit of such department, office,
board, court, commission or institution sufficient to pay
therefor.
TRANSFER OF FUNDS
Sec. 88. All materials, supplies and equipment re-
quired for the use of. any department, office, board, court,
commission or institution shall be paid for by the transfer
of funds from the ftmd of the respective department, office,
board, court, commission or institution to the credit of the
store fund«
ASSISTANCE ID PURCHASING AGEIT
Sec. 89, The Metropolitan Council shall provide the
Purchasing Agent with the necessary warehouses, offices and
assistants.
PEPARUffiNT OF PUBLIC WORKS
Sec. 90. Ihe Department of Public Works, except as
otherw^ise provided in this charter, shall have charge of all
public work relating to streets, bridges, viaducts, tunnels
and subways; street cleaning, lighting and watering; sewers-
and sewage disposal; garbage and refuse collection and dis-
posal; public buildings; all manner of public work; building
-54-
^1: :
;■, !)
©rf?
inspection; the making and preservation of all surveys, maps,
plans and drawings; the issuance of building permits; fire
alarm and police telegraph systems; all electrical work of
the city and county, and all other matters which may be
assigned to it by this charter or by the Metropolitan Council
with full power to order, do or perform all or any of such
work,
DIRECTOR OF PUBLIC WORKS
Sec. 91. There shall be a Director of Public Works
who shall be appointed by the Manager, and who shall be the
head of the Department of Public Works and ex-officio Survey-
or and City Engineer. He shall be a civil engineer of not
less than five years* practical experience as such. He shall
have and exercise all powers conferred and shall discharge all
duties imposed upon city engineers and surveyors of counties,
and of cities and counties by the laws of the State of Cal-
ifornia, and in addition thereto he shall discharge such other
duties as may be prescribed by this charter or by the Metro-
politan Council.
The department shall be organized into a division of
Roads, Streets and Sewers, a Division of Building Permits, a
Division of Electricity, and such other divisions as may be
deemed necessary for the efficient performance of the duties
of the department*
DIVISION OP ROAPS, STREETS AND SEVffiHS
Sec. 92. Uiere shall be a Superintendent of Streets to
be appointed by the Director of Public Works, who shall be the
head of the Division of Roads, Streets and Sewers. This
Division shall have charge of all road, street, bridge and
sewer construction, maintenance and repairs, and of cleaning
-55-
and watering the roads and streets, and of the collection and
disposition of garbage and other refuse within the city and
county.
DIVISION OP BUILDING PEHMITS AND INSPECTION
Sec. 93. '!rhere shall be a Building Inspector to be
appointed by the Director of Public Works, who shall be the
head of the Division of Building Permits and Inspection. This
Division shall have charge of all building permits and the
enforcement of all laws and ordinances relating to buildings,
except as otherwise provided in this charter.
- DIVISION OP ELECTRICITy
Sec. 94. Ihere shall be a Chief Electrician to be ap-
pointed by the Director of Public Works, who shall be the
head of the Division 'of Electricity. This Division shall have
charge and supervision over the construction and maintenance
of the fire alarm and police telegraph systems; shall enforce
all rules, regxilations, orders and requirements in regard to
the inspection and supervision of electrical wires and appli-
ances for furnishing light, heat or power in, under, over or
upon the streets and buildings oi" the city and county; shall
have charge of the lighting and power of the city and county;
shall make tests and determine the light and heat-giving
properties of gas used throughout the city and county, and
shall have general charge and supervision over all municipal
electrical matters.
SPECiyiL ASSESSMENT
Sec. 95. 'AOienever any part of the cost of the construc-
tion, re-construction, re::>a?-r or maintenance of any structural
work in the nature of a pxitlic improvement (including a public
-56-
«/'_■
utility and work upon public streets) is to be paid for by
special assessment on private property, the proceedings there-
for shall be in accordance with and be governed by the general
laws of the State of California in force and effect at the
time such proceedings are initiated, with the following ex-
ceptions:
First. All powers conferred and all duties imposed by
the general laws of the State of California on city councils
shall be performed by the Metropolitan Council.
Second. All powers conferred and all duties imposed by
the general laws of the State of California upon the clerk of
the city council shall be performed by the Clerk of the city
and cotinty.
Tlhird. In street opening and closing proceedings,
officers or employees, of the Department of Public Works shall
be appointed commissioners and secretaries, and they shall
serve without additional compensation. Ifo attorney shall be
appointed, but all duties imposed on attorneys under the
general laws of the State of California shall be performed by
the City Attorney.
Fourth. If at any time prior to the award of a contract
the Metropolitan Council shall determine that it is for the
public interest that the work be done by the city and county
and not by contract, it may so order, and thereupon the work
shall be done by the city and county under the direction of the
Department of Works, and the assessment and warrant there:for
shall be issued in the name of the city and county. Assessments
made in the name of the city and coTinty shall be enforced in the
same manner as are assessments provided for in the general laws
of the State of California governing the work. . No assessment
under this provision shall be for more than the cost of the
-57-
work plus incidental expenses, all as determined by the Super-
intendent of Streets prior to the making of the assessment.
•
ROAD DISTRICTS
Sec. 96. Ihe Metropolitan Council shall divide that
portion of the city and county not included within the bound-
aries of any borough into suitable road districts, and may
change the bo^lndaries thereof. Such road districts shall be
governed as provided by the laws of the State of California,
except that the Director of Public Works shall exercise the
powers and duties that now are or hereafter may be conferred
or imposed by such laws upon road commissioners and county
surveyors. The Metropolitan Council shall have all power
which now is or hereafter may be conferred upon county boards
of supervisors relating to the levy of taxes in such road
districts.
CORPORATION YARDS
Sec. 97. The Director of Public Works, with the approval
of the Metropolitan Council, shall select, establish and main-
tain some convenient place or places in the city and county
which shall be known ^«- Corporation Yards and wherein shall
be kept all materials, supplies, implements and machinery be-
longing to the city and county to be used in repairing, cleaning
or sprinkling the streets, or for any improvement thereon, or
for any other necessary municipal construction purpose.
LETTING OF CO'NOSACTS
Sec. 98. The Metropolitan Council shall prescribe the
method of letting contracts for all public work required ^y
law to be let by contract.
-56-
POLICE DEPABTl\iffiKT
Sec. 99. There is hereby created a Police Department
of the city and county, which shall consist of a Chief of
Police and as many subordinate officers and such policemen
and employees as may be prescribed in the mariner provided by
this charter.
The Chief of Police shall be appointed by and shall hold
office at the pleas-ure of the Manager.
POWERS AUD IiUTIES OP CHIEF OF POLICE
Sec. 100. The Chief of Police shall be the head of the
Police Department and shell be charged with the management and
direction of the Police De^partment , with full power to detail
any of the members of the Department to such public service as
he may direct; he shall have and exercise such other powers and
duties connected with the office as may be assigned' to him by
the Metropolitan Council. 'Ihe jurisdiction of all officers
and employees of the Police Department shall extend throughout
the city and county.
SALARIES
Sec. 101. Salaries of all of the employees of the De-
partment shall be uniform for each rank and grade in the De-
partment as classified by the Civil Service Commission, and
shall be fixed by the Metropolitan Cotmcil.
PRESENT POLICE OFFICERS TO COKTIHUE IN FORCE
Sec. 102. The members of the police force of the munici-
palities of Emeryville, Oakland and Piedmont, on the thirtieth
day of June, 1923, shall be retained in the same grade or like
grades and at the same salaries then existing' until they shall
have been reclassified, promoted, demoted, or removed, as pro-
vided in this charter.
-59-
WOIvIEN'S DIVISION
Sec. 103. The Chief of Police shall organize a Women's
Division in the police Department. All cases involving women,
either as plaintiff, defendant, or complaining witness, must
be referred immediately to the Women's Division. The Manager
shall appoint a woman as Director of the V/omen's Division. In
all cases involving women she shall have and exercise all the
powers conferred and discharge all the duties imposed upon
inspeotors of the Police Department. The Director of the
Women's Division may appoint, subject to the civil service pro-
visions of this charter, such assistants as may be allowed by
the Metropolitan Council.
FIRS DEPAR'MEWT
Sec. 104. There is hereby created a Fire Department of
the city and county, which shall consist of a Fire Chief and
as many subordinate officers and such firemen and employees
as may be prescribed in the manner provided in this charter.
She Fire Chief shall be appointed by and shall hold
office at the pleasure of the Manager.
Ihe Fire Chief shall be the head of the Fire Department
and shall be charged with the management and direction of the
Fire Department, with full power to detg.il any of the members
of the Department to such public service as he may direct ; he
shall have and exercise such other powers and duties connected
with his office as may be assigned to him by the Metropolitan
Council. Ilie jurisdiction of all officers and employees of
the Fire Department shall extend throughout the city and county.
There shall be such fire houses, engines and other
apparatus and equipment, and such firemen and other employees
of the Department as shall be determined by the Metropolitan
Council. Salaries of all of the employees of the Department
-60-
shall be uniform for each rank and grade in the Department as
classified by the Civil Service Commission aad shall be fixed
by the Metropolitan Cotmcil.
Nothing in this charter shall be taken to prevent the
Fire Chief from making use of volunteer firemen, whose organi-
zation and discipline shall be regulated by ordinance.
The Metropolitan Council, upon the recomCLPHdatlon of the
Pire Chief, shall adopt rules for the government, equipment and
uniform of the officers, employees end members of the Fire
Department.
SALARIED MET'CBERS OF THE FIRE DEPARIMENT
CONTIITJED m FORCE
Sec. 105. Salaried members of the fire departments of
the municipalities of Emeryville, Oakland and Piedmont, on the
thirtieth day of June, 1923, shall be retained in the same
grade or like grades and at the same salaries then existing
until they shall have been reclassified, promoted, demoted,
or removed, as provided in this charter.
Ct^lL SERVICE COJEIISSIOU
Sec. 106. Ihere is hereby created a Civil Service Com-
mission consisting of three electors of the city and co\mty
who shall serve without compensation. The Mayor first elected
after the adoption of this charter, shall, within two weeks
after taking office, appoint three electors of the city and
cotmty as members of the Commission, one to serve for two
years, one for four years, and one for six years, to take
office as soon as appointed and qualified. Ihereaf ter members
of the Commission shall be appointed by the Mayor to serve for
terms of six years and until their successors shall have been
appointed and shall have qualified. If a vacancy shall occur
-61-
in the office of CortiTDissioner it shall be filled "by appointment
by the Mayor for the unexpired term.
OFFICERS OF TEE CIVIL SERVICE COIvttllSSION
Sec. 107. The Commission shall designate one of its
members as President, shall appoint a chief examiner who shall
be ex-officio secretary, and may appoint such other employees
as' the Commission laay deem necessary. !Che salaries of the
chjaf esraminer and all other employees of the Commission shall
be fixed by the Commission.
CLASSIFICATION OF CIVIL SERVICE
Sec. 108. The civil service of the city and county is
hereby divided into the unclassified and the classified service.
!I3ie \inclassified service shall include:
1. All officers elected by the people.
2. The Manager.
3. All heads of departments.
4. The members of all appointed boards and commissions.
5. All persons serving the city and county without com-
pensation. ^
6. All assistants, deputies and other employees in the
offices of the District Attorney and of the City Attorney.
7. All officers of election.
8. All deputies and secretaries of the Manager.
9. The secretary to the Mayor.
10. All borough clerks.
The classified civil service shall comprise all positions
not specifically included by this charter in the \inclassif ied
service; provided, that in case of a vacancy requiring peculiar
and exceptional qualifications ox a scientific, professional of
expert character, upon satisfactory evidence that competition •
-62-
is impracticable and that the position can best be filled by the
selection of a person of recognized attainments, the Commission,
upon the recommendation of the Metropolitan Cotincil or of the
Manager, may suspend competition, but no such suspension shall
be general in its applicction to such position, and all such
cases of suspension shall be reported by the Commission, to-
gether with the reasons therefor, to the Metropolitan Council.
DUTIES OF THE CIVIL SERVICE COMIISSIOB
Sec. 109. It shall be the duty of the Civil Service Com-
mission:
1. To provide for the standardization and classification
of all positions in the classified civil service. !I!he classifi-
cation into groups and subdivisions shall be based upon and
graded according to the duties and responsibilities of such
positions, and shall.be so arranged as to permit the filling of
the higher grades through promotion. All salaries shall be
uniform for like service in each grade as the same shall be
classified and staadardized by the Commission. No standardiza-
tion or classification of salaries shall become final until
approved by the Metropolitan Council, and no salaries shall be
paid except in accordance with such standardization and class-
ification. Itie Metropolitan Council shall not approve any
standardization or classification of salaries until at least
thirty days after it shall have been submitted to the Metro-
politan Council by the Commission. For the purpose of making
the initial standardization and classification, the Metro-
politan Council, upon the recuest of the Commission, shall fur-
nish to the Commission such assistance as may be necessary.
2. To prepare and hold open competitive examinations
in order to test the relative fitness of all applicants for
-63-
appointment to the classified civil service.
CIVIL SERVICE APPOIiraaiNTS
Sec. 110. Whenever a position in the competitive classi-
fied civil service is to be filled, the appointing authority
shall notify the Commission of that fact, and the Commission
shall certify to such authority the names and addresses of the
three candidates standing highest on the eligible list for the
class or grade to which such position belongs. The appointing
authority shall appoint to such position one of the three per-
sons certified to him.
CIVIL SERVICE EMPLOYEES
Sec- 111. All persons in the employ of the County of
Alameda or of any municipality therein at the time this charter
shall take effect, whose positions it is designed by this char-
ter to include in the -classified civil service, shall, unless
otherwise provided in this charter, and subject to demotion,
suspension, and removal, continue to hold their respective
positions pending the classification thereof and the determin-
ation of the class and grade of said employees.
PREFERENCE
Sec. 112. Whenever in a competitive examination the
total rating of any person who has engaged in the military or
naval service of the United States during the Civil War,
Spaiiish-American war, Philippine insurrection, China Relief
Expedition, or war against Germany and Austria, and hes been
honorably discharged from such service, is equal to that of
others passing the exemination who have not engaged in said
service, then that person sliall have preference over all others
of the same rating, end the apr)ointing authority shall be re-
quired to follow such preference in appointing to the position
-64-
in v^uestion.
REMOVAL Al© SUSPENSION
Sec. 113. Any officer or employee in the classified
civil service may "be removed or suspended by the Manager or
other appointing authority, and may be suspended for a period
not to exceed three days by the head of the department in
which he is employed, but said officer or employee, within
five days after such removal or suspension, shall be furnished,
upon his demand, with a written statement of the reasons there-
for, and a copy of such statement shall be filed with the Com-
mission and be made a part of the records thereof.
POLITICAL ACTIVIIY
Sec. 114. No officer or employee of the city and county
shall directly or indirectly make, solicit or receive, or be
in any manner concerned in making, soliciting or receiving any
assessment, subscription, or contribution for any political
party or any political purpose whatsoever. No person holding
a position in the classified civil service shall take any
part in political management or affairs in any political cem-
paign or election, or in any campaign to adopt or reject any
initiative or referendum measixre other than to cast his vote
or privately to express his opinion. Any employee violating
the provisions of this section shall be removed forthwith
from office,
^ INTESITGATION BY CIVIL SERVICE COMMISSION
Sec. 115. The Commission, for the purpose of carrying
into effect the civil service provisions of this charter, shall
have power to investigate ''he conduct and operation of any de-
partment or board, and to subpoena and require the attendance
of witnesses and the production o;: books and papers and to
-65-
di «;•••■
administer oaths. Any person failing to obey its subpoena or
refusing to testify or produce books or papers required of him
shall be deemed to. be in contanpt, and the Commission shall
have power to take such proceedings in the punishment thereof
as may be taken by boards of supervisors as provided by the
laws of the 'State of California.
KUL3S OF CIVIL SERVICE CG1.MISSI0K
Sec. 116. laie Commission shall have power to adopt such
rules as may be necessary and proper for the enforcement of the
foregoing provisions of this charter.
SCHOOL Dismicns
Sec. 117. All school districts, high school districts,
union high school districts, and joint union high school dis-
tricts, existing within the territory constituting the City
and County of Oakland at the time this charter shall take effect,
are hereby continued in existence. All of said districts shall
be governed by one Board of Education and one Superintendent
of Schools, chosen as hereinafter provided. The boundaries of
any or all of said districts may be changed, or any or all of
said districts may be consolidated, or new districts may be
organized in the manner provided by the laws of the State of
California.
BOARD OF EDUCAriON
Sec- 118. !Ihere is hereby created a Board of Education
which, except as otherwise provided in this charter, shall be
the governing body of all school, high school, union high school,
and joint union high school districts within the city and county.
For this purpose, erccept e.s otherwise provided in this charter,
the Board of Education ^all have and possess all powers and
be charged with all duties now or hereafter conferred or imposed
-66-
UiiliOG 6fl
•] ;; n c
rd
by the Constitution and laws of the State ol California upon
county boards of edxication, trustees of common school dis-
tricts, boards of education in city school or city high school
districts, and governing boards in high school, union high
school, and joint union high school districts.
COIvIPCSITION OF BOARD OF EDUCATION
Sec. 119. The Board of Education shall consist of nine
School Directors who shall be appointed by the Mayor, one from
each cotincil district, and two at large from the entire city
and county. All School Directors shall serve without com-
pensation. Of those School Directors first appointed tinder
the provisions of this charter, three shall be appointed to
serve and hold office until 12 o'clock noon on the first Monday
after the first day of January, 1925; three to serve and hold
office until 18 o'clock noon on the first Monday after the
first day of January, 1927, and three to serve and hold office
until 12 o'clock noon on the first Monday after the first day
of January, 19S9. Thereafter, as the terms of the School
Directors expire, their saccessors shall be appointed by the
Mayor for terms of six years and shall hold office until their
successors shall have been appointed and shall have qualified.
If a vacancy shall occur in the office of School Director, it
shall be filled by appointment by the Mayor for the remainder
of -^ the xinexpired tern. Such appointee must be a resident of
the council district in which the vacancy occurs, unless the
vacancy shall have occurred in the office of School Director at*
Large , in which case such appointee may be a resident of any
district in the city and coTnt.y. Each Sohocl Director must have
been an elector of the city aad coiinly for not less than one year
next preceding his appoint cent.
-67-
MEETINGS OF BOARD OP EDUCATIOH
Sec. lEO. The Board of Education first appointed imder
the provisions of this charter shall hold its first meeting in
the rooms of the Board of Education in the City Hall of the
present City of Oakland at 10 o'clock a.m. on the secorjd Monday
following its appointment by the Mayor. At such meeting the
Board of Education shall organise and provide for a time and
place for the holding of regular meetings. All meetings of
the Board of Education shall be open to the public, and the
minutes and all books of the Board of Education shall be open
at all reasonable times for public inspection. Ho meetings
shall be held except at such reguD.ar place of use ting.
Absence from three consecutive regular meetings, unless
excused by the Board of Education, shall operate to vacate the
office of any School Director so absent.
Special meetings may be called at any time by the Presi-
dent of the Board of Education, or by any tvro School Directors,
upon written notice to each School Director, served personally
upon him or left at the place designated by him on the books of
the secretary f which designation must be made to and a record
thereof kept by the secretary) at least twenty-four hours before
the time of the proposed meetiiig. Each notice must specify the
subjects to be considered, and no other business shall be tran-
sacted at such ireeting.
QUORUM 0? BOARD OP EDUCATION
Sec. 121. A majorl'sy of the Board of Education shall
constitute a qusmm for the transaction of business, but no
act of tihe Board of Edvjcstion shall bo valid unless a majority
of all the School Directors consitr therein.
-68-
' PHOCEDUHID OF BOARD 0? EDUCATION
Sec. 122. The Board of Edvication, except as otherv/ise
provided in this charter, shall determine its rales of proce-
dure. It shall keep minutes of its prooeedings. The vote
upon all matters coming before the Board of Education shall be
taken by ayes and noes and entered upon its minutes.
OFFICERS OP BOARD OF EDUCATION
Sec. 123, "Ihe Board of Education shall elect one School
Director as President of the Board. The President first elect-
ed under tlie provisions of this charter shall hold office un-
til the first Monday after the first day of January, 19E4, and
thereafter the President shall be elected by the Board for the
term of one year.
The Board of Education shall also elect a Superintendent
of Schools who shall be ex-officio secretary of the Board of
Education. No School Director shall be chosen as Superintend-
ent of Schools dtiring the term of office for which he shall
have been appointed. During the absence or disability of the
Superinteiident of Schools the Board of Education shall desig-
nate some properly qaalifiei p'jrson to perform his duties.
POVffiRS OF SUPERTNTENDETIT CP SOEOOLS
Sec. 124. The Superintendent of Schools shall be the
executive officer of the Board of Education and, except as
otherwise provided in this charter, ha shall possess all powers
and be charged t7ith all duties now or hereafter conferred or
imposed by the Oons titvtion and laws of the State of California
upon county superintendents of schools and su.perintendp^nta of
schools of city school districts, high school districts, union
high school districts, c-ad. joint union high school districts,
-69-
aiid such other duties as may be prescribed by the Board of
Edocation. He shall be responsible to the Board of Education
for the proper and efficient conduct and operation of all public
schools and for the efficient administration of all the offices
, of the Board of Education. No appointment, transfer or dis-
missal of any employee of the Board of Education shall be made
by the Board e:scept upon recommendation of the Superintendent
of Schools. It shall be the duty of the Superintendent of
Schools to make annually to the Mayor a firiancial report, segre-
gated by districts, and such other reports as the Board of
Education may require, which reports shall be published in pam-
phlet form for general distribution.
SCHOOL BUDGET
Sec. 125. The Superintendent of Schools, at such time
as the Board of Education may direct, shall submit to the
Board a detailed estimate of the expenditures required for the
proper support of education for the ensuing year of each of
the school districts, high school districts, union high school
districts, and joint union high school districts, into which
the city and county nay be divided, which estimate shall in-
clude the expenditures required to be made on account of the
Board of Education and the office of the Superintendent of
Schools, and all other suns yctiraated to be required for out-
lay for new buildings, repair of buildi.rigs and grounds, in-
cluding equipment, and for irxcreasing generally the school
facilities of the several districts, and such other items as
may be required by the Board of Education.
The Board of Education thereupon shall examine said
estimate and adopt the s^sne with or without amendments as it
may deem proper, and cejftil'y the same to the Auditor.
-70-
Claims to be paid from the school fund must be based on
vouchers approved h^ the Board of Education.
CIVIL SERVICE IliJ SCHOOL DEPAHOMEKT
Sec. 126. The Superintendent of Schools, all assistant
Superintendents of Schools, aad all employees of the Board of
Education who are now or hereafter may be required "o^ law or
by rule of the said Board to have teaching certificates, shall
be included in the unclassified civil service, shall be ap-
pointed by the Board, and may be suspended, demoted, or removed
by the Board. All other employees of the Board shall be in-
cluded in the classified civil service and shall be appointed
by the Board.
SCHOOL BUILDINGS
Sec. 127. vVhenever the Board of Education shall have
determined upon the construction, alteration or repair of any
school building or addition to any school building, the Board
shall file with the Department of Publics V7crk3 a detailed
requisition for such construction, alteration or repair.
The Department of Public Works thereupon shall prepare,
in accordance with the requisition, the necessary plans, specifi-
cations and estimates and submit the same to the Board of Educa-
tion for approval.
The Board of Education then may approve or reject such
plaris , specifications and estim&tes. If not approved, s'ach
plans, specifications and estimates sliall be referred to the
Department of Public 17orks, which shall make the necessary
changes and corrections a)id shall re-submit to the Board of
Education the plans, specifications and estimates, as corrected.
'Then the Board of Education shall have approved such
-71-
plans, specifications and estimates, and such approval shall
have been endorsed thereon, they shall he filed with the De-
partment of Public Works, which shall proceed immediately to
perform the necessary work in accordance therewith within the
limits of appropriations made therefor by the Metropolitan
Council.
The Department of Public Works, upon the completion of
said work, shall notify the Board of Education of such com-
pletion, and said Board thereupon shall examine such work.
If the work conforms to the plans, specifications and esti-
mates approved by the Board, the work shall be accepted by
the Board, and the cost of the work, including supervision
thereof, shall be charged to the proper school fund of the
district in which the work vms performed.
PURCHASE OF SUPPLIES AND EQUIPMENT
Sec. 128. !rhe purchase of all materials, supplies and
equipment shall be made by the Purchasing Agent of the city
and county upon detailed requisitions of the Board of Educa-
tion.
BOARD OF LIBRARY IF.USTEES
Sec, 129. Ihere is hereby created a Board of Library
Trustees, which shall consist of seven members who shall be
appointed by the Manager, and who shall serve without com-
pensation. Of those library trustees first appointed Tinder
the provisions of this charter two shall be appointed to
serve and hold office until 12 o'clock noon on the first Monday
after the first day of January, 1925; two to serve end hold
office until 12 o'clock noon on the first Monday after the
first day of January, 19£7, and three to serve and hold office
until 12 o'clock noon on ccxe firsi Monday after the first day
-72-
oofLs
T^
of January, 1929. Thereafter, as _the terms of the litrary trus-
tees expire, their succosGors shall be appointed by the Manager
to serve and hold office for terms of six years and until their
successors shall have been appointed and shall have qualified.
If a vacancy shall occur in the office of library trustee it
shall be filled by appointment by the Manager for the remainder
of the unexpired term. Each library trustee must, have been an
elector of the city and county for not less than one year pre-
ceding his appointment.
POWERS Am DUTIES OP BOARD OP LIBRARY TRUSTEES
Sec. 130. The Board of Library Trustees shall have the
exclusive management and control of all libraries, reading
rooms, museums and art galleries belonging to or operated by
the city and county or any borough thereof. The Board shall
have the power to msike and enforce such rules and regulations,
not inconsistent with the provisions of this charter, as it
may deem necessary for the efficient performance of its duties.
With respect to all libraries, reading rooms, museums
and art galleries under its direction, the Board shall have and
exercise all powers and shall be charged -with all duties now or
hereafter conferred or imposed by the Constitution and laws of
the State of California upon boards of library trustees of
counties, cities, cities and coiJities and towns, so far as such
laws are not inconsistent with the provisions of this charter.
All professional emx'l^i'ses of the Board shall be in-
cluded in the unclassified civil service, their nuiaber and
salaries shall be fixed by the Board within the limits of the
appropriations made by the lAe troFoliian Coxmcil for libraries,
reading rooms, museums and art galleries, and they shall be ap-
pointed by the Board and may be sispended, demoted, or removed
-73-
by it. All other officers end employees of the Board, subject '
to the civil service provisions of this charter, shall be ap- |
pointed by the Board, and may be suspended , demoted, or re-
moved by it. ;
I
The purchase of all materials, supplies and equipment \
for libraries, reading rooms, museum^ and art galleries in the j
city and county, excepting manuscripts, pictures, prints, statu- ]
ary and other works of art, curios and objects of exhibition,
shall be made by the Purchasing Agent of the city and county i
upon detailed requisitions of the Board of Library Trustees. i
The Board shall have power at any time to sell or ex- ,
change books, periodicals, manuscripts, pictures, prints,
statuary or other works of art, exhibits, curios or other ■
objects of exhibition, and all moneys received from such 1
j
sales or exchanges shall' be paid into the library fvind. \
i
LIBRARY BUILDINGS 1
i
'\
Sec. 131. Whenever the Board of Library Trustees shall i
i
have determined upon the construction, alteration or repair of ;
any library, reading room, museum or art gallery, or any ad- i
dition thereto, the Board shall file with the Department of
Public Works a detailed requisition for such construction, alter- \
ations or repairs.
The Department of Public Vorks shall thereupon prepare, \
in accordance with such requisition, the necessary plans, speci- '
',■1
fications and estimates and submit the same to the Board of
Library Trustees for apt)roval. !
The Board of Library Trustees may then approve or reject j
such plans, specifications and estimates. If not approved, said i
■i
plans, specifications aaid estimates shall be referred to the ^
'i
Department of Public Wt>rlcs, which shall make the necessary i
iO DC
. 0 riL-
i>-^'.
Oi.i iiij i.ivi Hi,
y.tJ b9i£ti.Oi
ji3Xa/I£J.f
•tdli
o+'^rsrf? :tr
iiefticoo
changes and corrections and shall re-submit the plans, specifi-
cations and esticnates ac corrected to the Board of Library
Trustees.
When the Board of Library Ttustess shall have approved
such plans, specifications and estimates, and such approval
shall have been endorsed thereon, they shall be filed with the
Department of Public Works, vrMch immediately shall proceed
to perform the necessary work in .accordance therewith within
the limits of appropriations made therefor by the Metropolitan
Council.
Upon the completion of said work, the Department of
Public vVorks shall notify the Board of Library Trustees of
said completion, and said Board shall thsreupon examine such
work. If the work conforms to the plans, specifications and
estimates approved by the Board, the v;ork shall be accepted
by the Board, and the cost of the work, including supervision
thereof, shall be charged to the library fund.
DSPART-IEIIT OP PUBLIC HEALTH, HOSPITALS AND SOCIAL 'ffiLPAlffi j
Sec. 13H. Tliere is hereby created a Department of Health,
Hospitals and Social Welfare which shall be under the exclusive ;
i
management and control of a Board of Health, Hospitals and ]
Social Welfare. Said Board shall consist of seven members who ;
shall be appointed by the Manager and who shall serve without
compensation. '
Of those members first appointed under the provisions of !
this charter, three shall be appointed to serve and hold office i
vmtil 12 o'clock noon on the first Monday after the first day I
of January, 1925 r and foui to serve and hold office until IS ,
o'clock noon on the first Konday after the first day of January, I
1927. Thereafter, as tho terms of the members expire, their 1
I
-75-
successors shall be appointed by the Manager for terms of four
years and shall hold office until their successors shall have
been appointed and shall have qualified. If a vacancy shall
occur in the office of a member of the Board, it shall be
filled by appointment by the Manager for the unexpired term.
The Board shall organize the department into a Division
of Public Health, a Division of Social i;7elfare, and a Division
of Hospitals.
The Board shall hare pov.'er to make and enforce such
rules and regulations as it may deem necessary for the effi-
cient performance of its duties, and to create other divisions
of the work under its jurisdiction. All officers and employees
of the department shall be included in the unclassified civil
service and their number and salaries shall be fixed by the
Board with the approval of the Metropolitan Council. Said
officers and employees shall be appointed by the Board and may
be suspended, disciplined, demoted, or removed by it.
DITISION OF PUBLIC HEALIH
Sec. 133. There shall be a Health Officer who shall be
ex-officio head of the Division of Public Health. He shall be
a graduate of a reputable medical college or shall have re-
ceived a degree or certificate in public health from the
University of California or an institution of like standing.
He shall have practiced medicine or shall have been actively
engaged in public health work for at least five years prior to
his appointment.
The Health Officer shall be the chief executive officer
of the Division of Public Health, and shall have general super-
vision over all its func:ticns. He shall be specially charged
with the execution witJ.in the city and county of the laws of
the State of California and the rules £.nd regulations of the
-76-
state Board of Health thereof in all matters pertaining to the
public health, including the inspection of plumhing. Under
the direction of the Board of Health, Hospitals and Social
Welfare, he shall have such pov^'ers and duties as may "be con-
ferred upon health officers ar^d boards of health by the laws
of the State of California, or as may be prescribed by ordinance
of the Metropolitan Council. :ihe Health Officer and such em-
ployees of the Division as shall be designated by him shall
have, in respect to violation of the health regulations of the
State and of the city and county, all powers of police officers
of the city arid county.
DIVISION OF SOCIAL 'JiTSLFAPS
Sec. 134. There shall be a Xiirector of Social Wr.\f are
who shall be the head of the Division of Social Welf:re.
Under the direction of the Board of Health, Hospitals
arxd Social Welfare, this division shall investigate, determine
and supervise the giving of relief to all persons applying
for county aid and shall devise ways and means for restoring
them to self-support when possible, end may receive and ey.pend
private funds or bequests for charitable purposes; shall have
charge of the administration of State aid wi rhin the city and
covmty; shall have charge of all nunicipal lodging houses and
woodyards; shall have pover to inspect and make regulations
for boarding homes for children, child-placing agencies,
maternity hospitals, and all other private institutions of
similar character; may investigate ell charities dependent
upon public appeal or general solj.citation for support, pro-
vided that nothing in this section shall apply to appeals
made for funds by or for ch-arch organiaations, and shall co-
operate with the Juvenilo court, the probation office and the
probation committee, anc act as a co-ordinating agency for all
-77-
relief and other welfare societies in the city and county. All
standards of investigation, record and care shall he in accord
with those required by the State Board of Charities and Cor-
rections.
All supplies distributed under the direction of the
Division of Social Welfare may be purchased, at the discretion
of the Director of Social Welfare, either in the open market
or through the Purchasing Agent.
DIVISION OP HOSPITALS
Sec. 135. 'There shall be a Director of Hospitals who
shall be the head of the Division of Hospitals. He shall be
a graduate of a reputable medical college and shall have
practiced medicine for at least five years prior to his ap-
pointment.
Under the direction of the Board of Health, Hospitals and
Social Welfare, this division shall have the eyclusive manage-
ment and control of all hospitals, infirmaries, sanitoria and
health centers supported by funds of the city and county.
CITY PLMOJiaS COMMISSION
Sec. 136. \(Vhenever, in the opinion of the Manager, the
public welfare shall require the services of such a commission
he may appoint a City Plarining Commission to consist of three
members, who shall serve without compensation. It shall be the
duty of such City Planning Commission to advise and recommend
to the Manager the design and location of works of art which
may become the property of the city and co\inty; to advise the
Metropolitan Council as to the plan, design and location of
public buildings, bridges, viaducts, street fixtures, and other
structures and appurtenances, the removal, re-location and
alteration of any such woiks belonging to the city and county,
-78-
;^"Bv;»^'.
no
the location, extension and platting of streets, parks and
other public places and of new areas, and the preparation of
plans for the future physical development and improvement of
•the city and county.
PARK COMMISSION
Sec. 137. There is hereby created a Park Commission
which shall consist of five members who shall be appointed by
the Manager and shall sorve without oompensation. Of those
members first appointed under the provisions of this charter,
two shall be appointed to serve and hold office until 12
o'clock noon on the first Monday after the first day of Janu-
ary, 1925, and three until IS o'clock noon on the first Monday
after the first day of January, 19E6. Thereafter, as their
terms expire, commissioners shall be appointed to serve for
terms of two years, or until their successors are appointed
and have qualified. If a vacancy shall occur in the office
of commissioner it shall be filled by appointment by the
Manager for the unexpired term,
!Ehe Commission shall annually elect one of its members
president, who shall hold office for one year, or until a
successor is appointed and has qualified.
The Commission shall hold regular meetings and shall
establish rules and regulations for the performance of its
duties.
POV.'ERS OP PARK COMMISSION
vSec. 138. Except as otherwise provided in this charter,
all land and water parks, public pleasure grounds, reservations,
boulevards, parkvvays and all grounds surrounding public build-
ings within the territorial limits of the City and County of
Oakland, now owned or controlled by the County of Alameda or
-79-
"by any incorporated city or town, or that hereafter may he
established or acquired hy the said city and county or any
borough thereof (excepting properties that nov/ are or here-
after may be set apart for play or recreation centers) , also
the planting, care, maintenance and control of all sidewalk
areas or borders of roads vi/herein or whereon trees, shrubs
or other plaits are now or hereafter may be grown, shall be
under the exclusive management and control of the Park Com-
mission.
r
The Commission shall have power, subject to the rules
and regulations of the Civil Service Commission, to appoint
and discharge such officers and employees of the Park Com-
mission as may be provided by the Metropolitan Council.
The Commission may adopt and enforce such rules and
regulations, not inconsistent with the provisions of this
charter, as it may deem necessary for the efficient perform-
ance of its duties, and shall have the exclusive management
and control of all funds legally apportioned to or otherwise
received by the Park Commission, except that such fund or
funds may not be used for the purchase of water parks or
land for park purposes until authorized by the Metropolitan
Council.
Ihe Commission shall have the exclusive right to cause
to be erected on property under its jurisdiction buildings end
structures for park purposes; provided, however, thrt, with the
approval of the Park Commission, the Metropolitan Council may
erect, or cause to be erected, any municipal building thereon.
The Commission shall have power to grant any concession
in any p?rk or parks under its jurisdiction for a period not
to exceed one year where, in the opinion of the Commission,
the granting of such concession will promote the use of said
-80-
park or parks for pleasure purposes.
RECREATION COJ-MISSIOW
Sec. 139. Iliere is hereby created e. Recreation Com-
mission shich shall consist of five members who shall be ap-
pointed by the Manager rnd shall serve v/ithout compensation.
Of those commissioners first appointed under the provisions of
this charter, two shall be appointed to serve and hold office
until IS o'clock noon on the first Monday after the first day
of January, 1925, and three until 12 o'clock noon on the first
Monday after the first day of January, 1926. Thereafter, as
their terms expire, commissioners shall be appointed to serve
for terms of two years or until their successors shall have
been appointed and shall have qualified. If a vacancy shall
occur in the office of commissioner, it shall be filled by •
appointment by the Manager for the unexpired term.
jftie Commission shall annually elect one of its members
as president, who shall hold office for one year or until
a successor shall have been appointed and shall have qualified.
The Commission shr.ll hold regular meetings and shall
establish rules snd reg-ulations for the performance of its
duties.
POSTERS OP RECREATION COMMISSION
Sec. 140. All playgrounds, sxunmer camps, recreation
centers and bathing beaches T/ithin the territorial limits of
the City and County of Oakland, now owned or controlled by the
County of Alameda; all playgrounds, summer fiamps, recreation
centers and bathing beaches now owned or controlled by the
Municipalities of Emeryville, Oakland and Piedmont, or that
hereafter may be established or acquired by the city and county
or any borough thereof, whether such playgrounds, summer camps,
-ei-
i
'" ^'^t
^^^
recreation centers or "bathing beaches be situEtad within or
without the city and co-onty; also those portions of public
parks or water parks and grounds around public buildings which
now are or hereafter may be assigned to the Recreation Com-
mission, shall be under the exclusive control and management
of the Recreation Comaission.
!Che Commission shall have the right to use, at any time,
for play, recreation, or boating purposes the surface of the
water park of Lake Merritt, provided, that the Park Commission
may reserve such portions of the northeastern arm of said lake
as it may deem necessary for the protection of wild fowl,
Ihe Commission shall have the right to use for play,
recreation, or boating purposes such structures on the shores
of Lake Merritt as now are used for play, recreation, or
boating purposes.
Ihe Commission shall have power to appoint and to suspend,
demote, or remove such officers and employees of the Commission
as may be provided by the Metropolitan Council. Such officers
and employees shall be included in the unclassified civil
service.
The Commission sh?ll have power to grant concessions in
or upon any playground, summer camp, recreation center or
bathing beach for a period not to exceed one year where, in its
opinion, the granting of such concession will promote the use
of such playground, summer camp, recreation center or bathing
beach for play or recreation purposes.
In addition to the powers hereinabove conferred, the
Commission shall have power to conduct walking and outing ex-
cursions to points within or withovit the limits of the city and
county; to organize and conduct play and recreation activities,
-6S-
leagues, tournaments and pageants in or upon any playgroujid,
summer camp, recreation center or be tiling bGach, or in cr upon
any athletic field, gymnasium, swinjning pool or other suitable
place, the temporary use of which may have been loaned or
leased to the Commission for play or recreation purposes, and
to conduct summer camps within or without the city and county,
provided, however, that no money shall be expended for per-
manent improvements without the limits of the city and county
unless it shall have been specifically appropriated for that
purpose by the Metrcpolitan Couricil.
Ihe Commission may adopt and enforce such rules and
regulations, not inconsist'aixt with the provisions of this
charter, as it may deem necesaary for the efficient perform-
ance of its duties.
DEPARIMENT OF PUBLIC SERVICE
ACQUISITION 0? ESSEIITIAL PROPERTIES
Sec. 141. It is hereby declared to be the intention of
the people of the city and county to acquire by suitablt* action
through purchase, condeianation, const'jruotion, or cthorwise, all
the properties essential to su;-^ply themselves with light, power,
water, transportation, or other utility facilities whonevor it
appears that the public interest will ho thDr3ty served.
0RaANI3ATI01I
Sec. 14£. "There is hereby created a Department of Public
Service which shall be under" the management and control of a
Board of Public Sarvioe Coami'dai oners. Said Board shall consist
of five members who shall be appointed b^y the Manager and who
•■62-
shall serve without compensation. 01 those members first ap-
pointed under the provisions of this charter, two shall be
appointed to serve and hold office until IE o'clock noon on
the first Monday after the first day of January, 1926, and
three to serve and hold office until 18 o'clock noon on the
first Monday after the first day of January, 1929. Ihore-
after, as the terms of the members expire, their successors
shall be appointed by the Manager for terms of six years
and until their successors shall have been appointed and shall
have qualified. Vacancies on said Board shall be filled by
appointment by the- Manager for the unexpired term.
POWERS
Sec. 143. The Board shall have power to make and en-
force such rules and regulations as it may deem necessary for
the efficient performance of its duties, and shall organize
the department into such divisions as the work under its
jurisdiction may require. It shall have power, when directed
by the Metropolitan Council, to make preliminary investiga-
tions regarding the acquisition of local facilities and of
alternative sources of supplementary or principal supply to
provide the inhabitants of the city and county with an ample
supply of water for their fire protection or for their domes-
tic, industrial, municipal or other uses authorized by law.
The Board shall have power, except as otherwise pro-
vided in this charter, to acquire and construct utilities
with the consent and approval of the Metropolitan Council; to
operate, maintain, manage and control every utility (excepting
those under the jurisdiction of the Board of Harbor Commission-
ers) owned by the city and county, whether wholly within or
without, or partly within and partly without, the city and
-84-
coxinty; to fix rates (subject to ratification or modification
by ordinance of the Metropolitan Coimcil) , rentals, charges
and classifications; to make and enforce rules and regula-
tions, contracts, practices and schedules for or in connec-
tion with any service, product or commodity owned or con-
trolled by the city and covin ty; and to exercise and perform
such other powers and duties as may be conferred or imposed
by this charter or by the Metropolitan Council.
It shall have power, subject to the civil service pro-
visions of this charter, to appoint and to suspend or remove
such officers and employees of the Department of Public Service
as may be provided by the Metropolitan Council.
The Board shall have power, with the approval of the
Metropolitan Council, to sell, supply or distribute any sur-
plus product of any utility operated by the city and county,
not required for use therein, to consumers outside of the
city and county, and to enter into contracts for that purpose.
The Board shall have power, with the approval of the
Metropolitan Council, to enter into a contract or contratitt
with any other city, city and county, or district ov/ning a
suitable and adequate water supply, for the joint construction,
maintenance and operation of the works necessary to develop
and transmit said supply, and for the delivery to the city and
county of such portions of said jointly owned supply as shall
be in accordance with its present and future needs, or for the
purchase at wholesale rates, under an agreement with any city,
city and county, or district, of water in sufficient quantity
for the present and future needs of the city and county \inder
satisfactory guarantees of delivery.
-85-
riox^Qoii.
ri&^^i Xi
s-om'-
Ql\^ \o [frr '
% • ■_- V
iei")Wo
jiitp:
vf.
Xp, 05
t;J
. •^J^n^
a*;xq-
vpef^i'
ra i
REVEIJUE FROM UTILITIES
Sec. 144. All moneya received, collected or arising
from the exercise of the powers herein conferred upon the
Board of Public Service Commissioners shall be deposited in
the city and county treasury to the credit of a fund to be
known by the name of the utility operated, and shall be kept
separate and apart from other moneys of the city and county.
No money shall be drawn from such fund or funds except upon
the order of the Board of Public Service Commissioners, ex-
oept as herein otherwise provided in this charter.
EXISTING MUIIICIPAL UTILITIES
Sec. 145. All public utilities within the territorial
limits of the City and County of Oakland, owned, operated or
conducted by any municipality therein or by the County of
Alameda at the time this charter shall take effect, shall be
subject to the jurisdiction of the respective boards of
trustees of the boroughs in which such utilities may be
situated, and shall continue to be subject to such juris-
diction, under rules and regulations prescribed by such
boards of trustees unless and until acquired by the city and
county at an agreed price, ratified by a majority vote of
the qualified electors of such boroughs. All revenue earned
by such utilities while under the jurisdiction of said boards
of trustees shall be deposited in the treasury of the city
and county as and when directed by said boards of trustees,
and shall be held in separate funds and shall be drawn out
only upon warrants countersigned by the officials duly author-
ized by the respective boards of trustees.
-86-
HARBOR DEPAR'mffiNT
Sec. 146. There is hereby created a Harbor Department
which shall be under the management and control of the Beard
of Harbor Commissioners. Said Board shall consist of five
members who shall be appointed by the Manager and who shall
serve without compensation. Of those members first appointed
under the provisions of this charter, two shall be appointed
to serve and hold office until 12 o'clock noon on the first
Monday after the first d^ of January, 19E4, end three to
serve and hold office until 12 o'clock noon on the first
Monday after the first day of January, 19E5. (Thereafter, as
the terms of the members expire, their successors shall be
appointed by the Manager for terms of two years, and shall
hold office until their successors shall have been appointed
and shall have Qualified. Vacancies on said Board shall be
filled by appointment by the Manager for the \inexpired term.
Ihe Board shall have the power to make and enforce such
rules and regulations as it may deem necessary for the effi-
cient performance of its duties, and may organize such divi-
sions of the department as the work under its jurisdiction
may require.
The Board of Harl-rv Commissioners shall hava and exer-
cise full control and managemont of th9 water2:ront , harbor,
and navigable waters of the city and county and ell property
contiguous to the waterfront owned cr controMed by the city
and county, including the power to establish zones end fair-
ways; to fix and collect rates, tolls, dockage and all other
charges; to grant licenses and privileges; to construct or
to acquire by purchase and to maintain and operate belt lines
of railroad along the waterfront or elsewhere in the city and
county, with the necessary spurs and connections for the purpose
-87-
■^ J J. ^ i
■ia iitxJ-i.,'1
*Bt»at> t^elaxaoO iorf-r-,H lo
;i'nJ!:o ;
♦ .:■-',:
siii, 9rfJ .jri:0-iiiatji>*^t>oXo^d :Si I'tftau stnl'iio hloA bnB evtun
IX-viii© J&pt^-oc >i^3 a'.'
■QriJ ^«f JiT
i ^eXIi»
7.-t
'f3 trirrTJr*,^.. ■-►oi,^;
•iU' 31 .
TO
<■•."■; r,
ol connecting railroads, warehouses, factories, or other "busi-
ness industries and enterprises, with each other and with
docks; to provide a plan lor the development of the waterfront,
harbor and navigable waters of the city and co\inty and all
property contiguous to the waterfront owned or controlled by
the city and county; to exercise all powers necessary or con-
venient for the development, control and management thereof,
and to exercise such other powers and perform such other
duties as may be conferred or imposed by this charter or by
the Metropolitan Council,
ISie Board shall have power, upon approval by ordinance
of the Metropolitan Council, to lease any portion of the water-
front or harbor of the city and county or property contiguous
to the waterfront owned or controlled by the city and county.
No lease, license or privilege shall be granted of that por-
tion of such waterfront, harbor or property contiguous there-
to , lying between the Southern Pacific and Western Pacific
piers. No lease, license or privilege of unirfiproved water-
front or harbor property, or property contiguous to the water-
front owned or controlled by the city and county shall be
granted for a term exceeding fifty years, and no lease, li-
cense or privilege of improved wr.terfront or harbor property,
or property contiguous to the waterfront owned or controlled
by the city and county shall be granted for a term exceeding
five years unless such lease, license or privilege shall first
be approved by a majority vote of the electors of the city and
cotuaty voting upon said proposition at a general or special
election.
All moneys received or collected or arising from the
exercise of the powers herein coriferred upon the Board of
Harbor Commissioners shali be deposited in the city and
r*'*'?*5' £rf^
Mj 6t
Ol OJ
r'^'rrcT'.-
<,ji'.^.
©f o5!
aeqtt
courxty treasury to the credit of the harbor fund, and shall he
kept separate and apart froin all other moneys of the city and
county. Moneys shall be drawn from said harbor fund only upon
the order of the Board of Harbor Commissioners, except as
otherwise provided in this charter.
Ihe BoBrd of Harbor Commissioners shall have power, sub-
ject to the civil service provisions of this charter, -to appoint,
and to suspend or remove such officers and employees of the
Harbor Department as may be provided by the Metropolitan Council.
PUBLIC UTILI!ry BOARD
Sec. 147. In the event that the people of the city and
county re-invest themselves with the power to fix rates now
exercised by the State Railroad Commission, the Metropolitan
Council shall have power to create a Public Utility Board when-
ever, in the opinion of said Metropolitan Council, the public
welfare demands the s-ervices of such a board. Said Board shall
consist of three members who shall be appointed by the Manager
and who shall serve without compensation, Ihe Board first
appointed shall so classify themselves by lot that one member
shall hold office for two years, one for four years, and one for
six years. Thereafter members of the Board shall be appointed
for terms of six years. Vacancies shall be filled by appoint-
ment by the Manager for the unexpired term. The Board shall
organize by electing one of its members president, who shall
hold office for one year and until his successor is elected.
POVffiRS AND DUTIES
Sec. 148. The powers and duties of the Board of Public
Utilities shall be as follows:
(1) To make and enforce such rules and regulations as
it may deem necessary for the effipient performance of its
-89-
, i'iaii
i3.n-' '^^j- »
.10 iff'
1. )
duties.
(2) To fix, subject to approval, change or modification
by the Metropolitan Council, the rates to be charged and col-
lected by all persons, firms and corporations operating or
maintaining public utilities vjithin the city and .county
(excepting wharves, docks, warehouses and other utilities
pertaining to the waterfront, the harbor, or to other nav-
igable waters in the city and county), such rates to be so
fixed for such periods as may be prescribed by law or ordin-
ance, but in no event for a period less than one year or for
a period longer than three years.
(3) In addition thereto, such Board shall discharge all
duties which may be prescribed by this charter or by the Metro-
politan Council.
LEASE OF LAM)S
Sec. 149. The Metropolitan Council may provide for the
lease of lands now or hereafter owned or controlled by the
city and county. All leases (excepting those applicable to
the waterfront, harbor and navigable waters of the city and
county, and all property contiguous to the waterfront) shall
be granted by ordinance adopted by a five-sevenths vote of
the Metropolitan Council to the person, firm or corporation
offering to pay the highest rent therefor to the city and
county during the term of the lease; said offers shall be
received only at public auction, after publication of notice
thereof for five days, which publication shall state ex-
plicitly the terms and conditions of the proposed lease*
PROPER Ty RIGHTS INALIENABLE
Sec. 150. The rights of the city and county in and to
its waterfront, v/harf property, land under water, public
-90-
buildings, wharves, docks, streets, highways, public parks and
all other public places, except as otherwise provided in this
charter, are hereby declared inalienable.
GRAND OF FRANCHISE
See. 151. No person, firm or corporation shall exercise
any franchise, permit or privilege mentioned in this charter,
except in so far as he or it may be entitled to do so by pre-
vious grant thereof lawfully made, or by direct authority of
the Constitution of California or of the Constitution or laws
of the United States, in, upon, over, xmder or along any street,
highway or other public place in the city and county unless he
or it shall have obtained a grant therefor in accordance with
the provisions of this charter. i '
Every franchise, permit or privilege to erect or lay
telegraph or telephone wires, to construct, maintain or oper-
ate street, suburban or interurban railroads, to operate and
maintain automotive transportation, to lay pipes for the
purpose of providing heat, light or power, to erect or install
poles or wires for transmitting electric energy along, upon,
over, under, in or across- any street, lane, alley, court, high-
way, road, park or public plac«, or in any pipe or conduit in
this city and cotinty , or to ej-ercise any other privilege what-
ever hereafter proposed to be granted by the Metropolitan
Council, shall be granted upon the terms and conditions in this
charter provided, and upon such further and other terms and
conditions, not inconsistent with the provisions hereof, as the
Metropolitan Council shall prescribe.
APPLICATION FOR FRANCHISES
Sec. 158. The applicant for any franchise, above men-
tioned, shall file with the Metropolitan Council an application
-91-
therefor, and thereupon said Metropolitan CotLncil shall advertise
the fact that said application has been made, once a day for ten
consecutive days in one or more nev.'spapers published and circula-
ted in the city and county, which publication must be completed
not less than twenty, nor more than thirty, days before any
further action can be taken thereon.
COUDITIOUS OP GRANT
Sec, 153. The advertisement must state the character of
the franchise proposed to be granted, the term for which it is
granted, and the route to be traversed; that sealed bids will
be received therefor and will be opened at a stated time and
place, and that the franchise will be awarded to the bidder
offering to pay the city and county, during the life of the
franchise, the highest percentage of the net annual receipts
arising from the use, operation or possession of the same;
provided, that such ne.t annual receipts shall be determined by
deducting from the gross annual receipts collected from any
and all sources \inder and by virtue of such franchise all
operating and maintenance costs, taxes, insurance end a reas-
onable depreciation, estimated on the x'alue of the property
of the grantee used or useful in the public service.
COMPUTATION OP PERC3NTAGE RECEIPTS
POR CERTAIN RAILROADS'
Sec. 154. If the franchise is for a street, suburban,
or interurban railroad, or for automotive transportation, v;hich
shall extend beyond the liuiits of the city and county, then,
and in that case, the percentage of the net annual receipts
.herein specified shall be computed or reckoned as follows;
The total length of the said railroad, or routes traversed,
within and without the city and county shall be compared with
-92-
the length of the railroad, or route traversed, covered by the
franchise proposed to be granted, the length in each case being
estimated in equivalent single track mileage. Prom the total
length of the said railroad, or route traversed, within and
without the city and cotinty shall be taken the length of the
railroad, or route traversed, covered by the franchise proposed
to be granted, and that proportion of the net annual receipts
of the entire railroad, or route traversed, which the entire
length of the railroad, or route traversed, has to the length
of that portion then covered by the proposed franchise, shall
be taken as the net receipts upon which the percentage bid for
said franchise shall be computed and paid.
BIDDING FOR FRANCHISES
Sec* 155* At the time of opening the sealed bids, any
responsible person, firm or corporation may bid for such fran-
chise not less than one-half of one percent of the net annual
receipts for the entire term of the franchise above the high-
est sealed bid therefor, and such bids so made may be raised
not less than one -half of one percent of said net annual
receipts for such entire term by any other responsible bidder,
an« such bidding may continue until finally such franchise
shall be struck off, sold and awarded by the Metropolitan
Council to the person, firm or corporation offering the high-
est percentage of the said net annual receipts arising from
the use, operation or possession of said franchise, provided,
that if, in the judgment of the Metropolitan Council, no
adequate or responsible bid has been made, the Metropolitan
Council may withdraw such franchise from sale or advertise
■
for new bids, and, provided, further, that no bid for the payment
of less than two percent of said net annual receipts shall be
accepted.
-93-
■ i.
•.J.;
-Xih^
■' t'
- ■' * --'1,1 :.■. . ..
^ Hd:: '
'T
DEPOSIT AS GUARAUmr
Sec. 156. Every application for a franchise \inder this
charter and every hid except that of the applicant shall be
accompanied by <a cash deposit of two thousand dollars or a
certified check fqr said amount, payable to the Clerk of the
city and county and certified to by some responsible bank, as
a guaranty of the good faith of the applicant or bidder, and as
a fund out of which to pay all expenses connected with such
application and the granting of such franchise. '" '. ,
If no award is made, all expenses incurred by the city
and county in connection with such application shall be paid
out of the deposit of such applicant, and if an award is made
such expenses shall be paid out of the deposit of the success-
ful bidder and the balance, if any, returned.
BOHD OF EACH BIDDER
Sec. 157, ^€ successful bidder for any franchise
struck off, sold and awarded under this charter shall file a
bond, rtuining to the city and county, executed by a surety
company authorized to act as sole surety, under the laws of
the State of California, to be approved by the Metropolitan
Council, in a penal sum to be by it prescribed and set forth
in the advertisement for bids, conditioned that such success-
ful bidder shall well end truly observe, fulfill and ^:)erform
each and every term and condition of such franchise, and
that in case of any breach of any condition of such bond the
whole amount of the penal sum therein named shc.ll oe taken
end deemed to be liquidated damages and shall be recoverable
from the principal and surety upon said bond. Said bond shall
be filed w^ith the Ketropolitfn Council within cen days after
such franchise is awarded, and upon the filing and approval
Of such bond, the said franchise shall be granted by said
-94-
Metropolitan Council by ordinance, subject to the referendum
provisions of this charter, to the person, firm or corpora-
tion to whom it has been struck off, sold and awarded, and
in case such bond shall not be so filed, said franchise shall be
set aside and any money deposited in connection v>fith the ap-
- plication for the franchise shall be forfeited, and the fran-
chise, in the discretion of said Metropolitan Council, shall
be re-advertised and again offered for sale in the same manner
and \inder the same restrictions as were prescribed for the
granting of said franchise in the first instance.
PEES COMPETITION IN BIDDING
Sec. 158. No clause or condition of any kind shall be
inserted in any franchise offered or sold under the terms of
this charter which shall directly or indirectly restrict free
and open competition in bidding therefor, and no clause or
provision shall be inserted in any franchise offered for sale
which shall in any wise favor one person, firm or corporation
as against another in bidding for the purchase thereof.
LIFE OF FRANCHISE
Sec. 159. Every franchise may be granted, either for a
determinate or an indeterminate period, subject always to the
right of the city and county to acquire, purchase and possess
the property? of the grantee, as hereinafter provided.
COMiuENCEMSNT AND COMPLETION OP WORK
Sec. 160. Work to erect or lay telegraph or telephone
wires, to construct street, suburban or interurban railroads,
to lay, gas pipes for the xjurpose of carrying gas for heat,
light or power, to erect or lay wires lor transmitting elec-
tric heat, light or power, or to exercise any other privilege
whatever for vvhich a frarjchise she^.l have been granted in
-Ob-
accordance with the terms and conditions of this charter, shall
be commenced in good faith within not more than eight months
from the granting of any such franchise, and if not so com-
menced within said time said franchise so granted shall he de-
clared forfeited, and shall be completed not more than two
years thereafter, and if not so completed within said time,
said franchise so granted shall be forfeited, provided, that
for good cause shovin, the Metropolitan Council may, by reso-
lution, extend the time for completing the same.
RIGHT OF CITY AHD COUNTY TO' PURCHASE
Sec. 161. Every franchise shall be granted upon the
express condition that the city and county may, at a valuation
fixed and determined as hereinafter provided, assume owner-
ship by purchase and take over to itself the property used and
useful of the franchise grantee, his or its successors and
assigns, and upon giving said grantee, .his 03. Its successors
and assigns six months' written notice of its intention so to
purchase and take over said property, which written notice
shall be given only when authorized by ordinance of the Metro-
politan Council. The valuation of such property used and use-
ful and owned by the grantee, his or its successors and as-
signs at the time of the giving of said six months' written
notice, as aforesaid, shall be fixed by the Railroad Commission
of the State of California, or its successors in Interest,
provided, that in fixing the valuation, no allowance shall be
made for the franchise or for good will or going-concern
value. To this valuation shall be added the cost of all ad-
ditions, extensions and betterments, and from this valuation
shall be deducted the value of property sold or abandoned
and depreciation, as determined and fixed by the said Railroad
Commission, or its successors In interest, during the time
-96-
elapsed "between the giving of aaid notice and the actual taking
over of said properties, which final valuation so determined
and computed shall be the valuation at which such property may
be acquired by the city and county.
NO CONVEYANCE NECESSARY FOR CITY AND COUNTY OWNERSHIP
Sec. 162. Every ordinance granting any franchise shall
provide that the city and county may take over to itself and
become the owner of the property and plant of any grantee, as
provided in this charter, without the execution of any instru-
ment or conveyance. The granting of the franchise shall be
set forth in all ordinances granting franchises as a valuable
consideration, for which the grantee, his successors and
assigns agree to conform to the terms and conditions of the
said ordinance •
LEASE OR ASSIGNMENT OF FRANCHISE
Sec. 163. No franchise granted by the city and county
shall be, in whole or in part, leased, assigned, or otherwise
disposed of, or transferred without the express consent of the
city and county, and no dealings with anyone on the part of
the city and county to require the performance of any act or
payment of any compensation by anyone shall be deemed to
operate as such consent; provided, that nothing herein shall
be construed to prevent the grantee of such franchise from
the city and county from including it in a mortgage ot trust
deed executed for the purpose of obtaining money for corporate
business.
STREET SPRINKLING AND PAVING
Sec, 164. Every grant of any franchise in, over, under
or along any street, highway or public place in the city and
county for railroad, street railway, suburban or interiirban
-97-
railway purposes, shall be subject to the conditions that the
persons, firm or corporation exercising or enjoying the same
shall sprinkle, plank or re-plank, pave or re-pave, macadamize
or re-macadamize the entire length of the street, highway or
other public place used by the track or tracks of such rail-
road or railway, and between the rails, and for two feet on
each side thereof, and between the tracks, if there be more
than one, and keep the same constantly in tepaif , flush with
the street, and with good crossings; and such street work shall
be done with the kind of materials and in such manner as the
Metropolitan Council may direct at the same time and as a part
of the same operation as the work on the remainder in width
of said street, highway or other public place to the satis-
faction of the superintendent of streets, provided, however,
that, when in the opinion of the Metropolitan Council the space
between the rails and tracks of the grantee and two feet on
each side thereof, or any portion of the same, is not required
for purposes other than railway traffic, the same need not be
paved in like manner as the remainder of the street, highway
or public place, but shall be treated as the Metropolitan
Council may direct.
EXAIvIIWATIOK OF COMPANY'S BOOKS: AUDIT
Sec. 165. All ordinances granting franchises shall
provide that the grantee, his successors and assigns shall
keep vouchers, records, and books of accounts so as to clear-
ly exhibit the net annual receipts of such grantee. Ihe City
and county, by end through its Manager, or such other agent
as may, from time to time, be appointed by the Manager or
Metropolitan Council, shall have the right at all reasonable
times to examine all the books, vouchers, records and otaer
papers of all persons, firms or corporations exercising ov
-98-
enjoying any franchise. A refusal to keep said tooks, vouchers,
records and other papers in the manner provided above or to
produce for inspection in the city and coun.ty said books,
vouchers, records and other papers at all reasonable times for
examination by the Manager, or other agents appointed by the
Manager or Metropolitan Council, shall work a forfeiture of
the said franchise.
ANNUAL REPORTS OF COMPANY
Sec. 166. Every person, firm or corporation operating
any business under a franchise shall file annually with the
Banager on such date as shall be fixed by the Metropolitan
Council a report for the preceding year.
Such report shall be in writing, verified by the affi-
davit of such person or persons or officer of the corporation,
as the Metropolitan Council shall direct, and shall contain a
statement, in such form and details as from time to time shall
be prescribed by the Metropolitan Council, of all the net
receipts arising from all the business done by said person,
firm or corporation under said franchise within the city and
county for the year immediately preceding such report, Such
report shall contain such f-j.rther statements as may be required
by the Metropolitan Council concerning the character and amount
of business done under said franchise*
BOOKS OF RECORD AND REFERENCE
Sec. 167. The Manager shall provide and cause to be kept
in the office of the Clerk of the city and county a franchise
record, indexed and of proper form, in v/hich shall be transcribed
accurate and corroct copies of all franchises granted by the city
and county to any person, firm or corporation owning or operating
any public utility. The index of said record shall give the nacr.3
_qo„
of the grantee and thereafer the name of any assignee Cthore^sf.
Said record shall be a complete history of all franchises
granted by the city and county and shall include a comprehen-
sive and convenient reference to actions, contests or pro-
ceedings at law, if any, affectirig the same.
PAYMENT OF NET RECEIPTS
Sec. 168. The stipulated percentage of net annual
receipts provided in this charter to be paid for the use and
enjoyment of any franchise shall be paid on the first day
of July of each and every year. Failure to pay such per-
centage shall work a forfeiture of the franchise at the op-
tion of the Metropolitan Council.
FORFEIIXJEE FOR NOK-COMPLIMCE
Sec, 169. Every ordinance grantirig any franchise shall
provide for the termination and forfeiture thereof for any
breach or failure to comply with any of the terms, limitations
or conditions thereof, and in all such cases the Metropolitan
Council shall have power to declare the termination and for-
>
feiture of any such franchise the same as though in each
instance such pov;er was expressly reserved; and v."herever the
charter shall provide that any ordinance granting a franchise
shall contain any terms or conditions whatsoever, the said
terms and conditions shall be considered as included in said
franchise, whether or not specified in the ordinance granting
said franchise.
LIMITATIONS ON WATERFRONT FRANCHISES
Sec. 170. No exclusive franchise, except for the purpose
of constructing or maintaining or operating railroads, wharves,
docks, slips, quays, dry'docks, graving docks, shipyards or
marine railways or the appurtenances necessary to each and all
-100-
of them, shall be granted by the city and county iq^'-^he Me.tjp*
poll tan Council to, in, on, over or upon any pQEtion iC''^'}^tle.,?lJ9!i
of the Bay of San Francisco or of the Estuary of San Antonio
or of the Bay of San Leandro. All franchises for railroads
to, in, on, over or upon any portion of the bed of the Bay of
San Francisco or the Estuary of San Antonio or the Bay of San
Leandro shall be subject to the right of any and all other
railroads or railroad companies to have their cars switched
and transported by the operators of railroads, under such
franchises, to designated points and for designated purposes,
onto and over all tracks operated under said franchises, upon
payment of a reasonable compensation for such switching and
transportation^
Provided, hov.'ever, that no waterfront franchise shall
be advertised for sale or granted by the Metropolitan Council
unless such proposed franchise shall have been approved by the
Board of Harbor Commissioners and said Board shall have recom-
mended to the Metropolitan Council that said franchise be
granted.
SWITCHING RIGH.TS
Sec. 171, All franchises for the construction or main-
tenance or operation of any railroad other than street railroads
sljiall contain a stipulation and condition that all other
persons, firms or corporations building or maintaining or
operating other railroads (not street railroads) in the city
and county, and all persons, firms or corporations desiring
t» avail themselves of the benefits, privileges and rights
conferred by any such franchise shall have a common right to
have their cars switched and transported by the holder or
helders of such franchise on railroad tracks constructed or
maintained or operated unc er the terms of such franchise;
-101-
Jl t 4
t >. 5 • , t • •
, t' « r/ r- •• » • , • • • - • •• •.
and such tracks shall be operated on equal and reasonable pro-
rata rates with equal facilities for uuch purposes, and Gv.ch
rights, rates and facilities shall be extended without dis-
crin.ination to all persons, firms or corporations desiring
the same.
FRAIICKISSS NOT lU USE FORFEITED
Sec. 172. All franchises within the territorial limits
of the City and County of Oakland, heretofore granted by the
County of Alameda or any municipality therein, vt/hioh are not
in actual use or enjoyment or v?hich the grantees thereof have
not in good faith commenced to exercise, shall be and become
forfeited and invalid, unless such grantees or their assigns
shall, within six months after this charter shall take effect,
in good faith commence the exercise and enjoyment of such
franchise.
OIHER CONDI TIOES MAY BE DEPOSED BY
METROPOLITAIT COUNCIL
Sec. 173. Nothing in this charter shall be construed
as prohibiting the Metropolitan Council from inserting in any
ordiriance granting any franchise such other conditions or
requirements, not inconsistent with the provisions of this
charter, as the Metropolitan Council may desire to insert
therein or the people may by the initiative indicate their
desire to have so inserted*
FRANCHISES FOR R/JLROADS OTHER THAN STREET,
SlTBURb;J)i OR INTERUEB/JJ RAILROADS
Sec. 174. Tha Metropolitan Council may grant franchises
for the construction, maintenance and operation of railroads
other than street railroads, saburoan railroads or interurban
railroads along, upon, over, in, under or across any street
-102-
or streets or other public place in the city end county, but
only in the manner end upon the .terms and conditions next
hereinafter set forth, that is to say:
The provisions of Section 150, relating to property
rights of the city and county; of Section 158, relating to
applications for franchises; of Section 159, relating to life
of franchises; of Section 160, relating to commencement and^
completion of work; of Section 161, relating to the right of
the city and county to purchase; of Section 162, relating to
conveyances; of Section 163, relating to leases and assign-
ments of franchises; of Section 164, relating to street
sprinklirig , cleaning and paving; of Section 16 7, relating
to books of record and reference; of Section 169, relating
to forifieiture for non-compliance; of Section 170, relating
to limitations on waterfront franchises; of Section 171,
relating to switchir^ rights; of Section 172, relating to
forfeiture of franchises not in use; and of Section 173,
relating to additional conditions, shall apply to and govern
all franchises granted for the construction, maincenance or
operation of any, railroad, including railroads other than
street railroads, suburban railroads and interurban railroads^
Provided, that the application of the provisions of said
Section 152 (relating to applications for franchises) to the
granting of franchises for railroads other than street rail-
roads, suburban or interurban railroads, shall be subject to
this exception, that is to say: that instead of receiving
bids for a percentage of the net annual receipts , as provided
for in Section 152, the franchise shall be awarded to the
bidder offeririg to pay to the city and county, during the life
of the franchise, the highest average annual rental, and the
advertisement shall so stt-te, and that in the raising of bids
-103-
atove the amoimt of the highest sealed bid the first increased
bid must be at least five per cent greater than the aincunt of
the highest sealed bid;
And, provided, that in the application for the granting
of any franchise for railroads other than street railroads,
suburban or interurban railroads, the provisions of said Ssc-
tion 161 (relating to rights of the city and county to purchase)
shall not be construed as requiring such franchise to permit
the city and county to take over to itSelf any* of the rolilrig
stock or other movable property of the grantee, his successors
or assigns used in the enjoyment of such franchise.
RE-SETTLEMEtuT FRANCHISE
Sec. 175. The Metropolitan Council is hereby empowered
to provide for a general re-settlement of the franchise rights
of, and to grant re-settleiuent franchise or franchises to, any
person, firm or corporation actually engaged in operating
street, suburban or interurban railroads in said city and
county, upon written application therefor, and upon such terms
and conditions as are in this charter provided, end upon such
further and other terms and conditions, not inconsistent with
the p:^ovisions hereof, as it shall prescribe.
PASSAGE PUD P£2mYAL OF RE-SETTLEJ.IEWT FRANCHISE
Sec. 176. Every such re-settlement franchise shall be
granted after such publication and upon such notice as in this
charter is prescribed for the granting of franchises generally.
After the final passage of the ordinance granting such re-
settlement franchise, the same shall be referred and si^bmitted
by ordinance to the vote of the electors of the city and cciunty
at any general or special election next ensuing within not less
than twenty days after the paasago of such ordinance; or, if no
-104-
general or special election is to be held in the city and county
within a period of not less than twenty days, and not mere than
ninety days after such final passage, the Metropolitan Coiirtcil
may call a special election for the pxirpose of submitting said
ordinance to the electors, as aforesaid. Said special election
shall be held not less than thirty days and not more than ninety
days after such final passage. Ko such re-settlement franchise
ordiriance shall go into effect until ten dkys after the final
approval thereof by a majority of the electors votirig thereon
at any general or special election at which the same shall have
been submitted for such approval, nor shall such re-settlement
ordinance become effective unless accepted in writing by the
grantee thereof prior to the expiration of said period of ten days.
PAB/IENT OF NET ANNUAL RECEIPTS FOR
RE-SETT1L3MEKT FRANCHISES
Sec. 177. Every such re-settlement franchise or fran-
chises shall confer upon the grantee thereof the right to
occupy the roads, streets, highways, avenues, lanes, alleys,
courts and other pdblic places of the city and cpunty, par-
ticularly set out and described in the ordinance granting the
same, for the purpose of conducting, operating and maintaining
thereon street, suburban or interurban railroads, subject to
the right of the city and county to acquire and possess, by
purchase, the property of said grantee as provided herein;
provided, however, that said grantee shall, on the first day of
July of each and every year, pay to the city and county such
percentage of the net annual receipts collected from any and
all sources under and by virtue of such franchise or franchises '
as shall be agreed upon and fixed in the ordinance grantirig
such franchise. Such net annual receipts shall be determined
-105-
by deducting from the gross annual receipts received froa all
sources under said re-settlement franchise e.tl operating and
maintenance costs, taxes, insurance and a reasonable depre-
ciation allowance upon the value of sucli properties as are
used or useful in the operation of said railroad.
WEvV FRANCHISES AND EXTENSIONS
Sec. 178. The Metropolitan Council may, in suoh re-
settlement franchise, provide that cny nev/ franchise granted
to the holder of such re-settlement franchise shall be con-
sidered as part of such re-settlement franqhise.
CONSOLIDATED OR ANNEXED TERRITORY
Sec. 179. The Metropolitan Council may, in such re-
settlement franchise, provide, in the case of consolidation
or annexation to the city and county of any territory not in-
cluded in said city and county at the date said re-settlement
franchise is granted, that any franchise to operate such street,
suburban or interurban railroad,' or any part thereof, held or
claimed by the holder of such re-settlement franchise, for any
portion of such consolidated or annexed territory, shall there-
upon be surrendered to the city and county, and the rights and
obligations of such re-settlemont franchise shall thereupon
automatically extend to such additional territory, and that a
valuation, for the purpose of public acouisition of the proper-
ties used and useful in the operation of said street, suburban
or interurban railroad in the area so consolidated or annesced
and not included in the capital valuation ali:eady fixed in the
ordinance granting such re -settlemer.t f rarichise , shall be added
to the capital anoiint of such re-settlement franchise at the
valuation fixed by the Railroad Com-nission of the State of
California, or its successors ir. interest, and otherwiae
-106-
determined as provided in this charter.
SURREIIDilR OF EXISTING FRANCHISES
Sec. 180. Every re-settleaent franchise shall provide
that the grantee thereof shall surrender all franchises or
rights owned or claimed by the grantee to occupy such portion
of the roads, streets, highways, avenues, lanes, alleys, courts
and places as it is proposed such street, suburban or interurban
railroad shall thereafter occupy under the provisions of such
re-settlement franchise, and that the gi-antee shall accept, in
lieu thereof, the rights and privileges granted by such re-
settlement franchise as a franchise for the continued operation
of such street, suburban or interurban railroad within the
limits of the city and county, or such portion thereof as had
theretofore been operated under the franchise or franchises
surrendered.
LIFE OF RE-SET TI,EI\/IENT FRMCHISES
Sec. 181. Every such re-set tloment franchise may be grant-
ed for an indeterminate or determinate period, subject always to
the right of the city and county to acquire and possess the
property of the grantee as herein provided.
PURCHASE J3Y CITi' AKD COUNTy UNDER
RE- SE TTLEMSK T FRAMCH I SES
Sec, 182. Every re-settlement franchise shall be granted
upon the express condition that the city and county may, at a
valuation fixed and determined as hereinafter provided, assume
ownership by purchase and take over and possess the property
used and useful of the franchise graniee, his or its succascors
and assigns, upon giving such grantee, his or its successors and
assigns sir months' written notice of its intention to purchase
and take over said property, v/hich .vritten notice shall be given
-107-
only when authorized by oi'dinanoe of the Metropolitan Council.
The valuation, for the purpose of public acquisition of such
property used and useful and owned by the grantee at the time
application is mdde for such re-settlement franchise, shall be
fixed, on application of the city and county, or of the appli-
cant for said franchise, by the Railroad Commission of the
State of California, or its successors in interest; provided,
that in fixing the valuation no allowance shall be made for the
franifliise or for good will or going-concern value. Ihe valua-
tion of such property, as fixed by the Railroad Commission of
the State of California, or its successors in interest, shall
be set forth in the*^ ordinance granting such re-settlement
franchise, in which case readjustment from time to time of said
valuation may be made, to which valuation shall be added the
cost of all additions, extensioriS and betterments, and from
which valuation shall be deducted the value of property sold
or abandoned, and depreciation to be determined and fixed, in
accordance with the provisions of the ordinance granting the
franchise, and annually charged to the capital #alue of said
property. All expenses of such Valuation by the Railroad
Commission of the State of Oalifarnia, or its successors in
interest, shall be paid by the applicant for such re-settlement
franchise,
AMENDIvlENT OP RE-SET II-EIVEWT FRANCHISE
Sec. 183. Any re-settlement fraiiohise may be amended from
time to time in the manr'er hereinabove prescribed for the grant-
ing of a re-settlement franchise, provided, that such amendment
shall not be effective unless accepted in writing by the grant-
ee of such re-settle"aent franchise.
-103-
GRANT OP OTHER FRANCHISES
Sec. 184, Nothing in this charter shall be construed as a
prohibition against the city and county granting other franchises
for transportation of passengers by means other than street,
suburban or interurban railroads, and nothing in this charter
shall be construed as prohibiting the city and coiinty from
itself constructing, operating and maintaining street, suburb-
an or interurban railroads, or from constructing, operating
and maintaining other means and methods of transporting
passengers and freight than by street, suburban or interurban
railroads.
RETTENUE AN]) TAXATION
FISCAL YEAR
Sec. 185. Uie fiscal year mentioned in this charter shall
commence on the first day of July of each year.
ESTIMAIES OF ANNUAL REQUIREMENTS IN BACH-DEPARIMENT
Sec. 186. On or before the first Monday in April of each
year the head of every department, office, court, district,
board and commission of the city and county and of each borough
shall file with the Auditor an estimate, in writing, of the
expenditures for the ensuing fiscal year, specifying in detail
the objects thereof, required in such department, office, co\irt,
district, board, commission or borough, including a statement
of all salaries.
AUDITOR'S ANHUAL ESTIMA!EE OF REVENUE AND EXPENDITURES
See. 167. On or before the last Monday in April of each
year the Auditor shall transmit to the Manager an estimate, in
-109-
■yr
vrriting, of the expenditures of the city and county and of the
several boroughs thereof for the next ensuing fiscal year, as
determined "by the reports filed as provided by the preceding
section. Said estimate shall contain an estimate of the
probable revenue of the city and county and of the several
boroughs thereof, exclusive of taxes upon property, classified
in detail according to sources, the amounts necessary to meet
the interest and principal of all bonded indebtedness, and the
following information arranged in parallel columns:
(a) Detailed estimate of the expense of conducting each
borouglji, department , office, court, district, board and com-
mission as submitted by the respective boroughs, departments,
offices, courts, districts, boards and commissions,
(b) Expenditures for corresponding items for the last
two fiscal years.
(c) Expenditiires for corresponding items for the current
fiscal year, including adjustments due to transfers between
appropriations plus an estimate of the expenditures necessary
to complete the current fiscal year.
fd) Such other information as the Manager may require.
Said estimate also shall include an estimate of the prob-
able amount required to be levied and raised by taxation*
The estimates required by clauses (a), (b) and (c), above,
shall, in accordance with standard forms and classifications
prepared by the Auditor for this purpose, be so segregated and
classified as to show, separately, the estimated expenditures
of each borough, department, office, court, district, board and
commission, including each public utility owned or operated by
the city and county or any borough thereof, according to:
(1) Organization units.
(2) Functions performed.
-110-
•
(3) Character of expenditures, i.e., whether capital
outlay or operating expense.
(4) Detailed objects of expenditures.
MANAGER'S AKNU/Ji ESTIMATE OF REVENUE
AND EXPENDITURES
Sec. 188. The Manager, on or before the third Monday in
May of each year, shall submit to the Metropolitan Council and
to the board of trustees of each borough a budget for the ensu-
ing fiscal year covering the estimated revenue and expenditures
of the city and county and of each of the boroughs thereof,
separately. Said budget shall set forth the estimated amount
required to maintain each of the following departments or
functions of goverriment:
Police, fire, cleaning and maintenance of streets, sewers
and storm drains, lighting of streets, garbage disposal, li-
braries, parks and playgrounds. It shall also set forth the
estimated expense of maintaining any borough property and the
amounts necessary to pay the interest and to meet the sinking
fund and redemption obligations on outstanding bonded indebt-.
edness in each borough or district.
4
The said budget shall also set forth an estimate of all
expenses of government classified by departments or functions
other than ot in addition to those specified 'in this section.
Said budget shall also include the e-stimates prepared by
the Auditor, as provided in the preceiln:g section, and, in ad-
dition thereto, the following information arranged in parallel
columns:
(a) An inventory of all supplies and materials on hand.
(b) The recommendation of the Manager as to the estimate
submitted to the Auditor by each borough, department, office,
court, district, board and commissicn.
-Ill-
(c) Such other information as the Metropolitaij Council
may require.
The Manager shall provide sufficient copies of. the budget
to furnish one for each councilman and each member of the board
of trustees of each borough, and to place copies in the office
of the Manager and of the Auditor arid at one public place in
each borough for the inspection of the public, and such number
of additional copies as he may deem necessary*
BOROUGHS' COiJSIDERATlOK OF BUDGET
Sec. 189. The board of trustees of each borough, upon
the receipt of the budget, shall proceed v;i th the consideration
of said budget at public hearings, notice of which shall be
given in the marxner prescribed by the board.
The board of trustees of each borough shall return such
budget to the Metropolitan Council on or before the first
Monday in June of each year ,. together with such recommendations,
expressed by resolution, as to changes and alterations in said
budget as it may deem advisable. It may also recommend the
addition to said budget of any sujns of money it may desire to
have expended for any purpose, said sums to be provided by a
special tax on the taxable property within said borough and to
be expended solely for the purpose designated by said borough
board of trustees.
AlINUAL APPROPRIAnOW ORDINANCE
Sec. 190. The Metropolitan Council, upon receipt of the
budget from the Manager, shall proceed to the consideration
thereof at public hearings, notice of which shall be given in
the manner prescribed by the Metropolitan Council.
The Metropolitan Council, on the last Monday in June of
each year shall finally pass the annual appropriation ordinance,
-lis-
which ordinance shall provide for the entire cost of the city
and county government and of the governments of the several
boroughs.
■The Metropolitan Gduncil may adopt or reject any of the
recommendations of the board of trustees of any borough, pro-
vided, however, that it must adopt and embody in said appro-
priation ordinance, without change or modification, any recom-
mendation for the expenditure of any additional sums voted by
such board of. trustees, to be expended for a defined purpose
and to be provided by a special tax on the taxable property
in said borough.
APPaOPRIAHONS FOR HIGHW.'\YS
Sec. 191. The Metropolitan Council must , in said appro-
priation ordinance, provide v^ithin each road district such sum
as may be authorized by the laws of the State of California
to be expended for rbad purposes within the district in v/hich
it is collected.
The Metropolitan Council shall appropriate annually from
the general fund of the city and county an amount sufficient,
in conjunction with the road district funds and any moneys which
may accrue from the apportioriment of the State Motor Vehicle
Fund or from any other source to provide for the lighting,
sprinkling, maintenance, repair, construction and re-construc-
tion of roads, bridges and culverts within the city and county,
not included within the boundaries of any borough therein.
APPROPRIATION FOR SPECIAL DISTRICTS
Sec. 19E. Said annual appropriation ordinance shall in-
clude provisions for the mrantenance and support of any legal
subdivision or district of the city and county existing luider
the laws of the State of California, the tax for v/hich shall
-113-
be levied against all the taxable property within the limits
of such legal subdivision or district.
METHOD FOR LEVY OP TAX
Sec. 193. The Metropolitan Council, on the first
Tuesday after the first Monday in September of each year,
must fix the rate of taxes, designating the number of cents
levied on each one hundred dollars of taxable property, and
levy taxes upon the taxable property v^ithin said city and
county sufficient, in conjunction with other sources of
income, to raise the amounts required by the arxnual appro-
priation ordinance of the city and county. Said levy shall
be made as follows:
(a) There shall be levied a tax upon the taxable property
within each of the boroughs sufficient to provide for the main-
tenance of borough property, the amounts necessary to pay the
interest and to meet the sinking fund and redemption obliga-
tions on any out standing bonded indebtedness of any borough,
and to provide such additional svims of money as may have been
voted by the board of trustees of any borough to be expended
for a defined purpose.
(b) There shall be levied a tax upon the taxable prop-
erty within the territory included within the several bor-
oughs sufficient to maintain the following departments or
functions of goverriment:
Police, fire, cleaning and maintenance of streets,
sewers and storm drains, lighting of streets, garbage dis-
posal, libraries, parks and playgrounds.
fc) -There shall be levied upon the taxable property
within each road district such road taxes as are now or here-
after may be provided by the laws of the State of California.
(d) There shall be levied upon the taxable property
within the limits of any legal subdivision or district of the
-114-
city and county existing ^nder the laws of the State of Calif-
ornia, a tax sufficient for the maintenance and support of
such legal subdivision or district.
(e) There shall be levied upon the taxable property of
the city and county and of the several school districts there-
in, as the case may be, such school taxes as now are or here-
after may be provided by the laws of the State of California.
ff) lliere shall be levied upon the taxable property
within the entire city and county a tax sufficient, in con-
junction with other sources of revenue, to provide for all
expenses of government not included in the foregoing subdivi-
siorisof this section.
URG3MT NECESSITIES :
Sec. 194. The Metropolitan Council may appropriate a
sum not to exceed fifty thousand dollars a year for urgent
necessities not otherwise provided by law. No money shall
be paid out of this appropriation unless authorized oy a
five-sevenths vote of the Metropolitan Council,
CASH BASIS PUiro
Sec. 195, The Metropolitan Council shall create and
maintain a permanent revolving fund to be knovim as the cash
basis fund for the purpose of putting the payment of the oper-
ating expenses of the city and covmty on a cash basis. For
this purpose the Metropolitan Council shall provide thr.t, from
the money collected from the annual tax levy and from money
received from other sources, a sum equal to not less than two
and one -half cents on each one hundred dollars of assessed
valuation of all property within the city and county shall be
placed in such fund vrAll the accumulated amount in such fund
shall be siafficient to meet all legal demands against the
-115-
treasury for the first four cnonths, or other necessary period,
of the succeeding fiscal year.
Itoe Metropolitan Council shall have power to transfer
from the cash basis fund to any other fund or funds such sum
or sums as may be required for the purpose of plac irig such
fund or funds, as nearly as possible, on a cash basis. It
shall be the duty of the Metropolitan Council to provide that
all money so transferred from the cash basis fund be returned
thereto before the end of the current fiscal year.
EXPENDITURES LIMITED TO APPROPRIATIONS
Sec. 196. No expenditures shall be made unless a spe-
cific appropriation shall have been made therefor in the
armual appropriation ordinance, except as may be otherwise
provided in this charter.
UIJEXPENDED BALANCE
Sec. 197. At the close of each fiscal year the unex-
pended balance of each appropriation against which no sal-
aries or contracts for wort or supplies are outstanding shall
revert to the general fund, borough fund, school fund, li-
brary fund, or district fund, as the case may be, except as
otherwise provided in this charter. Any money in the general
fund otherwise unappropriated may be appropriated by the Metro-
politan Council at any time by ordinance; the board of trus-
tees of any borough and the Board of Education shall have the
same power with regard to moneys in the respective borough,
school, or school district funds.
DISBURSEIAENTS
Sec. 198. The Metropolitan Co\incil shall authorize the
disbursement of all public moneys, except as otherwise specifi-
cally provided in this charter.
-116-
^
WARRANTS
Sec. 199. Wo warrant shall be drawn except upon an
unexhausted specific appropriation.
SEP AHA HE PIHDS
Sec. 200. All revenues, fees and commissions paid into
the treasury shall be at once apportioned to and kept in
separate funds. It shall not be lawful, except as otherwise
providod in this charter, to transfer any moneys from one fund
to another, or to use the same in payment of demands upon
another fund.
1516 general fund shall consist of all moneys received
into the treasury and not specifically apportioned to any
other fund.
REGIS!ERAnOII OP WAHRAK TS
Sec. 201. When any warrant is presented to the Treasurer
far payment and the same is not paid for want of funds, the
Iteasurer must endorse thereon "Not paid for v/ant of funds",
vdth the date of presentation. He shall number said warrants
serially and sign his name thereto, and thereafter they shall
bear such rate of interest as may be fixed by the Metropoli-
tan Council, not to exceed five percent per annum, and shall
be paid in sequence in the order of their numb.^xi-ng. '»yhen
there are sufficient moneys in the treasury to pay the war-
rants so registered, the Treasurer shall post at the Court
House door a notice stating that he is ready to pay such
warrants and, from the date of the posting of such notice,
such .warrants shall cease to draw interest.
PAYM3UT GIT BEGISTEREI) WARRxU^TS
Sec. 202. Any warrant oa the treasury or on any fund
thereof which may remain unpaid at the end of the fiscal year
-117-
for laok pf money applicable to Its payment may be paid out of
any money which subsequently may come into the proper fund
* f rom delinquent taxes, or other uncollected iricome or revenue
for such year. Such warrants shall be paid out of such 'f
delinquent revenue, when collected, in the order of their
registration.
BOroED INDEBTEDNESS
Sec. 203. \Vhenever in the opinion of the Metropolitan
Council it is necessary, for the purpose of carrying out ^ny
of the powers vested in said city and county, includirig the
acquisition, construction or completion of any public utility
or utilities, to incur a bonded indebtedness, it shall, by
ordirx&nce, submit to the electors of said city and county, at
an election held for that purpose, a proposition or proposi-
tions for the creation of such bonded iadebtedness, which
proposition or propositions shall specify the amount or
amounts and the purpose or purposes for which they are created,
the term of said bonds and the rate of interest thereon. No
such bonded indebtedness shall be cheated unless two-thirds
of the electors voting at such election shall authorize the
same.
CONTRACTS FOR OFS'ICIAL .'ODTTERTISING
Sec. 204. Ihe Manager shall advertise annually for five
consecutive days for sealed proposals for official advertising
for the ensuing fiscal year. Such advertising shall call for
r
separate bids for publishing:
fl) The delinquent tax list.
(2) All other official advertising of the city and county.
He shall advertise at the same time for separate proposals
for the official advertising of each borough. Such advertise-
-118-
;i2 ai
'0 r Jo
'■ lioui
';-:?
~8xX-
ment shall call for bids per square of 150 ems nonpareil (six-
point type), and shall specify the type and spacing to be used.
Proposals for city and county advertising shall be re-
ceived only from responsible persons, firms and corporations
publishing, within the city and county, newspapers of general
circulation, each of which must have a bona fide general cir-
culation in this city and county of at least twentypfive
hundred copies, and must have been published regularly for one
year prior to the date of the first insertion of the Manager's
advertisement.
Proposals for borough advertising may be received from
newspapers of general circulation published in the several
boroughs, or, if there be no newspaper of general circulation
published in any boro\igh, then from newspapers of general
circulation published in adjacent boroughs.
The proposals for city and county advertising shall be
opened in the presence of the Metropolitan Council, which shall
award separate contracts for publishing the delinquent tax
list and for publishing other city and county advertising to
the respective lowest responsible bidders publishing newspapers
within the city and county; provided, however, that the
Metropolitan Council may reject any or all bids and order the
Manager to advertise for nev7 bids.
The proposals for borotigh advertising shall be opened
in the presence of the. several borough boards of trustees, and
each borough board of trustees thereupon vshall award to the
lowest responsible bidder the contract for publishing the
advertising of the borough; provided, that any borough board
of trustees may reject any or all bids and order the Manager
to advertise for new bids.
No award of advertising shall be made by the Metropolitan
-119-
sec
•^rtcr-'-
prl fiv-
'iT
■•i JBlv
. i 'X3 09t.
-»TiXOC'
CouTxGil or by the board of trustees of any borough at a rate in
excess of the ordinary and regular advertising rates charged
to individuals, firms or corporations for similar character of
advertising.
The newspaper to which the contract is awarded for pub-
lishing the official advertising of the. city and county, other
than the delinquent tax list', shall be known as "Ihe Official
Newspaper of the City and County", and the several newspapers
awarded the contracts for borough advertising shall be known
as the^ official nev'-spapers of the respective boroughs.
atPLOYEES» PENSION MD INSURANCS FUND
Sec. S05. She Iletropolitan Council shall provide for
the continuance of all pension and relief funds in existence
at the time this charter shall take effect. The Metropolitan
Coujticil may provide by ordinance, adopted by a five-sevenths
vote, for the establishment and maintenance of an employees*
pension and insurance fund or funds.
FEES
Sec. 206. All officers of the city and county and of the
several boroughs to v;hom fees are paid for the performance of
official duties, and all officers or employees collecting or
receiving any moneys pertainirig to or for the use of the city
and county, or a borough thereof, shall m.ake regular settlements
and accounts of their collections monthly, or otherwise as may
be required by law.
Such money shall be transmitted or paid to the Treasurer
daily, and the Treasurer and the Auditor shall credit such
officer or employee with the amount so paid without apportion-
ing the same to any specific fund. Such officer or employee
shall, upon his regular settlement, be credited with all amounts
-1£0-
so paid to the Treasurer and not included in his previous settle-
ments, as so much cash.
Sal.^ies in full compensation
Sec. 207. The salaries provided for all officers and
employees of the city and county and the several boroughs shall
be in full compensation for all services required-.bf them by
this charter or by virtue of their office.
m PERSONAL IN 'TERES T IN CONTRACTS
Sec. 208. No elective or appointive officer or employee
of the city and county, or of the several boroughs thereof,
shall hold any other public office of prof it, except the office
of notary public or an office in the National Guard of the
State of California, or be interested, directly or indirectly,
in any contract or transaction with the city and county, or
a borough thereof, or become surety on any bond given to the
city and county, or any borough thereof. No officer or em^
ployee shall receive any ^commission, money, or thing of value,
or derive any profit, benefit or advantage, directly or in-
directly, from or by reason of any dealings with or service for
the city and county, or any borough thereof, by himself or
others, except his lawful compensation as such officer or
employee.
It shall be the duty of every officer and employee who
shall have knowledge of any violation of the provisions of this
section to report immediately such violation to the Metropoli-
tan Council, and every officer and employee who shall violate
any of the provisions of this section shall forthwith forfeit
hi3 cff.lcs c" Gmployaienl;. Any vxclation of the provibiouH o.f
this s,,pction shall render the contract or transaction involved
voidable at the option of the Metropolitan Council,
-121-
OFFICE HOURS
Sec. 209. All offices of the city and ooiinty shall be
kept open for the transaction of business from 9 o'clock a.m.
until 5 o'clock p.m. every day in the year, except Sundays and
holidays.
OA!rH OF OFFICE
Sec. 210. Every elective and appointive officer of the
city and county and of the several boroughs, before entering
upon the duties of his office, shall take the oath of office
provided for by the Constitution of the State of California
and file the same with the Clerk. Every such officer must also,
within ten days after his election or appointment, and before
entering upon the duties of his office, execute the bond, if
any, required by the provisions of this charter, by the Metro-
politan Council, or by any borough board of trustees.
«
OFFICIAL BONDS
Sec. 211. The following officers respectively shall exe-
cute official bonds to the city and county in the following
amounts:
Manager |E5,000.00
Auditor 25,000.00
Treasurer. 100,000,00
Tax Collector 50,000.00
Assessor 20,000.00
Clerk 20,000.00
Recorder 10,000.00
Sheriff 20,000.00
District Attorney ,. ... 5,000.00
City Attorney 5,000.00
Public Administrator 25,000.00
-122-
.QOS, .0^
uuixi.
•pr
\-,fr'
id biiv ,Jiv
Judges of Municipal Court,... ^ 2,000.00 each
Coroner ♦ 6,000*00
Pish and Game Warden. .♦».... . 1,000.00
Horticultural Commissioner... 1, 000.00
The Metropolitan Council may require a bond to "be filed
by any other officer or employee and may fix the penal sum
thereof. The board of trustees of each borough may require a
bond to be filed by any officer or employee of such borough
ajid may fix the penal buds thereof. All bonds, except that of
the Auditor, which shall be filed in the office of the Clerk,
shall be filed with the Auditor. Every official bond shall
be secured by a surety company authorized to act as sole
surety under the laws of the State of California. No official
bond shall be received or filed until it has been approved ^s
.to form by the City Attorney, and as to sufficiency by the
Auditor, except the official bond of the Auditor, which shall
be approved as to sufficiency by the Metropolitan Council.
The official bonds of all officers and employees of
boroughs shall be approved as to# sufficiency by the board of
trustees of such borough. The Metropolitan Council, by
ordinance, may increase the smount of bonds required from
any officer or employee. If such officer or employee does
not file a sufficient bond for the increased amount within
fifteen days after notification of such increase, his office
thereupon shall become vacant.
The premium on all official bonds shall be paid* by the
city and county, or borough, as the case may be.
APPRAIS.1L OF SEAL PROPERTY
Sec. 212. In preparation for the assessment of taxes for
the fiscal year 19S5-19E6, and vt intervals of five years
-123-
&i10C"
f 5?«£i
di^lO 'i.i.ii ;lrD
thereafter, the Metropolitan Council shall provide for a scien-
tiflo appraisal by a recognised expert of all the real proper-
ty in the city and county, but, if such appraisal shall have
been provided for by the Board of Supervisors of Alameda County-
I
before this charter shall take effect, a new appraisal shall be
required only at intervals of five years beginning with such
previous appraisal. This appraisal shall be made as of the
first Monday in March of the fiscal year preceding that for
which the appraisal is hereby required, and shall be used by
the Assessor as the basis for assessments. Hie Assessor shall
revise his valuation on property in each intervening yoar.
CONSTRUCTION OF CHARTER
Sec. 213. This charter shall be liberally construed.
The invalidity of any clause or part of this charter shall not
be deemed to affect the validity of any other part thereof,
nor shall any cl^-use , provision or part of this charter be
deemed invalid because it cannot constitutionally be effective
to the full extent v/arranted by its language.
applicj^bility of general laws
Sec. 214, ^.'henever in this charter reference is made to
any law of the State of California, said law shall be construed
to include all acts amendatory thereof or supplementary thereto,
DEFINITIONS
Sec. 215. The following words have in this charter the
respective significations attached to them in this section,
unless otherwise apparent from the context a
The words "City", "County" and "City and Co-ojity" mean
the City and County of Oakland.
Tlie terms "Borough Board" and "Borough Board of Trustees"
mean the Board of Trustees of a Borough.
-124-
The word "Council" means the Metropolitan Council.
The word "Councilman" signifies a member of the Metro-
politan Council.
The word "franchise" includes franchise, permit or privil-
ege.
The term "heads of departments" includes the Sheriff,
Clerk, Treasurer, Tax Collector, Recorder, Coroner, Public
Administrator, Sealer of Weights and Measures, Fish and Game
vVarden, Live Stock Inspector, Horticultural Commissioner, City
Attorney, Public Defender, Purchasing Agent, Director of Public
Works, Chief of Police, Pire Chief, Superintendent of Streets, •
Building Inspector, Chief Electrician, Chief Examiner of the
Civil Service Commission, and the head of each division of the
Department of Public Service.
The term "public service" means the conduct and manage-
ment of any public utility owned and operated by the city and
county, or any borough.
CERTAIN ELECTITTE OFFICERS CONTINUED IN FORCE
Sec. 216. The District Attorney, Sheriff, County Clerk,
Assessor, Auditor, Treasixrer, Recorder, Tax Collector and ex-
officio License Collector, Public Administrator, and Coroner
of the County of Alameda, in office on the thirtieth day of
Jtine, 1923, shall continue in office as officers of the City
and County of Oakland and shall continue to perform, without
interruption, the duties, and to receive the compensation of
their respective offices until the expiration of the terms for
which they were elected. The salaries of all such officers who
continue to serve both the City and County of Oakland and the
Covinty of Alameda shall be pro -rated in the manner prescribed
by the Constitution.
-125-
;.U J.
lb rio
Upon the expiration of said terms, said offices shall be
filled in the manner provided in this charter. The terms of
all elective officers of the several miinicipalities, townships
and districts within the territorial limits of the City and
County of Oakland " shall terminate at 12 o'clock midnight on
the thirtieth day of Jirne , 1923.
PRESENT EMPLOYEES CONTIKUED IK FORCE
Sec. 217. Except as otherwise provided in this charter,
all peroone. other thaxi oleotivo officers, holding office on the
thirtieth day of Jime , 1923, shall continue in office and in
the performance of their duties until provision shall have
been made otherwise in accordance with this charter for the
performance or discontinuance of the duties of any such office.
^vVhen such provision shall have been made the terra and employ-
ment of any such person shall expire and the office be deemed
abolished.
CONTINUANCE OF CONTRACTS
Sec. 218. All contracts entered into by the County of
Alameda and the several municipalities, townships and districts
within the territorial limits of the City end County of Oakland
prior to the first day of July, 1923, shall continue in full
force and effect. All public work begun prior to said day
shall be continued and perfected hereunder. Public improve-
ments for which legislative steps shall have been taken under
laws in force at the time this charter shall take effect may
be carried to completion in accordance with the provisions of
such laws.
ORDINANCES CONTniUED IN FORCE
Sec. 219. All ordinances, resolutions and regulations of
the County of ^lameda and of the several municipalities and
-126-
districts within the territorial limits of the City and County
of Oakland, in force at the time this charter shall take effect
and not inconsistent with its provisions, shall continue in
force until amended or rejSealed.
SUCCESSION
Sec. 220. All property, real and i^ersonal, of the Munici-
palities of Emeryville, Oakland and Piedmont and of all dis-
shall
tricts therein, except school districts, /become the property of
the city and county, '
All moneys on hand or due or to "become due to the Munici-
palities of Emeryville, Oakland and Piedmont shall become the
property of the Boroughs of iSmeryville, Oakland and Piedmont,
respectively.
All franchises, rights, liabilities, obligations, suits,
actions, prosecutions, claims and contracts of the several
municipalities and districts within the territorial limits of
the City and County of Oakland shall remain and continue in full
force and effect as if the form of government had not been
changed and this charter adopted. For the purpose of carrying
out and enforcing such franchises, rights, liabilities, obliga-
tions, suits, actions, prosecutions, claims and contracts, the
Metropolitan Council, officers, boards and authorities of the
city and county shall succeed to all powers and duties relating
thereto of the several officers, councils, boards and author-
ities of said mTinici pal i ties and districts, respectively.
All liabilities of the several municipalities and dis-
tricts within the territorial limits of the City and County of
Oakland, existing at the time this charter shall take effect,
siali be. paid out of the moneys tranaf erred to the i'unds of the
several boroughs, as herein provided. If said funds are insuf-
ficient for such purposes, the Metropolitan Council shall levy r-i
special tax upon the property within the boundaries of thp i-oun -
pality or distri(£t affected sufficient to pay such inael:.t-;.':r'....s . .
— .U ij f —
TAKING EST' EC T OP IHIS CHARIER !
Sec. 2E1. For the purpose of mominating and electing the j
co"uncilmen, trustees of the several boroughs, and the judges of i
the Mimicipal Court, and for the purpose of superseding all exist- .
ing provisions authorizing the election of officers of the sever- :
al districts and mvinicipal corporations within the city and coimt;', |
I
this charter shall take effect immediately upon its approval by [
I
the Legislature. The Board of Supervisors of the County of Ala-
meda, in office at the time of such approval, shall provide for :
the holding of the first election of councilmen, trustees of each
borough, and judges of the Municipal Court under this charter,
I
and shall canvass the votes and declare the result. Such elec-
i
ll-jji shall bd hdli at tha ear lie si: prao tic able date- I
Per all other purposes this charter shall take effect on " ]
the first day of July, 1923. j
APPOINMENT OP FIRST MANAGER j
Sec. £HE. The Metropolitan Council, immediately upon its *
organization, shall proceed to the selection of a Manager of ]
the city and county.
Appointments may be made by the Mayor or by the Manager,
pursuant to the provisions of this charter, prior to and to
jiake effect on the first day of July, 19E3, except as otherwise |
I
provided in this charter. |
i
BUDGET FOR FIRST FISCAL YEAR
Sec. 823. The estimate of revenue and expenditures re- I
quired by this charter shall be dispensed with for the fiscal i
year beginning July 1, 19S3, and the Metropolitan Council, 'by ;
resolution, shall prescribe the procedure to .be employed in !
the preparation of the annual appropriation ordinanco for that
>
year. \
-188-
CERTIPICA'IE
WHSfiSAS, the County of Alameda, a county organized under
the general laws ol the State of California, and having a popu-
lation of over two hundred thousand inhabitants, as ascertained
by the census of 1920, taken under authority of the Congress
of the United States, and havirig within its territorial bound-
aries ten incorporated cities and towns, did, on the third day
of February, 1921, under and in accordance with the provisions
of Section 7^a of Article XI of the Constitution of the State
of California, elect Archior W. Beam, Annie Florence Brown ^
William Cavalier, Leon A. Clark, Samuel J. Donohue, W. Herbert
Graham, Lewis A, Hicks, Harriet M. Kearney, Greene Majors,
Joseph 0. McZown, Orrin Z. McMurray, Blanche Morse, Benjamin
H. Pendleton, Charles H. Spear and Orlando E. Swain, a Board
of Freeholders, to prepare and propose a charter for a con-
solidated city and county; and
WHER2AS, on February 10, 19?.l , the Board of Supervisors
of said County of Alameda declared the result of said election;
and
WHEREAS, in pursuance of said provisions of the Constitu-
tion, and within a period of one hundred and eighty days after
the result of said election was declared by said Board of Super-
visors, said Board of Freeholders did prepare, propose and file
a charter for a consolidated city and county government of said
County of Alameda; and
WHEREAS, pursuant to said provisions of the Constitution
of the State of California, said Board of Freeholders did propose,
in the aJ.ternative , that a lesser area than that of the whole
County of Alameda might be formed into a consolidated city and
county government to be governed by the cLartei' framed by oaid
-1-
Board of Freeholders; said lesser area to consist of the City of
Oakland, which city was named and designated as necessary and essen-
tial to effect city and county consolidation, also those incor-
porated cities and towns which, as provided in said Constitu-
tion, by a majority vote of the qualified electors voting there-
on, separately, should vote in favor of the consolidation of
the whole of said County of Alameda, together with the other
incorporated cities and tov.ins provided hy said CoriS titution
to be included into a consolidation of such lesser area, to-
gether with any unincorporated territory within the county
proposed to be added, as provided for in said Constitution; said
lesser area also to have the combined pov/ers of a city and county,
as provided in said Constitution for a consolidated city and
CO un ty go vernmen t ; and
WHSR-EAS, the said Board of Supervisors did call a separ-
ate election in each of the incorporated cities and towns within
the County of Alameda for submitting said proposal for consoli-
dation to the electors thereof; and
WHEREAS, the said Board of Supervisors did canvass the
votes cast at said election so called, and did, on the twenty-
eighth day of November, 1921, certify to this Board of Free-
holders that said proposal for consolidation did not receive a
majority of the votes cast in any of the cities and towns within
said County of Alameda, exclusive of the City of Oakland, and
that in the City of Oakland said proposal did receive the favor-
able vote of a majority of the electors voting thereon; and
WHEREAS, said Board of Supervisors did fix Monday, Decem-
ber 5th, 1921, as the day for the re-convening and meeting of
said Board of Freeholders; and
V/HEHEAS, on the tv/elfth day of December, 1921, said Board
of Supervisors did give and grant unto said Board of Freeholders
an additional ten days' time from and after December 15th, 19hl,
-2-
i
Within which to complete its labors pursuant to said provisions j
of the Constitution of the State of California; '
BE IT KNOWN that said Board of Freeholders did re-convene
and meet upon said fifth day of December, 1921, and, pursuant '^
to the provisions of Section 7|-a, Article XI, of the Constitu- ]
j
tion of the State of California, has amended the proposed charter, j
, as originally prepared, published and filed in the office of the j
County Clerk of the County of Alameda, by rearranging and de- !
fining the boundaries of the proposed new city and county, ' ■
changing the number of boroughs, by reduction thereof, rearrang- j
ing Gouncilmanlc districts, providing lesser salaries to be paid |
to certain officers of the proposed city and county, and cor- \
i
recting mistakes, clerical and typographical errors; and said 1
i
Board of Freeholders does propose the foregoing as and for a \
charter for the City and County of Oakland. •;
IN WIIWESS WHEREOF, we have hereunto set our hands in |
j
triplicate this twenty-second day of December, One Thousand i
Nine Hundred and TWenty-one. '.
Leon A. Clark ]
President
■1
Greene Majors
Secretary
Orlando E. Swain
Arthur W, Beam
Charles H. Spear
Orrin K. McMurray
W. Herbert Graham
Samuel J. Do no hue
Joseph 0. McKown
Harriet M. Kearney
Annie Florence Brown
William Cavalier
Blanche Morse
Benjamin H, Pendleton
A TTE S T: R. H. Chamberla-> n, Jr.
Assistant Secretary
YF 0004^3
THE UNIVERSITY OF CAUFORNIA UBRARY
Live Music Archive
Librivox Free Audio
Metropolitan Museum
Cleveland Museum of Art
Internet Arcade
Console Living Room
Books to Borrow
Open Library
TV News
Understanding 9/11