EXHIBIT 5
PROPOSED AMENDMENTS
of and
ADDITIONS TO THE CHARTER
of the
CITY OF ALAMEDA
the proposals for the adoption of which will be
submitted to the voters of said city
at the
GENERAL MUNICIPAL ELECTION
to be held in said City on
March 9, 1943
RESOLUTION NO. 2829
SUBMITTING TO THE QUALIFIED ELECTORS OF THE
CITY OF ALAMEDA PROPOSALS AMEND THE
CHARTER OF THE CITY OF ALAMEDA, TO BE VOTED
UPON AT THE GENERAL MUNICIPAL ELECTION TO
BE HELD IN SAID CITY ON TUESDAY, MARCH 9,
1943.
WHDREAS, pursuant to the provisions of Article XIX
of the charter of the City of Alameda and of Resolution No. 2828, heretofore adopted by this Council, a General Municipal Election is called and ordered to be held in the eity of Alameda, County of Alameda, State of California, on Tuesday, March 9, 1943; and
WHEREAS, in the opinion of the Council of said city
public interest demands that the charter of said city
amended as hereinafter specified and said Council, on its own motion, intends to submit to the qualified electors of said city, as authorized by Section 8, Article XI, of the Constitution of the State of California, seven separate proposals for amending the charter of said city;
THEREFORE, BE IT RESOLVED THE
COUNCIL OF THE CITY OF ALAMEDA as follows:
That the Council of the City of Alameda, on its own
does hereby submit to electors of said city, to
be voted upon at the General Municipal Election to be held therein on March 9, 1943, seven separate proposals for
amending the charter of said City of Alameda, which pro- posals shall be in words and figures as follows, to wit:
PROPOSAL NO. 1
That Sec. 3-10, of Article III, of the charter of
the City of Alameda be amended to read as follows:
"Sec. 3-10. All acts of the Council imposing
penalties, prescribing public regulations, granting
franchises, or providing for the acquisition, transfer, or lease for a period longer than one year, of real No grant of any franchise, however, shall ever that the Council may by ordinancer provide that the property, shall be by ordinance; provided, however, construed as an urgency or emergency measure." Health Officer of the City shall be entitled to re- that the acquisition of real property, or any interest ceive and retain the fees provided by law to be therein, may be authorized by resolution when the PROPOSAL NO. 3 paid by the State or County to Local Registrars of purchase price to be paid, together with any obli- Vital Statistics for the registration of birth and gation imposed on the City in connection with any That Sec. 17-7, of Article XVII, of the charter of death certificates." such does not exceed the City of Alameda be amended to read as follows:
acquisition, sum
$1,000.00, or when such acquisition is to be accom- "Sec. 17-7. Unless otherwise rovided by ordi PROPOSAL NO. 5 plished by condemnation in eminent domain pro- ance, the levy and collection of City taxes shall b reedings, or in connection with public improvements ursuant to general law for the levy and collectior That Sec. 19-3, of Article XIX, of the charter of roceedings taken under some law. of State and County taxes, and to that end all the City of Alameda be amended to read as follows:
No real property of the City shall be leased for duties required by general law to be performed by "Sec. 19-3. The provisions of the Elections Code a period in excess of one year or sold, except upon by the City of the State of California re- the affirmative vote of four members of the Council. officers performing similar duties. lating to the qualifications of electors and Every tax levied pursuant to law shall be a per- shall govern in all municipal elections.
The provisions of this section shall not apply to otherwise provided in this charter or in any ordi- of real property when, sonal obligation of the person to whom the property the acquisition or transter or the tax is assessed. Every tax shall be and con- nance enacted by the affirmative vote of four mem- pursuant to procedure established by ordinance or
by any code or general law of the State of Calif- stitute a lien on the property assessed and, as to bers of the Council, the provisions and procedure ornia, such property has been acquired, or is trans- taxes on personal property, on the real property in provided in the Elections this city of the person to whom the tax is assessed law of the State of California, now in effect and as ferred or acquired, in satisfaction, foreclosure or
and, as to taxes on improvements, on the taxable hereafter amended or codified, for election in char- enforcement of a lien for taxes or special assess-
ments of any character." land on which such improvements are located and, tered cities and municipalities generally, and in all as to taxes on assessments of possessory interests, on respects not so provided, then the other taxable real property of the owner in this future provisions of said code or laws governing PROPOSAL NO. 2 city. The time when taxes for any fiscal year be- County elections generally, insofar as they may be come a lien on property is at noon on the first applicable, all elections in this City.
That Sec. 3-12, of Article III, of the charter of
the City of Alameda be amended to read as follows: Monday in March preceding the beginning of the The Council and the City Clerk, respectively, shal fiscal year for which the taxes are to be collected. xercise the powers and perform the duties con- "Sec. 3-12. No ordinance shall become effective ferred or imposed by law on Boards of Supervisors until thirty days from and after the date of its final Except as otherwise provided in this section, passage, except an ordinance calling or otherwise personal obligation is satisfied and the tax lien and County Clerks, respectively, concerning relating to an election, or an ordinance determining removed when, but not before, the amount of money necessary to be raised by (a) the tax is paid or legally cancelled, or For the purpose of this article, all seats or pos- taxation, or fixing the rate of taxes to be levied, or for non-payment of any taxes, the property itions on the Council shall be considered as a single an ordinance relating to a street improvement pro- is sold to a private purchaser or deeded to office for which as many persons are to be selected ceeding taken under some law, or an ordinance re- as there are full and unexpired terms to be filled. lating to public improvements or work the cost of After thirty years succeeding the time, heretofore No election, either general or special, shall be set which, or any portion of which, is to be borne by or hereafter, when any tax becomes a lien, if the lier aside for any error, irregularity or defect in the pro- special. property benefitted has not been otherwise removed, the lien ceases to ceedings leading up to said election or in said élec- assessments against
thereby, or an ordinance for the immediate preser- tion when the provisions of law governing the same paid and the tax is conclusively presumed to be complied with and where a vation of the public peace, health or safety, which
ontains a declaration of the facts constituting its expression of the will of the electorate is secured." irgency, and is passed by a four-fifths vote of the PROPOSAL NO. 4 Council, or an ordinance enacted in the event of PROPOSAL NO. 6 great emergency or necessity passed by four votes That Sec. 17-9, of Article XVII, of the charter of of the Council and containing a statement of the the City of Alameda be amended to read as follows: That there be added to Article XIX of the Ordinances for the im- "Sec. 17-9. All charges, fees, commissions and charter of the City of Alameda a new section to be emergency or necessity. known as Sec. 19-15 and which
nediate preservation of the public peace, health or percentages collected or received by any officer or shall read of the City in the performance of any follows:
safety and ordinances enacted in the event of great
emergency or necessity, when passed as aforesaid official duty as such officer or employee, or in the "Sec. 19-15. No person shall be entitled to vote nay be introduced and passed at one and the same performance of the duties of any office held at any City election unless he shall be registered as meeting and at either a regular or special meeting. officio, shall be the property of the City; provided, a voter in the office of the County Clerk of Ala- meda County and unless he would have been en- may determine that one inspector, one judge and titled to vote in a precinct in this city at a State or one clerk is sufficient." County election held on the same day as such City BE IT FURTHER RESOLVED that the City Clerk be, election. she is hereby, cause such proposals
amending such charter to be published once in the
The registers used at all City elections or in Times-Star, a daily newspaper of general circulation, pub- and the official
connection with the certification of any petition paper of said city; that said City provided by law shall be the books of current affi- convenient pamphlet form, and of not less than ten
davits of registration kept in the office of the cause copies thereof to be mailed to each of the qualified County C'erk of Alameda County for voters within of said city, and said election, advertise in the
this city. notice that such copies may be had at the office City Clerk, in the City Hall, upon application therefor, all manner required by the Constitution
PROPOSAL NO. 7 of California.
That there be added to Article XIX of the
charter of the City of Alameda a new section to be I, the undersigned, hereby certify the foregoing Resolution was duly and regularly introduced and adopted known as Sec. 19-16 and which shall read as by the Council of the City follows: lar meeting assembled on the 25th day of January, 1943, by the following vote, to wit:
days betie "Sec. 19-16. At any time not later than twenty AYES: Councilmen Branscheid, Howe, Jones, Maurer and days before any election, and without reference to President Godfrey. (5). any procedure provided therefor in the Elections NOES: None.
Code, the Council may divide the City into election ABSENT: None. precincts and may change the boundaries of, create IN WIINESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 25th day of new, or consolidate established precincts. In the January, ordinance or resolution establishing, changing or (SEAL) LOREME R. BEATIE,
consolidating precincts the boundaries thereof may City Clerk of the City of Alameda. be defined by reference to exterior descriptions or
delineations on precinct maps or both, or by refer-
ence to orders or resolutions of the Board of Super- Printed by order of the City Council. visors of the County of Alameda last theretofore LOREME R. BEATIE, City Clerk of the City of Alameda.
establishing precincts within the City for holding
general State and County elections. Unless precincts
be established as herein provided, they shall remain
as last theretofore established within the City by •47
said Board of Supervisors for holding general State
and County elections.
In case a City election is consolidated with a
State or County election the precincts and polling
places for such municipal election shall be as estab-
lished within the City by the Board of Supervisors
of the County of Alameda for the holding of such
State or County election. It shall not be necessary
to set forth in any ordinance or resolution calling or
relating to such consolidated municipal election the
election officers for the several precinct boards, but
reference may be made to the resolution or ordi-
nance of said Board of Supervisors appointing elec-
tion officers for such State or County election.
At all municipal elections the election officers for
each precinct board shall consist of one inspector,
one judge and two clerks, except that the Council