Section 99.01.010 Charter.

ORDINANCE NO.

AN ORDINANCE PROVIDING FOR THE CODIFICATION OF THE GENERAL ORDINANCES OF THE CITY OF TULARE, CALIFORNIA, AND PROVIDING FOR THE ADOPTION OF THE OFFICIAL CODE OF THE CITY OF TULARE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TULARE, that:

Section 1. From and after the date of passage of this Ordinance this Official City Code of the City of Tulare, prepared by Sterling Codifiers, Inc., and hereby approved and accepted shall be the Official Code of all Ordinances of a general and permanent character of the City.

Section 2. There is hereby adopted, as a method of perpetual codification, the loose leaf type of binding together with the continuous supplement service whereby each newly adopted Ordinance of a general nature, amending, altering, adding to, or deleting provisions of this Official City Code is identified by the proper place in each of the Official Copies. Each such insertion shall be made within thirty (30) days following the date of adoption by the Council, and each new provision shall become effective upon such insertion.

Section 3. At least three (3) copies of this City Code shall at all times be on file and available for inspection in the office of the Clerk.

PRESIDENT OF THE COUNCIL

AND EX-OFFICIO MAYOR OF

THE CITY OF TULARE

ATTEST:

CITY CLERK, AND CLERK OF THE COUNCIL OF THE CITY OF TULARE.

Freeholders’ Charter

of the

City of Tulare

(Filed with the Secretary of State February 3, 1923)

(Statutes of 1923, P. 1508)

As Amended April 24, 1933 (Statutes of 1933, P. 3043)

As Amended May 24, 1935 (Statutes of 1935), P. 2640)

As Amended March 26, 1954 (Statutes of 1953, P. 381)

As Amended April 14, 1959 (Statutes of 1959, P. 5713)

As Amended April 13, 1971 (Statutes of 1971, V2,Ch158, P. 4388-4394)

As Amended April 8, 1975 (Stat. of 1975, V2,App.Chart.Ch10, P.45)

As Amended November 2, 1982 (Stat. of 1982, V6, App.Chart.P.138-139)

As Amended November 5, 1996 (Statutes of 1997, Chart.Ch 7)

As Amended November 2, 2004 (Statutes of 2005, Chart.Ch 1)

NAME AND BOUNDARIES

Section 1. The municipal corporation now existing and known as the City of Tulare, shall remain and continue a body, politic and corporate in the name in fact and in law.

The boundaries of the City of Tulare shall continue as now established until changed in some manner authorized by law.

Section 2: Repealed March 26, 1954.

POWERS

Section 3. Said city shall have and may exercise all the powers heretofore granted to the other municipalities of the state, also such as may be necessary or appropriate to a municipal corporation and to the general welfare of its inhabitants which are not prohibited by the constitution and which it would be competent for this Charter to set forth particularly or specifically, and the specification herein of any particular powers shall not be held to be exclusive.

ELECTIVE OFFICERS

Section 4. (As Amended April 13, 1971) Elective Officers of the City shall be five (5) Council Members.

Section 5. (As Amended April 13, 1971) On the tenth (10th) day of April, 1923, there shall be elected at large five (5) Council Members. The term of office of each of said Elective Officers shall be four (4) years, and until his/her successor is elected and qualified, EXCEPTING that the City Council elected at the regular Municipal Election held on the second Tuesday of April, 1955, the three (3) members elected by the highest number of votes shall hold office for four (4) years, and the two (2) members elected by the lowest number of votes shall hold office for two (2) years. If two or more persons are elected by the same number of votes, the terms of each shall be decided by lots.

Section 6: Repealed April 13, 1971

Section 7: Repealed March 26, 1954

Section 8: Repealed April 13, 1971

VACANCIES

Section 9. (As Amended April 13, 1971) A vacancy in any elective office, from whatever cause arising, shall be filled by appointment by the Council, such appointee to hold office until the next general Municipal Election, when a successor shall be chosen by the electors for the unexpired term; provided that if the Council fails to agree or for any other reason does not fill such vacancy within thirty (30) days after the same occurs, then such vacancy shall be filled by the Mayor; provided, however, that if for any reasons the seats of a majority of the Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted as herein provided for general Municipal Elections.

If any officer of the City shall remove from the City, or absent himself/herself therefrom for more than thirty (30) days consecutively without the permission of the Council, or shall fail or qualify, or shall resign, or be convicted of a felony, or be adjudged insane, his/her office shall thereupon become vacant.

QUALIFICATIONS OF OFFICERS

Section 10. (As Amended March 26, 1954) All elective officers, at the time of their election, shall be qualified electors of the City of Tulare.

ELECTIONS

Section 11. (As Amended April 8, 1975) Except as otherwise provided, all elections shall be held and conducted, as nearly as may be, in accordance with the Elections Code of the State of California as amended from time to time. The regular municipal elections shall be held on the date and in accordance with the laws governing the date of election of school district governing board members, and the election shall be held and conducted in accordance with the same laws, as amended from time to time.

INITIATIVE, REFERENDUM AND RECALL

Section 12. Ordinances may be initiated or the referendum applied on ordinances passed by the Council under and in accordance with the constitution and general laws of the state provided that all petitions in connection therewith shall not be circulated but shall be deposited for signatures at not less than three public places in the city to be specified by the City Council. Any elective officer shall be subject to the recall in accordance with the provisions of the constitution and general laws of the state, provided that petitions shall not be circulated but be deposited for signatures at not less than three public places in the city to be designated by the Council; and provided further than in case an officer is recalled, the office held by him/her shall be deemed vacant and shall be filled by the Council as any other vacancy.

Section 13. (As Amended May 24, 1935) The legislative body of the City shall be vested in a City Council to consist of five (5) members who shall received as compensation the sum of $5.00 for each regular meeting attended by them.

MEETINGS

Section 14. (As Amended November 5, 1996; November 2, 2004) The City Council shall meet at the first regular session after certification of the municipal election results, shall take the oath of office, shall choose one of their number President, who shall be Ex-Officio Mayor and executive head of the City. The Council shall hold regular meetings at least once in each month at such times as they shall fix by ordinance, and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment, and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Special meetings may be called at any time by the Mayor or by three Council Members by giving prior written notice as required by the Brown Act. All meetings of the Council shall be public, except for closed sessions as permitted by state law, and held within the corporate limits of the City at such places as may be designated by ordinance or Council action, excepting that joint meetings with other public agencies may be held outside the city corporate limits consistent with applicable state law.

ORDINANCES AND RESOLUTIONS

Section 15. (As amended April 13, 1971; November 2, 2004) The Council shall act only by Ordinance, Resolution, or motion. All proposed Ordinances shall be introduced in typewritten or printed form, and no Ordinance shall be passed by the Council on the date of its introduction, nor within five (5) days thereafter, nor at any time other than a regular meeting. Nothing herein shall be construed as prohibiting minor changes, amendments or modifications of a proposed Ordinance between the time of its introduction and final passage, providing its general scope and original purpose are retained. The affirmative vote of three (3) members shall be necessary to the passage of any Ordinance or Resolution. All Resolutions and Ordinances shall be signed by the President of the Council and attested by the City Clerk.

The enacting clause of all Ordinances shall be "Be It Ordained by the Council of the City of Tulare". All Ordinances, with the exception of the annual appropriation Ordinance, shall contain but one subject, which shall be clearly stated in the title.

If any subject shall be embraced in an Ordinance or Resolution, which shall not be expressed in its title, such Ordinance or Resolution shall be void only as to such thereof as shall not be expressed.

All Ordinances, except emergency Ordinances not subject to referendum before final action thereon, must be passed to print and the following actions taken: a summary of the ordinance, not to exceed fifty (50) words, with the “Ayes” and “Noes”, shall be published in a newspaper of general circulation in the City of Tulare for one (1) day; the ordinance with the “Ayes” and “Noes” shall be available in at least one public place at the city offices; and, upon request to the City Clerk, a copy of the ordinance shall be made available to any citizen.

No Ordinance shall be amended unless the whole Section to be amended be set forth, as amended, and the original Section repealed.

POWER OF INVESTIGATION

Section 16. The Council, or a committee thereof, may investigate the affairs of any department or the official acts and conduct of any official. It shall have power to administer oaths, compel the attendance of witnesses and the production of books and papers, and may punish for contempt any person failing to obey its subpoena or refusing to testify. No person shall be excused from testifying, but his/her testimony shall not be used against him/her in any criminal proceeding, other than for perjury.

APPOINTIVE OFFICERS

Section 17. (As amended April 13, 1971; November 2, 2004) There shall be the following appointive officers, boards and commissions, who shall perform the duties assigned them by this Charter or by Ordinance: City Manager, City Clerk, City Engineer, Public Works Director, City Attorney, Finance Director, Chief of the Police Department, Chief of the Fire Department, City Planning Commission, Recreation, Parks and Library Director, Board of Library Trustees, Board of Public Utilities Commissioners.

The Council may, by Ordinance, provide for the appointment of all employees of the City Government, except as otherwise provided in this Charter. The Council shall appoint the City Manager, City Clerk, and City Attorney, members of all Boards and Commissions, and such other subordinate officers as in their judgment may be deemed necessary, and fix their compensation.

All other appointive officers shall be appointed and removed by the City Manager.

All appointive officers shall, before entering upon the duties of their office, take the oath herein prescribed for elective officers, and filed with the City Clerk bonds of some responsible Surety Company in such penal sums as this Charter, or failing such provisions, as the Council may by Ordinance direct.

No provisions of this Charter shall be construed to prohibit the adoption of an Ordinance providing for a personnel, merit, civil service, or other system for the employment, tenure, discharge or retirement of employees.

CITY CLERK

Section 18. (As amended March 26, 1954) The City Clerk shall be the custodian of the seal of the City; shall safely keep all books, records and other documents required by this Charter or the laws of the State to be kept and filed in his/her office. He/She shall be the Clerk of the Council. He/She shall have the power to administer oaths. It shall be his/her duty to perform all acts required of his/her by this Charter, by Ordinance, or by the laws of the state.

CITY ATTORNEY

Section 19. The City Attorney shall be an attorney-at-law, duly admitted to practice in the courts of this state, and having practiced therein at least two years. He/She shall represent the City in all litigation, including the prosecution of criminal cases arising out of the violations of city ordinances. He/She shall be the legal advisor of the Council, the City Manager, and all other officers, boards and departments of the City, and shall give his/her opinion in writing when requested in writing by any officer or board. He/She shall draft all proposed ordinances, or resolutions, when requested to do so by the Council, and perform such other duties as may be prescribed by ordinance.

CITY MANAGER

Section 20. The Council shall appoint a City Manager. His/Her powers and duties shall be as follows:

a. To see that all Ordinances are enforced.

b. (As amended March 26, 1954) To appoint, except as otherwise provided, and subject to the provisions of any Ordinance providing for a personnel, merit, civil service, or other system for the employment, tenure, discharge or retirement of employees, all heads of departments, subordinate officials, and employees, and remove the same, except as otherwise herein provided.

c. To exercise general supervision over all public utilities operating within the City so far as the same are subject to municipal control.

d. To see that the provisions of all franchises, permits and privileges granted by the City are fully observed, and to report to the Council any violation thereof.

e. Repealed April 13, 1971.

f. Repealed November 2, 2004.

g. To attend all meetings of the Council unless excused therefrom by the Council or the Mayor.

h. To examine or cause to be examined, without notice, the conduct of any officer or employee of the City.

I. To keep Council advised as to the needs of the City.

j. To devote his/her entire time to the interests of the City.

k. To appoint such advisory boards as he/she may deem best to serve without compensation, to confer with him/her and assist him/her in his/her work.

Section 21: Repealed April 13, 1971.

Section 22: Repealed April 13, 1971.

PURCHASE BY CONTRACT OR IN THE OPEN MARKET

Section 23. (As amended November 2, 1982; November 2, 2004) When the expenditure required for the purchase of any supplies exceeds the sum of $15,000.00, the Purchasing Agent shall advertise for sealed proposals in the manner hereinafter prescribed for proposals for public work and the contract shall be awarded by the Council to the lowest responsible bidder, provided that the Council may reject all bids and order the Purchasing Agent to buy in the open market at a price less than the lowest bid received from a responsible bidder, and provided that if no bids are received, the Council may order the Purchasing Agent to buy in the open market.

Until the Council shall otherwise provide by Ordinance, the Finance Director shall act as Purchasing Agent.

FISCAL YEAR

Section 24. (As amended April 24, 1933) The fiscal year shall commence on the first day of July.

Section 25. The Council shall by Ordinance provide for the assessment, levy and collection of taxes. The tax levy authorized by the Council shall not exceed one dollar ($1.00) upon each one hundred dollars ($100.00) of the assessed valuation of all real and personal property within the City exclusive of the amount necessary to pay the principal of and interest on the bonded indebtedness of the City, except by Ordinance approved, or adopted by the affirmative vote of the majority of the people voting at a general or special election.

ESTIMATES OF REVENUE AND EXPENDITURE

Section 26. (As amended April 14, 1959) On or before the second regular meeting in May of each year, the City Manager shall submit to the Council an estimate of revenue and expenditures for the ensuing year. It shall contain an estimate of the probable revenue from all sources, the amount necessary to meet the interest and principal of the bonded indebtedness of the City, and the following information, arranged in parallel columns:

a. Detailed estimate of the expenses of conducting each Department, as submitted by the Department.

b. Expenditures for the corresponding items for the last two (2) fiscal years.

c. Expenditures of corresponding items for the current fiscal year, including adjustments due to transfers between appropriations, and an estimate of the expenditure necessary to complete the current fiscal year.

d. Supplies and materials on hand.

e. Such other information as the Council may require.

f. Recommendations of the City Manager.

Sufficient copies shall be prepared by the City Manager to provide one for each member of the Council, and to place two (2) copies on file in his office for inspection by the public.

PUBLICATION OF THE BUDGET

Section 27. (As amended April 14, 1959) Upon the receipt of this budget, the Council shall proceed to consider the same. Before the final action is taken, the City Manager, at the direction of the Council, shall publish for general distribution, an abstract of the budget showing the principal items of expenditure for each Department together with the changes in his/her recommendation, if any, proposed to be made by the Council.

MISCELLANEOUS PROVISIONS RELATING TO APPROPRIATIONS

Section 28. (As amended April 13, 1971) Upon request of the City Manager, the Council may, by Resolution, transfer any part of an unencumbered balance of any appropriation to another purpose or object, or may, by Resolution, authorize a transfer to be made between items appropriated to the same office or department.

At the close of each fiscal year, the unexpended balance of each appropriation, against which no contracts or works or supplies are outstanding, reverts to the general fund. Any money in the general fund otherwise unappropriated may be appropriated by the Council at any time by Ordinance.

No money shall be drawn from the City Treasury, nor obligation for the expenditure of money be incurred, except in accordance with the appropriation made by the Council or otherwise provided for herein.

Section 29: Repealed April 13, 1971

Section 30: Repealed April 13, 1971

Section 31: Repealed April 13, 1971

Section 32: Repealed April 13, 1971

Section 33: Repealed April 13, 1971

PAYMENT OF MONEYS INTO THE TREASURY

Section 34. (As amended November 2, 2004) Every officer collecting or receiving any moneys belonging to or for the use of the city, except when otherwise provided by law or this Charter, shall pay the same into the City Treasury and account therefor to the Finance Director daily. The Finance Director shall direct the proper fund to be credited therewith.

Section 35: Repealed April 13, 1971

POLICE AND FIRE DEPARTMENTS

Section 36. The Police Department shall consist of a Chief of Police, a police force and such subordinate officers and employees as the City Council may prescribe. The Chief of Police and City Manager shall adopt rules for the government, discipline, equipment and uniform of the department, subject to the approval of the Council.

CHIEF OF POLICE

Section 37. The Chief of Police shall have all the powers that are now or may hereafter be conferred upon sheriffs and other peace officers by the laws of the state. He/She shall be responsible for the execution of all laws and ordinance and rules governing the Police Department. He/She shall have such other powers and duties as may be conferred by the Council.

FIRE DEPARTMENT

Section 38. The Fire Department shall consist of a Chief and such Fire Fighters and other employees as the Council may determine. The Chief and City Manager shall prescribe rules for the government of the department.

Section 39: Repealed April 13, 1971

Section 40: Repealed March 26, 1954

Section 41: Repealed March 26, 1954

Section 42: Repealed March 26, 1954

Section 43: Repealed March 26, 1954

Section 44: Repealed March 26, 1954

DEPARTMENT OF PUBLIC WORKS

Section 45. (As amended April 13, 1971; November 2, 2004) The City Engineer shall be a Civil Engineer, duly licensed under the laws of the State of California. The Public Works Director shall be head of the Department of Public Works. He/She shall have all such powers and duties as are conferred on him/her by this Charter or by Ordinance. He/She shall be ex-officio Superintendent of Streets. The Public Works Director may be, but is not required to be, the City Engineer. The Department of Public Works shall have charge of all public works relating to streets, street cleaning, water, sewers, sewage disposal, garbage disposal, and the construction and operation of all public utilities owned and operated by the City, except as otherwise provided herein.

PUBLIC WORKS TO BE DONE BY CONTRACT

Section 46. (As amended November 5, 1996; November 2, 2004) All public buildings and work, when the expenditure therefor shall exceed the sum of $15,000.00, shall be done by contract, and shall be let to the lowest responsible bidder, after advertising one(1) time in a daily newspaper of general circulation published in the City, for sealed proposals for the work contemplated. Provided, that the Council may reject any and all bids, if deemed excessive, and re-advertise for bids to provide for the work to be done by the Department of Public Works.

All contracts shall be approved as to form by the City Attorney, and shall be signed by the Mayor, and attested to by the City Clerk.

No contract is valid, except in the case where the work to be done is to be paid for by special assessment, unless the Finance Director shall endorse thereon his/her certificate that there remains an unexpended balance of an appropriation or proceeds of a bond issue applicable thereto.

PENALTY FOR COLLUSION

Section 47. If at any time it shall be found that the person, firm or corporation to whom the contract has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the contract so awarded shall be null and void, and the contractor and his/her sureties shall be liable to the City for all loss or damage which the city may suffer thereby, and the Council may advertise anew for bids for said work.

CITY PLANNING COMMISSION

Section 48. There shall be a City Planning Commission established, governed and maintained under and pursuant to the provisions of the generals laws of the state.

DEPARTMENT OF PARKS AND RECREATION

Section 49. (As amended April 13, 1971; November 2, 2004) The Department of Parks and Recreation shall consist of a Recreation, Parks and Library Director, and such other employees as the Council may provide. The Director shall have complete charge of the parks and reservations of the City, except as otherwise limited in this Charter. The Director and City Manager shall make rules for the use of the parks and the preservation of the trees, shrubs, lawns, etc., subject to the approval of the City Council. The Council may designate any of the employees of the Parks Department as special police officers and, as such, they shall have the powers and duties within the parks and reservations of the City as would be possessed by regular police officers.

DEPARTMENT OF HEALTH

Section 50. The head of the Department of Health shall be the Health Officer. He/She shall have all the powers and duties conferred on boards of health and health officers by the general laws of the state, and such other powers and duties as may be conferred by Ordinance. The Health Officer shall have the degree of Doctor of Medicine, or shall have received a certificate or degree in public heath from the University of California or other institution of equal standing, and have practiced medicine or have been engaged in public health work for a least three years.

The Health Officer shall have the power to order the removal or destruction of any matter, filthy, obnoxious or dangerous to health, in or from any building, grounds or premises, and the demolition or reconstruction in a way to be approved by him/her, of any building or premises or any portion or appurtenances thereof which violates any sanitary law or ordinance or which is productive of nuisance or dangerous to health. If the occupant or owner of the building, grounds or premises fails to obey the order of removal, demolition or reconstruction within a reasonable time, the Health Officer shall proceed to carry out the terms of the order, and the expense thereof shall be borne by the owner of the building, grounds or premises in question, and shall become a lien thereon.

The Health Officer and ever other regularly appointed employee of the Health Department shall have the right and power to arrest any person or persons who may violate any sanitary law or regulation or any valid order of the Health Officer.

ADVISORY BOARD OF HEALTH

Section 51. A Board of Health may be appointed by the City Manager for a term of four years, and shall consist of five persons, three of whom shall be physicians licensed to practice in this State, and one a Civil Engineer. They shall serve without compensation. It shall be the duty of the Board of Health to meet on the call of the Health Officer, and to give him/her its advice on any matter which he/she may refer to it.

BOARD OF PUBLIC UTILITIES

Section 52. (As amended April 14, 1959; November 2, 2004) There is hereby created a Department of Public Utilities. Said department shall be under the control and management of a board of five (5) commissioners. Said Board shall be known as the Board of Public Utilities Commissioners, and the members of such Board shall be known as the Commissioners of said department. Said Board shall consist of five (5) members appointed by the Mayor and confirmed by the Council, who shall hold office for four (4) years and until their successors are appointed and qualified; they may be removed by the Mayor, subject to the approval of the Council by a majority vote.

The Board shall hold regular meetings at a regular meeting place within the corporate limits of the City of Tulare. All meetings shall be public. The members of the Board shall receive as compensation the sum of $5.00 each for each regular meeting attended by them, and necessary expenses incurred by them shall be properly charged against the City, and when certified by the Finance Director shall be paid.

Section 52a. As soon as practicable after the first day of July in each year, the Board shall organize by electing one of its members President and one Vice President, which officers shall hold office for one year and until their successors are elected, unless their membership on the Board sooner expires. The election of each succeeding President and Vice President shall be held at the meeting of the Board during the last week in July of each year. The Board may fill the unexpired term of any vacancy occurring in the office of President or Vice President. All meetings shall be in a public office of the Board, with reasonable provision for attendance by the public.

Section 52b. (As amended November 2, 2004) The Board shall appoint the City Clerk as secretary of the Board and the Finance Director as chief accounting employee. The secretary shall keep a record of the proceedings and transactions of the Board, specifying therein the names of the Commissioners at all meetings and giving the ayes and noes upon all votes. He/She shall post and publish all orders, and resolutions and notices which the Board shall order to be posted or published, and shall perform such other duties as are herein or may be by order of the Board imposed upon him/her.

Section 52c. The Board of Public Utilities shall have power (subject to the provisions of this Charter and to such Ordinances of the City as are not in conflict with the grants of power made to this department of the City government elsewhere in this Charter) to supervise, control, regulate and manage the department and to make and enforce all necessary and desirable rules and regulations therefor and for the exercise of the powers conferred upon the department by this Charter. It shall have such additional powers and perform such other duties as may be granted or imposed elsewhere in this Charter, or by Ordinance not in conflict with the provisions of this Charter. No grant of power by this Charter to this department of the City government shall be construed to restrict the power of the Council to enact Ordinances under the police power of the City except as otherwise specifically provided in this Charter.

Section 52d. The power conferred by this Charter upon the Board shall be exercised by order or resolution adopted by a majority of its members and recorded in the minutes with the ayes and noes at length. Such action shall be attested by the signature of the President or Vice President, or two members of the Board, and by the signature of the secretary of the Board.

Section 52e. (As amended November 2, 2004) The Department of Public Utilities shall have the power to use a corporate seal, to sue and be sued, and to have perpetual succession; it shall have the power and duty:

1. To acquire, construct, operate, maintain, extend, manage, and control works and property for the purpose of supplying the City and its inhabitants with water and electric energy, gas, heat, sewers, transportation, telephone and telegraph service, ice or other systems of providing and distributing refrigerating means, materials and service, or any of them, and to acquire and take, by purchase, lease, condemnation, or otherwise, and to hold, in the name of the City, all property situated within or without the City, and within or without the state, that may be necessary or convenient for such purpose. To borrow money for any or all of such purposes on terms and conditions prescribed by said Board, said indebtedness to be payable only out of the revenue fund pertaining to the municipal works for or on account of which such indebtedness was created.

2. To regulate and control the use, sale, and distribution of water, electric energy, gas, transportation, and other utility owned or controlled by the City; the collection of rates therefor and the granting of permits for connection with said water or electric works or gas or transportation or sewer or other utilities; and to fix the rates to be charged for such connection; and subject to approval of the Council by Ordinance or Resolution, to fix by contract or otherwise and for a term deemed reasonable by the Board the rates charged for water or electric energy, or gas, or transportation, or any other utility for use within or without the City, and to prescribe the time and the manner of payment of the same; provided that, except as hereafter otherwise prescribed, such rates shall be of uniform operation as near as may be, and shall be fair and reasonable taking into consideration, among other things, the nature of the use, the quantity supplied, and the value of the service; provided further that the rates inside the City may be less, but no greater, than the rates outside the City for the same or similar uses.

3. To supply and distribute, at rates fixed as hereinbefore provided, any surplus water or surplus electric energy or surplus gas or surplus of any other utility owned or controlled; and subject to the approval of the Council by Ordinance, to fix by contract or otherwise the rates to be charged for public utilities for use without the City, and to prescribe the time and the manner of the same.

4. At the discretion of the Board, to divide the work of the department into as many bureaus as the number of public utilities it controls, and to discontinue such bureaus and to consolidate the work of any such. In case such division is made, the General Manager, subject to confirmation by the Board, shall have the power to appoint a manager for each bureau, who shall operate under and shall be subject to the supervision and direction of the General Manager for the entire department. Each such manager shall be directly responsible to the General Manager and shall have such powers and duties as shall from time to time be conferred on by the General Manager.

5. In the event that all or any portion of a utility is acquired by the Department of Public Utilities under a contract providing for the payment in whole or in part of the purchase price thereof out of revenues to be obtained from said utility, then, at its option, to appoint an agent, corporate or individual, to have charge of and to manage the said utility, so far as may be permitted by law, pending the time that the revenues of the utility shall pay the full purchase price thereof. In the event of the appointment of such agent by contract, the provisions of sections affecting the powers and duties of the manager and of the manager of such utility shall be suspended as to such utility during the term of such contract.

6. To sue and to be sued, and to require the services of the City Attorney in all cases to which the Board or Department is a party, provided that the Board may employ other attorneys to assist the City Attorney therein, with the latter’s written approval.

7. To lease, for a term not exceeding five years, any or all of the lands under its control for agricultural or other purposes, which shall not conflict with the beneficial uses of said lands by the City for the purposes for which they are held by the Board; and except as otherwise provided in this Charter, to sell, from time to time, such personal property, placed under its control, as shall not be longer necessary or suitable for the use of such Department. The Board shall have the right, in conjunction with the joint use of pipe lines, poles, or pole facilities, to buy, sell, or lease fractional interests in pipe lines, poles or pole facilities owned or controlled by said other utilities or by said Board. No real property nor any rights or interests in real property held by said Board shall be sold, leased, or otherwise disposed of, or in any manner withdrawn from its control, save as above provided, unless by written instrument duly authorized by Ordinance of the City and a Resolution of the Board, and duly executed by the City and the Board.

No water or water rights nor any of the following property now or hereafter owned or controlled by the City, to wit; gas, electric energy, or the right to develop electric or other power by means of any water or water right now or hereafter owned or controlled by the City, shall ever be sold, leased, or disposed of, in whole or in part, without the assent of two-thirds of the qualified voters of the City voting on the proposition at a general or special election, at which such proposition shall be lawfully submitted, and no water shall ever be sold, supplied, or distributed to any person or corporation, other than municipal, for resale, rental, or disposal to consumers or other persons. Neither shall any electric power or gas ever be sold, supplied or distributed to any person or corporation other than municipal for resale, rental or disposal to consumers or other persons without the assent of two-thirds of the qualified voters of said City given, as aforesaid; provided that nothing in this section contained shall be construed to prevent the ordinary sale and distribution by the City of water, gas, and electric energy to its own inhabitants for their own use, or to prevent the supplying or distribution by the City of surplus electric energy or gas to consumers or municipal corporations outside of the City, as elsewhere in this Charter provided.

8. To control, and order, except as otherwise in this Charter provided, the expenditure of all money received for the sale or use of water, or from any other source in connection with the operation of said water works, and all money received from the sale or use of electric energy or from any other source in connection with the operation of said electric works, and all money received from the sale or use of gas or of transportation or of any other public utility, or from any other source in connection with the operation of said public utilities; provided that all money pertaining to each of said utilities shall be deposited in the City Treasury to the credit of a special fund created for each of said utilities; and the money so deposited in each special fund shall be kept separate and apart from other money of the City and shall be drawn only from said fund upon demands authenticated by signature of the Finance Director. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof.

Section 53. (As amended May 24, 1935) None of the money in or belonging to any of said special revenue funds shall be appropriated or used for any purpose except the following purposes pertaining to the municipal works from or on account of which such money was received, to wit:

1. For the necessary expenses of operating and maintaining such works.

2. For the payment of the principal and interest or either due or coming due under contract or upon outstanding notes, certificates or other evidences of indebtedness issued against revenue of such works or bonds or other evidence of indebtedness, general or district, heretofore or hereafter issued for the purpose of such works or parts thereof.

3. For the necessary expenses of constructing, extending, and improving such works, including the purchase of lands, water rights, and other property; also the necessary expenses of conducting and extending the business of the department pertaining to such works; also for reimbursement to another bureau on account of services rendered, or materials, supplies, or equipment furnished; also for expenditures for the purpose for which bonds, or evidences of indebtedness shall have been authorized, subject to reimbursement as soon as practicable from monies derived from the sale or issuance of such bonds or evidence of indebtedness.

4. For establishing and maintaining a reserve fund to insure payment at maturity of the principal and interest on all bonds and all other contract obligations not outstanding or hereafter issued or made for the purchase of municipal works and such other reserve funds pertaining to such works as the Board may provide for by Resolution subject to approval of the Council by Ordinance. The money set aside and placed in such fund or funds so created shall remain in said fund or funds until expended for the purpose thereof, and shall not be transferred to any other fund of the City. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof.

5. Any balance may be appropriated for use in any ensuing fiscal year or years or be transferred to the general fund of the City with the consent of the Board of Public Utilities, and not otherwise.

Section 53a. The Board may provide for the cost of acquisition of a public utility and or extensions and or betterments of said public utility from funds from the sale of bonds, general or district, and/or from revenues received from said works to which such acquisition, extensions, and betterments pertain and/or from the proceeds of loans contracted in accordance with the provisions of this Charter.

Whenever in the exercise of such power to provide for the cost of acquisition of a public utility and/or extensions and/or betterments from such revenues, the Board may deem it advisable to make any such acquisition, extension or betterment which cannot be provided for out of the appropriations for a single fiscal year, it may at any time adopt a special budget and make special appropriations therefor specifying the amount of such appropriation for each fiscal year during which the cost of such acquisition, extension or betterment is expected to be paid, and when such special budget is so adopted, said Board may incur financial obligations and make expenditures as authorized thereby; provided that no such special appropriation for a future fiscal year shall be made unless, on report of the Manager, it shall find that the reasonably expected revenues of such works in each fiscal year for which such appropriation is made will be amply sufficient to permit the making of such appropriation in addition to the following:

1. Appropriations to cover the necessary expenses of operating and maintaining such works, and such payments of principal and interest on outstanding bonds, as, under the provisions of this Charter, and findings or resolutions provided for therein, said Board is required to apportion and set apart;

2. Appropriation to cover all sums coming due in said year for principal and interest upon notes, certificates or other evidences of indebtedness issued under the provisions of this Charter;

3. Appropriations to cover all appropriations made by any prior special budget; and

4. Appropriations to cover all other reasonably anticipated expenses for said year.

Any such special budget shall be subject to modification or extension upon like report and finding. It shall be the duty of the Board in adopting the annual departmental budget for each fiscal year to include therein appropriations for each item for which an appropriation for that year has been made by any such special budget.

Section 53b. (As amended November 2, 2004) The Board shall each year apportion and set apart out of the revenue fund in the city treasury pertaining to each such municipal works an amount or amounts sufficient to pay at maturity all sums coming due in said year for principal and interest, upon all outstanding general bonds, and/or other obligations issued for the purposes of the works, to which such revenue fund pertains, and also all sums coming due in said year for principal and interest upon all outstanding district bonds, issued for such purposes or such part of the last mentioned sums as can be paid from moneys in said fund not appropriated to other purposes and the Board finds are not required to meet outstanding obligations or liabilities payable out of said fund, including the principal and interest of general bonds, and/or other obligations; and said amounts shall be transferred forthwith into a special fund in the city treasury, to be designated by name indicating the nature or purpose of such special fund, and the money in such special fund shall be subject to apportionment by the Finance Director as may be required to make such payments on the principal and interest of said bonds and/or other obligations, and for no other purpose. Any interest or increment received on the money in any such special fund shall be paid into such special fund and become a part thereof. The foregoing provisions of this section shall apply to all such bonds now outstanding or hereafter issued; except as in this section provided said Board may, at its discretion, apply the moneys in such revenue funds to such purposes permitted by this Charter and in such order and such amounts as in the exercise of such discretion it shall determine. Balances remaining unexpended in said revenue funds, and all sums receivable into said fund from unpaid bills of consumers and other similar sources at the close of any fiscal year shall be available for appropriations for, and expenditures in, succeeding fiscal years in like manner and for like purposes as revenues received during such succeeding years. The Board shall appoint and shall have the power to remove the General Manager who shall be the chief administrative officer. The City Manager may be appointed General Manager.

Section 53c. Subject to the provisions of this Charter, the rules of the department and instructions of this Board, said General Manager shall have the power and duty:

1. To administer the affairs of the department as its chief administrative officer.

2. To appoint, discharge, suspend, or transfer the employees of the department, other than the secretary of the Board and the chief accounting employee of the department, and to issue instructions to said employees, other than the secretary and the chief accounting employee, in the line of their duties.

3. To expend the funds of the department in accordance with the provisions of the budget appropriations or of appropriations made subsequent to the budget.

4. To recommend to the Board prior to the beginning of each fiscal year an annual departmental budget covering the anticipated revenues and expenditures of the department, conforming as far as practicable to the forms and dates provided in this Charter in relation to the general city budget.

5. To certify all expenditures of the department to the chief accounting employee.

6. To exercise such further powers in the administration of the department as may be conferred upon him/her by the Board.

Section 53d. Repealed: April 13, 1971.

Section 53e. The Board shall provide suitable quarters, equipment, and supplies for the department. It shall create the necessary positions in said department, authorize the necessary deputies, assistants and employees and fix their salaries and duties, and fix the salary of the General Manager and may require bonds of any or all such employees for the faithful performance of their duties.

Section 54. (As amended May 24, 1935) Whenever in this Charter provision is made for the discharge of specific duties by a specific appointee, the appointing power of such appointee may designate an employee or employees in the same department with full power to act in place of such appointee in case of his/her temporary absence or other inability to act; and in other cases upon the written request of such appointee.

Section 55. (As amended May 24, 1935; November 2, 2004) The Board shall, prior to the beginning of each fiscal year, adopt an annual departmental budget and make an annual departmental budget appropriation covering the anticipated revenues and expenditures of said department. Such budget shall conform, as far as practicable, to the forms and times provided in this Charter for the general city budget. Such budget shall contain a sum to be known as the “unappropriated balance”, which sum shall be available for appropriation by the Board later in the ensuing fiscal year to meet contingencies as they may arise. A copy of such budget, when adopted, and of every Resolution subsequently adopted making appropriations from said unappropriated balance shall promptly be filed with the City Council and Finance Director. No expenditure shall be made for financial obligations incurred by such department except as authorized by the annual department budget appropriation, or appropriations made subsequent to said annual budget, or as otherwise provided in this Charter. Provided, however, and anything contained in this Charter to the contrary notwithstanding, the Board shall have power at any time to pledge said unappropriated balance, or to contract with reference therefor, for any of the purposes set forth in this Charter.

Section 55a. (As amended November 2, 2004) No money shall be drawn from any fund under the control of such department, except upon warrants authenticated by the signature of the Finance Director, who shall be directly appointed by the Board and shall be directly responsible to it in the discharge of his/her duties. The Board, by resolution, may authorize a temporary substitution in the case of the absence or inability to act of the person whose signature is herein required.

Section 56. (As amended May 24, 1935) Any action by said department authorizing the acquisition or sale of real property, approving of contracts which obligate the city for a longer period of time than one year, or which involves values in excess of two thousand dollars ($2,000.00), or which involves a rule of general application to be followed by the public, shall be taken by the Board by order or resolution. Every order or resolution adopting a rule of general application to be followed by the public shall be published once in a daily newspaper and shall take effect upon such publication.

Section 56a. 1. The Board is hereby authorized to borrow money from the federal government or the state government, or any duly authorized agency created by either said government and acting therefor, to defray the expenses of construction work in the department.

The principal and interest of such borrowed money shall be paid from the revenue fund pertaining to the municipal works for or on account of when such indebtedness was created, and the principal shall be repaid in not more than forty (40) years, no payments of principal need be required the first three (3) years following the date of any such loan.

2. The Board is hereby authorized to make contracts providing for expenditure or incurring financial obligations to be paid in whole or in part in succeeding fiscal years, for or on account of the acquisition of any public utility, and of extensions and improvements of the works under the control of said department, all payments under said contracts to be made out of the revenue fund pertaining to the municipal works for or on account of which such indebtedness was created.

FRANCHISES

Section 57. The general power of the Council to grant franchises for the construction and operation of public utilities in the streets and public grounds of the City of Tulare shall be exercised as provided in this article, and not otherwise.

Section 58. No franchise shall be granted except by ordinance, specifying the streets or other public grounds to which the same may apply.

PUBLIC LIBRARY

Section 59. The public library of the City of Tulare shall be maintained and managed in accordance with the provisions of the general laws of the state.

BOARD OF EDUCATION

Section 60: Repealed November 5, 1996

Section 61: Repealed November 5, 1996

Section 62: Repealed November 5, 1996

Section 63: Repealed November 5, 1996

Section 64: Repealed November 5, 1996

SUPERINTENDENT OF SCHOOLS

Section 65: Repealed November 5, 1996

Section 66: Repealed November 5, 1996

ORDINANCES TO REMAIN IN EFFECT

Section 67. All lawful ordinances of the City of Tulare, including resolutions and regulations of the several boards and commissions in force and effect at the time this Charter takes effect, and not inconsistent therewith, shall remain in force until duly amended or repealed.

GENERAL MISCELLANEOUS PROVISIONS

Section 68. (As amended April 13, 1971; November 2, 2004) All fees, fines or other moneys collected by the Librarian shall be paid into the city treasury at least once each week, and all money collected by the Recreation, Parks and Library Director shall likewise be paid into such treasury at least once each week.

Section 69. (As amended March 26, 1954; November 2, 2004) At the beginning of each fiscal year the Council shall designated Certified Public Accountants or qualified Public Accountants, duly licensed by the State Board of Accountancy or the State of California, who, at such time or times specified by the Council, shall make an independent audit of accounts and other evidences of financial transactions of the city government, and shall submit their reports to the Council and to the City Manager, and shall, at the end of the fiscal year, submit a final report to the Council and to the City Manager, a copy of such report to be placed on filed with the City Clerk for inspection by the general public.

Such Accountants shall have no personal interest, direct or indirect, in the fiscal affairs of the city government, or any of its officials; they shall not maintain any accounts or records of the City business, but within the specifications approved by the Council, shall post audit the books and documents kept by the Finance Director, and any separate or subordinate account kept by any office, department or agency of the city government.

Section 70. No officer, board, or member of any board, of this city shall recommend the appointment of, appoint, vote for or elect, to any office, position of employment, in any department of the city government, any person related by consangunity or connected by marriage with such officer or such member, or with any member of such board. A breach of this section shall be cause for removal of any such officer, board or member of such board.

Section 71. (As amended March 26, 1954; November 2, 2004) Except as otherwise provided for by law, this Charter, or by Ordinance, all public offices shall be kept open every day of the business week, as determined by the City Council, except legal holidays, and all books and records of every officer and department shall be open to the inspection of any citizen at any time during business hours, subject to the proper rules and regulations of the efficient conduct of the business of each department or office.

Section 72. All general laws of the State applicable to municipal corporations, now or hereafter enacted, and which are not in conflict with the provisions of this Charter or with Ordinances or Resolutions hereafter enacted, shall be applicable to the City.

Section 73. Unless otherwise provided by this Charter, any officer or board authorized to appoint any deputy, clerk, assistant or employee, shall have the right to remove the person so appointed.

Section 74. All officers and employees, when this Charter takes effect, shall continue to hold and exercise their respective offices or employment, under the terms of this Charter until the election or appointment and qualification of their successors.

Section 75. No Council Member shall in any manner attempt to influence the City Manager in the making of any appointment or in the purchase of supplies. A violation of this provision shall work a forfeiture of the office of the Council Member.

Section 76. Neither the City Manager, no any person in the employ of the City, shall take active part in securing or contributing money toward the nomination or election of any candidate for a municipal office.

TAKING INTO EFFECT OF THIS CHARTER

Section 77. If this Charter be approved by the 1923 session of the State Legislature, then for the purposes of nominating and electing candidates for Council Member, City Auditor, Treasurer and Police Judge and for the exercise of the initiative referendum and recall, this Charter shall take effect from the time of its approval by said legislature. For all other purposes it shall take effect on the first day of May, 1923.