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HomeMy WebLinkAbout1942 City CharterLIBRARY COPY CHARTER OF THE CITY OF BRMRTON ARTICLE I Name, Boundaries, Powers, Rights and Liabilities. Sec. 1. Name: The corporate name of this city shall be BRETON. Sec. 2. Boundaries: The existing boundaries of this bity shall remain as they are at present and may be changed in the manner provided by law. Sec. 3. Powers, Rights, and Liabilities: By and in the corporate name, the city shall have perpetual succession; shall have and exercise all powers, functions, rights and privileges now or hereafter given or granted to, and shall be subject to all the duties, obligations, liabilities and limitations now or hereafter imposed upon municipal corporations of the first class by the Constitut- ion and laws of the State of Washington, and shall have and exercise all other powers, functions, rights and privileges usually exercised by, or which are in- cidental to, or inhere in, municipal corporations of like character and degree. Sec. 4. Powers -How Exercised: All powers of this city, unless otherwise/ provided in this Charter, shall be exercised by, through and under the direction of a mayor and two commissioners, who shall constitute the city council. The mayor, commissioners and council shall be subject to the control and direction of the people at all times by means of the initiative, referendum and recall provided for in this Charter. ARTICLE II Elective Officers. Sec-5. Officers - Election and Term of: The elective officers -of this City shall be four in number: The Mayor, who shall be Commissioner of Public Health and Safety, a Commissioner of Finance and Accounting, a Commissioner of Public Works and Utilities, and a City Clerk, who shall also be Purchasing Agent. No person shall be eligible for election to any of the offices herein set out DRI I unless he be a citizen of the United States and of the State of Washington and a qualified elector of Kitsap County for two years last past and a resident of Bremerton. The term of all elective officers shall commence on the third Monday in December following their election and shall be for a period of thre years and until their successors are elected and have qualified. The first officers elected hereunder shall serve from the time of their election and qualification as provided by law until the third Monday in December, 19459 and until their successors are elected and have qualified. General municipal elections shall be held every three years. The elective officers shal devote their entire time during business hours to the service of the city and shall not hold any other public office except notary public. Sec. 6. Salaries: The annual salary of the Mayor selected, as herein -- after set out, $hall be the sum of Six Thousand Two hundred and Ten ($6 dollars, and the salaries of the other two commissioners shall be the sum of Five Thousand Five Hundred and Twenty ($5,520.) dollars per year, each. The clerk shall receive an annual salary of Five Thousand Five Hundred and Twenty (5,520.) dollars. Sec. 70 Vacancies: The office of any commissioner ehall be deemed vacant in case of failure to qualify within two days after the beginning of the term for which he was elected, or by reason of his death, resignation, removal from office, removal from the city, continuous absence from the city for more than thirty days during his term of office without the consent of the commission, conviction of a felony, or incompetency judicially declared. If any elective officer shall be absent from the city more than thirty days in any calendar year without the consent of the council, unless on business of the city, his salary shall be correspondingly diminished. A vacancy occurring otherwise than by recall, or by resignation after recall petition is filed, shall be filled by appointment, unless the unexpired term be two years or longer. In that case, it shall be filled by a special election, which shall be held within sixty days after such vacancy occurs. A vacancy occurring by recall, or by resignation —2--- after recall petition is filed, shall be filled by special election, which shall be held within sixty days after such vacancy occurs. In the event that there is more than one vacancy in the City Council, which is required to be filled by an election, the City Clerk shall call such election, and shall designate the polling places, and appoint the election officers, and perform such other duties in regard to such election as are usually performed by the City Council. ARTICLE III. Council and Legislation. Sec. 8. Organization of Council and Election of Mayor: Each candidate for a position as commissioner shall file and be elected for one of the three departments. The person elected Commissioner of Public Health and Safety shall be the Mayor of the City. Each commissioner shall be responsible for the supervision, control and operation of his own department and, except as other- wise herein provided, shall make all appointments of administrative heads without the necessity of confirmation by the other commissioners. Sec. 9. Meetings: All meetings of the Council shall be public and said Council shall keep a journal of its proceedings, which shall be a public record. At least one legislative meeting shall be held in each week. A majority shall constitute a quorum. Sec. 10. Voting Power: Each commissioner shall be entitled to a vote, but the Mayor shall not have the power of veto. Sec. 11. Form and Manner of Legislation: All legislation and appropria- tion of money shall be by ordinance, save where there is a special fund created for a particular purpose; payments from such fund shall be made on order of the council. Every ordinance and resolution shall be in writing and read in full at a council meeting before a vote is taken thereon, and upon every such vote the yeas and nays shall be called and recorded. -3- Sec. 12. Subject of Ordinance: The subject of every ordinance shall be set out clearly in the title thereof, and no ordinance except one raking appro- priations shall contain more than one subject. Ordinances making appropriations shall be confined to the subject of appropriations. Sec. 13. Enacting Clause: The enacting clause of all ordinances shall be in the words "The City of Bremerton does ordain." Sec. 14. Time of Passage - Appropriations - Emergency: Every ordinance, other than emergency ordinances, shall have two public readings. At least one week shall elapse between the introduction and the final passage of any ordin- ance, except as otherwise provided in this Charter. Every ordinance appropria- ting money in excess of one thousand ($1000.00) dollars, and every ordinance and resolution authorizing the making of any contract involving a liability on the part of the city in excess of one thousand ($1000.00) dollars, shall remain on file at least one week before its passage, except an emergency ordinance or resolution. Such emergency ordinance or resolution may b e enacted without previous filing, providing it contains a statement of its urgency, and shall reauire a unanimous vote of the commissioners. Sec. 15. Ordinances- Signing and Attesting, publication of, Recording and Authentication: Every ordinance passed by the council shall be published once in the official city newspaper and within ten days after its passage. Each ordinance shall be recorded in an ordinance book kept for that purpose, which records shall be attested by the city clerk. Sec. 16. Ordinances -Mien Effective: Ordinances making the annual tax levy, ordinances relating to local improvements and assessments therefor, ordinances making appropriations, and ordinances containing a statement of their urgency shall take effect immediately upon their passage and publication. All other ordinances enacted by the council shall take effect thirty days after the date of their passage and publication, unless a later date is fixed therein, in which event they shall take effect at such later date. -4- Sec. 17. Direct Legislation: When Effective: Ordinances adopted by the electors of the city shall take effect at the time fixed therein, or, if no such time is designated therein, at the date of the adoption thereof. Sec. 18. Amendments and Repeals: Amendments and repeals of ordinances or sections thereof shall be by ordinance. An amending ordinance shall contain the entire ordinance or section as amended. ARTICLE IV. Department of Public Health and Safety. Sec. 19. The Department of Public Health and Safety shall include the Police Department, Fire Department and Health Department. The Commissioner of Public Health and Safety shall appoint the Chief of Police, Chief of the Fire Department and the City Health Officer. The Commissioner of Public Health and Safety shall likewise appoint the Park Board, the Lihrary Board and the City Planning Commission, and the Municipal Judge. The Commissioner of Public Health and Safety shall see that the Constitution and laws of the State, this Charter and all ordinances of the city are enforced within the city and its jurisdiction. He shall take all proper measures for the preservation of public peace and order and suppression of all riots and tumults. He shall have the power and it shall be his duty to prescribe reasonable r and regulations for the dis- cipline and uniform of the police and fire departments and as to the general policy to be. followed in the direction thereof, and from time to time to alter and repeal the same. He shall cooperate with all other law- enforcing officers and agencies, and ahall at least once eAch quarter report fully in writing to the Council the condition, activities and needs of his departfent. Sec. 20. The Chief of Police shall be the head of the police force of the city, and all police officers shall be under his immediate direction and command. All pelice=afficers shall be considered deputies of the said Chief of Police and shall have like powers and duties with the Chief in regard to the �- ^anti- service <Qf process and arresting offenders with or without warrants. -5 _ 1 The Chief of Police must execute all process issued by the Police Justice or any committing magistrate of the city. He shall make arrests for breach of the peace, for commission of crime or misdemeanor, with or without warrant, as a peace officer may do under the laws of the State of Washington; he shall exercise vigilant control over the peace and quiet of the city and shall have supervision over the city jail. He shall keep a correct record of all arrests made by the police department, showing the time when and the cause of complaint upon which such arrest was made, and shall submit a written report at least once each month to the Commissioner of Public Health and Safety. The said Chief of Police shall perform other duties and have such other powers as shall be provided by ordinance. Sec. 21. The Fire Chief shall be fire marshal of the city and shall have immediate control and management of all fire engines and fire apparatus belong- ing to the city, and all members of the fire department shall be under his im- mediate control and command. He shall submit a written report to the Commiss- ioner of Public Health and Safety at least once a month, a statement of the condition, activities and needs of the fire department. He shall have such other powers and perform such other duties as the council may by ordinance provide. Sec. 22. The City Health Officer shall be a doctor of medicine duly licensed in the State of Washington. The Ci �y Health Officer shall have control of the health and welfare department under the direction of the Commissioner. The City may enter into contracts with any adjoining political sub - division of the State in the formation of and. in the support of a district health department. ARTICLE V. Department of Finance. Sec. 23. The Commissioner of Finance shall have charge of the department of finance and shall be responsible for the mstody of city funds and monies. He shall be ex- officio treasurer of the ci�y; he shall keep such accounts and .4- i make such reports and perform such other duties as are prescribed by this Charter or by ordinance. He shall designate one of his assistants as chief assistant and as city treasurer. He shall have charge, supervision and control of all piers, docks, wharves and municipal buildings and of municipally owned cemeteries. He shall be charged with the administration of the garbage depart- ment. During the disability or absence of the Mayor he shall preside at all meetings and act as Mayor pro tempore. Sec. 24. All revenues accruing to or belonging to the city shall be under the control of the Council and shall be paid out as authorized by this Charter, or by ordinance, by warrants on the Treasurer, drawn by the Clerk and signed by the Mayor. No warrant for the payment of money shall be drawn against any of the funds of the city until there shall be moneys sufficient to the credit of such fund to pay the same, together with warrants outstanding against said fund; provided, the city may, for the purpose of paying current running ex- penses of any fiscal year, provide by ordinance that General Fund warrants may be drawn in payment thereof to any amount not exceeding eighty per cent of the uncollected revenues anticipated in the budget adopted for the fiscal year in which said warrants are issued, and if said warrants are not paid upon presentment they shall be stamped by the City Treasurer with the date of pre- sentment, with the notation "Not paid for lack of funds", and thereafter said warrants shall bear interest at the rate of such per cent per annum as may be specified by the Council. Sec. 25. The Commissioner of Finance as treasurer shall receive all moneys due and belonging to the city, and all trust funds held by the city, and shall keep an accurate detailed account of the same in such manner as to show the exact financial condition of the city. He shall make a complete itemized report to the Council not later than the 15th day of the month follow- ing all moneys received and paid out by him during the preceding month. Said trea.siarer shall give to the clerk a daily statement of bank balances, of city -7- moneys and all moneys on hand. He shall not loan any of the funds or otherwise dispose of the same, except in accordance with law. He shall keep all funds and be responsible therefor and shall deposit the same in one or more banks of the City of Bremerton subject to the laws of the State of Washington and any rules and regulations which the Council may prescribe. Immediately after the annual tax levy, the Treasurer shall open and keep separate and distinct accounts with each special fund made necessary by law and shall credit such funds with taxes collected, and the same shall remain so credited and shall be Faid out only in the payment of warrants drawn against said fund. All funds voted by the people, by special tax or otherwise for a special purpose, shall be used for that purpose and for no other, and no funds shall be diverted from the purpose for which it was originally assessed, collected or voted by the people without the proposition therefor is submitted to a vote of the people and authorized by at least a majority vote at either a special or general election. The City Treasurer, appointed by the Commissioner, shall give such bond as required by the Council. ARTICLE VI. Department of Public Works and Utilities Sec. 26. The Commissioner of Public Works and Utilities shall be charged with the administration of the department of public works and utilities, which shall include the engineering department, street and sewers department, the mun- icipal water system, city building inspector, and any other utilities owned or acquired by the city. He shall appoint a City Engineer, Superintendent of Streets, Superintendent of Water, and Building Inspector, in which office there maybe other inspectors. The Commiss inner of Public Works and Utilities shall have supervision and control of all streets, public works, improvements, high- ways, roads and bridges belonging to the city or dedicated to public use, and of tl,P munir.1pn7 water system, and any other utilities owned or acquired by the City. Sec. 27. The City Engineer shall be an engineer of recognized ability and experience. He shall have supervision and charge of all engineering and sur- veying required in the prosecution of local improvements and shall do and per- form all other work that maybe required of him by the Council, whether the same pertains to the Department or to any other department of the city. He shall have possession of and keep all maps, surveys and field notes relative to sur- veys and plats of the city and of all streets and public places on file in the City Engineer's office in the city hall for public reference. Sec. 28. Superintendnnt of Water: The Superintendent of Water shall be charged with the control and operation of the municipal water system. Sec. 29. The City Building Inspector shall be charged with the issuance and granting of permits pertaining to the construction, repair, improvement or demolition of buildizTs. There shall be appointed by the Commissioner of Public Works and Utilities such other inspectors, such as electrical, plumbing and boiler, as may be provided by ordinance. kiTICLE VII. Sec. 30. City Clerk. It shall be the duty of the City Clerk to keep the corporate seal, and all papers and documents belonging to the city; to file them in his office under appropriate heads; to attend the sittings of the City Council and to keep a journal of their proceedings and records of all their resolutions and ordinances; to sign all warrants and licenses issued in pur- suance of the orders and ordinances of the City Council and to affix the corpor- ate seal on such licenses; to sign all deeds, leases, contracts, bonds and other documents when authorized by the Council; to keep an accurate account in a t e suitable book under appropriate heads of all expenditures, of all orders drawn upon the City Treasurer and of all warrants issued in pursuance thereof; to see that no liability is incurred or expenditure made from the treasury without due authority of law; also to keep an account in an appropriate book of all licenses issrnecl, with the names of the persons to whom issued, the date of issue, the time for which the same was granted and the sums paid therefor and to perform such other duties as he may be required to perform by the provisions of this Charter, or by ordinance. He shall appoint such deputies or assistants as may be necessary. The City Clerk shall have the power and it shall be his duty to purchase all msterial, supplies, equipment, and personal property of every kind for the the support and maintenance of the different departne nts of /city government, including the departments of each of the commissioners, and the offices of all appointive officers of the city; and it shall be tIB duty of the head of each department, or the commissioners in charge thereof, and all appointive officers of the city, to cause to be prepared estimates of the supplies re- quired for the proper conduct and maintenance of their respective departments and offices covering periods to be fixed by the City Clerk, and to forward the same to the City Clerk in accordance with his directions, and no such authorities, officers, departments, commissioner or any officer or employee thereof, shall have the authority to purchase any article for the use of said departments or office, and payments for all such supplies, material, equipment, and personal property, shall be charged to the budget of each of such depart- ments, securing such materials, supplies, equipment, or property in proportion to the amount received. Before any such purchase is made, the City Clerk shall ascertain the balance in the budget appropriated to such department or sub - division, and in the event the amount of such purchase added to the es- timated expense for the balance of the year as appropriated in such budget exceeds such budget, the purchasing agent shall refuse to make such purchase. The City Clerk shall be liable on his bond in the amount of any excess of expenditures over and above the sum appropriated in the budget to any department, where it can be shown that such excess of expenditures or indebt- edness was due to the purchasing of supplies, material, equipment, or other ia'oi�erty for the department in the amount of such excess. Provided that -10- when an emergency shall arise necessitating an expenditure for the preservation of peace, health, or safety, or for the carrying on of the necessary work re- quired by the law of any department, for which insufficient or no appropria- tions have been made, the head of such department or Commissioner shall submit to the City Council, and the City Clerk, duplicate copies of a sworn statement setting forth the facts constituting such emergency, and the estimated amount of money required therefor. If the Council shall approve such estimate in full or in part, they shall cause an emergency ordinance to be passed in the manner and form provaded by law, No voucher, bill, or claim for any supplies, material, equipment, or personal property, shall be honored or paid by the City Treasurer that is not accompanied by the voucher or approval of the City purchasing agent. In the erection, improvement and repair of all public buildings, and works, in all street and sewer work, and in furnishing supplies, material, and equip- ment for the same, or for any other use by the city, when expenditure required exceeds the sum of Five Hundred ($500.00) Dollars, the purchasing agent shall advertise for bids for the work contemplated, or for furnishing such supplies, materials or equipment, and ask for sealed proposals. The advertisement for bids shall distinctly and sp.�cifically state the character of the work con- templated and the kind of supplies, materials, or equipment required. Such notice shall be published three times in the official newspaper and advertised in such other manner as the purchasing agent shall deem advisable. The purchasing agent, with the consent of the Commission, may accept the proposal of the lowest responsible bidder, may reject any and all bids, may re- advertise for bids, or provide for the work to be done under the direction and supervision of the proper city official or department. No purchase of any supplies, material or equipment aggregating the sum of I'_ive Hundred ($500.00 Dollars) or more, shall be broken down or separated into parts to avoid the advertising for bids for supplies, material, or equipment, -11- ARTICLE VIII. Sec. 31. City Attorney: The legal department of the city shall consist of a City Attorney, appointed by the Mayor and confirmed by the Council, and such assistants as the Council may provide. All must be duly licensed attorneys of the State of Washington and qualified to practice in the Supreme Court. The City Attorney shall have practiced his profession within the State of Washington for not less than five years immediately preceding his appoint- ment. The City Attorney may remove his assistants at his pleasure. Sec. 32. The City Attorney shall be legal advisor of all officers, boards and departments of the city and shall bring and prosecute all actions which maybe directed by the Mayor or the Council, and defend the city in all actions against it and any action in which the city, any officer, board or department is a party. Sec . 33. The Council may at any time employ other or s pecial counsel, whose compensation shall be fixed by it at the time of employment, to take charge of special matters or to assist the City Attorney. , ARTICLE I.X. Civil Service. Sec. 34. Commission, Creation of: There is hereby established a Civil Service Commission, which shall be appointed by the Mayor and Council, which shall consist of three members, who shall be citizens of the United States, residents of the City for at least three years immediately preceding such appoint- ment and electors of Kitsap County. The term of office of such commissioners shall be for six years; except ttLit the first three members of such commission shall be appointed for different terms, as follows: One to serve for a period of two years, one to serve for a period of four y=5, cnd one to serve for a period of six years. Any vacancies in the Co.- .nPission shall be filled by the Connci]_for the unexpired term. Any member of said commission may be removed -12- from office for incompetency, incompatability or dereliction of duty, or mal- feasance in office, or other good cause, after charges in writing have been preferred, due notice given and a full hearing had. Sec. 35. COMMISSION, RULES AND POKERS: (a) The Commission, with the approval of the Council, shall make such rules and regulations for the conduct of its business and to enforce the purposes of this article as shall be necessary and proper. (b) The Commission shall provide for the classification of all employees ex cyt ing unskilled day laborers temporarily employed, the elective officers mentioned in the previous sections of this Charter and the appointive officers previously mentioned in this Charter except as hereinafter otherwise provided. (c) All full paid employees of the Fire Department and Police Department of the city shall be included under the provisions of this article, and all existing provisions of State law pertaining to such employees are hereby adopted and made a part hereof insofar as may be required to accomplish the purpose of this article in conformity with said lawa. (d) The commission, among other things, shall provide for open competitive and free examination as to fitness; for an eligibility list from which vacancies shall be filled; for a period of probation before employment is made permanent; and for promotion on the basis of merit, experience, and record. (e) Employees within the scope of this article who are in office at the time of the adoption of this Charter shall retain their positions, unless removed for cause, excepting that all appointive officers in Sec. 39, II, may be demoted at the pleasure of the appointing authority or officer. (f) The Council may, by ordinance, confer upon the commission such further rights and duties as may be deemed necessary to enforce and carry out the principles of this article. Sec. 36. SECRETARY AND CHIEF EXAMINER: The commission shall provide for the selection of a secretary and chief examiner and such assistants as may be necessary. -13- Sec. 37. COMMISSION, RULES AND REGULATICNS: The commission shall have power to make proper rules and regulations for the conduct of its business. Sec. 38. REMOVALS: An employee may be suspended by the head of the depart- ment under which he is employed and thereupon his compensation shall cease. The officer making the order shall forthwith filb with the Civil Service Commis- sion a statement of the suspension and the reasons therefor. Within ten days after his suspension, the employee so suspended may file an appeal with the Civil Service Commission. The commission shall thereupon cause notice of the time and place when and where a hearing on said appeal will be had, which hearing shall be within ten days after such appeal shall have been taken. The Commission shall cause written notice of the time and place when and where such hearing shall be had to be served on such Employees at least two days before the hearing. All such hearings shall be public. The commission shall render its decision in writing within five days after such hearing, and such decision shall be final. Sec. 39. CLASSIFICATION OF SERVICE: 1. There shall be excepted from the operation of this article the following: Mayor, Commissioner of Finance and Accounting, Commissioner of Public Works and Utilities, City Clerk and Purchasing Agent, City Attorney, Municipal Judge, Health Officer, and all non - salaried members of appointive boards and commission; 2. There shall be included within the scope of this act, excepting as may be otherwise prohibited by State law, all other appointive officers, including the following: City Treasurer, City Engineer, Superintendent of Streets, Building Inspector, Superintendent of Garbage, Superintendent of Water, and all other directors or heads of departments or heads of department subdivisions. All appointive officers set forth in 11 2" of this section, shall be subject to removal as such at any time by the appointing officers or authority and may be without cause returned to the place, position, or employment held by than, if any, in the classified civil snrv:i.ce immediately prior to their appointment, but shall not be discharged from -14- their employment under the classified civil service except for cause as herein provided. ARTICLE X Elections Sec. 40. A general municipal election, excepting the first election provid- ed for herein, shall be held on the first Monday in December, 1945, and triennially on the same date thereafter. A municipal primary election shall be held two weeks prior to each general municipal election. All other elections shall be known as special municipal elections. Sec. 41. Declaration of Candidacy: Not more than forty days nor less than thirty days before any primary municipal election any candidate for elective office shall present to the City Clerk a declaration of candidacy substantially in the form provided for candidates at any regular County or State election in the State of Washington, and shall pay upon the filing thereof a filing fee is the sum of 110 of the annual salary of the office for which such candidate files. The City Clerk, not later than the twenty -fifth day before each primary election shall file a certificate containing a complete list of the offices to be filled and the candidates who are entitled to have their name appear upon the ballot. An election notice containing a copy of the clerk's certificate and also the time and place of holding such election shall be published in the city official newspaper at least one week before the day of such election and a copy of such election notice shall be posted at all polling places at least seven days before the day of election. The clerk shall cause appropriate ballots for each municipal election to be prepared and in accordance with the requirements of the State law for the preparation of elections to State offices. Sec. 42. Canvass of Returns - Determination of Results of Election: Where any candidate receives a majority of all votes cast at such primary clecti_on for any office, the name or names of such candidate or candidates —15— receiving such majority shall be printed separately on the general election ballot and th4 name or names of no opposing candidate or candidates shall be printed on such ballot in opposition to such candidate or candidates, but spaces equaling the number of such majority candidates shall be left following such name or names in which the voter may insert the name of any person for whom he wishes to cast his ballot. In case no candidate receives a majority of all votes cast for the office to which he seeks election, then the two candidates receiving the highest number of votes for that respective office at the primary election shall be the only candidates at the general election. Provided, that if there be any person, who, under the provisions of this section, would have been entitled to become a candidate for any office, except for the fact that some other candidate received an equal number of votes there- for, than all such persons receiving such equal number of votes shall like- wise become candidates for such office. The candidate who shall receive the highest number of votes at such second election shall be declared to be elected to such office; provided, that if there be a tie, the candidates thus tying shall decide the name by lot under the direction of the then existing Council. Sec. 43. The provisions of any state law, now or hereafter in force, re- lating to the qualifications and registration of electors, the manner of voting, the duties of election officers, the canvassing of returns and all other provisions therein with respect to the management of elections, except as otherwise provided in this Charter, so far as they may be applicable, shall apply to all municipal elections. ARTICLE XI. Official Bonds. Sec. 44. Before entering on the duties of his office each elective officer shall furnish a good and sufficient surety bond, executed by a surety company authorized to do business in the State of Washington, in the sum of ten thousand ($10,000) dollars, except the Commissioner of Finance who shall furnish such bond in the sum of at least fifty thousand ($50,000) do1Lars -16- providing for the faithful performance of the duties as such officer and for the payment and delivery over of all moneys and property belonging to the City as provided by law. Such other officers and employees as the Council may determine by ordinance, shall furnish and file like bonds in the amounts fixed by such ordinances. The giving and approval of the bond of every appointive officer or Employee required by ordinance to give bond shall be a necessary part of the qualification of such officer or employee. Upon approval by the Council, the City shall pay a reasonable premium to a surety company for the execution of any bond required by this Charter or by ordinance. All bonds to be filed with the City Clerk, except the bond of the City Clerk which will be filed with the lay - or. The bonds of all elective officers shall be approved by the Judge of Superior Court for Kitsap County, and bonds of all appointive and other officers shall be approved by the Mayor and Council, and shall be approved as to form by the City Attorney. ARTICLE XII Recall Sec. 45. The holder of any elective office may be recalled and removed from said office as provided by law. ARTICLE XIII. Initiative and Referendum Sec. 46. Any proposed ordinance ma,y be submitted to the Council by petition, signed by registered voters equal in number to at least twenty -five percentum of the last preceding vote cast for all candidates for Mayor. All petitions circulated with respect to any proposed ordinance shall be uniform in character, shall contain the proposed ordinance in full, shall set forth the address of each person signing the same and the number of the precinct in which he resides, and shall be filed with the' City Clerk. -17- Sec. 47. Upon filing of such petition the City Clerk shall forthwith verify the sufficiency of the signatures thereto. If he finds them insufficient he shall forthwith notify the person filing the same, and twenty days shall be allowed for completion thereof. If he finds them sufficient, he shall forth- with submit them to the Council with his report, which shall take action within thirty days. Sec. 48. The Council may enact or reject any initiative ordinance, but shall not amend or modify the same. If the Council shall reject any ordinance or shall fail within thirty days to take final action thereon, the same shall be submitted to the qualified electors for their approval or rejection under a ballot title prepared therefor by the City attorney. Sec. 49. Referendum: If, prior to the date when any ordinance, excepting ordinances containing a statement that a public emergency specified therein exists, shall take effect, a petition signed by qualified electors of the City, equal in number to at least twenty -five percentum of the last preceding vote cast for candidates for Mayor, shall be filed with the City Clerk and verified as to sufficiency of signatures, as in the case of an initiative ordinance, such ordinance shall be suspended from taking effect, and the Council shall immediatel;r reconsider the same, and if it does not repeal such ordinance, it shall submit it to the qualified electors for their approval or rejection at the next municipal or special election under a ballot therefor prepared by the City Attorney. Sec. 50. Any ordinance initiated or referred may be submitted to the qualified electors for their approval or rejection at a special municipal election to be called in the manner provided by law. The Council by its own motion may submit any proposed ordinance to the qualified electors for their approval or rejection in the same manner as provided for its submission upon petition. Sec. 51. If a majority of the qualified electors voting upon any ordinance initiated or referred shall vote in favor thereof, the same shall take effect ten days after the election thereof, or the time fixed therein; provided that if the provisions of two or more ordinances conflict, the one receiving the highest vote shall prevail. Any ordinance initiated or referred failing of a majority shall be rejected. All iniatitive and referendum elections shall be conducted and publication of proposed ordinance shall be had in all respects in the same manner as elections submitting questions or propositions to the qualified electors. Sec. 52. No ordinance heretofore or hereafter enacted by vote of the people shall be amended or repealed by the Council unless such amendatory or repealing ordinance shall be submitted to the qualified electors for their approval or rejection in the same manner as is required by this Charter in res- pect to the submission of an ordinance initiated or referred. ARTICLE XIV. Franchises. Sec. 53. No exclusive franchise, right or privilege shall ever be granted, nor any frandhise, right or privilege given for a term longer than ten years, 4xcepting upon a majority vote of the electors, and in no event will a franchise ever be granted for a period longer than fifty years, nor any extension nor enlargement thereof extended beyond the unexpired term of the first or original franchise, right or privilege, nor any franchise right or privilege renewed or extended until within two years of the expiration thereof. Sec. 54. All franchises shall be granted by the majority vote of the Council and shall specify plainly the streets or other public places or parts thereof to which they apply, and no franchise shall be provided without pro- vision for proper compensation to the city therefor. The Council shall adopt such mode of determining the compensation to be paid by such grantee or assigns as it shall determine to be reasonable and just. Proposed ordinances for the -19- grant of franchises shall be filed with the Clerk and published once a week for two successive weeks in the city official newspaper before they shall be placed on first reading by the Council. No proposed ordinance granting any franchise shall be placed upon final passage within fifteen days after its first reading. Every applicant for a franchise shall bear all expense of advertising and sub- mitting the proposed ordinance, including the expense of election, if any. Sec. 55. The grant of every franchise shall be made expressly subject to the condition that the Council shall have the right with respect to any franchise so granted to hear and determine what are just, fair and reasonable rates, fares and charges for public service, and to order that only reasonable charges shall be imposed; to require reasonable extensionsof any public service system; to make such rules and regulations as may be required to secure adequate and proper service, and to provide sufficient accommodation for the public; to repeal, amend or modify the same; to cancel, forfeit and abrogate the same if the franchise, right or privilege is not operated or exercised in full, accord- ance with its provisions, or any part thereof, or at all; to acquire by purchase or condemnation upon a majority vote of the electors for the use of th4 city itself or its inhabitants, the property of the grantee at a fair and just value, which shall not include any valuation of the franchise, right or privilege, which shall thereupon terminate. Sec. 56. No franchise shall be transferred, sold or leased without the consent of the Council, under such rules and regulations as the Council may i;mpo se. ARTICLE XV. Finance and Taxation Sec. 57. The City's fiscal year shall be the calendar year. Sec. 58. The Council shall have authority to levy taxes upon all real and personal property, not exempt from taxation, each year in the sum of not -20- more than fifteen mills for all purposes. ARTICLE XVI. Public Utilities Sec. 59. The City shall have power to own and operate any public utility and may purchase, construct, condom or acgr-ire any public utility provided by law, and may make any additions or betterments or extensions of any existing utility, and the provision therefor shall be by Ordinance which shall specify and adopt the plan or system proposed and declare the estimated cost thereof as near as may be. Any ordinance for a newly owned and operated utility shall be submitted for ratification or rejection to the qualified voters of the city at a general or any special election called for that purpose. Provided, how— ever, that an ordinance providing for the extension, enlargement or improvement of an existing utility may be enacted by the Council as a matter of general municipal administration. ARTICLE XVII . Miscellaneous Sec. 60. All ordinances and resolutions in force at the time this Charter shall go into effect and not inconsistent therewith, shall remain in force until amended or repealed or until they expire by limitation. All rights and obligations in favor of or against the city existing at the time this Charter shall go into effect, shall continue without modification. All street and other improvements, all vacations of public streets, alleys or places, all assessments for improvements, all suits and actions in court, all fines and forfeitures and all other matters relating to the City that may have been begun and not com— pleted, shall be completed according to the Charter, ordinances and law exist— ing prior to the time this Charter shall go into effect, and all taxes and assessments levied and remaining unpaid when this Charter shall go into effect, shall be collected as provided by ordinances and laws existing and in effect at the time same were levied. —21— Sec. 61 All moneys possessed by and revenues accruing to the City, Pub- sequent to the time this Charter shall go into effect, shall continue to be accounted for in and to be di3bursed from the various funds existing at the time this Charter shall go into effect., urtij such time or times as, in the course of administration and reorganization, new funds be created by budget or other- wise established. When such new funds are established, the balances in funds replaced or discontinued, shall be credited by transfer or apportionment to the new funds to which such balances shall be assigned. Sec. 62 Whenever by the provisions of this Charter duties and functions performed by, through or under the supervision of any department, board or office have been transferred to some other department, board or ,office, the employees engaged in the performance of such duties and fuctions at the time this Charter shall go into effect, shall be transferred accordingly and be deemed to have been regularly appointed to the respective positions involved in the performance of such duties and fuctions, until removed therefrom in accordance with the provisions of this Charter. Sec. 63 Subject to the provisi ^ns of this Charter and of the existing laws of the State of Washington and the United States, the City or Council is authorized and empowered to deal collectively with its employees, through representatives of their own choosing, who shall, however, be qualified electors of the City of Bremerton, and to enter into written or oral contracts with such employee representatives. Sec. 64. Minimum rates of pay on day work or work under contract for the City shall be not less than the prevailing rate for similar work in the District. Sec. 65. No City employee shall be compelled, as a condition of continued employment to work under conditions more hazardous thzn those which normally apply to the job for which he was hired. Sec. 66. City departments shall be limited to work on City -owned propert-r and no department shall do contract or cost -plus work for individuals or firms except that the Municipal Water Department may do necessary installation, repair, renewal and maintenance work on water systems of water districts and ethers purchasing water from the City. -22- Sec 66(a) All claims for damages for personal injuries or for injuries to property sustained by any act of the city or any officer, agent, servant, or employee, must be presc!,�.•cd. -- o the City Council and filed with the City Clerk within thirty (30) c 3 rs ' .`,er the day w:nen such claira a.cc - nied. All such claims for damages must be in wr ting and verified and must accurately locate and describe the act causing the injury, describe the injury, giving the residence for six (6) months last past of the claimant and contain the items of damage claimed. No action shall be maintained against the city for any claim for damages until the same has been presented to the City Council and sixty (60) days have elapsed after such presentation. ARTICLE XVIII /amendments Sec. 67. The provisions of this Charter in respect to submission of legislation to the qualified voters shall apply to and include the proposal, submission and adoption of amendmt:nts to this Charter, except that publication, shall. be in the manner provided by the State Constitution and Laws. -23- FREEHOLDERIS CERTIFICATE STATE OF WASHINGTON) COUNTY OF KITSAP ) SS. CITY OF BREHERI'ON ) We, the undersigned freeholders of the City of Bremerton elected at the special Charter Election held in said City on the First day of July, 1942, under the provisions of the Constitution and laws of the S "ate of Washington_ to prepare a charter, do hereby certify that the foregoing Charter has been prepared by us, and is hereby submitted as the Charter fow said City. IN WITNESS WHEREOF, We have hereunto set our hands this Fifth day of August, A.D., 1942. ISI Marion Garland, Chairman Lulu D. Haddon, Secretary Fred A. Blair T.S. Morrison Tillman Peterson Vernon B. Mill George S or A.Callahan Willard W. Parker H. E. Gorman Frank W. Ryan Merrill Wallace A.E. Todd S.L. Kerr Goo. W. Martin H.W. Kuett MIlUEOGR0HED June 25, 1951 Includes Amendment 66(a) Passed Dec. 6, 1947. and Amendment to Sec. 6 passed Dec. 4, 1948.