AgdaPkt 2018-06-25 Joint SA PFA - Laserfiche WebLink

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Page 19 of 45 ATTY/CHARTER AMENDMENTS/2018/2018 DRAFT CHARTER AMENDMENTS REV: 06-25-18 VR There shall be a cCity aAttorney appointed by the cCouncil. He They shall be an attorney admitted to practice in the Supreme Court of the State of California, and shall have been in actual practice in the state for at least three years next preceding his their appointment. The cCity aAttorney shall be the legal adviser of the cCouncil and all other cCity officials. He They shall draft all ordinances, resolutions, contracts or other legal documents or proceedings required by the cCouncil or other officials, except as may be otherwise provided, and shall perform such other legal services from time to time as the cCouncil may require. He They shall attend all meetings of the cCouncil and of the cCity pPlanning cCommission, unless excused therefrom by the cCouncil, the mMayor, or the cChairpersonman of the pPlanning cCommission, as the case may be. It shall be the duty of the cCity aAttorney to give advice in writing, when so requested, to the cCouncil, the cCity mManager, or the director of any department; to prosecute or defend, as the case may be, all suits or cases to which the cCity may be a party; to prosecute for all offenses against the ordinances of the cCity, and for such offenses against the laws of the sState as may be required by law. In addition to the duties imposed upon the cCity aAttorney by this cCharter or required of him them by ordinance or resolution of the cCouncil, they he shall perform any duties imposed upon the chief legal officer of municipalities by law. (Section 45 as amended deleted April 9, 1968, approved by Legislature April 29, 1968, Stats. 1968, Chapter 76.) Section 46. FRANCHISES: Every franchise or privilege to construct, maintain, or operate any railroad or other means of transportation in or over any street or highway, or to lay pipes or conduits, or erect poles or wires or other structures in or across any street or highway for the transmission of gas, electricity, or other service or commodity, or for the use of public property, or places now or hereafter belonging to the cCity, may be granted pursuant to procedure established by ordinance, or pursuant to the provisions of the general laws of the State relating to the granting of franchises; provided no new franchise or the renewal of an existing franchise shall be granted except upon condition that at least two per cent (2%) of the gross annual receipts derived from the use of such franchise shall be paid to the cCity. In all cases the applicant for a franchise shall advance the cost of advertising the same. Every such franchise shall require the grantee thereof to agree to a joint use of its property by others whenever practicable, and nothing herein shall be construed as prohibiting the Council from requiring additional terms or conditions not inconsistent with the constitution. No franchise or privilege so granted shall be sold, leased, assigned or otherwise alienated without the express consent of the Council given by ordinance and subject to referendum. (As amended 8.A. - Page 27