Council to duties of depart ments. tempore. In case of the temporary absence or disability of both the mayor and vice-president, the council shall elect one of its members to be mayor pro tempore. In case of vacancy in the office of the mayor, the vice-president of the council shall act as mayor until such vacancy can be filled as provided in this charter. SEC. 27. The mayor shall annually and from time to time give the council information relative to the affairs of the city, and recommend to its consideration such matters as he may deem expedient. SEC. 28. The mayor shall be charged with the general supervision of all public utility companies in so far as they are subject to municipal control. He shall keep himself fully informed as to their compliance in all respects with the law, and he shall see that all franchises granted by the city are faithfully observed. The mayor shall, after making written recommendations to the council and receiving its approval, cause to be instituted such actions or proceedings as may be necessary to prosecute public utility companies for violations of law, and to revoke, cancel or annul all franchises that may have been granted by the city to any person, firm or corporation which have become forfeitable in whole or in part or which for any reason are illegal and void and not binding upon the city. The city attorney, on demand of the mayor, must institute and prosecute the necessary actions to enforce the provisions of this section. SEC. 29. The mayor shall exercise such other powers and perform such other duties as may be prescribed by law or ordinance. ARTICLE V. EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS. SEC. 30. The executive and administrative powers, authority and duties of the city, not otherwise provided for, shall be distributed among and assigned to five departments, as follows: 1. Department of public works, which department shall be assigned to the mayor. 2. Department of finance and revenue. 3. Department of fire and health. 4. Department of police. 5. Department of public supplies. SEC. 31. The council shall determine and assign the duties determine of the several departments, subject to the provisions of the preceding section; shall prescribe the powers and duties of officers and employees; may assign particular officers and employees to one or more of the departments; may require an officer or employee to perform duties in two or more departments, and may make such other rules and regulations as may be necessary or proper for the efficient and economical conduct of the business of the city. SEC. 32. The council at its first regular meeting after the election of its members, shall designate by majority vote one of council councilman to be commissioner of finance and revenue, one to Assignment be commissioner of fire and health, one to be commissioner of men to depolice, and one to be commissioner of public supplies. If the partments. council is unable to agree, the mayor shall have authority to make such designation. The council may change such designation by ordinance whenever it determines that the public service will be benefited thereby. ive SEC. 33. All appointive officers may be removed by a ma- Removal jority vote of the council. The council, at any time when in of appointits judgment the interests of the city so demand, may consoli- officers. date and place in charge of one such officer the functions and duties of two or more of such officers. SEC. 34. The council shall have power to appoint such other officers and deputies as the needs of the city may require and prescribe the duties pertaining thereto. ant. SEC. 35. The council shall employ, for a stipulated com- Accountpensation, a competent public accountant who shall examine, at least once each year, the books, records and reports of all officers and employees who receive or disburse city moneys; and the books, records and reports of such officers and departments as the council may direct, and make duplicate reports thereof, and present one to the mayor, and file one with the city clerk. One of said yearly examinations shall be made just prior to the expiration of the official term of office. Such accountant shall have unlimited privilege of investigation, to examine, under oath or otherwise, all officers, clerks and employees of the city, and every such officer, clerk and employee shall give all required assistance and information to such accountant, and submit to him for examination such books and papers of his office as may be requested, and failure to do so shall be deemed and held to be a forfeiture and abandonment of his office. The council shall provide for the payment of the services of such accountant. SEC. 36. Each department, board and commission shall Reports. annually, on such date as may be fixed by the council, render to the mayor a full report of all the operations of such department or commission for the year. SEC. 37. The council shall provide for the publication, in Publica pamphlet form or otherwise, of the annual reports of the tion. mayor and of the several departments, boards and commissions. office. SEC. 38. No member of the council, except the commis- Holding sioner of public supplies, who may be the purchasing agent of other city the city, shall hold any other municipal office or hold any office or employment the compensation of which is paid out of the municipal moneys; or be elected or appointed to any office created or the compensation of which is increased by the council while he was a member thereof, until one year after the expiration of the term for which he was elected. in con SEC. 39. No councilman or other city officer shall be inter- Not to be ested, directly or indirectly, in any contract to which the city interested is a party, or made by any officer of the city in behalf of the tracts. city. Any violation of this section shall be a misdemeanor, Political and religious and upon conviction thereof, besides the penalties that may be imposed by a court of competent jurisdiction, the council shall declare the office vacant, and any person convicted of a violation of this section shall be forever disqualified from holding any office under this charter. Nor shall any officer of the city be a surety on any bond given to the city, or to any person for the benefit of the city. SEC. 40. No appointment to position under the city government shall be made or be withheld by reason of any reliopinions. gious or political opinions or affiliations or political services, and no appointment to or selection for or removal from any office or employment, and no transfer, promotion, reduction, reward or punishment shall be in any manner affected by such opinions, affiliations or services. Powers. ARTICLE VI. THE COUNCIL. SEC. 41. The council shall be the governing body of the municipality. It shall exercise the corporate powers of the city, and, subject to the express limitations of this charter, shall be vested with all powers of legislation in municipal affairs adequate to a complete system of local government consistent with the constitution of the state. Quorum. SEC. 42. A majority of the members of the council shall constitute a quorum for the transaction of business at any meeting, but a less number may adjourn from time to time. and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordi President. Meetings. Open to public. Qualifications of members, etc. nance. SEC. 43. The mayor shall be president of the council and shall preside at its meetings when present. The council shall elect one of its number to be vice-president. SEC. 44. The council shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called. SEC. 45. All legislative sessions of the council, whether regular or special, shall be open to the public. SEC. 46. The council shall judge of the qualifications of its members and of all election forms and determine contested elections of all city offices. The council shall establish rules for the conduct of its proceedings and punish any member or any other person for disorderly behavior at any meeting and shall cause the city clerk to keep a correct journal of all proceedings, and shall cause the ayes and noes to be taken and entered on the journal on the final action upon the appointment or removal of officers, the granting of franchises, making of contracts, auditing bills, ordering work to be done or supplies furnished, disposing of or leasing city property, the passage of any ordinance, the ordering of assessments for street improvements, or building of sewers, or upon any other act that may involve the payment of money, or the incurring of a debt by the city, and upon the payment of the salaries of the municipal officers; and in all other cases upon the call of any member. clause. SEC. 47. The enacting clause of all ordinances passed by Enacting the council shall be in these words: "Be it ordained by the council of the city of Pomona as follows": No ordinance or resolution shall be passed or become effective without receiving the affirmative votes of at least three members of the council. dinances SEC. 48. No ordinance for any purpose shall be passed by When orthe council on the day of its introduction, nor within five become days thereafter nor at any other than a regular or adjourned regular meeting. an effective. No resolution or order for the payment of money shall be passed at any other time than at a regular meeting or an adjourned regular meeting. No resolution or ordinance granting any franchise shall be put upon its final passage within thirty days after its introduction, and no franchise shall be renewed before one year prior to its expiration. Approval SEC. 49. All resolutions and ordinances shall be signed by the mayor and attested by the city clerk and, before taking of mayor. effect, all ordinances shall be published at least once in a newspaper published in said city, or posted in at least three public places therein for a period of ten days. nances. SEC. 50. A true and correct copy of all ordinances shall "City ordibe kept and certified to by the city clerk in a book marked "City Ordinances." Such record copy, with such certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publication or posting of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case, but shall be returned to the custody of the city clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication or posting of an ordinance in the usual way. SEC. 51. No final action shall be taken in any matter con- Action concerning cerning the special department of any absent councilman special deunless such business has been made a special order of the day partment. by action at a previous meeting of the council, or such action is taken at a regular meeting of the council. ARTICLE VII. POWERS OF THE CITY AND OF THE COUNCIL. of city. SEC. 52. Without denial or disparagement of other powers Powers held under the constitution and laws of the state, the city of Pomona shall have the right and power: 1. To purchase, lease or receive such real estate and personal property within and without the limits of said city as may be necessary or proper for municipal purposes, and to operate, lease, control, dispose of and convey the same for the benefit of the city. 2. To erect and maintain buildings for municipal purposes. Powers of city. 3. To exercise the right of eminent domain for the purpose of acquiring real and personal property of every kind. 4. To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate libraries, reading-rooms, art galleries, museums, schools, kindergartens, parks, playgrounds, places of recreation, fountains, baths, public toilets, markets, market houses, abattoirs, dispensaries, infirmaries, hospitals, charitable institutions, jails, houses of correction and farm schools, workhouses, detention homes, morgues, cemeteries, crematories, garbage collection and garbage disposal and reduction works, street cleaning and sprinkling plants, quarries, and all other public buildings, places, works and institutions. 5. To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate water works, gas works, electric light, heat and power works, within or without the city, and to supply therefrom or purchase and supply the city and its inhabitants and also persons, firms and corporations outside the city, with water, gas and electricity. 6. To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate telephone and telegraph systems, cable, electric or other railways, and transportation service of any kind. 7. To sell gas, water, electric current and all products of any public utility operated by the city. 8. To acquire by purchase, condemnation or otherwise, within or without the city, such lands or other property as may be necessary for the establishment, maintenance and operation of any public utility or to provide for and effectuate any other public purpose; and to sell, convey, encumber and dispose of the same for the common benefit. 9. To lease to corporations or individuals for the purpose of maintenance and operation any public utility owned by the city. 10. To receive bequests, gifts and donations of all kinds of property, in fee simple, or in trust for charitable and other purposes, and to do all acts necessary to carry out the purpose of such bequests, gifts and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the bequest, gift or trust, or absolutely in case such bequest, gift or trust be unconditional. 11. To borrow money for any of the purposes for which the city is authorized to provide and for carrying out any of the powers which the city is authorized to enjoy and exercise and to issue bonds therefor; provided, that in the procedure for the creation and issuance of such bonded indebtedness the general laws of the State of California in force at the time such proceedings are taken shall be observed and followed. 12. To raise money by a special tax, in addition to the annual tax levy provided in section 119 of this charter. To authorize such special tax, the provisions of article XXI, relating to the initiative, or of article XXII, relating to the |