provided, however, that if any of said officers are interested parties to said contest, the council shall designate a disinterested elector to act upon such board in the place of such officer. Such board shall be authorized by the council to employ such persons as may be necessary to assist them in conducting such recount, which shall be public, and conducted with due diligence to completion. Upon the completion thereof, such board. shall make a report in writing of the result thereof to the council, which shall thereupon declare the same; and if any person or persons other than the person or persons theretofore declared nominated, are found upon such recount to be entitled to such nomination, the council shall so declare and direct that the proper certificate of nomination be issued to such person or persons. Nothing in this section contained shall be construed to prevent any person from contesting any nomination by such judicial proceedings as may be otherwise authorized by law. In case the result of such primary nominating election is changed by such contest, the expense of such recount shall be paid by the city. Sec. 206v. The provisions of section 206u shall be appli- Tie vote. cable to any case where it appears from the canvass of the returns of any primary nominating election that two or more persons have received an equal number of votes as candidates for any office at such election, so that the result of such election does not determine which of such persons are entitled to be nominated as candidates for such office. Any elector of the city may, in the event of any such tie vote, obtain a recount of the ballots cast at such primary nominating election by filing a petition demanding such recount, setting forth specifically the following: (1) The name of the person demanding such recount, and that he is an elector of the city; (2) The names of the persons who received an equal number of votes, stating the office; (3) A statement of particulars of such errors in the counting of ballots, which, if corrected, will give a different result; (4) A demand for a recount of the ballots cast at such election. Such petition shall be signed, verified and filed as in said section 206u provided. The proceedings for such recount snall be conducted and the result thereof determined in the same manner and with the same force and effect as in said section provided, and the provisions thereof shall control in all matters pertaining to such proceedings so far as they may be applicable thereto. Sec. 206w. A substantial compliance with the provisions of this article shall be sufficient for the holding of any election hereunder, and for the approval or rejection of any ordinance, order or resolution submitted to a vote of the electors of the Duties. CHARTER AMENDMENT NUMBER THREE. That section 43 of the charter be amended to read as follows: CITY AUDITOR. Sec. 43. The city auditor shall be the general accountant of the city, and shall exercise a general supervision over all of the officers, boards and commissions of the city charged in any manner with the receipt, collection or disbursement of the moneys of the city. He shall have power to prescribe the method of installing, keeping and rendering all accounts of the several officers, boards or commissioners of the city; provided, however, that any change of the system of accounting shall first be authorized by the council. The city auditor shall keep in his office a complete set of accounts, which shall show, at all times, the financial condition of the city and the state of each fund, from what source the money was derived, and for what purpose any money was expended. He shall, on application of any person indebted to the city, holding money payable into the city treasury, or desiring to pay money therein, certify to the city treasurer the amount thereof, to what fund applicable, and by whom to be paid. He shall upon the deposit of the receipt of the city treasurer for money paid into the city treasury, charge the city treasurer with the amount received by him, and give the person paying the same a receipt therefor. It shall be his duty to apportion among the several funds all public money at any time in the city treasury, not by law or ordinance specifically apportioned and appropriated and forthwith notify the city treasurer of such apportionment or appropriation. He shall countersign and deliver to the proper officer all licenses. He shall report to the council at its second regular meeting of each month the condition of each fund in the city treasury and the amount drawn from each fund during the preceding month, and shall render to the council such other or special reports as it may from time to time require. He shall make and present a report to the council on or before the fifteenth day of August of each year, showing all financial transactions of the city for the fiscal year ending the 30th day of June last preceding. He shall audit and approve all demands against the city before payment, and keep a record of the same, as hereinafter provided in article XXI. The city auditor shall perform such other duties and exercise such further powers as may be elsewhere prescribed for him by the charter or by ordinance. He shall devote his entire time to the performance of the duties of his office. CITY ASSESSOR. Sec. 46. It shall be the duty of the city assessor, in addition to any duty that may be elsewhere prescribed for him by this charter or by ordinance, to make out, within such a time as may be prescribed by ordinance of said city, either now in force or that may hereafter be passed in pursuance hereof, a full, true and correct list of all the property, both real and personal, taxable by law, within the limits of said city, with the valuation thereof, and assess the same to the persons by whom it was owned or claimed, or in whose possession or control it was, at 12 o'clock meridian on the first Monday of March next preceding. of taxpayer. Each taxpayer in said city shall make and deliver to the city Statement assessor annually, and at such time as shall be provided for by ordinance, a statement under oath setting forth specifically all the real and personal property owned by such taxpayer, or in his possession or under his control at 12 o'clock meridian on the first Monday of March next preceding. It shall be the duty of the city assessor to collect the taxes on all personal property, when the owner of said property is not seized of real estate in said city sufficient to afford ample security for collection of said taxes. In all such cases he shall be governed in fixing the amount of the tax by the rate of the tax levy for the preceding year. Immediately after fixing the assessment on such property he shall serve on its owner or owners a notice in writing, which shall specify the assessed valuation of the property, the rate per cent and the amount of tax payable, and contain a demand for the payment of said tax within three days after service of said notice. Said notice shall be served personally, or by leaving a copy of the same at the last known place of residence of the person whose property is so assessed. Upon the expiration of said three days after such service, if the tax demanded still remains unpaid or payment thereof be not secured to the satisfaction of the city attorney and city assessor, the city assessor shall forthwith proceed to collect the same by seizure and sale of any personal property owned by the delinquent. The said sale shall be made by him in the manner provided in sections 3791, 3792, 3793, 3794, 3795 and 3796 of the Political Code of the State of California; provided, that the newspaper referred to in said section 3792 shall be published in the city, and shall be designated by the council. As soon as the rate is fixed for the year in which such collection is made, if it be found that a sum in excess of said rate has been collected, the excess must be repaid in the same manner as other demands against the city are paid, to the person from whom the collection was made, or to his assigns. And if a sum less than the rate fixed has been collected, the deficiency must be collected as other taxes on personal property are collected. Should the board of equalization reduce the valuation for the same year of the property so assessed, the sum collected in excess of said reduced valuation must be repaid in like manner, to the person from whom the collection was made, or to his Qualifications. Powers . assigns. And if the valuation of said property should be increased by said board, then the deficiency must be collected as other taxes on personal property are collected. The city assessor shall carefully note upon his assessment list and also upon a book to be kept by him for the purpose all collections made by him under this section, and shall turn over to the city treasurer all money received immediately upon its receipt. In case the city assessor shall fail to demand, and through his fault to collect, any and all taxes which by this section he is directed to collect, he shall be and become personally liable to the city for the amount of said delinquent taxes, with interest from the date of their assessment; and the council is authorized and directed to cause proper action or actions at law to be brought against him and the sureties on his official bond to recover the same. The mode of making out assessment lists, of ascertaining the value of property and of equalizing the same shall be such as is now or may hereafter be prescribed by the ordinances of the city. That section 47 of the charter be amended to read as follows: Sec. 47. The powers and duties of all boards and commissions provided for under this charter shall be such as are in this charter elsewhere set forth, and such as may be prescribed by ordinance. That section 49 of the charter be amended to read as follows: THE CITY ATTORNEY. Sec. 49. The city attorney must be qualified to practice in all the courts of this state, and he must have been so qualified for at least five years next preceding his election. He shall devote his entire time to the duties of his office. The powers and duties of the city attorney shall be as follows: (1) The city attorney must prosecute and defend for the city and duties. all actions at law or in equity, and special proceedings, for or against the city, or in which it may be legally interested, or for any officer of the city in any action or proceeding, when directed so to do by the council. (2) Whenever any cause of action at law or in equity or by special proceeding exists in favor of the city, the city attorney shall commence the same when within his knowledge or when directed so to do by the council. He shall give his advice or opinion in writing to any officer, board or commission of the city, when requested so to do by such officer, board or commission; provided, that the council shall have control of all litigation of the city, and may employ other attorneys to assist the city attorney therein. (3) He shall approve, by indorsement in writing, the form of all official or other bonds required by this charter, or by ordinance, before the same are submitted to the proper body, board or officer for final approval, and no such bond shall be approved without such approval as to form by the city attorney. He shall approve in writing the draft of all contracts before the same are entered into by or on behalf of the city. The city attorney shall do and perform all such other things affecting or relating to his office as may be required of him by ordinance. (4) The city attorney shall keep on file in his office copies of all written communications and opinions given by him to any officer, board or department; copies of all papers, briefs and transcripts used in causes wherein he appears, and books of record and registry of all actions or proceedings in his charge, in which the city, or any officer, board of commission is a party or is interested. (5) The city attorney may appoint such assistants, deputies, Assistants. clerks, stenographers and other persons as the council, by ordinance, shall prescribe; provided, however, that each assistant must at the time of his appointment be qualified to practice in all of the courts of the state, and must have been so qualified at least two years next preceding his appointment. That section 50 of the charter, relating to the office of superintendent of buildings, be repealed, and in place thereof a new section be added to the charter, to be known as section 50, and to read as follows: THE CITY PROSECUTOR. Sec. 50. The city prosecutor shall be appointed by the Appointmayor, subject to confirmation by the council. He must be at ment. the time of his appointment qualified to practice in all of the courts of this state, and he must have been so qualified for at least five years next preceding his appointment. He shall devote his entire time to the duties of his office. The city prosecutor may appoint such assistants, deputies, Assistants. clerks, stenographers and other persons as the council, by ordinance, shall prescribe; provided, however, that each assistant must at the time of his appointment, be qualified to practice in all of the courts of the state, and must have been so qualified at least two years next preceding his appointment. The powers and duties of the city prosecutor shall be as follows: (1) The city prosecutor shall be present, either in person, or Powers by his assistants or deputies at all sessions of the police court; and duties. and he shall institute, attend and conduct, on behalf of the people, all criminal cases arising upon violations of the provisions of this charter or the ordinances of the city, in the police court, and on appeal. (2) The city prosecutor shall draw complaints in such cases in said police court, and prosecute all recognizances and bail bonds forfeited in said police court. He shall prosecute all actions for the recovery of fines, penalties and forfeitures and other moneys accruing to the city of Los Angeles in said court. (3) Whenever it shall be authorized by the laws of this |