Merced Municipal Code Art. XV Miscellaneous

Unless the provision or the context otherwise requires, as used in this Charter:

A. "Shall" is mandatory, and "may" is permissive;

B. "City" is the City of Merced and "department," "board," "commission," "agency," "officer," or "employee," is a department, board, commission, agency, officer, or employee as the case may be, of the City of Merced;

C. "County" is the County of Merced; and,

D. "State" is the State of California.

(Amended November 6, 2007).

The violation of any provision of this Charter shall be deemed a misdemeanor and be punishable upon conviction by a fine of not exceeding one thousand dollars or by imprisonment for a term of not exceeding one year or by both such fine and imprisonment.

If any provision of this Charter is held invalid, the remainder of the Charter shall not be affected thereby.

(Amended November 6, 2007).

Certificate

WHEREAS, the City of Merced, for years last past, has been and now is a city containing more than three thousand five hundred inhabitants, as ascertained by the last preceding census taken under the authority of the Congress of the United States or of the Legislature of the State of California; and

WHEREAS, on the 13th day of April, 1948, at a municipal election duly and regularly held on that day in the city under and in accordance with the provisions of Section 8 of Article XI of the Constitution of the State of California, the electors of said city did duly choose and elect

who are all electors of said city and eligible as candidates under said section, a board of fifteen freeholders to prepare a Charter for the government of said city; and

WHEREAS, the result of said election of freeholders was duly declared by the legislative body of the City of Merced on the 20th day of April, 1948, and said electors thereafter duly qualified as such freeholders in accordance with law;

Be it known that in pursuance of the provisions of said constitution and within the period of one year after the result of said election was so declared, the board of freeholders has prepared and does now propose the foregoing Charter as the Charter for the government of the City of Merced: and

Be it further known that said board of freeholders hereby requests said legislative body of the City of Merced to cause the publication of said proposed Charter as provided in said Constitution and does hereby fix and designate Tuesday the 12th day of April, 1949 as the date of the election at which the proposed Charter shall be submitted to the qualified electors of the City of Merced for their ratification and adoption;

In witness whereof, we, the duly elected, qualified and under signed freeholders of the City of Merced, County of Merced, State of California, have hereunto set our hands at the City of Merced, County of Merced, State of California, this 10th day of January, 1949.

ATTEST:

Emma L. Gaestel Secretary of the Board of Freeholders

We do hereby further certify and declare that the foregoing constitutes a full, true and correct statement of the actions and proceedings had by the City of Merced and the city council of said city in the matter of the election of a board of freeholders as contemplated in Section 8 of Article XI of the Constitution of the State of California, and in the preparation, proposal, filing, voting upon, and canvassing the returns and declaring the result of said election in the matter of the proposed Charter for the government of the City of Merced;

That the said Charter as hereinbefore set forth is a full, true and correct copy of the Charter as prepared and proposed by the said board of freeholders and filed in the office of the city clerk of said City of Merced, California, on the 10th day of January, 1949, and that the certificate or proposal of said board of freeholders attached thereto is a full, true and correct copy of said certificate or proposal of the said board of freeholders of the said City of Merced.

In witness whereof, we have hereunto set out our hands and hereunto affixed the seal of said City of Merced, this 23rd day of April, 1949.

A. Homer Griffin Mayor of the City of Merced ;34; A. H. Groesel City Clerk of the City of Merced

(SEAL) and,

WHEREAS, said Charter has been submitted to the Legislature of the State of California for approval or rejection without alteration or amendment in accordance with Section 8 Article XI of the Constitution of the State of California; now, therefore, be it

Resolved by the senate of the State of California, the assembly thereof concurring, a majority of all the members elected to each house voting therefor and concurring therein. That the said Charter as presented to, adopted, and ratified by the electors of the City of Merced and as hereinbefore set forth, be, and the same is hereby approved as a whole, as and for the Charter of the City of Merced.