The City of Alhambra, in addition to any other powers now held by or that may hereafter be granted to it under the constitution or laws of the state, shall have the right and power -
1. To have perpetual succession.
2. To exercise the right of eminent domain for the purpose of acquiring real or personal property of every kind for public use.
3. To acquire private property by excess condemnation when the same shall be permitted by the constitution or laws of the state.
4. To erect and maintain buildings for municipal purposes, and provide by purchase, lease, condemnation, construction or otherwise, and to establish, own, equip, maintain, conduct and operate any and all buildings, establishments, institutions and places, whether situated inside or outside of the city limits, which are necessary or convenient for the transaction of public business, or for promoting the health, morals, education or welfare of the inhabitants of the city or for their benefit.
5. To acquire by purchase, condemnation or otherwise, and to establish, maintain, equip, own and operate waterworks, gas works, electric light, heat and power works, or any other works for the produc-tion of a public utility, 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, and the product of any other public utility.
6. To acquire by purchase, lease, condemna-tion, construction or otherwise, and to establish, own, equip, maintain and operate telegraph, telephone, and telecommunications systems, cable, electric, steam, or other railways, and transportation service of any kind within or without the city.
7. To acquire by purchase, condemnation, construction, lease or otherwise, and to establish, maintain, equip, and operate tunnels and conduits through or under any street, right of way or any public property, for carrying wires, pipes, or other means of conduit, and to use or lease or rent to persons the use of such tunnels and conduits; provided, however, that the exclusive use of any tunnel or conduit shall never be leased or rented to any one person, firm or corporation unless by its nature the tunnel or conduit cannot be shared.
8. To sell, within or without the city, gas, water, electric current and any form of light, heat or power and all products of, or service by, any public utility conducted or operated by the city.
9. To acquire by purchase, condemnation or otherwise, such lands or other property within or without the city, as may be necessary or convenient for the establishment, maintenance and operation of any public utility or to provide for and effectuate any other public purpose, and to hold, use, improve, operate, control, lease, convey or otherwise dispose of the same for the benefit of the city.
10. To lease to persons, firms or corporations for the purpose of maintenance, operation or use, any public utility owned or controlled by the city, and to provide for the leasing of any lands now or hereafter owned by the city, except lands donated, purchased or used as public parks; provided, that any such lease for a term exceeding one year shall be made only to the highest responsible bidder, for a term not exceeding fifty years; and provided further, that the council may, at its discretion, reject any and all bids.*
10a. Any real property owned by the City of Alhambra may be leased for the purpose of producing or effecting the production of minerals, oil, gas or other hydrocarbon substances for any term which at the time the lease is executed may be permitted by the General Laws of the State of California and all such leases heretofore executed by the City of Alhambra are hereby validated.**
11. To join with one or more other munici-palities or public corporations for the purpose of the acquisition, development, construction and joint ownership, operation, control or use, whether within or without, or partly within and partly without the city limits, of parks and public utilities of every kind, including a source or sources of water supply, water, or the use of water; works, property or appliances for the disposition or destruction of garbage, the disposi-tion and treatment of sewage or refuse matter, or the disposition of storm water, upon the terms and condi-tions and to the extent provided by a general law or by ordinance; to enter into contracts or agreements of any nature with persons, firms or corporations, to effectuate the purposes hereof, to incur bonded indebtedness for any of such purposes; provided that the city shall not so join for any such purposes without the assent of a majority of the qualified electors of the city voting on the question at a general or special election at which such question shall be submitted.
12. To acquire by purchase or lease from any municipal corporation contiguous thereto, water or the use of water, electricity or the use of electricity for light, heat or power, upon such terms and condi-tions, for such compensation and during such period of time as is now or may hereafter be prescribed by Charters or laws then in force; to enter into contracts or agreements of any nature to effectuate the acquisi-tion of or right to use water or electricity for any of said purposes, and the distribution, sale or disposal of such water or electricity; to acquire or construct, equip, maintain, operate and use a distributing system and works necessary to supply therefrom the city and its inhabitants and also persons, firms and corpora-tions outside the city with water or electricity for light, heat or power: and to incur bonded indebted-ness for any of said purposes.
13. To receive bequests, gifts and donations of lands in fee simple, in trust, or otherwise, and of all other kinds of property, for charitable or other uses, and to manage, sell, lease or otherwise dispose of the same absolutely or in accordance with the terms of such bequest, gift, donation or trust, and to do whatever may be necessary to fulfill the purpose thereof.
14. To create, subject to the restrictions and limitations of the constitution and general laws of the State of California and of this Charter, indebtedness not to exceed in all fifteen per cent of the assessed valuation of all the real and personal property of the city, to pay the costs of municipal improvements, the acquisition of public utilities, or for any lawful purpose whatever, requiring an expenditure greater than the amount which can be appropriated for such purpose out of the annual tax levy.
15. To levy and collect taxes upon all property subject to taxation, for municipal purposes, subject to the provisions of this Charter, and to levy taxes exceeding the limit fixed by this Charter; provided, the proposition to make such levy shall have been authorized by two-thirds of the qualified electors voting thereon at a general or special election. At such election the council may be authorized in cases where public necessity requires the expenditure of any sum so voted before the next succeeding tax levy, to borrow such sum and provide in the next succeeding tax levy for its repayment with interest at not exceeding five per cent per annum. Or the council may be authorized to levy a special tax each year for a period of years not exceeding three years in all, for any permanent municipal improvement and the money so raised may be expended for such permanent municipal improvement each year after the same is collected and available.
16. To levy and collect, or cause to be levied and collected, assessments upon property according to frontage, or upon property in districts according to benefits, to pay for the opening, widening, vacating or improvement of streets, or for the construction in any public street, alley or other public place, or in any right of way owned by the city, of sewers, drains, water or gas mains, and lines and conduits, for transmitting electric current, and other pipes, mains, lines and conduits, or for other public improvement.
17. To sue and defend in all courts and places and in all actions and proceedings.
Editor's note:
*This subsection was amended by Assembly Concurrent Resolution No. 72, which was approved by the voters of the city at an election held June 7, 1966.
**This subsection was added by Assembly Resolution No. 9, chapter 16, 1952.
This section was amended by the voters of the city on March 26, 1996; and was further amended by the voters of the city on March 5, 2002.