City of Emeryville Charter Adoption, Measure U (November 2014)

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A City of Emeryville Charter Adoption, Measure U ballot question was on the November 4, 2014 election ballot for voters in the city of Emeryville in Alameda County, California. It was approved.

This measure authorized the city of Emeryville to adopt a home rule charter specifically with the intention of assuming the authority to impose a property transfer tax. The adopted charter allowed for the possibility of adding other powers later through charter amendment ballot measures approved by voters. Measure V, which was be decided on the same November 4, 2014 election ballot, decided the fate of the proposed transfer tax; it was approved.

Without the approval of Measure U, Emeryville would have remained a general law city and would have continued to have the powers and restrictions dictated by the California Constitution and other relevant state laws. Since Measure U was approved, the powers of the city not spelled out or explicitly changed or granted in the charter shown below simply remain the same as the powers of a general law city.

Election results

Measure U
Result		Votes	Percentage
a Yes		1,314	57.61%
No		967	42.39%

Election results via: Alameda County Elections Office

Transfer tax

See also: City of Emeryville Real Property Transfer Tax, Measure V (November 2014)

City officials intended to use the authority of city charter adopted by the approval of Measure U to impose a property transfer tax. At the same November 4, 2014 election, they requested that voters approve Measure V, which allowed such a tax. Because Measure V depended on the authority of the charter proposed in Measure U, Measure V - the transfer tax measure itself - depended on the approval of Measure U. Measure U, however, did not depend on Measure V and would have been approved regardless of the fate of the related measure. If Measure U had been approved but Measure V had not, the city would have had the opportunity to present the property transfer tax to voters in a future election.

Text of measure

Ballot question

The question on the ballot:

“

To enhance local control over funding essential city services, shall the City of Emeryville Charter be adopted to establish Emeryville as a charter city with the ability to adopt a local real property transfer tax, subject to voter approval? The City Council's powers otherwise remain unchanged and are limited by State general law, and any other powers as a charter city would have to be approved by the voters.

”

Full text

The full text of the brief charter that was adopted by the approval of Measure U is shown below. Additions and amendments can be made through charter amendment ballot measures in the future.

“

CITY OF EMERYVILLE CHARTER ARTICLE I NAME AND BOUNDARIES 100. Name and Boundaries The municipal corporation now existing and known as the City of Emeryville, hereafter referred to as “the City,” shall remain and continue to be a municipal body corporate and politic, as at present, in name, in fact, and in law. ARTICLE II POWERS OF CITY 200. Exercise of Constitutional Power of Taxation The City of Emeryville adopts this Charter to exercise all constitutional powers conferred on cities under Article XI sections 7 and 5 of the California Constitution solely with respect to the powers over municipal affairs in relation to municipal revenues including taxation and assessment, and a system for the imposition, levy and collection of a tax on the conveyance of real property based on the value of the real property in addition to the amount authorized by California Revenue and Taxation Code section 11911. 201. Subject to General Laws Except as provided in this Charter with respect to the power of the City over municipal affairs in relation to municipal revenues including taxation and assessment, the powers of the City shall otherwise be constrained by, subject to, and governed by the general laws of the State as now and hereafter existing relating to cities organized under said general laws. 202. Severability If any provision of this Charter is found by a court of competent jurisdiction to be invalid, the remaining provisions of the Charter shall remain in full force and effect. ARTICLE III SUCCESSION 300. Rights and Liabilities The City shall remain vested with and continue to have, hold, and enjoy all property, rights of property, and rights of action of every nature and description now pertaining to this municipality, and is hereby declared to be the successor of same. It shall be subject to all the obligations, contracts, liabilities, debts, and duties that now exist against or with the City. 301. Ordinances, Codes, and Other Regulations All ordinances, codes, resolutions, regulations, rules, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent herewith, shall continue in force until repealed, amended, changed, or superseded in the manner provided by this Charter and any other applicable laws. 302. Pending Actions And Proceedings No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, or department thereof, shall be affected or abated by the adoption of this Charter, or by anything herein contained. ARTICLE IV FORM OF GOVERNMENT 400. Form of Government The form of government shall be that commonly known as the Council-Manager form of government. The City Council, consisting of five councilmembers elected at large for four year staggered terms, in the manner in effect when this Charter was adopted, shall establish the policy of the City and the City Manager shall carry out that policy.

”

See also

• Home rule charter on the ballot
• Home rule
• General law local government
• Alameda County, California ballot measures
• November 4, 2014 ballot measures in California

Related measures

a City of Emeryville Real Property Transfer Tax, Measure V (November 2014)

External links

Suggest a link

• Alameda County Elections Office website