LIBRARY 
 
 UNIVERSITY OF ILLINOIS 
 
 
 CHARTER 
 
 of the City of 
 
 BERKELEY 
 
Digitized by the Internet Archive 
 in 2016 
 
 https://archive.org/details/charterofcityofbOOberk 
 
LIBRARY 
 
 UNIVERSITY OF ILLINOIS 
 URBANA 
 
BISHOP BERKELEY 
 
 “ Westward the course of empire takes its way 
 The four first acts already past, 
 
 A fifth shall close the drama with the day: 
 
 Time’s noblest offspring is the last.” 
 
 George Berkeley, Bishop of Cloyne, a distinguished 
 English philosopher and writer, after whom Berkeley, Cali- 
 fornia, is named, was born at Dysert Castle, near Thomas- 
 town, Ireland, March 12, 1685. Educated in Trinity College, 
 Dublin, he was appointed an Episcopal prelate, and devoted 
 himself to literature and to philanthropic efforts to establish 
 in America a college for the education and conversion of the 
 Indians to Christianity. He lived nearly four years in Rhode 
 Island, respected, esteemed and beloved by the people of 
 early New England. The British government neglected to 
 furnish the promised funds for the college, and, having 
 exhausted much of his own fortune in his benevolent design, 
 Bishop Berkeley was compelled to return to his native land. 
 So powerfully impressed had he become with the great future 
 of the American colonies that he wrote the famous poem, 
 “Destiny of America,” the concluding stanza of which is 
 quoted above. Alexander Pope, his most intimate friend, 
 declared he was “possessed of every virtue.” He died 
 January 14, 1753, at Oxford, England. 
 
CHARTER 
 
 of the 
 
 City (/Berkeley 
 
 PREPARED AND PROPOSED BY THE 
 
 BOARD OF FREEHOLDERS 
 
 Elected November 2 1,1908, in Pursuance of the Provisions of 
 Section 8, Article XI of the Constitution of the 
 State of California. 
 
 Ratified by the qualified electors of the Town of Berkeley at a 
 special municipal election held on January 30, 1909. 
 Subsequently presented to the Legislature 
 of the State of California and 
 thereafter approved. 
 
 In Effect July 1st, 1909 
 Amended in 1913, 1917 and 1923 
 
 PRINTED BY 
 THE GAZETTE PRESS 
 2034 CENTER STREET 
 BERKELEY 
 

 \ 
 
 Collection of Delos Franklin WilcoX 
 
 
A /?o7S3 
 > Oof- 
 
 CHARTER 
 
 OF THE 
 
 Article I. 
 II. 
 
 III. 
 
 IV. 
 V. 
 
 VI. 
 
 VII. 
 
 VIII. 
 
 IX. 
 
 X. 
 
 XI. 
 
 XII. 
 
 XIII. 
 
 XIV. 
 XV. 
 
 XVI. 
 
 City of Berkeley 
 
 Name and Rights of the City. 
 
 Boundaries. 
 
 Elections. 
 
 The Recall of Elective Officers. 
 
 Elective Officers. 
 
 The Mayor. 
 
 Executive and Administrative Departments. 
 The Council. 
 
 Powers of the City and of the Council. 
 Finance and Taxation. 
 
 Public Work and Supplies. 
 
 Franchises. 
 
 The Initiative. 
 
 The Referendum. 
 
 The Public Schools. 
 
 Miscellaneous. 
 
 ARTICLE I. 
 
 NAME AND RIGHTS OF THE CITY 
 
 Name of the City. 
 
 Sec. i. The municipal corporation now existing and 
 known as the Town of Berkeley shall remain and continue 
 a body politic and corporate in name and in fact, by the 
 -s-mame of the City of Berkeley, and by such name shall have 
 - perpetual succession. 
 
 Rights and Liabilities. 
 
 Sec. 2. The City of Berkeley shall remain vested with 
 ' and continue to have, hold and enjoy all property, rights of 
 property and rights of action of every nature and descrip- 
 tion now pertaining* to this municipality, and is hereby 
 declared to -be the successor of the same. It shall be 
 subject to all the liabilities that now exi,g|t against this 
 municipality. 
 
6 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 ARTICLE II. 
 
 BOUNDARIES 
 
 Sec. 3. The boundaries of the City of Berkeley shall be 
 as follows : 
 
 Beginning- at a point of intersection of the boundary 
 line between Alameda County and Contra Costa County, 
 California, with the eastern line of plot number eighty- 
 three (83) as said plot is shown on Kellersberger’s map of 
 the subdivision of the Rancho of Vincente and Domingo 
 Peralta, of record in the office of the County Recorder of 
 Alameda County; thence southerly along the eastern line 
 of said plot eighty-three (83) and plots eighty-two (82) 
 and eighty (80) and along the prolongation of said eastern 
 line of said plot eighty (80) southerly across plots seventy- 
 eight (78) and seventy-seven (77) and along the line 
 dividing plots seventy-four (74) and seventy-five (75), 
 all of said plots being portions of the subdivision of said 
 Rancho of Vincente and Domingo Peralta, to a point one 
 hundred and fifty (150) feet southerly from the northeast 
 corner of said plot seventy-five (75) of said Kellersberger’s 
 subdivision of said Rancho of Vincente and Domingo 
 Peralta, and one hundred (100) feet southerly from the 
 intersection of said line of said plot seventy-five (75) with 
 the southern line of Russell Street as located by survey, a 
 map of which is recorded in the office of the County Re- 
 corder of Alameda County, California, on page thirty-nine 
 (39) of Book Nineteen (19) of maps, said point on said 
 southern line of said Russell Street being identical with 
 the southern line of Public Road No. 3093 of Alameda 
 County — commonly called the tunnel road — at its point of 
 beginning; thence easterly and southeasterly along a line 
 one hundred (100) feet distant from and parallel with the 
 said southern line of said County Road No. 3093 to a 
 point six hundred and sixty (660) feet distant southerly 
 from and at right angles to the northern line of plot sev- 
 enty-four (74) as per Kellesberger’s subdivision of said 
 Rancho of Vincente and Domingo Peralta ; thence easterly 
 and parallel with said northern line of said plot seventy- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 7 
 
 four (74) to the eastern line thereof; thence southerly 
 along the eastern boundary of said plot seventy-four (74) 
 to the southeast corner thereof; thence westerly along the 
 southern boundary of plots seventy-four (74) and seventy- 
 six (76) to the Rancho Vincente and Domingo Peralta 
 and said line produced westerly to Claremont Avenue; 
 thence westerly across Claremont Avenue to the point of 
 intersection of the western line of said Claremont Avenue 
 with the southern line of the Colby Tract as indicated on 
 map of same, recorded on Page 76 of Map Book, No. 19, 
 in the office of the County Recorder of Alameda County; 
 thence westerly along the southern line of the Colby 
 Tract to the eastern line of Colleg'e Avenue; thence wes- 
 terly, crossing College Avenue at right angles to same, to 
 a point on the eastern boundary of the City of Oakland 
 one hundred and twenty-five (125) feet westerly from the 
 western line of College Avenue; thence northerly and par- 
 allel to College Avenue to a point twenty and seven-tenths 
 (20.7) feet at right angles southerly from the southern 
 line of Woolsey Street in the “Fairview Park” ; thence 
 westerly in a straight line to a point ninety-seven and 
 fifty-hundredths (97.50) feet at right angles southerly from 
 the southerly line of Woolsey Street in the Newbury 
 Tract, Berkeley, Cal., said point being on the prolongation 
 in a straight line northerly of the eastern boundary of the 
 Lorin Villa Tract; thence southerly along said prolonga- 
 tion of said eastern line of said Lorin Villa Tract, and 
 along the eastern line of said Lorin Villa Tract and said 
 eastern line of said Lorin Villa Tract produced in a 
 straight line southerly to a point one hundred and thirty- 
 five (135) feet southerly from the southern line of Alcatraz 
 Avenue; thence westerly and parallel with the said south- 
 ern line of Alcatraz Avenue to the line dividing plots num- 
 bers forty-six (46) and fifty-two (52) of Kellersberger’s 
 subdivision of the Rancho of Vincente and Domingo 
 Peralta; thence southerly along the said last line to a 
 point on said line one hundred and thirty-five (135) 
 feet southerly from the southern line of Todd Street, as 
 shown on map of Paradise Park; thence ! westerly and 
 parallel with the southern line of Todd Street to a point 
 
8 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 one hundred (ioo) feet westerly from the western line 
 of Occidental Street, as shown on said map of Paradise 
 Park (said Occidental Street being that street now known 
 as California Street) ; thence northerly and parallel with 
 said California Street to a point one hundred (ioo) feet 
 southerly from the southern line of Alcatraz Avenue; 
 thence westerly and parallel with said southern line of 
 Alcatraz Avenue to a point one hundred and sixty (160) 
 feet westerly from the western line of Idaho Street, as 
 shown on map of Herzog Tract; thence northerly and par- 
 allel with the said western line of said Idaho Street, as 
 shown on maps of the Herzog Tract and of the Rock 
 Island Tract, to a point one hundred (ioo) feet southerly 
 from the southern line of Blackstone Street, as shown on 
 map of the Rock Island Tract ; thence westerly and paral- 
 lel with the southern line of said Blackstone Street to a 
 point one hundred (ioo) feet westerly from the western 
 line of Mabel Street as shown on map of the Carrison 
 Tract, if said western line of said Mabel Street as located 
 east of said Carrison Tract were extended in a direct line 
 southerly; thence northerly, and parallel with the said 
 western line of said Mabel Street and the extension thereof 
 southerly, to a point one hundred (ioo) feet southerly from 
 the southerly line of Haskell Street as shown on map of 
 the Carrison Tract; thence westerly and parallel with the 
 said southern line of Haskell Street to the eastern line of 
 San Pablo Avenue; thence northerly along the said eastern 
 line of said San Pablo Avenue, ninety-five (95) feet; thence 
 westerly across San Pablo Avenue to a point on the west- 
 erly line thereof distant one hundred and ten (no) feet 
 northerly from the northern line of Union Street, as said 
 Union Street is shown on map of the Villa Homestead As- 
 sociation; thence westerly and parallel with the said north- 
 ernern line of said Union Street and parallel with the exten- 
 sion of said line of said Union Street to the western 
 boundary of Alameda County; thence northerly and along 
 the said western boundary of Alameda County to a point 
 from which a line drawn easterly at right angles to the 
 western line of First Street, in Tract “B” of the lands of 
 the Berkeley Land and Town Improvement Association 
 
CHARTER OF THE CITY OF BERKELEY 
 
 9 
 
 would intersect said western line of said First Street at 
 Codornices Creek; thence easterly in a straight line to the 
 point of intersection of the western line of said First Street 
 with Codornices Creek; thence easterly along said creek 
 to the corner common to Lots 186 and 187 of Peralta 
 Park, as shown on the map of the Resubdivision of Peralta 
 Park, filed August 29th, 1893, on page 4 of Map Book 
 No. 15, in the office of the County Recorder of Alameda 
 County ; thence northerly along the line dividing Lots 
 numbers 165 to 176 inclusive and numbers 178 to 186 in- 
 clusive on the east, and Lots numbers 187 to 204 inclusive 
 on the west to a point on the southern line of Lot No. 162, 
 all of said lots being of said resubdivision of Peralta Park; 
 thence westerly along the northern boundary line of Lot 
 204 to the corner common to Lots 161 and 162, thence 
 northerly along the line dividing said Lots 161 and 162 
 as shown on said map of Resubdivision of Peralta Park 
 to the southern line of Posen Avenue; thence northerly, 
 crossing Posen Avenue to a point on the northern line 
 of same at the corner common to Lots 116 and 117 of said 
 Resubdivision of Peralta Park ; thence northerly along 
 the line dividing Lots 117, 107 and 94 on the west from 
 Lots 1 16, 108 and 93 on the east to the corner common 
 to said Lots 93 and 94, on the northern boundary of said 
 Peralta Park; thence easterly along the northern line of 
 Peralta Park to the southeasterly corner of Lot Number 
 1 in Block Number 16 as surveyed in “Northbrae, Berke- 
 ley, California,” a map of which was filed in the office of 
 the Recorder of Alameda County on April 8th, 1907, on 
 page 65 of Map Book No. 22 ; thence northeasterly in a 
 straight line to a point on the northwesterly line of Mon- 
 terey Avenue as per map of “Northbrae,” where said 
 northwesterly line of Monterey Avenue intersects the 
 western line of that certain piece or parcel of land con- 
 veyed by George Sterling and Carrie R. Sterling to the 
 Berkeley Development Company by deed dated October 
 13th, 1906, and recorded at page 92 in book of Deeds 
 Number 1243; thence north 9 degrees 45 minutes west 
 along the western line of said last named piece or parcel 
 of land twenty-five hundred and fifty-eight (2558) feet, 
 
10 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 more or less, to the northwesterly corner of said piece 
 or parcel of land; thence north 80 degrees 15 minutes east 
 along the northerly line of said last named piece or parcel 
 of land twenty-nine hundred and nineteen and 89-100 
 (2919.89) feet to a point in the center line of County Road 
 Number 4398, said County Road being also commonly 
 known as Spruce Street, and designated as “Spruce Street” 
 on map entitled “North Cragmont, Berkeley, Cal,” filed in 
 the office of the County Recorder of Alameda County on 
 April 20th, 1908, pn page 84 of Map Book Number 23; 
 thence southerly and following the center line of said 
 County Road No. 4398 to its intersection with “Sawyer’s 
 partition Line” ; thence north 60 degrees 30 minutes east 
 along said “Sawyer’s partition Line,” said line being 
 identical with the northern line of “Tuohys Second Addi- 
 tion,” to the corner common to plots “Q” and “R” as 
 shown on map entitled “Map of the Undivided Mountain 
 and Hill Land of Vincente and Domingo Peralta Rancho 
 as partitioned by a degree of the Third District Court, 
 March 2nd, 1875,” filed in the office of the County Recorder 
 of Alameda County, October 6th, 1875, on page 30 of 
 Map Book Number 19; thence south 5 degrees east along 
 said line dividing said plots “ 0 ” and “R” eleven hundred 
 and sixteen and 72-100 (1116.72) feet to the northern 
 line of Berkeley, as per description in Charter adopted 
 March 5th, 1895 ; thence easterly along- said northern line 
 of Berkeley as per charter adopted March 5th, 1895, 
 line being identical with the northern lines of plots eighty- 
 four (84) and eighty-three (83) as per Kellersberger’s 
 map of the subdivision of the Rancho Vincente and 
 Domingo Peralta, of record in the office of the County 
 Recorder of Alameda County, to a point on the line 
 dividing Alameda County and Contra Costa County, said 
 point being the most northern point on the boundary of 
 said plot 83 ; thence southerly and southeasterly along said 
 line between said Alameda and Contra Costa counties to 
 the point of beginning. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 11 
 
 ARTICLE III. 
 
 ELECTIONS 
 
 General and Special Municipal Elections. 
 
 Sec. 4. A municipal election shall be held on the first 
 Tuesday in May, 1923, and biennially thereafter. All such 
 elections shall be known as regular municipal elections. All 
 other municipal elections that may be held shall be known as 
 special municipal elections. 
 
 Nomination and election of city officers. 
 
 Sec. 5. (1) All elective officers shall be elected by the 
 
 preferential system. The form of the ballots, the method 
 of conducting elections and the rules for counting the ballots 
 shall be governed by the provisions relating thereto herein- 
 after prescribed in this Article. 
 
 Condition of Candidacy. 
 
 (2) The name of a candidate shall be printed upon the 
 ballot when a petition of nomination shall have been filed 
 in his behalf in the manner and form and under the condi- 
 tions hereinafter set forth. 
 
 Form of nomination petition. 
 
 (3) The petition of nomination shall consist of not less 
 than twenty-fiVe individual certificates, which shall read 
 substantially as follows: 
 
 PETITION OF NOMINATION 
 
 Individual Certificate. 
 
 State of California, I 
 County of Alameda, > ss. 
 
 City of Berkeley, ) Prect. No 
 
 I, the undersigned, certify that I do hereby join in a 
 petition for the nomination of whose resi- 
 dence is at No Street, Berkeley, for the office of 
 
 to be voted for at the municipal election 
 
 to be held in the City of Berkeley on the day of 
 
 19 , and I further certify that I am a 
 
 qualified elector and am not at this time a signer of any 
 other petition nominating any other candidate for the above 
 
12 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 named office, or, in case there are several places to be filled 
 in the above named office, that I have not signed more 
 petitions than there are places to be filled in the above 
 
 named office; that my residence is at No 
 
 Street, Berkeley, and that my occupation is 
 
 (Signed) 
 
 State of California, 
 
 County of Alameda, 
 
 City of Berkeley, 
 
 - being duly sworn, deposes and says that 
 
 he is the person who signed the foregoing certificate and 
 that the statements therein are true and correct. 
 
 (Signed) 
 
 Subscribed and sworn to before me this day of 
 
 19 
 
 (Notary Public or Verification Deputy.) 
 The petition of nomination of which this certificate forms 
 
 a part shall, if found insufficient, be returned to 
 
 at No Street, Berkeley, Cal. 
 
 Forms to be supplied by the City Clerk. 
 
 (4) It shall be the duty of the City Clerk to furnish 
 upon application a reasonable number of forms of indi- 
 vidual certificates of the above charter. 
 
 Requirements of certificate. 
 
 (5) Each certificate must be a separate paper. All cer- 
 tificates must be of a uniform size as determined by the 
 City Clerk. Each certificate must contain the name of one 
 signer thereto and no more. Each certificate shall contain 
 the name of one candidate and no more. Each signer must 
 be a qualified elector, must not at the time of signing a 
 
CHARTER OF THE CITY OF BERKELEY 
 
 13 
 
 certificate have his name signed to any other certificate 
 for any other candidate for the same office, nor, in case there 
 are several places to be filled in the same office, signed to 
 more certificates for candidates for that office than there 
 are places to be filled in such office. In case an elector has 
 signed two or more conflicting certificates, all such certificates 
 shall be rejected. Each signer must verify his certificate and 
 make oath that the same is true before a notary public or 
 a verification deputy, as provided for in this section. Each 
 certificate shall further contain the name and address of 
 the person to whom the petition is to be returned in case 
 said petition is found insufficient. 
 
 Verification deputies. 
 
 (6) Verification deputies, under this section, must be 
 qualified electors of the City and shall be appointed by the 
 City Clerk upon application in writing signed by not less 
 than five qualified electors of the City. The application 
 shall set forth that the signers thereto desire to procure 
 the necessary signatures of electors for the nomination of 
 candidates for municipal office at an election therein speci- 
 fied, and that the applicants desire the person or persons 
 whose names and addresses are given, appointed as veri- 
 fication deputies, who shall upon appointment be author- 
 ized and empowered to take the oath of verification of the 
 signers of petitions of nomination. Such verification 
 deputies need not use a seal, and shall not have power to 
 take oaths for any other purpose whatsoever, and their 
 appointments shall continue only until all petitions of nomi- 
 nation, under this section, shall have been filed by the City 
 Clerk. 
 
 Date of presenting petition. 
 
 (7) A petition of nomination consisting of not less 
 than twenty-five individual certificates for any one candi- 
 date, may be presented to the City Clerk not earlier than 
 forty-five days nor later than thirty days before the elec- 
 tion. The Clerk shall endorse thereon the date upon which 
 the petition was presented to him. 
 
14 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Examination of petitions by City Clerk. 
 
 (8) When a petition of nomination is presented for 
 filing to the City Clerk, he shall forthwith examine the 
 same, and ascertain whether it conforms to the provisions 
 of this section. If found not to conform thereto, he shall 
 then and there in writing designate on said petition the 
 defect or omission or reason why such petition cannot be 
 filed, and shall return the petition to the person named as 
 the person to whom the same may be returned in accord- 
 ance with this section. The petition may then be amended 
 and again presented to the Clerk as in the first instance. 
 The Clerk shall forthwith proceed to examine the petition 
 as hereinbefore provided. If necessary, the Council shall 
 provide extra help to enable the Clerk to perform satisfac- 
 torily and promptly the duties imposed by this section. 
 
 Withdrawal of signature. 
 
 (9) Any signer to a petition of nomination and cer- 
 tificate may withdraw his name from the same by filing 
 with the City Clerk a verified revocation of his signature 
 before the filing of the petition by the Clerk, and not other- 
 wise. He shall then be at liberty to sign a petition for 
 another candidate for the same office. 
 
 Withdrawal of candidate. 
 
 (10) Any person whose name has been presented under 
 this section as a candidate may, not later than twenty-five 
 days before the day of election, cause his name to be with- 
 drawn from nomination by filing with the City Clerk a 
 request therefor in writing, and no name so withdrawn 
 shall be printed upon the ballot. If upon such withdrawal 
 the number of candidates remaining does not exceed the 
 number to be elected, then other nominations may be made 
 by filing petitions therefor not later than twenty days prior 
 to such election. 
 
 Filing of petitions. 
 
 (11) If either the original or the amended petition of 
 nomination be found sufficiently signed as hereinbefore 
 provided, the Clerk shall file the same twenty-five days be- 
 fore the date of the election. When a petition of nomi- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 15 
 
 nation shall have been filed by the Clerk it shall not be 
 withdrawn nor added to and no signature shall be revoked 
 thereafter. 
 
 Preservation of petitions. 
 
 (12) The City Clerk shall preserve in his office for a 
 period of two years all petitions of nominations and all 
 certificates belonging thereto filed under this section. 
 
 Election proclamation. 
 
 (13) Immediately alfter such petitions are filed, the 
 Clerk shall enter the names of the candidates in a list, with 
 the offices to be filled, and shall not later than twenty days 
 before the election certify such list as being the list of 
 candidates nominated as required by the Charter of Berke- 
 ley, and the Council shall cause said certified list of names 
 and the offices to be filled, designating whether for a full 
 term or unexpired term, to, be published in the proclama- 
 tion calling the election at least, ten successive days before 
 the election in not more than twoi daily newspapers of 
 general circulation published in the City of Berkeley. Said 
 proclamation shall conform in all respects to the general 
 State law governing the conduct of municipal elections, 
 now or hereafter in force, except as above required. 
 
 Form of ballots. 
 
 (14) The City Clerk shall cause the ballots to be printed 
 and bound and numbered as provided for by State law ex- 
 cept as otherwise required in this Charter. The ballots shall 
 contain the list of names and the respective offices, as pub- 
 lished in the proclamation. The ballots shall be marked 
 according to the following instructions, which shall be printed 
 at the top of each ballot under the heading of “Instructions 
 to Voters;” 
 
 Put the figure 1 oposite the name of your first choice for 
 each office to be filled. If you want to express also second 
 choices, do so by putting the figure 2 opposite the name of 
 your second choice for each office to be filled. In this way 
 you may express as many as two choices. When you ex- 
 press second choice you are surer to make your ballot count 
 for one of the candidates you favor. 
 
16 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 This ballot will not be counted for your second choice, 
 unless it is found that it cannot help your first choice. 
 
 A ballot is spoiled if the figure i or the figure 2 is put 
 opposite more names than the number of persons to be 
 elected to a particular office. If you spoil this ballot, tear 
 it across once, return it to the election officer in charge of 
 the ballots and obtain another. 
 
 Requirements of Ballot. 
 
 (15) All ballots printed shall be precisely on the same 
 size, quality, tint of paper, kind of type, and color of ink, 
 so that without the number it would be impossible to dis- 
 tinguish one ballot from another; and the names of all 
 candidates printed upon the ballot shall be in type of the 
 same size and style. A column may be provided on the 
 right hand side for charter amendments or other questions 
 to be voted upon at the municipal elections, as provided 
 for under this Charter. The names of the candidates for 
 each office shall be arranged in alphabetical order, and 
 nothing on the ballot shall be indicative of the source of 
 the candidacy or of the support of any candidate. 
 
 Every nominee to be on ballot. 
 
 (16) The name of no candidate who has been duly and 
 regularly nominated, and who has not withdrawn his name 
 as herein provided, shall be omitted from the ballot. 
 
 Arrangement of offices on ballot. 
 
 (17) The offices to be filled shall be arranged in sepa- 
 rate columns in the following order : 
 
 “For Mayor (if any) vote for one.” 
 
 “For Auditor (if any) vote for one.” 
 
 “For Councilman (if any) vote for (giving number).” 
 “For School Directors (if any) vote for (giving num- 
 ber).” 
 
 Space for voting cross. 
 
 (18) Half-inch square shall be provided at the right of 
 the name of each candidate wherein to mark the cross. 
 
 Blank space for additional candidates. 
 
 (19) Half-inch spaces shall be left below the printed 
 names of candidates for each office equal in number to the 
 
CHARTER OF THE CITY OF BERKELEY 
 
 17 
 
 number to be voted for, wherein the voter may write the 
 name of any person or persons for \vhom he may wish to 
 vote. 
 
 Sample Ballots. 
 
 (20) The Clerk shall cause to be printed sample ballots, 
 identical with the ballot to be used at the election and 
 shall furnish copies of the same on application to registered 
 voters at his office at least five days before the date fixed’ 
 for such election, and shall mail one such ballot to each 
 voter entitled to vote at such election, so that all of said 
 sample ballots shall have been mailed at least three whole 
 days before said election. 
 
 Rules for Counting Ballots. 
 
 Section 5^4. Ballots cast for the election of elective offi- 
 cers shall be counted and the results determined by the elec- 
 tion authorities according to the following rules : 
 
 ( 1 ) On all ballots a cross shall be considered equivalent 
 to the figure 1 . So far as may be consistent with the general 
 election laws, every ballot from which the first choice of the 
 voter can be clearly ascertained shall be considered valid. 
 
 (2) The ballots shall first be counted at the several 
 voting- precincts according to the first choices of the voters. 
 At each voting precinct the ballots declared invalid by the 
 precinct officials shall be put up in a separate package, 
 properly marked on the outside. All the packages of the 
 precinct, together with a record of the precinct count, shall 
 be promptly forwarded to the central election authorities as 
 directed by them and the counting of the ballots shall pro- 
 ceed under their direction. 
 
 (3) After the review of the precinct count by the 
 central election authorities and the correction of any errors 
 discovered therein, the first-choice votes for each candidate 
 shall be added and tabulated. This completes the first count. 
 
 (4) All candidates the number of whose votes on the 
 first count equal a majority of votes cast for that office shall 
 then be declared elected. 
 
 (5) If no candidate has a majority, the lowest candidate 
 is excluded and his votes only are scrutinized again and 
 
18 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 the second choice votes are added to the votes of the other 
 candidates as the preferences indicate. 
 
 (6) If no candidate has a majority the lowest remaining 
 candidate is excluded and his votes only are scrutinized again 
 and added to the votes of the other candidates as the prefer- 
 ences indicate. The candidates are in this manner successive- 
 ly excluded until only two are left, the candidate having the 
 majority vote, between these two shall be declared elected. 
 
 (7) Any tie vote not otherwise provided for in this 
 section shall be decided by lot. 
 
 (8) The ballots shall be preserved by the election au- 
 thorities until the end of the term for which the officers are 
 elected. 
 
 Any recount of the ballots shall be made by the central 
 election authorities in accordance with this section except 
 that the references to voting precincts may be neglected. In 
 any recount every ballot shall be made to take the same 
 course that it took in the original counting unless there is 
 discovered a mistake that requires its taking a different 
 course or unless some candidate has become ineligible since 
 the original counting. In either of these cases any required 
 changes shall be made in the courses taken by the ballot. 
 These principles shall apply also to the correction of any 
 error that may be discovered during the original counting. 
 
 (9) The candidates or their agents, representatives of the 
 press, and, so far as may be consistent with good order and 
 with convenience in the counting and transferring of the 
 ballots, the public shall be afforded every facility for being- 
 present and witnessing these operations. 
 
 That Subsections 21, 22, 23 and 24 of Section 5 of Article 
 III and all portions of said Charter in conflict with the fore- 
 going provisions be and the same are hereby repealed. 
 
 Failure of person elected to qualify. 
 
 (25) If a person elected fails to qualify, the office shall 
 be filled as if there were a vacancy in such office, as here- 
 inafter provided. 
 
 Informalities in election. 
 
 (26) No informalities in conducting municipal elections 
 shall invalidate the same, if they have been conducted fairly 
 
CHARTER OF THE CITY OF BERKELEY 
 
 19 
 
 and in substantial conformity to the requirements of this 
 Charter. 
 
 Regulation of Elections. 
 
 Sec. 6 (i) The City Council shall make all needful rules 
 and regulations, not inconsistent with the provisions of the 
 Preferential System of elections as set forth in this Charter 
 or with the general law, for the conduct of elections, for 
 the prevention of fraud in elections, and for the recount of 
 the ballots in case of doubt or fraud, provided that the 
 Council shall meet as a canvassing board and duly canvass 
 the election returns within four days after any municipal 
 election. 
 
 Voting machines. 
 
 (2) In case voting machines shall be used at municipal 
 elections, the Council shall have power, by ordinance, to' 
 modify the provisions of Section 5 so far as may be neces- 
 hary to adapt them to the use of voting machines. 
 
 ARTICLE IV. 
 
 RECALL OF ELECTIVE OFFICERS 
 Applies to all elective officers. 
 
 Sec. 7. (1) Every incumbent of an elective office, 
 
 whether elected by popular vote or appointed to fill a vacancy, 
 is subject to recall by the voters of the city. The procedure 
 to effect such removal from office shall be as follows : 
 
 Petition for recall. 
 
 (2) A petition signed by qualified electors equal in 
 number to twenty per centum of the entire vote cast for 
 Mayor at the last preceding general municipal election at 
 which a Mayor was elected, demanding an election of a 
 successor of the officer sought to be removed, shall be ad- 
 dressed to the Council and presented to the City Clerk. 
 The petition may request such election to be held at a special 
 municipal election or at the next general municipal election. 
 The petition must contain a statement of the reasons for the 
 demand. 
 
 Provisions of Section 5 apply. 
 
 (3) The provisions of Section 5 respecting the forms 
 and conditions of the petition and the mode of verification 
 
20 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 and certification and filing shall be substantially followed., 
 with such modifications as the nature of the case requires- 
 
 Election under recall petition. 
 
 (4) If the officer sought to be removed shall not resign 
 within five days after the petition is filed by the City Clerk, 
 and if the petition requests a special election, the Council 
 shall cause a special election to be held within forty-five 
 days to determine whether the people will recall said officer, 
 or, if a general municipal election is to occur within sixty 
 days, the Council may in its discretion postpone the holding 
 of such election to such general municipal election. 
 
 Grounds of recall. Officer’s justification. 
 
 (5) In the published call for the election there shall be 
 printed in not more than two hundred words the reasons 
 for demanding the recall of the officer as set forth in the 
 Recall petition, and in not more than two hundred words 
 the officer may justify his course in office. 
 
 Candidates. Election. 
 
 (6) The officer sought to be removed shall be deemed 
 a candidate and, unless -he resigns, his name shall be printed 
 on the ballot. The nomination of other candidates and the 
 election shall be in accordance with the provisions of Sec- 
 tion 5. 
 
 Incumbent removed. 
 
 (7) The officer sought to be removed, shall, if he do not 
 resign, continue to perform the duties of his office until 
 the election, and, if he fail of election, he shall be deemed 
 removed from office. 
 
 No recall petition for first three months. 
 
 (8) No recall petition shall be filed against any officer 
 until he has actually held his office for at least three months. 
 
 Incapacity of recalled official. 
 
 (9) No person who has been recalled from an elective' 
 office, or who has resigned from such office while recall 
 proceedings were pending against him, shall be appointed 
 to any office within one year after such recall or resignation.. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 21 
 
 Further regulations. 
 
 (io) The Council may by ordinance make such further 
 regulations as may be necessary to carry out the provisions 
 •of this section, and to adapt the provisions of Section 5 
 thereto. 
 
 ARTICLE V. 
 
 ELECTIVE OFFICERS 
 
 The elective officers. 
 
 Sec. 8. The elective officers of the City shall be a Mayor, 
 an Auditor, eight Councilmen and four School Directors. 
 
 The Council shall consist of the Mayor and eight Council- 
 men, each of whom, including the Mayor, shall have the 
 right to vote on all questions coming before the Council. 
 
 The Board of Education shall consist of four School Di- 
 rectors and the Mayor, each of whom, including the Mayor, 
 shall have the right to vote on all questions coming before 
 the Board. 
 
 Elected at large. 
 
 Sec. 9. The Mayor, Auditor, Councilmen and School 
 Directors shall be elected at the general municipal election 
 on a general ticket from the City at large. 
 
 Eligibility of Mayor, Auditor, and Councilmen. 
 
 Sec. 10. To be eligible for the office of Mayor, Auditor 
 *or Councilman, a person, must be a citizen of the United 
 States and qualified elector of the State of California and 
 of the City of Berkeley. 
 
 Eligibility of School Directors. 
 
 Sec. 11. To be eligible for the office of School Director, 
 a person must be a citizen of the United States of the age 
 of twenty-one years and a resident of the City of Berkeley. 
 
 Vacancy in office of Mayor, Auditor or Councilman. 
 
 Sec. 12. If a vacancy shall occur in the office of Mayor, 
 Auditor or Councilman, the Council shall appoint a person 
 to fill such vacancy. If at any municipal election held under 
 **Sections 5 and 5^4 of this Charter a Mayor, Auditor or 
 
 * Erroneously specifies “Auditor of Councilman” in Act approv- 
 ing Charter. 
 
 ** Correction inadvertantly overlooked in preparation of amend- 
 ment to Charter. Erroneously specifies “Subdivision 22 of Section 5.” 
 
22 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 the required number of Councilmen be not elected by 
 reason of a tie vote among any of the candidates therefor, 
 then the Council, after the qualification of the persons, if 
 any elected thereto at such election, shall appoint one of the 
 persons receiving such tie vote to fill such office as in the 
 case of a vacancy therein. In each case the person so ap- 
 pointed shall hold office, subject to the provisions of the 
 Recall until the next general municipal election. 
 
 Vacancy in office of School Director. 
 
 Sec. 13. If a vacancy shall occur in the office of School 
 Director, the Board of Education shall appoint a person to 
 fill such vacancy. If at any municipal election held under 
 * Sections 5 and 5 J 4 of this Charter a School Director 
 be not elected by reason of a tie vote among any of the 
 candidates therefor, then the Board of Education after the 
 qualification of the persons, if any, elected thereto at such 
 election, shall appoint one of the persons receiving such tie 
 vote, to fill such office as in case of a vacancy therein. In 
 each case a person so appointed shall hold office, subject to 
 the provisions of the Recall, until the next general municipal 
 election. 
 
 Mayor’s and Auditor’s term of office. 
 
 Sec. 14, The Mayor and Auditor shall each hold office 
 for a term of four years from and after the first day of 
 July after his election and until his successor is elected and 
 qualified. 
 
 Councilmen’s term of office. 
 
 Sec. 15. The Councilmen shall hold office for a term of 
 four years from and after the first day of July after their 
 election and until their successors are elected and qualified. 
 Provided, that the Councilmen first elected after the adop- 
 tion of this amendment shall, at their first meeting*, so 
 classify themselves by lot that four of them shall hold office 
 for two years and four of them for four years. 
 
 At each general municipal election after the first election 
 held after the adoption of this amendment, there shall be 
 elected four Councilmen. 
 
 * Correction inadvertantly overlooked in preparation of amend- 
 ment to Charter. Erroneously specifies “Subdivision 22 of Section 5.” 
 
CHARTER OF THE CITY OF BERKELEY 
 
 23 
 
 School Director’s term of office. 
 
 Sec. 1 6. The School Directors shall hold office for a 
 term of four years from and after the first day of July 
 after their election and until their successors are elected and 
 qualified. Provided, that the School Directors first elected 
 under this Charter shall, at their first meeting, so classify 
 themselves by lot that two of them shall hold office for two 
 years and two of them for four years. 
 
 At each general municipal election after the first under 
 this Charter there shall be elected two School Directors. 
 
 Official bonds. 
 
 Sec. 17. The Mayor, the Auditor, each Councilman, the 
 City Manager, and each School Director shall, before enter- 
 ing upon the duties of his office, give and execute to the City 
 a bond with a surety company as sole surety, the Auditor 
 in the penal sum of $10,000, the Mayor, each Councilman 
 and each School Director in the penal sum of $2,000. 
 
 Every bond shall contain the condition that the principal 
 will well, truly, honestly and faithfully perform the duties 
 of his office. The bond of the Mayor must be approved by 
 the Council, and the bonds of the Auditor and the several 
 Councilmen and School Directors must be approved by the 
 Mayor. 
 
 The Council shall fix the amount of bonds and the methods 
 of their approval, to be required of appointive officers, includ- 
 ing the City Manager. 
 
 The approval of the official bonds must be endorsed there- 
 on and signed by the officer or officers approving the same. 
 All bonds, when approved, shall be filed with the City Clerk. 
 All the provisions of any law of this State, relating to official 
 bonds not inconsistent with this charter, shall be complied 
 with. 
 
 Oath of office. 
 
 Sec. 18. Every officer of the City, including the City 
 Manager, before entering upon the duties of his office, shall 
 take the oath of office as provided for in the Constitution 
 of this State, and shall file the same with the City Clerk. 
 
 Salaries. 
 
 Sec. 19. The Councilmen shall each receive a fee of five 
 
24 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 dollars for each meeting of the Council which he shall at- 
 tend; and the Mayor shall receive a fee of ten dollars for 
 each meeting of the Council which he shall attend ; provided, 
 that neither a Councilman nor the Mayor shall receive such 
 fees for more than four meetings in any one calendar month. 
 
 The Auditor shall receive an annual salary of $3,000, pay- 
 able in equal monthly installments. 
 
 Each School Director shall receive a fee of five dollars 
 for each regular meeting of the Board of Education which 
 he shall attend; provided, that no School Director shall re- 
 ceive more than fifteen dollars in any one month, and pro- 
 vided further that the fees received by the Mayor, as here- 
 inabove provided, shall be full compensation for all services 
 performed by him as Mayor and as School Director. 
 
 All salaries and fees provided for in this section shall be 
 paid out of the General Fund of the City. 
 
 As amended in 1913. (Statutes 1913, Chap. 6, p. 1502.) 
 
 Administering oaths. Subpoenas. 
 
 Sec. 20. Every elective officer, every chief official, the 
 City Manager, and every member of any board or commis- 
 sion provided for in this charter, shall have the power to 
 administer oaths and affirmations, and every such officer, 
 board or commission shall have the power to issue subpoenas, 
 to compel by subpoena the production of books, papers and 
 documents, and to take and hear testimony concerning any 
 matter or thing pending before such officer, board or com- 
 mission. If any person so subpoenaed neglect or refuse to 
 appear or to produce any book, paper or document as re- 
 quired by such subpoena, or shall refuse to testify before 
 any such officer, board or commission or to answer any 
 question which any officer or a majority of such board or 
 commission shall decide to be proper and pertinent- he shall 
 be deemed in contempt, and any such officer, board or com- 
 mission shall have power to take the proceedings in that 
 behalf provided by the general laws of this State. The Chief 
 of Police must, on request of such officer, or of any member 
 of such board or commision, detail a police officer or police 
 officers to serve such subpoena. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 25 
 
 ARTICLE VI. 
 
 THE MAYOR 
 
 The Mayor’s Powers. 
 
 Sec. 21. The Mayor shall be the chairman of the Coun- 
 cil, and shall preside at the meetings of the Council and per- 
 form such other duties consistent with his office as may be 
 imposed by the Council. He shall be entitled to a vote on all 
 matters coming before the Council, but shall possess no veto 
 power. He shall be recognized as the official head of the 
 City for all ceremonial purposes, by the courts for the pur- 
 poses of serving civil processes, and by the Governor for 
 military purposes. He may use the title of Mayor in any 
 case in which the execution of contracts or other legal in- 
 struments in writing, or other necessity arising from the 
 general laws of this State, may so require; but this shall not 
 be construed as conferring upon him administrative or ju- 
 dicial functions or other powers or functions of a Mayor, 
 under the general laws of the State. The powers and duties 
 •of the Mayor shall be such as are conferred upon him by this 
 amendment, together with such others as may be conferred 
 by the Council in the pursuance of the provisions of this 
 amendment, and no others. 
 
 Sec. 22. During the temporary absence or disability of 
 the Mayor, the Vice-President of the Council shall act as 
 Mayor pro tempore. In case of the temporary absence or 
 disability of both the Mayor and Vice-President the Coun- 
 cil 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 ias Mayor until such 
 vacancy can be filled as provided in this Charter. 
 
 Mayor to have City’s books examined. 
 
 Sec. 24. The Mayor shall employ, for a stipulated com- 
 pensation, at the beginning of each fiscal year, a certified 
 public accountant, who shall examine, at least twice a year, 
 the books, records and reports of the Auditor and of all 
 officers and employees who receive or disburse City moneys, 
 and the books, records and reports of such other officers and 
 departments as the Mayor may direct, and make quadrupli- 
 cate reports thereof and present one each to the Mayor, 
 
26 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Auditor and City Manager and file one with the City Clerk. 
 Such acountant shall have unlimited privilege of investiga- 
 tion, 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 acountant, 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. 
 
 (Sections 25 and 26 repealed Jan. 20, 1923.) 
 
 ARTICLE VII. 
 
 EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS 
 The City Manager. 
 
 Sec. 27. The Council shall appoint an officer, who shall 
 be known as the City Manager, who shall be the administra- 
 tive head of the Municipal Government and who shall be re- 
 sponsible for the efficient administration of all departments. 
 He shall receive such salary as may be fixed by the Council : 
 provided, however, that said salary shall not exceed the sum 
 of $10,000 per annum. He shall be chosen by the Council 
 without regard to his political beliefs, and solely on the basis 
 of his executive and administrative qualifications. 
 
 He shall be appointed for an indefinite period. He can not 
 be removed from office except by a vote of six members of 
 the Council. He shall serve at the will of the Council, and in 
 case of his removal he may demand written charges and a 
 public hearing thereon before the Council, prior to the date 
 upon which his final removal is to take place ; but the decision 
 and action of the Council upon, such hearing shall be final, 
 and pending such hearing the Council may suspend him from 
 duty. 
 
 During the absence or disability of the City Manager, the 
 Council shall designate some properly qualified person to per- 
 form his duties. Whenever a vacancy occurs in this office, 
 the Council shall immediately proceed to elect a City Man- 
 ager. 
 
 Powers and Duties of City Manager. 
 
 Sec. 28. The City Manager shall be responsible to the 
 
CHARTER OF THE CITY OF BERKELEY 
 
 27 
 
 Council for the efficient administration of all the affairs of 
 the City. He shall have the power, and it shall be his duty : 
 
 (a) To see that all laws and ordinances are duly en- 
 forced, and he is hereby declared to be beneficially interested 
 in their enforcement and tO' have the power to sue in the 
 proper court to enforce them. 
 
 (b) Except as otherwise provided in this charter, to ap- 
 point, discipline or remove all heads or directors of depart- 
 ments, chief officials, and all subordinate officers and em- 
 ployees of the City, subject to the Civil Service provision of 
 this charter. Neither the Council nor any of its committees 
 or members shall dictate or attempt to dictate, either directly 
 or indirectly the appointment of any person to office or em- 
 ployment by the City Manager or in any manner interfere 
 with the City Manager or prevent him from exercising his 
 own judgment in the .appointment of officers and employees 
 in the administrative service. Except for the purpose of 
 inquiry, the Council and its members shall deal with the ad- 
 ministrative service solely through the City Manager, and 
 neither the Council nor any member thereof shall give orders 
 to any of the subordinates of the City Manager, either pub- 
 licly or privately. 
 
 (c) To exercise control over all departments, divisions 
 and bureaus of the City Government and over all the ap- 
 pointive officers and employees thereof. 
 
 (d) Except when the Council is considering* his removal, 
 to attend all regular meetings of the Council and its com- 
 mittees, with the right to take part in discussions, but with- 
 out power to vote. He shall receive notice of all special 
 meetings. 
 
 (e) To recommend to the Council for adoption such 
 measures and ordinances as he may deem necessary or ex- 
 pedient. 
 
 (f) To make investigations into the affairs of the City, 
 or any department or division thereof, or any contract, or 
 the proper performance of any obligation running to the 
 City. 
 
 (g) To prepare and submit to the Council the annual 
 budget. 
 
28 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 (h) To keep the Council at all times fully advised as to 
 the financial condition and needs of the City. 
 
 (i) To submit to the Council, at each meeting, for its 
 approval, a list of all claims and bills approved for payment 
 by him. 
 
 (j) To devote his entire time to the duties and interests 
 of the City. 
 
 (k) To perform such other duties as may be prescribed 
 by this charter or be required by ordinance or resolution of 
 the Council. 
 
 He shall be charged with the general supervision of all 
 public utility companies insofar as they are subject to mu- 
 nicipal 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. He shall cause to be instituted such actions or 
 proceedings as may be necessary to prosecute public utility 
 companies for violations of law, and 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 City Manager, must institute and prose- 
 cute the necessary actions to enforce the provisions of this 
 sub-section. 
 
 (Section 29 repealed Jan. 20, 1923.) 
 
 The chief officials. 
 
 Sec. 30. The chief officials of the City shall be City Clerk, 
 Assessor, Treasurer, Collector, Attorney, Engineer, Chief of 
 Police, Fire Chief, Street Superintendent, Health Officer, 
 and five Library Trustees. 
 
 The five Library Trustees shall be appointed and may be 
 removed by a majority vote of the Council, and one of such 
 trustees must be appointed by the Council from its own 
 members. 
 
 The Board of Library Trustees shall have power to man- 
 age the library and to appoint, discipline and dismiss all 
 officers and employees of the library. 
 
 The City Manager at any time when in his judgment the 
 
CHARTER OF THE CITY OF BERKELEY 
 
 29 
 
 interests of the City so demand, may consolidate and place 
 in charge of one such officer, the functions and duties of two 
 or more such officers. The Council shall by ordinance pre- 
 scribe the duties of all the chief officials. 
 
 Subordinate officers and employes. 
 
 Sec. 31. The Council shall have power by ordinance to 
 create and discontinue departments, bureaus, offices, deputy- 
 ships, assistantships and employments other than those pre- 
 scribed in this charter, and to prescribe the duties' pertaining 
 thereto. 
 
 Compensation of officers and employees. 
 
 Sec. 32. The compensation of all city officers provided 
 for by Section 30 of this Charter, except Library Trustees, 
 who shall receive no remuneration, shall be by salary to be 
 fixed by the Council on the recommendation of the City 
 Manager. The Council shall also fix the ‘compensation of all 
 other officers and employees on recommendation of the City 
 Manager, except as in this Charter otherwise provided. No 
 officer or employee shall be allowed any fees, perquisites, 
 emoluments, rewards or compensations, aside from the salary 
 or compensation as fixed by the Council, but all fees received 
 by him in connection with his official duties shall be paid by 
 him into the City Treasury. 
 
 Reports of departments. 
 
 Sec. 33. Each department and commission shall annually 
 on such date as may be fixed by the Council, render to the 
 City Manager a full report of all operations of such depart- 
 ment or commission for the year. 
 
 Reports to be published. 
 
 Sec. 34. The Council shall provide for the publication 
 of the annual report of the City Manager. 
 
 Councilmen to hold no other office. 
 
 Sec. 35. No member of the Council shall hold any other 
 municipal office or hold any office or employment the com- 
 pensation of which is paid out of the municipal moneys 
 except as otherwise provided in this Charter; or be elected 
 or appointed to any office created or the compensation of 
 
30 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 which is increased by the Council while he was a member 
 thereof. 
 
 Officers not to be interested in contracts or franchises. 
 
 Sec. 36. No officer or employee shall be directly or in- 
 directly interested in any contract, work or business of the 
 City, or in the sale of any article, the expense, price or con- 
 sideration of which is paid for from the treasury or by as- 
 sessment levied by any act or ordinance; nor in the pur- 
 chase or lease of any real estate or other property belong- 
 ing to the City or which shall be sold for taxes or assess- 
 ments or by virtue of legal process at the suit of the City. 
 No officer shall be in the employ of any public service 
 corporation in the City or of any person having any con- 
 tract with the City or of any grantee of a franchise granted 
 by the City. 
 
 Any contract or agreement made in contravention of this 
 section shall be void. 
 
 Any violation of the provisions of this section shall be 
 deemed a misdemeanor. 
 
 The Council shall enforce the provisions of this section 
 by appropriate legislation. 
 
 Political and religious tests. 
 
 Sec. 37. No appointment to position under the City 
 government shall be made or be withheld by reason of any 
 religious or political opinions or affiliations or political ser- 
 vices, 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 
 effected by such opinions, affiliations or services. 
 
 ARTICLE VIII. 
 
 THE COUNCIL 
 
 The Council, the governing body. 
 
 Sec. 38. 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 Char- 
 ter, shall be vested with all powers of legislation in muni- 
 cipal affairs adequate to a complete system of local gov- 
 ernment consistent with the Constitution of the State. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 31 
 
 President and Vice-President. 
 
 Sec. 39. The Mayor shall be President of the Council 
 and shall preside at its meetings when present. The Coun- 
 cil shall elect one of its members to be Vice-President. 
 
 Meetings of Council. 
 
 Sec. 40. The Council shall provide for the time and 
 place of holding its meetings and the manner in which its 
 special meetings may be called. 
 
 Meetings to be public. 
 
 Sec. 41. All legislative sessions of the Council, whether 
 regular or special, shall be open to the public. 
 
 Quorum. 
 
 Sec. 42. A majority of the members of the Council shall 
 constitute a quorum for the transaction of business. 
 
 Rules of proceeding. 
 
 Sec. 43. The Council shall establish rules for its pro- 
 ceedings. 
 
 Ordinances and resolutions. 
 
 Sec. 44. (1) The Council shall act only by ordinance 
 
 or resolution. 
 
 Ayes and noes. 
 
 (2) The ayes and noes shall be taken upon the passage 
 of all ordinances and resolutions and entered upon the journal 
 of the proceedings of the Council. 
 
 Majority vote of Council. 
 
 (3) No ordinance or resolution shall be passed or be- 
 come effective without receiving the affirmative votes of at 
 least five members of the Council. 
 
 Subject and title. 
 
 (4) Every ordinance or resolution, except an ordinance 
 making appropriations, shall be confined to one subject, 
 which shall be clearly expressed in the title, and every 
 ordinance making appropriations shall be confined to the 
 subject of appropriations. If any subject shall be embraced 
 in an ordinance which shall not be expressed in its title, 
 
32 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 such ordinance shall be void only as to so much thereof a& 
 shall not be expressed in its title. 
 
 Enacting clause of ordinance. 
 
 (5) The enacting clause of all ordinances passed by the 
 
 Council shall be in these words: ‘‘Be is ordained by the 
 
 Council of the City of Berkeley as follows:” 
 
 Requirements of an ordinance. 
 
 (6) To constitute an ordinance a bill must before final 
 action thereon be passed to print and published with the 
 ayes and noes for two days, and, in case of any amend- 
 ment being made thereto before the final adoption of the 
 ordinance, must in like manner be republished as amended 
 for not less than one day. 
 
 Ordinance required in certain cases. 
 
 (7) No action providing for any specific improvements 
 or the appropriation or expenditure of any public money, 
 except sums less than five hundred dollars; for the appro- 
 priation, acquisition, sale or lease of public property; for 
 the levying of any tax or assessment; for the granting of 
 any franchise; for establishing- or changing fire limits, or 
 for the imposing of any penalty, shall be taken except by 
 ordinance; provided, that such exceptions be observed as 
 may be called for in cases where the Council takes action 
 in pursuance of a general law of the State. 
 
 Reconsideration. 
 
 (8) When any bill is put upon its final passage and 
 fails to pass, and a motion is made to reconsider, the vote 
 upon such motion shall not be taken except at a meeting 
 of the Council held not less than one week after the meet- 
 ing at which such motion was made. 
 
 Signing and attesting. 
 
 (9) All resolutions and ordinances shall be signed by 
 the Mayor and attested by the City Clerk. 
 
 Revision and amendment. 
 
 (10) No ordinance shall be revised, re-enacted or amen- 
 ded by reference to its title only ; but the ordinance to be 
 revised or re-enacted, or the section or sections thereof to 
 
CHARTER OF THE CITY OF BERKELEY 
 
 33 
 
 be amended, or the new section or sections to be added 
 thereto, shall be set forth and adopted in the method pro- 
 vided in this section for the adoption of ordinances. 
 
 Repeal. 
 
 (u) No ordinance nor section thereof shall be repealed 
 except by ordinance adopted in the manner provided in this 
 section. 
 
 Ordinances granting franchises. 
 
 (12) No bill for the grant of any franchise shall be put 
 upon its final passage within thirty days after its introduc- 
 tion, and no franchise shall be renewed before one year 
 prior to its expiration. 
 
 Record of City ordinances. 
 
 (13) A true and correct copy of all ordinances shall be 
 kept and certified to by the City Clerk in a book marked 
 “City Ordinances.” Such record copy, with such certifi- 
 cate, or the original ordinance, shall be prima facie evidence 
 of the contents of the ordinance and of the due passage and 
 publication 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 pre- 
 vent the proof of the passage and publication of an ordi- 
 nance in the usual way. 
 
 (Section 45 repealed Jan. 20, 1923.) 
 
 Publication of Charter and ordinances. 
 
 Sec. 46. The Council, during the first year after its 
 organization under this Charter and from time to time 
 thereafter, shall cause all ordinances at such time in force 
 to be classified under appropriate heads, and, together with 
 or separately from the Charter of the City and such pro- 
 visions of the Constitution and laws of the State as the 
 Council may deem expedient, to be published in book form. 
 
 ARTICLE IX. 
 
 POWERS OF THE CITY AND OF THE COUNCIL 
 General powers of the City. 
 
 Sec. 47. Without denial or disparagement of other 
 
34 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 powers held under the constitution and laws of the State, 
 the City of Berkeley shall have the right and power : 
 
 Public buildings, works and institutions. 
 
 (1) To acquire by purchase, condemnation or other- 
 wise, 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 in- 
 stitutions, jails, houses of correction and farm schools, work 
 houses, detention homes, morgues, cemeteries, crematories, 
 garbage collection and garbage disposal and reduction works, 
 street cleaning and sprinkling plants, quarries, wharves, 
 docks, waterways, canals, and all other public buildings, 
 places, works and institutions. 
 
 Water, light, heat and power. 
 
 (2) To acquire by purchase, condemnation or other- 
 wise, and to establish, maintain, equip, own and operate 
 waterworks, gas works, electric light, heat and power works, 
 within or without the City, and to supply the City and its 
 inhabitants and also persons, firms and corporations outside 
 the City, with water, gas and electricity. 
 
 Telephone, telegraph and transportation. 
 
 (3) To acquire by purchase, condemnation or other- 
 wise, and to establish, maintain, equip, own and operate 
 telephone and telegraph systems, cable, electric or other 
 railways, ferries and transportation service of any kind. 
 
 Sale of products of public utilities. 
 
 (4) To sell gas, water, electric current and all products 
 of any public utility operated by the City. 
 
 Land for public purposes. 
 
 (5) To acquire by purchase, condemnation or other- 
 wise within or without the City, such lands or other prop- 
 erty 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. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 35 
 
 Lease of public utilities. 
 
 (6) To lease to corporations or individuals for the pur- 
 pose of maintenance and operation any public utility owned 
 by the City. 
 
 Bequests and donations. 
 
 (7) To receive bequests, gifts and donations of all 
 kinds of property, in fee simple, or in trust for charitable 
 and other purposes, and 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. 
 
 Borrowing money, bonds. 
 
 (8) 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 of such proceedings are taken shall be 
 observed and followed. 
 
 Special Tax. 
 
 (9) To raise money by a special tax, in addition to the 
 annual tax levy provided in Section 57 of this Charter. To 
 authorize such special tax, the provisions of Section 92 of 
 Article XIII relating to the Initiative, or of Section 94 of 
 Article XIV relating to the Referendum, shall be followed, 
 and the levy of such tax must be approved by at least two- 
 thirds of the qualified electors who vote thereon. At such 
 election the Council may be authorized, in cases where pub- 
 lic 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 repay- 
 ment 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 
 
36 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 so raised may be expended each year after the same is col- 
 lected and available. 
 
 Joint ownership of water supply. 
 
 (io) To join with one or more cities incorporated under 
 the Constitution and laws of the State in order to acquire 
 and develop jointly a source or sources of water supply for 
 municipal and domestic purposes and to construct the works 
 necessary for their joint and several purposes and needs and 
 to unite with such cities in bond issues therefor. 
 
 Sue and defend. 
 
 (n) To sue and defend in all courts and places and in 
 all matters and proceedings. 
 
 Direct legislation by people. 
 
 Sec. 48. The qualified voters of the City shall have 
 power through the initiative and otherwise, as provided by 
 this Charter and the general laws of the State, to enact 
 appropriate legislation to carry out and enforce any of the 
 above general powers of the City or any of the specified 
 powers of the Council. 
 
 Powers of the Council enumerated. 
 
 Sec. 49. As the legislative organ of the City, the Coun- 
 cil, subject to the provisions and restrictions of this Charter, 
 shall have, power: 
 
 Official Seal. 
 
 (1) To provide a corporate seal, with appropriate de- 
 vice, to be affixed to all instruments or writings needing 
 authentication. 
 
 Violation of Charter and ordinances. 
 
 (2) To prescribe fines, forfeitures and penalties for the 
 violation of any provision of this Charter or of any ordi- 
 nance; but no penalty shall exceed five hundred dollars or 
 six months’ imprisonment, or both. 
 
 Nuisances. 
 
 (3) To provide for the summary abaterment of any 
 nuisance at the expense of the person or persons creating, 
 causing, committing or maintaining such nuisance. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 37 
 
 Rewards. 
 
 (4) To offer rewards not exceeding two hundred and 
 fifty dollars in any one instance for the apprehension and 
 conviction of any person who may have committed a felony 
 in the City, and to authorize the payment thereof. 
 
 Police and Fire Departments. 
 
 (5) To organize and maintain police and fire depart- 
 ments, erect the necessary buildings and own all imple- 
 ments and apparatus required therefor. 
 
 Police and fire alarm systems. 
 
 (6) To establish and maintain a fire alarm and police 
 telegraph or telephone system, and manage and control the 
 same, and to appoint a superintendent thereof. 
 
 Explosives. 
 
 (7) To regulate or prohibit the manufacture, keeping, 
 storage and ffse of powder, dynamite, guncotton, nitro- 
 glycerine, fireworks and other explosive materials and sub- 
 stances. 
 
 Inflammable materials. 
 
 (8) To regulate the storage of hay, straw, oil and other 
 inflammable and combustible materials. 
 
 Engines and boilers. 
 
 (9) To regulate the use of steam engines, gas engines, 
 steam boilers, and electric motors, and to prohibit their 
 use in such localities as in the judgment of the Council 
 would endanger public safety. 
 
 Fire limits. 
 
 (10) To prescribe fire limits and determine the char- 
 acter and height of buildings that may be erected therein 
 and the nature of the materials to be used in the construc- 
 tion, alteration or repair of such buildings or in the repair 
 or alteration of existing buildings within such fire limits. 
 
 Building regulations. 
 
 (11) To regulate the construction of and the materials* 
 used in all buildings, chimneys, stacks and other structures; 
 to prevent the erection and maintenance of insecure or un- 
 
 *“Material” appears in the original subdivision as published, and 
 “materials” in the Act of the Legislature, as approved and recorded. 
 
38 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 safe buildings, walls, chimneys, stacks or other structures, 
 and to provide for their summary abatement or destruction ; 
 to regulate the materials used in and the method of con- 
 struction of foundations and foundation walls, the manner 
 of construction and location of drains and sewers, the ma- 
 terials used in wiring buildings or other structures for the 
 use of electricity for lighting, power, heat and other purposes, 
 and materials used for piping buildings or other structures 
 for the purpose of supplying the same with water or gas and 
 the manner of so doing; to prohibit the construction of 
 buildings and structures which do not conform to such 
 regulations. 
 
 Fire escapes. 
 
 (12) To require the owners and lessees of buildings or 
 other structures to place upon them or in them fire escapes 
 and appliances for protection against fire and for the ex- 
 tinguishment of fires. 
 
 Precaution against fires. 
 
 (13) To prevent the construction and to cause the re- 
 moval of dangerous chimneys, fireplaces, hearths, stoves, 
 stove pipes, ovens, boilers, apparatus and machinery used 
 in any building in the City; to regulate the carrying on 
 of manufactories liable to cause fire; to prevent the depos- 
 iting of ashes, the accumulation of shavings, rubbish, or 
 any combustible material in unsafe places, and to make 
 provisions to guard against fires. 
 
 Provisions for safety in theatres, halls, etc. 
 
 (14) To regulate the size and construction of the en- 
 trances to and exits from all theatres, lecture rooms, halls, 
 schools, churches, and other places for public gathering of 
 every kind and to prevent the placing of seats, chairs, 
 benches or other obstructions in the hallways, aisles or open 
 places therein. 
 
 Provision for safety in streets. 
 
 (15) To regulate the speed of railroad trains, engines 
 and cars passing through the City and the speed of cars 
 of street or interurban railway companies using the public . 
 
CHARTER OF THE CITY OF BERKELEY 
 
 39 
 
 streets of the City, to require railroad companies to station 
 flagmen, place gates or viaducts at all such street crossings 
 as the Council may deem proper, to require street cars and 
 local trains to be provided with fenders or other appliances 
 for the better protection of the public; to prohibit the making 
 up of railroad trains on any of the streets, street crossings 
 or street intersections of the City ; to regulate the speed with 
 which persons may ride or drive or propel bicycles, auto- 
 mobiles or other vehicles along or upon any of the streets 
 or highways of the City. 
 
 Improper use of streets. 
 
 (16) To regulate or prohibit the exhibition or carrying 
 of banners, placards, or advertisements, and the distribu- 
 tion of handbills in the street, public grounds or upon the 
 sidewalks; to regulate and prevent the flying of banners, 
 flags or signs across the streets or from houses; to regulate 
 or prohibit traffic and sales in the streets and public places; 
 to prevent encroachments upon or obstructions to the streets, 
 and to require their removal. 
 
 Weeds and rubbish on sidewalks. 
 
 (17) To compel the owner or occupant of buildings or 
 grounds to remove dirt, rubbish and weeds from the side- 
 walk opposite thereto; and in' his default to authorize the 
 removal or destruction thereof by some officer of the City 
 at the expense of such owner or occupant, and to make 
 such expense a lien upon such buildings or grounds. 
 
 Billboards and signs. 
 
 (18) To regulate, license or prohibit the construction 
 and use of billboards and signs. 
 
 Dogs. 
 
 (19) To regulate and prevent the running at large of 
 dogs, to prevent dog fights in the streets, to provide for 
 the destruction of vicious dogs, and to require the payment 
 of license fees by the owners or persons having possession 
 of dogs, and to impose penalties upon such persons for re- 
 fusing to pay such license fee. 
 
40 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Public pound. 
 
 (20) To prevent or regulate the running at large of 
 any animals, and to establish and maintain a pound and 
 authorize the destruction or other disposition of any animals 
 running at large. 
 
 Cruelty to animals. 
 
 (21) To prohibit and punish cruelty to animals, and to 
 require the places where they are kept to be maintained in 
 a clean and healthful condition. 
 
 Preservation of health. 
 
 (22) To make all regulations which may be necessary 
 and expedient for the preservation of health and the sup- 
 pression of disease; to make regulations to prevent the in- 
 troduction of contagious, malignant, infectious or other 
 diseases into the City; to make quarantine laws and regu- 
 lations ; to regulate, control and prevent the entry into the 
 City of persons, baggage, merchandise or other property in- 
 fected with contagious disease. 
 
 Dangerous and offensive occupations; disagreeable noises. 
 
 (23) To regulate or prohibit the operation of all manu- 
 factories, occupations or trades which may be of such a 
 nature as to affect the public health or good order of the 
 City or disturb the public peace, or which may be offensive 
 or dangerous to the inhabitants residing in the vicinity, and 
 to provide for the punishment of all persons violating such 
 regulations and the punishment of all persons who knowingly 
 permit the same to be violated in any building or upon any 
 premises owned or controlled by them; to make regulations 
 for the suppression of disagreeable, offensive and injurious 
 noises. 
 
 Inspection of food products. 
 
 (24) To provide for and regulate the inspection by the 
 Health Officer of meats, poultry, fish, game, bread, butter, 
 cheese, lard, eggs, vegetables, breadstuffs, milk and other 
 food products offered for sale in the City, and to provide 
 for the taking and summarily destroying of any such prod- 
 ucts as are unsound, spoiled, adulterated, or unwholesome, 
 and to regulate and prevent bringing into the City or having 
 
CHARTER OF THE CITY OF BERKELEY 
 
 41 
 
 or keeping within the Qity any such unsound, spoiled, adul- 
 terated or unwholesome products. 
 
 Dairies. 
 
 (25) To provide for and regulate the inspection of all 
 dairies that offer for sale or sell any of their products in 
 the City. 
 
 Lodging, tenement and apartment houses. 
 
 (26) To regulate lodging, tenement and apartment 
 houses and to prevent the overcrowding of the same and 
 to require that they be put and kept in proper sanitary 
 condition. 
 
 Sewer connections. 
 
 (27) To regulate the construction, repair and use of 
 sewers, sinks, gutters, wells, cesspools, and vaults, and to 
 compel the connecting, cleaning, or emptying of the same, 
 and to designate the time .and manner in which the work 
 shall be done. 
 
 Garbage. 
 
 (28) To provide for the collection and disposal of gar- 
 bage, ashes, animal and vegetable refuse, dead animals, 
 animal offal, rubbish and waste matter. 
 
 Licensing business. 
 
 (29) To license for purpose of regulation and revenue 
 all and every kind of business not prohibited by law to be 
 transacted or carried on in the City; to fix the rates of 
 licenses upon the same, and to provide for the collection 
 thereof by suit or otherwise. 
 
 Regulation of public vehicles. 
 
 (30) To establish stands for hacks, public carriages, 
 express wagons, and other public vehicles for hire, and 
 regulate the charges of such hacks, public carriages, express 
 wagons and other public vehicles, and to require schedules 
 of such charges to be posted in or upon such public vehicle. 
 
 Weights and measures. 
 
 (31) To provide for the inspection and sealing of all 
 weights and measures used in the City, and enforce the 
 
42 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 keeping and use by dealers of proper weights and measures 
 duly tested and sealed. 
 
 Public shows. Gambling. 
 
 (32) To license, regulate, restrain or prohibit all exhi- 
 bitions, public shows, games and amusements; to prevent 
 and prohibit all descriptions of gambling and fraudulent 
 devices and practices, all playing of cards, dice or other 
 games of chan(?e for the purpose of gambling, the keeping 
 or operating of card machines, slot machines or other con- 
 trivances upon or into which money is staked, hazarded, 
 deposited or paid upon chance and the selling of pools on 
 races, and to authorize the destruction of all instruments 
 used for the purpose of gambling. 
 
 Public order and decency. 
 
 (33) To restrain and punish vagrants, mendicants, lewd 
 persons and prostitutes; to prevent and punish drunkenness, 
 prize fights and all offensive, immoral, indecent and dis- 
 orderly conduct and practices in the City. 
 
 Taxation. 
 
 (34) To levy and collect taxes upon all real and per- 
 sonal property within the City, subject to the limitations 
 elsewhere in this Charter provided. 
 
 Erroneously collected taxes. 
 
 (35) To order the repaying by the Treasurer of any 
 taxes, percentages or costs erroneously or illegally collected. 
 
 Fees. 
 
 (36) To fix the fees and charges for all official services 
 not otherwise provided for in this Charter. 
 
 Mayor’s urgency fund. 
 
 (37) To provide an urgent necessity fund not exceed- 
 ing five hundred dollars a year, to be expended under the 
 direction of the Mayor. 
 
 Lease of lands owned by the City. 
 
 (38) To provide for the lease of any lands now or 
 hereafter owned by the City, but all leases shall be made 
 at public auction to the highest responsible bidder at the 
 
CHARTER OF THE CITY OF BERKELEY 
 
 43 
 
 highest monthly rent, after publication of notice thereof 
 for at least one week, stating explicitly the time and con- 
 ditions of the proposed lease; provided, that the Council 
 may in its discretion reject any or all bids. 
 
 Purchase of property under execution. 
 
 (39) To provide for the purchase of property levied 
 upon or under execution in favor of the City, but the 
 amount bid on such purchase shall not exceed the amount 
 of judgment and costs. 
 
 Sale of useless personal property. 
 
 (40) To provide for the sale at public auction, after 
 advertising for five days, of personal property unfit or un- 
 necessary for the use of the City. 
 
 Trusts. 
 
 (41) To provide for the execution of all trusts confided 
 to the City. 
 
 Street grades. 
 
 (42) To establish or change the grade of any street or 
 public place. 
 
 Street work. 
 
 (43) To order the whole or any part of any street, 
 avenue, lane, alley, court or place within the City of Berke- 
 ley to be graded or regraded to the official grade, planked 
 or replanked, paved or repaved, macadamized or re-macada- 
 mized, graveled or re-graveled, piled or re-piled, capped or 
 re-capped, sewered or re-sewered, and to order sidewalks, 
 manholes, culverts, cesspools, gutters, tunnels, curbing and 
 cross walks to be constructed therein, and to order break- 
 waters, levees or walls of rock or other material to protect 
 the same and also any other work or improvement therein; 
 to provide for the care df shade trees planted therein and to 
 cause shade trees to be planted, set out and cultivated therin; 
 and also to order drainage or sanitary sewers or storm water 
 sewers to be constructed on or through private property. 
 
 Whenever, in the judgment of the Council or of the 
 people, the cost and expense of any of the foregoing im- 
 provements is to be paid by special assessments on private 
 
44 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 property, the general laws of the State of California in force 
 at the time of the improvement shall govern and control, 
 and all proceedings shall be in conformity thereto. 
 
 Street Openings. 
 
 (44) To order the opening, extending, widening, 
 straightening or closing of any street, lane, alley, court or 
 public place within the City or over tide lands and lands 
 covered by the waters of San Francisco Bay within the City, 
 and to condemn and acquire any and all property necessary 
 and convenient for that purpose. 
 
 Whenever, in the judgment of the Council or of the peo- 
 ple, the cost and expense of any of the foregoing improve- 
 ments is to be paid by special assessment on private property, 
 the general laws of the State of California in force at the 
 time of the improvement shall govern and control and all 
 proceedings shall be in conformity thereto, except that all 
 the duties of the commissioners shall be performed by the 
 City Engineer, and all clerical work shall be performed by 
 the Superintendent of Streets, who shall receive no com- 
 pensation therefor other than the salaries of their respective 
 offices. 
 
 Light and water. 
 
 (45) To provide for the lighting of the streets, high- 
 ways, public places, and public buildings and for supplying 
 the City with water for municipal purposes. 
 
 Boulevards. 
 
 (46) To set apart as a boulevard or boulevards any 
 street or streets over which there is no existing franchise 
 for any railroad and to regulate and prevent heavy teaming 
 thereon; and when any such street shall have been set aside 
 as a boulevard, no franchise for a railroad, interurban rail- 
 way or street railway of any kind stall be granted upon such 
 boulevard and no railroad track of any kind shall ever be 
 laid thereon, unless an ordinance to that effect shall have 
 been duly passed by popular vote, as provided in Articles 
 XIII and XIV. 
 
 Closed or abandoned streets. 
 
 (47) Whenever any street or portion of a street shall 
 
CHARTER OF THE CITY OF BERKELEY 
 
 45 
 
 be abandoned or closed by ordinance, to convey by deed 
 such street or portion of street so abandoned or closed, to 
 the owners of the lands adjacent thereto in such wise as the 
 Council shall deem, that equity requires. 
 
 Waterfront and wharves. 
 
 (48) To improve, keep in repair and control the water- 
 front of the City, to fix the rates of wharfage, dockage, and 
 tolls, and provide for the collection thereof, to license, regu- 
 late and control the landing, anchorage and moorage of 
 steamboats, sailing vessels, rafts, tug boats and all other 
 watercraft within the jurisdiction of the City. 
 
 Regulation of public utility rates. 
 
 (49) To fix and determine by ordinance in the month 
 of February of each year, to take effect on the firist day of 
 July thereafter, the rates or compensation to be collected 
 by any person, firm or corporation in the City, for the use 
 of water, heat, light, power or telephone service, supplied 
 to the City or to the inhabitants thereof, and to prescribe 
 the quality of the service. 
 
 Regulation of street railroads. 
 
 (50) To regulate street railroads, their tracks and cars, 
 to compel the owners of two or more such street railroads 
 using the same street for any distance not exceeding ten 
 blocks, to use the same tracks and to equitably divide the 
 cost of construction and the cost of maintenance thereof be- 
 tween them. 
 
 Railroads to keep streets in repair. 
 
 (51) To require every railroad company to keep the 
 streets in repair between the tracks, and along and within 
 the distance of two feet upon each side of the tracks, occu- 
 pied by the company. 
 
 Spur tracks. 
 
 (52) To permit the laying down of spur or side tracks 
 and running cars thereon, for the purpose of connecting 
 warehouses, manufactories or other business industries and 
 enterprises with any line of railroads that may be built along 
 the water front or with any other lines of railroad which do 
 
46 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 now or may hereafter enter the City, subject to such regula- 
 tions and conditions as may be prescribed from time to time 
 by the Council, such tracks to be used for the transportation 
 of freight only, and not to be used as a main line or a part 
 thereof ; and also for the purpose of excavating and filling in 
 a street or portion of a street or the adjoining land, and for 
 such limited time as may be necessary for such purpose and 
 no longer. 
 
 Such tracks must be laid level with the street and must 
 be operated under such restrictions as not to interfere with 
 the use of the streets by the public. All permits granted under 
 the provisions hereof shall be revocable at the pleasure of 
 the Council. 
 
 Regulation of poles and wires. 
 
 (53) To cause the removal and placing underground of 
 all telephone, telegraph, electric light or other wires within 
 the City, or within any designated portion thereof, and to 
 regulate or prohibit the placing of poles and suspending of 
 wires along or across any of the streets, highways and 
 public places in the City. 
 
 Size and location of pipes. 
 
 (54) To regulate the size and location of all water 
 pipes, gas pipes, and all other pipes and conduits laid or 
 constructed in the streets and public places, and to require 
 the filing of charts and maps of such pipes and conduits. 
 
 Elections. 
 
 (55) To make all rules and regulations governing elec- 
 tions not inconsistent with this Charter. 
 
 Civil Service Commission. 
 
 (56) To establish a bureau of Civil Service and to ap- 
 point a commission, to serve without compensation, to ad- 
 minister the same under rules and regulations to be made 
 by the Council. Such commission shall, among other 
 things, provide for the classification of all employments in 
 the administrative service of the City not excepted by the 
 provisions of this Charter, by the Council or by the people, 
 for open, competitive and free examinations as to fitness, 
 
CHARTER OF THE CITY OF BERKELEY 
 
 47 
 
 for an eligible list from which vacancies shall be filled, for 
 a period of probation before employment is made permanent, 
 and for promotion on the basis of merit, experience and 
 record. 
 
 Civic Art Commission. 
 
 (57) To establish a Civic Art Commission and to ap- 
 point Commissioners thereon, to serve without compen- 
 sation, with such powers and duties as may be fixed by 
 the Council. 
 
 Park Commission. 
 
 (58) To establish a Park Commission, and to appoint 
 Commissioners thereon, to serve without compensation, 
 with such powers and duties as may be fixed by the Council. 
 
 Playground Commission. 
 
 (59) To establish a Playground Commission and to ap- 
 point Commissioners thereon, to serve without compensa- 
 tion, with such powers and duties as may be fixed by the 
 Council. 
 
 Commission of Public Charities. 
 
 (60) To establish a Commission of Public Charities and 
 to appoint Commissioners thereon, to serve without com- 
 pensation, with such powers and duties as may be fixed by 
 the Council. 
 
 Municipal ownership. 
 
 (61) To provide a suitable procedure for taking over or 
 otherwise acquiring municipal ownership of public utilities. 
 
 Additional powers. 
 
 (62) To enact appropriate legislation and do and per- 
 form any and all other acts and things which may be neces- 
 sary and proper to carry out the general powers of the 
 City or any of the provisions of this Charter, and to exer- 
 cise all powers not in conflict with the Constitution of the 
 State, with this Charter or with ordinances adopted by the 
 people of the City. 
 
48 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 ARTICLE X. 
 
 FINANCE AND TAXATION 
 
 The fiscal year. 
 
 Sec. 50. The fiscal year of the City shall commence 
 upon the first day of July of each year, or at such other time 
 as may be fixed by ordinance. 
 
 Tax System. 
 
 Sec. 51. Tbe Council shall by ordinance provide a sys- 
 tem for the assessment, levy and collection of all City taxes 
 not inconsistent with the provisions of this Charter. 
 
 The Council shall have power to avail itself by ordinance 
 of any law of tbe State of California now or hereafter in 
 force and comply with the requirements thereof whereby 
 assessments may he made by the Assessor of the County 
 in which the City of Berkeley is situated and taxes col- 
 lected by the Tax Collector of said County for and on be- 
 half of the City of Berkeley. Other provisions of this 
 charter concerning the assessment, levy and collection of 
 taxes shall be subject to the provisions of any such ordi- 
 nance while the same shall be in force. 
 
 Department estimates of annual requirements. 
 
 Sec. 52. On or before the first Monday in April in each 
 year, or on such date in each year as shall be fixed by the 
 Council, the heads of departments, offices, boards and com- 
 missions shall send to the City Manager a careful estimate, 
 in writing, of the amounts, specifying in detail the objects 
 thereof, required for the business and proper conduct of their 
 respective departments, offices, boards and commissions, 
 during the next ensuing fiscal year. 
 
 Annual estimate of City’s requirements and revenue. 
 
 Sec. 53. On or before the first Monday in May in each 
 year, or on such date in each year as shall be fixed by tbe 
 Council, the City Manager shall submit to the Council a 
 tentative budget which shall contain an estimate of the prob- 
 able expenditures of the City Government for tbe next en- 
 suing fiscal year, stating the amount required to meet the 
 interest and sinking funds for the outstanding funded in- 
 debtedness of the City, and the wants of all the departments 
 
CHARTER OF THE CITY OF BERKELEY 
 
 49 
 
 of the municipal government in detail, and showing specifi- 
 cally the amount necessary to be provided for each fund and 
 department; also an estimate of the amount of income from 
 fines, licenses and other sources of revenue, exclusive of 
 taxes upon property, and the probable amount required to 
 be levied and raised by taxation. 
 
 Annual Budget. 
 
 Sec. 54. The Council shall meet annually prior to fixing 
 the tax levy, and after considering the tentative budget sub- 
 mitted by the City Manager shall make a final budget of the 
 estimated amounts required to pay the expenses of conduct- 
 ing the business of the City Government for the next ensuing 
 fiscal year. The final budg'et shall be prepared in such detail 
 as to the aggregate sum and the items thereof allowed to 
 each department, office, board or commission, as the Council 
 may deem advisable. The Council may also provide, in the 
 final budget, an emergency fund in such amount as it may 
 deem advisable, which said fund shall not be allotted to any 
 particular department, office, board or commission except as 
 hereinafter provided. 
 
 And the Council at the same time shall pass an annual 
 appropriation ordinance, which shall be based upon the budget 
 submitted by the City Manager, and made up as herein pro- 
 vided. The total amount of appropriations shall not exceed 
 the estimated revenues of the City. 
 
 Before the annual appropriation ordinance has been 
 passed, the Council may make teifiporary appropriations for 
 current department expenses, chargeable to the appropria- 
 tions of the year when passed, to an amount sufficient to 
 cover the necessary expenses of the various departments until 
 the annual appropriation is in force. No other liabilities shall 
 be incurred by any officer or employee of the City except in 
 accordance with the provisions of the annual appropriation 
 ordinance, or under continuing contracts and loans authorized 
 under the provisions of this Charter. 
 
 At any meeting after the passage of the appropria- 
 tion ordinance, the Council by a vote of six of its members 
 may amend such ordinance, so as to authorize the transfer 
 of unused balances appropriated for any purpose, including 
 
50 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 the emergency fund, to another purpose, or to appropriate 
 available revenues not included in the annual budget. 
 
 Board of Equalization. 
 
 Sec. 55. Each year the Council shall appoint three of its 
 members who shall act as a Board of Equalization, which 
 Board shall meet on the second and third Mondays in 
 August at 1 1 o’clock in the forenoon, and on such other days 
 during said month as may be necessary or desirable, for the 
 purpose of equalizing assessments. Said Board of Equaliza- 
 tion shall have power to hear complaints and to correct, 
 modify, strike out, lower or raise any assessment, provided, 
 that at least one day’s notice shall be given to the party whose 
 assessment is to be changed. The City Clerk shall act as 
 secretary of such Board and it shall be the duty of such secre- 
 tary to keep permanent records of all proceedings, and to 
 enter therein all resolutions and decisions of the Board. 
 
 Annual tax levy. 
 
 Sec. 56. The Council must finally adopt, not later than 
 the first Tuesday in September, an ordinance levying upon 
 the assessed valuation of the property in the City, subject 
 to the provisions of this Charter, a rate of taxation upon 
 each hundred dollars of valuation sufficient to raise the 
 amounts estimated to be required in the annual budget, 
 less the amount estimated to be received from fines, licenses 
 and other sources of revenue. They shall then deliver the 
 assessment roll to the Auditor, who shall compute and carry 
 out the amount of the tax so levied upon each parcel of 
 property contained in said assessment roll. The corrected 
 list for each tax shall be the assessment roll of said tax for 
 said year, and it shall be certified by the Auditor as being 
 the assessment roll of said tax. 
 
 Limit of tax levy. 
 
 Sec. 57. The tax levy authorized by the Council to meet 
 the municipal expenses for each fiscal year shall not exceed, 
 except as herein provided, the rate of one dollar on each 
 one hundred dollars of the assessed value of all real and 
 personal property within the City. The Council, if re- 
 quested by the Board of Education, shall in addition to the 
 
CHARTER OF THE CITY OF BERKELEY 
 
 51 
 
 tax for municipal purposes, levy a tax for the adequate sup- 
 port of the public schools, such levy not to exceed thirty- 
 five cents on each one hundred dollars of the assessed value 
 of all real and personal property within the City. 
 
 As amended in 1913. (Statutes 1913, Chap. 6, p. 1502.) 
 
 Bond tax. Library tax. 
 
 Sec. 58. The Council shall have power to levy and col- 
 lect taxes in addition to the taxes herein authorized to be 
 levied and collected, sufficient to pay the interest and main- 
 tain a sinking fund of the bonded indebtedness of the City 
 and to provide for the establishment and support of free 
 public libraries and reading rooms. 
 
 Cash Basis Fund. 
 
 Sec. 59. The Council shall create and maintain a per- 
 manent revolving fund, to be known as the Cash Basis 
 Fund, for the purpose of putting the payment of the running 
 expenses of the City on a cash basis. For this purpose the 
 Council shall provide that, from the money collected from 
 the annual tax levy and from money received from other 
 sources, a sum equal to not less than two and onedialf cents 
 on each one hundred dollars of the assessed value of said 
 property shall be placed in such fund until the accumulated 
 amount in such fund shall be sufficient to meet all legal de- 
 mands against the treasury for the first four months or other 
 necessary period of the succeeding fiscal year. 
 
 The Council shall have power to transfer from the Cash 
 Basis Fund to any other fund or funds such sum or sums 
 as may be required for the purpose of placing such fund 
 or funds, as nearly as possible, on a cash basis. It shall 
 be the duty of the Council to provide that all money so 
 transferred from the Cash Basis Fund be returned thereto 
 before the end of the fiscal year. 
 
 Tax liens. 
 
 Sec. 60. All taxes assessed, together with any percentage 
 imposed for delinquency and the cost of collection, shall 
 constitute liens on the property assessed; every tax upon the 
 personal property shall be a lien upon the real property of the 
 owner thereof. The liens provided for in this section shall 
 
52 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 attach as of the first Monday in March of each year, and may 
 be enforced by actions in any court of competent jurisdic- 
 tion to foreclose such liens, or by a sale of the property 
 affected and the execution and delivery of all necessary cer- 
 tificates and deeds therefor, under such regulations as may 
 be prescribed by ordinance; provided, that when real estate 
 is offered for sale for City taxes due thereon, the same shall 
 be struck off and sold to the City, in like case and in like 
 manner and with like effect and with like right of redemp- 
 tion, as it may be struck off and sold to the State when 
 offered for sale for State and County taxes; and the Council 
 shall have power to provide for the procedure to be followed 
 in such sales to the City and redemption thereafter. 
 
 Duties of the Auditor. 
 
 Sec. 61. Payment by the City, excepting redemption of 
 bonds and interest coupons, shall be made only upon vouchers 
 certified by the head of the appropriate department and ap- 
 proved by the City Manager, and by means of warrants on 
 the City Treasury, issued by the Auditor and countersigned 
 by the City Manager. The Auditor shall examine all pay- 
 rolls, bills and other claims and demands against the City, 
 and shall issue no warrants for payment unless he finds the 
 claim is in proper form, correctly computed and duly cer- 
 tified; that it is justly and legally due and payable; that a 
 budget appropriation has been made therefor which has not 
 been exhausted, or that the payment has been otherwise 
 leg*ally authorized ; and that there is money in the City Treas- 
 ury to make payment. He may require any claimant to make 
 oath as to the validity of the claim. He may investigate any 
 claim, and for such purpose may examine witnesses under 
 oath; and if he finds it fraudulent, erroneous or otherwise 
 invalid, he shall not issue a warrant therefor. No suit shall 
 be brought on any claim for money against the City or any 
 officer, board or commission of the City until a demand for 
 the same has been presented and rejected in whole or in part. 
 If rejected in part, suit may be brought to recover the whole. 
 Nor shall suit be brought against the City or any officer, 
 board or commission thereof upon any claim or demand 
 which has been approved and audited ; provided, that 
 
CHARTER OF THE CITY OF BERKELEY 
 
 53 
 
 nothing herein shall be construed so as to deprive the holder 
 of any demand against the City Council or any officer, board 
 or commission to compel him or it to act upon such claim or 
 demand, or to pay the same when audited. 
 
 Money to meet warrants. 
 
 Sec. 62. When the running expenses of the City have 
 been placed on a cash basis, warrants payable on demand 
 shall be drawn upon the Treasurer, or against any funds 
 in his hands, only when at the time of the drawing and 
 issuing of such warrants there shall be sufficient money in 
 the appropriate fund in the treasury to pay said warrants. 
 
 Disposition of money collected. 
 
 Sec. 63. Every officer collecting or receiving any moneys 
 belonging to or for the use of the City shall settle for the 
 same with the Auditor on or before the last day of each 
 month, or at more frequent intervals as may be directed by 
 the Council, and immediately pay all the same into the 
 treasury, on the order of the Auditor, for the benefit of the 
 funds to which such moneys severally belong. When the 
 last day of the month falls upon Sunday or a legal holiday, 
 the said payments shall be made on the next preceding busi- 
 ness day. The Council may provide, in its discretion, for 
 the deposit of the City moneys in banks in accordance with 
 the State law. 
 
 Uniform accounts and reports. 
 
 Sec. 64. The Council shall prescribe uniform forms of 
 accounts, which shall be observed by all officers and depart- 
 ments of the City which receive or disburse moneys. When- 
 ever an act shall be passed by the State Legislature calling 
 for uniform municipal reports, the City authorities shall be 
 governed thereby. 
 
 ARTICLE XI. 
 
 PUBLIC WORKS AND SUPPLIES 
 Form of contracts. 
 
 Sec. 65. All contracts shall be drawn under the super- 
 vision of the City Attorney. All contracts must be in writ- 
 ing, executed in the name of the City of Berkeley by an 
 
54 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 officer or officers authorized to sign the same, and must be 
 countersigned by the Auditor, who shall number and reg- 
 ister the same in a book kept for that purpose. 
 
 Progressive payments on contracts. 
 
 Sec. 66. Any contract may provide for progressive pay- 
 ments, if in the ordinance authorizing or ordering the work, 
 permission is given for such a contract. But no progressive 
 payments can be provided for or made at any time which, 
 with prior payments, if there have been such, shall exceed 
 in amount at that time seventy-five per cent of the value 
 of the labor done and the materials used up to that time, 
 and no contract shall provide for or authorize or permit the 
 payment of more than seventy-five per cent of the contract 
 price before the completion of the work done under said 
 contract and the acceptance thereof by the proper officer, 
 department or board. 
 
 Public work to be done by contract. 
 
 Sec. 67. In the erection, improvement and repair of all 
 public buildings and works, in all street and sewer work, 
 and in all work in or about streams, bays or water front, 
 or in or about embankments or other works for protection 
 against overflow and erosion, and in furnishing any sup- 
 plies and materials for the same, or for any other use by 
 the City, when the expenditure required for the same ex- 
 ceeds the sum of five hundred dollars, the same shall be done 
 by contract, and shall be let to the lowest responsible bidder, 
 after advertising for sealed proposals for the work con- 
 templated for five consecutive days in the official newspaper. 
 Such notice shall distinctly and specifically state the work 
 contemplated to be done. Provided, however, the Council 
 may reject any and all bids, if deemed excessive, and re- 
 advertise for bids, or provide for the work to be done by the 
 Department of Public Works. In case no bid is received, 
 the Council may likewise provide for the work to be done 
 by the Department of Public Works. 
 
 Sec. 68. The Council shall annually call for bids for 
 advertising, and a contract therefor shall be awarded to the 
 lowest responsible bidder whose paper has a general circula- 
 tion in the City of Berkeley of at least five hundred. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 55 
 
 PROVIDED, that the Council may reject all bids, if in 
 its opinion the bid of the lowest responsible bidder is not 
 reasonable, and may again call for bids ; or may designate as 
 the official paper a newspaper of general circulation in the 
 City of Berkeley of at least five hundred and which shall have 
 been established at least one year. In no event shall the rate 
 for official advertising exceed the lowest rate charged by the 
 paper for publishing any class of advertising. 
 
 PROVIDED, that the Council may in its descretion post 
 notices and copies of all matters required by this Charter to 
 be published in ten prominent places in the City of Berkeley, 
 said places to be fixed by ordinance. This posting shall be 
 sufficient publication of any matter required by this Charter 
 to be published. 
 
 All portions of this Charter in conflict herewith are hereby 
 rquealed. 
 
 Contracts for lighting. 
 
 Sec. 69. No contract for lighting streets, public build- 
 ings, places or offices shall be made for a longer period than 
 one year, nor shall any contract to pay for electric light or 
 any illumination material at a higher rate than the minimum 
 price charged to any other consumer be valid. 
 
 Contracts for water. 
 
 Sec. 70. No contract for supplying water for the use of 
 the municipality in any of its departments shall be valid 
 wherein the rates exceed those charged to other consumers. 
 
 Hours of labor. 
 
 Sec. 71. The maximum time of labor or service required 
 of any laborer, workman or mechanic employed upon any 
 municipal work, whether so employed directly by the City 
 and its officers, or by a contractor -or sub-contractor, shall 
 be eight hours during any one calendar day. 
 
 Collusion with bidder. 
 
 Sec. 72. Any officer of the City, or of any department 
 thereof, who shall aid or assist a bidder in securing a con- 
 tract to furnish labor, material or supplies at a higher price 
 than that proposed by any other bidder, or who shall favor 
 
56 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 one bidder over another by giving or withholding informa- 
 tion or who shall wilfully mislead any bidder in regard to 
 the character of the material or supplies called for, or who 
 shall knowingly accept materials or supplies of a quality 
 inferior to those called for by the contract, or who shall 
 knowingly certify to a greater amount of labor performed 
 than has been actually performed, or to the receipt of a 
 greater amount or different kind of material or supplies 
 than has been actually received, shall be deemed guilty of 
 a malfeasance and shall be removed from office. 
 
 Collusion by bidder. 
 
 Sec. 73. If at any time it shall be found that the person 
 to whom a contract has been awarded, has, in presenting 
 any bid or bids, colluded with any other party or parties 
 for the purpose of preventing any other bid being made, 
 then the contract so awarded shall be null and void, and 
 the Council shall advertise for a new contract for said work 
 or provide for -such public work to be done by the Depart- 
 ment of Public Works. 
 
 ARTICLE XII. 
 
 FRANCHISES 
 
 Property rights of the City inalienable. 
 
 Sec. 74. The rights of the City in and to its water front, 
 wharf property, land under water, public landings, wharves, 
 docks, streets, highways, parks and all other public places, 
 except as otherwise provided in this Charter, are hereby de- 
 clared inalienable. 
 
 No use of streets without a franchise. 
 
 Sec. 75. No person, firm or corporation shall ever exer- 
 cise any franchise or privilege mentioned in this article 
 except in so far as he or it may be entitled to do so by 
 direct authority of the Constitution of California or of the 
 Constitution or laws of the United States, in, upon, over, 
 under and along any street, highway or other public place 
 in the city unless he or it shall have obtained a grant therefor 
 in accordance with the provisions of this article of this 
 Charter. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 57 
 
 Franchises to use streets. 
 
 Sec. 76. Every franchise or privilege to construct or 
 operate street, suburban, or interurban railroads along, upon, 
 over or under any street, highway, or other public place 
 or to lay pipes or conduits or to erect poles or wires or other 
 structures in, upon, over, under or along any street, high- 
 way or other public place in the City for the transmission of 
 gas or electricity, or for any purpose whatever, shall be 
 granted upon the conditions in this article provided, and not 
 otherwise. 
 
 Applications for franchises. 
 
 Sec. 77. (1) An applicant for a franchise or prilivege 
 
 shall file with the Council an application therefor, and 
 thereupon the Council shall, if it propose to grant the 
 same, advertise the facts of said application, together with 
 a statement that it is proposed to grant the same, in the 
 official newspaper of the City. The publication of such 
 advertisement must run for ten successive days and must be 
 completed not less than twenty days and not more than 
 thirty days before any further action can be taken on such 
 application. 
 
 Conditions of grant. 
 
 (2) The advertisement must state the character of the 
 franchise, permit or privilege it is proposed to grant, and, 
 if it be a street or suburban or interurban railroad, the 
 route to be traversed ; that sealed bids therefor will be opened 
 at a stated time and place, and that the franchise, permit or 
 privilege will be awarded to the bidder offering to pay to 
 the City during the life of the franchise, permit or privilege, 
 the highest percentage of the net annual revenue received 
 from the use, operation or possession of the franchise, per- 
 mit or privilege, provided that such net annual revenue 
 shall be determined by deducting from the gross annual reve- 
 nue collected from any and all sources, under and by virtue of 
 such franchise, permit or privilege, all operating and main- 
 tenance costs, taxes, insurance, depreciation as fixed by the 
 Board of Control and six (6) per cent interest on the valua- 
 tion of the property of the grantee used and useful or de- 
 
58 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 termined in the franchise ordinance to be of prospective 
 usefulness in the public service. Such valuation to be fixed 
 by the Railroad Commission of the State of California or its 
 successors in interest, and determined as provided in Section 
 eighty-two (82) of this Charter; and provided further that 
 the said percentage of the net annual revenue to be paid to 
 the City shall not be less than fifty -five (55) per cent; and 
 provided further that the Council shall have the right to 
 reject any and all bids. 
 
 (3) At the time of opening the sealed bids, any respon- 
 sible person, firm or corporation may bid for such franchise, 
 permit or privilege not less than one-half (J4) of one (1) 
 per cent of the net annual revenue for the entire term of the 
 franchise, permit or privilege above the highest sealed bid 
 therefor, and such bids so made may be raised not less than 
 cne-half (J4) of one (1) per cent of said net annual revenue 
 for such entire term, by any other responsible bidder, and 
 such bidding may continue until finally such franchise, per- 
 mit or privilege shall be struck off, sold and awarded by 
 the Council to the person, firm or corporation offering the 
 highest percentage of the said net annual revenue arising 
 from the use, operation or possession of said franchise, 
 permit or privilege subject to the provisions of Subdivision 
 2 of this Section; provided, that if in the judgment of the 
 Council no adequate or responsible bid has been made, the 
 Council may withdraw such franchise, permit or privilege 
 from sale or advertise for new bids. 
 
 If the franchise, permit or privilege is for a street or 
 suburban or interurban railroad, which shall extend beyond 
 the limits of the City of Berkeley, then and in that case the 
 percentage of the net annual revenue above specified shall 
 be computed or reckoned as follows:' The total length of 
 the said railroad within and without the City, shall be com- 
 pared with the length of said railroad within the City, for 
 which a franchise, permit or privilege is bid, and such frac- 
 tion of the net revenue for the whole of the said railroad, 
 within and without the City, as the portion of such railroad 
 within the City is of the said whole railroad shall be deemed 
 and considered the net annual revenue upon which the above 
 
CHARTER OF THE CITY OF BERKELEY 
 
 59 
 
 percentage to be paid into the City Treasury shall be 
 reckoned. No street or suburban or interurban or com-* 
 mercial railroad shall, without permission from the City of 
 Berkeley granted by ordinance so to do, use the tracks of 
 any other street or suburban or interurban or commercial 
 railroad within the City of Berkeley. 
 
 As amended in 1917. (Statutes 1917, Chap. 17, p. 1814.) 
 
 Deposit as guarantee of good faith. 
 
 (4) Every application and bid for franchise under this 
 article shall be accompanied by a cash deposit of two 
 thousand dollars or a certified check therefor, as a guar- 
 antee of the good faith of the applicant or bidder, and as 
 a fund out of which to pay all expenses connected with 
 such application and the granting of such franchise. 
 
 Upon the franchise being awarded, all deposits made by 
 unsuccessful bidders shall be returned. The deposit of the 
 successful bidder shall be retained until the filing and ap- 
 proval of the surety bond hereinafter provided for, where- 
 upon the remainder of such deposit, after the payment there- 
 from of all expenses incurred by the City in connection with 
 the advertising and awarding of such franchise, shall be 
 returned. 
 
 Free competition in bidding. 
 
 (5) No clause or condition of any kind shall be inserted 
 in any franchise or grant offered or sold under the terms 
 of this article which shall directly or indirectly restrict free 
 and open competition in bidding therefor, and no clause or 
 provision shall be inserted in any franchise offered for sale 
 which shall in any wise favor one person, firm or corporation 
 as against another in bidding for the purchase thereof. 
 
 Bond. 
 
 (6) The successful bidder for any franchise or privilege 
 awarded under this article shall file a bond running to the 
 City to be approvid by the Council, in the penal sum by it to 
 be prescribed and set forth in the advertisement for bids, 
 conditioned that such bidder shall well and truly observe 
 and faithfully perform each and every term and condition 
 of such franchise, and that in case of any breach of condi- 
 
60 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 tions of such bond, the whole amount of the penal sum 
 therein named shall be taken and deemed to be liquidated 
 damages and shall be recoverable from the principal and 
 surety upon such bond. 
 
 Such bond shall be filed with the Council within five days 
 after such franchise is awarded, and within thirty days after 
 the filing and approval of such bond such franchise shall 
 by the Council be granted by ordinance to the person, firm 
 or corporation to whom it shall have been struck off, sold, 
 or awarded, and in case such bond shall not be so filed, the 
 award of such franchise shall be set aside and any money 
 deposited in connection with the awarding of the franchise 
 shall be forfeited and the franchise shall, in the discretion of 
 the Council, be readvertised and again offered for sale in 
 the same manner and under the same restrictions as herein- 
 before provided. 
 
 Re-settlement franchises. 
 
 Sec. 77^2. The Council is hereby empowered to provide 
 for a general re-settlement of the franchise rights of and 
 to grant a re-settlement franchise to any person, firm or 
 corporation actually engaged in operating- a public utility 
 or utilities in the City of Berkeley at the time this amend- 
 ment becomes effective, upon written application therefor 
 and upon the fallowing terms and conditions, and not 
 otherwise : 
 
 Advisory Board. 
 
 (i) Whenever such written application, as above pro- 
 vided for, shall have been made, the Mayor thereupon shall 
 appoint an Advisory Board to consist of seven (7) citizens, 
 who shall co-operate with the Council in preparing such 
 re-settlement franchise; and said written application for a 
 re-settlement franchise shall thereupon be referred to said 
 Advisory Board, which shall make within a reasonable time 
 a written report thereon to the Council ; and without such 
 report said Council shall have no power to pass such re- 
 settlement franchise. The said citizens shall serve without 
 pay, but all reasonable expense incurred by them in the work 
 of preparing said re-settlement franchise shall be paid by 
 
CHARTER OF THE CITY OF BERKELEY 
 
 61 
 
 the City upon the presentation of a proper bill, in the same 
 manner as any other proper claim against the City. 
 
 Time period of franchise. 
 
 (2) Every such re-settlement franchise, permit or priv- 
 ilege shall be granted for an indeterminate period subject 
 always to the right of the City to acquire and possess the 
 property of the grantee or to assign its rights to purchase 
 and possess to a third person, firm or corporation, as herein 
 provided. 
 
 Division of annual net revenue. 
 
 (3) Every such re-settlement franchise, permit or priv- 
 ilege shall confer upon the grantee thereof the right to 
 occupy the streets and public places of the City particu- 
 larly set out in the terms and conditions of said franchise, 
 permit or privilege, subject always to the right of the City 
 to acquire and possess the property of said grantee, or to 
 assign its right to purchase and possess to a third person, 
 firm or corporation, as provided in this Article; provided, 
 however, that said grantee shall pay the City such a per- 
 centage of the net revenue annually collected from any and 
 all sources under and by virtue of such franchise, permit or 
 privilege, which percentage shall not be less than fifty-five 
 ( 55 ) P er cent of such annual net revenue, and provided 
 further, that such annual net revenue shall be determined by 
 deducting from the annual gross revenue all operating and 
 maintenance costs, taxes, insurance, depreciation as fixed by 
 the Board of Control and six (6) per cent interest on the 
 valuation of the property used and useful or determined in 
 the franchise ordinance to be of prospective usefulness in 
 the public service. Such valuation to be fixed by the Rail- 
 road Commission of the State of California, or its successors 
 in interest, and determined as provided in Section Eighty- 
 two (82) of this Charter. 
 
 Passage and approval of franchise. 
 
 (4) Every such re-settlement franchise shall be intro- 
 duced in the Council in the form of an ordinance, at least 
 ten days prior to being passed to print, and shall remain 
 before the Council at least twenty (20) days after printing 
 
62 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 before final passage. After the final passage of said ordi- 
 nance the same shall be referred and submitted to the vote 
 of the electors of the City at the general or special election 
 next ensuing not less than twenty (20) days after the final 
 passage of such ordinance. But if no general or special elec- 
 tion is to be held in the City within a period of not less than 
 twenty (20) days and not more than ninety (90) days after 
 such final passage, the Council shall call a Special Election 
 for the purpose of submitting said ordinance to the electors 
 as aforesaid, said Special Election to be held not less than 
 thirty (30) days and not more than sixty (60) days after 
 such final passage. 
 
 No such re-settlement franchise ordinance shall go into 
 effect until it shall have been so submitted to the electors 
 of the City and received the approval of a majority of the 
 electors voting thereon. Section 6; Subdivision 5 of Sec- 
 tion 92; Subdivisions 13, 14, 15, 20 and 26 of Section 5 of 
 this Charter, so far as applicable, shall govern elections held 
 under the provisions of this section. 
 
 Public Hearings by Council. 
 
 (5) The Council shall hold public hearings on every 
 proposed re-settlement franchise prior to its final passage, 
 and not later than seven days after such final passage shall 
 cause such re-settlement franchise to be printed in con- 
 venient pamphlet form for public distribution and shall 
 publish daily thereafter up to the date of such election in 
 the official newspaper of the City a notice to the effect 
 that any person may procure a copy of such re-settlement 
 franchise upon application therefor made in person or by 
 mail to the City Clerk, provided that all costs of printing, 
 publishing and advertising said franchise shall be borne 
 by the grantee of said franchise. 
 
 Additional powers. 
 
 (6) In the passage of a re-settlement franchise, the 
 Council shall have power to impose terms and conditions 
 not inconsistent with this Charter, in addition to the terms 
 and conditions provided for herein, and shall have such 
 other powers hereunder as may be found necessary to the 
 proper preparation, enactment, and the carrying out of the 
 
CHARTER OF THE CITY OF BERKELEY 
 
 63 
 
 terms of a re-settlement franchise that provided, first, serv- 
 ice of the highest efficiency to the public, second, sufficient 
 new money to make extensions in the service of the public 
 utility necessary in the proper development of the City, 
 and third, the right of the City to convey to a third per- 
 son, firm or corporation the City’s privileges of purchas- 
 ing the property of the grantee upon like terms and condi- 
 tions as the City may so purchase. 
 
 Amendments to re-settlement franchises. 
 
 (7) Any re-settlement franchise may be amended from 
 time to time by ordinance passed by the Council and rati- 
 fied by the electors of the City in the manner herein pre- 
 scribed for the passage of such re-settlement franchise in 
 the first instance and not otherwise, provided that any such 
 amendment shall not be effective unless accepted in writing 
 by the grantee of such re-settlement franchise, and provided 
 further that the Council in the preparation of such amend- 
 ment may in its discretion act without the appointment of an 
 advisory board, and that no such amendment shall in any 
 respect contravene the provisions of this Section of this 
 Charter. 
 
 Joint Control. 
 
 (8) Every re-settlement franchise shall provide for a 
 Board of Control to consist of two competent and experi- 
 enced men, one to be selected by the Council and one by 
 the grantee of said franchise, all disagreements between the 
 two to be decided by an arbiter appointed for that purpose 
 in a manner to be determined in such franchise. 
 
 Service. 
 
 (9) Every re-settlement franchise shall provide for ser- 
 vice of the highest efficiency, which shall be maintained dur- 
 ing the life of the franchise. 
 
 New franchises and extensions. 
 
 (10) Every re-settlement franchise shall provide that 
 any new franchise granted to the holder of such re-settle- 
 ment franchise shall be considered as a part of such re-set- 
 tlement franchise, and shall also provide that the Council 
 may by ordinance grant to the grantee of such re-settlement 
 
64 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 franchise the right to extend the appliances and service of 
 such grantee. All such extensions shall become a part of 
 the aggregate property of such property of such grantee, and 
 shall be subject to all the obligations and rights in favor 
 of the City applicable to the property of the grantee by 
 virtue of such re-settlement franchise. The right to use 
 and maintain any such extension shall expire with the origi- 
 nal grant of such grantee by which the extensions are made. 
 
 Consolidated or annexed territory. 
 
 (n) Every re-settlement franchise shall provide that 
 in case of consolidation with or annexation to the City of 
 any territory not now included in said City, any franchise 
 to operate such utility or any part thereof, held or claimed 
 by the holder of such re-settlement franchise in or for any 
 portion of such consolidated or annexed territory shall there- 
 upon be surrendered to the City and that the rights and obli- 
 gations of such re-settlement franchise shall thereupon auto- 
 matically extend to such additional territory, and that a 
 valuation of the properties used and useful, or in the dis- 
 cretion of the City prospectively useful in the operation of 
 such utility in the area so consolidated or annexed and not 
 included in the capital valuation already fixed in such re- 
 settlement ^franchise shall be added to the capital account of 
 said re-settlement franchise grantee at a valuation fixed by 
 the Railroad Commission of the State of California, or its 
 successors in interest, and otherwise determined as provided 
 in Section Eighty-two (82) of this Charter. 
 
 Provision for the surrender of existing franchises. 
 
 (12) Every re-settlement franchise shall provide for the 
 surrender by the grantee thereof of any or all of the fran- 
 chises or rights owned or claimed by such grantee for the 
 occupation of the streets or public places of said City at 
 the time of such re-settlement, and the acceptance in lieu 
 thereof of the rights and privileges granted by such re-set- 
 tlement franchise as a franchise for the continued operation 
 of such utility within the limits of the City or such portion 
 thereof as had heretofore been operated under the franchise 
 or franchises so surrendered, but not in contravention of any 
 conditions of this Charter. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 65 
 
 Assumption of bonded indebtedness. 
 
 (13) Every re-settlement franchise may provide that, 
 when purchasing the property of the grantee, the City, if 
 and when permitted by the provisions of the Constitution 
 of the State of California, miay assume the obligations of 
 such grantee for the payment of the bonds then outstanding 
 against said property, not exceeding in aggregate par value 
 the valuation of the property thus purchased, determined as 
 in Section Eighty-two (82) of this Charter provided, and 
 in such case the par value of such bonds shall be deducted 
 from the said valuation of the property and the excess, if 
 any, of the valuation of the property over the par value of 
 the bonds so assumed shall be the purchase price to be paid 
 to the g*rantee by the City for said property. After such 
 purchase, the bonds so assumed shall no longer be a lien ex- 
 clusively upon the franchise or property of the utility as 
 such, but may be secured by the general credit of the City 
 or by a lien upon a fixed percentage or amount of the gross 
 earnings of such utility, or otherwise, as may be provided in 
 such re-settlement franchise. 
 
 As amended in 1917. (Statutes 1917, Chap. 17, p. 1814.) 
 
 Life of franchise. 
 
 Sec. 78. Every franchise, permit or privilege shall be 
 granted for an indeterminate period, subject always to the 
 right of the City to acquire and possess the property of the 
 grantee and to assign its right to acquire and possess to a 
 third person, firm or corporation as in Section Eighty-two 
 (82) hereof provided. 
 
 As amended in 1917. (Statutes 1917, Chap. 17, p. 1814.) 
 
 Beginning and completion of work. 
 
 Sec. 79. Work under any franchise granted in accord- 
 ance with the terms of this article shall be commenced in 
 good faith within not more than four months from the 
 date of the final passage of the ordinance granting such 
 franchise and if not so commenced within said time, said 
 franchise shall be forfeited. Work under any franchise so 
 granted shall be completed within the time fixed for such 
 completion in the ordinance granting such franchise, which 
 
66 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 time shall not be more than three years from the date of 
 the final passage of the ordinance granting said franchise, 
 and if not so completed within said time, said franchise 
 shall be forfeited; provided, that if good cause be shown, 
 the Council may by resolution extend the time for comple- 
 tion thereof not exceeding three months. 
 
 Service and accommodation. 
 
 Sec. 80. The grant of every franchise or privilege shall 
 be subject to the right of the City, whether reserved or not, 
 to make all regulations which shall be necessary to secure 
 in the most ample manner the safety, welfare and accommo- 
 dations of the public, including among other things the right 
 to pass and enforce ordinances to protect the public from 
 danger or inconvenience in the operation of any work or 
 business authorized by the grant of the franchise and the 
 right to make and enforce all of such regulations as shall 
 be reasonably necessary to secure adequate, sufficient and 
 proper service and accommodations for the people and insure 
 their comfort and convenience. 
 
 Rates and charges. 
 
 Sec. 8 1. The grant of every franchise or privilege shall 
 be subject to the right of the City, whether reserved or 
 not, to prescribe and regulate the rates, fares, rentals or 
 charges made for the service rendered under such franchise. 
 The grant of every franchise for a street, suburban or inter- 
 urban railroad shall provide that all United States mail car- 
 riers and all officials, policemen and firemen of the City shall 
 at all times, while in the actual discharge of their duties, be 
 allowed to ride on the cars of such railroad within the boun- 
 daries of the City, without paying therefor and with all the 
 rights of other passengers. 
 
 Right of City to assume ownership. 
 
 Sec. 82. Every new franchise, permit or privilege and 
 every re-settlement franchise, shall be granted upon the ex- 
 press condition that the City may, at a valuation fixed and 
 determined, as hereinafter provided, either assume owner- 
 ship by purchase and take over to itself the property used 
 and useful or in the discretion of the City prospectively useful 
 
CHARTER OF THE CITY OF BERKELEY 
 
 67 
 
 of the franchise grantee, his or its successors or assigns, or 
 assign its right to acquire and possess said property to a third 
 person, firm or corporation upon giving said grantee six 
 months’ written notice of its intention to so purchase and 
 take over said property, which written notice shall be given 
 only when authorized by ordinance. The valuation of such 
 property, used and useful, or in the discretion of the City 
 prospectively useful and owned by the grantee at the time 
 application is made for said new franchise, permit or privi- 
 lege, or for said re-settlement franchise, shall be fixed by the 
 Railroad Commission of the State of California, or its suc- 
 cessor in interest, and shall be set forth in said new fran- 
 chise, permit or privilege, or in said re-settlement franchise, 
 as the case may be. To this value shall be added the cost 
 of all additions, extensions and betterments made with the 
 approval of the Board of Control ; and from this value shall 
 be deducted the value of property sold or abandoned and 
 the depreciation to be determined and fixed by the Board of 
 Control in accordance with the provisions of the franchise 
 and annually charged to the capital value of said property; 
 and the valuation to which said additions have been made 
 and from which such deductions have been made shall be the 
 valuation upon which the six per cent interest referred to in 
 subdivision three (3) of section seventy-seven and one-half 
 (77J4), and in subdivision two (2) of section seventy-seven 
 (77) shall be computed, and shall be the valuation at which 
 said property may be acquired by the City, or by the third 
 person, firm or corporation to which such right is assigned 
 by the City. 
 
 As amended in 1917. (Statutes 1917, Chap. 17, p. 1814.) 
 
 No conveyance necessary for City’s ownership. 
 
 Sec. 83. Every ordinance granting any franchise shall 
 further provide that upon the payment by the City of a 
 fair valuation in the manner provided in the ordinance, the 
 plant and property of the grantee shall become the prop- 
 erty of the City by virtue of the grant in payment there- 
 under, and without the execution of any instrument or 
 conveyance. Or in case it is provided in the ordinance 
 granting any franchise that the property and plant of the 
 
68 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 grantee shall, at the expiration of the period for which it 
 was granted, become the property of the City without any 
 compensation to the grantee, the property and plant of the 
 grantee shall then become the property of the City by virtue 
 of the grant and without the execution of any instrument 
 or conveyance. 
 
 Lease or assignment of franchise. 
 
 Sec. 84. Any franchise granted by the City shall not be 
 leased, assigned or otherwise alienated without the express 
 consent of the City, and no dealings with a lessee or assignee 
 on the part of the City to require the performance of any 
 act or payment of any compensation by the lessee or assignee 
 shall be deemed to operate as such consent; provided, that 
 nothing' herein shall be construed to prevent the grantees of 
 such franchise from including it in a mortgage or trust deed 
 executed for the purpose of obtaining money for corporate 
 objects. 
 
 Street sprinkling, cleaning and paving. 
 
 Sec. 85. Every grant of any franchise, permit or priv- 
 ilege, in, over, under or along any streets, highways,, or 
 public places in the City for railroad, street railway, sub- 
 urban or interurban railway purposes, shall be subject to 
 the conditions that the persons, firm or corporation exer- 
 cising or enjoying the same shall sprinkle, plank or re- 
 plank, pave or re-pave, macadamize or re-macadamize the 
 entire length of the street, highway, or other public place 
 used by the track or tracks of such railroad or railway, 
 and between the rails, and for two feet on each side thereof, 
 and between the tracks, if there be more than one, and keep 
 the same constantly in repair, flush with the street, and 
 with good crossings; and such street work shall be done with 
 the kind of materials and in such manner as the Council 
 may by ordinance direct, at the same time and as a part of 
 the same operation as the work on the remainder in width 
 of said street, highway or other public place, to the satisfac- 
 tion of the Superintendent of Streets; provided, however, 
 that when in the opinion of the Council the space between 
 the rails and tracks of the grantee and two feet on each side 
 thereof or any portion of the same is not required for pur- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 69 
 
 poses other than railway traffic, the same need not be paved 
 in like manner as the remainder of the street or public place, 
 but shall be treated as the Council may direct. 
 
 As amended in 1917. (Statutes 1917, Chap. 17, p. 1814.) 
 
 Examination of Company’s books. Audit. 
 
 Sec. 86. The City of Berkeley, by its Auditor, Deputy 
 Auditor, or accountants authorized by the Auditor, or by 
 the Council shall have the right at all reasonable times to 
 examine all the books, vouchers and records of any person, 
 firm or corporation exercising or enjoying any franchise or 
 privilege granted by the City for the purpose of verifying 
 any of the statements of gross receipts provided for, and 
 for any other purpose whatsoever connected with the duties 
 or privileges of the City or of such person, firm or corpora- 
 tion arising from this Charter or from the ordinance grant- 
 ing the franchise, and may audit the same at the end of 
 each year. 
 
 Annual reports of company. 
 
 Sec. 87. Every person, firm or corporation operating 
 any business under a franchise granted under this article 
 shall file annually with the City Auditor on such date as 
 shall be fixed by the Council a report for the preceding year. 
 
 Such report shall be in writing, verified by the affidavit 
 of such person or persons, or officer of the corporation, as 
 the Council shall direct, and shall contain a statement, in 
 such form and detail as shall from time to time be pre- 
 scribed by the Council of all the gross receipts arising from 
 all the business done by said person, firm or corporation 
 within the City of Berkeley for the year immediately pre- 
 ceding, such report. Such report shall contain such further 
 statements as may be required by the Council concerning 
 the character and amount of business done and the amount 
 of receipts and expenses connected therewith, and also the 
 amount expended for new construction, repairs and better- 
 ments during such year. 
 
 Payment of gross receipts. 
 
 Sec. 88. The stipulated percentage of net receipts pro- 
 vided in this Charter to be paid for the use and enjoyment 
 
70 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 of any franchise, permit or privilege shall be paid annually 
 at the time of filing the annual report provided for in Sec- 
 tion Eighty-seven (87) of this Charter to be filed by per- 
 sons, firms or corporations holding franchises, permits or 
 privileges. Failure to pay such percentage shall work a 
 forfeiture of the franchise, permit or privilege. 
 
 As amended in 1917. (Statutes 1917, Chap. 17, p. 1814.) 
 
 Forfeiture of non-compliance. 
 
 Sec. 89. Every ordinance granting any franchise or 
 privilege shall provide for the termination and forfeiture 
 thereof for any breach or failure to comply with any of the 
 terms, limitations or conditions thereof, and in all such cases 
 the Council shall have power to declare the termination and 
 forfeiture of any such franchise or privilege, the same as 
 though in each instance such power was expressly reserved. 
 
 Reservation for belt lines. 
 
 Sec. 90. No exclusive right or privilege shall ever be 
 granted by the City or Council in, to or upon the bed of 
 the Bay of San Francisco beyond the line of mean low tide; 
 nor shall any structure be erected thereon so as to prevent 
 the construction and operation of belt lines of railroads 
 along the waterfront; and any franchise or permit for a 
 railroad track in, over or upon the bed of the Bay of San 
 Francisco shall be subject to the right of any other railroad 
 or railroad company to use the same upon the payment of 
 a reasonable compensation therefor. 
 
 Franchise not in use forfeited. 
 
 Sec. 91. All franchise and privileges heretofore granted 
 by the City which are not in ‘actual use or enjoyment or 
 which the grantees thereof have not in good faith com- 
 menced to exercise, shall be declared forfeited and invalid, 
 unless such grantees or their asissgns shall, within six months 
 after this Charter takes effect, in good faith commence the 
 exercise and enjoyment of such privilege or franchise. 
 
 ARTICLE XIII. 
 
 THE INITIATIVE 
 
 Direct legislation. 
 
 Sec. 92 ( 1 ) Any proposed ordinance may be submitted 
 
CHARTER OF THE CITY OF BERKELEY 
 
 71 
 
 to the Council by a petition signed by registered electors 
 of the City equal in number to the percentage hereinafter 
 required. 
 
 Provisions of Section 5 apply. 
 
 (2) The provisions of Section 5 of Article III respect- 
 ing the forms and conditions of the petition and the mode 
 of verification and certification and filing shall be substan- 
 tially followed, with such modifications as the nature of 
 the case requires. 
 
 Fifteen per cent petition. 
 
 (3) If the petition accompanying the proposed ordi- 
 nance be signed by electors equal in number to fifteen per 
 centum of the entire vote cast for all candidates for Mayor 
 at the last preceding general municipal election at which a 
 Mayor was elected, and contain a request that said ordi- 
 nance be submitted forthwith to the vote of the people at 
 a special election, then the Council shall either : 
 
 (a) Pass said ordinance without alteration within twenty 
 days after the attachment of the Clerk’s certificate of suf- 
 ficiency to the accompanying petition (subject to a refer- 
 endary vote, under the provisions of Article XIV of this 
 Charter) ; or, 
 
 (b) Within twenty-five days after the Clerk shall have 
 attached to the petition accompanying such ordinance his 
 certificate of sufficiency, the Council shall proceed to call a 
 special election at which said ordinance without alteration 
 shall be submitted to a vote of the people. 
 
 Five per cent petition. 
 
 (4) If the petition be signed by electors equal in num- 
 ber to at least five, but less than fifteen, per centum of the 
 entire vote cast for all candidates for Mayor at the last 
 preceding general municipal election at which a Mayor was 
 elected, and said ordinance be not passed by the Council as 
 provided in the preceding subdivision, then such ordinance, 
 without alteration, shall be submitted by the Council to a 
 vote of the people at the next general municipal election that 
 shall occur at any time after twenty days from the date of 
 the Clerk’s certificate of sufficiency attached to the petition 
 accompanying such ordinance. 
 
72 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Publication of Popular Ordinance. 
 
 (5) Whenever any ordinance or proposition is required 
 by this Charter to be submitted to the voters of the City 
 at any election either (a) the Council shall cause the ordi- 
 nance or proposition to be printed and it shall be the duty 
 of the Clerk to enclose a printed copy thereof in an envelope 
 with a sample ballot and mail the same to each voter, at 
 least three days prior to the election, or (b) the Council may 
 order such ordinance or proposition to be printed in the 
 official newspaper of the City and published in like manner 
 as ordinances adopted by the Council are required to be 
 published and may order that such publication shall take 
 the place of the printing and mailing of the ordinance or 
 proposition and of the sample ballots as first above provided. 
 
 Election. 
 
 (6) The ballots used when voting upon such proposed 
 ordinance shall contain the words, “For the Ordinance” 
 (setting forth in full the title thereof and stating the general 
 nature of the proposed ordinance) and “Against the Ordi- 
 nance,” (setting forth in full the title thereof and stating 
 the general nature of the proposed ordinance.) If a ma- 
 jority of the qualified electors voting on said proposed ordi- 
 nance shall vote in favor thereof, such ordinance shall there- 
 upon become a valid and binding ordinance of the City. 
 
 Several ordinances at one election. 
 
 (7) Any number of proposed ordinances may be voted 
 upon at the same election, in accordance with the provisions 
 of this article. 
 
 Limit to special elections. 
 
 (8) There shall not be held under this article of the 
 Charter more than one special election in any period of six 
 months. 
 
 Repeal of popular ordinance. 
 
 (9) The Council may submit a proposition for the re- 
 peal of any such ordinance, or for amendments thereto, to 
 be voted upon at any succeeding general municipal election; 
 and should such proposition, so submitted, receive a majority 
 
CHARTER OF THE CITY OF BERKELEY 
 
 73 
 
 of the votes cast thereon at such election, such ordinance 
 shall be repealed or amended accordingly. An ordinance 
 proposed by petition, or adopted by a vote of the people, 
 cannot be repealed or amended except by a vote of the people. 
 
 Further regulations. 
 
 (io) The Council may, by ordinance, make such further 
 regulations as may be necessary to carry out the provisions 
 of this section, and to adapt the provisions of Section 5 of 
 Article III thereto. 
 
 ARTICLE XIV. 
 
 THE REFERENDUM 
 Mode of protesting against ordinances. 
 
 Sec. 93. No ordinance passed* by the Council shall go 
 into effect before thirty days from the time of its final 
 passage except when otherwise required by the general laws 
 of the State or by the provisions of this Charter respecting 
 street improvements, and except the ordinance making the 
 annual tax levy, and except an ordinance for the immediate 
 preservation of the public peace, health or safety, which con- 
 tains a statement of its urgency, and is passed by a seven- 
 ninths (7-9) vote of the Council; provided, that no grant 
 of any franchise shall be construed to be an urgency measure, 
 but all franchises shall be subject to the referendum vote 
 herein provided. If during said thirty days a petition signed 
 by qualified electors of the City equal in number to at least 
 ten per centum of the entire vote cast for all candidates for 
 Mayor at the last preceding general municipal election at 
 which a Mayor was elected, protesting against the passage 
 of such ordinance, be presented to the Council, the same 
 shall thereupon be suspended from going into operation and 
 it shall be the duty of the Council to reconsider such ordi- 
 nance, and if the same be not entirely repealed, the Council 
 shall submit the ordinance, as is provided in Article XIII 
 of this Charter, to the vote of the electors of the City, either 
 at the next general municipal election or at a special election 
 to be called for that purpose, and such ordinance shall not 
 go into effect or become operative unless a majority of the 
 qualified electors voting on the same shall vote in favor 
 
74 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 thereof. The provisions of Section 5 of Article III respect- 
 ing the forms and conditions of the petition and the mode 
 of verification and certification and filing shall be substantially 
 followed, with such modifications as the nature of the case 
 requires. 
 
 Reference of measures to popular vote. 
 
 Sec. 94. Any ordinance or measure that the Council or 
 the qualified voters of the City shall have authority to enact, 
 the Council may of its own motion submit to the electors 
 for adoption or rejection at a general or special municipal 
 election, in the same manner and with the same force and 
 effect as is provided in this Charter for ordinances or 
 measures submitted on petition. At any special election 
 called under the provisions of this Charter, there shall be 
 no bar to the submission of other questions to a vote of the 
 electors in addition to the ordinances or measures herein 
 •provided for, if said other questions are such as may legally 
 be submitted at such election. If the provisions of two or 
 more measures approved or adopted at the same election 
 conflict then the measure receiving the highest affirmative 
 vote shall control. 
 
 Further regulations. 
 
 Sec. 95. The Council may, by ordinance, make such 
 further regulations as may be necessary to carry out the 
 provisions of this article, and to adapt the provisions of 
 Section 5 of Article III thereto. 
 
 ARTICLE XV. 
 
 THE PUBLIC SCHOOLS 
 The Board of Education. 
 
 Sec. 96. The Board of Education shall have entire con- 
 trol and management of the public schools in the City in 
 accordance with the Constitution and general laws of the 
 State, and is hereby vested with all the powers and charged 
 with all the duties provided by this Charter and by the 
 general laws of the State for City Boards of Education. 
 
 President of the Board. 
 
 Sec. 97. The Board of Education shall annually elect 
 
CHARTER OF THE CITY OF BERKELEY 
 
 75 
 
 one of its own members to be President of the Board. He 
 may be removed by the affirmative vote of four members. 
 The President shall have no other vote than his vote as 
 member of the Board. 
 
 Meetings. 
 
 Sec. 98. The Board of Education shall meet at such 
 times as may be designated by resolution of said Board 
 and in the place provided therefo;* by the Council. The 
 Board shall provide the manner in which special meetings 
 shall be called. 
 
 Quorum. 
 
 Sec. 99. Three members of the Board shall constitute a 
 quorum, and the affirmative votes of three members shall 
 be necessary to pass any measure, but a less number than 
 three may adjourn from day to day and compel the attend- 
 ance of absent members in such manner as the Board may 
 prescribe. 
 
 Rules of proceedings. 
 
 Sec. 100. The Board of Education may determine the . 
 rules of its proceedings. 
 
 Meetings to be public. 
 
 Sec. 1 01. All meetings of the Board of Education shall 
 be public. 
 
 Superintendent of Schools. 
 
 Sec. 102. The Board of Education shall appoint a Super- 
 intendent of Schools and fix his compensation. 
 
 Powers and duties of the Superintendent. 
 
 Sec. 103. The Superintendent of Schools shall be the 
 executive officer of the Board of Education and he shall 
 give his full time to the duties of . his office. He shall be 
 subject only to the Board of Education and all orders of 
 the Board relating to the direction of the principals, teach- 
 ers, and janitors shall be given through him. He must 
 examine all plans for the construction or reconstruction of 
 school buildings and report in writing to the Board any 
 objections he may find thereto. He shall have supervision 
 
76 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 of the course of instruction and of the discipline and con- 
 duct of the schools. He, or a Deputy Superintendent, may 
 be required to act as Secretary of the Board of Education. 
 
 Powers of Superintendent with reference to teachers. 
 
 Sec. 104. The Superintendent of Schools shall nominate 
 and recommend all teachers and principals for election by 
 the Board of Education. He shall assign all teachers and 
 principals and make all transfers necessary to the success- 
 ful operation of the schools. 
 
 Election of teachers. 
 
 Sec. 105. The Board of Education shall elect all teach- 
 ers, but only from a list of candidates nominated and rec- 
 ommended by the Superintendent of Schools. The Board 
 of Education may make rules in accordance with which 
 the Superintendent must make such nominations and rec- 
 ommendations. 
 
 Tenure of teachers. 
 
 Sec. 106. For the first two years of their service in the 
 School Department of the City, teachers shall be subject 
 to annual election. After two years’ service they shall be 
 elected for a term of three years. 
 
 School warrants. 
 
 Sec. 107. Every claim payable out of the School Fund 
 shall be filed with the Secretary of the Board of Education, 
 and after it shall have been approved by the Board a certifi- 
 cate of such approval shall be endorsed thereon, signed by 
 the President and Secretary, and a warrant upon the School 
 Fund shall be issued thereon for the payment of such claim. 
 Said warrant shall be signed by the President and counter- 
 signed by the Secretary and shall specify the purpose for 
 which it is drawn and receive the approval of the Auditor as 
 provided in Section 61. 
 
 Annual estimate of expenses. 
 
 Sec. 108. The Board of Education shall annually, on 
 such date as shall be fixed by the Council, submit in writing 
 to the Council a careful estimate of the whole amount of 
 money to be received from the State and County for the 
 
CHARTER OF THE CITY OF BERKELEY 
 
 77 
 
 support of the public schools in the City, together with a 
 careful estimate of the amounts, specifying in detail the 
 objects thereof, required from the City for the adequate 
 support of the public schools for the ensuing year. The 
 amount estimated to be required from the City shall, subject 
 to the provisions of this Charter, be assessed and collected 
 in the annual tax levy. The proceeds of such tax shall be 
 immediately paid into the School Fund of the City, to be 
 drawn out only upon the order of the Board of Education. 
 
 ARTICLE XVI. 
 
 MISCELLANEOUS 
 When this Charter takes effect. 
 
 Sec. 109. For the purpose of nominating candidates and 
 electing Mayor, Auditor, Councilmen and School Directors 
 in accordance with this Charter, this Charter shall take 
 effect from the time of the approval of the same by the 
 Legislature; for all other purposes it shall take effect on 
 the first day of July, 1909. 
 
 First election under this Charter. 
 
 Sec. no. The Board of Trustees of the Town of Berke- 
 ley in office at the time this Charter is approved by the 
 Legislature shall provide for the holding of the first elec- 
 tion of officers under this Charter, shall canvass the votes, 
 declare the result and approve the bonds of all officers elected 
 at such elections. 
 
 Terms of incumbents in office. 
 
 Sec. in. The members of the Board of Trustees, the 
 Auditor, and the members of the Board of Education in 
 office at the time of the approval of this Charter by the 
 Legislature shall continue to hold office and discharge their 
 duties until the election and qualification of the Mayor, 
 Auditor, Counciimen and School Directors, respectively, 
 first elected under this Charter. 
 
 The term of each of all the other officers in office at the 
 time this Charter takes effect shall cease and terminate 
 when the Council first elected hereunder shall by resolution 
 so declare. 
 
78 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Existing ordinances continued; in force. 
 
 Sec. 1 12. All lawful City ordinances, resolutions and 
 regulations in force at the time this Charter takes effect and 
 not inconsistent with the provisions thereof are hereby con- 
 tinued in force until the same shall be duly amended or 
 repealed. 
 
 Conduct of legal proceedings. 
 
 Sec. 1 13. The City Attorney shall prosecute, in behalf 
 of the people, all criminal cases arising from violations of 
 the provisions of this Charter and the ordinances of the 
 City, and shall attend to all suits and proceedings in which 
 the City may be legally interested; provided, the Council 
 shall have control of all litigation of the City and may 
 employ other attorneys to take charge of any litigation or 
 to assist the City Attorney therein. 
 
 Violation of Charter and ordinances. 
 
 Sec. 1 14. The violation of any provision of this Charter 
 or of any ordinance of the City shall be deemed a misde- 
 meanor, and may be prosecuted by the authorities of the 
 City in the name of the people of the State of California, 
 or may be redressed by civil action, at the option of said 
 authorities. Any person sentenced to imprisonment for the 
 violation of a provision of this Charter or of an ordinance 
 may be imprisoned in the City jail, or, if the Council by 
 ordinance shall so prescribe, in the county jail of the county 
 in which the City of Berkeley is situated, in which case the 
 expense of such imprisonment shall be a charge in favor of 
 such county against the City of Berkeley. 
 
 Municipal affairs. 
 
 Sec. 1 15. The City of Berkeley shall have the right and 
 power to make and enforce all laws and regulations in 
 respect to municipal affairs, subject only to the restrictions 
 and limitations provided in this Charter; provided, however, 
 that nothing herein shall be construed to prevent or restrict 
 the City from exercising or consenting to, and the City is 
 hereby authorized to exercise, any and all rights, powers and 
 privileges heretofore or hereafter granted or prescribed by 
 general laws of the State. 
 
 As amended 1921. (Statutes 1921, Chap. 16.) 
 
CHARTER OF THE CITY OF BERKELEY 
 
 79 
 
 Putting City Manager System Into Effect. 
 
 Sec. 1 1 6. Charter Amendment No. I, providing for the 
 City Manager System of Municipal Government by amend- 
 ing Sections 8, 14, 15, 17, 18, 19 and 20 of Article V, Sec- 
 tions 21 and 24 of Article VI, Sections 27, 28, 30, 31, 32, 
 33, 34 and 35 of Article VII, Subsection 3 of Section 44 
 of Article VIII, Subsection 44 of Section 49 of Article 
 IX, Sections 52, 53, 54, 55 and 61 of Article X, and Sec- 
 tion 93 of Article XIV of the Charter of the City of Berke- 
 ley, California, repealing Sections 23, 25 and 26 of Article 
 VI, Section 29 of Article VII, and Section 45 of Article 
 VIII, and all portions of said Charter in conflict with said 
 Amendment No. 1, and adding to Article XVI of said Charter 
 a new section to be numbered 116, which shall, for the pur- 
 pose of nominating candidates and electing Mayor, Auditor 
 and Councilmen, take effect from the time of the approval of 
 the same by the Legislature ; for all other purposes it shall 
 take effect on the first day of July, 1923. 
 
 The terms of office of Mayor, Auditor and Councilmen 
 holding office at the time of the approval of Amendment 
 No. 1 by the Legislature shall end at 12 o’clock noon, on 
 the first day of July, 1923, and the terms of office of the 
 Mayor, Auditor and Councilmen elected in pursuance of 
 Amendment No. I shall commence at 12 o’clock noon on the 
 first day of July, 1923, provided, that the aforesaid officers 
 in office at the time of the approval of Amendment No. I by 
 the Legislature shall continue to hold office and discharge 
 their duties until the election and qualification of their suc- 
 cessors; provided further, that the members of the first Coun- 
 cil elected under this amendment shall have the power and it 
 shall be their duty within five days of the certification of 
 their election to qualify and organize for the sole purpose 
 of electing a City Manager, as provided in this amendment, 
 and the said Council shall, if practicable, elect a City Man- 
 ager prior to the first day of July following their election, 
 whose active service shall begin at 12 o’clock on that day, 
 at the same time as their own. They shall be entitled to no 
 compensation for services rendered prior to July 1, 1923. 
 
80 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 CERTIFICATE 
 
 Wheieas, The Town of Berkeley, a city containing a 
 population of more than ten thousand and less than one 
 hundred thousand inhabitants, on the twenty-first day of 
 November, nineteen hundred and eight, at a special elec- 
 tion, and under and in accordance with the provisions of 
 section eight, article eleven of the Constitution of the State 
 of California, did elect R. A. Berry, C. A. Blank, J. W. 
 Flinn, F. W. Foss, John M. Foy, Beverly L. Hodghead, 
 Christian Hoff, William Carey Jones, E. E. Newton, J. T. 
 Renas, J. W. Richards, J. T. Short, J. L. Tisdale, Benjamin 
 Ide Wheeler and S. N. Wyckofif a Board of Fifteen Free- 
 holders to prepare and propose a Charter for said city ; 
 
 BE IT KNOWN, That in pursuance of said provision of 
 the Constitution and within a period of ninety days after said 
 election, said Board of Freeholders has prepared and does 
 propose the foregoing as and for the Charter of the City of 
 Berkeley, and that in submitting and proposing such Charter, 
 the Board of Freeholders, pursuant to said provision of the 
 Constitution, also presents therewith for the choice of the 
 voters, and to be voted on separately, without prejudice to 
 the other provisions contained in the Charter, an alternative 
 proposition hereinafter stated. 
 
 Said alternative proposition shall, if approved by the 
 voters, take the place of subdivision, 29 of Section 49, Article 
 IX of the proposed Charter, which reads as follows: “To 
 
 license for purposes of regulation and revenue all and every 
 kind of business not prohibited by law to be transacted or 
 carried on in the City ; to fix the rates of licenses upon the 
 same, and to provide for the collection thereof by suit or 
 otherwise.” 
 
 Said alternative proposition shall be submitted to the 
 voters for their approval or rejection at the same election 
 at which the Charter shall be submitted, and upon the ballots 
 shall be printed : “Shall the alternative proposition, pro- 
 
 hibiting the sale of liquor, take the place of subdivision 29, 
 Section 49, Article IX ?” 
 
 Said alternative proposition is as follows : 
 
CHARTER OF THE CITY OF BERKELEY 
 
 81 
 
 ALTERNATIVE PROPOSITION 
 
 (29) To license for purposes of regulation and revenue 
 all and every kind of business not prohibited by law to be 
 transacted or carried on in the City; to fix the rates of 
 licenses upon the same, and to provide for the collection 
 thereof by suit or otherwise; provided, however, that the 
 Council shall have no power to license the sale of any 
 spirituous, malt, vinous or alcoholic liquors; and every per- 
 son who, within the boundaries of the City of Berkeley, 
 sells, barters, gives away or exposes for sale any such liquors, 
 shall be deemed guilty of a misdemeanor. Nothing in this 
 section shall prevent the Council from regulating the sale 
 of such liquors by a regularly licensed druggist for medicinal 
 purposes upon the written prescription of a practicing physi- 
 cian entitled to practice medicine under the laws of the State 
 of California, or the sale of such liquors for chemical, me- 
 chanical or scientific purposes. 
 
 IN WITNESS WHEREOF, we have hereunto set our 
 hands in duplicate this fourteenth day of December, one 
 thousand nine hundred and eight. 
 
 WM. CAREY JONES, President; 
 
 R. A. BERRY 
 C. A. BLANK 
 F. W. FOSS 
 JOHN M. FOY 
 BEVERLY L. HODGHEAD 
 C. HOFF 
 
 E. E. NEWTON 
 J. T. RENAS 
 J. W. RICHARDS 
 J. T. SHORT 
 J. L. TISDALE 
 BENJ. IDE WHEELER 
 
 S. N. WYCKOFF 
 
 Attest 
 
 J. W. FLINN, Secretary. 
 
 State of California 
 
 County of Alameda, Town of Berkeley. 
 
 I, Francis Ferrier, President of the Board of Trustees of 
 
82 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 the Town of Berkeley, State of California, do hereby cer- 
 tify that the Board of Freeholders, whose names appear 
 signed to the foregoing proposed Charter, were on the 21st 
 day of November, 1908, at a special municipal election held 
 in said town of Berkeley on said day, duly elected by the 
 qualified electors of said town to prepare and propose a 
 charter for said town; that each of said freeholders has 
 been a qualified elector and freeholder in said town for 
 more than five (5) years previous to said election; that the 
 foregoing is a true copy of said Charter prepared and 
 returned to me as President of said Board of Trustees 
 within ninety (90) days after said election, as required by 
 Section 8 of Article XI of the Constitution of this State; 
 that said proposed charter was then published in the “Berke- 
 ley Reporter” and in “The Berkeley Independent,” which 
 then were daily newspapers of general circulation in said 
 town, and that publication was made for more than twenty 
 (20) days, and that the first publication of said proposed 
 Charter was made within twenty (20) days after the com- 
 pletion of said Charter; that within thirty (30) days after 
 the publication of said Charter, as required in said Section 
 8, to-wit, on the 30th day of January, 1909, said Charter 
 was submitted at a special election duly called and held 
 therein for the purpose of ratifying or rejecting said pro- 
 posed Charter and the alternative proposition submitted 
 therewith; that by a majority of the votes of the qualified 
 electors voting at said election said proposed Charter was 
 ratified as a whole, excepting that the alternative proposition 
 therein contained, being separately voted on, was ratified 
 by a majority of such votes and was thereafter chosen and 
 substituted for subdivision 29 of Section 49 of Article IX 
 of said proposed Charter; that the returns of said election 
 were duly canvassed by the Board of Trustees of said Town 
 of Berkeley on the 3rd day of February, 1909, and the result 
 thereof declared as above set forth ; and that in all matters 
 and things pertaining to said proposed Charter, all provisions 
 of said section of the Constitution and laws of the State of 
 California pertaining to the adoption of the Charter have 
 been fully complied with in every particular. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 83 
 
 IN WITNESS WHEREOF, I have hereunto set my 
 hand and caused the corporate seal of said Town of Berke- 
 ley to be affixed this 3rd day of February, 1909. 
 
 FRANCIS FERRIER, 
 
 (Seal) President of the Board of Trustees of 
 
 the Town of Berkeley. 
 
 Attest: J. V. MENDENHALL, 
 
 Town Clerk of said Town of Berkeley 
 
 Chapter 17. Assembly Concurrent Resolution No. 10. 
 Approving the Charter of the Town of Berkeley, State of 
 California, and the alternative proposition submitted there- 
 with, voted for and ratified by the qualified electors of said 
 town at a special municipal election held therein for the 
 purpose on the 30th day of January, 1909. 
 
 Whereas, the Town of Berkeley, a municipal corpora- 
 tion of the County of Alameda, State of California, now is 
 and was at all times herein referred to a city containing a 
 population of more than ten thousand (10,000) inhabitants; 
 and 
 
 Whereas, at a special election duly held in said town on 
 the 2 1 st day of November, 1908, under and in accordance 
 with law and the provisions of Section 8 of Article XI, of 
 the Constitution of the State of California, a Board of Fif- 
 teen Freeholders, duly qualified was elected in and by said 
 Town by the qualified electors thereof to prepare and pro- 
 pose a charter for the government of said town ; and 
 
 Whereas, said Board of Freeholders did within ninety 
 (90) days after said election prepare and propose a Char- 
 ter for the government of said Town of Berkeley; and 
 
 Whereas, said Charter was on the 14th day of Decem- 
 ber, 1908, signed in duplicate by the members of said Board 
 of Freeholders and was thereupon duly returned and filed, 
 one copy with the President of the Board of Trustees of 
 said Town of Berkeley and the other copy with the County 
 Recorder of said County of Alameda and filed in the office 
 of said Recorder ; and 
 
 Whereas, said proposed Charter was thereafter published 
 in the “Berkeley Reporter” and in “The Berkeley Inde- 
 pendent,” each being a newspaper of general circulation in 
 
84 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 said Town of Berkeley, and said Charter being published 
 as aforesaid for a period of more than twenty (20) days, 
 the first publication thereof being made within twenty (20) 
 days after the completion of said Charter; and 
 
 Whereas, said proposed Charter was within thirty (30) 
 days after the completion of said publication submitted 
 by the Board of Trustees of the Town of Berkeley to the 
 qualified electors of said Town of Berkeley at a special 
 election previously duly called and therein held on the 30th 
 day of January, 1909; and 
 
 Whereas, at said last mentioned special election, a ma- 
 jority of said qualified electors of said Town of Berkeley, 
 voting at said special election voted in fa'vor of the ratifi- 
 cation of said Charter as proposed as a whole, excepting 
 that a majority of said qualified electors voting at said 
 election voted in favor of the ratification of the alternative 
 proposition, which alternative proposition was thereafter 
 chosen and substituted for subdivision 29 of Section 49, 
 Article IX of said proposed Charter; and 
 
 Whereas, said Board of Trustees after canvassing said 
 returns found and decided that the majority of said quali- 
 fied electors voting at said special election had voted for 
 ratifying said Charter as above specified; and 
 
 Whereas, the same is now submitted to the Legislature 
 of the State of California, for its approval and for ratifica- 
 tion as a whole without power of alteration or amendment 
 in accordance with Section 8 of Article XI of the Consti- 
 tution of the State of California; and 
 
 Whereas, said Charter was ratified in the words' and 
 figures following, to-wit : (Then follows the context of 
 
 Charter, as hereinbefore set forth). 
 
 And, whereas, said proposed Charter, with said alterna- 
 tive proposition so ratified, has been duly presented and 
 submitted to the Legislature of the State of California, for 
 approval or rejection, without power of alteration or amend- 
 ment, in accordance with Section 8 of Article XI of the 
 Constitution of the State of California ; 
 
 Now, therefore, be it 
 
 RESOLVED BY THE ASSEMBLY OF THE STATE 
 
CHARTER OF THE CITY OF BERKELEY 
 
 85 
 
 OF CALIFORNIA, THE SENATE THEREOF CON- 
 CURRING (a majority of all members elected to each 
 house voting for the adoption of this resolution and con- 
 curring therein) that said Charter of the Town of Berke- 
 ley, including said alternative proposition, as presented to, 
 adopted and ratified by the qualified electors of said town, 
 be, and the same is hereby, approved as a whole as and 
 for the Charter of the said Town of Berkeley. 
 
 P. A. STANTON, 
 
 Speaker of the Assembly. 
 
 W. R. PORTER, 
 
 President of the Senate. 
 
 Attest : C. F: CURRY, 
 
 Secretary of State. 
 
 Endorsed and filed in the office of Secretary of State, thp 
 fourth day of March, A. D. 1909, at 10:50 a. m. 
 
 C. F. CURRY, 
 
 Secretary of State. 
 
 J. HOESCH, 
 
 Deputy. 
 
 State of California, 
 
 County of Alameda, Town of Berkeley. 
 
 I, Francis Ferrier, President of the Board of Trustees ; 
 and chief executive officer of the Town of Berkeley, County 
 of Alameda, State of California, hereby certify that the 
 foregoing is what is proposed to be a copy of the Charter 
 of the City of Berkeley which was delivered to me as stated 
 in the preamble attached hereto, the same as required in 
 Section 8 of Article XI of the Constitution of the State of 
 California, that the statements contained in said preamble and 
 in the certificate attached to and following said Charter are 
 true ; that the said Charter has been submitted to the electors 
 of the Town of Berkeley and has been ratified by them and 
 that said Charter has been approved by the Legislature of 
 the State of California. 
 
86 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 IN WITNESS WHEREOF, I have hereunto set my 
 hand and caused the corporate seal of said Town of Berke- 
 ley to be affixed this eleventh day of March, 1909. 
 
 FRANCIS FERRIER, 
 President of the Board of Trustees of 
 The Town of Berkeley. 
 
 Attest: J. V. MENDENHALL, 
 
 Town Clerk of said Town of Berkeley. 
 
 (SEAL) 
 
 M 2947 
 BCT, Indexed 
 
 Recorded at the request of the Town of Berkeley at 35 
 minutes past two p. m., March 11, 1909, in liber 36, page 
 1 13, Miscellaneous Records of Alameda County. 
 
 A. K. GRIM, 
 
 County Recorder. 
 
INDEX I. 
 
 A. Page 
 
 Additional Powers — 
 
 Council has general powers 47 
 
 Advertising for Bids — 
 
 For public works 1 54 
 
 Amendments to Ordinances 32 
 
 Annual Appropriation Ordinance — 
 
 Six votes to amend 49 
 
 Annual Estimate of City’s Requirements and Revenues — 
 
 City Manager shall submit to Council 48 
 
 Date for submission to Council...- _ ... 40 
 
 Annual Estimate of Expenses — 
 
 For schools 76 
 
 Apartment Houses — 
 
 Council may regulate 41 
 
 Appointments — 
 
 Made by City Manager „. 27 
 
 Appropriation Ordinance — 
 
 Six votes to amend „ w - 49 
 
 Appropriations- — 
 
 Must be made by ordinance 32 
 
 Temporary, pending passage of annual ordinance 49 
 
 Assessments — 
 
 Board of Equalization 50 
 
 Assessment of Taxes — 
 
 Council shall provide system 48 
 
 Auditing City’s Books - 25 
 
 Auditor — 
 
 Bond - 23 
 
 Elected at large 21 
 
 Elective officer ... 21 
 
 Eligibility . 21 
 
 Salary 24 
 
 Shall certify assessment roll 50 
 
 Term of office 22 
 
 Vacancy - 21 
 
 Auditor, Duties of — 
 
 May examine witness under oath 52 
 
 May require oath as to validity of claims... * 52 
 
 No suit to be brought unless claim is rejected ,_I 52 
 
 Payment by means of warrants 1 52 
 
 Payment to be made on vouchers - 52 
 
 Shall examine all payrolls, bills, etc....* 52 
 
 Shall not pay fraudulent claims — * 52 
 
 To extend assessment roll 50 
 
 B. 
 
 Ballots — 
 
 Arrangement of offices to be filled u... 16 
 
 Blank for writing in names - 16 
 
 Counting - +. 17 
 
 Every nominee to be on 16 
 
 Form of - 15 
 
II. 
 
 INDEX 
 
 Ballots — (Cont’d) Page 
 
 Requirements of 16 
 
 Sample 17 
 
 Space for voting (x) ; 16 
 
 Belt Lines — 
 
 Reservation of water front 70 
 
 Bequests — 
 
 City may accept.— .... * 35 
 
 Bidders — 
 
 Collusion by bidders 56 
 
 Bids — 
 
 For advertising 54 
 
 For electric lighting : 55 
 
 For public works 54 
 
 Billboards and Signs — 
 
 Council may regulate 39 
 
 Board of Education — 
 
 Elects teachers 76 
 
 Meetings 75 
 
 Quorum 75 
 
 Powers 74 
 
 Powers and duties of Superintendent.— 75 
 
 President of Board : 74 
 
 Rules of proceedings - ... 75 
 
 Superintendent of Schools 75 
 
 Board of Equalization — 
 
 Council to appoint 50 
 
 Time of meeting 50 
 
 Bond Tax ., 51 
 
 Bonds — 
 
 Appointive officers 23 
 
 Elective officers.... 23 
 
 State laws must be followed 35 
 
 When filed * .«. 23 
 
 Borrow Money by Bonding City ... 35 
 
 Boulevards — 
 
 Power to establish *. 44 
 
 No street car line upon 44 
 
 Boundaries 6-7-8-9-10 
 
 Budget - 49 
 
 Budget, Tentative — 
 
 City Manager shall submit to Council ... 48 
 
 Prepared by City Manager 27 
 
 What it shall include - 48 
 
 Building Regulations — 
 
 Council may prescribe 37 
 
 C. 
 
 Candidates — 
 
 Failure to qualify after election 18 
 
 Withdrawal of r 1'4 
 
 Cash Basis Fund - 51 
 
 Charities Commission — 
 
 Council may establish commission and appoint commissioners 47 
 
INDEX 
 
 III. 
 
 Charter — Page 
 
 Contents of.... - - 5 
 
 Effective date - 77 
 
 Effective date of City Manager amendments ~... . 79 
 
 Publication j. * 33 
 
 Chief Officials — 
 
 List of .. 28 
 
 City Attorney — 
 
 Duties - 78 
 
 City Clerk — 
 
 To act as Clerk of Board of Equalization 50 
 
 To keep record of ordinances... 33 
 
 City Limits... 6-7-8-9-10 
 
 City Manager.... j ...26-27 
 
 Administrative head of the City •. 26 
 
 How appointed...., ^ - 26 
 
 May consolidate duties cff officers 29 
 
 Must make tentative budget 49 
 
 Powers and duties...., .^... 26-28 
 
 Removal from office 26 
 
 Salary 26 
 
 Shall countersign warrants 52 
 
 Shall receive departmental estimates of annual requirements 48 
 
 Term of office - 26 
 
 To publish report 4 29 
 
 To recommend salaries 29 
 
 Civic Art Commission — 
 
 Council may establish commission and appoint commissioners 47 
 Civil Service — 
 
 Council may establish commission and appoint commissioners 47 
 
 Collection of Taxes — 
 
 Council shall provide system , 48 
 
 Collusion by Bidder — 
 
 Contract void.... 56 
 
 Collusion with Bidder — 
 
 Guilty officer shall be removed 55 
 
 Contracts — 
 
 Advertising (official printing) _ 54 
 
 Must be registered..... 54 
 
 Officers not to be interested in * 30 
 
 Progressive payments 54 
 
 Public works........ .*. * 54 
 
 Street lighting for one year only.... 55 
 
 Void in case of collusion 56 
 
 Council — 
 
 Act by ordinance or resolution only _ 31 
 
 Governing body.... u + 30 
 
 Majority vote 31 
 
 Meetings 31 
 
 Quorum r 31 
 
 Rules of procedure.... 31 
 
 To elect Vice-President. ............ 31 
 
 To meet in public ! 31 
 
IV. 
 
 INDEX 
 
 Councilmen — Page 
 
 Bonds 23 
 
 Elective office 21 
 
 Elected at large . 21 
 
 Eligibility of 1 _ 21 
 
 Number of 21 
 
 Salaries 21 
 
 Term of office 22 
 
 To hold no other office 29 
 
 Vacancy in office 21 
 
 Court Action — 
 
 Against public utility companies... ... 28 
 
 Right to sue 36 
 
 Cruelty to Animals — 
 
 Council to prevent 40 
 
 D. 
 
 Dairies — 
 
 Council may provide inspection for v 41 
 
 Dangerous and Offensive Occupations — 
 
 Council may regulate or prohibit 40 
 
 Deeds — 
 
 City to deed property to adjoining owners when abandoned 44 
 Department Estimates of Annual Requirements — 
 
 Council may fix date for submission 48 
 
 Shall be submitted before first Monday in April 48 
 
 Shall be submitted to City Manager 48 
 
 Deposit of Money in Banks — 
 
 Council may provide for 53 
 
 Deputies — 
 
 Verification : 13 
 
 Disagreeable Noises — 
 
 Council may prohibit 40 
 
 Disposition of Money Collected — 
 
 Shall be paid into treasury once each month 53 
 
 Officers collecting money shall settle with Auditor once 
 
 each month : 53 
 
 Direct Legislation 36 
 
 The initiative 71 
 
 Dogs — 
 
 Council may regulate 39 
 
 Council to regulate running at large 40 
 
 Dollar Limit Upon Tax Rate 50 
 
 E. 
 
 Elections — 
 
 Ballots - 15 
 
 Candidate may withdraw - 14 
 
 Canvass of returns - 19 
 
 Council, may make rules and regulations 46 
 
 Date of general election 11 
 
 Failure to qualify - - IS 
 
 First election under charter 77 
 
INDEX 
 
 V. 
 
 Elections — (Cont’d) Page 
 
 Informalities not to invalidate 18 
 
 Initative - 72 
 
 Limit to number of special elections..... 72 
 
 Name of candidate on ballot 16 
 
 Nomination petitions... . - : 11 
 
 Nomination petition forms to be furnished by Clerk 12 
 
 Preferential system - 15-17 
 
 Proclamation ,. 15 
 
 Recall ... 19-20 
 
 Recount , 19 
 
 Regulation of - * - — 19 
 
 Rules for counting ballots „ 17 
 
 Special municipal — l 11 
 
 Time for filing nomination petitions 13 
 
 Verification deputies... H - j. 13 
 
 Voting machines 19 
 
 Election of Teachers — 
 
 How elected 76 
 
 Elective Officers — 
 
 Elected at large , 21 
 
 List of 21 
 
 Employees — 
 
 Appointed by City Manager 27 
 
 No political or religious tests , 30 
 
 Not to be interested in contracts or franchises 30 
 
 Engines and Boilers — 
 
 Council may regulate use of JL 37 
 
 Erroneously Collected Taxes — 
 
 Council may order repaid 42 
 
 Execution — 
 
 Purchase of property under 43 
 
 Explosives — 
 
 Council may regulate manufacture and storage 37 
 
 F. 
 
 Fees — 
 
 Council may fix for official services 40 
 
 Finance and Taxation — 
 
 Annual estimate of city’s requirements and revenue 48 
 
 Council shall provide system for .assessment, levy and 
 
 collection of taxes 48 
 
 Department estimates of annual requirements 1 48 
 
 Disposition of money collected 53 
 
 Duties of Auditor... 4 — :... 52 
 
 Fiscal year commences July 1 48 
 
 Money to meet warrants , h 53 
 
 Uniform accounts and reports.—, 53 
 
 Fines — 
 
 Council to prescribe limit of fines 36 
 
 Fire Alarm System — 
 
 Council may establish 4 37 
 
 Fire Department — 
 
 Council may organize 37 
 
VI. 
 
 INDEX 
 
 Fire Escapes — Page 
 
 Council may require—., 38 
 
 Fire Limits — 
 
 Council may prescribe 37 
 
 Must be defined by ordinance -. — 32 
 
 Fiscal Year — 
 
 Commences July first L. ... . 48 
 
 Form of Contracts — 
 
 Must be countersigned by Auditor 54 
 
 Must be executed in name of City 54 
 
 Shall be drawn under supervision of City Attorney 53 
 
 Shall be in writing - .'. 53 
 
 Forms — 
 
 Nomination petition...... 11 
 
 To be furnished by Clerk—. _ 12 
 
 Ballots 15 
 
 Franchises 4 * „ 57-70 
 
 Advisory Board upon resettlement franchises 60 
 
 Amendments to resettlement franchises 63 
 
 Annual reports of company ., 69 
 
 Application „ + - 57 
 
 Assumption of bonded indebtedness upon purchase by city 65 
 
 Audit of company’s books 68 
 
 Beginning and completion of work . 65 
 
 Bond for faithful performance... 4. 59 
 
 City may purchase properties 66 
 
 City to enforce adequate service * 66 
 
 City to fix rates - 66 
 
 City to provide for public safety 66 
 
 Condition of grant 57 
 
 Council to impose additional terms in resettlement franchises 62 
 
 Deposit to cover expenses 58 
 
 Division of revenue from re-settlement franchises 61 
 
 Forfeiture for non-compliance 70 
 
 Forfeiture for non-user 70 
 
 Free competition in bidding.—, 58 
 
 Lease or assignment 68 
 
 Life of 62 
 
 Resettlement franchise... 4 - - 65 
 
 Must be granted by ordinance 32 
 
 Officials to ride free on cars 66 
 
 Passage of re-settlement franchises by council—-.. 61 
 
 Payment of gross receipts..... 69 
 
 Police powers reserved to City — ,.. 66 
 
 Public hearings upon re-settlement franchises 63 
 
 Publication of notice * * 57 
 
 Resettlement franchises in annexed territory 64 
 
 Resettlement franchises shall provide for new franchises 
 
 and extensions...- - 63 
 
 Resettlement franchises under Board of Control 63 
 
 Resettlement franchises to provide for service 63 
 
 Resettlement franchises to be voted by people.... 62 
 
 Resettlement franchises to be granted for indeterminate 
 
 period 61 
 
 Resettlement franchises permitted 60 
 
 Revenue to city 67 
 
INDEX 
 
 VII. 
 
 Franchises — (Cont’d) Page 
 
 Street sprinkling, cleaning and paving _ 68 
 
 Surrender of existing franchises for resettlement franchise 64 
 
 Thirty days between introduction and adoption ; 33 
 
 Title to rest in City upon purchase of property ...... .. 67 
 
 Valuation of property to be fixed by Railroad Commission.... 58 
 When necessary - 57 
 
 G. 
 
 Gambling — 
 
 Council may prohibit . - 42 
 
 Garbage — 
 
 Council may provide for collection of . 41 
 
 General Powers — 
 
 Council has general powers* * .s 47 
 
 Gifts — 
 
 City -may accept _ * „... 35 
 
 H. 
 
 Hours of Labor — 
 
 Eight hour day 55 
 
 I. 
 
 Improper Use of Streets — 
 
 Council may regulate use of streets * : 39 
 
 Inflammable Materials — 
 
 Council may regulate storage...... ...1........ • ; 37 
 
 Initiative, The ...... . 71-73 
 
 Direct legislation 71 
 
 Conditions attaching . 71 
 
 Election under 72 
 
 Further regulations. ... . 73 
 
 Limit to special elections 72 
 
 Publication of popular ordinance..*. 4..... . 1 72 
 
 Repeal of popular ordinance.... . 72 
 
 Several ordinances at one election 72 
 
 Inspection of Food Products — 
 
 Council may provide for 40 
 
 L. 
 
 Labor — 
 
 Eight hour day ..... ......... 55 
 
 Land — 
 
 Power to acquire, sell and lease 34 
 
 Lease must be at Auction 38 
 
 Lease — 
 
 Ordinance necessary 32 
 
 Municipal utilities :....... 35 
 
 Lease of Franchises * 68 
 
 Lease of Lands Owned by City — 
 
 Council may lease 42 
 
 Lease of Property — 
 
 Must be made by ordinance.... 32 
 
VIII. 
 
 INDEX 
 
 Leases — Page 
 
 Must be made at auction...., . 42 
 
 Legal Proceedings — 
 
 Council to control 78 
 
 Levy of Taxes — 
 
 Council shall provide system 48 
 
 Library Tax 51 
 
 Library Trustees — 
 
 Appointed by Council i 28 
 
 Powers 28 
 
 Licensing Business — 
 
 Council may license businesses 41 
 
 Light and Water — 
 
 Council may provide...., 44 
 
 Lighting (Street) contract l , 55 
 
 Limit to Special Elections — 
 
 Number permitted _■ 72 
 
 Lodging Houses — 
 
 Council may regulate 41 
 
 M. 
 
 Mayor — 
 
 An executive officer 21 
 
 Bond 23 
 
 Duties ! 25 
 
 Elected at large 21 
 
 Eligibility 21 
 
 Powers *. 25 
 
 President of Council 1 31 
 
 Pro tern 25 
 
 Salary ...... 4 24 
 
 Term of office 22 
 
 Vacancy .. 21 
 
 Mayor’s Urgency Fund — 
 
 Council may provide 42 
 
 Meetings to be Public — 
 
 Board of Education.... 35 
 
 Council 31 
 
 Meetings — 
 
 Board of Education.... 75 
 
 Misdemeanor — 
 
 Violation of Charter and ordinances 78 
 
 Mode of Protesting Against Ordinances — 
 
 The referendum...... - .’ ... 74 
 
 Money to Meet Warrants When Payable on Demand 53 
 
 Money to Meet Warrants — 
 
 Must be sufficient money in appropriate fund 53 
 
 Municipal Ownership — 
 
 Council may acquire public utilities 47 
 
 Municipal Affairs 78 
 
 Municipal Bonds — 
 
 State law must be followed 35 
 
INDEX 
 
 IX. 
 
 Page 
 
 Municipal Home Rule 78 
 
 Municipal Ownership 34 
 
 Purchase of franchise properties ^ - - 66 
 
 n'. 
 
 Name of City ,. 5 
 
 Nomination Petition — 
 
 Preservation of by Clerk.... ! 15 
 
 Nominations — 
 
 For elections.... 11-12 
 
 Nuisances — 
 
 Council to abate 36 
 
 Oath of Office . 23 
 
 Oaths — 
 
 Administering 24 
 
 Officers — 
 
 Guilty of collusion with bidder shall be removed. — 55 
 
 No political or religious tests *. . 30 
 
 Not to be employed by public service corporations 30 
 
 Not to be interested in contracts or franchises—., 30 
 
 Ordinances — 
 
 Amendments *. 32 
 
 Amendments of appropriation 49 
 
 Annual appropriation ► 49 
 
 Clerk to keep record.... 33 
 
 Confined to one subject — * ., 31 
 
 Council can act only by ordinance or resolution 31 
 
 Enacting clause ..... l — 32 
 
 Existing ordinances continued in force 78 
 
 Franchise, to wait 30 days for final passage.—. .. 33 
 
 Must be published 32 
 
 Publication and codification *. 33 
 
 Reconsideration of * 32 
 
 Required in certain cases „ 32 
 
 Repeal 33 
 
 Shall be classified 33 
 
 Signing and attesting...., — 32 
 
 Resettlement franchise ordinance 62 
 
 Subject to be expressed in title 31 
 
 Ordinances Necessary — 
 
 To define fire limits 32 
 
 To impose a penalty .-. * 32 
 
 To lease property „. 32 
 
 To purchase property .. 30 
 
 To sell property 32 
 
 P. 
 
 Park Commission — 
 
 Council may establish commission and appoint commissioners 47 
 Payrolls — 
 
 To be examined by Auditor 52 
 
 Penalties — 
 
 Can only be imposed by ordinance 32 
 
X. 
 
 INDEX 
 
 Page 
 
 Petition of Nomination 11 
 
 Date of filing 14-15 
 
 Date of presenting...- - 13 
 
 Examination by Clerk - 14 
 
 Forms to be supplied by Clerk * 12 
 
 Requirements of.... 12 
 
 Withdrawal of signature j - _ 14 
 
 Petitions — 
 
 Preservation of, by Clerk 1 15 
 
 Recall 19 
 
 Referendum - 74 
 
 Initiative *. ...- : 71 
 
 Playground Commission — 
 
 Council may establish commission and appoint commissioners 47 
 Police Alarm System — 
 
 Council may establish - 37 
 
 Council may organize 37 
 
 Pound — 
 
 Council to provide for ..... : + 40 
 
 Powers of City 33 to 36 
 
 To acquire land — - 34 
 
 To acquire public buildings, works and institutions. 34 
 
 To acquire telephone, telegraph and transportation systems 34 
 
 To acquire water, light, heat and power works 34 
 
 To borrow money - 35 
 
 To join other cities in ownership of water supply 35 
 
 To lease utilities t «. 35 
 
 To raise money by special tax - 35 
 
 To receive gifts „. :... - 35 
 
 To sell products of public utilities 34 
 
 To sue and defend in courts—...’..........^ 36 
 
 Powers of Council 36 to 47-53 
 
 To abate nuisances :.... 36 
 
 To acquire public utilities ;... .' 47 
 
 To collect garbage .' 41 
 
 To compel removal of rubbish, etc. from sidewalks.... 39 
 
 To deed closed streets to property owners 44 
 
 To establish Civil Service Bureau and appoint Commission 46 
 To establish Civic Art Commission and appoint Commisioners 47 
 To establish Commission of Public Charities and appoint 
 
 Commissioners * 47 
 
 To establish Playground Commission and appoint Com- 
 missioners 47 
 
 To establish police and fire alarm systems 37 
 
 To establish or change grade of streets v 43 
 
 To fix fees for official services 42 
 
 To fix rates of public utilities.: u 45 
 
 General Powers , 47 
 
 To improve, repair, fix rates on waterfront and wharves 45 
 
 To inspect weights and measures... 4. - 41 
 
 To levy and collect taxes....*. 42 
 
 To levy taxes for schools 36 
 
 To license business - - 41 
 
 To lease city lands at auction..,. 42 
 
 To make regulations for preservation of public health 40 
 
 To make regulations concerning dangerous or offensive 
 
 occupations 40 
 
INDEX 
 
 XI. 
 
 Powers of Council — Cont’d) Page 
 
 To make rules governing local elections.... — 46 
 
 To maintain or build streets, alleys, lanes, etc 43 
 
 To maintain public pound , 40 
 
 To open, close, extend, widen, straighten streets, etc 44 
 
 To organize police and fire departments 4 —. 37 
 
 To offer rewards * «. 37 
 
 To preserve public order and decency 42 
 
 To permit laying of spur tracks ... 45 
 
 To prescribe fines and forfeitures 36 
 
 To prescribe building regulations..... 37 
 
 To prescribe fire escapes ► 38 
 
 To prescribe fire limits , 37 
 
 To prescribe fire prevention measures 38 
 
 To prescribe safety provisions 38 
 
 To prohibit cruelty to animals 4 40 
 
 To prohibit disagreeable noises.—, 40 
 
 To provide boulevards - 44 
 
 To provide for deposit of money in banks 53 
 
 To provide for executing trusts , 43 
 
 To provide for inspection of dairies 41 
 
 To provide for inspection of food.... 40 
 
 To provide lighting of streets, public places, etc 44 
 
 To provide official seal 36 
 
 To provide for purchase of property levied upon or under 
 
 execution 43 
 
 To provide for sale of useless personal property.... 43 
 
 To provide urgency fund for Mayor 42 
 
 To regulate billboards.—, 4 '. 39 
 
 To regulate dogs running at large 39 
 
 To regulate or prohibit gambling 42 
 
 To regulate lodging, tenement, and apartment houses.... 41 
 
 To regulate manufacture and storage of explosives 37 
 
 To regulate poles and wires : 46 
 
 To regulate public shows 42 
 
 To regulate public vehicles 4 41 
 
 To regulate sewers 41 
 
 To regulate sixe of water and gas pipes 4 46 
 
 To regulate speed of trains, automobiles, etc 38 
 
 To regulate storage of inflammable materials.... 37 
 
 To regulate street railways.— 4 45 
 
 To regulate use of engines and mptors 37 
 
 To regulate use of streets , , 39 
 
 To require railroad companies to keep track area in repair 45 
 
 To repay taxes illegally collected.—,. 42 
 
 To supply water for municipal purposes 44 
 
 Powers and Duties of— 
 
 Auditor ,. , 52 
 
 Board of Education 74 
 
 City Manager.—..—:, *. 26-28 
 
 Council 36 to 47 
 
 Library Trustees , 4 28 
 
 Mayor 25 
 
 Superintendent of Schools...... 4 4 75 
 
 Precaution Against Fires — 
 
 Council may prescribe preventive measures.... 38 
 
XII. 
 
 INDEX 
 
 Preferential System — Page 
 
 Form of ballots 15 
 
 Counting ballots 17 
 
 Elections 17 
 
 President of Board of Education — 
 
 How chosen 75 
 
 Proclamation (election) ,. - 15 
 
 Progressive Payments on Contracts — 
 
 Contract may provide for progressive payments 54 
 
 Property — 
 
 City’s title inalienable except as provided by charter 56 
 
 Sale of useless personal property 4 43 
 
 Protesting Against Ordinances — 
 
 The mode of .. 73 
 
 Provisions for Safety in Streets — 
 
 Council may regulate speed of trains, automobiles, street 
 
 cars, etc....... , 38 
 
 Provisions for Safety in Theaters, Halls, Etc. — 
 
 Council may prescribe preventive measures 38 
 
 Public Vehicles — 
 
 Council may establish stands and regulate rates.— 41 
 
 Public Works and Supplies — 
 
 Form of contracts.... 4 . . . 53 
 
 Progressive payments on contracts 54 
 
 Public work to be done by contract a 54 
 
 Public Work to Be Done by Contract — 
 
 How to Advertise for.— — „ 54 
 
 If in excess of $500 must be contracted for...., j...... 54 
 
 If in exces of $500 bids shall be advertised for 54 
 
 Council may reject all bids 1 ...— , 54 
 
 Public Order and Decency — 
 
 Council may restrain and punish violators of 42 
 
 Public Buildings, Works, and Institutions — 
 
 City may maintain + * 34 
 
 Public Schools — 
 
 The Board of Education , 74 to 77 
 
 Public Utilities — 
 
 Supervision of, by City Manager 28 
 
 Publication of Popular Ordinance — 
 
 When required.—...—, 72 
 
 Purchase of Property — 
 
 Must be made by ordinance 32 
 
 Q. 
 
 Quarantine — 
 
 Council to regulate 40 
 
 Quorum — 
 
 Board of Education 75 
 
 Council 31 
 
 R. 
 
 Railroads — 
 
 To repair between tracks— 45 
 
INDEX 
 
 XIII. 
 
 Page 
 
 Recall 19-20 
 
 Applies to all elective officers a 19 
 
 Incumbent removed when 20 
 
 No election for three months l 20 
 
 Officer automatically becomes candidate . 20 
 
 Officer’s justification 20 
 
 Officer may resign , * 20 
 
 Official recalled cannot be appointed + 20 
 
 Petition for * 19 
 
 Petition must state reasons. 19 
 
 Published call must state reasons j * 20 
 
 Special election when 20 
 
 Verification deputies, etc - - 19 
 
 Referendum, The — 
 
 Council may make further regulations . 74 
 
 Mode of protesting ordinances - 73 
 
 Reference of measures to popular vote .■. 74 
 
 Repeal of Ordinances .. 33 
 
 Repeal of Popular Ordinance — 
 
 How repealed 4 72 
 
 Reports — 
 
 Annual report to City Manager 29 
 
 City Manager to publish report 4 29 
 
 Re-settlement Franchises —60 to 70 
 
 Resolutions — 
 
 Confined to one subject 31 
 
 Council can act only by ordinance or resolution 31 
 
 Subject to be expressed in title.— - : 31 
 
 Rewards — 
 
 Council may offer 37 
 
 Rights and Liabilities — 
 
 City successor to 5 
 
 Rules of Proceedings — 
 
 Board of Education 75 
 
 S. 
 
 Salaries — • 
 
 Auditor 24 
 
 City Manager .. 26 
 
 Councilmen , J 24 
 
 Mayor 24 
 
 Officers and Employees 4 ..... 29 
 
 School Directors.... 24 
 
 Sale of City Property — 
 
 Products of municipal utilities 4 34 
 
 Real property by ordinance , 4 32 
 
 Useless Personal Property by auction ^ 43 
 
 Sale of Property — 
 
 Must be made by ordinance 32 
 
 Useless personal property 43 
 
 Sample Ballots 4 J 17 
 
 School Directors — 
 
 Bonds 23 
 
 Elected at large * 21 
 
XIV. 
 
 INDEX 
 
 School Directors — (Cont’d) Page 
 
 Eligibility ... 4 .'. 21 
 
 Member of - - 21 
 
 Salaries 24 
 
 Term of office 23 
 
 Vacancy .... i.. 4 , 4 4 22 
 
 Schools, Public 74-77 
 
 School Warants — 
 
 How paid - 4 4 - 76 
 
 Seal of City — 
 
 Council to provide...., 36 
 
 Sewer Connecti/ons — 
 
 Council may regulate construction, repair, etc 41 
 
 Several Ordinances at one Election — 
 
 Limit to number 72 
 
 Shows — 
 
 Council may regulate or prohibit...., 4 42 
 
 Size and Location of Pipes — 
 
 Council may regulate.... 46 
 
 Special Elections — 
 
 Limit to number...., j.'.... 4 72 
 
 Special Tax 4 . 35 
 
 For permanent improvements - - 35 
 
 Speed by Trains, Automobiles, Street Cars, Etc...—, 4 4 38 
 
 Spur Tracks— 
 
 Permits must be revocable - - 45 
 
 Power to permit 45 
 
 Streets — 
 
 Between tracks to be repaired by companies 45 
 
 Cannot be used except by franchise.—,.’ 57 
 
 Lighting contracts for one year only 55 
 
 May be declared boulevards... 4 44 
 
 Power to establish or change grade... 43 
 
 Property deed to adjoining owner when closed 44 
 
 Sprinkling, cleaning and paving between tracks 68 
 
 Street Openings j 4 44 
 
 Street Work 43 
 
 Street Grades — 
 
 Power to establish or change 43 
 
 Street Openings — 
 
 Power to open 44 
 
 State law to be followed * 44 
 
 Street Railroads — 
 
 Council to regulate— 45 
 
 Joint use of tracks 45 
 
 Street Work — 
 
 Power to perform 43 
 
 Shall be performed under State Law ,. 43 
 
 Suits for Claims — 
 
 Claims must be rejected before suit can be brought...., 52 
 
 Superintendent of Schools — 
 
 How appointed.... * 75 
 
 Powers and Duties 4 75 
 
 Powers of, with teachers - 76 
 
INDEX 
 
 XV. 
 
 T. 
 
 Page 
 
 Tax Liens - 51 
 
 Tax Limit — 
 
 For schools— - - 50 
 
 Tax System — 
 
 Council shall provide system for assessment, levy, and 
 
 collection 48 
 
 Taxation — 
 
 Council may levy and collect taxes 42 
 
 Taxes — 
 
 Annual levy * j. 50 
 
 Board of Equalization 50 
 
 Bond Tax .* — . 4 . 51 
 
 County may assess and collect—., 48 
 
 Library taxes 51 
 
 Limit of levy 50' 
 
 Must be levied by ordinance . 4 , 32 
 
 Public School Tax 50 
 
 Redemption 1 .. - _ . 52 
 
 Sale of Property by City — 52 
 
 Special tax requires 2-3 vote of the people 35 
 
 Tax deed to City 4 4 52 
 
 Tax liens 51 
 
 Taxes for Schools — 
 
 Levied by Council - 76 
 
 Teachers — 
 
 How elected— ... * 76 
 
 Power of Superintendent over *. : 76 
 
 Tenure 76 
 
 Telephone, Telegraph, Transportation — 
 
 Municipal ownership of j. 34 
 
 Tenement Houses — 
 
 Council may regulate ... 41 
 
 Tenure of Teachers — 
 
 Length of...., 76 
 
 Title of Ordinance 31 
 
 Transportation — 
 
 Municipal ownership of * ....’. 34 
 
 Trusts — 
 
 Power to execute.—. — 43 
 
 U. 
 
 Uniform Accounts and Reports — 
 
 City shall be governed by legislature.... , 53 
 
 Council shall prescribe.... .. 53 
 
 V. 
 
 Vacancies in Elective Offices — 
 
 How filled...., 1 21 
 
 Valuation of Franchise Properties : + 66 
 
 Verification Deputies..... 4 . u ,...., 13 
 
 Violation of Charter and Ordinances a Misdemeanor 78 
 
XVI. 
 
 INDEX 
 
 W. 
 
 Warrants — Page 
 
 Issued by Auditor 52 
 
 To be countersigned by City Manager...^. 52 
 
 When payable on demand 53 
 
 Warrants, School — 
 
 How paid * >. 76 
 
 Must be countersigned 4 - 76 
 
 Signed by president..... 76 
 
 Water — 
 
 Municipal ownership — *. 44 
 
 Rates to city not to exceed charges to other consumer 55 
 
 Waterfront — 
 
 Belt line may be used by all railroads - - 70 
 
 City to control a 45 
 
 Reservation for belt lines - 70 
 
 Water, Heat, Light and Power — 
 
 Municipal ownership of 4 34 
 
 Water Supply — 
 
 Joint ownership with other cities j 36 
 
 Weeds and Rubbish on Sidewalks — 
 
 Council may compel removal * 39 
 
 Weights and Measures — 
 
 Council may provide for inspection and sealing 41 
 
 Wharf- 
 
 Council to fix rates - 45 
 
' ' ‘ ' M I I I I || | I 
 
 • ii i i / i: / 
 
 
 
 
 
 
 
 
 
 
 
M II | | II. P [U » 1 
 
 
 
 
 
 
 
UNIVERSITY OF ILLINOIS-URBANA 
 
 3 01 
 
 12 107731 
 
 819