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BISHOP BERKELEY 
 
 “Westward the (fourse 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 
 gf the 
 
 City Berkeley 
 
 PREPARED AND PROPOSED BY THE 
 
 BOARD OF FREEHOLDERS 
 
 Elected November 21, 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 
 
 PRINTED BY 
 
 LEDERER, STREET C& ZEUS CO. 
 2161 CENTER STREET 
 BERKELEY 
 
Digitized by the Internet Archive 
 in 2017 with funding from 
 
 University of Illinois Urbana-Champaign Alternates 
 
 0 
 
 https://archive.org/details/charterineffectjOOberk 
 
CHARTER 
 
 OF THE 
 
 City of Berkeley 
 
 Article I. 
 II. 
 
 III. 
 
 IV. 
 V. 
 
 VI. 
 
 VII. 
 
 VIII. 
 
 IX. 
 
 X. 
 
 XI. 
 
 XII. 
 
 XIII. 
 
 XIV. 
 XV. 
 
 XVI. 
 
 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. 1. 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 
 name 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 exist 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 College Avenue; thence west- 
 erly, 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 
 
8 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 parallel with the southern line of Todd Street to a point 
 one hundred (100) 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 (100) 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 (100) 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 (100) 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 (100) 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 (110) 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- 
 ern 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 9 
 
 western line of First Street, in Tract “B” of the lands of 
 the Berkeley Land and Town Improvement Association 
 would intersect aftid 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 116, 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 
 
10 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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, 
 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, on 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 i “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 “Q” 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, said 
 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 11 
 
 line between said Alameda and Contra Costa counties to 
 the point of beginning. 
 
 ARTICLE III. 
 ELECTIONS 
 
 General and Special Municipal Elections. 
 
 Sec. 4. A municipal election shall be held in the City 
 on the first Saturday in May in the year 1909, and on the 
 first Saturday in April in 1911 and on the first Saturday in 
 April in every second year thereafter, and shall be known 
 as the general municipal election. A second election shall 
 be held, when necessary, as provided in subdivision 22 of 
 section 5, on the third Saturday after said general munici- 
 pal election, and shall be known as the second general 
 municipal election. 
 
 All other municipal elections that may be held by 
 authority of this Charter or of general laws shall be 
 known as special municipal elections. 
 
 Nomination and election of city officers. 
 
 Sec. 5. (1) The mode of nomination and election of 
 
 all elective officers of the City to be voted for at any 
 municipal election shall be as follows and not otherwise : 
 
 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. 
 
 Stat< ~ 
 
 County of Alameda, \ ss. 
 
 City of Berkeley, ) Prect. No....... 
 
 I, the undersigned, certify that I do hereby join in a 
 
12 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 
 
 192 , 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 
 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, J> ss. 
 
 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 13 
 
 upon application a reasonable number of forms of indi- 
 vidual certificates of the above character. 
 
 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 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 
 
14 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 nomination, 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. 
 
 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 
 otherwise. 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 
 withdrawn from nomination by filing with the City Clerk 
 a request therefor in writing, and no name so withdrawn 
 
15 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 shall be printed upon the ballot. If upon such with- 
 drawal 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 
 before the date of the election. When a petition of nomi- 
 nation shall have been filed by the Clerk it shall not be 
 withdrawn nor added to and no signature shall be re- 
 voked 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 after 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 be- 
 fore the election in not more than two 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 elec- 
 tions, 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 except as otherwise required in this Charter. The 
 ballots shall contain the list of names and the respective 
 
16 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 offices, as published in the proclamation and shall be in 
 substantially the following form : 
 
 General (or special) municipal election, City of Berkeley. 
 
 (Inserting date thereof.) 
 
 INSTRUCTIONS TO VOTERS: To vote, stamp or 
 write a cross (X) opposite the name of the candidate for 
 whom you desire to vote. All marks otherwise made are 
 forbidden. All distinguishing marks are forbidden and 
 make the ballot void. If you wrongly mark, tear or de- 
 face this ballot, return it to the Inspector of Election, 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).” 
 
CHARTER OF THE CITY OF BERKELEY 
 
 17 
 
 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 
 number to be voted for, wherein the voter may write the 
 name of any person or persons for whom 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 regis- 
 tered 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. 
 
 Vote necessary for election. 
 
 (21) In case there is but one person to be elected to 
 an office, the candidate receiving a majority of the votes 
 cast for all the candidates for that office shall be declared 
 elected ; in case there are two or more persons to be elected 
 to an office, as that of Councilman or School Director, 
 then those candidates equal in number to the number to be 
 elected, who receive the highest number of votes for such 
 office shall be declared elected ; provided, however, that no 
 person shall be declared elected to any office at such first 
 election unless the number of votes received by him shall 
 be greater than one-half the number of ballots cast at such 
 election. 
 
 Second Election. 
 
 (22) If at any election held as above provided there be 
 any office to which the required number of persons was 
 not elected, then as to such office the said first election 
 shall be considered to have been a primary election for 
 
18 CHARTER OF THE CITY OF BERKELEY 
 
 the nomination of candidates, and a second election shall 
 be held to fill said office. The candidates not elected at 
 such first election, equal in number to twice the number 
 to be elected to any given office, or less if so there be, 
 who receive the highest number of votes for the .re- 
 spective offices at such first election, shall be the only 
 candidates at such second election, provided, that if there 
 be any person who, under the provisions of this subdi- 
 vision, would have been entitled to become a candidate for 
 any office except for the fact that some other candidate 
 received an equal number of votes therefor, then all such 
 persons receiving such equal number of votes shall like- 
 wise become candidates for such office. 
 
 The candidates equal in number to the persons to be 
 elected who shall receive the highest number of votes at 
 such second election shall be declared elected to such 
 office. 
 
 Date of second election. 
 
 (23) The said second election, if necessary to be held, 
 shall be held three weeks after the first election. 
 
 Rules governing second election. 
 
 (24) All the provisions and conditions above set forth 
 as to the conduct of an election, so far as they may be 
 applicable, shall govern the second election, except that 
 notice of election need be published twice only, and pro- 
 vided also that the same precincts and polling places shall, 
 if possible, be used. 
 
 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 and in substantial conformity to the requirements 
 of this Charter. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 19 
 
 General election regulations. 
 
 Sec. 6. (1) The provisions of the State Law relating 
 
 to the qualifications of electors, the manner of voting, the 
 duties of election officers, the canvassing of returns, and 
 all other particulars in respect to the management of elec- 
 tions, so far as they may be applicable, shall govern all 
 municipal elections, provided that the Council shall meet 
 as a canvassing board and duly canvass the election re- 
 turns 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- 
 sary 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 
 addressed 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 post- 
 pone the holding of such election to such general munici- 
 pal 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 Section 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 21 
 
 to any office within one year after such recall or resig- 
 nation. 
 
 Further regulations. 
 
 (10) The Council may by ordinance make such further 
 regulations as may be necessary to carry out the pro- 
 visions 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, four Councilmen, and four School 
 Directors. 
 
 The Council shall consist of the Mayor and four Coun- 
 cilmen, 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 
 Directors and the Councilman appointed to be Commis- 
 sioner of Finance and Revenue, each of whom, including 
 said Commissioner, 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 a 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, 
 
 ♦Erroneously specifies “Auditor of Councilman” in Act approving 
 Charter. 
 
22 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 subdivision 22 of Section 5 of this Charter a Mayor, 
 Auditor or the required number of Councilmen be not 
 elected by reason of a tie vote among any of the candi- 
 dates 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 appointed shall hold office, subject to 
 the provisions of the Recall until the next general munici- 
 pal 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 
 subdivision 22 of Section 5 of this Charter a School Di- 
 rector 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 two 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 quali- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 23 
 
 fied. Provided, that the Councilmen first elected under 
 this Charter shall, at their first meeting, so classify them- 
 selves 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 Councilmen. 
 
 School Director’s term of office. 
 
 Sec. 16. 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, Auditor, each Councilman and 
 each School Director shall, before entering upon the duties 
 of his office, give and execute to the City a bond with a 
 surety company as sole surety, the Mayor and Auditor 
 each, in the penal sum of $10,000, each Councilman in the 
 penal sum of $5,000, and each School Director in the penal 
 sum of $2,500. 
 
 Every bond shall contain the condition that the prin- 
 cipal will well, truly, honestly and faithfully perform the 
 duties of his office. The bonds 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. 
 
 The approval of the official bonds must be endorsed 
 thereon 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 
 
24 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 to official bonds, not inconsistent with this Charter, shall 
 be complied with. 
 
 Oath of office. 
 
 Sec. 18. Every officer of the City, 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 Mayor shall receive an annual salary of 
 $2,400, payable in equal monthly installments. 
 
 The Auditor shall receive an annual salary of $1,800, 
 payable in equal monthly installments. 
 
 Each Councilman shall receive an annual salary of 
 $1,800, payable in equal monthly installments. 
 
 Each School Director shall receive five dollars for each 
 regular meeting of the Board of Education which he shall 
 attend, provided that no School Director shall receive more 
 than fifteen dollars in any one month, and provided further 
 that the salary received by the Commissioner of Finance 
 and Revenue, as Councilman, shall be full compensation 
 for all services performed by him as Councilman and as 
 School Director. 
 
 All salaries 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 and 
 every member of any board or commission 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 commission. 
 If any person so subpoenaed neglect or refuse to appear, 
 or to produce any book, paper or document as required by 
 such subpoena, or shall refuse to testify before any such 
 officer, board or commission or to answer any question 
 
CHARTER OF THE CITY OF BERKELEY 
 
 25 
 
 which any officer, or a majority of such board or com- 
 mission shall decide to be proper and pertinent, he shall 
 be deemed in contempt, and any such officer, board or 
 commission 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 commission, detail a police 
 officer or police officers to serve such subpoena. 
 
 ARTICLE VI. 
 
 THE MAYOR 
 
 The chief executive. 
 
 Sec. 21. The Mayor shall be the chief executive officer 
 of the City and shall see that all the ordinances thereof 
 are duly enforced. He shall be charged with the general 
 oversight of the several departments of the municipal gov- 
 ernment. He shall see that all contracts made with the 
 City are faithfully performed. 
 
 Mayor pro tempore. 
 
 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 as Mayor until such 
 vacancy can be filled as provided in this Charter. 
 
 Mayor’s reports. 
 
 Sec. 23. The Mayor shall annually and from time to 
 time give the Council information relative to the afifairs of 
 the City and recommend to its consideration such matters 
 as he may deem expedient. 
 
 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 each 
 year, the books, records and reports of the Auditor and of 
 all officers and employees who receive or disburse City 
 
26 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 moneys, and the books, records and reports of such other 
 officers and departments as the Mayor may direct and 
 make triplicate reports thereof, and present one each to 
 the Mayor and Auditor, and file one with the City Clerk. 
 Such accountant shall have unlimited privilege of investi- 
 gation, 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 accountant, and submit to him for ex- 
 amination 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. 
 
 Supervision of public utility companies. 
 
 Sec. 25. The Mayor shall be charged with the general 
 supervision of all public utility companies in so far as they 
 are subject to municipal 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. 
 
 The Mayor 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 Mayor, must institute and 
 prosecute the necessary actions to enforce the provisions 
 of this section. 
 
 Powers and duties prescribed by ordinance. 
 
 Sec. 26. The Mayor shall exercise such other powers 
 and perform such other duties as may be prescribed by 
 law and ordinance. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 27 
 
 ARTICLE VII. 
 
 EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS 
 
 The four municipal departments. 
 
 Sec. 27. The executive and administrative powers, 
 authority and duties of the City, not otherwise provided 
 for, shall be distributed among and assigned to four de- 
 partments, a$ follows: 
 
 1. Department of Finance and Revenue. 
 
 2. Department of Public Health and Safety. 
 
 3. Department of Public Works. 
 
 4. Department of Public Supplies. 
 
 Council to assign duties to the departments. 
 
 Sec. 28. The Council shall determine and assign the 
 duties of the several departments, subject to the provisions 
 of the preceding section ; shall prescribe the powers and 
 duties of officers and employees ; may assign particular 
 officers and employees to one or more of the departments ; 
 may require an officer or employee to perform duties in 
 two or more departments, and may make such other rules 
 and regulations as may be necessary or proper for the effi- 
 cient and economical conduct of the business of the City. 
 
 The four Commissioners. 
 
 Sec. 29. The Council at its first regular meeting after 
 the election of its members, shall designate by majority 
 vote one Councilman to be Commissioner of Finance and 
 Revenue, one to be Commissioner of Public Health and 
 Safety, one to be Commissioner of Public Works and one 
 to be Commissioner of Public Supplies. If the Council is 
 unable to agree, the Mayor shall have authority to make 
 such designation. The Council may change such designa- 
 tion by ordinance or by resolution published for two days, 
 whenever it determines that the public service will be 
 benefited thereby. 
 
 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. They shall be appointed 
 
28 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 and may be removed by a majority vote of the Council. 
 The Council, at any time when in its judgment the inter- 
 ests 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 
 prescribe the duties of all the chief officials. 
 
 The Council shall at the first regular meeting after the 
 election of its members, or as soon thereafter as practi- 
 cable, proceed to the appointment of the chief officials of 
 the City and the determination of their duties as provided 
 in this section. 
 
 Subordinate officers and employes. 
 
 Sec. 31. The Council shall have power by ordinance to 
 create and discontinue offices, deputyships, assistantships 
 and employments other than those prescribed in this Char- 
 ter, provide the modes of filling them, to prescribe the 
 duties pertaining thereto, according to its judgment of the 
 needs of the City, and to determine the mode of removing 
 any such officer, deputy, assistant or employee, except as 
 otherwise provided in this Charter. 
 
 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. The council shall also fix the com- 
 pensation of all other officers and employees of the City, 
 except as in this Charter otherwise provided. No officer or 
 employee shall be allowed any fees, perquisites, emolu- 
 ments, rewards or compensation, 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 annu- 
 ally on such date as may be fixed by the Council, render 
 to the Mayor a full report of all the operations of such 
 department or commission for the year. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 29 
 
 Reports to be published. 
 
 Sec. 34. The Council shall provide for the publication 
 of the annual reports of the Mayor and of the several 
 departments and commissions. 
 
 Councilmen to hold no other office. 
 
 Sec. 35. No member of the Council, except the Commis- 
 sioner of Finance and Revenue, who shall be ex-officio 
 member of the Board of Education, shall hold any other 
 municipal office or hold any office or employment the com- 
 pensation of which is paid out of the municipal moneys ; or 
 be elected or appointed to any office created or the com- 
 pensation of which is increased by the Council while he 
 was a member thereof, until one year after the expiration 
 of the term for which he was elected. 
 
 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 
 services, and no appointment to or selection for or re- 
 
30 CHARTER OF. THE CITY OF BERKELEY 
 
 moval 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. 
 
 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. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 31 
 
 Majority vote of Council. 
 
 (3) No ordinance or resolution shall be passed or be- 
 come effective without receiving the affirmative votes of at 
 least three 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 em- 
 braced in an ordinance which shall no.t be expressed in its 
 title, such ordinance shall be void only as to so much 
 thereof as 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 it 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 
 
32 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 fails to pass, and a motion is made to reconsider, the vote 
 upon such motion shall not be taken except at a meetings 
 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 
 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. 
 
 (11) 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 intro- 
 duction, 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 evi- 
 dence of the contents of the ordinance and of the due 
 passage and publication of the same, and shall be ad- 
 missible 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 prevent the proof of the passage and pub- 
 lication of an ordinance in the usual way. 
 
 Protection of absent commissioner. 
 
 Sec. 45. No final action shall be taken in any manner 
 
CHARTER OF THE CITY OF BERKELEY 
 
 33 
 
 concerning the special department of any absent Council- 
 man unless such business has been made a special order 
 of the day by action at a previous meeting of the Council 
 or such action is taken at a regular meeting of the Council. 
 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 
 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, cre- 
 matories, garbage collection and garbage disposal and re- 
 duction works, street cleaning and sprinkling plants, quar- 
 ries, 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 corpo- 
 rations outside the City, with water, gas and electricity. * 
 
34 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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, main- 
 tenance 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. 
 
 Lease of public utilities. 
 
 (6) To lease to corporations or individuals for the 
 purpose 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 35 
 
 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 
 public necessity requires the expenditure of any sum so 
 voted before the next succeeding tax levy, to borrow such 
 sum and provide in the next succeeding tax levy for its 
 repayment with interest at not exceeding five per cent per 
 annum. Or the Council may be authorized to levy a 
 special tax each year for a period of years not exceeding 
 three years in all, for any permanent municipal improve- 
 ment, and the money so raised may be expended each 
 year after the same is collected and available. 
 
 Joint ownership of water supply. 
 
 (10) 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 con- 
 struct the works necessary for their joint and several 
 purposes and needs and to unite with such cities in bond 
 issues therefor. 
 
 Sue and defend. 
 
 (11) 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 
 
36 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 
 device, 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 abatement of any 
 nuisance at the expense of the person or persons creating, 
 causing, committing or maintaining such nuisance. 
 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 use of powder, dynamite, guncotton, nitro- 
 glycerine, fireworks and other explosive materials and 
 substances. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 37 
 
 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 con- 
 struction, 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 struc- 
 tures ; to prevent the erection and maintenance of insecure 
 or unsafe 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 construction of foundations and foundation 
 walls, the manner of construction and location of drains 
 and sewers, the materials 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 
 
 *“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 
 
 escapes and appliances for protection against fire and for 
 the extinguishment 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 
 entrances to and exits from all theatres, lecture rooms, 
 halls, schools, churches, and other places for public gath- 
 ering 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 
 streets of the City, to require railroad companies to station 
 flagmen, place gates or viaducts at all such street cross- 
 ings 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 pro- 
 hibit 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, automobiles 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 ban- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 39 
 
 ners, 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 obstruc- 
 tions 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 pay- 
 ment of license fees by the owners or persons having 
 possession of dogs, and to impose penalties upon such 
 persons for refusing to pay such license fee. 
 
 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 
 
40 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 prop- 
 erty infected 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, of- 
 fensive 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 
 products as are unsound, spoiled, adulterated, or unwhole- 
 some, and to regulate and prevent bringing into the City 
 or having or keeping within the City any such unsound, 
 spoiled, adulterated 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 41 
 
 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, ex- 
 press 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 
 keeping and use by dealers of proper weights and meas- 
 ures 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 chance for the purpose of gambling, the keeping 
 or operating of card machines, slot machines or other 
 contrivances upon or into which money is staked, haz- 
 arded, 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. 
 
42 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Public order and decency. 
 
 (33) To restrain and punish vagrants, mendicants, lewd 
 persons and prostitutes ; to prevent and punish drunk- 
 enness, prize fights and all offensive, immoral, indecent 
 and disorderly conduct and practices in the City. 
 
 Taxation. 
 
 (34) To levy and collect taxes upon all real and 
 personal property within the City, subject to the limita- 
 tions 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 col- 
 lected. 
 
 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 funds 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 
 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 43 
 
 advertising for five days, of personal property unfit or 
 unnecessary for the use of the City. 
 
 Trusts. 
 
 (41) To provide for the execution of all trusts con- 
 fided 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 
 Berkeley to be graded or regraded to the official grade, 
 planked or replanked, paved or repaved, macadamized or 
 re-macadamized, 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 crosswalks to be constructed therein, and to 
 order breakwaters, levees or walls of rock or other ma- 
 terial to protect the same and also any other work or im- 
 provement therein ; to provide for the care of shade trees 
 planted therein and to cause shade trees to be planted, set 
 out and cultivated therein ; 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 pri- 
 vate 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. 
 
44 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Whenever, in the judgment of the Council or of the 
 people, the cost and expense of any of the foregoing 
 improvements 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 Commissioner of Public Works, and all 
 clerical work shall be performed by the Superintendent of 
 Streets, who shall receive no compensation therefor other 
 than the salaries of their respective offices. 
 
 As amended in 1913. (Statutes 1913, Chap. 6, p. 1502.) 
 
 Light and water. 
 
 (45) To provide for the lighting of the streets, high- 
 ways, public places, and public buildings and for supply- 
 ing 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, interur- 
 ban railway or street railway of any kind shall 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 
 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, 
 
CHARTER OF THE CITY OF BERKELEY 
 
 45 
 
 regulate 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 first 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 
 between 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, 
 occupied 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 now or may hereafter enter the City, subject to 
 such regulations 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. 
 
46 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 
 elections 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, 
 for an eligible list from which vacancies shall be filled, for 
 a period of probation before employment is made per- 
 manent, and for promotion on the basis of merit, experi- 
 ence and record. 
 
 Civic Art Commission. 
 
 (57) To establish a Civic Art Commission and to ap- 
 point Commissioners thereon, to serve without compen- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 47 
 
 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 
 appoint Commissioners thereon, to serve without compen- 
 sation, 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 
 compensation, 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 
 necessary and proper to carry out the general powers of 
 the City or any of the provisions of this Charter, and to 
 exercise all powers not in conflict with the Constitution of 
 the State, with this Charter or with ordinances adopted by 
 the people of the City . 
 
 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. 
 
48 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Tax System. 
 
 Sec. 51. The 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 the State of California now or hereafter in 
 force and comply with the requirements thereof whereby 
 assessments may be 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 
 commissions shall send to the Commissioner of Finance 
 and Revenue a careful estimate in writing of the amounts 
 specifying in detail the objects thereof, required for the 
 business and proper conduct of their respective depart- 
 ments, 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 the 
 Council, the Commissioner of Finance and Revenue shall 
 submit to the Council an estimate of the probable expendi- 
 tures of the City government for the next ensuing fiscal 
 year, stating the amount required to meet the interest and 
 sinking funds for the outstanding funded indebtedness of 
 the City, and the wants of all the departments of the 
 municipal government in detail, and showing specifically 
 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 49 
 
 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 make a budget of the estimated amounts 
 required to pay the expenses of conducting the business of 
 the City government for the next ensuing fiscal year. The 
 budget 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. 
 
 Board of Equalization. 
 
 Sec. 55. The Council shall meet at their usual place of 
 holding meetings on the first Monday in August~©f each 
 year, at ten o’clock in the forenoon of said day, and sit as 
 a Board of Equalization, and shall continue in session 
 from day to day until the last Monday in August. They 
 shall have power to hear complaints and to correct, mod- 
 ify, strike out or to raise any assessment, provided that 
 notice shall be given to the party whose assessment is to 
 be raised. 
 
 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 com- 
 pute 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. 
 
50 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 
 tax for municipal purposes, levy a tax for the adequate 
 support of the public schools, such levy not to exceed 
 thirty-five cents on each one hundred dollars of the as- 
 sessed 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 
 maintain 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 run- 
 ning expenses of the City on a cash basis. For this pur- 
 pose the Council shall provide that, from the money col- 
 lected from the annual tax levy and from money received 
 from other sources, a sum equal to not less than two and 
 one-half 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 demands 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 51 
 
 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 per- 
 centage imposed for delinquency and the cost of collec- 
 tion, 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 attach as of the first Monday in 
 March of each year, and may be enforced by actions in 
 any court of competent jurisdiction to foreclose such liens, 
 or by a sale of the property affected and the execution 
 and delivery of all necessary certificates 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 redemption, 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. Money shall be drawn from the treasury only 
 upon warrants as herein authorized. Every demand 
 against the City from whatever source, including the 
 School Department and the Free Public Library, when al- 
 lowed by the Council or proper board, shall be signed by 
 the President and Secretary or Clerk of such body, and a 
 warrant, numbered and dated the same as the demand 
 issued and signed by the same officers, and both must, 
 before it can be paid, be presented to the Auditor, who 
 shall satisfy himself whether the money is legally due 
 and its payment authorized by law. If he allows it, he 
 shall endorse upon the warrant the word “Allowed,” and 
 the date of such allowance, and sign his name thereto. 
 No demand shall be approved, allowed, audited or paid 
 
52 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 unless it specify each special item, and the date thereof. 
 It shall be the duty of the Auditor to be constantly 
 acquainted with the exact condition of the treasury. He 
 shall, on application of any person indebted to the City, 
 holding money payable into the City Treasury or desiring 
 to pay money therein, certify to the Treasurer the amount 
 thereof, to what fund applicable, and by whom to be paid. 
 He shall charge the Treasurer with the amount received. 
 It shall be his duty to apportion among the several funds 
 all public money at any time in the City Treasury, not 
 by law or ordinance specifically apportioned and appro- 
 priated, and forthwith notify the Treasurer of such appor- 
 tionment or appropriation. He shall countersign and de- 
 liver to the proper officers, all licenses and other re- 
 ceipts, charging them therewith, and taking their receipt 
 therefor. He shall on the first Monday of each month, or 
 oftener if required, report in writing to the Council the 
 condition of each fund in the Treasury. He shall keep a 
 complete set of books for the City, in which he shall set 
 forth in a plain and businesslike manner, every money 
 transaction of the City, so that he can at any time tell the 
 exact condition of the City’s finances, and draw all war- 
 rants on the treasury. He shall perform such other duties 
 as may be required of him by this Charter or by ordinance. 
 
 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 53 
 
 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 
 business 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 
 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. 
 
54 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 
 exceeds 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 
 contemplated for five consecutive days in the official news- 
 paper. 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 readvertise 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. 
 
 Contracts for official advertising. 
 
 Sec. 68. The Council shall let annually contracts for the . 
 official advertising for the ensuing fiscal year. For this 
 purpose the Council shall advertise for five consecutive 
 days, setting forth distinctly and specifically the work con- 
 templated to be done, and asking for sealed proposals there- 
 for. The proposals shall specify the type and spacing to 
 be used at the rate or rates named in the bids. The Council 
 shall let the contracts for such official advertising to the 
 lowest responsible bidder publishing a daily newspaper in 
 the city which is a newspaper of general circulation and 
 has been in existence at the time of the awarding of the 
 contract at least one year; provided, that the Council may 
 reject any or all bids if found excessive, and advertise for 
 new bids. 
 
 The newspaper to which the award of such advertising 
 is made shall be known and designated as the “official news- 
 paper.” 
 
CHARTER OF THE CITY OF BERKELEY 
 
 55 
 
 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 mini- 
 mum 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 
 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 
 
56 CHARTER OF THE CITY OF BERKELEY 
 
 the Council shall advertise for a new contract for said 
 work or provide for such public work to be done by the 
 Department 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 declared 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. 
 
 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, highway or other public place in the City for the 
 transmission of gas or electricity, or for any purpose what- 
 ever, 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 privilege 
 
 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 57 
 
 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 reve- 
 nue received from the use, operation or possession of the 
 franchise, permit or privilege, provided that such net 
 annual revenue shall be determined by deducting from the 
 gross annual revenue collected from any and all sources, 
 under and by virtue of such franchise, permit or privilege, 
 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 of the 
 grantee 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 Railroad Com- 
 mission 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 fran- 
 chise, permit or privilege not less than one-half (}£) of 
 one (1) per cent of the net annual revenue for the entire 
 term of the franchise, permit or privilege above the high- 
 
58 CHARTER OF THE CITY OF BERKELEY 
 
 est sealed bid therefor, and such bids so made may be 
 raised not less than one-half ( y 2 ) 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, permit 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 possess- 
 sion 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 respon- 
 sible 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 privelege is for a street or 
 suburban or interurban railroad, which shall extend be- 
 yond the limits of the City of Berkeley, then and in that 
 case the percentage of the net annual revenue above speci- 
 fied shall be computed or reckoned as follows : The total 
 length of the said railroad within and without the City, 
 shall be compared with the length of said railroad within 
 the City, for which a franchise, permit or privilege is bid, 
 and such fraction 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 rail- 
 road shall be deemed and considered the net annual reve- 
 nue upon which the above percentage to be paid into the 
 City Treasury shall be reckoned. No street or suburban 
 or interurban or commercial railroad shall, without per- 
 mission 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- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 59 
 
 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 
 approval of the surety bond hereinafter provided for, 
 whereupon the remainder of such deposit, after the pay- 
 ment therefrom 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 biding therefor, and no 
 clause or provision shall be inserted in any franchise 
 offered for sale which shall in any wise favor one per- 
 son, 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 approved 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 conditions of such bond, the whole amount of the penal 
 sum therein named shall be taken and deemed to be liqui- 
 dated 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 fran- 
 chise 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 
 
60 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 fran- 
 chise shall, in the discretion of the Council, be readver- 
 tised and again offered for sale in the same manner and 
 under the same restrictions as hereinbefore provided. 
 
 Re-settlement franchises. 
 
 Sec. 77y 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 following terms and conditions, and not 
 otherwise : 
 
 Advisory Board. 
 
 (1) 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 prepar- 
 ing such re-settlement franchise ; and said written appli- 
 cation 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 in- 
 curred by them in the work of preparing said re-settlement 
 franchise shall be paid by 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. 
 
CHARTER OF THE CITY OF BERKELEY 61 
 
 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, per- 
 mit or privilege, which percentage shall not be less than 
 fifty-five (55) per 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 val- 
 uation 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. 
 
 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 
 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 elec- 
 tion next ensuing not less than twenty (20) days after the 
 final passage of such ordinance. But if no general or spe- 
 cial election 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 ordi- 
 
62 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 nance 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 
 convenient 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 
 terms of a re-settlement franchise that provide, 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 
 conditions as the City may so purchase. 
 
CHARTER OF THE CITY OF BERKELEY 
 
 63 
 
 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 amendment 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 
 service of the highest efficiency, which shall be maintained 
 during 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 
 franchise the right to extend the appliances and serv- 
 ice 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 
 
64 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 with the original grant of such grantee by which the 
 extensions are made. 
 
 Consolidated or annexed territory. 
 
 (11) 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 
 thereupon be surrendered to the City and that the rights 
 and obligations of such re-settlement franchise shall there- 
 upon automatically extend to such additional territory, 
 and that a valuation of the properties used and useful, or 
 in the discretion 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 opera- 
 tion 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 contra- 
 vention of any conditions of this Charter. 
 
 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 65 
 
 of the State of California, may assume the obligations of 
 such grantee for the payment of the bonds then outstand- 
 ing against said property, not exceeding in aggregate par 
 value the valuation of the property thus purchased, deter- 
 mined as in Section Eighty-two (82) of this Charter pro- 
 vided, 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 pur- 
 chase price to be paid to the grantee by the City for said 
 property. After such purchase, the bonds so assumed 
 shall no longer be a lien exclusively 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 per- 
 centage 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 
 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 
 
66 
 
 CHARTER OF THE CITY QF BERKELEY 
 
 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 
 accommodations 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 ade- 
 quate, sufficient and proper service and accommodations 
 for the people and insure their comfort and convenience. 
 
 Rates and charges. 
 
 Sec. 81. 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 fran- 
 chise. The grant of every franchise for a street, suburban 
 or interurban railroad shall provide that all United States 
 mail carriers 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 rail- 
 road within the boundaries 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 
 express condition that the City may, at a valuation fixed 
 and determined, as hereinafter provided, either assume 
 ownership by purchase and take over to itself the prop- 
 erty used and useful or in the discretion of the City 
 prospectively useful 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 corpora- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 67 
 
 tion upon giving said grantee six months’ written notice 
 of its intention to so purchase and take over said prop- 
 erty, 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 prospec- 
 tively useful and owned by the grantee at the time appli- 
 cation is made for said new franchise, permit or privilege, 
 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 sev- 
 enty-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 
 grantee shall, at the expiration of the period for which it 
 
68 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 perform- 
 ance of any act or payment of any compensation by the 
 lessee or assignee shall be deemed to operate as such con- 
 sent; 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 repave, 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 satisfaction 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 
 
CHARTER OF THE CITY OF BERKELEY 
 
 69 
 
 not required for purposes 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 
 corporation arising from this Charter or from the ordi- 
 nance granting 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 corpora- 
 tion within the City of Berkeley for the year immediately 
 preceding such report. Such report shall contain such 
 further statements as may be required by the Council con- 
 cerning 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 betterments during such year. 
 
70 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 
 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 termina- 
 tion 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 rail- 
 roads 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 assigns shall, within six 
 months after this Charter takes effect, in good faith com- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 71 
 
 mence the exercise and enjoyment of such privilege or 
 franchise. 
 
 ARTICLE XIII. 
 
 THE INITIATIVE 
 
 Direct legislation. 
 
 Sec. 92. (1) Any proposed ordinance may be submitted 
 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 
 
72 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 suf- 
 ficiency attached to the petition accompanying such 
 ordinance. 
 
 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 enve- 
 lope with a sample ballot and mail the same to each voter, 
 at least three days prior to the election, or (b) the Coun- 
 cil 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 gen- 
 eral nature of the proposed ordinance) and “Against the 
 Ordinance,” (setting forth in full the title thereof and stat- 
 ing the general nature of the proposed ordinance). If a 
 majority of the qualified electors voting on said proposed 
 ordinance shall vote in favor thereof, such ordinance shall 
 thereupon become a valid and binding ordinance of the 
 City. 
 
 Several ordinances at one election. 
 
 (7) Any number of proposed ordinances may be voted 
 
CHARTER OF THE CITY OF BERKELEY 
 
 73 
 
 upon at the same election, in accordance with the pro- 
 visions 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 elec- 
 tion ; and should such proposition, so submitted, receive a 
 majority 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. 
 
 (10) The Council may, by ordinance, make such fur- 
 ther regulations as may be necessary to carry out the pro- 
 visions 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 contains a statement of its urgency, and is 
 passed by a four-fifths 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 
 
74 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 preced- 
 ing 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 ordinance, and if 
 the same be not entirely repealed, the Council shall submit 
 the ordinance, as is provided in Article XIII of this Char- 
 ter, 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 
 thereof. The provisions of Section 5 of Article III re- 
 specting 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 ordi- 
 nances 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 meas- 
 ures herein provided for, if said other questions are such 
 as may legally be submitted at such election. If the pro- 
 visions 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 
 
CHARTER OF THE CITY OF BERKELEY 75 
 
 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 
 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 therefor 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. 
 
76 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 Meetings to be public. 
 
 Sec. 101. 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 
 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 
 recommendations. 
 
 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. 
 
CHARTER OF THE CITY OF BERKELEY 77 
 
 School warrants. 
 
 Sec. 107. Every claim payable out of the School Fund 
 shall be filed with the Secretary of the Board of Educa- 
 tion, and after it shall have been approved by the Board 
 a certificate 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 Presi- 
 dent and countersigned 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 writ- 
 ing to the Council a careful estimate of the whole amount 
 of money to be received from the State and County for the 
 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, sub- 
 ject to the provisions of this Charter, be assessed and col- 
 lected 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. 
 
78 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 First election under this Charter. 
 
 Sec. 110. 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. 111. 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, Councilmen and School Directors, respec- 
 tively, 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 resolu- 
 tion so declare. 
 
 Existing ordinances continued in force. 
 
 Sec. 112. 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 
 continued in force until the same shall be duly amended 
 or repealed. 
 
 Conduct of legal proceedings. 
 
 Sec. 113. 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 litiga- 
 tion or to assist the City Attorney therein. 
 
 Violation of Charter and ordinances. 
 
 Sec. 114. The violation of any provision of this Charter 
 or of any ordinance of the City shall be deemed a misde- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 79 
 
 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 ordi- 
 nance may be imprisoned in the City jail, or, if the Coun- 
 cil 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. 115. 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 restric- 
 tions 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.) 
 
 CERTIFICATE 
 
 Whereas, 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. Hodg- 
 head, 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. Wyckoff a Board of Fif- 
 teen Freeholders 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 
 
80 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 fol- 
 lows : “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, 
 prohibiting the sale of liquor, take the place of subdivision 
 29, Section 49, Article IX?” 
 
 Said alternative proposition is as follows : 
 
 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 
 person 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. Noth- 
 ing in this section shall prevent the Council from regu- 
 lating the sale of such liquors by a regularly licensed 
 druggist for medicinal purposes upon the written prescrip- 
 tion of a practicing physician entitled to practice medicine 
 
CHARTER OF THE CITY OF BERKELEY 81 
 
 under the laws of the State of California, or the sale of 
 such liquors for chemical, mechanical or scientific pur- 
 poses. 
 
 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 
 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; 
 
82 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 that said proposed charter was then published in the 
 “Berkeley 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 completion 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 re- 
 jecting said proposed Charter and the alternative propo- 
 sition submitted therewith; that by a majority of the votes 
 of the qualified electors voting at said election said pro- 
 posed 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. 
 
 IN WITNESS WHEREOF, I have hereunto set my 
 hand and caused the corporate seal of said Town of Berke- 
 ley to be affixed this 3d 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- 
 
CHARTER OF THE CITY OF BERKELEY 
 
 83 
 
 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) inhabit- 
 ants; and 
 
 Whereas, at a special election duly held in said town on 
 the 21st 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 pub- 
 lished in the “Berkeley Reporter” and in “The Berkeley 
 Independent,” each being a newspaper of general circula- 
 tion in 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 
 
84 
 
 CHARTER OF THE CITY OF BERKELEY 
 
 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 favor 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 
 amendment, 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 
 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, 
 
CHARTER OF THE CITY OF BERKELEY 85 
 
 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, the 
 fourth day of March, A. D. 1909, at 10 :50 a. m. 
 
 C. E. CURRY, 
 
 Secretary of State. 
 
 J. HOESCH, 
 
 Deputy. 
 
 State of California, 
 
 County of Alameda, Town of Berkeley. 
 
 I, Francis Eerrier, 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 fol- 
 lowing 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 Cali- 
 fornia. 
 
 IN WITNESS WHEREOF, I have hereunto set my 
 
86 CHARTER OF THE CITY OF BERKELEY 
 
 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 29247 
 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 
 113, Miscellaneous Records of Alameda County. 
 
 A. K. GRIM, 
 
 County Recorder. 
 
CONTENTS 
 
 1 
 
 
 Art. 
 
 Sec. 
 
 Sbd 
 
 Additional powers of the Council 
 
 9 
 
 49 
 
 62 
 
 Administering oaths. Subpoenas (Officers have power) 
 
 5 
 
 20 
 
 Alternative proposition. (Liquor) 
 
 16 
 
 114 
 
 
 Annual budget (Council) 
 
 10 
 
 54 
 
 
 Annual estimate of city’s requirements and revenue 
 
 10 
 
 53 
 
 
 Annual estimate of expenses. (Board of Education) 
 
 15 
 
 108 
 
 
 Annual tax levy 
 
 10 
 
 56 
 
 
 Annual reports of company (holdings and franchises) 
 
 12 
 
 87 
 
 
 Applications for franchises (method) 
 
 12 
 
 77 
 
 1 
 
 Applies to all elective officers. (Recall) 
 
 4 
 
 7 
 
 1 
 
 Arrangement of offices on ballot 
 
 3 
 
 5 
 
 17 
 
 Ayes and noes on ordinances and resolutions 
 
 8 
 
 44 
 
 2 
 
 Ballots, form of 
 
 3 
 
 5 
 
 14 
 
 Ballots, requirements of 
 
 3 
 
 5 
 
 15 
 
 Ballots, everv nominee to be on 
 
 3 
 
 5 
 
 16 
 
 Ballots, arrangement of offices 
 
 3 
 
 5 
 
 17 
 
 Ballots, space for voting cross 
 
 3 
 
 5 
 
 18 
 
 Ballots, blank for additional candidates 
 
 3 
 
 5 
 
 19 
 
 Ballots, sample 
 
 3 
 
 5 
 
 20 
 
 Beginning and completion of work under franchise 
 
 12 
 
 79 
 
 Bequests and donations, Council can accept 
 
 9 
 
 47 
 
 7 
 
 Bidding for the franchise 
 
 12 
 
 77 
 
 3 
 
 Billboards and signs, power to regulate 
 
 9 
 
 49 
 
 18 
 
 Blank spaces for additional candidates 
 
 3 
 
 5 
 
 19 
 
 Board of Education, The 
 
 15 
 
 96 
 
 Board of Equalization 
 
 10 
 
 55 
 
 
 Bond tax. Library tax 
 
 10 
 
 58 
 
 
 Bonds, official 
 
 5 
 
 17 
 
 
 Bonds for franchise 
 
 12 
 
 77 
 
 6 
 
 Boulevards 
 
 9 
 
 49 
 
 46 
 
 Borrowing money. Bonds 
 
 9 
 
 47 
 
 8 
 
 Boundaries 
 
 2 
 
 3 
 
 Building regulations 
 
 9 
 
 49 
 
 11 
 
 Candidates. Election 
 
 3 
 
 4 
 
 Cash basis fund 
 
 10 
 
 59 
 
 
 Chief executive, The 
 
 6 
 
 21 
 
 
 Chief officials, The 
 
 7 
 
 30 
 
 
 Civic Art Commission 
 
 9 
 
 49 
 
 57 
 
 Civil Service Commission 
 
 9 
 
 49 
 
 56 
 
 Closed or abandoned streets, power to deed land 
 
 9 
 
 49 
 
 47 
 
 Collusion by bidder prohibited 
 
 11 
 
 73 
 
 Collusion with bidder prohibited 
 
 11 
 
 72 
 
 
 Commission of Public Charities, power to establish 
 
 9 
 
 49 
 
 60 
 
 Compensation of officers and employees, Council to fix 
 
 7 
 
 32 
 
 Condition of candidacy for office 
 
 3 
 
 5 
 
 2 
 
 Condition of grant of franchise 
 
 12 
 
 77 
 
 2 
 
 Conduct of legal proceedings by City Attorney 
 
 16 
 
 113 
 
 
 Contracts for lighting 
 
 11 
 
 69 
 
 
 Contracts for official advertising. 
 
 11 
 
 68 
 
 
 Contracts for water 
 
 11 
 
 70 
 
 
 Council to assign duties to the departments 
 
 7 
 
 28 
 
 
 Council the governing body, The 
 
 8 
 
 38 
 
 
 Councilman to hold no other office 
 
 7 
 
 35 
 
 
 Councilmen’s term of office 
 
 5 
 
 15 
 
 
 Cruelty to animals (to prohibit) 
 
 9 
 
 49 
 
 ! 
 
 21 
 
 
 
11 
 
 CONTENTS 
 
 Dairies (power to regulate) 
 
 Dangerous and offensive occupation; disagreeable noises. 
 
 Date of presenting nomination petition 
 
 Date of second election 
 
 Department estimate of annual requirements 
 
 Deposit as guarantee of good faith (franchise) 
 
 Direct legislation by the people (initiative) 
 
 Direct legislation (initiative) 
 
 Dogs (power to regulate) 
 
 Disposition of money collected 
 
 Duties of the Auditor 
 
 Elective offices, The 
 
 Election at large 
 
 Election proclamation . 
 
 Elections (Initiative) 
 
 Election under Recall petition 
 
 Election of teachers 
 
 Elections .... 
 
 Elections, informalities in 
 
 Election, general laws apply 
 
 Eligibility of Mayor, Auditor and Councilmen 
 
 Eligibility of School Directors : 
 
 Enacting clause of ordinances 
 
 Engines and boilers, power to regulate 
 
 Erroneously collected taxes 
 
 Every nominee to be on ballot 
 
 Examination of company’s books. Audit. (Franchise) 
 
 Examination of petitions by City Clerk 
 
 Existing ordinances continued in force 
 
 Explosives (regulation of) 
 
 Failure of persons elected to qualify 
 
 Fees (Council to fix), officers 
 
 Fifteen per cent petition (Initiative) 
 
 Filing of petitions 
 
 Fire escapes 
 
 Fire limits 
 
 First election under this charter 
 
 Fiscal year, The 
 
 Five per cent petition (Initiative) 
 
 Forfeiture for non-compliance with franchise 
 
 Forms of ballots .' 
 
 Forms of contracts 1 
 
 Form of nomination petition 
 
 Forms to be supplied by the City Clerk 
 
 Four municipal departments, The 
 
 Four commissioners, The ... 
 
 Franchise not in use forfeited 
 
 Franchise to use streets 
 
 Franchise (Re-settlement) 
 
 Free competition in bidding for franchise 
 
 Further regulations (Recall of elective officers) 
 
 Further regulations (Referendum) 
 
 Further regulations (Initiative) 
 
 Garbage 
 
 General and special municipal elections 
 
 Art. 
 
 Sec. 
 
 Sbd 
 
 9 
 
 49 
 
 25 
 
 9 
 
 49 
 
 23 
 
 3 
 
 5 
 
 7 
 
 3 
 
 5 
 
 23 
 
 10 
 
 52 
 
 
 12 
 
 77 
 
 4 
 
 13 
 
 92 
 
 1 
 
 9 
 
 48 
 
 
 9 
 
 49 
 
 19 
 
 10 
 
 63 
 
 
 10 
 
 61 
 
 
 5 
 
 
 
 5 
 
 9 
 
 
 3 
 
 * 5 
 
 13 
 
 12 
 
 92 
 
 6 
 
 4 
 
 7 
 
 
 15 
 
 105 
 
 
 3 
 
 4 
 
 
 3 
 
 5 
 
 26 
 
 3 
 
 6 
 
 
 5 
 
 10 
 
 
 5 
 
 11 
 
 
 8 
 
 44 
 
 5 
 
 9 
 
 49 
 
 9 
 
 9 
 
 49 
 
 35 
 
 3 
 
 5 
 
 16 
 
 12 
 
 86 
 
 
 3 
 
 5 
 
 8 
 
 6 
 
 112 
 
 
 9 
 
 49 
 
 7 
 
 3 
 
 5 
 
 25 
 
 9 
 
 49 
 
 36 
 
 13 
 
 92 
 
 3 
 
 3 
 
 5 
 
 11 
 
 9 
 
 49 
 
 12 
 
 9 
 
 49 
 
 10 
 
 16 
 
 110 
 
 
 10 
 
 50 
 
 
 13 
 
 92 
 
 4 
 
 12 
 
 89 
 
 
 3 
 
 5 
 
 14 
 
 11 
 
 65 
 
 
 3 
 
 5 
 
 3 
 
 3 
 
 5 
 
 4 
 
 7 
 
 27 
 
 
 7 
 
 29 
 
 
 12 
 
 91 
 
 
 12 
 
 76 
 
 
 12 
 
 7754 
 
 
 12 
 
 77 
 
 5 
 
 4 
 
 7 
 
 10 
 
 14 
 
 95 
 
 
 13 
 
 92 
 
 10 
 
 9 
 
 49 
 
 28 
 
 3 
 
 4 
 
 
CONTENTS 
 
 in 
 
 Krt. 
 
 Sec. 
 
 Sbd 
 
 9 
 
 47 
 
 
 4 
 
 7 
 
 5 
 
 11 
 
 71 
 
 
 3 
 
 5 
 
 3 
 
 3 
 
 5 
 
 5 
 
 9 
 
 48 
 
 
 13 
 
 92 
 
 
 9 
 
 49 
 
 8 
 
 9 
 
 49 
 
 16 
 
 9 
 
 49 
 
 24 
 
 9 
 
 47 
 
 10 
 
 9 
 
 47 
 
 5 
 
 9 
 
 47 
 
 6 
 
 12 
 
 84 
 
 
 9 
 
 49 
 
 38 
 
 1 
 
 2 
 
 
 12 
 
 78 
 
 
 9 
 
 49 
 
 45 
 
 10 
 
 57 
 
 
 13 
 
 92 
 
 8 
 
 9 
 
 49 
 
 29 
 
 9 
 
 49 
 
 26 
 
 8 
 
 44 
 
 3 
 
 6 
 
 22 
 
 
 6 
 
 24 
 
 
 6 
 
 25 
 
 
 6 
 
 21 
 
 
 6 
 
 26 
 
 
 5 
 
 14 
 
 
 9 
 
 49 
 
 37 
 
 6 
 
 23 
 
 
 8 
 
 40 
 
 
 8 
 
 41 
 
 
 15 
 
 98 
 
 
 15 
 
 101 
 
 
 14 
 
 93 
 
 
 10 
 
 62 
 
 
 10 
 
 63 
 
 
 16 
 
 115 
 
 
 9 
 
 49 
 
 61 
 
 1 
 
 1 
 
 
 12 
 
 83 
 
 
 4 
 
 7 
 
 8 
 
 11 
 
 75 
 
 
 3 
 
 5 
 
 1 
 
 3 
 
 5 
 
 3 
 
 9 
 
 49 
 
 3 
 
 5 
 
 18 
 
 
 7 
 
 36 
 
 
 5 
 
 17 
 
 
 9 
 
 49 
 
 1 
 
 General powers of the city 
 
 Grounds of recall. Officers’ justification. 
 
 Hours of labor 
 
 Individual certificate, forms of 
 
 Individual certificate, requirements of. 
 
 Initiative 
 
 Initiative ^ 
 
 Inflammable materials 
 
 Improper use of streets 
 
 Inspection of food products 
 
 Joint ownership of water supply. 
 
 Land for public purposes 
 
 Lease of public utilities..... 
 
 Lease or assignment of franchise 
 
 Lease of lands owned by the city 
 
 Liabilities (City successor to) 
 
 Life of franchise 
 
 Light and water , 
 
 Limit of tax levy.. I 
 
 Limit to special elections 
 
 Licensing businesses 
 
 Lodging, tenement and apartment houses. 
 
 Majority vote of Council 
 
 Mayor pro tempore 
 
 Mayor to have books examined 
 
 Mayor, supervision of public utility companies 
 
 Mayor, The, the chief executive 
 
 Mayor, additional duties to be fixed by law and ordinance. 
 
 Mayor’s and Auditor’s term of office 
 
 Mayor’s urgency fund 
 
 Mayor’s reports 
 
 Meetings of Council 
 
 Meetings to be public L— . ..... 
 
 Meetings (Board of Education) 
 
 Meetings to be public 
 
 Mode of protesting against ordinances (referendum) 
 
 Money to meet warrants 
 
 Money, collection and disposition of * ... 
 
 Municipal affairs 
 
 Municipal ownership 
 
 Name of the city 
 
 No conveyance necessary for city’s ownership of a franchise... 
 
 No recall petition for first three months 
 
 No use of streets without a franchise 
 
 Nomination and election of city officers : 
 
 Nomination petition, form of. (See petition of nomination). 
 Nuisances 
 
 Oath of office., 
 
 Officers not to be interested in contracts or franchises. 
 
 Official bonds s. 
 
 Official seal 
 
iv 
 
 CONTENTS 
 
 Ordinances and resolutions 
 
 Ordinances granting franchises 
 
 Ordinances required in certain .cases 
 
 Ordinances (when in effect) 
 
 Park commission 
 
 Payment of gross receipts under a franchise 
 
 Petition for recall 
 
 Petition of nomination, form of 
 
 Petition of nomination, date of presenting 
 
 Petition of nomination, examination by City Clerk 
 
 Petition of nomination, withdrawal of signature 
 
 Petition of nomination, withdrawal of candidate 
 
 Petition of nomination, filing of petitions 
 
 Petition of nomination, preservation of petitions ..... 
 
 Playground commission 
 
 Police and Fire Departments 
 
 Police and fire alarm systems 
 
 Political and religious tests 
 
 Powers of the Council enumerated 
 
 Powers of the Council enumerated 
 
 Powers and duties of the Superintendent (of Schools). 
 Powers of Supt. of Schools with reference to teachers. 
 
 Precaution against fires 
 
 Preservation of health 
 
 Preservation of petitions 
 
 President of the Board of Education 
 
 President and Vice-President (the Council) 
 
 Progressive payments on contracts 
 
 Property rights of the city inalienable 
 
 Protection of absent Commissioner 
 
 Provisions of section 5 apply (Recall) 
 
 Provisions of section 5 apply (Initiative) 
 
 Provision for safety of streets 
 
 Provision for safety in theatres, halls, etc 
 
 Public buildings, works and institutions 
 
 Public pound 
 
 Public order and decency 
 
 Public shows. Gambling 
 
 Public works to be done by contact 
 
 Publication of popular ordinance. (Initiative) 
 
 Publication of Charter and ordinances 
 
 Purchase of property under execution 
 
 Quorum (the Council) 
 
 Quorum (Board of Education) 
 
 Railroads to keep streets in repair 
 
 Rates and charges under franchise 
 
 Recall of elective officers 
 
 Record of City ordinances 
 
 Reconsideration of bills (ordinances) 
 
 Reference of measures to popular vote 
 
 Referendum 
 
 Regulation of poles and wires 
 
 Regulation of public vehicles 
 
 Regulation of public utility rates . 
 
 Regulation of street railroads 
 
 Art. 
 
 Sec. 
 
 Sbd 
 
 8 
 
 44 
 
 1 
 
 8 
 
 44 
 
 12 
 
 8 
 
 44 
 
 7 
 
 14 
 
 93 
 
 1 
 
 9 
 
 49 
 
 58 
 
 12 
 
 88 
 
 
 4 
 
 7 
 
 2 
 
 3 
 
 5 
 
 3 
 
 3 
 
 5 
 
 7 
 
 3 
 
 5 
 
 8 
 
 3 
 
 5 
 
 9 
 
 3 
 
 5 
 
 10 
 
 3 
 
 5 
 
 11 
 
 3 
 
 5 
 
 12 
 
 9 
 
 49 
 
 59 
 
 9 
 
 49 
 
 5 
 
 9 
 
 49 
 
 6 
 
 7 
 
 37 ‘ 
 
 
 9 
 
 47 
 
 
 9 
 
 48 
 
 
 15 
 
 103 
 
 
 15 
 
 104 
 
 
 9 
 
 49 
 
 13 
 
 9 
 
 49 
 
 22 
 
 3 
 
 5 
 
 12 
 
 15 
 
 97 
 
 
 8 
 
 39 
 
 
 11 
 
 66 
 
 
 12 
 
 74 
 
 
 8 
 
 45 
 
 
 5 
 
 7 
 
 3 
 
 13 
 
 92 
 
 2 
 
 9 
 
 49 
 
 15 
 
 9 
 
 49 
 
 14 
 
 9 
 
 47 
 
 1 
 
 9 1 
 
 49 
 
 20 
 
 9 
 
 49 
 
 33 
 
 9 
 
 49 
 
 32 
 
 11 
 
 67 
 
 
 13 
 
 92 
 
 5 
 
 8 
 
 46 
 
 
 9 
 
 49 
 
 39 
 
 8 
 
 42 
 
 
 15 
 
 99 
 
 
 9 
 
 49 
 
 51 
 
 12 
 
 81 
 
 
 4 
 
 7 
 
 
 8 
 
 44 
 
 13 
 
 8 
 
 44 
 
 8 
 
 14 
 
 94 
 
 
 14 
 
 93 
 
 
 9 
 
 49 
 
 53 
 
 9 
 
 49 
 
 30 
 
 9 
 
 49 
 
 49 
 
 9 
 
 49 
 
 50 
 
CONTENTS 
 
 v 
 
 
 Art. 
 
 Sec. 
 
 Sbd 
 
 Repeal of ordinances 
 
 8 
 
 44 
 
 11 
 
 Repeal of popular ordinances (Initiative) 
 
 13 
 
 92 
 
 9 
 
 Reports of departments 
 
 7 
 
 33 
 
 
 Reports to be published 
 
 7 
 
 34 
 
 
 Requirements of ballot 
 
 3 
 
 5 
 
 15 
 
 Requirements of certificate 
 
 3 
 
 5 
 
 5 
 
 Requirements of an ordinance 
 
 8 
 
 44 
 
 6 
 
 Reservation for belt lines (franchise) 
 
 12 
 
 90 
 
 
 Re-settlement Franchise 
 
 12 
 
 77/ 2 
 
 44 
 
 
 Revision and amendment of ordinances 
 
 8 
 
 10 
 
 Rewards 
 
 9 
 
 49 
 
 4 
 
 Right of City to assume ownership of a franchise 
 
 12 
 
 82 
 
 
 Rights and liabilities (City successor to) 
 
 1 
 
 2 
 
 
 Rules governing second election 
 
 3 
 
 5 
 
 24 
 
 Rules of proceedings (the Council) 
 
 8 
 
 43 
 
 Rules of proceedings (Board of Education) 
 
 15 
 
 100 
 
 
 Salaries 
 
 5 
 
 19 
 
 
 Sale of products of public utilities 
 
 9 
 
 47 
 
 4 
 
 Sale of useless personal property 
 
 9 
 
 49 
 
 40 
 
 Sample ballots 
 
 3 
 
 5 
 
 20 
 
 School Director’s term of office 
 
 5 
 
 16 
 
 School warrants 
 
 15 
 
 107 
 
 
 Seal (official) 
 
 9 
 
 49 
 
 1 
 
 Second general municipal election 
 
 3 
 
 4 
 
 Second general municipal election, when held 
 
 3 
 
 5 
 
 22 
 
 Second general municipal election, date of 
 
 3 
 
 5 
 
 23 
 
 Second general municipal election, rules governing 
 
 3 
 
 5 
 
 24 
 
 Service and accommodation under franchise 
 
 12 
 
 80 
 
 Several ordinances at one election. (Initiative) 
 
 13 
 
 92 
 
 7 
 
 Sewer connections 
 
 9 
 
 49 
 
 27 
 
 Signing and attesting ordinances and resolutions 
 
 8 
 
 44 
 
 9 
 
 Size and location of pipes 
 
 9 
 
 49 
 
 54 
 
 Space for voting cross 
 
 3 
 
 5 
 
 18 
 
 Special tax 
 
 9 
 
 47 
 
 Special municipal elections 
 
 3 
 
 4 
 
 9 
 
 Spur tracks 
 
 9 
 
 49 
 
 52 
 
 Street grades 
 
 9 
 
 49 
 
 42 
 
 Street opening 
 
 9 
 
 49 
 
 44 
 
 Street sprinkling, cleaning and paving under franchise 
 
 12 
 
 85 
 
 Street work 
 
 9 
 
 49 
 
 43 
 
 Subject and title (ordinance and resolutions) 
 
 8 
 
 44 
 
 4 
 
 Subordinate officers and employees 
 
 7 
 
 31 
 
 
 Sue and defend, power to 
 
 9 
 
 47 
 
 11 
 
 Supervision of public utility companies, Mavor has 
 
 6 
 
 25 
 
 Superintendent of Schools 
 
 15 
 
 102 
 
 
 Tax liens 
 
 10 
 
 60 
 
 
 Tax system 
 
 10 
 
 51 
 
 
 Taxation 
 
 9 
 
 49 
 
 34 
 
 Tenure of teachers 
 
 15 
 
 106 
 
 Telephone, telegraph and transportation 
 
 9 
 
 47 
 
 
 Terms of incumbents in office 
 
 6 
 
 111 
 
 3 
 
 Trusts (confided to the City) 
 
 9 
 
 49 
 
 41 
 
 Uniform accounts and reports 
 
 10 
 
 64 
 
 Vacancy in office of Mayor, Auditor or Councilman 
 
 5 
 
 12 
 
 
VI 
 
 CONTENTS 
 
 
 Art. 
 
 Sec. 
 
 Sbd 
 
 Vacancy in office of School Director 
 
 5 
 
 13 
 
 
 Verification deputies 
 
 3 
 
 5 
 
 6 
 
 Violation of Charter and ordinances 
 
 9 
 
 49 
 
 2 
 
 Violation of Charter and ordinances 
 
 16 
 
 114 
 
 
 Vote necessary for election 
 
 3 
 
 5 
 
 21 
 
 Voting machines 
 
 3 
 
 6 
 
 2 
 
 Water, light, heat and power 
 
 9 
 
 47 
 
 2 
 
 Waterfront and wharves 
 
 9 
 
 49 
 
 48 
 
 Weeds and rubbish on sidewalks 
 
 9 
 
 49 
 
 17 
 
 Weights and measures 
 
 9 
 
 49 
 
 31 
 
 When this Charter takes effect 
 
 16 
 
 109 
 
 
 Withdrawal of candidates 
 
 3 
 
 5 
 
 10 
 
 Withdrawal of signature 
 
 3 
 
 5 
 
 9 
 
JAM 11 1923