[Ord. No. 1877 §1, 1-20-1972]
The Council shall consist of seven (7) members to be known as
Councilmen, one (1) of which shall also be known as Mayor, each of
whom shall be elected for a term of four (4) years and shall serve
until his successor shall be elected and qualified, except as otherwise
provided herein. One (1) of the Councilmen and the Mayor shall be
elected at large by the qualified voters of the City. The Councilman-at-large
shall be known as the Vice President.
The other five (5) Councilmen shall be elected, one (1) from
each ward, by the qualified and registered voters thereof. The Mayor
and Councilmen from wards two (2) and four (4) shall be elected on
the first Tuesday in April of 1973 for a term of three (3) years,
and on the first Tuesday of April of 1976 thereafter the Mayor and
Councilmen from wards two (2) and four (4) shall be elected for a
term of four (4) years. The Councilman-at-large, Councilmen from wards
one (1), three (3) and five (5) shall be elected on the first Tuesday
of April 1974 and thereafter for a term of four (4) years.
[Ord. No. 2785 §1, 1-28-1986]
Each member of the Council shall be a registered voter of the
City and shall have been a resident thereof or of the territory annexed
to the City for at least two (2) years immediately prior to his election.
The Councilmen elected by Wards shall be residents of the respective
wards for two (2) years from which they are elected. A Councilman
shall, during his term, hold no other elective public office and shall
not be an officer or employee of the City Government. If a Councilman
shall cease to possess these qualifications or shall be convicted
of a felony, malfeasance in office, bribery, or other corrupt practice,
or of a misdemeanor involving moral turpitude, he shall forthwith
forfeit his office.
[Ord. No. 1639 §1, 1-2-1968; Ord. No. 2351 §1, 8-20-1979; Ord.
No. 2785 §1, 1-28-1986]
The compensation of each member of the Council shall be one
hundred seventy-five dollars ($175.00) per month. In addition, each
Councilman shall be reimbursed for any necessary and specifically
incurred expenses authorized by ordinance or resolution of the Council.
[Ord. No. 2351 §1, 8-20-1979]
Any vacancy on the Council with a period of one (1) year or
more remaining in the term of the vacant office shall be filled by
a special election scheduled by the remaining Council members at the
earliest possible date. A vacancy on the Council with less than one
(1) year remaining in the term of office shall be filled by a majority
of the remaining members of the Council. All vacancies so filled shall
be for the period of the unfilled term. Nothing shall prohibit the
Council from selecting one (1) of its own number to fill a vacancy
occurring in the office of Councilman-at-large serving as Vice President.
The Council shall determine by ordinance its own rules and order
of business. It shall keep a journal of its proceedings, which shall
be open to public inspection. It shall be the judge of the election
returns and of the qualifications of the Council members.
A majority of the entire Council shall constitute a quorum to
do business, but a smaller number may adjourn from day to day and
may compel the attendance of absent members in such manner and under
such penalties as the Council may provide.
Except as otherwise provided herein, any ordinance or resolution
shall be adopted by the affirmative vote of a majority of the entire
Council. The vote of each member on any question shall, at the request
of any member, be entered in the journal.
The vote of each member on the final passage of every ordinance
or resolution shall be recorded in the journal.
The Council shall meet regularly at such times as prescribed
by its rules, but not less frequently than once each month. All meetings
of the Council shall be open to the public.
[As amended, November 8, 1960; Ord. No. 1401 §1, 1-31-1963; Ord. No. 2785 §1, 1-28-1986]
The Mayor shall preside at all meetings of the Council and shall
be recognized as the official head of the City for legal and ceremonial
purposes and for all purposes of military law. He shall have the right
to vote upon all questions and matters coming before the Council but
shall have no veto power. The Councilman-at-large designated as Vice-President
shall serve as Mayor in the absence or temporary disability of the
Mayor. If a vacancy shall occur in the office of the Mayor, the Vice-President
shall act as Mayor until the next election, which shall be held at
the earliest possible date to fill such vacancy.
[Ord. No. 2351 §1, 8-20-1979]
In the transaction of legislative business, whenever the Council
shall act by ordinance, the following procedure shall be used: every
ordinance shall be by bill, which shall be in written or printed form,
and the enacting clause shall be "BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF BERKELEY". No bill, except those making appropriations
and those codifying or rearranging existing ordinances, shall relate
to more than one (1) subject, which subject shall be clearly expressed
in the title. Ordinances making appropriations shall be confined to
the subject matter of the appropriation. All bills shall be read three
(3) times before final passage, which readings may be by title only.
At the request of one (1) or more Councilmen a bill shall be read
in its entirety. Not more than two (2) readings shall be at the same
legislative session. At least six (6) calendar days shall elapse between
the introduction and final passage of any bill, except in the case
of an emergency bill, such bill shall be read in its entirety at least
one (1) time.
An ordinance may be passed as an emergency measure on the day
the bill is introduced, provided that it contains the statement that
an emergency exists and specifies distinctly the facts and reasons
constituting the emergency. No ordinance granting, enlarging, or affecting
any franchise shall be passed as an emergency measure. The emergency
procedure shall be restricted to bills concerning the immediate preservation
of public peace, health, property, safety, or morals. The affirmative
vote of at least five (5) members of the Council shall be required
to pass an emergency ordinance.
Every bill introduced shall be filed with the City Clerk on
the day of its first (1st) reading and shall remain on file in his
office for public inspection until it is finally adopted or fails
of passage. Prior to the final passage of any bill, other than an
emergency bill, all persons interested therein shall be given the
opportunity to be heard before the Council, in accordance with such
rules and regulations as the Council may adopt. After the third (3rd)
reading of any bill and after compliance with the other provisions
herein, the Council may finally pass the bill with or without amendment,
except that if it shall make an amendment which constitutes a change
in substance, the bill as amended shall be filed in the office of
the City Clerk for one (1) additional week, and an opportunity afforded
interested persons to be heard as hereinabove provided, after which
final action may be taken thereon.
An ordinance, when passed by the Council, shall be signed by
the Presiding Officer and attested by the City Clerk, and shall be
filed and thereafter preserved in the office of the City Clerk. Unless
otherwise specified, every ordinance shall become effective immediately
upon final passage.
[Subsection 36 added, November 8, 1960]
Without limitation of the powers conferred upon the City in Article I, Section 2, or by any other provision hereof, the Council shall have power by ordinance:
1.
To assess, levy and collect taxes for all general and specific purposes
on all subjects or objects of taxation; to provide for enforcing the
prompt payment thereof by any appropriate means; and to classify the
subjects and objects of taxation.
2.
To make and collect special assessments for public improvements,
and to provide for enforcing the prompt payment thereof by any appropriate
means.
3.
To make public improvements and acquire by condemnation or otherwise,
property within or without the corporate limits necessary for such
improvements.
4.
To adopt Police, fire prevention, safety, health, sanitary, and other
similar regulations and to provide for their enforcement.
5.
To expend the money of the City for all lawful purposes.
6.
To incur indebtedness for any purpose necessary to the exercise of
any power granted by this Charter or by the Constitution and laws
of the State of Missouri, by borrowing money or otherwise and to give
any appropriate security including negotiable bonds of the City in
evidence thereof.
7.
To exercise the power of eminent domain, including the power of excess
condemnation as authorized by the Constitution or by law, and to condemn
property, real or personal, or any easement or use therein for public
use within or without the City.
8.
To issue, sell, pledge, or in any manner dispose of negotiable or
non-negotiable, interest bearing or non-interest bearing bonds or
notes of the City, upon the credit of the City, or solely upon the
credit or specific property owned by the City, or solely upon the
credit of income derived from the property used in connection with
any public utility owned or operated by the City, or solely upon the
credit of the proceeds of special assessments for local improvements,
or upon any two (2) or more of such credits.
9.
To acquire, hold, provide for by contract or otherwise, construct,
operate, regulate, maintain and improve all kinds of public buildings,
structures, public market facilities, airports, off-street parking
facilities, public housing, hospitals, parks, playgrounds, golf courses,
swimming pools, and other recreational facilities, all other public
improvements, and any other property, real or personal, within or
without the City, for all such uses or purposes, or for any other
public or municipal use or purpose; to acquire, receive and hold any
estate or interest in any such property; and to sell, lease, mortgage,
pledge or otherwise dispose of the same or the products thereof.
10.
To acquire and receive by gift, bequest or devise all kinds of property,
real, personal, or mixed, or any estate or interest therein, within
or without the City, absolutely or in trust, for all public, charitable
or municipal uses or purposes; to perform all acts necessary to carry
out the purposes of such gifts, bequests or devises, with power to
manage, sell, lease or otherwise handle or dispose of such property,
in accordance with the terms of the gift, bequest or devise.
11.
To improve watercourses and regulate the use thereof.
12.
To extend or diminish the limits of the City by ordinance and to
consolidate with other cities, towns, and villages in the manner provided
by law.
13.
To provide for the collection and disposal of sewage, offal, ashes,
garbage and refuse, or to provide for licensing and regulating such
collection and disposal.
14.
To provide for the licensing and inspection of weights and measures;
and to provide for the inspection, testing, measuring and weighing
of any article offered for sale within the City for consumption or
use.
15.
To regulate the construction and materials of all buildings and structures
and inspect all buildings, lands, and places as to their condition
for health, cleanliness and safety; and when necessary, prevent the
use thereof and require any alterations or changes necessary to make
them healthful, clean and safe.
16.
To abolish or prevent grade crossings, and to provide for safe crossings
and compel any railroad or other transportation company or companies
affected thereby to pay all or part of the cost thereof.
17.
To establish, open, relocate, vacate, alter, widen, extend, grade,
improve, repair, construct, reconstruct, maintain, landscape, light,
sprinkle and clean public highways, streets, boulevards, roads, parkways,
sidewalks, alleys, parks, public grounds and squares, bridges, viaducts,
subways, tunnels and curbing; to regulate the use thereof and to establish
special benefit districts for the purpose of making such improvements.
18.
To do all things whatsoever necessary or expedient for promoting
and maintaining the comfort, education, morals, safety, peace, government,
health, welfare, trade, commerce, or industry of the City and its
inhabitants.
19.
To furnish all public services; to purchase, hire, lease, construct,
own, maintain, and operate public utilities; to dispose of the services
and products thereof; to acquire, by condemnation or otherwise, within
or without the corporate limits, property or any estate or interest
therein, necessary for any such purposes; to grant public utility
franchises and permits and regulate the exercise thereof.
20.
To define and prohibit, abate, suppress and prevent, or license and
regulate all arts, practice, conduct, business, occupations, callings,
trades, uses of property and all other things whatsoever detrimental
or liable to be detrimental to the health, morals, comfort, safety,
convenience or welfare of the inhabitants of the City, and all nuisances
and causes thereof.
21.
To contract and cooperate with other municipalities, counties, states,
special districts, the United States, or other governmental bodies,
singly or jointly, or in districts or associations, for promoting
or carrying out any of the powers and functions of the City, or for
the acquisition, construction, or operation of any property, equipment,
works, plants, or structures convenient or necessary for carrying
out any of the purposes or objects authorized by this Charter.
22.
To provide for the purchase by the City of property levied upon under
execution or process in favor of the City and of property sold for
delinquent taxes and assessments, and to sell and convey the same.
23.
To provide for the enumeration of the inhabitants of the City for
any purpose whatsoever.
24.
To provide for the clearance, replanning, reconstruction, redevelopment
and rehabilitation of blighted, sub-standard or unsanitary areas as
authorized by the State Constitution or by law.
25.
To control, regulate or prohibit the emission or discharge of dense
smoke, fumes, noxious gas, fly ash, dust, or other particulate matter.
26.
To direct, regulate and control the location and construction of
all poles, wires, conduits, subways, pipe mains, or other structures
or erections of all kinds in or under or over public streets, alleys,
highways, or places in the City.
27.
To establish, maintain and regulate zones throughout the City, and
to limit the use of property and the height, bulk, and character of
the buildings and structures to be erected or altered therein; to
regulate building lines, percentage of lot occupancy, and the area
of courts, lots, and other spaces therein, and to alter and change
such zones from time to time as may be expedient.
28.
To provide a comprehensive plan for the physical development of the
City and for the survey and study of the present condition and future
growth thereof.
29.
To regulate and control the location and operation of airports, airplane
landing sites and buildings, structures and other facilities used
in connection therewith.
30.
To establish curfew regulations.
31.
To establish pensions for Policemen and Firemen and such other City
employees as may be authorized by law.
32.
To authorize the expenditures of City funds for the coverage of employees
of the City under Old Age and Survivors Insurance and Workmen's
Compensation.
33.
To license, tax and regulate all businesses, occupations, professions,
vocations, activities or things whatsoever set forth and enumerated
by the laws of Missouri now or hereafter applicable to constitutional
Charter Cities or Cities of the First, Second, Third, or Fourth Class,
or any population group, and which any such Cities are now or may
hereafter be permitted by law to license, tax, and regulate. Such
power to license, tax, and regulate shall include but shall not be
limited to the following:
a.
All occupations for fee, salary, wage, retainer, stipend, or commission,
whether a profession, art, craft, trade, skill or service.
b.
All wholesale or retail businesses buying, selling or processing
food, clothing, furniture, drugs, medicines, cosmetics, furnishings,
motor vehicles, household goods, hardware, textiles, plastic materials,
metal, paper, wood or rubber products, ice, fuel, gasoline, oil, tobacco
in any form, beverages of every kind, jewelry, books, magazines, musical
instruments, radios, television sets, electrical, gas and oil appliances,
construction materials, produce, livestock, poultry, dairy products,
plants, shrubs, coal, real estate, feed and grain, boats, or any other
property.
c.
All private and common carriers engaged in the transportation of
passengers or freight by air, bus, truck, train, automobile, or by
any other means.
d.
All manufacturing establishments making or processing ceramics, chemicals,
metals, textiles, rubber, plastics, fibers, paper, wood, grains, rock,
minerals, stone, nuclear products, airplanes or airplane products
of all kinds, natural gas, petroleum or petroleum products, coal,
ice, coke, cement, clay, oils, fats, waxes, glues, surface coatings,
paints, detergents, hair, hides, material of animal or marine origin,
explosives, building products of all kinds, motor vehicles, medical
and surgical supplies, coin-operated devices, or any other goods or
products.
e.
All cleaning and pressing establishments, tailors, barber or beauty
shops, abstractors, accountants, banks, finance, loan or trust companies,
itinerant vendors, junk dealers, laundries, car washing establishments,
locksmiths, machine shops, public utility companies, surveyors, taxicab
operators, undertakers, upholsterers, bondsmen, brokers of whatever
class or character including, but not limited to insurance, investment,
bonding, grain, real estate and loan brokers.
f.
All businesses for amusement or entertainment, all devices, structures,
fields and properties for amusement, entertainment, contests or exhibitions
including but not limited to pool and billiard halls and parlors,
bowling alleys, pin ball machines, juke boxes, shooting galleries,
swimming pools, golf courses and driving ranges, all coin-operated
devices, dance halls, carnivals, and theaters.
g.
Private schools of every kind operated for profit, nursing homes,
hotels, motels, tourist camps, boarding and lodging houses, kennels,
and stables.
h.
Contractors and subcontractors for the construction, alteration,
or performance of any facility, structure, machine, plant or service,
including but not limited to carpentry, plumbing, cement work, brick
work, electrical work, flooring, excavating and grading, painting
and interior decorating, plastering, tuckpointing, ventilation, glazing,
stone work, tile work, roofing, tin work, heating, and all other improvements
on real property; and those engaged in the sale of products in connection
therewith.
i.
And a separate license tax may be imposed for each place of business
conducted or maintained by the same person, firm, or corporation.
34.
To enforce any ordinance, rule or regulation by means of fines, forfeitures,
penalties, and imprisonment, or by action or proceedings in the Municipal
Court or in any other court of competent jurisdiction, or by any one
(1) or more of such means, and to impose costs and provide for probation
and parole in proper cases.
35.
To enact, adopt and enforce all ordinances, rules and regulations;
and to do all things and exercise all governmental and municipal authority
necessary, needful and convenient for the complete exercise of all
powers enumerated in this Charter.
36.
To enact ordinances incorporating by reference model codes and model
ordinances.
The City is hereby divided into five (5) Wards bounded and numbered
as at the time of adoption of this Charter.
Within sixty (60) days after the municipal election of 1961,
and after each such election every tenth (10th) year thereafter, the
President of the Council shall appoint, with the approval of the Council,
a Redistricting Commission, consisting of five (5) registered voters
of the City, one (1) from each Ward, who have been residents of the
City for at least three (3) years immediately prior to their appointment,
and who shall not be officers or employees of the City. The Commission
shall ascertain whether the Wards contain approximately equal numbers
of residents and shall, if it finds substantial inequalities, proceed
to change the Ward boundaries to equalize as nearly as possible the
number of residents of each Ward. Each of such Wards shall be composed
of contiguous territory as compact as may be. The Commission shall
file with the City Clerk a full statement setting forth the changes
in boundaries if any are made, the number of residents in each Ward,
and other facts and reasons pertinent to its action. No statement
shall be valid unless approved and signed by at least three (3) members
of the Commission. After the statement is filed, district Councilmen
shall be elected at future municipal elections according to such Wards
until further redistricting is made as herein provided. Such statement
shall be filed within six (6) months after the date of appointment
of the Commission.
Within three (3) years after the adoption of this Charter, all
ordinances of the City of a general and permanent nature shall be
revised and codified, and a system of continuous numbering and revision
shall be established and maintained thereafter in accordance with
provisions to be prescribed by ordinance. Such revision and codification
shall be instituted by the first (1st) Council elected under this
Charter.
The Council shall appoint a City Clerk who shall hold office
at the pleasure of the Council and who shall receive compensation
as fixed by the Council. The City Clerk shall keep the journal of
all proceedings of the Council, authenticate by his signature and
record all ordinances and resolutions, and perform such other duties
as are required by this Charter or by ordinance.
