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Section 38. The Council, the governing body. Section 39. President and Vice-President. Section 40. Meetings of Council. Section 41. Meetings to be public. Section 42. Quorum. Section 43. Rules of proceeding. Section 44. Ordinances, resolutions and motions. Section 45. (repealed) Section 46. Publication of Charter and ordinances. Section 38. The Council, the governing body. 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 Charter, shall be vested with all powers of legislation in municipal affairs adequate to a complete system of local government consistent with the Constitution of the State. Section 39. President and Vice-President. The Mayor shall be President of the Council and shall preside at its meetings when present. The Council shall elect one of its number to be Vice-President. Section 40. Meetings of Council. The Council shall provide for the time and place of holding its meetings and the manner in which its special meetings may be called. Section 41. Meetings to be public. All legislative sessions of the Council, whether regular or special, shall be open to the public. A majority of the members of the Council shall constitute a quorum for the transaction of business. Section 43. Rules of proceeding. The Council shall establish rules for its proceedings. Section 44. Ordinances, resolutions and motions. (1) Action by Council. The Council may act by ordinance, resolution or motion. (2) Ayes and noes. The ayes and noes shall be taken upon the passage of all ordinances, resolutions and motions and entered upon the journal of the proceedings of the Council. (3) Majority vote of Council. No ordinance, resolution or motion shall be passed or become effective without receiving the affirmative votes of at least five members of the Council. (4) Subject and title. Every ordinance or resolution, except an ordinance making appropriations, shall be confined to one subject, which shall be clearly expressed in the title, and every ordinance making appropriations shall be confined to the subject of appropriations. If any subject shall be embraced in an ordinance which shall not be expressed in its title, such ordinance shall be void only as to so much thereof as shall not be expressed in its title. (5) Enacting clause of ordinances. 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:". (6) Requirements of an ordinance. To constitute an ordinance a bill must before final action thereon be publicized as provided in Article III Section 5(2) with the ayes and noes for two days, and, in case of any amendment being made thereto before the final adoption of the ordinance, must in like manner be republicized as amended for not less than one day. (7) Ordinance required in certain cases. No action providing for the 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. (8) Reconsideration. When any bill is put upon its final passage and fails to pass, and a motion is made to reconsider, the vote upon such motion shall not be taken except at a meeting of the Council held not less than one week after the meeting at which such motion was made. (9) Signing and attesting. All resolutions and ordinances shall be signed by the Mayor and attested by the City Clerk. (10) Revision and amendment. No ordinance shall be revised, re-enacted or amended 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 provided in this section for the adoption of ordinances. (11) Repeal. No ordinance nor section thereof shall be repealed except by ordinance adopted in the manner provided in this section. (12) (Repealed) (13) Record of City ordinances. 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 certificate, or the original ordinance, shall be prima facie evidence of the contents of the ordinance and of the due passage and publication of the same, and shall be admissible as such in any court or proceeding. Such records shall not be filed in any case, but shall be returned to the custody of the City Clerk. Nothing herein contained shall be construed to prevent the proof of the passage and publication of an ordinance in the usual way. Section 45. (Repealed) Section 46. Publication of Charter and ordinances. 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 provisions of the Constitution and laws of the State as the Council may deem expedient, to be published in book form. City of Berkeley Home /
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