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Section 109. When this Charter takes effect. Sections 110 and 111. (repealed) Section 112. Existing ordinances continued in force. Section 113. Conduct of legal proceedings. Section 114. Violation of Charter and ordinances. Section 115. Municipal affairs. Section 116. (repealed) Section 117. Rights of existing bondholders. Section 118. Additional powers. Section 119. Personnel Board. Section 109. When this Charter takes effect. For the purpose of nominating candidates and electing Mayor, Auditor, Councilmembers 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. Sections 110 and 111.(Repealed) Section 112. Existing ordinances continued in force. 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and not inconsistent with the provisions thereof are hereby continued in force until the same shall be duly amended or repealed. Section 113. Conduct of legal proceedings. The City Attorney shall prosecute, in behalf of the people, all criminal cases arising from violations of the provisions of this Charter and the ordinances of the City, and shall attend to all suits and proceedings in which the City may be legally interested; provided, the Council shall have control of all litigation of the City and may employ other attorneys to take charge of any litigation or to assist the City Attorney therein. Section 114. Violation of Charter and ordinances. The violation of any provision of this Charter or of any ordinance of the City may be deemed a misdemeanor, and may be prosecuted by the authorities of the City in the name of the people of the State of California, or may be redressed by civil action, at the option of said authorities. Any person sentenced to imprisonment for the violation of a provision of this Charter or of an ordinance may be imprisoned in the City jail, or, if the Council by ordinance shall so prescribe, in the county jail of the county in which the City of Berkeley is situated, in which case the expense of such imprisonment shall be a charge in favor of such county against the City of Berkeley. Section 115. Municipal affairs. The City of Berkeley shall have the right and power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this Charter; provided, however, that nothing herein shall be construed to prevent or restrict the City from exercising or consenting to, and the City is hereby authorized to exercise any and all rights, powers and privileges heretofore or hereafter granted or prescribed by general laws of the State. Section 116. (Repealed) Section 117. Rights of existing bondholders. The City of Berkeley shall issue no bonds for the financing of off-street vehicular parking that in any way affect, alter or diminish the rights of bondholders who purchased municipal revenue bonds pursuant to City Council Resolution No. 35,324-N.S. Section 118. Additional powers. The City Council shall have the power to enact appropriate legislation and do and perform any and all other acts and things which may be necessary and proper to carry out any of the 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. The City Council shall have the power to establish a Personnel Board and to appoint the members thereof to serve without compensation, to administer a personnel system under rules and regulations to be made by the Council. Such Board 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 permanent, and for promotion on the basis of merit, experience and record. City of Berkeley Home /
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