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CITY Or-SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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~ouncilrnan F.J. Curlin, Second Ward
Subject: City Charter, Section 36 - Mayor to
Preside - Absence of Mayor
Dept: Council Office
Date: May 8, 1995
SynopSis of Previous Council action:
"M1'- I t;>"'.T,:".:
~:;.,. Cf. 1 (;
Recommended motion:
Discuss and take possible action relative to City Charter Section 36
Mayor to preside - absence of Mayor.
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Signature
Contact person:
Councilman F.J. Curlin
Phone:
5222
Supporting data attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
:ouncil Notes: ~.Q.U.L~'\V.~ -5"- /:;-'1f;", k_ #-3'
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CHARTER
own proceedings; to compel the attendance of witnesses and
absent members; the production of papers in any matters under
investigation; to judge of the qualification and election of its
own members; to punish any member by a fme not eXceeding
fifty d01lars (S50.00) for disorderly or contemptuous behavior
in. its presence; and may expel a member or any city officer
appointed by the Mayor and Common Council for continued
neglect of his duty, or the willful violation of any penal law , or
any provision of this Charter; but in every case the member or
officer accused, if holding office for a defmite term sha11 be
entitled to have written charges preferred and be heard in his
own behalf.
The Ayes and Noes sha11 be taken and entered in the
Jouma1 of its proceedings at the request of any member and
must be so taken and entered upon the passage of all
Ordinances and Resolutions, and in matters concerning .the
granting of franchises, malcing of contracts, allowing bills,
ordering work to be done, or supplies to be furnished, disposing
of City property, or any act that may involve the payment of
money or the incurring of a debt against the City.
Section 35. Meetings - TIlDe of - Adjournments. All
meetings of the Common Council shall be public, and the
regular meetings sha11 be held on the fust and third Mondays
in each month, unless such days be a legal holiday, when the
meeting sha11 be held on the follOwing day. Adjournments may
be taken from a meeting to a day certain, and in such case the
adjourned meeting shall be deemed an adjourned regular
meeting.
#---- Section 36. Mayor to preside - Absence of Mayor. The
Mayor shall preside at all meetings of the Common Council,
but shall not be entitled to vote. In the absence of the Mayor,
the Common Council, may choose one of their own number to
preside who shall retain the right to vote upon all questions
under consideration, and shall have the same power to
disapprove any order made by the Common Council, and with
like effect as the Mayor would have had if present at this
meeting.
In case of vacancy, or if by reason of absence from the City,
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CHARTER
or siclcness, or from any other cause, - the Mayor is unable to
perform the duties of his office, the Common Council shall
appoint one of their own number-Mayor pro-tempore who shall
have all powers and authority which the Mayor would have
POSSessed if personally present and attending to such duties,
but such Mayor pro-tempore shall not lose his vote as
councilman.
Subjects of Legislation
Section 40. Powen of Mayor and Common Council. The
Mayor and Common Council of the City of San Bernardino,
hereafter refelTed to as Council, shall have the fOllOwing
enumerated powers.
Ca) Purchase and Sale of Property. Council shall have power
to purchaSe, lease, receive and hold real and personal property
within or without the city limits, and to control, sell and
dispose of the same for the common benefit; provided that
the sale or disposal of real property which is appraised at a
value in excess of $2,000 shall be approved by a fivHeYenths
CSn) vote of the Council and shall be SUbject to competitive
bidding and no bid shall be awarded for a sum less than the
minimum price approved in a resolution of the Council which
provides for the notice inviting bids.
(b) Police and Sanitary Regu)ations. Council shall have
power to malce and enforce all such local, police, sanitary and
other regulations, as pertain to municipal affairs, and for this
purpose may defme misdemeanors committed within the
city limits or on lands under the jurisdiction of the City, and
provide penalties and punishment therefor; although the offense
constituting the misdemeanor be also a violation of the penal
laws of the State.
Cc) Nuisances. Council shall have power to defme nuisances
and provide for their removal.
Cd) License Tax. Council shall have power to license for
purposes of regulation and revenue all and every kind of
business, occupations, shows, exhibitions, and lawful games
c:anied on in the City and to fix the rate of license tax thereon.
Ce) Taxes. Council shall have power to levy and collect_
taxes.
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