All ordinances, regulations and resolutions in force at the
time this Charter takes effect which are not inconsistent with the
provisions of this Charter, shall remain and be in force until altered,
modified, or repealed by the Council.
If any provision of this Charter be held unconstitutional or
void, the validity, force or effect of any other provision shall not
be affected thereby.
Before entering upon the duties of his office, every elective
and appointive officer of the City, and such other employees as prescribed
by ordinance, shall take, subscribe and file with the City Clerk,
an oath or affirmation that he possesses all the qualifications prescribed
by this Charter for the office to which he is chosen, that he will
support the Constitution and laws of the United States and of the
State of Missouri, and the Charter and ordinances of the City of Berkeley,
and that he will faithfully perform and discharge the duties of his
office.
The City Clerk or any member of the Council may administer oaths
or affirmations in any matter pertaining to the affairs and government
of the City.
All rights of action, contracts, titles, fines, penalties, and
forfeitures accrued to and in favor of the City or against the City
before this Charter takes effect, and all writs, prosecutions, actions,
and causes of action pending at the time this Charter takes effect,
shall remain in existence in full force and effect as fully in every
respect as if this Charter had not taken effect.
All contracts entered into by the City or for its benefit prior
to the taking effect of this Charter, shall continue in full force
and effect. All taxes and assessments levied or assessed and all other
obligations owing to the City which are uncollected at the time this
Charter becomes effective shall continue in full force and effect
and shall be collected as if no change had been made. Public improvements
for which legislative steps under existing laws and ordinances had
been taken prior to the time this Charter takes effect may be carried
to completion in accordance with the provisions of such laws and ordinances.
All proceedings for the condemnation of property, or in the
exercise of the right of eminent domain, shall be in accordance with
the laws of the State now or hereafter applicable to Cities of the
Third Class, or with such laws as may be provided for Constitutional
Charter Cities.
Throughout this Charter, the general use of the masculine pronoun
is understood to apply to either sex.
No officer or employee of the City shall have a financial interest,
direct or indirect, in any contract with the City, or be financially
interested, directly or indirectly, in the sale to the City of any
land, materials, supplies, or services, except on behalf of the City
as an officer or employee. Any willful violations of this Section
with the knowledge, actual or constructive, of the person or corporation
contracting with the City, shall render the contract involved voidable
by the City, and the officer or employee so violating this Section
shall thereby forfeit his office or employment and shall be subject
to such additional penalties as may be provided by ordinance.
[Added, November 8, 1960; Ord. No. 3153 §1, 1-28-1991]
Destruction of City records shall be in accordance with the
laws of the State of Missouri.
[Added, November 8, 1960]
No action shall be maintained against the City for or on account
of any injury or damages growing out of alleged negligence of the
City unless notice shall first have been given in writing to the City
Manager within ninety (90) days of the occurrence for which damages
are claimed, stating the place, time, character, and circumstances
of the damages and injuries and that person so injured or damaged
shall claim damages from the City.
