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HomeMy WebLinkAbout0427 ORDIN,ANCE NO; 427.J I v, ,Lt,.-/. . .".. .i _ .. "j 2. Ih'f. ~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA PROPOSING THE ENACTMENT BY THE ELECTORS OF THE CITY OF ARCADIA OF AN ORDINP~CE CREATING AND ESTABLISHING' THE OFFICE OF CITY h~N~GER OF THE CITY OF ARCADIA, DEFINING HIS PO':i::<:RS, FRZSCRIBING HIS DUTIES, FIXING HIS COMPENSATION IN A SUM llOT LESS THAN FIVE THOUSAND DOLLARS PER ANNUM, PROVIDING FOR THE APPOINTMENT BY HIM OF A SECRETARY OR SECRE:TARIES AT SUCH COMPENSATION AS MAY BE FIXED BY THE CITY COUNCIL, AND SUBMITTING TIill SAID PROPOSED ORDINANCE TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA AT THE GENERAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD 011 'J'HE 9TH DAY OF APRIL, 1940. ' THE CITY COm~CIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLO:'iS: . SECTION I. The City Council of the City of Arcadia, deeming it expedient, hereby submits to the qualified electors of the City of Arcadia for enactment, an Ordinance creating and establishing the office of City Manager, which said Ordinance is as follows, to-wit: \'.A\.':.I) "~I' u\lll,\l1lo "AN ORDIHANCE OF THE PEOPLE OF THE CITY OF ARCADIA CREATING AND ES1'ABLISHING THE OFFICE OF CITY' MANAGER OF THE CITY OF ARCADIA, DEFINING HIS POWERS, PRESCRIBING HIS DUTIES, FIXING HIS COMPEN- SATION, AND REPEALING ALL ORDINANCES IN CONFLICT TIffiRE~ITH. THE PEOPLE OF THE CITY OF ARCADIA DO ORDAIN AS FOLLOWS: SECTION 1. There is hereby created and established the office of ,City Manager of the City of Arcadia. SECTION 2~ The City Manager shall be appointed by the City Council of said City of Arcadia, and upon his qualifying and taking his oath of _o(~\.",1) II'" OII\.l.~o', office, shall continue to hold the same unless removed for cause by the City Council. , ..~I'..~\." \\" .." 9'/SJ:>"" SECTION 3. The City Manager shall devote his entire time to the interests of said City and shall have the powers and perform the duties herein,prescribed and which are hereby enumerated as follows: 1st: To attend all meetings'of the City Council, unless excused by the Mayor of said City; and to recommend to the said Council for adoption, such measures, Ordinances and Resolutions as he may deem necessary or expedient to promote the best interests of the City, and to keep the City Council fully advised as to the financial con- dition and.. needs of the City. 2nd: He shall maintain an office, to be provided by the City Council and at the eXfcense of said City, and shall keep the same open during all business hours, and shall receive, open and consider all correspondence and communications' sent to or directed to the -1- aLe./. ?I~ P City Council. ,He shall place before the Council all such correspondence and communications at the next regular meeting thereof, after receiving the same ,and shall report to the Council the result of such investi'7,ations as he shall have'made concerning such correspondence or communications, and recommend to the Council the disposition of the same. 3rd: Prepare and submit to the City Council prior to the 30t~ day of June of each year detailed budget estimates for the ensuing ul~l\.O \\~I OR~.~o. fiscal.year~ 4th: To superintend the construction and operation of all public works within the City and all Public Utilities owned by the 'l~1;.~l\.O \\ \\010 oR\)' :1.ll;.7- ~i~ J\\O. \., ,', ~ .4'" ~v..j), \~, : -, '. '.' City. 5th: He shall supervise and control the inspection of all buildings and of all plumbing and electrical work and the issuance of allperm~ts for the same. 6th: He shall be the purchasing agent of the City. It shall be his duty to make all purcbases for and. in behalf of tbe City upon requisitions presented and approved in accordance with the provisions of this Ordinance. Provided, that in those cases where the laws of this State require that sealed proposals be called for by the Council, the City Manager shall Jay before the Council such information as may assist the Council in accepting or rejecting such proposals. 7th: He shall superintend the construction and installation of all water, sewer, lightiIig and power systems that may be here- after constructed or installed by said City, and after their con- struction and installation, he shall have the general management, supervision and control of the same. 8th: He shall supervise and control the police and fire systems of said City, and he shall see that they are kept in good order and repair' at all times. 9th: He shall see that the provisions of all franchises, permits, land leases and privileges granted by the City are fully observed, and report to the City Council any violation thereof. 10th: Supervise all departments of the City Government and to -2- /?A/'J </$"') 1\ i:.n..AL..tU ORIl. No, .., ~n.....l1 ORIl, 110. '~j'\~EO uHIl. tlG. .......,Lt~ ;,,0. \'lo. C/.' I ~. \'1-1' .~ 'Q~~ ~~;;~ "' , " ~~.;;~. investi~ate at any time their affairs. 11th: He shall.examine or cause to be, examined, without notice, the conduct of any officer or employee of the City, and report to the City Council any delinquency of any such employee. 12th: He shall see that all. Ordinances of the City are enforced. 13th: He' shall appoint all officers, heads of departments, and all deputies, assistants and employees in the several depar~~~nts, divisions and offices, arid shall have the power to remove the same for cause; provided however" that he shall not have the authority to appoint or remove any deputy or deputies of the City Clerk or of the City Treasurer for whose acts said City Clerk and City Treasurer and their respective bondsmen are responsible; provided further that said authority shall not extend to the'City Attorney, who shall be appointed by 'the City Council; provided further that.his authority to appoint or remove any officer or employee who now is or hereafter may be employed under a competitive service or civil service plan shall be limited to such procedure for such appointment or removal as now is or hereafter may be adopted by Ordinance creating and establishing such. competiti ve .service or civil service plan. 14th: He may appoint a secretary or secretaries, for whose acts he and his bondsmen shall be responsible; such secretary or secretaries shall hold office at his pleasure, and shall receive such compensation as may be provided by the City Council . 15th: He shall coordinate and administer the various functions of the City for 'the purpose of eliminating duplication of system and labor, 'and secure maximum efficiency in the performance of municipal functions. 16th: Perform such other duties as may be imposed on him by Ordinance or Resolution of the City Council. SECTION 4. No officer or emplOYee shall incur any indebtedness on behalf of said City,' uniliess the power to do so has been expressly conferred upon such officer by the laws of this State, except upon a requisition signed by the City Manager. No claim shall be audited or allowed by the Council which is not approved by the City Manager. -3- OAI!'JI ~ , ,,~~t.~lt.\l ORO, No. SECTION 5. The City Manager shall before taking office file with the City Clerk a bond, with a surety company authorized to issue such bonds by the state of California as, surety thereon, in the penal sum of TEN ~HOUSAND ($10,000.00) DOLh~RS, conditioned upon the true, honest and faithful performance of the duties of his office. Said bond premium to be paid by the City of Arcadia. SECTION 6. In case of absence, from the City, sickness, or other \l disability of the City Manager to act, the City Council, by ',' ut.~\..t. ,\tJ O!\\}.lIo, Re'solution, may designate some other officer of the City to perform his duties during such absence, sickness or disability. SECTION 7.' As compensation fdr his services, the City Manager shall receive such sum per month as, the said City Council may hereafter fix and determine by Resolution, provided that such compensation shall be at the rate of not'less than FIVE THOUSAND ($5,000.00) ~t.~t.r.\.~t _df), \'~ ,r' _ l' it.' :t.~. .\... ,'- .r' ' ......\. i~' . " , ~ ~}. . " DOLLARS per annum; said compensation shall be, payable monthly in the same'manner and at the same time and out of the same fund as the salaries of other officer~ of said City are paid. SECTION 8. Upon the appointment of the. City Manager the terms of the other subordinate 'officers of the City who are subject to his appointment and removal, as provided in p'aragraph 13th of Section 3 of this Ordinance, shall cease unless they be reappointed by the City Manager. SECTION 9. All other Ordinances, orparts of Ordinances, in conflict with this Ordinance are hereby modified or repealed as the case may vequire in order that this Otdinance may be in effect. SECTION 10. It shall be competent for the City Council to instruct the City Manager in all matters of policy, and the City Manager shall be appointed and his compensation ,shall be fixed only at a regular meeting of the City Council, and upon the affirmative vote of not . City less than three ( 3) members of the/counCil, and the affirmatt ve vote of not less than three (3) 'members of the City Council shall be required to remove the City Manager, and he shall be removed only upon good cause duly shown, and a record made thereof. -4- 12(,.,..171.<";/ SECTION 11. Any and all acts of the City Manager under this Ordinance rli:.rcp ,shall be subject to the approval and control of the Council. The O\\\)o IIQ' Council shall have the',power to correct or set aside any action taken by the City Manager under this Ordinance. SECTION 12. If any section, subsection, subdivision, sentence, clAuse or phrase of this Ordinance is for any reason held to be unconstitutional ~I:.~\.\.\) , ~~~O)~'such decision shall not affect the validity of the remaining pootions of this Ordinance. The People of the City of Arcadia hereby declare ,they,' " that .:1it1 would have passed this Ordinance and each section, clause or ~hrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. _~\.\-\l SECTION 13. This Ordinance, upon its adoption by a majority vote \l\\'il.\\Q. of the electors of the City of Arcadia at, the General Municipal Election in said City on April 9, 1940, sh~ll go into full force and effect on the tenth day from and after the returns of said election are canvassed and declared as at other municipal elections. Thereupon the City ~\.) Council shall within sixty (60) days thereafter, appoint a City ,l\- Manager who need 'not be a resident of the City at the time of his appointment." SECTION II. The said proposed Ordinance of the People of the City of Arcadia, shall for the purpose of being voted thereon be submitted to the qualified voters of said City at the general municipal election to be held in said City on the 9th day of April, 1940. SECTION III. , ,The City Clerk shall cause the said proposed Ordinance to be printed. He shall mail a copy thereof" enclosed in an envelope vdth a s~~ple ballot, to each voter at least ten days prior to said election. SECTION IV. This Ordinance is hereby declared to be one relating to an election and as such' is within the provisions of Section 861 of the Municipal Corporations Act of the State of California, statutes 1883, page 93, as amended. -5- O~d .Lj::z? , SECTION V. The .CityClerk shall certify to the adoption of this Ordinance and 'shall cause the same to be published once in, the Arcadia Tribune and News, a newspaper of general circulatiori, published and circulated in the ,City of Arcadia, and thereupon the same shall take e~fect and be in force. I hereby certify that the foregoing Ordinance Vias adopted at regularly adjourned a ~ meeting of the City Council of the City of Arcadia, held on the 27th day of February . ,1940, by the affirmative vote of at least four Councilmen, to-wit: AYES: Councilmen, Bolz, Griffitts, Leeper,&Perkina." NOES: Councilman Walter .........: ABSENT: None ~~ - City Signed and approved this 27th day of February ,1940. ~~- ATTEST: ~~ City Clerk. ,. . ~ .' 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