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ORDIN,ANCE NO; 427.J
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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:
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"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
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OII\.l.~o', office, shall continue to hold the same unless removed for cause by
the City Council.
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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
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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
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4th: To superintend the construction and operation of all
public works within the City and all Public Utilities owned by the
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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
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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.
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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
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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)
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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
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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.
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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
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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
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~~~O)~'such decision shall not affect the validity of the remaining pootions
of this Ordinance. The People of the City of Arcadia hereby declare
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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
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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
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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.
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, 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
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ABSENT: None
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Signed and approved this 27th day of
February
,1940.
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ATTEST:
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City Clerk.
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