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Ordinance No. 19ORDINANCE NO 19 AN ORDINANCE OF THE CITY OF DAIRY CITY CHEATING AND ESTABLISHING A CITY MANAGER FORM OF GOVERNMENT FOR SAID CITY AND DEFINING THE AUTHORITY, POWER AND DUTIES OF THE CITY MANAGER The City Council of the City of Dairy City does ordain as follows Section 1, OFFICE OF CITY MANAGER CREATED The Office of the City Manaer of the City of Dairy City is hereby created and established The City Manager shall be appointed by the City Council solely on the basis of his executive and administrative qualifications and ability and shall hold office at and during the pleasure of the City Council Section 2 ELIGIBILITY Residence in the City of Dairy City at the time of ap- pointment shall not be required as a condition of appointment No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as City Manager of the City of D._iry City until one year has elapsed after he has ceased to be a member of the City Council Section 3. ABSENCE In case of the absence or disability of the City Manager, the City Council may designate some duly qualified person to perform the duties of the City Manager during the period of ab- sence or disability of said City Manager subject, however, to said person furnishing a corporate surety bond and conditioned on faithful performance of the duties required to be performed, Section 4 COMPENSATION The City Manager of the City of Dairy City shall receive -1- Ordinance No 19 such compensation as the City Council shall from time to time determine and fix, and said compensation shall be a proper charge against funds of the City and the City Council shall designate such fund. Section 5 POWERS AND DUTIES The City Manager shall be the administrative head of the City Government under the direction and control of the City Council, except as otherwise provided in this ordinance. Unless otherwise authorized by law, no person, other than the Mayor or City Manager, has authority to act on behalf of, or represent, the City The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under his control In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the power 1 To see that the laws of the State of California pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, permits, and privi- leges granted by the City are faithfully observed, 2. To control, order and give directions to all heads of departments, subordinate officers and employees of the City, except the City Clerk, the City Attorney and the City Treasurer, and to transfer employees from one department to another, and to consolidate or combine officers, positions, departments or units under his direction 3. To appoint, promote, discipline, demote and remove any officers and employees of the City, except the City Clerk, City Attorney and the City Treasurer 4. To exercis control over and to supervise in general all departments and divisions of the City Government and all appointive officers and employees thereof except the City Clerk, -2- Ordinance No 19 City Attorney and the City Treasurer. 5 To attend all meetings of the City Council and its committees unless excused therefrom by the City Council, except when his removal is under consideration by the City Council. 6. To recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient 7 To keep the City Council at all times fully advised as to the financial conditions and needs of the City 8 To prepare and submit to the City Council the annual budget and to administer it after adoption 9. To purchase or cause to be purchased all supplies for all of the departments or divisions of the City. 10. To make investigations into the affairs of the City and any department or division thereof, and any contract or the proper performance of any obligation running to the City 11 To investigate all complaints in relation to matters concerning the administration of the government of the City and in regard to the service maintained by public utilities in the City, and to see that all franchises, permits and privileges granted by the City are faithfully observed. 12 To exercise general supervision over all public build- ings, public parks, streets, and other public property which are under the control and jurisdiction of the City Council and not specifically delegated to a particular board or officer 13, To devote his time as required by the duties and in- terest of the City. 14, To make reports and recommendations as may be desirable or as requested by the City Council 15 To serve in any appointed office or head of department within the City Government to which he may be qualified when ap- pointed thereto by the City Council and to hold and perform the duties thereof at the pleasure of the City Council -3- Ordinance No. 19 16 To provide leadership for civic movements designed to benefit the residents of the City when so authorized by the City Council. 17, To receive all communications, complaints, and other incoming City business matters and communications. 18 To perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution of the City Council. Section 6. OFFICIAL DOCUI%TENTS All documents, orders, and communications executed on be- half of the City shall bear the signature of either the Mayor or the City Manager, or both, unless the City Council has officially authorized some other person to execute said document, order, or communication on behalf of the City Section 7. EX OFFICIO MEMBER OF BOARDS AND COMMISSIONS The City ?:. eager shall be an ex officio member of all boards and commissions appointed by the Mayor or the City Council pur- suant to law, with a right to participate in all deliberations or actions by his voice but without vote Section 8. DUTY OF OTHER OFFICERS Unless some other person is specifically authorized by the Council, the Mayor, or the City Manager, all transactions by, or on behalf of, the City shall be carried on by the Mayor or the City Manager It shall be the duty of all subordinate officers, including the City Clerk, the City Treasurer, and the City At- torneys, to cooperate with and assist the City Manager in adminis- tering the affairs of the City most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and the ordinances of the City of Dairy City. -4- Ordinance No 19 Section 9. ORnE$S AND DIRECTIONS The City Council and its members shall deal with the ad- ministrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give orders to any subordinates of the City Manager Section 10 REMOVAL The removal of the City Manager shall be only on a majority vote of the whole Council (Subject, however, to the provisions of the next succeeding section.) In case of his intended removal by the Council, the City Manager shall be furnished with a written notice stating the Council's intention to remove him and the reasons therefore at least thirty days before the effective date of his removal. Within seven days after delivery to the City Manager of such notice, he may, by written notification to the City Clerk, request a public hearing before the Council. Thereafter, the Council shall fix a time for the public hearing, which shall be held at its usual meeting place, but before the expiration of the thirty - day period, and at which time the City Manager shall appear and be heard.. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by resolution of the Council passed subsequent to the aforesaid public hearing. In removing the City Manager, the City Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to publicly present to the City Council his grounds of opposition to removal prior to its action -5-- Ordinance No. 19 Section 11 REMOVAL AFT} R MUNICIPAL ELECTION Notwithstanding the provisions of the ordinance hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding any general municipal election held in said City at which said election a member of the City Council is elected The purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his office After the expiration of said ninety (90) day period aforementioned, the provisions of the preceding section as to the removal of the said City Manager shall apply and be effective. Section 12 CONSTITUTIONALITY If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, sub- section, sentence, clause and phrase thereof irrespective of the fact that any one or m're sections, subsections, sentence, clauses, or phrases be declared invalid Section 13. This Ordinance shall take effect thirty (30) days from and after the date of its final adoption. Section 14 CERTIFICATION The Clerk of the Council shall certify to the passage of this Ordinance and shall cause the same to be posted in the -6- Ordinance '<o 19 manner provided by law PASSEll AND ADOPTED by the City Council of the City of Dairy City at its regular meeting held on the 13th day of May , 1957 ATTEST Martin Olsthoorn, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF DAIRY CITY ) 9417 (27ik/7- Ja'ob Van Dyke, Mayor I, Martin Olsthoorn, do hereby certify that I am the Clerk of the Council of the City of Dairy City, California, that the foregoing Ordinance was regularly introduced at the regular meeting of said Council held on the 8th day of April 1957, and was again reconsidered by said Council at its regular meeting held on the 13th day of May , 1957, and was at said second meeting regularly passed and adopted by said Council by the following roll call vote• AYES Councilmen Arnold, Arrowood, Baroldi, Van Dyke, and Van Leeuwen NOES: None ABSENT None -7W Ordinance No. 19 Martin Olsthoorn, City Clerk