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HomeMy WebLinkAboutOrdinance 087 ORDINANCE NO. 87 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCA- DERO AMENDING CHAPTER 2 OF TITLE 1 OF THE ATASCADERO MUNICIPAL CODE BY AMENDING SUBSECTION (Z) OF SECTION 1-2.12 AND ADDING SECTION- 1-2.12.1 TO PROVIDE THAT NO MANDATORY DUTY IS IMPOSED UPON THE CITY, COUNCIL, OR ANY BOARD, COMMISSION, OFFICER, AGENT, OR EMPLOYEE OF THE CITY. The Council of the City of Atascadero does ordain as follows: Section 1. Subsection (z) of section 1-2.12 of the Atascadero Municipal Code is amended to read as follows: (z) "Must" and "shall" are each mandatory except in reference to acts or omissions of the City, Councilf or any board, commission, officer, agent, or employee of the City while acting in the course and scope of their duties or employment. Within this exception "must" and "shall" are directory only. Section 2. Section 1-2.12.1 is added the Atascadero Municipal Code to read as follows: Seg. 1-2,12.1. No Mandatory Duty. Notwithstanding any other provision of the law, no City ordinance, resolution, policy, rule, or regulation with the force of law presently in effect, or hereafter adopted or enacted, will impose a mandatory duty upon the City, Council, or any board, commission, officer, agent, or employee of the City while acting in the course and scope of their duties or employment. Section 3. The City Clerk shall cause this ordinance to be pub- lished once within fifteen (15) days after its passage in the Atasca- dero News, a newspaper of general circulation, printed, published and circulated in this City in accordance with Government Code section 36933; shall certify the adoption of this ordinance; and shall cause this ordinance and its certification to be entered in the Book of Ordinances of this City. Sectigg 4. This ordinance shall go into effect and be in full force and effect at 12:01 A.M. on the thirty-first (31st) day after its passage, but shall apply retroactively to include the service of any Council member commencing with the commencement of the fiscal year on July 1, 1984. The foregoing ordinance was introduced on 10-8-84 and adopted at a regular meeting of the City Council held onjo 22-R4 AG:fr/9/7/84 ORDINANCE NO. 87 Page 2 AYES: Councilwoman Norris and Mackey, Councilman Molina and Handshy and Mayor Nelson NOES: None ABSENT: None caqe- fs�'e ROLFE D. NEALSONj, Mayor ATTES 4t-ORGIA RAWEZ, sting City erk APPROVED AS TO F s w ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: l RALPH H. DOWELL, JR. , Acting City Manager