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HomeMy WebLinkAboutOrdinance 048 0 ORDINANCE NO. 48 ' AN ORDINANCE OF THE CITY OF ATASCADERO ADDING CHAPTER 4 TO TITLE 2 OF THE ATASCADERO MUNICIPAL CODE ESTABLISHING ' THE OFFICE OF CITY CLERK. The Atascadero City Council ordains as follows: ' Section 1. Chapter 4 is added to Title 2 of the Atascadero Muni- cipal Code to read as follows: TITLE 2. ADMINISTRATION Chapter 4. Office of the City Clerk ' 2-4.101. Creation and Functions. The office of the City Clerk is hereby established as provided by Section 36501 of the Government Code of the State of California. The office shall be elected. The City Clerk shall have all of the ' powers, duties, and responsibilities granted to or imposed upon the office of the City Clerk by the provisions of Chapter 2 of Part 3 of Division 3 of Title 4 of the Government Code of the State (Sections 40801 and 40804) , other general laws of the State, the provisions of this Code, and the ordinances and resolutions of the Council; pro- vided, however , pursuant to the provisions of Section 40805.5 of the Government Code of the State, the financial and accounting duties im- posed upon the City Clerk by Section '40802 through 40805 of the Gov- ernment Code of the State shall be performed by the Finance Director and further provided that the ex officio assessor duties provided by Government Code Section 40810 shall be performed by County officers. The principal functions of the City Clerk shall be to: I (a) Be responsible for recording and maintaining a record of Council proceedings; 1 (b) Keep all ordinances and resolutions of the Council as re- quired by Sections 40806 and 40807 of the Government Code; ' (c) Assure that records of Council meetings and Council corres- pondence are kept in such a manner that the information con- tained onto ned therein will be readily accessible and open to the public until such time as any of the records may be de- stroyed, or reproduced and the original thereof destroyed, in accordance with State laws; ' (d) Be the custodian of the seal of the City pursuant to Govern- ment Code Section 40811; (e) Administer oaths or affirmations, take affidavits and deposi- tions pertaining to the affairs and business of the City, and certify copies of the official records pursuant to Government Code Section 40814; ib 61 Ordinance No. 48 - City Clerk (f) Conduct elections as required by law. (g) Be responsible for the publication of official notices of the City as required by Government Code Section 36933; ' (h) Receive all claims filed against the City and its officers, agents or employees pursuant to the provisions of the Govern- ment Code of the State, Section 915 et. seq. ; ' (i) Receive documents addressed to the City Clerk or City Council and immediately forward a copy of each to the City Manager for presentation to the City Council in due course. The ori- ginal of each document shall remain with the City Clerk; (j) Assure that all documents received by the City Clerk are pro- vided to the City Manager in sufficient time for that office to prepare and distribute City Council agenda; ' (k) Assist the City Manager, as requested, in the preparation of the City Council agenda or such other agenda as may from time to time be required; ' (1) Assure compliance with directives, administrative procedures or policies as may be determined by the City Manager which are not otherwise provided for by the State of California Government Code; (m) Advise, through the City Manager , interested parties of ac- tion taken by the City Council provided, however , that it shall be the responsibility of the City Manager to direct and control the actions of reports requested of City personnel. ' (n) Perform such other duties consistent with this Code as may be required of the office by the Council. 2-4.102. City Clerk. The City Clerk shall administer the office of the City Clerk and shall be responsible for the successful perform- ance of its function. The City Clerk may appoint deputies for whose ' acts he and his bondsmen shall be responsible, but in doing so, shall not incur any indebtedness or liability on behalf of the City except as authorized by the City Council. Such Deputy City Clerks, appointed ex officio, shall have the power to exercise any duty imposed upon the City Clerk. 2-4.103." Bonding. The City Clerk shall be required to execute ' the bonds necessary as required by the Council for the performance of the duties of the office. 2-4.104 . Compensation. The City Clerk shall receive such compen- sation ompen- saw on and expense allowance as the Council shall from time to time determine by resolution or ordinance. Compensation shall be a proper charge against such funds of the City as the Council shall designate. 2 r Ordinance No. 48 - City Clerk r Section 2. Ordinance No. 5, adopted on July 9, 1979, shall be repealed effective with assumption of office by a duly elected City Clerk, but shall constitute transition provisions pending the election of such a Clerk. ' 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 Section 36933 of the Gov- ernment Code; 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. Section 4. This ordinance shall go into effect and be in full force and efAect at 12: 01 a.m. on the thirty-first (31st) day after passage, but shall not repeal the transition provisions of Ordinance No. 5. The foregoing ordinance was introduced, adopted, and ordered published at a meeting of the Council held on February 9 , 1982, by the following vote: AYES: Councilmen Highland, Mackey, Nelson and Mayor Wilkins NOES: None ABSENT: Councilman Stover ROBERT J. WIL NS, JR. , Ma r ATTEST: U RAY WARDEN, City Clerk APPROVED AS TO ORM: h . ALLEN GRIMES , City Attorney 3 r CERTIFICATION I hereby certify that the foregoing is a full, true, and correct copy of Ordinance No. 48 passed by the Atascadero City Council at its regular Council meeting held on February 9 , 1982 U Y L. WARDEN, City Clerk city of tascadero, California r