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HomeMy Public PortalAboutOrdinance 363ORDINANCE NO. 363 AN ORDINANCE OF THE CITY OF BEAUMONT CREATING AND ESTABLISHING A CITY MANAGER FORM OF GOVERNMENT FOR SAID CITY; DEFINING THE AUTHORITY, POWER, AND DUTIES OF THE CITY MANAGER; AND REPEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. The City Council of the City of Beaumont, California, does ordain as follows: SECTION 1: OFFICE OF CITY MANAGER CREATED. The office of City Manager for the City of Beaumont is hereby created and established. The City Manager shall be appointed by the City Council solely on the basis of his executive and administra- tive qualifications and ability, and shall hold office at and during the pleasure of the City Council. SECTION 2: ELIGIBILITY. Residence in the City of Beaumont, at the time of appoint- ment, 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 Beaumont until one year has elapsed after he has ceased to be a member of the City Council. SECTION 3: BOND. The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be determined by the City Council and shall be conditioned on the faithful performance of the duties imposed on the City Manager as herein described. Bond fee to be paid by the City of Beaumont. SECTION 4: ABSENCE. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Assistant City Manager. The Assistant City Manager will serve only as manager pro -tem during any temporary absence or disability of the City Manager. In the case of absence or disability of the City Manager and his failure to so appoint a manager pro -tem, the City Council may designate some duly qualified person to perform the duties of the City Manager during the period of absence or disability of said City Manager. The City Manager pro -tem shall be subject to the same qualifications, terms, and conditions, and shall have the same powers and duties, during the period of such absence or disability of the City Manager. SECTION 5: COMPENSATION. The City Manager shall receive such compensation as the City Council shall from time to time determine and fix by resolution, and said compensation shall be a proper charge against such funds of the City that the City Council shall designate. Said City Manager shall be reimbursed for all sums necessarily incurred or paid by him in the performance of his duties or incurred when traveling on business pertaining to said City under direction of the City Council; reimburse- ment shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the City Council, and by said City Council duly approved and allowed. SECTION 6: 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. He 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; (b) To control, order and give directions to all heads of departments, subordinate officers and employees of the City, except the City Clerk, City Treasurer, City Attorney, and members of the Planning Commission; and to transfer employees from one department to another; and to consolidate or combine offices, positions, departments or units under his direction. (c) To appoint, promote, demote and remove any officers and employees of the City except the City Clerk, City Treasurer, City Attorney, and members of the Planning Commission. (d) To exercise control over all departments of the City government and over all appointive officers and employees thereof, except the City Clerk, City Treasurer, City Attorney, and members of the Planning Commission. (e) To attend all meetings of the City Council and Planning Commission unless excused therefrom by the Council, except when his removal is under con- sideration by the Council. (f) To recommend to the City Council for adoption such measures and ordinances as he deems necessary or expedient. (g) To keep the City Council at all times fully advised as to the fi- nancial conditions and needs of the City. (h) To prepare and submit to the City Council the annual budget. Coun- cil approval of the annual budget or schedule of anticipated expenditures con- stitutes approval to the Purchasing Agent to procure any items therein listed. Provided, however, no purchase shall be made of an item exceeding in cost the sum of $500.00 without first obtaining approval of the City Council. Any items not so listed must first have approval from the City Council before purchase can be authorized by the City Manager. No expenditure shall be submitted or recommended to the City Council, except on report or approval of the City Manager. (i) To make investigations into the affairs of the City, and any depart- ment or division thereof, and any contract, or the proper performance of any obligations running to the City. (j) To investigate all complaints in relation to matters concerning the administration of the City government 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 performed and observed. (k) To exercise general supervision over all public buildings, public parks 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. (1) He shall devote his time diligently to the duties of his office and the interest of the City of Beaumont. (m) The services and facilities of the City Clerk, City Treasurer, and the City Attorney shall be made available to the City Manager to the same extent, in the same manner, and to the same effect they are available to the City Council. (n) 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 7: 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 which shall be held at its usual meeting place, but before the expiration of the thirty (30) day period, and at which time the City Manager shall appear and be heard. After furnishing the said 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 provided, however, that his salary shall continue for a period not less than thirty (30) days after date of the written notice of the intended removal. 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. SECTION 8: REMOVAL AFTER MUNICIPAL ELECTION. Notwithstanding the provisions of this ordinance herein before 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 for any newly elected member to 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 the said ninety (90) day period aforementioned, the provisions of the preceding section as to the removal of said Manager shall apply and be effective. SECTION 9: ORDERS AND DIRECTIONS. The City Council and its members shall deal with the administrative 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 subordinate of the City Manager. SECTION 10: REPEAL. All ordinances and all parts of ordinances in the City of Beaumont in conflict herewith are hereby repealed to the extent of such conflict. SECTION 11: CONSTITUTIONALITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this ordinance. The City Council of the City of Beaumont hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 12: EFFECTIVE DATE. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published once in the BEAUMONT GAZETTE, a newspaper of general circulation, published, printed and circulated in the City of Beaumont, and thirty days after its adoption, this ordinance shall be in full force and effect. PASSED AND ADOPTED this 25th. day of May , 1965. ATTEST: BERNICE CONINE, CITY CLERK ✓�j�,_�` DONALD B. HOUSTON, MAYOR I, Bernice Conine, Clerk of the City of Beaumont, hereby certify that the foregoing ordinance. being Ordinance No. 363 of the City of Beaumont was introduced