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HomeMy Public PortalAbout75-132 (12-02-75)RESOLUTION N0. 75-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD, CALIFORNIA, ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON MARCH 2, 1976 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY AN ORDINANCE RELATING TO THE POSITION OF FISCAL OFFICER AND ORDERING SAID SPECIAL ELECTION CONSOLIDATED WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON MARCH 2, 1976. WHEREAS, the City Council of the City of Lynwood did on the 16th day of September, 1975, duly adopt Ordinance No. ggl providing for the codification of provisions relating to the position of fiscal officer and for the transfer of certain statutory duties of the city clerk to said position; and WHEREAS, the said Ordinance was duly published as required by law; and WHEREAS, pursuant to authority provided by statute a petition has been filed with the legislative body of the City of Lynwood signed by more than ten per cent of the number of qualified registered voters of the City of Lynwood protesting against the adoption of the said Ordinance hereinabove referred to; and WHEREAS, the City Clerk of the City of Lynwood has duly examined and from the records of registration ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council of the City of Lynwood has not voted in favor of the repeal of the Ordinance; and WHEREAS, the City Council of the City of Lynwood is thereupon authorized and directed by statute to submit the Ordinance to the qualified voters; NOW, THEREFORE, the City Council of the City of Lynwood, California, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER as follows: SECTION 1. That a special election be held and the same is hereby called to be held in said city on March 2, 1976, for the purpose of submitting to the qualified voters of said city an ordinance hereinafter set forth relating to the position of fiscal officer. SECTION 2. That the ordinance submitted to the voters shall be as follows: ORDINANCE N0. 991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADDING ARTICLE IV TO CHAPTER 2 OF THE CODE OF THE CITY OF LYNWOOD ESTABLISHING THE POSITION OF FISCAL OFFICER THE CITY COUNCIL OF THE CITY OF LYNWOOD hereby does ordain as follows: SECTION 1. Article IV entitled "Fiscal Officer" and consisting of Section 2-85 through 2-g0, hereby is added to Chapter 2 of the Code of the City of Lynwood to read as follows: Section 2-85 Office Established; Appointment. There is hereby established the position of fiscal officer of the City of Lynwood. The fiscal officer shall be appointed by and shall serve at the pleasure of the city manager acting jointly with the City Council. During any time said position is vacant, said city manager shall serve as the fiscal officer. Section 2-86. Bond Required. Before assuming the duties of his office, the fiscal officer shall execute and deliver to the city clerk the bond required by the Government Code, which bond shall conform in all respects to the provisions of said Code. The penal sum of the bond hereby is fixed at $20,000 and the premiums for such bond shall be a lawful charge against the general fund of the city. Section 2-87. Powers and Duties. The fiscal officer shall have the power and duty to: (a) Maintain and operate the general account- ing system of the city and of each of the respective divisions and services of the city; (b) Perform such accounting functions and duties in accordance with the latest and most modern accounting methods as the science of accounting progresses; (c) Maintain, or to prescribe and require the maintaining of inventory records of municipal properties necessary in accordance with modern municipal accounting practices; (d) Perform the functions and duties relating to the administration and collection of taxes, and various permit fees levied by the City; (e) Perform the duties relating to preparing auditing, presenting, and disbursing claims and demands against the city; (f) Assist in the purchase of supplies, goods, wares, merchandise, equipment and materials re- quired by the city; (g) Assist in the preparation of the annual budget and in the administration of the budget; and (h) Cooperate with the city treasurer and other officials of the city in establishing and maintaining sufficient and satisfactory pro- cedures and controls over municipal revenues and expenditures in all departments, divisions and services of the city in accordance with modern mun- icipa accounting practice. Section 2-88. Preparation of Reports. The fiscal officer shall prepare and present to the city council in sufficient detail to show .t he financial condition of the city, the following reports: (a) A quarterly or more frequently as requested, statement of all receipts, disburse- ments and balance of the city; (b) An annual statement of report of the financial condition of the city; and (c) Such other financial reports as the city council or city manager directs. Section 2-8g. Additional Duties. The fiscal officer shall perform such other additional duties and functions as may be prescribed by the city council or the city manager. Section 2-90. Financial and Accounting Duties of City Clerk Transferred. In accordance with Sections 37209 and 40805.5 of the Government Code, the duties imposed upon the city clerk by Government Code Sections 37201 through 37208 and the financial and accounting duties imposed upon the city clerk by Sections 40802 through 40805 of the Government Code are transferred to the fiscal officer. For purposes of this section, the position of fiscal officer shall be deemed to constitute the position of director of finance. SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, sub- divisions, sentences, clauses, phrases, or portions, or the application thereof to any person or place, be declared invalid or unconstitutional. First read at a regular meeting of the city council of said city held on the 2nd day of September, 1975, and finally adopted and ordered published at a regular meeting of said council held on the 16th day of September, 1975. SECTION 3. That the polls for said election shall be opened at seven o'clock A.M. of the day of said election and shall remain open continuously from said time until seven o'clock P.M. of the same day, when said polls shall be closed, except as pro- vided in Section 14436 of the Elections Code of the State of California. SECTION 4. That on the ballots to be used at said special election, in addition to any other matters required by law, there shall be printed, in English and Spanish, the following: SHALL ORDINANCE No. g91, AN ORDINANCE OF THE: YES . CITY COUNCIL OF THE CITY OF LYNWOOD ADDING ARTICLE IV TO CHAPTER 2 OF THE CODE OF THE CITY OF LYNWOOD ESTABLISHING THE POSITION OF: FISCAL OFFICER, BE ADOPTED? NO SECTION 5. That a cross (+) placed in the voting square after the word "YES" in the manner hereinbefore provided shall be counted in favor of the adoption of the proposition. A cross (+) placed in the voting square after the work "NO" in the manner hereinbefore provided shall be counted against the adoption of the proposition. - .. SECTION 6. That the special election hereby called shall be and is hereby ordered consolidated with the general municipal election to be held in said City on said date, and such elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used thereat. The precincts, polling places and officers of election for the special election shall be the same as those provided for said general municipal election within said City. SECTION. 7. That notice of the time and place of holding said election is hereby given and the City Clerk is hereby author- ized, instructed and directed to give such further or additional notice of said election in time, form and manner as required by law. SECTION 8. That the City Clerk shall certify to the passage and adoption of this Resolution, shall enter the same in the book of original Resolutions of said city, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said city in the minutes of the meeting at which the same is passed and adopted. SECTION 9. That this Resolution shall take effect immediately. PASSED, APPROVED AND ADOPTED this 2nd day of December, 1975• NNM. ' Mayor o City of Lynwood Lynwoo California ATTEST: ~~ ~ ~ ^~ ,,// ;City Clerk of the City ~6f"Lynwood Lynwood, California STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and foregoing resolution was duly adopted by the City Council of said city at a regular meeting thereof held in the City Hall of said City on the 2nd day of December , 1g75 and passed by the following vote: AYES: COUNCILMEN Byork, Green, Liewer. NOES: COUNCILMEN Morris and Rowe. ABSENT: COUNCILMEN None. CITY CLERK, CITY OF LYNWOOD