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