HomeMy WebLinkAbout1982 Santa Ana Charter - to StateWhen Recorded Mail to
Clerk of the Council
City of SantaAna
20 Ci," --7 Center Plaza
Santa Ana, Ca 92701
83-005212
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' E.XERPT .
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12/7/82
CERTIFICATE OF PROCEEDINGS HAD AND TAKEN
IN ADOPTION OF CHARTER AMENDMENTS BY
ELECTORS OF THE CITY OF SANTA ANA AT A AECOF3DED IN OFFICIAL RECORDS
SPECIAL MUNICIPAL ELECTION HELD ON OF ORANGE COUNTY, CALIFORNIA
NOVEMBER 2, 1982
9 92 AIS JAN 5'88
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss Lee A. Bradi, C "k Rewder
CITY OF SANTA ANA )
We, the undersigned, GORDON BRICKEN, Mayor of the City
of Santa Ana, and JANICE C. GUY, Clerk of the Council of
said City, do hereby certify and declare as follows:
That the City of Santa Ana, in the County of Orange,
State of California, is now and at all times herein
mentioned was a municipal corporation, duly organized and
existing under and pursuant to the provisions of a Charter
adopted in accordance with the provisions of the
Constitution of the State of California by the electors of
said City on the 4th day of November 1952, and thereafter
duly approved by Assembly and the Senate of the State of
California on January 8, 1953.
That on the 2nd day of August, 1982, the City Council
of the City of Santa Ana passed and adopted Ordinance NS -
1642, calling for a Special Municipal Election to be held in
the City of Santa Ana, on November 2, 1982, for the purpose
of submitting to the electors of said City certain measures
to appear upon the ballot, proposing certain amendments to
the aforesaid Charter. THE FOREGOING DOCUMENT 3SARILL, TRUE & CORRECT COPY OE
THE ORIGINAL ON FILE 1,11 THIS 01=FICE.
0 THF OR!ON FILE 1
AFEST:
BY
OF ARA COIANCI L, 01 Y OF SANTA f1I+ A
19 &
43-005212
That all Notices required to be published were
M a d'e A VQ ., 4 41"t /rl
regularly published in English and,,Spanish in the official
newspaper of the City of Santa Ana in the time provided
therefor by the laws of the State, the Charter of the City
of Santa Ana, and the Constitution of the State of
California; and that copies of said proposed amendments and
proposition, the arguments submitted thereon and the City
Attorney's Analysis were duly mailed to all electors in the
manner and form required by law.
That, of the measures submitted to the electors
pursuant to the aforesaid ordinance, that measure designated
"P" read as follows:
CHARTER LANGUAGE. Shall the Charter be
amended to bring Charter provisions into
conformance with state law, deleting super-
fluous language, and revise regulation of
political activity, including:
- Providing for infraction prosecutions;
- Adjusting competitive bidding amount;
- Requiring Constitutional oath of office
as the only required oath;
- Deleting reference to nonexistent Wards 8 and 9;
- Deleting certain Charter implementation provi-
sions which are no longer required?
(Sections amended: 401.1, 420, 421, 703, 904,
1105, Sections deleted: 104, 105, 107, 106, 109.)
2.
83- 00521.2
That the Registrar of Voters of Orange County canvassed
the returns of said election and certified 26,167 votes in
favor of said measure "P", 11,660 votes opposed, and that as
a result of said canvass the City Council declared in its
Resolution No. 82--160 that the said measure had been
carried.
That Sections 401.1, 420, 421, 703, 904, and 1105 of
the Charter of the City of Santa Ana are therefore amended
to read as set forth in Exhibit A, attached hereto and
incorporated herein by reference.
That sections 104, 105, 107, 108, and 109 of the
Charter of the City of Santa Ana, the texts of which are set
forth in Exhibit B, attached hereto and incorporated herein
by reference, are therefore repealed.
That, also, of the measures submitted to the electors
pursuant to the aforesaid ordinance, that measure designated
"Q" read as follows:
CITY EMPLOYEES. Shall the Charter be amended to
provide that the powers, duties and qualifications
of the Director of Public Works and the Director
of Recreation and Parks be by resolution of the
City Council?
(Sections deleted: 705, 706.)
That the Registrar of Voters of Orange County certified
22,457 votes in favor of said measure "Q", 15,071 opposed,
and that as a result of said canvass the City Council
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83-005212
declared in its Resolution No. 82-160, that the said measure
had been carried.
That sections 705 and 706 of the Charter of the City of
Santa Ana, the texts of which are set forth in Exhibit B
attached hereto and incorporated by reference, are therefore
repealed.
That, also, of the measures submitted to the electors
pursuant to the aforesaid ordinance, that measure designated
"R" read as fellows:
BOARDS AND COMMISSIONS. Shall the Charter be
amended to modify provisions for service on
the city's boards and commissions including:
- Increasing reporting responsibility of
chairpersons;
- Increasing responsibility of the Board of
Recreation and Parks;
- Deleting reference to sex status of members
on the Board of Recreation and Parks?
-- Providing greater autonomy for the Personnel
Board;
Increasing responsibility of the Personnel
Board?
(Sections amended: 904, 907, 908, 911, 912).
That the Registrar of Voters of Orange County certified
23,972 votes in favor of said measure "R", 12,761 opposed,
and that as a result of said canvass, the City Council
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83-005212
declared in its Resolution leo. 82--160,that the said measure
had been carried.
That sections 904, 907, 908, 911 and 912 of the Charter
of the City of Santa Ana are therefore amended to read as
set forth in Exhibit A, attached hereto and incorporated
herein by reference.
That, also, of the measures submitted to the electors
pursuant to the aforesaid ordinance, that measure designated
"S" read as follows:
PERSONNEL PROCEDURES. Shall the Charter be
amended to revise rules for selection, com-
pensation, promotion and retention of City
Personnel, including:
- Allowing the City Council more flexibility
in setting rules for employee selection;
-- Allowing the City Council more flexibility
in setting suspension, demotion and layoff
procedures?
(Sections amended: 1000, 1002, 1004,
Sections deleted: 1001, 1003► 100.5, 1006,
1.007, 1008, 1009).
That the Registrar of Voters of Orange County certified
18,665 votes in favor of said measure "S", 18,608 opposed,
and that as a result of said canvass the City Council
declared in its Resolution No. 82-160, that the said measure
had been carried.
5.
83-005212
That sections 1000, 1002 and 1004 of the Charter of the
City of Santa Ana is therefore amended to read as set forth
in Exhibit A, attached hereto and incorporated herein by
reference.
That sections 1001, 1003, 1005, 1006, 1.007, 1008, and
1009 of the Charter of the City of Santa Ana, the texts of
which are set forth in Exhibit B, attached hereto and
incorporated herein by reference, are therefore repealed.
That, also, of the measures submitted to the electors
pursuant to the aforesaid ordinance, that measure designated
"T" read as follows:
ELECTIONS. Shall the Charter be amended so that
the general municipal election is set on the
same date as the State's general election?
(Sectioris amended: 400, 401.1, 1201.)
That the Registrar of Voters of Orange County certified
30,427 votes in favor of said measure "T", 6,921 opposed,
and that as a result of said canvass, the City Council
declared in its Resolution No, 82-160, that the said measure
had been carried.
That Sections 400, 401.1 and 1201 of the Charter of the
City of ,Santa Ana are therefore amended to read as set forth
in Exhibit A, attached hereto and incorporated herein by
reference.
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83-005212
They further declare that the foregoing constitutes a
true and correct statement of the proceeding had by the City
of Santa Ana and the City Council of said City in the
presentation of said amendments to the Charter of the City
of Santa Ana and the election held thereon.
IN WITNESS WHEREOF we have hereunto set our hands and
affixed the official seal of the City of Santa Ana in Santa
Ana, California on the ejWp day of �� �_, 1982.
•
66eN
MAYOR
NICE C. GUY
LFRK OF THF COUNCIL
7.
REL:adg
83-005212 12/8/82
EXHIBIT A
TEXT OF AMENDED CHARTER SECTIONS
Sec. 400. Number_, selection and terms of members.
The city council shall consist of seven (7) members
elected at the times and in the manner provided in this
charter, each of whom shall serve a term of four (4) years.
The term of each member shall begin following such election,
at the first regularly scheduled meeting of the city council
following certification of election results, and each shall
serve except as otherwise provided for in this charter,
until his successor is elected and qualified. Each office
of council member shall be a separate office and one of such
offices shall be assigned to each of the wards of the city.
Candidates for each office of council member shall be
nominated from such ward by the electors of such ward, but
all council members shall be elected by the vote of the
electors of the city at large.
Sec. 401.1 Order of filling offices.
The offices of council member from wards one, three,
five and seven shall be filled at the general municipal
election held in 1984, and the offices of council member
from wards two, four, and six shall be filled at the general
municipal election held on April 5, 1983, and in 1986.
Thereafter, the offices of council member from wards one,
three, five and seven and from wards two, four, and six
shall be filled alternately at the general municipal
elections held in the years in which the terms of such
offices respectively expire.
The candidate elected from each ward at each such
election shall be the candidate receiving the highest number
of votes cast for any candidate from said ward.
Sec. 420. Violation and penalty.
The city council may make the violation of its
ordinances a misdemeanor or .infraction which may be
prosecuted in the name of the People of the State of
California or may be redressed by civil action and may
prescribe punishment for such misdemeanor or infraction in
the same manner as provided in the penal code of the State
of California as the same now reads or as hereafter amended.
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Sec. 421. Contracts, purchases,
public works - Formalities.
The city shall not be bound by any contract, except as
hereinafter provided, unless the same shall be made in
writing by order of the city council and signed by some
officer in behalf of the city who has been authorized to do
so by the city council. The approval of the form of all
contracts shall be endorsed thereon by the city attorney, or
his designated representative.
The city council may authorize by the affirmative votes
of a majority of its members, any officer of the city to
bind the city on contracts in writing without advertising
and without previous approval by the city council of each
specific item for the payment of charges for materials,
supplies, labor, equipment or other valuable consideration
furnished the city, in amounts not exceeding five hundred
dollars ($500.00) in any one contract. Further, the city
council may authorize, by the affirmative votes of a
majority of its members, the city manager to bind the city
on contracts in writing without advertising and without
previous approval by the city council of each specific item
for the payment of charges for materials, supplies, labor,
equipment, other valuable consideration to be furnished the
city, or for emergency public works construction (as
hereinafter defined), in amounts not exceeding the sum of
ten thousand dollars ($10,000.00) without a contract let to
the lowest responsible bidder after notice, in any one
contract. Nothing herein contained shall authorize any
person to bind the city on any such contract if the same be
a portion of a larger purchase or series of purchases which,
in the aggregate, exceed the authority herein specified.
Every contract involving an expenditure of more than
ten thousand dollars ($10,000.00) for materials, supplies,
labor, equipment, other valuable consideration, or for
public works construction (as hereinafter defined) shall be
made by the city council with the lowest and best bidder
after publication for at least two (2) days in a newspaper
of general circulation in the city of notice calling for
bids and fixing a period during which such bids will be
received, which shall be for not less than ten (10) days
after the first publication of said notice.
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The city council may reject any and all such bids
presented and may readvertise in its discretion. After
rejecting such bids, or if no bids are received, the city
council may determine and declare that, in its opinion based
on estimates submitted by the city manager, the work may be
performed better or more economically by the city with its
own employees, or the materials, supplies, labor, equipment
or other valuable consideration can be obtained at a lower
cost, and after the adoption of a motion to this effect by
the affirmative votes of at least two-thirds (2/3) of the
members of the city council and containing a declaration of
the facts constituting such urgency.
For purposes of this section, "public works
construction" shall be deemed to mean a project for the
erection or improvement of public buildings, streets,
drains, sewers, parks, or playgrounds. Maintenance and
repair of public buildings, streets, drains, sewers, parks,
or playgrounds shall not be considered as public works
construction.
Any contract involving expenditure of public funds,
even though not required to be let by competitive bidding
after publication of notice, shall nevertheless be entered
into only after review of such alternative sources of supply
or performance as may be available in competition with one
another and selection therefrom on the basis of obtaining
maximum quality goods, services, or performance at minimum
cost. The city manager shall recommend and the city council
shall consider and adopt by ordinance rules and regulations
governing the contracting and purchasing of all services,
supplies, materials, and equipment required by any office,
department, agency, officer, or employee of the city
government.
Nothing contained in this section shall prohibit any
contract for public works construction with, or the purchase
or acquisition of any materials, supplies, labor, equipment
or other valuable consideration from or through, any public
or governmental body or agency without compliance with the
bidding provisions of this section.
Sec. 703. City attorney; qualifications, power and duties.
To become eligible for the position of city attorney
the person appointed shall be an attorney-at-law duly
licensed as such under the laws of the State of California.
He shall devote such time to the duties of his office as may
be specified in the ordinance or resolution fixing the
compensation of such office. He shall have the power and be
required to:
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(a) Represent and advise the city council and
all city officers in all matters of law
pertaining to their offices;
(b) Attend all meetings of the city council and
give his advice or opinion in writing whenever
requested to do so by the city council or by
any of the officers and boards of the city;
(c) Prepare or approve all proposed ordinances or
resolutions for the city, and amendments thereto;
(d) Prosecute on behalf of the people such criminal
cases for violation of this charter, or city
ordinances, and of misdemeanor offenses and
infractions arising upon violations of the laws
of the state as in his opinion, or that of the
city council, or of the city manager, warrant
his attention;
(e) Represent and appear for the city, any city
officer or employee, or former city officer
or employee, in any or all actions and proceed-
ings in which the city or any such officer or
employee, in or by reason of his official
capacity, is concerned or is a party;
(f) Approve the form of all bonds given to, and
all contracts made by, the city, endorsing his
approval thereon in writing;
(g) On vacating the office, surrender to his
successor all books, papers, files, and
documents pertaining to the city's affairs.
The city council shall have control of all legal
business and proceedings and may employ other attorneys to
take charge of any litigation or matter or to assist the
city attorney therein.
Sec. 904. Meetings; chairman.
The election of each chairman and vice-chairman shall
be held at the meetings of the respective boards and
commissions during the month of July of each year. The
board or commission, in the event of a vacancy in the office
of the chairman or vice --chairman, shall elect one of its
members for the unexpired term. The chairman shall have the
responsibility for informing the city council of board,
commission, or committee actions or inactions and the
reasons therefore.
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Each board or commission, other than the personnel
board, shall hold a regular meeting at least once a month
with reasonable provision for attendance by the public. The
city manager shall designate a secretary for the recording
of minutes for each of such boards and commissions, who
shall keep a record of its proceedings and transactions.
Each board and commission shall prescribe rules and
regulations governing its operations which shall be
consistent with this charter and shall be filed with the
clerk of the council for public inspection. The personnel
board shall meet monthly, provided there is business on the
agenda to come before it. In the event no business is
placed on the board's agenda before the Friday preceding the
tentative Wednesday meeting date, no meeting need be held;
provided, however, that in no event shall more than three
months intervene between meetings of such board.
Sec. 907. Board of recreation and parks - Membership.
The members of the board of recreation and parks shall
be appointed from the qualified electors of the city. Seven
(7) members shall be appointed as required by this charter.
one additional member shall be appointed by the
governing board of each school district operating one or
more elementary schools located within the City of Santa
Ana, except that there shall not be more than four (4) such
additional members. If more than four (4) school districts
operate elementary schools within the city, appointment of
the additional members shall be made by the governing boards
of those districts having the largest assessed value of
property lying within the City of Santa Ana. No member of
the board of recreation and parks shall hold any paid office
or employment in the city government.
Sec. 908. Same - Powers and duties.
The board of recreation and parks shall have power and
be required to;
(a) Consider matters that may be referred to it by
the city council, the city manager, or the
director of recreation and parks and render
such counsel and advice in regard thereto as may
be requested by the referring authorities; and
consider all matters regarding programs, usages,
or services of the department of recreation and
parks other than administrative matters;
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(b) By its own motion, make such studies and in-
vestigations as it may deem necessary for the
formulation of recreation and park policies,
or to determine the wisdom and efficacy of the
policies, plans, and procedures dealing with
recreation and park matters and report its
findings and recommendations to the city council,
the city manager, or the director of recreation
and parks, or to any or all such authorities
as it may see fit.
(c) Recommend to the city council and the city
manager as to the acceptance or rejection of
offers of donations of money, personal property,
or real estate to be used for recreation and
park programs; and additionally, it shall make
recommendations on the sale, transfer, or usage
of existing or future park property;
(d) Consider the annual budget during the process
of its preparation by the director of recreation
and parks and make recommendations with respect
thereto to the city manager and the city council;
(e) Solicit to the fullest extent possible the
cooperation of school authorities and other
public and private agencies concerned with
recreation and park programs of the city.
Sec. 911. Personnel Board - Membership.
The personnel board shall consist of seven (7) members
to be appointed by the city council from the qualified
electors of the city. None of the members shall be removed
from office without reasonable and sufficient cause, in
accordance with procedures as provided by ordinance. None
of the members shall hold public office or employment or be
a candidate for any other public office or position, be an
officer of any local, state or national partisan political
club or organization, or while a member of the personnel
board or for a period of one (1) year after he has ceased
for any reason to be a member, be eligible for appointment
to any salaried office or employment in the service of the
city.
Sec. 912. Same - Powers and duties.
to:
The personnel board shall have power and be required
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(a) Hear appeals pertaining to the suspension,
demotion, or dismissal of any officer or
employee having permanent status in any
office, position, or employment in the civil
service; and as otherwise provided for in
the civil service rules and regulations.
(b) Consider matters that may be referred to it
by the city council or the city manager and
render such counsel and advice in regard
thereto as may be requested by the referring
authorities;
(c) By its own motion, make such studies and
investigations as it may deem necessary for
the formulation of civil service policies,
or to determine the wisdom and efficacy of
the policies, plans, and procedures dealing
with civil service matters and report its
findings and recommendations to the city
manager or the city council, or to both
such authorities, as it may see fit;
(d) Conduct public hearings on all proposed amend-
ments to or repeal of civil service rules and
regulations in the manner as prescribed by
ordinance, and advise the council of its find-
ings in such matters within sixty (60) days.
Sec. 1000. Civil service system.
A civil service system shall be as follows in addition
to necessary rules of implementation to be established by
ordinance and as may be recommended by the personnel board:
(a) That the most qualified and competent employees
shall be appointed and promoted, based upon
fair and equitable competition for the positions
to ensure the highest quality city government.
(b) That no political or other outside influences
shall affect appointments or promotions.
(c) That there shall be equal opportunity for all
persons regardless of age► sex, race, religion,
creed, marital status, physical handicap, or
national origin.
(d) That there is equitable treatment of all civil
service employees in matters of discipline, lay--
off or dismissal from the city service.
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The system should be established in such a manner to
ensure the accomplishment of the foregoing standards in
appointments, promotions, discipline, lay-offs or dismissals
of civil service employees.
The civil service rules and regulations shall provide
for such matters as the city council and the personnel board
may deem necessary, proper or expedient to carry out the
intent and purpose of the civil service provisions of this
Charter. These rules and regulations shall provide:
(a) Preference for veterans for appointment to
civil service positions consistent with the
principle of merit.
(b) Vacancies in positions of the higher classes
in the civil service of the city shall be filled
with preference to employees occupying positions
of lower classes having duties and respon-
sibilities which can reasonably be considered
as affording training and experience for the
performance of the duties of the higher class.
(c) That persons achieving eligibility for a
position in the civil service shall retain
that eligible status for a time sufficient to
offer an opportunity to be appointed to a
position in the civil service.
(d) That the right to exercise disciplinary and
dismissal powers is vested respectively in
the officers of the City who have the power
of appointment as to any position in the
personnel system. Actions relating to sus-
pension, demotion or dismissal for reasonable
and sufficient cause may be taken by the
officer having the power of appointment to
the position.
Sec. 1002. Civil Service and excepted service.
The civil service system of the City shall cover all
employees of the city not excepted by this section.
(a) The excepted service shall comprise the
following offices and positions:
(1) The individual offices held by all
elective officers;
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(2)
The
city manager
and his assistants, if any;
(3)
The
city attorney
and his legal assistants,
if
any;
(4)
The
clerk of the
council;
(5)
The
director of
finance;
(6)
The
director of
personnel, if any;
(7) The head of each department of the city
not otherwise specified herein, and the
chief administrative officer of the com-
munity redevelopment agency of the City
of Santa Ana, and of the housing authority
of the City of Santa ana, but not including
the police chief or the .fire chief;
(8) one private secretary to the city manager;
(9) All members of boards and commissions;
(10) Positions occupied by persons employed
to render professional, scientific,
technical, or expert service of an
occasional and exceptional nature;
(11) Positions in any class or grade created
for a special or temporary purpose, and
which are to exist for a period of not
longer than ninety (90) days;
(12) Positions of any class or grade exempted
from the civil service for a maximum
of six (6) months in any calendar year
provided that the personnel board upon
application of the city manager and after
public notice and hearings recommends to
the city council such exemption and the
city council grants such exemption by
motion adopted by two --thirds (2/3) of its
members. Any such exemption shall not
affect the the tenure of any person whose
appointment has become sinal under civil
service.
(13) Part --time positions or employments requir-
ing less than twenty (20) regular hours of
employment per week,
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(14) School crossing guards;
(15) All. positions occupied by persons employed
to replace employees ordered to active
duty, enlisted, or drafted for military
service during a national emergency or
when this country has declared war and
until the expiration of the time when such
replaced employee could demand his former
position of employment under federal or
state statutes.
(b) The civil service shall comprise all
positions not specifically included by this
section in the excepted service.
(c) In the event an officer or employee of the
city holding a position in the civil service
is appointed to a position in the excepted
service and should subsequently be removed
therefrom, he shall revert to his former
position in the civil service without loss
of any rights or privileges and upon the
same terms and conditions as if he had
remained in said position continuously.
Sec. 1004. Position Classification and pay plan.
The city manager shall prepare, install and maintain a
position classification and pay plan covering all positions
in botb the civil and the excepted services of the city,
subject to civil service rules and regulations and the
approval of the city council.
The city manager shall develop the pay plan, after
meeting and conferring with employees' organizations as
required by .law.
Sec. 1105. Oath of office.
Each member of the city council and of every board and
commission and each officer and full --time employee shall,
before entering upon the duties of his office, take and
subscribe an oath or affirmation as prescribed by law and to
be filed and kept in the office of the director of
personnel.
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Sec. 1201. General municipal.
General, municipal elections for the election of
officers and for such other purposes as the city council may
prescribe shall he held in the City of Santa Ana on the
first Tuesday after the first Monday in November in each
even numbered year. However, in the event the state
legislature hereafter prescribes a different day for holding
of the statewide general election, general municipal
elections shall be held upon such day as prescribed for the
statewide general election.
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EXHIBIT B
TEXT OF REPEALED CHARTER SECTIONS
Sec. 104. Continuance of present officers and employees.
All officers and employees of the city at the time this
charter takes effect shall continue in the performance of
their duties until provision shall have been made in accord-
ance with this charter for the performance or discontinuance
of such duties.
Sec. 105. Transfer of records and property.
All records, property, and equipment of any office, depart-
ment, or agency, or part thereof, all of the powers and duties
of which are assigned to any other office, department, or
agency by this charter, shall be transferred and delivered to
the office; department, or agency to which such powers and
duties are so assigned If part of the powers and duties of
any office, department, or agency, or part thereof is by this
charter assigned to another office, department, or agency,
all records, property, and equipment relating exclusively
thereto shall be transferred and delivered to the office, depart-
ment, or agency to which such pourers and duties are so as-
signed.
Sec, 107. Ordinances continued in effect.
All ordinances and resolutions and all rules, regulations,
and orders legally made by any office, department, agency,
or officer of the city. in force at the effective date of this
charter, and not inconsistent herewith, shall remain in force
until amended, repealed, or superseded as provided herein.
Sec, 1K Continuance of contracts and public improvements.
All contracts entered into by the city, or for its benefit,
prior to the taking of effect of this charter, shall continue
in full force and effect. Public improvements for which legis-
lative steps have been taken under laws existing at the time
this charter takes effect may be carried to completion as
nearly as practicable in accordance with the provisions of
exipting laws or may be continued or perfected under this
charter.
Sec. 109. Fending actions and proceedings.
No action or proceeding. civil or criminal, pending at the
time when this charter shall take effect, brought by or against
the city or any office, department, agency, or officer thereof.
shall be affected or abated by the adoption of this charter or
by anything it contains; but all such actions or proceedings
may be continued notwithstanding that functions, powers, and
duties of any office, department, agency, or officer party
thereto may by or under this charter be assigned or trans-
ferred to another office, department, agency, or office, but in
that event the same may be prosecuted or defended by the head
of the office, department, or agency to which such functions,
powers, and duties have been assigned or transferred by or
under this charter.
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