HomeMy WebLinkAbout50A - ORD - AUTHORIZING MAYOR PRO TEM TO SIGNREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 19, 2017
TITLE:
ORDINANCE AUTHORIZING MAYOR PRO
TEM TO EXECUTE CONTRACTS PER CITY
CHARTER SECTION 421
{STRATEGIC PLAN NO. 51 1}
l/ CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 151 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt ordinance authorizing Mayor Pro Tem to execute contracts in the absence of the
Mayor or in circumstances when the Mayor legally cannot or will not execute contracts as
provided for in the City Charter.
DISCUSSION
The City Charter and the Municipal Code specify the various duties and responsibilities of
the Mayor, Mayor Pro Tem and City Council Members. In the case of the Mayor, the City
Charter and Municipal Code provide that the Mayor Pro Tem may act in the place of the
Mayor and assumes his or his authority only when the Mayor is absent. Circumstances may
exist where the Mayor is not absent, but cannot or will not carry out his or her duty to execute
a specific contract for legal or personal reasons. In this case, the City Council directed the
City Attorney to prepare an alternative to ensure that the City's business may be conducted
without delay.
The proposed ordinance provides that the Mayor Pro Tem may execute a contract when the
Mayor is absent from the City or cannot or will not execute a contract due to legal or
personal reasons.
Section 421 of the City Charter authorizes the City Council to take this action as it provides,
in part, as follows:
The City shall not be bound by any contract, unless the same shall be made in writing by
order of the City Council, except as hereinafter provided, and signed by an officer on 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 or her designated
representative.
50A-1
Authorize Mayor Pro Tem Authority to Execute Contracts
December 19, 2017
Page 2
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Exhibits: 1. Ordinance
50A-2
SRC 1 210 112 01 7
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA
MUNICIPAL CODE BY AMENDING SECTION 2-101
CONCERNING THE AUTHORITY OF THE MAYOR PRO
TEM TO EXECUTE CONTRACTS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. Chapter 2 of the Santa Ana Municipal Code is hereby amended by
amending Section 2-101 to read as follows:
"Sec. 2-101: — Organization, selection of mayor pro tem and authority to execute
contracts
"The newly elected council shall convene as set forth in the Santa Ana Charter. The newly
elected council shall proceed to organize, and the newly elected mayor shall immediately become
the presiding officer. The council shall thereafter elect a. mayor pro tem by a majority vote of the
council.
At any subsequent meeting of the council, in the absence of the mayor and the mayor pro
tem the clerk of the council shall call the council to order and call the roll of the members. If a
quorum is found to be present, the council shall,- by majority vote of those present, elect a
chairman of the meeting to act during the meeting or until one of the regularly designated
presiding officers shall appear.
The mayor pro tem shall have the same authority as the Mayor has to execute contracts
on behalf of the City Council, even in circumstances when the mayor is not absent, but where the
mayor cannot or will not execute a contract approved by the City Council due to legal or personal
reasons."
Section 2. If any section, subsection, sentence, clause, phrase or portion of this
ordinance 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. The City Council of the City of Santa Ana hereby declares that it would
have adopted this ordinance and each section, subsection, sentence, clause, phrase or
portion thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
y 1
J
ADOPTED this day of 2017
APPROVED AS TO FORM:
By:
S a R. Carvalho,
Ci y Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on , and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council
City of Santa Ana