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HomeMy WebLinkAbout2010-11-23; City Council; 20400; TREASURER-ELECT IS SEATEDCITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20,400 11/23/2010 CA INTRODUCE AND ADOPT URGENCY ORDINANCE RATIFYING AND AUTHORIZING WARRANTS ISSUED FROM JULY 16, 2010 TO DATE TREASURER-ELECT IS SEATED DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER 6^— RECOMMENDED ACTION: Introduce and Adopt Ordinance No. cs-112 ratifying and authorizing warrants issued from July 16, 2010 to date of newly elected City Treasurer is seated. ITEM EXPLANATION: Carlsbad Municipal Code section 3.32.010(3) requires the signatures of the City Treasurer and the Mayor for all warrants other than payroll. The former City Treasurer died in office on July 16, 2010 and a number of warrants have been issued since then without the required signature of the City Treasurer. This urgency ordinance will ratify and guarantee all warrants issued from July 16, 2010 to the date that the newly elected City Treasurer is seated as valid, enforceable and payable not withstanding CMC 3.32.010(3) provided they are signed by the Mayor and the Finance Director FISCAL IMPACT: There will be no anticipated fiscal impact from ratifying previously budgeted and previously issued warrants or designee. ENVIRONMENTAL IMPACT: This ordinance amendment is not a "project" within the definition of the California Environmental Quality Act in that it does not have a direct or indirect impact on the physical environment under CEQA Regulation 153789(b). EXHIBITS: 1. Ordinance No. CS-112 DEPARTMENT CONTACT: Ron Ball 760-434-2891 ron.ball@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED «Dnnn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER -SEE MINUTES Dnnn 1 ORDINANCE NO. CS-112 2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 3 RATIFYING AND AUTHORIZING WARRANTS ISSUED FROM JULY 16, 2010 TO DATE TREASURER - ELECT IS SEATED 5 WHEREAS, Carlsbad Municipal Code section 3.32.010(3) requires the 6 signatures of the City Treasurer and the Mayor for all warrants other than payroll 4 7 8 9 10 16 17 24 25 warrants; and WHEREAS, the former City Treasurer died in office on July 16, 2010 and a new City Treasurer was not elected until the election of November 2, 2010; 11 and 12 WHEREAS, the City Treasurer-elect has not yet been seated; and 13 WHEREAS, a number of warrants have been issued without the 14 required signatures of the City Treasurer; and 1 3 WHEREAS, the City Council wishes to ratify and guarantee payments of those warrants which were due and payable; and WHEREAS, the continued uncertainty as to the validity of those 19 18 payments should be rectified and corrected immediately. 20 NOW, THEREFORE, the City Council of the City of Carlsbad ordains 21 as follows: 22 23 SECTION I: That the above recitations are true and correct. SECTION II: Warrants issued from July 16, 2010 to the date that the newly elected City Treasurer is seated shall be valid, enforceable and payable 26 notwithstanding CMC section 3.32.010(3) provided they are signed by the 27 Mayor and the Finance Director or designee. 28 -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EFFECTIVE DATE: This ordinance shall be effective immediately upon passage and shall be of no further force after the newly elected City Treasurer is seated. The City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. sped alINTRODUCED, PASSED AND ADOPTED at a/GegwIap meeting of the Carlsbad City Council on the 23rd day of November, 2010. AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Kulchin. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY p\ _ „ { yvpL*.*-. <£=>_ f<-» \ czgjeg__, RONALD R. BALL, City Attorneytf-tt-to ,/97^^ * "LORRAINEm WOOD, City Clerk (SEAL)