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HomeMy WebLinkAbout458NO. 458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE AMENDING TITLE 3 OF THE IRWINDALE MUNICIPAL CODE BY REPEALINGo IN ITS ENTIRETY SECTION 3.04.080 AND ADOPTING A NEW SECTION 3.04.080 PERTAINING TO FORMS OF DEMANDS, METHODS OF DRAWING DEMANDS AND SIGNATURES THEREON. A. Recitals. (i) The efficiency of the conduct of the business of the City will be enhanced by authorizing the inscription of City warrants to be accomplished by utilization of a facsimile 0 signature in lieu of manual signatures. The Irwindale Municipal Code does not provide for the utilization of facsimile signatures for all officials who may be required to sign a warrant. (ii) The City Council desires to provide for the signature upon warrants of the City to be accomplished via facsimile signatures rather than by manual signature except in certain circumstances. (iii) All legally required preconditions to the adoption of this Ordinance have occurred. B. Ordinance. The City Council of the City of Irwindale does ordain as follows: Section 1. In all respects as set forth in Recitals, Part A, of this Ordinance. Section 2. Section 3.40.080 of Chapter 3.40 of Title 3 of the Irwindale Municipal Code, as previously adopted, is hereby 1' repealed in its entirety. 1 eo,' Section 3. A new Section 3.40.080 of Chapter 3.40 of Title 3 of the Irwindale Municipal Code is hereby adopted, to read, in words and figures as follows: 113.04.080 Warrants -Contents and Signature Requirements. "A. The City Council shall, by resolution, prescribe printed forms for demands and the method of drawing warrants, orders or checks in payment of demands allowed or ordered paid as provided for in this chapter. "B. All warrants, orders or checks upon the city treasury for the payment of any money shall be signed by at least two (2) of the following officers of the City: (1) Mayor or the Vice Mayor in the absence of the Mayor; (2) Finance Director or, in his or her absence, by that person designated as the Deputy Finance Director by minute motion of the City Council; (3) City Manager or, in his or her absence, by that person designated by minute motion of the City Council as the Acting City Manager. "C. In every warrant, order or check so drawn shall be specified the name of the person to whom the same is payable, the date and amount thereof, and the services or indebtedness for which it is to be made payable to the person named therein or to his or her order. E I'D. Any person required or authorized pursuant to this section to sign or countersign any warrant, order or check upon the city treasury may execute such warrant, order or check by means of a facsimile signature in lieu of his or her manual signature, upon the filing and certification of such person's manual signature in accordance with the Uniform Facsimile Signature of Public Officials Act (California Government Code, Sections 5500 et seq.) as the same now exists or as may be amended from time to time. Whenever any warrant, order or check is for an amount payable in excess of twenty-five thousand dollars ($25,000.00), at (O'�` least one (1) of the signatures required or permitted hereinabove shall be affixed manually and not through the use of a facsimile signature." Section 4. Penalty for violation of ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance, or failing to comply with any of its requirements, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, e*N firm, partnership, or corporation shall be deemed guilty of a 3 separate offense for each and every day or any portion thereof during which any violation of this Ordinance is committed, continued, or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefore as provided in this Ordinance. Section 5. Civil remedies available. The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of a restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of nuisance. Section 6. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 7. The City shall publish this Ordinance in the manner required by law. 10th December ADOPTED AND APPROVED this day of 4kwember, 1992. Mayor 4 I, Camille Diaz Deputy, City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Irwindale held on the 12th day of November, 1992, and was finally passed at a regular meeting of the City Council of the December City of Irwindale held on the 10th day of -mar-,- 1992, by the following vote: AYES: Miranda, J., Miranda, P., Breceda, Barbosa, and Diaz NOES: None ABSENT: None ABSTAINED: None ATTEST: Deputy City Clerk of t City of Irwinda Ue L\1021kORDEMNDSkI 1.3 5