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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />DECEMBER 19, 2017 <br />TITLE: <br />ORDINANCE AUTHORIZING MAYOR PRO <br />TEM TO EXECUTE CONTRACTS PER CITY <br />CHARTER SECTION 421 <br />{STRATEGIC PLAN NO. 51 1} <br />l/ CITY MANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on 151 Reading <br />❑ Ordinance on 2nd Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Adopt ordinance authorizing Mayor Pro Tem to execute contracts in the absence of the <br />Mayor or in circumstances when the Mayor legally cannot or will not execute contracts as <br />provided for in the City Charter. <br />DISCUSSION <br />The City Charter and the Municipal Code specify the various duties and responsibilities of <br />the Mayor, Mayor Pro Tem and City Council Members. In the case of the Mayor, the City <br />Charter and Municipal Code provide that the Mayor Pro Tem may act in the place of the <br />Mayor and assumes his or his authority only when the Mayor is absent. Circumstances may <br />exist where the Mayor is not absent, but cannot or will not carry out his or her duty to execute <br />a specific contract for legal or personal reasons. In this case, the City Council directed the <br />City Attorney to prepare an alternative to ensure that the City's business may be conducted <br />without delay. <br />The proposed ordinance provides that the Mayor Pro Tem may execute a contract when the <br />Mayor is absent from the City or cannot or will not execute a contract due to legal or <br />personal reasons. <br />Section 421 of the City Charter authorizes the City Council to take this action as it provides, <br />in part, as follows: <br />The City shall not be bound by any contract, unless the same shall be made in writing by <br />order of the City Council, except as hereinafter provided, and signed by an officer on behalf <br />of the City who has been authorized to do so by the City Council. The approval of the form of <br />all contracts shall be endorsed thereon by the City Attorney, or his or her designated <br />representative. <br />50A-1 <br />