Morro Bay Municipal Code Ch. 2.16 City Officers

Footnotes:

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For statutory provisions regarding the transfer of the duties of the city assessor and tax collector to the county, or to other city officials, see Gov. Code §§ 51501 and 51507; for provisions regarding official bonds, see Gov. Code §§ 1651 and 36518.

Pursuant to the authority granted by Section 51501 of the Government Code of the state, the assessment and tax collection duties performed by the city assessor and tax collector hereby are transferred to the assessor and tax collector of the county.

(Ord. 6 § 1 (part), 1964: prior code § 2100)

Pursuant to the authority granted by Section 51507 of the Government Code of the state, the duties of the city assessor, other than the assessing of city property and the duties of the tax collector, other than the collection of taxes, are transferred to and shall be performed by the city clerk or such officer of the county as may by contract with the city be designated and authorized to perform such duties.

(Ord. 6 § 1 (part), 1964: prior code § 2100.2)

Any applications required to be filed with the city or fees required to be paid to the city, pursuant to the provisions of this code, shall be filed with or paid to the city clerk unless otherwise by this code provided.

(Ord. 6 § 1 (part), 1964: prior code § 2101)

Editor's note— Ord. No. 606, § 1, adopted August 9, 2016, repealed § 2.16.040, which pertained to city clerk—bond and derived from prior code § 2102 and Ord. No. 6.

Editor's note— Ord. No. 606, § 1, adopted August 9, 2016, repealed § 2.16.050, which pertained to city treasurer—bond and derived from prior code § 2102.1; Ord. No. 6 and Ord. No. 269, 1985.

No person unless authorized by the city clerk, mayor or city attorney, shall remove any papers or documents from the city hall.

(Ord. 6 § 1 (part), 1964: prior code § 2103)

A. The office of the city attorney for the city is created. To be eligible for appointment as city attorney, the appointee shall have been admitted to practice as an attorney at law in all of the state courts of California and the United States District Court for the Central District of California, and shall have been engaged in the practice of law for at least five years immediately prior to his or her appointment.

B. The city attorney shall serve at the pleasure of the city council, and may be removed, at any time, upon an affirmative vote of not less than three members of the council. Notwithstanding the foregoing sentence, the removal of the city attorney shall not affect any contractual obligations of the city to the city attorney.

(Ord. 460 § 1, 1997)

A. The city attorney shall advise the city officials in all legal matters pertaining to city business. The city attorney shall prepare such ordinances, formal resolutions, contracts or other legal instruments as may be required by the city council. The city attorney shall attend all regular and special meetings of the city council, all appeals held before the planning commission, and other meetings as requested by the city council, and give advice or opinions in writing whenever requested to do so by the city council, or with the approval of the city manager, by any of the boards or officers of the city. The city attorney shall approve the form of all bonds given to and all contracts made by the city, endorsing approval thereon in writing. The city attorney shall monitor existing and pending legislation which may affect the city. The city attorney shall periodically report to the city council on pending and threatened litigation in which city is a party or otherwise interested. The city attorney shall perform other legal services required from time to time by the city council.

B. With the consent of the district attorney of the county, the city attorney may prosecute any misdemeanor committed within the city arising out of violation of state law. The city attorney shall also prosecute on behalf of the people of the city all actions for violation of city ordinances or the city's municipal code. Whenever the city attorney is acting as a prosecutor in a criminal case pursuant to this subsection, he or she shall have the power to issue subpoenas in a like manner as the district attorney.

C. With the approval of the city manager, the city attorney may appoint qualified persons as assistant city attorneys, and the city attorney may delegate any or all his or her duties to such assistants. With the approval of the city manager, the city attorney may retain or employ other attorneys, assistants or special counsel as may be needed to take charge of any litigation or legal matters or to assist the city attorney therein.

(Ord. 460 § 2, 1997)

(Ord. No. 557, 5-10-10)

The city manager shall appoint a finance director, who shall serve and perform the duties of the city's chief financial officer and city treasurer, as set forth in Government Code relating to obligations of a city treasurer. Pursuant to Government Code Section 37209, the finance director shall also carry out the duties imposed on the city clerk by Government Code Sections 37203 and 37208.

(Ord. No. 606, § 2, 8-9-16)