Needles Municipal Code Art. V The Council

At the first general municipal election and at all subsequent general municipal elections following approval of these Charter amendments by the electorate, three members of the council shall be elected, the three candidates having the highest number of votes at such election to serve for a term of four years. Ties among candidates for any office shall be settled by the drawing of lots.

The term of each member of the council shall commence on the first Tuesday following his election. Any candidate who is elected shall qualify within ten days after receiving his certificate of election. (A.C.R. No. 231, 4-29-74)

No person shall be eligible to be nominated or hold office as a member of the council unless that person is qualified to be nominated and hold office under applicable state law. (Res. No. 1-4-82-4, 1982; Res. No. 4-27-04)

No member of the council shall hold any other city office or city employment except as otherwise provided by this Charter.

No member of the council shall be eligible to be appointed to any city position, office or employment which was created or the compensation of which was increased by the council while he was a member thereof, until one year after the expiration of the term for which he was last elected or appointed.

Each member of the council shall be entitled to receive a salary of one dollar per calendar month. Members of the council shall also be entitled to reimbursement on order of the council for council authorized traveling expenses and other expenses actually incurred when on official duty or order of the council. Members of the council shall receive no other compensation from the city.

Vacancies in the council from whatever cause arising shall be filled either by appointment by the council or by election. Within 30 days of the occurrence of a vacancy in the council, the council shall either appoint a person to hold office for the unexpired term of the former incumbent or call a special election to fill the vacancy. If the council calls a special election to fill the vacancy, upon the calling of the special election, the council may appoint a person to hold office until the date of the special election.

If at the time a vacancy occurs, the council has three or more appointive members, the council must call a special election to fill the vacancy and may appoint a person to hold office until the date of the special election.

A special election called to fill a vacancy shall be held on the date of the next regularly-scheduled election to be held throughout the City, not less than 90 days from the calling of the special election. (Amended by vote of the people 4-9-96)

All powers of the city shall be vested in the council, and said council may establish the method by which any of such powers may be exercised, except as otherwise provided in this charter.

The council shall hold regular meetings at least once each month at such times as it shall fix by ordinance or resolution and may adjourn or readjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment and when so adjourned each adjourned meeting shall be a regular meeting for all purposes. If the hour to which a meeting is adjourned is not stated in the order of adjournment such meeting shall be held at the hour for holding regular meetings. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day.

Special meetings may be called at any time by the mayor, or by four members of the council by written notice delivered personally to each member at least twenty-four hours before the time specified for the proposed meeting. A special meeting may also be validly held without the giving of such written notice, if required to be held by this Charter or if all members shall give their consent, in writing, to the holding of such meeting and such consent is on file in the office of the city clerk at the time of such meeting. A telegraphic communication from a member consenting to the holding of a meeting shall be considered a consent in writing. At any special meeting only such matters may be acted upon as are referred to in such written notice or consent.

All meetings shall be held in the Council Chambers of the City Hall, or in such place to which any such meeting may be adjourned, and shall be open to the public. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the place designated, the meetings may be held for the duration of the emergency at such place as is designated by the mayor, or, if he should fail to act, by four members of the council.

A majority of the members of the council shall constitute a quorum to do business but a less number may adjourn from time to time. In the absence of all the members of the council from any regular meeting or adjourned regular meeting, the city clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by the clerk shall be given by the clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the council, but need not specify the matters to be acted upon. The council shall judge the qualifications of its members as set forth by the Charter.

Each member of the council shall have the power to administer oaths and affirmations in any investigation or proceeding pending before the council. The council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Subpoenas shall be issued in the name of the city and be attested by the city clerk. Disobedience of such subpoenas, or the refusal to testify (upon other than constitutional grounds), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable.

No citizen shall be denied the right personally, or through counsel, to present grievances or offer suggestions for the betterment of municipal affairs, at any regular meeting of the council, nor to speak to the subject of any special meeting.

The council may establish rules for the conduct of its proceedings and evict or prosecute any member or other person for disorderly conduct at any of its meetings.

The following Rules and Procedures were adopted by Resolutions as noted in the history at the end of this Section.

RULES AND PROCEDURES

Section 1: Study Sessions

The Council may, from time to time, meet in study sessions, open to the public, at a time and place designated by the Mayor. The nature of such sessions will be given at the prior City Council meeting, or by the City Clerk to the local news media, at least seventy-two (72) hours in advance of such meeting. The purpose of such a meeting shall be for hearing reports from the Staff and reviewing, discussing and debating matters of interest to the City. No official action shall be taken at a study session. The participation of the public in such session shall be subject to the discretion of the Presiding Officer.

Section 2: Council Agenda

In order to facilitate the orderly conduct of the business of the City Council, the City Clerk shall be notified no later than 12:00 p.m., Tuesday, seven (7) days preceding a regular council meeting, of all reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the City Council at such meeting. All matters shall be in proper form for City Council action at the time they are submitted to the City Clerk. Thereafter, the City Clerk shall arrange a list of such matters (the agenda) according to the order of business and furnish each member of the City Council, the City Manager and City Attorney, each department head and/or any other party who has provided the City Clerk with a self-addressed, stamped envelope, with a copy of the same prior to the Council meeting and as far in advance of the meeting as time for preparation will permit. No matters other than those on the agenda shall be finally acted upon by the City Council unless the Mayor or a member of the City Council, the City Manager, or City Attorney so requests. Any matter to be acted on not otherwise on the agenda and not posted at least seventy-two (72) hours before such regular meeting, shall be placed on the agenda for action only in accordance with Section 54954.2(b) of the Government Code. Any item upon which action is proposed to be taken and a request for consideration to place on the agenda in accordance with the aforementioned Government Code Section, shall be provided to the Mayor, all members of the City Council, the City Manager and City Attorney, as early as possible prior to said meeting.

Section 3. Correspondence

1. Availability to public Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City shall not be a matter of public record until received by the City Council. Correspondence received in the City Clerk's office or other offices after twelve p.m., Tuesday, seven (7) days preceding a regular Council meeting, shall not be placed on the agenda unless it concerns a matter to be considered by the City Council at the next regular meeting, or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the City Council. Correspondence shall not be read aloud at the City Council meeting unless requested by a majority vote of the Council.
2. Authority of City Manager The City Manager's office is authorized to open and examine all mail or other written communications addressed to the Mayor. The City Manager's office shall open and examine mail addressed to a Council Member only when directed to do so by the individual Council Member. Any correspondence opened by the City Manager's office shall be given warranted attention to the end that all administrative business referred to in the communications and not requiring City Council action may be acted upon between Council meetings.

Section 4. Quorum

A quorum shall consist of a majority of the Council Members holding office, but no quorum shall consist of less than four Council Members. The Mayor or the Presiding Officer shall not be counted for the purpose of determining whether a quorum is present. In the absence of all the members of the Council from any regular meeting or adjourned regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by the City Clerk shall be given by the Clerk or may be waived by consent in the same manner as specified in the Charter for the giving or waiving of notice of special meetings of the Council.

Section 5. Maintenance of Order

The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair. All questions and remarks should be addressed to the Chair.

Section 6. Rules, Decorum and Order

1. Points of Order The Presiding Officer shall determine all Points of Order subject to the rights of any member to appeal to the Council. If any appeal is taken, the question shall be: "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order.

2. Decorum and Order - Council Members Any Council Member desiring to question the administrative staff shall address his question to the City Manager or City Attorney who shall be entitled either to answer the inquiry himself or to designate some member of the staff for that purpose.

3. A Council Member, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Council Member, or unless the speaker chooses to yield to questions from another Council Member.

4. The Mayor and Council Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Council, and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. The Council may evict or prosecute any member or other person for disorderly conduct at any of its meetings.

5. Any Council Member may move to require the Presiding Officer to enforce the rules and the affirmative vote of a majority of the Council shall require him to so act.

6. No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. If a member believes that their discussion, either being verbose or as dialogue between that member and staff, etc., will exceed three (3) minutes, shall ask the Mayor for approval. If challenged by another Council Member, that request shall be put to a vote of the Council.

7. Any member shall have the right to express dissent from or protest to any action of the City Council and have the reason entered in the Minutes. Such dissent or protest to be entered in the Minutes shall be made in the following manner: "I would like the Minutes to show that I am opposed to this action for the following reasons... "

8. In the absence of a rule to govern a point of procedure, the decision of the Presiding Officer shall be final and binding, unless successfully appealed under the procedure described in subsection (1) above.

9. The right of a member to address the Council on a question of a personal privilege shall be limited to cases in which his integrity, character, or motives are assailed, questioned or impugned.

10. Employees Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council. The City Manager shall insure that all City employees shall observe such decorum. Any staff member, including the City Manager, desiring to address the Council or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Council Member or public member.

11. Public Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council. Any persons making impertinent and slanderous remarks or who become boisterous while addressing the Council or while attending the Council meeting shall be removed from the room by direction of the Presiding Officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells, clapping and similar demonstrations shall not be permitted by the Presiding Officer, who shall direct the removal of such offenders from the room. Aggravated cases may be prosecuted and appropriate complaints signed by the Presiding Officer.

Section 7. Presiding Officer

The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Vice Mayor shall preside. In the absence of both the Mayor and Vice Mayor, the Council shall elect a temporary Presiding Officer to serve until the arrival of the Mayor or Vice Mayor or until adjournment.

1. Call to Order The meeting of the Council shall be called to order by the Mayor or in his absence by the Vice Mayor. In the absence of both the Mayor and the Vice Mayor, the meeting shall be called to order by the City Clerk, whereupon the City Clerk shall immediately call for the selection of a temporary Presiding Officer.

2. Participation of a Temporary Presiding Officer The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members. However, the Presiding Officer shall not be empowered to move or second Council action and shall be empowered to vote only to break a tie.

The Presiding Officer is primarily responsible for the conduct of the meeting. If the Presiding Officer desires to personally engage in extended debate on questions before the Council, he/she should consider turning the Chair over to another member.

3. Signing of Documents Subject to Council policy, the Mayor shall sign ordinances, resolutions and contracts approved by the Council at meetings at which he is in attendance. In the event of his absence, the Vice Mayor shall sign all such documents as have been adopted and approved by the Council. In the absence of the Mayor and the Vice Mayor, the temporary Presiding Officer shall sign all documents as have been approved by the Council at meetings at which he is in attendance. In the event of his absence, the Vice Mayor shall sign all such documents as have been adopted and approved by the Council. In the absence of the Mayor and the Vice Mayor, the temporary Presiding Officer shall sign all such documents as have been approved and adopted during the meeting at which he or she presided.

4. Maintenance of Order The Mayor or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair. All questions and remarks should be addressed to the Chair.

Section 8. Motions

1. Processing of Motions When a motion is made and seconded, it shall not be withdrawn by the member without the consent of the member seconding it.

2. Motions Out of Order The Presiding Officer may, at any time by majority consent of the Council, permit a Member to introduce an ordinance, resolution, or motion, out of the regular agenda order.

3. Division of Question If the question contains two or more divisionable propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same.

4. Precedence of Motions When a Motion is before the Council, no Motion shall be entertained except the following which shall have precedence irt the following order: Adjourn -- Fix Hour of Adjournment -- Table -- Previous Question -- Amend -- Postpone

5. Motion to Adjourn (Not debatable). A motion to adjourn shall be in order at any time except as follows:

a. When repeated without intervening business or discussion.

b. When made as an interruption of a member while speaking. c. When the previous question has been ordered. d. While a vote is being taken.

A Motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned.

6. Motion to Fix Hour of Adjournment Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and unamendable except as to time set. 7. Motion to Table A motion to table shall be used to temporarily bypass the subject. A motion to table shall be undebatable and shall preclude all statements or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular meeting. 8. Motion for Previous Question Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 9. Motion to Amend A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. Amendments shall be voted on first, then the main motion as amended. 10. Motion to Continue Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set.

Section 9. Voting

1. Voting Procedure Should there be any question about the matter, the City Clerk shall verbally restate the question immediately prior to the Presiding Officer calling for the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 2. Majority Vote of Council No ordinance or resolution or order for the payment of money shall be passed or become effective without receiving the affirmative vote of at least four members of the Council. All other actions taken by the Council may be approved by a simple majority vote of a quorum of the Council. 3. Reconsideration Reconsideration of any item shall be done immediately. 4. Recording The City Clerk shall enter in full upon the record the results of all votes taken. An abstention vote shall be counted with and in support of a majority of a quorum.

Section 10. Committees of the Council

From time to time, the City Council may appoint committees for the purpose of investigating, researching or studying particular matters or issues. After studying a particular matter, a committee may recommend certain actions to the City Council. Such committees shall consist of less than a quorum of the City Council, and the role of such committees shall be purely advisory.

1. Ad Hoc Committees Ad hoc committees composed solely of member of the Council which are less than a quorum of the Council shall generally not be subject to the open meeting requirements and notice requirements established in Government Code Section 54953 et seq. If, however, the committee exercises authority delegated by the City Council, it shall comply with the open meeting requirements of the Brown Act. 2. Standing Committees Standing Committees of the City Council which are comprised of less than a quorum of the legislative body shall comply with the open meeting requirements pursuant to developing judicial interpretation of the Brown Act.

Section 11. Powers and Responsibilities of the Council

1. Powers All powers of the City shall be vested in the Council, and the Council may establish the method by which any of such powers may be exercised, except as restricted by the Charter. No Council Member shall have the power or authority to act on behalf of the City Council without the prior express authorization of the City Council. 2. Responsibilities

a. It shall be the responsibility of the Council to control and direct the City, maintain and upgrade the standards and facilities in the City and to discipline Council Members who fail to abide by Council policy. b. It shall be the responsibility of Council Members to attend Council meetings, study materials presented with the agenda prior to attending Council meetings, participate in discussions and debates on matters before the Council and vote on all motions and resolutions, abstaining only if necessary. c. Upon request, the City Council may authorize members of the Council to attend meetings of private or public organizations. The Council may also appoint members of the Council to act as the official representative of the City Council at meetings of standing private or public organizations. The Council may expressly adopt positions on the issues to be addressed at such meetings, and the attending member may state the Council's positions during such meetings. If the Council has not expressly adopted a position on an issue, the attending member shall comment on that issue only after clearly stating that the Council has not adopted a position on the issue, and that his/her views do not necessarily reflect the views of the Council. The City shall reimburse the attending Council Member for all reasonable travel expenses incurred while attending a meeting pursuant to the Council's approval, or as the appointed representative of the Council. Council Members may, as members of the public, attend such meetings without the Council's approval. However, prior to offering comment or engaging in discussion at such meetings, the attending Council Member shall clearly state that he/she is attending the meeting as a private citizen, and that his/her views do not necessarily reflect the views of the Council. The City shall not reimburse Council Members for expenses incurred while attending a meeting without the Council's prior approval. d. Council Members shall neither exercise administrative responsibilities, nor become directly involved in the day-to-day conduct of City affairs. e. No Council Member shall command the services of a City employee.

Section 12. City Manager Responsibilities

1. The City Manager shall be the chief administrative officer of the City. He shall be respons-ible to the Council for the proper administration of all affairs of the City. The City Manager shall have the power and be required to:

a. Appoint, and he may suspend or remove, all department heads, officers and employees of the City except elected officers and those department heads, officers and employees the power of whose appointment is vested in the Council. He may authorize the head of any department or office to appoint or remove subordinate in such department or office. b. Prepare the budget annually, submit it to the Council and be responsible for its administra-tion after its adoption. c. Prepare and submit to the Council as of the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding fiscal year. d. Keep the Council advised of the financial conditions and future needs of the City and make such recommendations on any matter which he deems desirable. e. Establish a centralized purchasing system for all City officers, departments and agencies. f. Prepare rules and regulations governing the contracting for, purchasing, inspection, storing, inventory, distribution or disposal of supplies, materials and equipment required by an office, department or agency of the City government and recommend them to the Council for adoption by ordinance. g. See that the laws of the state pertaining to the City, the City Charter and ordinances, franchises and rights of the City are enforced. h. Make investigations into the affairs of the City, or any department or division thereof on any contract, or the proper performance of any obligation running to the City. i. Exercise control over all administrative offices and departments of the City and over all appointed officers and employees except those appointed by the Council. j. Perform such other duties as may be required of him by the Council provided they are not inconsistent with the City Charter.

2. The City Manager shall be accorded a seat at the Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. He shall receive notice of all special meetings of the Council, boards and commissions. 3. The City Manager may prescribe such general rules and regulations as he may deem necessary or expedient for the general conduct of the administrative offices and departments of the City under his jurisdiction. 4. The City Manager shall appoint, subject to the approval of the Council, one of the other officers of the City to serve as manager pro tempore during any temporary absence or disability of the City Manager. If he fails to make such appointment, the Council may appoint a manager pro tempore. 5. Subject to the approval of the Council, the City Manager may act as head of any office, department or agency of the City under his control for which he is qualified by training or experience. the City Manager should act as head of any office, department or agency of the City under his control for which he is qualified by training or experience. If the City Manager should act as a Director of Public Utilities, the approval of the Board of Public Utilities shall also be required. 6. Except as otherwise provided above, and in the City Charter, neither the Mayor nor the Council nor any of its members shall interfere with the execution by the City Manager of his powers and duties, or order, directly or indirectly, the appointments by the City Manager, or by any of the department heads in the administrative service of the City, or any person to any office or employment, or his removal therefrom. Except for the purpose of inquiry, the Mayor, the Council, or its members shall deal with the administrative service under the jurisdiction of the City Manager solely through the City Manager, and neither the Mayor nor the Council, nor any member thereof, shall give orders to any subordinate of the City Manager, either publicly or privately.

HISTORY Adopted by Res. 9-8-98 RULES AND PROCEDURES on 9/8/1998 Recorded by Policy RULES AND PROCEDURES on 9/8/1998 Amended by Res. 10-23-2007-2 on 10/23/2007 Amended by Res. 12-9-2008-5 on 12/9/2008 Amended by Res. 2015-15 on 2/24/2015

Legislative action shall be taken by the council only by means of an ordinance or resolution.

With the sole exception of ordinances which take effect upon adoption referred to in this article, no ordinance shall be adopted by the council on the day of its introduction, nor within five days thereafter nor at any time other than at a regular or adjourned regular meeting nor until at least two days after such ordinance shall have been published as required in this Charter. At the time of introduction or adoption of an ordinance or resolution it shall be read in full unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the councilmen present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting, held not less than five days after the date upon which such ordinance was so altered nor until at least two days after the same shall have been published as so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence.

No order for the payment of money shall be adopted or made at any meeting other than a regular or adjourned regular meeting.

Any ordinance declared by the council to be necessary as an emergency measure for preserving the public peace, health or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by at least five affirmative votes.

Upon the adoption of any ordinance or order for the payment of money the clerk shall call the roll and shall cause the ayes and noes to be entered in the minutes of the meeting. Upon the request of any member the ayes and noes shall be taken and recorded on any vote.

No ordinance or resolution or order for the payment of money shall be passed or become effective without receiving the affirmative votes of at least four members of the council.

In addition to such acts of the council as are required by other provisions of this Charter to be by ordinance, every act of the council establishing a fine or other penalty, or granting a franchise, shall be by ordinance.

The enacting clause of all ordinances adopted by the council shall be substantially as follows: "The City Council of the City of Needles does ordain as follows:".

All ordinances and resolutions shall be signed by the mayor and attested by the city clerk.

No ordinance adopted by the council shall become effective until thirty days from and after the date of its adoption, except the following, which shall take effect upon adoption:

1. An ordinance calling or otherwise relating to an election;
2. An improvement proceeding ordinance adopted under some law or procedural ordinance;
3. An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property;
4. An emergency ordinance adopted in the manner provided for in this article;
5. An ordinance providing for a tax levy or appropriation for the usual current expenses of the city.

A violation of any ordinance of the City shall constitute a misdemeanor, however the City may in its discretion prosecute any such violation as an infraction rather than a misdemeanor. As an alternative to criminal prosecution, the City may redress any violation of a city ordinance by civil action. The maximum fine and penalty for such violation shall be the maximum fine and penalty allowed by the State of California for violations of city ordinances on the date the violation occurs. (Amended by vote of the people 4-9-96)

The amendment of any section or sections of an ordinance may be accomplished solely by the re-enactment of such section or sections at length, as amended.

Except as otherwise provided in this Charter, the city clerk shall cause each proposed ordinance, other than an emergency ordinance, to be published at least once in the official newspaper within ten days after its introduction; or, as an alternative method of publication, upon order of the council, copies of any such proposed ordinance shall be posted in three prominent places in the city and a single publication made in the official newspaper of a notice setting forth the title of the ordinance, the date of its introduction and a list of the places where copies of the proposed ordinance are posted, all within ten days after its introduction.

The city clerk shall cause each emergency ordinance to be published at least once in the official newspaper within fifteen days after its adoption.

Any or all ordinances of the city which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purposes. Such code need not be published in the manner required for other ordinances, but not less than three copies thereof shall be filed for use and examination by the public in the office of the city clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Amendments to the code shall be enacted by ordinance.

Detailed regulations pertaining to the construction of buildings, plumbing, wiring, or other subjects which require extensive regulations, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this section. Maps, charts and diagrams also may be adopted by reference in the same manner.

The council shall not have the power to make or authorize any contract or lease or extension thereof for a longer period than fifty years unless said contract, lease or extension be approved by a majority of those qualified electors of the city voting on such question at any election. This section shall not apply to any franchise granted pursuant to the provisions of this Charter or to any contract for the furnishing or acquisition of the products, commodity, facilities or services of any public utility. (4-12-66)

The city shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the council and signed on behalf of the city by the mayor and city clerk or by such other officer or officers as shall be designated by the council. Any of said officers shall sign a contract on behalf of the city when directed to do so by the council.

Except as otherwise provided in this Charter, by ordinance or resolution, the council may authorize the city manager to bind the city, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the council, and may impose a monetary limit upon such authority.

The council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the city service or not fit for the purpose for which intended, and for the conveyance of title thereto.

Contracts for the sale of the products, commodities, or services of any public utility owned, controlled or operated by the city may be made by the manager of such utility or by the head of the department or city manager upon forms approved by the city manager and at rates fixed by the council.

The provisions of this section shall not apply to services rendered by any person in the employ of the city at a regular salary.