HomeMy WebLinkAboutOrd 1890ORDINANCE NO. 1 890
ORDINANCE OF THE CITY OF BURLINGAME AMENDING TITLE 3 OF
THE BURLINGAME MUNICIPAL CODE, CHAPTERS 3.04 CITY MANAGER
AND 3.05 CITY ATTORNEY, TO CONFER CONTRACTING SIGNATURE
AUTHORITY ON THE CITY MANAGER FOR ALL CITY CONTRACTS
UNDER $100,000 AND THE CITY ATTORNEY FOR RETENTION OF
OUTSIDE LEGAL COUNSEL AND TO PROVIDE FOR LIMITED
SETTLEMENT AUTHORITY EXERCISABLE BY THE CITY ATTORNEY
AND CITY MANAGER
WHEREAS current Chapter 3.04 of the Burlingame Municipal Code addresses the role of City
Manager and Chapter 3.05 addresses that of the City Attorney; and
WHEREAS current Section 2.28.040 addresses the authority of the Finance Director and
Director of Public Works to enter into contracts under the informal bidding procedures set out in
Chapter 2.28, but is silent as to the authority of the City Manager; and
WHEREAS the Code is silent as to the authority of the City Attorney to retain outside expert
counsel where necessary to advise the City; and
WHEREAS existing claims settlement authority is limited to $5,000 for the City Attorney acting
alone and $7,500 with the City Manager's concurrence; and
WHEREAS a review of the City's procedures and statewide best practices indicates that these
provisions should be adjusted to clarify signature authority and increase settlement authority, in
order to promote efficiency of the City's operations;
NOW, THEREFORE, the City Council does hereby ordain as follows:
DIVISION 1:
Burlingame Municipal Code Section 3.04.040 is hereby amended as follows:
(1) Section 3.04.04, "Duties," shall be re -titled "Powers and Duties", and
(2) Section 3.04.04 (h) shall be amended to insert the additional language as follows: "(h) To
purchase all supplies for all of the departments or divisions of the city and to enter into
contracts on behalf of the city as provided herein and by any governine purchasing policy.
The city manager shall exercise up to $100,000 in contracting signature authority,
consistent with the city's budget as adopted or amended by the city council No
expenditure shall be submitted or recommended to the city council, except on report or
approval of the city manager."
(3) Section 3.04.04 0) shall be amended to insert the additional language as follows: "(j)
To investigate all complaints in relation to matters concerning the administration of the city
government and in regard to the service maintained by public utilities in the city, and to see
that all franchises, permits and privileges granted by the city are faithfully performed and
observed. The city manager shall be authorized to settle claims and litigation brought or
asserted against the city, on the recommendation of the city attorney, in an amount ugto
$20.000."
Burlingame Municipal Code Section 3.05.040 is hereby amended as follows:
(1) Section 3.05.040 (c) shall be amended to insert the additional language as follows: "(c)
Represent and appear for the city, its authorized agents, officers and employees, in any
and all actions and proceedings in which the city, or its agents, officers or employees, in
or by reason of their official capacity only, is concerned or is a parry thereto. The city
council shall have control of all legal proceedings, however, and shall direct and control
the prosecution and defense of all actions and proceedings to which the city is a party or
in which it is interested, and may employ special counsel, if it feels the interests of the
city require same, to assist the city attorney, or to prosecute or defend in any such action
or proceeding. The city attorney shall be authorized to enter into settlements of claims or
litigation brought or asserted against the city in an amount up to $15,000 acting alone and
in an amount un to $20,000 with the city manager's concurrence Such settlements shall
be reported to the city council on a fiscal year basis;"
(2) Section 3.05.040 0) shall be amended to insert the additional language as follows: "(j)
Act as director of the legal department, subject to the general administrative direction of
the city council. The city attorney shall have the authority to retain expert outside
counsel to advise the city when in his or her opinion such assistance of counsel is
necessary to the provision of legal services to the cites
DIVISION 2:
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid.
DIVISION 3:
This Ordinance shall be published once in full before its final passage in a newspaper of
general circulation, published, and circulated in the City of Burlingame, and shall be in full force
and effect thirty (30) days after its final passage.
ANN KEIGIIRAN, Mayor
I, MARY ELLEN KEARNEY, City Clerk of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held on the
7thday of October
2013 and adopted thereafter at a regular meeting of the City
Council held on the 21 stday of October 2013, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL,
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
MARY ELLEN KEARNEY, City
0
KEIGHRAN, NAGEL