Note: It was held in the case of Logan et ux., v. City
of Glendale et al., 132 Cal. App. 169, 22 P. (2d) 552, that providing
an ornamental street lighting system of the city is a governmental
function falling within police power and that it is not part of a
public utility and may be financed by assessment. See also, Logan
v. City of Glendale et al., 102 Cal. App. (2d) 864, 229 P. (2d) 128.
As to control of Charter provisions by bond ordinance,
see Charter, Art. XXVI, § 5.
The director of administrative services shall be the general
accountant of the city. He shall receive and preserve in his office
all accounts, books, vouchers, documents and papers relating to accounts
and contracts of the city, its disbursements, revenues and other financial
affairs. He shall keep an account of all moneys paid into and out
of the treasury, and shall draw and sign all warrants on the treasurer
for payment of money out of the treasury, except as otherwise provided
in this Charter or by general law. The city clerk shall furnish the
director of administrative services with copies of all ordinances,
resolutions and orders of the council making appropriations or authorizing
expenditures of money for any purpose. All orders for the purchase
of goods, materials or supplies, and all orders or contracts proposed
to be entered into by the city by virtue of which any money shall
or may become payable by the city, except contracts, the expense of
which is to be paid by assessments upon properties benefited or affected
thereby, shall before becoming effective, on behalf of the city, be
presented to the director of administrative services and have indorsed
thereon his certificate that there remains unexpended and unapplied
in the city treasury as provided by this Charter, a balance of the
appropriation or fund applicable thereto sufficient to pay the estimated
expense to be incurred during the then current fiscal year under said
order or contract as estimated by the board or officer making the
same, or that adequate provision therefor has been made in the tax
levy, or by other revenues to be received by the city as estimated
in the budgets. It shall be the duty of the director of administrative
services to make such endorsement upon every such contract or order
so presented to him if there remains unexpended and unapplied the
said estimated amount in any appropriation fund or tax levy, or other
estimated revenue applicable thereto, and thereafter he shall hold
and retain the said amount to pay the expense to be incurred under
said order or contract until the same is fully performed and expense
paid.
Editor's Note: The catchline of this section originally
read as follows: "Controller."
(Res. No. 04-238 § 1,
2004)
The city treasurer shall receive and safely keep and pay out
as directed in this Charter all moneys belonging to the city and all
moneys received by or coming into the hands of any officer, board,
department or employee of the city and shall keep an exact account
of receipts and disbursements.
Editor's Note: The catchline of this section originally
read as follows: "Treasurer."
All demands against the city shall, before being paid, be presented
to and approved by the proper commission or officer, as herein provided.
Demands for which no appropriation has been made shall be presented
to the council; and all other demands shall be presented to the city
manager; provided that any person dissatisfied with the refusal of
the city manager to approve any demand, in whole or in part, may present
the same to the council, and the approval of such demand by the council
shall have the same effect as its approval by the city manager; and
provided further, that if the council shall provide for a park, playground
and recreation center commission, a social service commission, or
a city planning commission, it may make provision for the presentation
to and approval by any such commission of demands for liabilities
incurred by it. The council by ordinance may provide for petty cash
funds for payment in cash, of expenditures provided for in the budgets
that cannot conveniently and economically be paid otherwise. When
making demands for the replenishment of the same, the persons entrusted
with the funds shall account for all disbursements, and the amounts
so expended shall thereupon be charged against the proper appropriations.
(1921; 1953; 1959.)
Editor's Note: The catchline of this section originally
read as follows: "Presentation of demands."
All demands approved by the proper board, commission or officer
shall be presented to the director of administrative services, who
shall examine the same; and if the amount thereof is legally due and
there remains on his books an unexhausted balance or an appropriation
against which the same may be charged, he shall approve such demand
and draw and sign his warrant on the treasurer therefor, payable out
of the proper fund. Objections of the director of administrative services
to any demand may be overruled by the council, and the director of
administrative services shall thereupon draw his warrant as directed
by the council. Such warrants when presented to the treasurer, shall
be paid by him out of the fund therein designated, if there be sufficient
money in such fund for that purpose. A warrant not paid for lack of
funds shall be registered, and all registered warrants shall be paid
in the order of registration when funds are available therefor. The
director of administrative services shall draw his warrants for payment
of municipal or other bonds payable out of funds in the treasury upon
presentation and surrender of the proper bonds or coupons, without
approval of any body or officer. The council may make further regulations
by ordinance regarding the presentation, approval and payment of demands
against the city.
Editor's Note: The catchline of this section originally
read as follows: "Warrants on treasury."
(Res. No. 04-238 § 1,
2004)
No payment shall be made from the treasury of the city, except
as otherwise provided by law or this Charter, except on demands presented
and approved and warrants drawn as herein or by ordinance provided.
No action shall be brought on any claim or demand for money or damages
against the city or any board, commission or officer thereof, until
a demand for the same has been presented as provided in this Charter
or by ordinance and rejected in whole or in part. If rejected in part,
action may be brought to recover the whole. Nor shall any action be
brought upon any such demand that has been approved in whole, as herein
or by ordinance provided, but nothing herein contained shall prevent
the holder of any demand for resorting to proceedings to compel any
officer, board, or commission to act upon a demand or to pay a demand
that has been properly allowed.
Editor's Note: The catchline of this section originally
read as follows: "Actions against city."
The fiscal year of the city shall begin on the first day of
July. On or before the first day of June of each year, the city manager
shall submit to the council a proposed budget for the department of
Glendale Water and Power and a proposed budget for all other departments
to be known as the general budget. Said budgets shall include estimates
of the revenues and expenditures of the city departments for the ensuing
year. These estimates shall be compiled from detailed information
obtained from the several departments on blanks to be furnished by
the city manager. The classification of the estimates of expenditures
shall be as nearly uniform as possible for all departments, and shall
give the following information:
1. A detailed
estimate of the expenses of each department;
2. Expenditures
for corresponding items for the last and for the current fiscal years,
including adjustments due to transfers between appropriations plus
an estimate of expenditures necessary to complete the current fiscal
year;
3. Such
information as may be required by the council or as the manager may
deem advisable to submit;
4. The
recommendation of the manager as to the amounts to be appropriated,
with reasons therefor, in such detail as the council may direct. Sufficient
copies of such proposed budgets shall be prepared and submitted, that
there may be copies on file in the office of the clerk for the inspection
by the public and one copy of each budget furnished each member of
the council. The council shall have power to revise, correct or modify
proposed budgets in any particular.
Editor's Note: The catchline of this section originally
read as follows: "Estimate and budgets."
|
(Res. No. 04-238 § 1,
2004)
After considering said proposed budgets, the council shall fix
a time for holding a public hearing upon the same and shall publish
a notice of the time fixed for said hearing once in a newspaper of
general circulation at least 10 days before the time for the hearing.
After said hearing the council may further correct or modify said
proposed budget and shall by resolution, adopt a Glendale Water and
Power budget and a general budget. Such resolution shall operate as
an appropriation of funds to the amounts and for the purposes set
forth in the budgets so adopted.
Editor's Note: The catchline of this section originally
read as follows: "Appropriations."
(Res. No. 04-238 § 1,
2004)
At any meeting after the adoption of the budget or budgets,
the council, by a vote of three members may amend or supplement such
budget or budgets, so as to authorize the transfer of unused balances
appropriated for one purpose to another purpose, or to appropriate
available revenues not included in the annual budget.
Editor's Note: The catchline of this section originally
read as follows: "Transfer of appropriations."
The council shall have power by ordinance, to provide a system
for the assessment, levy, and collection of all city taxes, which
system shall conform as nearly as may be to the general laws of this
state, provided for the assessment, levy and collection of county
taxes. All taxes levied, together with any penalties imposed for delinquency
and the cost of collection, shall constitute liens on the property
assessed and every tax upon personal property shall be a lien upon
the real property of the owner thereof. The said liens shall attach
as of the first Monday of March of each year. The council may provide
that the city clerk shall be ex officio assessor and that the city
treasurer or other officer selected by them, shall be ex officio tax
collector.
Editor's Note: The catchline of this section originally
read as follows: "Taxation."
The council shall have power by ordinance to authorize the transfer
to and the assumption and discharge by officers of the County of Los
Angeles, of any function of the city relating to the assessment of
property for taxation, the equalization of such assessment, the collection
of taxes levied for municipal purposes, the collection of assessments
levied for local improvements, the sale of property for nonpayment
of assessments levied for local improvements, and the redemption of
property from sales for either of said purposes, and may repeal any
such ordinances.
Until the council shall otherwise provide, the ordinance of
said City of Glendale now in effect providing that the duties of assessing
property and collecting taxes provided by law to be performed by the
assessor and the tax collector of the City of Glendale, shall be performed
by the county assessor and the county tax collector of the County
of Los Angeles, shall remain in full force and effect. During the
time that said present ordinance, or any other ordinance passed by
the council in pursuance of this section for the same purpose, shall
be in effect, the mode and manner of assessing property for purposes
of municipal taxation, the equalization of such assessments, the levying
and collecting of taxes for municipal purposes, the nature of the
lien therefor and the manner and method of enforcing the same and
of the redemption of property sold for nonpayment of taxes, and all
proceedings relating to said matters, shall be substantially the same
as may be provided by law for such matters in relation to county taxes
of the County of Los Angeles, so far as applicable, unless the council
shall provide otherwise by ordinance.
During the time that the functions of the city, relating to
the assessment and collection of city taxes, are being discharged
by the officers of the County of Los Angeles, the offices of city
assessor and city tax collector shall be deemed suspended and no person
shall fill the same, nor shall any salary attach thereto, and all
duties of said offices other than the assessment and collection of
taxes shall be transferred to and performed by such officers as the
council shall by ordinance determine.
The total tax rate for any one year shall not exceed 1% of the
assessed valuation, unless a special tax be authorized, as provided
in this Charter; and the proceeds of any such special tax shall be
used for no other purpose than that specified for which it was voted;
provided, however, that in addition to said 1%, there shall be included
in every annual levy, a sufficient amount to cover all liabilities
of the city for principal and interest of all bonds or judgments due
and unpaid or to become due during the ensuing fiscal year and not
otherwise provided for; provided, further, that in addition to the
taxes above mentioned there shall be levied a tax not exceeding fifteen
cents ($0.15) on each $100 of the assessed valuation for the library
fund; provided, further, that in addition to the taxes above mentioned,
the council may levy a tax not exceeding fifteen cents ($0.15) on
each $100 of assessed valuation for parks, playgrounds and recreation
centers; provided, further, that in addition to the taxes above mentioned,
there shall be levied a tax not exceeding fifteen cents ($0.15) on
each $100 of the assessed valuation for the fire and police retirement
system. If the council shall fail to fix the tax rate at the proper
time, the rate for the preceding fiscal year shall be adopted and
used. (1921; 1931; 1937.)
Editor's Note: The catchline of this section originally
read as follows: "Tax rate."
The provision relative to the fire and police retirement system
has been superseded by the city's participation in the state employees'
retirement system. See Charter, Art. XXV, § 1.
Whenever the council shall determine that the public interest
demands an expenditure for municipal purposes, which cannot be provided
for out of the ordinary revenue of the city, it may submit to the
qualified voters at a regular or special election, a proposition to
provide for such expenditure, either by levying a special tax, or
by issuing bonds, but no such special tax shall be levied nor any
such bonds issued, unless authorized by the affirmative votes of 2/3
of the electors voting on the proposition at such election. No bonds
shall be issued to meet current expenses.
The proceedings for the voting and issuing of bonds of the city
shall be had in such a manner and form and under such conditions as
shall be provided from time to time by general law. (1959.)
The total bonded debt of the city shall at no time exceed a
total of 15% of the assessed valuation of all property taxable for
city purposes.
A fund to be known as the general budget fund is hereby created.
All receipts from the general tax levy, licenses, fines, permits,
and interest on bank deposits, and all other receipts except those
from the department of Glendale Water and Power, and those which are
collected for a specific purpose, or are herein ordered to be credited
to some other fund, shall be credited to said fund, and all disbursements,
on account of general budget appropriations, excepting such appropriations
as are payable out of special funds, shall be charged to said general
budget fund. The credit balance, if any, in said general budget fund,
at the end of any fiscal year, the amount of which is in excess of
the amount of all outstanding demands and liabilities unpaid on account
of general budget appropriations for said fiscal year, shall be transferred
to the general reserve fund.
(Res. No. 04-238 § 1,
2004)
The council shall maintain the permanent revolving fund now
established and known as the general reserve fund, for the purpose
of keeping the payment of the running expenses of the city on a cash
basis. Said fund shall be maintained in an amount sufficient to meet
all legal demands against the treasury for the period of each fiscal
year prior to the collection of ad valorem taxes. The council shall
have power to transfer from the general reserve fund to any fund or
funds, such sum or sums as may be required for the purpose of placing
such fund or funds, as nearly as possible, on a cash basis. It shall
be the duty of the council to provide that all money so transferred
from the general reserve fund be returned thereto on or before the
end of the fiscal year in which said transfers are made; provided,
that in any fiscal year in which the total balance in said general
reserve fund exceeds 50% of the total amount of the anticipated ad
valorem tax receipts for that year, the council may appropriate such
excess for any city purpose without returning the same. (1921; 1949.)
The council may appropriate and spend money from the funds of
the city for any or all of the following purposes: Reception and entertainment
of public guests, assistance of public celebrations, fairs and exhibitions,
to aid or carry on the work of inducing immigration to the city, to
exhibit manufactured and other products of the city; and generally,
for the purpose of advertising the city; provided, however, that the
aggregate expenditures for all of said purposes shall not exceed in
one fiscal year the sum of two cents ($0.02) on each $100 of the assessed
value of property within the city.
Editor's Note: The catchline of this section originally
read as follows: "Entertainments."
The council shall annually set aside from the income of the
department of Glendale Water and Power derived from the waterworks
of the city and paid into the waterworks revenue fund, a fund which,
according to the estimates of the city manager, shall be sufficient
to meet the normal depreciation of such waterworks. It shall also
annually set aside from the income of the department of Glendale Water
and Power derived from the electric works of the city and paid into
the electric works revenue fund, a fund which, according to the estimates
of the city manager, shall be sufficient to meet the normal depreciation
of such electric works. Each of such funds shall be used only for
the repair, replacement, betterment and extensions of the plants and
equipment of the waterworks or electric works, as the case may be,
from which said revenue is derived. Nothing herein contained shall
limit the right to vote and issue bonds of the city for said purposes
or any thereof or to issue revenue bonds of said city for said purposes
or any thereof. (1921; 1931; 1941; 1949.)
Editor's Note: The catchline of this section originally
read as follows: "Depreciation funds."
(Res. No. 04-238 § 1,
2004)
There is hereby created a fund to be known as the special deposit
fund, wherein shall be deposited all moneys received by the city,
or any department, officer or board thereof, for the purpose of guaranteeing
the payment of any costs, charges, or damages accruing or liable to
accrue, to the city from the depositor and all moneys deposited as
bail to secure the liberation of a person accused of a public offense,
and all moneys required to be deposited for the purpose of indemnifying
persons whose property is in danger of being damaged or destroyed
by the operation of the depositor. The money so deposited may be returned
to the depositor, should he become entitled to the return thereof,
in such manner as the council may, by ordinance, prescribe, or upon
default being made in the payment of such costs, charges, or damages,
or in the performance of any of such conditions, acts or things, may
be declared forfeited in whole or in part and be disposed of as the
council may direct.
The council shall maintain the permanent revolving fund now
established and known as the general service fund. All expenditures
for lot cleaning, for engineering, and other incidental expenses in
connection with street opening and improvement proceedings and all
other expenditures which are in the nature of advancements by the
city and are to be repaid to the city, shall be charged to said fund.
All receipts on account of the matters above mentioned shall be credited
to said general service fund from the special fund created for such
proceedings, if any, when available therein. All amounts expended
for purchase of general supplies, which for any reason cannot be charged
directly to the account or accounts for which such supplies are purchased,
shall be charged against said general service fund, and when said
supplies are used by the various departments, the cost thereof shall
be charged against the proper fund and credited to said general service
fund.
All receipts by the department of Glendale Water and Power from
the sale of water or otherwise derived from the waterworks of the
city shall be credited to a fund hereby created to be known as the
water-works revenue fund. All receipts by the department of Glendale
Water and Power from the sale of electric energy or otherwise derived
from the electric works of the city shall be credited to a fund hereby
created to be known as the electric works revenue fund. All disbursements
(except those payable from the waterworks depreciation fund) provided
in the Glendale Water and Power budget on account of said waterworks
shall be charged to said waterworks revenue fund and all disbursements
(except those payable from the electric works depreciation fund) provided
in said budget on account of the electric works shall be charged to
said electric works revenue fund. The credit balance, if any, or any
part thereof, in each of said funds at the end of any fiscal year,
the amount of which is in excess of the amount of all outstanding
demands and liabilities unpaid from said fund on account of budget
appropriations therefrom, shall be transferred to the Glendale Water
and Power surplus fund.
Editor's Note: The catchline of this section originally
read as follows: "Revenue funds."
(Res. No. 04-238 § 1,
2004)
For the payment of principal and interest of all Glendale city
or municipal improvement district bonds heretofore issued for the
acquisition, improvement or extension of waterworks or electric works
operated by the city, the council shall transfer from time to time
from the waterworks revenue fund or the electric works revenue fund,
or both thereof, to the Glendale Water and Power sinking fund a sufficient
amount each year to cover the total amount of payments falling due
that year for principal and interest of said bonds. Nothing in this
section shall impair the power of the council to levy such taxes as
may be necessary to provide for the payment of interest and principal
of such bonds, or the power of the council to pay from the waterworks
revenue fund the principal and interest of any general obligation
bonds of the city hereafter issued for water-works purposes or to
pay from the electric works revenue fund the principal and interest
of any general obligation bonds of the city hereafter issued for electric
works purposes.
(Res. No. 04-238 § 1,
2004)
A fund to be known as the Glendale Water and Power surplus fund
is hereby created, to which fund shall be credited from the receipts
of the department of Glendale Water and Power in the waterworks revenue
fund and the electric works revenue fund, any amounts in excess of
the requirements of the several funds as hereinbefore set forth. Except
as otherwise provided in this section, disbursements from said Glendale
Water and Power surplus fund may be made by the council by special
appropriation for waterworks or electric works purposes only, which
shall include payment of all or any portion of the tax of the Metropolitan
Water District of Southern California, or its successors in interest,
which the council may elect to pay out of the funds of the City of
Glendale.
At the end of each fiscal year an amount equal to 25 percentum
of the operating revenues of the department of Glendale Water and
Power for such year, excluding receipts from water or power supplied
to other cities or utilities at wholesale rates, shall be transferred
from said Glendale Water and Power surplus fund to the general reserve
fund; provided, that the council may annually, at or before the time
for adopting the general budget for the ensuing fiscal year, reduce
said amount or wholly waive such transfer if, in its opinion, such
reduction or waiver is necessary to insure the sound financial position
of said department of Glendale Water and Power and it shall so declare
by resolution. (1921; 1931; 1941; 1946; 1949.)
(Res. No. 04-238 § 1,
2004)