AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEED, CALIFORNIA ESTABLISHING CHAPTER 19 OF TITLE 2 OF THE WEED MUNICIPAL CODE ENTITLED PUBLIC WORKS DEPARTMENT.

WHEREAS, The City Council finds that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (Title 14 California Code of Regulations §§ 15000, et seq.) because there is no potential for causing a significant effect on the environment.

NOW, THEREFORE, the City Council of the City of Weed does ordain as follows:

Section 1. This ordinance is classified as a codified ordinance of a permanent nature.

Section 2. Chapter 19 is hereby added to Title 2, of the Weed Municipal Code to read as follows:

Chapter 2.19

PUBLIC WORKS DEPARTMENT

Sections:

2.19.010 – Department created.

2.19.020 – Functions of department.

2.19.030 – Office of director created.

2.19.040 – Director to supervise department.

2.19.050 Street superintendent duties performed by director.

2.19.060 – Approval of plans and designs.

2.19.070 – Additional duties of director.

2.19.010 – Department created. A public works department is created and established, and shall be subject to the general administrative direction of the city manager.

2.19.020 – Functions of department. The department of public works shall include all those functions of the city relating to streets, roads, highways, alleys, water works, water department, sewers, and public buildings and property.

2.19.030 – Office of director created. The office of director of public works is created.

2.19.040 – Director to supervise department. The director of public works, under the supervision and direction of the city manager, shall have supervision, direction and control of the department of public works.

2.19.050 – Street superintendent duties performed by director. The director of public works shall have the supervision, direction and control of all duties, functions and property heretofore supervised, managed and directed by the superintendent of streets and shall perform all duties heretofore performed by the superintendent of streets, and wherever in the ordinances of the city reference is made to the superintendent of streets, the same shall refer to and designate the director of public works.

2.19.060 – Approval of plans and designs. The director of public works is delegated the authority to exercise discretionary approval of plans, designs and any design amendments or addenda for public improvement or subdivision improvement projects. The director of public works or his/her designee shall sign the plans and designs.

2.19.070 – Additional duties of director. The director of public works shall have charge of all streets, alleys, public places and parks, and of the sidewalks of the city. The director shall keep the same in proper repair, and do and perform thereon such work and improvements as may be ordered by the city council and the city manager. The director shall also have charge of the city waterworks, including the pump and mains, and shall keep the same in repair and shall run the pump whenever necessary in order to furnish water to the inhabitants of the city. The director shall have general supervision over all work on the streets, alleys, public places, parks and sidewalks, as well as the waterworks. The director shall also have charge of all sewers in the streets of the city. All work or changes that may be made shall be made under the director’s supervision. All telegraph and telephone and electric power poles shall be placed in places selected by the director and under the director’s supervision; and the director shall have the power to cause changes in the location of such poles. No changes shall be made or repairs put upon any of the streets, alleys, public places, sidewalks, water pipes or sewers, without the director’s permission and such changes and repairs shall be made according to the director’s plans, and under the director’s orders, save when plans have been prepared by the civil engineer and adopted by the city council.

All the streets, alleys, public places, parks, water mains and pipes, and sewers, and generally pertaining to the same are placed under the director’s supervision and control subject always to the orders of the city council and city manager.

Section 3. Any provisions of the Weed Municipal Code, or appendices thereto, or any other ordinances of the City inconsistent herewith, to the extent of such inconsistencies and no further, are hereby repealed.

Section 4. Section 2 of this ordinance is the sole portion of this ordinance that requires publication in the codification of the Weed Municipal Code.

Section 5. If any section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The City Council hereby declares that it would have passed this ordinance and adopted this Chapter and each section, sentence, clause or phrase thereof, irrespective of the f act that any one or more sections, subsections, sentences, clauses or phrases were to be declared invalid or unconstitutional.

Section 6. The City Attorney is hereby authorized to prepare a summary of the ordinance as required by Government Code Section 36933.

Section7. The City Clerk is hereby authorized to publish the summary and post certified copies of the full text of the proposed and then adopted ordinances as required by Government Code Section 36933.

Section 8. This ordinance shall take effect and be in force thirty one (31) days after its passage.

Section 9. This ordinance shall be published in the Weed Press, a newspaper of general circulation in the City of Weed, within fifteen (15) days after its passage.

I hereby certify this ordinance was introduced at a regular meeting held the 8th day of December, 2016 and thereafter adopted at a regular meeting held the 9th day of February 2017, by the following vote to wit:

AYES: Council Members Green, Greene, Hall, Palfini, and Tavalero.

NOES: None

ABSENT: None

Mayor

ATTEST:

City Clerk

City of Weed City Council Ordinance No. 435-2016 Adopted January 12, 2017

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