Cities Index.
Agenda packet

Lindsay City Council
January 10, 2023

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Agenda packet
Meeting
January 10, 2023
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Lindsay City Council
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332
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Text extracted from the city's file for reading and search. Open the original on lindsayca.api.civicclerk.com. That file is the official record.

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1 City of Lindsay
Social Media Policy
Adopted on 08/09/2022 via Resolution No. 22-48
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2 Overview
This policy establishes guidelines for the establishment and use by the City of Lindsay of social media sites (including but not limited to Facebook and Instagram) as a means of conveying City of Lindsay (“City”) information to its citizens.

The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens. The City of Lindsay has an overriding interest in deciding what is “spoken” on behalf of the City on City social media sites.

For purposes of this policy, “social media” is understood to be content created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of social media include, but are not limited to, Facebook, Instagram, YouTube, Twitter, LinkedIn, and blogs. For purposes of this policy, “comments” include information, articles, pictures, videos or any other form of communicative content posted on a City of Lindsay social media site, either as its own post or attached to another post.

General Policy

1. The establishment and use by any City department of City social media sites are subject to approval by the City Manager or his/her designees. All City of Lindsay social media sites shall be administered by City of Lindsay designated staff.

2. City social media sites should make clear on their respective profile pages that they are maintained by the City of Lindsay and that they follow the City’s Social Media Policy.

3. Wherever possible, City social media sites should link back to the official City of Lindsay website for forms, documents, online services and other information necessary to conduct business with the City of Lindsay.

4. Designated staff will monitor content on City social media sites to ensure adherence to both the City’s Social Media Policy and the interest and goals of the City of Lindsay.

5. The City reserves the right to restrict or remove any content that is deemed in violation of this Social Media Policy or any applicable law. Any content removed based on these guidelines must be retained by the City Clerk for a reasonable period of time, including the time, date and identity of the poster, when available.

6. These guidelines must be displayed to users or made available by hyperlink.

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3 7. The City will approach the use of social media tools as consistently as possible, enterprise wide.

8. The City of Lindsay’s website at https://www.lindsay.ca.us/ will remain the City’s primary and predominant internet presence.

9. All City social media sites shall adhere to applicable federal, state and local laws, regulations and policies.

10. City social media sites are subject to the California Public Records Act. Any content maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure.

11. Employees representing the City government via City social media sites must conduct themselves at all times as a representative of the City and in accordance with all City policies.

12. This Social Media Policy may be revised at any time.

13. Comments on topics or issues not within the jurisdictional purview of the City of Lindsay may be removed.

14. Any posts deemed to be offensive, derogatory, hostile, or anything that is construed as discriminatory on the basis of race, sex, disability, or religion will be removed.

15. The City does not endorse any links or advertisements that may show up on its Facebook page.

Comment Policy
By posting or commenting on the City of Lindsay’s Facebook page, or other City of Lindsay social media, you agree to the terms of use of the City of Lindsay’s social media comment policy as provided herein.

1. As a public entity the City must abide by certain standards to serve all its constituents in a civil and unbiased manner.

2. The City of Lindsay Facebook and other social media pages are intended to be “family friendly,” so please keep your comments clean by following these simple rules. In addition to keeping it family friendly, we require that you follow our posting guidelines here. Please note that we utilize Facebook’s automatic content filtering feature. All City of Lindsay social media content is subject to monitoring.

3. The intended purpose behind establishing City of Lindsay social media sites is to disseminate information from the City, about the City, to its citizens.

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4 4. Comments containing any of the following inappropriate forms of content shall not be permitted on City of Lindsay social media sites and are subject to removal and/or restriction by designated staff.
a. Comments not related to the original topic, including random or unintelligible comments; Profane, obscene, violent, or pornographic content and/or language;
b. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, or national origin; c. Defamatory or personal attacks;
d. Threats to any person or organization;
e. Comments in support of, or in opposition to, any political campaigns or ballot measures;
f. Solicitation of commerce, including but not limited to advertising of any business or product for sale;
g. Conduct in violation of any federal, state or local law; h. Encouragement of illegal activity;
i. Information that may tend to compromise the safety or security of the public or public systems; or
j. Content that violates a legal ownership interest, such as a copyright, of any party.
k. Harassment or content which constitutes and/or facilitates stalking; l. Content which violates the right to privacy;
m. Encouragement of violence;
n. Repetitive content;
o. Comments which may reasonably interfere with, inhibit, or compromise law enforcement investigations, police tactics, police responses to incidents and/or the safety of police staff and officers; p. Posts or comments that contain any external links.

5. A comment posted by a member of the public on any City of Lindsay social media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City of Lindsay, nor do such comments necessarily reflect the opinions or policies of the City of Lindsay.

6. The City of Lindsay reserves the right to deny access to City of Lindsay social media sites for any individual, who violates the City of Lindsay’s Social Media Policy, at any time and without prior notice.

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5 7. Comments posted to City of Lindsay social media pages will be monitored and inappropriate content as defined above will be removed as soon as possible and without prior notice. Please note, comments posted to pages are monitored and our Facebook settings will automatically hide a comment if profanity is used within the post.

8. If you need to contact the Lindsay Police Department, please call their front desk at (559) 562-2511, or if it is an emergency, call 911 and ask for assistance. While comments posted on the City’s social media pages are monitored, posting a comment is neither the recommended nor best way to contact the City or Lindsay Police Department.

9. Departments shall monitor their social media sites for comments requesting responses from the City and for comments in violation of this policy.

10. All comments posted to any City of Lindsay Facebook site are bound by Facebook’s Statement of Rights and Responsibilities and Community Standards, located at www.facebook.com/terms.php, and
www.facebook.com/communitystandards, respectfully. The City of Lindsay reserves the right to report any violation of Facebook’s Statement of Rights and Responsibilities and/or Community Standards to Facebook with the intent of Facebook taking appropriate and reasonable responsive action.

11. By posting or commenting on the City of Lindsay social media platforms you agree to our terms of use. You participate by your own choice, taking personal responsibility for your comments, your username and any information you provide therein.

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CHARTER OF THE ARTICLE IV

CITY OF LINDSAY CITY MANAGER

4.01 City Manager Appointment.

January 8, 1996 4.02 Acting City Manager.

4.03 Powers and Duties of City
Sections: Manager.

ARTICLE I

NAME, BOUNDARIES AND ARTICLE V

FORM OF GOVERNMENT CITY CLERK

1.01 Name. 5.01 Office of City Clerk.

1.02 Boundaries. 5.02 Duties of City Clerk.

1.03 Form of Government.

ARTICLE VI
ARTICLE II CITY ATTORNEY POWERS, DUTIES AND 6.01 Office of City Attorney. OBLIGATIONS OF mE CITY 6.02 Duties of City Attorney. 2.01 Powers of the City. 6.03 Special Counsel. 2.02 General Law Powers.

2.03 Municipal Affairs.

ARTICLE VII 2.04 Intergovernmental Powers.

DEPARTMENTS, AGENCIES 2.05 Liberal Interpretation.

2.06 Duties and Obligations of the AND EMPLOYEES
City Council. 7.01 Departments.

7.02 Department Heads.

ARTICLE III 7.03 Personnel System.

MAYOR AND CITY COUNCIL 7.04 Boards, Commissions and

3.01 City Council. Committees.

3.02 Judge of Qualifications.

3.03 Vacancies and Forfeiture of ARTICLE VIII
Office. FINANCIAL PROCEDURES

3.04 Filling of Council Vacancies. 8.01 Financial Systems.

3.05 Compensation and Expenses. 8.02 Submission of Budget and

3.06 Powers and Duties of the City Budget Message.

Council. 8.03 Annual Budget.

3.07 Council Procedure. 8.04 City Council Review of Budget.

3.08 Actions Requiring an 8.05 Adoption of Budget.

Ordinance. 8.06 Budget Amendments After

3.09 Ordinances in General. Adoption.

3.10 Emergency Ordinances. 8.07 Overexpenditures Prohibited.

3.11 Ordinance Authentication, 8.08 Lapse of Appropriations. Recording and Codes. 8.09 Capital Program and Budget. 3.12 Mayor. 8.10 Public Documents.

3.13 Mayor Pro Tern. 8.11 Purchasing and Contracting. 3.14 Prohibitions on City Council. 8.12 Miscellaneous Fiscal

3.15 Independent Audit. Procedures.

C-l (Lllldsay Stipp. No.3, 2-07)
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CHARTER

ARTICLE IX

TAXATION, REVENUES AND DEBT

9.01 Property Taxation.

9.02 Tax Limit.

9.03 9.04

9.05 9.06

10.01 10.02

10.03 Balanced Revenue System.

Annual Review of Rates & Fees.

Debt.

Depositories and Investments.

ARTICLE X

ELECTIONS
Election Procedures.

Special Elections.

Initiative, Referendum and
Recall.

ARTICLE XI

GENERAL PROVISIONS

11.01 Conflicts oflnterest.

11.02 Franchises.

11.03 Violations.

11.04 Definitions.

ARTICLE XII

CHARTER AMENDMENT

12.01 Charter Amendment.

12.02 How Amended.

12.03 Amendment Election.

ARTICLE XIII

TRANSITION AND SEVERABILITY

13.01 13.02

13.03 13.04
Transition.

Severability .

Transition of Current Ejected
Officials.

Continuity of Laws, Officers
and Em ployees.
(Lindsay Supp No.:1, 2·07) C-2

CHARTER OF THE

CITY OF LINDSAY, CALIFORNIA
January 8, 1996
Vision Statement:

The citizens of the City of Lindsay do enact this
Charter to fornl a better City government for all citizens of the City, to provide for the public health, safety, welfare and morals of its residents, property
owners and businesses, and to preserve and to enhance the quality oflife for ourselves, our families, our neighbors, and our businesses, for now and the
future.

ARTICLE I

NAME, BOUNDARIES AND FORM OF

GOVERNMENT
Section 1.01 Name.

The municipal corporation now existing and
known as the City of Lindsay shall remain and continue to exist as a municipal corporation under the name "City of Lindsay", but as a California Constitution Home Rule Charter City.

Section 1.02 Boundaries.

The boundaries of the City of Lindsay shall be as
now establ ished, and may be changed in the future as
provided by law, by this Charter, or by ordinance.

Section 1.03 Form of Government.

The organizational form of government under
which the City of Lindsay shall operate shall be that
which is commonly known as "The Council-Manager
Plan".

ARTICLE II

POWERS, DUTIES AND OBLIGATIONS OF

THE CITY
Section 2.01 Powers of the City.

The City shall have all powers possible for a city
to have under the Constitution and laws of the United
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States and of the State of California as fully and
completely as though those powers were specifically
enumerated in this Charter.

Section 2.02 Gener.d Law Powers.

Nothing in this Charter shall be construed to prevent or restrict the City from exercising any and all rights, powers and privileges heretofore or hereafter
granted or prescribed by the General Laws of the
State of California. All General Law powers of cities
in California are hereby declared to be possessed by
the City.

Section 2.03 Municipal Affairs.

The City may make and enforce all ordinances and
regulations in respect to municipal affairs, subject
only to restrictions and limitations provided in this
Charter and applicable United States and California
Constitution provisions, and decisions of courts with
competent jurisdiction. As regards municipal affairs,
and all powers granted herein and hereby, this Charter shall supersede all laws inconsistent therewith.

Section 2.04 Intergovernmental Powers.

The City may exercise and perform any of its
functions and may participate in the financing
thereof, jointly or in cooperation, by contract or otherwise, with anyone or more states or any agency of the State of California, or any governmental jurisdiction or non-profit corporation thereof, or the United States or any of its agencies.

Section 2.05 Liberal Interpretation.

The powers of the City under this Charter shall be
construed liberally in favor of the City, and the specific mention of particular powers in the Charter shall not be construed as limiting in any way any of the
powers granted by this Charter.

Section 2.06 Duties and Obligations of the
City Council.

A. Duties. The City Council shall have the
power and it shall be the duty, obligation and responsibility of the City Council to develop plans and programs, provide adequate financial and physical reC-3

CHARTER
sources for, and to implement fully such plans and
programs as it finds necessary to accomplish the duties and obligations set out in this Charter, and State and federal law.

B. Balanced Programs. The City Council shall
make provision for, budget for, and at all times provide adequate financial resources and physical facilities for and shall have the power to maintain a balanced and full range of quality City services, activities and facilities to provide equitably for the quality oflife for all economic, social, ethnic and age groups
and geographical areas within the City.

ARTICLE III

MA YOR AND CITY COUNCIL
Section 3.01 City Council.

A. The Council. There shall be a City Council
composed of five Councilmembers elected by the
voters of the City at large.

B. Eligibility. Only registered voters of the City
residing within the corporate boundaries of the City
shall be eligible to file for, run for, and to hold the office of Council member.

C. Regular Election. The regular election of
Councilmembers shall be held on the first Tuesday
after the first Monday of November in even numbered years, unless such date is changed by ordinance.

D. Election of Councilmembers. A regular
Council election shall be held in November of 1996,
at which election three Councilmembers shall be
elected. A regular Council election shall be held in
November of 1998, at which election two Councilmembers shall be elected.

E. Who Elected. The winner orwinners in each
election in which the office of Councilmember is to
be filled shall be those candidates receiving the highest number of votes, in descending order, until all vacant Councilmember positions are filled.

F. Term. Councilmembers shall serve for four
years or until their successor is elected and qualified, except as set out hereinafter in this Charter. The
terms of Counci I members shall begin as soon as pos-
(Lindsay Supp. No.3, 2·07)
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CHARTER
sible after canvass of the election is certified and
each Council member elected files all required disclosure or other statements required by law or ordinance.

G. Non-Prohibition. The prohibition referred to
in Article III, Section 3.14 A shall not apply to any
person who holds the office of Counci Imember at the
time ofthe adoption of this Charter.

Section 3.02 Judge of Qualifications.

A. Additional Standards of Conduct. The City
Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of office. The Council shall have the power to set additional standards of conduct for its members
beyond those specified in this Charter or by State
law, and may provide for such penalties as it deems
appropriate, including forfeiture of office.

B. Exercise of Qualification Powers. To exercise the judge of qualifications powers the Council shall have power to subpoena witnesses, administer
oaths and require the production of evidence. A
Councilmember charged with conduct constituting
grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing
shall be published in a newspaper of general circulation within the City at least one week in advance of the hearing.

C. Decision Subject to Judicial Review. Decisions made by the Council under this Section shall be subject to judicial review.

Section 3.03 Vacancies and Forfeiture of
Office.

A. Vacancies. The office of a Councilmember
shall become vacant upon the Councilmember's
death, resignation, removal from office or forfeiture
of office in any manner prescribed by law or by ordinance.

B. Forfeiture of Office. A Councilmember shall
forfeit that office if the Councilmember:

I. Lacks at any time during the term of office
for which elected any qual ification for the office prescribed by this Charter or by law; (Lindsay Supp. No.3, 2·07) C-4

2. Violates any express provision or prohibition
of this Charter;

3. Is convicted of a crime involving moral turpitude, or;

4. Fails to attend three consecutive regular
meetings of the Council without being excused by
the Council.

5. Establishes residence outside the City.

Section 3.04 Filling of Council Vacancies.

A. Vacancy. Should a vacancy in the City
Council occur more than 90 days prior to the election
at which Councilmembers are to be elected the vacancy shall be filled by majority vote of the remaining members of the City Council by the appointment of a qualified person to fill the remainder of the unexpired term.

B. Filling Vacancy By Regular Election. No appointment shall be made if the vacancy occurs less than 90 days prior to such election, in which case the vacancy shall be filled through the regular election process for the remainder of the unexpired term, if any.

C. Procedure to Fill Vacancy by Appointment.

Within 15 working days of the occurrence of the
Council vacancy, following a published notification
of such vacancy, persons who are eligible for and
interested in filling the vacancy shall file a standard application with the City Clerk. On the 16th working
day following the creation of the vacancy, the City
Clerk shall provide to the remaining Councilmembers the applications of all eligible applicants. Within 30 calendar days of receipt of said applications by the City Council the Council shall make an appointment
from among the eligible applicants.

Section 3.05 Compensation and Expenses.

The City Council may determine the annual salary
of the Mayor and Councilmembers by ordinance, but
no ordinance increasing such salary shall become
effective until the date of the commencement of the
terms of Council members elected at the next regular
election. The Mayor and Councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties of office.

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Section 3.06 Powers and Duties of the City
Council.

A. Powers. All powers of the City shall be
vested in the City Council except as otherwise provided by law or this Charter, and the Council shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law and by this Charter.

B. Duties of the City Council. The Council shall
make policy for the City and, additionally, shall be
responsible to the people of Lindsay for, but not limited to the following duties and responsibilities:

I. Considering ordinances and resolutions and
adopting those which it determines to be necessary
for the governance, proper administration and adequate financing of the City;

2. Providing oversight ofthe City Manager and
all municipal activities under his/her purview;

3. Carrying out all provisions of this Charter,
City ordinances and applicable State and federal
laws;

4. Conducting such reviews and taking such
actions as may be required for the effective governance and financing of the City;

5. Performing such other duties as may by State
law, ordinance or resolution be assigned to the City
Council, but in no way conflict with the duties of the
City Manager as set out in this Charter or by ordinance.

Section 3.07 Council Procedure.

A. Regular Meetings. The Council shall meet
regularly at least once in every month at such times
and places as the Council may by ordinance prescribe, and may provide for more frequent meetings as it shall determine.

B. Special Meetings. Special meetings of the
Council may be held on the call of the Mayor or of
three or more members of the City Council.

C. Notice and Agendas for Meetings. Notice of
all meetings of the City Council shall be provided
and all meeting agendas shall be prepared and all
meetings held pursuant to State law and procedures
established by the Council by ordinance.

C-5

CHARTER
D. Rules and Minutes. The City Council shall
determine its own rules and order of business byordinance.

E. Minute Book. The City Clerk shall keep a
minute book of the proceedings of the Council,
which book shall be a public record.

F. Voting. Voting on ordinances and resolutions
shall be as determined by ordinance. All votes shall
be recorded in the minute book. The number of votes
required to adopt any issue before the Council shall
be as determined by the rules of the Council.

G. Quorum. Three members ofthe Council shall
constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council.

Section 3.08 Actions Requiring an
Ordinance.

A. Acts Required By Ordinance. In addition to
other acts required by law or by this Charter to be
done by ordinance, those acts of the City Council
shall be by ordinance which:

I. Adopt or amend an administrative code or
establish, alter or abolish any City department, office, agency, authority or corporation;

2. Levy taxes;

3. Provide for a fine or other penalty or establish a rule or regulation for which a fine or other penalty is imposed;

4. Grant, renew or extend a franchise;

5. Authorize the borrowing of money except as
provided elsewhere in this Charter;

6. Convey title to or lease or authorize the conveyance or lease of any lands owned by the City;

7. Regu late land use and development; and,

8. Amend or repeal any ordinance previously
adopted.

B. Other Acts. Acts other than those referred to
in the preceding Sub-Section may be taken byordinance, resolution or motion, as determined by the rules of the Council.
(Lindsay SlIpp. No.3, 2.(7)
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CHARTER
Section 3.09 Ordinances in General.

A. Form. Every proposed ordinance shall be
introduced in writing in the final form required for
adoption as prescribed in the Council rules, and shall
be enacted or repealed in the form: "The City Council of the City of Lindsay does ordain".

B. In Writing. A copy of any proposed ordinance shall be provided to the City Clerk a minimum of three days prior to the meeting at which such ordinance is proposed to be introduced. The City Clerk immed iately shall distribute a copy of such proposed
ordinance to each Councilmember, the City Manager
and City Attorney, and any member of the public
who requests such.

C. One Subject. No ordinance shall contain
more than one subject, which shall be clearly expressed in its title.

D. Procedure. An ordinance may be introduced
by any Councilmember at any regular, special or adjourned meeting of the Council, subject to the time limitations of this Section.

E. Reading and Adoption. An ordinance may be
read by title only at the time of its introduction, and must be available to the public in full text in the office of the City Clerk when introduced. The second reading and adoption of the introduced ordinance
shall be held at a regular. special or adjourned meeting of the Council, which meeting shall be not less than five calendar days after its introduction. The
ordinance may be read by title only at the second
reading.

F. Ordinance Effective Date. Except as otherwise provided in this Charter, by State law and by ordinance, every adopted ordinance shall become
effective at the expiration of 30 days after adoption,
or at any later date specified in the ordinance.

G. Adoption of Standard Codes. The Council
may adopt standard codes, compilations and codifications by reference thereto in an adopting ordinance, without specific verbatim publication or codification
in the City Code. Such Codes shall be:

I. Adopted by ordinance by the procedure and
requirements prescribed for ordinances generally,
except that:
(Lindsay Supp, No, J, 2-07) C-6
a.) The requirement for distribution and filing of
copies ofthe ordinance shall be construed to include
copies of the specific standard Code as well as of the
adopting ordinance, and~
b.) A copy of each adopted standard Code as
well as of the adopting ordinance shall be authenticated and recorded by the City Clerk and maintained as a matter of public record in the office of the City
Clerk~

2. Made available by the City Clerk for distribution or for purchase at a reasonable price.

H. Ordinance Publication. The City Clerk shall
publish every ordinance adopted by the City Council,
in full text or as a brief summary thereof. within 20
days following such adoption, in a newspaper of general circulation in the City or, if there is no newspaper of general circulation in the City, by posting in three established public places.

Section 3.10 Emergency Ordinances.

A. Emergency Defined. To meet a public emergency affecting life, health, property or the public peace, the City Council may adopt one or more
emergency ordinances.

B. Manner of Adoption. Emergency ordinances
shall be:
1 . Introduced in the form and manner prescribed for ordinances generally;

2. Plainly designated as an emergency ordinance, including after the enacting clause a declaration stating that an emergency exists and describing it in clear and specific terms;

3. Introduced with or without the provision of
copies three days in advance;

4. Adopted after reading in entirety, with or
without amendment, or rejected, at the meeting at
which it is introduced;

5. Adopted only by a four fifths affirmative
vote of the City Council if the Council consists of
five members. three Councilmembers if the Council
consists of only four members, and all three members
if the Council consists of only three members;

6. Effective upon adoption or at such later time
as stated in the ordinance;
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7. Published and printed as prescribed for other
adopted ordinances;
C. Manner of Repeal. Emergency ordinances
automatically shall be repealed as of the 61 st day
following the date on which it was adopted, but such
automatic repeal shall not prevent reenactment ofthe
ordinance in the manner specified in this Charter if
the emergency still exists, or:

I . Repealed or replaced by adoption of another
ordinance in the manner specified in this Charter; or

2. Repealed by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances.

Section 3.11 Ordinance Authentication,
Recording and Codes.

A. Recordation. The City Clerk shall authenticate by signing and shall record in full in properly indexed books kept for the purpose, each ordinance
and resolution adopted by the City Council.

B. Codification. Within three years after adoption of this Charter, and at least every ten years thereafter, the City Council shall provide for and the
City Clerk shall prepare or have prepared a general
codification of all City Ordinances having the force
and effect of law.

C. Codification Adoption. The general codification shall be adopted by the Council by ordinance and shall be reproduced promptly in bound or looseleaf form, together with this Charter and any amendments thereto, and such Codes adopted by reference and such other rules, regulations and resolutions of
the City as the Council may specify.

D. Code Name and Availability. The codification shall be cited officially as the Lindsay City Code. Copies of the Code shall be furnished to City
officers, placed in libraries and public offices for free public reference, and made available for purchase at
a reasonable price as fixed by the City Council.

E. Reproduction of Ordinances. The City Clerk
shall cause each ordinance and each amendment to
this Charter to be reproduced promptly following its
adoption, and such ordinances and charter amendments shall be distributed or sold to the public at reasonable prices as fixed by the City Council.

C-7

CHARTER
F. Reproduction of Code. Following reproduction and distribution of the first Lindsay City Code, and at all times thereafter, the ordinances and Charter shall be reproduced in substantially the same style as
the Code currently in effect, and shall be suitable in
form for integration therein.

G. Distribution. The Council shall make such
arrangements as it deems desirable with respect to
reproduction and distribution of any current changes
in or additions to the provisions of the City standard
codes adopted by reference.

Section 3.12 Mayor.

A. Office of Mayor. The office of Mayor is
hereby created. The City Council shall elect from
among its members a Mayor who shall serve at the
pleasure of the City Council.

B. Duties of Mayor. The duties of the Mayor
shall be assigned by the Council by ordinance, which
shall include but not be limited to the duties listed in this Sub-Section:

I. Preside at meetings of the City Council;

2. Represent the City in intergovernmental relationships;

3. Be recognized as the head of the City government for alI ceremonial purposes and by the Governor for purposes of military law; C. No Administrative Duties. The Mayor shall
have no administrative duties.

D. Process of Selection. The process for the selection of Mayor and Mayor Pro Tem shall be included in and as set out in the rules of the Council.

Section 3.13 Mayor Pro Tern.

The office of Mayor Pro Tern is hereby created.

The City Council shall elect from among its members
a Mayor Pro Tern who shall serve at the pleasure of
the City Council. The Mayor Pro Tern shall act as
Mayor during the Mayor's absence or disability.

Section 3.14 Prohibitions on City Council.

A. Future City Employment. No former Councilmember shall hold any compensated appointive office or employment with the City of Lindsay until
(Lindsay Stipp. No.3, 2·07)
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CHARTER
four years after the expiration of the term for which
the Councilmember was elected to the Council.

B. Exception. Nothing in this Section shall be
construed to prohibit the Council from selecting any
current or former Councilmember to represent the
City on the governing board of any regional or other
intergovernmental agency.

C. Employee Appointments and Removals. Neither the City Council nor any of its members shall in any manner control or influence the appointment or
removal of any City department head or employee
whom the City Manager or any subordinate of the
City Manager is empowered to appoint.

D. Expression ofYiews. Nothing in this Section
shall be construed to limit the ability of the City
Councilor of Councilmembers to express its and
their views and fully and freely discuss with the City
Manager anything pertaining to appointment and removal of City department heads and employees.

E. Interference with Administration. The Council and Council members shall deal with City department heads and employees who are subject to the direction and supervision of the City Manager solely
through the City Manager, and neither the Council
nor any Counci Imember shall give orders to any such
department head or employee, either publicly or privately.

Section 3.15 Independent Audit.

A. Order of Audit. The City Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary.

B. Restrictions. Such audits shall be made by a
certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of
its officers. The person or firm selected by the City
Council shall be experienced in the audit of Calif ornia city governments.

C. Designation of Audit Firm. The City Council
may, without requiring competitive bids, designate
such accountants or firm to conduct the audit annually or for a period not exceeding three years, but the designation for any particular fiscal year shall be
(Lindsay Stipp. No.3. 2-07) C-8
made not later than 30 days prior to the close of the
fiscal year to be audited.

ARTICLE IV

CITY MANAGER
Section 4.01 City Manager Appointment.

A. Office of City Manager. The office of City
Manager is hereby created. The City Council by majority vote shall appoint a City Manager through the mechanism of an employment agreement.

B. Qualifications. The City Manager shall be
selected and appointed solely on the basis of executive and administrative qualifications.

C. Requirements. The City Manager:

1. Shall serve at the pleasure of the City Council;

2. Shall be the chief executive and administrative officer of the City, all its agencies, authorities and corporations;

3. Shall be paid such salary, receive such benefits and have such expenses paid by the City on his/her behalf as are commensurate with and necessary to execute the responsibilities ofthe position and as shall be fixed by the Council;
D. Restrictions on Employment Agreement. The
City Manager employment agreement shall set out
the terms and conditions of employment, pay, benefits, goals and objectives, a requirement for periodic and regular performance evaluations, obligations, and
termination compensation. The agreement shall be
for an indefinite term, and shall be a public record.

E. Reduction of Salary and Benefits. The salary
and benefits of the City Manager shall not be reduced
by the City Council at any time unless the salaries
and benefits of all City employees are reduced in the
same percentage as proposed for the City Manager.

Section 4.02 Acting City Manager.

By letter filed with the City Clerk, the City Manager shall designate a City department head or employee to exercise the powers and perform the duties of City Manager on those occasions the City Manager will be absent from the City for longer than 48 January 10, 2023 Regular Meeting of the Lindsay City Council

Page 313 ends

hours. The City Council shall designate an Acting
City Manager in the event of the disability of the City Manager or at the request of the City Manager.

Section 4.03 Powers and Duties of City
Manager.

A. Chief Executive Officer. The City Manager
shall be responsible to the City Council for the administration of all City affairs placed in the City Manager's charge by ordinance or this Charter.

B. Duties By Ordinance. The duties of the City
Manager shall be established by ordinance, which
duties shall include but not be limited to the duties
assigned by this Charter.

C. Charter Duties. The City Manager shall:

I. Appoint, remove and discipline all employees of the City pursuant to requirements set out in this Charter and an ordinance establishing a merit
system of appointment and employment;

2. Delegate the appointment removal and discipline of subordinate employees to the department heads to which those employees are assigned, but
shall approve, modifY or disapprove all recommendations for appointment, removal and disciplinary actions taken against employees by department heads, pursuant to the terms of this Charter and the City
Personnel Ordinance;

3. Direct and supervise the administration of all
departments, offices, agencies, authorities, corporations, utilities and enterprises of the City;

4. Attend all City Council meetings, both public
and closed, at which the City Manager shall have the
right to take part in discussion but shall have no vote but, absent a directive to the contrary, the City Manager shall not be entitled to attend any closed session of the Council when suspension, dismissal or any
disciplinary action against the City Manager is discussed;

5. Prepare annually, submit and administer the
budget, capital improvement plan and other plans and
programs of the City as required by and set out in this Charter or by ordinance;

6. Keep the Council informed of the financial
condition, current and future needs of the City, and
make recommendations to the Council concerning
C-9

CHARTER
the affairs of the City as he/she shall deem necessary
or desirable:

7. Provide for enforcement and faithful execlltion of all laws, regulations and rules of the City, all Charter provisions, all acts of the Council, and administration of all contracts to which the City is a party;

8. Submit to the City Council and make available to the public for an appropriate fee, a complete report on the finances and adm in istrative activities of the City and of all its agencies, authorities and corporations, utilities and enterprises as of the end of each fiscal year;

9. Make such other reports as the City Council
may require concerning the needs and operations of
all City departments, offices, agencies, authorities,
corporations, util ities and enterprises;

10. Provide staff support to the Mayor and Councilmembers; II. Coordinate, cooperate with, and oversee and
supervise the work of the City Clerk and City Attorney;

12. Engage in no incompatible business, occupation or activity;

13. Receive notice of all meetings of the City
Council and all City boards, committees, commissions, agencies, authorities, corporations, uti lities and enterprises;

14. Be entitled to participate in the deliberations
of any City board, committee, commission, agency,
authority and corporation, but shall have no vote
therein; and,

15. Perform sllch other duties consistent with
this Charter as may be required by the City Council
by ordinance, resolution, minute order or contract.

ARTICLE V

CITY CLERK
Section 5.01 Office of City Clerk.

The office of City Clerk is hereby created. The
City Manager shall recommend the person to be appointed and the COLlncil shall appoint and, if neces- (Lindsay Supp. No. 3, 2-07)
January 10, 2023 Regular Meeting of the Lindsay City Council

Page 314 ends

CHARTER
sary. may remove the City Clerk. The City Clerk may
be either full or part time.

Section 5.02 Duties of City Clerk.

A. Duties. The duties of the City Clerk shall be
established by ordinance, which duties shall include
but not be limited to the duties assigned by this Charter.

B. Charter Duties. The City Clerk shall:

I. Act as Clerk to the City Council and all other
City agencies, authorities and corporations;

2. Maintain the minute book, book of ordinances, book of resolutions, and all other documents and records of the City Council;

3. Conduct, supervise the conduct of, or oversee the contract conduct of all City elections;

4. Maintain the integrity of and provide for
public access to, safety of, and inspection of all City public records;

5. Perform and fulfill all duties assigned to the
City Clerk by this Charter;

6. Cooperate with and coordinate the work of
the City Clerk with that of the City Manager, all City
department heads, and the City Attorney; and,

7. Perform such other duties consistent with
this Charter as may be required by the City Council
by ordinance. resolution or motion; and,

8. May be designated as a department head, at
the discretion of the City Manager.

C. Statutory Duties. Perform all duties required
of a City Clerk by State law.

ARTICLE VI

CITY ATTORNEY
Section 6.01 Office of City Attorney.

The office ofCity Attorney is hereby created. The
City Council shall appoint and, if necessary, may
remove the City Attorney. The City Attorney may be
either full or part time, or retained under contract.

Section 6.02 Duties of City Attorney.

A. Duties. The duties of the City Attorney shall
be established by ordinance, which duties shall in-
(Lindsay Supp. No. :l. 2-07)
clude but not be limited to the duties assigned by this Charter.

B. Charter Duties. The City Attorney shall be
the chief legal officer of the City, whose duties shall include but not be limited to:

I. Advising the City Council, individual Councilmembers, the City Manager and his/her assistants, and department heads regarding the law relating to
City matters, provided, however, that the City Attorney shall not be required to advise any of these officials concerning his/her liabilities relating to personal conflicts of interest;
C-lO

2. Representing the City in legal proceedings;

3. Preparing, or reviewing and approving as to
form, all ordinances, contracts and other needed City
legal documents;

4. Select and retain specialist counsel when
there is a need for such specialized legal services,
subject to approval of the City Council;

5. Cooperate with and coordinate the work of
the City Attorney with that of the City Manager, all
City department heads, and the City Clerk;

6. Perform all duties required of a City Attorney by State law; and,

7. Perform such other duties consistent with
this Charter as may be required by the City Council
by ordinance, resolution, minute order or contract.

Section 6.03 Special Counsel.

The City Council may retain special counsel when
representation by the City Attorney would create an
impernlissible conflict.

ARTICLE VII

DEPARTMENTS, AGENCIES AND

EMPLOYEES
Section 7.01 Departments.

A. Creation of Departments. The City Manager
shall recommend and the City Council shall byordinance create, reorganize and abolish City departments, divisions, offices, agencies. authorities and corporations as necessary for the effective manageJanuary 10, 2023 Regular Meeting of the Lindsay City Council

Page 315 ends

ment of the City, in addition to those created by this
Charter.

S. Functions. The functions of all City departments, divisions, offices, agencies, authorities and corporations shall be deternlined and assigned by
ordinance.

C. Prohibition on Revision. No function assigned by this Charter to a particular department or office may be discontinued or, unless this Charter
specifically so provides, assigned to any other.

D. Direction. All departments, offices, agencies,
authorities and corporations of the City government
shall be under the direction and supervision of the
City Manager.

E. City Manager as Department Head. With
consent of the Council, the City Manager may serve
as the head of one or more such departments, offices,
agencies, authorities or corporations, or may appoint
one person as the head of two or more departments.

Section 7.02 Department Heads.

A. Appointment. The City Manager shall appoint a department head for each department, which person shall be qualified in the field of expertise encompassed within the assigned department.

B. Removal. All department heads shall serve at
the pleasure of the City Manager and be subject to
his/her direction and supervision.

C. Requirements. All department heads shall be
City employees for the purposes of powers and duties, and be provided employment agreements by the City Manager setting out the terms and conditions of
employment, pay, benefits, goals and objectives, a
requirement for periodic and regular performance
evaluations, obligations, and termination. Such
agreements shall not exceed four years and shall be a
public record.

D. Restrictions. No department head may engage in any incompatible business, occupation or activity.

Section 7.03 Personnel System.

A. By Ordinance. The City Council shall adopt
a City Personnel Ordinance providing for the establishment, regulation and maintenance ofa personnel C-II

CHARTER
system governing those City human resource policies
and procedures available to the City Manager or
his/her designee for the effective administration of
the employees of the City.

B. Merit System. In making appointments and
promotions of City employees the appointing authority shall be guided by the requirements set out in the City Personnel Ordinance.

C. Personnel System Components. The City
Personnel Ordinance shall include, but not be limited
to the following:

I. An integrated classification and pay plan,
force reduction procedures, working conditions, discipline and dismissal, in-service training, grievances, relationships with employee organizations, regular
and periodic employee performance evaluations, and
incentive plans; and,

2. Open, publicly posted and competitive employee selection processes utilizing, where and when feasible, validated examinations at entry level and
objective evaluative processes for all other classifications; and,

3. Such other personnel and human resource
management provisions as shall be deemed to be
necessary, adopted by resolution.

D. Fair Employment Practices. The City personnel system shall in all manner and respects comply fully with all federal and State laws governing fair employment practices and prohibiting discrimination in all forms.

Section 7.04 Boards, Commissions and
Committees.

A. How Created. The City Council by ordinance
or resolution may create, modify, combine and abolish such boards, commissions and committees as it shall determine.

B. Appointments. Boards, commissions and
committees established by ordinance shall consist of
members nominated by the Mayor and approved by
the Council. Boards, commissions and committees
established by resolution shall be appointed by the
Mayor from nominees presented to him/her by the
Council.
(Lindsay Stipp. No. J. 2.(7)
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Page 316 ends

CHARTER
C. Powers and Duties. The ordinance shall prescribe their powers and duties, determine the number and qualifications of the members, their method of
selection, term of office and removal, and fix their
compensation, if any.

D. Limitation. All boards, commissions and
committees only shall be advisory to the City Council, and may not exercise any administrative or management powers.

ARTICLE VIII

FINANCIAL PROCEDURES
Section 8.01 Financial Systems.

A. By Ordinance. The City Council by ordinance shall provide for, assure implementation of, and enforce an integrated budgeting and financial
management system for the City which shall include,
but not be limited to the following:

B. Financing the Budget. The provision in the
annual budget of information for each fund, agency,
authority and corporation, indicating that for any
fund the total of proposed expenditures shall not exceed the total of estimated income plus carried forward fund balance, plus the use of appropriated reserves; C. Fiscal Year. The establishment of the time
span of a fiscal year; and,
D. Other Matters. Such other matters as determined as necessary and appropriate to secure the financial, service and administrative goals of the City, expressed in financial terms as recommended by the
City Manager and as set out in this Charter.

Section 8.02 Submission of Budget and
Budget Message.

A. Budget Calendar. On or before the first day
of the last month of each fiscal year the City Manager shall submit to the City Council a budget for the ensuing fiscal year, and an accompanying message.

B. Budget Message. The City Manager's budget
message shall explain the budget both in fiscal terms
and in terms of the work program. Additionally, it
shall:
(Lindsay Stipp. No. :1,2-07)

1. Outline the proposed financial policies of the
City for the ensuing fiscal year;

2. Describe the important features of the
budget;

3. Indicate any major changes from the current
year in financial policies, expenditures and revenues,
together with the reasons for such changes;

4. Summarize the City's debt position; and,

5. Include such other material as the City Manager deems desirable.

Section 8.03 Annual Budget.

A. Contents. The annual budget presented by
the City Manager shall contain but not be restricted
to the following:

B. Comprehensive Financial Plan. A complete
financial plan for all City funds, offices, departments, agencies, authorities, corporations, utilities, enterprises and activities for the ensuing fiscal year; C-12
C. Summaries. Summaries and totals adequate
to provide a comprehensive and consolidated view of
the City's financial condition;
D. Contents of Budget. Sections of the budget
shall provide for and contain:

1. The goals and objectives proposed to be
achieved by appropriations during the ensuing fiscal
year, detailed for each fund by organization unit,
program, purpose or activity, and the method of financing such proposed appropriations;

2. Comparative amounts for actual and estimated revenues and expenditures for the current fiscal year and actual revenues and expenditures for the preceding fiscal year;

3. Proposed capital expenditures during the ensuing fiscal year and the proposed method offinancing of each such capital expenditure; and,

4. Anticipated revenues, expenses, balances and
reserves, and the purpose of said reserve, for each
City fund, including all utility, enterprise, reserve,
and internal service funds, and for each City agency,
authority, corporation, utility and enterprise.

January 10, 2023 Regular Meeting of the Lindsay City Council

Page 317 ends

Section 8.04 City Council Review of Budget.

A. City Council. Immediately on receiving the
recommended budget from the City Manager the City
Council shall:

B. Consideration. At either regular or special
meetings receive, study and consider the City Manager's recommended budget and budget message; C. Notice and Hearing. Cause to be published in
a newspaper of general circulation or, if no such
newspaper exists. to post in three established public
places in the City the general summary of the budget
as presented by the City Manager, and a notice statmg:

1. The places and times where copies of the
budget and message are available for inspection by
the public; and,

2. The time and place, not less than five days
after such publication, for a public hearing on the
budget;
D. Amendments. Amend the recommended
budget as the Council shall see fit, except that no revisions shall be made contrary to the provisions of th is Charter;
E. Prohibited Amendments. Amend the budget
to add to or increase programs or amounts or to delete or decrease any programs or amounts, except expenditures required by law or for debt service, but
no amendment to the budget shall increase the authorized expenditures for any fund to an amount greater than total estimated income and carried forward fund balances, plus appropriated reserves.

Section 8.05 Adoption of Budget.

The City Council shall adopt the budget on or before the last day of the last month of the fiscal year currently ending. If the Council fails to adopt the
budget by the date prescribed in this Charter then the
budget as recommended by the City Manager shall
go into effect.

Section 8.06 Budget Amendments After
Adoption.

A. Amount of Budget. If during the fiscal year
the City Manager certifies in writing to the City
Council that there are available for appropriation
C-13

CHARTER
revenues in excess of those contained in the adopted
budget, the City Council may make supplemental
appropriations for the year up to the amount of the
excess.

B. Emergency Appropriations. To meet a public
emergency affecting life. health, property or the public peace, the City Council may make emergency appropriations. Any such emergency appropriation
shall be made by resolution stating the exact nature
of the emergency.

C. Reduction of Appropriations. If at any time
during the fiscal year it appears probable to the City
Manager that the revenues or fund balances available
and anticipated by the adopted budget will be insufficient to finance the expenditures for which appropriations have been made, the City Manager shall:

1. Report such a condition in writing to the City
Council without delay, indicating the estimated
amount of the deficit;

2. Report any remedial action taken by the City
Manager; and,

3. Make recommendations to the City Council
for further actions to be taken.

D. Prevention of Deficit. The City Council shall
take such actions as it determines necessary to prevent any budget deficit and, for that purpose it may reduce one or more appropriations to assure that a
budget deficit is prevented.

E. Budgetary Transfers. The City Manager may
transfer monies between departments, divisions, programs and accounts within funds and departments, but within dollar or percentage of fund limits set by
the Council annually as a part of the budget, but only
the Council by resolution may transfer monies between funds and from unappropriated or fund balances or reserves to any fund or appropriations account. All budgetary transfers made by the City Manager shall be reported in writing quarterly to the
City Council.

Section 8.07 Overexpenditures Prohibited.

A. Total of Budget. The total of proposed expenditures shall not exceed the total of estimated revenues plus carried forward fund balance and appropriated reserves, for any fund. (Lindsay Supp. No.3, 2-07)
January 10, 2023 Regular Meeting of the Lindsay City Council

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CHARTER
B. Payment Restrictions. No payment shall be
made or obligation incurred against any appropriation except in accordance with appropriations duly made by the Council and unless the City Manager or
his/her designee first certifies that there is a sufficient unencumbered balance in such appropriation and that
sufficient monies therefrom are or will be available
to cover the claim or meet the obI igation when it becomes due and payable.

C. Illegal Payment. Any authorization of payment or incurring of obligation in violation of the provisions of this Charter shall be void and any payment so made illegal.

D. Securities Exception. Nothing in this Charter
shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or in part by the
issuance of municipal securities, or to prevent the
making of any contract or lease providing for payments beyond the end of the fiscal year provided such contract or lease is not explicitly prohibited by
the provisions of the California Constitution.

E. Constitutional Limitation. The status of the
City budget and finances shall in all respects at all
times be in compliance with California Constitution
Article XVI. Section 18.

Section 8.08 Lapse of Appropriations.

A. When Lapse. Every appropriation, except as
provided for herein, shall lapse at the end of the fiscal year to the extent that it has not been expended or
encumbered.

B. Capital Outlay Appropriations. All appropriations for capital outlay items shall continue in force until expended, revised or repealed. The purpose of any such capital outlay appropriation shall be deemed abandoned after three years pass without
disbursement from or encumbrance against the appropriation.

C. Other Exemptions. Appropriations involving
trust and agency accounts and reserves shall not lapse
until specifically provided either by the annual
budget or separate resolution.
(LlIldsay Supp, No 3,2-(7)
Section 8.09 Capital Program and Budget.

A. Five Year Program. The City Manager annually shall prepare and submit to the City Council a five year Capital Program, which Program shall be
submitted as a separate part of but be considered by
the Council concurrent with the Annual Budget.

B. Program Contents. The Capital Program
shall include but not be limited to the folJowing:

1. A general summary of its contents;

2. A list of all capital improvements and other
capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each improvement or proposed expenditure:

C-14

3. Cost estimates and recommended time
schedules for each improvement or other capital expenditure;

4. Method of financing for each improvement
or other capital expenditure; and.

5. The estimated annual cost of operating and
maintaining the facilities or equipment to be constructed or acquired.

C. Capital Program Adoption. The Capital Program shall be a part of and adopted as part of the Annual Budget.

Section 8.10 Public Documents.

Copies of the annual budget and message. the annual audit, the annual financial report if it be a separate document, and all appropriate summarizing documents shall be filed with the City Clerk as permanent public records, and shall be made available to the public for inspection and review.

Section 8.11 Purchasing and Contracting.

A. By Ordinance. The Council by ordinance
shall provide for a purchasing and contracting system
assuring a maximum of competition for the lowest
price consistent with a stated level of quality.

B. The Basic System. The Purchasing and Contracting Ordinance shall provide for and comply with all provisions of this Section and of this Charter. but not be limited to:

1. Control of the system by the City Manager,
who shal1 be empowered to make purchases and to
January 10, 2023 Regular Meeting of the Lindsay City Council

Page 319 ends

award contracts for amounts of $25,000 or less, annually adjusted in amount as set out herein;

2. Delegation of responsibility by the City
Manager to any appointed subordinate:

3. A requirement that should contracts or purchases in amount of $25,000 or less be awarded to anyone vendor or contractor cumulatively totalling
$75,000 in any three year period then, in that event,
the competitive process set out herein shall be followed prior to the award of subsequent contracts to such vendor or contractor, should such process otherwise be required;

4. An informal bid solicitation process for purchases and contracts in amount between $25,00 I and $74,999, which amounts shall be adjusted annually in
amount as set out herein;

5. The acquisition of the services of professional service providers in such a manner that specialized abilities and knowledge shall be considered in addition to quality and price and, if appropriate as determined by the City Manager, without the competitive processes set out herein;

6. Additional procedures and requirements to
fulfill the provisions of this Section and this Charter; and,

7. Such other matters as shall be determined to
be required by the City Council.

C. A ward of Contracts and Purchases. Award of
contracts and purchases shall be made to the lowest
responsible bidder or vendor meeting specifications,
except as provided herein and in the Purchasing and
Contracting Ordinance.

D. Sealed Competitive Bids. Sealed bids for
competitive purchases involving the expenditure of
$75,000 or more shall be secured, but this amount
and all dollar amounts set out in this Section shall be revised by the Council annually as part of the annual
budget by a revision factor determined by utilizing
published reliable indicators or indices of price
changes.

E. Waiver of Bids. Waiver of competitive bidding for purchase of non-competitive items and contracting for services is permitted in emergencies, for copyrighted and patented items and services, and for
professional or specialized services for which a writCHARTER ten finding is filed with the City Clerk regarding the
reason for such non-competitive, emergency or sole
source acquisition.

F. Proh ibitions. Splitting contracts or purchases
to avoid dollar limits is prohibited.

C-15
G. Rejections. The City Council may reject any
and all bids for any good or service.

H. Bid Bonds. A bid bond or cashiers check
shall be required for all sealed bids.

1. Public Notification. The City Manager shall
cause full public notification of all calls for sealed
bids by providing ten days notice through publications appropriate to the subject of the call for bids.

J. Public Works Determination. The Purchasing
and Contracting Ordinance shall set out a procedure
for determination of which public works or improvement projects are to be performed by City forces and which are to be let to contract.

K. Bidding and Wages. The City Council may
by ordinance or resolution adopt prevailing wage,
geographic boundaries and other guidelines and restrictions, including local bidding preference, governing public works and other City contracts.

Section 8.12 Miscellaneous Fiscal
Procedures.

A. By Ordinance. The City Council by ordinance shall provide for the following, and other appropriate and necessary fiscal and financial procedures, which procedures shall comply with State law unless the ordinance specifies otherwise:

B. Petty Cash. The creation, administration and
control of petty cash accounts;
C. Claims and Demands. The receipt and disposition of claims and demands against the City; D. Warrants and Checks. Issuance and redemption of warrants, if any, and checks drawn on the City treasury, and;
E. Actions. Legal actions against the City.

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CHARTER

ARTICLE IX

TAXA TION, REVENUES AND DEBT
Section 9.01 Property Taxation.

A. Council Shall Not Levy. The City Council
shall not levy an ad valorem property tax for general
municipal purposes in excess of the maximum rate
applicable to the City on the effective date of this
Charter, provided, however, that an ad valorem property tax in excess thereof may be levied ifauthorized by the California Constitution, State law orthis Charter.

B. Separate Taxing Areas. The City Council
may establish by ordinance separate taxing areas
within the City for the levy of a tax in excess of any
rate, if authorized by the California Constitution or
State law by the affirmative vote of the requisite
number of voters within the area voting on a proposition to impose or to increase such levy.

C. Ad Valorem Levies. The City Council may
seek and the voters of the City may vote on a proposition to authorize or to increase ad valorem taxes provided such vote and such tax comply with all provisions of the California Constitution, State law or this Charter.

D. Procedure for Assessment. The procedure
and authority for the assessment, levy and collection
of taxes and assessments may be prescribed byordinance and, in the absence of such an ordinance, the procedure and authority applicable thereto shall be
that prescribed by State law.

Section 9.02 Tax Limit.

A. Vote Required. No City tax shall be imposed
or increased in rate by the City Council without an
affirming vote of a majority of the voters, except as
provided in this Section.

B. Adjustments to Tax Limit. The City Council
shall have the authority to impose and to increase
taxes without the affirming vote set out herein to
raise revenues to the level that City revenues existed
in fiscal year 1988-1989 but which, during or subsequent to such year, were removed from the City by action of the State or federal governments: provided,
(Lind,"y SUPI'. No.3, 2-07)
however, that should the State or federal governments reinstate such previous City revenues, then, to the extent of the reinstatement, City taxes shall be
reduced.

C. Adjustment for Mandates. No affirnling vote
as set out herein shall be required for any tax increase in amount sufficient to meet the official estimate of
cost for any State or federal mandate for which no
State or federal revenue or grant has been provided,
for which neither of a fee nor charge may be collected in amount adequate to meet the financial requirements of the mandate.

D. Adjustment for Inflation and Deflation. For
computational purposes of this Section, tax rates and
revenue amounts shall be adjusted annually, starting
with fiscal year] 988-1989, by the California Constitution Article XlII B and Proposition 111 annual percentage increase in appropriation limitation applicable to the City.

Section 9.03 Balanced Revenue System.

The City Council shall maintain a revenue structure adequate to meet City financial requirements for execution of the balanced programs determined by
the City Council necessary to carry out the duties,
obligations and mandates of this Charter, which
revenue structure shall be balanced equitably between taxes, fees, utility and enterprise charges, and assessments insofar as the City Council is legally
permitted, and comply with thejudicially-determined
requirements, definitions and intent of California
Constitution Articles XIII A and B.

C-J6
Section 9.04 Annual Review of Rates & Fees.

A. Annual Review of Costs. Annually and concurrently with, or at such time prior to the presentation of the annual budget as he/she shall determine, the City Manager each year shall present a report to
the City Council containing a comprehensive review
of the costs of all City services, utilities and enterprIses.

B. Consideration of Report. As part of the annual budget consideration, the City Council shall set such fees and rates as it shall determine appropriate
to recover the costs reasonably borne necessary to
January 10, 2023 Regular Meeting of the Lindsay City Council

Page 321 ends

provide each such service, utility and enterprise provided by the City, pursuant to the provisions of Article XlII B of the California Constitution.

C. Failure to Act. If the Council shall fail to act
as required in this Section, then such rates as are required to comply with this Section shall go into effect automatically at such time as is designated in the annual report of costs of services, utilities and enterprises for each individual service, utility and enterprise.

D. Repeal by Council. Prior to the adoption of
the annual budget the Council may by resolution specifically repeal any such automatic fee, rate or charge increases or decreases as would be caused by its inaction, provided, however, that such resolution shall contain adequate reasoning andjustification for such
repeal as is necessary to explain why such City service costs reasonably borne are not being met in full or are producing excess revenues over costs reasonably borne.

Section 9.05 Debt.

A. By Ordinance. The City by ordinance may
issue all manner of securities and incur all manner of
indebtedness.

B. General Obligation Debt Limit. Indebtedness
of the City as evidenced by issued general obligation
bonds shall at no time exceed ten percent of the assessed valuation of all property taxable by the City.

Section 9.06 Depositories and Investments.

A. By Ordinance. The City Manager shall recommend and the City Council shall provide by ordinance for the receipt and accounting of all revenues, monies and assets received by the City or any of its
agencies, authorities, corporations, utilities and enterprises, from any and all sources.

B. Written Investment Policy. The City Manager shall recommend and the City Council by resolution shall adopt a policy to govern the investment of all City monies, which policy shall include but not
be limited to the following:

I. Provision for the investment of all monies in
such a manner as to assure the preservation and safety
of principal and the integrity of record keeping;

CHARTER

2. Types of allowable investments;

3. Safekeeping of securities.

C. Compliance With State Law. The investment
of City monies at all times shall be in compliance
with all provisions of State law governing the receipt, processing, deposit, accounting, security and reporting of public monies. The City investment policy may be more conservative or restrictive than State
law, but in no manner shall the investment policy be
less restrictive.

C-17
D. Custody of Monies. The Financial Custody
and Investment Ordinance shall establish the City
department which shall have custody of all City monies and investments, which department shall deposit all monies and investments in such depository or depositories as may be designated by resolution of the Councilor, ifno such resolution be adopted, then in
such depository or depositories as may be designated
in writing by the City Manager.

E. Security of Deposits. The Ordinance, resolution and depository system shall provide for the regular deposit ofC ity monies and appropriate safeguards and systems to assure a minimum of risk, maximum
safety, and a high level of collateralized or federallyinsured security, without exception, for such City monies and securities held by any depository, agent
or agency.

F. Audit. A review of the City investment policy, procedures and security shall be made as a part of the annual audit, and the contracted audit firm
shall make appropriate observations and recommendations to the City Council.

ARTICLE X

ELECTIONS
Section 10.01 Election Procedures.

Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the California Elections Code for the holding of
municipal elections, so far as the same are not in contlict with this Charter. (Lindsay Stipp. No.3, 2-07)
January 10, 2023 Regular Meeting of the Lindsay City Council

Page 322 ends

CHARTER
Section 10.02 Special Elections.

The City Council may call special elections for
such purposes as the Council may prescribe. A special election may be held on any date specified by the Council.

Section 10.03 Initiative, Referendum and
Recall.

The electors of the City reserve to themselves the
powers of initiative and referendum and the recall of
elective officers, to be exercised in the manner prescribed by the California Constitution and State law.

ARTICLE XI

GENERAL PROVISIONS
Section 11.01 Conflicts of Interest.

A. Prohibition. The use of public office or employment for private gain is prohibited.

B. Implementation. The Council shall implement this Section by ordinance adopting and assuring compliance with the laws of the State of California
and the common law principles regarding such contlicts, which ordinance also shall prohibit, but not be limited to prohibiting those activities set out in this Section.

C. Appearances For Influence. Appearances by
or statements made to, or influence exercised by City
officials or employees to, before or to any City officer, department or employee, or any City agency, authority or corporation on behalf of private interests are prohibited.

D. Compensated Influence. A former Councilmember or City officer or employee may not be compensated in any way for attempting to influence
any action of the Councilor City for two years after
the end of service on the Councilor with the City.

E. Application and Interpretation. In interpreting this Section the general common law contlict of interest rule shall be applied, which rule strictly requires public officers and employees to avoid placing themselves in a position in which personal interest
may come into conflict with their duty to the public.

F. Violations. In addition to any fines or other
punishments for violations of confl ict of interest ordinance provisions or regulations issued thereunder promulgated under this Section or State law, any person convicted of a violation of this Section, or of any equivalent State law or regulation, shall be ineligible for a period of five years following such conviction
to hold any City office or employment and, if currently holding office or employment, shall be deemed to have automatically forfeited his or her office or
position of employment.

Section 11.02 Franchises.

A. Granting of Franchise. The City Council may
grant a franchise to any person, partnership, corporation or other legal entity capable of exercising the privilege conferred, whether operating under an existing franchise or not, and may prescribe the terms, conditions and limitations of such grant, including
the compensation to be paid to the City for such franchise grant.

B. Franchise Ordinance. The Council may prescribe by ordinance the method and procedure for granting franchises, together with additional terms
and conditions for making such grants.

C. Franchise Procedure. No person, partnership,
corporation or other legal entity shall furnish the City or its inhabitants or properties lying within the City
limits, or any portion of the City, with any service
which uses any portion of the public streets, ways,
easements, alleys, rights-of-way or places in the City
as the same may now exist or may hereafter exist, for
any purpose, without a City franchise secured under
the procedures set out hereunder, except insofar as
he/she or it may be entitled to do so by direct authority of the California Constitution, the Constitution or laws of the United States, or final decisions of courts of competent jurisdiction.

D. Limit. Nothing in this Section shall be construed to limit the ability of the City to seek, to accept and to grant easements for specific purposes over specific parcels of public property for limited
purposes.

E. Franchise Term. The tenn of the franchise
shall be determined by the City Council by ordi-
(LintiS<lY Supp, No, 'l, 2·()7) C-JS
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Page 323 ends

nance. All franchises shall include a provision which
reserves to the City the right to take over at any time the works, plant and property constructed under the
franchise grant at their depreciated physical valuation and without compensation for franchise or goodwi 11.

F. Acquisition. No franchise shall in any way or
to any extent impair or affect the right of the City to acquire the property of the possessor thereof by purchase or exercise of the power of eminent domain, and nothing therein shall be construed to contract
away or to modifY or abridge, either for a term or for
perpetuity, the City's right of eminent domain with
respect to the property of the possessor of any franchise.

G. Franchise Condition. Every franchise granted
by the City is granted upon the condition, whether
expressed in the grant or not, that such franchise shall not be given any value before any court or other public authority or agency, in any administrative or judicial proceeding, in excess of any amount actually paid by the grantee to the City at the time of the franchise grant.

H. Resolution of Intent. Before granting any
franchise the City Council shall adopt a resolution declaring its intention to do so, stating the name of the proposed grantee, the character of the proposed franchise, and the terms and conditions upon which it is proposed to be granted. Such resolution shall fix the
day, hour and place when and where any person having an interest in or objecting to the granting of such franchise may appear before the Council to be heard
thereon. Said resolution shall be published at least
once, not less than ten days prior to said hearing, in a newspaper of general circulation in the City or, ifthere is no newspaper of general circulation in the City, by
posting in three established public places.

I. Franchise Adoption. After hearing all persons desiring to be heard, the Council may deny or, by ordinance may grant the franchise on the terms
and conditions specified in the resolution.

Section 11.03 Violations.

A. Misdemeanor. A violation of any ordinance
of the City shall constitute a misdemeanor unless, by
ord inance, it is made an infraction.

CHARTER
B. Maximum Fine. The maximum fine or penalty for a misdemeanor or infraction shall be the same as established by the general laws, unless a
contrary intention is expressed in the City ordinance.

C. Enforcement. Yiolations of City ordinances
or of provisions of this Charter may be prosecuted in
the name of the People of the State of Cal iforn ia or
redressed by civil action.

D. Charter Compliance. Compliance with any
mandated duty prescribed in this Charter may be had
through civil action or, if appropriate, criminal proceedings.

C-J9
E. Yiolation of Charter. Notwithstanding the
criminal penalties provided for above, a Councilmember shall forfeit office pursuant to this Charter if a court of law has found that the Councilmember has
violated this Charter or any provision thereof, or wilfully has failed to carry out any provision of this Charter.

Section 11.04 Definitions.

Unless the provisions or the context otherwise requires, as used in this Charter:

A. "Shall" is mandatory and "may" is permissIve;
B. "City" is the City of Lindsay and "department", "commission", "agency", "committee", "board", "authority", "corporation", "division",
"program", "utility", "enterprise", "non-profit corporation", "officer", or "employee" is a department, commission, agency, committee, board, authority,
corporation, division, program, utility, enterprise,
non-profit corporation, officer, or employee, as the
case may be, of the City of Lindsay;
C. "Council" is the City Council of the City of
Lindsay;
D. "Councilmember" is a member of the City
Council of the City of Lindsay;
E. "Law" includes ordinance;
F. "State" is the State of California;
G. "Federal" is the government of the United
States of America;
H. "Yoter" shall be as defined by State law;
I. "He/she", "his/her", "he" and "she" shall be
interchangeable without regard to gender; and,
(Lindsay Supp. No.3, 2-(7)
January 10, 2023 Regular Meeting of the Lindsay City Council

Page 324 ends

CHARTER
J. "Ad Valorem" shall mean "according to
value" as defined by State law.

ARTICLE XII

CHARTER AMENDMENT
Section 12.01 Charter Amendment.

Amendments to this Charter shall be approved by
a majority of the voters of the City at an election on a date as determined by the City Council.

Section 12.02 How Amended.

A. Amendments. Amendments to this Charter
may be framed and proposed in any manner provided
by law or by any of:

B. Council Ordinance. An ordinance of the City
Council containing the full text of the proposed
amendment;
e. Initiative. An initiative by the voters of the
City; or
D. Charter Commission. A report with specific
full text as prepared by a duly elected Charter Commission as created pursuant to State law.

Section 12.03 Amendment Election.

If a majority ofthe voters of the City voting on a
proposed Charter amendment vote in favor of such
amendment, the amendment shall become effective at
the time fixed in the amendment. but if no time is
therein fixed. at the time the approved amendment is
tiled with the California Secretary of State by the
City Clerk and chaptered by the Secretary of State.

The City Clerk shall file the results of a Charter
amendment election with the Secretary of State
within 30 days following the election.

ARTICLE XIII

TRANSITION AND SEVERABILITY
Section 13.01 Transition.

All City ordinances. resolutions, orders, rules and
regulations which are in force when this Charter becomes effective shall remain in effect until repealed, (Lindsay SUPI'. NO.5, 2-(7)
except to the extent that they are inconsistent, disagree in any respect with, or interfere with the effective operation of this Charter or of ordinances adopted pursuant thereto.

C-20
Section 13.02 Severability.

If any provision of this Charter is held to be invalid the other provisions of this Charter shall not be affected thereby. If the application of the Charter or
any of its provisions to any person or circumstance is
held invalid the application of this Charter and its
provisions or circumstances shall not be affected
thereby.

Section 13.03 Transition of Current Elected
Officials.

A. Existing City Council. At the time of the
adoption of this Charter Councilmembers then serving shall serve until the end of the term for which they have been elected, and until their successors
have been elected and qualified.

B. Elected City Clerk. The elected City Clerk
shall have the option of remaining in the elected position until the end of the currentterm for which he/she has been elected or at such time as the office shall be vacated, or of resigning from such elected position
and seeking the position of appointed City Clerk.
e. Elected City Treasurer. The elected City
Treasurer shall remain in the elected position until
the end of the current term for which he/she has been
elected or at such time as the office shall be vacated.

Section 13.04 Continuity of Laws, Officers
and Employees.

A. Continuation of Rights. The City shall continue to own, possess and control all rights and property of every kind and nature owned, possessed or controlled by it on the effective date of this Charter, and shall be subject to all its debts, obligations and
liabilities.

B. Continuation of Acts. All lawful ordinances,
resolutions, orders, rules and regulations in force on
the effective date of this Charter and not in contlict
or inconsistent with this Charter herewith are continued in force until repealed or amended.

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Page 325 ends

C. Continuation of Officers and Employees.

The present officers ofthe City shall retain their respective offices and employment subject to the provisions of this Charter, and an employee holding a City position at the time th is Charter takes effect, who was serving in that same or a comparable position at the
time of its adoption, shall not be subject to any employee selection or evaluation process as a condition of continuance in the same position, but in all other
respects shall be subject to the Personnel Ordinance
provided for in Section 7.03 of this Charter.

D. Non-Interference With Court Orders. Nothing herein shall be construed to interfere with or to modify any order or decision of any court of competent jurisdiction provided, however, that this Charter shall in all respects supersede any such court order or decision which does not apply specifically to home
rule charter cities under the California Constitution or the United States Constitution.

E. Transfer of Powers. If a City department,
office or agency is abolished by this Charter, the
powers and duties given it by law shall be transferred

CHARTER
to the City department, office or agency designated
by this Charter or, if the Charter makes no provision,
designated by the City Council by ordinance.

F. Transfer of Property and Records. A II propEND
erty, records and equipment of any department, office
or agency existing when this Charter is adopted shall
be transferred to the department, office or agency
assuming its powers and duties but, in the event that
the powers or duties are to be discontinued or divided
between units, or in the event that any conflict arises regard ing a transfer, such property, records or
equipment shall be transferred to one or more departments, offices or agencies designated by the City Council.

G. Rights and Claims. All rights, claims, actions, orders, contracts and legal or administrative proceedings shall continue, except as modified pursuant to the provisions of this Charter and in each case shall be maintained, carried on or dealt with by
the City department, office or agency appropriate
under this Charter.

PROPOSED AND SUBMITTED BY THE CITY COUNCIL

OF THE CITY OF LINDSAY, CALIFORNIA
Valeriano Saucedo, Mayor
Chair, Charter Commission
Ellen Hendricks, Councilmember
Member, Charter Commission
John Stava, Councilmember
Member, Charter Commission

FOR VOTER APPROV AL
on this 8th day of January, 1996
Cynthia Rios, Mayor Pro Tem
Vice Chair, Charter Commission
John Hill, Councilmember
Member, Charter Commission
C-21 (Lindsay Supp, No, 3,2-07)
January 10, 2023 Regular Meeting of the Lindsay City Council

Page 326 ends

CHARTER
CITY OF LlNDSA Y

CITIZENS CHARTER ADVISORY COMMITTEE
Recommended to the Lindsay City Council and Lindsay Charter Commission for adoption and placement on the April 9, 1996 City Election ballot:

Vahnn Blue, Member Tom Elson, Member
Josie Figueroa, Member Janet Kliegl, Member
Herman Landers, Member Paul Leavens, Member
Ed Murray, Member Richard E. Pitcher, Member
Ben Rivas, Member Derrill Roberts, Member
Leonor Serna, Member Tom Spurlock, Member
Robert Tienken, Member
(Lindsay Snpp. No. :1. 2-07) C-22
January 10, 2023 Regular Meeting of the Lindsay City Council

Page 327 ends

CHARTER

STAFF TO

LINDSAY CHARTER COMMISSION

LINDSAY CITIZENS CHARTER ADVISORY COMMITTEE
William Drennen, City Manager Bobbi Paul, City Clerk
Walter McCormick, City Attorney
Douglas W. Ayres Pamela S. Swift
Executive Director Deputy Executive Director and Secretary Lindsay Charter Commission
Lindsay Citizens Charter Advisory Committee
(Resolution calling election follows, when adopted)
C-23 (Lindsay StiPp. No.3, 2-07)
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January 10, 2023 Regular Meeting of the Lindsay City Council

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CHARTER INDEX
A
ACTING CITY MANAGER § 4.02

AMENDMENT
Amendment election § 12.03
Charter amendment § 12.0 I
Howamended § 12.02
B

BOARDS, COMMISSIONS AND COMMITTEES
§ 7.04
BOUNDARlES § 1.02
BUDGET
Adoption of budget § 8.05
Annual budget § 8.03
Budget amendments after adoption § 8.06
Capital program and budget § 8.09
City council review of budget § 8.04
Financial systems § 8.0 I
Lapse of appropriations § 8.08
Miscellaneous fiscal procedures § 8.12
Overexpenditures prohibited § 8.07
Public documents § 8.10
Purchasing and contracting § 8.1 I
Submission of budget and budget message § 8.02
C
CAPITAL PROGRAM AND BUDGET § 8.09

CITY ATTORNEY
Duties of city attorney § 6.02
Office of city attorney § 6.01
Special counsel § 6.03

CITY CLERK
Duties of city clerk § 5.02
Office of city clerk § 5.0 I

CITY COUNCIL
See MAYOR AND CITY COUNCIL

CITY MANAGER
Acting city manager § 4.02
City manager appointment § 4.0 I
Powers and duties of city manager § 4.03

CITY OBLIGATIONS
Powers, duties and obligations of the city
See POWERS, DUTIES AND OBLIGATIONS

OF THE CITY

COMMISSIONS, BOARDS AND COMMITTEES
§ 7.04
CONFLICTS OF INTEREST § I 1.0 I

CONTINUITY OF LA WS, OFFICERS AND
EMPLOYEES § 13.04
D
DEFINITIONS § 11.04
DEPARTMENT HEADS § 7.02
DEPARTMENTS § 7.01
E

ELECTIONS
Election procedures § 10.0 I
Initiative, referendum and recall § 10.03
Special elections § 10.02
CIX-J
F

FINANCIAL PROCEDURES
Adoption of budget § 8.05
Annual budget § 8.03
Budget amendments after adoption § 8.06
(Lindsay SUI'!'. No J.2·()7)
January 10, 2023 Regular Meeting of the Lindsay City Council

Page 330 ends

FINANCIAL PROCEDURES
Capital program and budget § 8.09
City council review of budget § 8.04
Financial systems § 8.01
Lapse of appropriations § 8.08
Miscellaneous fiscal procedures § 8.12
Overexpenditures prohibited § 8.07
Public documents § 8.10
Purchasing and contracting § 8.1 I
Submission of budget and budget message § 8.02
FORM OF GOVERNMENT § 1.03
FRANCHISES § 11.02
G

GENERAL MUNICIPAL POWERS
Duties and obligations ofthe city council § 2.06
General law powers § 2.02
Intergovernmental powers § 2.04
Liberal interpretation § 2.05
Municipal affairs § 2.03
Powers of the city § 2.0 I
M

MA YOR AND CITY COUNCIL
Actions requiring an ordinance § 3.08
City council § 3.0 I
Compensation and expenses § 3.05
Council procedure § 3.07
Emergency ordinances § 3.10
Filling of council vacancies § 3.04
Independent audit § 3.15
Judge of qualifications § 3.02
Mayor § 3.12
Mayor pro tern § 3.13
Ordinance authentication, recording and codes
§ 3.11
Ordinances in general § 3.09
Powers and duties of the city council § 3.06
Prohibitions on city council § 3.14
Vacancies and forfeiture of office § 3.03
(Linds.1Y Supp. No.3. 2-07)
N
NAME § 1.01
P
PERSONNEL SYSTEM § 7.03

PURCHASING AND CONTRACTING
Budget § 8.11
R

REVENUE
Taxation, revenues and debt
See TAXATION, REVENUES AND DEBT
SEVERABILlTY § 13.02

SPECIAL COUNSEL
City attorney § 6.03
S
T

TAXATION, REVENUES AND DEBT
Annual review of rates and fees § 9.04
Balanced revenue system § 9.03
Debt § 9.05
Depositories and investments § 9.06
Property taxation § 9.0 I
Tax limit § 9.02
TRANSITION § 13.01

TRANSITION OF CURRENT ELECTED OFFICIALS
§ 13.03
V
VIOLATIONS § 11.03
CIX-2
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SUPPLEMENT NO.3

INSERTION GUIDE

LINDSAY MUNICIPAL CODE
February, 2007
(Covering Ordinances through 522)
This supplement consists of reprinted pages replacing existing pages in the Lindsay Municipal Code.

Remove pages listed in the column headed "Remove Pages" and in their places insert the pages listed in the column headed "Insert Pages."
This Guide for Insertion should be retained as a permanent record of pages supplemented and should be inserted in the front of the code.

Remove Pages Insert Pages
Preface ............................................................................................... Preface Table of Contents ............................................................. Table of Contents

CHARTER
--- ............................................................................................. C-I--C-23

CHARTER INDEX
--- ...................................................................................... CJX-I-CIX-2

STATUTORY REFERENCES
533-537 ................................................................................... 533-537 January 10, 2023 Regular Meeting of the Lindsay City Council

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← All documents from this meeting