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HomeMy WebLinkAboutOrdinance #464 I ORDINANCE N0. �- CO \ AN ORDINANCE PROVIDING FOR SALARY PAY ROLL DEDUCTIONS FOR OFFICERS AND E10. LOYEES OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, FOR THE PURPOSE OF PURCHASING UNITED STATES SAVINGS BONDS (DEFENSE BONDS) OR SIMILAR UNITED STATES OBLIGATIONS, AND PROVIDING FOR ' THE ESTABLISHIVENT OF A TRUST FUND TO BE DESIGNATED AS "EMPLOYEES DEFENSE BONDS TRUST FUND. " i `II, I WHEREAS, the people of the United States are en gaged in a war the successful prosecution of which is necessary in order to maintain our democratic form of gov- ernment and its freedoms as guaranteed by the Bill of Rights, - and WHEREAS, the Federal Government has instituted a Idemocratic program of financing the tremendous cost of the war and is asking all citizens to purchase defense bonds, and WHEREAS, the authority for public officers and it employees to request pay roll deductions for purchasing defense savings bonds will materially expedite and enhance Ib the program of the Federal Government, and WHEREAS, Chapter 2 of the Session Laws -adopted by j � the Fifty-fourth ( Second Extraordinary) Session of the Legislature of the State of California, provides that the governing bodies of counties, cities and counties, cities, municipal corporations, political subdivisions, public districts, and other public agencies of the State of California are authorized to provide for the purchase of I I United States savings bonds or similar United States obligations by salary or wage deductions for those officers and employees who make written requests for such deductions and such purchases, and WHEREAS, by said Act of the Legislature , all auditors, t.resurers, and other disbursing officers are i authorized to recognize and act upon such.;reque st s for salary or wage deductions and to establish special accounts I for each such officer and employee so that sufficient funds may be accumulated to the credit of such officer or employee > for the purchase cf.'United States savings bonds, or sim- ilar United States obligations, all such funds so accumulated to constitute trust funds NOW THEREFORE, in and by the above preamble and statement the city Council declares and defines an, , ,i emergency exists necessitating the following ordinance for the immediate preservation of public peace, property, convenience, health, safety and welfare; WHEREFORE, the City Council of the City of Huntington Beach, California, does ordain as follows: Section 1: Any officer or employee of the City of Huntington Beach may authorize the purchase , by the city treasurer, from trust funds derived through voluntary pay roll deductions, of. United States savings bonds (Defense Bonds) or similar United States obligations, on behalf of and to the credit and for the issuance to such officer or employee. The authorization for such pay roll deduction shall be in such form as the city controller may determine, shall be signed by the officer or employee and delivered to the city controller and thereafter, and until revoked or canceled by such officer or employee, shall be effective as to each and every pay roll. Each nay roll upon which any deductions are made as authorized herein shall be accom- panied by a check or demand upon the Salary Account against which.;;uch pay roll is issued in favor of the"Employees Defense Bonds Trust Fund" hereinafter established by this ordinance. Section 2: The board, officer or employee , having t the management or control of any department or office is hereby authorized and directed, when notified so to do by the controller, to make or cause to be made deductions �-- from the salary of any officer or employee for the payment into said trust fund of the amounts authorized by said officer or employee to be deducted for the purchase of the bonds referred to in Section 1 hereof. Section 3: The controllershall perform such duties as may be necessary in the handling of such deductions and 1 shall perform an allied clerical work pertaining thereto. p y a a p i g He shall deliver to the city treasurer the checks or I demands drawn in favor of said trust fund as provided in Section I hereof. Section 4: The payment to any officer of employee of a pay roll check or demand equal to the difference be- tween the salary earned and the deductions made .pursuant to this ordinance, shall constitute a full and complete discharge and acquittance cf-`a.11 claims and demands whatever i 1 for the services rendered by such employee during the period covered by such pay roll check or demand. Section 5: That a trust to be designated as "Employees Defense Bonds Trust Fund" is hereby created and established and the city treasurer shall administer the same in accordance with the provisions hereof. It shall be his duty to receive all amounts deducted from pay rolls as herein provided and place the same in the trust fund hereby established and to keep separate accounts showing the amounts which accumulate in the name end to the credit of . each officer or employee authorizing such pay roll deductions. Whenever there shall accumulate to the credit of any such officer or employee an amount of money in their respective accounts sufficient for the purchase of a United States savings bond or bonds , or similar United States obligations, as authorized by such officer or employee, the city treasurer shall forthwith purchase and issue to such officer or em- ployee , or to their duly authorized representatives, a bond , - or bonds or other United States obligations so purchased by him in their behalf. Before delivering any of the bonds so purchased the city treasurer shall require each such officer i or employee or their duly authorized representatives to execute proper instruments evidencing the issuance and delivery of such bonds or similar United States obligations. Section 6: In the event that any officer's or employee ' s term of service or employment with the city ter- minates before the amount of his authorized deductions has accumulated in his account to an amount sufficient to purchase the bond or bonds, or in the event any such pay roll deduction is revoked or cancelled, a, demand shall be drawn upon such fund for the amount then standing to the credit of said officer or employee to be delivered to him upon the closing of said account. Section 7: If any section, subsection, sentence, clause or phrase of this Ordinance for any reason is held to be unconstitutional, such decision shall not affect the valid- ity of the remaining portion of this Ordinance. The City Council of the City of Huntington Beach, California, hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sec- tions, subsections, sentences, clauses or phrases be declared unconstitutional. rl-- Section 8: That this Ordinance , being the emergency measure, � i the immediate preservation of public peace , property, health, safety and general welfare which emergency is set forth and defined in the preamble hereto, shall take effect and be in force from and after the passage and adoption hereof. Section 9: The City Clerk shall certify to the pas- sage and adoption of this Ordinance by a vote of-four-fifths 'F (4/5) of the members of the City Council, and shall thereafter i for more public notice cause the same to be published by one insertion in the Huntington Beach News, a newspaper of general circulation, printed, published and circulated in the City of Huntington Beach, California. I � G� ,.._. ATTEST: ' iAYOR City Clerk I STATE OF CALIFORNIA County of Orange ssg City of Huntington Beach ) I,, C. R. FURR, bhe duly elected, qualified and acting City Clerk of the City of Huntington each, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was first read to said City Council at a Regularly Adjourned meeting thereof held on the 16th day of November, 1942, and was again read to said City Council at a Regular meeting thereof held on the 7th day of December, 1942, and was passed and adopted by the affirmative vote of more than a majority of all the i members of said City Council as follows: AYES; Councilmen.• Henriekson, Hawes , Grable, Morehouse, Talbert® NOES; Councilmen; None ABSENT: Councilmen; None. JA;A _ City Clerk an e� officio Jerk of the City Council of the City of Huntington Beach, California.