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Ord 1744 - AMENDING TOWN CODE SECTIONS 2 -7 - DELEGATION OF CERTAIN DUTIES; 2 -10.4 - OFFICE OF THE DIRECTOR OF FINANCE, AND ADDING SECTION 2 -7.1 - CONTRACTS AND AGREEMENTS TO BE FILED WITH TOWN CLERKORDINANCE NO. 1744 AN ORDINANCE AMENDING TOWN CODE SECTIONS 2 -7 - DELEGATION OF CERTAIN DUTIES; 2 -10.4 - OFFICE OF THE DIRECTOR OF FINANCE, AND ADDING SECTION 2 -7.1 - CONTRACTS AND AGREEMENTS TO BE FILED WITH TOWN CLERK The Town Council of the Town of Los Gatos hereby ordains: SECTION 1. Section 2 -7 of the Town Code is hereby amended to read as follows: Sec. 2 -7 Delegation of certain duties (a) Signing check - warrants. The town clerk shall sign all check - warrants drawn on the town treasurer. The town treasurer shall countersign all check - warrants drawn on his /her office. In the absence of either the town clerk or the town treasurer, their respective appointed deputies be authorized to sign check - warrants as prescribed herein. In the event that the town treasurer or his /her appointed deputy does not sign check - warrants within the prescribed time limits established by town council resolution, the town mayor or vice -mayor may review and sign check - warrants. (b) Town bank accounts. All Town bank accounts will have any of the following two (2) signatories. Any two of the following are required to process checks /warrants: Town Treasurer Town Clerk Mayor (c) Delegation of investment function. The Council is responsible for the delegation of authority and responsibility for investments. (1) The Council's delegate-for investments shall annually provide an updated investment policy. The primary goal of the policy shall be the safekeeping of the Town's deposits and investments. In addition, the policy shall: (a) Reflect that the Town will deposit no more than the exempted amount set forth in Government Code Section 53638 in any financial institution unless the net worth of the institution at the time of the individual deposit exceeds the Town's deposit in accordance with Government Code Section 53638. -1- (b) Limit consolidation of the Town's investments or deposits to no more than ten per cent (10 %) of the Town's entire portfolio (except the Local Agency Investment Fund [L.A.I.F.] which can be higher). (c) Establish criteria for evaluating the minimum financial strength of banks and savings and loans eligible for Town deposits and criteria for evaluating the minimum investment grade for securities eligible for Town investments. (d) Acceptance of conveyances. The Town Engineer may accept on behalf of the town any conveyance of an interest in real property and execute instruments of acceptance, including certificates of acceptance under the provisions of Government Code section 27281. (e) Signing standard development contracts. The Town manager may sign, on behalf of the Town, standard development, improvement and dedication contracts when such contracts are connected with conditions on land development, imposed in land division or zoning proceedings. (Ord. No. 1103, § 1; Ord. No. 1644 § 1.) Section 2 -7.1 of the Town Code is hereby added to read: Sec. 2 -7.1 Contracts and Agreements to be Filed with Town Clerk. Copies of all contracts and agreements are to be filed with the Town Clerk including all contracts and agreements regarding the safekeeping of Town money. This shall include all contracts or subsequent agreements for any deposit or investment. Section 2 -10.4 of the Town Code is hereby amended to read: Sec. 2 -10.4 Office of the Director of Finance Established. (a) The Director of Finance shall be the accounting officer of the Town and shall have the responsibility for performing all accounting functions for the Town. (1) The Director of Finance shall be the Town Manager or Town Manager's delegate. (b) The Director of Finance shall maintain records readily reflecting the financial condition of the Town. (c) The Director of Finance shall cause a summary of the Town's financial report required by Government Code Section 53891, in a form prescribed by the State Controller, to be published in accordance with Government Code Section 40804 and 40805. (d) The transfer of the financial and accounting duties imposed upon the Town Clerk by the Government Code to the Director of Finance shall not affect the duties of the Clerk to sign check - warrants as set forth in Section 2 -7. (Ord. No. 1658.) -2- (e) The Director of Finance shall cause a cash forecast to be prepared and distributed quarterly to the Town Treasurer. (f) The Director of Finance shall develop a financial policies and procedures manual. (g) The Treasurer is to notify Director of Finance of all transfers, investments, and deposits written by the Treasurer or Deputy Treasurer. RRCTTnN 2. This ordinance takes effect 30 days after the date it is adopted. Within fifteen (15) days after this ordinance is adopted, the Town Clerk shall cause it to be published once in a newspaper of general circulation published and circulated in the Town. This ordinance was introduced at a regular meeting of the Town Council held on the 16 day of February , 1988; and PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7 day of March 1988 by the following vote: AYES: COUNCIL MEMBERS Joanne Benjamin, Thomas J. Ferrito, Brent N. Ventura, and Mayor Eric D. Carlson NOES: COUNCIL MEMBERS Robert L. Hamilton ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS SIGNED: 1 MAYOR OF THE TOWN OF LOS GATOS ATTEST: CLERK OF THE TOWN OF LOS GAT -3-