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City Government

 

City Charter - Chapter XVIII

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Transitional Provisions

Section 18.1.  Status of Transitional Provisions.

       The purpose of this chapter is to provide for an orderly transition from the old government of Westminster to a new Council-Manager government under provisions of this Charter.  Such chapter shall constitute a part of this Charter only to the extent and for the time required to accomplish that end.

Section 18.2.  Continuation of Appointed Officers and Employees.

       Except as otherwise provided herein, after the effective date of this Charter all appointive officers and all employees of the City shall continue in that City office or employment which corresponds to the City office or employment which they held prior to the effective date of the Charter as though they had been appointed or employed in the manner provided in this Charter, and they shall in all respects be subject to the provisions of this Charter; except that any officer or employee who holds a position which this Charter provides be held at the pleasure of the appointing officer or body shall hold such position only at such pleasure regardless of the term for which originally appointed.

Section 18.3.  First Election Under Charter.

       The first Council to take office under provisions of this Charter shall be elected at a special municipal election to be held on March 11, 1958.  At this election the voters shall be entitled to vote for not more than seven (7) candidates for Council.  The three (3) candidates who receive the three (3) highest numbers of votes shall be declared elected for a term beginning on March 17, 1958, and ending on Monday next following the date of the regular City election in 1961.  The four (4) candidates for Council who receive the fourth, fifth, sixth and seventh highest numbers of votes shall be declared elected for a term beginning on March 17, 1958, and ending on the Monday next following the date of the regular city election of 1959.  After this initial special election the provisions contained in this Charter relative to elections and terms of elective officers shall govern.

Section 18.4.  Transitional and Reorganization Period.

       The period from the effective date of this Charter to March 18, 1958, shall be known as the transitional period.  During the transitional period the statutes governing second class cities shall continue to remain in effect, except that for the purpose of nominating and electing members of the Council, or filling vacancies thereon, Chapter III of the Charter shall be immediately operative.

       The period from March 18, 1958, to July 1958, shall be known as the reorganizational period.  Following the election and qualification of the first Council under this Charter, the Council shall proceed with the recruitment and selection of a City Manager, who upon assumption of the duties of such office shall proceed with the reorganization of the administrative service of the City hereunder, and all other offices and employees shall proceed to effectuate the other provisions of this Charter so that it shall be fully operative on July 18, 1958, except as otherwise provided in the Charter.

Section 18.5.  Retirement Plans.

       This Charter shall not affect any contractual relationships existing on the effective date of this Charter between the City of Westminster and any officers or employees by reason of any retirement plans in effect.

Section 18.6.  Local Improvements.

       This Charter shall not affect local improvements not completed on the effective date of this Charter.  Neither shall the provisions of this Charter affect municipal bonds outstanding on said effective date.

Section 18.7.  Municipal Court.

       Until such time as the City Council shall provide by ordinance for the rules, procedure, proceedings, costs and fees in the Municipal Court as required in Section 16.2, the rules, procedure, proceedings, costs and fees, as provided by the statutes governing second class cities, shall remain in effect.

Section 18.8.  Saving Clause.

       This Charter shall not affect any suit pending in any Court or any document heretofore executed in connection therewith.  Nothing in this Charter shall invalidate any existing contracts between the City of Westminster and individuals, corporations, or public agencies.

 

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