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HomeMy WebLinkAbout1290 - ADMIN Ordinance - City Council - 1975/04/07• ORTG INAL ORDINANCE NO 29 0 MARCH 31, 1975 6C3 AN ORDINANCE AMENDING SECTIONS 6.02, 6.03, 6.04, 6.05, 6.09, 6.10, 6.14, 6.15, 6.16, AND 6.17 OF THE ST. LOUIS PARK HOME RULE CHARTER THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. Section 6.02 of the Home Rule Charter of the City of St. Louis Park entitled "Power of Taxation" is amended to read: Section 6.02. Power of Taxation. The city shall have, in addition to the powers by this charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the state which are generally applicable to cities or are specifically applicable to the cities of the class of which it may be a member from time to time. The amount of taxes levied against real and personal property within the city for general city purposes not the subject of special statutory authorization shall not exceed 12 mills on each dollar of the assessed valuation of the property taxable in the city unless the city council shall: (a) Adopt a resolution declaring the necessity for an additional tax levy and specifying the purpose for which such additional tax levy'is required. (b) Hold a public hearing pursuant to three weeks' published notice in the official newspaper of the city setting forth the contents of the resolution described in subdivision (a). (c) Adopt after such public hearing a resolution by an affirmative vote of at least six members of the council when resolution provides for such levy. Section 2. Section 6.03 of the Home Rule Charter of the City of St. Louis Park entitled "Board of Equalization" is amended to read: Section 6.03. Board of Equalization. The council shall constitute a board of equalization and shall meet as such in the usual place for holding council meetings on the first Monday in June to equalize the assessed valuations according to law. A majority of the members may act at such meeting and recess from day to day until they finish their statutory requirements. The length of their sessions shall not exceed 20 calendar days from date of convening. A published notice of such meeting shall be given in the official newspaper of the city at least ten days prior to the day of said meeting. • • Section 3. Section 6.04 of the Home Rule Charter of the City of St. Louis Park entitled "Preparation of Annual Budget" is amended to read: Section 6.04. Preparation of Annual Budget. The city manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by each department to the city manager. Each estimate shall be divided into three major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay. Salary detail shall show a list of all, salaried officers and positions with salary allowance and number of persons holding each. Wages shall be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the city manager shall direct. Capital outlay shall be itemized as to items and amounts. In parallel columns shall be added the amounts expended under similar heads for the two preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditures during the current year. In addition to estimates of expenditures, the city manager shall prepare a detailed statement of revenues collected for the two preceding completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the council not later than the first regular monthly meeting in September. The city manager shall submit with estimates such explanatory statement or statements as may be deemed necessary. Section 4. Section 6.05 of the Home Rule Charter of the City of St. Louis Park entitled "Passage of the Budget" is amended to read: Section 6.05. Passage of the Budget. The budget shall be the principal item of business not later than the first regular monthly meeting of the council in September and the council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to give interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions. The budget estimates shall be read'in full and the city manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual budget finally agreed upon shall be set forth in such detail as may be determined by the city council the complete financial plan of the city for the ensuing fiscal year. It shall indicate the sums to be raised and from what sources, and the sums to be spent, and for what purposes, according to the plan indicated in Section 6.04. The total sum appropriated shall not exceed the total estimated revenue. The council shall adopt the budget during the month of September by ordinance which shall set forth the total of the budget and the totals of the major divisions of the budget, according to the plan indicated in Section 6.04. Section 5. Section 6.09 of the Home Rule Charter of the City of St. Louis Park entitled "Levy and Collection of Taxes" is amended to read: Section 6.09. Levy and Collection of Taxes. Each year the council shall levy by resolution and in the manner provided by law the taxes necessary to meet the requirements of the budget for the ensuing fiscal year. The city clerk shall transmit to the county auditor annually a statement of all the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as state and county taxes. No tax shall be invalid by reason of any informality in the manner of levying the same, nor because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in that case the surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. Section 6. Section 6,10 of the Home Rule Charter of the City of St. Louis Park entitled "Tax Settlement with County" is amended to read: Section 6.10. Tax Settlement with County. The Director of Finance shall ensure that all monies in the county treasury belonging to the city are promptly turned over to the city according to law. Section 7. Section 6.14 of the Home Rule Charter of the City of St. Louis Park entitled "Accounts and Reports" is amended to read: Section 6.14. Accounts and Reports. The city manager shall be the chief accounting officer of the city and of every branch thereof, and the council may prescribe and enforce proper accounting methods, forms, blanks, and other devices consistent with law, this charter, and the ordinances in accord with it. The city manager shall submit to the council a statement each month showing the amount of money in the custody of the city treasurer, the status of all funds, the amount spent or chargeable against each of the annual budget allowances and the balances left in each, and such other information relative to the finances of the city as the council may require. The council may at any time and shall annually provide for an audit of the city finances by a certified public accountant or by the department of the state authorized to make examinations of the affairs of municipalities. On or before the first day of May in each year the city manager shall prepare a complete financial report in form approved by the council of the city's financial operations for the preceding calendar year, which report may be published in such manner as the council may direct and a summary thereof shall be published in the official newspaper on or before May 10th of each year. Section 8. Section 6.15 of the Home Rule Charter of the City of St. Louis Park entitled "Bonded Debt and Debt Limit" is amended to read: Section 6.15. Bonded Debt and Debt Limit. (a) In addition to all the powers in respect to borrowing and the issuance of bonds and other obligations for the payment of money specifically or impliedly granted by this charter, and any amendments thereto, the city shall have all the powers in reference to these subject matters granted to cities of its same class by the laws of the State of Minnesota in force from time to time. The City shall have the power to issue and sell its bonds to the State of Minnesota and to comply with all provisions of law relative to loans to municipalities from the permanent state funds. The city shall also have such powers as are necessary to obtain loans or funds from the Government of the United States and any of its instrumentalities or from the State of Minnesota or any of its instrumentalities, and to comply with all provisions of law relative to obtaining such loans or funds. (b) The council by a vote of at least six of its members may authorize the issuance of bonds to provide funds for any public purpose not prohibited by law, or may in its discretion by a majority vote of all of its members submit to the voters propositions for the issuance of such bonds. When such a proposition is submitted to the voters, no bonds or other term obligations of the city may be issued except pursuant to a favorable vote of a majority of those voters who vote on the proposition of their issuance. By the proceedings for the issuance of any bonds, by the terms of bonds and by agreements with the purchasers of bonds, they may be made special in character and limited in their payment to earnings or to part earnings and part tax funds. To the extent that they are thus payable out of earnings or other than tax funds, such bonds shall not be paid out of taxes. The total bonded debt of the city at the time of the issuance of any bonds shall not exceed the limit authorized by state law for cities of the same class, but in computing the total bonded debt, certificates of indebtedness, bonds, warrants or other obligations issued before or after the adoption of this charter shall not be included or counted if (1) held in a sinking fund maintained by the city; or (2) issued for the acquisition, equipment, purchase, construction, maintenance, extension, enlargement or improvement of street railways, telegraph or telephone lines, water, lighting, heat and power plants, or either, or any other public convenience from which a revenue is or may be derived, owned and operated by the city, or the acquisition of property needed in connection therewith, or for the construction of public drainage ditches, storm and sanitary sewers, or for the acquisition of lands for streets, parks, or other public improvements or for the improvement thereof, to the extent that they are payable from the proceeds of assessments levied upon property especially benefited by such improvements; or (3) issued for the creation of maintenance of a permanent improvement revolving fund; or (4) for the purpose of anticipating the collection of general taxes for the year in which issued. Section 9. Section 6.16 of the Home Rule Charter of the City of St. Louis Park entitled "From and Repayment of Bonds" is amended to read: Section 6.16. Form and Repayment of Bonds. No bonds shall be issued to run for longer than the reasonable life expectancy of the property or improvement for which the bonds are authorized, as ascertained and set forth in the resolution authorizing such bonds, and in no case shall bonds be issued to run for more than thirty years. The purposes for which bonds are authorized shall be set forth in the resolution authorizing them, and the proceeds from such bonds shall not be diverted to any other purpose. It shall be the duty of the city manager to include in the budget estimates each year a sum or sums amply sufficient to pay the principal of, and the interest on, any bonds which are to fall due in the coming fiscal year, and another sum sufficient to pay the interest for the same year on the bonds which will be still outstanding. It shall be the duty of the council, enforceable by mandamus upon the suit of any bondholder or taxpayer, to include such sum or sums as may be necessary for this purpose in the annual budget when it passes. • • • Section 10. Section 6.17 of the Home Rule Charter of the City of St. Louis Park entitled "Debt and Tax Anticipation Certificates" is amended to read: Section 6.17. Debt and Tax Anticipation Certificates. (a) If in any year the receipts from taxes or other sources should from some unforeseen cause become insufficient for the ordinary expenses of the city, as provided for in the budget, or if any calamity or other public emergency should subject the city to the necessity of making extraordinary expenditures, then the council may authorize the sale by the city treasurer of emergency debt certificates to run not to exceed eighteen months and to bear interest at not more than the rate established by State Law. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget of the following year. The authorization of an issue of such emergency debt certificates shall take the form of an ordinance approved by at least five of the members of the council; the ordinance may, if deemed necessary, be passed as an emergency ordinance. (b) For the purpose of providing necessary monies to meet authorized expenditures, the council may issue certificates of indebtedness in any year prior to the receipt of taxes payable in such year, such certificates to be repaid out of such taxes before the end of such year, on such terms and conditions as it may be determined, bearing interest at a rate not to exceed six percent per annum; provided that such certificates outstanding at any one time shall not exceed forty percent of the tax levy payable in the current year belonging to the fund for the benefit of which the borrowing is authorized. Section 11. This ordinance shall take effect ninety days after its passage and publication. Attest: LJd ity Clerk Adopted by the City Counci pr' 7, 1975 Reviewed for administration: Approved as to form and legality: City torney SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota ss. County of Hennepin J R RITCHAY, being duly sworn, on oath says he is and during all times here stated has been the vice president and printer of the newspaper known at The St Lows Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches (2) Said newspaper is a weekly and 1s distributed at least once each week (3) Said newspaper has 50% of its news columns devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin and it has its known office of issue in the City of Bloomington in said county, established and open during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and maintained by the managing officer or persons m its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such regular business hours to the business of the news- paper and business related thereto (8) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication mentioned below (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1986 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 1290 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for one successive weeks, that it was first so published on Thurs the 10 and was thereafter printed and published on every day of April 19_1_2 to and including the day of , 19- and that the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, to -wit a bedefg hi j kl m nopgrstuvwx yz a/'/ (Official Publication) MARCH 31, 1975 6C3 ORDINANCE NO 1290 AN ORDINANCE AMENDING SECTIONS 6 02, 8 03, 6.04, 6 05, 6 09, ' 6 10,6.14,6 15,6 16, AND 817 OF THE ST LOUiS PARK HOME RULE CHARTER THE CITY OF ST LOUIS PARK DOES ORDAIN Section f Section 6 02 of the Home Rule Charter of the City of St Lotus Park entitled "Power of Taxation" is amended to read Section 6 02 Power of Taxation The city shall have, in addition to the powers by this charter expressly or impliedly granted, all the powers to raise money by taxation pursuant to the laws of the state which are gener- ally applicable to cities or are speci- fically applicable to the cities of the class of which it may be a member , from time to time The amount of taxes levied -against real and per- sonal property within the city for general city purposes not the subject of special statutory authonzation shall not exceed 12 mills on each dol- lar of the assessed valuation of the property taxable in the city unless the city council shall (a) Adopt a resolution declaring the necessity for an additional tax levy and specifying the purpose for which such addi- tional tax levy Is required (b) Hold a public hearing pursuant to three weeks' published notice in the official newspaper of the city setting forth the con- tents of the resolution de- scribed in subdivision (a) (c) Adopt after such public hearing a resolution by an affirmative vote of at least six members of the council when resolution provides for such levy ' Section 2 Section 6 03 of the Home Rule Charter of the City of St Lows I Park entitled "Board of Equalize- tion" is amended to read Section 6 03 Board of Equaliza- tion The council shall constitute a board of equalization and shall meet I as such in the usual place for holding council meetings on the first Monday in June to equahze the assessed valu- ations according to law A majority of the members may act at such meeting and recess from day to day until they finish their statutory re- quirements The length of their ses- sions shall not exceed 20 calendar days from date of convening A pub- lished notice of such meeting shall be given in the official newspaper of the city at least ten days prior to the day of said meeting Section 3 Section 6 04 of the Home Rule Charter of the City of St Lows Park entitled "Preparation of An- nual Budget" is amended to read Section 6 04 Preparation of Annual Budget The city manager shall pre- pare the estimates for the annual budget which shall include any esti- mated deficit for the current year The estimates of expenditures shall be submitted by each department to the city manager Each estimate shall be divided into three major subdivisions as follows (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay Salary detail shall show a hst of all salaried offic- ers and positions with salary allow- ance and number of persons holding each Wages shall be broken down in sufficient detail to justify the re- quest Ordinary expenses shall be broken down into such detail as the city manager shall direct Capital outlay shall be itemized as to items and amounts In parallel columns shall be added the amounts expended under similar heads for the two preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditures during the current year In-addinorrto estimates of e'- the amount spent or chargeable against each of the annual budg al- lowances and the balances left in each, and such other information re- lative to the finances of the city as the council may require The council may at any time and shall annually provide for an audit of the city fi- nances by a certified public accoun- tant or by the department of the state _ authorized to make examinations of - the affairs of municipalities On or - betore the first day of May in each year the city manager shall prepare 'a complete financial report in form approved by the council of the city's financial operations for the preced- ing calendar year, which report may be published in such manner as the council may direct and a summary thereof shall be pubhshed in the offi- cial newspaper on or before May 10th of each year Section 8 Section 6 15 of the Home Rule Charter of the City of St Louis Park entitled "Bonded Debt and Debt Limit" is amended to read Section 6 15 Bonded Debt and Debt Limit (a) In addition to all the pow- ers in respect to borrowing and the issuance of bonds and other obliga- tions for the payment of money speci- fically or impliedly granted by this charter, and any amendments thereto, the city shall have all the powers in reference to these subject matters granted to cities of its same class by the laws of the State of Min- nesota in force from time to tune The City shall have the power to issue and sell its bonds to the State of Min- nesota and to comply with all provi- sions of law relative to loans to municipalities from the permanent state funds The city shall also have such powers as are necessary to ob- tain loans or funds from the Gov ment of the United States and • its instrumentalities orf - State of Minnesota- or any strumentalities, and to co all provisions of law rele' taming such loans or func (b) The council by a vot six of its members may ai issuance of bonds to provi any public purpose not p law, or may in its discretior y jority vote of all of its member_ mit to the voters propositions for the issuance of such bonds When such a proposition is submitted to the vot- ers, no bonds or other term obliga- tions of the city may be issued except • pursuant to a favorable vote of a ma- jority of those voters who vote on the proposition of their issuance By t proceedings for the issuance o bonds, by the terms of bonds agreements with the purch' bonds, they may be made' character and limited ment to earnings or to p and part tax funds To U they are thus payable c or other than tax funiltd shall not be paid our/ ..a�� total bonded debt o; city a time of the issuani .if any bonds shall not exceed the emit authorized by state law for cities of the same class, but in computing the total bonded debt, certificates of inde- btedness, bonds, warrants or other obligations issued before or after the adoption of this charter shall not be included or counted if (1) held in a sinking fund maintained by the city, or (2) issued for the acquisition, equipment, purchase, construction, maintenance, extension,fonlarge- ment or improvement of street rail- ways, telegraph or telephone lines, water, lighting, heat and power plants, or either, or any other public convenience from which a revenue is or may be derived, owned and oper- ated by the city, or the acquisition of property needed in connection therewith, or for the construction of public drainage ditches, storm and sanitary sewers, or for the acgwsi- tion of lands for streets, parks, or other public im rove�metnt i orr tor tthe Subscribed and sworn to before me this 10 day of (Notarial Seal) d Mu el L Quist, Notary ubhc, Hennepin County, Minn My Commission Expires July 28th, 1978 s April fiscal year The escoun fid, or Y f Prove G� s �e y than th ed to the council not natet pating i the a G o than the first regular monthly axes for De e'°!!e '° °P d hain tlsubmitwbthestmater The s such text f SCCtharon vean�r n GeP°fJD�p d y as Rule C kCt10 19_Z5lavatory statement or statements as park entitle{ the Y''P^�� may be deemed necessary of Bonds" is°rrn o G G� • Section 4 Section 8 05 of the Home t Section 6 1 nd�G�� P I Rule Charter the City of stof the of Bonds No[wh� Park entitledrof Pato re Jrun for longels Budget" is amended to reed of the(tife expectancy, Section 6 05 Pesseg impiovementt� Budget The budget shall be tht�Aut�rtzed as principal item of business not lat forth in the rc� I than the first regular monthly mea such bonds, arh the council shallihoSld subserqu thoirty ds be issued e meetings from time to time untij bonds Years Ther n the estimates have been consids forth in the re o�f The to give interll be so ested citiz bonds and the lily as g shall not reasonable amount of urlund (e ily theegpnpose It ss to be heard, and anopp r es bud city managera questions The budgetsrums testimateseyof shall be read in full and the amP1Y suffithe ager shall explain the curlbonds pal of hand[or the in thereof as fully C may f commwhich are the necessary by the council , gfiscalyear budget finally agreed ur sufficient to pa rhe set forth in such detail a iioe Year on the bonds ,h [ermined by the city coee of tlheutstanding It shalle plate financial plan ofet damusCounct, elite ---i g ensuing fiscal year 1 upon the swt o the sums to be raiseAt• a� su r taxpayer, toe uan d and the 5rt0 msasmaybenecessa sources, y11e purpose in the and for what par ex Passes annual bud the pllsu indicated L,,. ”oto Section on 10 Section 6 17of l total sum app get hurter ceed the total by Park enar of the City of St The council itis the Patron CertifdicaDtees t and Tax during the mo s of read is amen; ordinance wht ac_ Section pts fro 6 17 Debt total of the b� Sec- fhet�esourcece rt�Cates (e) fand Tax A\ the malor do i on 604 cording to Llouise foreseen should frtaxer so r o • . . . t7N3 cause R� eCChtai}tion of for the ordinary become insufhcel provided for expenses of the cel I Tax eni1 Shall maner Catyshtould etheothergepubl Sectimanner the neeessit subthe cit Jett y t /* laveticofsthe may expenditures, thengheco°rill levy 1 Yea tri Y authorize the s) uncal to a �S� ii at F Pr it to the cafes tneruf emergency debt 31 City 6 b ement months and not to certifi to bear int eighteen StateLaw rate establ not gell sec A tax sufficient to redeem Jf a $ hcertrficatesa Thuch taxes more than the erest at ,pa do Yment 1 es ed by . take axes No levied asp t tmaturetystnl i so • n of anyfollow ar of the l • . ,of levying an ass ng Year The authorization of ae amount [misses of such emergencyshall debt ter - the sent re- dinance approved by at least five of Ij • • •arnee sPecid, may, if dee t plus s Hance Council, he orae ur • d and hall go Passed asan geednnecessary, ev shall be (bt For the emergency ordinance Y for the ensu- necessarymoniesto Providing the 6 10 of the Home certificates expenditures, the nmyissueTax City of Yearpnortothein ?t}I2 mi any Setread t wi aeensr tothe rptfspa- iendd tread hTax Settlmnwith end obe pid o tfs, such r he re I i yeas that all monies Finance conditions as et mar, en such terms and I ury beton the bearingY be determined, ' °mpt)y turn belonging to the city interest at a r rfding to law ed over to the cit ceded that x such ee ate not to ex section 7 Y Per annum, pro- ule Charter Section 6 14 theof int at any one timecertificates outstand_ of the City Home forty percent of the [shall not exceed OOP fD J irk entitled 'Accounts °f St Louis in the ax levypayable �4} 10polio rts" is amended to reaed andCurrent year beton p �� tic The city tion 6 14 ants and Re -rowing is auor the thorized f which he bto ore ado�anu3 Accounts 't account! manager Re- Section 11 This B� {SaMPtw untn g shall be th ofever g °sheer of the cite Y branch thereof, and the 'ci'rla accounting methods, be and enforce m '3, and other devices consistent i`w, this charter, and the ordl- I in accord with it The city .I. eacsubmit tothe counmla ,rit?f money e thecuth stodyof the he `• rer, statuso fall funds, take effect vane[ ordinance shall �a}}D UI SJe sage andp publication after its pas- 1975d0Pte° bYtheCityCounclgpnl7 a o 8 0} SD t (s) F ; 4} 4} RANK FLEETHAM Attest (s) EARL I'IANSON Mayor City Clerk I Reviewed for administration pppp )t CHRISCiCHERCRES (s)AWAY EaPOPf°rMandlegaLger City Attorney (April 10, 1975)—SLP-G V UO3 SU J I