HomeMy WebLinkAbout1593 - ADMIN Ordinance - City Council - 1983/03/21ORDINANCE NO. 1593
AN ORDINANCE AMENDING THE ST. LOUIS PARK HOME RULE
CHARTER
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. The following sections of the Home Rule Charter are
hereby amended to read as attached:
Section 1.03 (former Section 11.09)
Section 1.04 (former Section 11.10)
Section 1.05 (former Section 1.03)
Section 2.03(b) (former Section 11.02)
Section 2.06
Section 2.07(a) -(d)
Section 3.07(a)(b) (former Section 11.01)
Section 4.06
Section 5.04(a); 5.04(b) (former Section 11.02)
Sections5.05 & 5.06
Sections 6.02, 6.04, 6.05, 6.06, 6.07, 6.08,
6.11, 6.12, 6.14, 6.15(b), 6.17(a)(b),
6.18(b)(c), 8.01, 8.02, 9.02, 9.03,
9.05, 9.06(a)(b)
Sections 11.01 - 11.05 (former Sections 11.04 - 11.08)
Section 11.06 (former Section 11.11)
Section 11.07 (former Section 11.03)
Section 1.03. City to Succeed to Rights and Obligations of
Former Municipality. The City of St. Louis Park shall remain vested
with and continue to have, hold and enjoy all property, property
rights, rights of action, and rights of every kind, privileges and
immunities now belonging to or pertaining to the City of St. Louis
Park, and shall be subject to all liabilities which exist against said
City on the effective date of this charter.
Section 1.04. Application of General Laws. All general laws and
statutes of the state applicable to all cities operating under home
rule charters, or applicable to cities of the same class as the City
of St. Louis Park operating under home rule charters, and not
inconsistent with the provisions of this charter, shall apply to the
City of St. Louis Park and shall be construed as supplementary to the
provisions of this chapter. The City shall have all powers and
authority granted by the laws of the state to municipalities to
acquire property or exercise authority or powers beyond the corporate
limits. All powers by this section conferred shall be exercised
conformably to this charter so far as may be possible, and such
authority and power shall not authorize the City to incur any bonded
debt beyond the limitations, or in any other manner than authorized by
this charter.
Section 1.05. Charter a Public Act. This charter shall be a
public act and need not be pleaded or proved in any case. It shall
take effect thirty (30) days from and after its adoption by the
voters.
Section 2.03. Elective Officers. (a) The Council shall be
composed of a Mayor and six Councilmen who shall be qualified voters.
The Mayor shall be elected at large for a term of four years. Two
Councilmen shall be elected at large for terms of four years each,
except that of the Councilmen, the one elected at large at the second
election following amendment of this charter in 1982, shall be elected
for a term of two years. Four Councilmen shall be elected for terms
of four years each•=from four separate wards of the City, except that
the Councilmen elected at the first election following amendment of
this charter in 1982 from ward number two and ward number four shall
be elected for terms of two years each. The Councilman elected from a
ward must be a resident of such ward and his ceasing to be a resident
thereof shall cause a vacancy in the office of Councilman from such
ward; provided, that a change in ward boundaries during his term of
office shall not disqualify him from serving out his term.
The term of Mayor and of each Councilman shall begin on the first
regularly scheduled meeting in the month following the month in which
the regularly scheduled municipal election is held, as specified in
4.02 of this Charter, and shall end when his successor has been duly
elected and has qualified. The Council shall be the judge of the
election of its members.
The City shall be divided into four separate wards, the
boundaries of which shall be established from time to time by
ordinances duly adopted by the Council, and based on findings of the
Council that the wards so established are of as near equal size in
both population and area as practicable. After each decennial census
of the United States, the Council shall redetermine ward boundaries,
and if the Council shall fail to do so within a period of two years
after the official certification of the decennial census, no further
remuneration shall be paid to the Mayor or Councilmen until the wards
of the City are duly redetermined as required by this charter.
(b) Oath of Office. Every officer of the City shall, before
entering upon the duties of his office, take and subscribe an oath of
office in substantially the following form: "I do solemnly swear (or
affirm) to support the Constitution of the United States and of the
State of Minnesota, and to discharge faithfully the duties devolving
upon me as (mayor, or councilman) of this City to the best of my
judgment and ability".
Section 2.06. The Mayor. The Mayor shall be the presiding
officer of the Council, except that a mayor pro tem shall be chosen to
hold office at the pleasure of the Council, who shall act as Mayor in
case of the Mayor's disability or absence from the City. The Mayor
shall vote as a member of the Council. The Mayor shall exercise all
powers and perform all duties conferred and imposed upon him by this
charter, the ordinances of the City and laws of the State. He shall
be recognized as the official head of the City for all ceremonial
purposes, by the courts for the purpose of serving civil process, and
by the governor for the purposes of martial law.
He shall study the operations of the City government and shall
report to the Council any neglect, dereliction of duty, or waste on
the part of any officer or department of the City. In time of public
danger or emergency he may, with the consent of the Council, take
command of the police, maintain order and enforce the law.
Section 2.07. Compensation.
(a) The Council shall set and may by ordinance increase or
decrease the salaries of the Mayor and Councilmen in a reasonable
manner; provided however, that no such ordinance shall be adopted
increasing or decreasing any such salary until a public hearing has
been held thereon after publication of a notice setting forth the
proposed ordinance and the time and place of the hearing with respect
thereto in the official newspaper at least one week in advance of such
hearing. No such ordinance increasing or decreasing any such salary
shall become effective before the first day in December following the
next municipal election, or such later date as is fixed in the
ordinance; and if, within thirty days after approval of such ordinance
increasing or decreasing any such salary, a petition asking for a
referendum on such ordinance is signed by registered voters equal in
number to 15% of those who voted at the last regular municipal
election and is filed with the City Clerk, such ordinance shall not go
into effect until it is first approved by a majority of those voting
thereon at a regular or special City election.
(b) When authorized by the Council its members shall be
remunerated for their reasonable expenses incurred in connection with
the City's business.
(c) The City Manager and all subordinate officers and employees
of the City shall receive such reasonable compensation as may be fixed
by the Council.
Section 3.07. Signing and Publication of Ordinances and
Publication of Minutes.
(a) Official Publications. The Council shall regulate by
ordinance, subject to the requirements of this charter, the manner in
which official publicity shall be given to the holding of elections,
ordinances, resolutions, requests for bids upon contemplated purchases
and contracts, and all other matters whatsoever which require
publication either by the provisions of this charter or by the laws of
Minnesota. It shall annually designate a legal newspaper of general
circulation in the City as the official newspaper in which shall be
published such measures and matters as are by the laws of this state
and this charter required to be so published, and such other matters
as the Council may deem it advisable and in the public interest to
have published in this manner. The Council may in its discretion, in
addition to the publications required by this charter, provide for the
publication of the annual budget, ordinances, resolutions, election
notices, and such other measures and matters as it may deem wise, by
mailing or the posting of typewritten, mimeographed or printed copies
thereof upon bulletin boards located in public places of the City in
such number and for such period of time as the Council may direct in
each case. Nothing herein contained shall be construed as authorizing
or attempting to authorize any violation of the constitution or the
statutes of the state in any matter which is of state concern or which
is exclusively under state control.
(b) Every ordinance passed by the Council shall be signed
by the Mayor, or by three other members of the Council, and attested
by the City Clerk upon passage thereof and shall be by him filed and
recorded in a book kept for that purpose and preserved. Every
ordinance shall be published at least once in the official newspaper
of the City. If the Council determines that publication of the title
and a summary of an ordinance would clearly inform the public of the
intent and effect of the ordinance, the Council may direct that only
the title of the ordinance and a summary be published with notice that
a full printed copy of the ordinance is available for inspection with
the City Clerk. Prior to the publication of the title and summary the
Council shall approve the text of the summary and determine that it
clearly informs the public of the intent and effect of the ordinance.
The publishing of the title and summary shall be deemed to fulfill all
legal publication requirements as completely as if the entire
ordinance had been published. All resolutions and motions duly passed
at each meeting of the Council may, in the discretion of the Council,
be published in full or in part in the official newspaper of the City.
Any administrative rule or regulation of any department of the State
of Minnesota affecting the City, or any statute of the State of
Minnesota, or any published code, specifications or regulations
prepared by an official or unofficial organization for general
circulation and use may be adopted and incorporated in an ordinance by
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reference thereto and by marking three copies thereof as "official
copies" and filing them for reference and inspection in the office of
the City Clerk, and the publication requirements of this charter shall
be as fully satisfied in such cases by this method as if the said
material had been set forth in the ordinance in full.
Section 4.06. Nomination by Petition. The mode of nomination of
all elective officers provided for by this charter shall be by
petition. The name of any elector of the City shall be printed upon
the ballot whenever a petition as hereinafter prescribed shall have
been filed in his behalf with the City Clerk. Such petition shall be
signed by at least fifteen electors qualified to vote for the office
in question. No elector shall sign petitions for more candidates than
the number of places to be filled at the election, and should he do so
his signature shall be void as to the petition or petitions last
filed. All nomination petitions shall be in the hands of the City
Clerk at least ninety (90) days before the general city election. The
Clerk shall prepare the ballots with names of the candidates for an
office in a manner provided by ordinance. Each petition, when
presented, must be accompanied by a twenty dollar ($20.00) filing fee.
Section 5.04. Subordinate Officers. (a) There shall be a City
Clerk, City Treasurer, City Attorney and such other officers
subordinate to the City Manager as the Council may provide for by
ordinances. The City Attorney shall be appointed by the Council. The
City Clerk shall be subject to the direction of the City Manager and
shall have such duties in connection with the keeping of the public
records, the custody and disbursement of the public funds, and the
general administration of the City's affairs as shall be ordained by
the Council. He may be designated to act as secretary of the Council.
The Council may by ordinance abolish offices which have been created
by ordinance, and it may combine the duties of various offices as it
may see fit.
(b) Oath of Office. Every officer of the City shall, before
entering upon the duties of his office, take and subscribe an oath of
office in substantially the following form: "I do solemnly swear (or
affirm) to support the Constitution of the United States and of the
State of Minnesota, and to discharge faithfully the duties devolving
upon me as (city manager, etc.) of this City to the best of my
judgment and ability".
Section 5.05. Purchases and Contracts. The City Manager shall
be the chief purchasing agent of the City. All purchases on behalf of
the City shall be made, and all contracts let, by the City Manager,
provided that the approval of the Council must be given whenever the
amount of such purchase or contract exceeds $10,000. All contracts,
bonds, and instruments of every kind to which the City shall be a
party shall be signed by the Mayor on behalf of the City as well as by
the City Manager, and shall be executed in the name of the City.
Section 5.06. Contracts. How Let. In all cases of contracts
for the purchase of merchandise, materials, equipment or for any kind
of construction work undertaken by the City, which requires an
expenditure of more than $10,000 unless the Council shall by an
emergency ordinance otherwise provide, the City Manager shall
advertise for bids by at least one week's published notice in the
official newspaper. Contracts and purchases in excess of $10,000
shall be let to the lowest responsible bidder as determined by the
Council. The Council may, however, reject any and all bids. Nothing
contained in this section shall prevent the Council from contracting
for the doing of work with patented processes, or from the purchasing
of patented appliances.
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 member from
time to time.
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 categories as required
by the council and the City Manager.
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 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 6.05. Passage of the Budget. The budget shall be
considered at 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 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 prior to
October 10th 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.
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Section 6.06. Enforcement of the Budget. It shall be the duty
of the City Manager to enforce strictly the provisions of the budget.
He shall not approve any order for any expenditure unless an
appropriation has been made in the budget, nor for any expenditure
covered by the budget unless there is sufficient unencumbered balance
left after deducting the total past expenditures and the sum of all
outstanding orders and encumbrances. No officer or employee of the
City shall place any orders or make any'purchases except for the
purposes and to the amounts authorized in the budget. Any obligation
incurred by any person in the employ of the City for any purpose not
authorized in the budget or for any amount in excess of the amount
therein authorized shall be a personal obligation upon the person
incurring the expenditure.
Section 6.07. Alterations in the Budget. After the budget shall
have been duly adopted, the Council shall not have power to increase
the amounts therein fixed, whether by the insertion of new items or
otherwise, beyond the estimated revenues, unless the actual receipts
shall exceed such estimates, and in that event not beyond such actual
receipts. The sums fixed in the budget shall be and become appropri-
ated at the beginning of the fiscal year for the several purposes
named therein, and no other. The Council may at any time, by
ordinance passed by a vote of at least five members of the Council, reduce
salaries or reduce the sums appropriated for any purpose by the
budget, or by vote of at least five members of the Council authorize
the transfer of sums from the unexpended balances of the budget to
other purposes.
Section 6.08. Emergency Appropriation in Budget. The Council
shall have power to establish an emergency appropriation as a part of
the budget, but not to exceed ten per cent of the total budget.
Transfers from the emergency appropriation to any other appropriation
shall be made only by a vote of at least five members of the Council.
The sums transferred to the several departments or divisions shall be
considered as a part of such apppropriations and shall be used only
for the purposes designated by the Council.
Section 6.11. Disbursements. How Made. All disbursements shall
be made only upon the order of the City Manager and City Clerk, duly
authorized by a resolution or motion of the Council, and every such
order shall specify the purpose for which the disbursement is made,
and indicate the fund out of which it is to be paid, No claim against
the City shall be allowed unless accompanied by either an itemized
bill, or a payroll, or time sheet, each of which shall be approved and
signed by the responsible City officer who vouches for the correctness
and reasonableness thereof. The Council may by ordinance make
additional regulations for the safekeeping and disbursement of the
City's funds. The Council may by resolution or motion provide for the
regular payment without specific individual authorization by the
Council of salaries and wages of regular employees, laborers, and
fixed charges which have been previously duly and regularly incurred.
Section 6.12. Funds to be Rept. There shall be maintained in
the City treasury the following funds:
(c) A capital project fund, into which shall be paid and
disbursed the proceeds of all bonds issued by the City except bonds
issued on account of any local improvement to be financed wholly or
partly by special assessments and bonds issued on account of any
municipally owned utility. A separate bond account shall be kept for
each issue of such bonds.
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 examiniations of the affairs of municipalities. On
or before the first day of June 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 June 10th of each year.
Section 6.15. Bonded Debt and Debt Limit.
(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.
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
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calamity or other public emergency should subject the City to the
necessity of making extraordinary expenditures, then the Council may
authorize the sale 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 that established by state
law; 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 6.18. Bonds Outside the Debt Limit. Without limit as to
amount, the Council may issue bonds for legal purposes outside of the
debt limit:
(a) for the creation and maintenance of a permanent
improvement revolving fund,
(b) for extending, enlarging, or improving revenue-
producing public utilities of whatever nature, owned and operated by
the City, or of acquiring property needed in connection therewith,
(c) for public improvements payable from special
assessments.
The Council may also purchase equipment on conditional sale
contracts, provided that the installment payments do not extend beyond
the estimated useful life of the equipment so purchased.
Section 8.01. Power to Acquire Property. The City of St. Louis
Park is hereby empowered to acquire, by purchase, gift, devise, or
condemnation, any property, corporeal or incorporeal, either within or
without its corporate boundaries, which may be needed by said city for
any public use or purpose. Easements for any public purpose may be
acquired by gift, devise purchase, or condemnation in the manner
provided by law.
Section 8.02. Proceedings in Acquiring Property. The necessity
for the taking of any property by the City shall be determined by the
Council and shall be declared by a resolution which shall describe
such property as nearly as may be and state the use to which it is to
be devoted. In the acquisition of property by the exercise of the
right of eminent domain, the City shall proceed according to
applicable law, except as otherwise provided in this charter.
CHAPTER 9
Franchises
Section 9.02. Franchise Ordinances. The Council may grant
franchises by ordinance adopted by an affirmative vote of at least
five members of the Council, but in no case shall a franchise be
granted by an emergency ordinance, nor within twenty (20) days after a
public hearing thereon as provided for in Section 9.09, or later than
sixty (60) days after such public hearing. Franchise rights shall
always be subject to the superior right of the public to the use of
streets and public places. All corporations, co -partnerships, persons
or other entity desiring to make an especially burdensome use of the
streets or public places, inconsistent with the public's right in such
places, or desiring the privilege of placing in, over, upon or under
any street or public place any permanent or semi-permanent fixtures
for the purpose of constructing or operating street or other railways,
or for telephoning or telegraphing or transmitting electricity, or
transporting by pneumatic tubes, or for furnishing to the City or its
inhabitants or any portion thereof transportation facilities, water,
light, heat, power, or any other public utility, or for any other
purpose, may be required to obtain a franchise before proceeding to
place such fixtures in such places. Every ordinance granting or
extending any franchise shall contain all the terms and conditions of
the franchise. A franchise shall be without any validity whatever
until it has been unconditionally accepted in all its terms, and such
acceptance, properly executed by the grantee, has been filed with the
City Clerk, and approval received from all other appropriate
governmental agencies in accordance with applicable laws.
Section 9.03. Cost of Publication of Franchise. The grantee
shall bear the cost of publication of the franchise ordinances and
shall make sufficient deposit with the City Clerk to guarantee the
publication before the ordinance is passed.
Section 9.05. Rates and Charges. Every franchisee making use of
the streets or public places within the City shall give courteous,
efficient and adequate service at reasonable rates. A reasonable rate
shall be construed to be one which will, with efficient management,
normally yield a fair return on all property used and useful in
furnishing service to the City and its inhabitants. This shall not be
construed as a guaranty of a return and in no case shall there by any
return upon franchise value. Within these limits the determination of
maximum rates, fares or charges to be charged by a franchisee for
service rendered to the City or to any person, persons, firm or
corporation within the City shall be made, if possible, by direct
negotiations between the franchisee and the Council. In case of
failure to reach an agreement by this method within a reasonable time
the Council may, in its discretion, agree to submit to arbitration on
such terms as it may deem feasible or upon such terms as the franchise
provides for, the fixing of the rates, fares or charges to be made by
the franchisee; provided, however, that the rates, fares or charges so
fixed by arbitration shall not be binding on the City for more than
five years.
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Section 9.06. Provisions of Franchises.
(a) Every franchise shall contain, among other things,
provisions relating to the following:
(1) The term of the franchise granted, which shall not
exceed 25 years.
(2) Rates, fares and charges to be charged by the
franchisee in compliance with the terms and provisions of Section
9.05.
(3) the rights reserved to the City in connection with
the erection of poles, masts or other fixtures in the streets or
public places and the attachment of wires thereto, the laying of
tracks in or of pipes or conduits under the streets or public places,
and the placing in the streets or other public places of any permanent
or semi-permanent fixtures or equipment by the franchisee.
(4) The prompt repair by the franchisee of all damages
to the public streets, alleys and public property occasioned by the
acts or omissions of the franchisee.
(5) The rights of the City to have access to all
books, records and papers of the franchisee which in any way deal
with, affect or record its operations within and pertaining to the
City and pertaining to property and equipment used and useful in
furnishing service to the City and its inhabitants.
(b) Every francise may contain, among other things,
provisions relating to the following:
(1) The power and right of the City to submit to
arbitration the fixing of any rates, fares or charges to be made by
the franchisee.
(2) The rights of the franchisee to receive upon
condemnation proceedings brought by the City to acquire the franchisee
compensation for its franchise or the value thereof, if any.
Section 11.01. Official Bonds. The City Manager, the City
Clerk, and City Treasurer and such other officers or employees of the
City, as may be provided for by ordinance, shall each, before entering
upon the duties of their respective offices or employment, give a
corporate surety bond to the City in such form and in such amount as
may be fixed by the Council as security for the faithful performance
of their respective official duties and the safekeeping of the public
funds. Such bonds shall be approved by the City Council and approved
as to form by the City Attorney and they shall be filed with the City
Clerk. The premiums on the corporate surety bonds hereinbefore
provided for shall be paid by the City. -
Section 11.02. Sales of Real Property. No real property of the
City shall be sold or disposed of except by ordinance. The proceeds
of any such sale shall be used as far as possible to retire any
outstanding indebtedness incurred by the City in the purchase,
construction, or improvement of this or other property used for the
same public purpose; but if there be no such outstanding indebtedness,
then the Council may by a resolution adopted by an affirmative vote of
at least five members of the Council designate some other public use
for such proceeds.
Section 11.03. Vacation of Streets. The Council shall have the
exclusive power, by ordinance passed by a vote of at least five
members of the Council, to vacate or discontinue highways, streets and
alleys within the City. Such vacations may be made only after notice,
and hearing of affected property owners, and upon such further terms,
and by such procedure as the Council may, by ordinance, prescribe. A
record of each such vacation shall be filed in the office of the
Register of Deeds of Hennepin County.
Section 11.04. Damage Suits. No action shall be maintained
against the City on account of any injuries or damages to persons or
property, unless such action shall be commenced within one year from
the occurrence of such injury or damage, nor unless notice shall have
been given in writing as required by applicable law.
No action shall be maintained against the City on account,of
injuries or damages to persons or property resulting from or caused by
any accumulation or deposit of ice or snow on any public street,
sidewalk, building, or place.
Section 11.05. Recovery of Judgment for Damages. If any
judgment shall be recovered in any action against the City for any
injury or damage caused by any obstruction, excavation, opening or - -
defect in any street or alley or public ground caused or occasioned by
the act or omission of any person or corporation, the City shall have
the right to recover the amount of such judgment from the person or
corporation so responsible for such obstruction, excavation, opening
or defect; and such person or corporation is hereby declared to be
liable to the City in the amount of such damages, provided, however,
the City shall give such person or corporation notice of any claim for
such injury or damage and of any action to recover for the same and
shall give such person or corporation the right and reasonable
opportunity to defend such action.
Section 11.06. Civil Service Commission. The civil service
commissions for policemen and firemen shall be continued in force
pursuant to the laws under which they are organized, and the
amendments thereto from time to time, until abolished according to
law. Subject to the Minnesota statutes governing policemen and
firemen and the provisions of this charter in regard thereto, the City
Council may establish by ordinance, and alter from time to time, a
civil service or merit system for all permanent City employees or for
such classifications as may be deemed advisable, and in connection
therewith the City Council may create and appoint a civil service
commission to administer and supervise such civil service or merit
system.
Section 11.07. City Officers Not to Accept Favors or Contracts.
No member of the City Council or employee of the City shall solicit or
receive any pay, commission, money, thing of value, or derive any
profit, directly or indirectly, from or by reason of, any improvement,
alteration or repair required by authority of the City, or any
contract to which the City shall be a party, except his lawful
compensation, including authorized expenditures, or salary as such
member of the City Council or as such employee. No member of the City
Council or employee of the City, except as otherwise provided in this
charter, or by law, shall solicit, accept or receive, directly or
indirectly, from any public utility corporation or the owner of any
public utility or franchise, any pass, frank, free ticket, free
service, or any other favor, upon terms more favorable than those
granted the public generally. A violation of any of the provisions of
this section shall disqualify the offender from continuing in office
or in the employment of the City, and he shall be removed therefrom.
Any contract with the City in which any member of the City Council or
employee of the City is, or becomes, directly or indirectly
interested, personally or as a member of a firm, or as an officer or
director of a corporation, shall be voidable at the option of the
Council; and any money which shall have been paid on such contract by
the City may be recovered from any or all of the persons interested
therein by joint or several action.
Section 2. Effective Date. This ordinance shall be in force and
take effect in the City Charter 90 days after its publication.
Adopted by the City Council March 21, 1983.
Reviewed for administration:
Vty Man2t.
ager
Appr'ved - o form and legality:
AT
41' /
�+ "
City •.'torney
•
•
•
0 SUN
NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUIS PARK SUN
924 Excelsior Avenue West Hopkins, Minnnesota
State of Minnesota
County of Hennepin
D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The St Louis 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 is distributed at least once every 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
advertisement (4) Said newspaper is circulated in and near the municipalities 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 Hopkins 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 of said newspaper or persons in its employ and subject to his
direction and control during all such regular business hours and devoted exclusively during such regula,
business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue
immediately with the State Historical Society (7) Said newspaper is made available at single or
subscription prices to any person, corporation, partnership or other unincorporated association
requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9)
Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each
January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the
managing officer 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 . 1 5 9 3
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 O11e successive weeks
that it was first so published on Wed the
30 day of March
19 83
and was thereafter printed and published on every 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
abcdefghil klmnopq rstu vwxyz
Subscribed and sworn to before me this
30
MERIDEL M. HEDBLOM
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My commission expires July 2, 1986
wpf-144ei—
day of March 19 83
(Official Publication)
ORDINANCE NO 1593
AN ORDINANCE AMENDING THE
ST LOUIS PARK HOME RULE
CHARTER
THE CITY OF ST LOUIS PARK
DOES ORDAIN
Section I Summary'
Section 1'03 (former Section 11 09)
Section 1 04 (former Section 11 10)
Section 105 (former Section 1 03)
Section 2 03(b) (former Section
11 02)
Section 2 06
Section 2 07(a) -(d)
Section 3 07(a) (b) (former Section
11 01)f
Section 4 06
Section 5 04(a), 5 04(b) (former
Section 11 02)
Sections 5 05'10 06
Sections 6 02, 6 04, 6 05, 6 06, 6 07
6 08, 6 11,' 6 12, 6 14, 6 15(b),
6 17(a) (b), 6 18(b) (c), 8 01, 8 02, 9 02,
9 03, 9 05, 9 06(a) (b)
Sections 11 01 - II 05 (former Sec-
tions 11 04 - 11 (18)
Section 11 06 (former Section I1 11)
Section 11 07 (former Section 11 03)
The amendments generally
streamline the City Charter and bring
it into conformance with provisions of
State law which may supersede the
Charter
Effective Date• This ordinance
shall take effect 90 days after its
publication
(s) LYLE HANKS
Mayor
A full copy of the text of the ordm
isavailab
Liz