HomeMy WebLinkAbout1716-87 - ADMIN Ordinance - City Council - 1987/05/04r
MAY 4, 1987
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ORDINANCE NO. 1716-87
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE
ST. LOUIS PARK HOME RULE CHARTER AS LISTA) BELOW INCLUDING
DE 'PICK OF ALL GENDER REFERENCE
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
Section 1. On March 10, 1987, the St. Louis Park Charter Commission
unanimously recommended that the City Council enact the following/attached
Charter amendments by ordinance.
Sec. 2. The following sections of the St. Louis Park Hare Rule
Charter are amended to read as attached:
2.04, Disqualification from Appointive Office,
3.04, Ordinances, Resolutions and Motions,
3.07, Official Publications,
4.06, Nominations by Petition,
4.07, Nomination Petitions,
5.01, The City Manager,
5.05, Purchases and Contracts,
5.06, Contracts - How Let,
6.17, Debt and Debt Anticipation Certificates,
11.03, Vacation of Streets,
11.04, Damage Suits,
12.01(3), Contribution, and
12.03, Organization of Personal Campaign Committee.
Also revised are gender -reference, punctuation and grammar.
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CHAPTER 2
Government and Officers
Section 2.01. Council -Manager Plan. The form of government
established by this charter shall be known as the "Council -
Manager Plan." All discretionary powers of the City, both
legislative and executive, shall vest in and be exercised by the
City Council. It shall have complete control over the City
administration, but, shall exercise this control exclusively
through the City Manager and shall not itself attempt to perform
any administrative work.
Section 2.02. Boards. The Council shall itself be, and
shall perform the duties and exercise the powers of all local
boards and commissions, except as herein otherwise provided. It
may, however, by ordinance create commissions with advisory
powers to investigate any subject of interest to the
municipality.
Section 2.03 Elected Officers. (a) The Council shall be
composed of a Mayor and six Councilmembers who shall be
qualified voters. The Mayor shall be elected at large for a
four-year term. Two Councilmembers shall be elected at large for
terms of four years each, except that the office elected at
large in 1983 shall be designated "Councilmember at Large A,"
and shall be elected for a four-year term. The office elected
at large in -1985 shall be designated "Councilmember at Large B,"
and shall be elected for a two-year term. In 1987 and
thereafter, the separate offices of Councilmember at Large "A"
and Councilmember at Large "B" shall each be elected to four-year
terms.
Four Councilmembers shall be elected for four-year terms from the
City's four separate wards, except the Ward II and Ward IV
Councilmembers elected in 1983 shall each be elected for two-year
terms; in 1985 and thereafter these offices shall be elected to
four-year terms. The Councilmember elected from a ward must be a
resident of such ward. Should that member cease to be a
of such ward, there then exists a vacancy in the office of
Councilmember from said ward; excepting that a change in ward
boundaries during the term of office shall not disqualify the
member from serving out the term.
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The term of Mayor and of each Councilmember 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 Section 4.02 of this Charter, and shall end
when a 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 Councilmembers 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 this 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
councilmember) of this City to the best of my judgment and
ability."
Section 2.04. Disqualification for Appointive Office.
No member of the Council shall be appointed City Manager, or
acting City Manager, nor shall any member hold concurrently any
other paid municipal office or employment under the City. Until
one year after the expiration of the term as Mayor or
Councilmember, no former member shall be appointed to any paid
office or employment under the City other than Mayor or
Councilmember which office or employment was created or the
emoluments of which were increased during his/her term as
Councilmember.
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Section 2.05. Vacancies in the Council. A vacancy in the
Council shall be deemed to exist in case of the failure of any
person elected thereto to qualify on or before the date of the
second regular meeting of the new Council, or by reason of the
death, resignation, removal from office, removal from the City,
removal of a ward Councilmember from his/her ward, continuous
absence from the City for more than three months, or conviction
of a felony of any such person whether before or after his/her
qualification, or by reason of the failure of any Councilmember
without good cause to perform any of the duties of membership in
the Council for a period of three months. In each such case, the
Council shall forthwith by resolution declare such vacancy to
exist and appoint an eligible person to fill the vacancy. The
term of the person so appointed shall extend to the first
regularly scheduled meeting in the month following the month in
which the regularly scheduled municipal election is held, as
specified in Section 4.02 of this Charter, provided that if such
vacancy occurs less than 120 days prior to the next regular City
or State election, and the unexpired term extends more than one
year, the term of the person so appointed shall extend to the
first regularly scheduled meeting in the month following the
month in which the regularly scheduled municipal election is
held, as specified in Section 4.02 of this Charter. If such a
vacancy occurs 120 days or more prior to a regular State
election, the Council shall call a special election to be held
concurrently with the State election within the City; if the
office is Mayor or Councilmember at Large; and within the ward
affected if the office is a Ward Councilmember, for the purpose
of electing an eligible person to fill the unexpired term
following expiration of the term of the person appointed by the
Council in the interim.
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 the Mayor by this charter, the ordinances of the
City and laws of the State. The Mayor 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.
The Mayor 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 the Mayor may, with the
consent of the Council, take command of the police, maintain
order and enforce the law.
Rection 2.07. Compensation. (a) The Council shall set and
may by ordinance increase or decrease the salaries of the Mayor
and Councilmembers 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.
Rection 2.08. Investigation of City Affairs. The Council
shall have power to make investigations into the City's affairs,
to subpoena witnesses, administer oaths, and compel the
production of books, papers, and other documentary evidence. The
Council may at any time provide for an examination or audit of
the accounts of any officer or department of the City government,
or it may cause to be made any survey or research study of any
problem affecting the City or its inhabitants. Each such
investigation shall be authorized by resolution of the Council.
Rection 2.09. Interference with Administration. Except for
the purpose of inquiry, the Council and its members shall deal
with and control the administrative services solely through the
City Manager, and neither the Council nor any member thereof
shall give orders to any of the subordinates of the City Manager,
either publicly or privately. If this section is violated by any
member or members of the City Council, such violation shall
'result in the public censure by the Council of the offending
party or parties, and shall, in addition, result in the
imposition of a fine to be paid to the City in an amount equal to
one month's compensation payable to such member or members in
performance of duties as a Councilmember at the time of
violation. The determination as to whether any violation of the
provisions of this section has occurred shall be made by the
Council pursuant to its own inquiry and by a two-thirds (2/3)
majority of the entire Council excluding the Councilmember or
members being charged with the violation.
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CHAPTER 3
Procedure of Council
Section 3.01. Council Meetings. On the first regularly
scheduled meeting in the month following the month in which the
regularly scheduled municipal election is held, as specified in
Section 4.02 of this Charter, the Council shall meet at the City
Hall at the usual time for the holding of Council meetings. At
this time, the newly elected members of the Council shall assume
their duties. Thereafter the Council shall meet at such times
as may be prescribed by resolution, except that it shall meet at
a fixed time not less than once a month. The Mayor or any three
members of the Council may call special meetings of the Council
upon at least twelve hours' notice to each member of the Council.
Such notice shall be delivered personally to each member or be
left at the member's usual place of residence with a person of
suitable age and discretion then residing therein, or written
notice thereof shall be left in a conspicuous place at the
residence if no such person be found there. The presence of any
member of the Council at a special meeting shall constitute a
waiver of any formal notice unless the Councilmember appears for
the special purpose of objecting to the holding of such' meeting.
The Council may provide by ordinance a means by which a minority
may compel the attendance of absent members. All meetings of the
Council shall be public and any person shall have access to the
minutes and records thereof at all reasonable times. The Mayor
and each Councilmember shall have one vote.
Section 3.02. Secretary of Council. The Council shall
choose a secretary and such other officers and employees as may
be necessary to serve at its meetings. The secretary shall keep
the journal of minutes or proceedings and such other records and
perform such other duties as may be required by this charter or
by vote of the Council. The Council,may designate any official
or employee of the City, except the City Manager or a member of
the Council, to act as secretary of the Council.
Section 3.03. Rules of Procedure and Quorum. The Council
shall determine its own rules and order of business, and shall
keep a journal of its proceedings. A majority of all the Council
members shall consitute a quorum to do business, but a smaller
number may adjourn from time to time.
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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, photocopied, 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 to by the City Clerk upon passage thereof and shall be
by the City Clerk 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, at 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 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
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CHAPTER 4
Nominations and Elections
Section 4.01. General Election Laws to Apply. Except as
hereinafter provided, the general laws of the State of Minnesota
pertaining to registration of voters and the conduct of primary
and general elections shall apply for all municipal elections of
such officers as are specified in this charter. The Council
shall, through ordinances duly adopted in compliance with such
state laws and this ,charter, adopt suitable and necessary
regulations for the conduct of such elections.
Section 4.02. Regular Municipal Election. A regular
municipal election shall be held on the first Tuesday after the
first Monday in November, 1967, and on the same day every two
years thereafter, at such place or places as the City Council may
designate by resolution. The Council may divide the City into as
many voting precincts as it may from time to time deem necessary.
Each ward shall constitute at least one voting precinct and no
precinct shall be in more than one ward. At least fifteen days'
notice shall be given by the City Clerk of the time and places of
holding such election, and of the officers to be elected by
posting a notice thereof in at least one public place in each
voting precinct and by publishing a notice thereof at least once
in the official newspaper of the City, but failure to give such
notices shall not invalidate such election.
Section 4.03. Primary Elections. The Council shall,
whenever three or more candidates have filed for any City-wide
office, or for Councilmember of any ward, or wards, provide
through ordinance or resolution for a primary election to be
held, City-wide or in any particular ward, or wards, and such
primary election shall be held on a date six (6) weeks prior to
the general City election. At least fifteen days' notice shall
be given by the Clerk of the time and places of holding such
election, and of the officers to be elected by posting a notice
thereof in at least one public place in each voting precinct
where the election is held, and by publishing a notice thereof at
least once in the official newspaper of the City, but failure to
give such notice shall not invalidate such election.
Section 4.04. Special Elections. The Council may by
resolution order a special election, fix the time of holding the
same, and provide all means for holding such special election,
provided that three weeks' published notice be given of said
special election. The procedure at such elections shall conform
as nearly as possible to that herein provided for other municipal
elections.
Section 4.05. Judges of Election. The Council shall at
least twenty-five (25) days before each municipal election
appoint three qualified voters to be judges of election for each
precinct, or as many more as may be determined by the Council.
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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/her behalf with the City
Clerk. Such petition shall be signed by at least fifteen
currently registered 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 the elector do so his/her 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) filing fee.
Section 4.07. Nomination Petitions. The signatures to the
nomination petition need not all be appended to one paper, but to
each separate paper there shall be attached an affidavit of the
circulator thereof stating the number of signers of such paper
and that each signature appended thereto was made in the
circulator's presence and is the genuine signature of the person
whose name it purports to be. With each signature shall be
stated the place of residence of the signer, giving the street
and number or other description sufficient'to identify the same.
The nominee shall indicate by an endorsement upon the petition
that he/she will accept the office if elected thereto. The form
of the nomination petition shall be substantially as follows:
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NOMINATION PETITION
We, the undersigned, electors of the City of St. Louis Park,
hereby nominate , whose residence is
, for the office of
to be voted for at the election to
be held on the day of ; and we
individually certify that we are qualified electors and that we
have not signed more nomination petitions of candidates for this
office than there are persons to be elected thereto.
Name Street and Number
, being duly sworn, deposes and
says that he/she is the circulator of the foregoing petition
paper containing signatures, and that the signatures appended
thereto were made in the circulator's presence and are the
genuine signatures of the persons whose names they purport to be.
Signed
Subscribed and sworn to before me this day of
1 This petition, if found insufficient by the City Clerk, shall be
returned to at Number
Street.
I hereby indicate my willingness to accept the office of
if duly elected thereto.
Section 4.08. Canvass of Elections and Taking of Office.
The Council shall meet and canvass the election returns within
seven days after any regular or special elections, and shall make
full declaration of the results as soon as possible, and file a
statement thereof with the City Clerk, and said statement shall
be made part of the minutes. This statement shall include:
(a) the total number of good ballots cast;
(b) the total number of spoiled or defective ballots;
(c) the vote for each candidate with a declaration of those
who were elected;
(d) a true copy of the ballots used;
(e) the names of the judges and clerks of election;
(f) such other information as may seem pertinent.
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CHAPTER 5
Administration of City Affairs
Section 5.01. The City Manager. The City Manager will be
the chief administrative officer of the City. The Manager shall
be chosen by the Council solely on the basis of training,
experience, and administrative qualifications. The choice shall
not be limited to inhabitants of the City or state. candidates
The City Manager shall be appointed for an indefinite period and
be removed by the Council at will, provided, however, that if
removed at any time after three years of service the City Manager
may within fifteen days after said removal demand written charges
and a public hearing on the same before the Council; but pending
and during such hearing the Council may suspend the City Manager
from office, with or without pay. Such public hearing shall take
place within thirty days after the demand for the same and the
written charges shall be furnished to the City Manager by the
Council at least ten days before the hearing. During the
suspension, absence, or disability of the City Manager, the
duties of this office shall be performed by some properly
qualified person designated by the Council as acting Manager.
Section 5.02. Powers and Duties of the City Manager.
Subject to the provisions of this charter and any regulations
consistent therewith which may be adopted by the Council, the
City Manager shall controland direct the administration of the
City's affairs. The powers and duties of the City Manager shall
be:
(a) To enforce this charter and the laws, ordinances, and
resolutions of the City;
(b) To appoint with the consent and approval of the Council
all department heads and subordinate officers as set forth in
Section 5.04 in the City charter; to appoint all other employees;
to remove for cause, with the consent and approval of the
Council, all permanent employees;
(c) To exercise control over all departments and divisions
of the City administration created by this charter or which may
be hereafter created by the Council;
(d) To attend all meetings of the Council, with the right
to take part in the discussions but having no vote; but the
Council may at its discretion exclude the City Manager from
meetings at which removal of the City Manager is considered;
(e) To recommend to the Council for adoption such measures
as may be deemed necessary for the welfare of the people and the
efficient administration of the City's affairs;
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(f) To keep the Council fully advised as to the financial
condition and the needs of the City, and to prepare and to submit
to the Council the annual budget;
(g) To perform such other duties as may be prescribed by
this charter or required of the City Manager by ordinances or
resolutions adopted by the Council.
Section 5.03. Departments of Administration. The Council
may create such offices, departments, divisions, and bureaus for
the administration of the City's affairs as may seem necessary,
and from time to time alter the powers and organization of the
same. It may enact in the form of an ordinance such
administrative code for the City as may seem necessary and may
amend the same from time to time.
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. The City Clerk 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. Officers of the City shall, before
before entering upon the duties of offices, 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
$15,000. 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.
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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 require an eXpenditure of more than $15,000 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 $15,000 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 work with
patented processes or from the purchasing of patented
appliances.
Section 5.07. Further Purchase Regulations. Further
regulations for the making of bids and the letting of contracts
may be made by ordinance, subject to the provisions of this
charter.
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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 details
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 10 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 6.06. Enforcement of the Budget. It shall be the
duty of the City Manager to enforce strictly the provisions of
the budget. The City Manager 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
order 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 appropriated 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.
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Rection 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 of emergency debt certificates
to bear interest at not more than the rate established by State
law and for terms not to exceed eighteen months. 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 money 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.
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CHAPER 11
Miscellaneous Provisions
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. Sale 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 to affected property owners, and after hearing,
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 County Recorder 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 streets, sidewalk, building, or place, except those
actions expressly allowed by Minnesota statutes.
Section 11.05. Recovery of Judgment of Damages. If any
judgment shall be recovered in any action against the City for
any injury or damage caused by any obstruction, excavation,
35
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 police and firefighters 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
police and firefighters 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/her 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 the offender 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.
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CHAPER 12
Code of Ethics
Section 12.01. Declaration of Policy. The proper operation
of democratic government requires that public officials be
independent, impartial and responsible to the people; that
governmental decisions and policy be made in the proper channels
of the governmental structure; that public office not be used for
personal gain, and that the public has confidence in the
integrity of its government. In recognition of these goals,
there is hereby established a Code of Ethics for all public
officials. The purpose of this Code is to establish ethical
standards of conduct for all such officials by setting forth
those acts or actions that are incompatible with the best
interests of the City and by directing disclosure by such
officials of private financial or other interests in matters
affecting the City. The provisions and purpose of this Code and
such rules and regulations as may be established are hereby
declared to be in the best interests of the City of St. Louis
Park.
Section 12.02. Definitions. When used in this chapter, the
following terms shall have ascribed to them the definitions set
out herein:
(1) "Associate" means any person related to a public
official by blood or marriage.
(2) "Candidate" means any individual who seeks nomination
or election as a public official of the City of St. Louis Park.
An individual shall be deemed to seek nomination or election if
he/she has taken the action necessary under the ordinances of the
City of St. Louis Park to qualify for nomination or election to
an office, or has received contributions or made expenditures in
excess of $100, or has given consent, implicit or explicit, for
any other person to receive contributions or make expenditures in
excess of $100 with a view to bringing about his/her nomination
for election or election to an office.
(3) "Contribution" means a transfer of funds or a
donation in kind and includes any loan or advance of credit to a
candidate, personal campaign committee, political committee or
party committee, which loan or advance of credit is (a) forgiven
or (b) paid by an entity other than the personal campaign
committee, political committee, or party committee to which the
loan or advance of credit is made. If an advance of credit or a
loan is forgiven or paid as provided in this subdivision, it is a
contribution in the year in which the loan or advance of credit
is made.
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(a) "Transfer of funds" means money or negotiable
instruments given by an individual or entity to a candidate,
personal campaign committee, party committee, or political
committee for the purpose of influencing the nomination or
election of a candidate.
b) "Donation in kind" means anything of value other
than money or negotiable instruments given by an individual or
association `to a candidate, personal campaign committee,
political committee, or party committee for the purpose of
influencing the nomination or election of a candidate. Donation
in kind includes an approved expenditure.
(c) "Approved expenditure" means an expenditure made
on behalf of a candidate by an entity other than the personal
campaign committee of that candidate, which expenditure is made
with the authorization or express or implied consent of, or in
cooperation or in concert with, or at the request or suggestion
of that candidate, the candidate's personal campaign committee,
or the candidate's agent. An approved expenditure is a
contribution to that candidate.
(4) "Expenditure" means a purchase or payment of money or
anything of value, or an advance of credit, made or incurred
for the purpose of supporting or opposing the nomination or
election of a candidate.
An expenditure is considered to be made in the year in
which the goods or services for which it was made are used or
consumed.
Expenditure includes the dollar value of a donation in
kind.
Expenditure does not include:
(a) Transfers of funds as defined in Section
12.02(3)(a);
(b) Services provided without compensation by an
individual volunteering time on behalf of a candidate; or
(c) The publishing or broadcasting of news items or
editorial comments by the news media.
(5) "Election" means a primary, special primary, regular,
or special City election.
(6) "Interest" means any concern which yields a pecuniary
or material benefit.
(7) "Personal campaign committee" means any committee
appointed by a candidate for any election.
39
(8) "Party committee" means any committee appointed or
elected to represent any political party with a party
organization in the State of Minnesota.
(9) "Political committee" means a group of two or more
persons who were elected or appointed by any political party or
association for the purpose, wholly or partly, of raising,
collecting, or disbursing money or directing the raising,
collecting, or disbursing thereof, for nomination or election
purposes, or who cooperates in the raising, collecting, or
disbursing of money used, or to be used for or against the
election to public office of any person or any class or number of
persons, or for or against the adoption of any ordinance or
charter amendment.
(10) "Public official" means any person holding the office
of mayor or Councilmember by election or by appointment.
Section 12.03. Organization of Personal Campaign
Committees. Every candidate shall designate a single personal
campaign committee which shall have a secretary. The candidate
shall file a signed statement with the City Clerk stating that a
personal campaign committee has been formed and giving the name
and address of every member and of the secretary thereof. Such
filing shall be made before any expenditures are made by the
personal campaign committee. Only the candidate and the personal
campaign committee shall receive contributions and make
expenditures on behalf of the candidate; provided, however, that
party committees and political committees shall not be prohibited
from receiving contributions and making expenditures related to
nominations or elections.
Section 12.04. Contributions.
(1) No candidate or personal campaign committee shall accept an
aggregate contribution from any single person or entity in excess
of $250.
(2) Every person w
personal campaign co
and in any event,
contribution or loan,
known, address of
contributed or loaned,
ho receives a contribution or loan for a
mmittee shall, on demand of the secretary,
within 14 days after receipt of the
furnish the secretary with the name and, if
the contributor or lender, the amount
and the date of receipt.
(3) No anonymous contributions in excess of $20 or any anonymous
contributions aggregating in excess of $100 shall be retained by
any personal campaign committee, but shall be forwarded to the
City Clerk and deposited to the general fund of the City. This
subdivision shall not apply to anonymous contributions
aggregating in excess of $100 arising from fund raising sales,
where in consideration of a contribution or contributions, a
person receives any tangible goods whose value has a reasonable
relationship to the contribution.
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(4) The reports required by Section 12.06(1) and (2) shall
disclose the following:
(a) Every sum of money and all property and every other
thing of value, received by such candidate or committee during
such period from any source whatsoever which the candidate or
committee uses or has used, or is at liberty to use for political
purposes, together with the name of every person or source from
which each was received and the date when each was received,
together with the total amount received from all sources in any
amount or manner;
(b) Every promise or pledge of money, property, or other
thing of value, received by such candidate or committee during
such period, the proceeds of which the candidate or committee
uses or has used, or is at liberty to use for political purposes,
together with the names of the persons by whom each was promised
or pledged, the special purposes for which each was promised or
pledged, and the date when each was promised or pledged, together
with the total amount promised or pledged from all sources in any
amounts or manner;
(c) Every disbursement by such candidate or committee for
political purposes during such period, together with the name of
every person to whom the disbursement is made, the specific
purpose for which each was made,and the date when each was made,
together with the total amount promised or pledged from all
sources in any amounts or manner;
(d) Every obligation, expressed or implied, to make any
disbursement incurred by such candidate or committee for
political purposes during such period, together with the names of
the person or persons to or with whom each such obligation has
been incurred, the specific purposes for which each was made, and
the date when each was incurred, together with the total amount
of such obligations made in any amounts or manner.
Section 12.07. Records
(1) The candidate or the secretary of each personal campaign
committee or political committee shall preserve all records and
accounts required for the reports required in Section 12.06 for
one year after the date of the election.
(2) The City Clerk shall keep all reports filed as required by
Section 12.06 for one year after the date of the election.
Reports shall be available to the public at a reasonable time and
place.
Section 12.08. Notice of Failure to File. The City Clerk
shall receive all reports filed as required by Section 12.06 and
notify the person required to file a report that such person has
failed to file a document by this chapter.
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Rection 12.14. Exclusions. Section 12.12 shall not be
construed to require:
(1) Filing of any information relative to connections or
interests with any non-profit organization.
(2) Disclosure of privileged relationships, as recognized
by law (e.g., doctor -patient, attorney-client, pastor -
parishioner, etc.).
Rection 12.15. Time of Required Filing. The times at which
required personal financial disclosure filings must be made are
as follows:
(1) Public officials - not later than 60 days after the
effective date of this amendment and every April 15
thereafter.
(2) Candidates - within 14 days after filing an affidavit
of candidacy or petition to appear on the ballot for an
elective office.
Section 12.16. Records. The City Clerk shall keep all
reports filed as required by Sections 12.12 through 12.15 for
four (4) years.
Section 12.17. Penalty. Any candidates or public officials
who fail to file all the necessary documents with the City Clerk
within thirty (30) days after notice from the City Clerk that
they are delinquent in their filings,shall be liable to a fine of
not more than $500.
Section 12.18. Personal Financial Conflicts of Public
Officials.
(1) Contracts Void. Any public official who is authorized to
take part in any manner in making any sale, lease, or contract in
his/her official capacity shall have no personal financial
interest in that sale, lease, or contract or personally benefit
financially therefrom unless the effect on the public official's
personal financial interest is no greater than on any other
person and/or property similarly situated. Any sale, lease, or
contract entered into by the City with regard to which a public
official has acted in violation of this section is void;
provided, however, that any sale, lease, or contract permitted
under Minnesota Statutes Section 471.88 is voidable. Any money
which was paid by the Council in violation of this paragraph may
be recovered from any and all persons interested therein.
44
(2) Non -contractual transactions voidable. Any public
official who in the discharge of his/her duties would be
authorized to take an action, vote, or make a decision concerning
a non -contractual transaction of the City which would affect the
public official's interests, unless the effect on his/her
interests is no greater than on other person and/or property
similarly situated, shall disqualify himself/herself from such
action, vote or decision. Any transaction entered into by the
City with regard to which a public official has acted in
violation of this paragraph is voidable at the option of the
Council. Any money which was paid by the Council in violation of
this paragraph may be recovered from any and all persons
interested therein.
Section 12.19. Financial Conflicts of Associates of Public
Officials; Contracts and Transactions Voidable. Any public
official who in the discharge of his/her duties would be
authorized to take an action, vote, or make a decision concerning
a contractual or non -contractual transaction which would affect
the interests of his/her associates, unless the effect on the
interests of his/her associates is no greater than on other
persons and/or property similarly situated, shall disqualify
himself/herself from such action, vote or decision.
Any contract or transaction entered into by the City with regard
to which a public official has acted in violation of this Section
is voidable at the option of the Council. Any money which was
paid by the Council in violation of this section may be recovered
from any and all persons interested therein.
Section 12.20. Gifts and Favors. No public official shall
accept any valuable gift, whether in the form of money, service,
loan, thing, or promise, from any person, firm, or corporation
which to his/her knowledge is concerned, directly or indirectly,
in any manner whatsoever in business dealings with the City; nor
shall any public official (1) accept any gift, favor, or thing of
value that may tend to influence his/her in the discharge of
his/her duties; or (2) grant in the discharge of his/her duties
any improper favor, service, or thing of value or accept an offer
which would not have been given if he/she were not an official;
or (3) accept or receive anything of value through sale or gift
of goods or services which would result directly or indirectly
from his/her position as a public official of the City of St.
Louis Park.
45
Sec. 3. Effective Date. This ordinance shall be in force and take
effect in the City Charter 90 days after its publication (publication 5/11/87;
effective date 8/10/87).
Attest:
City C
Reviewed for administrtion:
Adopted by the City Council May 4, 1987.
ym.bof t /
ty Manager
4,4, -
May
1
i
i
i
Minnesota Suburban Newspapers, Inc.
AFFIDAVIT OF PUBLICATION
"'STATE OF MINNESOTA)
ss
COUNTY OF HENNEPIN)
•
Donald K. Mo r t e n s o n , being duly sworn on an oath says that he/she
Is the publisher or authorized agent and employee of the publisher of the newspaper known as
St. Louis Park Sailor
, and has full knowledge of the facts which
are stated below
(A) The newspaper has complied with all of the requirements constituting qualification as a qualified
newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended
(B) The printed
Ordinance No.1716-87
which is attached was cut from the columns of said newspaper, and was printed and published once each
week, for 0 n e successive weeks, it was first published on Monday the 11 day
of May 19 87, and was thereafter printed and published on every to
and including the day of 19— and printed below is
a copy of the lower case alphabet from A to Z, both inclusive, which Is hereby acknowledged as being the size
and kind of type used in the composition and publication of the notice
abcdefghgklmnopgrsluvwxyq
(///`71��rY�4� 1 r
BY
TITLE Oaerations Manager
scribed and swor £' before me on this
Not
day of ne .1; 87
MEr.I to L M. HEDBLOM
°'?�,}'J NOTARY PUBLIC — MINNESOTA
ids a HENNEPIN COUNTY
My commission expires 7-2-92
•
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 185 per line
for comparable space (Line, word, or inch rate)
(2) Maximum rate allowed by law for the above matter $ 401C per line
(Line, word, or inch rate)
38C per line
(3) Rate actually charged for the above matter
(Line, word, or inch rate)
(Official Publication)
"SUMMARY"
ORDINANCE NO 1716-87
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE
ST LOUIS PARK HOME RULE CHARTER AS LISTED BELOW
INCLUDING DELETION OF ALL GENDER REFERENCE
THE CITY OF ST LOUIS PARK DOES ORDAIN
Section 1 On March 10, 1987, the St Louts Park Charter Commission
unanimously recommended that the City Council enact the follow-
ing/attached Charter amendments by ordinance
Sec 2 The following sections of the St Louis Park Home Rule Charter are
amended to'read as attached
2 04, Disqualification from Appointive Office
- 3 04, Ordinances Resolutions and Motions
- 307 Official Publications,
L4 06, Nominations by Petition
' 4 07, Nomination Petitions,
5 01, The City Manager,
i5'05,,Pdrehases and Contracts,
•t IS t,,P6,-Contracts - How Let,
t„' 6 Pest and Debt Anticipation Certificates
Y ,-11•D�VacaUon of Streets,
11 00Damage Suits, J---
12 0148 ,ContSibution, and
12 03.Orgamiation of Personal Campaign Committee
Also revised are gender reference, punctuation and grammar
Sec 3 Effective Date This ordinance shall be in force and take effect in the
City Charter 90 days after its publication (8/10/87)
Adopted by the City Council May 4, 1987
(s) LYLE W HANKS Mayor
(The full text of this ordinance is available for inspection with the City
Clerk )
(May 11 1987) -SLP