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HomeMy WebLinkAbout1855-91 - ADMIN Ordinance - City Council - 1991/05/20ORDINANCE NO. 1855-91 AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE ST. LOUIS PARK HOME RULE CHARTER AS LISTED BELOW THE CITY OF ST. LOUIS PARK DOES ORDAIN: Section 1. On February 11, 1991, the St. Louis Park Charter Commission unanimously recommended that the City Council enact the attached Charter amendments by ordinance. Section 2. The following sections of the St. Louis Park Home Rule Charter are amended to read as attached: 2.05, Vacancies in the Council 2.06, The Mayor 4.06, Nomination by Petition 4.07, Nomination Petitions 5.01, The City Manager 5.02, Powers and Duties of the City Manager 5.04, Other Officers 6.05, Passage of the Budget 6.06, Enforcement of the Budget 6.07, Alterations in the Budget 6.15, Bonded Debt and Debt Limit 11.04, Damage Suits 1111 Other proposed changes correct certain irregularities in punctuation and grammar. 1 4 CONTENTS Chapter Page 1. Name, Boundaries, Powers and Construction 1-3 2. Government 4-7 3. Procedure of Council 8-11 4. Nominations and Elections 12-15 5. Administration of City Affairs 16-18 6. Taxation and Finance 19-26 7. Public Improvements and Special Assessments 27-28 8. Eminent Domain 29 9. Franchises and Public Utilities 30-32 10. Public Ownership and Operations of Utilities 32 11. Miscellaneous Provisions 33-35 12. Code of Ethics 36-44 13. Index 45-57 14. Amendments 58 Adopted December 7, 1954 Effective January 7, 1955 Amended/Reprinted 1991 TABLE OF CONTENTS Chapter 1 - Name, Boundaries, Powers and Construction Preamble Name and Boundaries Powers of the City City to Succeed to Rights & Obligations of Former Municipality Application of General Laws Charter a Public Act sectio li 1.00 1.01 1.02 1.03 1.04 1.05 Chapter 2 - Government and Officers Council - Manager plan 2.01 Boards 2.02 Elected Officers 2.03 Oath of Office 2.03(b) Disqualification for Appointive Office 2.04 Vacancies in the Council 2.05 The Mayor 2.06 Compensation 2.07 Investigation of City Affairs 2.08 Interference with Administration 2.09 4 Chapter 3 - Procedure of Council Council Meetings Secretary of Council Rules of Procedure and Quorum Ordinances, Resolutions and Motions Procedure on Ordinances Emergency Ordinances Signing and Publication of Ordinances and Publication of Minutes When Ordinances and Resolutions Take Effect Amendment and Repeal of Ordinances Revision and Codification of Ordinances 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 Chapter 4 - Nominations and Elections General Election Laws To Apply 4.01 Regular Municipal Elections 4.02 Primary Elections 4.03 Special Elections 4.04 Judges and Clerks of Election 4.05 Nominations by Petition 4.06 Nomination Petitions 4.07 Canvass of Elections and Taking of Office4.08 r 1 Chapter 5 - Administration of City Affairs The City Manager Powers and Duties of the City Manager Departments of Administration Subordinate Officers Oath of Office Purchases and Contracts Contracts - How Let Further Purchase Regulations Chapter 6 - Taxation and Finance Section 5.01 5.02 5.03 5.04 5.04(b) 5.05 5.06 5.07 Council To Control Finances 6.01 Power of Taxation 6.02 Board of Equalization 6.03 Preparation of Annual Budget 6.04 Passage of the Budget 6.05 Enforcement of the Budget 6.06 Alterations in the Budget 6.07 Emergency Appropriation in Budget 6.08 Levy and Collection of Taxes 6.09 Tax Settlement with County 6.10 Disbursements - How Made 6.11 Funds to be Kept 6.12 Receipts To Go to City Treasurer 6.13 Accounts and Reports 6.14 Bonded Debt and Debt Limit 6.15 Form and Repayment of Bonds 6.16 Debt and Tax Anticipation Certificates 6.17 Bonds Outside the Debt Limit 6.18 Chapter 7 - Public Improvements and Special Assessments The City Plan 7.01 Enforcement of City Plan 7.02 Public Improvements and Special Assessments7.03 Local Improvements 7.04 Public Works - How Performed 7.05 Chapter 8 - Eminent Domain Power to Acquire Property 8.01 Proceedings in Acquiring Property 8.02 Payment of Award 8.03 City May Abandon Proceedings 8.04 City May Acquire Entire Plant 8.05 Section Ch i Chapter 9 - Franchises Definition of Franchises 9.01 4111 Franchise Ordinances - 9.02 Cost of Publication of Franchise 9.03 Power of Regulation Reserved 9.04 Rates and Charges 9.05 Provisions of Franchises 9.06 Further Provisions of Franchises 9.07 Renewals or Extensions of Franchises 9.08 Public Hearings 9.09 Chapter 10 - Public Ownership and Operation of Utilities Construction, Acquisition and Operation of Utilities 10.01 Rates and Finances 10.02 Purchase in Bulk 10.03 City To Pay for Services 10.04 Lease of Plant 10.05 Public Utility - How Sold 10.06 Chapter 11 - Miscellaneous Provisions Official Bonds 11.01 Sales of Real Property 11.02 Vacation of Streets 11.03 Damage Suits 11.04 Recovery of Judgement for Damages 11.05 Civil Service Commissions 11.06 City Officers Not To Accept Favors or Contracts 11.07 Chapter 12 - Code of Ethics Declaration of Policy 12.01 Definitions 12.02 Organization of Personal Campaign Committees12.03 Contributions 12.04 Use of Contributions 12.05 Campaign Reports 12.06 Records 12.07 Notice of Failure to File 12.08 Termination Report 12.09 Distribution 12.10 Penalty 12.11 Filing of Information 12.12 Family Interests 12.13 Exclusions 12.14 Time of Required Filing 12.15 Records 12.16 41 Penalty 12.17 Personal Financial Conflicts of Public Officials 12.18 Financial Conflicts of Associates of Public Officials; Contracts and Transactions Voidable 12.19 Gifts and Favors 12.20 Use of City Equipment and Facilities 12.21 Distribution 12.22 r CHAPTER 1 Name, Boundaries, Powers and Construction Section 1.00 Preamble Human freedom and human rights are indivisible and the recognition of equality of all people is indispensable in the administration of a just government. Written documents which govern our nation and state clearly proclaim the rights and responsibilities of the people in making these freedoms possible. It is proper that cities do also, for human rights denied to one are denied to all. We, the people of St. Louis Park, therefore, do hereby declare that equality of rights under the law shall not be abridged or denied by the City of St. Louis Park on the basis of race, color, creed, religion, national origin, gender, marital status, familial status, age, or status with regard to public assistance or disability. The following Charter is a declaration of the policy of the City of St. Louis Park, Minnesota. Section 1.01. Name and Boundaries. upon the taking effect of this Charter, the Village of St. Louis Park in the County of Hennepin and State of Minnesota shall become a city under the name of the City of St. Louis Park, and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. Section 1.02. Powers of the City. The City of St. Louis Park: shall have perpetual existence; may may may sue and be sued; use and alter its seal at pleasure; enter into binding contracts; may take byepurchase, condemnation, gift, devise, or otherwise, and hold, lease, sell, and convey all such real and personal property as its purposes may require, or the transaction of its business may render convenient, within or without the limits of the City; may acquire, construct, own, lease, and operate public utilities and render public service of every kind; may grant franchises or licenses for the construction, operation and maintenance of public utilities in, over, upon, and under the streets and public places in the City, and shall have power to fix and regulate the fares, tolls, or charges which may be collected, the extensions which shall be made, and the services which shall be rendered by any owner or operator of a public utility franchise or license; 1 may assess, levy, and collect taxes, for general or special purposes, on all subjects or objects which the City may lawfully tax; may borrow money on the faith and credit of the City and issue bonds or certificates of indebtedness. The indebtedness may be secured by granting a security interest in public utilities or other property owned by the City or any income generated therefrom. may appropriate the money of the City for all lawful purposes; may provide for, construct, regulate, and maintain public works and local improvements; may levy and collect assessments against real property within the City for local improvements and services; may license and regulate persons, corporations, and associations engaged in any occupation, trade or business; may define, prohibit, abate, and suppress all things detrimental to the health, morals, comfort, safety, convenience, and welfare of the inhabitants of the City, and all nuisances and causes thereof; may regulate the construction, height, and materials used in all buildings, and the maintenance and occupancy thereof; may regulate and control the use of the streets and other public places; may make and enforce local police, sanitary, and other regulations; may pass ordinances for maintaining and promoting the peace, good government, and welfare of the City, and for the performance of all the functions thereof; shall have all the powers possessed by municipal corporations at common law; shall have, retain and may exercise all powers, functions, rights, and privileges heretofore possessed by the Village of St. Louis Park; may exercise such powers beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein as authorized by law; and in addition thereto, the City of St. Louis Park shall have and exercise all powers, functions, rights, and privileges exercised by, or which are incidental to, or inherent in, municipal corporations and are not denied to it by the constitution or general laws of the State of Minnesota. 1 4 r The enumeration of powers herein shall not be construed to limit or restrict the powers granted in general terms, no specific power granted in this Charter be construed to limit or restrict the powers granted in this section. In addition to the powers herein and hereafter granted, the City of St. Louis Park shall have power to deal with all matters of municipal concern and have complete self-government in harmony with and subject to the constitution and laws of the State of Minnesota. 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 belonging to -or pertaining to the Village 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 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 Charter. 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 its corporate limits. All powers conferred by this section shall be exercised in conformance with this Charter and such authority and power shall not authorize the City to incur any bonded debt 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 (January 7, 1955). 3 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. The Council shall be composed of a Mayor and six (6) Councilmembers who shall be qualified voters. The Mayor shall be elected at -large for a four-year (4) term. Two (2) Councilmembers shall be elected at large for terms of four (4) years each. The At Large seats shall be separate elective offices designated as At Large A and At Large B. A Councilmember shall be elected for a four-year (4) term from each of the City's four (4) separate wards. The Councilmember elected from a ward must be a resident of such ward. Should that member cease to be a resident of such ward, that member is disqualified from further service and 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. 1 The term of Mayor and of each Councilmember shall begin on the first (1st) regularly scheduled meeting of the new year following a regularly scheduled municipal election, as specified in Section 4.02 of this Charter, and shall end when a successor has been duly elected and has qualified but not before the last day of the calendar year in which a municipal election has been held. The Council shall be the judge of the election of its members. The City shall be divided into four (4) separate wards; the boundaries of which shall be established from time to time by ordinance adopted by the Council, 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. If the Council shall fail to do so within two (2) 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 redetermined as required by this Charter. 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 any other paid municipal office or be employed by the City during the term as a member of the Council. No former Councilmember shall be employed by the City, appointed to any paid position of the City, or establish any independent contractual arrangement with the City, other than Mayor or Councilmember, for a period of one (1) year after leaving office. 5 Section 2.05. Vacancies in the Council. A vacancy in the Council shall be deemed to exist if any person elected thereto fails to qualify on or before the date of the second (2nd) regular meeting of the new Council. A vacancy shall also be deemed to exist due to 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 (3) months, or conviction of a felony of any such person whether before or after his/her qualification, or the failure of any Councilmember without good cause to attend any Council meeting for a period of three (3) consecutive months. In each such case, the Council shall promptly by resolution declare a vacancy of the remainder of the term and appoint an eligible person to fill the vacancy unless the vacancy occurs within ninety (90) days of the next regularly scheduled City or State election. In the latter case, the Council shall appoint an eligible person who shall serve until the following year's regularly scheduled election. The term of the appointed person shall extend to the first (1st) regularly scheduled Council meeting of a new year following a regularly scheduled City or State election. The Council shall call a special election concurrently with the next regularly scheduled City or State election for the purpose of electing an eligible person to fill the remainder, if any, of the unexpired term created by a vacancy. 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 or 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. Section 2.07. Compensation. (a) The Council shall set and may increase or decrease the salaries of the Mayor and Councilmembers in a reasonable manner by ordinance; 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 a summary of the proposed ordinance and the time and place of the hearing in the official newspaper at least one (1) week in advance of such hearing. No such ordinance increasing or decreasing any such salary shall become effective before the first (1st) day in December following the next municipal election, or such later date as is fixed in the ordinance. If within thirty (30) 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 fifteen percent (15%) of those who voted at the last regular municipal election 6 1 1 .1 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 reimbursed 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 2.08. Investigation of City Affairs. The Council shall have power to make investigations into the City's affairs including, but not limited to, neglect, dereliction of duty, or waste on the part of any officer or department of the City, to subpoena witnesses, administer oaths, and compel the production of books, papers, and other documentary evidence. The Council may provide for an examination or audit of the accounts of any officer or department of the City government, or it may direct a survey or research study of any problem affecting the City or its inhabitants at any time. Each such investigation shall be authorized by resolution of the Council. Section 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 administrative personnel of the City, other than the City Manager, either publicly or privately. If this section is violated by any member of the City. Council, such violation shall result in the public censure by the Council of the offending party, and may, in addition, result in the - imposition of a civil penalty, to be paid to the City -in an amount equal to one (1) month's compensation payable by the City to such member. The determination whether any violation of the provisions of this section has occurred shall be made by the Council upon its own inquiry and by a two-thirds (2/3) majority of all of the Councilmembers except the Councilmember or members being charged with the violation. CHAPTER 3 Procedure of Council Section 3.01. Council Meetings. On the first (1st) regularly scheduled meeting of a new year following a municipal election as specified in Sections 4.02 and 4.04 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 (3) members of the Council may call special meetings of the Council upon at least twelve (12) 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 of Councilmembers"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 minutes of proceedings and such other records and perform such other duties as may be required by this Charter or by 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 record of its proceedings. A majority of all the Council members shall consitute a quorum. Section 3.04. Ordinances, as otherwise provided in this by ordinance. Every ordinance in writing and read in full however, that the reading of a dispensed with by unanimous present. All administrative Resolutions and Motions. Except Charter, all legislation shall be and resolution shall be presented at a Council meeting; provided, resolution or an ordinance may be consent of all Council members business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and resolutions the ayes and noes shall be recorded unless the vote 1 1 r f is declared unanimous. A majority vote (four) of all of the members of the Council shall be required for the passage of all ordinances, motions, and resolutions except as otherwise provided in this Charter, the ordinances of the City or the laws of the State of Minnesota. Section 3.05. Procedure on Ordinances. The enacting clause of all ordinances passed by the Council shall be in the words, "The City of St. Louis Park does ordain." Every ordinance other than emergency ordinances shall have two (2) public readings in full, except as provided in Section 3.04. At least seven (7) days shall elapse between the first (1st) reading or waiver thereof and second (2nd) reading or waiver thereof. All legislation prescribing a penalty for violation thereof shall be enacted in the form of ordinances. Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary for the immediate preservation of the public peace, health, morals, safety, or welfare in which the emergency is defined and declared, and the ordinance is passed by a vote of at least five (5) members of the Council. No prosecution shall be based upon the provisions of any emergency ordinance until twenty-four (24) hours after a copy of the approved emergency ordinance has been filed with the City Clerk and posted in three (3) conspicuous places in the City or until twenty-four (24) hours after the ordinance has been published unless the person or entity charged with violation thereof had actual notice of the passage thereof prior to the act or omission charged. Every emergency ordinance shall automatically stand repealed on the sixty-first (61st) day following the date on which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. No grant of any franchise shall ever be made by an emergency ordinance. Section 3.07. Signing and Publication of Ordinances and Publication of Minutes, Resolutions, and Administrative Rules and Regulations (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 of the City. Such measures and matters required to be published by the laws of this State and this Charter and such other matters as the Council may deem advisable and in the public interest shall be published in the official newspaper. Additionally, the Council may, in its discretion, mail copies of the annual budget, ordinances, resolutions, election notices, and such other measures and matters as it may deem appropriate or post copies upon bulletin boards located in public places in the City in such number and 9 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 any other member of the Council, the City Manager, City Attorney and attested to by the City Clerk, and filed and recorded by the City Clerk in a book kept for that purpose. The ordinance book shall be preserved as a permanent record of the City. 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. Such a summary shall contain a notice that a full printed copy of the ordinance is available for inspection at the office of the City Clerk. Prior to publication, 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. Publication of the title and summary shall be deemed to fulfill all legal publication requirements as completely as if the entire ordinance had been published. (c) All resolutions and motions adopted 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. (d) Any administrative rule or regulation of any department of the State of Minnesota affecting the City, any statute of the State of Minnesota, any published code, specifications, or regulation prepared by an official or unofficial organization for general circulation and use may be adopted and incorporated in an ordinance by reference thereto by marking three (3) copies thereof "official copies" and filing them for reference and inspection in the office of the City Clerk. The publication requirements of this Charter shall be deemed to be fully satisfied in such cases by use of this reference method. Section 3.08. When Ordinances and Resolutions Take Effect. Emergency ordinances adopted as provided in Section 3.06 of this Charter, and ordinances making the annual tax levy, disbursing money, determining the annual budget, and providing for local improvements and assessments, shall take effect immediately upon their passage. All other ordinances enacted by the Council shall take effect fifteen (15) days after the date of their publication, unless a later effective date is fixed therein. All resolutions shall take effect upon their passage. Section 3.09. Amendment and Repeal of Ordinances. No ordinance, or subsection shall be amended or repealed except by ordinance. Every ordinance repealing all or part of an ordinance shall refer to the ordinance repealed by ordinance number, title, 10 1 1 and date of passage. It shall specify the section or subsection number or numbers affected. No ordinance or section thereof shall be amended by reference to its- title alone. Each amending ordinance shall set forth in full each section or subsection as amended; provided, however, that this requirement shall not apply to amendments to zoning ordinances. Section 3.10. Revision and Codification of Ordinances. The ordinances of the City shall be revised, rearranged, and codified at intervals of not more than ten (10) years. Such codification shall be published in book or continuously revised loose-leaf form and copies shall be made available by the Council at the office of the City Clerk for general distribution to the public at a reasonable charge. Such publication shall be a sufficient publication of all the ordinances contained therein. Every book shall contain a printed certificate of the Mayor, attested to by the City Clerk, that the publication is correct; and such book so published shall be received in evidence in all courts for the purpose of proving the ordinances therein contained, the same as though the original ordinances were produced in court. 11 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 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 (1) voting precinct and no precinct shall be in more than one ward. At least fifteen 15 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 (1) public place in each voting precinct and by publishing a notice thereof at least once in the official newspaper of the City. Failure to give such notices shall not invalidate such election. Section 4.03. Primary Elections. The Council shall, whenever three (3) or more candidates have filed for any elective City office, provide through ordinance or resolution for a primary election to be held for each such office. The primary election shall be held on a date eight (8) weeks prior to the general City election. At least fifteen (15) 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 (1) public place in each voting precinct where a primary election will be held, and by publishing a notice thereof at least once in the official newspaper of the City. 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, and provide the means for holding such special election. Three (3) weeks' published notice shall be given of any 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 at least three (3) qualified voters to be judges of election for each precinct. 12 Section 4.06. Nomination by Petition. The nomination of elective officers provided for by this Charter shall be by petition. The name of any nominee shall be printed upon the ballot whenever a petition meeting the requirements specified in this Charter has been filed on the nominee's behalf with the City Clerk. Such petition shall be signed by at least fifteen (15) currently registered electors-qualified to vote for the office specified in the petition. 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 that signature shall be void as to the petition or petitions last filed. A11 nomination petitions shall be filed with the City Clerk at least one hundred twenty (120) 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 be contained on one (1) paper. Each paper shall include an affidavit of its circulator stating the number of signatory and affirming that each signature was written in the circulato`r's presence and is the signature of the person who signed it. The residence address of each signer shall be affixed to the petition. The nominee shall indicate acceptance of the office, if elected, by an endorsement on the petition. The form of the nomination petition shall be substantially as follows: 13 NOMINATION PETITION We, the undersigned, electors of the City of St. Louis Park, 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. Name Street and Number being duly sworn, deposes and says that the undersigned circulated the foregoing petition and that the signatures were made in the circulator's presence and are the signatures of the persons who signed them. Signed Subscribed and sworn to before me this day of Notary Public for Hennepin County, Minnesota 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. Nominee: Section 4.08. Canvass of Elections and Taking of Office. The Council shall meet and canvass the election returns within seven (7) days after any regular or special elections, declare the results as soon as possible, and file a statement thereof with the City Clerk. Said statement shall be made part of the minutes and shall include: (a) the total number of good ballots cast; (b) the total number of spoiled or defective ballots; 14 r f (c) the vote for each candidate with a declaration of those who were elected; (d) (e) (f) a true copy of the ballots used; the names of the judges and clerks of election; such other information as may seem pertinent. The City Clerk shall notify all persons elected of the fact of their election, and the persons elected shall qualify to take office at the time provided for by Section 3.01, by taking, subscribing, and filing the required oath of office with the City Clerk. 15 CHAPTER 5 Administration of City Affairs Section 5.01. The City Manager. The City Manager is 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. The City Manager shall be appointed for an indefinite period and may be discharged by the Council at will. A City Manager who has been discharged after one (1) year of service shall have the right to appear at a regular Council meeting to discuss the discharge by filing a request with the City Clerk within thirty (30) days after the discharge and that the discharge be placed on a Council agenda. Such appearance shall take place within thirty (30) days after the request is filed. The Council may suspend the City Manager from office, with or without pay. 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 City Manager. Section 5.02. Powers and Duties of the City Manager. Subject to the provisions of this Charter and any regulations which may be adopted by the Council, the City Manager shall control and 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 consemt of the Council all department heads and other officers of the City listed in Section 5.04(a) of the City Charter, and to appoint and remove for cause all permanent employees. (c) To remove for cause, with the consent and approval of the Council, all department heads and other officers specified in Section 5.04(a); (d) 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; (e) To attend meetings of the Council, with the right to take part in the discussions but having no vote. The Council may, however,- at its discretion, exclude the City Manager from meetings at which removal of the City Manager is considered; (f) To recommend such measures to the Council for adoption as may be deemed necessary for the welfare of the people and the efficient administration of the City's affairs; (g) To keep the Council fully advised of the financial 16 condition and the needs of the City, and to prepare and to submit the annual budget to the Council; (h) To perform such other duties prescribed by State law and 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 alter the powers and organization of the same from time to time. It may enact an administrative code for the City by ordinance and may amend that code from time to time. Section 5.04 Other Officers. (a) There shall be a City Clerk, City Treasurer, and such other officers accountable to the City Manager as the Council may designate by ordinance. The City Clerk may be designated to act as secretary to the Council. The City Attorney shall be appointed by 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_ entering upon the duties of their offices, take and sign a written 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. _A11 contracts, bonds, and instruments of every kind to which the City shall be a party shall be executed in the name of the City and signed by the Mayor and the City Manager. 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 (1) 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. All public improvements which require that the City issue bonds to secure funds to pay the costs of construction of 17 the improvements shall be ordered and approved in the manner provided in Chapter 7 of this Charter. Section 5.07. Further Purchase Regulations. Further regulations for the making of bids and the letting of contracts may be made by ordinance. 18 1 a CHAPTER 6 Taxation and Finance Section 6.01. Council to Control Finances. The Council shall have authority over the financial affairs of the City, and shall provide for the collection of all revenue and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public funds. In the exercise of sound discretion, it shall make provision for the payment of all liabilities and expenses. The Council shall establish the fiscal year for the City. Section 6.02. Power of Taxation. The City shall have, in addition to the powers expressly granted or implied by this Charter, all the powers to raise money by taxation granted by the applicable laws of the State. Section 6.03. Board of Equalization. The Council shall constitute and meet as a Board of Equalization on the third (3rd) Monday in April of each year to equalize the assessed valuations according to law. A majority of the members may act at such meeting and recess from day to day until they complete their statutory duties. The annual session of the Board of Equalization shall not exceed twenty (20) consecutive calendar days. A published notice of such meeting shall be given in the official newspaper of the City at least ten (10) days prior to the day of said meeting. That notice shall specify the time and place of the meeting. Section 6.04. Preparation of Annual Budget. The City Manager shall prepare an 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. The budget submitted by the City Manager shall include details of revenues and expenses for the preceding two (2) years, the current year, and the budget year with appropriate explanations and shall be submitted to the Council no later than the first (1st) regular monthly meeting in September. Section 6.05. Passage of the Budget. The budget shall be considered at regular monthly meetings of the City Council until all of the material presented in the budget has been considered. The meetings shall be conducted upon such matters, at such time and places, as shall be necessary to give interested citizens a reasonable opportunity to ask questions and to be heard. The budget shall be available for public inspection at reasonable times prior to its adoption at such place or places the City Manager shall designate. The City Manager shall explain the 19 various items therein 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, the sources of revenue, the sums to be spent, and the purpose of each expenditure. The total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the budget by ordinance. Section 6.06. Enforcement of the Budget. It shall be the duty of the City Manager to enforce the provisions of the budget. Any obligation incurred by any City employee for any purpose not authorized in the budget or for any amount in excess of the amount therein authorized shall be the personal obligation of that employee. Section 6.07. Alterations in the Budget. After the budget has been adopted, the Council shall not have the power to increase the amounts therein fixed whether by the insertion of new items or otherwise in any amount in excess of the estimated revenues, unless the actual receipts exceed such estimates and in that event not in any amount in excess of such actual receipts. The Council may at any time, by ordinance passed by a vote of at least five (5) members of the Council, reduce salaries or reduce the sums appropriated for any purpose by the budget, or may by a vote of at least five (5) members of the Council authorize the transfer of funds from unexpended accounts of the budget for 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, which shall not exceed ten (10) percent of the total budget. Transfers from the emergency appropriation to any other appropriation shall be made only by a vote of at least five (5) members of the Council. The funds transferred to any departments or divisions of the City shall be used only for the purposes designated by the Council. Section 6.09. Levy and Collection of Taxes. Each year the Council shall levy the taxes necessary to meet the requirements of the budget for the ensuing fiscal year in the manner prescribed by State law. The Director of Finance shall transmit a statement of the taxes levied to the County Auditor annually. Such taxes shall be collected and their payment shall be enforced at the time and in the same manner as State and County taxes. No tax shall be invalid because of any informality in the manner of levying the same, nor because the amount levied exceeds the amount required to be raised for the purpose for which it was levied. Any surplus shall go into a suspense fund, and shall be used to reduce the levy for the ensuing year. Section 6.10. Tax Settlement with County. The Director of Finance shall ensure that all monies in the County Treasury belonging to the City are promptly turned over to the City according to law. 20 1 , Section 6.11. Disbursements - How Made. Disbursements shall be made only upon the order of the City Manager after City Council approval. Every such order shall -specify the purpose for which the disbursement is made, and indicate the fund from which it is to be paid. No claim against the City shall be allowed unless accompanied by either an itemized bill, a payroll, or a time sheet, each of which shall be approved and signed by the responsible City officer who vouches for its correctness and reasonableness. -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, waive Council approval of salaries and wages of regular employees and fixed charges which have been previously authorized. - Section 6.12. Funds to be Kept. The following funds shall be maintained: (a) A general fund for the payment of expenses of the City. All money not provided to be paid into any other fund by the Charter or by statute shall be paid into the General Fund. (b) A debt service fund. All receipts from taxes or other sources for the payment of principal and interest of all obligations issued by the City except bonds issued to fund any local improvement to be financed wholly or partly by special assessments and bonds issued on account of any municipally owned utility shall be paid into the debt service fund. The principal and interest due on such obligations shall be paid out of this fund. Any surplus in such fund not needed immediately for debt service may be invested under the direction of the Council ,in such securities authorized by law for the investment of such funds. Such investments may be liquidated at any time. (c) A capital project fund. 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, shall be paid into the capital project fund: A separate bond account shall be kept for each issue of such bonds. (d) A special assessment fund. This fund shall be used to finance local improvements, the costs of which are to be recovered in whole or in part, from special assessments against benefitted property. (1) There shall be paid into this fund: a. collections of special assessments, with interest, levied against benefitted property; b. proceeds of bonds or certificates of indebtedness sold by- the City in anticipation of assessment collections, and the proceeds of inter -fund loans; 21 c. amounts from other City funds representing either (i) apportionments of costs against the City at large, (ii) benefit assessments against City property, or (iii) appropriations to maintain the integrity of the fund. (2) There shall be paid out of this fund: a. all expenses and costs of the improvement projects that are financed through the fund; b. the redemption of all special assessment fund bonds and certificates of indebtedness, with interest, at or before maturity; and any inter - fund loans; c. abatements of assessments and in errors; and d. transfers to the general fund surplus of the fund. refunds or receipts of any unencumbered (3) The Council shall maintain the integrity of this fund by appropriations from other funds if necessary and, in addition, may by ordinance create and maintain a cash reserve sufficient for working capital. The Council may, by a majority vote, issue and sell bonds and certificates of indebtedness, pledging the full faith and credit of the City, or pledging only special assessments, in such amounts and maturities as it may determine, regardless of the provisions of Section 6.16 of this Chapter; provided that the aggregate amount of such bonds and certificates outstanding at any time shall not exceed the sum of the following: a. all assessments levied and uncollected; b. assessable cost of work in progress; and c. the cash reserve for working capital as previously determined by ordinance. (e) The special assessment fund shall be administered on a self-sustaining basis. The cost of each improvement project financed through it shall, upon completion, be certified by the City Manager and recovered either from assessments levied against benefitted property or from other City funds. Amounts charged against other City funds shall be due not later than the date of adoption of the corresponding assessment rolls, shall be charged interest as in the case of assessments, and shall be paid into the fund with any interest due no later than one (1) year after the due dates. 22 (f) A public utility fund. All money derived from the sale of bonds issued on account of any utility services, and from the sale of any property acquired fororused in connection with any such utility shall be paid into the public utility fund. The costs of the purchase, construction, operation, maintenance, and repair of such utility, and the principal of and interest upon obligations which have been or shall be issued on its account shall be paid out of this fund. Separate accounts shall be kept for all utilities which are operated by the City. In addition the Council may maintain the following funds: (g) A working capital or revolving fund for financing self-sustaining activities not accounted for through other funds. (h) A trust and agency fund for the care and disbursement of money received and held by the City as trustee or custodian or in the capacity of an agent for individuals or other governmental units. (i) Such other funds as may be required by statute or ordinance. In lieu of establishing any of the funds (g), (h), and (i), the Council may provide for the recording of operations or activities for which the use of such funds might be suitable through the maintenance of separate accounts in any appropriate fund already established. The Council shall have the power to make such inter -fund loans, except from funds held under subsection (h) hereof, as it may deem necessary and appropriate from time to time by adoption of an ordinance for that purpose. Section 6.13. Receipts to go to City Treasurer. All money belonging to the City or any agency thereof shall be paid to the City Treasurer, by the person authorized to receive it. All money received by the City Treasurer shall be deposited as soon as possible in a bank or banks or other depositories designated by the City Council. Section 6.14. Accounts and Reports. The City Manager shall be the chief accounting officer of the City and of every agency thereof, and the Council may prescribe and enforce proper accounting methods, forms, blanks, and other devices consistent with law, this Charter, and the City ordinances. The City Manager shall submit a statement to the Council each month showing the amount of money in the custody of the City Treasurer, the status of all funds, the amount spent or chargeable against each of the annual budget allowances and the balances left in each, and such other information relative to the finances of the City as the Council may require. The Council may at any time and shall annually provide for an audit of the City finances by a certified public accountant or by the Department of the State authorized to make examinations of the affairs of municipalities. On or before the first (1st) day of June, in each year, the City 23 Manager shall prepare a complete financial report in form approved by the Council of the City's financial operations for the preceding calendar year. That 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 ten (10) of each year. Section 6.15. Bonded Debt and Debt Limit. (a) In addition to the power to borrow and issue bonds and other securities for the payment of money specifically or impliedly granted by this Charter, the City shall have the powers granted to cities of its same class by the laws of the State of Minnesota. The City shall have the power to issue and sell its bonds to the State of Minnesota and to comply with all provisions of law relative to loans to municipalities from the permanent State funds. The City shall also have such powers as are necessary to obtain loans or funds from the Government of the United States and any of its instrumentalities or from the State of Minnesota or any of its instrumentalities, and to comply with all provisions of law applicable to obtaining such loans or funds. (b) The Council, by a vote of at least six (6) of its members, may authorize a bond issue 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 the question whether to issue such bonds to the voters. When such a question is submitted to the voters, no bonds or other term obligations of the City may be issued except upon the favorable vote of a majority of those voters who vote on their issuance. Bonds may include special limitations to provide for their payment out of earnings from the activity financed by the bond ,proceeds, may restrict payments partially from such earnings and make the remaining amounts due payable out of tax funds. Such limitations may be created by notice given during the proceedings authorizing the issuance of the bonds by the terms of the bonds or by separate agreement with the purchasers of the bonds. To the extent that they are payable out of earnings or from sources other than tax funds, such bonds shall not be paid out of taxes. The total bonded debt of the City at the time any bonds are issued shall not exceed the limit authorized by State law for cities of the same class. Section 6.16. Form and Repayment of Bonds. No bonds shall be issued to run for longer than the reasonable life expectancy of the property or improvement for which the bonds are authorized, as ascertained and set forth in the resolution authorizing such bonds, and in no case shall bonds be issued to run for more than thirty (30) years. The purposes for which bonds are authorized shall be set forth in the resolution authorizing them, and the proceeds from such bonds shall not be diverted to any other purpose. It shall be the duty of the City Manager to include estimates in each year's budget of the sums necessary to pay the interest on any bonds which are payable in the coming fiscal year, and the principal remaining due on any 24 1 a bonds which mature in that year. It shall be the duty of the Council, enforceable by mandamus upon the suit of any bondholder or taxpayer, to include such sum or sums as may be necessary for this purpose in the approved annual budget. Section 6.17. Debt and Tax Anticipation Certificates. (a) If, in any year, the receipts, from taxes or other sources should become insufficient for the ordinary expenses of the City, as provided in the budget, or if any calamity or other public emergency should subject the City to the necessity of making extraordinary expenditures, 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 (18) months. A tax sufficient to redeem all such certificates at maturity shall be levied as part of the budget for the following year. The authorization for an issue of such emergency debt certificates shall be by ordinance approved by at least five (5) of the members of the Council; the ordinance may, if necessary, be passed as an emergency ordinance. (b) For the purpose of providing money necessary 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 shall be repaid out of such taxes before the end of such year on such terms and conditions as the Council may determine, and shall bear interest at a rate not to exceed that established by State law. Such certificates outstanding at any one time shall not exceed forty (40) percent of the tax levy payable in the current year to the fund which benefitted from the borrowing. Section 6.18. Bonds Outside the Debt Limit. The Council may issue bonds for lawful purposes outside of the debt limit without limitation on their amount: (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. 25 CHAPTER 7 - Public Improvements and Special Assessments Section 7.01. The City Plan. The City Council shall, with the assistance of the City Manager and an advisory City Planning Commission, prepare and adopt a comprehensive City plan for the future physical development of the City. Such plan may be altered from time to time. It may include provisions for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and for the laying out, grading and improving of streets and public places, as well as for all other matters which may seem essential to such a plan. Section 7.02. Enforcement of City Plan. The Council shall have power, acting through the City Manager, to enforce adherence to the plan and to adopt and enforce a comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate the use of private property, such as but not limited to: the height of buildings, the proportion of the area of any lot which may be built upon, building lines, and proper and adequate provisions for parking. Such power shall be exercised to promote public health, safety, morals, welfare, and convenience. Section 7.03. Public Improvements and Special Assessments. The City shall have the power to make any and every type of public improvement not forbidden by the laws of this State and to levy special assessments to pay for all such improvements as are of a local character. The amounts assessed to benefitted property to pay for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith, with interest, until paid, but shall not exceed the benefits to the property. Section 7.04. Local Improvements. The Council may prepare and adopt an ordinance, prescribing the procedure which shall be followed in making all local improvements and levying assessments. Such ordinance, when adopted, shall supercede all other municipal provisions of the law on the same subject and may be amended only by an affirmative vote of at least five (5) members of the Council. Until the adoption of such an ordinance, and in absence of such ordinance, all local improvements may be made and assessments levied as prescribed by applicable law. 26 - • Section 7.05. �- Public `Works - How Performed. ;Public works, including_" all' local', improvements, ,may be constructed, :extended,; - repaired, , and maintained ., either;=, -directly - by, day labor or by _ Contract .= `The' City. shall_- require, contractors; to give • _b_onds' - for = �the� ; ,protect`ion= of= :the �City and ai`l=;persons� ,furnishings labor and materials -.pursuant; to, -the; statutes -Of the State : ; ,- _ ;-= - • - ECJ CHAPTER 8 Eminent Domain 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 the 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 property by the City shall be determined by the Council and shall be declared by a resolution which shall describe such property 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. Section 8.03. Payment of Award. Whenever an award of damages shall be confirmed in any proceeding for the taking of property under this Charter, or whenever the court shall render final judgment in any appeal from any such award, and the time for abandoning such proceedings by the City shall have expired, the City shall be bound to, and shall, within sixty (60) days of such final determination, pay the amount of the award or judgment of the court, as the case mar -be, -and -,--if not so- -paid, judgment therefore may be had against the City. Section 8.04. City May Abandon Proceedings. The City may, by resolution of the Council at any stage of the condemnation proceedings, or at any time within thirty (30) days after final determination thereof, abandon such proceedings as to all or any parcel of the property sought to be acquired and shall pay all reasonable costs and expenses thereof, including fees of counsel. Section 8.05. City May Acquire Entire Plant. In case the City shall condemn a public utility which is operated at the time of the commencement of the condemnation proceedings as one property or one system, it shall not be necessary in such condemnation proceedings, or any of the proceedings of the Council, to describe or treat separately the different kinds of property composing such system, but all of the property, lands, articles, franchises, and rights which enter into and go to make up such system may, unless otherwise ordered by the court, be treated together as constituting one property, and an award for the whole property in one lump sum may be made by the commissioners or other body assessing the damages in condemnation. This shall not prevent the City from acquiring only such part or parts thereof as may be necessary in the public interest in cases where the plant and property are separable into distinct parts. 28 Chapter 9 Franchises Section 9.01. Definition of Franchises. The word "franchise" as used in this Charter shall be construed to include all privileges granted to any person, firm, association or corporation in, over, upon or under any of the highways or public places of the -City, whether such privileges have been or shall hereafter be granted either by the City or by the State of Minnesota. Section 9.02. Franchise Ordinances. The Council may grant franchises by ordinance adopted by an affirmative vote of at least five (5) members of the Council, but in no case shall a franchise be granted by an emergency ordinance, nor within twenty (20) days or later than sixty (60) days after a public hearing has been held as provided in Section 9.09. 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 entities 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 any permanent or semi-permanent fixtures in, over, upon or under any street or public place 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, shall be required to obtain a franchise before proceeding to put such fixtures in place. Every ordinance granting or extending any franchise shall contain all the terms and conditions of the franchise. A franchise shall not be valid until it has been unconditionally accepted in all its terms, properly executed by the grantee, filed with the City Clerk, and approved by all other governmental agencies whose approval is required by 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 a deposit with the City Clerk in a sufficient amount to guarantee the publication before the ordinance is passed. Section 9.04. Power of Regulation Reserved. The City shall have the right and power to regulate and control the exercise by any corporation, co- partnership, person or other entity, of any franchise, however and whenever acquired. 29 section 9.05. Rates and Charges. Every franchise 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 be any return upon the value of the franchise. 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 City. In case of failure to reach an agreement by this method, within a reasonable time, the City may, in its discretion, agree to submit to arbitration ,mediation, or other dispute resolution on such terms as it may deem feasible or upon such terms as the franchise provides; provided, however, that the rates, fares, or charges so fixed by arbitration shall not be binding on the City for more than five (5) years. Section 9.06. Provisions of Franchises. (a) Every franchise shall contain, among provisions relating to the following: (1) The term of the franchise granted, exceed twenty-five (25) years. other things, which shall not (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. (b) Every franchise may contain, among other things, provisions relating to the following: (1) The power and right of the City to submit to 30 1 1 i arbitration the fixing of any rates, fares, or charges to be made by the franchisee. (2) The right of the franchisee to receive compensation for its franchise or the value thereof, if any, upon condemnation proceedings brought by the City to acquire the assets of the franchisee. Section 9.07. Further Provisions of Franchises. The enumeration and specification of particular matters which must be provided for in every franchise, renewal, or extension thereof shall not be construed to impair the right of the City to provide in any franchise, renewal, extension, or such other conditions and restrictions as the Council may deem proper to protect the City's interests, nor shall anything contained in this Charter limit any right or power possessed by the City over existing franchises. Section 9.08. Renewals or Extensions of Franchises. Every extension, renewal, or modification of any existing franchise or of any franchise granted hereunder shall be subject to the same limitations and shall be granted in the same manner as a new franchise. Section 9.09. Public Hearings. Before any franchise ordinance is adopted or any rates, fares, or charges to be charged by a public utility are fixed, a public hearing shall be held by the Council. Notice of such public hearing shall be published at least once in the official newspaper not less than twenty (20) days prior to the date of the public hearing. Additional notice of such public hearing may be given in such manner as the Council shall determine. 31 CHAPTER 10 Public Ownership and Operation of Utilities Section 10.01. Construction, Acquisition, and Operation of Utilities. The City shall have power to acquire public utilities as provided in Chapter 8 of this Charter and to build and construct such utilities as may be authorized by at least sixty (60) percent of the votes cast on the issue at a regular or special election. Section 10.02. Rates and Finances. Upon recommendations of the City Manager, or upon its own motion, the Council shall have the power to -fix all rates and charges for all utilities owned by the City, but such rates and charges shall be just and reasonable. The Council may prescribe the time and manner in which payments for all such services shall be made, make such other regulations as may be necessary, and prescribe penalties for violations of such regulations. Section 10.03. Purchase in Bulk. The Council may, in lieu of providing for the local production of gas, electricity, water, and other utilities, purchase them in bulk and resell them to local consumers at such reasonable rates it may fix. Section 10.04. City to Pay for Services. The Council shall make a reasonable charge, based on the cost of service, for lighting the streets and public buildings, _for supplying heat, water, power or any other utility. Such charges for light, heat, power, water, and other services shall be collected in the same manner as from other consumers, unless the Council provides some other plan. Section 10.05. Lease of Plant. The Council may, if the public interests will be served, contract with any responsible person, co -partnership, or corporation for the operation of any utility owned by the City, upon such rentals and conditions as it may deem necessary. Such contract shall be embodied in and let only by an ordinance approved by an affirmative vote of at least five (5) members of the Council. In no case shall such contract be for a longer term than ten (10) years. The contractor shall be subject, as far as possible, to the rules governing rates, service, and Council control, contained in Chapter 9 of this Charter which are applicable to the holders of franchises. Section 10.06. Public Utility - How Sold. No public utility owned by the City shall be sold or otherwise disposed of by the City, unless the full terms of the proposition of said sale or other disposition thereof, together with the price to be paid therefore, shall have been embodied in an ordinance passed by an affirmative vote of at least five (5) members of the Council, submitted to the electors at a general or special election and approved by at least a sixty (60) percent vote of the voters voting thereon. 32 r 1 CHAPER 11 Miscellaneous Provisions Section 11.01. Official Bonds. The City Manager, the City Clerk, the City Treasurer and such other officers or employees of the City, as_ may beidentifiedby ordinance, shall, 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 as to form by the City Attorney, the City Council, and filed with the City Clerk. The premiums on such corporate surety bonds 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. If there be is no such outstanding indebtedness, the Council may, by a resolution adopted by an affirmative vote of at least five (5) 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 (5) 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 after hearing, 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. The State of Minnesota has regulated actions for the recovery of damages for injuries to persons and property by Statute. Therefore, the Minnesota Tort Claims Act, applicable to Minnesota municipalities as it may be amended from time to time, Minnesota Statutes, is hereby adopted by reference. The City expressly preserves all rights and defenses accorded to it by law, including the right to bring claims for contribution or indemnity. The City expressly preserves all rights and defenses accorded to it by law, including the right to bring claims for contribution indemnity. Section 11.05. 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 33 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. The City Council may create and appoint a civil service commission to administer and supervise such civil service or merit system. - Section 11.06. 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 the City, or any contract to which the City shall be a party, except compensation, or salary as a member of the City Council or as an employee of the City.' No member of the City Council or employee of the City, shall solicit, accept or receive, directly or indirectly, from any public utility 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 discharged or removed from office. 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 civil action. 34 - = 7 - ' -,, We, the Ainder-signedi,&,:being'-`duly appointearqualified4afidi _ ' aciing_members-:of the Board of tCharter'„COmmissioq,L _-in,,71_andf:-.-=,for-,7ther-Vi-llage-=bf-,St:', 1,ouis--ParkHenriepin7CoUnt-y;_ MiMnesothereby-certiflethat'the foregoing document of:Chapters-1,_through-liinclusive'r,„:,is--the draft bf,-6.--,,pibposed, CharterpreparedH and,frakedby-.said-Hoard-_oi, FreehOldqrsand: herebyaffix:ourSignatureSto said-drifiin'itestimallynofame. apprpvar,thereOfand-deliverthe-:sametO:the;HonorableR4ssell,„ FeXmstrixa,-Priesidemt:of the -Council of.. ai i lageii.;as,the'Chif migistrate-ovexecutivethereoffqr_aCtioff-gurSuanttO-law. • - . : '4, ' t.1 \ . •• • .' ' , ,-' ' , . ‘''"P',4 l'j ,'•- i - Dated at Si: LoUis'Par,k.r-MilinCita,..thii— day of I ,-, -,1964. ;F MAURICE:ADELSHEIM, JR. WILLIAM -R: tHAPMAN- JAMESS:_CULLEN TRES F.. GOETTING„ _- MRS._GERTRUDE-HOGNANDER FREDW. :KAEPPEL _ • •• J.E. ADOLPH ICARLSSON,, • LELAND F. LELAND MRS. LYDIA ROGERS EDMUND T. MONTGOMERY MRS. CATHERINE WESTERDAHL EDWARD ROUSE , WALTER WHEELER EVERETT A. DRAKE; CHAIRMAN The foregoing draft of a proposed Charter and certificate in connection therewith received this . day of 1954. RUSSELL FERNSTROM- President of Village Council and Chief magistrate or executive of' the Village of St. Louis Park, Hennepin County, Minnesbta (Adopted December 7, 1954; effective January 7, 1955.) R CEAPER 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. 36 (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. 37 (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 who receives a contribution or loan for a personal campaign committee shall, on demand of the secretary, and in any event, within fourteen (14) days after receipt of the contribution or loan, furnish the secretary with the name and, if known, address of the contributor or lender, the amount contributed or loaned, and the date of receipt. (3) No anonymous contributions in excess of twenty dollars ($20) or any anonymous contributions aggregating in excess of one hundred ($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 one hundred ($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. 38 r b (4) All contributions ,of fifty dollars ($50) or more shall be made by check, bank draft, or money order. (5) Al]. monetary contributions received by or on behalf of any candidate or personal campaign committee shall be deposited within fourteen (14) days after receipt in an account designated "campaign fund of (name of personal campaign committee)." Section 12.05. Use of Contributions. All contributions received- on behalf of a candidate or personal campaign committee shall be used solely for the purpose of conducting that candidate's campaign for nomination for election or election to political office. Section 12.06. Campaign Reports. (1) Every candidate and the secretary of every personal campaign committee in every primary, special or regular election shall file a financial statement with the City Clerk as follows: (a) Seven (7) days before the primary; (b) Seven (7) days after the primary; (c) Seven (7) days before the regular or special elections; and (d) Seven (7) days after the regular or special election. The statement shall be verified upon the oath of- such candidate or such personal campaign committee, as the case may be, and shall cover all transactions made up to and including the third day before the filing of the statement and not accounted for and reported upon in statements theretofore filed, except that no transactions shall be made thereafter which are not included in the final statement. Each statement, after the first, shall contain a summary of all preceding statements. (2) Every secretary of every party committee shall, eight (8) days before the primary, on or before the tenth (10th) day following the primary, eight (8) days before the general election, and on or before the tenth (10th) day following the general election, file with the City Clerk a financial statement verified by the secretary of the party committee, which shall show in itemized detail all transactions, disbursements, and all obligations to make disbursements, for political purposes. Each statement, after the first, shall contain a summary of all preceding statements. (3) Every political committee shall, within thirty (30) days after any municipal election, file with the City Clerk a statement showing the total amount of receipts and disbursements, and for what purpose such disbursements were made when the political committee is organized to support a candidate for 39 elected office in the City or to support` or oppose propositions in City elections. (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 (1) 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 40 1 i a failed to file a document by this Chapter. Section 12.09. Termination Report. No personal campaign committee, party committee, or political committee shall dissolve until it has filed a termination report. The termination report shall include all information required in periodic reports and a statement as to the disposition of any residual funds. Section 12.10. Distribution. The City Clerk shall distribute a copy of Section 12.02 through 12.11 to every candidate for. public office upon the candidate's filing for office. Section 12.11 Penalty. Any candidate, personal campaign committee, party committee, or political committee found to be in violation of Sections 12.02 through 12.09 shall be liable to a fine of not more than $500. Section 12.12. Filing of Information. Each public official and each candidate must file as public record in the office of the City Clerk a statement containing the following: (1) Individual's name, address, occupation, and principal place of business. (2) A listing of all sources of compensation received for services rendered in excess of $1,000 per year, without specifying amount. A list of the names of all business corporations, companies, firms, or other business enterprises or partnerships with which the individual is connected as an employee, officer, owner, director, trustee, partner, advisor, or consultant. (3) (4) A list of financial interests through ownership of stocks, bonds, or other securities with value in excess of $1,500 without specifying dollar amount. A list of all real property located within the City of St. Louis Park excluding personal homestead property, in which the individual has any financial interest in excess of $1,500. The filing shall indicate the location of such property, but may omit any valuation. Section 12.13. Family Interests. If the spouse and/or minor children of a public official or candidate hold an interest which if held by the official or candidate would have to be disclosed under the provisions of Section 12.12, such interest of the spouse and/or minor children must be included in the statement filed according to Section 12.12. (5) 41 Section 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.). Section 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 sixty (60) days after the effective date of this amendment and every April 15 thereafter. (2) Candidates - within fourteen (14) days after filing an affidavit of candidacy or petition to appear on the ballot fo 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. 42 1 1 so Non -contractual- -transactions -voidable :,� "Any' public official -r who . , in the discharge of - rhis/herf` -duties, would be authorized to take'an action,_'vote, or make a"decision.fconcerning. a' non-contr' actual "transaction' of ,the City, which- would -=affect : i the public=_official'_s_ __=interests,._ unless— the-r-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 City with - : regard.." to -which, a-' public official ' has acted in violation of _ this paragraph:^ is., voidable - at- the option' of the Council. _,Any7money'which,was paid-by'the Council in violation of this ' paragraph`"; may be recoveredr, from any and x all 'persons iiiterest'ed'; 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 Counci1,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. 43 2 :.-_-",, ,i ., ,' i. 1-'1, • :-"'-•'-. ,---', - - , l- '---- .,.. • '-1-,-',,,;., ,_ . ‘, . - .- , • e -- r - , • g -. , _ -• , - , - - Section 12.21.`' Use „of City',--kni!!2in4t-2-aink--.B.aCilltiei:.'' - -•--No- public — official,' shall request 'or permit the unauthorized use :ot-r,.. _-.:- City=oirned vehicles, equipment,_ materials, ---prOP-erty, labor, Or, services for personal convenience or profit. ---- ... -., ,. Section 12.22. Distribution. The: -City_- Clerk'', shall distribute a copy of this; Chapter to- every public Official- within thirty (30) days after enactment of these sections. The City Clerk- shall also distribute a copy of this - every subsequently elected or appointed public official -Within fourteen (14) days of the public official's election ok - aptiointment to public office and every candidate for City Office- upon the candidate's filing for office. 44 'Seib j,ect Abatement-- Authority -as Absence" - Councilmeaibers Accounting Metiiods -Actinq7'Mayor' - Duties Administrative Code_ Administration =''Council through- Manager 'Adminietration --Manager Generally _ Administration - Interferences_ Adoption. by-, -Reference Advertising.- Tax Adjournment - Less Than Quorum Alleys - -See ' Streets Amendments'-- Ordinances Annual' Budget Annual Statements ` INDEX to -nuisances- - - rl Appointments Appointments Appointments Appointments Appointments Appointments Appointments Appointments Appointments Appropriations - Attorney - Clerk and Treasurer - Councilmembers After One Year - Councilmembers to Paid Employment - Council Vacancy - Disqualification - Manager - Secretary of Council - Subordinate Officers - Authority Generally Assessments - Authority Assessments - See Improvements Attorney - Appointments Attorney - Approve Bonds Audit - City Finances Auditing Authority - of City Generally Banks - Depositories Bids - Contracts Bids - Lowest Board of Equalization Boards - Advisory Only Boards - Authority to Investigate Boards - Establishment Bonds:- See Borrowing Bonds - Contractors Bonds - OfficialGenerally Borrowing - Authorize Generally Borrowing - Bond -Elections Borrowing - Bonded Dept Borrowing - Bond -Fund Borrowing - Bonds, Issuance Borrowing - Bonds,,Sale of Borrowing ,- Debt, Limitation_ 45 1..01- . 3.01 -6.14- 2.0,5 5.03 2.01 -2.01 -2.09 3.07 6.,02 3.03 3.09 6.04 6.14 5.04 5.04 2.04 2.04 2.05 2.04 5.01 3.02 & 5.04 5.04 1.02 7.04 & 1.02 5.04 11.01 6.14 6.01 & 2.08 1.02 6.13 5.06 5.06 6.03 2.02 2.02 2.02 7.05 11.01 1.,02_ 6.15 6.15 6.12 -- 6 .15 6:15 1.047 &..6.15 INDEX (ccntinue4). Subject Section Borrowing - Debt Service Fund 6.12 Borrowing - Funds 6.12 ' Borrowing - Outside Debt Limits 6:18 - Borrowing - Proceeds of Sale of Real Estate 11.02 Borrowing - Repayment 6.16 Borrowing - Taxes 6.02 Borrowing - Tax Anticipation Certificates 6.17 Borrowing - U.S.-and State- 6.15 Borrowing - Utilities Acquisition 8.01 B6undaries , 1;01 Boundaries -,Council Duty to Redistrict Wards 2;03 Boundaries - Ward Change 2.03 BridgeS,- Planning 7.01, Budget'- Alterations :6.07, Budget - Annual 6.04 Budget - EmergeriCy Appropriations 6.08 Budget:- Enforcement 6.06 Budget - How Adopted 6.05 Budget - Ordinance 3.08 Budget - Passige 6.05 Budget - Transfer of Funds 6.07 Buildings - Authority General 1.02 Bureaus - Creation 1.02 Business Regulations - Authority 1.02 Calamity l 6.17 Census - Redistricting 2.03 Ceremonial Head of City 2.06 C:132k.-Audit 6.14 Charter - Evidence in Court 1.02 Chatter - General Laws 1.04 City_ -.See sr*C4ic headings; Attorney, Manager, Clerk, N" = Limits, • Utilities City, -,-Has Rights of Village City Plan CityfPlan EnforCement Civil Service- Clerk- Clerk-- Attest Ordinances Clerk.7 Bond & Premium Clerk - Codification Certificate Clerk - Disbursements Clerk - Election Notices Clerk - To NOtify Election Winners Code - Admini#rative Codes - Adoption by Reference Codification of Ordinances Collection.of-Taxes 1.03 7.01 7.02 11.06 5.04 3.07 11.01 3.10 6.11 4.02 4.08 5.03 3.07 3.10 6:09 Smbject ' Section ; - - --- CoMfort - General Authority 1.02. I, CommiSsions-- Advisory:Only 2.02 , doMmisa,ions - Authority to Investigate , 2.02- Commission* - CivilService. 11.06 Commissions - Establishment 2.02 Commissions - Planning,,-- 7.01 -Common,lawPowdrp- 7 'Authorization 1;02 Compeniation,-'iSed-,SAlaries CondeMnation - See' Eminent Domain ConditiOnal Sales Contracts 6.18 Conflicts of Interest - 12.18 - .21 Contracts 5.05 Contradts - Authority 1.02 Contracts - Conditional Sales 6.18 Contracts - Forbidden 11.07 Contracts - How Let '- „ 5.06 Contracts - Over $15,000 5.05 & 5.06 Contracts - Public'Works 7.05 Contracts - Regulations by Ordinance 5.07 Contracts - Signing 5.05 Contracts - Utility Leasing 10.05 Contracts - Voidable 11.07 Construction - Authority Generally 1.02 Construction Contracts 5.06 Control - Administrative 2.01 - Control - Executive2.01 Convenience - General Authority 1.02 Conviction -Vacancy-2.05 Corporate Surety - See Bonds Council - Adjournment if no Quorum 3.03 Council - Administration Limitations 2.09 Council - Approval of Contracts 5.05 Council - Assessments 7.03 Council - Audits 2.09 Council - City use of Utilities 10.04 Council - Control Generally 2.01 Council - Day Labor Improvements 7.05 Council - Employment', ' 2:04 Council - Favors ' _ , 11.07 Council - Financial' Control 6.01 Council - Fix Bonds - 11.01 Council - Fix Rates -City Utilities 10:02 Cdundi1 - ForceAccount Work 7.05 CoufiCii-_Giving Notice 3.07 (a) Council- ItRpovaments' g 7.-03 Council - Investigation 2.08 Council - Journal 3.02 & 3.03 Council - Meetings ' ' 3.01 - Council - Meetings, Public 3-01 II , 47 Subject Council Council Council Council Council Council Council Council Council Council Council Council Council Council Council Council Council Council Council 'r - INDEX (Continned) 1 - INDE$-(continued) Membership - Merit System - Minutes_of Meeting Public - Ordinances, Resolutions and Motions - Planning - Powers & Authority - Powers Create Offices - Powers, Departments - Presiding Officer - -Procedure - Publications - Quorum - Secretary - Set Salaries - Special Assessments - Subpoena - Surveys and Research - Use of Proceeds of Real Property Sale - Voting Council Manager Councilmember - Councilmember - Councilmember - Councilmember - Councilmember - Councilmember - Councilmember - Councilmepber - Councilmembers Councilmembers Councilmembers Councilmembers Councilmembers Councilmembers Councilmembers Councilmembers -Councilmembers Plan - Established Absence as Vacancy Candidate Death Moving Out of Ward Qualifications Removal from Ward Resignation Administrative Restrictions - Attendance Compelled - Contracts - Expence - Failure to Perform Duties or Quality - Financial Reports - Mayor Vote - New - Salaries - Term Councilmembers - Voting Courts - Codification as Evidence Damage Suits Death of Councilmember Debt - See Borrowing Departments - Creation Definitions - General Authority Depositories Disbursements - How Made Disposal - Garbage & Refuse Generally 48 Section 2.03 11.06 3.01 3.04 7.01 1.04 5.04 5.03` 2.06 3.03 3.07 3.03" 3.02 2.07 7.03 2.08 2.08 11.02 3.04 2.01 2.05 2.03 2.05 2.03 2.03 2.05 2.05 2.09 3.01 11.07 2.07 2.05 12.12 - .15 2.06 2.07 2.07 2.03- 3.01 3.10 1 11.04° 2.05 5.03 1.02 6.13- 6.11 1.02 Subject Easements - Election at Elections - Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections Elections INDEX (continued) Acquisition Large - Mayor Bond Build Utilities Campaign Regulations Canvassing Returns Clerk Clerk to Notify Winners Council Judge Thereof Council Regulation Day of Primaries Day of Regular Failure to Qualify Filing Fees Filling Vacancy Generally General Elections, Utilities Judges Nominating Petitions Notice Officers Officers to be Elected Petitions, Judges & Clerks Polling Places Precincts Primary Regular Sale of Utility Special Special Elections, Utilities State Laws Apply Taking Office Terms Expired Term Utilities Wards Elective Officers Electricity - See Utilities Emergency Borrowing Emergency Ordinances Emergency Ordinances Emergency Ordinances Emergency Ordinances Emergency Ordinances Eminent Domain - Eminent Domain - Eminent Domain - Eminent Domain - Eminent Domain - Eminent Domain - - Contracts - Effective Date - Franchises - Not to Grant Franchise Abandon Proceedings Authority Award Award Utilities Easements Elections Required 49 Section 8.01 2.03 6.15 10.02 12.03 12 4.08 4.05 4.08 2.03 4.01 4.03 4.02 2.05 4.06 2.05 4.01 et seq 8.01 4.05 4.06 & 4.07 4.02 2.03 4.02 4.05 4.02 4.02 4.03 4.02 10.06 4.40 8.01 4.01 4.08 & 3.01 2.03 2.05 8.01 2.03 & 4.02 2.03 6.17 3.06 5.06 3.06 9.02 3.06 8.02 1.02 & 8.01 8.03 8.05 8.01 8.01 Subject Eminent Domain Eminent Domain Eminent Domain Eminent Domain Eminent Domain Eminent Domain Eminent Domain Eminent Domain - Entire Plant - Franchises - Judgment on Award - Outside City Limits - Powers - Procedure - Utilities - Utility System Employees - Merit System Employees - Personal Liability Evidence - Charter Prima Facie Evidence - Codification Expenditures - Limited Exp'enses - Councilmembers Fares - Authority Fidelity Bonds - See_ Bonds, Official Finances - Council Control Firefighters - Civil Service Fir,efighters - Tax Form - Nominating Petition Form --Oath Franchises - See also Eminent Domain and Utilities Franchises - Acceptance Franchises - Arbitration Franch'ises - Authority Franchises - Change Franchises - Contents Franchises - Definition Franchises - Extension Franchises - Granting Franchises - Not by Emergency Ordinance Franchises Fr`anchises Franchises Fr-ahchises Franchises Franchises Funds- - To - ,Ordinances - Ordinance Publication Costs - Power of City - Provisions - Renewal - Terms be Kept Garbage - Special Assessments Gas-- 'See Utilities General Elections - See Elections General Fund General Laws - Application General Powers of City Gerieral Welfare - Authority Gifts - Authority 50 Section 8.05 - 8.01 & 8.05 8.03 8.01 8.01 8.02 8.01 8.05 11.06 6.06 1.02 3.10 6.60 2.07 1.02` - - ' • 6.01 11.06 6.02 4.07 2.03 & 5.04 9.02 9.05 & 9.0 1.02 9.07 9.06 9.01 9.02 9.02 3.06 9.01 9.03 9.07 9.06 • 9.07 & 9.08 9.06 6.12 - 1-.02 ' 6.12 1.04 1.02• 1.02 8.01 ryn v -L A C INDEX (continued): - - Subject Good_ Government - General Powers Government - Generally -- Health - General Authority Height - Building, Authority Highways - See Streets Section 1.,02 2.01 1.02 1.02 • Implied Powers - Generally 1.02 Improvement Ordinance 3.08 Improvements - Authority Generally 1.02!&'••7.03 Improvements - Contracts 7.05 Improvements - Fund 6.12 Improvements - Special Assessment Authority 1.02 Improvements - Special Assessment Fund 6.12 Incompatible Offices 2.04 Installment Purchases 6.18 Injuries - Suits 11.04 Investigations - Council 2.09 Judgment - Against City 11.08 Judgments - Tax to Pay 6.02 Library - Tax 6.02 4,_ Licenses - General Authority 1.02 Legal Newspaper 3.07(b) Legislative Control 2.01 Levy•of Taxes 6.09 y Levies - Authority General 1.02 Levies - Ordinances 3.08 Limitation of Action 11.04 Limits - Outside Property 1.02 Limits - Powers of City Outside 1.02 Loans - U.S. 6.15 Local Improvements - See Improvements Maintenance of Buildings - Authority Manager - Accounting_Officer Manager - Administrative Duties from Council Manager - Annual Budget Manager- - Annual -Statements Manager - Bond and Premium Manager - Budget Enforcetent Manager - Contracts Manager - Council Direction Manager - CouncilmeMbers Prohibited - 51 1.02 6.14 2.09 6.04 6.14- 11.01 6.06 5.'05 2:01 2:04 Subject Manager Manager Manager Manager Manager Manager Manager Manager Manager Manager Martial INDEX (continued) - Disbursements - Duties - Financial Statement - Generally - Planning - Planning Enforcement - Not to be Secretary of Council - Rates of City Utilities - Reports - Salary Law - Mayor Responsible Materials - Building, Authority Mayor - Acting Mayor - Ceremonial Head of City Mayor - Codification Certificate Mayor - Disability Mayor - Duty to Redetermine Ward Boundaries Mayor - Duties Mayor - Elected at Large Mayor - Generally - Mayor - Martial Law Duties Mayor Pro Tem Mayor - Service of Papers Mayor - Sign Ordinances -Mayor - Term Mayor - Voting Meetings - Council 'Meetings - Council Public Meetings - Special Council Meiit System - Establishment -Minutes - Council Minutes - Secretary of Council Misdemeanors - Ordinance Required Motions - General Motions - Publication Motions - Votes Required Municipal Elections - See Elections Name' of City Newspapers - Election Notice Nominations - See Elections Notice - Board of Equalization Meeting Notice - Election Notice - Levy of Added Tax Notice - Person Responsible for Damage Notice - Primary Elections Notice - Special Elections Nuisances - Authority to Abate 52 Section 6.11 5.02 6.14 5.01 et seq 7.01 7.01 3.02 10.02 6.14 2.07 2.06 1:02 2.06 2:06' 3.10 2.06 2.03 2.06 2.03 2.06 2.06 2.06 2.06 3.07 2.03 3.01 3.01 3.01 3.01 11.06 3.01 3.02 3.05 3.04 3.07 3.04 1.01 4.02 6.03 -- 4.02 6.02 11.08 4.03 4.04 1.02 5, TI 77. < - ; - - - _ - . , INDEX-. (continued) Subject Section Oath of Office- _ 241 & 5.04 Occupations- AUthdrity to,Regulate 1.02 Occupancy. -1341dings, Authority' ', 1.02 -_ Officers, ---,Sed Mayor, Clerk,, Manager, Mayor Pro Tem- dffi'cers, - Accepting Favors _ 11.07 OffiCer - Bonds_ - 11.01T Officers'--Electidn- 2.031„& 4.02 Officers - Generally - 2.01-& 5.04 Officers - Interest in City Contracts A -Officers - Oath, 15:47- I Officers - Personal Liability 6.06 Officers- - Removal 11.07 Offices - Incoipatible 2,04 Official Publication 3,07 Ordinance - Amendment 3.09 Ordinance - COde ad'Evidehce 3.10 Ordinances - Adoption by Reference 3.07 Ordinances - Clerk Attes-t 3.07 Ordinances - Codifidation 3.10 Ordinances - Effective'Date 3.06-& 3.08 Ordinances - Emergency 3.06- Ordihances - Franchise, Costs 9.03 Ordinances - General 3.04 Ordinances - Penalty Prescribed 1.05 Ordinances - Procedure 3.05 4 Ordinances - Publication 3.07 Ordinances - Repeal 3.09 Ordinances - Required if Penalty Imposed 3.05 Ordinances - Readings, Two 3.04 Ordinances - Revision 3.10 Ordinances - Sale of City Utility 10.06 Ordinances,- Sale of Property 11.02 Ordinances - Signing 3.07. Ordinances - Two Readings Required 3.05 Ordinances - Vote Required 3.04 , Ordinances - Utility Leasing 300(9)5 Ordinances - Zoning Amendment 3 -. Planning Commission Platting Playgrounds - Planning Po6r.;Relief - Taxes Police - Civil Service Police - Emergency Command by Mayor Powers of City - Generally Preamble Premiums on bonds 53 7.01 7.01 7.01 6.02 11.,06 2.06 1.02 1.00 11.01 Subject INDEX - (continued) Primary Elections - Procedure - Borrowing Procedure - Council Procedure - Emergency Ordinance Procedure - Eminent Domain -- Procedure - Improvements Procedure - Ordinance Procedure - Vacate Streets Proceedings - See Eminent Domain, Vacating Streets, etc. Process - Service upon Mayor Property - Acquisition_ Public Buildings Public Funds Public Improvements - See Improvements Public" Library - Tax Public Ownership - Utilities Public Places - Authority to Control Public Property - Acquisition, Public Property - Damage by Utility Public Records - Keeping Public Utilities - Authority Public Works - Authority Public Works - Planning Publication - Adoption by Reference Publication - Publiication - Publication - Publication - Publication - Publication Publication Purchases - Purchases - Purchases - Purchases - Purchases - -,A' Quorum - Council Codification of Ordinances Generally Legal Newspaper Motions Ordinances - Ordinance Effective Date - Resolutions City, Bulk for Utilities Conditional Sales Contract Easements for Utilities Generally (Purchasing 'Agent) Limited Rates - Publicly Owned Utilities Reading - Unanimous Consent to Waive Readings - Two Required Real Property - Authority Real Property - Outside City Limits Real Property - Sales -' Records - Public Records - Public, Council Meetings Redistricting 54 4.03 1.04' - 3.03 3:06 8.02 7.04 3.05 11.03 2.06 8.01 7.01 6.01 6.02 10.01 1.02' 8.01' 9.06 5.04 1.02 1.02 7.01 3.07 3.10 3.07 3.07' 3.07 3.07 3.08 3.07 10.03 6.18 8.01 5.05 6.06 3.03 10.02 3.04 3.05" t 1.02 1.04 11.02 5.04 _ 3.01 2.03_ `'F INDE30oontinueay, , subject `' , -RefuseTCo1lection Special:Assessments Registration of -Voters' Regulations,- Author-ity - Regulations - Buildings,,Authority Regulations - City Utilities -_ Regulations - Local Improvements'Generally Regulations'_ - -Police Authority' Generally Regulations - Public Works,`Generally Regulations-- Publications Regulations - Sanitary, Authority Regulations - Streets, Authority Regulation - Utilities Regulation - Utilities, General Authority Removal from Office Remuneration - See Salaries Repeal - Ordinance_s_ 3.09 Reports,- Manager 6.14 Reports - Mayor 2.06 Research 2,08 Residence - Council 2.03 Resignation - Member of Council 2.05 Resolutions - Effective Date 3.08 Resolutions - General 3.04 Resolutions - May be Published 3.07 Resolutions - Vote Required 3.04 Revision of Ordinances 3.10, Revolving Fund 6.12 4.01 -1.02-- 1.02 10.02 1.02 1.02 1.02- 3.07 1.02 1.02 9:.04 1.02 2.05 Safety - General Authority St. Louis Park Village - Powers Transferred Salaries - Councilmembers Salaries - Manager Salaries - Mayor and Council Stopped, Redistricting Salaries - Not Paid, Council and Mayor Salaries - Reduction Sale ,of Property - Authority Sales Real Property Seal:- Authorized Secretary of Council - Duties Secretary of Council - May be Clerk Self Government Authority Service of-Pr-ocess Sewers - See Utilities Soliciting Favors. - Special-Assesments-- See Improvements, Special Council -Meetings a' Special Elections-- See Elections Statute of Limitation'. - Streets - Authority,Generally 55 - 1.02 1.02 2.07 2.07 2.03 2.03 6.07 1.02 11.02 1.02 3.02 5.04 1.02 2.06 11.07 3.01 11.04 1.02 ,9 A k. f ,. F1_ 'at Subject Streets Streets Streets Streets Streets INDEX (continued), - Planning - Surfacing Contracts - Vacation - Utilities, Facilities - Utilities Repair Subpoena - Council Suits.-- See Eminent Domain Suits - Authority Suits - Contribution Suits - Damage Suits - Injuries Suits - Notice to Person Responsible Suits - Service of Papers Suits - Subrogation Suits - Voidable Contracts Summons and Complaint Surety Bonds - See Bonds, Official Survey for Damage Taxes - Added Levy, Levies Taxes - Authority Taxes - Generally Taxes - Levy & Collection Taxes- - Limits Taxes - Settlement Telephone - See Franchises and Utilities Term - Beginning Term - CouncilMembers Term - Mayor Term - Vacancy Filled Tolls,- Authority Trades - Authority to Regulate Transfer of Funds Transfer of Interfund Loans Transportation - Planning Treasurer - All Receipts Treasurer - Bond and Premium Treasurer - Disbursements Treasurer - Funds Trust Fund Unexpired Utilities Utilities Utilities Utilities Utilities Utilities Term - Vacancy - See also Franchises - Acquisition - Books Inspected - Build - City Lease - City Purchases in Bulk 56 'Section 7.01 5.06 -11:03 9.06, .9%06'; 2.09 1.02 ,, 11.08 11.04 11.04 '11:08 .2.06 '11:20P 11.07 2.06 2.09 6.02 1.02 -6.01 et seq 6:09 6.02 6.10 2.03 2.03 - 2.03' 2.05 1.02 1.02 6.07 _6.13 7.01 ,6.13 11.01 6.11 6.12 6.12 2.05 8.01 & 10.0 9A,6 f 10.02 10:05 10.03 • 7 Subject -Utilities- Utilities Utilities Utilities u.4444 - Utilities Utilities Utilities Utilities Vacancy Vacancy Vacancy Vacancy Vacancy Vacancy Vacancy Vacancy Vacation Village Village Village Voters Voting Voting Voting Voting Voting Voting Wards - Wards - Wards - Wards - Water - Welfare -Sale- - City -Uses - Easements - Eminent • Domain - Facilities - , Favors - Fund " - Planning - Public Ownership - Rates and Charges - Regulation - Service - Conviction of Felony - Failure to Qualify - Felony - - - General - Moving Away - Removal from Ward - Term of Appointee - Three Months Absence of Streets of St. Louis Park - Powers of St. Louis Park - Powers Transferred of St. Louis Park - Rights go to City See, Elections Councilmembers Council Generally Council Majority Defined Mayor Mayor as Council Member Record Vote Required Boundary Changes Councilmembers Elected Description Redistricting See Utilities of City - General Powers Zoning Zoning - Plats 57 Section 10.04 - 8.,05' 9.06' "11.,07 7:02 9.05 9.04 9.05 2.05 2.05: 2;:05' - 2.05 2.05 2.03 2.05 - 2.05 11.03 1.02 1.02 1.03 '3.01 3.04 3.04 3.01, 2.07 3.04 2.03 2.03 2.03` 2.03 1.02 7.01 7.01 Sections 4.03, 4.06 Section 2.08 Section 2.05 Sections 4.02, 5.06, 6.04, 6.06, 6.14 Section 2.04 Section 4.08 Section 5.02(b) Section 2.03 Sections 5.05, 5.06 Section 6.14 Section 11.04 Sections 11.04, 11.10, 11.11; 11.13, 11.14 Sections 2.03, 2.06, 2.07, 2.09, 2.10 Sections 3.03, 3.06, 3.09 Sections 5.01, 5.02, 5.03 Sections 6.02, 6.03, 6.04, 6.09, 6.10, 6.14, 6.16, 6.17 Sections 7.02, 7.04 Sections 2.05, 4.03, 4.04 Sections 2.03, 2.05, 3.01 Section 2.07 Section 2.09 Chapter 12 Section 3.07 Section 4.05 Section 2.03 Sections 1.03, 1.04, 1.05, 2.01(b), 2.06, 2.07 (a) -(d), '3.07 -(a) (b) , 4.06, 5.04(a) (b) 5:05, 5.06, 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) , 11.01 - 11.05, 11.06, and 11:0'7 March 21, 1983 Ord. 1593 Section 2.03 (At Large A & B)January 21, 1985 Ord. 1644 Section 1.00 (Preamble) September 15, 1986 Ord. 1695 Sections 2.04, 3.04, 3.07, May 4, 1987 Ord. 1716-87 4.06, 4.07, 5.01, 5.05, 5.06, 6.17,_11.03, 11.04, 12.01(3), 12.03 November 4, 1958 December 8,_ 1959_ November 8, 1960 November 8', 1966 June 14, 1971 July 19, 1971 August 30, 1971 March 5, 1973 May 29, 1973 May 29, 1973 May 29, 1973 February 3, 1975 February 3, 1975 April 7, 1975 April 7, 1975 April 7, April 7, February November November November November February July 19, November 1975 1975 7, 1977 8, 1977 20, 1978 6, 1979 4, 1980 18, 1982 1982 1982 Election Election Election Election, Ord. 1149 Ord. 1158 Ord. 1163 Ord. 1211 Ord. 1224 Ord. 1225 Ord. 1226 Ord. 1278 Ord. Ord. Ord. 1279 1288 1289 Ord. 1290 Ord. 1291 Ord. 1362 Election Ord. 1432 Election Election Ord. 1540 Ord. 1567 Election Eff. 12-4-58 Eff. -'1-8- Eff. -8=Ef-f. 12-8- Eff. 12-8-66 Eff. 9-]:5-71- Eff. 10-20-71 Eff. 10-31-71 Eff. 6-6-73 Eff. 8-29-73 Eff. 8-29-73 Eff. 8-29-73 Eff. 5-7-75 Eff. Eff. Eff. Eff. Eff. Eff. Eff. Eff. Eff. Eff. Eff. Eff. Eff. 5-7-75 7-9-75 7-9-75 7-9-75 7-9-75 5-17-77 12-15-77 12-1-79 12-6-79,: 12-4-8,0 4-22- 10-26= 12-2-82 Eff. 6-28-83 Eff. 4-28-85 Eff. 10-7-86 Eff. 8-10-87 Sections 1.02, 1.04, 2.03, May 20,•1991 Ord. 1855-91 Eff. 7-1-91 2.04, 2.05, 2.06, 2.07, 2.08. 2.09, 3.01, 3.03, 3.04, 3.06 3.07, 3.09, 3.10, 4.03, 4.06, 4.07, 4.98; Chapter 5; Chapter 6; Sections 7.01, 7.02, 7.04, 8.02, 8.05; Chapters 9, 10 & 11. 58 u' o.1.... -j-4. S. a.,, _,,, ori _ _ — _ ��. i �� � i-.•_ } n - _ �.. ' ' Sectionv 3 '--Effective ,Date:`:-Thi`s-'ordinan'ce shall-lbe'..in -for`ce1,and, take effect .in, -the- Ci_ty`-Charter< on -,July -1; 1991 first`readiii A ri-1:' 15.,, 1991 -- -second-readi` `" '9Y_ p ' ngn<May20;= a 1991',.-publ�i cati on -;May;, 29,;1991 -_ _ • _ _ - �� _ - _ Adopted_ by the: ,City^Coun'ci 1 May 20',' 1991 Reviewed for administration: Mayor J.)s Approved as to form. and execution: .91.e111W- 462 - City Manager - _ City Attorney ,51