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Ordinance No. 0857 06-16-1986� � ' ��� ORDINANCE N0. 857 AN ORDINANCE AM�IDING SECPIONS 2.03, 2.04, 2.05, 2.06, 2.07, 3.01, 4.01, 4.06, 4.07, 5.01, 5.03, 5.04, 5.05, 5.06, 5.07, 5.08, 5.09, 5.10, 5.11, 5.13, 5.14, 5.15, 5.17, 5.18, 6.01, 6.02, 6.04, 7.06, 7.14, 7.15, 7.16, 11.06, 11.07. 12.03, 12.04� AND 12.05 OF THE FRIDLEY CITY CAARTER, AND ADDING SEGTION 1.04 (DEFINITIONS) THE CITY �UNCIL OF THE CITY OF ERIULEY DOFS ORL2IIN AS FOLL(k1S: That the follaaing sections of the Fridley Charter be amended as follows: 1.04. DEFINITIONS. 1. Eligible Voter. A resident of the City of Fri�ley who is qualified to register to vote. 2. Registered Voter. An eligible voter who is currently registered in the City of Fridley. 3. Voter. A registered voter who has voted in the City of Fridley within the last four years. 4. Electorate. The whole body of eligible voters. 2.03. ELECTIVE OFFICERS. 1. The Council shall be composed of a Nlayor ar,d four (4) Councilmembers who shall be eligible voters. The Niayor shall be elected at large for a term of three (3) years, (except the first Mayor to be electea in 1957 shall be for a term of two (2) years). 2. One (1) Councilmember �hall be elected at large f or a term af three (3) years except that the first such Councilmember-at-large under this Charter shall be the incLUnbent elected in 1956, with two (2) years remaining af term and shall be considere8 to serve two (2) years as Councilmember-at-1«rge to 1959. 3. Three (3) Councilmenbeis shall be elected for terms of three (3) years each frcxn three (3) sep�rate Wards of the City, as designatec� below, except that the first Councilmember for Ward No. 2 ander this Charter shall be the Councilmember having one (1) year of term yet to serve, and shall be oonsidered Councilmember for Page 2- Ordinance No. 857 -., �0.,r� 3�'1 � Ward 2 for a one (1) year term to expire in 1958. The Councilmembers from Wards No. 1 and No. 3 shall be elected in 1557, each for terms of three (3) years. 5. The CouncilmPr�ber elected frrnn a ward must be a resident of such warci and his ceasing to be a resident thereof shall cause a vacancy in the office of Councilm�nber from such ward; provided that a change in ward boundaries during his term of office shall not disqualify the Councilmember from serving out the term. 6. The texm of Nayor and of each Councilmember shall begin on the first off icial business day in the month of Januaxy follaainy the election to office and shall end when a successor has been duly elected and has c�ualified. The first order of business at the first official Council meeting in Januaxy shall be the swearing in of the newly elected mercJ�ers of the Council. The Council shall be judge of the election and its members. (Ref. Special Election 4/12/60, Ord. 592) 2.04. DISQUAL.IFICATION E�OR APP�INTIVE OFFICE. No memt�r of the Council shall be appointec� acting or �ermanent City Manager, nor shall any menber hold any other �id municip3l of-fice or employment under the City; and until one (1) year aftex the ex�iration of the texm as Niayor ox Councilmenber no former member shall be appointed to any paic7 office or eaployment under tl'�e City. � 2.05. VACANCIES IN TFIE QOUNCIL. 1. A vacancy in the Council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new Council, or by reason of the death, resignation, renoval fran office, removal from the City, removal of a warc7 Councilmernber from that 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 qualification, or by reason of the failure of any Councilmember without good cause to perform any of the duties of inembership in the Council tor a �eriod of three (3) months. In each such case, the Council shall by resolution declare such vacancy to exist and shall forthwith call a special election to be held not less than forty-five (45) days nor more than sixty (6D) days from the time such vacancy is declared. In the case of a special election to fill the vacancy, there shall be no primary election. The candidate receiving the largest nwnber of vetes shall be declared the winner. The winner of said elections shall be qualified and take office inunediately upon certification by the board of carroass and shall fill the une�ared term. 2. If at any time the membership of the Council is recluced to less than four (4) members, the remaining members may, by unanimous action, appoint aciditional m�iUers to raise the membership to four (4). The order of filling vacancies by appointment shall be as follows: � A. If the terms vacant are for differen� lengths, the appoini�ent will be to the seat with the shortest remaining term. Page 3- Ordinance No. 857 i� r ,� `-,� `_ � B. If the terms vacant are of the same length, t1�e Council shall choose by lot which vacancy to fill by appointment. (Ref. Special Election 3/25/75, Ord. 776) 2.06. THE MAYOR. The Mayor shall be the presic3ing officer of the Council, except that a president gro 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 Fiayor shall vote as a m�nber of the Council. The Mayor shall exercise all powers and perform all duties conferre�, and imposed by tktis Charter, the ordinances of the City and the laws of the State. The Nayor shall be recognized as the official head of the City for «11 ceremonial purposes, by the courts for the purpose of sexv�ng civil process, and by thE Governor for the purposes of niartial law. The Mayor shall study the operations of the City goverrnnent and shall reFort to the Council any neglect, dereliction of a'uty, or waste on the Fart of any officer or de�xrtment of the City. In time of public danger or energency the Niayor may, with the Council's consent, take command of the police, maintain order and enforce the law. 2.07. SALARIF.S AND EXPENSFS. The Mayor anfi each Councilmember shall receive each year reasonable remuneration or salary, the amount and payment of which shall he prescribed by ordinance duly adopted on or before Novenber lst of the year precediny Fayment � of the same. Until the first such ordinance is duly adopted, the Mayor and each member of the Council shall receive such salaries and compensaticns as were received by the [�7ayor and Councilmenbers of the Village of Fricll ey. When authorized by the Council, its members shall be remuneratec3 for their reasonable expenses inwrred in connection with the City's business. The City Manager and all subordinate officers and employees of the City shall receive such reasonable compensation as may be fixed by the Council. 3.01. COUNCIL MEETINGS. On the first official business day iri January followiny a regular municipal election, the Council shall meet at the City Hall at the usual time for the holding of Council meetings. At this time, the newly elected mer4ibers of the Council shall asstune their duties. Thereafter the Council shall meet at such times as may be prescribed by resolution, except that they shall meet at a fixed time not less than once each 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 menber or kae left at the meml�er'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 tl�e Council at a special meeting shall constitute a waiver of any formal notice unless the meiiber appears for the special purpose of ob7ectiny to the holding of such meeting. The Council may provide by ordinance a means by which a � minority may conipel the attenciance of absent members. All meetings of the Council shall be public and any person shall have access to the minutes Page 4- Ordinance No. 857 `� .' .�. ' and recorcis thereof at all reasonable times. The Mayor and each Councilmenber shall have one (1) vote. (Ref. Special Election 4/12/60) 4.01. GII�'CtAi, ELE(,TION LAWS 'in APPLY. Except as hereinafter provided, the general laws of the State of P9innesota �rtaining to registration of eligible voters and the conduct of primary and general elections shall apply for all m�icig�l electians of such off icers as are specified in this Charter. The Council shall, throuqh ordinances duly adopted in compliance with such state laws and this Charter, ado�t suitable and necessary regulations for the conduct of such elections. 4.06. IJJMIIIATIONS BY PEPITION. The mode of mm�ination of all elective officers provided for by this Charter shall be by petition. The name of any eligible voter of the City shall be 'printed upon the ballot whenever a petition as hereir.after prescribed shall have been filed in that person's behalf with the City Clerk. Such petition shall be signed by at least ten (10) registErec� voters qualified to vote for the office in question. No elector shall siqn petitions for more candidates than the nwnber of offices to be filled at the election. Should such a case occur, the signature shall be void as to the petition or �,etitions last filed. All nanination �ietitions shall be in the hands of the City Clerk not more than one hundred thirty (130) days nor less than one himdrec7 (100) days before the general election at which time the f ilings shall be closed. Tl�e City Clerk ' shall preg�re the ballots with names of the candidates for an office in a manner to be provided by ordinance. Each petition, when presentec�, must be accompanied 6y a five dollar ($5.00) filing fee. (Ref. S�ecial Election 4/12/60, General Election 11/3/64, Ord. 825) 4.07. AAMII�ITION PETITIONS. The sic�atures to the nanination petition need not all be appended to one (1) paper, but to each se�rate g�per there shall be attachecl an affidavit of the circulator thereof stating the nLUnber of sic�ers of such gaper and thdt each signature appended thereto was made in the circulator's presence and is the genuine signature of the person whose name it gurports to be. With each signature shall be stateo the place of resiclence of the signer, giving the street and nimiber or other c3escnption sufficient to identify the same. The nominee shall indicate by an endorsement upon the �etition accegtance of the office if elected thereto. The form of the nomir�ation petition shall be substantially as follvws: NOMINATION PETITION We, the undersigned, registered voters of the City of Fridley, hereby ncminate . . . , whose resic7ence is . . . . , for the office of . . . , to be vote� for at the election to be held on the .... day of ... ., 19 ..; and we individually certify that we are reyistered voters and that we have not signed more n�nination petitions of candidates for this office than there are �:ersons � to be elected thereto. � � 1 Page 5— Ordinance No. 857 �"+ '� Name Street and Ntnnber . . . . . . . . . . .�.�.�., being duly sworn, deposes ana saps, "I arn the circulator of the foregoing petition paper contaimng signatures and that the signatures appended thereto were mane in my presence and are the genuine signatures of the persons whose names they pur�ort to be." . . . . . . . . . . . . . . . . . Subscribed and sworn to before me this . . . . . day of . . . . , 19 . . This petition, if found insufficient by the City Clerk, shall be returned to . . . . . . , at Plimber . . . . . . . Street. I hereby inclicate my willin�ess to accept the office of ..... if duly elected thereto. 5.01. POWERS RFSERVED BY THE PEOPLE. The people of the City of Fridley reserve to themselves the power, in accordance with the provisions of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or a�thorizing the levy of ta xes, to require such an ordinance when p�ssed by the Council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the �.mtiative, the referendum, ana the recall, respectively. 5.03. FtJRTHIIt RDGiJLATIONS. 2. A petition uncier this Charter shall be f iled in the office of the City Clerk as one (1) instriunent, which instrinnent shall contain any instrument required, a coP3 of any orcunance proposed, covered or affected, any other cbcument (appropriate to the petition) and all the signature papers and affidavits attached in support of the same. A petition may be signed by any registered voter. A petition can be circulatea and verified only by a registered voter who has signed the same. All the siynatures on any petition need not be on one (1) sic��ature �per. The circulator of every paper shall 6e verified as the circulator of the same by attached affioiavit which states that each signature was signed in the circuldtor's presence and is of the person that the sa�e purports to be and that each siqner was affirmed as a registered voter at the residence stateci thereon. Any �,a�,er lacking such affidavit or verified by an affidavit false and untrue is insufficient and void of effect. (Ref. Ord. 625) 5.04. INITIATION OF MEASURFS. Any five (5) registered voters may form themselves into a committee for the initiation of any ordinance except as provided in Section 5.01. Before circulating any petition they shall file a verified copy of their proposed ordinance with the City Clerk together with their names and � ' � Page 6- Ordinance No. 857 addresses as members of such coirnnittee. They shall also attach a verified copy of the proposed ordinance to each of the signature papers herein described, together with their names and addresses as sFonsors thereof. 5.05. FURM OF PETITION AND OF SIGI�.TURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, together with all the signature Fapers and affidavits thereto atta ched. Such petition shall not be complete unless sic�ed by at least ten peroent (10%) af the total nwnber of registered voters as of January lst of that year. Each signature g�per shall be in substantially the follaving form: INITIATIVE PETITION Proposing an ordinance to . ... ..(statir.g the purpose of the ordinance), a cog3 of which ordinance is hereto attached. This ordinance is sponsored by the follaaing committee of registered voters: Name 1 . . . . . . . . . . . . . 2 . ............ 3 . ............ 4 . . . . . . . . . . . . . 5 . . . . . . . . . . . . . Address The undersigned registered voters, understanainy the terms and the nature of the ordtnance hereto attached, petition the Council for its adoption, or, in lieu thereof, for its sutmission to the electorate for their approval. Name 1. . . . . . . . . . . . 2. . . . . . . . . . . . 3. . . . . . . . . . . . Addrees At the end of the list of signatures shall be a�pended the affidavit of the circulator mentioned above. (Ref. Ord. 625) 5.06. FILING OF PETITIONS ADID ACPION 7HII2EON. Within five (S) days after the f�ling of the petition, the City Clerk shall ascertain by e�vrunation the ntnnber of sicp�atures apFended thereto anG whether this niunber is at least ten percent (10�) of the total niunber of registered voters, as of January lst of that year. If the City Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more of the committee of sponsors of that fact, certifying the reasons for the insufficiency or irregularity. The comiruttee shall then be given thirty (30) days in which to file additional signature �a�ers and to correct the petition in all other p�rticulars. If at the end of that period the petition is found to be still insufficient or irregular, the petition shall be f iled in f* ^ 'Q Page 7- Ordinance No. 857 � the City Clerk's office. The City Clerk shall notify each meriber of the committee of that fact. (Ref. Ord. 625) 5.07. ACP7AN OF THE OOUNCII, OAI PETITIONS. When the petition is found to be sufficient, the City C1erk shall so certify to the Council at its ne�;t meeting, stating the ntmiL�er of petitioners and the percentage of the total niunber of registered voters which they oonstitute, ana the Council shall at once read the ordinance and ref er it to an appropriate committee, which may be a committee of the whole. The committee or Council shall thereupon provide for public hearings upon the orc7inance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty-five (65) days after the d7te uFon which it was submitted to the Council by the City Clerk. If the Council fails to pass the proposec3 ordinance, or passes it in a form different from that set forth in the petition ana unsatisfactory to the petitioner, the proposed ordinance shall be submitted by the Council to the electorate at the next regular munici�l election; but if the ntnnber of sic�ers of the petition is equal to at least fifteen percent (15�) of the total number of registerec� voters, the Council shall call a special election upon the measure. Such special election shall be held not less than thirty (30) nor more than forty-five (45) days from the date of final action on the ordinance by the Council or after the exFiration of sixty-five (65) days fran the date of suYxnission to the Council when there has been no final action; but if a regular election is to occur within three (3) months, the Council may sutxnit the ordinance at that election. If the � Couneil �sses the proposed orc3inance with amenc3nents and at least four-fifths (4/5) of the oommittee of petitioners do not express their dissatisfaction with such amended form by a statsnent filed wrth the City Clerk within ten (10) days of the �ssage thereof by the Council, the ordinance need not be submitte& to the electorate. 5.08. INITIATIVE BALLOTS. The ballots used when voting upon such proposed ordinance shall state the substance of the ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question of adoption. If a ma�ority of those voting on any such ordinance vote in favor of it, it shall thereupon became an ordinance of the City. Any nimiber of proposea ordinances may be votea upan at the same election but the voter shall be allaaed to vote for or against each seFarately. In the case of inconsistency between two (2) or more initiative ordinances approved by the voters, the ordinances shall not go into effect tmtil the City Council has had sixty (60) days to resolve the inconsiste�cies. (Ref. Ord. 625} 1 ' I • � • M� �_' 4�C : 417i+1141 �M4. Nothing in this Charter shall be construed as ir.any way affecting the right of the eligible voters under the Constitution and Statutes of Minnesota to proFose amendnents to this Charter. � f� �., �d � � � Page 8- Orci�.nance No. 857 {��� 5.10. 74iE RF�FERIIdWM. If prior to the date when an ordinance takes effECt a petitian signed by at least fifteen percent (15�) of the registered voters as ot Januaxy lst of that year request that any such ordinance be repealed or be submitted to a vate of the electors, the ordinance shall thereby be prevented from going into operation. The Council shall thereupon reoonsic3er the ordinance at its next regular meeting, and either repeal it or by aye and no vote re-affirm its aa'herence to the ordinance as passed. In the lattex case tk�e Council shall immediately otder a special election to be held thereon, or submit the ordinance at the next regular municip3l election, �ending which the orclinance shall renain suspended. If a majority of those voting is opposed ta the ordinance, it shall not become effective; but if a ma�ority of these voting favors the ordinance, it shall go into effect immediately or on the date therein specified. 5.11. REE�RII�ID[IM PETITIONS, uF�a�nnxiM PETITION Proposing the repeal of an ordinance to (statiny the purpose of tl�e ordinance), a co� of which ordinance is hereto attached. The proposecl re�eal is sponsored by the follaaing cmranittee of registered voters: Name 1 . . . . . . . . . . . . . 3 . . . . . . . . . . . . . 4 . . . . . . . . . . . . . 5 . . . . . . . . . . . . . Address The undersi�ed registered voters, understanchng the nature of the ordinance hereto attached and believing it to be detrimental to the welfare of the City, petition the Council for its sutmission to the electorate for their approval or disapproval. Name 1 . . . . . . . . . . . . . 2 . . . . . . . . . . . . . 3 . . . . . . . . . . . . . 5.13. 7SiE RE(21I�L. Address Any five (5) registered voters may form thenselves into a committee f or the purpose of bringing about the recall of any elected officer of the City in accordance with procedures established in Section 5.03. The committee shall oertify to the City Clerk the name of the officer whose removal is sought, a statement of the grounds for renoval in not more than two hundred fifty (250) words, and their intention to briny about the � ' � Page 9- Ordinance No. 857 recall. A copy of this certificate shall tre attached to each sicy�ature paper and no signature paper shall be gut into circulation previous to such certification. (Ref. Ord. 625) 5.14. REX'1�LL PETITIONS. REQII,L PETPPION Proposing the recall ot . . . . . from oL-fice as . . . . . which recall is sought for the reasons set�forth in the attached certificate. This movement is sponsored by the follaaing committee of registered voters: Name 1 . . . . . . . . . . . . . 2 . . . . . . . . . . . . . 3 . . . . . . . . . . . . . 4 . ............ 5 . . . . . . . . . . . . . Adaress The undersic�ed registered voters, understanding the nature of the charges against the officer herein sought to be recalled, desire the holding of a recall election for that purpose. Name 1. . . . . . . . . . . . 3. . . . . . . . . . . . Address At the Pnd of the list of signatuxes shall be appendec3 the affidavit of the circulator. (Ref. Ord. 625) 5.15. FII,ING OF PETITION. Within thirty (30) days after the f iling of the original certificate, the committee shall fil.e the completed petition in the Office of the City Clerk. The City Clerk shall examine the petition within the next f ive (5) days, and if the City Clerk finc3s it irregular in any way, or fir.ds that the number of signers is less than twenty-five (25) percent of the total number of registered voters of the Ward or City represented by the office holder, the City C1erk shall so notify one (1) or more rnembers of the committee. The committee shall then be given ten (10) days in which to file additional signature p�pers and to correct the petition in all other respects, but they may not change the statenent of the grounds upon which the recall is sought. If at the end of that time the City Clerk finds the petition still insufficient or irregular, all the meznbers of the cosunittee shall be notified to that effect and the petition shall be f�led in the City Clerk's office. No further action shall be taken thereon. ���� Page 10 - Ordinance No. 857 � 5.17. PItOC�IXJRE AT RE(�,L�L ELECTION. The Clerk shall include with the published notice of the election the statement ot the grounds for the recall and also, in not more than five hundred (500) words, the answer o� the officer ooncerned in �ustification of the course in office. Candidates to succeed the officer to be recalled shall be nominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municiFal elections. 5.18. E1�RM OF RECALL BAi,I�O'i'. Unless the officer whose ranoval is sought resigns within ten (10) c]ays after the receipt by the Council of the completec7 recall petition, the form of the ballot at such election shall be: "Shall . ... be recalled?", the name of the officer whose recall is sought being inserted in the blank, and those voting shall be permitted to vote separately "Yes" or "No" upon this question. The Lx�llot shall also contain names of the canaic7ates to be voter7 upon to f�ll the vacancy, in case the recall is successful, under the caption: "Candidates to fill the place of . .. .. ., if recalled"; but the officer whose recall is sought shall.not be a candidate upon such ballot. If a majority of those voting on the questiion of recall vote in favor of recall� the official shall be thereby renwed froir� offiae, and the candidate who receives the highest number of votes shall be electea thereto £or the r�nainder of the unexpired term. If the officer sauyht to be recalled resigns within ten (10) days after the receipt by the Council of tYie completeG recall ' petition, the foxm of kx�llot at the election shall be the same, as nearly as possible, as the form in use at a regular munici�l election. 6.01. THE CITY MANAGER. RY�e City Manager shall be the Chief Ac3nimstrative Officer of the City, and shall be chosen by the Council solely on the basis of training, e�rperience and ac�ninistrative qualifications. The choice shall not be limited to inhahitants of the City or State but shall be limited to a citizen of the United States. The City Manager shall be appointed for an indefinite period and shall be removable by the Council at any regularly schea'uleo� meeting provided at least three (3) merdiers of the Council vote for the renoval. (Ref. Ord. 790) 6.02. PONIERS ADID DUTIES OF THE CITY MANFGER. (e) To atteno� all meetings of the Council, with the riyht to take p�rt in the discussions but having no vote; but the Council may at its discretion exclude the City Manager from meetings at which the City Dlanager's renoval is considered; (f) To reoommend to the Council for adoptian such measures as may be cleemed necessary for the welfare of the people and the efficient arnumstration of the City's affairs; ' � .a � Page 11 - Ordinance No. 857 �� � � ' (h) To perform such other duties as may be prescribed by this Charter or required by ordinances or resolutions adopted by the Council. (Ref. Ord. 790) 6.04. SUBORDINATE OFFICEZtS. There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordtnate to the City Manager as the Council may provide for by ordinance(s). The City Clerk shall be sub�ect to the direction of the City Manager and shall have such duties in connection with kee�inq of the public records, the custody and disbursement of the public funcis, and the general ac3ninistration of the City's affairs as shall be ordained by the Council. The City Clerk may be desic�ated to act as Secretary of the Council. The Council may by ordinance abolish offices which have been created by ordinance and it may combine the duties of various offices as it may see fit. (Ref. Ord. 625, 790) 7.06. ENFCJRCEN�PP OF THE BUDGET. It shall be the duty of the City Manager to enforce strictly the provisions of the budget. The City N�anager shall not agprove any order upon the City Treasurer for any expenditure unless an appropriation has been made in the budget, nor for any expenditure covered by the budget unless there is� sufficient unencumbered balance left after cleducting the total past expenditures and the siun of all outstanding orders and encumbrances. No ' officer or �nployee of the City shall place any orders or make any purchases except for the purposes and to the amounts authorized in the budget. Any obligation incurred by any person in the employ of the City for ar�y purpose not authorized in the budget or for any amount in excess of the amount therein authorized shall be a personal obligatian upon the person incurring the expenditure. 7.14. ACCOIIbfPS AND REPOIrI.'S. The City Manager shall be the Chief Accounting Off icer of the City artd of every branch thereof, and the Council may prescribe and enforce proper accounting methods, forms, blanks, and other cievices consistent with the law, this Charter and the ordinances in accord with it. The City �anager shall submit to the Council a statanent each month showing the amount of money in the custody of the City Treasurer, the status of all funds, the amount spent or chargeahle 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 de�itment of the State authorized to make examination of the affairs of munici�lities. On or before the first day of April in each year the City Manager shall pre�re a complete financial statenent in form approved by the Council of the City's financial operations for the preceding calentlar year, and quarter, which stateuent may be published in such manrer as the Council may c7irect and a slmunary thereof shall be published in the official newspaper � on or before the third week in April, July, October and January as appropriate. (Ref. Ord. 625) ' ' � Page 12 - Ordinance No. 857 Q?'4 ;�� 7.15. B(R�IDED I�BT AND DEBT LIMIT. 2. The Council by a vote of at least four (4) of its members may authorize the issuance of the bonds to �rovide funds for any public purpose not prohibited by l�a, or may in its discretion, by a ma�ority vote of all of its menbers sutmit to the Electorate proFiositions for the issuance of such bonds. When such a proposition is sutanitted to the electorate, no bonds or other term obligations of the City may be issued except pursuant to a favorable vote of a ma�ority of those voting on the proposition of their issuance. By the proceedings for the issuance of any bonds, by the terms oi the bonds and by agreements with the purchasers of bonds, thEy nr�y be made special in character and l�rutecl in their �yment to earnings or to part earnings and part tax ftmds. To the extent that they are thus �yable out of earnings or other than tax ftmds, such bonds shall not be paid out of taxes. The total bonded ciebt of the City at the time of the issuance of any bonds shall not exceed ten percent (10�) of the last assessed valuation of the taxable property thereiri, or the lunit authorized by State law for cities of the same class, whichever is the qreater, but in computing the total bonded debt, certificates of indebte�ess, bonds, warrants or other obligations issued before or after adoption of this Charter shall not be included or counted if (1) held irx a sinking fund maintained by the City; or (2) issued for the acquisition, equi�xnent, purchase, construction, maintenance, extension, enl«rgement or improvanent of street railways, telegraph or tele�%hone lines, water, lighting, heat and power plants, or either, or any other �lic convenience from which a revenue is or may be derived, owned and operated by the City, or the acquisition of property needed in connection therewith, or for the construction of public drainage ditches, storm and sanitary sewers, or for the aoquisition of lands for streets, �rks, or other public improvements or for the improvenent thereof, to the extent that they are payable from the proceeds of assessnents levied upon property especially benefited by such unprovenents; or (3) issued for the creation of maintenance of a permanent improvement revolving fund; or (4) for the purpose of anticipatiny the collection oi general taxes for the year in which issued. 7.16. FORM AND REPAYMEN'P OF BONID6. No bonds shall be issued to run for longer than the reasonable life e�ectancy 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 divertea to any other purpose. It shall be the duty of the City Manager to include in the budget estimates each year a s�an or stmis amply sufficient to �y the princi�l of, and the interest on, any bonds which are to fall due in the coming fiscal year, and anotl�er sum sufficient to pay the interest for the same year on the bonds which will be still outstanding. It shall kae the duty of the Council, enforceable by mandamus upon the suit of any bondholder or taxpayer, to include such stun or siuns as may be necessary for this purpose in the annual budget which it �sses. Page 13 - Ordinance No. 857 �;�i t� , 11.06. PUBLIC UTII,ITY, IK�7 9�,D. No public utility aaned by the City, whether aa�uireci prior to the adoption of - this Charter or thereafter, 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 be enibodied in an ordinance gassed by an affixmative vote of at least four (4) members of the Council, and submitted to the electorate at a general or special election and approved by at least sixty (60) percent of those voting thereon. 11.07. PYJNICIPAL UTII,ITY ORL',1fNIZATIONS. 1. The Council by ma�ority vote may provide for the establishment of a separate de�artment to ac3ninister the utility function, including the regulation of privately owned and operate� utilities and the operation of mtmici�xlly aaned utilities. Such department shall keep se�n rate f inancial and accounting reoords for each munici�lly owned anc3 operate6 utility and prior to the first day of each fiscal year shall prepare a comprehensive reFiort of each utility in accordance with the City f�ianager's Specifications. 12.03. OATH OF OFFICE. E,Very officer of the City shall, before Entering upon the duties of the office, take and subscribe an oath of office in substantially the following ' form: "I do sola�inly swear (or affirm) to support the Constitution of the United States and of the State of Plinnesota and to discharge faithfully the duties devolving upon me as (Mayor, or Councilmenber, or City Manager, etc.) of this City to the best of my �udgement an� ability." 12.04. CITY OFFICERS IaYP TO ACCEPP FAVORS OR QONTRACTS. No meniber of the City Council or employee of the City shall solicit or receive any �xy, �mmission, money, thing of value, or derive any �rofit, directly or indirectly, from or by reason of, any improvement, alteration or repair required by authority of the City, or any a�ntract to which the City shall be a party, except lawful oompensation, includiny authorized expenditures, or salary as such menber of the City Council or as such anployee. No member of the City Council or employee of the City, except as otherwise provided in this Charter, or by l�v, shall solicit, accept or reoeive, cllrectly or indirectly, from any public utilrty corporation or the owner of any public utility or franchise, any Fass, frank, free ticket, free service, or any other favor, upon terms more favorable than those granted the �ublic aenerally. A violation of any of the provisions of this Section shall disqualify the offender, if found guilty, fr�n continuing in office or in the employment of the City, and the offender shall be r�noved therefrom. Any contract with the City in which any member of the City Council or employee of the City is, or becomes, ch rectly or indirectly interested personally 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 �oint or several action. Page 14 - Ordinance No. 857 ^- �1 ,, , � ' 12.05. OFFICIAL BONDS. The offices of City Manager, the City Clerk and City Treasurer and such other off icers or ettployees of the City, as may be provided for by ordirance, shall each, before entering upon the duties of their respective offices or anployment, 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 boncis shall be approved by the City Council and approved as to form by the City Attorney. They shall be filed with the Secretary of the Council. In the event the Secretary of the Council holds more than one (1) office by appointment, the Secretaty's bond or bonds shall be filed with the t+layor. The provisions of the laws of the State rel�ting to official bonos, not inconsistent with this Charter, shall be complied with. The �remiums on the mrporate surety bonds hereinbefore provided for shall be �zid by the City. PASSED AND ALOFPED BY THE CITY �UNCIL OF THE CITY OF FRIIY,EY THIS 16TH IY1Y OF JUNE, 1986 ATTEST : � ���� �- �i���e� �� �� - � �� Public Hearing: May 19, 1986 First Reading: June 2, 1986 Sewnd Reading: June 16, 1986 Publish: June 23, 1986 �I I� a �i , ,r ! ' ( � / � � , �- ��° t.'�,•'�,�{��,,w r'` ''`-' WII,L1Pk'i J. NEE - �� R a r;