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HomeMy WebLinkAboutOrdinance 1086ORDINANCE NO. ]086 BEING AN ORDINANCE AMENDING CHAPTER 2, SECTION 7; CHAPTER 2, SECTION 8; CHAPTER 2, SECTION 9; CHAPTER 2, SECTION 10; CHAPTER 2, SECTION 11; CHAPTER 2, SECTION 12; CHAPTER 2, SECTION 13; CHAPTER 3, SECTION 22; CHAPTER 3, SECTION O; CHAPTER 4, SECTION ~B; CHAPTER 5, SECTION 40; CHAPTER 5, SECTION 47; CHAPTER 5, SECTION 48; CHAPTER 5, SECTION 49, CHAPTER 5, SECTION 51, CHAPTER 5, SECTION 52; CHAPTER 6, SECTION 53; CHAPTER 6, SECTION 55; CHAPTER 7, SECTION 70, CHAPTER 7, SECTION 73; CHAPTER 8, SECTION 80; CHAPTER 8, SECTION 82 OF THE CHARTER OF THE CITY OF COLUMBIA HEIGHTS. The City of Columbia Heights does ordain: Section 1 Chapter 2, Section 7 of the Charter of the City of Columbia Heights which reads as follows: ELECTIVE OFFICERS. The council shall be composed of a mayor and four councilmen who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four councilmen shall serve for a term of four years and until their successors are elected and qualified, except that at the first election held after the adoption of this charter, the two candidates having the highest number of votes shall serve for four years, and the two candidates having the next highest number of votes shall serve for two years. The mayor shall serve for a term of two years and until his successor is elected and qualified. The council shall be judge of the election of the mayor and councilmen. shall be amended to read as follows: ELECTIVE OFFICERS. The council shall be composed of a mayor and four council members who shall be qualified electors, and who shall be elected at large in the manner hereinafter provided. The four council members shall serve for a term of four years and until their successors are elected and qualified, except that at the first election held after the adoption of this charter, the two candidates having the highest number of votes shall serve for four years, and the two candidates having the next highest number of votes shall serve for two years. The mayor sba/1 serve for a term of two years and until a successor is elected and qualified. The council shall be judge of the election of the mayor and council members. Section 2 Chapter 2, Section 8 of the Charter of the City of Columbia Heights which reads as follows: INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of his term as councilman no former member shall be appointed to any paid office or employment under the city which office or employment was .created or the emoluments of which were increased during his term as councilman. shall be amended to read as follows: INCOMPATIBLE OFFICES. No member of the council shall hold any paid municipal office or employment under the City of Columbia Heights, and until one year after the expiration of that member's term as council member no former member shall be appointed to any paid office or employment under the city which office or employment was created or the emoluments of which were increased during that member's term. Section 3 Chapter 2, Section 9 of the Charter of the City of Columbia Heights which reads as follows: VACANCIES IN TEE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city, continuous absence from the city for more than three months, or conviction of a felony of any such person whether before or after his qualification, or by reason of the failure of any councilman without good cause to perform any of the duties of membership in the council for a period of three months. In each such case, the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office shall be filled for the unexpired term; provided that any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. shall be amended to read as follows: VACANCIES IN TEE COUNCIL. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the date of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city, continuous absence from the city for more than three months, or conviction of a felony of any such person whether before or after qualification, or by reason of the failure of any council member without good cause to perform any of the duties of membership in the council for a period of three months. In each such case, the council shall by resolution declare such vacancy to exist and shall forthwith appoint an eligible person to fill the same until the next regular municipal election, when the office Shall be filled for the unexpired term; provided that any vacancy resulting from a recall election or from a resignation following the filing of a recall petition shall be filled in the manner provided in such case. Section 4 Chapter 2, Section 10 of the Charter of the City of Columbia Heights which reads as follows: THE MAYOR. The mayor shall be the presiding officer of the council, except that a president pro tempore shall be chosen who shall serve as president in the mayor's absence. The mayor shall exercise all powers and perform all duties conferred and imposed upon him by this charter, the ordinances of the city, and the laws of the state. He shall have the appointment, control and direction of all police officers of the city. He shall be recognized as the official head of the city of all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purpose of the military law. In the event of a vacancy in the office of the 2 mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except that in the case of a recall, the vacancy shall be filled in the manner provided by this charter. shall be amended to read as follows: TEE MAYOR. The mayor shall be the presidi~ officer of the council, except that a president pro tempore shall be chosen who shall serve as president in the mayor's absence. The mayor shall exercise all powers and perform all duties conferred and imposed upon the mayor by this charter, the ordinances of the city, and the laws of the state. The mayor shall have the appointment, control and direction of all police officers of the city, and shall be recognized as the official head of the city of all ceremonial purposes, by the courts for the purpose of serving civil processes, and by the governor for the purpose of the military law. In the event of a vacancy in the office of the mayor, whether by death, resignation, or any other cause, the council shall order a special election to fill the vacancy for the unexpired term except that in the case of a recall, the vacancy shall be filled in the manner provided by this charter. Section 5 Chapter 2, Section 11 of the Charter of the City of Columbia Heights which reads as follows: THE CITY NANAGER. The city manager shall be the chief administrative officer of the city. He shall be chosen by the council solely on the basis of his executive and administrative qualifications and the choice shall not be limited to inhabitants of the city or state. The city manager shall be appointed for an indefinite period and he shall be removable by the council at any time. If removed at any time after one year of service, he may demand written charges. Such demand shall be in writing and shall be served upon the mayor or any member of the council within one week after the date of the resolution of the city council suspending or removing him and written charges shall be served upon the city manager within fifteen days after the service of such demand upon the mayor or any member of the council and public hearing shall be had on said charges before the city coucil within thirty days after the service of such charges, but the city council and the city manager may consent to a hearing on said charges at a later date, but the removal of the city manager shall not take effect until such hearing shall have been held, but pending such hearing the city council may suspend the city manager from office. During the absence or disability of the city manager, the duties of his office shall be performed by some properly Qualified person designated by the council. shall be amended to read as follows: TEE CITY NANAGER. The city manager shall be the chief administrative officer of the city. The city manager shall be chosen by the council solely on the basis of executive and administrative qualifications and the choice shall not be limited to inhabitants of the city or state. The city manager shall be appointed for an indefinite period and shall be removable by the council at any time. If removed at any time after one year of service, such person may demand written charges. Such demand shall be in writing and shall be served upon the mayor or any member of the council within one week after the date of the resolution of suspension or removal and written charges shall be served upon the city manager within fifteen days after the service of such demand upon the mayor or any member of the council and public hearing shall be had on said charges before the city coucil within thirty days after the service of such charges, but the city council and the city manager may consent to a hearing on said charges at a later date, but the removal of the city manager shall not take effect until such hearing shall have been held, but pending such hearing the city council may suspend the city manager from office. During the absence or disability of the city manager, the duties of that office shall be performed by some properly qualified person designated by the council. Section 6 Chapter 2, Section 12 of the Charter of the City of Columbia Heights which reads as follows: OATH OF OFFICE. Every officer of the city shall, before entering upon the duties of his office, take and subscribe an oath of office in substantially the following form: I do solemnly swear (or affirm) to support the constitution of the United States and of this stats, and to discharge faithfully the duties devolving upon me as of this city to the best of my judgment and ability. shall be amended to read as follows: OATH OF OFFICE. Every officer of the city shall, before entering upon the duties of office, take and subscribe an oath of office in eubstantially the following form: I do solemnly swear (or affirm) to support the constitution of the United States and of this state, and to discharge faithfully the duties devolving upon me as of this city to the best of my judgment and ability. Section 7 Chapter 2, Section 13 of the Charter of the City of Columbia Heights which reads as follows: SALARIES: The Mayor shall receive a salary of Twenty-Five Dollars ($25.00) per month, and the Councilmen shall each receive a salary of Fifteen Dollars ($15.00) per month and in addition thereto when the Council meets as a Board of Equalization, the members shall receive not to exceed One Dollar ($1.00) per hour. The City Manager and all subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by Resolution of the council. shall be amended to read as follows: SALARIES: The Mayor shall receive a salary of Twenty-Five Dollars ($25.00) per month, and the Council members shall each receive a salary of Fifteen Dollars ($15.00) per month and in addition thereto when the Council meets as a Board of Equalization, the members shall receive not to exceed One Dollar ($1.00) per hour. The City Manager and all subordinate officers and employees of the City shall receive such salaries or wages as may be fixed by Resolution of the council. Section 8 Chapter ~, Section 22 of the Charter of the City of Columbia Heights which reads as follows: SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the council shall be signed by the mayor or by 4 two other members, and shall be filed with the secretary of the council within two days and by him recorded and preserved. Every ordinance and resolution shall be published at least once in the official paper of the city within fifteen days after its passage by the council, or in lieu thereof may be posted on bulletin boards as in this charter provided, and shall be recorded in a book kept for that purpose, which record shall be attested by the secretary of the council; provided that the publication of resolutions not involving the expenditure of money may be dispensed with if so ordered by the council. shall be amended to read as follows: SIGNING AND PUBLICATION OF ORDINANCES AND RESOLUTIONS. Every ordinance or resolution passed by the council shall be signed by the mayor or by two other members, and shall be filed with the secretary of the council within two days and by the secretary recorded and preserved. Every ordinance and resolution shall be published at least once in the official paper of the city within fifteen days after its passage by the council, or in lieu thereof may be posted on bulletin boards as in this charter provided, and shall be recorded in s book kept for that purpose, which record shall be attested by the secretary of the council; provided that the publication of resolutions not involving the expenditure of money may be dispensed with if so ordered by the council. Section 9 Chapter 3, Section 27 of the Charter of the City of Columbia Heights which reads as follows: INTERFERENCES WITH ADMINISTRATION. Neither the council nor any of its committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent him from exercising his own judgment in the appointment of officers and employees in the administrative service, but this shall not be construed to prohibit the council from passing ordinances for establishing the merit system. Except for the purpose of inquiry the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. shall be amended to read as follows: INTERFERENCES ¥ITH ADMINISTRATION. Neither the council nor any of its committees or members shall dictate the appointment of any person to office or employment by the city manager, or in any manner interfere with the city manager or prevent the city manager from exercising judgment in the appointment of officers and employees in the administrative service, but this shall not be construed to prohibit the council from passing ordinances for establishing the merit system. Except for the purpose of inquiry the council and its members shall deal with the administrative service solely through the city manager, and neither the council nor any member thereof shall give orders to any of the subordinates of the city manager, either publicly or privately. Section ~O Chapter ¢, Section ~BA of the Charter of the City of Columbia Heights which reads as follows: TNE PRIMARY ELECTION. A primary municipal election shall be held twenty-one days before the regular municipal election in the year 1933 and biennually thereafter at the same place or places as general elections are held and like officials shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election and the candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number o£ vacancies to be filled, and no other name shall be placed upon the ballot for such general election than the candidates selected at said primary election. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the City clerk at least twenty-one days prior to said primary election a statement of such candidacy as follows: I, ( ), being first duly sworn, say that I reside at ( ) Street in the City of Columbia Heights, County of Anoka, State of Minnesota; That I am a qualified voter therein; That I am a candidate for nomination to the office of ( )~to be voted upon at the primary election on ( ) the ( ) day of ( ) 19~; and I hereby request that my name be printed upon the official primary election for said office. Signed Subscribed and sworn to before me this ( ) day of (), 19__. Signed Official Title and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give him a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received by him to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least one in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. shall be amended to read as follows: TEE PRIMARY ELECTION. A primary municipal election shall be held twenty-one days before the regular municipal election in the year 1933 and bienmmally thereafter at the same place or places as general elections are held and like officials shall preside at such elections. The purpose of such primary election shall be to select candidates to be voted for at the general municipal election and the candidates for nomination to each office who shall receive the greatest number of votes in such primary election shall be placed upon the ballot of the next general election in numbers not to exceed double the number of vacancies to be filled, and no other name ~hal! he placed upon the ballot for such general election than the candidateB selected at said primary election. Any person desiring to become a candidate for an elective office in the general municipal election shall file with the City clerk at least twenty-one days prior to said primary election a statement of such candidacy as follows: I, (), being first duly sworn, say that I reside at ( ) Street in the City of Columbia Heights, County of Anoka, State of Minnesota; That I am a qualified voter therein; That I am a candidate for nomination to the office of ( ) to be voted upon at the primary election on ( ) the ( ) day of ( ) 19__; and I hereby request that my name be printed upon the official primary election for said office. Signed Subscribed and sworn to before me this ( ) day of (), 19m. Signed Official Title and shall pay to the City Clerk the sum of Five Dollars for which the City Clerk shall give a receipt expressing the purpose of the payment. Such City Clerk shall forthwith pay all fees so received to the City Treasurer. Upon compliance with the provisions of this section the City Clerk shall place such name upon the primary election ballot as a candidate for the office named. At least fifteen days notice shall be given by the City Clerk of the time and place of holding such primary election and of the officers to be nominated, by posting a notice thereof in at least three of the most public places in each election district in the city or by publication of a notice thereof at least one in the official newspaper, or both, as the City Council may ordain, but failure to give such notice shall not invalidate such election. Section 11 Chapter 5, Section 40 of the Charter of the City of Columbia Heights which reads as follows: FILING OF PETITIONS AND ACTION THEREON. All the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination the number of electors whose signatures are appended thereto, and whether this number is at least twenty per cent of the total number of electors who cast their votes at the last preceding regular municipal election. If he finds the petition insufficient or irregular, he shall at once notify one or more of the committee of sponsors of that fact, certifying the reason for his finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same in his office and shall notify each member of the committee of the fact. The final fim~ing of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. shall be amended to read as follows: FILING OF PETITIONS AND ACTION T~E~EON. All the signature papers shall be held in the office of the city clerk as one instrument. Within five days after the filing of the petition the city shall ascertain by examination the number of electors whose signatures are appended thereto, and whether this number is at least twenty per cent of the total number of electors who cast their votes at the last preceding regular municipal election. If the city clerk finds the petition insufficient or irregular, the city clerk shall at once notify erie or more of the committee of sponsors of that fact, certifying the reason for such finding. The committee shall then be given thirty days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file the same and shall notify each member of the committee of the fact. The final finding of the insufficiency or irregularity of a petition shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the measure to the electors at the next regular or any special election, at its option. Section 12 Chapter 5, Section 47 of the Charter of the City of Columbia Heights which reads as follows: THE REOALL. Any five electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than two hundred and fifty words and their intention to bring about his recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification. shall be amended to read as follows: THE RECALL. Any five electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than two hundred and fifty words and their intention to bring about the recall. A copy of this certificate shall be attached to each signature paper and no signature paper shall be put into circulation previous to such certification. Section 13 Chapter 5, Section 48 of the Charter of the City of Columbia Heights which reads as follows: RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. All the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the geuuine signature of the permon whose name it purports to be. Each signature paper shall be substantiallly the followiug form: 8 RECALL PETITION proposing the recall of from his office as which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of electors: NAME ADDRESS The undersigned electors, understanding the nature of the charges against the officer herein sought to be recalled, desiring the holding of a recall election for that purpose: NAME ADDRESS At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. shall be amended to read as follows: RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city clerk together with all the signature papers and affidavits thereto attached. Ail the signatures need not be on one signature paper, but the circulator of every such paper shall make an affidavit that each signature appended to the paper is the gemuine ~ignature of the person whose name it purports to be. Each signature paper shall be substantiallly the following form: RECALL PETITION proposing the recall of from the office of which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of electors: NAME ADDRESS e The undersigned electors, understanding the nature of the charges against the officer herein sought to be recalled, desiring the holding of a recall election for that purpose: NAME ADDRESS e At the end of the list of signatures shall be appended the affidavit of the circulator, mentioned above. Section 14 Chapter 5, Section 49 of the Charter of the City of Columbia Heights which reads as follows: FILING OF PETITON. Within thirty days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the same within the next five days, and if he finds it irregalar in any way, or finds that the number of signers is less than twenty-five percent of the total number of electors who cast their votes at the last preceding regular municipal election, he shall so notify one or more members of the committee. The committee shall then be given ten days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement 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 he shall notify all of the members of the committee to that effect and shall file the petition in his office. No further action shall be taken thereon· shall be amended to read as follows: 10 FILING OF PETITON. Within thirty days after the filing of the original certificate, the committee shall file the completed petition in the office of the city clerk. The city clerk shall examine the same within the next five days, and if the city clerk finds it irregular in any way, or finds that the number of signers is less than twenty-five percent of the total number of electors who cast their votes at the last preceding regular municipal election, the city clerk shall so notify one or more members of the committee. The committee shall then be given ten days in which to file additional signature papers and to correct the petition in all other respects, but they may not change the statement 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 the city clerk shall notify all of the members of the committee to that effect and shall file the petition. No further action shall be taken thereon. Section 15 Chapter 5, Section 51 of the Charter of the City of Columbia Heights which reads as follows: PROCEDURE AT RECALL ELECTION. In the published call for the election, whether posted on bulletin boards or printed in the official paper, there shall be given the statement of the grounds for the recall and also, in not mo re than five hundred words, the answer of the officer concerned in justification of his course in office. Candidates to succeed the officer to be recalled shall be uominated in the usual way, and the election shall be conducted as far as possible, in accordance with the usual procedure in municipal elections. shall be amended to read as follows: PROCEDURE AT RECALL ELECTION. In the published call for the election, whether posted on bulletin boards or printed in the official paper, there shall be given the statement of the grounds for the recall and also, in not more than five hundred words, the answer of the officer concerned. 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 municipal elections. Section 16 Chapter 5, Section 52 of the Charter of the City of Columbia Heights which reads as follows: FORM OF RECALL BALLOT. Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of the ballot as such election shall be as near as may be: 'Shall A be recalled?' the name of the officer whose recall is sought being inserted in place of A, and the electors shall be permitted to vot separately 'Yes' or 'No' upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: 'Candidates to fill the place of A, if recalled.' But the officer whose recall is sought shall not himself be a candidate upon such ballot. In case a majority of those voting for and againm~ the recall of any official shall vote in favor of recalling such official, he shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for his place shall be elected thereto for the balance of the unexpired term. If the officer sought to be recalled shall 11 have resigned within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. shall be amended to read as follows: FORM OF RECALL BALLOT. Unless the officer whose removal is sought shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of the ballot as such election shall be as near as may be: 'Shall A be recalled?' the name of the officer whose recall is sought being inserted in place of A, and the electors shall be permitted to vote separately 'Yes' or 'No' upon this question. The ballot shall also contain the names of the candidates to be voted upon to fill the vacancy, in case the recall is successful, under the caption: 'Candidates to fill the place of A, if recalled.' But the officer whose recall is sought shall not be a candidate upon such ballot. In case a majority of those voting for and against the recall of any official shall vote in favor of recall, such official shall be thereby removed from office, and in that event the candidate who receives the highest number of votes for that office shall be elected thereto for the balance of the unexpired term. If the officer sought to be recalled shall have resigned within ten days after the receipt by the council of the completed recall petition, the form of ballot at the election shall be the same as nearly as may be, as the form in use at a regular municipal election. Section 17 Chapter 6, Section 53 of the Charter of the City of Columbia Heights which reads as follows: POWERS AND DUTIES OF THE CITY ~NAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs, except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. His powers and duties as city manager shall be: (a) To see that this charter and the la~s, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the department, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein provided; (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude him from meetings at which his removal is considered; (e) To recommend to the council for adoption such measures as he may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; 12 (g) To prepare and to submit to the council for adoption an administrative code incorporati~ the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of him by ordinances or resolutions adopted by the council. shall be amended to read as follows: POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this charter and any regulations consistent therewith which may be adopted by council, the city manager shall control and direct the administration of the city's affairs, except that the police department and the enforcement of the laws pertaining to said department shall be under the sole control of the mayor. The city manager's powers aud duties shall be: (a) To see that this charter and the laws, ordinances and resolutions of the city are enforced; (b) To appoint and, except as herein provided, remove the city clerk, all heads of departments, and all subordinate officers and employees in the department, all appointments to be upon merit and fitness alone; (c) To exercise control over all departments and divisions of the city administration created by this charter or which may be hereafter created by the council except as herein provided; (d) To attend all meetings of the council, with the right to take part in the discussions but having no vote; but the council may at its discretion exclude the city manager from meetings at which the city manager's removal is considered; (e) To recommend to the council for adoption such measures as the city manager may deem necessary for the welfare of the people and the efficient administration of the city's affairs; (f) To keep the council fully advised as to the financial condition and needs of the city, and to prepare and to submit to the council the annual budget; (g) To prepare and to submit to the council for adoption an administrative code incorporating the details of administrative procedure, and from time to time to suggest amendments to the same; and (h) To perform such other duties as may be prescribed by this charter or required of the city manager by ordinances or resolutions adopted by the council · Section 18 Chapter 6, Section 55 of the Charter of the City of Columbia Heights which reads as follows: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated 4o ao~ as ~ee~tar2 of th~ council, and he shall act as city treasurer until the council by ordinance otherwise provide. The Council may by ordinance abolish which have been created by ordinance, and it may combine the duties of various offices as it may see fit. 13 shall be amended to read as follows: SUBORDINATE OFFICERS. There shall be a city clerk and such other officers subordinate to the city manager as the council may create by ordinances passed by a four-fifths vote. The city clerk shall be subject to the direction of the city manager, and shall have such duties in connection with the keeping of the public records, the custody and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. The city clerk may be designated to act as secretary of the council and shall act as city treasurer until the council by ordinance otherwise provide. The Council may by ordinance abolish which have been created by ordinance, and it may combine the duties of various offices as it may see fit. Section 19 Chapter 7, Section 70 of the Charter of the City of Columbia Heights which reads as follows: RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All~ such moneys, and also all moneys received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from his office or position, as the council may determine after a hearing. shall be amended to read as follows: RECEIPTS TO GO TO CITY TREASURER. All receipts of money belonging to the city, or any branch thereof, excepting only those funds collected by the county treasurer, shall be paid into the city treasurer by the person authorized to receive the same at the close of each business day. All such moneys, and also all moneys received upon tax settlements from the county treasurer, shall be deposited as soon as received in the bank or banks approved by the city council. Any person in the employ of the city guilty of a violation of this provision shall be liable to be reduced in rank and salary or to be dismissed from office or position, as the council may determine after a hearing. Section 20 Chapter 7, Section 73 cf the Charter of the City of Columbia Heights which reads as follows: FORM AND REPAYMENT O~ BONDS. Bonds issued by the city may take the form either of term bonds or of serial bonds. In case of the issuance of any term bonds, it shall be the duty of the city manager to include in his estimates each year a sufficient sum, with a safe margin to spare, to set aside in a sinking fund for the repayment of the bonds at the end of the term, and another sum to pay the interest on the bonds for that year. In case of the issuance of serial bonds, it shall be his duty to include in his estimates each year a sum amply sufficient to pay the principal and interest on any bonds falling due that year, and another sum sufficient to pay the interest for that year on the bonds still outstanding. 14 shall be amended to read as follows: FORM AND REPAYMENT OF ~ONDS. Bonds issued by the city may take the form either of term bonds or of serial bonds. In case of the issuance of any term bonds, it shall be the duty of the city manager to include in the budget estimates each year a sufficient sum, with a safe margin to spare, to set aside in a sinking fund for the repayment of the bonds at the end of the term, and another sum to pay the interest on the bonds for that year. In case of the issuance of serial bonds, it shall be the city manager's duty to include in the budget estimates each year a sum amply sufficient to pay the principal and interest on any bonds falling due that year, and another sum sufficient to pay the interest for that year on the bonds still outstanding. Section 21 Chapter 8, Section 80 of the Charter of the City of Columbia Heights which reads as follows: TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or a special term, without pleadings other than as above stated. Upon such trial the appellant can make no other objections to the assessment than those stated in his notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce or confirm the assessmnt appeal from, or may order a new assessment to be made as to the property concerning which such appeal is taken, and in that event shall direct the council how to make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the Council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. shall be amended to reed as follows: TRIAL OF ASSESSMENT APPEAL. Such appeal shall be tried by the district court without a jury, at a general or a special term, without pleadings other than as above stated. Upon such trial the appellant can make no other objections to the assessment than those stated in the notice of appeal, but the court may, in its discretion, permit such notice to be amended in this respect at any time. The court shall hear such competent evidence as may be offered by either party, and may revise, correct, amend, reduce or confirm the assessment appeal from, or may order a new assessment to be made as to the property concerning which such appeal is taken, and in that event shall direct the council how to make such new assessment so as to avoid errors complained of. The assessment roll shall, when confirmed by the Council, in all cases, whether on an appeal, or otherwise, and in all courts, be prima facie evidence of the validity of all proceedings up to, and including the confirmation of the assessment. Disbursements, but no statutory costs, may, in the discretion of the district court, be allowed upon an appeal from assessments as in other civil cases, but the judgment entered therefore against the city shall be a separate judgment and paid out of the general fund of the city. From the determination of such appeal by the district court, either party may appeal to the supreme court of the state. Section 22 Chapter 8, Section 82 of the Charter of the City of Columbia Heights which reads as follows: PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against benefited property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which he deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the owners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall assess and levy such proportion or amount of such cost upon benefited property in proportion as it may deem the same benefited; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. shall be amended to read as follows: PLAN OF ASSESSMENTS. Whenever the council shall determine to make any local improvements, the cost of which may lawfully be assessed against benefited property, it shall determine and designate in a general way the character and extent of such improvement and the materials to be used, and thereupon it shall order a careful estimate to be made by the city manager of the cost of such improvements, together with a list of the several lots and parcels of land fronting upon and adjacent to such proposed improvement which the city manager deems benefited thereby, and the names of the owners of the several parcels, as nearly as can be ascertained. After receiving such estimates the council shall determine what property will be benefited by such local improvement, and shall thereupon publish in the manner provided by this charter a list of all such property, with the names of the o~ners so far as the same can be ascertained, or in lieu of such list, a designation of the benefited district by giving the boundaries thereof, together with a notice of the time and place when and where all persons interested may appear and be heard by the council with respect to benefits and to the proportion of the cost of the improvement to be assessed against their property. If the council determines to proceed with such improvement, it shall estimate and fix the cost thereof and shall assess and levy such proportion or amount of such cost upon benefited property in 16 proportion as it may deem the same benefited; and for such purpose shall adopt an assessment roll in such form as it may determine, and fix the time when payments may be made. The lien of such assessment shall attach to all property assessed as of date of adoption of the assessment roll by the council. Section 23: This ordinance shall be in full force and effect from and after ninety (90) days after its passage. First reading: May 14, 1984 Second reading: June 11, 1984 Date of passage: June )], )984 Offered By: PetkoFf Seconded By: Hov)and Roll Call: All ayes -Anhe StudenE, S~cr~ary to the Council Bruce Nawrocki, Mayor l?