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235051 � 2350�1 " ��R�GINAL TO GITY CLERK ; f_' 4, CITY OF ST. PAUL FOENCIL NO. _ :� �� OFFICE OF THE CITY CLERK U CIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONE � DATF Whereas, The Charter Commisaion has submitted to the City Council. a proposed amendment to the Charter of the City of Saint Paul, a copy of which is attached hereto and made a part hereof, theref ore; be it , " Resolved, That a special election is hereby ordered to be held, in the manner provided by law, in said City of Saint Paul, Minnesota, on the 5TM day of DEG�MBER 1967, for the purpose of submitting to the electors of said City the question of ratifying and adopting the proposed amendment to the Charter submitted by said Charter Commission; an d be it Further Resolved, That the special election sha,ll be held in the 160 Election Precincts of the 12 �ards of said City at the places named in the "List of Polling Places" on file in the Office of the City Clerk and Commissioner of Rggistration; azd be it Further Resolved, That for the f ollowing precincts the election shall .be held at the places designated outside their precinct boundaries in accordance with Section 203.08 of the Election Laws of the St at e of Minne s ota: Ward l, Prct. 3 - Our Redeemer Lutheran Church Ward 1, Prct. 10 - New Harrison School Ward 7, Prct. 13 - Central High School Ward 8, Prct. 8 - St. �gnes School Ward 9, �'rct. 2 - Rice St. Library; and be it Further Resolved, That the City Clerk is hereby ordered and directed to cause the full text of said proposed an endment to be published as required by law once a week f or two weeka in a newspaper � of general circulation in the City of Sai.nt Paul, which newspaper shall have an aggregate regular paid circulation of at least twenty-five thousand copies azd which newspaper shall be printed and published in the City of Saint Paul, viz: The St.Paul Dispatch, the cost thereof to be paid out of the Election Lxpense Fund of the General Fund;, and be it COUNCILMEN �R ppPt���� `� � ` $e� Adopted by the Council 19— Yeas Nays � ��poCat�on ° . Carlson � s Dalglish Approved 19— Holland - , Meredith Tn Favor Peteraon Mayor ' Tedesco A gainst Mr. President, Byrne �zz ' ORIGINAL TO CITY CLERK 2350�1 . CITY OF ST. PAUL FIOENCIL ND c_ :- ;�� OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF __ Further Resolved, That the City Clerk is hereby ordered to give notice of said election in the manner provided by law, and that ths registration records on file in the Bureau of Registration and �lections of the City Clerk�s Office shall be used as provided by law; and be it Further Resolved, That the City Clerk is hereby authorized, empowered and directed to equip the said polling places and f or such purpose the City Clerk is hereby authorized to engage the ne�essary labor and skill and purchase necessary tools and m.aterial, the cost and expense of the same to be paid out of the Election Expense �ccount of the General F'und; and be it ' F'urther 8esolved, That the City Clerk be and he hereby is authnrized and directed to purchase and provide the necessary supplies required f or the said elections, the costs thereof to be paid out of the Election Fxpense Account of the General F'und; and be it Further Resolved, That the pr oper City officers are hereby authorized and directed �o prepare the necessary printing, stationery and election supplies, the cost thereof, together with all the expense of said election, to be paid out of the Flection Expense Account of the General Fund; and be it , Further Resolved, That the persons named on the list on file in � the"Certification of l�lection Judges" binder in the Office of the City Clerk a.nd Commiss�.oner of Registration are hereby appointed Judges of Election in said precincts in compliax�.ce with Section 203.21 of the Election Laws of the State of M innesota; and be it Further Resolved, That the City Clerk is hereb� authorized and directed to give such notice and do whatever else is necessary f or the submission of said proposed amendment at said election in the manner prescribed by law; and be it Further Resolved, That the City Clerk shall prepare a ballot stating the aforesaid quest3.on in the manner prescribed by law; and be it COUNCILMEN Adopted by the Council 19— Yeas Nays _ Carlson � Dalglish Approved 19— Holland Meredith Tn Favor � Peterson Mayor Tedesco Against Mr. President, Byrne • �za � — - '� �RIGINAL TO CITY CLERK ���o-' �'+ CITY OF ST. PAUL FI�ENC'� NO. 1' , � OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESENTED BY COMMISSIONER DATF - � Further Resolved, That the City Clerk is authorized to purchase and provide the necessary supplies, labor and ma�erial and to do whatever else is necessary for such special election, the cost thereof to be charged to the �lection Expense �ccount, Charter F`und 19, said fund to be reimbursed from �.ctivitg 0954 of Charter Fun.a 35. SEP 19196a COUNCILMEN Adopted by the Council I9— Yeas Nays Carlson �EP 1 � 1967 Dalglish , Approved 19— Holland � ' Meredith Tn Favor . Peteraon � Mayor Tedesco A gainst Mr. President, Byrne �B�isr�o SEP �� tg�� ��� � a � , 2�3��b�� . , �- � STRINGER,DONNELLY AND SHAROOD ATTORNEYS AT LAW E-903 FIRST NATIONAL BANK BUILDIN6 PHILIP 3TRINGER SAINT P.ABL,MINNESOTA SS101 TELEPHONE 225-6517 ARTHUR J.DONNELLY R.PAUL $MAROOD AREA CODE 612 HENRY H.COWIE�JR. RICHARD A.RONLEDER � EDWARD C.3TRINGER CHARLES A.FLINN,JR. A.JAMES DICKINSON �ep�kember 18, I967 fio the Council 'of the� C'ity of Saint Pa�1T Geritlehie�n: S.ome dQU}�t h�� been express:ed .as to whet�.er the ney� Charter , for the �ity of S:aint P"aul:, prqp'osed by th� Charter �pmmis's�iori, Which Was pres'ent.ed fo:rm�lly to the� Mayor :a'rid Council on Septe'mber� 1�., 19.67, adequ'at�,�y states th�.t the prop'osed Chart.er is in� sub$titu��.on for, and repe�:l of, the' eX�sting :Charter. ' It is of :course, obvious� �rom' a� reading of the� doc�une�t that it is �tended to have_ that �effect, but there� is no express langua$e� tk�at ;s�o states�. ��or t�.'e sole pt�rpose of c'o,�'e'eting '" axiy do�abt$ th,at might ex�'st upo7n' the �subje�.et, and a-t the ' dir'ection .and �aith �he authority of the� Charte�r �Commission, T request that the propo's.aT pres.entec� to. }ro,u on 'September 15=, b.e �ithdra�n� tempor�riTy for the purp�os� �f subst�tutirig a hew enacti�ag �latt�e,. makirig it eritire�y cTear� tha-t the� n�t�f Cha;rter, if -acTp'pte�d, y�loiild b� in� substitution of the •old in. its �entirety. , �ery�trtily yotlrs, � C airina_ , Saint P ul Chart�r Comm�ss.i�� PS r�eb� �- • TO THE HONORABLE MAYOR OF THE CITY OF SAINT PAUL: . The annexed is a draft of proposed amendment to be made to the Charter of the City of Saint Paul, made, framed and adopted by the Charter Commission of the City of Saint Paul, appointed pursuant to Section �, .Article 11 of the Constitution of the State of Minnesota, and the laws and statutes enacted pursuant thereto; and said draft of said proposed amendment is hereby � transmitted to you as Chief Executive of the City of Saint Paul signed by the undersigned majority of said Charter Commission, to be submitted to the qualified voters of said City for ratification in the manner provided by law. Da.ted at Saint Paul, Minnesota, this fifteenth day • of September, 1g67. � , � . ��,,� . . ' � Q � ��.¢.�1_c_,_ �LGC^-�-e� " `-�c--ut"L I`7� � GZ� �// � � J� a� a �i ° �"" � � � o � . . � � /� r Q V , � - � `J� . M. , N,;7 ^- • � � •� ., � • , � . ,* � _ � . - ' r _.; -, � '`' ' t- � � ` � ^`� ' • � - . 1 � 1 _ + , , • Be It Enacted that the following amendment of the Charter of the City of Saint Paul is hereby proposed and submitted: A CHARTER FOR THE CITY OF SAINT PAUL ' CHAPTER L ' - NAME AND GENERAL POWERS � Sec. 1.01. Name and Boundaries. The City of Saint Paul in the County of Ramsey and State of Minnesota, contained within the limits and boundaries hereinafter described, shall continue to be a municipal corporation under the name City of Saint Paul. The limits and boundaries of the City shall be as follows: � City Boundaries. The district of country aforesaid, constituting the "City of Saint Paul," and the said limits and boundaries thereof � shall be as follows: Beginning at the northeast corner of section twenty-three, township twenty-nine north, range twenty-two west (Sec. 23, T. 29 N. , R 22 W.) of . the Fourth Principal Meredian, thence west seven and one-half (7'�) miles to the northwest corner of the northeast quarter of section twenty-two, township twenty-nine north, range twenty-three west N. E. � Sec. 22, T. 29 N. , R. 23 W.) ; thence south one-quarter (�) mile to the northeast corner of the southeast quarter of the northwest quarter of section twenty- `two (S. E. � N. W. '� Sec. 22) ; thence west one-half (�) mile to the north- west corner of the southwest quarter of the northwest quarter of said ' section twenty-two (S. W. � N. W. '� Sec. 22) ; thence south three-quarters . (3/4) mile to the northwest corner of section twenty-seven (27) y thence west one (1) mile to the northeast corner of section twenty-nine (29) ; � � . . � . � , � {, j � . - ,`. ,-i � . � . , , t " a - ' � . � � 4 + . - ' � , � � � � �- , � _ � , � . TO THE HONORABLE MAYOR OF THE CITY OF SAIlJT PAUL: The annexed is a draft of proposed amendment to be made to the Charter of the City of Saint Paul, made, framed and adopted by the Charter Co�ission of the City of Saint Paul, appointed pursuant to Section �+, Article 11 of the Constitution of the State of Minnesota, and the laers and statutes enacted pursuant thereto; and said draft of said proposed amendment is hereby transmitted to you as Chief Executive of the City of Saint Paul signed by the undersigned majority of said Charter Co�nission, to be submitted to the qualified voters of said City for ratification in the manner provided by law. Dated at Saint Paul, Niinnesota, this nineteenth day of September, 1g67. � • p � � ��� . � - ' � i �. � .� r , � � � � ; � ` � � � ` �� r ►� �j�, • i , 8 � ' - � CHAPTER 3 , , , . THE MAYOR - ; Sec. 3.01. Powers and Duties. The mayor shall be the chief executive of the city. Subject to the provisions of this charter and any ordinances consistent herewith, he shall control and direct the administration�of the city's affairs. Without limiting the generality of the foregoing, he shall • have the powers and duties set forth in the following subdivisions: Sec. 3.01.1. He shall see that this charter and the laws, ordi- nances, and resolutions of the city are enforced. � . Sec. 3.01.2. He shall have the right to attend and participate in council meetings with the right to take part in the discussion, but _ > ' ' . - , - r - shall not vote except as otherwise provided in this charter. He . .- .� r : • _ shall make recommendations to the council; but shall not introduce _ �. , - � . � - ordinances or resolutions. • ':-t . - ": Sec. 3.01.3. He shall appoint and remove all department heads, - ,� , except as otherwise provided in this charter. " 3 Sec. 3.01.4. He shall direct and supervise the administration of all _ � departments, offices, and agencies of the city, except as otherwise � " provided by this charter or by law. Sec. 3.01.5. He shall prepare and recommend to the council the _ budgets as provided in Section 10.03. Sec. 3.01.6. He shall approve or veto ordiriances and resolutions . as provided in this charter. � � Sec. 3.01.7. He shall have the right to appoint and remove an �� , , administrative assistant and a secretary, both of whom shall be • in the unclassified service. �_ • , ; , _ j _ � . � • �o � CHAPTER 4 � - � THE COUNCIL � � Sec. 4.01. Legislative Power. The legislative power shall be vested in the council, which shall be composed of seven councilmen. Sec. 4.02. Quorum and Rules. A majority of the council shall • constitute a quorum, but a smaller number may adjourn from time to time and compel the attendance of absent members under such terms and penalties as the council may prescribe. The council shall determine its own rules and order of business and shall keep a Journ�.l of its , proceedings. The journal shall be a public record, • Sec. 4.03. Organizational Meeting and Officers. At the first meeting • after taking office, or as soon thereafter as practicabler;. the council . shall elect from its members a president, a first vice-president, and a second vice-president. At the same time, the council shall elect a city clerk who shall not be a member of the council. The officers of the council and the city clerk shall serve at the pleasure of the council. During the absence of the president or his inability to discharge - the duties of his office, the first vice-president shall exercise all the powers and discharge all the duties of the president. The second . vice-president shall exercise all the powers and discharge all the duties of president in case of the inability of the fir•st vice- � _ , president to serve. ' � � -� . -� - _ , _ - . : � _ - . , Sec. 4.04. Business Meetin�s. The council shall`hold regular meetings � �at the city hall at' least' =once weekly� at times -it `may prescribe. �.. � '�.' - - .> -J :�� - ' : . i-. t � ,_ '„' , _ . - - � �- • � � • . 31 � Sec, 10.08. Amendments After Adoption. Supplemental appropriations, emergency appropriations, and transfers of appropriations may be made, with respect to the budgets described in Sections 10.03.1 and 10.03.3, subject to the following limitations: ' Sec. 10.08.1. Su�plemental Appropriations. If during the fiscal year, the controller certifies that there are available for appro- - priation total revenues in excess of those estimated in the budget, the council by ordinance may make such supplemental appropriations - for the year up to the amount of the excess. • Sec. 10.08.2. Emer�ency Appropriations. The council may by resolu- . tion make appropriations to meet a public emergency as defined in Section 7.06. To the extent that there are no available unappropriated revenues to meet the appropriations, the council may by resolution • authorize the issuance of emergency nptes, which may be renewed from time to time. The emergency notes andzthe renewal of the notes of ' ; _ � - any fiscal year as are authorized at the time the budget is adopted _ , - - - � - ;'., • � ' � shall be paid not later than the last day. of the fiscal year after that in which the emergency appropria"tion� was made.- Payment of the . , � t . -. y= . t � r-. , . � , . notes authorized'after �the' budget is� clos�d'�shall be `provided for in _ the next budget to be adopted 'by the council. • _ - � � ' Sec. 10.08.3. Reduction of Appropriations. If at any time during the fiscal, year it appears probable to the controller that the r,�venue available will be insufficient to meet the amount appropriated, he � shall report to the mayor and the council without delay, indicating the estima�ted amount of the deficit, and his recommendations as to , , any steps to be taken. The mayor shall also make recommendations to • , . � ` 34 • Sec. 10.12,3. Net Debt Limit of City. The total net debts of the city created by the issuance of bonds shall not exceed ten per cent of the full and true valuation of the taxable real and personal property within the city as based upon the last report by the county auditor, as required by law, containing the total full and true valuation of � each class of taxable real and personal-property within the city. In calculating the net debt, the obligations which shall be deducted from . .� the gross debt shall,include those obligations listed in Minnesota ,,� - �, _ � � ' . Statutes, 1965, Section 475.53, as amended. _ � i , . y ' . _ , I_ _ E .` Sec.' 10.12.4: Permanent Improvement Revolving Fund Bonds. The council � „ F_,-_ � � . ,. __ � , - _ �� � shall have the power, by resolution adopted by an affirmative vote of � - ` `' �' `- "" - f~ � ' y ' at least -five�members, without a vote of the electorate, to authorize tfie issuance of bonds for the purpose of creating or preserving a per- • manent improvement revolving fund or funds which may include a special � assessment�revolving fund or funds. Sec. 10.12.5. Sale of Bonds. Al1 bonds so issued shall be negotiated by the council and shall not be sold at less price than the full face value thereof with accrued interest. No bond or any part of the pro- ceeds of any bond issued for the purpose of creating or preserving a permanent improvement revolving fund, or funds, or special assessment revolving fund, shall be used for any other purpose than the specific purpose for' which the same may be issued. Sec. 10.12.6. Tax Anticipation Certificates. The council by resolution, may, without a vote of the electorate, from time to time as the cash in the city's treasury is inadequate to meet city obligations as they become due, borrow money and execute notes, bonds, tax • . • ' ' ' 38 CHAPTER 12 •� ' ADMINISTRATION Sec. 12.01. Administrative Power. Subject to the provisions of this charter and any ordinances consistent herewith, the mayor shall control and direct the� administration of the city's affairs. Administrative heads of departments created by the administrative code or by ordi- ` nance, other than the controller's office, shall be appointed by the mayor, except as otherwise provided in this charter. Administrative heads of departments shall be in the unclassified service. Sec. 12,02. Creation of Departments. The existing departments and boards of the city government are continued unless changed by the provisions of this charter or by ordinance. Prior to June 4, 1969, • the council shall adopt by ordinance an administrative code providing - for a complete plan of administrative organization of the city govern- � ment, provided that no more than nine departments, other than the - � � controller' s office, shall be established, When necessary and proper .--� for carrying out the powers and duties of city government or the . { - - � - , provisions of char.ter or law, the council may by ordinance create, rear- . � � _ � r_- � , . � �_ - , range, and abolish departmen'ts, offices, and agencies other than the � -- . _ - . - . . � - -'s ' . - , departments, 'offices; and agencies �established, by this charter. ' � � i • ,y F r_ � `j� � 4 The council may,assign by ordinance additional functions or duties T - � �� . ' . . ' R ' . to departments, offices, or agencies established by this charter but may not discontinue or ',assign to any other department, office, or agency any function or duty assigned by this charter to a particular � � department, office; or agency. � � 52 � penalty to be charged thereupon, and the date from which the interest shall first accrue. 2., The county auditor shall include in the tax rolls as a portion of the total to be collected by the county treasurer any assessment • or installment -thereof, together with ,accrued charges, due and payable under the terms of the administrative ordinance. The amounts � so included shall be collected in the same manner as are county and state taxes and shall be subject to the same penalties, cost, and . interest charges as are state and county taxes. 3. Every assessment shall be a lien upon all private and public _ property from the date of the resolution adopting the assessment. . Such assessments and interest shall be of�equal rank with the lien ' of the state for general taxes which have been or may be levied upon • the property. �. � � � , ` � . 4 s� - + . . 9 - .. ' , . . . - a , , � � , . . .. � � 56 • procedures for the reasonable regulation by the council of any franchise, including procedures for estimating reasonable rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under 'any applicable law, ordinance, or regulation or in pro- ceedings for municipal acquisition of the grantee's property by purchase � or eminent domain. - Sec. 17.05. Renewals or Extensions. Every extension, renewal, or modi- _ fication of any existing franchise or of any franchise granted hereafter shall be subject to the same limitations and shall be granted in the same manner as a new franchise. Sec. 17.06. Gross Earnings. Every corporation or person exercising any _ _ � , • franchise in, over, under, or upon any of the streets or public places or : �. � _ , r - , , � , elsewhere in the city, shall pay to the. city .a franchise fee in a sum equal to at least five per cent of the gross earnings�derived or accruing , � � - � r from the exercise or enjoyment within the city'of any �franchise. This ' section shall apply to all franchises granted prior to the adoption of � " - _ '" - this charter and to all other franchises unless the ordinances granting a = .� the franchises shall exempt the grantees and others holding through or under them from the franchise fee. Sec. 17.07. Grantee' s Agreement. No extension, modification, or change of any franchise heretofore granted, or of any condition or limitation affecting such franchise, shall be valid or effectual unless the person _ or corporation holding such franchise shall, in writing, agree that such • - . � • � 65 • Sec. 19.07. Actions to Make Charter Effective. The council shall by ordinance, resolution, or other appropriate action take such steps as may be necessary to carry out and make effective the provisions of this amendment to the charter. Sec. 19.08. Actions Referring to Boards and Officers. Statutes, ordinances, resolutions, or parts thereof in force when this amendment to the charter takes effect, and not inconsistent therewith, which may refer to any existing board, commission, department, officer, or employee shall be construed to refer to the board, commission, depart- ment, officer, or employee having the same or similar powers or dut2es under this charter, or ordinances, or resolutions adopted pursuant thereto. Sec. 19.09. Statutes not Affected by Charter. All general laws and • statutes of the state applicable to cities of the same class as the city of Saint Paul operating under home rule charters, and not incon- sistent with the provisions of this charter, shall apply to the city of Saint Paul, and shall be construed as supplementary to the provisions of this charter. � Sec. 19.10. Acting Heads of Departments Appointed. Pending adoption of the appropriate administrative ordinance establishing departments, the mayor may designate, and at his pleasure redesignate, from among the employees of the departments of Finance; Public Works; Public � Safety; Public Utilities; Parks and Recreation and Public Buildings; and Libraries, Auditorium, and Civic Buildings; persons to serve as acting department heads and also continue in a civil service position • without altering their civil service statu's. - � 67 in force and effect and made a part of this charter, provided, • however, that if any enumerated law denies to the city a power granted by this charter, then this charter shall prevail: ` � Special Laws 1887, Chapter 108, providing for a plat co�ission of Ramsey County The following portion of Section 1, Chapter 64, Special Laws 1889: � "The said� building (Court House and City Hall) when completed � shall be in charge of a joint committee of seven to be appointed as follows: The mayor of the City of St. Paul shall be ex-officio a member and chairman of said committee. Three (3) of said committee shall be appointed annually by the president of the common council of said city from the members of said council, . and three (3) shall be appointed annually by the chairman of the board of county commissioners from the members of said board. Said committee shall have entire charge of said buildings, and shall� have the power to appoint such janitors, custodians and other, employees as they shall deem necessary for the proper care and management of said building and at such compensation as said committee shall determine. The expense of keeping said �building in repair and the necessary expense of heating and maintaining the same, shall be paid equally by said city and county, that is to say, one-half thereof out of the treasury • of said city and one-half out of the treasury of said county. Provided that in the foregoing the term "common council" shall mean "council under this charter" and the phrase, "presi- dent of the common council," shall mean mayor of the City of St. Paul under this charter. - � . . Laws��wr 1947, Chapter '305 pertaining to working hours of employees of the fire department of the city of Saint Paul. Laws 1955, Chapter�151,Tas�amended by Laws 1963, Chapter 271, relating to police pensions in the City of Saint Paul, , � . - .• , '- .� � , ry Laws 1955, Chapter 353, as �amended by,�Laws 1957, Chapter 664, as amended by Laws 1961, Chapter 435,_ as amended by Laws 1963, Chapter 556, relating to the Ramsey County and City of Saint Paul joint participation in'the. est�ablishment, operation and maintenance of detention`facilities, workhouse, workfarm or any combination thereof. ,' � , - . � Laws 1955, Chapter 375, as amended by Laws 1961, Chapter 376, as amended by Laws 1963, Chapter 221, as amended by Laws 1965, Chapter 790, as amended by Laws 1967, Chapter 644, and Chapter 708, relating to Firemen's Relief Association in the City of � Saint Paul. � ' ' Laws 1957, Chapter 237, pertaining to closing of City Hall • on Saturdays. , 69 _ • Laws 1963, Chapter 514, relating to the Saint Paul Housing and Rede�elopment Authority and providing for seven commissioners and technical advisory committee. ' Laws 1963, Chapter 726, relating to the membership of the City of Saint Paul, its state and national associations. Laws 1963, Chapter 728, pertaining to the Ramsey County League of Municipalities. Laws 1963, Chapter 851, as amended by Laws 1965, Chapter 783, as amended by Laws 1967, Chapter 810, relating to the City of Saint Paul and retirement of employees thereof and certain benefits therefor. Laws 1963, Chapter 881, as amended by Laws 1967, Chapter 499, ' providing for and authorizing the City of Saint Paul to issue its general obligation bonds for urban renewal development purposes. Laws -1965, Chapter 211,. �authorizing the investment of municipal � funds in bank savings certificates by the City of Saint Paul. Laws 1965, Chapter 213, permitting.the. �appointment by the City of Saint Paul of a Dep'uty City Clerk and preseribing his duties ' and powers. � � ' ' • . - . a . • , Laws 1965, Chapter 693, as amended by Laws 1967, Chapter 185, authorizing the City of Saint Paul to self-insure for tort liability and providing the method of financing for such liability. � Laws 1965, Chapter 781, providing for mandatory retirement of certain employees of the City of Saint Paul. " Laws 1965, Chapter 782, relating to City of Saint Paul's providing for insurance coverage for elected officials. Laws 1965, Chapter 866, relating to any commission established by ordinance in the City of Saint Paul to regulate in the field of civil rights and granting certain powers and providing for judicial review. Laws 1967, Chapter 442, permitting the City of Saint Paul to exercise the powers and procedures provided by Minnesota Statutes Section 429, Laws 1967, Chapter 459, authorizing the City of Saint Paul to issue bonds to provide funds to construct, reconstruct, remodel and equip a civic �center, exhibition hall and audi- torium and to acquire land therefor. - Laws 1967, Chapter 472, authorizing the Saint Paul City Council • ' to provide for residence requirements of City employees. , 61 • Sec. 18.10. Separability. If any provision or application of this charter is held invalid, by a court of competent jurisdic�ton, no other provision or appTication of this charter shall be affected thereby. If the application of this charter or any of its provisions to any persons or circumstancesis held invalid, by a court of compe- tent jurisdic�ion, the application of this charter and its provi- � sions to other persons or circumstances shall �not be affected thereby. � . , _ � . _ - - ` , - . • � - .- ' - ' - 1 • � - . ' - . � _ i - • . ; . . ' � ; t'i � � ; �' . - ' " _ t , � ,.� ' _, ` . � ' - - - ' s � S `_ _ t . � ' . • • . - � . " ° r � : � ' ' ' ° " . . � - � - - .y 1� � ' . � . l 1 I ` ' . ', � � TABLE OF CONTENTS ` � � - �- � - Page Y ' Letter of �Yansmittal . . . . . . �. .� . . . . . . . . . i Chapter 1. Name and General Powers . . . . . . . . . . . . 1 , 2. Elective Officials. . . . . . . . . . . . . . . 5 3. The Mayor . . . . . . . . . . . . . . . . . . . 8 4. The Council . . . . . . . . . . . . . . . . . 10 - 5. The City Attorney . . . . . . . . . . . . . . . 13 6. The Controller. . . . . . . . . . . . . . . . . 14 7. Legislative Procedures. . . . . . . . . . . . . 17 � 8. Elections . . . . . . . . . . . . . . . . . . . 22 9. Initiative, Referendum, and Recall. . . . . . . 24 10. Budget. . �. . . . . . . . . . . . . . . . . . . 28 11. Taxation. . . . . . . . . . . . . . . . . . . . 37 12. Administration. . . . . . . . . . . . . . . . . . 38 13. Personnel . . . . . . . . . . . . . . . . . . . 39 14. Acquisition of Property and Improvement Procedures. . . . . . . . . . . . . . . . . . . 43 15. Special Assessments . . . . . . . . . . . . . . 49 � 16. Public Ownership and Operation of Utilities . . 53 17. Franchises. . . . . . . . . . . . . . . . . . . 55 18. General Provisions.. . . . . . . . . . . . . . . 58 19. Transitional Provisions . . . . . . . . . . . . 62 T�_ . 1� TO THE HONORABLE MAYOR OF THE CITY OF SAINT PAUL: The annexed is a draft of proposed amendment to be made to the Charter of the City of Saint Paul , made, framed and adopted by the Charter Commission of the City of Saint Paul, appointed pursuant to Section 4, Article 11 of the Constitution of the State of Minnesota, and the laws and statutes enacted � pursuant thereto; and said draft o� said proposed amendment is hereby transmitted to you as Chief Egecutive of the City of Saint Paul signed by the un.dersigned majority of said Charter Commission, to be submitted to the qualified voters of said City for ratification in the manner provided by law. Dated at Saint Paul, Min.nesota, this �� � day � of October, 1967, \ �_ � �����'�'ei%f� � � 1�.-e.1�-_ � � r� r � ��j%�E4� r . ����^�/ • �/� � � . � . - " 1 . `��Z�loL`,. � ✓� � ` _ ~ 9 FOR APPROVED � r oratio C nse st. Co P . 1 . . � Be It EYhacted, that the Charter of the City of4Saint Paul, as adopted in. the yeax 1900, and as amended, is hereby amended by striking out a11 that portion of saa.d Charter following, succeeding or subsequent � to the title thereof, and by striki.ng out a11 amendments heretofore adopted and substituting for the stricken portion of said Charter and amendments the following: � CHAPTER 1 � NAME AND GEL�IERAL PO�ERS Sec. 1.01. Name and Boundaries. The City of Saint Paul in the County of Ramsey and State of Ntinnesota, contained w:ithin the limits and boundaries hereina.fter described, shall continue to be a municipal corporation under the name City of Saint Paul. The limits and boundaries of the City shall be as follows: Beginning at the northeast corner of section twenty-three, township � teventy-nine north, range twenty-two west (Sec. 23, T. 29 N. , R. 22 VP. ) of the Fourth Principal Meredian, thence west seven and one-half (72) miles to the northwest corner of the northeast quarter of section twenty-two, toaunship twenty-ni.ne north, range twenty-three west (N. E. ,�—� Sec. 22, T. 29 N. , R. 23 �P. ); thence south one-quarter (4) mile to the northeast corner of the southeast quarter of the northwest quarter of section twenty- two (S. E. � N. V9. 4 Sec. 22); thence west one-half (2) mile to the north- west corner of the southwest quarter of the northwest quarter of said section twenty-two (S. VP. 4 N. �P. 4 Sec. 22); thence south three-quarters (3/�+) mile to the northwest corner of section twenty-seven (27); thence west one (1) mile to the northeast corner of section twenty-nine (29); � 2 thence north three-quarters (3/4) mile to the northeast corner of the �� southeast quarter of the northeast quarter of section twenty (S.E. '� � of N. E. '� Sec. '20) ; thence west one (1) mile to the northwest: cor�er of the southwest quarter of the northwest quarter of said section twenty , (S. W. 4 N. W. � Sec. 20) ; thence south about two and one-half (22) miles � � along the township line to the center of the westerly channel of the Mississippi river; thence southerly along said channel to the west of all islands on this course, about three (3) miles, to the mouth of Minnehaha creek; thence easterly along the center of said river channel and south of Pike's island to the easterly end thereof; thence northeasterly along � the middle of the main channel of the Mississippi "river about two (2) miles to the north line of section fourteen, township twenty-eight north, _ range twenty-three west (Sec. 14, T. 28 N. , R. 23 W.) ; thence east about � , one and five-eighths (1-5/8) miles to the southeast corner of the southwest � _ quarter of section seven, township twenty-eight north, range twenty-two west (S. W. '� Sec. 7, T. 2'8 N. , R. 22 W.) ; thence north one-quarter (�) � mile to the southeast corner of the northeast quarter of the southwest .�. ' . _ �� • 1 , ' quarter of section seven (N. E. � S. W, '� Sec. �7) ; thence east one-quarter (�) mile to the southwest corner of the'northeast quarfer of the southeast . , �.. . . . . � . - . � +. . • quarter of said section seven (N. E. 4 S, E. � Sec. 7) ; thence south one- . _ . . . � . . quarter mile to the southwest�corner of the southeast� quarter 'of the south- � - 1 . . � ' - � - . - --` ; - east quarter of said section seven,(-S. E. ,� S. E. � Sec. 7) ; thence east - � i � T - k about two (2)• miles to �he middle�of the main channel of the Mississippi , r . i � - • ' river; thence southeasterly about �two and one-half (2�) miles along the middle of said channel to the south line of said section twenty-three; � . - 3 , � � township twenty-eight north, range twenty-two west (Sec. 23, T. 28 N. , R. 22 W.) ; thence east about three�uarters (3/4) miles to the southeast corner of said section twenty-three (23) ; thence north seven (7) miles to the point of beginning. Sec. 1.02. Wards. The council may, by ordinance, provide for the estab- lishment of wards, define or change their boundaries, and increase or ' eliminate the number of wards in the city; but no change, increase, or � elimination shall be made within, three months prior to any election held � _ - . : - in the city. " � :�. 't; -" , _.� � . ..4 } y'�w . _- ' . a = Sec. 1.03. Powers. -The< city shall have all powers which it may now or ' t - r ' " � �_ • ' ' 4- � � • - - Y , + � - hereafter be possible for•a�municipal corporation in this s�tate to exercise in harmony with the constitutions of_the State 'of Minnesota and of the . i : ` ' • .. - : ' � s . • United States. It is the intention of this charter that egery power which , . , - - the people of the city might lawfully confer upon themselves, as a municipal corporation, b� specific enumeration in this.charter shall be deemed to have been so conferred by the provisions of this section. This charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power herein conferred. Sec. 1.04. Distribution of Powers. The powers of the city shall be vested in two branches: an elected chief executive, the mayor; and an elected legislative body, the council. No person or persons belonging to or constituting one of these branches of government shall exercise any of the powers properly belonging to the • other, except as �otherwise provided ,in this charter. , + f �' - `'- � }r r� # + � -? r . • . • . 4 , l - v , ", . j- ' ' � • The council shall exercise �tlie legislative powers of the city and determine all matters of policy. The mayor shall be head of the executive ' _ branch of the city government and shall be responsible for the proper administration of all affairs relating to the city, except as otherwise provided in this charter. - Sec. 1.05. Charter a Public Act. This charter shall be a public act and need not beepleaded or proved. It will become effective on June 4, 1968, except as otherwise provided in Chapter 19 of this charter. � • .� _ • _ � :. . . - "�� . � � . � - . � r � , ' ., b - a.. i� . , - _ {' ° _ � _ . . t f - .. 7, .# � ' tf ' t � Y . � r � i� ' _ ` . a , ' t ` • - _ , _, + } ' ' - -- ' s . �'j . ' t,' . _ ' . t - } � � . _ F - - t , , _ : i . . i �� r r . ' * , '" � � CHAPTER 2 E . - r � � . � - , . ELECTIVE OFFICIAI�S � - _ i Sec. 2.01. Mayor, Controller, Councilmen. The elective officials shall be a mayor, controller, seven councilmen and such other officers as are required by law to be elected at a city election. The voters of the city at large shall elect the mayor, controller, and seven members of the council. Each shall hold office until his successor is elected and qualified. There shall also be nominated and elected such justices of the peace and constables as are by law provided. Sec. 2,02. Term of Office. The term of office of the mayor, control�e;, and of each councilman shall be four years, co�encing on the first . business day of January succeeding their election, except as other- wise provided in this charter. Sec. 2.03. Time Devoted to Duties. Each elective officer shall devote sufficient time to the duties and functions of his office so as to satisfactorily perform those duties and functions. Sec. 2.04. Vacancy in Office of Mayor. When a vacancy occurs in the office of mayor, the president of the council shall become mayor and cease to be a councilman, and shall serve as mayor for the remainder of the unexpired term and until a new mayor is elected and qualified. Should the president of the council decline to serve as mayor, he may continue as a councilman and the office of mayor shall then go to the vice-presidents of the council in order of rank. • - 6 � Sec. 2.05. Vacancy in Office of Controller or Councilman. When a � vacancy occurs in the office of controller or councilman, the council shall fill the vacancy by appointment of a qualified voter from the' -- �. _, , . � , - - city. The appointee ,shall serve for the remainder'of the unexpired . ' - - . _-` . ' - c � f term and until' his successor is elected and qualified. In case of a .,_ -� . ,; -� - tie vote in an election for the �appointment of a new councilman, the mayor shall vote to break the�tie. Sec. 2.06. What Constitutes Vacancy in Office. -The office of mayor, controller, or councilman shall become vacant when the incumbent dies, resigns, forfeits the office, no longer meets residence requirements, is adjudged incompetent by a court of competent jurisdiction, or when any otlier condition exists whi:ch makes it impossible for him to qualify for office, • � r Sec. 2.07. Forfeiture of Office. An elective official shall forfeit his office if he (1) lacks at any time during his term of office any qualification prescribed by this charter or by law, (2) violates any express prohibition of this charter, (3) is convicted of a crime involving moral turpitude, or (4) culpably neglects the duties of his office. Sec. 2.08. ,Tud�e of Qualifications. The council shall judge the election and qualifications of its members, the mayor, and the con- troller, and the grounds for forfeiture of their office. For these . purposes it shall have the power to administer oaths and require the presence of witnesses and production of evidence by subpoena obtained � ` (� � by order from the District Court on application from the council. An official charged with conduct constituting grounds for forfeiture of his office shall be entitled on demand to a public hearing of which notice shall be published in a newspaper of general circulation in the city at least one week before the hearing. • Sec. 2.09. Compensation. The annual s�.laries of the officials first elected hereunder shall be: � Mayor $15,'L00 Controller $14,500 - Councilman $14,000 � . � payable in installments as the council shall direct. For future terms, these salaries may be,increased by ordinance, but`no sucli increase shall be voted during the last twelve weeks of any term nor become • ' effective during the term in. which voted. � • _ � , ' _ _ ' ' ' - ° 8 � �- , . s . . . ._ . , _ � - . '_ . . � ' !� - 1�- � : . _ 5 • ' ' . - - ' .1 . ti ;��.S ' � � '" CHAPTER3 ' � ; : - �� ? a_ - . , - ,.;_ � � . ; . ' T�E IvIAYOR , �' Sec. 3. 01. Powers and Duties. The mayor shall be the chief executive of the city. Subject to the provisions of this charter and any ordinances ' consistent herewith, he shall control and direct the administration of the city's affairs. Without limiting the generality of the foregoing, he shall have the powers and duties set forth in the following subdivisions: Sec. 3. O1. 1. He shall see that this charter and the laws, ordi- nances, and resolutions of the city are enforced. _ Sec. 3. O1. 2. He shall have the right to attend and participate in council meetings with the right to take part in the discussion, but � ;'�_ shall not vote except as otherwise provided in this charter. He • shall make:recommendations to the council, but shall not introduce ordinances ,or resolutions. ' Sec. 3. O1. 3. He shall appoint, with the �:pproval of the council, and remove all department heads, except as otherwise provided in this charter. - Sec. 3. 01. 4. He shall direct and supervise the administration of all _ departments, offices, and agencies of the city, except as otherwise provided by this charter or by law. • Sec. 3. 01. 5. He shall prepare and recommend to the council the budgets as provided in Section 10. 03. Sec. 3. 01. 6. He shall approve or veto ordinances and resolutions as provided- in this charter, Sec. 3. 01. 7. He shall have the right to appoint and remove an administrative assi�t;ant and a secretary, both of whom shall be • in the unclassified service. , . �' ��. , 9 c � Sec. 3.01.8. He shall perform such other duties as may be pre- scribed by` this charter or may be� required of him by ordinance or resolution. � • , Sec. 3.02. Acting Mayor. Upon assuming office, the mayor, by letter filed with the city clerk, shall designate a qualified city administrative officer, who shall be empowered, during the mayor's temporary absence or disability, to exercise the duties, other than legislative, of the office _ of mayor. Nothing contained in this section shall enlarge or restrict the application of Section 2.06. • � . ' . - . � , � .' ' � � ' : � . - i : . - � - - a � , . � _ - �_ ` -, , 5� � _ �R .. _ ' 3 ' . ` ', - �' � - � t ' _ r . ' �� .. • • . � � � � : „� ' . ` ti � . a+ " ' 10 � CHAPTER 4 THE COUNCIL Sec. 4.01. Legislative Power. The legislative power shall be vested in the council, which shall be composed of seven councilmen. Sec. 4.02. Quorum and Rules. A majority of the council shall constitute a quorum, but a smaller number may adjourn from time to time and compel the attendance of absent members under such terms and penalties as the council may prescribe. The council shall determine its own rules and order of business and shall keep a journal of its proceedings. The journal shall be a public record. Sec. 4.03. Organizational Meetin� and Officers. At the first meeting � after taking office, or as soon thereafter as practicable, the council shall elect from its members a president, a first vice-president, and a second vice-president. At the same time, the council shall elect a city � clerk who shall not be a member of the council. The officers of the council and the city clerk shall serve at the pleasure of the council. During the absence of the president or his inability to discharge the duties of his office, the first vice-president shall exercise all the powers and discharge all the duties of the president. The second vice-president shall exercise all the powers and discharge all the duties of president in case of the inability of the first vice-president to serve. Sec. 4.04.� Business Meetings. The council .shall hold regular meetings � at the city hall on at least four separate days each week at times it � may prescribe. . 11 - �u • The mayor may call special meetings of the council, or the city clerk shall do so on the written request of four councilmen. Notice of the � time and place' of special meetings shall be served upon each member of the council and the mayor in a manner prescribed by the council. The business conducted at the special�meeti'ngs shall be confined to that stated in the notice. , . -� '- : • � , - . 4 Sec. 4.05. Meetings and Records Public. All meetings of the council, boards, committees and officers; whether elected, 'appointed or employed , � '.' . ` � _ � �. ..- . . . _ - •t - shall be open to the public under regulations fixed by ordinance. All z , . *. . , `T .- a proceedings, records, and documents 'lielonging to the city o�hall be accessible to the public under restrictions fixed by ordinance. All such proceedings, records, and documents shall be prima facie evi- • dence of the facts therein stated and copies, when certified by the � person entitled to the official custody thereof, shall be received in evidence in all courts with the same force and effect given to the original. � Sec. 4.06, Employees of the Council. The council may provide in the administrative code for positions it deems necessary for the perform- • ance of its duties. - Sec. 4.07. Investigations. The council may make investigations into the affairs of the city and the conduct of any department, office, or agency and for this purpose shall have the power to administer oaths and requireithe presence of witnesses and production of evidence by subpoenas obtained by order from the District Court on application • from� the council. - � 12 • Sec. 4.08. Independent Audit. The, council�shall provide for inde- � ? pendent annual audits of all city accounts and may provide for more . . .' �y "`';� � � - ' � ' . � , _ frequent audits as it deems necessary. Annual audits may be made in even-n�mbered years by a certified'public�accountant or firm of such ' . , i _ - : . . � _ . r � � ' ' �- �: � - .c ' , - . accountants who have no per"sonal interest, direct or indirect, in the ' fiscal affairs of the city government or any of its officers. The , 3 � - - - council shall, without requirang� competi�ve bids, designate an accountant or firm no later then thirty days after the beginning of the fiscal :y.eat. No accountant or firm shall make more than three annual audits consecutively. Annual audits may be made in ddd-num- bered years by the public examiner of the State of Minnesota. Any audit of all city accounts made pursuant to statutes of the State of Minnesota shall be deemed an independent audit. _ • ' , • . . " 13 �� • ; CHAPTER 5 THE CITY ATTORNEY Sec. 5.01. Appointment. The city attorney shall be appointed by the mayor with the consent of the council and shall be removable at any time by the mayor with the consent of the council. He shall be in the unclassi- fied service. His term shall be concurrent with that of the mayor except - that he shall continue in office until his successor is appointed. Sec. 5.02. Powers and Duties. The city at�torney shall represent the city in all causes in which the city is interested and shall have full and complete charge of the legal business of the city. No officer of the city may retain or fee any o'ther attorney, provided that in any case of special • or unusual circumstances or in any case where the city attorney by reason of interest cannot represent the city, the council, upon the request of the city attorney, may by resolution 'appointsspecial counsel and fix his compensation. • r , - , - - _ _ , � . T ` ' ' � ' r ' ° " ' � " } - e . � . Y Y ' � s ' . Sec. 5.03. Staff. The city attorney may appoint two deputy assistants ,� _ . • . - and such other assistants as in-his judgment�are needed to carry on the legal business of the city. The deputy assistants and other assistants shall be in the unclassified service. The deputy assistants shall hold office at the pleasure of the city attorney, and the other assistants � '. shall be removable at pleasure during their first year of service, but shall not thereafter be discharged except in the manner provided by administrative ordinance for employees in the c�:assified service. • � , ' 9 f t � � 1� • - - �.� , _ ,� : _ . � , ; ' , { - _ , . • . } . r � • � .J:CHAPTER t 6 _ ° : � • *!_ , . � , � _' , . : THE CONTROLLER , , ; . ,-- ,�'- _ � Sec. 6.01. Powers and Duties. The controller►shall be the chief ac- counting officer of the city. He shall have the following powers and duties, in addition to those that might otherwise be assigned to him in � this charter, by ordinance, or under state law: Sec. 6.01.1. He shall maintain the accounting records of the city, ,� including accounts for each department, office or agency. These records shall be maintained in accordance with accepted municipal ' accounting principles and shall disclose adequately the financial condition of the city and of each fund and appropriation and the cost of operating each department and activity. � • Sec. 6.01.2. He shall receive, disburse, and account for all city - receipts and disbursements, including payrolls and the investment of idle funds, subject to policies established by the council or an appropriate committee of the council. He shall act in a similar capacity for other governmental entities contracting with the city for such services. - Sec. 6.01.3. Before any payments are made from the city treasury or obligation incurred against any appropriation, he shall first '' certify that there is sufficient balance in the appropriation to meet the payment or obligation or that provision has been made for obtaining the required funds. - . Sec. 6.01.4. He shall examine all payrolls, bills, claims, and de- mands against the city, and shall not issue a check for payment • ' s, _? , - `� � , ' �� � '. ;+ 15 � � . .,�` _ -' ' - - � _ • unless he finds that the item is in proper form, correctly computed, . � duly approved, and legally due and payable. - Sec. 6.01.5. Not more than ninety days after the end of the fiscal . year, he shall prepare and publish an annual report showing the financial condition.� of the city and`the results of its financial transactions. He shall also prepare such interim reports of the status of various funds and activities as are required by law or by _ the mayor or the council. � � Sec, 6.01.6. He shall maintain detailed and current records of all - capital items owned by the city. He shall supervise a physical . inventory of all such capital items at least once every two years. Sec. 6.02. Deputy Controller. The controller shall appoint, and at his pleasure remove �a deputy controller, who shall perform such duties as the • controller may assign. During the absence of the controller from the city or his inability to discharge the duties of his office, the deputy controller shall act in his place and shall have the same powers and duties as the controller. The sureties on the controller's bond shall be liable for the - ' i acts of the deputy controller as if they were done by the controller. Sec. 6.02.1. The �deputy controller shall be a certified public accountant, a graduate of an accredited university or college with a major in accounting, or a person with at least ten years of experience in the field of municipal accounting. Sec. 6.03. Bud�ets. The controller shall examine the recommended budgets for the next fiscal year as prepared by the mayor:and; within ten business days after receipt, shall submi� to the council and the mayor a written •' , - v - -�, f , - . , .. . ' :_ , . ' _. ' . . . . +�'`� r - e � : _ ' ~� - � . - ' � - 3 t ` . .. �_ (' . � ' � s_• �+ ,y } ` _ , . � - . L _ . _ ; 1 . ° � 1� � report certifying his examination of the budgets. His review shall include but not be limited to the following: 1. The accuracy of estimates of revenues and expenditures; 2. The fiscal propriety of the plans for financing existing or projected obligations of the city; and 3. The fiscal propriety of the plans, if any, for disposition of miscellaneous receipts and unexpended balances. • His report shall disclose which items, if any, do not meet with his approval and shall state his reasons for any disapprovals. Sec. 6.04. Committee Membership. The controller shall be a nonvoting member of any committee having authority over or assisting with management of city bond funds, sinking funds, investment funds, or other financing � actiVities of the city. � Sec. 6.05. Employees and Employee Iummunity. The m�yor and council shall provide the controller with sufficient funds to satisfactorily perform his duties. These employees shall be subject to removal, under pertinent civil service regulations, only by the controller or his deputy. Sec. 6.06. Attendance at Council Meetings. The controller shall attend regular, special, and budget meetings of the council when requested to do so by the mayor or council and may attend or have his representative . tt � � i attend at any other times. � � � . � ` . � ' t , , _ . � � `� t.� L ' a � 4 I . *�. n { _ I _ ' � � , , y • ��, \ � L r A ' . 6 �R 1 �i ! � c : � . � n i'• � ' ? , � +' � . � t . ` _ • ;w � ., • ' i.. + ` � _ � , : � . � � -A .-.. _.. y . . �� ' . i � " i , �17 • . CHAPTER 7 . LEGISLATIVE PROCEDURES " Sec. 7,01. Actions of the Council. All acts o� the council shall be by ordinance or resolution as defined in this 'chapter. All ordinances and resolutions shall be offered in writing. The names of all persons voting for or against ordinances, resolutions, and motions shall be recorded in the journal. Unless excused under Section 18.05 of this � charter, any member present who fails to vote shall be recorded as voting in the negative. Sec. 7.02. Actions Requiring Notice. Where a published notice or other notice is required to effectuate an action of the council, provisions for notice shall be made in the, administrative code. • . . Sec, 7.03. Ordinances and Resolutions -- Defined; Vote Required. Sec. 7.03.1. Administrative Ordinances. Every act of the council which shall establish, alter,�or abolish any department, office, or agency, or adopt or amend an administrative code as � provided in Section 12.01 shall be by administrative ordinance. _ . _ . - - . ` ' Such an ordinance shall require ��i�affirmative vote�of at least . five members. � _ 7 -. • . Sec. 7.03.2. LLegislative Ordinances. Every act of the council which shall define, license, regulate, suppress, prevent, or prohibit any act, business, or person, grant or modify any - franchise, or shall be in any way an exercise of the legislative � as _ powers, shall be done by legislative ordinance, Except�otherwise • � , � ' . • ' ' . . , � • i ' '� • _ :� � � � ° � '_ - - _ , . . . . , � � . .� � _ 18 . , , - :�. . _ =;. - " " `� , �r . . - � ; � provided in this charter, 'such ordinances-"shall require an ; ' �� �� affirmative vote of at least four members. Sec. 7.03.3 Resolutions. All other acts of the council shall be by resolution;� including but not limited to the following: . 1. Adoption and revision of the budget, except as otherwise provided in Chapter 10; 2. Certification of the tax levy; ' - 3. Emergency appropriations; and 4. Declaration of intent of the council. as Except�otherwise provided in this charter, resolutions shall require an affirmative vote of at least four members. Sec. 7.03�.4. Saving Clause. No action of the council shall be invalid because a legislative ordinance is used when an admini- • strative ordinance is indicated in this charter, or an administra- tive ordinance is used when a legislative ordinance is indicated, if the required number of affirmative votes shall have been cast. Sec. 7.04. Ordinances and Resolutions -- Form, Each ordinance or � resolution shall relate to a single subject which shall be expressed clearly in its title. The enacting clause of each ordinance shall be " Ttie Council of the City of Saint Paul does ordain. " • Sec. 7.05. Ordinances -- Procedures. Every proposed ordinance shall be read in full at the meeting at which it shall be presented, pro- vided that full reading may be waived if a copy of the ordinance is � supplied each member of the council prior to its introduction. Every _ proposed ordinance shall be read again by title at two separate meetings • � . _ ,.� , . '.. . ; a } _ _ � . ,- - c . ' - - - • - � •-- - - ' -. � . ~ ' a _ �. • - - - - " ' ' ; ; . � � 19 • held not less than a week after the meeting at- which it is first � presented. ' After a proposed ordinance shall be complete in the form in which it is to be finally passed, it shall remain on file in the office of the city clerk for public inspection for at least one week before final adoption. Sec. 7.06. Ordinance, Emergency. To meet a sudden or unforeseen sit- uation affecting life, health, property, or the public peace or welfare that requires immediate council action, the council may adopt one or more emergency ordinances. An emergency ordinance may not levy taxes, authorize the issuance of bonds, grant, renew, or extend a franchise or regulate the rate charged by any public utility for its �services. An eme'rgency ordinance shall be introduced in the form and manner pre- scribed for ordinances generally except that it shall plainly be designated • � . as an emergency ordinance and� shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be passed with or without amendment or it may be rejected at the meeting at which it is introduced. The unanimous affirmative vote of all councilmen present shall be required for the passage of an emergency ordinance, and a quorum must be present _ ' and voting. - Sec. 7.07. Resolutions -- Procedure; Effective Date. Every resolution shall be presented in writing and read in full before a vote is taken _ unless the reading of the resolution is dispensed with by unanimous con- � � # r . � sent. Resolutions �shall become effective upon passage, approval, and : i •,, publication once in the� official newspaper. � " g � � � ' . • � ; ` ' - . . ; • 4 . � . � � . i- ' 1. Y . ' ' _ y � + ;• . R� . x . � • _� . ; _ • _ 1� �: ,Y'� ' - � . � ` . .l s I . t 4 ��' � _ � ' � a' • � t - . zo Sec. 7.08. Signing, Filing, Presentation to Mayor. Every ordinance or • � resolution adopted by the council shall be presented to the mayor as soon as practicable, but not later than five business days after its passage, for his approval or rejection. Within fi��e business days after presentation, the mayor shall either sign the measure or return it to the council with a communication in writing stating his dis- . approval and the reasons therefor. If he neither signs nor vetoes the measure within five business days, it shall be deemed approved. Sec. 7.09. Item Veto. Any ordinance or resolution shall be approved or vetoe� by the mayor in its entirety, except that any item in a � measure appropriating money �ay be approved or vetoed. . Sec. 7.10. . Reconsideration and Ove.rriding Veto. Any ordinance or • resolution or any part of an appropriation measure which has been vetoed may be reconsidered by the council and shall become law if passed by an affirmative vote of at least five members within thirty days of the veto. Any such ordinance or resolution or any part of an appropriation measure which has been reconsidered by the council and repassed shall be deemed approved. Sec. 7.11. Effective Date of Ordinance. Emergency ordinances shall be effective upon 'passage, approval, and pulilication once in any legal newspaper. All ordinances other than emergency ordinances shall . become effective thirty days after passage, approval, and publica- _ � , _ - _ . _ �_ _ . . tion once in the official newspaper unles�s an,earlier or later date , is specified therein. _ ' . . - a, . - • f ' � . - ' , 21 ' � . . • . � - � � . • Sec. 7.12. Codification.� '-The �council shall cause-all ordinances providing for the control� or,regulation of persons__or things to be _ . - _, - - . compiled in a legislative' code�and all .ordinances providing for the control or regulation of the operation and�administration of city government to be compiled in an'administrative .code. Sec. 7.13. Prima Facie Evidence. Any codification or compilation pf the ordinances or resolutions of th� city prepared under the direction of the council or any copy of any ordinance or resolution certified by the city clerk shall be prima facie evidence of its contents and of the regularity' and legality of its adoption and shall , be admitted as evidence in any court without further proof. • ; . • 1 � 2,2 � CHAPTER 8 _ _ � . . . ELECTIONS , Sec. 8.01. City Elections. The election of city officers and such other � officers as are required by law to be elected at a city election shall be held on the first Tuesday after the first Monday in November in the odd-numbered years. ;�' x� . , Sec. 8.02. Voter Qualifications: Every perso.n�entitled to vote under the provisions of the constitutions of the State of Minnesota and of the United � _ , - �._ ` � ; � - ' . _ , - States, and who shall�fulfill' the requirements prescribed. by law, shall be entitled to vote in all elections. � . � . - _ ; _. _ ��- . _ . Sec. 8.03. Qualifications of Caiididates. Every~person eligible to office • under the Constitution of the State of Minnesota shall be eligible to file -, for election. � Sec. 8.04. Name on Primary Ballot. Not later than thirty-five days nor more than forty-nine days before the primary election, any person eligible , may, by filing an affidavit and payment of $50.00 to the city clerk, have his name placed on the primary election ballot. Sec. 8.05. Primary Election. A primary election shall be held on a date set by the council which shall be no less than six weeks before the city election. - ' Sec. 8.06. City Election Candidates. The two candidates for mayor and - controller receiving the highest number of vot'es in the primary election � . - , , �, ' . / , , . 23 . * for each respective office, and the fourteen candidates for the council • • ' receiving the fourteen highest niunber of votes shall be declared the nominees and the only nominees for their_ respective offices at the next . city election. � In the same manner, the two candidates for each office . - to be elected for other city offices, as provided by law, shall be de- clared the nominees and the only nominees for their respective offices at the next city election. ' Sec. 8.07. Special Election. The council may by resolution, adopted by affirmative vote of a,t least five members, order a special election when deemed necessary for any purpose and provide for the holding of the election. _ . � � . , . - . Sec. 8.08. •� Election Procedure. The conduct and procedure of all elections � � � _ . � _- .: , _ � _ � . • � shall be governed by applicable statutes, together with �supplementary ordinances passed by the; council:! > r- `'`'� ' ` ; _ � � t j r - _ _ . -• _• ` - � � . � .t' . , ,� _ ' . "4 � . • . - 7� � . � ' "- 1 . • i • '- r . . � � . t � � A , 24 • CHAPTER 9 IIVITIATIVE, REFERENDUM, AND RECALL Sec. 9.01. Initiative, Referendum, and Recall. The people shall have the right to propose ordinances, to reguire ordinances to be submitted to a vote, and to recall elective officials by processes known respectiveTy as initiative, referendum, and recall. • Sec. 9.02. Petition. Initiative, referendum, or recall shall be initiated by a petition signed by registered voters of the city equal in number to ten per cent of those who voted for the office of � mayor in the last preceding city election in the case of initiative � or referendum, and twenty per eent, in the case of recall. � Sec. 9.02.1. A petition may consist of one or more papers, • but each paper must contain at its head the statement required - below. Sec. 9.02.2. Each signer of the petition shall write thereon - . hi�� name and the street number and election precinct designation of his residence. - Sec. 9.02.3. Each separate page of the petition shall have appended thereto a certificate, .verified �by oath, that each signature �was affixed by the person purporting to have signed ' - ,-�,' _ _ ... � - . _ , , the same in the�presence of the person making the certificate. . , , ' The person making the certificate shall be a registered voter - � . - r � , ' of the city, - `' � ' . r Sec. 9.02.4. Any person whose name appears on a petition may • � withdraw his name by a statement in writing filed with the city � 25 • clerk before the examiner advises the council as to the suffi- ciency of the petition. Any name appearing on any petition , ' which does not comply with the foregoing requirements, except as to precinct designation, shall be stricken,� and no names shall be counted which' have not been verif,ied, � ' .� r ' a � _y. • ` B � � Sec. 9.03. Determination of Sufficiencv, Any petition seeking initiative, referendum, and recall~ hereunder shall be deemed received by the council-when it is filed with the city clerk, for which fxling there "shall be no fee. Immediately upon receipt of the petition the council shall cause it to be examined as to its sufficiency and direct the �xaminer to report to the council within twenty a - calendar days, except that in the case of a recall petition it shall be thirty calendar days. Upon receiving the report, the council shall • determine by resolution the sufficiency of the petition. No additional pages of any petition shall be received after the examiner has reported to the council. - Sec. 9.04. Initiative. Any ordinance may be proposed by a petition which shall state at the head of each page the exact text of the ordinance sought to be proposed. If the council fails to enact the ordinance without change within sixty days after the filing of the petition with the city clerk, it shall be placed on the ballot at the next election occurring in the city. If no election is to occur within 120 days after the filing of the petition, the council ` shall, within such 120 day period, call a special election on the ordinance. If a majority of those voting on the ordinance vote in its • favor, it shall become effective immediately. , r . 26 • • Sec. 9.05. Referendum. Any ordinance may be subjected to referendum by a petition filed within forty-five days after its publication. The . petition shall state,at the head of each page, a description of the ordinance involved. Any ordinance upon which a petition is filed, - other than an emergency ordinance, shall be suspended iniits operation as soon as the petition is found sufficient, If the ordinance is not thereafter entirely repealed, it shall be placed on the ballot at � the next election, or at a special election called for that purpose, . as the council shall determine. The ordinance shall not become opera- tive until a majority of those voting on the ordinance vote in its favor. � If a petition is, filed against an emergency ordinance, the ordinance shall remain in effect, but shall be placed on the ballot • at the�next election or a special election called for the purpose, and shall be repealed if a majority of those voting on the ordinance vote to repeal it. - � . Sec, 9.06. Repeal of Ordinances Submitted to Voters. No ordinance adopted by the voters on initiative or approved by re�erendum shall be repealed within one year after its approval, f Sec. 9.07. Recall. Any person holding .an elective office, other than an office created by special law, may be removed by recall. The petition shall state at the head of each page a demand for the � � removal of the officer, the office.he holds, and a brief description of the�'g�ounds�for:;his:-_recall�.Yai� . F � � < _ . , : �'_ , � -� ' _-' _ { - L � �` Sec. 9.07.1. If the council finds a reeall petition to be • , - `}� -�, ' - � 4 , - . � � � y ..'� � - ° + _ ' 6 _ i'i � • t` ! ' , ,t � �� �- ` , 'x =_ . - } - _' � ; = - . ' ' ,.. i � _ ' s + R '� r -1r 1 ' - ' - ,: 2:7 � sufficient it shall notify the officer involved and announce the same at its next meeting. Any officer so named may resign � within five calendar days after being notified as to the suffi- ciency of the petition. If he does not resign, a recall election shall be held. Sec. 9.07.2. Within ten days after the council has found the petition to be sufficient, it shall order a special election to be held within sixty days to determine whether the officer shall be �removed. If a majority of..those_voting on the question t� - - - _ _ ' . - shall vote in favor of his removal, his office shall be deemed vacant and filled as provided, in this charter. Sec, 9.07.3. If any election is to be held within ninety days and not less than thi'rty�,days after filing of the petition, • the council shall postpone the recall election until that time. Sec. 9.07.4. ,No recall petition shall be filed against any officer until he has held office for six months and none . within six months of the end of his term. Sec. 9.07.5. In the published notice of any recall election there shall be printed in not more than two hundred words the grounds for recall stated in the petition, and the officer sought to be recalled may respond in not more than two hundred words. Sec. 9.08. Disposition of Insufficient Petitions. If the council shall f�nd any petition submitted under this chapter to be insuffi- cient or otherwise defective, it shall deli�r::a:copy of the petition to the person or persons therein named to receive it, together with • a written statement of its defects. � ' 28 � CHAPTER 10 - . BUDGET - , � . Sec. 10.01. Fiscal Year.� Thre:fiscal=year of�the city shall begin on the first day of January and end on the last day.of December. " 4 ` � _' ` . _ , , [ _ _ � • i � + r ti4 . . _ _ � � - i - ' ' � ' � � { e, i . - Sec. 10.02. Submission of Budget. Annually, the mayor shall submit to the council his recommended budgets� in 'accordance with a budget calendar to be established by ordinance. �Included with�the budgets shall be a recommended five-year capital improvement program. The proposed budgets �and improvement program shall then become a public record. Sec. 10.03. Bud�et Content and Budget Message. The budgets shall be a complete financial plan and shall include but not be limited to (1) the � • annual operating budget (including the city's share of the cost of operat- . ing any other governmental entities) , (2) the budget for the next fiscal year of the five-year long-range capital improvement program, and (3) the - city-owned utilities and self-supporting departments budget. The budgets _ shall contain such informatioxi and be in the form prescribed by ordinance and by law. Accompanying the budgets when submitted shall be a budget . message from the mayor outlining the important features of the budgets with appropriate explanatory comments. . Sec. 10.04. Budget _Limitations. The budgets sha11 be prepared within the � limitations contained in the following subsections. The taxing power of the city shall be limited as provided herein, and not otherwise. Sec. 10.04.1. The total of proposed expenditures shall not exceed � - 29 r ' � � the total of the estimated income or financing provisions in each - of the budgets. Sec. 10.04.2. The portion of the annual operating budget pro- vided by an ad valorem tax on real and personal proper.ty, except . for levie�s which were exempt from limitation by charter or statute as of July l, 1967, shall not exceed the amount specified in Section 10.04.3. ' Sec. 10.04.3. The amount provided by the real and personal property taxes specified in Section 10.04.2 shall be limited to 50 mills per one dollar of assessed valuation or $14,000,000 or the levy for the � - previous year, whichever is the greatest, unless an excess levy is authorized by ordinance. The amounts received from the State of Minnesota as replacement of real and personal property tax�s pursuant � to Ex. Sess. L, 1967, Ch. 32, Art. I, Sec. 4, or Art. XVI, Sec. 1, _ shall be regarded for purposes of this section as ad valorem tax on real and personal property. ? ,.^ ., � _ �,, - Sec. 10.04.4. If the portion of the annual operating budget subject to the limitations in this _charter is increased abov,e the amounts specified in Section 10.04.3, the increase must be,approved by ordi- _ - L , nance and thus be sub'ject .to,a" possible.referendum under,Section 9.05 of this charter. The amounts prov,ided� within the limitations of ,. . • . Section 10.04.3 or within the budget of the previous year may be � t _ - . - � approved by resolution. Sec. 10.05. Capital Improvement Budget. In the capital improvement budget, the council may authorize expenditures for capital improvements to be . � financed from the following sources: . 30 . . � 1. General obligation bonds as authorized in Section 10.12 of this charter. _ 2. Revenue bonds which are not secured by the full faith and credit of the city. 3. Funds received from such other sources as the council may deem appropriate, subject to pertinent provisions of t his charter. � , Sec. 10.06. Council Action on Budget. The council shall hold not less than four public hearings ,on tlie budgets ,provided for �in Section 10.03 at . _F R _ i , . . ' ' . times and places announced in advance. Each hearing after the first shall . a " � - t ' .� � . . ' . . i be at least one week. following _the previous one.` The council may revise ' _ ' � _ _ _ i ' � � R' � the budgets but may not reduce the appropriations for debt service and for � - _ rtx •- � -. �- ; - . meeting any existing obligations of the city. Upon completion of the hear- . � � � - • ings, and not later than the dat'e�pr'ovided by .the budget calendar, the council shall by a resolution, and ordinance if applicable, to be adopted - by an affirmative vote of at least four members, fix the amount of expendi- tures in dollars that may be made under these budgets. If the council fails to fix the amounts of the budgets for the next fiscal year, then the - amounts of the budgets for that year shall be the same as the budgets for the year in which the failure occurs. � � Sec. 10.07. Bud�et Appropriation. When the council has adopted a tax levy resolution, in accordance with Section 11.02, the sums fixed therein, to- _ gether with other sources of revenue provided in the budgets shall be appropriated at� the beginning of the next fiscal year for the purposes stated in th��resolution and budgets, except as otherwise provided in this charter. � - . . 31 • Sec. 10. 08. Amendments After Adoption, Supplemental appropriations, emergency appropriations, and transfers of appropriations m,ay be made, with respect to the budgets described in Sections 10. 03. 1 and 10. 03. 3, subject to the following limitations; ' Sec. 10. 08. 1. Supplemental Appropriations. If during the fiscal year, the controller certifies that there are available for appropria- tion total revenues in excess of those estimated in the budget, the council by ordinance may make such supplemental appropriations for the year up to the amount of the excess. Sec. 10. 08. 2. Emergency Appropriations. The council may by resolu- tion make appropriations to meet a public emergency as defined in Section 7. 06. To the extent that there are no available unappropriated revenues or balance in general fund surplus to meet the appropriations, • the council may by resolution authorize the issuance of emergency notes, which may be renewed from time to time. The emergency notes and the renewal of the notes of any fiscal year as are authorized at the time the budget is adopted shall be paid not later than the last tiay of the fiscal year after that in which the emergency appropriation was made. Payment of the notes authorized after the budget is closed shall be provided for in the next budget to be adopted by the council. Payment of the notes must be made within the budget limitations of Section 10. 04. Sec. 10. 08. 3. Reduction of Appropriations. If at any time during the fiscal year it appears probable to the controller that the revenue avai available will be insufficient to meet the amount appropriated, he shall report to the mayor and the council without delay, indicating the estimated amount of the deficit, and his recommendations as to • any steps to be taken. The mayor shall also make recommendations to 32 • ' the council, and the council shall take such action as it deems necessary to prevent or minimize any deficit and for that purpose it may reduce by resolution one or more appropriations. Sec. 10.08.4. Transfer of Appropriations: At any time during the fiscal year, the mayor may transfer part or all of any unencumbered . appropriation balances within a department, office, or agency, except_ appropriations for purposes exempt from taxing limitations under this _ charter or statute. Upon recommendation of the:�mayor, the council may by resolution transfer part or all of any unencumbered appropriation balance from one department, office, or agency to another. Prior to - any proposed transfer of funds authorized in this section, the con- troller shall certify to the mayor the accuracy of- the amounts proposed to be transferred. • Sec. 10.09. Lapse of A ppropriations. Every appropriation, except for capital outlay or debt obligation, or an appropriation specifically exempted ` from this provision by this charter or state or federal..law, shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. The funds from such lapsed appropriations shall be added to the general revenue fund surplus, from which appropriations may be made in succeeding years' budgets. _ - x � t - -' a -�. - �a Sec. 10.10. Lapse of Appropriations -- Capital Improvements. An appropria- tion for a capital, improvement shall continue in force until the purpose , _ .z . , - _ . , for which it was made has been accomplished or,_abandoi►ed as determined by resolution. When abandoned, the appropriation shall be. credited to a sep- _ , ' ,r .` - - arate contingent reserve account which may be used to finance other capital • �� . improvements in succeeding years' capital improvement_ budgets. _ - 33 , - • Sec. 10.11. Payments and Obligations Prohibited. No payment shall be made or obligation incurred against any appropriation unless there is a sufficient unencumbered balance in the appropriation and unless sufficient funds are or wiTl be available to cover the claim or meet the obligation when it becomes due and payable. Except where prohibited by law, nothing in this charter shall be construed to prevent the making or authorizing � of payments or making of contracts for capital �improvements when provision • �_ � �. ' - - � ; - • t = ; : • has been made for sufficient money to finance� the improvements. ; ; 4 , ! �—�� � s - -k �- � c ., _� ' � . ° . + . - ` �� s . Sec. 10.12. Issuance of�Bonds. j � _ - � . - � ! � Sec. 10.12.1. General Obligation Bonds --. up to $4,000,000. The council by resolution adopted by an affirmative vote of at least five < < _ , members, shall have the power without a vote of the elector.ate, to authorize the issuance of up to $4,000,000 of general obligation bonds • er ear for stated ur oses the amount for each P Y p p , purpose being set forth in accordance with the capital improvement budget, and pursuant to the'provisions of applicable state law relating to the issuance of bonds by cities of the same class as the city of Saint Paul. � � Sec. 10.12.2. General Obligation Bonds -- over $4,000 000. The council, by orclinance adopted by an affirmative vote of at least five members, shall have the power, without a vote of the electorate unless a peti- 1 . , 4 _ _• r � J ` tion is filed under Section 9.05 of this- charter, to authorize the issuance of �general obligation bonds in excess of $4,000,000 per year for stated purposes, the amount for each purpose being set forth in accordance with the capital improvement budget and pursuant to the provisions of applicable state law relating to the issuance of bonds � by cities of the same class as the city of Saint Paul. a' � Z a ` y� � I �* -^i - . � - � }" _ - � . , _ - 34 �• - t�_ . � . ,,� , , - . , � �, � i - . � - � . i � r Sec. 10. 12, 3, Net Debt Limit of City. The total net debts of the city • � created by the issuance of bonds shall not exceed ten per cent of the full and true valuation of the taxable real and personal property within the city as based upon the last report by the county auditor, as required .by law, containing the total full and true valuation of each class of taxable real and personal property within the city. In calculating the net debt, the obligations which shall be deducted from the gross debt shall include those obligations listed in Minnesota Statutes, 1965, Section 475. 53, as amended. Sec. 10. 12. 4. Permanent Improvement Revolving Fund Bonds. The council shall have the power, by resolution adopted by an affirmative vote of at least five members, without a vote of the electorate, to authorize the issuance of bonds for the purpose of creating or preserving a per- • manent 'u'nprovement revolving func���` or funds which may include a special assessment revolving fund or funds. Sec. 10. 12. 5. Sale of Bonds. All bonds so issued shall be sold pursuant to the provisions of Minnesota Statutes, 1965, Section 475. 60, as amended, and shall not be sold at less price than the full face value thereof with accrued interest. No bond or any part of the proceeds of any bond issued for the purpose of creating or preserving a permanent improvement revolving fund, or funds, or special assessment revolving fund, shall be used for any other purpose than the specific purpose for which the same may be issued, , Sec. 10. 12. 6. Tax Anticipation Certificates. The council by resolution, may, without a vote of the electorate, from time to time as the cash in the city's treasury is inadequate to meet city obligations��,s • they become due, borrow money and execute notes, bonds, tax � , ` . =. .,. - : _ . -3 r , _ � - • � . - . .�_ `.ti.- . . � � • I �i _ - " ` ' � ' � .' . . , 35 • � � anticipation certificates or other evidence of indebtedness of the � city therefor� and in amounts as the council may prescribe. The notes or tax anticipation _certificates shall be payable in the calendar year in which they are issued and may bear interest at a rate as the council shall determine. The loans shall at no time exceed the uncollected portion of the tax levy for the current year. , The principal-for repayment of the obligations or evidence of indebtedness sold in any one year on account of any fu'nd shall be a first charge on the monies received by the city' s treasury from the taxes levied for the fund in the year for which the obligations or evidence of indebtedness were sold and no part of the money shall be used for any other purpose until the principal and interest on the - obligations or evidence of indebtedness shall have been paid or the • monies for ,the payment thereof have been set apart in the city treasury, No tax anticipation certificates or other ,evidence of indebtedness shall be sold for less than par and accrued interest to date of delivery. Sec. 10.13. Faith and Credit of the City Pledged.- The faith and credit of the city is hereby pledged irrevocably for the prompt and faithful pay- ment of bonds or other indebtedness of the city as authorized in Section 10.12 of this charter or by applicable state law. Sec. 10.14, Revenue Bonds. The council shall have the power, by an affirma- - tive vote of at least five members, to authorize by ordinance the issuance and sale of bonds payable from the proceeds of revenue producing projects, _ ' .� .' � including, but not limited to,�revenue bonds for the construction, extension, � � . _ - . }" and improvement of the water`supply system of the city. Any ordinance � - � .: - . _ - , ,_ . - , . ' , , � � _ ,- . � � ' 1 1� • 1 'L , ♦ • i - �I� � ; _ • . � . � i 1 . � � � . r ' i � , � 1 i+� = Y ` . . � � 36 � authorizing revenue bonds may contain covenants and provisions to protect and safeguard the security of the holders of the bonds as shall be deemed - necessary to assure the prompt payment of the principal thereof and interest thereon, including limitations and restrictions upon the safekeeping and ' application of the proceeds of the bonds, the issuance of additional bonds, the safekeeping and investment of the revenues of the project and other - matters relating to the operation and maintenance of the project and the security of the bonds. The council shall determine the methods of imposing, maintaining, and collecting rentals, rates, and charges for the use of the project and for the services rendered thereby at least sufficient to produce adequate revenues to pay the cost of operation, repair, and upkeep of the project and the principal of and interest on the revenue bonds and to pro- vide reserves therefor and may secure the bonds by a pledge of and lien • upon the revenues of the project. - � - . � � � � y. _ a �, T _ � • _ '7 ' i { � — _ _ � � t , ' ' rs: � ' • '� :' ' � { + � , _ ' ' . _, L - " � _.t s „ � • � � . ` � f '+ - r - �` _ ' � . . � 1 � '. ' _ � ' ' . � , 37 • , CHAPTER 11 , TAXATION _ Sec. 11.01. Taxation. The council shall have full authority over the financial affairs of the city except as limited or prohibited by the state constitution, state laws, or this charter. This authority shall include the power, by ordinance, to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or pro- _ _ � hibited by the state constitution, state, laws, or this charter. � � L . � � Sec. 11.02.. ` Certification of Tax Levy. After�the adoption of the _ _ - . ,� - _ ' � - - -� � - �� - . budgets as prescribed in Section 10.06 ,of tliis charter, the council ' shall adopt a tax levy resolution showing the amount which must be provided by an� ad valorem tax on all taxable real and personal • property in the city. In addition to the amount required to be � - provided, the council in the adoption of a tax levy resolution may include a reasonable amount for tax shrinkage. The tax levy resolution shall be certified to the county auditor in accordance with law � or not later than November 15 of each year. . t • ' . , � ' 38 � � - k CHAPTER 12 , • _ � � f i ' i ► - � �� - ADMINISTRATION . - ' - � � " � - =► � _ , f : Sec. 12. O1. -"Administrative Power., Subject to the provisions of this ' charter and any ordinances rconsistent herewith, the mayor shall control r - . - , and direct the administration of the city's affairs. Administrative heads � r - ti , - of departments�created by the4administrative code or by ordinance, other , than the controller�s office, shall be appointed by the mayor with the �pproval of the council. Administrative heads of departments shall be in the unclassified service. Sec. 12. 02. - Creation of Departments. The existing departments and boards of the city government are continued unless changed by the • provisions of this charter or by ordinance. Prior to June 4, 1969, the council shall adopt by ordinance an administrative code providing for a complete plan of administrative organization of the �city government, provided that no more than nine departments, other than the controller's office,shall beestablished. When necessary and proper for carrying out the powers and duties of city government or the provisions of charter - or law, the council may by ordinance create, rearrange, and abblish departments, offices, and agencies other than the departments, offices, and agencies established by this charter. The council may assign by - ordinance additional functions or duties to departments, offices, or agencies established by this charter but may not discontinue or assign to any other department, office, or agency any function or duty assigned by this charter to a particular department, office, or agency. � � 39 CHAPTER 13 • - J PERSONNEL � - . -. Sec. 13.01. Merit System. A merit'system shall be permanently _ . , ' . established in the city of Saint�Paul. All appointments and promotions of city employees whose positions are defined� by Section,13,06 as in _ - - ' � , _ � t� � - �' - ' ri ' - � � - the classfied service shall be made solely on the basis of inerit and fitness demoristrated�by examination or other evidence of competence. Sec. 13.02. Civil Service Co�►ission. There shall be a civil ser- vice co�ission consisting of three members appointed by the mayor with ' the consent of the council for initial terms of two, four, and six years. As the initial terms expire, vacancies shall be filled for - terms of six years by appointment of .the mayor with the consent of • the council. All appointments shall be from among the qualified voters of the city who are in known sympathy with the application of merit principles to public employment. No member may hold any office or employment under the city. A member shall cease to be a member of the co�ission upon becoming a candidate for elective city office. No ' person shall be removed from the commission except for cause. The council may, by administrative ordinance, provide compensation and reimbursement of expenses for the commissioners. Sec. 13.03. Duties of the Civil Service Commission. Sec. 13.03.1. Appointment of the Director of Personnel. The civil service commission shall appoint, with approval of the _ council, a director of personnel who shall be selected in accor- - � � ' � � 40 � ance with civil service rules and shall be in the classified service. Sec. 13.03.2. Hearing of Grievances. Upon petition by an aggrieved employee, the commission shall, within a reasonable time, r conduct a hearing at�which_ all parties to. the grievance or their- representatives may be heard. Following such hearing, and without + - . _ ., � _ _ _ _ . : r , . delay, the commis'sion must ,make a ruling on the, grievance peti- tion, which shall have such binding effect as the civil service . • ` - f ..' rules shall prescribe.� • � - . ' . > Sec. 13.03.3. Studies. Tfie commission shal�l make studies at the request of the mayor or the council or on its own motion concerning the enforcement and effect of this chapter and the observance of the provisions and the rules established hereunder. • Sec. 13.03.4. Other Duties. The commission shall perform such related functions as the mayor and the council may prescribe. Sec. 13.04. Director of Personnel -- Duties. The director of personnel shall administer the personnel system of the city. Sec. 13.05. Civil Service Rules and Amendments Thereto. Subject to - the approval and direction of the civil service commission, the . director of personnel is to prepare and submit the personnel rules and amendments to the council. These rules shall contain all prac- tices and procedures necessary to the administration of the city personnel system. The council shall adopt these rules by admini- strative ordinance. The council may initiate and �dopt by legislative ordinance, with � . 40 � ance with civil service rules and shall be in the classified service. _ Sec. 13.03.2. Hearing of Grievances. Upon petition by an aggrieved employee, the commission shall, within a reasonable time, conduct a hearing at which. all parties to.the grievance or their representatives may be heard. Following such hearing, and without _ - i _ , _ • _ - - - • r . . � ' y delay, the commis's�ion must ,make a ruling _on the_ grievance peti- tion, which shall have such binding effect.as the civil service � • . • .a rules shall prescribe. � � Sec. 13.03.3. Studies. Tlie commission shall make studies � at the request of the mayor or the council' or on its own motion ' concerning the enforcement and effect of this chapter and the observance of the provisions and the rules established hereunder. � Sec. 13.03.4. Other Duties. The commission shall perform such related functions as the mayor and the council may prescribe. Sec. 13.04. Director of Personnel -- Duties. The director of personnel shall administer the personnel system of the city. Sec. 13.05. Civil Service Rules and Amendments Thereto. Subject to - the approval and direct2on of the civil service commission, the • director of personnel is to prepare and submit the personnel rules and amendments to the council. These rules shall contain all prac- tices and procedures necessary to the administration of the city , , y personnel system. The couneil shall adopt these rules by admini- strative ordinance. - The council may initiate and �dopt by legislative ordinance, with � . _ � - • � - 41 - + - - ` r , , , or ia��thout the concurrence �of the civil service �commission, personnel • rules or amendments relating to wages, hours, jinsurance amounts and eligibility, sick -leave, vacation pay, and similar benefits ancl responsibilities of any employee or employees. ` Sec. 13.06. Classified and Unclassified Services, There shall be a classified service which shall include all positions in the service of the city except the officers elected or appointed in accordance with this charter and such other positions as shall be exempted from the classified service in accordance with the provisions of Section 3.01.3, 3.01.7, and 12.01. The council may by administrative ordia- nance exempt additional positions from the classifi:ed service, if ' such exemptions are approved by the civil service commission. All classified employees shall enjoy the benefits and protection and • be subject to the civil service rules and no employee in the classi- fied service shall be discharged except for cause and upon such hearing as the civil service rules prescribe. Unclassified em- • ployees shall not be subject to the civil service rules except where � specifically included by council action. ' Sec. 13.07. Collective Bargaining Agreements. The council may, by resolution, recognize bargaining agents for appropriate employee; units and may, by legislative ordinance, ente� ir�to collective bargaining agreements which may contain provisions dealing with _ wages, hours, fringe benefits, working conditions, grievances,and•t arbitration of disputes, and union security which the council deems appropriate. To the extent such an agreement deals with matters • covered by the civil service rules, it shall not become effective r� � 42 unless approved by the civil�service commission. � Sec. 13.08. Prohibition of Payment. No disbursing officer of the city shall pay any� salary or compensation for services to any person holding a position in the classified service unless the payroll or account for the salary or compensation shall bear the certificate of the director of personnel that the persons named therein have been appointed or employed and are performing service in accordance with � =.' } the provisions of this charter and the rules established hereunder. : • t , • - -�.� � . ; ; - �, ? � ; ' Sec. 13.09. Permissive Joint Powers. The city may join with Ramsey County in the� es�tablishme,nt of a��joint citq-county civil � - - : ; _ � , : . service program to the extent permitted under and pursuant to the provisions of Minnesota Statute,jSectiori_ 471.59, notwithstanding • any provisions of this charter�to the contrary. • - 43 • , CHA.PTER 14 . _ ACQUISITION OF PROPERTY AND IMPROVEMENT PROCEDURES Sec. 14.01. Power to Acquire Property. The city may acquirg by purchase, gift, devise, condemnation, or exchange, or in any other legal manner, in fee or such lesser estate as the council deems necessary, any property either within or without its corporate boundaries, needed by it for any public use or purpose. Sec. 14.02. Power to Make Improvements. The city shall have the power . � to make any and every type of improvement not forbidden by the laws of this state. An improvement on two or more streets, or two or more types � ` �� _ - _ �' � of improvements'in or on the• same streetror`streetstor�different streets, may be included in one;proceeding and conducted as 'one improvement. • �i . � 'll�k, - ' - . �- . � � •' ., . �� Fr Sec. 14.03. Eminent Domain and;.Improvement. �:-Proceedings for improvements and the acquisition of property by condemnation sliall be as follows: Sec. 14.03.1. Preliminary Order. ` l. Improvements and acquisition shall originate upon petition of the property owners affected or upon the council's own initiative as the council may, by administrative ordinance, prescribe. Before adopting the final order provided herein, the council shall, by ' resolution entitled, "preliminary order," set a time and place for a public hearing thereon twenty days or more after the publication of the resolution. � 2. Not less than ten days prior to the hearing, notice of the hearing shall be mailed to each known owner of the affected property at his � last known address. 44 • 3. Failure to receive mailed or actual notice or any defects in the notice shall not invalidate the proceedings. Sec. 14.03.2. . Hearing --Final Order. 1. At the hearing, or at any adjour�ent thereof, the council shall hear all interested persons. It may thereafter discontinue, modify, or adopt the proposal by a resolution entitled "final order." 2. The "final order'! shall state the extent and kind of improvement , to be made, the property or interest to be condemned, the estate to be _acquired, and direct the proper city officers to proceed with the improvement, and/or the_condemnation. Sec. 14.03.3. Passage of Title -- Deposit. ' l. Should the council deem it necessary it may after the date of the "final _order," direct by resolution the payment of a sum of money into • the District Court to secure compensation to the owner of the property or interest in property being condemned, which amount shall be fixed by the Court in a sum not less than the true and full valuation of the . � property appropriated as fixed by the assessor and as finally equalized. 2. The title to property being condemned shall pass to the city upon payment of, the sum of money hereunder into the Court, and the city shall, thereupon, have the right to enter immediately upon the property _ appropriated, demolish any structure thereon or therein and proceed with the construction of the public improvement proposed by it. Sec. 14.03.4. -Awards -- Confirmation. . � . - ; �. . . 1. Upon the issuance of a "final order,", and in any other instance , where a condemnation: i's�directed,by the �council�, 'the proper officers shall View,the premises, and may subpoena and examine under oath any � , ', ` � •T person relative to. the value of the interest ,to be acquired by con- � demnation. . , - . ! . . � 1 _ . • __� , r � ` . ^ - � r � • . " 45 � . _ . . .. _ , ..t < i - . _ . � . , - . - _ - -_ , : � � _ . i ;� � � • - • � - 1�v � ' • � - 2, After the view, the evidence shall be weighed;, and the award of damages shall be fixed and reported to the council. The measure of damages shall be the fair market value of the property before the taking less the fair market value of the remainder, if any, after the taking. If a part of a tract of land is taken for an improvement, and the remainder is benefited by the improvement, and is to be assessed therefor, the amount of the assessment to be levied against the remainder - shall be offset against the award of damages. If the award exceeds the , amount to be assessed against the remainder, the award shall be the - , - difference. If the assessment against the remainder exceeds the award � of damages, then the excess shall be levied against the property as an assessment. � _ ` 3. Upon receipt of the report, the council shall set a time and place � • for a public hearing at which time it shall ratify and confirm the condemnation or taking, make an award of damages for the interest ac- . quired, and determine the assessment, if any, against the property benefited by the i.mprovement. 4. Ten days notice of the hearing shall ,be given by publication in the official paper. At least twenty days prior to the hearing, the notice shall be served on all persons found in Saint Paul, who have or claim ' any right, title, estate, lien or interest in _the property to be con- demned, in, the manner provided in the District Court Rules of Civil _ Procedure for the service of summons. If such persons cannot be found, I � in the city, or do not reside therein, the notice shall be served by registered mail addressed to the last known address of such persons twenty days prior to the..hearing. _ �' � � . :� > _ _ . . , s . .,. 46 • In the event that more than twenty-five per cent of any tract ' is taken, the affected property owner or owners may be granted an allowance not to exceed $150.00, or a larger amount as may be provided in the administrative code, on account of'expenses for appraisal and - legal services. • At the hearing, the council shall hear all interested persons, and thereafter shall by resolution ratify and confirm the taking of the interest deemed necessary for the improvement, adopt the assessment, if any, designate the date of possession by the city, and make an award of damages for the interest taken, indicating the persons entitled , thereto. . � Sec. 14.03.5 Appeals. - 1. Ariy person whose interest in property has been condemned or taken • may appeal, or an appeal may be taken on his behalf, from the ratifi- cation and confirmation of the condemnation or from the award of damages or both. A written notice of appeal must be filed with the city clerk within forty days of the ratification, confirmation, and award of damages. � " 2. The written notice of appeal shall specify the name of the appellant, a description of the property in which he has or claims an interest, the nature of his interest, and �the�objections he has to the condemna- � tion, or award, or both. . ,� , ;; ' f _ , . .r; _; , - , , , ��'L`3 3. Ten days after the notice of appeal has been filed with the city - � - _s _<. .a y � : �-, + , �_ - clerk, the notice'of appeal shall be filed wi'th the-clerk of the � , � . , . � 4. i � t t = _ - District Court. � } . • n ; - , � ' . y � ' 4. A person who does not file with the city .clerk a written notice of r � � a • F l I s � „t 47 • appeal within the time specified, or does not file the notice of appeal with the clerk of the District Court within the time specified shall be forever barred from proceeding with an appeal and trial in said court, and the condemnation and award shall be final. Sec. 14.03.6. Trial. 1. The appeal shall be tried in the District Court as other civil cases, pursuant to the District Court Rules of Civil Procedure and shall have preference over all other civil cases. 2. The property owner or the city shall be entitled to a jury trial as a matter of right. . 3. The amount of the award made by the council, and the resolution ' making the award, shall not be competent evidence at the trial, nor admitted as any type of substantive evidence or impeachment. - • Sec. 14.03.7. Deeds. When the condemnation and the award become final, the land owner shall provide the city with evidence of good . and marketable title in said property. Sec. 14.03.8. Interest. 1. The damages awarded in condemnation proceedings shall bear interest at the rate of six per cent per annum from a day sixty days after the date of the resolution of the council ratifying�and confirming the taking and making the award of damages. _ , 2. Subject to the provisions of Minnesota Statutes, Section 117.42, " in case the place of_ residence of any party. to whom_an award of damages is made is unknown, he cannot be found within the city, he _ „�• rt� _ - � _ � , � . - . is an infant or under legal disability, or, being legally capable, . � - . .. i � _ .. . ,� _ . refuses to �accept payment or to provide the evidence of title, or � � � � ; , _ ' - • . _. .,M , � . t, . R t . , _ - _ _ : _ � 48 ` � 9 - _ - `1 - �' -_ • . � to execute ,the deeds required, or if it be doubtful as to whom the � . - award should be paid, as certified by the city attorney; the city may pay the same to the clerk of District Court, to be paid out under the direction of the Court. Unless an appeal be taken, the _ deposit with the clerk shall be deemed a payment of the award, no � interest thereafter shall run against the city, and title to the property shall pass, if it has not passed previously. Sec. 14.04. Sale of Real Propertv. The council shall have the power to dispose of real property owned by the city in the manner provided by ad- ministrative ord'inance. The net cash proceeds of any transaction concern- ing the property shall be used to finance other improvements in the capital improvement budget, as authorized in Section 10.05 of this charter, or to retire any existing bonded indebtedness. • Sec. 14.05. Vacation of Streets, Allevs, and Public Grounds. 2'he council may, by ordinance adopted by an affirmative vote of at least five members, vacate any street, alley, or public grounds, or part thereof within the city. The vacation may be made only after published notice and an oppor- tunity for affected property owners and the public to be heard. The vacation shall be made upon the terms and conditions and in the..,manner provided by administrative ordinance. The council may condition any vacation upon oom- pensation being paid to the city. A notice of completion of the proceedings . shall be filed with the proper officers in accordance with law. Sec. 14.06. Eminent Domain -- Alternative Procedure. The city at its option may acquire real property by eminent domain as provided in � Minnesota Statutes, Chapter 117. � ,„ �: . - - . r , � �, . . - .�'' �, i . • . - i . ; - � . F - ' ' - - - + � - • _ . ' �. F � ' �_'r� - _ •.- � - 49 � CHAPTER 15 SPECIAL ASSESSMENT Sec. 15.01. Power to LeW Assessments. Tlie city shall have the power ' to levy assessments to pay all or any part of the cost of improvements e � - , , , _.e _ _ ' as are of a local character, but incno case shall the amounts assessed exceed the_ benefits�to the property. .f ` : ' ` ` <' - , .' ; • Sec. 15.01.1. 'Preliminary�Assessment. ' ' ' �� 1. After the date of the "final� order" described in Section 14.03.2.2 � i ' the proper city officers shall calculate the expenses incurred in making the improvement. 2. Thereafter, an assessment roll shall be prepared, which shall include assessments against property benefited by the improvement, • without regard to whether such abuts the improvement. The roll shall be filed and open to public inspection. - 3. In estimating the benefits to any particular lot, piece, or parcel of land, the proper city officers shall consider the owners' interest therein, the form and position of the several parcels of land, the qualified rights of the owners, and any other circumstances rendering the improvement beneficial to him or them. 4. Notice of public hearing at which the council shall consider the assessment roll shall be published in the official paper not less _ than twenty� days before such hearing. At least ten days before the hearing, notice thereof shall be mailed to every known owner of property subject to an assessment at his last known address, 5. At the hearing or 'at any adjournment thereof, the council shall • . 50 • hear all persons relative to the assessment. Thereafter by resolution, ' it shall adopt the assessment roll with or without amendment. Sec. 15.01.2 Charge for Services. The council may provide, by ordi- � nance, that the cost of any services such as street cleaning, street flushing or niling, and tree trimming to streets, sidewalks, boulevards, or other public or private property undertaken by the city may be ' charged against the property benefited, Service charges shall be collected and levied in like manner as are special assessments. The council shall have the power to abate nuisances on any particular , property and shall have the power to collect the costs of such abate- ment as a special assessment in the manner provided in this chapter. Sec. 15.01.3. Reassessment. In the event the council finds an assess- � ment or any part thereof is defective, inadequate, or invalid, the • council may make, upon notice and hearing to those persons affected in the manner provided for the original assessment, a reassessment or a new assessment or a supplemental assessment as to the parcel or parcels. Sec. 15.01.4. Appeal. _ 1. Within twenty days after the order adopting the assessment, -or making a reassessment, a new assessment, or supplemental assessment, any person may appeal to the District Court by filing a notice of - appeal with the city clerk stating the grounds upon which the appeal � - • � s , . ,, , is taken. Such no,tice shall be filed with the clerk of the District Court within ten days after the filing with the city clerk, 2. The only defense to an assessment shall be that the assessment is fraudulent, or that it is made upon a demonstrable mistake of • . ; M - , � - _�. � ti .., . . 51 — r • ' � ., _ ,t + - � 14_ �oy � -�- . ' � .�� . i „ . -- � , - . c : � ' � ' � ° _- r _' , . � �; : , c� � 1 s� � • - fact or law, or that the assessment is in an"'amount` in excess of � . the actual ,benefits to the `property. The'jurisdiction of the court , { :F , shall not be affected by any error, act; or�omission not affecting 4` ' the substantial rights of any person. 3.� A person who fails to file the notice of appeal with the city clerk within the time specified, or fails to file the notice of appeal with the District Court within the time specified shall be forever barred and concluded from proceeding with an appeal and trial in said court, and the assessment shall be final. 4. In case of an appeal, the appellant shall pay to the city an amount designated by administrative ordinances for a copy of the assessment roll or any part thereof. This copy shall be certified to by the proper city officers and filed by the appellant in the ! , District Court. Sec. 15.01.5. Trial. � 1. The appeal shall be tried in the District Court as other civil cases, pursuant to the District Court Rules of Civil Procedure, and shall have preference over all other civil cases. 2. The court shall either affirm the assessment or set it aside and determine the lawful amount thereof. 3. If the court approves the assessment, �it shall make an order affirming it and render judgment against each lot, part, or parcel of land for, the amount of the assessment. , Sec. 15.0]..6. Collection. . 1. The council shall provide by administrative ordinance the manner in which the assessment sfiall be collected, the rate of interest and • � - , . , � * . 52 � penalty to be charged thereupon, and the date from which the interest � shall first accrue. 2. The county a'uditor shall include in the tax rolls as a portion of the • total to be collected by the county treasurer any assessment or installment thereof, together with accrued charges, due and payable under the terms of the administrative ordinance. The amounts so included shall be collected in the same manner as are county and state taxes and shall , � - . be subject to the same penalties, cost, and interest charges as are state and county taxes. . . i � _ � , 3. �very assessment shall be a lien upon all private and public property from the date of the resolution adopting the assessment. Such assess- _ � , . . ments and interest shall be of equal rank with the lien of the state for _ � general taxes which have been or may be levied upon the property. `—i Sec. 15. 02. Special Assessment-- Alternative Procedure. The city , ` at its option may follow the special assessment procedures as provided in Minnesota Statutes, 1965, Chapter 429. _ . • • r ' ' • � • 4 " i " ' 1 ` - .. _ . ( _ - ' � � ' , ' S4 • council and serve terms consistent with their elected term of office. Three members shall be resident citizens of Saint Paul, who shall not be either elected or appointed officials of the city of Saint Paul nor em- � ployees of the city, such members to be appointed for initial terms of two, four, and six years. As the initial terms of inembers expire, vacan- cies shall be filled for terms of six years. All vacancies, by resignation _ or otherwise, shall be filled by the mayor with approval by the city council upon notification by the board. The board shall elect annually one of its members to be president of the board and one of its members vice-president, and may make by-laws, rules, and regulations for its gov- ernment not inconsistent herewith, subject to the approval of the city council. The compensation of the board, and of all officers and employees, sha11 be fixed by the city council, . • ' Employees of the board shall be considered employees of the city of Saint Paul. Except as modified by this charter or state law, the board and its employees shall in all respects be subject to and subordinate to all provisions of this charter and the ordinances, administrative ordi- nances, ar_d resolutions enacted in pursuance thereof. _ The board of:water commissioners shall exercise all authority for the operation of the water utility as provided by Chapter 110, Special . Laws of Minnesota for 1885, which is incorporated herein as fully and effectively as if set forth�herein verbatim. ; � _ _ . . ? • M " : � � � . _ : - • , �`, � ' _ ' ' . - . h . . x • - 55 � CHAPTER 17 � - FRANCHISES ' Sec.� 17.01. Franchises Required. Except as otherwise provided by law, no person, firm, or corporation shall place or maintain any permanent or semi-permanent fixtures in, over, upon, or under any street or public place for the purpose of operating a public utility without a franchise therefor from the city. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. Every ordinance granting a - franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make a sufficient deposit with the clerk to guarantee publication before the ordinance is passed. • Sec. 17.02. Term. No exclusive or perpetual franchise shall ever be granted. No franchise for a term exceeding twenty years shall be effec- tive until approved by a majority of the electors voting thereon. ' Sec. 17,03. Public Hearing. �.Be'fore any, franchise �or-dinance is adopted s _ i " " " � � a � ',' � _ • i or any rates, fares, or prices to be charged by a public utility are in- ' '_ • - �_ * - " , creased by the council, the -council shall hold a_ public hearing on the . . - • . ' ,.� � { - , � - T: matter. Notice of such hearing shall be published at least once in the t - ' - . � '' _ a official newspaper not less than ten days prior to the date of the hearing. . ,. � - � Sec. 17.04. Power of Re�ulation Reserved. Subject to any applicable law, the city shall have authority to reasonably regulate and control the exercise of any franchise and shall include in the franchise ordinance • 56 � procedures for the reasonable regulation by the council of any franchise including procedures for establishing reasonable rates, fares, or prices to be charges by, the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rat�s, fares, or prices under any applicable law, ordinance, or regulation or in pro- ceedings for municipal acquisition of the grantee�s property by purchase or eminent domain. Sec. 17. 05. Renewals or Extensions. Every extension, renewal, or modi- fication of any existing franchise or of any franchise granted hereafter . shall be subject to the same limitations and shall be granted in the same manner as a new franchise. � Sec, 17. O6. Gross Earnings. Eve�ry corporation or person exercising any • franchise in, over, under, or upon any of the streets or public places or elsewhere in the city, shall pay to the city a franchise fee in a sum equal to at least five per cent of the gross earnings derived or accruing from the exercise or enjoyment within the city of any franchise. This section shall apply to all franchises granted prior to the adoption of _ this charter and to all other franchises unless the ordinances granting the franchises shall exempt the grantees and others holding through or � , under them from the franchise feeP. . - _ --� Sec. 17. 07. Grantee�s Agreement. No extension, modification, or change of any franchise heretofore granted, or of any condition or limitation affecting such franchise� shall be valid or effectual unless the person ' or corporation ho3:ding such franchise shall, in writing, agree that such � � � , ' � " . � 57 • '_ - ' - • ` �.. . , , _ . � - , _ ' - . � � fi ' . � v i • _ • franchise together with any extension,. modificatio'n, or change shall be held and used subject to all the�conditions and limitations prescribed in this charter, including the payment of a franchise fee of at least five per cent of the gross earnings, unless the franchise holder is specifi- cally relieved of the payment as provided above. Sec. 17.08. Grantee's Acceptance of Charter Provisions. No franchise shall be granted to any person or corporation now holding or hereafter acquiring any franchise heretofore or hereafter granted by the city, unless such person or corporation shall agree, in writing, that the franchise so held or so acquired, as well as the new franchise, shall � both be held and exercised subject to all the conditions and limitations prescribed in this charter, including the payment of the franchise fee • of at least five per cent of the gross earnings, unless excused as pro- vided above, Sec. 17.09. Additional Restrictions. The city shall have the power through the council or other proper manner to impose other terms, condi- tions, and restrictions additional to those prescribed by this charter, upon the grant of any right, privilege, or franchise, including suitable . provisions that the whole or any part of the property used in the exercise ' or enjoyment of any right, privilege, or franchise shall upon the expira- tion thereof become the property of the city upon payment of reasonable compensation therefor. . • � � 4 r ' . . 58 . CHAPTER '18 : GENERAL PROVISIONS Sec. 18.01, Official Publications. Ai�nua,�,�.y_;:i.�h��=eounci�:��s,lia�11 designate a newspaper, printed in the English language in the city of Saint Paul and qualified under the laws of Minnesota to publish � legal advertisement, as its official newspaper. % . Sec. 1'8.02. Matters to be Published. Any matter required by law to - be published as well as other matters the publication of which the council may deem in the public interest shall be published at least one time in the official newspaper, which publication shall be complete on the first day of its issuance. , • Sec. 18.03. Current Files. The city clerk shall keep a properly indexed current file of all city ordinances and resolutions, and this ` file shall be available for public inspection during the customary working hours observed by city employees. Copies of ordinances, resolutions, and charter amendments shall be distributed or sold to the public at reasonable prices to be fixed by the council. , Sec. 18.04. Oath of Office. Every elected or appointed official of the city shall, before entering upon the duties of his office, take and subscribe an oath in substantially the following form: " I do . solemnly swear ( or affirm ) to support the Constitutions�oft"the United States and of the State of Minnesota and to discharge faith- _ fully the duties devolving upon me as (. . . . title of office. . . .) of the • � city of Saint Pau� to the best of my judgment and ability." �� . ., � _ . . . : • ; _ , <�� . _ _ . L - ' _ , - .r - . . . , s . ` • - 5 .°�` _+�• ' _ + � • C' , a ' � 59 • f - Sec. 1'8.05. Personal Financial Interest. Any city officer or employee who has a financial interest, direct or indirect, in;r any matter or any contract with the city or in the sale of any land, material, supplies or services to the city or to a contractor sup� plying the city shall conform to all statutory law and in addition thereto shall make known that interest and shall refrain from voting upon or,otherwise participating in his capacity as a city ' officer or employee in the making of such sale or in the making or performance of such contract. Any city officer or employee who willfully conceals such a � financial interest or willfully violates the requirements of this section shall be gui,lty of malfeasance in office or position and � shall forfeit his office or position. Violation of this section • with the knowledge express or implied of the person or corporation , contracting with or making a sale to the city shall render the contract or sale voidable by the city council or by a court of competent jurisdiction. . Sec. 1$,06. Prohibitions. 1. No person in the classified service of the city or seeking admis- sion thereto shall be appointed, promoted, reduced, removed, or in � any way favored- or discriminated against because of his race, color, sex, religion, national origin, or political opinions or affiliations. 2. No person in the unclassified service shall solicit a contribution �, _ i -'- , ,� r, f . ♦ y . . � • - or assessment for any political purpose' from any`person in the ' classifed service. No .person .in`the 'service of tlie city`shall use his - . ` _t < < . , *� - . , • official authority to influence or coerce" the political action of . ..,� 7. . ' � ♦ f i • t . l • 60 • any person or body or to interfere with any nomination or election to any public office,or during his hours of duty, engage in any � political activities. + Sec. 18.07. Incapacitated Firemen or Police Officers. Any fireman � or police officer injured in actual service and thereby rendered incapable of performing his duty shall receive full pay during the period of incapacity not exceeding twelve months. In the case of disability through injury or� sickness other than as hereinbefore t • - � . ' mentioned, such fireman or police officer shall, notwithstanding, . . such injury or sickness, receive his salary" for a period not exceeding a • six months. The city council may increase the benefits hereunder by appropriate action through the administrative code. � Sec. .18,08. Official Bonds. The mayor, controller, and all other officers or employees of the city as may be required by ordinance, shall each, before entering upon the duties of his respective office or employment, give a bond to the city as security for the faithful performance of his official duties and the safekeeping of public . funds, in the form and amount as may be fixed by the council . The , bonds may be either individual or blanket bonds at the discretion of the council. They shall be approved by the council, approved as to form by the city attorney, and filed with the council. The premiums on such bonds shall be paid by the city. � Sec. 18.09. Charter Amendment. Amendments to this charter may be framed and proposed in accordance with the manner prescribed by the � Miinesota Statutes. � , 61 • Sec. 18. 10. Separability. If any provision or application of this charter is held invalid ' by a court of competent jurisdiction, no other provision or application of this charter shall be affected thereby. If the application of this charter or any of its provisions to any persons or circuxnstances is held invalid,-� , `' ��n* �-._�»ri��iction, the application of this charter f ' ' � . - � � , . shall not be affi � + + I , . - • . Sec. 18. 11. P� , , l U - � exist on the da' - � - , ' � .. i - � - tinue in effect � '" changed by ch� . � • � `' �. � _ I . I _ I ___ � l �/ � - - ! + -- f , .� � I , ✓ � I �� ' � /"t � o� `�` ,� � � � 4 I t f ' a . � Z � `` ` �ZitX�"L �'— C�� i � , ✓ � �� _ � . �. ���. � - _� � � { � �r � � �. � � � , b , �/ , -� � . ��� i � . ; , ► � � �� � � � ►� ►� _ � �. • � . ��t.i,l,( � � - " �° ����� � _ � ; . �________ � _ - - _ _ ___ _ -- � - - . A� . � , _ , - ; _ -. 62 ' � CHAPTER 19 . � � , � TRANSITIONAL PROVISIONS Sec. 19.01. Existing Ordinances. All ordinances or parts thereof a�n force when this amendment to the charter takes effect and not inson- sist�nt* herewith shall continue in force until amended or repealed. All rights, actions, proseeutions, and contracts of_ the city or for its � . benefit, a11 recognizances, bonds, obligations, and instruments entered into by or executed to the city, all fines, taxes, penalties, and forfeitures due or owing to the city or any board or department thereof, and all writs, prosecutions, actions and causes of action, shall be valid and continue unaffected by this amend�e_nt to the charter. \ • Sec. 19.02. Succession to Rights and Privileges. The city shall - succeed to all the property, rights, and privileges, and shall be subject to all legal obligations of the city in existence prior to this amendment. Sec. 19.03. Transfer of Records. It shall be the duty of all boards, - commissions, and officers whose powers or duties are vested in others by this amendment to the charter, to turn over all books, records, property�� and funds to such others; and if any board, commission, , or office be abolished without the duties thereof being vested in others, the incumbents thereof shall turn over all books, records, property, and funds to such office, department, board, or other agency as the mayor shall direct. • � , � - _ . - 63 Sec. 19.04. Status of Employees and Officers. All persons holding - � probationary or regular appointments to positions in the classified - service at the 'time this charter amendment takes effect, shall retain their positions until discharged, promoted, or transferred: in accordance with the provisions of this charter and the rules established _ � - � - , ,: � : ' � :_ _ _ _ ` _ hereunder. ` - - �, . All persons, holding positions' �in the unclassified �service prior } _ - - � a _ � _ � - .- � _f � .. ' - . � _ - ��� to the enactment of this amendment and now pl'aced in the classified � � � � • . _ ' service by .thesadoption of this 'charter amendment and having held y � - ' such positions continuously dur�ng the five-year period immediately prior to the time this charter amendment takes effect and meeting the requirements of positions as established in the classified service, shall retain their positions and shall have all rights and privileges • , to which they would have been entitled if their positions had been in the classified service prior to the effective date of this amend- ment; except that employees in the unclassified service whose posi- tions become classified and have held their positions less than five years but have had ten or more years experience in the classified . service of the city in the department in� which they are serving • when this amendment to the charter takes effect shall be continued in their positions as though appointed to them in accordance with the provisions ,of this charter. All other persons holding positions placed in the classified service by the adoption of this amendment may hold their positions at the pleasure of the appointing officer for a period of not more than two years and shall continue to hold , all rights, but only such, as they held immediately prior to the � effective date of this charter amendment. Whenever there is a vacancy 64 . in any such position or following the expiration of the two-year � period, the position shall be filled in the manner herein provided for filling such positions in the classified service. Employees' in the classified service whose positions become unclassified shall be continued in their positions with the same rights and privileges until the first Monday of July two years after this amendment to the charter becomes effective. The rights of persons under this section, whether in classified or unclassified service, shall not be diminished or otherwise affected by any change in job title. 4 - Sec. 19.05. Employee Rights and Salaries. All rights of employees, such as vacation,�- sick leaves, and pension�;and retirement allowances, accrued at the date of adoption of this amendment to the charter, • � shall be unaffected by the adoption of this amendment to the charter. , No salary of any city employee at the date of adoption of this amend- , ment to the charter shall be reduced as a result of the,adoption of this amendment to the charter. Sec. 19.06. Pending Condemnations, Improvements, and Assessments. Any condemnation, improvement, or assessment proceeding in progress when this charter takes effect shall be continued and completed , . - ' � � _ . - � under the enactments underiwhich such proceedings were begun; and . assessments may be levied and securities issued for the financing - - . , , � .� . . - _ ,. , _ � _ s thereof as prescribed by the enactment applicable thereto. � - All assessments levied by the, city prior to the time when this . ' .�amendment to the charter takes effect shall be payable and the lien • thereof enforced in the same manner as if this charter amendment had . not been adopted. ' 65 t ': ,� _ ' - - � � , Sec. 19. 07. Actions to Make.Charter Effective. The council shall by � ordinance; resoliition, �or o.ther appropriate action take such steps as - t t � - • •_ t � _ �P ' ' • ' may be riecess�ary to carry out and;make effective the provisions of this , �� _ . , amendment ,to the charter. . �'�' � - � . �.Y ',� ` IL . ` d `i � � � s } Sec. 19. 08. Actions Referring to Boards and Officers. Statutes, ordinances, resolutions, or parts thereof in force when this amendment to the charter takes effect, and not' inconsis�ent therewith, which may refer to any existing board, commission, department, officer, or employee shall be construed to refer to the board, commission, department, officer, or employee having the same or similar powers or duties under this charter, or ordinances, or resolutions adopted pursuant thereto. Sec. 19. 09. � Statutes not Affected by Charter. All general laws and • statutes of the state applicable to cities of the same class as the city of Saint Paul operating under home rule charters, and not inconsistent with the provisions of this charter, shall apply�to the city of Saint Paul, and shall be construed as supplementary to the provisions of this charter. Sec. 19. 10. Acting Heads of Departments Appointed. Pending adoption of the appropriate administrative ordinance establishing departments, � � the mayor may designate and redesignate with the approval of the council from among the employees of the departments of Finance; Public Works; � Public Safety; Public Utilities; Parks and Recreation and Public Buildings; and Libraries, Auditorium, and Civic Buildings; persons to serve as `- acting department heads and also continue in a civil service position without altering their civil service status. • - ' - . ,: .-�' 66 i r � ! � . � a.f � - - , _ �. • Sec. 19..11.�� Exceptions t'o the Effective Date �of this Charter. Chapter 7..r 1 : i ' S .� . �, 8 of this charter shall become effective on January 1, 1968, except . . k ,. . � � . . , - . that the elective officials described iri Section 2.01 shall be first elected by a primary city election to be held March 12, 1968 and a ' r � i � . ' � � ' general city election to be held April 30, 1968. The term of all officials elected at _the April 30, 1968 general city election shall begin June 4, 1968 and' they shall remain in office until their successors have been elected and qualified. The next primary and general city elections under this charter shall be held in the year 1971 at the time and in the manner prescribed in Chapter 8 of this charter. Sec. 19.12. Laws Superseded. All city ordinances, resolutions, orders, • and regulations which are in force when this charter becomes fully ef- fective are repealed to the extent that they are inconsistent or interfere with the effective operation of this 'charter or of ordinances or resolu- tions adopted pursuant thereto. To the extent that the constitution and laws of the State of Minnesota permit, all laws relating to or affecting this city or its agencies, officers, or employees which are in force when this charter becomes fully effective are superseded to the extent that they are inconsistent or interfere with the effective operation of this charter or of ordinances•or resolutions adopted pursuant thereto. • , • Sec. 19.13. Statutes Continued. Without limitation by their enumeration, the following mentioned and described laws of the Legislature of the State of Minnesota heretofore enacted and ma�e , -,. - applicable to the city of Saint Paul are hereby expressly continued . � ' � 67 . in force and effect and made a part of this charter, provided, however, � that if any enumerated law denies to the city a power granted by this charter, then this charter shall prevail: Special Laws 1876, Chapter 212, as an.zended by Special Laws . 1881 Extra Session, Chapter 73, providing for the equalization of taxes in the County of Ramsey. ' Special Laws 1887, Chapter 108, providing. for a plat commission . of Ramsey County. The following portion of Sectionl, Chapter 64, Special Laws 1889: "The said building (Cou�t House and City Hall) when completed shall be in charge of a joint committee of seven to be appointed as follows: The�mayor of the City of St. Paul shall be ex-officio a mem- ber and chairman of said committee. Three (3) of said committee shall be appointed annually by the president of the common council of said city from the members of said council, and three (3) shall be � appointed annually by the chairman of the board of county commissioners from the members of said board. Said �ommittee sha11 'have entire charge of said buildings, and shall have the power to appoint such janitors, custodians and other employees as they shall deem necessary for the proper care and management of said building and at such com- � pensation as said committee s�halll determine. The expense of keeping • said building in repair and the necessary expense of heating and maintaining the same, shall be paid equally by said city and county, that is to say, .one=half thereof out of the treasury of said city and one-half out of the treasury�of�said county. " Provided'that in the foregoing the term "common council" shall mean "counc�il u:nder this charter" and the phrase, "president of the common council, " shall mean mayor of the City of St. Paul under this charter: � - _ - - . � � , :_� _ �_ _ ' ' : + ' � � - _ : ��- � ` { Laws 1947; Chapter'305, pertaining to working hours of employees of the fire department of the city of Saint Paul. � _ ={4 � + �: � " �j - - .. Laws 1955, Chap'ter 15�1, as amended by Laws 1963, Chapter 271, relating to police pensions in the City of Saint Paul. Laws 1955, Chapter� 353, �as amended by Laws 1957, Chapter 664, as amended by Laws 1961, Chapter 435, as amended by Laws 1963, Chapter 556, ` relating to the Ramsey County and City of Saint Paul , joint participation in the establishment, operation, and mainte��,�q�Gof;i� detention f&cilities, workhouse, -workfarm or any combination t�ereof. _ , Laws 1955, Chapter 375, as amended by Laws 1961, Chapter 376, . as amended by Laws 1963, Chapter 221, as amended by Laws 1965, Chapter 790, ,as amended by Laws 1967, Chapter 644, and Chapter _ 708, relating to Firemen�s Relief Association in the City of Saint Paul. � Laws 1957, Chapter 237, pertaining to closing of City Hall on Saturdays. - _ � . - . � �' � 6 8 � - - � , . . �. , • - ;�.. . _ - � � � � � e : - . t , . . - r r . - t „ - . • Laws 1959; Chapter 201, authorizing-the City of Saint Paul and the County of Ramsey to pay current joint liability. a " ` Laws 1959, Chapter 329, pertaining to automobile allowance to - be paid to City officers or employees for the use of their own . automobiles in their performance of public duties. Laws 1959, Chapter 372, relating to the furnishing of police service to any contracting village located in Ramsey County . by the City- of Saint Paul or the Sheriff of Ramsey County. Laws 1959, Chapter 430, relating to the regulation and control • by the City of Saint Paul of the parking of motor vehicles on parking facilities owned and operated by the City of Saint Paul providing penalties for the violation thereof. ' ' _ Laws 1959, Chapter 542, as amended by Laws 1961, Chapter 548, . as amended by Laws 1967, Chapter 797, relating to the purchasing program of �the County of Ramsey and the City of Saint Paul. Laws 1959, Chapter 549, authorizing the City of Saint Paul to elect to be an employer pursuant to Minnesota Employment Security Law. Laws 1959, Chapter 550, establishing a fee schedule and setting _ � the compensation for jurors to the justice court of the City of Saint �Paul. Laws, 1959, Chapter 690, as amended by Laws 1961, Chapter 549, - as amended by Laws 1963, Chapter 729, as amended by Laws 1965, Chapter 659, as amended by Laws 1967, Chapter 488, relating to severance pay in the city of Saint Paul. Laws 1961; Chapter 547, providing for vacations for officers and employees of the City of Saint Paul. Laws 1961, Chapter 679, providing for and authorizing the City' of Saint Paul and the City of West Saint Paul to enter �nto a joint agreement for the supply of ,water to the City of West Saint Paul and its inhabitants. . Laws 1963, Chapter 268, relating to establishment of regular - pay periods in the City of Saint Paul. Laws 1963, Chapter 269, relating to the instruction of election judge�i�,in^thenCfh�y. dfLSaa�nt;�`Eaul.��at-�. Laws 1963, Chapter 420, relating to the marking of patrol vehicles in the City of Saint Paul. � - . , _ � C � . � 69 � Laws 1963, Chapter 514, relating to the 5aint Paul Housing and Redevelopment Authority and providing for seven commissioners and technical advisory committee. Laws 1963, Chapter 726, relating to the membership of the City of Saint Paul in state and national associations._ Laws 1963, Chapter 728, pertaining to the Ramsey County League of Municipalities. Laws 1963, Chapter 851, as amended by Laws 1965, Chapter 783, as amended by Laws 1967, Chapter 810, relating to the City of Saint Paul and retirement of employees thereof and certain benefits therefor. � y e � Laws 1963, Chapter 881, ,=as amended by Laws 1967, Chapter 499, providing for and authorizing the City of Saint Paul to issue its general obligation bonds`for urban renewal development purposes. � •_- . � - : . Laws 1965, Chapter 211, authorizing the investment of municipal �;funds inx bank savings certifieates by the City of Saint Paul. , . _ . , - 'F +t_y� -� , , Laws�1965, Chapter 213, permitting the appointment by the City �� of Saint Paul of a Dep�tzty;•_City Clerk and prescribing his duties and,powers.: , � _ ; ; � , Laws 1965, Chapter 693, as amended by Laws 1967, Chapter 185, authorizing the City of Saint Paul to self-ins.ure for tort liability and providing the method of financing such liability. Laws 1965, Chapter 781, providing for mandatory retirements of certain employees of the City of Saint Paul. Laws 1965, Chapter 782, relating to C,i�y of Saint Paul's providing _ for insurance coverage for elected officials. Laws 1965, Chapter 866, relating to any commission established by ordinance in the City of Saint Paul to regulate in the field of civil rights and granting certain powers and providing for judicial review. Laws 1967, Chapter 442, permitting the City of Saint Paul to exer- cise the powers and procedures provided by Minnesota 5tatutes Section 429.' Laws 1967, Chapter 459, authorizing the City of Saint Paul to issue - , bonds to provide funds to construct, reconstruct, remodel and equip a civic center, exhibition hall and auditoriusn and to acquire land therefor. , Laws 1967, Chapter 472, authorizing the Saint Paul City Council to � provide for residence requirements of City employees. 70 Laws 1967,� Chapter 473, providing for certain payments to the � City of Saint Paul by the Ramsey County Welfare Board for prosecuting violations of laws. Laws 1967, Chapter 505, peftaining to cooperative agreements for the construction, operation and maintenance of storm water sewer facilities between the City of Saint Paul, the Village of ' Maplewood and R�msey County. Laws 1967, Chapter 529, authorizing the City of Saint Paul to make certain payments to the surviving spouse of a deceased employee. � Laws 1967, Chapter 682, providing for delayed assessment of improvements to residential real estate in the City of Saint Paul. • �, '- - z r � 4 _ � _ _ ' ,f + -+ y - _ ..y - r . \�a 1 -_t � � ' T � � - , _ '� , * • . •� _ . I _f � ... - �.. a � ;�: - ' f �