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2092051. r, e File No. X92o5 —By James J. a sh; with remarks — Bernard T. (� id — Frank L. Loss — Robert F. i' ORIGINAL ili CITY CLERK '� : Ih _�r: CITY OF ST. PAUe �" rail *on Rom! — George ,T.: s OFFICE OF THE CITY 4V`ff�� COUNCIL RESOLUTION— GENLErAeT -ORIM vd b4+ PRESENTED BY COMMISSIONE DAT —_ oe WHEREAS, the Charter Commission has ubmitted to the Council a proposed amendment to the Charter of the City of Saint Paul, which is attached hereto and made a part hereof, therefore, 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, Minnesbta, on the 6th day of November, 1962 Cwhich is the same day the County and State general election will be held) for the purpose of submitting to the electors of said City the question of ratify- ing and adopting the proposed amendment to the Charter submitted by said Charter Commission; and be it FURTHER RESOLVED, that the City Clerk is hereby ordered and directed to cause the full text of said proposed amendment to be published as required by law once a week for two (2) weeks in a newspaper of general circulation in the City of Saint Paul, which newspaper shall have an aggregate regular paid circulation of at least twenty -five thousand copies and 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 expense account of the General Fund; and be it FURTHER RESOLVED, that the_City Clerk is hereby ordered to give notice of said election in the manner provided by law, and that the registration records on file in the Bureau of Registration and Elections of the City Clerk's office shall be used 'as provided by law; and be it FURTHER RESOLVED, that the proper City-officers are hereby authorized and directed.to 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 election expense account of the General Fund; and be it COUNCILMEN Yeas Nays Dalglish Holland Loss Mortinson Peterson Rosen Mr. President, Vavoulis 10M 8-62 In Favor Against Adopted by the Council 19— Approved 19— Mayor ORIGINAL TO CITY CLERK CITY OF ST. PAUL COUNCIL�1 OFFICE OF THE CITY CLERK FILE NO. COUNCIL RESOLUTION — GENERAL FORM PRESENTED BY COMMISSIONER DATE - Yei Page 2. FURTHER RESOLVED, that the City Qlerk'is hereby authorized and directed to give such notice and do whatever else is necessary for the - submission of said proposed amendment at said election in the manner prescribed by law; and be it FURTHER RESOLVED, that the polls at said special election shall remain open during the hours provided by law, and the polling places and the judges and clerks of said special election shall be the same as those acting in said County and State general election. Jays tosen Mr. President, Vavoulis sort "2 $EP 2 5 1962 Adopted by the Council 19— SEp 2 5 1962 Approved 19— n Favor Mayor Against VA f 4� TO THE HONORABLE MAYOR OF THE CITY OF SAINT PAUL: The annexed is a draft of a 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 36, Article 4 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 ratifica- tion in the manner provided by law. l Dated at Saint Paul, Minnesota this a/ S7 day of September, 1962. x PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF SAINT PAUL Amend Sec. 3 to read as follows: "Sec. 3. The said City of Saint Paul shall be and is hereby divided into twelve (12) wards, to be called the First (1st), Second (2nd), Third (3rd), Fourth (4th), Fifth (5th), Sixth (6th), Seventh (7th), Eighth (8th), Ninth (9th), Tenth (10th), Eleventh (11th), and Twelfth (12th) Wards, respectively, limited and bounded as follows:- The First (1st) Ward shall be bounded by the following described lines: Beginning at the intersection of the northetn.:b.oundary of the City and the center line of Mississippi St.; thence east on the northern boundary of the City to the intersection of the Northern Pacific Railway right of way; thence southwest on the Northern Pacific Railway right of way to the intersection of the center line of Grove St. extended; thence west on the center line of Grove St. extended and the center line of Grove St. to the inter- section of the center line of Mississippi -St.; thence north on the center line of Mississippi St. to the point of, beginning. The Second (2nd) Ward shall be bounded by the following described lines: Beginning at the intersection of the northern boundary and the eastern boundary of the City; thence west on the northern boundary of the City to the intersection of the Northern Pacific Railway right of way; thence southwest on the Northern Pacific 1 • Railway right of way to the intersection of the center line of Brook St. (vacated) thence southeast on the center line of Brook St. (vacated) extended to the intersection of the Mississippi River; thence southeast along the Mississippi River to the intersection of the south boundary of the,City; thence east on the southern boundary of the City to the intersection of the eastern boundary of the City; thence north on the eastern boundary of the City to the point of beginning. The Third (3rd) Ward shall be bounded by the following described lines: Beginning at the intersection of the center lines of Jackson St. and Grove St.; thence northeast and east on the center line of Grove St. and the center line of Grove St. extended to the intersection of the Northern Pacific Railway right of way; thence southeast on the Northern Pacific Railway right of way to the inter- section of the center line of Brook St. (vacated); thence southeast on the center line of Brook St. (vacated) extended to the Mississippi River, thence southwest along the Mississippi River to the intersec- tion of the center line of Jackson St. extended; thence northwest on the center line of Jackson St. extended and the.benter line of Jackson St. to the point of beginning. The Fourth (4th)Ward shall be bounded by the following described lines: Beginning at the intersection of the center lines of Jackson St. and 13th St.; thence southeast on the center line of y Jackson St. and ,the center line of Jackson St. extended to the 2 • Mississippi River; thence southwest along the Mississippi River to the intersection of the center line of Eagle St. extended; thence northwest on the center line of Eagle St. extended and the center line of Eagle St. to the intersection of the center line of Kellogg Blvd.; thence northwest on the center line of'Kellogg Blvd. to the intersection of the center line of Summit Ave.; thence northeast on the center line of Summit Ave. and the center line of Summit Ave. extended to the intersection of the center line of Wabasha St.; thence northwest on the center line of Wabasha St. to the center line of Columbus Ave.; thence northeast on the center line of Columbus Ave. to the intersection of the center line of Robert St.; thence northwest on the center line of Robert St. to the intersection of the center line of 13th St.; thence northeast on the center line of 13th St. to the point of beginning. The Fifth (5th) Ward shall be bounded by the following described lines: Beginning at the intersection of the center line of Kellogg Blvd. and the south line of College Ave. extended; thence southeast on the center line of Kellogg Blvd. to the intersection of the center ' line of Eagle St.; thence on the ,center line of Eagle St. and the center line of Eagle St. extended to the Mississippi River; thence southwest along the Mississippi River to the intersection of the center line of Edgcumbe Road extended south; thence north on the center line of Edgcumbe Road extended and the center line of Edgcumbe • Road to the center line of Hamline Ave.; thence north on the center line of Hamline Ave. to the intersection of the center line of St. 3 0 Clair Ave.; thence east on the center line of St. Clair Ave. to the intersection of the center line of Pleasant Ave.; thence north- east on the center line of Pleasant Ave. to the intersection of the center line of S. Western Ave.-; thence north on the center line of S. Western Ave. to the intersection of the center line of Irvine Ave.; thence northeast on the center line of Irvine Ave. to the center line of Walnut St.; thence northeast to the point of beginning. The Sixth (6th) Ward shall be bounded by the following described lines: Beginning at the intersection of the southern boundary of the City and the center line of Charlton St.; thence west on the southern boundary of the City to the Mississippi River; thence northeast and southeast along the Mississippi River to the southern boundary of the City; thence west on the southern boundary of the City to the intersection of the center line of Bidwell St.; thence north on the center line of Bidwell St. to the southern boundary of the City; thence west on the southern boundary of the City to the intersection of the center line of Charlton St.; thence south on the center line of Charlton St. to point of beginning. The Seventh (7th) Ward shall be bounded by the following described lines: Beginning at the intersection of the center lines of S..Hamline Ave. and St. Clair Ave.; thence east on the center line of St. Clair Ave. to the intersection, of the center line of Pleasant • Ave.; thence northeast on the center line of Pleasant Ave. to the 0 0 intersection of the center line of S. Western Ave.; thence north on the center line of S. Western Ave. to the intersection of the center line of Irvine Ave.; thence northeast on the center line of Irvine Ave. to the center line of Walnut St.; thence northeast tD the intersection of the center line of Kellogg Blvd. andkthe south line of College Ave. extended; thence northwest on the center line of Kellogg Blvd. to the intersection of the center line of Summit Ave.; thence north- east along the center line of Summit Ave. to the center line of Marshall Ave.; thence west along the center line of Marshall Ave. to the intersection of the center line of Louis St.; thence north on the center line of Louis St. to the intersection of the center line of Marshall Place; thence west on the center line of Marshall Place to the intersection of the center line of Farrington St.; thence north on the center line of Farrington St. to the intersection of the center line of Carroll Ave.; thence west on the center line of Carroll Ave. to the intersection of the center line of N. Lexington Parkway; thence south on the center line of N. Lexington Parkway to the'inter- section of the center line of Marshall Ave.-; thence west on the center line of Marshall Ave. to the intersection of the center line of N. Hamline Ave.; thence south on the center line of N. Hamline Ave. to the Point of beginning. The Eighth (8th) Ward shall be bounded by the following described lines: Beginning at the intersection of the center lines of N. 0 Dale St. end Carroll Ave.; thence east on the center line of Carroll 5 L Ave. to the intersection of the center line of Farrington St.; thence south on the center line of Farrington St. to the intersection of the center line of Marshall Place; thence east on the center line of Marshall Place to the intersection of the center line of Louis St.; thence south on the center line of Louis St. to the intersection of the center line of Marshall Ave.; thence east on the center line of Marshall Ave. to the intersection of the center line of Summit Ave.; thence northeast on the center line of Summit Ave. to the intersection of the center line of Rice St.; thence northwest and north on the center line of Rice St. to the north boundary of the City; thence west on the north boundary of the City to the intersection of the center line of N. Dale St.; thence south on the center line of N. Dale St. to the point of beginning. The Ninth .(.-9th) Ward shall be bounded by, the following described lines: Beginning at the intersection of the center line of Rice St. and the-northern boundary of the City; thence east on the northern boundary of the City to the intersection of the center line of Mississippi St.; thence south on the center line of Mississippi St. to the intersection of the center line of Grove St.; thence west and southwest on the center line of Grove St. to the intersection ,of the center line of Jackson St.; thence northwest on the center line of Jackson St. to the intersection of the center line of 13th St.; thence southwest on the center line of 13th St. to the intersection of the center line of Robert St.; thence southeast on the center line of Robert St. to the intersection of the center line of Columbus Ave.; thence southwest on the center line of Columbus Ave. to the inter- section of the center line of Wababha St.; thence southeast on the center line of Wabasha St. to the intersection of the center line of Summit Ave. extended; thence southwest on the center line of Summit Ave. extended and the center line of Summit Ave. to the intersection of the center line of Rice St.; thence northwest and north on the center line of Rice St. to the point of beginning. The Tenth (10th)Ward shall be bounded by the following described lines: Beginning at the intersection of the north and west boundary of the City; thence east on the north boundary of the City to the intersection of the center line of N. Cleveland Ave.; thence south on the center line of N. Cleveland Ave. to the.intersection of the northern boundary of the City; thence east on the north boundary of the City to the intersection of the center line of N. Snelling Ave.; thence north on the center line of N. Snelling Ave. to the intersection of the center line of W. Hoyt Ave.; thence east on the center line of W. Hoyt Ave. to the intersection of the center line of N. Hamline Ave.; thence north on the center line of N. Hamline Ave. to the intersection of the north boundary of the City; thence east on the north boundary of the City to the intersection of the center line of N. Lexington Parkway; thence south on the center line of N. Lexington Parkway and the center line of N. Lexington Parkway extended through Como Park to the intersection of N. Lexington Parkway; thence south on the center line of N. Lexington Parkway to the intersection of the center • line of University Ave.; thence west and northwest on the center line h 0 of University Ave. to the intersects on of the west boundary of the City; thence north on the west boundary of the City to point of beginning. The Eleventh (11th) Ward shall be bounded by the following described lines: Beginning at the intersection of the west boundary of the City and the center line of University Ave.; thence southeast and east on the center line of University Ave. to the intersection of the center line of N. Lexington Parkway; thence south on the center line of N. Lexington Parkway to the intersection of the center line of Marshall Ave'.; thence west on the center line of Marshall Ave.to the intersec- tion of the center line of N. Hamline Ave.; thence south on the center lines of N. Hamline Ave., Edgcumbe Road and Edgeumbe Road extended to the Mississippi River; thence southwest and northwest along the Mississippi River to the center line of Emerald St. extended; thence north on the west boundary of the City to the point of beginning. The Twelfth (12th) Ward shall be bounded by the following described lines: . Beginning at the intersection of the north boundary of the City and the center line of N. Lexington Parkway; thence east on the north boundary of the City to the intersection of the center line of N. Dale St.; thence south on the center line of N. Dale St. to the intersec- tion of the center line of Carroll Ave.; thence west on the center line of Carroll Ave. to the intersection of the center line of N. Lexington Parkway; thence north on the center line of N. Lexington Parkway and the • 1center line of N. Lexington Parkway extended through Como Park to the intersection of N. Lexington Parkway; thence north on the center line of N. Lexington Parkway to the point of beginning. 8 • The Common Council shall not have authority to change the boundary lines of said wards but may prescribe election districts therein." Amend Sec. 4 to read as follows: "Sec. 4. A general municipal election shall be held in the City of Saint Paul in the year 1964 on the last Tuesday in April and biennially thereafter." Amend Sec. 15 to read as follows: "Sec. 15. Upon the payment by said candidate to the City Clerk of the 'City of Saint Paul of the sum of Twenty -five Dollars ($25.00), the City Clerk shall place the name of said candidate upon the primary election ballot." Amend Sec. 16 to read as follows: "Sec. 16. Any candidate so filed may withdraw from the primary election by filing an affidavit of withdrawal with the City Clerk not later than 12 o'clock noon of the day after the last day for filing affidavits of candidacy, and thereafter no candidate may file an affidavit of withdrawal from the primary election. A candidate may withdraw from the general election any time after the primary election by filing an affidavit of withdrawal with the City Clerk, but not during the 28 days preceding the general election." Amend Sec. 21 to read as follows: "Sec. 21. The two candidates for mayor and the two candi- dates for comptroller receiving the highest and next highest number • of votes in said primary election for the respective office for which 9 they are candidates, and the twelve candidates for the council receiving the twelve highest numbers of votes for nominations thereto, and the candidates for the Board of Education of twice the number of members to be elected to said Board receiving the highest number of votes for nomination to said Board, shall be declared the nominees and the only nominees for their respective offices at the next ensuing City election. In the same manner, the two candidates for each office to be elected for other city offices shall be declared the nominees and the only nominees-for their respective offices at the next ensuing city election." Amend Sec. 27 to read as follows: "Sec. 27. Whenever a vacancy shall occur in the office of any officer elected by the people, except judges of the municipal court, such vacancy shall be filled by election by the counci'0 or, in the case of the Board of Education, by said Board, and the officer thus elected shall hold office until the first Tuesday in June folt lowing the next general municipal election. The officer elected at said next general election to fill such vacancy shall be elected for the unexpired term of such vacancy. Any officer removing from the city, or any officer who shall neglect or refuse for ten days after the beginning of his term, or notice of his appointment, if appointed, to qualify and to enter upon the discharge of the duties of his office, shall be deemed to have vacated his office, and the council or Board of Education, • respectively, shall proceed to fill the vacancy as herein prescribed." Amend Sec. 28(a) to read as follows: 10 • "Sec. 28 (a). There shall also be elected judges of the municipal court, whose number and terms shall be as established by state law. The terms of office of said judges shall be six years from and after the first Monday in June next succeeding their elec- tion, and until their respective successors shall have been elected and qualified. There shall also be nominated1:and elected according to the provisions of law such justices of the peace and such constables as are by law provided, and from districts and in such manner as the laws direct." Amend Sec. 29 to read as follows: "Sec. 29. An election for the recall of any officer elected by the people shall be held whenever a petition, signed by registered voters of the city equal in number to not less than twenty -five ( 25) per cent of the total vote cast for the office of mayor at the last preceding general municipal election, demanding the removal of the officer therein named, shall be filed with the city clerk." Amend Sec. 31 to read as follows: "Sec. 31 Each signer to such petition shall be a registered voter at the time of signing and shall write thereon, in ink, his name, the street and number of his ,'residence, and the ward and precinct of his residence.,, Each separate page of the said petition shall have appended thereto a certificate, verified by oath, that each signature was signed by the person so purporting to have signed the same in the presence I 11 n of the person making such certificate. Any name appearing on the petition not complying with the foregoing requirements shall be stricken therefrom by the City Clerk by marking opposite the same, 'Stricken by the City Clerk', and no names shall be counted which have not been verified as hereinbef ore provided." ' Amend Sec. 37 to read as follows: "Sec. 37. Other candidates for such office may be nominated in the same manner as is provided by law for primary elections. The affidavit of candidacy shall be filed with the City Clerk not later than 21 days before the recall election. The filing fee shall be that as specified in Section 15." Amend Sec. 39 to read as follows: "Sec. 39. All polling places shall be open from seven (7) o'clock in the morning until eight (8) o'clock in the evening on the day of the recall election." Amend Sec. 43 to read as follows: "Sec. 43. In so far as may be practicable this amendment shall go into effect January 1, 1914, and all City elections taking place subsequent to that date shall be held under this Charter. For all purposes it shall take full effect upon the first Tuesday in June, A. D. 1914, and all officers elected under this Charter shall take office on that day." Amend Sec. 44 to read as follows: • "Sec. 44. The terms of office of all officers of the 12 40 City of Saint Paul in office prior to the first Tuesday in June, A. D. 1914, unless otherwise provided in this charter, shall ter- minate upon said first Tuesday in June, at 10 o'clock in the morning, but all of said officers shall remain in office until their successors have been elected or appointed under the terms of this charter and shall have qualified. Any person violating this section shall be guilty of a misdemeanor." Amend Sec. 45 to read as follows: "Sec. 45. The salaries of elective officers of the City of Saint Paul shall be paid in equal monthly installments out of a 'City Officers' Salary Fund;; which is hereby established and shall be as follows: Mayor, $11,500 per annum; Comptroller, $11,000 per annum.' Commissioner of Finance, $10,500 per annum; Commissioner of Public Works, $10,500 per annum; Commissioner of Public Safety, $10,500 per annum; Commissioner of Libraries, Auditorium and Civic Buildings, $10,500 per annum; Commissioner of Parks and Recreation and Public Buildings, $10,500 per annum; Commissioner of Public Utilities, $10,500 per annum; provided that the salaries named in this section shall be full remuneration for all services of said officers to the City of Saint Paul of whatever kind and character, and provided fur - ther,,that all said officers shall devote their entire time and ener- gies to the service of said city." Amend Sec. 46 to read as follows: • "Sec. 46. Regardless of other provisions of this charter, 13 U the City Council is hereby authorized and empowered by ordinance to fix, and from time to time ref ix, the salaries of all officers and employees of the City and of the Board of Education 'who are not elected by a vote of the electors of the City, except the employees holdin g positions in the unclassified service in the Board of Education, whose compensation shall be fixed, and from ,time to time refixed, by said Board of Education." Amend Sec. 48 to read as follows: "Sec. 48. Every person appointed to office under this Charter except employees holding positions in the Classified Service shall, before he enters upon the duties of his office, take and subscribe an oath of office, in the form prescribed by the general statutes of this State, and file the same with the Comptroller." Amend Sec. 51 to read as follows: "Sec. 51. There shall be procured by the.City Purchasing Agent, through competitive bidding, the following categories of bonds to the City of Saint Paul: 1. A Position - Schedule Bond to cover all elected officials of the City and the Board of Education, including the acts of deputies, in minimum amount of $10,000.00 for each such official; also such other positions and for such amounts as are determined by the City Council or the Board of Education. 2. A Public Employee Blanket Bond may be acquired cover- ing employees of the City and the Board of Education not included • in the Position Schedule Bond, the Blanket Bond to be in minimum 14 • 0 amount of $2,500 per employee per loss (collusion included). Amounts of the Position Bond and minimums in the Blanket Bond and positions to be included in the Position Bond shall be determined so as.to be adequate to protect the City of Saint Paul in accordance with the exposure to loss in each instance. Considera- tion should be given to the avoidance of exorbitant premiums. These bonds shall be approved as to form by the Corporation Counsel and as to amount by the City Council or Board of Education so as to bind said officials and employees for the faithful perform- ance-of their respective duties. The Council or Board of Education shall have the power to add any conditions it may see fit, change the amounts where it is thought necessary, or add official positions to the Position Schedule Bond. After Council or Board approval, the ` bonds shall be filed with the Comptroller, and copies thereof shall be filed with the Commissioner of Finance. Should any person not qualify for coverage under the bond covering his position, he shall have the opportunity to execute, furnish or file an individual bond to the City of Saint Paul, written by a company qualified under the laws of the State to do such business in Minnesota, in the amount applicable to his official position. Such bond shall be approved as to form by the Corporation Counsel so as to bind said person for the faithful performance of his duties. Said bond shall be approved by the Council or Board and filed with the Comptroller, and the City may pay the premium therefor. 15 • Any person failing to qualify for coverage who refuses 'or neglects to furnish an individual bond as herein provided shall thereby f orf eit his of f ice or position. The City shall be reimbursed by the Board of Education and the Water Department for'.the amounts of premiums for officers, .members and employees of their respective departments. All official and employee bonds to the City of Saint Paul shall be written by companies qualified under the laws of the State to do such business in Minnesota." Amend Sec. 53 to read as follows: "Sec. 53. The terms of office of all officers elected under this Charter, except members of the Board of Education and Municipal Judges, shall be two years and until their successors are elected and shall have qualified. Such term shall date -from the first Tuesday in June of each even numbered year. The terms of office of members of the Board of Education shall be six years, to date from the first Tuesday in June,af£er their election and until their successors are elected and shall have qualified. All elective officers of the City shall hold office subject to removal in the manner provided for in this Charter. All persons in the service of the City of Saint Paul, including the employees of the Board of Education, whose terms of, office have not been specifically fixed, shall hold their places • 16 • from month to month after appointment until removal under the terms of this Charter or State law. Except as provided in Sec. 46 hereof the titles, salaries, and general duties of said employees, except employees holding posi- tions in the Unclassified Service in the Board of Education, shall i be fixed by the Council from time to time; titles, salaries, and general duties of employees holding positions in the Unclassified Service in the Board of Education shall be fixed by said Board. Remuneration of persons in the employ of the City of Saint Paul shall be uniform for like services in all departments a.rid Boards. In all City employment, the hours of work constituting a wcr king day shall be set by the City Council except in cases of emergency, of which the executive head or executive board of the department de- claring the emergency shall.be the judge, and except in this Charter otherwise provided, no officer. or employee shall be required to work in excess of the hours constituting a working day as set by the City Council, and each employee shall be entitled to not less than two days' rest therefrom in every seven days. Officers and Employees of the City, except those of the Board of Education, shall be granted a vacation in each year with pay as hereinafter provided, the time thereof to be fixed by the head of the department in which such per- son is employed. The Board of Education shall have authority to grant a vacation each year to any unclassified officer or employee of said Board. • The City Council may by resolution or ordinance provide 17 w. E for the granting of vacation, with or without pay, to all its regularly employed employees or officers upon such terms and under such conditions as said governing body may determine, subject to such conditions as to length of service with such municipality as said City Council may require. After the effective date of this amendment the City Council may consider the total length of service of employees or officers with such municipality in establishing the extent of vacation to which officers or employees shall be entitled. The Board of Education shall have authority to provide for the granting of vacation, with or without pay, to any officer -or employee of said Board, other than an employee holding a position in the Classified Service in said Board of Education, upon such terms and under such conditions as said Board of Education may determine and subject to such-requirements as to length of service with such municipality as said Board of Education may require. After the effective date of this amendment the Board of Education may consider the totAl length of service of employees or officers with such municipality in establishing the extent of vacation to which its officers or employees shall be entitled. Except as hereinafter provided, the City Council may by ordinance provide for rules and regulations establishing sick leaves, and for such other benefits and em6luments as may improve the public service including hours of employment. The Board of Education shall have authority tb:provide for rules and regulations 18 0' establishing sick leave and for such other benefits and emoluments as may improve the public service, including hours of employmet, for any officer or employee of 'said Board other than an employee holding a_position in the Classified Service in said Board of Education; upon such terms and under such conditions as said governing body may determine. No officer or employee of the City or Board of Education shall receive extra pay for extra labor or work done in an emergency except by majority action d: the City Council approved by the Mayor and Comptroller,,,or by majority action of the Board of Education. Whenever any depart- ment head shall declare an emergency, the same shall be reported at the next succeeding meeting of the Council or Board, giving in detail the circumstances creating the emergency, and-the re- port shall become a*public record. By majority vote the Council or Board may direct that the work of the department of Board proceed on a normal basis." Amend Sec. 57 to read as follows: "Sec. 57. Immediately upon taking the oath of office, it shall be the duty of the Mayor to assign one member of the newly elected Council as Commissioner of Public Safety, one member of said Council as Commissioner of Libraries, Auditorium and Civic 19 n LJ Buildings, one member of said Council as Commissioner of Public Works, one member of said Council as Commissioner of Parks and Recreation and Public Buildings, one member of said Council as Commissioner of Public Utilities and one member of said Council as Commissioner of Finance." Amend Sec. 59 to read as follows: "Sec. 59. When in his judgment any councilman, as councilman, or as head of any administrative department, has not conducted the business of the city honestly, faithfully and with reasonable skill, it shall be the duty of the Mayor to file with the City Clerk charges against said officer, and on the filing of said charges with reasonable specifications as to the concrete instances of dishonesty, unfaithfulness or incompetency charged, it shall be the duty of the Council to try publicly the truth or falsity of such charges, and if they be found true and of sufficient gravity to indicate dishonesty, unfaithfulness or incompetency on the part of the accused, the Council shall remove said accused from office. At the trial of said charges the Mayor shall not sit as presiding officer or as a member of the Council, nor shall the accused sit as a member, nor shall either be permitted to vote on the question of removal. Provided, that an affirmative vote of not less than four members elected to the Council shall be required to remove any elective officer from office. All charges and pro- ceedings in connection with such removal shall be entered in the • journal of the Council and become a permanent public record." RE E Amend Sec. 60 to read as follows: "Sec. 60.. When in the judgment of the Mayor any officer or employee appointed under the provisions of,this Charter is not performing his duties honestly, faithfully and efficiently, the Mayor shall so notify the officer or the body having the power of I appointing said officer or employee, stating the facts as specifi- cally.as may be, and shall ask such appointing officer or body to remove said officer or employee. If said appointing officer or body so requested refuses or neglects to act, then the Mayor may in his discretion prefer charges seeking the removal of said of- fending appointive officer or employee by an order in writing ad- dressed to.the appointing officer or body and containing specific reasons for the removal. Said officer or employee may, if he wishes it, have the power to reply to the Mayor's charges and may, before so replying, demand a bill of particulars which the Mayor shall furnish as fully as practicable, and such charges, such letters of removal, such statement of particulars and such reply shall be filed with the City Clerk as a permanent public record of the City.. Any such removal shall be in accordance with applicable State law. Further proceeding hereafter should be held in accord- ance with the provisions of this Charter and of the rules promul- gated thereunder. Provided,'however, that the Mayor shall not have power to remove any officer or employee appointed by the Comptroller or Board of Education." Amend Sec. 66 to read as follows: 21 • II "Sec. 66. The Mayor shall have power to employ an ad- ministrative assistant and a secretary, which'positions shall be in the unclassified service, and such other assistants as the Council shall by ordinance designate at his request and at such salaries as it may fix." Amend Sec. 67 to read as follows: "Sec. 67. The Mayor shall exercise such other powers and perform such other duties as may be prescribed by State law, by this Charter, and by any ordinance not in conflict with the provisions of this Charter." Add a new Section to be inserted following Sec. 71, to be known as Sec. 71(a) and to read as follows: "Sec. 71(a). Each department and bureau of this City shall make a complete report of its financial transactions in detail, in such form as the Comptroller may direct, to said Comptroller and to the Council through the Mayor not later than March 15 of each year covering the business of the next preceding year. Included in this report, or in a separate report directed to the Council through the Mayor, shall be a description, in appropriate detail, of all activities, business and programs of such department or bureau." Amend Sec. 72 to read as follows: "Sec. 72. The Comptroller may appoint, and at his pleasure may remove, a Deputy Comptroller, who shall perform such duties as • the Comptroller may prescribe. During the absence of the Comptroller 22 • from the City, or his inability for any reason to discharge the duties of his office, the Deputy Comptroller shall act in his place and stead and shall have the same powers and duties as the Comptroller. The Comptroller and the sureties on his bond shall be liable for the acts of the Deputy Comptroller the same as if they were done by the Comptroller. The Comptroller may also appoint such other assistants and employees as,may be necessary for the performing of the duties imposed upon him by law as the Council may authorize at the sugges- tion of the Comptroller. It is the intent of this Charter that the Comptroller shall have sufficient help to carry out the duties prescribed under this Charter, and it is the duty of the Council to carry out this intent." Amend Sec. 73 to read as follows: "Sec. 73. It shall be the duty of the Comptroller to make an exhaustive examination, at least once a year, into the - accounts and methods of each department or office with which he keeps controlling accounts and to report the resultsof such examinations to the City Council in such form as to be understood by the average Layman. He shall from time to time compile statistics showing in summary or detailed form, as his judgment may dictate, the state of the City's business. Annually as soon as practicable after January 1 of each year, and in any event not later than May 1, said • Comptroller shall make a complete report upon all the business of 23 0 the City for the last previous fiscal year an I d shall present it I carefully collated and indexed to the Council, and said Council shall cause it to be printed forthwith in an edition of a reason- able number of copies, which shall be distributed to the public free of charge upon.application to the Comptroller." Amend Sec. 74 to read as follows: "Sec. 74. Not later than the 15th day of each month, or as soon thereafter as is practical, the Comptroller shall submit to the Mayor and each Councilman a summary report of the status I of all funds, showing, among other things, total available appro- priations, expenditures to date, reserve and unencumbered balance. Concurrently the Comptroller shall deliver to each department or bureau a detailed statement with the same information as above." Amend Sec. 95 to read as follows: "Sec. 95. No claim for services shall be allowed unless' the person rendering such service has his name'-enrolled with the Civil Service Commissioner as in the employment of the City and the class, grade,,rate of compensation and department in which employed are specified on said roll, except'as in this Charter otherwise pro- vided. All claims for services by the day or hour must be supported by an adequate time report showing services rendered. Claims for supplies for emergency repairs must be certified to by the Purchasing Agent setting forth, facts constituting the emergency. No requisition shall be certified or honored by any City officer or employee unless 0 it shows on its face that the Comptroller has certified that there 24 0 are available funds to pay for the thing requisitioned. No claim for general supplies in bulk in anticipation of requisitions therefor shall be allowed,unless such supplies have been duly delivered to the City and duly inspected.- Whenever supplies are bought in bulk by the Purchasing Agent in anticipation of requisitions there- for, said Purchasing Agent shall make such report as the Comptroller may prescribe, giving all details as to prices, amounts, cost, evi- dences of delivery, and all other details necessary for the protec- tion of the City. When satisfied as to all details the Comptroller shall draw a proper warrant covering such claims as have been satis- factorily proved, and shall apportion the payments to the several departments so that each shall pay for the supplies actually pur- chased for and to be used by that department. 'Each item shall be charged to the appropriate fund. Except for supplies so bought in bulk, no claim for supplies shall be allowed unless supported by a requisition approved by the Comptroller; and unless prices thereof are certified by the Purchasing Agent as correct, and unless properly inspected. Where purchases are made under contract, claims for payment thereof shall not be allowed unless the contract has in all respects been complied with. All contract work must be properly inspected and reported upon as done in accordance with the terms of the contract, and all materials as complying with specifications; must be approved by the department for which it has been performed; must have been covered by the bond' required under this Charter, and the contractor must make affidavit 25 e that all claims for services and material used in connection there. - with have been paid in full to date, before any claim shall be al- lowed or paid by the City. No final claim or estimate on any con- tract work shall be paid until the contract is fully completed and properly accepted by the proper City officers as provided for in this Charter. No claim for extra labor or material shall be allowed unless the cost thereof has been fully agreed upon by the department for which the labor or material is furnished and the contractor, and a memorandum of said agreement has be6n filed with the Comptroller and countersigned by him prior to the furnishing of-such extra labor or material. All disbursements expressly required by the laws of the State or to maintain the credit of the City shall be allowed subject to the ruling of the Corporation Counsel as to their legality. All disbursements authorized by the Council from moneys under the direct control of the Council may be allowed by the Comptroller on receipt of such authorization and subject to the terms thereof." Amend Sec. 96 to read as follows: "Sec. 96. The limitations in the last preceding sections shall not apply to claims against the County Welfare Board of the , City of Saint Paul and County of Ramsey and the City Hall and Court House Committee. On recommendation of the Comptroller the Council may provide by ordinance for such arrangement as said Comptroller emay be able to make, and which he and said Council may deem desirable, 26 I , with the County of Ramsey for monthly and semi- monthly settlements of all claims against the City for the City's share of the expenses of the County Welfare Board of the City of Saint Paul and County of I Ramsey and the City Hall and Court House Committee; provided, that before payment, all such claims shall be audited by the Comptroller." Amend Sec. 100 to read as follows: "Sec. 100. The positions in the civil service of the City of..Saint Paul are hereby divided into two classes, namely: the Classified Service and the Unclassified Service. The Unclassi- fied Service shall include the following positions: s A. All positions filled by election of the people. B., All heads:.-,of executive departments. C. The positions of administrative assistant and a s.ecr-e tary for the Mayor and the position of one deputy for the head of each executive department. D. In the Board_of Education, the superintendent, all teachers, instructors, principals, supervisors of teachers, coun- selors, psychologists and other professional educational employees. The Classified Service shall include all other offices now existing and all officers and employees holding places not ex- cepted from said service. It shall also include all other offices which may hereafter be created unless express -ly - exempted therefrom." Amend Sec. 101 to read as follows: "Sec. 101. The Civil Service Commissioner is hereby authorized and empowered to frame and submit to the Council for its 27 approval rules and regulations for the Classified Service, and such approval shall be given by an ordinance which shall set out in full such rules. Such ordinance need not be published in the offi- cial paper but may be printed in pamphlet form. When so approved such rules shall have the force and effect of law. Such rules and regulations may be amended or repealed with the consent of the Council in the same manner as provided for original adoption. The Commissioner shall keep a record of all orders and of all examinations held pursuant to the provisions hereof and shall make suitable and proper investigations concerning the enforcement and effect of this Charter and of the rules provided for herein. Said Commissioner shall report to the Mayor at least once each year and otherwise as often as he may require. The rules herein provided for shall provide, amongst other things: A. For a Classification Plan showing all classes of posi- tions in the Classified Service. B. For open competitive examination to test the relative fitness of all applicants for such positions. C. That public notice be given of all such examinations at least ten days in advance thereof, in at least one newspaper of 1 general circulation, and also by posting such notice in the Court House and City Hall. D. For the creation of eligible lists upon which shall • be entered the names of successful candidates in the order of their • rating in the examinations. Such lists shall ", however, not remain in force more than two years. , E. For-the rejection of otherwise' eligible candidates who fail to comply with the reasonable requirements of the Commis- sioner with regard to age, qualifications, residence, sex, or physi- cal condition, or who have been guilty of crime or of infamous or disgraceful conduct, or who have attempted any deception or fraud in connection with an application or examination, or who have been dismissed from the public service for delinquency or misconduct, or who have directly or indirectly given or promised to give any money, service, or other valuable thing to any person for or on account of their examination, appointment or proposed appointment. F. For the appointment, to fill a vacancy, of one of three persons who are rated highest on the appropriate list. G. For a period of probation not to exceed six months after any appointment or promotion is made, during which period such probationer may be discharged or reduced with the consent of the Commissioner. H. For temporary employment without examination with the consent of the Commissioner in cases of emergency., No-such temporary employment shall continue longer than sixty working days, nor shall successive temporary employments of the same person be allowed. And for provi:sia,nal employment without examination with - the consent of the Commissioner pending the establishment of an I* eligible list. 29 i I. For transfers from any position to a similar posi- tion in the same class and grade, for reduction from any position to any position in the same line of work in a�lower grade, and also for reinstatement within one year of persons who without I fault or delinquency on their part resigned from the service or are voluntarily reduced to a lower position, or were laid off. J: For promotion based on competitive examination and upon a record of efficiency, character, conduct and seniority. Lists shall be prepared and kept and promotions made therefrom in the same manner as provided herein for original appointments. Any advancement in rank or any increase in salary beyond the limit fixed by the rules shall constitute a promotion. Whenever practicable- vacancies shall be filled by promotion. K: For suspensions for not longer than thirty days, and for leave of absence. L. For discharge or reduction either in rank or compensa- tion after appointment or promotion only when the person to be dis- charged or reduced has been presented with the reasons for such discharge or reduction, specifically stated in writing, and has been allowed a reasonable time to reply thereto in writing. The reasons and the reply must be filed as a public record with the Commissioner. M. For the appointment of the unskilled laborers in the order of priority of application after such tests of fitness as the Commissioner may prescribe. • 30 • 1 Amend Sec. 103 to read as follows:, i "Sec. 103. All examinations for positions in the Classi- fied Service shall':be impartial and shall have reference to the duties and requirements of the office or position to be filled and shall be such as will test the relative fitness of the candi- dates for the position to be filled. Examinations may consist of written or oral tests of the subjective or objective type, physical tests, practical or demonstration tests, or evaluation of past training and experience. Oral tests may be of,the subjective or objective type, used to test the candidate's knowledge of the duties of the position, or may be of the interview type used to test the candidate's personal fitness for the job. Non - competitive tests as determined by the Civil Service Commissioner with the approval of the City Council may be used to test the qualifications of the candidates. Examinations shall be in charge of the Chief Examiner, except when the Commissioner shall act as Examiner. The Commissioner may call on other persons to conduct or mark examinations, and when such persons are connected with the City service, it shall be deemed a part of their official duty to act as such examiners without extra compensation." Amend Sec. 107 to read as follows: "Sec. 107; No person holding a position -in the Classi- fied Service or applying for appointment to such position shall be appointed, reduced or removed or in any way favored or 31 1 discriminated against because of his race, creed, or political opinions or affiliations." Amend Sec. 109(a) to read as follows: "Sec. 109(a). All elective officers of the City of Saint Paul shall be qualified voters at the time of their election and qualification for office and shall be bonafide residents of the City during their term of office. All appointive officers shall be registered voters of the City of Saint Paul at the time of their election, appointment and qualification, except that by unanimous action of the Council to fill a position requiring especial skill, this requirement may be waived; all appointive officers shall, however, be bona fide residents of the City during their term of office. All employees of the City of Saint Paul shall be bona fide residents of the City at the time of their employment and continu- ously during such employment." Add a new Section to be inserted following Sec. 109(a), to be known as Sec. 109(b) and to read as follows: 'Sec. 109(b). No employee or officer of the City of Saint Paul shall, during the hours of his employment, perform any service or do any work except for the City of Saint Paul and shall 4 devote all his efforts and time to said City." Amend Sec. 111 to read as follows: "Sec. 111. The Council shall meet at the city hall of said City on the first Tuesday of June of each year at ten o'clock • in the morning and'on Tuesdays, Wednesdays, Thursdays and Fridays 32 LJ of each week at ten o'clock in the morning, and at such other times as it may determine. The Mayor may call special meetings of the Councilmen, and the City Clerk shall do so upon the written request of four Councilmen at such time as may therein be specified. Notice in writing of special meetings shall be served upon each member of the Council personally or be left at his usual place of abode at least six hours in advance of such meeting, except with the unani- mous consent or waiver of such notice by the entire Council, which consent or waiver shall be in writing." Amend Sec. 112 to read as follows: "Sec. 112. A majority of the Council shall constitute a quorum to transact business, but a smaller number may adjourn from time to time and compel the attendance of absent members under such terms and penalties as it may prescribe. The Council may adopt rules and regulations for its government not inconsistent with law and this Charter, sit upon its own adjournma:nent and punish its members for disorderly conduct." Amend Sec. 117 to read as follows: "Sec. 117. Whenever any proposed ordinance shall be presented.to the Council, it shall be read in full at the meeting at which it shall be presented and read again by the title thereof at two separate meetings not less than a week after the meeting at which the same is presented. After such ordinance shall be • 33 i • complete in the form in which it is finally passed, it shall remain on file in the office of the City Clerk for public inspection at least one week before the final passage or adoption thereof. No ordinance shall embrace more than one subject, which shall be expressed in its title. i Ordinances making appropriations shall be confined entirely to appropriations, and not hing.-otherwL56.° The enacting clause of all of the above ordinances shall i be: 'The Council of the City of Saint Paul does ordain!'" Amend Sec. 121 to read as follows: i "Sec. 121. Every ordinance or resolution not making an appropriation which shall pass the City Council shall be presented to the Mayor as soon as practicable for approval or rejection and,, in any event, not later than five days after its passage. If he approves thereof, he shall sign it within five days of its presen- tation to him and shall deposit the same in the office of the City Clerk, where it shall be permanently preserved'as a public record. If he does not approve it, he shall return it within five days to the City Council with a communication in writing setting forth the fact of his disapproval and the reasons thereof, and his communica- tion shall be entered at large in the journal of the City Council. Said body shall then proceed to reconsider said measure. If, after such reconsideration, five of all the members elected to the City Council vote affirmatively;in favor of passing said measure, • 34 • notwithstanding the veto of the Mayor, it shall become operative notwithstanding said veto; but in all such cases the vote of said Council shall be taken by yeas and nays, and the names of all per- sons voting for or against said measure shall'be recorded in the journal of the Council. Should the Mayor fail or refuse to return to the Council within five days any measure presented to him for approval or veto, it shall become operative at the end of said five days just as though approved and signed by the Mayor. Any order, resolution or ordinance of the Council requiring more than a majority of votes of said Council to pass in the first instance shall require as great an affirmative vote to pass over the veto of the Mayor." I ' Amend Sec. 122 to read as follows: "Sec. 122. Every ordinance making an 'appropriation or authorizing any liability, before it be binding and operative, shall be presented to the Mayor for his approval or rejection. He may approve or reject the whole thereof, in which evelt the procedure shall be the same as in the preceding section. 0r, he may approve part thereof and disapprove or reject any item orl items thereof, and in such cases he shall note on the margin thereof and opposite such item or items,the word-!3Rejecte4,' and shall also ih writing state what item or items, by reference thereto, he has disapproved or .rejected together with the reason therefor. The City Clerk shall forthwith strike out of such ordinance any such rejected item and • proceed in all other respects as if such rejected item or items 35 0 were not therein contained. At the next regular meeting of the Council he shall present to such body for its reconsideration a verbatim copy of all such rejected items, togethl,er with the title of such ordinance and other necessary references thereto to clearly - identify the same, and the statement of the Mayor disapproving and rejecting such items. If, after reconsideration, the Council shall again pass such rejected and disapproved item or items, or any one a of them, by five affirmative votes except the Mayor, then the City Clerk shall forthwith publish such item or items repassed or re- adopted, together with the title of such ordinance from which the same were taken, preceded by a supplemental statement to the effect that such items were repassed or readopted by the Council notwith- standing the disapproval thereof by the Mayor., In all other respects the provisions of the preceding section shall apply to appropriation ordinances,." Amend Sec. 127 to read as follows: "Sec. 127. For a more specific enumeration and definition of some of the powers granted hereinbefore, a fuller exposition thereof and as an'additional grant thereto, the Council shall have the power and authority: A. The common council shall have power: 1. Eminent domain - -To exercise the right of eminent domain. 2. Purchase - -To acquire property by purchase and • .private sale as by this Charter provided. 36 3. To acquire property - -To acquire and take real and personal property by gift, 'devise or bequest and hold and employ the same for public purposes. i B. The Council shall have power by ordinance: i 1. To define, license, regulate and restrain: a. Theatres, halls, exhibitions and shows and entertainments of all kinds. b. Dances and dance halls. c. Billiard and pool rooms, bowling alleys and other similar places and the proprietors and keepers thereof. d. Hotels, boarding houses and restaurants. e.' Auctioneers and public auctions. f. Pawn brokers. g., Intelligence and employment offices and agents. h. Second -hand stores and junk shops and the owners and managers thereof. i. Hawkers, peddlers, porters, runners, agents and solicitors for common carriers, express companies, hotels or other establishments. j. Ticket agents and brokers and immigration and steamship agents. k. Draymen, cartmen, cabmen, hackmen, omnibus drivers and chauffeurs. 1. Vehicles of all kinds whatsoever, and the use 37 of the streets, public thoroughfares, highways and places by such vehicles; and also the carry- ing and hauling of persons and property for hire. m. Vendors or dealers in inflammable oils or sub- stances, firearms, fireworks or explosives of any kind. n. Vendors of meats, vegetables and other food products. 2. To regulate the size and weight of bread sold or prepared for sale. 3. Liquor licenses -- a. To license and regulate, except as herein other- wise provided, all persons vending, dealing in or disposing of spirituous, vinous, malt or fermented liquors and all places in which the same are dealt in, vended or disposed of . b. To prevent or prohibit any person from giving or dealing in spirituous, fermented, malt or vinous liquors unless duly licensed by the Common Council. c. Patrol limits - -To establish, alter, enlarge and contract patrol limits within said City and to prevent, suppress and prohibit the sale or other disposal of any spirituous, fermented, malt, vinous or other intoxicating liquor within such limits, • except by duly licensed druggists for medical, KN i mechanical or chemical purposes to be used else- where than upon said druggist's premises. Pro- vided, however, that said Council shall never grant I any license to sell or otherwise dispose of any such spirituous, fermented, malt, vinous or other intoxicating liquor except to such druggists for the purpose aforesaid within the limits of the following territory, viz: Sections twenty - eight (28) and twenty -nine (29), the east half (1/2) of the east half (1/2) of section thirty- two ( 32), and all of section thirty -three (33) in township twenty -nine (29), range twenty- three- (23) and the east `half (1/2); of the east half (1/2) of section five (5) and all of section four (4) in township twenty -eight (28) of range twenty- three (23), all in Ramsey County, Minnesota, and also within any territory within two hundred (200) feet of any of the boundary limits thereof, nor within a distance of one -half (1/2) mile of any college, university or reformatory institution within the limits of the new territory added to said City by Chapter 281 of S. L. 1885, validated by Chapter 574, S. L. 1889. 4. To define, prevent, prohibit and suppress: • a. Gambling and fraudulent practices and devices. 39 9 b. Drunkenness and obscenity. c. Vagrancy, mendicancy and prostitution. d. Disorderly houses, houses of ill fame and groggeries. e. Riots, noise and disorderly assemblages. f. Disorderly or mischievous conduct, or conduct annoying or dangerous to others, or detrimental to the rights of person or property. g.. Vice and crime. h. All practices and acts whatsoever inconsistent with the preservation 'of peace and good order and just rights and comfort of the inhabitants of the City. 5. To regulate and control, prevent and prohibit: a. The use, sale or offering for sale of firearms, explosives, fireworks or the use or exhibition of any firearms, fireworks or explosives in any place which may be considered by the Common Council dangerous or annoying to any citizen. b. The receipts, storage, transportation and traffic in any inflammable oil or substance or any explo- sives within said City, or within one mile of the corporate limits thereof. c. The carrying of concealed weapons. • 40 0 d. The running at large of any animals. e. The encroachment upon or obstructing or incumber- ing of any highways, sidewalks, public grounds or levee. f. The cutting of ice within the city limits and the sale thereof. g. The burial of the dead within the city limits or within one mile beyond such limits, and to regulate the location and conduct of cemeteries and crematories. h. .Places of bathing and swimming in the waters within the city limits. i. The landing and conveyance of paupers and persons in destitute condition into said City not having a legal residence or settlement therein by any railroad train, boat, vessel or other means of conveyance, and to require that such persons 'shall be taken back to the place from whence they may have been brought by the person or_ persons convey- ing or leaving them in said City. j. The penning, herding and treatment of all animals within the City. k. The emission of dense smoke. 6. To define, regulate, prohibit and abate nuisances. M. , • 41 • 7. To compel owners, agents or occupants to keep all buildings and premises and the streets, sidewalks and alleys adjacent thereto in a cleanly, whole- some, safe and passable condition and to regu- late the disposal and collection of all refuse whatsoever. 8. To compel the registration of births and deaths and the collection of other vital statistics. 9. To impose a tax , ®n, : dogs and regulate the keeping thereof and to authorize the destruction of the same in a summary manner when at large contrary to the ordinance and to provide for the killing of dangerous or vicious dogs and to punish by fine or imprisonment the owner or keeper of any such dog who refuses to deliver up the same to be killed or to pay the tax imposed thereon. 10. Building regulation and fire protection. a. To regulate the construction, alteration, removal and repair of all structures and the permanent equipment thereof, and to provide for the safety of the occupants of all strur tures and all properly in the vicinity thereof against danger from fire or panic or from methods of construction or in- stallation detrimental to life, health or property, • and to prohibit the use of buildings or parts of buildings when dangerous to life from collapse, 42 f fire or panic. b. Fire limits - prescribe. To prescribe, contract or extend the limits within which wooden buildings or buildings of other materials that shall not be considered as fireproof shall not be erected, placed or repaired; to direct that all and any buildings within the limits prescribed shall be made and constructed of fireproof materials; to prohibit the rebuilding of wooden buildings within the fire limits when the same have been damaged to the extent of fifty per cent of the value thereof, and to prescribe the manner of ascertaining such damage. C. To prescribe limits within which all roofs shall be covered by non - combustible material. d. Compel the installation in all structures of devices, appliances and arrangements for the preservation of life, health and property. e. To regulate the storage and handling of all combustible or other substances, articles, equip- ment or devices affecting the fire hazard. f. To license, regulate, prohibit and suppress the erection and maintenance of signs, signboards, billboards and fences. r g. To establish and enforce building lines and to regulate thelh,4 &t of buildings. 43 s h. To regulate the measurement and inspection of building materials and of fuel of all kinds. 11. To regulate the location of stock yards, slaughter houses, rendering plants, soap factories, tanneries, stables, privies and other unwholesome or nauseous houses or places. 12. To designate and set apart',certain thoroughfares as parkways or boulevards and regulate the use of the same and prohibit hauling heavy loads thereon. C. The Council shall have power: . 1. To pass all ordinances necessary or expedient for the preservation of health and the suppression of disease, to prevent the introduction of infec- tions or contagious diseases into the City, and to make and enforce quarantine laws. The juris- diction of said City shall extend to and be en- forced over any lands within the County of Ramsey purchased or used by said City for the purpose of a quarantine, for police and sanitary regulation; and for the preservation of the_ health of said City, and the suppression of disease and abate- ment of public nuisances, and the suppression of any business contrary to the sanitary regulation of the Common Council or the Commissioner of Health, .. 0 the jurisdiction of said City shall extend for a circuit of one mile beyond the present or any future limits of said City. 2. Pass any other ordinances and resolutions neces- sary to carry out the intent and provisions of this Charter. D. Penalties and enforcements of ordinances. - -The Council shall have full power and authority: 1. To revoke for misconduct of a licensee any license granted under this Charter. 2. To declare and impose fines and penalties and to enforce the same against any person who may violate any of the provisions of any ordinance or reso- lution,and all such ordinances and resolutions are hereby declared to be and have the force of law; such fines and penalties may extend to a fine not exceeding one hundred dollars, or im- prisonment in the workhouse not exceeding ninety (90) days or both; and offenders against any ordinance or resolution as aforesaid may be re- quired to give security and to keep the peace not exceeding six months and in a sum not exceeding five hundred dollars. 45 LJ 3. To provide by ordinance that anyone convicted of an offense before the Municipal Court sub- jecting such offender to an imprisonment under the Charter and ordinances of said City may be kept at hard labor in the workhouse established for that purpose. 4. To establish by ordinance all neddful_regula- tions for the security and discipline of such persons, provided that the Municipal Court shall not have the power to commit for vagrancy any persons to the city prison, city workhouse or county jail for a longer period than thirty days. E. Departments or bureaus to charge for services. -- The City Council shall have power by resolution to authorize a department or bureau to charge another City department, bureau, board, authority, etc. for services performed by said department or bureau. F. Municipal undertakings.- -The Council shall have power by ordinance: 1. Markets. - -To erect and maintain market houses and ,to establish markets and market places. 2. Wharves and levees. - -To control, regulate and cause to be constructed, altered and maintained, wharves and levees and grading and paving along 0 the banks of the Mississippi River within the MIN. • City limits. To-prescribe and control the prices to be charged for wharfage thereon; to prevent or remove all obstructions 'in the water of said river and to regulate the landings, levees, wharves and piers within the City limits and the boats and vessels landing and mooring at the same, and --' the charges therefor; to have and exercise the same power and control over the said river within the limits of said City that it may possess over its streets, highways and alleys so far as such power and control may not be inconsistent with the laws of the United States or of this State. 3. Garage. - -To establish and maintain a garage or garages for the housing, care and repair of all automobiles owned by the City. 4. Pounds. - -To establish and regulate public pounds and to provide for the empounding of animals run- ning at large and the sale of unclaimed animals. 5. Lighting. a. To provide for lighting the City and lighting and heating all public buildings and furnishing power thereto. b. To establish, erect, maintain and cause to be operated gas works, electric lighting and power • plants or other works for lighting the streets and 47 public grounds, and lighting and heating public buildings _arid: furnishing power thereto and to sell and furnish light, heat and power to the citizens of said City and to occupy and use the public streets and conduits therein in .connection therewith. c. To purchase, erect, establish and maintain conduits, subways and appliances for lighting purposes, the use of which conduits, subways and appliances said Common Council may let to any person, firm or corporation contracting to light said City or part thereof for a term not exceeding said contract. Provided, however, that the Commissioner of Public Utilities shall have exclusive power and jurisdic- tion within the limitations of this Charter as to the location of all lamps. 6. Municipal paving plants. - -To' provide, maintain and cause to be operated under the supervision of the Commissioner of Public Works, municipal quarries, -apparatus and other facilities for the manufacture, construction and laying of all kinds of street pavements and sidewalks. 7. Sprinkling plants, etc. - -To provide, equip and maintain apparatus and facilities for the clean- ing, repairing and sprinkling of streets, alleys, M 0 sidewalks, sidelawns, public grounds, levees, and for the collection and disposal of garbage and all other waste material." Amend Sec. 130 to read as follows: "Sec. 130. The Council is hereby authorized by ordinance to lease to any person, company or corporation any part or portion of the levee known as the West Side Levee in the Sixth (6th) Ward of the City of Saint Paul, Minnesota, as the same is designated and shown on the maps on file in the office of the Commissioner of Public Works of the City of Saint Paul, the said leases to be for such purposes and upon such terms and for such a length of time as the Council shall prescribe; however, the provisions of this section may not be inconsistent with the laws of the United States of America or of this State." Amend Sec. 133 to read as follows: "Sec. 133. The Council shall have no power to 1. New or salaried offices. -- Create any new or salaried elective offices not specified in this Charter or in any manner to increase the salary or compensation of any officer whose salary is fixed in this Charter, or, to employ any assistant whereby said City might be liable for any services rendered or attempted to be rendered in performing the duties imposed by law upon any salaried officer of said City; but nothing in this Charter shall prevent said City and its officers • from employing such servants from day to day and from month to month as are authorized by this Charter. i • r� 2. Disputed demands on contracts. -- Authorize any com- promise of any disputed demand arising out of contracts or any allowance therefor or therein except as provided in the contract therefor. 3. Damages for injuries. -- Authorize the compromise or payment of any damages claimed for alleged injuries to persons or property except by ordinance adopted by a majority of the members -elect thereof. 4. The council cannot relieve or exempt. -- Relieve any person or corporation from the payment of any law- ful tax, assessment, fine or license, or from any burden imposed by law or order; nor shall it cause to be paid any demand not lawfully authorized and duly audited." Amend Sec. 134 to read as follows: "Sec. 134. Any ordinance may be proposed by petition by the registered voters of the City of Saint Paul equal in numbers to ten per cent of the electors who voted for Mayor at the last pre- ceding City election." Amend S'ec. 137 to read as follows: "Sec. 137. No ordinance passed by the Council shall go into effect until the expiration of thirty days after it has been passed, approved-and published, unless it shall be necessary for the preservation of the public peace, health or safety, and the • Council shall by six affirmative votes of all the members elected. 50 1 declare that it shall go into effect immediately upon its publica- tion. The necessity for such action shall bey stated in the title and in a section of such ordinance. If within thirty days after the passing, approval and publication of any ordinance, a number of the qualified electors of the City of Saint Paul equal to eight per cent of all the electors who voted at the last City election for Mayor, shall file a petition with the City Clerk addressed to the City Council asking that said ordinance shall be submitted to the voters of said City for approval or rejection, it shall be so submitted as hereinafter provided, and shall not go into effect ( except in cases-,of emergency as herein provided) until approved by a majority of all the electors voting thereon at a general or special City election within the City of Saint Paul. Should a majority of said electors vote against the approval of said ordinance it shall not go into effect, but shall be void and of no effect. If by action of the Council as aforesaid any ordinance shall be declared neces- sary for the preservation of the public peace, health or safety, and it shall be provided that it shall go into effect immediately upon publication thereof, and if within ninety days of its publication and taking effect a petition shall be filed as aforesaid asking that such ordinance be submitted to the voters of the City of Saint Paul for - approval or rejection, said ordinance shall be so submitted, and if a majority of said electors voting thereon vote to reject 51 such ordinance, said vote shall effect a repeal of said ordinance from and after the announcement of said result. In like manner any 51 ordinance not an.emergency ordinance may be repealed on referendum vote asked for by petition filed as aforesaid within ninety days" after the publication of said ordinance." r Amend Sec. 140 to read as follows: "Sec. 140. The budget resolution or the resolution pro- viding _annually for the support of the government of the City of Saint Paul shall go into effect immediately upon publication. Said resolution shall not be submitted to the voters of Saint Paul for approval or rejection on petition or otherwise, provided that any item in said budget making appropriation for new outlay shall be subject to referendum in the same manner as though it were not part of said budget resolution." Amend Sec. 142 to read as follows: "Sec. 142. The ballots used in voting upon any measure as provided for in this chapter shall set forth in full the title thereof and state briefly the general nature thereof, and thereafter in larger type contain the words, 'Shall the Proposed Ordinance be Adopted?' "Yes'or Not." Amend Sec. 176 to read as follows: "Sec. 176. The Corporation Counsel shall be elected by the Council on the second Tuesday in July of each and every even numbered year, beginning with the year 1914. His term of office shall begin on the second Tuesday in August following his election, and it shall be for two years and until his successor shall be elected and qualified." 52 Amend Sec. 180 to read as follows : "Sec. 180. In all cases of the imposition of any fine or penalty, or of the rendering of any judgment by the judge of the Municipal Court, pursuant to any ordinance or law of the said City of Saint Paul or pursuant to any provision of the Charter of said City, as a punishment for any offense,l or for the viola- tion of any law or ordinance as aforesaid, the offender shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine or imprisonment not in excess of the maximum fine or imprisonment specified by State law for misdemeanor offenses, and if the sentence provides for imprisonment,' the offender shall be forthwith committed to the workhouse provided jointly by said City and the County of Ramsey or to the City jail or to the County jail as the judge of the Municipal Court imposing such sentence shall determine, and from and after the time of arrest of any person or persons for any offense whatsoever until the time of trial or hearing, the person or persons so arrested may;b.e imprisoned in the common jail of Ramsey County, or in the City prison, or in the joint City and County workhouse, and in all cases where any judge of the Municipal Court is or may be authorized to commit any person or persons for any cause by virtue of the provisions of the Charter of said City, he may commit such person or persons to said joint City and County workhouse." 0 . 53 Amend Sec. 188 to read as follows:! "Sec. 188. Said Commissioner of Finance may appoint and at his pleasure may remove a Deputy Commissioner of Finance, who shall perform such duties as the Commissioner of Finance may prescribe. During the absence of the Commissioner of Finance from the city, or his inability, for any reason, to discharge the duties of his office, the Deputy Commissioner of Finance shall act in his place and stead, and shall have the same powers and duties, and the Commissioner of Finance and the sureties on his bond shall be liable for the acts of the Deputy Commissioner ' of Finance the same as if they were done by the Commissioner of Finance." Delete Sec. 188(a) in its entirety. Delete Sec. 189 in its entirety and substitute the fol- lowing as Sec. 189: "Sec. 189. The Commissioner of Finance shall deposit daily, to the credit of the City of Saint Paul, subject to payment and withdrawal upon demand, all moneys and funds then in the custody of said Commissioner, in such incorporated national or state bank or banks as shall be designated therefor by the Sinking Fund Committee which hereby is charged with the duty of designating such bank or banks therefor with proper regard to the financial strength and security of the same, provided that no bank shall be so designated therefor which shall have been reorganized on the basis of an exten- sion of time for the payment of the deposits or other of its obliga- • .tions until such deposits and other obligations shall have been fully paid. 54 E Said Committee shall determine and - prescribe the maxi- mum amount to be maintained on deposit in each such case and in each such designated depository bank and shall direct said Commissioner, from time to time, as to the bank or banks therefor and the amount or amounts of such deposits of such moneys and f unds of said City or those of any such department, bureau or activity of the same and shall direct said Commissioner, from time to time, as to the bank or banks from which withdrawals'of sudzdeposits shall be made for the payment of maturing obligations of said City and the amount of each such withdrawal. Before any such moneys or funds of said City or those of any such department, bureau or activity of the same shall be deposited, by said Commissioner, in any such designated bank, the subject bank, to secure such moneys or funds, shall deposit with said Commissioner Bonds or other Direct Obligations of the United States ,of America of a market value equal to at least $110 for every $100 of the aforesaid determined and prescribed .maximum amount of such moneys or funds for maintenance on deposit therein, accompanied by an assignment of such Bonds or Direct Obligations to said City, which assignment shall recite that such depository bank shall pay over to said City or its order, on demand, free of exchange or dher charge, all moneys or funds deposited by said Commissioner therein at any I time during the period such collateral shall be deposited and to pay the interest thereon, when due, at the agreed rate; and that in case • of any default on the part of such depository bank, the governing body 55 F- 1 U of said City shall have full power and authority to sell such col- lateral or so much thereof as shall be necessary to produce the full amount due said City from such depository bank and to pay over any surplus to such depository bank or its assigns. Provided that any and all Bonds or other Direct-1Obligations of the United States of America, in any such case, deposited with and assigned to said.City as and for such collateral security, by any such depository may be deposited, in behalf of said City, for safekeeping, with and in the custody of the Federal Reserve Bank for the region or area- embracing said City or any other authorized national or state depository, the depository, in each case, to issue a receipt therefor reflective of the transaction and its custodial status in respect of the subject of the deposit, including, among other things, provisions for its remittance of interest on the subject collateral as received by it, from time to time, to the depository bank concerned, the receipt in each such case to be executed and delivered in two counterparts, one whereof shall be filed with the Comptroller of said City, as ex officio Secretary of the Sinking Fund Committee, and the other whereof shall•be filed f with said Commissioner of Finance, as the Treasurer of said City. Provided further that any and all Bonds or other Direct Obligations of the United States of America, in any such case, deposited with and assigned to said City, as and for such collateral security, by any such depository, shall be retained therefor by said - 0 City in its Treasury, and said City Comptroller, as ex officio 56 • Secretary of the Sinking Fund Committee, and such Commissioner of Finance, as the Treasurer of said City, shall provide for the re- mittance, from time to time, to the depository bank concerned, of accrued interest as received or matured interest coupons on account of =the subject oollateral deposit." • Delete Section 190 in its entirety.', .Amend Sec. 191 to read as follows: "Sec. 191. The Sinking Fund Committee shall, whenever, in its judgment, the greater security of the City's money requires it, direct the Commissioner of Finance to withdraw money from any City.depository bank and deposit it in another bank, subject to the limitations aforesaid, and the Commissioner of Finance shall comply at once with all directions and instructions of the Committee given in pursuance hereof. Whenever the Commissioner of Finance shall make a deposit in any one of such banks the depository bank shall forthwith transmit to the Comptroller a duplicate deposit slip ade- quately evidencing the subject deposit; and the Commissioner of Finance shall forthwith deliver to the Comptroller an itemized statement of the sources from which the moneys so deposited were received; and it shall be the duty of the Comptroller so to keep the accounts of his office as to show the amount belonging to each fund on deposit, and the bank or banks holding the money of the City or any department, bureau or activity thereof." Amend Sec. 200 to read as follows: "Sec.- 200. It shall be the duty of the Comptroller not 57 later than September 1 of each year to transmit to the City Council detailed estimates in writing of the expenses 'of the City for the next succeeding fiscal year and of the revenue necessary to meet said expenses. Said Comptroller shall have full power and authority to require from each head of an administrative department of the City of Saint Paul or . otther person in control of expenditures, and from the Board of Education, specific estimates, in,such form as said Comptroller may prescribe, of the expenses of such department for - the next succeeding fiscal year, the expenditures of the department for the six months immediately preceding June 30 next preceding, and f,or the last preceding fiscal year. Said estimates shall be placed in the hands'of the Comptroller prior to August 1 of each year. Said estimates shall be so itemized as to show clearly the amounts to be raised for each purpose necessary to carry on the business of the City. At the same time as presenting said estimates of expenditures, the Comptroller shall also submit estimates of probable revenue from taxation, probable rate of direct property taxes necessary, and probable amount of revenue to be received by the City from sources other than direct taxation for the next succeeding fiscal year. In said report of budget estimates for the year 1964 and annually thereafter the Comptroller shall divide said estimates into the following funds: 1. City Officers' Salaries • From which shall be paid the salaries of all officers of the City of Saint Paul elected by the electors of Saint Pa ul. • 2. Mayor's Office Administration From which shall be paid the salaries, wages and .expenses of the Mayor's office including the Mayor's contingent fund. 2.01 City Planning From which shall be paid the salaries, wages and expenses of the City Planning Bureau.- _ 2.02 Civil Defense From which shall be paid the salaries, wages and expenses of the Civil Defense Bur--au. -nt 2.03 Fair Employment Practice Commission From which shall be paid the salaries, wages and ex- penses of the Fair Employment Practice Commission's . office. 2.04 Publicity Bureau From which shall be paid the salaries, wages and expenses of the City Publicity Bureau. 3. , Corporation Counsel . From which shall be paid the salaries, wages and expenses of the Corporation Counsel's office. 4. ;City Clerk - Records :From which shall be paid the salaries, wages and expenses of the City Clerk's Records office. 4,,01 City Clerk - Registrations From which shall be paid the salaries, wages and 0 expenses of the City Clerk's Registrations office. 59 • 5. Commissioner of Finance From which shall be paid the salaries, wages and expenses of the Finance Commissioner's office. 6. Commissioner of Public Safety From which shall be paid the salaries, wages and expenses of the Department of Public Safety not properly chargeable to funds 6.01, 6.02, 6.03 or 6.04. _ I 6.01 Police From which shall be paid the salaries, wages and expenses of the Police Department. 6.02 Fire From which shall be paid the salaries, wages and expenses of the Fire Department. 6.03 Police and Fire Alarm From which shall be paid the salaries, wages and expenses necessary for the operation of the police and fire alarm system. 6.04 Health From which shall be paid the salaries, wages and expenses of the Bureau of Health. 7. Commissioner of Public Works From which shall be paid the salaries, wages and expenses of the Public Works Commissioner's office, including the Bureau of Engineers and Traffic Control • and Parking Meter Service. M 0 7.01 Street Maintenance and Repair From which shall be paid the salaries, wages and expenses for street maintenance and repair charged to City revenues under this Charter. 7.02 Sewer Maintenance and Repair From which shall be paid the salaries, wages and expenses for sewer maintenance and repair charged to City revenues under this Charter. 7.03 Street and Sewer Cleaning From which shall be paid the salaries, wages and expenses for street and sewer cleaning, weed cutting, garbage disposal, rodent control and related activities. i 7.04 Bridge Building and Repair From which shall be paid the salaries, wages and expenses for construction and repair of bridges charged to City revenues under this Charter. 8. Public Schools From which shall be paid the salaries, wages and expenses for the operation and maintenance of the public school system as authorized by this Charter and State law. School bond or note maturities and interest cost on outstanding indebtedness for school purposes should be paid from Funds 2%. 29 a rd 30. 9. Commissioner of Libraries, Auditorium, and Civic Buildings 61 From which shall be paid the salaries and expense of the office of the Commissioner of Libraries, Auditorium, and Civic Buildings not properly charge- able to Funds 9.01, 9.02, 9.03 or 9.04. 9.01 Public Library From which shall be paid the salaries, wages and expenses of the public library system. 9.02 Auditorium From which shall be paid those salaries, wages and expenses for the operation and maintenance of the Auditorium as financed by the receipts of such department. 9.03 Stadia From which shall be paid those salaries, wages and expenses for the operation and maintenance of Stadia as authorized by this Charter. 9.04 Civic Educational Center From which shall be paid-those salaries, wages and ex- penses for th6 operation and maintenance of the Civic Educational Center as authorized by this Charter. 11. Commissioner of Public Utilities From which shall be paid the salaries, wages and ex- penses of the Public Utilities Commissioner's office and bureaus under said Commissioner's direction and control, unless provided for by more: specif is funds. 11.01 Public Lighting From which shall be paid the salaries, wages and expenses for public lighting not chargeable to a more specific fund. 62 12. Water Department • From which shall be paid the salaries, wages and expenses of the Water Department as financed by the receipts of such department. 13. City Comptroller From which shall be paid salaries, wages and expenses of the Comptroller's office. 13.01 Civil Service f From which shall be paid salaries, wages and expenses of the Civil Service Bureau. 14. Municipal Court From which shall be paid the salaries, wages and ex- penses for the operation of the municipal courts. 15. Purchasing Agent From which shall be paid the salaries, wages and expenses of the office of the Purchasing Agent. 16. Council Investigation and Research Bureau From which shall be paid the salaries, wages and _expenses of the Council Investigation and Research Bureau. 18. Commissioner of Parks and Recreation and Public Buildings From which shall -be paid the salaries, wages and ex- penses of the Department of Parks and Recreation and Public Buildings not properly chargeable to Funds 18.01 and 18.02. • ' 18.01 Public Parks and Recreation From which shall be paid the salaries, wages and 63 expenses for the operation and maintenance of the public parks system and all public recreation activities and facilities under the jurisdiction of the Department of Parks and Recreation and Public Buildings. 18.02 Public Buildings' From which shall be paid the salaries, wages and ex- penses of the City Architect's office and bureaus under his jurisdiction. 19. Elections i From which shall be paid the salaries, wages and ex- penses incidental to the conduct of all elections held in the City. 20. Board of Public Welfare From which shall be paid the City's portion of the sala- ries, wages and expenses of the Board of Public Welfare. 21. City Hall and Court House From which shall be paid the City's portion of the salaries, wages and expenses for the operation and maintenance of the City Hall and Court House. 22. Detention and Corrections Authority From which shall be paid the City's share of the salaries, wages,"'and expenses of the Detention and Corrections Authority. 25. Employee Benefits From which shall be paid employee benefits such as (but not limited to): Police Relief Association, Firemen's Relief Association, Health Relief L� r Association, Public Employees Retirement Associa- tion, health, accident and hospitalization insurance, severance pay, and unemployment compensation. 26. Judgment and Compromise From which shall be paid any docketed and unpaid final judgments against the City and all disputed claims which are compromised and settled before judgment. 27. Local Improvement Aid From which shall be paid the City's share of local improvements, state highway aids, and other local improvement aids received but not chargeable to other funds. 28. Interest From which shall be paid the amounts necessary to meet all interest payments due or payable by said City. 29. Sinking Fund A sinking fund or funds may be established to pro- vide for the accumulation of sums for payment of bonds at maturity. The City may place such sums in such fund or funds from year to year as will be sufficient to pay off the bonds at maturity. 30. Redemption of Bonds and Notes • From which shall be paid the principal of any certificate 65 • of indebtedness, whether against current, general or special assessments, maturing within the year, which is not otherwise provided for, and also the principal of any City obligations to mature within the year which cannot be paid for out of a sinking • I fund and which are not to be refunded or otherwise renewed. 35. General Fund From which is shall be paid the salaries, wages and expenses in connection with the government of the City of Saint Paul or any of its departments, bureaus, or activities, charged to City revenue and not pro- vided for in the funds hereinabove named. Said fund shall be sub - divided in said report and esti- mates 6f said comptroller and specific amounts therein shall be provided for specific purposes, so far as is practicable. Throughout this section, the whole-number, preceding the decimal point, -s•hall.control transfers of funds. With the ap- proval of the Comptroller, transfers may be made by the City Council among all funds carrying the same whole humber. Amend Sec. '202 to read as follows: "Sec. 202. Upon the receipt of the Comptroller's report, • 66 u the Council shall cause the same to be published once in the offi- cial paper of the City. Five days after such publication said Council shall hold public hearings from day to day for at least ten days but not more than twenty days, at such times and in such manner as the Council may prescribe, at which all residents of the f City of Saint Paul desiring to be heard may be heard in reference to any of said estimates or any item thereof. In this connection the Council is given full authority to establish under the direc- tion of the City Clerk an exhibit of diagrams, models or other devises useful in explaining budget items to the public." Amend Sec. 203 to read as follows: "Sec. 203. Upon the completion of said hearings, and not later than October 1 of each year, the Council shall „ by resolution to be adopted by four affirmative votes of all members elected to the City Council, fix the amount of expenditures in dollars that may be made by the several departments, bureaus or activities of the City government of the City of Saint Paul, in- cluding the Board of Education, during the next following fiscal year. In fixing such expenditures, said Council shall specify as to the expenditure from each of the funds in this Chapter provided and shall make appropriations in fullest practical detail designating the purpose of each expenditure as specifically as may be. In so. fixing expenditures, the Council shall follow closely as to items the estimates of the City Comptroller. In determining said expendi- tures, said Council shall not increase by more than ten per cent 67 i any fund beyond the estimates of said Comptroller, and it shall not increase the aggregate of all appropriations more than three per cent above the estimates of said Comptroller.', Said Council may reduce any item or the aggregate of all items as much as it may deem consistent with public interests. If the'Council shall fail to fix before October 10 of any year the amount of expenditures for the next succeeding year, then the amount of City expenditures for the succeeding year shall.be the same as the expenditures for the year in which such failure shall occur." Amend Sec. 204 to read as follows: "Sec. 204. The Mayor shall have power to veto any item or items in said resolution without affecting the validity of any other item or items, and it shall require five affirmative votes of the members elected to the Council to pass said item over said vet-o. I" Amend Sec. 205 to read as follows: "Sec. 205. No department, bureau, activity, bo.ard or officer of said City shall have power or authority to expend any of the public moneys, or to incur any liability on behalf of the City in any fiscal year in excess of any fund or, of any item of any fund as fixed by the Council except as hereinafter provided. Viola- tion of this section shall be deemed malfeasance in office on the part of the person or persons violating itrand shall make such person personally liable to the other contracting parties for the excess .: LJ for which said person has attempted to bind said City." Amend Sec. 207 to read as follows: '!Sec. 207. The Council may ` ordinance provide for retaining for specific purposes by the various departments, bureaus or activities of the government of the City of Saint Paul of balances in the various funds at the end of the year after all obligations and purposes for which the funds were appropriated have been provided for.. Said provision fEwzetaining said balances shall be unif orm f or all departments, bureaus and activities of the City government. Regard- less of other provisions of this .Cfiarter the Council may by ordinance provide for the retaining by each department proceeds from the sale of any City property originally purchased from 'f unds under its juris- diction and used for a specific department use." Amend Sec. 209 to read as f ollows : "Sec. 209. All unencumbered balances remaining in the budget funds as defined in Section 200 which are not reappropriated by the Council at the end of the year shall be credited to the surplus account of the General Fund." Amend Sec. 210 to read as follows: "Sec. 210. The Comptroller shall include in his report of estimates of City expenditures to the Council, as heretofore provided for, estimates of the probable receipts within the next succeeding year from sources other than general City taxation and special assessments, or where money is received into the City • 69 �J Treasury for some specific use, and shall detail in such report how said estimates may be apportioned to the funds 'in this Chapter .above provided for-." Amend Sec. 212 to read as follows: "Sec. 212. After the adoption of the budget by reso- lution, not later than October 1 of each year as provided in Sec- tion 203 of this Charter, the Council shall on or before October 10 of each year adopt a tax levy resolution. To achieve this end the resolution shall show the Gross Budget less a summary of other sources of revenue to arrive at the amount which must be provided by an ad,valorem tax on all taxable real and personal property within �th.baCity.�.bf 'Saint Paul." Amend Sec 217 to read as follows: "Sec. 217. The Council shall have power by five af- firmative votes of all its members to authorize the issuance of bonds for the purpose of refunding bonds previously issued as the same become due if the funds in the sinking fund properly applicable to such maturing bonds are not sufficient to pay and discharge the same, and also for the purpose of creating or preserving a permanent improvement revolving fund, or funds, as provided for in this Charter. All refunding bonds so issued shall be negotiated by the sinking fund committee, hereinafter provided for, and no part of any issue ~ of bonds, either for refunding other bonds or creating or preserv- ing a permanent improvement revolving fund or funds, shall be sold 9 70 P1 or used in exchange for bonds of a previous issue, at less price than the full face value thereof with accrued interest, nor shall any bond or any proceeds of any bonds issued for refunding or re- newing bonds of a previous issue be used for any other purpose than of retiring or renewing such prior bonds. And 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, shall be used for any other purpose than the specific purpose for which the same may be issued. No other bonds shall be issued unless the Council by five affirmative votes of all its members shall vote to issue the same and unless the question of whether such bonds shall be issued shall be submitted to and approve -d by a majority of the electors voting upon the question at a general!or special election. The total net debts of the City created by the issuance of bonds shall not exceed ten (10) per cent of , the full and true valuation of the taxable real and personal property within the City as based upon the last preceding 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, each of the following obligations shall be deducted from the City's gross debt: (1) Obligations issued for improvements which are payable wholly or partly from the proceeds of special assessments levied upon property specially benefited thereby; including those which • are general obligations of the City, if the City is entitled to 71 LJ reimbursement in whole or in part from the proceeds of the special assessments. (2) Warrants or orders-having no definite or fixed maturity. (3) Obligations payable wholly from the income from revenue - producing conveniences. (4) Obligations issued to create or'maintain a permanent improvement revolving fund. (5 ) Obligations issued for the acquis.ition, and better- ment, of public waterworks systems, and public lighting, heating, or power systems, and of any combination thereof or for any other public convenience from which a revenue is or may be derived. (6) Amount of all money and the face value of all securi- ties held as`a sinking fund for the extinguishment of obligations other than those deductible under this subdivision. (7) All other .obligations which under the provisions of law authorizing their issuance are not to be included in computing the net debt of the City.6f Saint Paul." Amend Sec. 2,24 to read as follows: "Sec. 2240 All bonds issued by the City shall be signed by the Mayor and countersigned'by the Comptroller and have thereto attached the corporate seal of the City of Saint Paul attested to by the City Clerk. Coupons issued with ainy such bond may be authenticated by the engraved signature of the Mayor and the • countersignature of the Comptroller. Except as otherwise provided 72 by law the form of bonds issued by the City shall be determined by the Sinking Fund Committee with the advice of the Corporation Counsel. By resolution the City Council may provide that one of the above named officers shall sign such bonds,manually and that the other signatures may be printed, lithographed, stamped or en- graved thereon. The seal of the City may be impressed on each bond or a facsimile thereof may be printed, lithographed or engraved on each bond as determined by a resolution of the "City Council." Amend Sec. 225 to read as follows: "Sec. 225. As soon as the tax levy for any year has been transmitted to the County Auditor, the Council may, by ordinance to " J be' adopted -by�if our affirmative votes of all its members, cause to be issued and sold by the Sinking Fund Committee certificates of in- debtedness in anticipation of the collection of;taxes for any of the funds named in the tax levy, but the total amount of the prin- cipal of all such certificates issued in any one year for any fund shall not exceed eighty per cent of the amount included in the tax levy of the same year for such fund." I Amend Sec. 240 to read as f ollows : 4 "Sec. 240. Upon the written application of three or more interested owners of property which may be subject to an assess- ment for benefits for an improvement or improvements set out in such application, or upon the written proposal therefor by any Councilman, the Council, by a resolution to be known as a 'Preliminary order,' may order and direct the Commissioner of Public Works to investigate 73 40 i j the necessity for or the desirability of any such improvement or improvements set out in such preliminary order, the nature, extent and estimated cost of each such improvement and the total thereof, a plan, profile or sketch of each thereof, together with such other data or information as the Council may desire or require, and report the same to the Commissioner of`Finance. The said Commissioner of Finance shall thereupon forthwith investigate and determine what lots, parts or parcels of land or real property may be assessed benefits to defray the cost of such improvements or each of said improvements, the total estimated amount of such assessment for each improvement and the total of all improvements, and report the same to the Council together with the report made to him by the i said Commissioner of Public Works." Amend Sec. 257 to read as f ollows : "Sec. 257. Where the cost and expenses of any of the following improvements, viz: a change of grade, condemnation of any land or an easement therein,,does not exceed the sum of Seven Hundred and Fifty ($750) Dollars, thessame shall be paid out of the general funds ; of the City." , Amend Sec. 259 to read as follows: "Sec. 259. The cost of any improvement and the assess- ment levied and assessed and against any real-property under the provisions of this Charter shall be a perpetual, paramount and continuing lien upon the real estate upon which the same may be 74 I I i imposed from and after the confirmation of such assessment as herein- before provided and until the same is;paid, provided, however, that as between grantor and grantee, vendor and vendee and mortgagor and mortgagee, the lien of such assessment shall attach as follows: i (1) Where such assessment is payable in one installment, then on and from the day of the publication by the Commissioner of Finance of a notice as hereinafter provided, for its payment. (2) When such assessment may be paid in two-or more installments, then the lien of the first installment shall attach on and from the day of the publication by the. Commissioner of Finance of a notice, as hereinafter provided, for its payment, and the lien of each subsequent installment shall attach on the first Monday of January of the year for which such installment ! is certified for collection to the County Auditor of Ramsey County by the Commis- sioner of Finance. The lien of such assessment or of any installment of such assessment shall be of equal rank with the lien of the State for taxes which have or may be levied upon said property under the general '�1aws of the State, and the general rules of law as to priority of tax liens shall apply equally to the lien of such assessments or installments thereof. It shall apply equally to such Liens for general taxes with the same force and effect as,though, all of the liens aforesaid and all the taxes and the assessments�and installments aforesaid were of the same general character and imposed for the same purpose and by the same authority without regard to the priority 75 I i in point of time of the attaching of either of said liens, and a sale or perfecting of title under either shall not bar or extinguish the other. The enforcement of the liens of any installment shall not operate to give the same superiority over subsequent unpaid installments. No assessment or sale made pursuant to this Charter shall extinguish or affect the lien of the City under an assess- ment previous to the adoption of this Charter." Amend Sec. 275 to read as follows: "1275. The Council shall have power and may provide sufficient funds by appropriation and tax levy therefor for the purpose of sprinkling, oiling and flushing of streets and other places. The levy and collection of said taxes shall in no way prevent the making and collection of assessment's for such sprinkling, oiling and flushing and cost of any equipment, and all sums realiz- able from such sources shall be used to pay for such equipment and the cost of such sprinkling, oiling and flushing in advance of the collection of the annual assessment therefor. �. Delete Section 275(a) and substitute therefor the following Sec. 275(a): . 11275(x). The Commissioner of Public Works shall keep accurate account of the cost, including inspection, of all sprinkling, oiling and flushing,as nearly as the same can be ascertained, in front of the lots or parcels of land fronting on said improvement. • 76 =• I Not later than the first day of November of each year, the said, ` Commissioner of Public Works shall report to the Comptroller and- deliver to the County Auditor of Ramsey County a copy of said report -� showing the total cost of such sprinkling, oiling and flushing, to -, gether with a-certification of sprinkling, oiling and flushing rates. On or before November 10 of each year, the Comptroller shall certify by resolution to the Council the report from the Commissioner of Public Works showing the total cost of such sprinkling, oiling and flushing." Delete Section 275(b) and substitute therefor the follow- ing Sec. 275(b) "Sec. 275(b). The County Auditor shall, after ratification of said report by, the Council and at its ,d'ir.ection, proceed to assess the cost of such sprinkling, oiling and flushing and the cost of making and collecting such assessment upon each lot, part or parcel of land fronting on such improvement upon the basis of the adjusted lineal frontage of such parcels, all in accordance with the report of the Commissioner of Public Works and the amount of sprinkling, oiling and flushing done adjacent to said premises, at rates certified by the Commissioner of Public Works. Upon completion of the assessment by the County Auditor, the County Treasurer of Ramsey County shall pro- ceed to collect and enforce the collection of the same in the same manner as provided herein for the collection and enforcement of the collection of assessment for other local improvements, and render due account thereof in the same manner and at the same time. 77 All moneys so collected and all interest, penalties and other moneys accruing thereto shall be kept in a separate fund and shall not other- wise be used except to pay, from time to time, the cost of such sprinkling, oiling, flushing and other expenses connected therewith in advance of collection of an assessment therefor." Add a new section to be inserted directly following the above Section 275(b), to be known as Section 275(c) and to read as follows: "Sec. 275(c). The cost of sprinkling, oiling and flushing property adjacent to or abutting exempt or tax - forfeited property as determined by the County Auditor shall be assessed in the same manner as provided in Section 275(b), and the assessment delivered to the Comptroller on or before the next April 1. The Comptroller shall, in preparing the next fiscal budget, include such portion of the above assessment that is by law immune from collection." Add a new section to be inserted directly following the above Section 275(c), to be known as Section 275(d) and to read as f ollows : "Sec. 275(d). The Council, upon recommendation by the Commissioner of Public Works, shall by resolution describe and desig- nate those streets, alleys, thoroughfares or public highways or other public or private places which shall be sprinkled, oiled and flushed under the direction of the Commissioner of Public Works." Delete the present Section 276 and substitute therefor "r • the f ollowing Sec. 276: 1 "Sec. 276. The Council shall have the power to establish and maintain, under the direction of the Commissioner of Public Works, a plant or outfit, including necessary vehicles and other material i and equipment, for the sprinkling, oiling and flushing of streets and other public places. The cost of maintaining, establishing and i enlarging such plant, outfit, apparatus, material and equipment shall be deemed a part of the cost of such sprinkling, oiling and flushing, for which assessment may be made." Delete Section 277 in its entirety. Amend Sec. 280 to read as follows : "Sec. 280. It shall be the duty of ',the Commissioner of Public Works annually to cause proposals to be published in the offi- cial paper, in the same manner and for the same time as for other pub- lic improvements, for the construction, relaying and repair of such sidewalks as may be ordered built, relaid or repaired by the Council prior to the first day of November of each year. Such proposals may provide for onesor. more contracts for the construction, repair and relaying of sidewalks of brick, stone, cement and any other material or materials. The work shall be let and placed under contract as other improvements for which an assessment shall be levied. Whenever the Council.shall pass a final order for the con- struction, repair or relaying of any sidewalk, the Commissioner of Public Works shall transmit a copy of such order to the contractor iwho shall proceed to comply therewith without unnecessary delay within 79 9 thirty (30) days after the delivery of such final order, except as hereinafter provided. The final order of the Council shall describe definitely the property in front of wh.ich such sidewalk shall be constructed, relaid or repaired as the case may be." Amend Sec. 281 to read.-,as follows: "Sec. 281. The said Commissioner of Public Works shall, as soon as practicable after the construction, repair or relaying of such sidewalks, report to the Commissioner of Finance the cost thereof including inspection thereof, as nearly as he can ascertain the same, and the said Commissioner of Finance shall proceed to assess such cost and inspection and the necessary cost of collecting such assessment upon lots and parcels of land benefited by said improvement upon the ,basis of the lineal frontage of such lot or parcel of land, and thereafter the pro- cedure for perfecting such assessment and the collection and the enforcement thereof shall be the same as in the case of other assessments." Amend Sec. 291 to read as follows: 0 0 80 II "Sec. 291. In case of emergency, as determined by the Council expressed by resolution of the said body, or by a resolu- tion of the Board of Education in matters involving the public schools, where failure to act promptly will work an injury to the City or to the schools, the Purchasing Agent, with the written consent of the Comptroller and Mayor, or, in the case of school matters,with the written consent of the Comptroller and the Superintendent of Schools, may purchase supplies or services or rent equipment with or without operators thereof to any amount without advertisement and competitive bids." -- Amend Sec. 297 to read as follows: "Sec. 297. All contracts and purchases of supplies are hereby divided into the following classes: (a) Informal Purchases. All purchases or contracts under the sum of Five Hundred ($500) Dollars shall be made in such manner and from such persons as the Purchasing Agent may determine. (b) Informal Bids. All contracts and purchases of Five Hundred ($500) Dollars and not to exceed Two Thousand ($2,000) Dollars shall be made upon such informal bids or proposals, not less than two, as the Purchasing Agent may procure or may be filed with him, and shall be awarded to the lowest responsible bidder by the i Purchasing Agent., Notice of such proposed purchases shall be posted in the office of the Purchasing Agent for not less than one day. (c) Formal Bids. All purchases or contracts in excess • 81 • of the sum of Two Thousand Dollars ($2,000) shall be made only upon competitive sealed bids and after advertisement therefor in the official newspaper for at least once a week for two successive weeks. Such advertisement shall state the kind and quantity of articles desired and the quality thereof either in full or by reference to the standard specifications, the time and places for the filing and opening of bids. All formal bids shall be made on forms provided by the Purchasing Agent, shall state the price, the quantity and quality of each article bid on,,and shall be sealed, but may be as to one or all of the articles named in the advertisement and shall also be filed at the time and place therein designated. All�bids shall be publicly opened by the Purchasing Agent at the time and place named in the advertisement in the presence of the Mayor and the Comptroller . i or their representatives and such other persons as may be present; in the case of school purchases, bids shall be opened in the presence' of the Comptroller and of the Board of Education or their'representatives. (d) Notwithstanding the provisions of Section�-,3�20 or other provisions of this Charter, the Purchasing Agent may waive th,e requirements for a performance bond and the. requirements for a formal contract on all purchases of supplies where the total purchase does not exceed the sum of Two Thousand ($2,000) Dollars." Amend Sec. 298 to read as follows: "Sec. 298. The Purchasing agent may reject all bids and that of any persons, with the consent of the mayor, or, in the case • 82 r • of school purchases; the Board of Education, who has failed to per- form a previous contract with the City. However, the Purchasing t Agent shall not be required to reject bids containing alterations or erasures unless such alterations or erasures destroy the legibility I of the bid. In case of the rejection of all bids, the Council, or, in the case of school purchases, the Board of Education, may authorize the Purchasing Agent either to reladvertise or purchase such article or articles in such other manner,1subject to this Charter, as it may prescribe." Amend Sec. 304 to read !as follows: "Sec. 304. (a) Sketch Plans. Whenever the erection of any building is contemplated either by the Council or any Commissioner, then the Commissioner of Parks and Recreation and Public Buildings, upon written request, shall prepare, as soon as practicable, any and all sketch plans and other data therefor. (b) Complete Plans and Specifications. When any such im- provement has been authorized, the Council shall direct the Commis- sioner of Parks and Recreation and'Public Buildings to prepare or cause to be prepared complete plans, estimates.of cost and specifica- i tons therefor. Under the direction of the Commissioner aforesaid, the City Architect shall frame plans and specifications and make esti- mates of cost for all public buildings and superintend the construction thereof. The Council may, however, authorize the said Commissioner to employ a consulting or designing architect or architectural firm to aid in such work at such compensation as it shall fix. All plans and specifications shall be prepared and approved.in the manner provided 83 for in the chapter on Parks and Recreation and Public Buildings in this Charter, as modified by this section.' (c) Construction of Buildings. (1) By Contract. The committee on public buildings shall direct the Purchasing Agent to advertise for proposals in accordance with the provisions of this Charter for alternative proposals: (1) upon the basis for the construction of said building ixed g at a price to be named by the I bidder, a.nd (2) upon the basis of the construction of the said building by the said bidder upon force or cost account, which latter bid shall contain the costlthereof as estimated by the bidder and the per cent of the cost demanded by the bidder for construction and superintendence. It is hereby made the duty of the Commissioner of Parks and Recreation and Public Buildings to submit an estimate for such construction work. Subject to the approval of the Council, the said committee authorized by this Charter to open said bids shall award the contract for such improvement to the lowest responsible bidder either upon the basis of a fixed price or upon the basis of force cr cost account and percentage, or it may reject all bids and .re- advertise',, or it may recommend that the Commissioner of Parks and Recreation and Public Buildings perform such work. (2) Construction of Buildings - -By City Department. When- ever in the judgment of the Council-the construction of any building V can be more economically done by the City, either before or after the submission of proposals therefor, it shall direct the Commissioner - E of Parks and Recreation and Public Buildings to do such work for the department requiring the same upon the basis of force or cost account, but no percentage for construction shall be allowed. (d) The Board of Education shall have authority to retain the services of ind'ependent architects, engineers, consultants, or architectural,engineering or consulting firms for the estimate of costs, preparation of plans for the erection,'alteration or repair of buildings, and for the superintendence of construction thereof. Services of such independent experts, firms, or of the Department of Parks and Recreation and Public Buildings personnel, performed for said Board, shall be paid from the school fund and all plans adopted for use of the Board shall first be approved as to conformance with City ordinances by the Commissioner of Parks and Recreation and Public Buildings. All proceedings for the obtaining and opening of bids and letting contracts for such, improvements shall be subject to the ap- proval of the Board of Education. Such contracts shall be awarded to the lowest responsible bidder and the Board shall have power to reject any and all bids and direct re- advertisement therefor." Amend Sec. 305 to read as follows: "Sec. 305. Any and all repairs, replacements or altera- tionsnto any building or buildings, the,cost of which shall exceed the sum of Two Thousand Dollars ($2,000) or the work of which shall not be done and performed by the employees and under the direction of any officer or department of the City shall be made in the manner hereinbefore prescribed for new construction work." IM $1 Amend Sec. 310 to read as follows: "Sec. 310. Unless otherwise herein provided plans and specifications for buildings to be erected for the City of Saint Paul or any department, bureau or activity thereof shall be prepared under the direction of the Commissioner of Parks and Recreation and Public Buildings; all plans and specifications for engineering work shall be prepared under the direction of the Commissioner of Public Works. All other plans and specifications shall be prepared as in this Charter otherwise provided, or where not provided for shall be prepared as the Council shall direct." ' Amend Sec. 324 to read as follows: "Sec. 324. There is hereby created a Department of Public Works which shall be composed of the bureaus of Engineers, Construc- tion and Repair, Bridges, Sanitation, and General Administration and subject to the Charter and - enactments in pursuance thereof, the same shall be under the full and complete control, direction and management ,,of the Commissioner of Public Works. The Commissioner of Public Works shall appoint a'Deputy Commissioner of Public Works and may place in his hands any responsi- bility or function other than legislative duties in connection with the discharge of official duties which may be placed by law upon said,Commissioner, but he shall be responsible to the City of Saint Paul for all official acts whatever of said Deputy Commissioner, or any other acts which may affect the interests of said City, it 0- 86; i f Amend Sec. 325 to read as follows: "Sec. 325. The said Commissioner of Public Works shall I be the chief engineering officer of the City and,'subject to the Charter and the enactments in pursuance thereof, shall name and appoint the following officers and employees who shall be and constitute the Bureau of Engineers: A chief engineer. f or a term of two years from and after his appointment and until his successor is appointed and qualified. Such engineers, stir „veyors, draughtsmen and other employees as the Council, by -an administrative ordinance, shall provide and at such compensation as it shall fix.” ,Delete Section 335 in its entirety. Delete Section.336 in its entirety. Delete Section 337 in its entirety. Amend Sec. 340 to read as follows: "Sec. 340. Every prisoner sentenced from Municipal Court confined in a penal institution of the City of Saint Paul or Ramsey County or in an institution operated by the Joint Detention and Corrections Authority of the City;:, of Saint Paul and the County of Ramsey, or being in the lawful custody,of an officer or other person of such institution, who shall escape from any such insti- tution, or shall damage any such institution with intent to escape therefrom, or who shall attempt by force or violence or in any other way to escape from any such institution, whether such escape be • effected or not, upon conviction thereof before the Municipal RN Court of said City, shall be punished by confinement in the Joint City and County Workhouse for a term not exceeding double the term for which such person was' so sentenced, to commence from and after the expiration of his or her former sentence." Delete Section 348 in its entirety. Delete Section 355 in its entirety. Amend Sec. 356 to read as f ollows "Sec. 356. The said'Commissioner shall be ex- officio the - chief peace officer of the City, and subject to the Charter and en- actments in pursuance thereof, shall appoint the officers and employees hereinafter named, who, together with the Chief of Police appointed as hereinafter provided, shall. constitute and be the Bureau of Police. The Commissioner of Public Safety shall appoint the follow- ` ing designated officers and employees: A Deputy Commissioner of Public Safety; t A License Inspector;• Such captains, lieutenants, detectives, patrolmen,., and such other employees as the Council, by an administra- tive ordinance, shall provide, including one or more women to be detailed for special work as police officers;' Such surgeons and other employees as the Council shall prescribe for the maintenance and operation of a police ambulance; and Such special policemen and watchmen as the Commissioner ADdeems necessary. The Commissioner may place in the hands of his Deputy 88 any responsibility or function other than legislative duties in connection with the discharge of official duties which may be placed by law upon said Commissioner, but he shall be responsible to the City of Saint Paul for all official acts whatever of said Deputy Commissioner, or any other acts which may affect the interests of said City. The License Inspector shall be appointed for a term of two years from and after his appointment and until his successor is appointed; provided, however, that this appointment shall be made with the approval of the Council. Special policemen and watchmen shall serv6 without pay, but all other appointees shall be paid such compensation as the Council shall fix. Such special policemen and watchmen who shall serve with- out pay shall have all the authority conferred upon policemen in the regular service and shall be subject to all the rules and regulations prescribed for such special policemen and watchmen and shall not be subject to the Civil Service provisions of this Charter." Delete Section 356(f) in its entirety. Amend Sec. 356(g) to read as follows: "Sec. 356(8). The Chief of Police may be removed for cause by four affirmative votes of the Council' at any time upon J charges preferred by the Mayor or by any member of the Council: The Bearings on said charges shall be held before the Council." Amend Sec. 367 to read as follows: • "Sec. 367. The said Commissioner of Public Safety shall be ex- officio fire marshal and head of the Bureau of Fire Protection, named, who shall be and constitute the Bureau of Fire Protection. A Fire Chief for a term of two years from and after his appointment and until his successor is appointed. The appoint- ment of said Chief shall be subject to confirmation by the City Council. An Assistant Fire Chief for a term of two years from and after his appointment and until his successor is appointed. Such battalion chiefs, captains, lieutenants, engineer, and other employees as the Council, by an administrative ordinance, shall provide and at such compensation as it shall fix." 4 Amend Sec. 371 to read as follows: "Sec. 371. The Council by ordinance may impose further powers and duties on the Bureau of Fire Protection, its officers and employees, including establishment of the average hourly work week. The manner of adjusting hours and shifts to provide this average hourly work week shall be at the discretion of the Fire Chief . No employee shall be subject to call or perform any duties in said department out of his regular hours established pursuant to the provisions of this section; provided, however, that the Fire-Chief may establish such rules as may be necessary to insure the attendance of employees in case of a great conflagration or unusual fire or fires, and in such cases said Chief may iequire each and every employee to assist in the protection of life and .s and subject to the Charter I and enactments In pursuance thereof, shall name and appoint the officers and employees hereinafter named, who shall be and constitute the Bureau of Fire Protection. A Fire Chief for a term of two years from and after his appointment and until his successor is appointed. The appoint- ment of said Chief shall be subject to confirmation by the City Council. An Assistant Fire Chief for a term of two years from and after his appointment and until his successor is appointed. Such battalion chiefs, captains, lieutenants, engineer, and other employees as the Council, by an administrative ordinance, shall provide and at such compensation as it shall fix." 4 Amend Sec. 371 to read as follows: "Sec. 371. The Council by ordinance may impose further powers and duties on the Bureau of Fire Protection, its officers and employees, including establishment of the average hourly work week. The manner of adjusting hours and shifts to provide this average hourly work week shall be at the discretion of the Fire Chief . No employee shall be subject to call or perform any duties in said department out of his regular hours established pursuant to the provisions of this section; provided, however, that the Fire-Chief may establish such rules as may be necessary to insure the attendance of employees in case of a great conflagration or unusual fire or fires, and in such cases said Chief may iequire each and every employee to assist in the protection of life and .s I I property, notwithstanding said employee has been relieved from duty under the provisions of this act." Amend Sec. 372 as follows: "Sec. 372. The Commissioner of Public Safety shall ex- officio be the chief health officer of the City and shall appoint a health officer, who shall be a duly licensed Doctor of Medicine of not less than five years' practice, for a term of six I years at an annual salary to be set by the City Council. Such health officer shall continue in office for a term of six years after the expiration of a prior term unless the Council, not earlier than ninety days nor later than sixty days before the expiration i of such prior term, shall determine by four affirmative votes to terminate his incumbency for the office on such expiration date. If the Council elects to terminate the said incumbency, it shall be the duty of the City Clerk to so notify the Commissioner of Public Safety of such action by the Council. There is hereby created the position of deputy health officer which shall be set up under and pursuant to the Civil Service system now existing in the City, and the Civil Service Commissioner of the City shall include the said position as a Civil Service position with proper title,and the said position of deputy health officer shall be treated thereafter in all things as a Civil Service position. Said Commissioner of Public Safety shall appoint such • other officers, physicians, inspectors, assistants, and other 91 0 employees as the Council, by an administrative ordinance, may provide and at such compensation as it shall fix." Delete Section 376 in its entirety. Delete Section 377 in its entirety: Delete Section 378 in its entirety: Amend Sec. 386 to read as follows: "Sec. 386. The Board of Education of the City of Saint Paul shall consist of seven elective, non - salaried members. They shall be elected for terms of office as provided in Section 5 and i subsequent sections of this Charter." Delete Section 395 in its entirety. Amend the title of Chapter XIX W to read as follows: "DEPARTMENT OF LIBRARIES, AUDITORIUM, AND CIVIC BUILDINGS." Amend Sec. 398 to read as follows: r • "Sec. 398. There is hereby created a .Department of Libraries, Auditorium, and Civic Buildings which shall be composed of the Libraries, Auditorium, Civic Educational Center, Stadia, and such other civic buildings as the Council shall designate. Said department shall be under the direction and control of the Commissioner of Libraries, Auditorium, and Civic Buildings. Said Commissioner shall appoint a Deputy Commissioner of Libraries, Auditorium, and Civic Buildings and may place in his hands any responsibility or function other than legis- lative duties in connection with discharge of official duties which may be placed by law upon said Commissioner, but he shall be responsible to the City of Saint Paul for all official acts whatever of said Deputy • Commissioner, or any other acts which may affect thie interests of said City. 92 0 Said Commissioner shall cause to be employed all assistants, and employees necessary for the administration of libraries, museums, galleries of art, stadia, and other civic buildings. The number, general duties and compensation of said employees or assistants shall be fixed by ordinance passed by the Council on recommendation of said Commissioner. Said Commissioner shall also cause to be appointed such janitors, caretakers and other employees as may be necessary for t the care and maintenance of the buildings in which said libraries, museums, galleries of art, stadia and other civic buildings are housed, but the number and duties of said employees and their salaries shall be fixed by ordinance passed by the Council on recommendation of said Commissioner." I - Delete Section 399 in its entirety. _ Amend Sec. 400 to read as follows: "Sec. 400. The said Commissioner shall have the manage- ment and control, subject to the action of the Council, of all public libraries, reading rooms, civic educational center, stadia and other civic buildings now belonging to or hereafter acquired by the City of Saint Paul, and of all property set apart for the use or maintenance thereof, and the control and expenditure, subject to action of the City Council, the provisions of this Charter and the laws of the State, of all moneys levied, collected or received for such purposes." Amend Sec. 401 to read as follows: "Sec. 401. Subject to the approval of the Council, said Commissioner shall appoint a director of libraries, at-,a salary"', 93 • determined by the Council by ordinance, who shall be a graduate of a university of educational standards equal to those of the University of Minnesota and who shall when appointed be familiar with library administration and practice. Said director of libraries shall be the administrative officer of the Commissioner in conducting public libraries and reading rooms, under the jurisdiction of the Commissioner." Amend Sec. 402 to read as follows: "Sec. 402. Said Commissioner shall prepare and present to the Council in the form of an ordinance such rules and regulations as may be necessary or advisable for the administration of said libraries, civic educational center, stadia and other civic buildings and the properties thereto belonging. The Council shall consider and may amend said ordinance, and after putting it into proper form shall pass said ordinance, which shall not be inconsistent with this Charter.`! Amend Sec. 404 to read as follows:' "Sec. 404. Subject to the action of the Council, said Commissioner shall have exclusive control over the expenditure of all moneys provided for the use of said libraries, civic educational center, stadia and other civic buildings, except as otherwise directed in this Charter. He shall have the supervision, custody and care of all grounds and buildings constructed, set apart, leased or in any other manner secured for the use of said libraries, civic educational center, stadia and other civic buildings." Amend Sec. 405 to read as follows: "Sec. 405. All moneys appropriated, received or collected for the construction, repair or maintenance of public libraries ., • shall be deposited in the treasury of said City in a fund to be known as the 'public library fund' which is hereby established, and shall be kept separate and apart from all other moneys of said City, and shall be paid out only upon proper vouchers approved and counter- signed by said Commissioner, and for purposes for which such moneys have been appropriated or received. All unexpended balances in said library fund at the end of any year shall remain in said fund and be available in the year following for the purposes for which said fund is intended. On recommendation of said Commissioner and under the pro- visions of this Charter, the Council shall have full power to authorize the purchase in the name of the City of Saint ,Paul of ground, and to cause to be erected thereon a suitable building or buildings, for the use of said library. On recommendation of said Commissioner said Council shall have power to accept or, in its discretion, decline donations tendered under the provisions of this Charter. On recommenda- tion of said Commissioner, said Council shall have power to improve, lease or let any and all property set apart for the use of said library, or otherwise acquired for the purposes herein referred to, upon such terms and conditions as it may deem best, and may authorize said Commissioner to deliver leases therefor. It may receive and ' support subscriptions for the benefit of said library fund." Delete Section 406 in its entirety. Amend Sec. 407 to read as follows: "Sec. 4071. Every library and reading room established or • maintained under the Charter shall be forever free to the use of the inhabitants of said City subject to such reasonable rules and regulations 95 as may be prescribed under the authority granted in this Charter or- by law, and said Commissioner may exclude from the use of any such place any and all persons who shall violate such rules and regula- tions. Non - residents may be admitted to the privileges of said libraries upon such conditions as said Commissioner may prescribe, subject to approval by the Council." i Delete Section 408 in its entirety and substitute the following as Sec. 408: "Sec. 408. On recommendation of said Commissioner and under the provisions of this Charter, the Council shall have full power to authorize the purchase in the name of the City of Saint Paul of ground, and to cause to be erected thereon suitable building or buildings for the use of said civic educational center, stadia and other civic buildings. On recommendation of said Commissioner said Council shall have power to accept or, in its discretion, decline donations tendered under the provisions of this Charter." Amend Sec. 410 to read as follows: "Sec. 410. The Council by four affirmative votes shall define conditions upon which the City may accept or decline donations of money or other property for the use of said library, civic educa- tional center, stadia, and other civic buildings, provided that such regulations shall be subject to repeal or amendment in the same manner and provided that all money or property so donated shall remain at all times in the control for the use of and under the direction .of the public through its proper officers as designated in this Charter." Amend Sec. 411 to read as follows: • "Sec. 411. It shall be the duty of said Commissioner to appoint twelve residents of Saint Paul properly qualified for the 96 • position to serve a term of two years from August J of each year in which there shall be elected a Mayor and Council, and such persons so appointed shall act as an advisory library board. The members of said board shall meet at said library with said Commissioner six times per year and make such recommendations as they may con- sider will promote the best interests of said library. Said library, its branches, etc., belonging to the City shall be open at all times i to the members of said advisory board for their inspection in such manner as not to interfere with the work being carried on in these places. The members of said board shall especially be expected to recommend how to make the resources of said library most profit- ably available to the public. Said recommendations when made by the board as a whole shall be in writing and shall be a permanent public record in the office of the Commissioner. Whether said recommendations are acted upon or accepted shall remain in the discretion of said Commissioner." , Amend Sec. 412 to read as follows: "Sec. 412. The Council is hereby authorized to levy and collect taxes and appropriate funds necessary for the proper maintenance and support of said library or libraries, civic edu- cational center, stadia and other pivic --buildings." Sec. 413. - amend title as follows: "The Auditorium; Commissioner of Libraries, Auditorium, and Civic Buildings in charge." Amend Sec. 415 to read as follows:: • "Sec. 415. It shall be the duty of the Commissioner of 97 Libraries, Auditorium, and Civic Buildings and of the Council so to manage said auditorium building as to make it self- supporting or as nearly so as practicable. Keeping this end in view said Council shall by ordinance on recommendation of said Commissioner fix scales of prices for the use of said auditorium and determine to what uses it shall be devoted, provided that such uses shall always be for the benefit of the public of Saint Paul. It is the intention of this Charter that distinction shall be made in determining scales of prices between-,persons who hire the use of the auditorium for gain and those who engage it for gatherings or entertainments for which no admittance fee is charged. In no case shall the amount charged for the use of the building be less than the actual cost of heating, lighting and attendance occasioned by such use. The Council may, however, where the use is strictly for the public purpose or benefit to all the people of Saint Paul, and where no admittance fee is charged, reimburse from the contingent fund- the auditorium fund for such expenses, and provide at the time of making such appropriation for reimbursement that the use of said building shall be free." Delete Section 417 in its entirety. Amend the title of Chapter XX to read as follows:. "Commissioner of Parks and Recreation and Public Buildings ". Amend Sec. 418 to read as follows: "Sec. 418. The Commissioner of Parks and Recreation and Public Buildings shall have the management and control under the limitations of this Charter of all lands which have been or may be acquired for parks, parkways or playgrounds,other than school playgrounds, within this City. He shall direct all expenditures from the parks and playgrounds funds for the maintenance and improve- ment of parks and parkways and shall have power to provide, either f directly or by lease of privileges approved by the Council, such conveniences, accommodations and entertainments as he may deem proper for the use, enjoyment or recreation of all persons visiting said parks or parkways or playgrounds. Said Commissioner shall appoint a Deputy Commissioner of 'Parks and Recreation and Public Buildings and may place in his k- hands any responsibility or function other than legislative duties in connection with discharge of official duties which may be placed by law upon said Commissioner, but he shall be responsible to the City of Saint Paul for all official acts whatever of said Deputy Commissioner or any other acts which may affect the interests. of said City." Amend Sec. 425 to read as follows: "Sec. 425. Said Commissioner shall,with the approval of the Council appoint a suitable superintendent of city parks who shall be a skilled landscape architect or engineer. Said superintendent shall perform such duties as may be prescribed by said Commissioner." 0 99 Amend Sec. 431 to read as follows: "Sec. 431. Said Commissioner shall be ex- officio building inspector of the City of Saint Paul. With th 'ie approval of the Council he shall appoint a competent architect of not less than five years' practical experience in his profession next preceding his appointment, to work under the direction'af said Commissioner." Amend Sec. 434 to read as follows 7°Sec. 434. Besides performing such duties as the Council or the Commissioner of Parks and Recreation and Public Buildings may prescribe, said architect shall prepare or have prepared plans, specifications and estimates, under the direction of said Commissioner, for all public buildings of any and.every character whatever to be erected or altered by the City of Saint Paul or by any department, bureau or officer thereof.. Through said Commissioner said architect shall submit said plans to the officer or department responsible for the expenditure of the funds with which said building is to be erected or altered. If said plans meet the approval of said officer, he shall submit them to the Council, and after their approval by resolution of the Council, they shall be the official plans for the .building in,.question. If they do not meet with the approval of the 'officer re�onsible for the expenditure of said funds, he shall point out in detail to said Commissioner of Parks and Recreation and Public Buildings and to said architect his objections to said plans, and said 10 roo • Commissioner shall cause said architect to meet such objections. If in the opinion of the Commissioner of Parks and Recreation and Public Buildings such objections are well taken,,he shall require said architect to so modify said plans as to remove said objections. If on the other hand said architect and said Commissioner of Parks and Recreation and Public Buildings consider said plans proper, he shall have said architect report upon said plans in detail, and said Commissioner shall lay said plans with the objections to them and the report of the architect before the Council, which shall approve said plans or shall order said Commissioner to have new plans prepared. Plans shall in this manner be prepared and submitted to said Council until they prove satisfactory to the Council and are approved by it." Amend Sec. 438 to read as follows: "Sec. 438. Subject to the Council,,said Commissioner shall have full charge of and responsibility for all playgrounds belonging to the City of Saint Paul, except playgrounds attached I to public schools, and it shall be his duty to�see that they are used to the best advantage for the purposes for which they are intended. On recommendation of said Commissioner the Council I shall by ordinance make proper rules and regulations for the use and enjoyment of said playgrounds and shall provide for their enforcement. The Council shall have full authority to provide penalties for the violation of said ordinances. 101 u Delete Section 445 in its entirety. Amend Sec. 446 to read as follows: "Sec. 446. Said Commissioner shall have full administrative control under the direction of the Council and shall be responsible for the operation of any public utility which the City of Saint Paul may now own or may hereafter acquire, except as otherwise provided in this Charter. Said Commissioner shall appoint a Deputy Commissioner of Public Utilities and may place in his hands any responsibility or function other than legislative duties in connection with discharge of official duties which may be placed by law upon said Commissioner, but he shall be responsible to the City of Saint Paul for all official acts whatever of said Deputy Commissioner or any other acts which may'affect the interests of said City. In accordance with the terms of this,Charter said Commis- sioner shall appoint such assistants and employees as may be neces- sary to carry out the duties placed upon him by this Charter or the ordinances of said City in harmony herewith. Said Council shall fix by ordinance the numbers, titles and compensation of said employees. Said Commissioner and his employees,shall be advisers of the Council upon all technical questions relating to said public utilities." Amend Sec. 447 to read as follows: 102 "Sec. 447. The Council shall provide for the establish- ing of municipal testing laboratories under the direction and 102 0 management of the Commissioner of Public Utilities Said Commis- sioner shall prepare an ordinance for the establishing of said laboratories, fixing the numbers, titles and salaries of the necessary employees thereof and defining their duties and powers. Said Council shall consider said ordinance and, after amending it &6 said Council may deem proper, shall pass said ordinance. Said ordinance shall provide for a skilled chemist and such other skilled technical officers and employees as may be necessary to carry out the intent of this section. If• thought necessary said Council may, upon the recommendation of said Commissioner, provide in connection with said laboratories for a force of inspectors to look after and inspect all work performed or supplies or material pur- chased by or under the direction of this or the other departments for which inspectors are not otherwise provided in this Charter. Provided, that the cost of inspection shall not in any case exceed one per centum of the construction cost of the work or service inspected or one -half of one per centum of the cost df supplies or materials purchased." "- Amend Sec. 461 to read as follows: ` "Sec. 461. The said board shall assess against each and every lot, piece or parcel of land in front of which water pipes are laid an annual tax or assessment of twenty -five (25) cents per lineal foot of the frontage thereof ,' which assessment shall be a lion thereon and shall be collected by and through the • County Auditor and County Treasurer in such manner as the Council 103 0 by an administrative ordinance shall prescribe';. but no property shall be subjected to more than ten such annual assessments; and all sums so collected shall be for the benefit and use of the said board." Amend Sec. 464 to read as follows:, "Sec.. 464. All bonds heretofore issued by the City for the purchase or improvement.of the water system of the City are hereby declared to. be legal and valid obligations of the City of Saint Paul. Upon-request of the said board, the Council shall have power by five affirmative votes of all its members to issue and sell not to exceed Three Hundred Thousand Dollars ($300,000) par value of the bonds of said City for the purpose of , sand the pro- ceeds thereof shall be used solely for, extending, enlarging and improving the water plant and system of said City, provided, how- ever, that no more than One Hundred Thousand Dollars ($100,000) par value of said bonds shall be issued and sold in any one calendar year. Said bonds shall be in shall bear interest at a rate not annum, and shall be payable in no- after their date. It is the duty suitable provision for the prompt the form prescribed by the Council, to exceed four (4) per cent per t to exceed thirty (30) years of said board to make annually payment of the interest on anj ,-'said bonds and for the redemption of said bonds at their maturity from the revenues of said board. Said bonds may be issued and sold notwithstanding any 104 other provisions of this Charter nor any provision of law fixing the bonded indebtedness of said City, but they shall not be addi- tional to the bonds authorized in the provisions of this Charter relative to City finances." Delete Section 467 in its entirety. Delete Section 482 in its entirety. In accordance with the provisions of the Laws of 1961, Chapter 608, this amendment will take effect and be in force from and after January 1, 1963. I i 105 I I I II . 105