Bemidji Daily Pioneer Newspaper, January 25, 1919, Page 2

BEMIDJ1, MINNESOTA 5 We, the people of the City of Bemidji, Minnesota, in or- der to obtain the benefits of local self-government, to encourage more direct and business-like methods in the transaction of our municipal affairs, and otherwise to promote our common welfare, do adopt the following charter for our city: Powers of the City Sec. 1. The inhabitants of the City of Bemidji, Minnesota, as its limits now are or hereafter may be established, shall con- tinue to be a body politic and corporate, to.be known and des- ignated as “The City of Bemidji, Minnesota,” and as such shall have perpetual succession. It shall have and may exercise all powers which now or hereafter it would be competent for this charter specifically to enumerate, as fully and completely as though ‘said powers were specifically enumerated herein; and no enumeration of particular powers by this charter shall be held to be exclusive. : The City Commission Sec. 2. CREATION AND POWERS:—There is hereby created a City Commission to consist of five electors of the city elected at large, who shall hold office for a term of four years, be- gining the first Tuesday after the first Monday in Jan- wary after their election, except as otherwise provided in Section 83 of this charter. All the powers of the city, except as otherwise provided by this Charter or by the con- stitution or laws of the state, are hereby vested in the city com- mission ; and, except as otherwise prescribed by this Charter or Dy the constitution or laws of the state, the city commission may by ordinance or resolution' prescribe the manuer in which any power of the city shall be exercised. In the absence of such provi- sion as to any power, such power shall be exercised in the man- ner now or hereafter prescribed by the general laws of the state applieable to municipalities. = ™ U ogens o - “ Sec. ‘3. ., QUALIFICATIONS OF MEMBERS:—FEach member of the - city: commission, shall-:-have - been, during. his term of office shall -continue to be, a resi- dent .of :the .City of the : qualifications, . of .an elect Public, or in connection with state military service. -~ No.candidate for the office of city commissioner shall make any personal canvass among the voters to secure his nomina- tion or election, or the nomination or election of any other can- didate at the same election, whether for municipal, county, or other office. He may cause notice of his candidacy to be published the newspapers, and. may. procure the circulation of a petition for his nomination; but he shall not personally circulate petition, nor by writing or otherwise solicit anyone to support him or vote for him. He shall not expend or promise any money, office, employ ment; or other thing of value to'secure a-nomination.or election; but he may answer such inquiries a8 may be put to him and may declare his position publicly upon matters of public interest,-eith- er by addressing public- meetings or by making written sfate- menta for newspaper, publication or general circulation.-"A vio- lation. of ‘these: provisions, or any of them, from holding the office, if elected; and the person receiving next highest number of -votes, who has conditions, shall be entitled to the office. Sec. 4. VACANCIES:—Any vacancy in the sion, except as otherwise provided in this charter, by the remaining members by the majority vote thereof. Such appointee shall hold oftice until the next regular municipal election at which time a commissioner shall be elected for the unexpired term. If by any. reason of resignations, dedths; failure to. elect , or other circumstaice, thivee” or - more vacancies exist or oceur . at the same time in. said ¢ity commission, or if said commission fails to fill any. vacancy within ten days after the same occurs, then the Trustees of the Sinking Fund shall forthwith make such number of appointments as may be necessary to constitute a city commission of three qualified members, which three members shall at once proceed to fill the remaining vacancies as hereinbefore provided. The/ Trustees of the Sinking Fund shall causeé their certificate of such appointment to be entered on the journal of the commission. P T CHARTER OF THE CITY OF Bemidji, Minnesota, and shall have from day to day and compel the attendance of absent members in tor therein, He shall not|such mannerand under such penalties as may be prescribed b ' bold any other public office or employment except that of Notary ordinance. state|ordinance or resolution.shall. be introduced in typewritten or in|shall be clearly stated in the title; but general appropriation or- such | moneys are .{enacting clause of all ordinances submitted: to popular election shall disqualify. him jafter the|nance or resolution or section thereof shall be revised or amended, observed the foregoing|un city commis.|inal ordinance, resolution, section or sections so amended shall shall be filled {be repealed. THE BEMIDJI DAILY PIONEER and he shall himself be the judge of what constitutes such public danger or emergency. The powers and duties of the president shall be sucl(’as are conferred upon him by this charter, the city commission in pursuance of the provisions of this char- ter. | If the President be temporarily absent from the city, or be- comes temporarily disabled from any cause, his duties shall be performed during such absence or disability by the vice-presi- dent. In the absence of both president and vice-president the other members of the city commission shall select one of their number to perform the duties of president. Sec. 7. TIME OF MEETING :—At eight o'clock P. M., on the first Tuesay following the first Monday in January, the city commission shall meet at the usual place for holding the meet: ings of the legislative body of the city, at which time the newly elected commissioners shall assume the duties of their office. Thereafter the city commission shall meet at such times as may be prescribed by ordinance or resolution, except that it shall meet regularly not less than one eyening each week. The President, any two members of the commission, or the city manager, may call special meetings of the commission upon at 1east twelve hours’ written notice to each member, served per- seoally or left with some person of snitable age aid discretion at his usnal place of residence. All meetings of the city commission shall be public and any citizen shall hive access to the minutes and records thereof at all reasonable times. The commission shall determine its own rules and order of business and shall keep a journal of its proceedings. Sec. 8. PENALTY FOR ABSENCE:—For each absence of a city commissioner from a regular meeting ¢f the commis- sion, there shall be deducted a sum equal to two per cent of the annual salary of such member. Absence from five' consecutive regular meetings shall oper- danger or emergency, ate to vacate the seat of a.member, unless such absence is caused by-inability to attend by reason of sickness or unless the absence is excused by the commission by resolution setting forth such|. excuse and entered upon the journiz_l. Sec. 9. LEGISLATIVE PROCEDURE:—A majority. of and|all the members elected to:the.city commission shall constitute a quorum to’transact business, but:-a Jless number may. adjourn The affirmative vote of atleast three of the members shall be necessary: to adopt an ordinance or resolution; and the vote upon the passage of all ordinances and resolutions shall be taken by “yeas” and “nays” and entered upon the journal. . Sec. 10. ORDINANCE: ENACTMENT :—Each proposed printed form, and shall not contain more than one subject, which dinances may contain the various subjects and accounts for which dinances passed by the city commission shall be, “Be it _ordained by, the City Commission of the City.of Bemidji, Minnesota.” The by the initiative shall be: “Be.it ordained by the people-of:the, City of Bemidji; Minnesota,”: i g ot s g et No ordinance unless it be an emergency measure, shall be passed until it has been read three regular: meetings-not less than one week apart: ' ‘Such’ordinance shall not: be amended the meeting at which. its second reading:is had. -No ordi- less the new ordinance.or resolution contained the entire ordi- nance or resolution, or section revised or amende ; and the orig- Sec. 11. EMERGENCY MEASURES:—All ordinances and resolutions passed by the city commission shall be in effect from and after thirty days from the date.of their passage, ex- cept that the city commission may, by an affirmative vote of four of. its members, pass -emergency.measures o take, -at. the time indicated. therein. 3 TN At An emergency méasure is defined as an ordinance or resolu- tion for the immediate preservation of the public peace, property, health, or safety, in which the emergency is set forth and defined in a preamble thereto. ) B ; Ordinances appropriating money may be passed as emer- gency measures, but no measure making a grant, renewal or ex- tension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility, shall ever be so passed. ' See. 5. SALARY AND BONDS:—Each member of the c¢ity commission shall recgive a salary of one huvndred dollars a year, payable in equal quarterly installments; and shall give; bond in the sum of one thousand dollars for the faithful per- formance of his duties with some bonding company regularly aceredited to do business in the State of Minnesota, as snvety thereon, to the approval of the City Attorney, and the premium of each such bond shall be paid by the city. See. 6. CHIEF MAGISTRATE:—The city commission shall at the time of organizing, elect one of its memberg as president who shall also be Mayor and another as vice-presi-| dent for terms of two years. In case the members of the city commission, within five days after the time herein fixed for their organization meeting, are unable to agree ' upon a president or a vice-president, or both, as the occasion may re- quire, then shall such officers be selected from all the members of such commission by lot conducted by the City Attorney; who Sec. 12. RECORD AND PUBLICATION :—Every ordin- ance or resolution upon its final passage shall be recorded in a book kept for that purpose, and shall be authenticated by the signatures of the presiding officer and the clerk of the commis- sion. Every ordinance of a general or permanent. nature shall be published once within ten days after its final passage in the manner hereinafter provided. 3 Resolutions and ordinances providing for public improve ments, to pay the cost of which special assessments are to be ' made, need not be published; but within ten days after the pass- age of each, a notice shall be published, as hereinafter in this sec- tion specified, the same being in addition to the notice required by lawsto be served on the property owners. As to the resolution declaring the necessity of the proposed improvement, a notice shall be published, headed “Notice of Pub- lic Improvement,” stating when the same was adopted by the shall certify the result of such lot upon the journal of the com- mission, s . The President shall preside at all meetings of the commission and perform such other duties be imposed by it; and he shall have a voice and vote in its pro- ceedings, but no veto. He may use the title of mayor in any case in ‘which the execution of legal instrumen necessity arising from the general laws of the state so requires; but this shall not be construed as conferring upon him the ad- ministrative or judicial functions of a mayor under the general laws of the state. ing civil process, and for all ceremonial purposes. He may take command of the ts of writing or other|provement, a notice shall be published headed, The President of the city commission shall be recognized as|may be the official head of the city by the courts-for the purpose of serv- bonds will be issued for that portion of the by the Governor for the purpose of military law, paid. city commission, and setting forth the general nature and the ex- tent of such improvement, including any change of street grade that is to be made, what part of the cost thereof is to be assessed consistent with his office as may|against the property to be especially benefited thereby, and when water, gas, or other street connection must be made. As to the ordinance determining to proceed with the im- “Notice of Deter- mination to Proceed with Public Improvement,” stating when the city commission adopted the same, describing the character and extent of the improvement in general terms, and setting forth within what time assessments on property specially benefited paid in cash, and for what period and at what interest together with such others as are conferred by to be appropriated. The enacting clause of all or- _[duly passed-and: adopted: *Iby SATURDAY EVENING, JANUARY 25, 1919 the State of Minnesota, applicable to cities of the class in which | Bemidji is now or may be classified. - ? N No resolution declaring it necessary to proceed with any : public improvement shall be adopted until complete plans, speci- ! flcations, profiles and estimates have been submitted to the city commission and been approved by it; and the same, or a copy thereof, shall thereafter remain on file in the office of the city manager, subject to inspection by the public. { ‘ Sec. 13. PRICE AND MODE OF PUBLICATION :—All of the above-mentioned publications, as well as all other newspa- per publications made by the city, shall be published in ainews- paper or newspapers of general circulation in the municipality, in the body type of the paper, and under headlines in eighteen | point type, specifying the nature of the publication; and, where f,legally permissible, such publication shall be made but once and {in one newspaper only. The newspaper carrying such publiea- ition shall be paid a price per folio of space used and at the lowest !and best rate offered. Whenever it may appear to the city com- imission that the rates offered by such newspapers are unfair, such other means of securing due publicity may be employed, in lieu of newspaper advertising, as the commission may by resolution - | determine. i Sec. 14. APPOINTMENT :—The city commission shall ap- [ point a city manager who shall be the administrative head of the municipal government under the direction and supervision of the city commission, and who shall hold office at the pleasure of the city commission. He shall be appointed without.regard to his political beliefs and need not be a resident of the city at the time of his appointment. During the absence or disability of the city |manager, the cify commission may designate some properly qualified person to execute.the functions of the office. 5 Sec. 15. POWERS AND DUTIES :—The powers and du- ties of the city manager shall be: (a) To see that-the laws and ordinances.are enforced. (b) - Except as herein otherwise provided, to-appoint, and remove all heads of departments, and all subordinate officers and employes of the city; all appointments to be upon merit and fit- ness alone. & : G (c) To exercise control over all departments and divisions cf-eated herein or that hereafter may be created by the commis- sion. # Beunr (d) - To see that all.terms.and conditions:imposed in:favor of the city or its inhabitants in any. public utility franchise, are faithfully kept and, performed; and mpon:knowledge: of any vie- lation thereof, to eall the same to the attention, of the City“At- torney, who is hereby:required to take such steps as are neces- sary to enforce the-same. : 4 R (e) - To attend'all ‘meetings of the commission, with the ' right to take part in the discussions, but having no vote. - e (f) To recommend to the commission:for adoption such measures as he may deem necessary or expedient. e twe (g) To act as budget commissioner and to keep the cxty commission”fully advised as to the financial condition and needs of the city. : 199 (h)- - The city manager shall be the acting head of each-dnd every department of the city. No member:of the’ commission” shall interfere with-the conduct of any department, except-at the express direction of the commission, by resolution or ordinance & (1) .. The eity manager shall manage and supervise all public provided in this charter. o o O 4 B i~ “-(j) ~.The city manager may, without: notice, cause: the-af- fairs of any department or conduct of any appointed officer or employee to be examined. He may-discharge any- officer.orem: . ployee; appointed- by ‘him,-and: if any such: officer 0f.employes be 80 discharged, the city manager shall forthwith certifydn.writ- ing the fact to the commission, with the reasons for such ‘dis charge. In’the investigation of any department or the conduct of any officer or employee of the city, the manager- shall have duction of books, papers, and other evidence. S o (k) :To perform such other duties as may be prescribed ‘this. charter or be required of ‘him by ordinance or resolu- tion of the commission. e ; Administrative Officers Sec. 16. CITY ATTORNEY :—The city commission shall ap- point a City Attorneywho-shall hold-office at- the pleasure.of the commission, He shall act as the legal adviser to, and attorney and counsel for, the municipality and all ita officers in matters relating to their official duties. He shall prepare all contracts, bonds and other instruments in writing in which the munici- pality is concerned, and shall endorse on each his approval of the form and correctness thereof; and no contract with such munici- pality shall take effect until his approval is endorsed thereon. He shall be the prosecutor in any police or municipal court. He shall perform such other duties as may-be required of him by, the city commission, as wéll as such as may be required of city ttorneys.by the general laws of the state applicable to muniei- palities' and not inconsistent with this charter or with any or- dinance or resolution that may be passed by the city commis- sion. hoer & . Sec. 17. CITY CLERK :—The city commission shall ap- point a City Clerk who shall hold office at the pleasure of the commission. - i The City Clerk shall be Clerk of the commission. He shall issue all warrants for payments of moneys by the city. He shall keep an accurate account of all taxes and assessments, of all money due to, and all receipts and disbursements by the munici- pality, of all its assets and liabilities, and of all appropriations made by the city commission. At the end of each fiscal year, and oftener if required by the city commission, he shall audit the accounts of the several de- partments and officers, and shall audit all’ other accounts in which the municipality is interested. Upon death, resignation, removal, or expiration of the term of any officer, the City Clerk shall audit the accounts of such of- ficer, and if such officer shall be found indebted to the municipal- ity, he shall immediately give notice thereof to the city commis- sion, and the City Attorney; and the latter shall forthwith pro- ceed to collect the same. The City Clerk shall perform the duties assessment not so These bonds and all other bonds issued by the City of Be- police and govern the city by proclamation during time of public 'midji shall be issued in accordance with the general statutes of of City Assessor as may be required of City Assessors by the gen- eral laws of the state applicable to municipalities. In addition to such duties the city clerk shall perform such improvements and undertakings-of. the city, exeept-as otherwise.. o the power to “compel the ‘presence of witnesses and the pro- .. Defecti ve