Bemidji Daily Pioneer Newspaper, January 25, 1919, Page 3

SATURDAY EVENING, JANUARY 25, 1919 other duties as may be required of him by the City Commis- gion and as may be required of City Clerks by the general laws of the state applicable to municipalities and not inconsist- ent with this charter, or with any ordinance or resolution that may be passed by the city commission. Sec. 18. CITY TREASURER :—The city commission shall appoint a city treasurer who shall hold office at the pleasure of the city commission. The city treasurer shall be the custodian of. all moneys of the municipality, and shall keep and preserve the same in such manner and in such place or places as shall be de- termined by the city commission. He shall pay out money only on warrants signed by the City Clerk and the City Manager. In addjtion to such duties he shall perform such other duties as may be required of.him by the city commission, as well as such as may-be required of city treasurers by the general laws of the state applicable to municipalities and not inconsistent with this charter or with any ordinance or resolution that may be pass- ed by the city commission. Sec. 19. TRUSTEES OF THE SINKING FUND:—The president of the city commission, the City Attorney, and the City Treasurer, shall constityte the board of trustees of the sink- ing fund. - Administrative Boards Sec. 20. (a) The Library Board as now organized and existing ghall continue, and such board and all matters pertaining there- to ‘shall be governed by ordinance adopted by the city commis- sion. The present members of said board shall continue to serve for their unexpired terms, but successors to present members shall be appointed and vacancies filled by the commission. Hlowing information : (b) Park Board. Until the city commission shall other- wise provide, the commission shall constitute the Park Board and said board and all matters pertaining thereto shall be gov- erned by the general laws of the state in effect January 1, 1919, .or that may be thereafter enacted and applicable thereto. (¢) Board of Halth. The city board of Health shall con- gigt of three members, at least ‘one of whom shall be a licensed physician. They shall be appointed by ‘the city commission for - period of two years. The members of this board shall have and _ exercise all the authority and power and shall perform all the duties.granted to or imposed.upon local boards of health by the statutes of the State of Minnesota. In addition to such duties this board shall perform such other duties as may be re- .quired by the city commission. i (d) Board of Equalization. The city commission shall constitute the Board of Equalization, of which the President of the commission shall be the Chairman and the Clerk of the com- mission shall be the clerk of the board. They shall meet on the . fourth Monday in June at 10 o’clock a~m. and from day to-day / thereafter, by adjournment, until their work is finished. The powers and duties of this board of equalization shall be the same as prescribed by the general statutes of the state for town- ship boards of review and the mode of procedure shall be the same ae prescribed by the general statutes of the state for the conduct ‘of the proceedings of such-boards. R Excepting the officers; boards, commissions, and depart- ments hereinbefore specially mentioned and provided for, the city commission shall have power to establish, create, combine or abolish offices, boards, departments, or divisions when in its opin- ion the proper administration of the business of the city so re- quires. . Sec. 21. ADVISORY BOARDS :—The city commission at any time may appoint an advisory board or boards composed of citizens qualified to act in an advisory capacity, to.the city com- mission, with respect to the conduct and management of any property, institution or public function of the city, The| members of any such board shall serve without compensation for a time fixed in their appointment, or at the pleasure of the| commission; and their duty shall be to consult and advise with such city commission and make written recommendations which shall become part of the records of the city. Sec. 22. SALARIES AND BONDS :—The city commission shall fix by resolution the salary or rate of cowpensation of all officers and employes of the city entitled to compensation, oth- er than their own; and may require any officer or employee to give a surety bond for the faithful performance of his duty, in such an amount as it may determine, and it shall provide that the premium thereof shall be paid. by the city. Sec. 23. GENERAL DISQUALIFICATIONS:—No mem- ber of the city commission, the city manager or any other officer or employe of the city, shall directly or indirectly be interested in any contract, job, work or service with or for the city; nor in the profits or emoluments thereof, nor in the expenditure of any money on the part of the city other than its fixed compensation; and any contract with the city in which any such officer or em- ploye is, or becomes interested, shall be void and of no force or effect. : - ‘ “"No members of the city commission, the city manager or other officer or employe of the city shall knowingly accept any gift, THE.BEMID.H DAILY PIONEER g . PAGE THREE city commission an-estimate of the expenditures and revenues of|fiscal year. Such annual audit shall be made by the State all offices, departments and boards thereof for thte ensuing year.|Public Examiner and the report of such audit shall be filed The classification of the estimate of expenditures shall be as{in the office of the City Clerk the annual report of the City nearly uniform as possible for the main functional divisions of|Clerk, may be printed in pamphlet form for distribution to any all departments, and shall give in parallel columns the fol-fcitizen applying for a copy of same. . J (a) A detailed estimate of the expenses of conducting each office and department as submitted by its department. Sec. 34. (a) The City Commission shall have the power to de- (b) ~ Expenditures for corresponding items for the last two|termine the necessity for and order all public works, public and fiscal years. . . *|local improvements; to order any street improvements, curbing, (¢) Expenditures for corresponding items for the current|sprinkling of streets and sewer extensions and declare same’ to fiscal year, including adjustments due to transfers between ap-|be necessary public improvements; and to determine and fix propriations plus an estimate of expenditures necessary to com-|the district overswhich the special assessment to pay the cost plete the current fiscal year. ) of such public improvement shall be levied and the portion (if (d) Amount of supplies and material on hand at the date{any) of such cost which shall be spread upon the city at large. of the annual inventory. (b). The city commission shall provide by general ordi- (e) Increase or decrease of requests compared with the|nances the method of petitioning for the making of any public corresponding appropriations for the current year. or local improvement, street improvement or sewer extension and (f) Such other information as is required by the city com-|the time and manner of notifying the property oweners affected mission or that the city manager may deem advisable to submit.| by such special assessment for public or local improvements as (g) The recommendation of the city manager ‘as to the|well as the time and manner of a public hearing on said asses- amounts to he appropriated, with reasons therefor in such de-|ments. tail as the city commission may direct. Sufficient copies of such The city commission shall provide by general ordinances estimate shall be prepared and submitted, that there may be cop-|the manner and method of preparing the assessment rolls and es on file in the office of the city commission for inspection by|the certification of same to the proper officers; the method of the public. appealing from the special assessments and the notice, time, Sec. 27. APPROPRIATION ORDINANCE:—Upon Te-|place, and mauner of payment of such assessments. ceipt of such estimate the city commission shall prepare an ap- (¢) All public and local improvements, the cost of which propriation ordinance, but before finally acting upon such tent-|is to be met, in whole or in part, by special assessments, shall be ative appropriation, the city commission shall fix a timeé and|ordered by the city commission between the first day of January place for holding a public hearing upon the tentative appropria-|and the first day of August of any year, and no such public or tion, and shall give notice of such hearing. The city com-|local improvements shall be ordered at any time unless there is mission shall not pass the appropriation ordinance until ten days|sufficient money in or accruing to such fund, from which said after such public hearing. payment is to be_made, to meet the cost of such improvements Sec. 28. TRANSFER OF FUNDS:—Upon request of the{when the same become due. City Manager, the city commission may transfer any part of an (d) In levying special assessments to pay any part of unencumbered balance of an appropriation to a purpose or ob-|the cost of any public work or improvement, the city com- ject for which the appropriation for the current year has proved mission shall not exceed any limitation as to the amount insufficient, or may authorize a transfer to be made between items|thereof which may be prescribed by the general laws of the Improvements, Special Assessments, Contracts : appropriated to the same office or department. Sec. 29. UNENCUMBERED BALANCES :—At the close of each fiscal year the unencumbered balance of each appropria- tion shall revert to the respective fund from which it was appro- priated, and shall be subject to future appropriation. An accru- ing revenue of the city, not appropriated as hereinbefore provid- ed, and any balances at any time remaining after the purposes of the appropriation shall have been satisfied or abandoned, may from time to, time be appropriated by the city commission to such uses as will not conflict with-any uses for which specifical- ly such revenues accrued. No money shall be drawn from the treasury of the city nor shall any obligation for the expenditure of money be incurred, except pursuant to the appropriations made by the city commission, but nothing in this or the preced- ing section shall be construed to authorize the application of rev- enue derived from a public utility of the city to any other purpose than that of the utility from whicli the same was derived. J ; Payments, Reports Sec. 30. PAYMENT OF CLAIMS:—No warrant for the payment of any claim shall be issued by the City Clerk until such claim shall have been approved by the head of the depart- ment for which the indebtedness was incurred and by the city. manager, and such officers and their sureties shall be liable to the municipality for all Joss or damage sustained by the munic- ipality by reason of the corrupt approval of any such claim against the mumicipality. Whenéver any claim shall be present- ed to the City Clerk he shall have power to require evidence that| the amount claimed is justly due and is in conformity to law and; ordinance, an« for that purpose he may summon before him any officer, agent, o employe, of any department of the municipality, or any other | >rson, and examine rim upon oath or affirmation relative there.o. " Sec. 31. CERTIFICATION OF FUNDS:—No contract, agreement or other obligation involving the expenditure of mon- ey shall-be entered into, nor shall any ordinance, resolution or or- der for the expenditure of money be passed by the city commis- sion, or be authorized by any officer of the city, unless the City Clerk shall first certify to the city commission or to the proper officer, as the case may be, that the money required for such con- tract, agreement, obligation or expenditure, is in the treasury, to the credit of the fund from which it is to be drawn, and not appro- priated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement or obligation. - The provisions of this scc- state applicable to municipalities and in force at the time it is determined By the city commission that any such work shall be done or improvement maded. Unless for special reasons which shall be stated in the ordinance levying an assessment or providing for the issue of bonds to pay any part of the cost of any such improvement to be made pursuant to con- tract, no such ordinance shall be passed, or assessment levied or money borrowed, until the approximate cost of the improvement shall have been determined. Sec. 35. IMPROVEMENTS BY DIRECT LABOR :—Noth- ing in the preceding section, or in Section 37, shall he construed to prohibit the city commission from doing any public work or making any public improvement by the ¢direct employment of the necessary labor and the purchase of the necessary supplies and materials, with separate accounting as to each improvement so made, but the city ‘commission may upon so declaring by ordinance or resolu- tion, cause any public work or improvement to be done or'made in such manner. ‘Bec. 36. SEWER, WATER AND GAS CONNECTIONS :— Before paving or otherwise surfacing or resurfacing any street or alley of the city, the city commission shall determine the time within which sewer, water, gas or other connections shall be con- structed, and shall give notice thercof to the persons or corpora- tions required to make the same, apd if a person or corporation fails to make any such connection when so required, no permis- sion to make the same shall thereafter be granted within five years from the completion of any such street improvement unless with the consent of four of the commissioners expressed by resolu- tion adopted at a regular meeting of the commission, and stating the reasons therefor. Nothing herein shall he construed to pro- hibit the city commission from providing that such connections 5 may be made by the city, and the cost thereof assessed against the lots and lands specially benefited thereby. Sec. 37. EXPENDITURES IN EXCESS OF $100:—When an expenditure, other than the compensation of persons employ- ed by the city, exceeds one hundred dollars, such expenditures shall first be authorized and directed by ordinance or resolution of the city commission, and no contract involving an expenditure in excess of such sum shall be made or awarded except upon the approval of the city manager and the city cqmmission, and upon competitive bidding. Sec. 38. TIME OF MAKING CONTRACTS:—The city commission shall not enter into any contract which is not to be completed within four years from the time same is made. Sec. 39. MODIFICATION OF CONTRACTS:—When it tions shall not apply to contracts or proceedings relating to im-|becomes necessary in the opinion of the city manager, in the pros- provements any part of the cost of whieh is to be paid by special|ecution of ‘any work or improvement under contract, to mgke al- assessinents. ' terations or modifications in such contract, such alterations dr « Sec. 32. MONEY IN THE FUND:—All moneys actually| modifications, if made, shall be of no effect until the price to in the treasury to the credit of the fund from which they are to|be paid for the work and material, or both, under the altered or frank, free ticket, pass, reduced-pi'ice or reduced rate of service|be drawn, and all moneys applicable to the payment of the ob-|modified ‘contract, has been agreed upon in writing and signed from any person, firm or corporation operating a public utility,|ligation or appropriation involved that are anticipated to come|by the contractor and by the city manager and approved by the or engaged in _business_ of a public nature within the city, or from |into the treasury before the maturity of such contract, agreement|city commission. any person known:to him to have, or to be endeavoring to secure,|or obligation from taxes, assesdinents, or license fees, or from Sec. 40. BIDS IN EXCESS OF ESTIMATE:—In no in- a contract.with the ¢ity:* But the provisions of this section shall|sales of services, products or by-products of any city undertaking, |stance shall contracts be let either as a whole, or in aggregate it not apply, to the transportation of policemen or firemen in uni-|and moneys to be-derived from lawfully authorized bonds sold|bids for parts of the work are taken, which exceed the estimate form oF wearing their official badges, when the same is, or may|and in process of delivery, for the purpose of such certificate|for the improvements contemplated. be, provided by ordinance. { shall be deemed in the treasury to the credit of the appropriate Sec. 41. CONTRACTS—WHEN VOID:—All contracts, | “:See. 24. POLITICAL ACTIVITY :—Neitlter the city man-|fund and shall be subject to such certification. agreements or other obligations entered into and all ordinances ager, nor any person in the employ of the city under him, shall| - Sec. 33. 'FINANCIAL REPORTS:—The city commission| passed, or resolutions and orders adopted, contrary to the provi- u%ke any active part in securing, or contributing any money to-|shall have furnished them a monthly balance sheet, showing in|sions of the preceding sections, shall be void. 3 ward, the nomination or election of any candidate or candidates|detail all receipts and expenditures of the city for.the preceding Electi for the office of city commissioner. month; ‘within- thirty days after the end of each fiscal year the ections Sec- 25 PENALTIES:—The provisions of the two last|commission shall require the City Clerk to make an annual finan- Sec. 42. TIME OF HOLDING ELECTIONS:—Regular preceding sections shall not be considered exclusive, but as in ad-|cial report, which shall include a general balance sheet exhibiting| municipal elections shall be held on the first Tuesday after the ditiofi to/any other provisions of the general law. of the state|the assets and liabilities of -the City.and its varions Boards, first Monday in November in the even numbered years. Any applicable to.the case;and a violation of any provisions of either|departments with summaries and income and. expenditures,|matter which by the terms of the charter ‘may be submltte.d to of suchisections shall subject the offender to removal from his|and with such: other.clear and comprehensive statements as)the electors of the city at any special electiommay be submitted office or employment, and to punishment by a fine of not exceed: |shall show the effect of each year’s transactions upon the finances|at a regular municipal election. ‘ Sec. 43. PETITIONS FOR PLACE ON BALLOT :—Can- ing one hundred dollars. - of the City and its various Boards, departments, including a LAC = “A jati comparative statement under proper classifications with the|didates for the office of City Commissioner shall be nominated SAPPropriations previous fiscal year: : Immediately after the filing of the annual | only by petition signed by electors of the ward in which such can- ) "Sec. 26. THE ESTIMATE:—The fiscal year of the city|report by the City Clerk, the commission shall cause an audit to|didate resides, equal in number to ten per cent of the total shall begin on the first day of January. On or before the first day|be made of the books: of account, records and transactions of _— of September of each year, the city manager shall submit to the|the City -and its various Boards, Departments, for the past (Continued on Page 6) L] N