HomeMy WebLinkAboutRes2009-03e City AdministratorCharter Commission
Chair
Jonathan J Thomas
763-784-5205
Vice Chair
Michael Haubrich
612-237-2859
2nd Vice Chair
Jean Miller
763-786-3959
Secretary
Barbara Thomas
763-780-6226
Brian Amundsen
763-786-5699
Bill Doty
763-786-3421
Jason R Reiling
763-350-3013
Resolution No. 2009-03e
Mounds View Charter Commission
Feb 10, 2010
Whereas, the Mounds View Charter Commission has reviewed the requests for
updates to sections of the Mounds View Charter that are deemed necessary for
the City of Mounds View to have the Mounds View Charter refer to the person
serving as the “Administrator” be referred to as the “City Administrator” rather than
the “Clerk-Administrator” for consistency in the many documents maintained by
the city and for better understandability of the term, and
Whereas, a review of MN State Statutes does not reveal any legal distinction
between the titles,
Therefore, the Mounds View Charter Commission acting under Minnesota Statute
410.12 Subdivision 7, recommends the following amendments by the addition of
the blue and double underlined language and by the deletion of the Red and
stricken language. The Mounds View Charter Commission requests the City
Council adopt this resolution by ordinance by the required unanimous vote.
The Mounds View Charter Commission requests the City Council adopt this
resolution by ordinance by the required unanimous vote.
Section 1.01. Name and Boundaries. The City of Mounds View, Ramsey Cou nty,
Minnesota shall continue to be a municipal corporation under that name and with the same
boundaries as now are or hereafter may be established. The City Administrator shall keep at
least two copies of this Charter with amendments, and shall maintain in each copy an
accurate up-to-date description of the boundaries. The copies of the Charter, amendments,
and boundary descriptions shall be available for public inspection anytime during regular
office hours.
Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of
Mayor or Councilmember, shall be deemed to exist in case of the failure of any person
elected thereto to qualify, or by reason of the death, resignation in writing filed with the City
Administrator, removal from office, non-residence in the City, conviction of a felony of any
such person after their election, or by reason of the failure of any Councilmember without
good cause to attend Council meetings for a period of three consecutive months. In each
such case the Council shall by resolution declare the vacancy to exist.
Section 3.06. Emergency Ordinances. An emergency ordinance is an ordinance necessary
for the immediate preservation of the public peace, health, morals, safety or welfare, in which
ordinance the emergency is defined and declared in a preamble thereto. An emergency
ordinance must be approved by a majority of available members of the City Council. An
emergency ordinance must be in writing but may be enacted without previous filing or
voting, and may be adopted finally at the meeting at which it is first introduced and voted
upon by the Council. An emergency ordinance shall remain in effect for the duration of the
emergency.
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No prosecution shall be based upon the provisions of an emergency ordinance until twenty-four hours
after the ordinance has been adopted, filed with the City Administrator , and has either been posted in
three conspicuous places in the City, or published as provided for in this Charter, or the person charged
with violation thereof had actual notice of the ordinance prior to the act or omission resulting in the
prosecution.
Section 3.07. Signing, and Publication of Ordinances. Every ordinance adopted by the Council
shall be signed by the Mayor, and attested to, filed and preserved by the City Administrator. Every
ordinance shall be published at least once in the official newspaper no earlier than eight (8) calendar
days nor later than seventeen (17) calendar days from the date of passage, either in its complete form
preceded by a summary of its contents or as a title and summary.1 (Amended by Ordinance 790,
Adopted July 23, 2007; Filed: August 29, 2007.)
The Ordinance or the Ordinance Title and Summary shall be published in a body type no
smaller than brevier or eight -point type. A copy of any new ordinance may be obtained from
the City at no cost. The entire text of the ordinance shall be posted on the City’s web site, if
there is one, in a manner that can be identifiable by subject matter or ordinance number. A copy
shall also be available in the community library, if there is one, or if not, in any other public
location which the Council designates.
In the case of lengthy ordinances, or or dinances that include charts or maps, if the
Council determines that publication of the title and a summary of an ordinance would clearly
inform the public of the intent and effect of the ordinance, the Council may by a four-fifths vote
of its members, dir ect that only the title of the ordinance and a summary be published, with
notice that a printed copy of the ordinance is available for inspection during regular office hours
at the office of the City Administrator . Prior to the publication of the title and summary, the
Council shall approve the text of the summary and determine that it clearly informs the public of
the intent and effect of the ordinance, and shall further state that the complete text of the
ordinance is on file at the office of the City Administrator . The publishing of the title and
summary shall be deemed to fulfill all legal publication requirements as completely as if the
entire ordinance had been published. A copy of the publication shall be attached to and filed
with the ordinance for reference. To the extent and in the manner provided by law an ordinance
may incorporate by reference a statute of Minnesota, a state administrative rule or a regulation, a
code or ordinance or part thereof without publishing the material referred to in full, so long as
the complete reference to the item is included. (Amended by Ordinance 790, Adopted July 23,
2007; Filed: August 29, 2007.)
Section 3.11. Review and Revision of Ordinances and Indexing of Resolutions. The City shall review,
revise and rearrange its ordinance code and its resolution index with such additions and deletions as
may be deemed necessary by the Council at least once every two years. The ordinance code and the
resolution index may be published in book, pamphlet, or loose-leaf form, and copies shall be made
available by the Council at the office of the City Administrator for general distribution to the public for
a reasonable charge. Incorporation in such a code shall be a sufficient publication of any ordinance
provision not previously published, if a notice is placed in the official newspaper for at least two
successive weeks that copies of the codification are available at the office of the City Administrator.
Section 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first
Tuesday after the first-Monday in November of each even numbered year commencing in 1980 at such
1 It is the intent of the Charter Commission that the Council will determine which is less costly.
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places as the City Council shall designate. At least fifteen days prior notice shall be given by the City
Administrator by posting a notice thereof in at least one public place in each election precinct, and by
publishing a notice thereof at least once in the official newspaper of the City stating the time and the
places of holding such election and of the officers to be elected. Failure to give such notice shall not
invalidate such election. Elected and qualified officers provided for by this Charter shall assume the
duties of office to which they were elected on the first business day in January following such election.
Section 4.02. Filing for Office.
Subdivision 1. Pursuant to Minnesota Statute 205.13, as amended, no earlier than seventy
days nor later than fifty-six days before any municipal election, any resident of the City qualified
under state law for elective office may, by filing an affidavit and by paying a filing fee of $20 or by
filing a petition in compliance with MN Statute 205.13, subd. 4, as amended, to the City
Administrator, have their name placed on the municipal election ballot. (Amended by Ordinance
736, Adopted May 10, 2004; Filed: May 19, 2004, Amended by Ordinance 759, Adopted June 13,
2005; Filed: June 22, 2005)
Section 4.04. Special and Advisory Elections except for Elected Office. The Council shall by
resolution order a special or advisory election and provide all means for holding it. At least fifteen
days prior notice shall be given by the City Administrator by posting a notice thereof in at least one
public place in each election precinct, and by publishing a notice thereof at least once in the official
newspaper of the City stating the time and places of holding such election. Failure to give such notice
shall not invalidate such election.
Section 4.05. Vacancy of Municipal Elected Office.
Subdivision 1. When a vacancy in an elected office of the City occurs with 365 days or more
remaining in the term of the vacated office, there shall be a special election held within ninety days
after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the
office vacated.
Subdivision 2. The City Administrator shall give at least sixty days published prior notice of
such special election, except as set forth under Subdivision 5 of this section
Section 5.02. Petitions. A petition provided for under this chapter shall be sponsored by a
committee of five (5) to ten (10) members who are voters of the City and whose names and addresses
must appear on the petition as the Sponsoring Committee. A completed petition consists of one or
more pages gathered together as a single document. Each separately circulated page shall contain at its
head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply,
respectfully, to initiative, referendum and recall. The Sponsoring Committee may obtain a sample
petition from the City Administrator. The City Administrator shall provided the number of signatures
for petition sufficiency which is based on the total number of ballots cast for President in the most
recent Presidential election. All petition circulators must be voters of the City. Each separate page of
the petition must include a certificate signed and dated by the circulator. The certificate shall affirm
that each circulator believes the page to contain the genuine signatures of the voters whose names they
purport to be and that each signer was presented with the full petition. Each signer of a petition must
be a voter of the City and must sign and print their name and give their street address. The
completed petition shall be submitted to the City Administrator for review. Any voter whose name
appears on a petition may withdraw their name by filing a statement in writing with the City
Administrator before the City Administrator advises the Council of the information related to the
sufficiency of the petition or, if such completed petition is deemed insufficient pursuant to this Charter,
during any time period that additional signature papers are being circulated by the Sponsoring
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Committee or reviewed by the City Administrator pursuant to Section 5.04. Consistent with the
provisions of this Charter and the applicable state laws and rules, the Council may prescribe by
ordinance or resolution, the definition of a frivolous petition. (Amended by Ordinance 790, Adopted
July 23, 2007; Filed: August 29, 2007.)
Section 5.03. Determination of Petition Sufficiency. For a petition to be sufficient, it must meet
the requirements set forth in section 5.02 and contain at least the following:
• Petitions for Initiative and Referendum require signatures numbering at least fifteen (15)
percent of the total ballots cast for President in the most recent Presidential election.
• Petitions for Recall require signatures at least twenty five (25) percent of the total ballots
cast for President in the most recent Presidential election.
If all requirements have been met, the City Administrator shall report to the Council within ten (10)
calendar days of receipt of the completed petition. Thereafter, the Council shall immediately
declare the sufficiency of the petition by resolution. (Amended by Ordinance 790, Adopted July 23,
2007; Filed: August 29, 2007.)
Section 5.04. Disposition of Insufficient or Frivolous Petition. If the petition appears to be
frivolous, the City Administrator shall report to the Council within ten (10) calendars days of receipt of
the petition. If the Council determines the petition is frivolous, the Council shall direct the City
Administrator to the file the petition as frivolous and no further action shall be taken. If the City
Administrator determines that the petition does not meet the requirements for sufficiency and is not
determined to be frivolous, a copy of the petition, together with a written statement of its defects, shall
be delivered to the Sponsoring Committee and to the Council within ten (10) calendar days of receipt
of the completed petition. As specified in this Charter, the Sponsoring Committee shall have a twenty-
one (21) calendar days to file additional signature papers and/or to correct the specified insufficiency.
Within nine (9) calendar days of receipt of the corrected completed petition, the City Administrator
shall determine whether the petition as corrected meets the requirements for sufficiency and shall
proceed as directed in Section 5.03. If the petition is still insufficient, the Council shall direct the City
Administrator to file the petition as insufficient and notify the Sponsoring Committee within ten (10)
calendar days that no further action will be taken. The final finding that the petition is insufficient shall
not prejudice the filing of a new petition for the same purpose unless otherwise specified within this
Charter. Except in the case of a petition for recall, it shall not prevent the Council from referring the
subject matter of the petition to the voters at the next regular or special election. (Amended by
Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.)
Section 5.06. Initiative*. An ordinance may be proposed by petition. The exact text of the
proposed ordinance must be stated at the head of each page of the petition or attached thereto. The
petition shall be filed in the City Administrator's office prior to circulation and shall be valid for one
hundred eighty (180) calendar days during which time a completed petition with signatures must be
filed. If a petition for initiative is determined to be frivolous, it is prohibited from being repeated
within one hundred eighty (180) calendar days of the determination. Within sixty (60) calendar
days after final determination of the petition’s sufficiency according to Section 5.03 and 5.04 of this
Charter, the Council must either adopt an ordinance according to Subdivisions 1 or 2 or pass a
resolution to place the measure on a ballot as provided in Subdivision 3. Any amendment to the
proposed ordinance must proceed according to Subdivision 2 of this section. If an ordinance is
adopted, it shall become effective thirty (30) calendar days after publication unless the ordinance
specifies a later effective date. If the vote for adoption fails, the ordinance must be placed on the
ballot as provided in Section 5.05. If a ballot measure for a proposed ordinance fails the same
measure is prohibited from being brought forward again as an initiative within one hundred eighty
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(180) calendar days of the election certification. Failure of a ballot measure for a proposed
ordinance shall not prevent the Council from proposing a similar ordinance. Amended by Ordinance
790, Adopted July 23, 2007; Filed: August 29, 2007.)
Subdivision 1. If the Council elects to adopt the ordinance as provided by the petition
without amendment, they shall proceed in accordance with Section 3.05 of this Charter. During this
adoption process, the ordinance cannot be amended but, if adopted, is subject to the referendum
process as defined in Section 5.07. Amended by Ordinance 790, Adopted Ju ly 23, 2007; Filed:
August 29, 2007.)
Subdivision 2. If an amendment to the ordinance is proposed by a majority vote of the
Council, it must be presented to the Sponsoring Committee prior to the first reading of the proposed
ordinance. The Sponsoring Committee shall have fourteen (14) calendar days from the receipt of the
amended proposed ordinance to disapprove the amendment by majority vote, and file a statement
with the City Administrator. Upon receipt of a statement of disapproval from the Sponsoring
Committee, the Council must either adopt the proposed ordinance, according to Subdivision 1 of
this section, or place the ordinance, as presented by the Sponsoring Committee, on the ballot as
provided in Section 5.05. If the Sponsoring Committee does not submit a statement of disapproval,
the ordinance can proceed, as amended, according to Section 3.05 with no further amendments and,
if adopted, is subject to the referendum process as defined in Section 5.07 of this Charter. If the
vote for adoption fails, the ordinance, as amended, must be placed on the ballot as provided in
Section 5.05. If an amended ordinance is approved at a first reading, the Council may choose to
submit the ordinance, as amended, as a ballot measure. Amended by Ordinance 790, Adopted July
23, 2007; Filed: August 29, 2007.)
Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be
subjected to a referendum by a petition which shall state at the head of each page, or attached
thereto, the exact text of the measure to be considered by the voters. The Sponsoring Committee
must file the completed petition in the office of the City Administrator at least ten (10) calendar
days before the ordinance takes effect. If a petition is determined to be frivolous, no further action
on the petition shall be taken and the adoption of the ordinance shall proceed according to Section
3.05. If the petition is found to be sufficient under the provisions of Section 5.03 of this chapter, the
said ordinance shall thereby be prevented from going into operation, and the subject matter of the
petition shall be placed on the ballot at the next election occurring in the City. If no election is to occur
within 120 days after the filing of the petition, the Council shall call a special election to be held within
such period, providing the petition has been found to be sufficient. If a majority of the voters voting
thereon favors the ordinance contained in the petition, it shall remain in effect. If a majority of the
electors voting thereon votes against the ordinance contained in the petition, it shall be considered
repealed upon certification of the election results the Council must immediately adopt a resolution
suspending the effective date of the ordinance until it is decided by a vote of the public. The
Council must also immediately pass a resolution to place the measure on a ballot as provided in
Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the
petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority
votes against the ordinance contained in the petition, it shall be considered repealed upon
certification of the election results. If the petition does not meet the requirements of sufficiency
under the provisions in Section 5.03 of this chapter and is determined not to be frivolous, the
Council must adopt a resolution suspending the effective date of the ordinance for thirty (30)
calendar days and t he Sponsoring Committee will have twenty-one (21) calendar days in which to
file additional signature papers and/or to correct the specified insufficiency according to Section
5.04. If the final finding is that the petition is insufficient, the ordinance shall take effect on the date
declared by the resolution of suspension. If the corrected petition is declared sufficient according to
Section 5.03, the Council must pass a resolution suspending the effective date of the ordinance until
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it can be decided by a vote of the public and proceed as previously mentioned in this section.
(Amended by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.)
Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of the
City by petition. The petition shall state at the head of each page, or attached thereto, a certificate
stating the name of the official whose removal is sought, the grounds for recall, which shall be
malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, and the
intention of the Sponsoring Committee to bring about the official's recall. The petition shall be filed
in the City Administrator's office prior to circulation and shall be valid for one hundred eighty (180)
calendar days during which time a completed petition with signatures must be filed.
The City Administrator shall notify the official sought to be recalled of the petition and proceed as
provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be
frivolous, it is prohibited from being repeated within one year of the determination. If the Council
declares the petition sufficient, it shall immediately pass a resolution to place the measure on a
ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar days of the
declaration of sufficiency, the elected official named by the petition may provide a response for
their own course of action in not more than five hundred (500) words. The City Administrator shall
include with the published notice of the election, the statement of the grounds for the recall and the
response of the official concerned or a statement stating no response was received. If a majority of
those voting on the recall vote in its favor, it shall become effective immediately upon certification
of the election results. If the majority does not vote in favor, the recall has failed and a petition for
recall is prohibited from being repeated for that elected official for one year from the date of
certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall
apply to fill said vacancy.
Section 6.01. Administrative Responsibility. The Council as a body, shall be responsible for the
administration of the City. The Council shall appoint an administrative officer to assist in the
administration of City affairs. For purposes of reference in this Charter, this administrative officer
shall be referred to as the City Administrator.
Section 6.03. Duties of the City Administrator. The duties of the City Administrator shall be specified in
Chapter 106 of City Code, as amended, and shall include those in MN State Statute for City Clerk unless
otherwise assigned in City Code. The Council shall provide for the designation, delegation and/or
assignment of some or all the duties to other city staff as needed.
Section 6.04. City Treasurer. The Council shall appoint a Treasurer. This office shall be
separate from that of the City Administrator and shall include those duties for Treasurer in MN State
Statute unless otherwise assigned in City Code.
Section 7.04 Submission of Budget.
Subdivision 1. Annually, on or before the 15th calendar day of September of each year or as
specified by MN Statute 275.065, as amended, the City Administrator shall submit to the Council the
budget estimates for funds levying property taxes for the ensuing fiscal year and an accompanying
summary message in accordance with a budget calendar to be established by resolution.
The total proposed operating budget to be provided from the property tax shall not exceed the
amounts authorized by state law and this Charter. Consistent with these provisions, the budget shall
contain such information and be in the form prescribed by the City Council. The final budget shall
provide a complete financial plan for all City funds and activities for the ensuing fiscal year and except
as required by state law or this Charter, shall be in such form as the Council may require. It shall
Resolution 2009-03b Page 7 of 9
include a summary and show in detail all estimated income and all proposed expenditures, including
debt service and comparative figures for the current fiscal year, actual and estimated, and the preceding
year. In addition to showing proposed expenditures for current operations, it shall show proposed
capital expenditures to be made during the year and the proposed method of financing each such
capital expenditure.
Subdivision 2. For each enterprise operated by the City, its proposed and final budgets shall
show income, expenditure, and anticipated net surplus or deficit with the proposed disposition method.
Subdivision 3. The City Administrator's message shall explain the budget, both in fiscal
terms and in terms of the work programs, linking programs to goals of the City and community
priorities. It shall outline the proposed financial policies and programs of the City for the ensuing
fiscal year and the impact of those policies and programs compared to the City's current five-year
plan, as adopted by the City Council. It shall describe the important features of the budget, indicate
any major changes in financial policies, expenditures, and revenues together with the reasons for
such changes. It shall summarize the City's debt position for each fund, including factors affecting
the ability to raise resources through debt issues, and include such other material as the City
Administrator deems desirable or as requested by the City Council.
Subdivision 4. Budget Planning Guideline. The purpose of this section is to provide the
public with a general time table for the annual budget process. The dates are guidelines and subject
to change by the City Council and MN Statute 275.065, as amended.
Activity Estimated Time Period
Five-Year Plan: Development Jan. 1 to May 1
Five-Year Plan: Public Review May 1 to May 20
Five-Year Plan: Council Approval May 20 to June 1
Annual Budget Calendar: Adopted by Council June 1
Five-Year Plan: Published to Public June 1 to Aug. 1
Annual Budget: Public Input to Department June 1 to Sept 1
Annual Budget: City Administrator Develops
Summary and Estimate Proposal for Council Aug. 1 to Sept. 15
Section 7.06. Council Action on Budget.
Subdivision 1. The Council shall annually adopt a budget calendar by June 1st. The
calendar will establish the time line for development and submission of the budget and allow for
public review and comment in accordance with this Charter, the City Council, and MN Statute
275.065, as amended. The budget shall be considered at the first regular monthly meeting of the
Council in September and at subsequent meetings until a budget is adopted for the ensuing year. The
budget calendar will provide a 30-day period for public review and input to the annual budget prior
to final approval by the City Council. The meetings shall be so conducted as to give interested
citizens a reasonable opportunity to be heard. The Council may revise the proposed budget but no
amendment to the budget shall increase the authorized expenditures to an amount greater than the sum
of estimated income and reserves. The Council shall adopt the budget by a resolution that shall set
forth the total for each budgeted fund and each department. The budget shall indicate the sums to be
Resolution 2009-03b Page 8 of 9
raised and from what sources and the sums to be spent and for what purpose as the Council deems
necessary for establishing the budget. The Council shall also adopt a resolution levying the amount of
taxes provided in the budget, and the City Administrator shall certify the tax resolution to the County
Auditor in accordance with state law. Adoption of the budget resolution shall constitute appropriations
at the beginning of the fiscal year of the sums fixed in the resolution of the several purposes named.
Section 7.07. Enforcement of the Budget. The City Administrator may designate department
heads or other staff who may assist with each fund or department in the annual budget. It shall be the
duty of the City Administrator to strictly enforce the detail provisions of the budget. The City Council
shall strictly enforce the provisions of the budget. The City Council shall not authorize any payment or
the incurring of any obligation by the City, unless an appropriation has been made in the budget
resolution, and there is a sufficient unexpended balance after deducting the total past expenditures and
encumbrances against the appropriation. No officer or employee of the City shall place any order or
make any purchase unless the amount is authorized in the budget resolution and in compliance with
the purchasing policies of the City as established by the City Council, the City Charter, the City
Code, and Minnesota Statutes. Any obligation incurred by any person in the employ of the City for
any purpose not authorized in the budget resolution, or for any amount in excess of the amount
authorized, shall be a personal obligation upon the person incurring the obligation. No check shall be
issued or transfer made to any account other than one owned by the City until the claim to which it
relates has been supported by an itemized bill, payroll, or time sheet or other document approved and
signed by the responsible City officer who vouches for its correctness and reasonableness.
Section 10.01. Except as otherwise provided by state law, no person, firm or corporation shall
place or maintain any permanent or semi-permanent fixtures in, over, upon or under any street or
public place for the purpose of operating a public utility, or for any other purpose, without a franchise
therefor from the City. A franchise shall be granted only by ordinance, which shall not be an
emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is
submitted to the voters of the City following a public hearing and approved by at least a majority of
those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of
the franchise. The grantee shall bear the costs of publication of the franchise ordinance and shall make
a sufficient deposit with the City Administrator to guarantee publication before the ordinance is passed.
Section 12.02. Oath of Office. Every officer of the City shall, before entering upon the duties
of their office, take and subscribe an oath of office in substantially the following form: "I do solemnly
swear (or affirm) to support the Constitution of the United States and of this state and to discharge
faithfully the duties devolving upon me as (Mayor, Councilmember, City Administrator, etc.) of the
City of Mounds View to the best of my judgment and ability."
Section 12.04. Official Bonds. The City Administrator, the City Treasurer, and such other
officers or employees of the City may be provided for by ordinance shall each, before entering upon
the duties of their respective office or employment, give a corporate surety bond to the City in such
form and in such amount as may be fixed by the Council as security for the faithful performance of
their official duties. This corporate surety bond may be in the form of either individual or blanket
bonds at the discretion of the Council. They shall be approved by the Council, and approved as to form
by the City Attorney, and filed with the City Administrator. The premiums on the bonds shall be paid
by the City.
Respectfully submitted,
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__________________________________ _________________________________ Jonathan J Thomas, Chair Barbara Thomas, Secretary