Home Rule Charter

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HOME RULE CHARTER – CITY OF LISBON, NORTH DAKOTA

ARTICLE 1 INCORPORATION

The inhabitants of the City of Lisbon, within the corporate limits as now established or as hereafter established in the manner provided by law, shall continue to be a municipal body politic and corporate in perpetuity, under the name of the “City of Lisbon”.

ARTICLE 2  GOVERNING BODY TO EXERCISE POWERS

Subject to the limitations imposed by the state Constitution, state law, and this charter, all powers of the city shall be vested in the elected governing body.  The elected governing body shall enact local legislation, adopt budgets, determine policies, and prescribe the function of government to be performed under this charter by the city.                         All powers of the city shall be exercised in the manner prescribed by this charter, or if the manner be not prescribed, then in such manner as may be prescribed by ordinance.

ARTICLE 3  POWERS OF CITY

The city shall have all powers granted to municipal corporations by the Constitution and laws of this state and by this charter, together with all the implied powers necessary to carry into execution all powers granted.

Among its enumerated powers, which may be implemented by ordinance subject to the limitations specified in the charter, shall be the following:

  1. To acquire, hold, operate, and dispose of property within or without the corporate limits, and exercise the right of eminent domain for such
  2. To control its finances and fiscal affairs; to appropriate money for its purposes, and make payment of its debts and expenses; to levy and collect taxes, excises, fees, charges and special assessments for benefits conferred, for its public and proprietary functions, activities, operations, undertakings and improvements; to contract debts, borrow money, issue bonds, warrants and other evidences of indebtedness; to establish charges for any city or other services and to establish mi 11 levy limitations, provided that the mill levies ordered and imposed by the governing body on taxable property subject to ad valorem taxation shall not exceed in total the sum of levies authorized by state statutes and Constitution for cities of similar classification to that of the City of Lisbon.
  3. To fix the fees, number, terms, conditions, duration, and manner of issuing and revoking licenses in the exercise of its governmental police powers.
  4. To provide for city officers, agencies and employees, their selection, terms, powers, qualifications and To provide for change, selection,or creation of its form and structure of government including its governing body, executive officer and city officers.
  5. To provide for city courts and a municipal judge, their jurisdiction and powers over ordinance violations, duties, administration, and the selection, qualifications, and compensation of their officers; however, the right of appeal from judgment of such courts shall not be in any way affected/
  6. To provide for all matters pertaining to city elections, except as to qualifications of electors.
  7. To provide for the adoption, amendment, and repeal of ordinances, resolutions, and regulations to carry out its governmental and proprietary powers and to provide for public health, safety, morals, and welfare and penalties for a violation thereof.
  8. To layout or vacate streets, alleys and public grounds, and to provide for the use, operation and regulation thereof.
  9. To define offenses against private persons and property and the public health, safety, morals, and welfare, and provide penalties for violations thereof.
  10. To engage in any utility, business, or enterprise permitted by the Constitution or not prohibited by statute or to grant and regulate franchise therefor to a private person, firm or corporation.
  11. To provide for zoning, planning and subdivision of public or private property within the city limits; to provide for such zoning, planning and subdivision of public or private property outside the city limits as may be permitted by state law.
  12. To levy and collect franchise and license taxes for revenue purposes.
  13. To exercise in the conduct of its affairs all powers usually exercised by a corporation.
  14. To fix the boundary limits of said city and the annexation and deannexation of territory adjacent to said city, except that such power shall be subject to and shall conform with the state law made and provided.
  15. To contract with and receive grants from any other governmental entity or agency, with respect to any local, state or federal program, project or works.
  16. To impose registration fees on motor vehicles, or sales tax and use taxes in addition to any other taxes imposed by Proceeds from any such tax may be pledged by the governing body to payment of principal of and interest on bonds or other debt instruments, which may be issued by the governing body to finance such projects or improve­ments as the governing body may specify by ordinance or resolution, and any such tax, upon being so pledged, shall not be reduced or repealed, so long as any of such bonds or debt instruments remain outstanding. The enumeration of particular powers by this charter shall not be deemed to be exclusive, and in addition to the powers enumerated herein or implied hereby, or appropriate to the exercise of such powers, it is intended that the city shall have and may exercise all powers which under the Constitution and laws of this state, it would be competent for this charter specifically to enumerate. The statutes of the State of North Dakota, so far as applicable, shall continue to apply except as superseded by this charter or by ordinances passed pursuant to this charter.

ARTICLE 4  REFERENDUM AND INITIATIVE

Section 1:  The voters of the City of Lisbon shall have the power to refer and initiate ordinances and resolutions, except that the power of initiative and referendum shall not extend to the annual appropriations ordinance, or any limitation as to the annual mill levy, nor to those ordinances or resolutions implementing public projects upon which an election has previously been held, nor shall the power of initiative and referendum extend to special improvement projects under which the law provides for protest procedures or to special assessment projects carried out under the provision of the North Dakota Century Code.

Section 2:  Initiative petitions must be signed by qualified voters of the city equal to at least 33 percent of the total votes cast in the city at the most recent gubernatorial election.

Section 3:  Referendum petitions must be signed by qualified voters of the city equal to at least 33 percent of the total votes cast in the city at the most recent gubernatorial election.

Section 4:  Each petition, whether for initiating or referring an ordinance or resolution, shall contain or have attached thereto throughout their circulation the full text of the ordinance or resolution proposed or referred. In addition, each petition shall list the names of the three electors who shall constitute the “Committee for the Petitioners” who shall represent and act for the petitioners.

Each petition shall also contain an affidavit signed by the circulator of the petition affirming that the signers thereto are believed by him to be qualified electors of the City of Lisbon.

In addition to the names of the Petitioners, each petition shall contain the name of the street upon and number of the house in which each Petitioner resides.

Section 5:  Referendum petitions for ordinances must be filed with the City Auditor within 30 days after the second reading of the ordinance referred.    Referendum petitions for resolutions must be filed with the City Auditor within 30 days after the passage of the resolution referred.

Section 6:  The City Auditor shall pass upon the sufficiency of each petition and shall have 20 days after the petition is filed to certify as to its sufficiency. A petition shall be deemed sufficient if the City Auditor has not certified to the contrary in said 20-day period.  If the City Auditor finds the petition insufficient, the City Auditor shall notify the “Committee of the Petitioners”, specifying the insufficiencies, and allow seven days for correction, amendment, or additional signatures.

Section 7:  Upon the filing of a referendum petition, the ordinance or resolution referred, except emergency ordinances or resolutions, as hereafter defined, shall be suspended.       Such suspension shall terminate:

  • If the petitions are deemed to be insufficient and not corrected or amended as above pruvided; or
  • The petitions are withdrawn by the “Committee for the Petitioners”, as provided in subsection 10 of this article; or
  • The governing body of the city repeals the ordinance or resolution; or
  • After 30 days have elapsed after the city election on the

An Emergency ordinance or resolution is an ordinance or resolution thus designated by the governing body and passed by a 4/5 vote of such body.

Section 8:  Upon the final determination of the sufficiency of the petitions for initiating an ordinance or resolution the governing body shall have 60 days in which to adopt the proposed ordinance or resolution.    If the commission fails to adopt the proposed ordinance or resolution, without any change in substance from that proposed, within the the said 60 day period, the governing body shall submit the same to the voters of the city at the next regular city election.  However, if a general city election is not fixed within 180 days after the final determination of the sufficiency of the petition, the governing body of the city may call for a special election to be held within the 180 days.

Copies of the proposed ordinance or resolution shall be available at the office of the City Auditor at least 10 days prior to the election. The ballot shall fairly state a summary of the proposed ordinance’s or resolution’s provisions and copies of the ordinance or resolution shall be available at the polling places.

Section 9:  Upon the final determination of the sufficiency of the petition of referendum, the city governing body shall cause an election on the referral to be held.             The election shall be held at the next regular city election.  However, if a general city election is not fixed within 90 days after the final determination of the sufficiency of the petition, the governing body of the city may call for a special election to be held within the 90 days.  The ballot shall fairly state a summary of the ordinance or resolution referred.  Copies of the ordinance or resolution shall be available at the polls as well as from the City Auditor for at least 10 days prior to the election.

Section 10:  An initiative or referred referendum petition may be withdrawn at any time prior to the scheduling of the election by the governing body upon the filing of a request for withdrawal signed by all the members of the “Committee of the Petitioners”.

Section 11 :  If a majority of electors voting on an initiated ordinance or resolution vote in its favor, it shall be considered adopted upon certification of election result and shall thenceforth stand the same as if adopted by the city’s governing body. If a majority of electors voting on a referred ordinance or resolution vote against it, such ordinance or resolution shall be considered repealed upon certification of the election results.

Section 12:  Any ordinance or resolution adopted pursuant to initiative as by this Article provided may not be referred except at a regular city election taking place at least two years after the election at which such initiative ordinance or resolution was adopted.  The governing body may not repeal or make any material amendment to the initiated ordinance or resolution or to an ordinance or resolution referred and upheld by a vote of the people except by a vote of 4/5 of the members thereof for ten years after the date of the election adopting such ordinance or resolution; thereafter such an ordinance or resolution may be repealed or amended the same as any other ordinance or resolution.

Section 13:  An ordinance or resolution referred and repealed by vote of the electors as herein provided shall not be re-enacted by the governing body before a period of at least two years from the date of the referral election.

Section 14:  This article shall be self-executing and all of its provisions treated as mandatory.     Ordinances or resolutions may be enacted to facilitate its operation but no ordinance or resolution shall be enacted to hamper or impair the exercise of the right herein reserved to the people.

ARTICLE 5  SEPARABILITY CLAUSE

If any section or part of a section of this charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this charter, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of a section to which such holding shall directly apply.

ARTICLE 6  PLENARY AND IMPLIED POWERS OF THE GOVERNING BODY

The governing body shall have plenary power to enact and make all proper and necessary ordinances, resolutions and orders to carry out and give effect to the express and implied powers granted in this charter to the end that a complete, harmonious and effective municipal government may be initiated, installed, operated and maintained in the city, and thereby protect and safeguard the rights, interests, safety, morality, health and welfare of the city and its inhabitants.

ARTICLE 7  SUCCESSION IN GOVERNMENT

Section 1:  Rights of Officers and Employees Preserved Nothing in this charter, except as specifically provided, shall affect or impair the rights or privileges of officers or employees of the city or of any office, department or agency existing at the time when this charter shall take effect and not inconsistent with the provisions of this charter, in relation to the personnel, appointment, removal, pension and retirement rights, civil rights or any other rights or  privileges of officers or employees of the city or any office, department or agency.

Section 2:  Continuance of Present Officers 

All persons holding executive and administrative office at the time this charter takes effect shall continue in office and shall continue the performance of their duties until provisions shall have been made by the governing board for the performance of such duties in some other manner or the discontinuance of such office.

Section 3:  Continuance of Present Offices, Departments or Agencies

Any office, department or agency, heretofore existing, shall continue to exercise powers and duties the same as were heretofore exercised and shall have the power to continue any business proceedings or other matters within the scope of its regular powers and duties until such office, department or agency shall be changed or abolished by the governing body.

The powers conferred and the duties imposed upon any office, department or agency of the city by the laws of this state shall, if such office, department or agency be abolished by this charter or under its authority, be hereafter exercised and discharged by the office, department or agency designated by the governing body.

Section 4:  Continuance of Appointive Boards, Authorities, and Commissions

All appointive boards, authorities and commissions heretofore existing shall continue and shall exercise such powers and duties as were granted them until such boards, authorities, and commissions shall be changed or abolished by the governing body.

Section 5:  Continuance of Contracts

All contracts entered into by the city, or for its benefit, prior to the taking effect of this charter, shall continue in full force and effect.

Section 6 :  Pending Actions and Proceedings

The adoption of this charter shall not abate or otherwise affect any action or proceeding, civil or criminal, pending when it takes full effect, brought by or against the city or any office, department, agency or officer thereof.

Section 7:  Ordinances to Remain in Force

All ordinances, resolutions and regulations of the city in force at the time this charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in force until the same shall be duly amended or repealed.

Section 8 :  Inauguration of Government Under This Charter

If a majority of the qualified electors of the city voting on the question vote to ratify this charter, the provisions of this charter shall go into effect upon the filing of the charter by the governing body with the Secretary of State, the Clerk of the District Court for Ransom County and the office of the City Auditor.   Said filing shall be completed as soon as reasonably possible under the circumstances but not later than ninety days after the election ratifying the Charter.

ARTICLE 8  CHANGING THE FORM OF GOVERNMENT

Changes in the form of government may be proposed on motion of the governing body or may be proposed by petitions bearing the signatures of qualified city electors equal to fifteen percent (15%) of those voting for the office of governor in the last election.          Proposals for changing the form of government shall be voted upon at a special election called by the governing body or at the next first municipal election, whichever shall occur first, provided that at least thirty (30) days have passed after the motion of the governing board or the filing of petitions with the City Auditor.

ARTICLE 9  CONSTRUCTION

The powers of the city under this charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the general power stated in this charter.

ARTICLE 10  METHOD OF AMENDMENT AND REPEAL

This charter may be amended or repealed as provided by Section 40-05.1-07 of the North Dakota Century Code and acts amendatory thereto.

Submitted by the Lisbon Home Rule Charter Commission, approved by the Lisbon City Council, and published in the Ransom County Gazette, the official newspaper of the City, on August 15, 1994.     Adopted by the voters of the City at a regular election held on November 8, 1994.    Returns canvassed by the Deputy Ransom County Auditor on November 10, 1994.

Morris Saxerud, Chairman – Lisbon Home Rule Charter Commission

Laurel Gamache, City Auditor

Rachel Olerud, Deputy Ransom County Auditor

 

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