Chapter 2 – City Government & General Provisions

CHAPTER II

OFFICERS AND DUTIES

ARTICLE I. ELECTIVE OFFICERS

2-101 Officers to be Elected

2-102 Term of Elective Officers

2-103 Qualifications: Elective and Appointive Officers

2-104 Mayor: Term of Office

2-105 Same: Compensation of

2-106 Same: Duties of

2-107 Aldermen: Term of Office

2-108 Same: Duties of

2-109 Municipal Judge: Jurisdiction of

2-110 Municipal Judge: Compensation of

2-111 Oath of Officers

2-112 Retiring Officer to Turn Over Books

ARTICLE II. APPOINTIVE OFFICERS

2-201 Officers, Appointed, When, How

2-202 Vacancy Caused Through Removal by Mayor, How Filled

2-203 Term of Office of Appointed Officers

2-204 Postponement of Appointments

2-205 City Assessor: Appointment of

2-206 Same: Duties of

2-207 Chief of Police: Duties of

2-208 Auditor, Duties of

2-209 Superintendent of Waterworks and Sewerage, Duties of

2-210 Street Commissioner, Duties of

2-211 Health Officer, Duties of

2-212 City Engineer, Appointment of

2-213 Same: Qualifications of

2-214 Same: Replacement of City Engineer When Necessary

2-215 City Attorney, Duties of

2-216 City Dog Catcher: Appointment of

2-217 Other Officers: Appointment of

ARTICLE III. SALARIES OF OFFICERS

2-301 Salaries of Officers: Amount

2-302 Salaries: Paid How

ARTICLE IV. CITY COUNCIL

2-401 Regular Meetings

2-402 Special Meetings

2-403 Call To Order

2-404 Attendance of Aldermen

2-405 Calling Roll of Members

2-406 Voting at Meetings

2-407 Adjournment of Meetings

2-408 Motion To Adjourn

2-409 Rules of Order of Business

2-410 Rules of Procedure: Council

2-411 President and Vice- President, Selection, Duties Of

2-412 Appointment of Committees and Officers

2-413 Special Policemen, Appointment of

2-414 Mayor, Power to Keep The Peace

2-415 Mayor May Suppress Order and Keep Peace

ARTICLE V. BILLS OR CLAIMS AGAINST THE CITY

2-501 Duties of Finance Committee

2-502 Itemized Statement, Certificate

2-503 Approval of Claims, by Whom

2-504 Examination, Investigation, Undisputed Bills: How Approved

2-505 Records Kept Regarding Approved Bills

ARTICLE VI. PENALTY

2-601 Penalty For False Claim

ARTICLE VII. FUNDS OF THE CITY

2-701 Funds

2-702 Funds Consist of What

2-703 Money Collected, How Credited

2-704 Unexpended Balances, Disposition of

2-705 Money Paid to Whom

2-706 Reports of City Auditor

ARTICLE VIII. CITY SEAL

2-801 Seal

ARTICLE IX. MODE OF CONDUCTING SPECIAL ELECTIONS

2-901 Special Election

2-902 Notice and Polls Open

2-903 Petition of Candidates

ARTICLE X. MISCELLANEOUS

2-1001 Maintaining City Office Rooms, Expense Of

2-1002 Officials To Submit Records to Whom

2-1003 Official Newspaper

2-1004 Fees to Be Paid For Publication In Official Newspaper

ARTICLE XI. CITY PROPERTY

2-1101 City’s Buildings: Control Of

2-1102 Same: Offices In

2-1103 Sale or Lease of City Property

ARTICLE XII. DESTRUCTION OF BONDS, COUPONS, ETC.

2-1201 Documents: Which May Be Destroyed, Defined

2-1202 Same: Time to be Kept

2-1203 Same: Procedure for Destruction

2-1204 Destruction of City Records

ARTICLE I

ELECTIVE OFFICERS

2-101. OFFICERS TO BE ELECTED. There shall be elected in the City of Lisbon the Following officers: a Mayor, six (6) aldermen elected at large, and a Municipal Judge.

2-102. TERM OF ELECTIVE OFFICERS. The elective officers of the City of Lisbon, unless otherwise specified shall hold their respective offices for four years and until their successors are elected and qualified.

2-103. QUALIFICATIONS OF ELECTIVE AND APPOINTIVE OFFICERS. No person shall be eligible to hold an elective municipal office unless he is a qualified elector of the City of Lisbon and unless he has been a resident thereof for at least nine months preceding the election, and is able to read and write the English Language. No person shall be eligible to hold an appointive office unless he is a citizen of the United States. No person in default to the City of Lisbon shall he eligible to any office.

2-104. MAYOR: TERM OF OFFICE. The chief executive officer of the City is the Mayor, who shall hold his office for four (4) years and until his successor is elected and qualified.

2-105. SAME: COMPENSATION OF. The Mayor shall receive such compensation as the City Council may, by ordinance, direct; but his compensation shall not. be changed during his term of office.

2-106. SAME: DUTIES OF. The mayor shall preside at all meetings of the City Council, but shall not vote except in the case of a tie, when he shall give the deciding vote. He shall perform all such duties as are or may be described by law or by the City Ordinances, and shall take care that the laws and ordinances are faithfully executed. The Mayor, at any time, may examine and inspect books, records, and papers of any agent, employee, or officer of the City. The Mayor shall sign or veto each ordinance or resolution passed by the Council.

2-107. ALDERMEN: TERM OF OFFICE. Aldermen shall hold their office for four (4) years and until their successors are elected and qualified, provided, however, that the Aldermen elected shall alternate in their respective terms of office by electing only one-half (1/2) the number of Aldermen in any one election except that whenever more than three (3) Aldermen are to be elected in any one election, then, of the Aldermen elected to the vacancies creates, the alderman or aldermen receiving the lower number of votes in said election shall serve only two (2) years. (Ord 94-2).

2-108. SAME: DUTIES OF. Each Alderman shall perform the duties provided by law and the ordinances of the City. He shall attend all regular and special meetings of the City Council, and of his particular committee, and of the Board of Equalization, unless absent from the City or excused by the Mayor.

2-109. MUNICIPAL JUDGE, JURISDICTION OF. The Municipal Judge shall have exclusive jurisdiction of, and it shall be his duty to hear, try, and determine offenses against the ordinances of the City.

The Municipal Judge shall perform all the duties prescribed by law and the ordinances of the City and shall make a full report, in writing under oath, of his proceedings in all actions or matters in which the City of Lisbon is a party or interested to the City Council monthly and such report shall contain the names of the parties to the action or proceeding, the judgment entered, the amount of such judgment and all costs, the amount of fine and costs paid, if any, and the disposition thereof together with an itemized statement of the fees of said Municipal Judge and, as the case may be, of all officers and witnesses with the names of each, which report shall be accompanied by the duplicate receipt of the City Auditor for the amount of fine, criminal fees, and money so collected in behalf of the City.

He shall at no time retain or withhold from the moneys coming to his hands from fines any portion thereof, under color or claim of any portion thereof being due to him, for his fees or costs, but at the time of making his report and returning the moneys collected for such fines, he shall present for the action of the Council, a bill for such fees and costs and for any breach thereof he shall be subject to a like fine as hereinafter provided for.

He shall keep his office open at all reasonable hours, excepting Sunday and legal holidays for the transaction of business of his office.

If any Municipal Judge shall neglect or refuse to pay over to the City Auditor on or before the last day of the succeeding month the money collected by him during any previous month, or shall refuse to allow the Mayor, the City Council or any of its committees to examine his records in regard to such matters he shall be deemed guilty of willful neglect in office and may be removed therefrom according to law.

In all cases not herein otherwise provided for the process and proceedings before such Municipal Judge shall be governed by the Laws of the State regulating the process and proceeding in such courts.

2-110. MUNICIPAL JUDGE, COMPENSATION OF. As full compensation for his services the Municipal Judge shall be paid the fees allowed justices of the peace for similar services, under the laws of the State. Such fees, and all fees and costs incurred in their courts for which the City may be liable, shall be audited and paid in the same manner as other claims against the City.

2-111. OATH OF OFFICERS. All officers of the City, whether elected or appointed, shall before entering upon the duties of their respective offices, take and subscribe the oath of office prescribed in section 211 of the Constitution. Such oath shall be filed in the office of the City Auditor except in the case of the auditor who shall file their oath of office with the County Auditor of Ransom County.

2-112. RETIRING OFFICERS TO TURN OVER BOOKS. Any person having been an officer of the City shall within five (5) days after notification and request, deliver to his successor in office all property, books and effects of every description in his possession, belonging to the City or appertaining to his office; and upon his refusal to do so shall be liable for all damages caused thereby, and to such penalty as is hereinafter prescribed.

ARTICLE II

APPOINTIVE OFFICERS

2-201. OFFICERS APPOINTED, WHEN, HOW. At the first regular meeting of the City Council, after the election for Mayor, or within a reasonable time thereafter, the Mayor shall appoint a City Auditor, a City Attorney, a City Street Commissioner, a City Water and Sewerage Superintendent, a Chief of Police, and as soon thereafter as possible appoint such other officers or boards as the City Council may deem necessary, provided, the Mayor may remove any officer appointed by him whenever he shall be of the opinion that the interests of the City demand such removal but, at the next regular meeting the Mayor shall submit in writing the reasons for removal of said officer.

2-202. VACANCY CAUSED THROUGH REMOVAL BY MAYOR, HOW FILLED. A successor, ad interim, may be appointed by the Mayor to fill a vacancy caused by the removal of any officer by the Mayor, who shall qualify and be subject to the same liabilities and vested with the same rights as a duly appointed and confirmed officer until the next regular meeting of the City Council. The Council shall, at such meeting, proceed to ballot on the appointment as is hereinbefore provided for original appointment. In case of a vacancy for any other cause the same shall be filled in like manner as an original appointment.

2-203. TERM OF APPOINTED OFFICERS. All appointed officers shall, unless sooner removed according to law, hold their respective offices for two (2) years, and until their successors are appointed and qualified; the term of office shall commence in the first day of May succeeding their appointment, except for such offices as are in these ordinances specifically provided otherwise.

2-204. POSTPONEMENT OF APPOINTMENTS. The Council may upon the concurrence of two- thirds of the Aldermen present postpone action on such appointments or any of them to a special session of the Council to be held not later than one week from the date of such adjournment.

2-205. CITY ASSESSOR: APPOINTMENT OF. The Mayor shall at the first meeting of the Council in September of each odd numbered year appoint a City Assessor as described by the law of the State; said appointment shall be confirmed and approved by the majority ballot of the Aldermen elected, and in the case of a failure of the Council to confirm and approve any such appointment, the Mayor shall immediately and at such meeting, make another appointment to be acted on in like manner by the Council and shall so proceed until the office is filled. The Mayor can a second time submit the name of any appointee, who has once failed of confirmation and approval by stating in writing with such appointment his reasons therefore; but an appointee twice rejected by the Council cannot a third time be appointed by the Mayor during the same term of his office as Mayor.

2-206. SAME: DUTIES OF. The City Assessor shall perform all duties necessary for the assessing of property within the City Limits for the purpose of levying City, County, School and State Taxes.

2-207. CHIEF OF POLICE, DUTIES OF. The Chief of Police shall perform such duties as shall be prescribed by the City Council and Chapter 3 Article 2 for the preservation of the peace. All police officers of the City shall, within the City Limits and for a distance of one and one-half (1 1/2) miles in all directions within the State next outside the City Limits, perform the duties and exercise the power of Peace Officers as defined and prescribed by the Laws of the State; and shall also have the power, and it shall be their duty, to serve and execute any warrants, writs process, order or notice issued to them by the Municipal Judge within said City in any civil or criminal action or proceeding for or on account of a violation of any action or proceeding for or on account of a violation of any City ordinances, or in any action or proceeding in which the City is a party or beneficially considered; and in addition thereto shall perform such duties as shall be prescribed by the ordinances of the City.

2-208. AUDITOR, DUTIES OF. It shall be the duty of the City Auditor in connection with his other duties:

To present and keep a correct journal of the proceedings of each meeting of the City Council.

To make a correct record of the same, engross all ordinances and record the same in a book for ordinances.

To furnish the several committees copies of resolutions, and other matters that may be referred to them, unless the original papers are furnished, and to do such other clerical duties as may be prescribed by the City Council.

To collect water, sewer and garbage charges, license and permit fees, and all other municipal charges which the City Council shall from time to time make.

To receive all moneys being owed to the city and keep accurate and detailed accounts thereof.

To cause department heads or other employees having control or custody of municipal funds, accounts, claims or bills to provide such City Auditor with a full report thereof

To keep the corporate seal and all papers and records of the City.

To draw and countersign all orders on the treasury in pursuance of any order or resolution of the governing body and keep a full and accurate account thereof in books provided for that purpose.

To examine and countersign all bonds, orders, or other evidence of indebtedness of the City before the same become valid.

To keep regular books of account in which he shall enter all indebtedness of the City and which at all times shall show the financial condition of the City, the amount of bonds, orders, certificates, or other evidence of indebtedness issued by the governing body, the amount of all bonds, orders, certificates, or other evidences of indebtedness which have been redeemed, and the amount of each outstanding; said books shall at all reasonable times be open to inspection by any voter of the City.

To make and keep a list of all outstanding City bonds, orders, certificates or other evidences of indebtedness showing to whom and for what purpose the same were issued, when and where each is payable, the rate of interest each bears, and to recommend such action to the governing body as will secure the punctual payment of the principal and interest of such bonds or other indebtedness.

To countersign all contracts made in behalf of the city if the necessary funds have been provided to pay the liability incurred thereunder, to countersign certificates of work authorized by any committee of the governing body, or by any City officer. Each contract made in behalf of the City or to which the City is a party shall be void unless countersigned by the auditor.

To keep account with all receiving and disbursing officers of the City showing the amount they have received from the different sources of revenue, and the amount which they have disbursed under the direction of the governing body.

To make a list of all certificates for the payment of which special taxes are to be levied in each year in time for the same to be inserted in the tax roll in the form of a schedule of special taxes and to certify to the correctness thereof.

To prepare and submit to the governing body of the city a written report each month showing the condition of the several funds of the city and of all outstanding contracts and claims which may be payable out of any such funds.

To prepare and submit to the governing body a report in July, October, January and April of each year showing a full, clear and complete statement of all taxes and other revenues collected and expended for the preceding three months, and indicating the respective sources from which the moneys are derived and the disposition made thereof.

To prepare and submit a report, on or before January 10th and July 10th of each year, showing the receipts and expenses of the city for the six-month periods ending December 31st and June 30th, respectively. Such report shall include a statement of the financial condition of all municipal funds as of the date for which it is given, and shall be kept on file in the office of the City Auditor as a permanent public record. Certified Copies of the report shall be forwarded to and kept on file in the offices of the County Auditor and County Treasurer and shall be open to public inspection and examination.

To prepare and submit a detailed statement, on or before the tenth day of January in each year, showing the expenses of the city during the last year and an estimate of the expenses for the ensuing year and the income for that year from sources other than taxes.

To perform such other duties as may be prescribed by other sections of these Revised Ordinances.

To assume all functions and duties of the office of City Auditor where indicated in other chapters of the Revised Ordinances of the City of Lisbon.

2-209. SUPERINTENDENT OF WATERWORKS AND SEWERAGE, DUTIES OF. There is hereby created in the City of Lisbon the position of Waterworks and Sewerage Superintendent whose duties shall be as hereinafter set forth, and as provided by any other ordinances of the City of Lisbon.

For the purpose of brevity, the Waterworks and Sewerage Superintendent shall be referred to in this article as Waterworks Superintendent or Sewerage Superintendent, whichever may appear.

It shall be the duty of the Superintendent of Waterworks to take and have charge and management of the city waterworks and any and all property pertaining thereto. It shall be his duty to protect the same from unnecessary damage or loss and keep said waterworks in good running order and repair; and he shall personally superintend and direct all work pertaining to the further extension of said waterworks systems and all repairs upon the same of every kind and nature, and he shall make a monthly report to the City Council , or oftener if required, of all matters as will at all times show the true condition and state of his office, and he shall perform such other duties as shall be required of him by the committee on water or by said City Council.

Said superintendent shall make the necessary purchases of material and supplies for use in his department upon order of the committee on water or the City Council. He shall at all times and in all things pertaining to the superintendency, management and care of said waterworks be subject to the supervision and direction of the City Council and of its committee on water.

It shall be the duty and power of the Superintendent of Waterworks to exercise general control and management of all waterworks property of the City, and supervise and manage the repairs of the same upon the advice of the committee on water.

It shall be the duty of the Waterworks Superintendent to supervise the making of all connections with the waterworks system, which shall include both water and sewer main, and shall follow the instructions of the City Auditor in turning on or turning off the water for any consumer. The Waterworks Superintendent shall see that all of the provisions of the ordinances pertaining to the sewer and water utility, insofar as the construction and maintenance of the waterworks and sewerage system are complied with.

The Waterworks Superintendent shall keep an accurate account showing when and where all connections are made with the city waterworks and sewerage system and the location in the streets and alleys of all valves, cutoffs, connections and other matter connected with the city waterworks and sewerage system. He shall make and file with the City Auditor a full report in writing at the close of each month of all the work in his office, which report shall be detailed in outline for the information of the governing body and the City Auditor.

It shall be the duty of the Superintendent of Waterworks to report promptly to the Health Officer all violations of health ordinances which come to his notice and render any practical assistance to the Health Officer when the Health Officer may require.

The Mayor may appoint an Assistant Superintendent of Waterworks and Sewerage when he deems it necessary, subject to the approval of the City Council.

2-210. STREET COMMISSIONER, DUTIES OF. There is hereby created within the City of Lisbon the position of Street Commissioner. The duties of the Street Commissioner shall be as hereinafter provided and as provided by any other ordinances of the City of Lisbon.

It shall be the duty of the Street Commissioner acting under the direction of the Street Committee of the Council, or the Council as a whole, to superintend the construction, repairs and cleaning of the streets, alleys, sidewalks, culverts, bridges, and direct the grading, working and improving of streets, alleys and public places within the limits of said city.

It shall further be the duty of the Street Commissioner to keep in repair and protect and he shall be responsible for all machinery and tools belonging to his department.

All materials and supplies used by his department shall be purchased by him on the written order of the Chairman of the Street Committee or by the City Auditor on authority granted by the City Council as a whole.
He shall see that the streets and alleys are kept clean and free from filth, manure, paper and rubbish and from all obnoxious weeds. He shall see that the streets of the city are kept in the best repair practical.

It shall be the duty of the Street Commissioner to report promptly to the Health Officer all violations of health ordinances which come to his notice and render any practical assistance to the Health Officer which the Health Officer may require.

The Street Commissioner shall have the power, and it is hereby made his duty when the condition of any sidewalk is such as to render it dangerous to the public, to take such measures as shall prevent the use of the same, and shall post danger signals thereon, and shall at once repair the same under the direction of the Street Committee.

Whenever any excavation is open in the streets for plumbing ditches or otherwise, it shall be the duty of the Street Commissioner to see that the person charged with the responsibility for opening such street or sidewalk or boulevard shall cause the same to be properly protected with suitable barriers to prevent accident or injury to the passing public.

In the event that such opening is to remain uncovered or unfilled during the night or otherwise dark hours, it shall be the duty of the Street Commissioner to see that a flare or flares, such as may be necessary to properly safeguard the general public, shall be placed upon the said excavation.

The Mayor may appoint an Assistant Street Commissioner when he deems it necessary, subject to the approval of the City Council.

2-211. HEALTH OFFICER, DUTIES OF. The Health Officer shall be a competent physician. He shall perform such duties as may be conferred upon him by law or by the ordinances of the City. Before entering upon the duties of his office he shall take the usual oath of office and give a bond to the City in the amount provided by this code. He shall receive such compensation for his services as the City Council may determine.

He shall be a member of the Board of Health. It shall be his duty to make and publish suitable rules and regulations tending to promote the health of the inhabitants of the City. He shall promptly report to the Mayor and the City Council all violations of said rules and regulations and city ordinances and state laws tending to promote the health of the inhabitants of the City.

2-212. CITY ENGINEER, APPOINTMENT OF. A City Engineer may be appointed by the Mayor whenever necessary and his salary fixed by the Mayor in his order of appointment which appointment and salary shall be subject to the approval of the City Council.

2-213. CITY ENGINEER, QUALIFICATIONS OF. The City Engineer shall have the qualifications prescribed by law and shall be duly registered as a professional Engineer in the State of North Dakota. The City Engineer shall perform the duties pertaining to his office as shall be described by law and the ordinances of the City of Lisbon.

2-214. REPLACEMENT OF CITY ENGINEER, WHEN NECESSARY. Whenever in the judgment of the Mayor and City Council it shall be necessary or in the best interests of the City that the construction of any special work of public improvement in said City shall be planned or constructed by or under the supervision of any civil engineer other than the City Engineer, which other engineer shall be specially qualified and expert in the particular line of such work of public improvement, a consulting engineer may be employed by the City for such special work of public improvement, and when so employed shall have the sole custody and supervision of the planning and construction of such work or public improvement and shall in that particular regard report and account to the City Council as required generally of the City Engineer and shall receive such compensation as may be fixed by the City Council.

2-215. CITY ATTORNEY, DUTIES OF. The City Attorney shall conduct all the law business of the City and of the departments thereof and all law business in which the city shall be interested; he shall, when requested furnish written opinions upon the subjects submitted to him by the City Council or any other department. It shall also be his duty to draft all ordinances, bonds, contracts, leases, conveyances and other such instruments as may be required by the officers of the City; to examine and inspect tax and assessment rolls and all other proceedings in reference to the levying and collection of taxes and to perform such other duties as may be described by the Council or Ordinances.

2-216. CITY DOG CATCHER: APPOINTMENT OF. The Mayor may appoint whenever he deems it necessary a dog catcher and shall in his order of appointment fix his compensation which appointment and compensation shall be subject to the approval of the City Council.

2-217. OTHER OFFICERS: APPOINTMENT OF. The Mayor may appoint special policemen and other necessary officers when he deems it necessary and fix their compensation in the order of appointment which appointment and compensation shall be subject to the approval of the City Council.

ARTICLE III

SALARIES OF OFFICERS

2-301. SALARIES OF OFFICERS, AMOUNT. The following named officers of the City of Lisbon shall receive salaries as follows:

Mayor $4,200.00 per year

Aldermen $3,000.00 per year

In addition to the annual salary stated above, Aldermen and the Mayor may receive up to $125.00 per day for attending meetings or performing other City business if said per diem is approved in advance at a City Council meeting.

The salaries of the Auditor, Assessor, Chief of Police, Street Commissioner and Superintendent of Waterworks and Sewerage, Fire Warden, and City Attorney shall be fixed by the Mayor at the time of appointment, subject to the approval of the City Council. Said salaries may be increased from time to time by the Mayor, subject to the approval of the City Council.

The Municipal Judge shall receive only such sums as are allowed by state law. (Ordinance No. 2014-2).

2-302. SALARIES, PAID HOW. All salaries herein provided for shall be paid in monthly installments at the expiration of each month where such officers hold office for one month or more. In temporary appointments where the compensation is fixed by the Mayor with the approval of the Council the compensation shall be paid upon the presentation and auditing of the bills of said special appointees. The compensation of the City Assessor shall be paid each year upon completion of the assessment.

ARTICLE IV

CITY COUNCIL

2-401. REGULAR MEETINGS. The regular meetings of the City Council shall be held on the first Monday evening of each month, at 7:00 p.m., at such place as may be designated by order or resolution of the City Council, and such meeting may be adjourned to any other time to attend to unfinished business or to secure a quorum. In the event that the regular meeting date falls on a federally recognized holiday, then the regular meeting shall be automatically postponed to the following day at the same time and place. (Ordinance No. 2014-3).

2-402. SPECIAL MEETINGS. Special meetings may be called by the Mayor or by any three or more Aldermen. Notice of such special meeting shall be served upon the Mayor and Aldermen not calling the meeting, at least six hours before the time of meeting either by a copy delivered to them personally or by copy left at their usual place of abode or business or with some member of the family at least twelve years of age, which notice shall specify the time, place, and object of such meeting, and shall be signed by the Mayor or Aldermen calling such meeting; and it shall be the duty of the Chief of Police or any policeman to serve the same.

2-403. CALL TO ORDER. The Mayor shall, at the hour of meeting, call the Council to order; he shall then preserve order and decorum and decide all questions of order, subject to an appeal of the Council.

2-404. ATTENDANCE OF ALDERMEN. Any Aldermen neglecting to attend any regular, special or adjourned meeting of the City Council after having received due notice of such meeting as provided in Section 2-402 and remaining in attendance until the adjournment of such meeting, unless excused for such non- attendance by the City Council, shall be subject to a fine of not less than five dollars for the first offense and not less than ten dollars for the second, or any subsequent offense, and for a third or subsequent offense may be expelled from office with the concurrence of two thirds of the Aldermen elect.

2-405. CALLING ROLL OF MEMBERS. As soon as the Council shall be called to order the Auditor shall call the names of the members in alphabetical order, noting who are present and who are absent, and record the same in the proceedings of the Council; and if it appears that there is not a quorum present the fact shall be entered in the journal and the Council shall stand adjourned.

2-406. VOTING AT MEETINGS. No member of the City Council shall be excused from voting, except by a majority of the Council present at such session.

2-407. ADJOURNMENT OF MEETINGS. The Council may at a regular meeting adjourn to such time as may be agreed upon, and at such adjourned meeting may do any business that might be done at a regular meeting.

2-408. MOTION TO ADJOURN. A motion to adjourn shall always be in order, but a motion to adjourn shall not be received when the Council is voting on another question.

2-409. RULES OF ORDER OF BUSINESS. At each regular meeting of the Council the order of business shall be as follows:

Reading and correcting the journal of the last preceding meeting.

Receiving petitions, memorials, remonstrances, and other communications.

Reports of committees may be made and considered, first from standing committees and next from special committees.

Unfinished business.

Amending, rescinding or adopting by-laws.

Accounts may be introduced and acted upon.

Miscellaneous business.

2-410. RULES OF PROCEDURE: COUNCIL. The general rules of Council Procedure shall be as follows:

Order Preserved. The presiding officer shall preserve order and decorum, prevent personalities or the impugning of members’ motives, confine members in debate to the question under discussion and shall decide all points of order subject to an appeal to the Council.

Right of Appeal. Any member may appeal to the Council from a ruling of the presiding officer. If the appeal is seconded the member making the appeal may briefly state his reason for the same, and the presiding officer may briefly explain his ruling; but there shall be no debate on the appeal and no other member shall participate in the discussion. The presiding officer shall then put the question, “Shall the decision of the chair be sustained?” If a majority of the members present vote aye, then the ruling of the chair is sustained; otherwise, it is overruled.

Right of Floor. When any member is about to address the council, he need not rise from his seat, but shall respectfully address the presiding officer by title, and when recognized by the chair shall confine himself to the question under debate, avoid personalities and refrain from impugning the motives of any other member s argument or vote.

Stating of Motion; Resolutions Written. When a motion is made it shall be stated by the presiding officer or read by the Auditor prior to debate. All resolutions shall be reduced to writing, and any resolution may be withdrawn by consent of the City Council before discussion or amendment.

Debate Limitation. No member shall speak more than twice at the same meeting on any question except by leave of the City Council. No speaker shall address the council for a period longer than five (5) minutes without permission. It shall be the duty of the presiding officer to call the speaker to order upon the expiration of such time limit. This rule may be suspended at any time by a majority vote of the council.

Member Call to Order. When a member is called to order, he shall not proceed until the question of order is decided.

Division of Question. If the question contains two or more divisible propositions the presiding officer may, and upon request of a member shall, divide the same, but a motion to strike out a provision and insert a substitute is not divisible.

Voting Procedure: Demand for Roll Call. All questions except passage of ordinances shall be put in this form:

“Those who are in favor of the motion (state the question) say ‘Aye,’ those opposed say ‘No.’” In doubtful cases, or before the question is decided, any member may call for ayes and nays by roll call, and when the ayes and nays are so called for and ordered, the fact shall be entered on the journal with the names of those persons voting and the nature of their vote. The ayes and nays shall in all cases be ordered upon passage of all ordinances, resolutions, expenditure of funds or sale of property, and when called for by one member.

Reconsideration. After the decision on any question, any member who voted with the majority may move a reconsideration of any action at the same or the next succeeding meeting; provided, however, that a resolution authorizing or relating to any contract may be reconsidered at any time before the final execution thereof. A motion to reconsider shall require the same number of votes as is required to adopt an ordinance or resolution. After a motion for reconsideration has once been acted on, no other motion for a reconsideration thereof shall be made without unanimous consent.

Precedence Motion to Adjourn. A motion to adjourn shall always be in order except when a vote is being taken.

Precedence of Motions. When a question is before the council no motion shall be entered except the following:

To adjourn.
To fix the hour for adjournment.
For the previous question.
To lay on the table.
To postpone to a certain day.
To postpone indefinitely.
To refer to a committee.
To amend.

There motions shall have precedence in the order indicated. Any such motion, except a motion to amend, shall be put to a vote without debate.

Interrupting Speaker. When any member is speaking, no member shall entertain any private discussion or in any way interrupt the speaker except as to a question of order.

Member Moving Resolution or Motion. In all cases where a resolution or motion shall be entered on the minutes, the name of the member moving the same shall be entered in minutes.

Remarks of the Councilmen — When entered in Minutes. A councilman may request, through the presiding officer, the privilege of having an abstract of his statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

Synopsis of Debate — When Entered in Minutes. The Auditor may be directed by the presiding officer, with consent of the council, to enter in the minutes a synopsis of the discussion on any question coming regularly before the Council.

Ordinances and Resolutions. All ordinances and resolutions shall be introduced in the Council only in written form. No ordinance shall be placed on a first reading until the same has been referred to the Ordinance Committee. The requirement of referral to the Ordinance Committee may be suspended where an ordinance pertaining to the creation of any special assessment district and an ordinance levying a tax in any special assessment district duly created is to be introduced.

Amendments. It shall be in order to amend an ordinance at any time when not in the hands of a committee. If an ordinance after its second reading is referred to a committee to be amended, it shall be laid over for further consideration until the next Council meeting. A motion to amend an amendment shall always be in order but shall be limited to a single amendment of an amendment.

Excusal from Attendance. No member shall be excused from attendance at a Council meeting, except upon roll call, and a vote of the majority of members present.

Excusal During Meeting. Any member desiring to be excused while the Council is in session shall obtain permission from the presiding officer.

Anonymous Communications. Unsigned communications shall not be introduced in Council meetings.

Auditor and Employees. The Auditor and other officers and employees of Council shall be under the control and direction of the Chair during the sessions of Council.

Petitioners to Pay Costs. Whenever application is made for the grant of a franchise right, change of street name, amendment of zoning ordinance, street vacation, or for any other grant, right, franchise or privilege, resulting in special benefit to the applicant, the Auditor shall require an amount estimated to be sufficient to pay the costs of any advertising, recording, printing, mimeographing or other special services arising by reason of such application. Any unused balance shall be refunded to the petitioners on voucher of the Auditor.

Election of Officers. A majority of all members elected to the Council shall be required to elect a President and a Vice President.

Claims and Accounts: Allowance of. All demands, claims or accounts against the City of Lisbon shall be handled as set forth in Article V of Chapter 2, Revised Ordinances.

Robert’s Rules of Order. Any question of procedure not covered herein shall be governed by Robert’s Rules of Order

Standing Rules: How Changed. No standing rules of order of the Council shall be repealed, rescinded, changed, or suspended except by a vote of the two- thirds majority of the members of the Council; nor shall any new rule be added thereto except by like vote.

Liability of City. No city officer shall make any account or incur any liability on account of the city without first presenting the same to the Council and obtaining authority therefore.

2-411. PRESIDENT AND VICE- PRESIDENT OF COUNCIL, SELECTION, DUTIES OF. The City Council shall at the first regular meeting after the annual election in each year elect from its own members a President and Vice- President, who shall hold office for the municipal year. The President of the Council shall, in the absence or temporary disability of the Mayor, be presiding officer of the Council and shall during the absence of the Mayor from the City or his temporary disability be acting Mayor and shall possess all powers of Mayor. In the absence or disability of the Mayor and the President of the Council the Vice- President shall perform the duties of the Mayor and the President of the Council.

2-412. APPOINTMENT OF COMMITTEES AND OFFICERS. The Mayor shall, as soon as practicable after his election, appoint the following standing committees, consisting of three members each:

Finance

Streets and Alleys

Street Lighting

Fire and Water

Property

Health and Sanitation

Conventions

Airport

Armory

Civil Defense and Communications

2-413. SPECIAL POLICEMEN, APPOINTMENT OF. The Mayor may in case of emergency or necessity appoint such special policemen as he may deem necessary for the preservation of the peace and good order of the City, which special policemen when appointed shall take oath as prescribed by law, and which appointment is subject to the approval of the City Council at its next regular session and in conformity with the City Ordinances and resolutions relative to appointments, and the appointment of special policemen.

2-414. MAYOR, POWER TO KEEP PEACE. The Mayor shall have power, when necessary, to call male inhabitants of the City over the age of eighteen (18) years to aid in enforcing the laws and ordinances of the City.

2-415. MAYOR MAY SUPPRESS DISORDER AND KEEP PEACE. The Mayor may exercise within the city limits the power conferred upon a sheriff to suppress disorder and keep peace.

ARTICLE V

BILLS OR CLAIMS AGAINST THE CITY

2-501. DUTIES OF FINANCE COMMITTEE. The Finance Committee shall review and audit all bills, claims and accounts against the City of Lisbon before they shall be referred to the City Council, and its approval or disapproval, as the case may be, must be indicated on each bill, claim or account reviewed and audited, before the claims shall be approved by the City Council.

2-502. ITEMIZED STATEMENT, CERTIFICATE. No bill, claim or account against the City of Lisbon, except fixed salaries of officials and employees whose positions are continuing, shall be approved by the City Council or paid by the City Auditor unless an itemized voucher or bill shall have been filed and certified in substantially the following form:

CERTIFICATE

I do hereby certify that the within bill, claim or account or demand is just and true; that the money therein charged was actually paid for the purpose therein stated; that the services therein charged were actually rendered and of the value therein charged, and that no part of such bill, claim, account or demand has been paid; and that the goods therein charged were actually delivered and were of the value charged.

Department Approval

Goods Received – Services Performed

Official Position If signed for a firm or company show authority on this line.

__________________________ 19__________

2-503. APPROVAL OF CLAIMS, BY WHOM. Every bill, claim or account coming before the City Council for consideration and approval, except as otherwise provided, shall bear the approval of the head of the department for which the expense was incurred, and the audit and approval of the Finance Committee, and shall have been checked by the City Auditor as to the correctness of extensions and additions.

2-504. EXAMINATION, INVESTIGATION, UNDISPUTED BILLS: HOW APPROVED. Before any bill, claim or account is allowed and approved by the City Council any alderman may examine and question any bill, claim or account and may request the same held for further investigation. Such bills as are not questioned or held for further investigation may be approved by a single motion to cover all the bills, claims and accounts which have been found to be correct and proper charges against the City. The City Auditor shall certify on each bill, claim or account the date of approval and the amount for which the bill was approved by the City Council.

2-505. RECORDS KEPT REGARDING APPROVED BILLS. Except in the case of disputed or questioned bills, claims or accounts, the City Auditor’s certificate showing the date of approval and the amount allowed by the City Council, shall constitute all the record required covering the consideration which has resulted in its approval. The minutes shall show any action taken by the Council in the case of disputed or questioned bills.

ARTICLE VI

PENALTY

2-601. PENALTY FOR FALSE CLAIM. Every person, firm or corporation who shall falsely certify and file with the City Auditor any false or fraudulent bill, claim or account against the City of Lisbon, or who shall violate any of the provisions of this article, shall upon conviction thereof, be punished as provided in Section 20-101. (Ordinance 2000-1).

ARTICLE VII

FUNDS OF THE CITY

2-701. FUNDS. There is hereby established the following different funds for said City of Lisbon:

GENERAL FUNDS:

General Government

Public Safety

Public Works

Street Lighting

Contingent

Equipment Replacement

SPECIAL FUNDS:

Library

Airport

Cemetery

Armory

Oasis

Insurance Reserve

Motor Vehicle Fuels tax

Advertising

Deficiency Levy

Emergency

Federal Revenue Sharing

Recreation

ENTERPRISE FUNDS:

Sewage Disposal Reserve

Water Operation Refuse

Provided, that the City Auditor may from time to time create such additional funds as in his judgment may be necessary for the proper and convenient keeping of his accounts with approval of the City Council.

All existing sinking and interest, special assessment, Revenue Bond, and other special funds that are restricted by resolution, ordinance or State Law shall be continued for the express purpose for which they were created.

2-702. FUNDS CONSIST OF WHAT. The General, Special and Enterprise Funds shall consist of the moneys levied and assessed for such purpose and any other moneys properly belonging thereto.

2-703. MONEY COLLECTED, HOW CREDITED. All moneys collected shall be credited to and kept by the City Auditor in the particular fund for which purpose the levy of taxes, special assessment, utilities revenue, fees or other source of revenue, was intended or as may be designated by State Law.

2-704. UNEXPENDED BALANCES, DISPOSITION OF. Whenever there remains in the City Treasury an unexpended balance of any special fund, and all claims against such fund have been fully paid and the purpose for which it was created has been fully subserved and there remains no further use for such balance for the purpose for which it was created, it shall be lawful for the City Council by resolution to transfer such balance to any other fund of said City.

2-705. MONEY PAID TO WHOM. That all sums of money due the city, including water rents, shall be paid directly to the City Auditor who shall issue receipts therefore.

2-706. REPORTS OF CITY AUDITOR. The City Auditor shall furnish the City Council with a report showing all receipts and disbursements in the several funds, including water rents, during the preceding month and the present balances in all funds, at the regular meeting of the City Council each month.

ARTICLE VIII

CITY SEAL

2-801. SEAL. That the seal of said city shall be circular in shape, 2 3/4 inches in diameter, with the word “Seal” engraved across the face in Roman Capitals, and the words “City of Lisbon, North Dakota” engraved around the margin thereof, and shall be kept by the City Auditor to be used as the duties of his office may require.

ARTICLE IX

MODE OF CONDUCTING SPECIAL ELECTIONS.

2-901. SPECIAL ELECTION. That the City Council may by resolution order a special election when same becomes necessary for any reason.

2-902. NOTICE AND POLLS OPEN. That notice of said special election be given and said election be conducted in all things in the same manner as is now provided for by the laws of the State of North Dakota, and the ordinances of this City, for the conduct of the regular annual city election, except when such special election is called on the same day as a general or primary election or other state wide election in which event the polls shall remain open during the hours that the polls are to remain open for such general or primary or other state wide election as the case may be.

2-903. PETITION OF CANDIDATES. That candidates for office to fill vacancies for which such special election may be called shall file petitions of nomination in the same manner, and within the time prior to election date, as is now provided by law for candidates for office at the regular annual elections.

ARTICLE X

MISCELLANEOUS.

2-1001. MAINTAINING CITY OFFICE ROOMS, EXPENSE OF. The City shall at its own cost, furnish, maintain, heat and light office rooms for the following named city officers: Municipal Judge, Chief of Police, Superintendent of Waterworks and Sewerage, and Street Commissioner.

2-1002. OFFICIALS TO SUBMIT RECORDS TO WHOM. All officers, agents or employees of the City shall at all times when required by the City Council, submit the books and papers of their respective offices and make a report of their transactions in such offices to the Mayor, City Council or any standing or special committee thereof as the Council may direct.

2-1003. OFFICIAL NEWSPAPER. The City Council shall annually, at its first meeting in May, or as soon thereafter as practicable, designate some newspaper published in the city as the Official Newspaper of the City in such manner as is provided by the law of the State. After any ordinance, notice, resolution or other proceeding has been published, a copy of the publication, together with the affidavit of publication stating the length of time it has been published, shall be filed with the City Auditor. Such affidavit shall be conclusive evidence of the publication. The bill for the publication shall not be audited until such affidavit is filed.

2-1004. FEES TO BE PAID FOR PUBLICATION IN OFFICIAL NEWSPAPER. The fees to be paid for any official publication shall not be in excess of that prescribed by the law of the state for such publications.

ARTICLE XI

CITY PROPERTY

2-1101. CITIES BUILDINGS: CONTROL OF. All City buildings, including the Fire Hall and Police Station, shall be under the direct control of the Mayor and Council, and shall be subject to such regulations as shall be from time to time adopted relative thereto.

2-1102. SAME: OFFICES IN. The City Fire Hall shall be used by the Fire Department and the Police Department and for such further use as the Council may deem advisable and as would be consistent with the use of the Fire and Police Departments. The Fire Department and all property pertaining thereto shall be kept in the Fire Hall and the Fire Department shall have the right with its members to use and occupy that portion of the City Fire Hall and meeting room, all of which shall be under the control of the Chief of the Fire Department.

2-1103. SALE OR LEASE OF CITY PROPERTY. If the City Council intends to convey, sell, or otherwise dispose of any municipal property, whether real or personal, and the property is estimated by the City Council to have a value of less than Two Thousand Five Hundred Dollars, said property may be sold at private sale by resolution of the City Council. In all other cases, the property may be sold, conveyed, or disposed of only at public sale; excepting, however, that real property may also be sold by nonexclusive listing agreements as provided in N.D.C.C. 40-11-04.2; and further excepting, however, that the City may sell property to another governmental unit by private sale in order to provide for the public welfare and in furtherance of proper governmental functions.

If the City Council intends to lease any municipal property, the council shall first, in its discretion, determine the minimum rental to be charged for said property, and may then lease said property for at least that amount by private agreement or by calling for bids. The council may accept or reject offers in excess of said minimum rental for good cause. If no acceptable offers are received, the City Council may then in its discretion, reduce the minimum rental to be charged for such property. (Ordinance 1989-7)

ARTICLE XII

DESTRUCTION OF BONDS, COUPONS, ETC.

2-1201. DOCUMENTS: WHICH MAY BE DESTROYED, DEFINED. The documents referred to in Sections 2-1202 and 2-1203 shall be construed to mean all bonds, bond coupons for interest, warrants, special assessments warrants, and any and all other documents evidencing debt and made and executed by the City of Lisbon; such documents to not include the following of records, which shall not be destroyed: 1) Governing Body’s proceedings, 2) receipt and expenditure journals, and 3) payroll records.

2-1202. SAME: TIME TO BE KEPT. No such documents as hereinbefore defined shall be destroyed as hereinafter provided until five (5) years have elapsed after their payment; provided that no such documents shall be destroyed until the right of action to determine the validity of such documents has run.

2-1203. SAME: PROCEDURE FOR DESTRUCTION. After the same have first been offered to the State Archivist, the governing body of the City of Lisbon desiring to destroy such documents as hereinbefore set forth at its first meeting in January of each year procure from the City Auditor a list of such documents which have been paid for more than five (5) years prior to such time or against which the right of action to determine the validity of such documents has run, which said list shall contain a full statement and description of the documents desired to be destroyed and thereupon shall check said documents with such lists, and if found correct the said governing body shall by resolution order that said documents be destroyed and shall in said resolution provide the manner of such destruction. The list provided for in this section shall be filed in the office of the City Auditor and retained as a permanent record.

2-1204. DESTRUCTION OF CITY RECORDS. After the same have first been offered to the State Archivist, the City Auditor shall destroy by burning any of the following records, forms, or blanks after the same have become five years old:

Election Poll Books;

Election Registration Books;

Petitions of Candidates;

All election forms, blanks, books, and records of any kind and description except abstracts of votes;

Assessment Slips;

Claims and Vouchers which have been audited and paid;

Certificates of Officials’ Bonds; and

Insurance Policies which have become obsolete.

Chapter 2 -Officers and Duties