Chapter 1- Government Organization
Chapter 1 - Government Organization
ARTICLE 1 - Jurisdiction
1.0101 Over Persons and Property
The jurisdiction of the City of Lakota, North Dakota, extends to all persons, places and property within its boundaries, and such extra-territorial jurisdiction as is granted to it under the provisions of the North Dakota Century Code (NDCC) and amendments thereto.
1.0102 Defining City Limits
There shall be included within the municipal limits of the City of Lakota, North Dakota, all areas duly platted and recorded as being within said City; all lots and blocks shall also include all streets, alleys and public ways included within the area and adjacent thereto which are defined as within the confines of the city limits. The City Council shall have jurisdiction within the corporate city limits and over any common or public grounds belonging to the City, and in and over all places within one-half mile of the municipal limits for the purpose of enforcing health and quarantine ordinances and police regulations and ordinances adopted to promote the peace, order, safety and general welfare of the municipality.
1.0103 Election Wards
The City of Lakota shall contain one election ward, and City Council Members shall be elected at large.
ARTICLE 2 - Governing Board - City Council
1.0201 Regular Meetings
The Lakota City Council shall meet regularly at the City Hall on the first Monday of each month at the hour of 6:00 p.m. unless some other time and place shall be specifically fixed by the Council. The Council shall meet in addition thereto, as often as required by the NDCC.
1.0202 Special Meetings
Special meetings may be called at any time by the Mayor, or any two (2) members of the governing body to consider matters mentioned in the call of such meetings. Notice of any special meeting shall be given to each member of the governing body at least three hours before the time of the meeting.
1.0203 Meetings to be Public - Journal Kept
All meetings of the governing body shall be open to the public, and a journal of its proceedings shall be kept. Notice of the regular meeting time or of special meeting shall be given as provided by the NDCC and amendments thereto.
1.0204 Quorum
A majority of the members of the governing body of a municipality shall constitute a quorum to do business but a smaller number may adjourn from time to time. The governing body may compel the attendance of absentees under such penalties as may be prescribed by ordinance, and may employ the police of the municipality for that purpose.
1.0205 Reconsidering or Rescinding Votes at Special Meeting
No vote of the governing body of a municipality shall be reconsidered or rescinded at a special meeting unless there is present at such special meeting as large a number of members as were present when such vote was taken.
1.0206 Rules and Order of Business
Rules and order of business for the parliamentary government of the governing body shall be governed by Robert's Rules of Order.
1.0207 Salaries
The salary of the Mayor of the governing body of the City of Lakota shall be the sum of $125 per meeting attended with a maximum salary of $250 per month. The salary of the Council Members shall be the sum of $75 per meeting attended with a maximum salary of $150 per month.
ARTICLE 3 - Elective Officers
1.0301 City Council - Who Constitutes
The governing body of the City of Lakota shall be the City Council which shall be composed of the Mayor of the City of Lakota and six Council Members. The Mayor and six Council Members shall be elected as provided by law.
1.0302 Term of Office of Council Members
Council Members shall hold office for four years and until their successors are elected and qualified. Terms of Council Members shall be arranged so that only one-half of the Council Members shall be elected in any one election.
1.0303 Term of Office of Mayor
The chief executive officer of the city is the Mayor. He shall hold his office for four years and until his successor is elected and qualified.
1.0304 Election of City Council President and Vice President
The provisions of the NDCC and all subsequent amendments shall be and are hereby incorporated by reference in this ordinance. At the organizational meeting in each even numbered year, the members of the City Council shall proceed to elect from their number a President and a Vice President who shall hold their respective offices until their successors are elected at the organizational meeting following the next biennial election.
1.0305 Vacancies on City Council or Office of Mayor
If a vacancy occurs in the office of City Council or Mayor, such vacancy shall be filled according to NDCC.
1.0306 Absence or Disability of Mayor
During the absence of the Mayor from the City or during his temporary disability, the President of the City Council shall be the acting Mayor and shall possess all of the powers of the Mayor. In the absence or disability of the Mayor and the President of the City Council, the Vice President of the City Council shall be the acting Mayor.
1.0307 Mayor to Preside at Council Meetings - Voting Power of Mayor
The Mayor shall preside at all meetings of the City Council, but shall not vote except in case of a tie, when he shall cast the deciding vote.
1.0308 Mayor May Remove Appointive Officers - Reasons to be Given
The Mayor may remove any officer appointed by him whenever he is of the opinion that the interests of the City demands such removal, but he shall report the reasons for such removal to the Council at its next regular meeting.
1.0309 Mayor May Suppress Disorder and Keep Peace
The Mayor may exercise within the city limits the powers conferred upon a sheriff to suppress disorder and keep the peace.
1.0310 Mayor to Perform Duties Prescribed by Law
The Mayor shall perform all duties prescribed by law or by the City Ordinances, and shall see that the laws and ordinances are faithfully executed.
1.0311 Inspection of Books, Records and Papers of City by Mayor
The Mayor, at any time, may examine and inspect the books, records, and papers of any agent, employee, or officer of the City.
1.0312 Ordinance or Resolution Signed or Vetoed by Mayor
The Mayor shall sign or veto each ordinance or resolution passed by the Council as provided in the NDCC.
1.0313 Message to Council
The Mayor annually and from time to time shall give the Council information relative to the affairs of the City and shall recommend for consideration such measures that he may deem expedient.
1.0314 Mayor May Call on Male Inhabitants to Aid in Enforcement
When necessary, the Mayor may call on each male inhabitant of the City over the age of eighteen years to aid in the enforcing of the laws and ordinances of the City.
1.0315 Police Chief and Policemen Appointed by Mayor
The Mayor may appoint any number of Policemen which he and the City Council may deem necessary to preserve the peace of the City, and he shall appoint one of the number as Chief of Police. Such appointment shall be subject to approval of the Council.
1.0316 Mayor May Administer Oaths
The Mayor of the City may adminster oaths and affirmations.
ARTICLE 4 - Municipal Judge
1.0401 Municipal Judge
Pursuant to Section 40-18-06.2, NDCC, and with the written agreement of the Board of Commissioners of Nelson County, North Dakota, and the presiding judge of the Northeast Central Judicial District of North Dakota, and the North Dakota Court Administrator, the City of Lakota hereby transfers all municipal court cases to the Nelson County District Court and hereby resolves to abolish the office of Lakota Municipal Judge.
ARTICLE 5 - Appointive Offices
1.0501 Appointive Offices
At the organizational meeting after the qualifications of its members, the Mayor, with the approval of the City Council, shall appoint the following officers: City Auditor, City Attorney, City Assessor and Superintendent of Utilities and Streets.
1.0502 Term of Officers
The term of all appointive officers shall begin at the organizational meeting and shall continue for a term of two years and until their successors have been appointed and qualified.
1.0503 Bonds of City Officers and Employees
The following officers and employees of the City of Lakota shall be bonded as follows: Mayor, City Auditor, and City Assessor. Said officers or employees shall be bonded in accordance with the provisions of the NDCC.
1.0504 Salaries
Salary of City Officials and Appointive Officers, except as otherwise provided by law, shall be in such sums and amounts as may be, by resolution of the governing body, fixed from time to time.
1.0505 Administrative Policy and Procedures
Each officer shall:
1. Perform all duties required of his office by law or ordinance and such other duties not in conflict as may be required by the governing body.
2. Be immediately responsible to the governing body for the effective administration of their departments and all activities assigned thereto.
3. Keep informed as to the latest practices in their particular field and shall inaugurate with approval of the governing body such new practices as appear to be of benefit to the service and to the public.
4. Submit such reports of activities of his department as the governing body may request.
5. Be responsible for the proper maintenance of all City property and equipment used in his department.
6. Establish and maintain records in sufficient detail to furnish all information needed for proper control of department activities and to form a basis for reports to the governing board.
7. Cooperate with other officers, departments and employees.
8. Have power to direct and supervise all subordinates under him.
1.0506 Meals and Lodging Payments
Reimbursement for preapproved meals and lodging incurred by any elective or appointive officer or employee shall be in accordance with North Dakota state guidelines.
1.0507 Personal Interest in Contract by Public Officer Prohibited
No contract for the furnishing of supplies to the City, or buying of property from the City shall be entered into by any officer of the municipality, provided, however, that such contracts may be entered into with an officer of the City, if such contract is unanimously approved by other members of the governing body of the City by a finding unanimously adopted by such other members, and entered in the official minutes of the governing body, to be necessary for the reason that the services or property are not otherwise available at equal cost.
1.0508 Retiring Officer to Turn Over Books
Any person having been an officer of the City shall, within five 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 guilty of an offense and may be punished by a fine of not to exceed $500.00 and imprisonment of not to exceed 30 days.
1.0509 Obstructing a Public Official Prohibited
Every person who willfully delays or obstructs a public officer in the discharge or attempt to discharge any duty of his office shall be guilty of an infraction. Upon conviction, for a violation of this section, such person shall be fined not more than $500.00.
ARTICLE 6 - Procedure for the Conveyance, Sale, Lease, or Disposal of Personal and Real Property and Purchase of Supplies and Contractual Services
1.0601 Conveyance, Sale, Lease or Disposal of Personal Property
Whenever any personal property is no longer required for public purpose it may be offered for sale by the City Auditor, who may exercise his discretion as to whether or not the City shall advertise for bids on said property, or whether it should be sold at public auction. Except when offered for sale at public auction, items with a value in excess of $100.00 shall be sold only after approval of the appropriate standing committee.
This provison shall not apply, however, to property to be traded in as part of the purchase price of a new purchase. For purpose of convenience and expediting of the performance and satisfactory completion of city construction contracts, appropriate city departments may re-sell to contractors for installation on city contract projects only, onhand items including but not limited to water hydrants and meters. When specific statutory provisions contained in the NDCC provide for a procedure which is in conflict with this section governing the conveyance, sale, lease or disposal of personal property; this section shall not apply in so far as it is in conflict with such state law. Said statutory procedures are as follows:
a. Sale of abandoned or unclaimed personal property shall be as provided in NDCC and amended by local ordinance.
b. Sale of unclaimed motor vehicles shall be as provided in NDCC and as amended by local ordinance.
1.0602 Conveyance, Sale, Lease, or Disposal of Real Property
Real property belonging to the municipality shall be conveyed, sold, leased, or disposed of only as approved by a two-thirds vote of all members of the governing body. Instruments effecting such conveyance, sale, lease, or disposal shall be valid only when duly executed by the Mayor and attested by the City Auditor. It shall be at the discretion of the governing body as to whether or not there shall be advertisement for bids for such conveyance, sale, lease or disposal; whether or not property is available for such disposition; and whether or not sale shall be made at public auction; such decision by the governing body to be made by majority vote of the members present. Bids for the purchase or lease of real property belonging to the municipality, whether or not advertisement therefore has been made, shall be directed to the governing body and submitted the the City Auditor, who shall present any and all such bids to the governing body at its next regularly scheduled meeting. When specific statutory provisions contained for a procedure which is in conflict with this section governing the conveyance, sale, lease, or disposal of real property; this section shall not apply insofar as it is in conflict with such state law. Said statutory procedures are as follows:
a. Lease of airports or landing fields, or portions thereof shall be under authority granted in NDCC. Said lease shall further be in compliance with regulations and directive of appropriate federal agencies.
b. Conveyance of right of way for any state highway shall be as provided in NDCC and as amended by local ordinance.
c. Leasing of oil and gas lands shall be as provided in NDCC and as amended by local ordinance and as amended by local ordinance.
d. Conveyance of property to a municipal parking authority shall be as provided in NDCC.
e. Lease of public buildings or portions thereof shall be as provided in NDCC and as amended by local ordinance.
f. Granting of concessions for cafes, restaurants, and confectioneries on public buildings and grounds shall be as provided in NDCC and as amended by local ordinance.
g. Granting of right of way for a railway, telephone line, electric light system, or a gas or oil pipeline system shall be as provided in NDCC and as amended by local ordinance.
h. Granting of Cable TV shall be as provided in NDCC and as amended by local ordinance.
1.0603 Competitive Bidding Required
All purchases of, and contracts for supplies and contractual services, and all sales of property which has become obsolete or unusable shall, except as otherwise provided herein, be based whenever possible on competitive bids.
1.0604 Procedure
All supplies and contractual services except as otherwise provided herein, when the estimated cost thereof shall exceed $2,500.00 shall be purchased from the lowest responsible bidder after due notice inviting proposals. All sales or disposition of obsolete or unusable property when the estimated value shall exceed $2,500.00 shall be sold to the highest responsible bidder. The lowest responsible bidder, or the highest responsible bidder shall be the bidder who in addition to price has the best ability, capacity and skill to perform the contract or provide the service required, promptly or within the specified time without delay or interference. There shall also be considered character, integrity, reputation, judgment, experience, and efficiency of the bidder, the quality of performance of previous contracts, sufficiency or financial resources, and previous and existing compliance with state laws and city ordinances.
1.0605 Open Market Purchases
All contacts for public improvements as defined in Chapter 48-01.1, NDCC, estimated to cost in excess of $100,000 shall be bid as provided in Chapter 48-01.0,NDCC. Contracual services and all sales of property which has become obsolete or unusable of an estimated value of less that $2,500 or all supplies and services of a non-competitive type or kind, or purchases and sales between governmental bodies, or when in the opinion of the City Council an apparent emergency requires immediate purchase of supplies or contractual services, shall be made or obtained in the open market without competitive bidding.