This charter is declared to be a public act, and all courts
shall take judicial notice thereof.
Any ordinance may be proved by a copy thereof certified by the
city clerk under the seal of the city; or, when printed in book or
pamphlet form and purporting to be published by authority of the city,
shall be received in evidence in all courts, or other places, without
further proof of authenticity.
No action or proceeding, civil or criminal, pending at the time
this charter shall take effect, brought by or against the city or
any department, office, or officer thereof, shall be affected or abated
by the adoption of this charter or by anything herein contained.
All ordinances, regulations, and resolutions in force at the
time this charter takes effect, and not inconsistent with the provisions
thereof, shall remain and be in force until altered, modified, or
repealed by the board of aldermen. If any part of an ordinance, regulation,
or resolution is in conflict with this charter, other provisions which
are consistent with the charter shall not thereby be affected.
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. Public improvements for which legislative steps
have been taken under laws existing at the time this charter takes
effect may be carried to completion in accordance with the provisions
of such existing laws, as nearly as practicable. All taxes and assessments
levied or assessed, all fines and penalties imposed, and all other
obligations owing to the city which are uncollected at the time this
charter becomes effective shall continue in full force and effect
and shall be collected as if no change had been made.
No officer or employee of the city shall be financially interested
in any contract, or the profits thereof, concerning materials, work,
or services to be furnished or performed for the city. Any violation
of this section, with the knowledge expressed or implied of the persons
or corporation contracting with the city, shall render the contract
voidable by the city.
Any department, office, board, or commission exercising powers
and duties the same, or substantially the same, as those of a department,
office, board, or commission heretofore existing shall be deemed to
be a continuation of such department, office, board, or commission,
unless otherwise specified in this charter.
All records, property, and equipment of any department, office,
board, or commission, or part thereof, the powers and duties of which
are assigned to any other department, office, board, or commission
pursuant to this charter, shall be transferred and delivered to the
department, office, board, or commission to which such powers and
duties are assigned.
Before entering upon his duties every elected official and department
head shall take, subscribe, and file with the city clerk, an oath
or affirmation that he has all the qualifications, and is not subject
to any of the disqualifications, named in this charter for the office
or employment he is about to assume; and that he will support the
constitution and the laws of the United States and of this state,
and the charter and ordinances of the city.
No action shall be maintained against the city for or on account
of any injury growing out of alleged negligence of the city unless
notice shall first have been given in writing to the city manager.
Such notice shall be given within ninety days of the occurrence for
which said damage is claimed, and it shall state the place, time,
character, and circumstances of the injury, and that the person so
injured will claim damages therefor from the city.
The city shall not be required to give bond in any judicial
proceeding or appeal.
The city manager, city clerk, director of finance, all other
officers and employees receiving, disbursing or responsible for city
funds, and such other officers and employees as the board of aldermen
by ordinance may designate, shall, within such time after appointment
as may be fixed by ordinance, and before entering upon the discharge
of their duties, give bond to the city. Official bonds shall be in
such sums and with such sureties as shall be prescribed by ordinance,
shall be subject to approval by the board of aldermen, and shall be
conditioned upon the faithful and proper performance of duties, and
upon the prompt accounting for and paying over to the city of all
monies or property belonging to the city that may be received. If
any person appointed to any office or employment shall fail to give
bond as herein required, he shall forfeit his office or employment.
The city shall pay the premiums on all such bonds. Unless otherwise
provided by ordinance, the bond of the city clerk shall be filed with
the mayor, and the bonds of all other officers and employees shall
be filed with the city clerk.
The mayor, any other member of the board of aldermen, and the
city clerk may administer oaths or affirmations in any matter pertaining
to the affairs and government of the city.
All proceedings for the condemnation of property, or in the
exercise of the right of eminent domain, shall be in accordance with
the laws of the state now or hereafter applicable to cities of the
third class, or with such laws as may be provided for constitutional
charter cities.
If any provision of this charter be held to be unconstitutional
or void, the validity, force, or effect of any other provision shall
not thereby be affected.
Amendments to this charter may be framed and submitted to the
electors by a commission as provided for a complete charter. Amendments
may also be proposed by the board of aldermen, or by petition of not
less than ten percent of the registered qualified electors of the
city, filed with the city clerk, setting forth the proposed amendment.
The board of aldermen shall at once provide by ordinance that any
amendment so proposed shall be submitted to the electors at the next
election held in the city not less than sixty days after its passage,
or at a special election held as provided for a charter. Any amendment
approved by a majority of the qualified electors voting thereon shall
become a part of the charter at the time and under the conditions
fixed in the amendment; and sections or articles may be submitted
separately or in the alternative and determined as provided for a
complete charter.
