All powers vested in cities of exceeding one thousand population
by the provisions of title 22 [now title 28] or other provisions of
the revised statutes are hereby retained and are cumulative of the
powers vested by this Charter in the city, and the enumeration of
the powers made in this Charter shall never be construed to preclude
by implication or otherwise, the city from exercising all the powers
incident to the enjoyment of local self government and from doing
any and all things not inhibited by the constitution and laws of the
state.
All ordinances and resolutions in force at the time of the taking
effect of this Charter, not inconsistent with its provisions, shall
continue in force until amended or repealed.
This Charter, after its adoption, may be amended in accordance
with the provisions of state law.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 21), adopted 2/8/10)
Should any provision or portion of this Charter be declared
unconstitutional by the courts of this state, the remainder thereof
shall be unimpaired by such holding and shall be in full force and
effect until amended or repealed, as herein provided.
This charter shall be submitted to the qualified voters of the
city for adoption or rejection, on the first Friday in March, A. D.
1916, same being the third day of said month, at which election if
a majority of the qualified voters voting in such election shall vote
in favor of the adoption of this Charter then it shall become the
charter of the city, until amended or repealed. It being impracticable
to submit this charter by sections, it is hereby prescribed that the
form of ballot for use in such election shall be as follows, to-wit:
FOR THE ADOPTION OF THE CHARTER; AGAINST THE ADOPTION OF THE CHARTER.
The present city council of the city shall call such election
and the same shall be conducted and returns made, and results declared
as provided by the laws of the state governing municipal elections
and in case a majority of the votes cast at such election shall be
in favor of the adoption of such Charter, then an official order shall
be entered upon the records of said city, by the city council [commission]
declaring the same adopted and the city secretary shall record, at
length, upon the records of the city, in a separate book to be kept
in his office for such purpose, such Charter so adopted, and such
secretary shall furnish to the mayor a copy of such Charter, so adopted,
authenticated by his signature and the seal of the city, which copy
of the Charter shall be forwarded by the mayor of the city to the
secretary of the state, and shall show the approval of such charter
by a majority vote of the qualified voters of the city.
If such Charter shall be adopted, then it shall be the duty
of the city council, within two days after such election for the adoption
of the charter shall have been held to call an election for the election
of a mayor and four other commissioners, which election shall be ordered
for the first Tuesday in April, A. D. 1916, and if such election shall
not result in the choice of a mayor and four other commissioners,
each by majority vote of the city at large, as provided in this charter,
then the present city council shall call a special election as provided
for in this charter, for the election of such officers failing to
receive a majority vote, which election or elections shall be held
under the direction of the city council, according to the laws of
the state, regulating municipal elections.
At the first regular meeting date following the official canvass
of the election, after the election of all commissioners, to be elected
at any election or elections they shall each take the oath of office
and qualify as such mayor and commissioner, and shall hold their respective
offices until their successors are elected and qualified, unless sooner
removed under the provisions of this Charter.
(Ordinance 1538, sec. 1 (exh. A,
chtr, amd. 22), adopted 2/8/10)
Upon their qualification, the mayor and other commissioners
shall be and constitute the governing body and authority of the city,
and shall thereafter administer its affairs agreeable to the provisions
of this Charter.