Article XII: General Provisions


Section XII-1: Effective date of charter

The provisions of this Charter shall become effective January 1, 1963. The Mayor and Council elected at the November 7, 1961 Municipal election, or their successors, shall perform all the duties and functions of the Mayor and Council under this Charter, and their terms shall be as provided for herein.
(Amended 11-3-81)

Section XII-2: Effective date of amendments

All amendments to this Charter shall become effective on January 1 of the year following the election at which such amendments are adopted pursuant to law, unless the amendments themselves call for a different effective date, in which event the specific effective date called for shall be binding.
(Added 11-3-81)

Section XII-3: Continuance of present employees

Every employee of the Municipal government on December 31, 1962, shall continue in such employment and thereafter shall be subject in all respects to the provisions of this Charter.

Section XII-4: Effect of charter on existing laws and rights

The adoption of this Charter shall not affect any pre-existing rights of the Municipality, nor any right or liability or pending suit or prosecution, either on behalf of or against the Municipality or any officer thereof, nor any franchise granted by the Municipality, nor pending proceedings for the authorization of public improvements or the levy of assessments therefor. Except as a contrary intent appears herein, all acts of the Council of the Municipality shall continue in effect until lawfully amended or repealed.

Section XII-5: Salaries, compensation and bonds

The Council shall have the power to fix the salaries of its members and of all other officers and employees of the Municipality, whether elected or appointed, and to establish such bonds as in the opinion of the Council are necessary for the faithful discharge of their duties. The premium of any bond required by the Council shall be paid by the Municipality. The salary of an elected officer shall not be increased during such officer’s term of office, nor decreased during such term except with the consent of the officer involved. If the office is elective, the salary shall be fixed at least thirty days prior to the last date for filing of nominating petitions. The Council may authorize the payment to any officer or employee for travel for any Municipal purpose.

Section XII-6: Conflict of interest

No member of Council or any officer or employee of the Municipality shall have any financial interest, direct or indirect, in any contract with or sale to the Municipality of any materials, supplies or services, or any land or interest in land. Any such person violating the provisions hereof shall forfeit his office and any such contract will be voidable at the option of Council.

Section XII-7: Effect of partial invalidity

A determination that any part of this Charter is invalid shall not invalidate or impair the force or effect of any other part thereof, except to the extent that such other part is wholly dependent for its operation upon the part declared invalid.

Section XII-8: Interpretation

The article and section headings herein have been inserted for convenience in reference and are not intended to define or limit the scope of, or otherwise affect, any provision of this Charter.

Whenever the Charter requires the affirmative vote of a stated fraction of the Council, the multiplicand shall be seven reduced by the number of vacancies then existing in the Council.

The period of residence in the Municipality required by this Charter as a qualification for elective office shall include the period of residence in any territory which has been annexed to the Municipality.