ARTICLE IV

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ARTICLE IV

DEPARTMENTS, OFFICES AND AGENCIES.

 

Section 4.01. General Provisions.

(a) Creation of Departments. The city council may establish city departments, offices or agencies in addition to those created by this charter and may prescribe the functions of all departments, offices and agencies, except that no function assigned by this charter to a particular department, office or agency may be discontinued or, unless this charter specifically so provides, assigned to any other.

(b) Direction by City Manager. All departments, offices and agencies, except those designated elsewhere in this charter, under the direction and supervision of the city manager shall be administered by an officer appointed by and subject to the direction and supervision of the manager. With the consent of council, the city manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them.

Section 4.02. Personnel System.

All appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence.

Section 4.03. Legal Officer.

The city council shall appoint and fix the compensation of a legal officer. The legal officer shall serve as chief legal adviser to the council, the manager and all city departments, offices and agencies, and shall perform any other duties prescribed by state law, by this charter or by ordinance.

Section 4.04 Clerk: Functions and Duties

The following are the duties of the clerk:

(a) The clerk shall be the clerk of the council as per section 2.08 and shall attend all meetings of the council and shall keep a permanent journal of its proceedings;

(b) Shall be custodian of the city seal, and shall affix it to all documents and instruments requiring the seal, and shall attest the same;

(c) Shall be custodian of all papers, documents and records pertaining to the city the custody of which is not otherwise provided;

(d) Shall certify by signature all ordinances and resolutions enacted or passed by the council;

(e) Shall provide and maintain a supply of forms for all petitions required to be filed for any purpose by the provisions of this charter;

(f) Shall have power to administer oaths of office;

(g) Shall perform such other duties as may be prescribed by this charter, by the City Manager, or by resolution or ordinance of the council.

Section 4.05 Treasurer: Functions and Duties

The Council shall appoint and fix the compensation of a treasurer.

The following are the duties of the treasurer:

(a) The treasurer shall have the custody of all monies of the city and bond pertaining solely to the clerk and all evidences of indebtedness belonging to the city or held in trust by the city;

(b) Shall collect all monies of the city which are not provided for elsewhere by charter or ordinance. These shall include monies from other officers and employees of the city belonging to and receivable by the city that may be collected by such officers and employees, including fines, license fees, taxes, assessments and all other charges. All money shall be turned over to the treasurer upon collection or receipt;

(c) Shall keep and deposit all monies or funds in such manner and only in such places as the council may determine;

(d) Shall disburse all city funds in accordance with the provisions of statute, this charter and procedures to be established by the council.

(e) Shall have such powers, duties and prerogatives in regard to the collection and custody of state, county, school district, city and other taxes as are conferred by statute;

(f) Shall keep a record of the city's accounts in accordance with the Uniform System of Accounting as prescribed by statute;

(g) Shall perform such other duties as may be prescribed by this charter, by the City Manager or by resolution or ordinance of the council.

Section 4.06 Assessor: Functions and Duties

The council shall appoint and fix the compensation of an assessor upon recommendation of the city manager. The assessor shall possess all the powers vested in, and shall be charged with all the duties imposed upon assessing officers by statute. He shall prepare all regular and special assessment rolls in the manner prescribed by this charter in §6.05, by ordinance and by statute. He shall perform such other duties as may be prescribed for him in this charter, by the City Manager or by resolution or ordinance of the council.

Section 4.07 Board of Review

The Board of Review shall be composed of the following:

(a) Three property owners, who are qualified registered electors of the city and who shall be appointed by the council for an indefinite term, and shall serve until successors are duly appointed and qualified.

(b) The assessor, who shall act as clerk of the board.

The property owners, during their term of office shall not be a city officer or employee, or be candidate for elective office. The filing, while a member of the Board of Review, of a petition for an elective city office, or filing of consent thereto, shall constitute a resignation from the Board of Review.

The Board of Review shall annually in February select its own chairman for the ensuing year. The assessor shall be entitled to be heard at its sessions but shall have no vote. The City Attorney, shall upon request act in an advisory capacity only. The compensation of each member of said Board shall be a per diem rate fixed by the council.

The duties and functions of the Board of Review are as follows: 

(a) To revise and correct assessments, the Board of Review shall have the same powers and perform like duties in all respects as are conferred by statute, except as otherwise provided in this charter;

(b) It shall hear the complaints of all persons considering themselves aggrieved by assessments, and if it shall appear that any property has been wrongfully assessed or omitted from the roll, the board shall correct the roll in such manner as it deems just;

(c) In all cases the board shall review the roll according to the facts existing on the tax day. Except as otherwise provided by statute, no person other than the Board of Review shall make or authorize any changes upon, or additions or corrections to, the assessment roll. It shall be the duty of the assessor to keep a permanent record of all proceedings and to enter therein all resolutions and decisions of the board.

Section 4.08 Planning

Consistent with all applicable federal and state laws with respect to land use, development and environmental protection, the city council shall: 

(1) Designate an agency or agencies to carry out the planning function and such decision-making responsibilities as may be specified by ordinance;

(2) Adopt a comprehensive plan and determine to what extent zoning and other land use control ordinances must be consistent with the plan; and

(3) Adopt development regulations, to be specified by ordinance, to implement the plan.