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City Council Ordinance 1975-4 (2)• ORDINANCE AMENDMENT The City Council of Monticello hereby ordains Section 2-3-2 pertaining to the Industrial Development Commission shall be amended as follows: 2-3-2: COMPOSITION: The Industrial Development, Commission shall consist of five (5) persons appointed by the Mayor with the approval of the Council. Members of the Commission shall be appointed for' one (1) year terms. Vacancies during the term shall be filled by the Mayor with the consent of the Council for the unexpired portion of the term. Passed by the City Council this 30th day of December, 1975• C. 0. Johnson, Mayor W~ Attest: Gar Wieber, City Administrator ~~ sNn.-~~ r ~' -/S- 1 S ~ S/ ~~ aJ,~, :~'~ # ~ QrYVi..e~ ~,t-ur.~r ! . s 2- 3- I CHAPTER 3 INDUSTRIAL DEVELOPMENT COMMISSION • SECTION: 2-3-I: ESTABLISHMENT 2-3-2: COMPOSITION 2_3 OA"iH; COMPENSATION 2-3-~: MEETINGS; OFFICERS 2-~-~' DUTIES 2-3-~: POWERS ~-3-7~ I~UALIFICATIONS ~c-2- PURPOSE 2-3-I: ESTABLISHMENT: AN INDUSTRIAL DEVELOPMENT COMMISSION IS HEREBY ESTABLISHED FOR THE CITY• 2-j-?: COMPUSITION: THE INDUSTRIAL DEVELOPMENT COMMISSION SHALL CONSIST OF FIVE t5) PERSONS APPOINTED BY THE MAYOR WITH THE APPROVAL OF THE COUNCIL. , MEMBERS OF THE COMMISSION SHALL 8E APPOINTED FOR ONE (I) YEAR TERMS. VACANCIES DURING THE TERM SHALL BE FILLED BY THE MAYOR WITH THE CONSENT OF THE COUNCIL FOR THE UNEXPIRED PORTION OF THE TERM. (Ic"~-30-75 #4) 2-3-E> 2-'j-3: OATIi; COMPENSATION: EVERY APPOINTED MEMBER SHALL BEFORE ENTERING UPON 7tiE DISCHARGE OF H15 DUTIES TAKE AN OATH THAT HE WILL FAITHFULLY DISCHARGE THE DUTIES OF HIS OFFICE. ALL MEMBERS DHALL SERVE WITHOUT COMPENSATION. 2-3-1+: MEETINGS; OFFICERS: IHE COUNCIL WILL NAME ONE CHAIRMAN OF SAID COMMISSION AND ONE VICE CHAIRMAN TO SERVE A7 I75 PLEASURE. MEETING DATES WILL BE AFFIXED BY MUTUAL AGREEMENT ANO SPECIAL MEETINGS WILL BE CALLED AS NEEDED 8Y THE CHAIRMAN. L-3-~: DU71 E:.i: THE COMMISSION IS AN AGENCY OF THE COUNCIL W17H ttESPONSIBILITY TO PROVIDE INFORMAt10N TO AND COOPERATE WITH INDUSTRIES A"JD CIVIC AGENCIES INTERESTED IN NEW OR EXPANDF_0 PLANT LOCATION TO CONSULT AND COOPERATE WITH OTHER DEPARTMENTS AND PRESENT RECOMMENDATIONS TO THE COUNCIL FOR APPROPRIATE ACTION; AND ACTIVELY PROMOTE THE INCREASED USE Of' ALL Oi' THE CITYIS INDUSTRIAL AREAS IN THE FULFILLMENT OF SAME• z-3-6s POWERS: THE COMMISSION SHALL HAVE NO POWER TO MAKE CONTRACTS LEVY TAXES, BORROW MONEY OR CONDEMN PROPERTY BUT SHALL HAVE THE FULL POWER AND RESPONS181L1TY TO INVESTIGATE THE NECESSITY AND RECOMMEND7HE TAKING OF THESE AND ANY OTHER ACTIONS RE- LATED 70 INDUSTRIAL AND COMMERCIAL DEVELOPMENT. BY THE COUNCIL AND AlL OTHER OFFICERS OF THE CITY RESPONSI6LE~ TO FORMULATE THE TERMS OF AND THE PROCEDJRE FOR TAKiN~. SUCH ACTION. • • • 2-2-23 2-2-?7 • 2-2-23: CIVIL DEFENSE FUND: THERE IS HEREBY ESTABLISHED IN THE TREASURY A SPECIAL FUND TO BE KNOWN A5 THE CIVIL DEFENSE FUND. INTO TH15 FUND SHALL BE PLACED THE PROCEFCOS !?F TAXES LEVIED FOR CIVIL DEFENSE, MONEY TRANSFERRED FROM OTHER FUNDS, GIFTS, AND OTHER REVENUES OF THE CIVIL DEFENSE DEPARTMENT. FROM 17 SHALL BE MADE EXPENDI- TURES FOR THE OPERATION, AND MAINTENANCE OF THE CIVIL DEFENSE DEPARTMENT AND OTHER EXPENDITURES FOR CIViL DEFENSE. REGULAR ACCOUNTING, DISBURSE- MENTS, PURCHASING, BUDGETING AND OTHER FINANCIAL PROCEDURES SHALL NOT APPLY TO THE EXPENDITURES FROM THE FUND IN ANY CASE WHEN THEIR APPLICA- TION WILL PREVENT COMPLIANCE WITH TERMS AND CONDITIONS OF A FEDERAL OR STATE GRANT OF MONEY OR PROPERTY FOR CIVIL DEFENSE PURPOSES. 2-2-24: CONFORMITY AND COOPERATION WITH FEDERAL AND STATE AUTHORITY: EVERY OFFICER AND AGENCY OF THE CITY SHALL COOPERATE WI1H FEDERAL AND STATE AUTHORITIES AND WIiH AUTFIORIZED AGENCIES ENGAGED IN CIVIL DEFENSE AND EMERGENCY MEAoi,:"S TO THE FULLEST POSSIBLE EXTENT CONSISTENT WITH THE PERFORMANCE OF THEIR OTHER DUTIES. THE PROVISIONS OF THE CHAPTER AND OF ALl REGULATIONS MADE THEREUNDER SHALL BE SUBJECT TO ALL APPLICABLE AND CONTROLLING PROVISIONS OF FEDERAL AND STATE LAWS AND OF REGULATIONS AND ORDERS ISSUED THEREUNDER AND SHALL BF. DEEMED TO BE SUSPENDED AND INOPERATIVE SO FAR AS THERE IS ANY CONFLICT THEREWITH. 1Hr MAYOR MAY APPOINT ANY OUALIFIED PERSON HOLDING A POSITION IN ANY AGENCY UNDEF< FEDERAL OR STATE AUTHORITY FOR CIVIL DEFENSE PURPOSES A5 A SPECIAL POLICEMAN OF THE CITY WITH SUCH POLICE POWERS ANO DUTIES. THE PROVISIONS OF THIS CHAPTER AND OF ALl REGULATIONS MADE THEREUNDER SMALL BF. SUBJECT TO ALL APPLICABLE AND CONTRO~IING PROVISIONS OF FEDERAL AND ~l'ATE LAWS AND OF REGULATIONS AND 6RDER5 ISSUED THEREUNDER ANC 5HALl BE DEEMED i0 FsE SUSPENDED AND INOPERATIVE SO FAR AS THERE IS ANY CONFLICT THEREWITH. THE MAYOR MAY APPOINT ANY QUALIFIED PERSON HOLDING A POSITION IN ANY AGENCY UNDER FEDERAL OR STATE AUTHORITY FOR CIVIL DEFENSE PURPOSES AS A SPECIAL POLICEMAN OF THE CITY WITN SUCH POLICE POWERS AND DUTIES • WITHIN THE CITY INCIDENT TO THE FUhJC710NS OF HIS POSITION, NOT EXCEEDING THOSE OF A REGULAR POLICEMAN OF THE CITY AS MAY 8E PRESCRIBED IN THE APPOINTMENT. EVERY SUCH SPECIAL POLICEMAN SHALL DE SUBJECT TO THE SUPERVISION AND CONTROL OF THE CHIEF OF POLICE ANO SUCH OTHER POLICE OFFICERS OF THE C17Y AS THE CHIEF MAY pESIGNATE. 2-?_-2`~: CIVIL DEFENSE A GOVERNMENTAL FUNCTION: ALL FUNCTIONS HEREUNDER AND ALL OTHER ACTIVITIES RELATING TO CIVIL DEFENSE ARE HEREBY DECLARED TO BE GOVERNMENTAL FUNCTIONS. THE CITY AND EXCEPT IN CASES OF WILFUL MISCONDUCT, 17S OFFICERS, AGENTS, EMPLOYEES, OR REPRESEN- TATIVES ENGAGED IN ANY CIVIL DEFENSE ACTIVITIES, WHILE COMPLYING WITH OR A77EMPiING TO COMPLY WITH THE MINNESOTA CIVIL DEFENSE AC7 OF 1951 OR WITH THIS CHAPTER OR ANY RULE, REGULATIONS OR ORDERS TO BE MADE THEREUNDER SHALL NOT 8E LIABLE FOR THE DEATH OF OR ANY INJURY TO PERSONS OR DAMAGE TO PROPERTY AS A RESULT OF 51!CH ACTIVITY. THE PROVISIONS OF TH15 SECTION SHALL NOT AFFECT THE RIGHT OF ANY PERSON TO RECEIVE BENEFITS TO WHICH HE WILL OTHERWISE 3E ErJTITLED UNDER THIS CHAPTER OR UNDER THE WORKMENIS COMP- ENSATION LAW OR UNDER ANY PENSION LAW, NOR THE RIGHT OF ANY SUCH PERSON TO RECEIVE ANY BENEFITS OR COMPENSATION UNDER ANY AC7 OF CONGRESS. i-?_-26: PROHIBITED ILLUMINATION: ANY ILLUMINATION WITHIN THE CITY CONTRARY 70 THE PROV1510hJ5 OF THIS OR ANY OTHER PRO- VISION PERTAINING TO CIVIL DEFENSE OR OF ANY REGUlA710N ADOPTED THERE- UNDER OF IF ANY FEDF_RAL OR STATE LAWS REGULATION, OR ORDER SHALL BE DEEMED A PUBLIC NUISANCE. ANY REGULAR OR AUXILIAF.Y POLICEMAN, OR AIR RAID WARpEN, MAY ABATE SUCH NUISANCE SUMMARII'! OR MAY TAKE ANY OTHER ACTION NECESSARY TO ENFORCE SUCH PROVISIONS INCLUDING ENTRY ON PRIVATE PROPERTY ANC) THE USE OF WHATEVER REASONABLE F"ORCE I5 NECESSARY. 2-2-27: PARTICIPATION OF DEPARTMENT: THE CIVIL DEFENSE DEPARTMENT SHALL N07 PARTICIPATE IN ANY FORM OF ^OLITICAL ACTIVITY, NOR SHALL IT F7E EMPLOYED DIRECTLY OR INDIRECTLY FOR POLITICAL PURPOSES, • NOR SHALL IT flE EMPLOYEC iN A LEGITIMATE LABOR DISPUTE. .