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No payment shall be made or obligation incurred against any allotment or appropriation except in accordance with appropriations duly made and unless the mayor or the mayor’s designee first certifies that there is a sufficient unencumbered balance in such allotment or appropriation and that sufficient funds therefrom are or will be available to cover the claim or meet the obligation when it becomes due and payable. Any authorization of payment or incurring of obligation in violation of the provisions of this charter shall be void and any payments made illegal. A violation of this provision shall be cause for removal of any officer who knowingly authorized or made such payment or incurred such obligation. Such officer may also be liable to the city for any amount so paid. Except where prohibited by law, however, nothing in this charter shall be construed to prevent the making or authorizing of payments or making of contracts for capital improvements to be financed wholly or partly by the issuance of bonds or to prevent the making of any contract or lease providing for payments beyond the end of the fiscal year, but only if such action is made or approved by ordinance.
(a) Submission to city council. The mayor shall prepare and submit to the city council a five-year capital program no later than July 1 of each year for consideration.
(b) Contents. The capital program shall include:
(1) A clear general summary of its contents;
(2) Identification of the five-year goals of the city;
(3) A list of all capital improvements and other capital expenditures which are proposed to be undertaken during the five fiscal years next ensuing, with appropriate supporting information as to the necessity for each;
(4) Cost estimates and recommended time schedules for each improvement or other capital expenditure;
(5) Method of financing, upon which each capital expenditure is to be reliant;
(6) The estimated annual cost of operating and maintaining the facilities to be constructed or acquired;
(7) A commentary on how the plan addresses the financial sustainability of the city and the region of which it is a part; and
(8) Methods to measure outcomes and performance of the capital plan related to the long-term goals of the city.
The above shall be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.
(Ref. of 5-7-96; 4-8-08, § F)
(a) Notice and hearing. The city council shall publish in one (1) or more newspapers of general circulation in the city the general summary of the capital program and a notice stating:
(1) The times and places where copies of the capital program are available for inspection by the public, and
(2) The time and place, not less than two weeks after such publication, for a public hearing on the capital program.
(b) Adoption. The city council, by resolution, shall adopt the capital program with or without amendment after public hearing and on or before the 30th day of September of the current fiscal year.
(Ref. of 5-7-96; 4-8-08, § G)
ARTICLE VI. ELECTIONS
(a) Regular elections. The regular city election shall be held in even numbered years. Conduct of the election shall be in accordance with provisions of state law. The date of the city election shall be set by ordinance as the second Tuesday in April. The city may combine its election with that of the Sioux Falls School Board.
(b) Registered voter defined. All citizens legally registered under the constitution and laws of the State of South Dakota to vote in the city shall be registered voters of the city within the meaning of this charter.
(c) Conduct of elections. All elections provided for by the charter shall be conducted by the election authorities established by law. Candidates shall run for office without party designation and shall declare whether seeking an at-large or district seat. Candidates for district seats must reside within the district. No person shall be eligible for elective municipal office unless a nominating petition is first filed. Nominating petitions shall conform in all respects to the provisions of South Dakota state law, except that the deadline for filing shall be no later than 5:00 p.m. on the last Friday in February. The mayoral and at-large council candidate nominating petitions shall be signed by not less than 200 registered voters of the city. The council district nominating petitions shall be signed by not less than 50 registered voters of the city. Council district nominating petitions shall be signed by registered voters who shall reside in the council district thereof, and who shall be eligible to vote for the nominee. For the conduct of city elections, for the prevention of fraud in such elections, and for the recount of ballots in cases of doubt or fraud, the city council shall adopt ordinances consistent with law and this charter, and the election authorities may adopt further regulations consistent with law and this charter and the ordinances of the council. Such ordinances and regulations pertaining to elections shall be publicized in the manner of city ordinances generally.
(Ref. of 5-7-96; 4-8-08, § I; 4-13-10, § C)
(a) Number of districts. There shall be five (5) city council districts.
(b) Districting commission; composition; appointment; terms; vacancies; compensation.
(1) There shall be a districting commission consisting of five (5) members. No more than three (3) commission members may belong to the same political party. The city council shall appoint five (5) members, one member from each of the city’s five (5) districts. These five (5) members shall, with the affirmative vote of at least three (3) members, choose one of their members who shall serve as chairperson.
(2) No member of the commission shall be employed by the city or hold any other elected or appointed position in the city.
(3) The city council shall appoint the commission no later than one (1) year and five (5) months before the first general election of the city council after each federal decennial census. The commission’s term shall end upon adoption of a districting plan, as set forth in section 6.02(c).
(4) In the event of a vacancy on the commission by death, resignation, incapacity or moving out of the district within 30 days of his or her appointment, the city council shall appoint a new member enrolled in the same political party and from the same city district from which his or her predecessor was selected, to serve the balance of the term remaining.
(5) No member of the districting commission shall be removed from office by the city council except for cause and upon notice and hearing.
(6) The members of the commission shall serve without compensation except that each member shall be allowed actual and necessary expenses to be audited in the same manner as other city charges.
(7) The commission may hire or contract for necessary staff and may require agencies of city government to provide technical assistance. The commission shall have a budget as provided by the city council.
(c) Powers and duties of the districting commission; hearings; submissions, and approval of plan.
(1) Following each decennial census or upon reliable evidence that the city’s population has increased more than 15% since the last redistricting, the commission shall consult the city council and shall prepare a plan for dividing the city into districts for the election of council members. In preparing the plan, the commission shall be guided by the criteria set forth in section 6.02(d). The report on the plan shall include a map and description of districts recommended.
(2) The commission shall hold one (1) or more public hearings not less than 30 days before it submits the plan to the city council. The commission shall make its plan available to the public for inspection and comment not less than 30 days before its public hearing.
(3) The commission shall submit its plan to the city council not less than nine (9) months before the first general election of the city council after each decennial census.
(4) The plan shall be deemed adopted by the city council unless disapproved within 21 days by the vote of the majority of all members of the city council. If the city council fails to adopt the plan, it shall return the plan to the commission with its objections, and with the objections of individual members of the council.
(5) Upon rejection of its plan, the commission shall prepare a revised plan and shall submit such revised plan to the city council no later than 21 days after the initial plan is rejected. Such revised plan shall be deemed adopted by the city council unless disapproved within 14 days by the vote of two-thirds of all of the members of the city council and unless, by a vote of two-thirds of all of its members, the city council votes to file a petition in the Circuit Court, Minnehaha County, for a determination that the plan fails to meet the requirements of this charter. The city council shall file its petition no later than 10 days after its disapproval of the plan. Upon a final determination upon appeal, if any, that the plan meets the requirements of this charter, the plan shall be deemed adopted by the city council and the commission shall deliver the plan to the city clerk. The plan delivered to the city clerk shall include a map and description of the districts.
(6) If in any year population figures are not available at least one (1) year and five (5) months before the first general election following the decennial census, the city council may by local law shorten the time periods provided for districting commission action in subsections (2), (3), (4), and (5) of this section.
(d) Districting plan; criteria. In preparation of its plan for dividing the city into districts for the election of council members, the commission shall apply the following criteria which, to the extent practicable, shall be applied and given priority in the order in which they are herein set forth.
(1) Districts shall be equal in population except where deviations from equality result from the application of the provisions hereinafter set forth, but no such deviation may exceed five (5) percent of the average population for all city council districts according to the figures available from the most recent census.
(2) Districts shall consist of contiguous territory.
(3) No voting precinct (as set by the counties) shall be divided in the formation of districts.
(4) The number of districts which include territory in more than one (1) county shall be as few as possible.
(5) Consistent with the foregoing provisions, the aggregate length of all district boundaries shall be as short as possible.
(e) Effect of enactment. The new city council districts and boundaries as of the date of enactment shall supersede previous council districts and boundaries for all purposes of the next regular city election, including nominations. The new districts and boundaries shall supersede previous districts and boundaries for all other purposes as of the date on which all council members elected at that regular city election take office.
(4-13-10, § B)
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