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CHAPTER 2 Article 1 - Wards and Precincts Section
2.1.01
Area Description There shall
be three wards in the City and each of the three wards shall be divided into two
precincts: A.
The First Ward shall be the area east of Main Street and South of Third
Street and shall be divided into two precincts described as follows:
1.
The area south of Third Street and east of a line starting at the
intersection of Third Street and Washington Street thence south to the center of
the intersection of Sixth Street and Washington Street thence east to the
section line lying between Sections 21 and 22 in township 99, North Range 76,
West of the 5th P.M., thence south to the southwest corner of the Hospital
Addition to the City shall constitute the East Precinct of the First Ward; and 2.
The area south of Third Street and east of Main Street, except the area
hereinbefore set out as the East Precinct, shall be designated as the West
Precinct of the First Ward.
B.
The Second Ward shall be the area west of Main Street and south of Third
Street and shall be divided into two precincts described as follows:
1.
The area south of Fifth Street
West to the City Limits and the West side of Lamro Street South to the City
Limits shall constitute the West Precinct of the Second Ward; and 2.
The area south of Third Street and west of Main Street, except the area
hereinbefore set out as the West Precinct, shall be designated as the East
Precinct of the Second Ward.
C.
The Third Ward shall be the area north of Third Street and shall be
divided into two precincts described as follows:
1.
The area north of Third Street and east of Van Buren Street shall be the
East Precinct of the Third Ward; and 2.
The area north of Third Street to Lamro Street, South to Fifth Street,
and west of Van Buren Street to the City Limits
shall constitute the West Precinct of the Third Ward.
Article 2 Elected Officials Section
2.2.01
Representation of Wards There shall
be two (2) representatives from each ward to serve two (2) year terms and
elected in alternate years.
Section
2.2.02
Mayor Term and Election The Mayor shall be elected by the registered City voters for a two (2) year term in the even numbered years.
Article 3 City Employees
The Council
pursuant to SDCL 9-14-1 as amended, establishes the office of City Finance
Officer instead of an Auditor and Treasurer. The Mayor shall appoint, with the approval of the Council, a Finance Officer, who shall perform such duties as .
Section
2.3.02
Chief of Police The Mayor
shall appoint, with the approval of the Council, a Chief of Police, who shall
perform such duties as prescribed by the Council, pursuant to SDCL 9-14-1.
CHAPTER 2 ADMINISTRATION Article 3 City Employees Section 2.3.01 Finance Officer with Administrative Duties The Council pursuant to SDCL 9-14-1 as amended, establishes the office of City Finance Officer instead of an Auditor or Treasurer. The Mayor shall appoint, with the approval of the Council, a Finance Officer with Administrative Duties, who shall perform such duties as prescribed by the Council, pursuant to SDCL 9-14-1. The Finance Officer with Administrative Duties, in addition to having the normal duties and responsibilities of a Finance Officer, and shall be responsible to the Mayor and Council for the proper administration of the City. The duties as Finance Officer, with Administrative Duties, shall include the following: A. Recommend to the Mayor and Council the appointment and removal of department heads. Upon recommendation of a department head, to recommend to the Council the employment, or discharge, any other employee in accordance with City policies or bargaining unit procedures. B. Prepare the annual budget and submit it to the Mayor and Council, prior to August 1, together with an explanation of important features, and be responsible for its administration after adoption; C. Prepare and submit to the Mayor and Council, as of the end of the fiscal year, an annual report on the finances and administrative activities of the City; D. Keep the Mayor and Council advised of the financial condition and future needs of the City with appropriate recommendations; E. Oversee the various departments of the City and work in conjunction with the department heads to insure that the policies of the Council are being properly implemented and administered; F. Recommend to the Mayor and Council of such necessary measures of the continuation and improvements of administrative services; G. Recommend to the Mayor and Council the consolidation of officers, positions, or departments as may be deemed necessary for the imposement of City services; H. Attend all meetings of the Council and the City Council and boards, unless excused by the Mayor, and take part in the discussions of all matters presented. The Finance Officer shall be entitled to notice of all such meetings; I. Supervise the purchase of all materials, supplies, and equipment for which funds are provided in the budget. No purchase shall be made, contract let, or obligations incurred for any items or service which exceeds the current budget appropriation. No contract in excess of the amount established by state law shall be let except by the Council nor shall any purchase in excess of City policy be made without consent of the Council. The Finance Officer may issue such rules governing purchasing procedures within the administrative organization as the Council shall provide; J. Oversee the due enforcement of all laws and ordinances; K. Investigate all complaints in relation to matters concerning the administration of the government of the City, and in regard to service maintained by public utilities in the City, and see that all franchises, permits, and privileges granted by the City are faithfully observed; L. Keep appraised of rules and regulations of the utility operations of the City and work with Department heads to insure all utility operations are in compliance with state and federal rules and regulations; M. Promote the City and its enterprises and represent the Council in addressing public concerns and in embracing the economic development activities in the City; N. Perform such duties as may be required by the Mayor and Council, no inconsistent herewith; and O. Recommend to the governing body a standard schedule of pay for each appointed office and position in the City service. The following are examples of duties of the Finance Officer with Administrative Duties: A. Attends meetings of the Council, attends meetings between the Council and other governmental officials, business and private citizens, and acts as official representative at public and organization meetings; B. Drafts correspondence, including letters, proclamations, prepares reports and Research on special projects as directed; C. Maintains liaison and coordinates with executive, legislative, and Administrative officials at the Federal, State and Local government levels and assists with the review of departmental applications for Federal and State aid; D. Directs and advises department heads concerning activities and plans for various departments, transmits requests and recommendations from the Council and Mayor; E. Such other duties and functions as are necessary or incidental to the proper performance of the position.
Section
2.3.04
City Superintendent The Mayor
shall appoint, with the approval of the Council, at the first meeting of the new Council in each year, one
person, who shall be superintendent of the system of waterworks of the City
and who shall, before entering upon the discharge of his duties, give a bond in
the sum of two thousand (2,000) dollars, conditioned for the faithful discharge
of his duties. It shall be
the duties of the said superintendent: A.
To see that all ordinances and resolutions of said Council in reference
of said systems of waterworks are executed and complied with; B.
The conditions of all contracts by or with said Council are faithfully
complied with;
C.
The assessments of the water rents are duly made, collected, and paid
over to the City Finance Officer;
D.
On the first day of each month, present all claims on account of the
running and operating of said system of waterworks, and submit the same to the
Council with such explanations as to enable the members to act advisedly
thereon;
E.
At the first regular meeting of the Council in June and December of each
year, make a full and detailed report that includes:
1.
The condition and operation of said system of waterworks; 2.
The amount of money received on account of each branch indicating:
a.
From
whom the money was received; b.
The
date the money was received; and
c.
What
service was provided.
3.
A statement of all expenditures made in the operation and repairs of said
works, of each branch separately.
F.
Supervise all machinery, pipes, hydrants, engines, dynamos, and
everything connected with said system of waterworks; G.
To have the care of and attend to the running and operating of all pumps,
engines, and dynamos and other machinery connected therewith; H.
Perform such other duties as the Council may prescribe. The salary of
the superintendent shall be fixed by the Council.
Section
2.3.05
City Engineer The Mayor
shall appoint, with the approval of the Council, a City Engineer, whose duties
shall include, but are not limited to: A.
Review all development permits to assure that the permit requirements of
this Ordinance have been satisfied;
B.
Review permits for proposed development to assure that all necessary
permits have been obtained from those Federal, state or local governmental
agencies from which prior approval is required;
C.
Assure that maintenance is provided within the altered or relocated
portion of said whatever course so that the flood carrying capacity is not
diminished;
D.
Verify and record the actual elevation (in relation to mean sea level) to
which the new or substantially improved structures have been flood proofed;
E.
Verify and record the actual elevation (in relation to mean sea level) to
which the new or substantially improved structures have been flood proofed;
F.
When flood proofing is utilized for a particular structure the City
Engineer shall obtain certification from a registered professional engineer or
architect;
G.
Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions) the City
Engineer shall make the necessary interpretation. The person contesting the location of the boundary shall be
given a reasonable opportunity to appeal the interpretation as provided in this
article; H.
When base flood elevation data has not been provided in accordance with
Section 2.3.05(F), the City Engineer shall obtain, review, and reasonably
utilize any base flood elevation data available from a federal, state or other
source, in order to administer the provisions of Sections 12.4.12 12.4.15;
and
I.
All records pertaining to the
provisions of this Ordinance shall be maintained in the office of the City
Engineer and shall be open for public inspection.
Section
2.3.06
Airport Manager It is
understood the manager will provide aeronautical services of a private business
nature other than the management of the airport.
These services will include Aircraft Maintenance and gasoline sales.
In that regard it is understood that the manager is considered to be an
employee or agent of the City when he is engaged in activity directly related to
the management of the airport and for other services provided by him other than
for management he shall not be considered an employee of the City. The Manager
shall: A.
Furnish management for the airport and program general duties therefore;
B.
Represent the City in matters pertaining to the airport when requested,
attend all meetings relative to the operation of the airport, and attend any
conference requested by the Mayor or the Airport Committee of the City;
C.
Operate on a seven (7) day week basis from 8:00 a.m. until sundown, and
in case of necessity at any hour or hours;
D.
Supervise or provide supervision for the day-to-day maintenance of the
airport, buildings, grounds, hangar and the landing area;
E.
Check the airport lighting at least once a week or more often if
required, to determine if the runway lighting system is in good working order
and whether all light bulbs, light fixtures, win tee, obstruction markers and
airport marking beacon are functioning properly.
The Manager shall make minor repairs as found by his inspection to be
necessary, and shall replace burned-out light bulbs promptly; light bulbs are to
be supplied by the City. He shall
notify the City of any repairs required that are of a major nature and beyond
his ability to repair, and request instructions as to how to proceed to have the
deficiency corrected. It shall be
his duty to analyze from time to time the runway lighting system performance
record, and advise the City of any repairs that should be made to the system,
which are revealed as a result of examination of the performance record;
F.
Maintain the turf and grounds as necessary on airport property not leased
to others. The City shall furnish
the equipment for this maintenance;
G.
Be responsible for notifying the City when snow removal is necessary.
The Manager shall make frequent inspections of the landing area during
the wintertime, and shall promptly notify the City of drifting conditions or
other circumstances that require immediate attention;
H.
The Manager shall be responsible for snow removal from walkways, paths,
roadways, and such now as may be immediately adjacent to and surrounding the
hangar. The intent of this
provision is to require the Manager, by janitor service, to take care of such
minor snow removal as he can reasonably be expected to do by means of hand
shoveling and which would otherwise be uneconomical for the City to perform;
I.
Thoroughly clean (or cause to be
cleaned) the hangar and office, and keep same in a clean and livable condition
at all times. The rest rooms in the
terminal building shall be kept clean at all times and supplied with the
necessary facilities. Windows shall
be kept clean at all times;
J.
Be responsible for notifying the Federal Aviation Administration promptly
of all field conditions affecting the safe use of the airport;
K.
Cooperate with all Federal, State and Municipal bodies insofar as all
matters are concerned which are under their control;
L.
Consult with the City in all matter relating to proposals from businesses
to locate on the airport, and handle all correspondence and other matters
relating to such proposals as directed by the City;
M.
Manager shall see that the premises are kept clean, neat, safe and
orderly at all times free of waste, rubbish, weeds and debris, and shall mow the
airport runway areas as often as is necessary.
1.
Manager shall maintain and mow all of the premises with City equipment,
it being understood that the City will furnish the necessary water and
electricity for the operation of the runway facilities of the Municipal Airport.
The utilities used in the municipally owned buildings located thereon
shall be the responsibility of the Manager.
2.
An inventory of all of the municipally owned tools and equipment is the
responsibility of the Manager. Said
Manager is responsible for the returning of the same to the City at the
expiration of this said Agreement or any extension thereof and in as good
condition as it is now, normal wear and tear and damage by the elements
excepted.
N.
Manager will not purchase nor contract for any debts in the name of the
City without first obtaining specific approval thereof on proper requisition;
O.
Said Manager agrees to obtain and pay for all licenses, permits,
approvals, fees or similar authorizations or changes required under Federal,
State, local laws, or ordinances insofar as the same are necessary to exercise
the conditions of this said agreement;
P.
Manager will be responsible for all notes, reports, notices or advice to
pilots for all FAA and State Aeronautical Commission Publications and shall see
that any of such notes, reports, notices or advice to pilots is given the
widest possible circulation to all interested pilots;
Q.
The Manager shall from time to time advise the City as to all commercial
and private plane activity at the airport;
R.
The Manager shall report all violations by Commercial Operators and
private pilots, to appropriate Federal and State agencies and the Chief of
Police of the City.
S.
The Manager shall procure premises liability insurance for the shop where
he intends to do his repair work, products liability insurance for all products
including, but not limited to, the sale of gasoline, for repair and replacement
work on aircraft, and for aircraft sales. This
coverage shall be for $300,000 per occurrence and $100,000 per person.
The Manager shall also procure hangar man's liability insurance for
$100,000 per occurrence. The City
shall be listed as additional insured on all of above said insurance coverage
and Manager shall deposit with the City Finance Officer a certificate of above
said insurance. The Manager
shall provide the following services: A.
Attendant on duty seven (7) days a week from 8:00 a.m., local time, until
sundown, and in case of emergency or necessity at any hour or hours;
B.
Maintenance shop for aircraft mechanic;
C.
Sale of gasoline; D.
Air ambulance service; E.
Air taxi service; F.
Aircraft rental; and G.
Student instruction. The City
shall not be liable for any negligence on the part of the independent
contractors or operators. The failure
of the Manager to provide an attendant seven (7) days a week or to procure an
independent operator to provide air ambulance and air taxi service shall be
deemed a material breach of this contract.
Section 2.3.07 City Attorney The Mayor shall appoint, with the approval of the Council, a City Attorney.
Section 2.3.08 Assistant City Attorney The Mayor shall appoint, with the approval of the Council, a Assistant City Attorney.
Article 4 Planning
Commission Section
2.4.01
Establishment There
is hereby established a Planning Commission for the City which shall be
designated as City of Winner Planning Commission.
Section
2.4.02
Number of Members There
shall be seven (7) members appointed by the Mayor and confirmed by the Council.
Section
2.4.03
Appointed Years Of
the first seven (7) members appointed, half shall be appointed for three (3)
years and the balance for five (5) years.
Thereafter, appointments are for five (5) years.
Section
2.4.04
Chairman of Planning Commission The
Planning Commission shall elect its chairman from among its members for a term
of one (1) year with eligibility for re-election. The chairman may fill other offices as the Planning
Commission may create in a manner prescribed by the rules of such Commission.
Section
2.4.05
Employees of Planning Commission The
Planning Commission may appoint such employees as it may seem necessary for its
work, whose appointment, promotion, demotion, and removal shall be subject to
the same provisions of law, including civil service regulations, as govern other
corresponding civil employees of the municipality.
The Commission may also contract with city planners, engineers,
architects, and other consultants as well as federal and state agencies for such
services as it may require, provided, that all contracts shall first be approved
by the Council.
Section
2.4.06
Information Furnished by Public Officials All public
officials shall, upon request, furnish to the Planning Commission, within a
reasonable time, such available information as it may require for its work.
The Commission, its members, and employees, in the performance of its
functions, may enter upon any land, make examinations and surveys, place and
maintain necessary monuments and marks thereon.
In general, the Commission shall have all such powers as may be necessary
to enable it to fulfill and perform its functions, promote municipal planning to
carry out all the purposes of this Ordinance.
Section
2.4.07
Expenditures The
expenditures of the Planning Commission, exclusive of those made from funds
received by gift, shall be within the amounts appropriated for the purpose by
the local legislative body, which shall provide the funds, equipment, and
accommodations necessary for the Commission's work.
Section
2.4.08
Preparation of Comprehensive Plan It
shall be a function and duty of the Planning Commission to make and adopt a plan
for the physical development of the municipality, including any areas outside of
the boundary and within its planning jurisdiction which, in the commission's
judgment bear relation to the planning of the municipality.
The Comprehensive Plan, with the accompanying maps, plats, charts and
descriptive and explanatory matter, shall show the Commission's recommendations
for the said physical development and may include, among other things, the
general location, character, and extent of streets, bridges, viaducts, parks,
parkways, waterways and waterfront developments, playgrounds, airports, and
other public ways, grounds, places and spaces; the general location of public
schools, of public buildings and other public property; a zoning ordinance for
the regulation of the height, area, build, location, and use of private and
public structures and premises, and of population density as may be provided by
law; the general location and extent of public utilities and terminals, whether
publicly or privately owned, for water, light, power, heat, sanitation,
transportation, communication, and other purposes; the acceptance, widening,
removal, extension, relocation, narrowing, vacation, abandonment, or change of
use of any of the foregoing public ways, grounds, places, spaces, buildings,
properties, utilities, or terminals; the general location, character layout, and
extent of community centers and neighborhood units, and the general character,
extent, and layout of the re planning of blighted districts and slum areas. The Commission may from time to time amend, extend, or add to
the plan or carry any of the subject matter into greater detail.
Section
2.4.09
Surveys and Studies In
the preparation of the Comprehensive Plan, the Planning Commission shall make
careful and comprehensive surveys and studies of the existing conditions and
probable future growth of the municipality and its environs.
The plan shall be made with the purpose of guiding and accomplishing a
coordinated, adjusted, and harmonious development of the municipality, which
will, in accordance with existing and future needs, best promote health, safety,
morals, order, convenience, prosperity or the general welfare, as well as
efficiency and economy in the process of development.
Section
2.4.10
Adoption of Comprehensive Plan The
Planning Commission shall adopt the Comprehensive Plan as a whole by a single
resolution, or, as the work of making the whole Comprehensive Plan progresses,
may from time to time adopt a part or parts thereof, any such part to correspond
generally with one or more of the functional subdivisions of the subject matter
of the plan.
Section
2.4.11
Public Hearing Before
adoption of the Comprehensive Plan or part thereof, the Planning Commission
shall hold at least one public hearing, notice of the time and place of which
shall be given at least ten days in advance by publication in a legal newspaper
of the City.
Section
2.4.12
Vote Requirement The
adoption of the plan or any part, amendment or additions, shall be by resolution
carried by the affirmative votes of not less than a majority of all the members
of the Planning Commission. The
resolution shall refer expressly to the maps, descriptive matter, and other
matters intended by the Commission to form the whole or part of the plan, and
the action taken shall be recorded on the adopted plan or part thereof, by the
identifying signature of the chairman and the secretary of the commission, and a
copy of the plan or part thereof shall be certified to the City Council.
Section
2.4.13
Approval for Construction Whenever
any such Planning Commission shall have adopted the Comprehensive Plan of the
municipality or any part thereof, then and thenceforth, no street, park, or
other public way, ground, place, space, no public building or structure, no
public utility, whether publicly or privately owned, if covered by the
Comprehensive Plan or any adopted part thereof, shall be construed or authorized
in the municipality or within its subdivision jurisdiction as defined in SDCL
11-6-26, until and unless the location and extent thereof shall have been
submitted to the Zoning Administrator for review pursuant to Appendix C of this
Ordinance.
Section
2.4.14
Submission and Approval of Improvement Projects The
acceptance, widening, removal, extension, relocation for any street or other
public way, ground, place, property, structure, shall be subject to submission
and approval similar to that provided in SDCL 11-6-19 to 11-6-21, inclusive, and
the failure to approve may be similarly overruled.
Section
2.4.15
Platting Jurisdiction of Municipality From
and after the time when the Planning Commission of any municipality shall have
adopted a Comprehensive Plan which includes at least a major street plan or
shall have progressed in its Comprehensive Planning to the stage of making and
an adoption of a major street plan, and shall have filed a certified copy of
such major street plan in the office of the register of deeds of the county in
which the municipality is located, no plat of a subdivision of land lying within
the municipality, or of land within three miles of its corporate limits and not
located in any other municipality, shall be filed or recorded until it shall
have been submitted to and a report and recommendations thereon made by said
Commission to the Council and the Council has approved the plat.
Section
2.4.16
Approval on Platting of Land Any
platting or subdivision of land containing two or more lots, no matter how
described, must be submitted to the Planning Commissions for approval.
Any plat submitted for approval shall contain the name and address of a
person to whom notice of hearing may be sent; and no plat shall be acted upon by
the Council without affording a hearing thereon, notice of the time and place of
which shall be sent by mail to said address not less than five days before the
date fixed therefore.
Section
2.4.17
Time Allowance The
plat shall be approved or disapproved within sixty days after submission
thereof; otherwise such plat shall be deemed to have been approved and a
certificate to that effect shall be issued by the Council on demand; provided,
however, that the applicant for the approval may waive this requirement and
consent to the extension of such period. The
ground of disapproval of any plat shall be stated upon the records of the
Council.
Section
2.4.18
Dedication not Accepted by Approval of Plat The
approval of a plat by the Council shall not be deemed to constitute or effect an
acceptance by the municipality of public of the dedication of any street or
other ground shown on the plat.
Section
2.4.19
Plat Approval Before Being Recorded When
any map, plan, plat, or re plat is tendered for filing in the office of the
register of deeds, it shall be the duty of any such officer to determine whether
such proposed map, plan, plat or re plat is or is not subject to the provisions
of this Article and whether the endorsements required by this Article appear
thereon, and no register of deeds or deputy shall accept for record, or record
any such map, plan, plat or re plat unless and until the same shall have been
approved by the Council of such municipality as required by SDCL 11-6-26,
11-6-26.1.
Section
2.4.20
Penalty Whoever
being the owner or agent of the owner of the land located within platting
jurisdiction of any municipality as described in SDCL 11-6-26, knowingly or with
intent to defraud, transfers or sells or agrees to sell or negotiates to sell
such land by reference to or exhibition of or by other use of a subdivision of
such land before such plat has been approved by the Council and recorded in the
office of the register of deeds, shall forfeit and pay a penalty pursuant to
Section 14.01 for each lot so transferred or sold or agreed or negotiated to be
sold; and the description by metes and bounds in the instrument of transfer or
other document used in the process of selling or transferring shall not exempt
the transaction from such penalties. Said municipality may enjoin such transfer or sale of
agreement by action for injunction or may recover the said penalty by civil
action.
Section
2.4.21
Approval After Attachment of Platting Jurisdiction From
and after the time when the platting jurisdictions of any municipality shall
have attached by virtue of the adoption of a major street plan as provided in
SDCL 11-6-26, the municipality or other public authority shall not, except as
provided by SDCL 11-6-37, accept, lay out, open, improve, grade, pave, or light
any street or lay or authorize the laying of water mains, sewers, connections,
or other facilities or utilities in any street within the municipality unless
such street shall have been accepted or opened as, or shall have otherwise
received the legal status of, a public street prior to the adoption of a
Comprehensive Plan, or unless such street corresponds in its location and lines
with a street shown on a subdivision plat approved by the Council or on a street
plat made by and adopted by the Planning Commission.
Section
2.4.22
Street Construction The
Council, or, in the case of a street outside of the municipality, the governing
body of such outside territory, may locate and construct or may accept any other
street if the ordinance or other measure for such location and construction or
for such acceptance be first submitted to the Planning Commission for its
approval, and, if disapproved by the commission, be passed by not less than
two-thirds of the entire membership of Council or said governing body; and a
street approval by the commission upon such submission, or constructed or
accepted by said two-thirds vote after disapproval by the commission, shall have
the status of an approved street as fully as through it has been originally
shown on a subdivision plat approved by the Council or on a plat made and
adopted by the commission.
Section
2.4.23
Buildings Prohibited on Unapproved Streets From and
after the time when the platting jurisdiction of any municipality shall have
attached by reason of the adoption of a major street plan as provided in SDCL
11-6-26, no building permit shall be issued for or no building shall be erected
on any lot within the territorial jurisdiction of said commission as provided in
SDCL 11-6-26, unless the street giving access to the lot upon which said
building is proposed to be placed shall be accepted as opened as, or shall have
otherwise received the legal status of, a public street prior to that time, or
unless such street corresponds in its location and lines with a street shown on
a subdivision plat approved by the Council or on a street plat made and adopted
by said commission or with a street located or accepted by the Council, or, in
the case of territory outside of the municipal corporation, by the governing
body thereof, after submission to said commission, and, in case of said
commission's disapproval, by the favorable vote required in SDCL 11-6-37.
Any building erected in violation of this Section shall be deemed an
unlawful structure, and the municipality or governing body may bring action to
enjoin such erection or cause it to be vacated or removed.
Article 5 Retirement System Section
2.5.01
Participating Municipality Effective
since June 1, 1974, the City is a
participating municipality in the South Dakota Retirement System, as provided by
law, for the purpose of including full-time policemen and full-time general employees in its employee Retirement System. As a
participating municipality, the Retirement System benefits for City employees
are in accordance with the South Dakota Retirement System, as of the effective
date of this Ordinance, and will be changed or updated as required.
Section
2.5.02
Membership All
full-time policemen and full-time general employees of the City shall be included in the membership of the retirement
system.
Section
2.5.03
Salary Deduction The
City Finance Officer is hereby directed to deduct eight (8) percent of the
salaries paid to full-time policemen and to deduct five (5) percent of full-time
general employees and forward same to the retirement system.
The deductions are to be made from each and every participating
members salary on each and every payroll and for each and every payroll
period subsequent to the City's participation in the retirement system.
Section
2.5.04
Matching Funds The City
Finance Officer is hereby authorized to pay from City funds: A.
Eight (8) percent matching funds for full-time policemen; and B.
Five (5) percent matching funds for full-time general employees. These
matching funds are to be forwarded the Retirement System, together with the
payment of the employees contributions as provided in Section 2.5.03.
Article 6 Travel Expenses Section 2.6.01 Rates The following
rates shall be used for travel expenses by elected officials, employees, and volunteer fire personnel of the City
while transacting business for the City outside of the corporate limits: A.
Twenty-four (24) cents per mile for each mile necessarily traveled; B.
Meals not to exceed fifteen (15) dollars per day upon submission of
receipts; C.
Lodging per day allowed at
state rate if offered to city employee or representative.
If not offered, lodging per day is not to exceed the South Dakota
out-of-state rate for a standard room. No elected
official, employee, or volunteer fire personnel shall receive any
remuneration while performing any services for the City within a radius of ten
(10) miles of the corporate limits.
Article 7 Casualty Reserve
Fund Section
2.7.01
Establishment of Fund The
City hereby establishes a fund to be designated as the Casualty Reserve Fund.
The City shall, in their annual appropriation, set forth a specific
amount of monies not to exceed the sum of thirty thousand (30,000) dollars, which
shall be deposited in the Casualty Reserve Fund and said amount appropriated
shall be transferred to the Casualty Reserve fund.
Section
2.7.02
Maximum Amount Pursuant
to South Dakota Law SDCL 9-21-16.1, at no time shall the money in the Casualty
Reserve Fund exceed the sum of one hundred thousand (100,000) dollars.
Section
2.7.03
Restricted Use of Fund That
the monies in the Casualty Reserve Fund shall only be expended for the payment
of expenses to replace and repair property of the municipality which may be
damaged or lost as a result of the casualty loss.
Section
2.7.04
Interest Earned from Investment That if the
Casualty Reserve Fund is at the maximum amount allowed as set out above, any
interest earned from investment of the fund shall be placed in the
Municipalities General Fund.
Article 8 Sales Tax Section
2.8.01
Purpose The
purpose of this article is to provide additional needed revenue for the City by
imposing a municipal retail sales and use tax, pursuant to SDCL 10-52 entitled
Uniform Municipal Non-AD Valorem Tax Law, and acts amendatory thereto.
Section
2.8.02
Enactment of Tax A
tax, measured by two (2) percent of the gross receipts of all persons engaged in
business within the jurisdiction of the City who are subject to the Retail Sales
and Service Tax, SDCL 10-45 and acts amendatory thereto, is hereby imposed as a
municipal retail occupational sales and service tax.
Section
2.8.03
Food Sales Notwithstanding
the above rate, the rate of tax upon receipts from sales of food as defined by
the Food Stamp Act of 1977, as amended through January 1, 1983, is one (1)
percent.
Section
2.8.04
Exempt Sales The following
are hereby exempt from the tax imposed by this Article: A.
Gross receipts from sales of parts or repairs on machinery or equipment
which are clearly identifiable as used primarily for agricultural purposes as
taxed pursuant to SDCL 10-45-3; B.
Farm machinery or equipment taxed pursuant to SDCL 10-45-3;
C.
Agricultural animal health products and medicines; and
D.
Construction materials delivered to a truck of a construction company for
use outside City limits.
Section
2.8.05
Collection Such
tax is levied pursuant to authorization granted by SDCL 10-52 and acts
amendatory thereto, and shall be collected by the South Dakota Department of
Revenue in accordance with the same rules and regulations applicable to the
State Sales Tax and under such additional rules and regulations as the Secretary
of Revenue of the State of South Dakota shall lawfully prescribe.
Section
2.8.06
Use
Tax In
addition there is hereby imposed an excise tax on the privilege of use, storage,
and consumption within the jurisdiction of the City of tangible personal
property or services purchased from and after the 1st day of November, 1988, at
the same rate as the municipal sales and service tax upon all transactions or
use, storage, and consumption which are subject to the Use Tax, SDCL 10-46, and
acts amendatory thereto.
Section
2.8.07
Use of Revenue Any
revenues received under this Article in excess of the amount received, if the
rate of tax in Section 2.8.02
were one (1) percent, may be used only for capital improvement, land
acquisition, and debt retirement.
Section
2.8.08
Interpretation It
is declared to be the intention of this article and the taxes levied hereunder
that the same shall be interpreted and construed in the same manner as all
sections of the Retail Sales and Service Act, SDCL 10-45 and acts amendatory
thereto and the Use Tax, SDCL 10-46 and acts amendatory thereto, and that this
shall be considered a similar tax except for the rate thereof to that tax.
Section
2.8.09
Penalty Any persons
failing or refusing to make reports or payments prescribed by this Article and
the rules and regulations relating to the ascertainment and collection of the
tax herein levied shall be guilty of a Class II Misdemeanor and fined pursuant
to Section 14.01. In addition, all
such collection remedies authorized by SDCL 10-45, and acts amendatory thereto,
and SDCL 10-46, and acts amendatory thereto are hereby authorized for the
collection of these excise taxes by the Department of Revenue. ORDINANCE NO. 771 AN ORDINANCE IMPOSING A MUNICIPAL GROSS RECEIPTS TAX FOR THE MUNICIPALITY OF WINNER, TRIPP COUNTY, SOUTH DAKOTA UPON GROSS RECEIPTS OF LEASES OR RENTALS OF LODGING ACCOMMODATIONS AND SALE OF ALCOHOLIC BEVERAGES AND SALES OF FOOD AND BEVERAGES IN ESTABLISHMENTS WHERE THE PUBLIC IS INVITED TO EAT AND TICKET SALES TO PLACES OF AMUSEMENT, ATHLETIC AND CULTURAL EVENTS. BE IT ORDAINED by the Municipality of Winner, Tripp County, South Dakota as follows: Section 1: PURPOSE: The purpose of this Ordinance is provide additional needed revenue for the Municipality of Winner, Tripp County, South Dakota by imposing a municipal gross receipts tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52A, and acts amendatory thereto. Section 2: EFFECTIVE DATE AND ENACTMENT OF TAX: From and after the 1st day of July, 2007, there is hereby imposed a municipal gross receipts tax at the rate of one percent (1%) upon the gross receipts of all leases or rentals of hotel, motel, campsite or other lodging accommodations within the municipality for periods of less than 28 consecutive days, the sales of alcoholic beverages as defined in SDCL 35-1-1, establishments where the public is invited to eat, dine or purchase and carry out prepared food for immediate consumption, and ticket sales or admissions to places of amusement, athletic and cultural events, or any combination thereof. The tax applies to the gross receipts of all persons or entities engaged in business within the jurisdiction of the Municipality of Winner, Tripp County, South Dakota, who are subject to the South Dakota Retail Occupational Sales and Service Tax, SDCL 10-45 and acts amendatory thereto. Section 3: COLLECTION: Such tax is levied pursuant to the authorization granted by SDCL 10-52A and acts amendatory thereto, and shall be collected by the South Dakota Department of Revenue and Regulation in accordance with the same rules and regulations applicable to the State Sales Tax and under such additional rules and regulations as the Secretary of Revenue of the State of South Dakota shall lawfully prescribe. Section 4: INTERPRETATION: It is declared to be the intention of this ordinance and the taxes levied hereunder that the same shall be interpreted and construed in the same manner as all sections of the South Dakota Retail Occupational Sales and Service Act, SDCL 10-45 and acts amendatory thereto, and that this shall be considered a similar tax except for the rate thereof to that tax. Section 5: USE OF REVENUE: Any revenues received under this ordinance may be used only for the purpose of land acquisition, architectural fees, construction costs, payment for civic center, auditoriums or athletic facility buildings, including the maintenance, staffing and operations of such facilities, and the promotion and advertising of the municipality, its facilities, attractions, activities and any other lawful activity as is envisioned in SDCL 10-52A. Section 6: PENALTY: Any person failing or refusing to make reports or payments prescribed by this ordinance and the rules and regulations relating to the ascertainment and collection of the tax herein levied shall be guilty of a misdemeanor and upon conviction shall be fined not more than $200.00 or imprisoned in the municipal jail for 30 days or both such fine and imprisonment. In addition, all such collection remedies authorized by SDCL 10-45, and acts amendatory thereto, are hereby authorized for the collection of these excise taxes by the Department of Revenue.
Section 7: SEPARABILITY: If any provision of this ordinance is declared unconstitutional or the application thereof to any person or circumstances held invalid the constitutionality of the remainder of the ordinance and applicability thereof to other persons or circumstances shall not be affected thereby.
Article 9 Capital
Improvement Fund The purpose of the capital improvement fund will be for the renovation and improvement of the physical facilities of the City Jail. The capital improvement fund may not be used for any other purposes other than for the renovation and improvement of the physical facilities of the City Jail.
Section 2.9.02 Allocation The City will allocate to the capital improvement fun two (2) dollars out of each prisoner day that is paid to the City by other governmental entitles that contract with the City for housing prisoners. In other words, if the contracting entities pay thirty (30) dollars per prisoner day to the City, the City shall take two (2) dollars out of each prisoner day payment and shall place the amount into the capital improvement fund.
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