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HomeMy WebLinkAboutOrdinance 01-1993 � . . . , � ORDIHANCE N0. 01-93 AH ORDIHAHCE OF THE CITY OF BROOKIHGS, SOUTH DAKOTA, AMEHDIHG SECTIOHS 2-22 AND 2-23 OF ORDIHAHCE 715 OF THE REVISED ORDIHANCES OF' BROOKIHGS, SOUTH DAKOTA, PERTAIHING TO THE SALARIES OF MAYOR AHD CITY COMMISSIOHERS. HE IT ORDAINED BY THE GOVERNIHG BODY OF THE CITY OF BROOKINGS, SOUTH DAKOTA THAT SECTIOHS 2-22 AHD 2-23 OF THE REVISED ORDINANCES OF THE CITY OF BROOKIHGS BE AND THE SAME ARE HEREBY AMENDED TO READ AS FOLLOWS, TO-WIT: I. Section 2-22. Salarv of Mavor. The annual salary of the Mayor shall be set by resolution of the City Commission in a regular meeting as defined in Section 2-17 of this code, said annual salary to be paid in equal monthly installments. Section 2-23. Salarv of Commissioners. The annual salary of each City Commiseioner shall be set by the resolution of the City Commission in a regular meeting, as defined in Section 2-17 of this Code, said annual salary to be paid in equal monthly installments. II. All ordinance in conflict herewith are hereby repealed. FIRST READING: January 12, 1993 SECOND READING: January 19, 1993 PUBLISHED: January, 25, 1993 ,.,,, 1 �; ITY OF BR 0 I yoF P'Ro'°O�i�c : ;� :'o`� TF: �' City Commission President c3=�� 9°t � m T��' s� �oo �oQ ��Ncs C ��ti �__ _._.._.___. � .. r __ _ _._._._.._-�--; � Finance Officer . . - CITY OF BROOKINGS City Attorney 418 Fourth Street • P.O. Box 686 Brookings, S.D. 57006 Ph. (605) 692-2111 January 6 , 1993 Mayor Orrin Juel 1063 Circle Drive Brookings , South Dakota 57006 Dear Mayor Juel : It was recently brought to my attention by CHARLES KUECHENMEISTER , a resident of the City of Brookings , that he questioned the validity of the recent resolution increasing the salary of the Commissioners and Mayor because it had not been done in September . Following his inquiry, I checked our City Ordinance , Ordinance No. 5-83 which is set forth in Sections 2-22 and 2-23 of the Revised Ordinances of the City of Brookings . Those ordinances were adopted in 1983 . They clearly establish that the salaries must be set by resolution adopted in September. In view of the conflict with the most recent resolu- tion which was adopted in December , I am of the opinion that the resolution , as it pertains to salaries of Commissioners and the Mayor , would be invalid in that it is in conflict with Section 2-22 and 2-23 of the City Code . I have prepared a proposed ordinance amending Seetions 2-22 and 2-23 , a copy of which I am enclosing for your information . I am of the opinion that you should adopt the proposed amended ordinance and you can thereafter adopt the resolution which pro- vided for the salary increase . If you have any questions pertaining to same , please feel free to contact me . Thank you very much. Sincerely, DENHOLM, GLOVER & BRITZMAN LAW FIRM ���%w//l/. Alan F. over City Attorney, City of Brookings AFG/klf (2) Encl . 1