New Underwood, South Dakota

......a good place to be!
 

16-05 Amendment Alcohol Ordinance

ORDINANCE NUMBER 16-05
ARTICLE II   SECTION V
CITY OF NEW UNDERWOOD
 
AN ORDINANCE TO AMEND ORDINANCE NUMBER 13-02 DEALING WITH ALCOHOLIC BEVERAGES OF THE CITY OF NEW UNDERWOOD

BE IT ORDAINED by the Common Council of the City of New Underwood, Pennington County, South Dakota that the following specified sections of Article II Section V are hereby amended as follows: (*Note: underlines are additions, strikethroughs are deletions)

ALCOHOLIC BEVERAGES
Sec. 4-8.     Classification, information, limitations, and cost of alcoholic beverage licenses.

a.      (16)

  1. (12)
  2. (3), (5), (12), (17A)
  3. per day; per day

          

Sec. 4-9.     On-sale and off-sale service restricted and consumption restricted.
  1. (3), (5), (9), (12), (16), (17), (17A), (18)

 
Sec. 4-12.     Open container permitted.

     Notwithstanding anything herein to the contrary:

(1)      No regular on-sale malt beverage licensee may sell or allow to be consumed any malt beverage outside the building of the licensed premises unless the licensee’s business operates out of a permanent structure and the consumption of the malt beverage occurs in an outdoor designated area located on the premises of the licensee which is approved by the common council.  

    (2)     The sale and consumption of alcoholic beverages on a sidewalk or walkway subject to a public right-of-way abutting a licensed premises, provided that the license holder derives more than fifty percent of its gross receipts from the sale of prepared food for consumption on the licensed premises. The sidewalk or walkway subject to a public right-of-way shall be immediately adjacent to and abutting the licensed premises. This section does not apply to any federal-aid eligible highway unless approved in accordance with the applicable requirements for the receipt of federal aid. 

Notwithstanding the provisions of 35-4-75, the sale and consumption of alcoholic beverages is permitted on the sidewalk or walkway subject to a public right-of-way abutting the licensed premises. The sidewalk or walkway subject to the public right-a-way shall be immediately adjacent to and abutting the licensed premises.The sidewalk or walkway subject to a public right-a-way where the sale and consumption of alcoholic beverages is permitted does not constitute a public place as defined in 35-1-5.3 The sale and consumption shall have the same hours as permitted for the on-sale license.

Authorization35-4-11.4, 35-4-14.2,

                                                                                    Jack W. Trullinger, Mayor

(seal)

Meri Jo Anderson, Finance Officer

 

First reading: September 7, 2016; Second reading:  September 21, 2016; Publish Date:  September 29, 2016; Effective Date:  October 19, 2016

Article 2 - General

 

 

 

 

 

ARTICLE II – GENERAL

 

                In any section of this Ordinance any word used in the singular number shall be construed as also including the plural number, and vice versa; and any word used in the masculine gender shall be construed as also including the feminine gender; for the purpose of this ordinance.

                Any section of this Ordinance prohibiting certain acts shall be construed as also prohibiting acts done by an agent, clerk of servant, and both master and servant shall be jointly and severally liable to prosecution and conviction for violation thereof.

                The Finance Officer shall have custody of all official copies of this and subsequent City Ordinances, and shall furnish a copy to any officer needing the same; provided that each officer at the close of his term of office shall return such copy to the Finance Officer, in good condition, and if such copy is not returned, such officer shall pay the sum of Ten ($10) dollars to cover the cost of replacing such copy.

 

ORDINANCE  Number 95-1
Article II Section II

AN ORDINANCE IMPOSING A MUNICIPAL SALES AND SERVICE AND A USE TAX FOR THE MUNICIPALITY OF NEW UNDERWOOD, PENNINGTON COUNTY, SOUTH DAKOTA.

 

BE IT ORDAINED BY THE MUNICIPALITY OF NEW UNDERWOOD, PENNINGTON COUNTY, SOUTH DAKOTA

 

Section 1.  PURPOSE.  The purpose of this ordinance is to provide additional needed revenue for the Municipality of New Underwood, Pennington County, South Dakota, by imposing a municipal retail sales and use tax pursuant to the powers granted to the municipality by the State of South Dakota, by SDCL 10-52 entitled Uniform Municipal Non-Ad Valorem Tax Law, and acts amendatory thereto.

 

Section 2.  EFFECTIVE DATE AND ENACTMENT OF TAX.  From and after the 1st day of January, 1996, there is hereby imposed as a municipal retail occupational sales and service tax upon the privilege of engaging in business a tax measured by Two Percent (2%) on the gross receipts of all persons engaged in business within the jurisdiction of the Municipality of New Underwood, Pennington 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.  USE TAX.  In addition there is hereby imposed an excise tax on the privilege of use, storage and consumption within the jurisdiction of the municipality of tangible personal property or services purchased from and after the 1st day of January, 1996, at the same rate as the municipal sales and service tax upon all transactions or use, storage and consumption which are subject to the South Dakota Use Tax Act, SDCL 10-46, and acts amendatory thereto.

 

Section 4.  COLLECTION OF TAX.  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 5.  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 the South Dakota 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 6.  USE OF REVENUE.  Any revenues received under Section 2 of this ordinance in excess of the amount received if the rate of tax in Section 2 is one percent (1%) may be used only for capital improvement, land acquisition, and debt retirement.  These expenditures may be financed through a sale-leaseback agreement.

 

Section 7.  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 or imprisoned in the municipal jail for thirty (30) days or both such fine and imprisonment.  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.

 

Section 8.  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.

 

Dated this 13th day of September, 1995

                                               

First Reading:  August 23,1995

Second Reading and Adoption:  September 13, 1995

Published:  September 20, 1995

Effective date:  October 10, 1995

 

ATTEST:

 

(seal)

 

Barbara L. Nachtigall                                                  Benita R. Gilbert

Finance Officer                                                           Mayor

 

 

ORDINANCE NUMBER 03-03

ARTICLE II SECTION II

 

AN ORDINANCE TO AMEND ARTICLE II; GENERAL; SECTION II; SALES TAX.

BE IT ORDAINED by the Common Council for the City of New Underwood that Article II; Section II; Sales Tax, to take effect Jan. 1st, 2004, be amended to read as follows:

Delete all of the following:

Section 2A. EXEMPTIONS. There are hereby exempt from the tax imposed by this ordinance gross receipts from sales of food as defined by the Food Stamp Act of 1977 as amended through January 1, 1983.

 

(seal)

Benita R. White, Mayor

Meri Jo Anderson, Finance Officer

First reading: July 2, 2003

Second reading: July 16, 2003

Publish Date: July 23, 2003

Effective Date: Aug. 12, 2003

ORDINANCE NUMBER 05-04
ARTICLE II SECTION II

 

AN ORDINANCE TO AMEND ARTICLE II: GENERAL; SECTION II: SALES TAX.

 

BE IT ORDAINED by the Common Council for the City of New Underwood that Article II; Section II; sales tax, to take effect Jan. 1st, 2006, be amended to read as follows:

 

Delete all of the following:

Section 2.  Tax will not apply to items specifically exempt under SDCL 10-52-2.6.  Items exempted from city tax under SDCL 10-52-206 include: farm machinery and irrigation equipment, parts and repairs for farm machinery, agricultural animal health products and medicines, and intrastate trucking and garbage hauling (industry 4212 and 4214 of the Standard Industrial Classification Manual).

 

(seal)

 

Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

First reading:  July 5, 2005

Second reading:  July 20, 2005

Publish Date:  July 27, 2005

Effective Date:  Aug. 16, 2005

 

ARTICLE II SECTION III

 

 

BE IT ORDAINED by the Common Council for the City of New Underwood that Article II; General; Sections III read as follows:

  1. Officers.

The civil officers of the City shall be the Finance Officer, Attorney and the chief of police (if not Pennington County Sheriff Contract). The Director of Public Works, Aquatic Director and City Engineer are other officers that are also appointed by the Mayor and approved by the Common Council and shall hold office until their successors are duly hired and qualified. 

  1. Oath of Officer.

Each civil officer is required to take an oath of office before entering upon the discharge of duties.  The oath of office shall be taken annually thereafter at the first meeting in May.  The oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the finance officer.

  1. Removal of officials.

    The Mayor shall have the power to remove any official whenever he shall be of the opinion that the interest of the City demands a removal. The Mayor shall report the reasons for such removal to the Common Council at a regular or special meeting to be held not less than five (5) nor more than fifteen (15) days after such removal. If the Mayor shall fail or refuse to file with the finance officer a statement of the reason for the removal or if the Council by two-thirds vote of all tis members as authorized by law, disapproves the removal, the official shall thereupon become restored to said office. No officials shall be removed a second time for the same incident.

     

    ARTICLE II SECTION IV

    1. The Mayor and Alderman shall have two regular meetings per month which will be on the first and third Wednesdays of the month. The meetings shall be open to the public.
    2. The Mayor and Alderman shall meet the third Monday of March, as per SDCL, for the purpose of equalizing the assessment of property. The Equalization Board may adjourn from day to day until the process is completed, but must be completed within five days

    (seal)

                                                                                       Jack W. Trullinger, Mayor  

     

    Meri Jo Anderson, Finance Officer                                                    

     

    First reading: March 7, 2012

    Second reading: March 21, 2012

    Publish date: March 29, 2012

    Effective date: April 18, 2012

 



 

 

  

 

ORDINANCE NUMBER 13-02
ARTICLE II   SECTION V
CITY OF NEW UNDERWOOD
 
AN ORDINANCE TO REPEAL AND REPLACE ORDINANCE NUMBER 99-4 AND ANY OTHER ORDINANCES DEALING WITH ALCOHOLIC BEVERAGES OF THE CITY OF NEW UNDERWOOD
BE IT ORDAINED by the Common Council of the City of New Underwood, Pennington County, South Dakota that the following specified sections of Article II Section V are hereby amended and restated to read as follows:

ALCOHOLIC BEVERAGES

ARTICLE I.  LICENSES AND GENERAL PROVISIONS

Sec. 4-1.     Definitions.

     A term that is defined in a specific section of this chapter is to be first given the meaning therein defined.  If a term is not defined in a specific section the term is to be defined using the definitions below in this section.  If a term is not defined in this section the term is to be given the meaning as defined in Title 35 of the South Dakota Codified Laws, SDCL.  If a term is not provided for in the SDCL the term is to be given its plain and ordinary meaning.

Alcoholic beverage.  Any distilled spirits, wine, and malt beverages as defined in this chapter.

Bulk container. Any package, or any container within which container are one or more packages.

Distilled spirits.  Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for nonindustrial use, containing not less than one-half of one percent (0.5%) of alcohol by weight.

Malt beverage.  A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of unmalted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human consumption containing not less than one-half of one percent (0.5%) of alcohol by weight.

Off-sale.  The sale of any alcoholic beverage, for consumption off the premises where sold.

On-sale.  The sale of any alcoholic beverage for consumption only upon the premises where sold.

On-sale dealer.  Any person who sells, or keeps for sale, any alcoholic beverage for consumption on the premises where sold.

Package dealer.  Any person other than a distiller, manufacturer, or wholesaler, who sells, or keeps for sale, any alcoholic beverage for consumption off the premises where sold.

Public place.  Any location that the local, state, or national government maintains for the use of the public, such as a highway, park, or public building.

Retail license.  Any on-sale or off-sale license issued under the provisions of this chapter.

Retailer or retail dealer.  Any person who sells alcoholic beverages for other than resale.

Sale.  The transfer, for a consideration, of title to any alcoholic beverage.

Wine.  Any liquid either commonly used, or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not less than one-half of one percent (0.5%) of alcohol by weight but not more than twenty- four percent (24%) of alcohol by weight.

State law reference (SDCL 35-4-2)

 
Sec. 4-2.     Traffic in alcoholic beverages prohibited.

     No person shall produce, transport, store, or sell any alcoholic beverage except as authorized under the provisions of this chapter and SDCL Title 35.

 
Sec. 4-3.     Application for license to conduct business pursuant to this chapter.

     Any person desiring to enter into the alcoholic beverage business in the city shall submit an application for a license under the provisions of SDCL Title 35, Alcoholic Beverages, to the City Finance Officer.

State law reference (SDCL 35-2-1.2)

 
Sec. 4-4.     Action by council.

     The common council may approve or disapprove an application for a new retail or the transfer of an existing license depending on whether the council deems the applicant a suitable person to hold the license and whether the council considers the proposed location suitable.  The common council may, in their discretion, require the applicant to appear personally at any meeting of the council and to answer any question which may be asked pertaining to the applicantor the place of business which may in any way pertain to the carrying on of the business applied for. Any application for the reissuance of a retail license may be approved by the Council without a hearing unless in the past year the licensee or one or more of the licensee’s employees have been subjected to a criminal penalty for violation of the alcoholic beverage control law or the license has been suspended.

State law reference SDCL 35-2-1.2.

 

Sec. 4-5.     Character requirements for licensees.

     Any licensee under this chapter and SDCL Title 35 must be a person of good moral character, who has never been convicted of a felony. If the licensee is a corporation, the managing officers thereof must have like qualifications.

 State law referenceSDCL 35-2-1.2.

 
Sec. 4-6.     Area limited.

     The common council shall not approve any application for “on-sale” or “off-sale” license to sell any alcoholic beverages in the city at any place of business unless that place of business is located in an area described as a commercial area on the zoning use district map of the city.

 

Sec. 4-7.     Violation as ground for revocation or suspension of license – Multiple licenses.

      The common council may revoke or suspend any license issued under this chapter and SDCL Title 35 upon proof of violation by the licensee, by the licensee’s agents or employees, or by the manager or contractual operators of retail establishments and their agents or employees operating under a City license, of any of the following:

(1)   Any provision of SDCL Title 35;

(2)   Any rule promulgated pursuant to SDCL Title 35; or

(3)   Any ordinance or regulation relevant to alcoholic beverage control that has been adopted by the City.

     For any licensees with multiple alcoholic beverage licenses for the same premises, upon suspension or revocation of any license issued pursuant to this chapter or SDCL Title 35, such licensee shall cease operation under all alcoholic beverage licenses held by such licensee for the same premises for the same period as the suspension or revocation.

State law reference SDCL 35-2-10.

 
 
Sec. 4-8.     Classification, information, limitations, and cost of alcoholic beverage licenses.

     No license shall be issued pursuant to this chapter except after a public hearing unless otherwise expressly stated. Classes of licenses, with the fee of each class, follow:

     (1)     Off-sale liquor license.

          a.     The fee for this license is four hundred dollars ($400.00) per year.

     (2)     Off-sale malt beverage license.

          a.     The fee for this license shall be the amount set forth in SDCL Ch. 35-4.

          b.     Fifty percent (50%) of this fee is paid to the State of South Dakota, State, through the city.

     (3)     On-sale and off-sale malt beverage retailers' license.

          a.     The fee for this license shall be the amount set forth in SDCL Ch. 35-4.

          b.     Fifty percent (50%) of this fee is paid to the state through the city.

     (4)     On-sale and off-sale wine license.

          a.     The fee for the license shall be the amount set forth in SDCL Ch. 35-4.

     (5)     On-sale liquor license.

  1. The fee for the license shall be one thousand two hundred dollars ($1,200.00) per year.

Retail (on-sale) full-service restaurant license:

         a.   The fee for this license shall be set by the Common Council but may not be less than one dollar ($1.00) for each person residing within the city as measured by the last preceding federal census.

         b.   The renewal fee for this license is one thousand five hundred dollars ($1,500.00) per year.

         c.   An applicant for this license shall provide documentation to the Finance Officer that the applicant meets all requirements of state law.

         d.   In its initial application, an applicant for this license must provide documentation to the Finance Officer to prove that the primary source of revenue from the operation of the restaurant will be derived from the sale of prepared food and nonalcoholic beverages and not from the sale of alcoholic beverage.  This supporting documentation is confidential.

         e.   Before this license will be renewed, the licensee must submit a report to the Finance Officer verifying under oath that at least sixty percent (60%) of gross operating revenue generated over the preceding twelve month (12) period was derived from the sale of food and nonalcoholic beverages.  The report shall contain the annual gross revenue of food and nonalcoholic beverages and total gross revenues.  This report will be confidential.

 

(6)          The City may issue:

The Council may allow the sale of alcoholic beverages on public property or property owned by a nonprofit corporation during a special event. The licenses shall be issued to the person and the location specified on the application.  The Council shall determine the fee for these licenses, and the fee is retained by the municipality.  Each application shall be accompanied by the fee at the time of submission to the Council (SDCL 35-4-125).

a.     A special malt beverage retailer’s license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2(4), or (6), in addition to any other licenses held by the special events license applicant;

b.     A special on-sale wine retailer’s license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2(4), (6), or SDCL Ch. 35-12 in addition to any other licenses held by the special events license applicant;

c.     A special on-sale license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2(4), or (6), in addition to any other licenses held by the special events license applicant; or          

d.     A special off-sale package wine dealer’s license in conjunction with a special event within the municipality or county to any civic, charitable, educational, fraternal, or veterans organization or any licensee licensed pursuant to SDCL 35-4-2 (19) or SDCL Ch. 35-12 in addition to any other licenses held by the special events license applicant. A special off-sale package wine dealers licensee may only sell wine manufactured by a farm winery that is licensed pursuant to chapter 35-12.

e.     The fee for each special malt beverage retailer’s license, special on-sale wine retailer’s license, and special off-sale package wine dealer’s license will be fifty dollars ($50.00).  The fee for each special on-sale liquor license shall be one hundred dollars ($100.00). 

f.     A public hearing is required before approval and issuance of any license under this section unless the person applying for the license holds an on-sale alcoholic beverage license or a retail malt beverage license and the license is to be used in a publicly owned facility.

g.    Any licenses issued pursuant to this section may be issued for a period of time established by the city council not exceeding fifteen (15) consecutive days.

h.   This license may be issued pursuant to SDCL 35-4-124.

i.    The application permit (see attached) must be completed and filed with the Finance Office prior to the event and hearing (if needed).   

    (7)     Spiking Permit.

          a.     The fee for this permit is ten dollars ($10.00) per day.

          b.     This permit allows the applicant to provide alcoholic beverages free of charge during the applicant’s rental of the Community Center.

          c.     The application permit (see attached) must be completed and filed with the Finance Office.

          d.     The applicant must be at least twenty-one (21) years of age and provide an acceptable form of identification, and hold the City of New Underwood harmless of any liability stemming from the spiking of alcohol or the consumption of alcohol. 

          e.    This permit allows, with the common council’s approval, the consumption of any alcoholic beverages on property owned by the public or by a nonprofit corporation within the City.  Hours of consumption may not exceed those permitted for on-sale licensees and must abide by all the laws and assume all the liabilities of a person applying for a liquor license in the state of South Dakota and the ordinances of the City of New Underwood.

State law references: SDCL 35-4-2; SDCL 35-4-2.1; SDCL 35-1-5.3; SDCL 35-4-81 and 35-4-81.2; SDCL 35-4-124 and 35-4-125.

 
Sec. 4-9.     On-sale and off-sale service restricted and consumption restricted.

(a)          No on-sale or off-sale licensee, licensed under SDCL §35-4-2, (4), (6), (11), (13), or (19), may sell, serve, or allow to be consumed on the premises covered by the license, alcoholic beverages, between the hours of 2:00 a.m. and 7:00 a.m., or at any time on Christmas Day.  Such licensees are permitted to sell, serve, or allow to be consumed alcoholic beverages on Sunday and on Memorial Day, except between the hours of 2:00 a.m. and 7:00 a.m.  A violation of this section will be a Class 2 misdemeanor.

State law references SDCL 35-4-81 and 35-4-81.2; SDCL 35-4-2.1.

 

Sec. 4-10.  Kegs of malt beverage – Retail sale – Records.

No keg of malt beverage may be sold at retail in this state unless the licensee who sold the keg records the name and address of the person to whom the keg is sold and has provided for the identification of the keg. Each licensee shall maintain such sales records for one year and shall make the sales records available to any law enforcement agency upon request.      The identification provided for in this section may not be permanent or damaging to the structure of the keg. 

     For the purposes of this section, the term, keg, means an eight or sixteen gallon reusable plastic or metal container.

State law referenceSDCL 35-1-12.

 
Sec. 4-11.     Consuming, blending, possessing alcoholic beverages in public places; disposal of containers containing alcoholic beverages restricted.

     (a)     It is unlawful for any person to consume any alcoholic beverage upon the premises of a licensed on-sale dealer if the alcoholic beverage was not purchased from the on-sale dealer.

     (b)     It is unlawful for any person to consume any distilled spirits in any public place, other than upon the premises of a licensed on-sale dealer unless a Special License or a Spiking permit was issue by the Council.

     (c)     For the purposes of this section, the term “public place” means any place, whether in or out of a building, commonly and customarily open to or used by the general public, and any street, or highway.

(d)     Exceptions to this subsection are provided for in Section 4-12 of this chapter.

     (e)     Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

State law reference SDCL  35-1-5.3.

 
Sec. 4-12.     Open container permitted.

     Notwithstanding anything herein to the contrary:

(1)        Notwithstanding the provisions of 35-4-75, the sale and consumption of alcoholic beverages is permitted on the sidewalk or walkway subject to a public right-of-way abutting the licensed premises.  The sidewalk or walkway subject to the public right-a-way shall be immediately adjacent to and abutting the licensed premises. The sidewalk or walkway subject to a public right-a-way where the sale and consumption of alcoholic beverages is permitted does not constitute a public place as defined in 35-1-5.3 The sale and consumption shall have the same hours as permitted for the on-sale license.

(2)      The common council may, in its discretion, for community designated events, permit open containers in public places upon such terms and conditions the council may impose.

State law references SDCL 35-1-5.3; SDCL 35-4-77.1.

 

Authorization:  This ordinance is being passed pursuant to the provisions of SDCL 35-4-2.1, 35-4-81 and 35-4-77.1.

 

Severability:  If any provision of this code or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the code which can be given effect without the invalid provision or application, and to this end the provisions of this code are severable.

 

 

                                                                                    Jack W. Trullinger, Mayor

(seal)

 

 

Meri Jo Anderson, Finance Officer

 Amendments incorporated thru September 2016 

 

 

Meri Jo Anderson, Finance Officer                                                      

 

WEAPONS ORDINANCE

Ordinance Number 90-2 received its second reading.

 

ORDINANCE NUMBER 90-2
ARTICLE II SECTION VI

 

AN ORDINANCE ON WEAPONS IN ALCOHOL ESTABLISHMENTS.

 

BE IT ORDAINED by the New Underwood City Council:

(a)    It shall be unlawful for any person to enter or have in his possession, while on the premises of any alcohol establishment licensed under Article II Section V of the New Underwood Revised Ordinances, any firearm or any knife, or any sharp or dangerous weapon such as is usually employed in attack or defense of the person.

(b)   This section shall not apply to a folding knife that has a blade of less than three (3) inches in length, providing said knife is in a closed position.

(c)    Nothing in this section shall prohibit the owner or employee of any licensed establishment to maintain an otherwise legal weapon on the premises or to prohibit any duly appointed law enforcement officer from entering said premises in the line of his duty while bearing arms.

 

(seal)

 

 

Meri Jo Anderson, Finance Officer                                        Benita R. Gilbert, Mayor

 

ORDINANCE NUMBER 13-08
ARTICLE II SECTION VII

 

MAYOR AND COUNCIL SALARIES

 

BE IT ORDAINED by the Common Council of the City of New Underwood. Pennington County, South Dakota that:

 

  1. The Mayor’s salary will be $6000.00 a year to be paid monthly, and mileage at the current Federal rate for pre-approved training sessions and meetings.

 

  1. The Alderman’s salary will be $50.00 for each meeting attended, to be paid every two months to every twelve months, at the preference of each Council person.

 

  1. The Mayor and Alderman will be paid $50.00 per day and mileage at the current Federal rate for pre-approved training sessions and meetings.

 

First reading: December 4, 2013

Second reading: December 18, 2013

Publish date: December 26, 2013

Effective date: January 15, 2014

                                                                                         Jack W. Trullinger, Mayor

 

(seal)

 

ORDINANCE NUMBER 01-03
ARTICLE II SECTION VIII
 
 
 

 BE IT ORDAINED by the Common Council limits, when erected and maintained in accordance with the following standards:

 

 

1. Mail boxes must meet US Postal Regulations.

 

2. Extended support must be 48 inches from post to the front edge of the mailbox.

 

3. The City reserves the right to remove the mailbox, when necessary, for repair and maintenance of City property. The original post will be put back by the City.

 

4. The City can require property owners, upon notification, to remove their mailbox if the location is not viable (ie  visibility obstruction, etc.).

 

5. Any mailboxes that do not meet these requirements will be removed by the City and the property owner must make other arrangements for mail service thru the postal service.

 

 (seal)                                                                             

                                                                                                    Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

RESOLUTION NUMBER 01-11

 

                                                  CREDIT CARD ACQUISITION AND USE POLICY

 

 

WHEREAS the City of New Underwood’s Municipal Finance Officer and the Director of Public Works are hereby authorized to acquire and use credit cards for the purchase of supplies, materials, parts, repairs, and maintenance or other transactions authorized by the governing board for the benefit of the Municipality. Before receiving the card for use, The Finance Officer must read, agree to and sign the Credit Card Issuance Agreement, and

 

WHEREAS the credit line for said card shall not exceed $3000.00, and

 

WHEREAS all purchases made with said card shall be accounted for with purchase receipts retained from the point of sale at which the item(s) were purchased. The employee initiating the purchase will list the item(s) acquired on the purchase receipt and their purpose to assist the finance authority in proper expense coding, and

 

NOW THEREFORE BE IT RESOLVED by the New Underwood City Council that the Finance Officer and Director of Public Works be issued credit cards to purchase supplies, materials, parts, repairs, and maintenance or other transactions for the benefit of the municipality.

 

Dated this 20th day of June, 2001

 

(seal)

 

Meri Jo Anderson, Finance Officer                                                                                  Benita R. White, Mayor

 

 oRDINANCE NUMBER 04-01
ARTICLE II SECTION IX

 

CITY OF NEW UNDERWOOD

AN ORDINANCE ON CAPITALIZATION OF FIXED ASSETS

 

BE IT ORDAINED by the City of New Underwood, Pennington County, South Dakota

that the capitalization of fixed assets will be set at anything valued over $100.00.  

 

 

                                                                                            Benita R. White, Mayor

 (seal)

 

Meri Jo Anderson, Finance Officer   

 

First reading:  Feb. 4, 2004

Second reading :  Feb. 18, 2004

Publish date:  Feb. 25, 2004

Effective date:  Mar. 16, 2004

 

 

ORDINANCE NUMBER 05-03

ARTICLE II SECTION X

 

AN ORDINANCE ON LEAVE POLICIES FOR THE EMPLOYEES OF THE CITY OF NEW UNDERWOOD

 

BE IT ORDAINED by the Common Council for the City of New Underwood:

 

CITY OF NEW UNDERWOOD EMPLOYEE LEAVE POLICY

 

I.          Leave quantity by tenure:

                                    hours accrued p/pay period

Tenure                         0-3 year           3-15 yrs           15 yrs+

 

Sick leave                    4                      4                      4

(total hours p/yr)         104                  104                  104

 

Annual leave               2                      4                      6

(total hours p/yr)         52                    104                  156

 

Holidays                      9                      9                      9

Or as listed in the SD Municipal League Handbook and 26-31 December:  emergency or standby duty only.

 

II.        General leave policy

            a.  The above accruals are predicated on an 80 hour p/pay period work schedule.    Leave accruals for employees hired at less than full time schedule (40 hours      p/week - 80 hours p/pay period) will be prorated.

            b.  The leave year begins the first full pay period each calendar year;

            c.  Temporary, intermittent, or occasion employees are not eligible for leave or        holiday entitlements.

            d.  No category of leave is accrued if the employee is in a non-pay status, or           absence without approval

            e.  No leave will be accrued during the initial employment probationary period(usually 6 months).  Upon completion of the probation period annual and sick   leave will be credited as of the initial date of employment.

            f.  Any exceptions to this leave policy must be included in an employees Job          Description/work agreement.

  

 

III.  Specific policy by category;

            A  Sick leave;

                        1.  Sick leave is available for employees for:

                                    a)  Employee illness

                                    b)  To care for immediate family member

                                    c)  Attend funeral of immediate family member

                        2.  Sick leave accrual is limited to 1,000 hours

3.  Sick leave settlement.  The city will pay the employee for one half of his/her accrued sick leave upon termination or retirement, provided the employee has been an employee at least three (3) years.

4.  The employees may create a sick leave pool for other employees, in the event there is an extended illness that exceeds the sick leave available to the affected employee.

                        5.  The employee will notify their appropriate supervisor as to their illness                           prior to the start of their work day.

 

            B.  Annual Leave:

                        1.  Annual leave for department heads will be approved by the Mayor.

                        2.  Annual leave for all other employees will be approved by the                                          appropriate department head.

3.  Annual leave to be accrued during the year is available for use any time during the year provided approval is obtained and the employee acknowledges that any unearned leave will be deducted from their final paycheck if they quit or retire before the leave is accrued.

                        4. Maximum accrual (carryover) to a new year is 320 hours.  A new year                             starts at the first full pay period.

 

            C.  Holiday -  The paid holidays:  the ones listed in the SDML Handbook and 

            December 26 through December 31 (a minimum/emergency work    schedule only,                                      Employees will be excused from routine non-essential duties).

 

IV.  Grandfather Clause

Any Employee who is over limits will have five years from the effective date of this ordinance to conform with the limitations.

 

 (seal)                                                                             

                                                                                                    Benita R. White, Mayor

 

Meri Jo Anderson, Finance Officer

 

First reading:  April 6, 2005

Second reading:  April 19, 2005

Publish Date:  April 27, 2005

Effective Date:  May 17, 2005

 

 


 


 

ORDINANCE NUMBER 15-10
ARTICLE II – GENERAL
SECTION XI - RESERVES

 

 

BE IT ORDAINED by the Common Council for the City of New Underwood that Article II; Section XI; General; Reserve Policy be as follows:

 

CITY OF NEW UNDERWOOD

RESERVE POLICY

 

  1. The establishment and maintenance of adequate cash balances and reserves allow the City financial and security and is recognized as an important factor considered by bond rating agencies and the underwriting community when reviewing City debt issuance. Along with maintaining the City’s credit worthiness, such cash balances and reserves provide the means to handle economic uncertainties, local disasters and other unanticipated financial hardships, as well as to meet cash flow requirements. In addition to the designations noted below, the fund balance levels will be sufficient to meet funding requirements for projects approved in prior years that are carried forward into the new year; debt service reserve requirements; reserves for encumbrances; and other reserves or designations required by contractual obligations or generally accepted accounting principles.

 

  1. General Policies

     

  1. A positive cash balance should be shown in the general fund at the end of the fiscal year. At a minimum, the balance should be 25% of general fund appropriations for the succeeding fiscal year in order to provide adequate cash flow and emergency cash funding. With the long term objective of 50%.

     

  2. Restricted cash reserves should not be used to finance routine operating expenses that exceed budgeted levels.

 

  1. Cash reserves should not be used to finance capital projects, unless those reserves were specifically earmarked for a project.

 

  1. Revenues will equal or exceed expenditures for each budget year unless there are funds available in excess of the cash reserves requirements of this policy. Excess cash reserves may be used to balance revenues and expenditures as long as the minimum cash reserve requirements of this policy are met.

 

  1. Short-term borrowing, such as Tax Anticipation Notes, in order to meet the requirements in a. through d. of this section is prohibited.

 

  1. The City’s annual budget is considered balanced if the cash reserve requirements, the working capital requirements, and the revenue and expenditure requirements of this policy have been met. (Sections 2-4).

 

  1. Working Capital

     

  1. The City will assemble sufficient cash reserves in operating funds for working capital so that short term cash flow financing is not required. The cash reserve will be no less than 25% of the next year’s operating budget. Operating funds are defined as special revenue and enterprise funds. With the long term objective of 50%.

     

  1. Capital Project Reserve Fund

     

    a.   The Council may designate specific fund balance levels for future development of capital projects that do not require bond financing. The Council may annually transfer to the fund any balance from operating funds in excess of the cash reserve requirements within this policy.

     

     

     

    (seal)                                                                            

                                                                                                     Jack W. Trullinger, Mayor

     

    Meri Jo Anderson, Finance Officer

     

    First reading: August 5, 2015

    Second reading: August 19, 2015

    Publish Date: August 27, 2015

    Effective Date: September 16, 2015