ORDINANCE NO. __________
AN ORDINANCE REPEALING ARTICLE XX OF CHAPTER 2 OF THE CITY CODE RELATING TO THE SISTER CITY COMMISSION.
BY COUNCILOR REINERT:
The city of Duluth does ordain:
Section 1. That Article XX of Chapter 2 of the Duluth City Code, 1959, as amended, relating to the sister city commission is hereby repealed in its entirety.
Section 2. That this ordinance shall take effect 30 days after its passage and publication.
Approved: Approved for presentation to council:
Department Director Chief Administrative Officer
Approved as to form: Approved:
ATTY JMC:nmj 7/16/2007
STATEMENT OF PURPOSE: This ordinance is a companion action to Resolution No. 07-0504.
The Duluth Sister City Commission, Inc., (DSCS) was a nonprofit corporation deemed to be "created" by the city of Duluth because the bylaws of DSCS provided that city-appointed commission members automatically become members of the board of DSCS. The state auditor has frowned on creation of nonprofits by political entities and it is now statutorily forbidden unless explicitly authorized by law.
The nonprofit has restated its articles of incorporation renaming itself Duluth Sister Cities International, Inc. (DSCI). It has also amended its bylaws. The restated articles of incorporation and amended bylaws provide for autonomy from the city. Except for one member appointed by the mayor, its members will no longer be appointed by the city. Additionally, the mayor will no longer approve article changes, and there will no longer be a sister cities fund housed in the city’s finance division.
Pursuant to the companion resolution, the city will terminate its agreement with DSCS and enter into a new agreement with DSCI. The sister city commission will serve no further function as all its functions will be provided by DSCI. Therefore, the purpose of this ordinance is to dissolve the commission.