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05-22-2008 Charter Packet
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05-22-2008 Charter Packet
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5/22/2008
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Minn. Const. art. X1I, § 5. <br />Minn. Stat. § 410.30. <br />Concerning the form of <br />government of a home rule <br />charter city see Minn. Stat. <br />§ 410.16 and Handbook <br />Chapter 1. <br />See League research <br />memo A Model Charter <br />for Minnesota Cities <br />(100a.5) Chpt 1, sec. 1.02; <br />and National Civic <br />League's Model City <br />Charter, Eighth Edition <br />(2003) Art. 1, sec. 1.01. <br />Park v. City of Duluth, 134 <br />Minn. 296, 159 N.W. 627 <br />(1916); State v. City of <br />Duluth, 134 Minn. 355, <br />159 N.W. 792 (1916); City <br />of Duluth v. Cerveny, 218 <br />Minn. 551, 16 N.W.2d 779 <br />(1944). <br />2. New or revised charter <br />Any city having a home rule charter may adopt a new or revised charter in the <br />same manner as an original charter. If a new or completely revised charter is to go <br />to the voters, the preparation of the ballot and other procedures are substantially <br />the same as for the original charter. <br />G. Abandoning a home rule charter <br />Any home rule city may abandon its charter and become a statutory city. Since the <br />state was formed, only three cities—Jordan, Isanti, and Sauk Centre, all since <br />1989—have abandoned their charter form of government. These three cities are <br />all now Plan A statutory cities. A city may abandon its charter by presenting a <br />proposal, adopting it, and having it become effective in the same manner as a <br />charter amendment. Accordingly, abandonment would require the approval of 51 <br />percent of those voting on the question. <br />The proposal must include a schedule containing necessary provisions for <br />transition to the statutory city form of government in order to place the city on a <br />regular election schedule as soon as practicable. The proposal may provide for <br />continuation of specified provisions of the home rule charter for an interim period, <br />and must specify the plan under which the city will operate as a statutory city. <br />III. General powers of a home rule <br />charter city <br />A city charter should deal only with the fundamentals of the governmental <br />organization of the city, leaving the council free to exercise a broad grant of <br />authority by ordinance. Modern charters contain provisions that claim for the city <br />all powers that the home rule provision of the Constitution permits a city to <br />assume. Older charters contain a long list of specific grants giving various powers <br />to the city. The strong statements of intent found in League and National Civic <br />League model charters should be adequate to ensure that the omnibus grant gives <br />the city all municipal power it might receive through more specific grants. <br />Minnesota Supreme Court decisions generally have given a liberal construction to <br />all -powers grants in city charters. In addition to powers granted by the charter, <br />various state statutes may give additional powers to a city and regulate certain <br />activities. For example, authority for planning, police civil service commissions, <br />and municipal forest maintenance is included in laws dealing specifically with <br />these subjects. <br />
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