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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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Nordmarken v. City of <br />Richfield, 641 N.W.2d 343 <br />(Minn. Ct. App. 2002); <br />Lilly v. City of <br />Minneapolis, 527 N.W.2d <br />107 (Minn. Ct. App. <br />1995). <br />Minn. Stat. § 410.33. <br />Minn. Stat. ch. 412. <br />See Handbook Part VI. <br />Minn. Stat. § 275.75. <br />CHAPTER 4 <br />A. Broad grant of powers <br />The following list of powers of home rule charter cities is not complete or all- <br />inclusive. Many powers of charter cities are discussed in more detail in other <br />chapters of the LMC Handbook. <br />A home rule charter may provide any municipal powers the Legislature could <br />have delegated to the city, as long as the powers are consistent with state statutes. <br />A number of city charters have attempted to do this. Under such a grant, the <br />charter may authorize the city to provide for medical clinics, public transit, and <br />industrial parks. It may authorize any of a range of public enterprises as long as <br />they do not involve the use of public funds for an unconstitutionally private <br />purpose. The limits depend more on public policy than on the lack of home rule <br />charter power. <br />A city, however, even one organized under a city charter, has no inherent <br />powers—only such powers as are expressly conferred by statute or are implied as <br />necessary in aid of those powers. If a matter presents a statewide problem, the <br />implied necessary powers to regulate are narrowly construed unless the <br />Legislature has provided otherwise. <br />If a charter is silent on a topic that Chapter 412 or another statute addresses for <br />statutory cities, home rule cities may usually apply the general law on the subject. <br />If, however, general law prohibits a charter from addressing the matter or provides <br />that the charter prevails over general law, the home rule city may not apply the <br />general law. <br />1. Taxes <br />Presumably, a charter may grant a home rule city power to tax although the state <br />has largely pre-empted two local non -property taxes: the sales tax and the income <br />tax. State law has historically provided some differences between home rule <br />charter cities and statutory cities in property tax levy authority. <br />For example, the Legislature allowed charter cities, for the years 2004 and 2005, <br />to exceed their charter limits or referendum requirements for levy increases if the <br />increased levy was needed to offset reductions in city local government aid. <br />However, state imposed levy limits still applied. <br />4-16 <br />HANDBOOK FOR MINNESOTACmES <br />
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