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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. Stat. § 410.20. <br />Hanson v. City of Granite <br />Falls, 529 N.W.2d 485 <br />(Minn. Ct. App. 1995); <br />Housing & Redev. Auth. v. <br />City of Minneapolis, 293 <br />Minn. 227, 198 N.W.2d <br />531 (Minn. 1972); <br />Oakman v. City of Eveleth, <br />163 Minn. 100, 203 N.W. <br />514 (1925). See also A.G. <br />Op. 858 (Oct 26, 1970); <br />A.G. Op. 858 (August 5, <br />1970). But see City of <br />Cuyahoga Falls v. Buckeye <br />Comte. Hope Found, 538 <br />U.S. 188, 123 S. Ct. 1389 <br />(U.S. 2003); A.G. Op <br />185b-2 (Mar. 8, 1962). <br />Minn. Stat. § 471.345. <br />A.G. Op. 59-a-15 (Aug. <br />22, 1969). <br />See Handbook Chapter 23. <br />See Handbook Chapter 18. <br />CHAPTER 4 <br />a. Initiative and Referendum <br />Statutory cities may not submit ordinances to the people for approval under the <br />initiative and referendum process. Only home rule charter cities may provide for <br />initiative and referendum through their charter. <br />Only ordinances that are legislative in character may be enacted through the <br />initiative and referendum process. Legislative actions are those that are general in <br />nature and lay down a permanent and uniform rule of law. Administrative actions, <br />on the other hand, are those of a temporary and special character. They merely <br />carry out existing laws and relate to the daily administration of municipal affairs. <br />Administrative actions include the settlement of lawsuits, entering of contracts, <br />acceptance or rejection of bids, sale of municipal bonds, appointment of city <br />officials, levying of taxes, granting of licenses and permits, and the adoption of <br />budgets. <br />6. Personnel <br />In home rule cities, the charter may set procedures for appointments and removals <br />of non -elective officers and employees at the discretion of the council. The charter <br />may include restrictions, such as a formal civil service system, and it may <br />authorize the council to fix administrative salaries subject to the limitations and <br />procedures provided by the charter. <br />7. Contracts <br />State law establishes bidding procedures and uniform dollar limits for all city <br />contracts for the purchase, sale or rental of supplies, materials or equipment, or <br />the construction, alteration, repair or maintenance of real or personal property. <br />While the language leaves some doubt about the application of the law to home <br />rule charter cities, the attorney general is of the opinion that the statute supersedes <br />all charter provisions concerning uniform dollar limitations. Presumably, the <br />charter may regulate some phases of the contracting procedure, but most charters <br />deal only with subjects not covered by the state law. <br />8. Tort liability <br />Both statutory and home rule cities are subject to the same tort liability imposed <br />by statutes and court decisions. Home rule charter cities may not extend or curtail <br />this liability for torts to any extent. <br />4-18 <br />HANDBOOK FOR MINNESOTA CITIES <br />\✓ <br />
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