05-22-2008 Charter Packet - Laserfiche WebLink

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See Handbook Chapter 25. Minn. Const. art. X, § 1; Minn. Stat. ch. 429. Minn. Stat. § 429.111. Minn. Stat. § 429.021. subd. 3. Minn. Const. art. X, § 1. Curislis v. City of Minneapolis, 729 N.W.2d. 655 (Miim.App.,2007). See Handbook Chapters 14 and 23. Minn. Stat. § 205.02. subd. Minn. Stat. § 205.07. subd. 1. Minneapolis Term Limits Coalition v. Keefe, 535 N.W.2d 306 (Minn. 1995). Minn. Stat. § 410.16. 9. Special assessments Both statutory and home rule cities may fmance almost any type of local public improvement by special assessments against benefited property under a uniform constitutional and statutory procedure. While most home rule cities follow state law, a city charter may provide a different procedure or authorize the council to adopt a different procedure and may require the city to use that method exclusively. A charter city, however, must conform to certain requirements of state law. The charter can require the city to use general funds or service charges rather than special assessments for local improvements. Any special assessments used must comply with the constitutional requirement that the amount of the special assessments cannot exceed the increased market value of the property as a result of the benefit due to the local improvement. Some charters with special assessment provisions that differ from state law authorize the city council to choose between utilizing the charter provisions or state law when imposing special assessments. A recent case has validated such charter provisions. However, when a city elects to uses its charter provisions for a special assessment project, the charter provisions must be followed throughout the entire project. The city cannot later elect to use the state law provisions for the same special assessment project. Likewise, the city cannot commence a special assessment project under the procedure in state law and then later elect to utilize the charter procedure. 10. Real estate Charter and statutory cities may acquire real estate that is needed for public purposes and the council can dispose of it when it is no longer needed. State law does not require bids and approval of the voters, but a charter may impose such restrictions. 11. Elections State statutes regulate many phases of election procedure, but others are open to city regulation through the charter. State law fixes the date of city elections in both statutory and home rule cities for the first Tuesday after the first Monday in November in even or odd years. A charter may not impose term limits. The charter may use proportional representation as a method of election and may set up different nomination procedures from those in statutory cities. The charter may provide for ward representation, which is generally not available to statutory cities.