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07-19-2007 Charter Packet
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07-19-2007 Charter Packet
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7/19/2007
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*Lino Lakes Citizen Task Force* <br />Page 2 <br />May 9, 2007 <br />either the improvement, or the assessment formula or both. In this event, the Council shall not <br />proceed with the improvement, as proposed. <br />T e efore, while Mounds 'View's curter allows a proposed improvement to be stopped by the <br />possibility of a petition, Lino Lakes is uniquely required to submit the proposal to an election. <br />*** <br />Since I read through the local improvement charter provisions for 107 cities, I wanted to share what I <br />found. <br />The amount of space in clues dedicated to local improvements and special asserts varies quite <br />a bit. Many charters have little more than two belief paragraphs The entire local improvement <br />provision in the charter for Wield is "As per state law" At the same time, Biainerd's charter has 12 <br />pages on local improvements and special assessments, and South St Paul has in incredible 58 pagers in <br />their charter devoted to the topic. However, at least 85% of all charters appear similar to Chapter 8 of <br />the Gaylord city charter. For your convenience, I have included a copy of that section of Gaylord's <br />charter with this letter. <br />The following are trends and variations I have seen among those cities with provisions like <br />Gaylord's. <br />• In virtually all of these charters, the city is given blanket power to carry out any and all <br />improvements not prohibited by law ("The council shall have the power to make any and <br />every type of public improvement not forbidden by the laws of this state and to levy <br />special assessments..."). <br />• Many charters contain no more than two sections similar to sections 71 and 72 in the <br />example. However, the overwhelming majority contain sections similar to sections 71 <br />through 74 in the example. <br />• In some instances, the council is compelled by the charter to create a comprehensive <br />ordinance which lays out the improvement/assessment process, and in some instances the <br />city can create a comprehensive ordinance if they like. <br />• In many charters, any resulting "comprehensive ordinance" is said to supersede state law <br />for the city! But in as many cases, the council has discretion as to whether they follow <br />the ordinance or Mlnnesota Statutes. Some charters are silent on that pointe <br />• Some charters refer to and adopt only those parts of Minnesota. Statutes Chapter 429 that <br />address hearings and notice, and provide the rest of the process for the city in charter or <br />' Regardless, to be valid, any such comprehensive ordinance must meet some minimum requirements regarding <br />notice and time limits outlined in Minn. Stat. § 429.021, subd. 3. <br />2 Where the charter is silent on this point, the city may proceed under either the statutes or its ordinance (M'mn. Stat. <br />§ 429.1I1). <br />
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