10-04-1995 Charter Packet Supplement

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61 CLASSIFICATION; CHARTERS 410.11 110.09 REGULATION OF FRANCHISES. Such proposed charter may provide for regulating and controlling the exercise of )rivileges and franchises in or upon the streets and other public places of the city, vhether granted by the city, by the legislature, or by any other authority; but no perpet- ial franchise or privilege shall ever be created, nor shall any exclusive franchise or priv- lege be granted, unless the proposed grant be first submitted to the voters of the city, ind be approved by a majority of those voting thereon, nor in such case for a period more than 25 years. History: (1283) RL s 753; 1973 c 123 art 5 s 7 410.10 SUBMISSION OF CHARTER. Subdivision 1. Upon delivery of such draft, the council or other governing body of the city shall cause the proposed charter to be submitted at the next general election thereafter occurring in the city within six months after the delivery of such draft, and if there is no general city election occurring in the city within six months after the deliv- ery of such draft, then the council or other governing body of the city shall cause the proposed charter to be submitted at a special election to be held within 90 days after the delivery of such draft. The council or other governing body may call a special elec- tion for that purpose only at any time. If the election is held at the same time with the general election, the voting places and election officers shall be the same for both elec- tions. At any time before the council has fixed the date of the election upon the pro- posed charter, the charter commission may recall it for further action; and the council may authorize recall of the charter by the commission at any later date prior to the first publication of the proposed charter. Subd. 2. The notice of election shall contain the complete charter and shall be pub- lished once a week for two successive weeks in the official newspaper of the city, or if there be none, in a legal newspaper of general circulation in the city. In every city of the first class, the publication shall be made in a newspaper having an aggregate regular paid circulation of at least 25,000 copies. The governing body may in addition thereto publish the notice in any other legal newspaper published in the city. Subd. 3. The ballot shall bear the printed words, "Shall the proposed new charter be adopted? Yes.... No....," with a square after each of the last two words, in which the voter may place a cross to express a choice. If any part of such charter be submitted in the alternative, the ballot shall be so printed as to permit the voter to indicate a pref- erence in any instance by inserting a cross in like manner. Subd. 4. If any charter so submitted be rejected the charter commission may pro- pose others from time to time until one is adopted. History: (1284) RL s 754; 1909 c 214 s 1; 1959 c 305 s 5; 1961 c 608 s 4; 1973 c 123 art 5 s 7; 1986 c 444 410.11 ADOPTION; NOTICE, EFFECTIVE DATE. If 51 percent of the votes cast on the proposition are in favor of the proposed char- ter, it shall be considered adopted; and, if any provisions thereof are submitted in the alternative, those ratified by a majority of the votes cast thereon shall prevail. If the charter is adopted, the city clerk shall file with the secretary of state, the county recorder of the county in which the city lies, and in the city clerk's office a copy of the charter accompanied by a certificate attesting to the accuracy of the copy and giving the date of the election and the vote by which the charter was adopted. The charter shall take effect 30 days after the election, or at such other time as is fixed in the charter, and shall then supersede all other charter provisions relating to such city. Thereupon the courts shall take judicial notice of the new charter and, upon the election of officers thereun- der, the officials of the former corporation shall deliver to them the records, money and other public property in their control. History: (1285) RL s 755; 1959 c 305 s 2; 1969 c 1027 s 1; 1973 c 123 art 5 s 7,-1976 c 181 s 2; 1986 c 444