The URL can be used to link to this page

Home My WebLink About01-11-1996 Charter Packet i AGENDA LINO LAKES CHARTER COMMISSION THURSDAY JANUARY 11, 1996 7:00 P.M. 1. Call to Order and Roll Call 2. Consideration of Minutes: A. August 8, 1995 (Still missing) B. November 30, 1995 3. Reports: A. Letter of Resignation from Judith Michau� B. Letter from Charter Commission nia�r�man, Paul Montain, to Metropolitan Council in Support of the Proposed Land Exchange C. Paul Montain and Al DeMotts Review of City of Mounds View Charter D. Chris Bernier, Lake Elmo's Procedure for Street Improvement/Repairs E. Ron Solfest and Rich Lafond, Simplify Language in Current City Charter. Information on How Other Cities Handle Street` Improvement/Repairs 4. New Business A. Consider items from Bob Bening 5. Other Business A. Set Meeting for April, 1996 6. Adjourn mil. v tl� r/..�) V . 145 University Avenue West League of Minnesota Cities St. Paul, MN 55103-2044 January 25, 1996 Mr. Ron Solfest Cardiac Pacemakers,Inc. 4100 Hamlin Avenue North St.Paul,MN 55112-5798 Re: Charter Provisions/Local Improvements Dear Mr. Solfest: I have reviewed the list of cities you faxed to Kent Sulem. Those listed below had provisions, other than§429,for handling local improvements. •Blaine " I-Mounds View -Brooklyn Center/ `•Ramse •Fridley Ham Lake -Stillwater — -Litchfield --West St. Paul Copies of the pages from the cities' charters that address local improvements are attached. In some cases,where provisions are not listed out on the charter,you might want to check with those cities directly. This information is culled from the charters that we have available. Some of the information is old and some is current. Cities may have updated or changed them in the meantime. So,these may not be the full,updated charters for each city. We are in the process of updating our charter file. The Mayor of Lino Lakes called with the same question. We are sending him this information, as well. Sincerel,, 1 I -eannette r ct Pi 44 Research; Fx cir r 7-4 R.s-e JB:rbe e ( pc( __,r C e AA-" enclosure`. /V a V R Jol1is r f . _ K s (612)281-1200 � �s' ��` %. '�?'�� ref ��1�°1�`s 2)281-1299 lk PART I THE..CHARTER* Ch. 1. Name,Boundaries,Powers and General Provisions,11 1.01-1.03 Ch.' 2. Form of Government,11 2.01-2.10 Ch. 3. Procedure of Council,If 3.01-3.11 CIL, 4. Nominations and Elections, 11 4.01— 4.08 Cb. 5. Initiative and Referendum, If 6.01-6.12 Ch. S. Administration of City Affairs, 11 6.01-6.06 'Ch. 7. Taxation and Finances,If 7.01 7.16 Ch. 8. Public Improvements and Special Assessment*, 61 8.01-8.04 Ch. 9. Eminent Domain, If 9.01---9.05 Ch. 10. Franchises, 11 10A1-10.05 Ch. 11.' Public Ownership and Operation of Utilities,11 11.01-11.06 L Ch. 12. Miscellaneous and Transitory Provisions, 11 12.01-12.11 CHAPTER 1. NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Sec. 1.01. Name and boundaries. The Village of Blaine, in the County of Anoka, State of Minnesota, shall, upon the taking effect of this charter, con- tinue to be a municipal corporation, under the name and style of the City of Blaine, with the same boundaries as now are or hereafter may be established. Sec..1.02.:Powers of the city. . The city shall have all powers which it may now or here- after be possible for a municipal corporation in this state to exercise in harmony with the constitutions of this state and of the United States. It is the intention of this charter that every power which the people of the City of Blaine might lawfully confer upon themselves, as a municipal corporation, by specific enumeration in this charter shall be deemed to have been so conferred by the provisions of this aection:This 'Editor's note--The charter,originally adopted,Nov.3,1964,is printed herein as It'appeared in revised reprinting of Dee. 5, i976; except that removal of sender referencea, directed by;Ord. No. 581,;dated July 20, 1978 (temporary charter section 1Z12),has been accomplished.Amends. tory enactments are cited•in parentheses following amended11seetioris., Supp. No.44 1 i v i § &01 BLAINE CODE CHARTER CHAPTER 8. PUBLIC IMPROVEMENTS ,�,` t' executed or of any bond issue to finance the improvem„� AND SPECIAL ASSESSMENTS when the proceeds thereof are received by the city. No flu defect, irregularity, or omission shall effect the validity Sec. 8.01. Power to make improvements and levy assessments. of any special assessment levied for an improvement, except The city shall have the power to make any and every type to the extent, if any, that such defect, irregularity, or of public improvement not forbidden by the laws of this state omission impairs the constitutional right of each property and to levy special assessments to pay all or any part of the owner to effective notice of and opportunity for hearing on cost of such improvements as are of a local character. The the question whether the assessment exceeds the benefit re- amounts assessed to benefitted property to pay for such local sulting from the improvement to the property upon which it improvement may equal the coat of the improvement, includ- ing all costs and expenses connected therewith, with interest, Sec. 8.04. Public works; how performed. until paid, but shall in no case exceed the benefits to the property. Public works, including all local improvements, may be constructed, extended, repaired and maintained either by day See. &02. Assessments for services. labor or by contract. The city shall require contractors to The council may provide by ordinance that the cost of give bonds for the protection of the city and all persons any,service to streets, sidewalks, or other public property, furnishing labor and materials, pursuant to the laws of the or the costs of any,services to other property undertaken by state pertaining to and governing public works. the city may;be assessed against the property benefited and CHAPTER 9. EMINENT DOMAIN collected in..like manner as are special assessments. Sec. 8.03. Local improvements;regulations. Sec. 9.01. Power to acquire property. The.coulicil may prepare and adopt a comprehensive The city is hereby impowered to acquire by purchase, gift, ordi- nance describing'the procedure;which: shall 'be followed in devise, or condemnation, any property, corporeal or incorpo- ! malting local improvements:artd; Ie' real, either within or without its corporate boundaries, which gvynng assessments there- for. Such ordinance may be amended only"by an affirmative may be needed by the city for any public use or purpose. Ease- vote of at least five (6) members of the council. Local im- ments'for slopes,-fills, sewers, building lines, poles, wires, provementa may also be made and assessments levied there- pipes, and conduits for water, gas, heat, and power may be for as prescribed by state law unless""such ordinance if au- acquired by gift, .devise,'purchase or condemnation in the thorized by state law, provides that such manner provided by law. proceedings shall be taken only in accordance with provisions o1`,the ordinance. Sec. 9.02. Proceedings in acquiring property. No defect, irregularity or omission of`.%any kind in any pro- seeding taken in the sutl'►orizaton of:any improvements.or The`necessity for taking of any property by the city shall the making of any contract or the levy of any assessment be determined by the council and shall be declared by a reso- thereor, or in the giving of sity;notice•or the holding of any lution:which shall 'describe such' property as nearly as may hearing in connection therewith, shall affectthe validity fof be.and state the use to which ;it is to be devoted. The ac- any contract for the making of the improvement when it is quisition of 'such property may be accomplished by legal 28 29 z BROOKLYN CENTER CITY CHARTER 1995 . oX;!OVI .i;S '� 2,i� ..4u��.t""'"•� k'�`i��1�Y,�'++.S n•• _ t • ,i t 40 r s MR 8 PLTBLIG IMPROVEMENTS AND SPECIAL ASSESSMENT'S` Section 8.01. PciWRR'r0 MAKE IMPROVEMENT'S ANDLEVY SSESSMFNTC_ The Cit} shall have the power to make aay and every type of public improvement not forbidden by the laws;of this State and to levy special assessments for all or any part to the cost of such improvements as:are of a Iocal character,'pursuant to the laws`of the State of Minnesota, Section 8.02 '�►S_ P= SMF�1'1 FOR SER)aM. Ile Council may provide by ordinance that the cost of snow,=rubbish: or weed:removal,-.and sprinkling or any other service to streets; sidewalks, or other public property,*or the cost of any service to other property, undertaken by the City maybe assessed against the property benefited and collected in like manner as are special assessments. Sian 8.tl3: ��K;A► IWROWN ENTS REGUI.AnONS. After this charter takes effect local improvements commenced prior thereto shall be completed and assessments may,be levied and securities issued for: the financing thereof-as prescribed by the law applicoie thereto. The Council may prepare and adopt a comprehensive ordinance prescribing procedure which shall be followed'thereafter in making all local improvements and levying assessments therefor. Such ordinances shall be amended only by an affirmative vote of at.least four-fifths 6)5) of the members of the Council. In the absence of such ordinances ali local improvements may be made and assessments levied therefor as prescribed by any applicable . law. Section 8.04. PiTIILIC WORKS: HOW PERFORMED. Public works, including all local improvements,may be constructed, extended,repaired, and maintained either directly by day labor or by contract. The City shall require contractors to give bonds or other guarantees approved by the%City Manager for the protection of the City and all persons furnishing labor and materials pursuant to the laws of the State. -20- r rTHS CHARTE R - a T ,H ..E C I T Y : �� F R I D L E Y 8.04 F � CHAPTER 8 PUBLIC IMPROVEMENTSX AND SPECIAL ASSESSMENTS Section 8.01. THE 1CITYS PLAN. The present Village zoning plan shall be the plan for future physical development of the City. Such plan may be altered from time `to time. = To alter such a plan, the City Council shall hold a public hearing and notice published fourteen (14) days prior to hearing with notices sent to affected property owners. It may include provisions ''for zoning, for the platting and development of new areas, for the planning and location of public works of art, public buildings, ' parks, playgrounds, bridges, transportation . , fines, and other, public facilities, and for. laying out,. grading T improving of streets and public places as well as for all other matters which may seem essential to such a plan. ;J Sec ion 8`.02. ENFORCEMENT OF CITY PLAN. The Council shall have all necessary power, acting through the City Manager, to enforce complete adherence by all persons to the plan adopted as provided above, and to adopt and enforce a comprehensive zoning ordinance. The Council-shall have power to pass ordinances to regulate the use of private property, the height of buildings, and the proportion of the area of any lot which may be built upon and to establish building -lines. Such power shall be exercised to promote public health, safety, morals, welfare and convenience. Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS. The City shall have the power to make any and every type of public improvement not forbidden -by the laws of the State and to levy W . special assessments to pay for all such improvements as are of a . local character. The amounts assessed tp benefited property to pay -for such local improvements may equal the cost of the improvements, including all costs and expenses connected therewith, with interest, until paid, but shall not exceed the benefits to- the property. Section 8.04. LOCAL IMPROVEMENT REGULATIONS. After this Charter takes effect, all local improvements shall continue for the time being to be made under the laws and ordinances applicable thereto. The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure which shall determine all matters pertaining to the making of local improvements thereafter, and such ordinance shall supplant all 10/05/89 t: d( 8.05 ` other provisions of law on the same subject and may be amended only by an affirmative a`vote of at least four (4) members of the City Council. Such ordinance shall provide for such notice and hearing in the ordering of aimprovements and the making of assessments therefore as. shall be necessary . to meet constitutional requirements. Such ordinance shall also require a petition of a majority,An number and interest of the owners of property to be assessed for such improvement, or improvements, for the initiation thereof; provided that the City Council may proceed upon its own initiative hereunder and under such ordinance by resolution adopted by five (5). affirmative votes of the City Council after a proper notice and hearing. (Ref.\Ord.\776) Section 8.05. PUBLIC WORKS HOW PERFORMED. 1. Public works including all- local improvements, may be constructed, extended, repaired or maintained either by contract or, if the estimated cost is less than one thousand dollars ($1,000) , directly- by day labor. Before receiving bids the City Manager shall, under the direction of the City Council have suitable plans and. specifications- prepared for the proposed material or project and estimate of the cost thereof in detail. The award of any contract amounting to _ more than ten thousand dollars ($10,000) shall require an affirmative vote of. -at least four (4) members of the City Council. When the best. interest "of the City will be served • . thereby, the City Council may organize a construction department -under competent supervision and provided with suitable equipment. (Ref. Ord: 776) 2. The right is reserved to the City Council, upon the recommendation of an: engineer, acting through the construction department, to bid on, any work to be let by contract. All contracts' shall be `let' ta the lowest responsible bidder, but the term "lowest responsible bidder" shall be interpreted as giving the City. Council the right to accept any bid which it determines' to be most advantageous to the City. The City Council shall reserve the, right to reject any or all bids. Detailed proceedings governing the advertisement for bids and the :'execution of the contract shall be prescribed by ordinance. . The City. shall require contractors to furnish proper bonds for the protection of the City, the employees and material person. (Ref. Ord_ 776) IV-ft- 10/05/89 Ham Lake City Charter Revised November 1990 } CHAPTER EIGHT PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS SECTION 8.01 Power to_ Make Improvements and e� Assessments The City may make any type of public improvement' 'not forbidden by law and levy special assessments to pay all or any part of .the cost of such improvements as are of local character. The total assessments for any local improvement may not exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. No assessment shall exceed the benefits to the property. SECTION 8.02 Assessments for Services The Council may provide by ordinance that the cost of City services to streets, sidewalks, or other public or private property may be assessed against property benefited and collected in the same manner a s special assessments. SECTION 8.03 Local Improvement Procedure When the City undertakes any local improvement to which the State local improvement code applies, it shall compi with the provisions of that law. The Council may by '�z3j4`' P<�. - ordinance prescribe the procedure to be followed in making any other local improvement and levying assessments therefor. d,d. � I r1,JrpJ Zfy:ln�.. Page 17 r Jw d a' iaz.r a,�•T 1 ;� 1,r h la° 4 •.-c a �, a„/• y.,.. .sY. k)tNfat..ir 2uY'•d�� _ZS r r.�'��f t.9�{�:�aFsi3 �tf rs'.+'.r�,�t avidy i t w`�a,'�� htrPr9Sr`e>_!r tt � t�Rdt _+,- �1 i� .yy�' a /� , / r ems.ir'+(a4t +,L.'4 3 �ti•n� ,. ? I I� w C`Y 33aP .,_a1y Pi 1 !�,f f i r ri isaSl��i F j �,c i- /�p�1y a! ��• l M --�� aY��"' �,1vj iur,/� Wa?P''r^.a°2/fir T63 `;f a�j'�vy�:IR��fa(s'�"a'cP°2 yak;t'' >s �lro + ''- °�� r J• ly. d '.ar :i Si-s+t T n; l �f a r +• ��rs.it-��)D h .r -.•. 3Jtt 'yrSa�, Fi ( -_'i lityr .sr�, r�yJi�.ti�f!Rr a.05:..s T n lya�' ir�.,> y y _,.r ` ' 17r �F yay-rlf }✓iy 1 �,iy/ r'� t ` Y ; 4 J'`� r r � f� i an TT 3 k-. ♦+ a - � •° 'sit � �2-d� 'r^f� •°t<rY ` + •.v s +' :r T��4.v,`,S itir q ��J��r� u .Y •h .3 al..it+ _a '1 rl�' +}w•'9� a»n 4��7� 9 t.. S•rt Pr„>f'd 1 q, � a.. l � ✓a .-i•- .. a �,P ( , r t ; ex r t 1 �! SSL„��, T�.� i. �•t`Y 1 S�1 ✓.K�-. i• �q`A Y•�� '� .�•�+.!.�r r8 s✓r.l•Jti' � .' r W 1' d� +y qt i✓�i Y 1i,4 ".! �IH 9 J(( l7 +k-t� � z s �'^a'r 't rar�.s r , „t 2 2 �• �. r4'7'Cib3 y'S-5.6 �- f y rz :�"tL''•+f.��1r �t{,rif�j��.ei`r,�' ��tyi'o-..H`el�"`i�Y`�i Ha)n�,,,�sf'� �•'^✓s'11;i '�-.�k�i� '1 < r' , ¢ :N+A l .� „� ae.,E3 1 2• a A `s� ° r � - •- 57.YurFa ( a r t rFa � rs Sk > >'�• ss) r.-,-Z'^f t 1 -ova;tip f e t .-.sv .s.. 4 t'. i j+ata�:Y�A=-fr fjr Y.>re'�;Y{N•`�•ts/�e+t�'F•b°9t.'�`}1�;9".�'�r.5�1'��4h�llS4tYt�t'LTi�g1'i�oc�+Jxr�vb�4'.�-Ir'tl`7rY�`S.St Par, _ . •..4aix:el'syse• - y .e. ira�'_..,r.'�>•h•r'.t.:;r,:�.,.s�, sufl� ti-, v.iyk•�rb�•,�{ ric��,,:±i••+s+ �' .:s?t.+� _i , �� •� `r 1y`�J ,¢t`fir+' � (,wt I1 . i S.:k P r t r tr rr„rr +.'.,�a IP s -a... -7s�•i�r�4 r i '.f' ''e "t ,��V� �• .,.: S:i• �l'-/ rtv•,fir tf•� -y. T : ` ` . ,F {, Y3Y -As uY; ••! >.- ..iY n'/tk 1 r S.:Q<Nt!! S N" rrtP •i h) �..i T +'^'.- Y• 1 l a ' 28 HOME RULE CHARTER—CITY OF LITCHFIELD time or.times and under such terms`as the council may deem for the best interests of the city. They shall be payable solely from the public utility`fund and the city shall be expressly relieved by the terms thereof to levy, collect, use or apply any moneys received or to be received from taxation for the payment of either principal or interest t on such'certificates except for the payment of charges for ` L service rendered or benefits received by the city. Any resolution Issuance of und this secon may con- authorizing e fa s c covenants h which willrtificates be binding on the city a ins the council : may deem advisable to assist in the sale of such certificates. Any resolution authorizing the issuance of any such certificates may be amended as to any of its provisions by subsequent resolution or resolutions adopted prior to the actual delivery of the certificates therein authorized. None of the provisions of Chapter 21B of Mason's 1927 Minnesota Statutes; and acts amendatory or supplemental thereto, relating to regulations of sales of stocks, bonds and other securities, shall be 8 s ti applicable to the certificates issued pursuant to this section. The validity of such certificates shall not be dependent on or affected by im validity or regularity of any proceedings relating to the project for which the certificates are issued. The resolution authorizing such certificates may provide that the certificates shall contain a recital that they are issued pursuant to this section, which recital t shall be conclusive evidence of the validity and regularity of their ` issuance. Such certificates shall not be included in determining the net indebtedness of the city under this charter or applicable law. E The council shall have the power to issue refunding revenue cer- tificates to refund any such public utility revenue certificates previ- .4 t ously issued when the funds on hand in the public utility fund are insufficient to meet any maturing public utility revenue certificates or interest or to refund any such certificates at their optional or callable dates where such certificates are when issued made option- al or callable at some time prior to their maturity date. The issu. ' ance of such refunding certificates shall be authorized by a resolu- tion of the council and shall constitute the same lien or charge on the public utility fund as did the certificates refunded. CHAPTER 8 Public improvements and special assessments Sec. 800. The city plan. The city council shall, with the assistance of an engineer or an advisory city planning commission, if either or both be appointed by the city council, and such other service that it may deem necessary, prepare and adopt by ordinance a complete plan for the physical development of the city. Such plan may be altered from time to time in the same manner. The plan shall include provisions for zoning to regulate the location, size, use and height of buildings, the arrangement of buildings on lots, and the density of HOMS RILE CFIAIITER—CITY,OF LITCHFIF.T,T) 20 population in the city and may make varied regulations for the diff ere t districts thereof; Iand may ;include jprovisions for platting and development of new areas, for the planning and location of public works of art, public buildings. parks, ptaygronnds; bridges, transporta- tion lines and other•public facilities and for the laying out, grading, and improving the 'streets, streams and public places, as well as.Rog all:.other matters which may seem essential to such plan. Sec. 80I. Enforcement of the city plan. The city council shall have all necessary power to compel complete adherence by all persona to the plan adopted and till officers are charged with the duty (4 r reporting to the city council all departures' from the city plan which .fix come to their attention. Sec. 802. Power to make improvements and levy assessments. The j City of Litchfield shalt have the power to make any and every type ^ e of public improvement not forbidden by the laws of this state, and to Tevy special assessments for all such as are of a local character. 'The amounts assessed to benefited property to. pay for loca l'improvements` may equal he cost of the improvement with interest until paid, but _ shall in no case exceed the value`of the benefits received by such property r 44 - s Sec. 803. Localimprovements regulations. After this charter takes -effect local improvements shall continue for the time being to be made as `far as possible according 1 to the charter provisions and laws pre- viously applicable thereto. As soon as possible, however, the council shalt prepare and adopt a complete ordinance covering every type of pablic improvement, and when- this ordinance takes effect it shall t•;M r' - supplant other provisions of law or charter upon the same subject It may be amended from time to time as other ordinances, It shall classify public improvements into three groups, as follows: first, those which shall be constructed or provided entirely from the -general revenues of the city; second, those which shall be constructed or provided partly from general`revenues and partly from special assess- ments; and third,those which shall be constructed or provided entirely by special assessments. The 'second class may be further subdivided. The ordinance shall provide a.complete working code, covering petitions of resident'property owners, the determination of assessments and ,x assessment::districts, public bearings, appeals from assessments and the.trial thereof, reassessments; the spreading of the assessments over- .a period of not to exceed ten years, the collection of assessments along with other':taxes or otherwise, penalties for delinquency in makin,, payments,.and all`other''matters appropriate to the subject of local Improvements:and.assessments.' After the passage of such ordinance, all resolutions Providing for public improvements shall conform to the Sec. 804. Public works; how performed. Public works including regulations laid down In such ordinance. 77 — So F1OME RULE CH RTER—CITY OF LITCHFIELT) all tocal Improvements,:maybe constructed,extended, repaired'and main - fained either by contract, by any agency of the state or federal gov- ernment'providing work on a relief basis and in lieu of direct relief, or,when authorized by the council, directly by a city department in conformity with plane; specifications and estimates. Before receiving T bids the city`clerk shall, under the directionof the council, have snit- able plans and speci$cations prepared for the proposed material or project and the estimate of the cost.thereof in detail. The award of any contract amounting to more than ten thousand dollars shall rP- t quire a five-sixths vote of the council. When the best interests of the city will be served thereby, the city council may organize a construe- tion department under competent supervision and provide it witb suitable equipment The right is reserved to the city council, upon the recommendation of an engineer to perform any work to be let by contract through its construction department. All contracts shall be let to the lowest responsible bidder, but the term "lowest responsible bidder" shall be interpreted as giving the council the right to accept any bid which it determines to be most advantageous to the city. The t council shall reserve the right to reject any or all bids. Detailed pro- ceedings governing the advertisement for bids and the execution of the contract shall be prescribed by ordinance. The city shall require Y , contractors to furnish proper bonds for the protection of the city, thr .employees and material men. CHAPTER 9 ?: Eminent domain Sec. 900. Power to acquire property. The City of Litchfield is hereby empowered to acquire, by.purchase, gift, devise, or condemna- tion, any property, corporeal or incorporeal, either within or without Its corporate boundaries, which may be needed by said city for-any � t�K ' public use or purpose.•In addition to the power to acquire property for other public purposes, the city q provided, a � p tY may also acquire, as herein any gas, water, heat, power, light, telephone or other plant or other public utility. Easements for slopes, fills, sewers, building lines, poles. wires, pipes, and conduits for water, gas, heat, and power may be acquired by gift, devise, purchase or condemnation in the manner pro- vided by law. Sec. 901. Proceedings in taking property. The necessity for the taking of any property by the city shall be determined by the council and shall be declared by a resolution which shall describe such property as nearly as may be and state the use to which it is to be devoted. The acquisition of such property may be accomplished by proceedings Lit law, as in taking land for public use by right of eminent domain according to the laws of this state, except as otherwise provided in this charter. {f i .t CHARTER CITY OF MOUNDS VIEW, MIMSOTA OCTOBER 112 1979 i exceed three years. ` A tax sufficient to pay principal and interest on such certificates with the margin required by law shall be levied as required by law. The;ordinance authorizing the issue of such emergency debt certificates shall state the nature of the emergency and be approved by at least three members Of the council. It may be passed as an emergency ordinance. Subd. 2. A description of each such proposed certificate shall be published in the city newsletter, but failure to give such description, or any defect in the description, shall not invalidate the certificate. CHAPTER 8 PUBLIC IMPRgVEME�I'I'S AND SPECIAL ASSESSME M Sec. 8.01. Power to make Improvements and Levy Assessments. The city may make any type of public improvement not forbidden by law and levy special assess- ments-to pay all or any part of the cost of such improvements as are of a local character. The total assessments for any local improvement may not exceed the cost of the improvement, including all costs and expenses connected therewith, with interest. Na assessment shall exceed the benefits to the property. Sec. 8.02. Effective `Charter Provisions. Local improvements (the term "local improvement" shall mean a public improvement financed partly or wholly from special assessments) shall be carried out exclusively under the provisions of this charter. See. 8Ale Local Improvement .Crdinances and Regulations. Within 90 days after this charter goes into effect, the council shall enact suitable ordinance(s) ' r governing local improvements and special assessments. The ordinance(s) shall provide a complete. werking code covering the determination of assessments and assessment -24- '%a districts, public hearings, appeals from a collection of assessments, penalties for delinquency in making payments, financing of said assessments, and the cert- ifying of unpaid assessments for collection by the proper county officer. Said or�dinance(s) shall also provide for installment payments and notices to be given thereof, appellate procedure, re assessment, if necessary, and all other matters appropriate to the subject of local improvements and assessments. After the adoption of such ordinances) prnvding for local improvements, all procedures in compliance therewith shalliconform to the regulations as set forth in such ordinance(s) and as otherwise contained in this charter.' Sec. 8.0 . Procedure. Subdivision 1. All improvements to be paid for by special assessments against the benefited property shall be instituted by either, (1) the petition of at .least twenty-five percent in number of the benefited property owners together with a resolution adopted by an affirmative vote of the majority of all of the council, or, (2) a resolution adopted by a four-fifths affirmative vote of all of the council. The council resolution shall state the nature and scope of the proposed improvement, and shall provide means to obtain a cost estimate which shall set. forth the cost of the improvement 'both in unit price and in total thereof. Upon. receipt of such estimate, the council. shall by resolution set a date for a public hearing on the proposed improvement,; setting forth therein the time, place and purpose of such hearing. such resolution`shall be described in the city newsletter and published twice at least one week apart in the official newspaper of the city no less than two weeks prior to the date of said hearing, and in addition thereto,-a copy of such resolution including estimated unit prices and estimated total, price thereof shall be mailed to .each benefited property owner at his/her last known address at least two weeks prior to the date of said hearing. -25- Failure to` give `mailed notice, or any defects in the notice, shall not invalidate the proceedings. At such hearing the city council shall receive any written and or statements, and hear, any petitioners for or against the proposed improvement*. A period of sixty days shall elapse after the public hearing before any further action shall be taken by the council on the proposed improvement. If within such sixty day period, a petition against such improvement be filed with the council, signed by a maiority of the owners proposed to be assessed for the improvement, or, when the im- provemerit has been petitioned for, signed by a number of the owners proposed to be assessed for such improvement at least equal to the number of those who petitioned for the improvement, the council shall not make such improvement at the expense of the property benefited, unless, in the meantime, there be filed with the council a petition asking that the improvement be made, signed by property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the j govement; in which event the council may disregard-the petition against the im- provement. Any person whose name appears on a petition to the council for a local im- provement, or on'A petition to the council against a local improvement, may withdraw his/her name by a statement in writing filed with the council before such petition is presented to the council. Subd. 2. Regardless of the provisions in subd. 1, when less than 100 percent of the estimated cost of a proposed local improvement is to be paid for by special assess- ment, within the sixty day period after a public hearing has been held on the proposed improvement, a petition may be filed with the council, signed by a majority of the numbev of electors who voted for mayor in the last regular municipal election, Fro- testing against either the improvement, or the assessment formula, or both. In this event, the council shall not proceed with the improvement, as proposed. Subd. 3. When a proposed improvement is allowed-under the foregoing subdivisions, the council may proceed at anytime between sixty days and one year after the public -26- t�a1rig on the improvement. However, no contract shall be let in the event that the current proposed contract exceeds the estimated cost ' by more than ten percent. y Subd. 4 When a proposed improvement is disallowed under the foregoing sub- divisions,' the council shall not vote on the same improvement within a period of one year after the public hearing on said Uproverrent. Sec. 8.05. Assessments for Services. The council may provide by ordinance that the cost of city services to streets, sidewalks, or other public or private property may be assessed against property benefited and may be collected in the same manner as special assessments. Such costs shall not be deemed to be "special assessments" for the purposes set forth in section 8.03 of this chapter. CHAPTER 9 EMBEW DOMAIN Sec. 9.01. Acquisition of Property. The city may acquire by purchase, gift, con- demlation, ``or otherwise, any real property, either within or without its boundaries, that may be needed by the city for any public purpose. In acquiring property by exercising the power of eminent domain, the city shall proceed according to Minnesota law, Chapter. 117, or other applicable laws. CHAPTER 10 FRANCHISES Sec. 10.01. Except as otherwise provided by state law, no person, firm or corpor- ation shall place or`maintain any permanent or semi-permanent fixtures in, over, upon or under any street or public place for the purpose of operating a public utility, or for arty other purpose, without a franchise therefor from the city. A franchise shall -27- ` it /y! yY t tit ~ Jt Y'C (/ 1y p +4 �7j,4Fu tij1�,Ah 7rbJ+`4 I , �,.,� F r�e�,',� / �'at t.•.r�r k+' Yr.TI i��L f h ¢r 1rrr�Y} r :r ♦ 1 tl ij?Y�lt1�1'�Vl� A t , rY71q 4i`J�1 xi°1f i5Xtiw�`t/Ifif t�M 'Y�r�j�.,�eYS+�r� �'+t ,itt g r r 1 1 'ww1 �✓ '77 s aitth� :i' i �'t } r v {aw jar+ i"ril >i1 ��j{f' iE3f srr !N.°` r } �r.... 1 f.y r ��< ';�.�+ it .1 ':y to ••� �f,7r} r , r? S _� t � }I � a.. 'Y�: 1 •• l�.ff;-i . w �rEp Z.}�,, i�+ �(�, � 11•r,}I'� �^1 x r 1.4'a,tr+ +�^V" tah�t, •'r�r P 1�',��rcrr ar�;�W f i �'f„Cr ' ' ' 1 � •� i t� t � n " V -„� � t >,`' v� 1.}i:'` 1 I�../60.pp t 3 �,rFt ..t. p - la: fzji. .,IE '11 t ��"�MS,),r. li �/ r1J�I �.1;• r ::4 1 I�� i� 1T•"i�(t �.� ,� �� p t��`{ i�'t t r 1�� X v /i ,Y -. 'x'• .,l.t r rJ rj'$jjtt�tt'' !`'r'(' y \ �t �,: ,t � r[ 4t,,n:r 5 Z J+'f'��3�,tl�r J x.r- yr tK.� r y�( �1.p i,�}5 y r Y • I .•,�. V .'...f}•(!l S a�ite' b � °�� ! LI`f.t.�i.l ,Ct,%�sr 9 S q 1 J .'1 i. '7 t I} ��7A�,V l� 1 l t43' �✓lk+�>7q /�^T`�„{tC f,=,uFf�1 i�r r + ni. �� r6 i j L.7 �• � 1 � �1 r .' x� fJ kp�4s�� •`�tla_+iu��*�1�+r4r� 1ii 1 1 . ' 1 `1lff>',y`'��l�hr r�`+L yt r ,..,y. r♦y�/ r � '' - > -I ! 1 1 1 l!'�. ,jr 1 relr z's 1 l � j� t.; Jy.. T4iti,(y y,.� � �c�i.�,7'"��'r�� `V�t ��r5�• j) rl r V'+I r< !I y ) r4 r � / t J t t -1 t �J,I� r att ry vA r� 1,,,,ff�✓�`�irMfpy t r -Pr ru„f.R,''yi ! >r ev ' � '} � 6 } t -..��' +r. i i�i -7ti ,, , r i f ' y � t� i�•, f/� y', 1 ` t } ,.. i� V � k M tH.•r ! f �1,r/ /'� 'f. ��' 1'� i t r /: A,f' iA''•Y +i i1+�;1 ss�,."� r } I q _ f6. 1. <`' Y � ♦ Y.A'' � + 1 ?( f 1 t °a;1 �'I f�tP'7tT..3't`vz! ,rA r... � Y S{ {.S 1 r 51 � - S %a ,.r � 1 '. �. ' ' � ! :..i t t. :;r. •"4 t.+'�1'"��... t r 1. s ! j - t �/ -u;,y, 11 r y rr \ 'i `u• \ Y� 1`Slt c� � } }t b� IJ .r�J t��`�.. J� >r 1..1�•''•V }r. �'11 � �� '�'`' b'.,''1 N�4 �, e rl jx J �r. , 1rF�• tr n It u ', i�r� � �S��7t i {'�{� r .1d �r�� T '� '�'+, 1t f p•.J ) r. '�. 44 T"'x, �' f ` `�,� ,<i , S � � r r 1 r ✓,ry r _r /).j_. ); +3� 1} yy it's i�.{J 4 k�diYm �''r"� / eu ,:r' y,�l r.,,U.c'• �y�p-H'4f+w sb if'7�F I+tr�f•va'+lit't.tits bracdyLS A.�sc�' 3xq !j'16:1 ,�}tt';jr+lk� "`.'1!r'6' , .2, �� tiy+c''J� r+ nsr .'i.r. i" .•�'t ".tit`�'.�,�� }(())S••ft�, - l �u S 1 }( tt7 'rrJ) Y'.;4: r�Zx r/•,,4' 3,?Ap�� ,�}�L � `{{�w� {iY 5.��PI+`Ir��` 9{:"�i � +�� :�iF'��. j ��1� �� H't't`tr,�� .k'4.fv I �Y! F �`�r ♦ �= � :.c .r iij �f' i•i( F 11��, ��r s � � �:Y rf{ r`` ';ref a�.� � Wti h }. x ,/ ! � + � v {rt '`I 1 I tr 1/p/lr f T tvA/}ti /� fq•, ."' J s µ<.5 eR rtt`}+ 1 ''�. � r ATI S :L >L y � )f'.,•{ 1 i 1 +1 3`4 Jy� I + Lr j' cfrk��y fa r 1:1•�y.;r;�1�t4r � 6��L h 1 r � W �'�• r "+t 3.�'• r r t x 1 � 7 � 4 � x �,A. 'S: '�'.1.v1� ,S`� '��)P 3 C�_x�{3«/ 1iJ r r�,lf �Il��:: t�� , , t�i��f � r t�r5�d�fl� �•1+�A ��,�Jf�.�Y �kf�f3�'��t��kr+i �t.ir +t `.' )�b ' ,�( llM}IF3`i:G li'} � v'6:rt�u /'+'� ��1��'�tkt lYl/��T�` 41f1•+(;`.+,j�` MrJ` d d`J I�yi�i�,+. fj�r :� r ``��/-�i✓. »yj �.Lly�p` r ? a /.• 9 / B 1 r' I i r � Sv. + e/'l r �i r ..i JY,+ 3 7,Ir1 d r � I!• ,�'`a g �r. ,� F �1 x r i �} y, tht Iit.+�1f>��'�:ifj � �'�`7�)�r��7��7ebhlft��Yt'n+kYrr+tf.J[ �5'r��i.�.y/IR�1'�il f�•J}'�;j1�:�7:, y. 1�: It' •:�,$ 1p C + 4:l{,rt r Y� + y�f �.til �� \thy;.:r /!t'r :'1 r r'.� � iY�l N. t�`�f�k � >14' y �>CY a,y{� ��'�`t � ��'C r��, g{i��'Mk � /�IIM'A. �i�b��l�xflr �' 1� r- }r��y7, �'•, t b ter"'Jwrt.f � n !'h h.;iJ� y 4�i '� i�rt- � 'rn y� r r�:,• Sr4.,n /j(J` �;1 � n'F1�C��>d;, � >��d; t 01 �° 7� 1> t t �- / !(t�t�,j 1 "1"ti:,•a �� iJ.,}.'t 'fi 1 ',j� � j � •� �I� �� i CHAPTER S PUBLIC''IMPROVEMENTS AND SPECIAL ASSESSMENTS Section `8.1 Power, to Make improvements and Levy Assessments. The city may make any type of local improvement not forbidden by law and.levy special assessments to pay all or part of the cost of such local improvements. The total of the assessments for any local improvement may not exceed the cost of the local improvement, plus all costs and expenses connected therewith, including interest. No assessment shall exceed the benefit to the property assessed as measured by the increase in the market value of the property assessed as a result of local improvement. Section 8.2 Application of Charter. All local improvement projects shall be carried out exclusively under the provisions of this charter. The term "local improvement" as used in, this section shall mean a public improvement financed partly or wholly from special assessments. Section 8.3 Assessments for Services. The council may provide by ordinance`that the cost of the city services to streets, sidewalks, or other public or private property may be assessed against property benefitted and may be collected in the same manner as special assessments. Section 8.4 Local Improvement Procedure. When the city undertakes any local improvement to which the state local improvement code applies,it shall comply with the provisions of that law,except as modified below. The council may by ordinance prescribe the procedure to be followed in making any other local improvement and levying assessments therefore. 8.4.1 Sixty Day Waiting Period. A period of sixty (60) days shall elapse after the conclusion of the public hearing required by law to precede the ordering of the construction of a local improvement project(the "Public Hearing")before the actual ordering of the local improvement by the council and the council entering into a contract for the local improvement construction. 84.2 Petition Against the Local Improvement. If the proposed local improvement was initiated by petition of the owners of the real property abutting on the streets named in the petition,and if,within thirty (30) days of the conclusion of the public hearing, a petition against such local improvement is filed with the city administrator and which petition is signed by a percentage of the owners of the real property abutting on the streets named in the initiating petition as the location of the improvement which percentage is greater than the percentage of owners who signed the initiating petition, the council shall not make such local improvement at the expense of the said abutting property owners. 8.4.3 Counter Petition in Favor of the Improvement. If within thirty (30) days of the filing with the city administrator of a petition against the local improvement as described in Section 84.2 above,there is filed with the city administrator a petition in favor of the local improvement,%signed by owners of the real property abutting on the streets named in`the initiating petition as the location of the improvement, is a percentage greater than the percent'of owners who signed the petition against the local improvement, then to such event the council may disregard the petition against the local improvement and proceed with the local inYprovement. 8.4.4 Petition Against Council Initiated Improvement. If the local improvement was initiated by council resolution without an initiating petition and, within sixty (60) days; of the conclusion of the public hearing, a petition is filed with the city administrator against such local improvement and which petition is signed by greater than 50 percent of the owners of all the real property parcels proposed to be assessed for and 4 r benefitted by the local improvement, the council shall not make such local improvement at the expense of the benefitted property owners. &4.5 Withdrawal of Name from Petition. Any person whose name appears on a petition to the council in favor of a Local improvement, or on a petition to the council filed against a local improvement,may withdraw his/her name by a statement in writing filed with the city administrator before such petition is presented to the council or in person at a city council meeting before the city council accepts said petition. 8.4.7 Filing of Petition with City Council. All completed petitions filed'with the city administrator as described herein shall be presented to the council by the city administrator at the councils next regularly scheduled meeting. 8.4.8 One Year Before Any Further Action. When a proposed local improvement is disallowed pursuant to the petition process described in the foregoing sections, the council shall not vote on the same improvement within a period of one year after the public hearing on said improvement. Section 85 Computation of Time. Where the performance or doing of any act or matter is required by this charter,and the period of time is prescribed and fixed by this charter,the time shall be computers o as s to exclude the first and include the last day of the prescribed or fixed period of time. When the last day of the period falls on a Saturday,Sunday,or a legal holiday,that day shall be omitted from the computation. - Section%8.1 through 8.5 Amended Effective January 25, 1993 i i i 17 x. CHARTER 5 yl i ]1' J' �Y a, • v S Fiy'S'c "k� t �L'•i�+'�w;,4�'A`jyTir.3i i&�e> ail y� _ _ �Y R � � _ •3 C '1 i 2 >'{� � 4C '�'�F 'fir f , r k ' '}'tw 2Wi Ilv - City of . : STILLWATER-�-� . . v Minnesota , -::� t,�'. . t officials ARTICLE XI nt. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS 11.61 Power to make'improvements and levy assessments.The City may ,e bonds; make any'type 0.public improvement and levy special assessments to pay all or part ofahe cost of such improvements as are of a local character. The total follows:' assessments for any..local improvement may not exceed the cost of the improvement, including'all costs and expenses connected therewith, with ny public interest.-No assessment shaU exceed the benefits to the property. seeded in or other 11.02 Local improvement procedure.When the City undertakes any local he public improvement to which the state local improvement code applies,it shall comply :;; therewith :•y� + with the provisions of that law.The Council may by ordinance prescribe the fence of procedure to be followed in making any other local improvement and levying assessments therefor. ments in. ARTICLE s L X11 1 ry exempt EMINENT DOMAIN u r w Cited by a ,12,01 Authgrity.of City.The City is hereby empowered to take, destroy a general or damage by proceedings in condemnation any real or personal property or ` ying and interest therein,wherever situated, which may be needed by the City for any public use or purpose. The necessity for taking, destroying or damaging any ' property for public use or purpose shall be first determined by resolution of y bonded x the Council,which resolution shall in a general way describe the property so irter goes -:.to be taken; destroyed or damaged. 3, { s charter. 1Z.02 Procedure. The procedure in the events of condemnation'shall be that prescribed in Chapter 117 of the Minnesota Statutes as it now exists or is from time to time amended. any form ARTICLE XIII :city may. BOARD OF WATER COMMISSIONERS it pertains i` t 13.01 How created. The system of water works owned and operated by the City shall be under the control and management of a Board of Water - L `. ?;:.;k�::: •': Commissioners. lebtedness 13.02 Authority. A majority of the Board shall constitute a quorum, and y election all contracts and engagements, acts and doings of the Board within the scope of its duty and authority shall be obligatory upon and as binding in law as 11 c• 4j i is 3 T V 4�3 k 1 f yt :CIUAIVNYIM . WExh T ,AINT VAUL MINN S S ESOT,� 4d �: 9 Fi•t t C l{ ,ty� W. 7:44c. <r1SS9 19S9 .-. •! ff Ov f t tt r "4 rye tM$�t r vs Wow F , i'A�' .r yrt•'�'1"'+t b-,. -tx T r .. . AID$.' � � �$ R'X �• ti i Htv ta �rX,•,t �� Y l i ya• _ ,b t, ra19 .. i� caY.,- '' irl..•.tt�1.,-, h:iy -'r` y,.k''-y �.Y •:.aa :t t�`5•T �� 15 _ 1 ya 1:4 Y`E�ygo�y,v -y�l-./-��qp--'...i�V l" '.vi.rr!< r?t>r N�Y� T ly';y{;. ��i�fi`�'YY�k-,�•. t ! ;r CITY OF WEST ST. PAUL WEST ST. PAUL �- 1616 HUMBOLDT AVENUE DIANNE R KRoGH WEST ST.PAUL,MN 55118 city Ckwk(C.M.C.,A.A.E.) (612)552.4109 TOO 552.4222 ASSiStant City Manager 2s= C HAP TE9 VIII. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS Sec. 8.01. Power to.:Make Improvements and Levy Assessments. The City .. has the power to Make. any ana every type of public improvement not forbidden by Iaws of this state and to levy, special assessments to pay all or any part of.:.thei.cost ofsuch improvements as are of a local character. The amounts assessed to benefited property to pay for such local improvements may equal the.cost of the improvement, including all costs and expenses connected therewi th, with interest`until paid, but shall in no case exceed the benefits to the property. 4.- Sec.�8.02. ' .Assessments for Services. The Council may provide by .ur ordinance .that the cost of .sprinkling, snow or rubbish removal, service one -€ ad� streets, sidewalks or other public property, or of any other public service,° ., W or t`he casts of any services to other property undertaken by the City may be "f assessed agai_n`st the property benefited and collected in like manner as are sped al assessments Sec'. 8.03. Local Improvements Regulations. After this Charter takes effect, all Local improvements commence2 prior t ereto shall be completed and = assessments may be levied and securities issued for the financing thereof as ' -; prescribed by law or charter provisions applicable thereto. The Council shall prepare and adopt a comprehensive ordinance prescribing the-procedure which shall be:followed thereafter in making all local improvements, providing for collections of such assessments and levying assessments therefore, within a period not more than 90 days from the completion date specified in the ..:Contract covering such local improvement. Such ordinance shall supercede all provisions of the law on the same subject and may be amended only by an affirmative vote of at least four members of the Council . Sec. 8.04. Public Works: .How Performed. Public works, including all local improvements, may be constructed, extended, repaired and maintained - either directly by day labor or by contract. The City shall require contractors to give bonds for the protection of the City and all persons furnishing labor and materials pursuant to the laws of the State.