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HomeMy WebLinkAboutOrdinance 944ORDINANCE NO. 944 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE 200, CHAPTERS 202 AND 203 OF THE MOUNDS VIEW CITY CODE RELATING TO MUNICIPAL FINANCES SECTION 1. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 202.02, Subdivision 3 of the Mounds View Municipal Code by adding the double - underlined material as follows: Subd. 3. CLERK: The Mounds View City Administrator or his/her designee. SECTION 2. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 202.02, Subdivision 7 of the Mounds View Municipal Code by adding the double - underlined material and deleting the stricken material as follows: Subd. 7. NEWSLETTER: A letter published by the City at regular intervals at least six (6)four-34 times each year. SECTION 3. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 202.07, Subdivision 2(a) of the Mounds View Municipal Code by deleting the stricken material as follows: a. 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 aesp.4 ' sd in the C-:+. Newsletter an published twice at least one (1) week apart in the official newspaper of the City no less than two (2) 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 their last known address at least two (2) weeks prior to the date of said hearing. Failure to give mailed notice or any defects in the notice shall not invalidate the proceedings. SECTION 4. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 202.08 of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: Subd. 1. Plans and Specifications; Advertisement For Bids: When the Council determines to make any improvement, it shall cause plans and specifications of the improvement to be made, 523066vI DTA MU210-54 or if previously made, to be modified, if necessary, and to be approved and filed with the City Administrator. a. Cost in Excess of Twenty Five Thousand Dollars: If the estimated cost exceeds twenty five thousand dollars ($25,000.00), it shall advertise for bids for the improvement in the newspaper and such other papers and for such length of time as it may deem advisable. b. Cost in Excess of One Hundred Thousand Dollars: If the estimated cost exceeds one hundred thousand dollars ($100,000.00), publication shall be made once in the newspaper and at least once in a newspaper or trade paper published in a city of the f,...t elass no less than three (3) weeks before the last day for submission of bids. C. Eligibility for Trade Paper: To be eligible as such a trade paper, a publication shall have all the qualifications of a legal newspaper; except, that instead of the requirement that it shall contain general and local news, such trade paper shall contain building and construction news of interest to contractors in this State, among whom it shall have general circulation. d. Advertisement: The advertisement shall specify the work to be done, shall state the time when the bids will be publicly opened for consideration by the Council, which shall be not less than ten (10) days after the first publication of the advertisement when the estimated cost is less than one hundred thousand dollars ($100,000.00) and not less than three (3) weeks after such publication in other cases, and shall state that no bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond or certified check payable to the City Administrator, for such percentage of the amount of the bid as the Council may specify. In providing for the advertisement for bids, the Council may direct that bids shall be opened publicly by two (2) or more designated officers or agents of the Municipality and tabulated in advance of the meeting at which they are to be considered by the Council. Nothing herein shall prevent the Council from advertising separately for various portions of the work involved in an improvement, or from itself, supplying by such means as may be otherwise authorized by law, all or any part of the materials, supplies or equipment to be used in the improvement or from combining two (2) or more improvements in a single set of plans and specifications or a single contract. ■ 5230660 DTAMU210-54 2 3 Or -der ♦1. wor4 .7one by a laber, 0..«,710.... of the estimated „«r of .. c -h 523066v1 DTA MU210-54 �. .... HIM.� 3 Or -der ♦1. wor4 .7one by a laber, 0..«,710.... of the estimated „«r of .. c -h 523066v1 DTA MU210-54 �. 3 Or -der ♦1. wor4 .7one by a laber, 0..«,710.... of the estimated „«r of .. c -h 523066v1 DTA MU210-54 Subd. -52. Cooperation with State or Local Government: When an improvement is made under a cooperative agreement with the State or another political subdivision by the terms of which the State or other subdivision is to construct the improvement, it shall not be necessary to comply with subdivisions 1 and hereof. Subd. 63. Percentage Payment on Engineer's Estimate: In case the contractor properly performs the work, the Council shall, from month to month before completion of the work, pay contractor not to exceed ninety five percent (95%) of the amount already earned under the contract, upon the estimate of the engineer or other competent person selected by the Council, and the contract shall so provide, and shall further agree that when the work is ninety five percent (95%) or more completed, upon the recommendation of the engineer, such portions of the retained price shall be released as the Council determines are not required to be retained to protect the City's interest in satisfactory completion of the contract. Subd. 74. Modification of Contracts: After work has been commenced on an improvement undertaken pursuant to a contract awarded on a unit price basis, the Council may, without advertising for bids, authorize changes in the contract so as to include additional units of work at the same unit price if the cost of the additional work does not exceed twenty five percent (25%) of the original contract price. Original contract price means that figure determined by multiplying the estimated number of units required by the unit price. Subd. 95. Time Limit on Improvements: When the Council determines to make any local improvement, it shall let the contract for all or part of the work} or order all or part of the work done by day 1.,bo f or otherwise as may be authorized by law, no later than one (1) year after the public hearing on the improvement. SECTION 5. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 202.10, Subdivision 1(a) of the Mounds View Municipal Code by deleting the striekea material as follows: a. Determination of Expenses: At any time after a contract is let or the work ordered by day labo , the expense incurred or to be incurred in its making shall be calculated under the direction of the Council. The Council shall then determine by resolution the amount of the total expense the City will pay, other than the amount, if any, which it will pay as a property owner, and the amount to be assessed. Thereupon, the City Administrator, with the assistance of the engineer or other qualified person selected by the Council, shall calculate the proper amount to be specially assessed for the 5230660 DTA MU210-54 4 improvement against every assessable lot, piece or parcel of land, without regard to cash valuation, in accordance with the provisions of Section 202.09 of this Chapter. SECTION 6. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 202.19, Subdivision 4(d) of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: d. Any funds of the City may be invested in temporary improvement bonds in accordance with state_statute , 47566; except, that such temporary bonds may be purchased only out of funds which the Council determines will not be required for other purposes prior to their maturity, shall be resold prior to maturity only in the case of unforeseen emergency. SECTION 7. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 202.19, Subdivision 6(a) of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: a. Funds of a municipality may be invested in its temporary improvement bonds in accordance with and may be purchased upon their initial issue but shall be purchased only from funds which the Council determines will not be required for other purposes before the maturity date and shall be resold before maturity only in case of emergency. SECTION S. The City Council of the City of Mounds View hereby amends Title 200, Chapter 203, Section 203.01 of the Mounds View Municipal Code by adding the double -underlined material and deleting the strielean material as follows: Subd. 1. Fund Created: There is hereby created a fund designated as the "Mounds RAme Rule Charter, Chapter- 202 improvement Bend Redemption -Debt Service Fund", referred to in this Section as the "Fund." which the Finance Director/Treasurer shall maintain on the official books and records of the Municipality and administer in accordance with this Chapter, so long as any bonds directed by the Council to be payable therefrom are outstanding. Subd. 2. Purpose: This Fund shall be used to pay principal and interest only on general obligation improvement bonds issued to finance improvements instituted under the Mounds View Home Rule Charterl as amended, Chapter 202 of this Title, as amended, or other statutory or Charter provisions amending or supplementing the Home Rule Charter or otherwise authorizing the issuance of general obligation bonds payable primarily from special assessments, whether in whole or in part. Subd. 3. Use of Fund: The Fund shall be used for no other purpose except, when all such principal and interest due have been paid in full, to repay any advances from other funds used for such payments. I See Charter Section 710 for City indebtedness. 523066v1 DTA MU210-54 5 Subd. 4. Investment of Fund: The Fund may be invested in accordance with Minnesota Statutes, section 475.66 or amendatory or supplementary acts. Subd. 5. Separate Funds: a. Each bond issue authorized hereunder and the Viand Redemption Fund created thereby shall be separate, and any balance remaining in such separate Fund after all bonds payable therefrom have been duly paid with interest and redeemed may be transferred to the General Fund. b. A separate fund shall be created for each improvement or consolidated group of improvements to be financed by an issue of such bond, and all collections of special assessments and taxes levied for each improvement and all bond proceeds and any other monies appropriated thereto by the Council shall be held in such fund and used solely to defray the expenses of the improvement (including interest and principal, if any, becoming due on bonds whose proceeds are appropriate to the Fund), until the improvement is completed and the cost thereof is paid in full. Thereupon, the Improvement Fund shall be discontinued, and any balance of bond proceeds remaining therein may be transferred to the fund of another improvement similarly instituted to be used for debt service or to the General Fund if so directed by the Council. Subd. 6. Tax Levies: a. Before the delivery of any issue of improvement bonds directed by the Council to be payable from the Improvement Bona I?eaemp i�_ Fund, the Council shall, by resolution, estimate the approximate principal amount of special assessments to be levied for each improvement financed thereby and appropriated to the Redemption Fund, the number of installments thereof and the rate of interest to be charged upon deferred installments and shall levy, if necessary, a general ad valorem tax upon all taxable property within the Municipality, to be spread upon the tax rolls for each property with year of the term of the bonds, in amounts for all years such that if collected in full, they, together with the taxes theretofore levied and appropriated to the Redemption Fund, plus the estimated collections of said special assessments and of all other special assessments theretofore pledged to the Redemption Fund, will produce at least five percent (5%) in excess of the amount needed to meet, when due, the principal and interest payments on such bonds and on all other then outstanding bonds which are payable from the Redemption Fund. b. All such tax levies shall be irrepealable; except, that if the Council, in any year, makes an irrevocable appropriation to the lmproye. ,p,~t Bond nose.,,^tion Fund of monies actually on hand from sources other than the special assessments and taxes herein referred to, or if there is on hand any excess amount in that fund, the Municipality reserves the right to certify to the County Auditor the fact and amount thereof and to request the Auditor to reduce by the amount so certified the amount otherwise to be included in the tax rolls next thereafter prepared. 523066v1 DTA MU210-54 6 Subd. 7. Certification of Levies: The City Administrator is directed to file a certified copy of this Section in the office of the County Auditor of Ramsey County, and prior to the delivery of each series of improvement bonds payable from the Improvement Bond Rede pfio. Fund, the City Administrator shall also file with the County Auditor a certified copy of the resolution authorizing such bonds and levying a tax for the payment thereof, together with full information regarding the bonds for which the tax levy required by law has made, and no further action by the Municipality shall be required to authorize the extension, assessment and collection of said tax, but the Auditor shall annually assess and extend upon the tax rolls the amounts specified in such resolution for each year, unless the amount has been reduced as authorized in subdivision 5 hereof. Subd. 8. Pledge of Credit: The full faith and credit of the Municipality shall be and are hereby pledged for the prompt and full payment of the principal of and interest on all improvement bonds made payable from the improvement Bond Redemption Fund, and the Council shall pay such principal and interest out of any fund of the Municipality if ever the amount credited to the Redemption Fund is insufficient for such purpose and shall each year levy a sufficient amount to meet any accumulated or anticipated deficiency in that fund, which levy shall not be subject to any statutory or Charter tax limitations. The provisions of Minnesota Statutes, sections 475.61 and 475.74 are hereby acknowledged to be and are affirmed as covenants of the Municipality with the holders of all such bonds, from time to time, outstanding. Subd. 9. Preparation, Sale, Execution and Delivery: a. Improvement bonds to be made payable from the improvement Band Redemption Fund may be prepared for execution in form, as provided for in Minnesota Statutes, section 475.55, with suitable variations as to date of issue, maturity, interest payment dates, redemption privilege, serial designation and number and other details. b. The amounts, maturity, interest rates and other terms of each issue of improvement bonds made payable from the T.,,,.,.,.yement Bond Rederaption Fund shall be established by the Council, by resolution, and such bonds shall be issued and sold upon such terms as are deemed by the Council, from time to time, to be reasonable and in the best interest of the Municipality and owners of property subject to special assessment. C. Upon the sale of each issue, the bonds shall be prepared for execution under the direction of the City Administrator and shall be executed as provided for in Minnesota Statutes, section 475, and the Corporate Seal of the Municipality shall be affixed to each bond. d. When executed, the bonds shall be delivered by the Finance Director/Treasurer to the purchaser thereof upon payment of the agreed purchase price, and the purchaser shall not be obligated to see to the application of the bond proceeds. Subd. 10. Authentication of Transcript: The officers of the Municipality and the County Auditor of Ramsey County shall prepare and furnish to the purchaser of each series of such bonds certified copies of all proceedings and records relating to the authorization thereof and 523066v1 DTA MU210-54 7 such other certificates and affidavits as to matters shown by the records in their custody or otherwise known to them as may be required to evidence the validity and marketability of the bonds, and all such documents shall be deemed representations of the Municipality as to the correctness of all statements therein contained. SECTION 9. The City Council of the City of Mounds View hereby amends Title 200, Chapter 203 of the Mounds View Municipal Code by deleting Section 203.03 in its entirety and renumbering the remaining sections accordingly. SECTION 10. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 203.04 of the Mounds View Municipal Code by adding the double -underlined material and deleting the stfieken material as follows: Subd. 1. Fund Established: There is hereby established and created a fund designated as the "Lakeside Park Fund", hereinafter in this Section referred to as the "Fund". Subd. 2. Purpose: The purpose of the Fund is to account for expenses relating to the operation, maintenance and improvement of Lakeside Park. There shall be deposited in the Fund contributions and/or donations received from other governmental units, corporations and/or individuals, transfers from other City funds and fees charged for recreation activities conducted at the Park authorized by the City and supervised by the Dirge`^" of Park. Recreation and Ferestr-yPublic Works Director or such other designee as authorized by the Council. Subd. 3. Use of Fund: Such funds shall be used for the direct operating expense, maintenance and improvements of Lakeside Park and for the direct operating expenses of recreation activities conducted at the Park. Subd. 4. Expenses: All expenses from the Fund shall be approved by the Council. The Director ofo, k Recreation and >v,.rest_ygublic Works Director may recommend expenses for approval. Subd. 5. Accounting: The Director of Par-ks, Recreation and Fere— r; Public Works Director shall be responsible for and shall prepare an annual accounting of the Fund. This shall include all revenues, expenses and balances at the end of each calendar year. All funds received shall be deposited with the City Finance Director/Treasurer as provided for in Section 106.04 of this Code. Subd. 6. Transfer of Funds: The Council may transfer funds into the Recreation Activity Fund from any source, but there shall be no transfer of funds from the Recreation Activity Fund, except for the purposes enumerated in subdivision 203.07(3) of this Chapter. SECTION 11. The City Council of the City of Mounds View hereby amends Title 200, Chapter 203 of the Mounds View Municipal Code by deleting Section 203.06 in its entirety and renumbering the remaining sections accordingly. 523066v1 DTA MU210-54 8 SECTION 12. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 203.07, Subdivision 5(d) of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricleen material as follows: d. The SWM charge shall be as follows: set forth in the City's fee schedule. Property Zoned PAITif 2 R4 $ 202- p t R2 989.00 per lot R nen n R n> n c> n n> n r n n i�,9mAAnn-per-aere >n >n ands 1 SECTION 13. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 203.08, Subdivision 3(f) of the Mounds View Municipal Code by adding the double -underlined material and deleting the stricken material as follows: f. This Fund may also be used to pay the bond service charges of the paying agents of the bonds which were formerly accounted for in the Irnprove. ent Rood Rede .ptie Debt Service Fund and which were defeased on January 18, 1984. SECTION 14. The City Council of the City of Mounds View hereby amends Title 200, Chapter 202, Section 203.08, Subdivision 4 of the Mounds View Municipal Code by adding the double - underlined material and deleting the stricken material as follows: Subd. 4. Funds to be Deposited: There shall be deposited in said Fund the initial sum of eight hundred fifty three thousand four hundred fifty nine dollars ($853,459.00) which represents the cash balance remaining in the Improvement Bond Rodesptio Debt Service Fund after the cash defeasance of the Fund's outstanding bonds. The special assessments receivable of the improvement Bond Redemption Debt Service Fund shall be transferred to said Fund, and hereafter, all future payments of principal and interest on those assessments shall be deposited in the Fund. There may also be deposited in said Fund such other monies as may be directed by the Council. SECTION 15. In accordance with Section 3.07 of the City Charter, City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On June 25, 2018, the City Council adopted Ordinance 944 that arnends Title 200, Chapters 202 and 203 of the Mounds View City Code. The purpose of the amendment was to update certain technical provisions contained in the aforementioned chapters and remove and amend outdated language. 523066vl DTA MU210-54 9 A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available on line at the City's web site located at www.ei.mounds-view.mn.us. SECTION 16. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on May 29, 2018. Second Reading and Adoption by the Mounds View City Council on June 25, 2018. Publication Date: July 6, 2018. Attest: i (seal) 523066vl DTA MU210-54 10 Carol A. Mueller, Mayor NyjVZikny4ud City Administrator