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HomeMy WebLinkAbout07-25-1979 MOUNDS VIEW CHARTER COMIVMISSION 41/ MINiJTES 6 WEDNESDAY, JULY 25, 1979 I. Meeting called to order by Chairman, Bill Doty, at 7:35 P.M. II. ABSENT MEMBERS: Milan Illig Duane McCarty Dave Notaro Curt Schmidt Jim Wills Howard Neisen III. Motion made by Wally Skiba, seconded by Lowell Nygaard, to approve the meeting Minutes of June 27, 1979, as written. Carried unanimously. IV. Meeting recessed by the chairman for 15 minutes in favor of the Drafting and Phraseology Committee. • V. Meeting reconvened at 7:55 P.M. • VI. Special Meeting Minutes of July 11, 1979, reviewed. Addition made to Item V. Vote to read: (7) Ayes - - (1) Nay. Addition made to Item VI. Vote to read: (7) Ayes - - (1) Nay. Correction in Item X. Sixth line to read: "All members of the M.V. City Council, and the City Attorney." (strike the word 'including' ). Carol Ziebarth noted that she was absent from the meeting; however, she requested that the minutes show that she objects to Item #V of the minutes. Also, the minutes to show that she objects to the change in Quorum require- ment as indicated in Item GI. Thereupon, a motion was made by Neil Loeding, seconded by Dick Lykke, that the minutes be approved, as amended. Motion carried. (1) Abstention. • t M.V. Charter Commission - Minutes - (continued) Page (2) • • VII. Drafting and Phraseology Committee Report of July 19, 1979, submitted to Commission for consideration. 1. Chapter 4, "Nominations and Elections", reviewed by the Commission and amended. Thereupon, a motion was made by Neil Loeding that Chapter 4 be approved, as amended, that a draft be typed, submitted to the same individuals that received Chapters 1, 2 and 3, and request that any comments be submitted to the Commission, c/o City Hall, prior to the next regular scheduled meeting on August 22, 1979. Seconded by Don Hodges. Motion carried. (1) Abstention. (COPY ATTACHED) - 2. Chapter 5, "Initiative, Referendum and Recall", reviewed by the Commission and amended. Thereupon, a motion was made by Neil Loeding that Chapter 5 be approved, as amended, and handled in the same manner as Chapter 4. Seconded by Bill Werner. Motion carried. (1) Abstention. (COPY ATTACHED) . Bill Werner excused from meeting at 10:35 P.M. VIII. Motion made by Neil Loeding that the reading of Chapter 6, "Administration of City Affairs", be dispensed with, and that the chairman call for any suggested changes. Seconded by Lowell Nygaard. Carried unanimously. Following discussion, a few minor changes were made. Motion made by Dick Lykke, seconded by Don Hodges, that Chapter 6 be approved, as amended, and handled in the same manner as Chapters 4 and 5. Motion carried. (1) Abstention. (COPY ATTACHED) IX. Motion made by Neil Loeding that the reading of Chapter 7, "Taxation and Finances", be dispensed with. Seconded by Wally Skiba. Motion carried. (1) Abstention. Notion made by Don Hodges, seconded by Dick Lykke, that Chapter 7 be approved, as written, and handled in the same manner as Chapters 4, 5 and 6. Motion carried. (1) Abstention. (COPY ATTACHED) • M.V. Charter Commission - Minutes - (continued) Page (3) • X. Motion made by Neil Loeding that-the reading of Chapter 8, "Public Improve- ments and Special Assessments", be dispensed with. Seconded by Wally Skiba. Carried unanimously. Motion made by Lowell Nygaard, seconded by Dick Lykke, that Chapter 8 be approved, as written, and be handled in the same manner as Chapters 4, 5, 6 and 7. (COPY ATTACHED) • XI. Chapter 9, "Eminent Domain", reviewed and amended. Thereupon, a motion was made by Wally Skiba, seconded by Lowell Nygaard, that Chapter 9 be approved, as amended, and be handled in the same manner as Chapters 4, 5, 6, 7 and 8. Motion carried. (1) Abstention. (COPY ATTACHED) Dick Lykke excused from meeting at 11:40 P.M. XII. Chapter 10, "Franchises", reviewed and amended. Motion made by Carol Ziebarth, seconded by Lowell Nygaard, to approve • Chapter 10, as amended, and handle in the same manner as Chapters 4, 5, 6, 7, 8, and 9. Carried unanimously. (COPY ATTACHED) XIII. Chapter 11, "Public Ownership and Operation of Utilities", reviewed and amended. Motion made by Carol Ziebarth, seconded by Wally Skiba, to approve Chapter 11, as amended, and handle in the same manner as Chapters 4, 5, 6, 7, 8, 9, and 10. Carried unanimously. (COPY ATTACHED) XIV. Chapter 12, "Miscellaneous and Transitory Provisions", reviewed and amended. Motion made by Carol Ziebarth, seconded by Lowell Nygaard, to approve Chapter 12, as amended, and handle in the same manner as Chapters 4, 5, 6, 7, 8, 9, 10, and 11. Carried unanimously. (COPY A`1'1'ACHED) I M.V. Charter Commission - Minutes - (continued) Page. (4) • XV. Motion made by Neil Loeding that Chapters 4 through 12 be submitted to Attorney, Jim Wills, for legal consideration, and for him to present his findings at our next regular meeting on August 22, 1979. Seconded by Lowell Nygaard. Carried unanimously. Motion made by Lowell Nygaard, seconded by Wally Skiba, that meeting be adjourned. Adjourned: 12:45 A.M. ,Adie f • Ruth w-' e, Secretary • • ATTACHMENTS • CHAPTER 4 NOMINATIONS AND RIT=ONS IONS Sec. 4.01. The Regular Municipal Election. A regular municipal election shall be held on the first Tuesday after the first Monday in November of each even numbered year commencing in 1980 at such places as the city council shall designate. At least fifteen days prior notice shall be given by the city clerk by posting a notice thereof in at least one public place in each election precinct, and by publishing a notice thereof at least once in the official newspaper of the city stating the time and the places of holding such election, and of the officers to be elected. Failure to give such notice shall not invalidate such election. All elected and qualified officers provided for by this Charter shall assume their duties at the first meeting of the office to which they were elected following such election. Sec. 4.02. Filing for Office. No earlier than thirty-seven days or later than thirty days before any municipal election, any resident of the city qualified under state law for elective office may, by paying a filing fee to the city clerk in an amount as set by ordinance, have his/her name placed on the municipal ballot. Sec. 4.03. Judges and Clerks of Election. The council shall at least ten days before each municipal election appoint from qualified electors election judges and/or clerks of election. Sec. 4.04. Procedure at Elections. Consistent with the provisions of this Charter and applicable state laws, the council may by ordinance further regulate the conduct of municipal elections. • Sec. 4.05. Canvass of Elections. The returns shall be delivered to the clerk as soon as practicable following the close of the polls after any election under this Charter. The council shall meet and canvass the returns thereof and declare the results within three days after the election. A plurality of votes for a qualified elective officer shall constitute an election. The clerk shall then forthwith give notice to the officers elected of their respective elections. Sec. 4.06. Special Elections except for Elected Office. The council shall by resolution order a special election and provide all means for holding it. The clerk shall give at least fifteen days published prior notice of a special election except as otherwise provided in this Charter. Sec. 4.07. Vacancy of Municipal Elected Office. • Subdivision 1. When a vacancy in an elected office of the city occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within forty-five days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. The city clerk shall give at least thirty-seven days published prior notice of such special election. In the case of a vacancy where there remains less than 365 days in the unexpired term, the council shabby a majority vote appoint a successor to serve for the remainder of said term. The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as prac- ticable to that prescribed for other municipal elections under this Charter. Sub. 2. Notwithstanding the forty-five day requirement in subdivision 1 of this section, when a vacancy in an elected municipal office occurs between forty-five and ninety days before a regular municipal election date, the special election to fill the • vacancy shall coincide with the regular election. -2- .• y »r 111 Should the vacancy in an elected municipal office occur within forty-five days before a regular municipal election date, the special election to fill the vacancy shall be held forty-five days after the regular municipal election. • • • • -3- f 1 CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Sec. 5.01. Powers Reserved by the People. The people of Mounds View reserve to themselves the powers in accordance with the provisions of this Charter to initiate and adopt ordinances and resolutions, to require measures passed by the council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively. Sec. 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registered voters of the city whose names and addresses shall appear on the petition. Such petition shall be filed in • the city clerk's office prior to circulation. A petition may consist of one or more papers, but each separately circulated paper shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, re- spectively, to initiative, referendum and recall. Each signer shall sign his/her name and give his/her street address. Each separate page of the petition shall have appended to it a certificate by the circulator, verified by oath, that each signature Is_the_genuine_signature of the person whose name it purports to be. The person making the certificate shall be a resident of the city and registered to vote. Sec. 5.03. Determination of Sufficiency. Within thirty days after the filing with the city clerk of the information required by section 5.02 of this chapter, the com- mittee shall file the completed petition in the office of the city clerk. Within five days after the filing of the petition, the city clerk shall ascertain by examination • the number of electors whose signatures are appended thereto. ' t • This number shall be at least ten percent for initiative and referendum, and at least twenty percent for recall of the total number of electors who cast their votes at the last regular city election. The city clerk shall then have an additional five days to report to the city council as to the sufficiency of the petition. Upon receiving the report, the council shall determine and declare within a fourteen day period whether or not the petition is sufficient. Sec. 5.04. Disposition of Insufficient or Irregular Petition. If the council determines that the petition is insufficient or irregular, the city clerk shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committeeshall have thirty days in which to file additional signature papers and/or to correct the petition in all other` particulars, except that, in the case of a petition for recall, the committee may not change the statement of the • grounds on which,the recall is sought. If at the end of that period the council finds that the petition is still insufficient or irregular, the city clerk shall file the petition in the clerk's office and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the council from referring the subject matter of the petition to the voters at the next regular or special election. Sec. 5.05. Initiative. Consideration by the electorate of. an ordinance, resolution or other measure may be initiated by petition. The petition shall state at the head of each page, or attached thereto, the exact text of the proposed measure. The council shall enact the proposed measure within thirty days after the final determination of the sufficiency of the petition, or place the measure on the ballot at the next election occurring in the city. • -2- • If no election is to occur within 120 days`after the filing of the petition, the council shall call a special election to be held within such period, providing the petition has been found to be sufficient under the provisions of section 5.03 of this chapter. If a majority of those voting on the measure vote in its favor, it shall become effective thirty days after certification of the election results, unless the measure specifies a differer,; effective date subsequent to the certification. Sec. 5.06. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the electors to propose amendments to this Charter. Sec. 5.07. Referendum. Consideration by the electorate of an ordinance, resolution or other measure passed by the council may be initiated by petition. The petition shall • state at the head of each page, or attached thereto, the exact text of the measure to be considered by the electorate. If the petition is found to be sufficient under the provisions of section 5.03 of this chapter, the subject matter of the petition shall be placed on the ballot at the next election occurring in the city. If no election is to occur within 120 days after the filing of the petition, the council shall call a special election to be held within such period, providing the petition has been found to be sif'ficient. If-a majority of the voters voting thereon-favors the-measure contained in the petition, it shall remain in effect. If a majority of the electors voting thereon votes against the measure contained in the petition, it shall be considered repealed upon certification of the election results. Sec. 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the city may be initiated by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for removal in not more than 250 words, and the intention of the sponsoring committee to bring about the officer's recall. -3- 4 . If the petition or amended petition is found sufficient under the provisions of section 5.03 of this chapter, the city clerk shall transmit it to the council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The council shall at its next meeting, by resolution, provide for the holding of a special recall election not less than thirty days nor more than forty-five days after such meeting, except if any other election is to occur within sixty days after such meeting,. the council may in its discretion provide for the holding of the recall vote at that time. The city clerk shall include with the published notice of the election the statement of the grounds for the recall and, also, in not more than 500 words, the answer of the officer concerned in justification of his/her course of office. If a vacancy occurs due to recall election, section 4.07 herein shall apply to fill said vacancy. . . • -4- CHAPTER 6 411 ADMINISTRATION-DF CITY AFFAIRS Sec. 6.01. Administrative Responsibility. The council is the head of the administration. The council shall appoint a clerk-administrator to assist in the administration of city affairs. Sec. 6.02. Duties of the Clerk-Administrator. Subdivision 1. The duties of the clerk-administrator of the municipality shall include the duties of the clerk. The clerk-administrator shall give the required notice of each regular and special election, record the proceedings thereof, notify officials of their elections or appointments to office, certify to the county auditor all appointments and the results of all municipal elections.. The clerk-administrator shall also have the duties set forth in the following subdivisions: • Subd. 2. The clerk-administrator shall keep a minute book, noting therein all proceedings of the council. Subd. 3. The clerk-administrator shall keep an ordinance book in which he shall record in their entirety all ordinances passed by the council. Subd. 4. The clerk-administrator shall keep an account book in which he shall enter all money transactions of the municipality, including the dates and amounts of all the receipts, and the person from whom the money was received, and all orders drawn upon the treasurer with their payee and object. • Subd. 5. Ordinances, resolutions and claims considered by the council need 410 not be given in full in the minute book if they appear in other permanent records of the clerk, and can be accurately. identified from the description given in the minutes. The clerk-administrator shall act as the clerk and bookkeeper of the municipality, shall be the custodian of its seal and records, shall sign its official papers, shall post and publish such notices, ordinances and resolutions as may be required, and shall perform such other appropriate duties as may be imposed upon him by the council. For certified copies and for filing and entering, when required, papers not relating to municipal business, he shall receive the fees allowed'by state law to town clerks; but the council may require the clerk to pay such fees to the municipal treasury. With the consent of the council, he may appoint a deputy for whose acts he shall be responsible and whom he may remove at pleasure. In case of the clerk-administrator's absence from the municipality or disability, • the council may appoint a deputy clerk-administrator, if there is none, to serve during such absence or disability. The deputy may discharge any of the duties of the clerk-administrator. Subd. 6. The clerk-administrator shall coordinate the administration in conjunc- tion with heads of departments as a group as provided by this Charter and council action. Subd. 7. The clerk-administrator shall participate with affected municipal department heads, and other appointed officials, in the preparation of reports and summaries relating to contemplated municipal projects and/or improvements, and submit them with recommendations,as may be required, to the council for study and subsequent action. -2- Subd. 8. In conjunction with municipal department heads and other appointed 0 officials, the clerk-administrator shall coordinate the preparation of an annum fiscal budget and capital improvement plan for submission to the council. He shall maintain financial guidelines for the municipality within the scope of the approved budget and capital program. Subd. 9. The clerk-administrator shall cause to be prepared the annual financial statement and such other statements that are required by statute. Subd. 10. The clerk-administrator shall attend all council meetings and provide input to the council. He may attend at his discretion, or by invitation, other committee and commission meetings. Subd. 11. The clerk-administrator shall coordinate, as authorized by the council, municipal programs and activities. • Subd. 12. The clerk-administrator shall participate with the financial officer, if such there be, in the submission of periodic reports to the council on the financial condition of the municipal accounts. Subd. 13. The clerk-administrator shall supervise the conduct of local elections in accordance with the prescribed laws and regulations. Subd. 14. The clerk-administrator shall coordinate the activities of all municipal department heads and other appointed officials in the administration of municipal policy. He may advise the council in decisions affecting the employment or removal of department heads and appointed officials. Subd. 15. The clerk-administrator shall work in cooperation with the council's appointed attorney and engineer. -3- • Subd. 16. The clerk-administrator shall prepare news releases and develop and • discuss public relations material with all concerned as required. He/she shall maintain, along with the rest of the staff, good public relations with the general public. Subd. 17. The clerk-administrator shall consult, as directed by the council, with appointed officials and with other public or private agencies as may be required. Subd. 18. The clerk-administrator shall be fully informed regarding federal, state and county programs which affect the municipality. Subd. 19. The clerk-administrator shall participate with affected municipal department heads, and other officials, in advising the council on the terms and conditions of employee labor contracts for presentation to the council. Subd. 20. The clerk-administrator shall prepare an annual report to inform the public about the financial condition of the city. Subd. 21. The clerk-administrator shall perform all other duties required of him by the council. Sec. 6.03. City Treasurer. The council shall appoint a treasurer. This office shall be separate from-that-of the clerk-administrator. Thedutiesof the treasurer shall be as specified by state law, this Charter and the city council. Sec. 6.04. Administrative Organization. Subdivision 1. The city council shall appoint heads of departments, and such other and further officers and personnel as may be required to operate the city efficiently. The city council shall determine the qualifications thereof and prescribe • the duties to be performed by each, except as otherwise prescribed in this Charter. -4- s ' 411 Subd. 2. Department heads and other appointed officials are directly responsible to the council. While they may make decisions of a daily routine nature in operation of their departments, all questions of major policy must be referred to the council itself. Subd. 3. Department heads shall perform the following tasks: long and short term department planning; organization; direction and coordination of the work load; re- porting in person at frequent intervals to both the council and the general public; budgeting, both preparation and execution. In fulfilling these tasks, department heads shall coordinate the activities of their departments with the clerk-administrator. Sec. 6.05. Attendance of Officials at Council Meetings. The heads of departments, and any other employees of the city, shall attend a meeting of the council at which their presence is requested by the council. • 410 -5- M. CHAPTER • TAXATION AND FINANCES Sec. 7.01. Council to Control Finances. The council shall have full authority over the financial affairs of the city except as limited or prohibited by the state _ constitution, state laws, or this Charter. It shall provide for the collection of all revenues and other assets, the auditing and settlement of accounts, and the safekeeping and disbursement of public moneys: Sec. 7.02. Fiscal Year. The fiscal year of the city shall be the calendar year. . Sec. 7.03. System of Taxation. Subject to the state constitution, and except as forbidden by it or by state law, the council shall have fgl1 power to provide by ordinance for a system of local taxation. This authority includes the power by • ordinance to assess, levy, and collect taxes on all subjects or objects of taxation except as limited or prohibited by the state constitution, by this Charter or by state laws imposing restrictions upon the city irrespective of Charter provisions. Sec. 7.04. Submission of Budget. Subdivision 1. Annually the city staff shall submit to the council its budget estimates in accordance with a budget calendar to be established by ordinance or, in the absence of ordinance, September 1. The budget shall provide a complete financial plan for all city funds and activities fcr the ensuing fiscal year and, except as required by state law or this Charter, shall be in such form as the council may require. It shall include a summary and show in detail all estimated income and all proposed expenditures, including debt service and comparative figures for the current fiscal year, actual and estimated, and the preceding year. 411 In addition to showing proposed expenditures for current opera` . ons, it shall show IIIproposed capital expenditures to be made during the year and the proposed method of financing each such capital expenditure. For each utility operated by the city, the budget shall show anticipated net surplus or deficit and the proposed method of its disposition; and subsidiary budgets for each such utility giving income and expenditure information shall be included or attached as appendices. The total proposed operating budget to be provided from the property tax shall not exceed the amounts authorized by state law and this Charter. Consistent with these pro- visions, the budget shall contain such information and be in the form prescribed by ordinance and by state law. Subd. 2. At least two weeks before the budget is adopted for the ensuing fiscal year, and not later than September 15, the council shall cause to be mailed to residents of the city a summary, in draft form, of the financial plan. Such summary • shall be set forth in language designed to be readily understood by the layman, and in addition to the information listed in subdivision 1, shall provide appropriate supporting information as to the necessity for any increase in the budget over the total for the current fiscal year. Sec. 7.05. Long-term Financial Plan. Subdivision 1. The planning coned ssion, if such there be, shall prepare and submit to the council a recommended long-term financial plan no later than June 1 of each year, commencing with the calendar year 1980. The council shall hold a public hearing on the long-term financial plan and adopt it by ordinance with or without amendment no later than August 15. The financial plan shall consist of four elements as specified in subdivisions 2 - 5 which follow. 411 Subd. 2. The Public Services Program. The program shall be a five-year plan for all public services, estimating future needs for recreation, fire protection, police protection, and so on. -2- • It shall measure the objectives and needs for each city department, the standard • of services desired, and the impact of each such service on the annual operating budget. Subd. 3. The Capital Improvement Plan. This program shall consist of projects and facilities that are or will be needed by the city in carrying out the anticipated program of public services. It shall include a list of all capital improvements proposed to be undertaken during the next five fiscal years, with appropriate supporting information as to the necessity for such improvements; cost estimate, method of financing and recommended time schedule for each such improvement; and the estimated annual cost of operating and maintaining the facilities to be constructed or acquired. This information shall be revised and extended each year for capital iu,provements still pending or in process. • Subd. 4. A Long-term Revenue Program. This program shall consist of a tentative revenue policy which describes long-term plans for financing public services and capital improvements. Subd. 5. The Capital Budget. This program shall be a summary of the basis of a five or six year period of the capital or money requirements for the above de- scribed programs. Itshall-lista priority for each_anticipated_investment_in community facilities and balance this with a consideration of the availability of necessary revenues. Subd. 6. No later than September 15 of each year, the council shall cause to be mailed to residents of the city a summary of the features of the long-term financial plan prepared as provided in subdivisions 2 - 5 of this section. The • summary shall be set forth in languag designed to be readily understood by the layman. • • _3- • Sec. 7.06. . Council Action on Budget. The budget shall be considered at the first regular monthly meeting of the council in September and at subsequent meetings until a budget is adopted for the ensuing year. The meetings shall be so conducted as to give interested citizens a reasonable opportunity to be heard. The council may revise the proposed budget but no amendment to the budget shall increase the authorized expenditures to an mount greater than the estimated income. The council shall adopt the budget not later than the first week of October by a resolution that shall set forth the total for each budgeted fund and each department with such segregation as to objects and purposes of expenditures as the council deems necessary for purposes of budget control. The council shall also adopt a resolution levying the amount of taxes provided in the budget, and the clerk shall certify the tax resolution to the county auditor in accordance with state law not later than October 10. • Adoption of the budget resolution shall constitute appropriations at the beginning of the fiscal year of the sums fixed in the resolution of the several purposes named. Sec. 7.07. Enforcement of the Budget. The city council shall enforce strictly the provisions of the budget. It shall not authorize any payment or the incurring of any obligation by the city unless an appropriation has been made in the budget resolution,, and there is a sufficient unexpended balance after deducting the total past expenditures and encumbrances against the appropriation. No officer or employee of the city shall place any order or make any purchase except for a purpose and to the amount authorized in the budget resolution. Any obligation incurred by any person in the employ of the city for any purpose not authorized in the budget resolution, or for any amount in excess of the amount authorized, shall be a personal obligation upon the person incurring the obligation. -4- No check shall be issued or transfer made to any account other than one owned • by the city until the claim to which it relates has been supported by an itemized bill, payroll, or time sheet or other document approved and signed by the responsible city officer who vouches for its correctness and reasonableness. Sec. 7.08. Alterations in the Budget. After the budget resolution has been adopted, the council shall not exceed the amounts fixed in the resolution beyond the estimated receipts except to the extent that actual receipts exceed the estimate. At any time the council may, by resolution approved by a majority of its members, reduce the sums appropriated for any purpose by the budget resolution, or authorize the transfer of sums from unencumbered balances of appropriations in the budget • resolution to other purposes. • • Sec. 7.09. Funds. There shall be maintained in the city treasury a general 41, fund and such other funds as may be required by state law, ordinance, or resolution. The council may, by resolution or ordinance, make inter-fund loans, except from trust and agency funds, as it may deem necessary and appropriate. Sec. 7.10. City Indebtedness. Subdivision 1. Except as provided in Sections 7.11 and 7.12, no obligations shall be issued to pay current expenses, but the council-may issue and-sell-obligations for any other municipal purposein-accordance with state law and within the limitations prescribed by law:. Except in the case of obligations for which an election is not required by this Charter or by state law, no such obligations shall be issued and sold without the approval of the majority of the voters voting on the question at a general or special election. Subd. 2. The council shall cause to be mailed to residents of the city a de- llo scription of each proposed issue of an obligation. • • _5- • Such description shall include the purpose, type, amount, term, and estimated • interest rate:of the obligation, whether or not the faith or credit of the city is to be pledged for the obligation, the. classification by location or otherwise of the taxpayers who are to be taxed or assessed for the obligation, an estimate of the cost of the obligation to representative taxpayers, and to what extent the proposed issue meets or bears relationship to the needs of the city as defined pursuant to Section 7.05 of this Charter. Additionally, the mailing shall include a prominently displayed notice that, over a 10 day period during business hours, a record book will be maintained at the office of the clerk-administrator wherein affected taxpayers, upon presenting identification, may record their signatures as in favor of or adverse to the proposed issue. The record book shall be permanently bound with serially numbered pages, and shall be retained as part of the public records of the city. After the close of the 10 day period for the opinion poll, • the council shall cause a summary of the proposal and the poll results to be dis- tributed to as many residents of the city as is feasible. This distribution shall be made at least 2 weeks before a public hearing is held or a final decision is made by the council on the proposed issue. The provisions of this section shall not apply to the issuance of obligations undertaken under Section 3.06 of the Charter, or to the funding of improvements which have been petitioned for by all of the owners in frontage of the real property abutting on the streets named in the petition as the location of the improvement. Sec. 7.11. Anticipation Certificates. At any time after January 1, the council may issue certificates of indebtedness in anticipation of state and federal aids and the collection of taxes levied the previous year for any fund and not yet collected. • • -6- The total amount of certificates issued against any fund for any year together IIIwith interest thereon until maturity shall not exceed 90% of the total state and federal aids and current taxes due to the fund and uncollected at the time of issuance. Such certificates shall be issued on such terms and conditions as the council may determine, but they shall become due not later than April 1 of the year following their issuance. The proceeds of the tax levied and such state or federal aids as the governing body may have allocated for the fund against which tax anticipation certificates are issued, and the full faith and credit of the city shall be irrevocably pledged for the redemption of the certificates. Sec. 7.12. Emergency Debt Certificates. Subdivision 1. If in any year the receipt from taxes or other sources should from some unforseen cause become in- sufficient for the ordinary expenses of the city, or if any calamity or other public emergency necessitates the malting of extraordinary expenditures, the council may 111 by ordinance issue, on such terms and in such manner as the council determines, emergency debt certificates to run not to 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. For each issue of an emergency debt certificate, the city council shall make a full report to the residents of the city as soon after issuance of the certificate as is feasible. Such report shall include a statement of the nature of the emergency, the purpose, amount, interest, rate, and term of the certificate, the estimated cost to representative taxpayers, and to what extent the issue meets or • bears relationship to the needs of the city as defined pursuant to Section 7.05 of this Charter. -7- • CHAPTER 8 PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS 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 assessments 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, including all costs and expenses connected therewith, with interest charges not to exceed the actual cost to the city. No assessment shall exceed the benefits to the property. . Sec. 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 as special • assessments. . Sec. 8.03. 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 and with the public informational provisions of Section 8.04 of the Charter. The council may by ordinance prescribe the procedure to be followed i_nmakngany other local_improvement and levying_assessments therefor, providing that such procedure is consistent with the other provisions of this Charter. Sec. 8.04. Public Informational Provisions. For each proposed public improvement, the city shall mail a description of the proposal to the owners of the real property to be benefited. Such description shall set out the purpose, scope, construction timetable, proposed means of financing, estimated total cost, the basis for allocation • of cost among different classifications of property, the extent to which undeveloped property is to, be assessed on the basis of its land use classification, the estimated s 0 cost to representative property owners, and td what extent theproposed improvement meets or bears relationship to the needs of the city as defined pursuant to Section 7.05 of this Charter. A map shall be included to supplement the designation of the boundaries of the proposed improvement. Additionally, the mailing shall include a prominently displayed notice that, over a 10 day period during business hours, a record book will be maintained at the office of the clerk-administrator wherein affected property owners, upon presenting identification, may record their signatures as in favor of or adverse to the proposed improvement. The record book shall be permanently bound with serially numbered pages, and shall be retained as part of the public records of the city. After the close of the 10 day period for the opinion poll, the city council shall cause a summary of the proposal and the poll results to be distributed to as many residents of the city as is feasible. This distribution shall be made at least 2 weeks before a public hearing is held or a final decision • is made by the city council on the proposed improvement. The provisions of this section shall not apply to public improvements undertaken under Section 3.06 of this Charter, or to improvements which have been petitioned for by all of the owners in frontage of the real property abutting on the streets named in the petition as the location of the improvement. • -2- e ` • CHAPTER 9 EMINENT DOMAIN Sec. 9.01. Acquisition of Property. The city may acquire by purchase, gift, condemnation, or otherwise, any 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. At least two weeks before a public hearing is held or a final decision is made by the city council on the acquisition of the property, information shall be distributed to as many residents of the city as is feasible, giving the purpose of the acquisition, the estimated cost to the city both immediate and long range, the proposed method of financing, and to what • extent the acquisition meets or bears relationship to the needs of the city as defined pursuant to Section 7.05 of this Charter. • • • CHAPTER 10 FRANCHISES Sec. 10.01. Except as otherwise provided by state law, no person, firm, or corporation 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 any other purpose, without a franchise therefor from the city. A franchise shall be granted only by ordinance, which shall not be an emergency ordinance. No exclusive franchise shall be granted unless the proposed ordinance is submitted to the voters of the city following a public hearing and approved by at least a majority of those voting thereon. Every ordinance granting a franchise shall contain all the terms and conditions of the franchise. The grantee shall bear the costs of publication of the franchise • ordinance and shall make a sufficient deposit with the clerk to guarantee pub- lication before the ordinance is passed. Sec. 10.02. Term. No perpetual franchise or privilege shall be created, nor shall any exclusive franchise or privilege be granted for a period of more than twenty-five years. Sec. 10.03. Public Hearing. Before any franchise ordinance is adopted or any rates, fares, or prices to be charged by a public utility are fixed by the council, the council shall hold a public hearing on the matter. Notice of such hearing shall be published at least once in the official newspaper not less than ten days prior to the date of the hearing. • Sec. 10.04. Power of Regulation Reserved. Subject to any applicable state ilaw, the council may by ordinance reasonably regulate and control the exercise of any franchise, including the maximum rates, fares, or prices to be charged by the grantee. No franchise value shall be included in the valuation of the grantee's property in regulating utility rates, fares, or prices under any applicable state or municipal law, or regulation, or in proceedings for municipal acquisition of the grantee's property by purchase or eminent domain. Sec. 10.05. Renewals or Extensions. Every extension, renewal, or modification of any existing franchise, or of any franchise granted thereafter, shall be subject to the same limitations and shall be granted in the same manner as a new franchise. • -2- 111, I • CHAPTER 11 PUBLIC OWNERSHIP AND OPERATION OF UTILITIES Sec. 11.01. Acquisition and Operation of Utilities. The city may own and operate any gas, water, heat, power, light, telephone or other public utility for supplying its own needs for utility service, or for supplying utility service to private consumers or both. It may construct all facilities reasonably needed for that purpose, and may acquire any existing utility properties so needed; but such action may only be taken by ordinance, which shall not be an emergency ordin- ance. The operation of all public utilities owned by the city shall be under the supervision of the city council. Sec. 11.02. Rates and Finances. The council may by ordinance fix rates, fares and prices for municipal utilities, but such rates, fares and prices shall be just and reasonable. The council shall endeavor to make each municipal utility financ- ially self-sustaining. Before any rates, fares or prices for municipal utilities shall be fixed by the council, the council shall hold a public hearing on the matter in accordance with Section 11.06 of this chapter. The council shall prescribe the time and the manner in which payments for all such utility services shall be made, and may-makemake-suchotherother-regulations--asmay be necessary, --and-prescribe penalties__for ---- - --- violations of such regulations. Sec. 11.03. Purchase in Bulk. The council may in lieu of providing for the local production of gas, electricity, water and other utilities, purchase the same in bulk and resell them to local consumers at such rates as it may fix. Before such rates are fixed by the council, the council shall hold a public hearing on the matter in accordance with Section 11.06 of this chapter. Sec. 11.04. Lease of Plant. The council may, if the public interest will be served thereby, contract with any responsible person, co-partnership or corporation for the operation of any utility owned by the city upon such rentals and conditions as it may deem necessary; but such contract shall not be an emergency ordinance. In no case shall such contract be for a longer telui than ten years. Sec. 11.05. Public Utility. How Sold. No public utility owned by the city shall be sold or otherwise disposed of by the city unless the full terms of the proposition of said sale or other disposition thereof, together with the price to be paid therefore, shall be embodied in an ordinance approved by a majority of the registered voters voting thereon at a general or special election. Sec. 11.06. Notice of Public Hearings. Notice of public hearing required by this chapter shall be published at least once in the official newspaper at least ten days • prior to the date of the hearing. Additional notice of such public hearings may be given in such manner as the council may determine. 4 -2- CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Sec. 12.01. Official Publications. The council shall annually designate a legal newspaper of general circulation in the city as its official newspaper in which shall be published o-dinances and other matters required by state law to be so published, as well as such other matters as the council may deem it in the public interest to have published in this manner. Sec. 12.02. Oath of Office. Every officer of the city shall, before entering upon the duties of his/her office, take and subscribe an oath of office in sub- stantially the following form: "I do solemnly swear (or affirm) to support the Constitution of the United States and of this state and to discharge faithfully the duties devolving upon me as (mayor, councilmember, clerk-administrator, etc. ) of the City.of Mounds View to the best of my judgment and ability". Sec. 12.03. City Officers Not to be Interested in Contracts. Except as otherwise permitted by state law, no officer of the city, who is authorized to take part in any manner in any contract with the city, shall voluntarily have a personal financial interest in such contract or personally benefit financially therefrom. Sec. 12.04. Official Bonds. The clerk-administrator, the city treasurer, and such other officers or employees of the city as may be provided for by ordinance shall each, before entering upon the duties of his/her respective office or employ- ment, give a corporate surety bond to the city in such form and in such amount as • may be fixed by the council as security for the faithful performance of his/her official duties. a This corporate surety bond may be in the form of either individual or blanket bonds at the discretion of the council. They shall be approved by the council, and approved as to form by the city attorney, and filed with the city clerk. The premiums on the bonds shall be paid by the city. Sec. 12.05. Sales of Real Property. No real property of the city shall be disposed of except by ordinance. The proceeds of any sale of such property shall be used as far as possible to retire any outstanding indebtedness incurred by the city in the purchase, construction, or improvement of this or other property used for the same public purpose. If there is no such outstanding indebtedness, the council may by resolution designate some other public use for the proceeds. Sec. 12.06. Vacation of Streets. The council may by ordinance vacate any street or alley or part thereof within the city. Such vacation may be made only after published notice and an opportunity for affected property owner and public to be heard, and upon such further terms and by such procedure as the council by ordinance may prescribe. A notice of completion of such procedures shall be filed in accordance with state law. Sec. 12.07. Statutes not Affected by Charter. All general laws and statutes of the--state--applicable to all cities operatingunder-home-rule charters -or- applic- able to cities of the same class as the City of Mounds View operating under home rule charters, and not inconsistent with the provisions of this Charter, shall apply to the City of Mounds View, and shall be construed as supplementary to the provisions of this Charter. Sec. 12.08. Existing Ordinances and Resolutions Continued. All ordinances, • resolutions and regulations of the municipality in force when this Charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in full force and effect until amended or repealed. -2- 4 Al Sec. 12.09. Officers to Continue in Office for Present Terms. All elective and appointive officers of the city holding office on the effective date of this Charter shall continue in office for the terms to which they were elected or appointed, and until their successors shall have been elected or appointed and qualified. Sec. 12.10. Pending Condemnations and Assessments. Any condemnation or assess- ment proceeding in progress when this Charter takes effect shall be continued and completed under the laws under which such proceeding was begun. All assessments made by the municipality prior to the time when this Charter takes effect shall be collected, and the lien thereof enforced in the same manner as if this Charter had not been adopted. Sec. 12.11. Disposition of Fines and Penalties. All fines, forfeitures and penalties received for the violation of any ordinance shall be paid into the city treasury. Every court or officer receiving such moneys, within thirty days thereafter, shall make return thereof under oath and shall be entitled to duplicate receipts for the amount paid. One of the receipts shall be filed with the city clerk. Sec. 12.12. Ordinances to Make Charter Effective. The council shall by ordinance make such regulations as may be necessary to carry out and make effective the pro- visions of this Charter. Sec. 12. 13. This Charter becomes effective January 1, 1980. 1 -3-