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Ordinance No. 0625 10-25-1976ORDINANCE N0. 625 AN ORDINANCE AP1ENDING THE CITY CHARTER OF THE CITV OF FRTDLEY THE COUNCIL OF THE CITY OF FRIDLEY DOES ORDAIN AS FOLLOWS: That the following Sections of the Fridley City Charter are amended as follows: �i � '"' ,� _.. ;.: .... Section 5.02, EXPENDITURES BY PETITIONERS. No member of any initiative, referendum, or recall committee, no circulator of a signature paper, and no siqner of any such paper, or any other person, shall accept or offer anv reward, pecuniary or otherwise, for service rendered in connection with the circulation thereof, but this shall not prevent the committee from pa,ying for legal advice and from incurring an expense not to exceed $200.00 for stationery, copying, printing, and notaries' fees. A sworn statement substantiating such expenses shall be turned over to the city clerk within 5 days following the filing of a petition. Any violation of the provisions of this section is a misdemeanor. Any violation of this section shall be reoorted by the city clerk to the property authorities for prosecution under statestatutes applying thereto. Section 5.03, FURTHER REGULATIONS. A lawful petition under this Charter may be certified, signed and circulated upon an ordinance to be initiated, an ordinance to be made the subject of a referendum and a proceeding for recall upon the qrounds authorized by law and required by the Constitution of the State of Minnesota, and reasons stated in the certificate, are to be stated and noted in the petition itself. A petition for any other purpose may be made in accordance with procedures established by this Charter or under provisions of law as may be elsewhere provided. A petition under this Charter shall be filed in the office of the cit,y clerk as one instrument, which instrument shall contain any instrument required, a copy of any ordinance proposed, covered or affected, any other document (appropriate to the petition) and all the signature papers and affidavits attached in support of the same. A petition may be signed by any elector. A petition can be circulated and verified only by an elector who has signed the same. All the siqnatures on any petition need not be on one signature paper. The circulator of every paper shall verify by affidavit attached that he (she) was the circulator of the same, that each signature was signed in his (her) presence, and is of the person that same purports to be and that each sic�ner affirmed that he (she) was an elector at the residence stated thereon. Any paper lacking such affidavit or verified by an affidavit false and untrue is insufficient and void of effect. ' The city clerk shall be responsible for determining the validity of signatures. If it is obvious the signature on the petition is the siqnature of the person on the Voter Re9istration Card with which the signature is compared, the signature shall be counted as a valid signature, notwithstanding the fact that the person may have siqned the petition in a different manner when they sianed the Uoter Reqistration Card. Before discarding a siqnature, a reasonable effort shall be made to contact the person(s) in question to determine if, in fact, they did.sign the petition. The insufficiency or irregularity of a oetition shall not orejudice the filing of any new petition for the same purpose, nor shall it prevent the Council from referring any ordinance proposed to the electorate at the next regular or special election, or otherwise acting favorably upon the same. The Council may provide by ordinance such further reaulations for the initiative, referendum, and recall, nat inconsistent with this Charter as it deems necessary. The city clerk, upon receipt of documented information that any signature on any petition paper has been falsely attested to, shall promptly forHtard such information to the proper authority for prosecution under statestatutes appl,yinq thereto. Section 5.05, FORM OF PETITIOPd APID OF SIGNATURE PAPERS. The petition for the adoption of any ordinance shall consist of the ordinance, to�ether with all the signature papers and affidavits thereto attached. Such petition shall not be complete unless signed �by a number of voters equal to at least ten percent of the total number of reqistered voters as January lst of that year. Each signature paper shall be in substantially the following form: INITIATIVE PETITIDN Proposing an ordinance to . . . . . . . . . . . . . . . . (statin� the purpose of the ordinance), a copy of which ordinance is hereto attached. This ordinance is sponsored by the following committee of electors: Name Address 1 . .............. 2 . .............. 3 . . . . . . . . . . . . . . . 4 . .............. 5 . .............. ............... . . . . . . . . . . . . . . . ............... , _,? ` � r�,�;� , ORDINANCE NQ. 625 (Con't.) The undersigned electors, understandinn the terms and the nature of the ordinance hereto attached, petition the council for its adoption, or, in lieu thereof, for its submission to the electors for their approval. Name 1 . . . . . . . . . . . . . . . . 2 . ............... 3 . ............... Address . . . . . . . . . . . . . . . . ................ ................ At the end of the list of signatures shall be appended the affidavit of the circulator mentioned above. Section 5.06, FILING OF PETITIONS AP1D ACTION THEREON. 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 and whether this number is at least ten percent of the total number of regular voters. If he finds the petition insufficient or irregular, he shall at once notify one or more of the committee of sponsors of that fact, certifying the reasons for his finding. The committee shall then be qiven 30 days in which to file additional signature papers and to correct the petition in all other particulars. If at the end of that period the petition is found to be still insufficient or irregular, the clerk shall file it in his office and shall notify each member of the committee of that fact. 1 Section 5.08, INITIATIVE BALLOTS. The ballots used when votinq upon such proposed ordinance shall state the substance of the ordinance and shall c�ive the voters the opportunity to vote either "yes" or "no" on the question of adoption. If a majority of the electors votinq on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the city. Any number of oroposed ordinances may be voted upon at the same election but the voter shall be allowed to vote for or aqainst each separately. In the case of inconsistency between two or more initiative ordinances approved by the electors, the ordinances shall not go into effect until the city council has had 60 days to resolve the inconsistencies. Section 5.13, THE RECALL. Any five electors may form themselves into a committee for the purpose of bringing about the recall of any elected officer of the city in accordance with procedures established in Section 5.03. The committee shall certify to the city clerk the name of the officer whose removal is sought, a statement of the grounds for removal in not more than 250 words, and their intention to bring about his recall. A copy of this certificate shall be attached to each siqnature �aper and no signature paper shall be put into circulation previous to such certification. Section 5.14, RECALL PETITIONS. The petition for the recall of any official shall consist of a certificate identical with that filed with the city c1erk together with all the signature papers and affidavits thereto attached. Each siqnature paper shall be in substantially the following form; RECALL PETITION Proposing the recall of . . . . . . . . . . . . . . . . from his office as . . . . . . ......... which recall is sought for the reasons set forth in the attached certificate. This movement is sponsored by the following committee of electors: Name 1 . ............... 2 . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . Address ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The undersigned electors, understandinq the nature of the charaes anainst the officer � herein souqht to be recalled, desire the holdina of a recall election for that puroose. Name l. . . . . . . . . . . . . . . . . 2 . ................ 3 . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . ................ . . . . . . . . . . . . . . . . At the end of the list of signatures shall be aopended the affidavit of the circulator. _� �' � ` r�j�� �� � ORDINANCE N0. 625 (Con't.) Section 5.19, INSTRUCTIONS TO PETITIONERS. The city clerk shall provide to every person circulatinq a petition for the initiation of an ordinance, the initiation of charter amendments, for a referendum, or the recall of an elected official, written instructions delineating the correct and proper procedure for circulating the petition. The instructions provided will clearly define falsification of a signature and false attestation of a signature and will cite those ordinances, laws, or statutes relating to such acts. Section 6.04, SUBORDINATE OFFICERS. There shall be a city clerk, city treasurer, city attorney, and such other officers subordinate to the city manager as the council may provide for by ordinances. The city attorney and/or legal officer(s) shall be �appointed by the city manager with approval of the council. The city clerk shall be subject to the direction of the city manager and shall have such duties in connection with the keeping of the public records, the custod,y, and disbursement of the public funds, and the general administration of the city's affairs as shall be ordained by the council. He may be designated to act as secretary of the council. The council may by ordinance abolish officers which have been created by ordinance and it may combine the duties of various offices as it may see fit. Section 6.05, PURCHASES AND CONTRACTS. The city mana�er shall be the chief purchasing agent of the city. All purchases on behalf of the city shall 6e made, and all contracts let, by the city manager, provided that the approval of the council must be qiven in advance whenever the amount of such purchase or contract exceeds the amount stated in the state statutes. All contracts, bonds, and instruments of every kind to which the city shall be a party shall be signed by the mayor on behalf of the city, as well as by the city manager, and shall be executed in the name of the cit,y. Section 6.06, CONTRACTS, HOW LET. In all cases of contracts for the purchase of merchandise, materials or equipment or for any kind of construction work undertaken by the city, which reauire an expenditure of more than that which is set by the state statutes, unless the council shall by an emergency ordinance otherwise provide, the city manager shall advertise for bids b,y at least 10 days published notice in the official newspaper. When a bid is required, it shall be let to the lowest responsible bidder as determined by the council. The council may, however, reject any and all bids. Nothing contained in this section shall prevent the council from contractina for the rdoing of work with patented processes, or from the purchasinq of patented appliances. Section 7.04, PREPARATION OF ANNUAL BUDGET. The city manager shall prepare the estimates for the annual budget which shall include any estimated deficit for the current year. The estimates of expenditures shall be submitted by each department to the city manager. Eash estimate shall be divided into three major subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital 0utlay. Salary detail shall show a list of all salaried officers and positions with salary allowance and number of nersons holding each. ldages shall be broken down in sufficient detail to justify the request. Ordinary expenses shall be broken down into such detail as the city manaqer shall direct. Capital Outlay shall be itemized as to items and amounts. In parallel columns shall be added the amounts expended under similar heads for the two preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimates of expenditures, the city manager shall prepare a detailed statement of revenues collected for the two precedinq completed fiscal years with amounts estimated to be collected for the current fiscal year, and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted to the council at its first regular monthly meeting in August and shall be published in summary in the official publication prior to the Aunust meeting. Section 7.05, PASSAGE OF THE BU�GET. The budnet shall be the principal item of business at the first regular monthly meetinq of the council in Auqust, and the council shall hold subsequent meetings from time to time until all the estimates have been considered. The meetings shall be so conducted as to qive interested citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions. The budget estimates shall be read in full and the city manager shall explain the various items thereof as fully as may be deemed necessary by the council. The annual budnet finally agreed upon shall set forth in such detail as may be determined by the city council, the complete financial plan of the city for the ensuing fiscal year, and shall be signed by the majority of the council upon beinq adopted. It shall indicate the sums to be raised and from what sources, and the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The total sum appropriated shall not exceed the total estimated revenue. The council shall adopt the budqet during the month of October by ordinance which shall set forth the total of the bud�et and the totals of the major divisions of the budget, accordina to the plan indicated in Section 7.04. The budget ordinance as adopted shall 6e published in the official publication. �_•,,, ,, --_. ' �� �� ORDINANCE N0. 625 (Con't.) Section 7.09; LEVY AND COLLECTIOfI OF TFlXES. On or before the 5th day of November, each year the council shall levy by resolution the taxes necessary to meet the require- ments of the budget for the ensuing fiscal year. The city clerk shall transmit to the county auditor annually not 1ater than the lOth of November, a statement of all the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in like manner as state and county taxes. No tax shall be invalid by reason of any informality in the manner of levyinq the same, nor because the amount levied shall exceed the amount required to be raised for the special purpose for which the same is levied, but in that case the surplus shall qo into a suspense fund, and shall be used to reduce the levy for the ensuin� year. Section 7.14, ACCOUPlTS AND REPORTS. The city manaqer shall be the chief accounting officer of the city and of every branch thereof, and the council may prescribe and enforce proper accounting methods, forms, blanks, and other devices consistent with the law, this charter, and the ordinances in accord with it. He shall submit to the council a statement each month showing the amount of money in the custody of the city treasurer, the status of all funds, the amount spent or chargeable aqainst each of the annual budget allowances and the balances left in each, and such other information relative to the finances of the city as the council may require. The council may at any time and shall annually provide for an audit of the city finances by a certified public accountant or by the department of the state authorized to make examinations of the affairs of municipalities. On or before the first day of April in each year the city manager shall prepare a complete financial statement in form approved by the council of the city's financial operations for the precedin4 calendar year, and quarter, which statement may be published in such manner as the council may direct and a summary thereof shall be published in the official newspaper on or before the third week in April, July, October, and January as aporopriate. ' Section 10.05, RATES AND CHARGES. Every public utility or franchisee making use of the street or public places within the city shall ctive courteous, efficient and adequate service at reasonable rates. A reasonable rate shall be construed to be one which will, with efficient management, normally yield a fair return on all property used and useful in furnishing service to the city and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there by any return upon franchise value. Within these limits the determination of maximum rates, fares, or charges to be charged � by any public utility or franchisee for service rendered to the cit,y or any oerson, persons, firm or corporation within the city shall be made, if possible, by direct negotiations between the public utility or franchisee and the council. In case of — failure to reach an agreement by this method within a reasonable time the council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the public utility or franchisee; provided, however, that the rates, fares, or charges so fixed by arbitration shall not be bindinn on the city for more tha� five years. Section 10.06, PROVISIONS OF FRANCHISES. Every franchise shall contain, amonq other things, provisions relating to the following: (1) The term of the franchise qranted, which shall not exceed 25 years. (2) Rates, fares and charges to be charged by the public utility or franchisee in compliance with the terms and provisions of Section 10.05. (3) The rights reserved to the city in connection with the erection of poles, masts or other fixtures in the streets or public places and the attachment of wires thereto, the laying of tracks in or of pipes or conduits under the streets or pu6lic places, and the placinq in the streets or other public places of any permanent or semi-permanent fixtures or equipment by the public utility or franchisee. (4) The prompt repair by the public utilit,y or franchisee of all damages to the public streets, alleys and public property occasioned 6y the acts or omissions of the public utility or franchisee. (5) The rights of the city to have access to all books, records, and papers of the public utility or franchisee which in any way deal with, affect or record its operations within and pertaininq to the city and pertaininq to property and equipment used and useful in furnishing service to the city and its inhabitants. (6) The power and right of the city to submit to arbitration the fixing of any rates, fares or charges to be made by the public utility or franchisee. (7) The right of the public utility or franchisee to receive upon condemnation proceedings brought by the city to acquire the public utility or franchisee compensation for its franchise or the value thereof, if any. - 1 � �. � ORDINANCE N0. 625 (Con't) Section 10.09, PUBLIC HEARINGS. Before any franchise ordinance is adopted or any rates, fares or charges to be charged by the public utility or franchisee are fixed, there shall be a public hearing by the council, in reqard thereto. Notice of such public hearing shall be given by published notice at least once in the official newspaper not less than twenty (20) days prior to the date of such public hearing. Additional notice of such public hearing may be given in such manner as the council shall determine. ,PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY DF FRIDLEY THIS 25TH DAY OF OCTOBER, 1976. ������� Y `"'� V MRYOR - WILLIAM J. NEE ATTEST: ��-r ��.,,c��°�� CITY CLERK - MARVIN C. BR SELL Public Hearing: Apri] )2, 1976 and May 17, 1976 First Reading: April 19, 1976 and May 17, 1976 �Second Reading: October 25, 1976 Publish.......: November 3, 1976 .