CHA 01/28/2008 ••••• TO: Charter Commission Members
_ FROM: Deb Skogen, City Clerk and Staff Liaison
January 25, 2008
CITYOF Re: Charter Meeting
FRIDLEY
The next Charter Commission meeting will be held on Monday,January 28,2008 in Meeting
Room 1 in the lower level of City Hall.
Remember, the Charter Commission policy requires a member to call or e-mail me before 8:00
a.m. Monday, January 28th, as to whether or not they plan on attending the meeting. Please
remember to call or e-mail me by Monday morning.
If there will not be a quorum, those Commissioners who called will receive a phone call
notifying them there will not a quorum and the meeting will be cancelled. A notice will then be
placed on the door of the cancellation of the meeting for those commissioners who did not call,
but came to the meeting.
n
•
CITY OF FRIDLEY
CHARTER COMMISSION
AGENDA
MONDAY, JANUARY 28, 2009 AT 7:00 P.M.
LOCATION: Fridley Municipal Center
Meeting Room 1, Lower Level
CALL TO ORDER:
ROLL CALL:
1. APPROVAL OF AGENDA:
2. APPROVAL OF MINUTES
November 26,2007
3. Administrative Matters
A. Appoint Nominations Committee for 2008-09 Officers
4. Proposed Ordinance Amendment Chapters 1-4 (TABLED TO MARCH 2008)
5. Discussion of Chapter 5—Review of Changes
6. Discussion of Chapter 6—Review of Changes
7. Discussion of Chapter 7
8. Discussion of Future Items
9. ADJOURNMENT
Next regular meeting: Monday, February 25, 2008, at 7:00 p.m. in Meeting
Room 1 in the Lower Level
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
November 26,2007
CALL TO ORDER:
Chairperson Borman called the Charter Commission meeting to order at 7:02 p.m.
ROLL CALL:
Members Present: Borman,Braam,Hoiby,Jorgenson,Kirkwood,Kranz,Linder,Plummer,Reynolds,Ryan
and Soule
Members Absent: Findell,Gordon,and Scholzen
Others Present: Deb Skogen,City Clerk/Staff Liaison
APPROVAL OF AGENDA:
Commissioner Ryan MOVED and Commissioner Braam seconded a motion to approve the agenda.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF OCTOBER CHARTER COMMISSION MINUTES:
Commissioner Ryan MOVED and Commissioner Braam seconded a motion to approve the October 22,2007,
Charter Commission Minutes.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
1. ADMINISTRATIVE MATTERS
Staff reviewed the results of the November 20,2007,special election pertaining to the charter amendment to Chapter
7 of the Charter removing utility charges from the restrictive language. The amendment was adopted with a yes vote
of 1,737 and a new vote of 801. The amendment will become effective 30 days after the election.
2. REVIEW AND DISCUSSION OF CHAPTER 5
Review of changes to Chapter 5 were made. Changes will be incorporated with Chapters 1-4.
3. REVIEW AND DISCUSSION OF CHAPTER 6
The materials provided by staff were reviewed. Most cities continue to use the terminology of"let."
Commissioner Soule wondered if contracts for a lease should be included under Chapter 6,as state law does refer to
leases as an enhancement of the language and for fiscal responsibility. Commissioner Jorgenson said there are times
where the City might lease some equipment in an emergency to repair something,for instance,street,water or sewer
repair.
The Commissioners discussed the language and determined the language in Section 6.06 would be changed as
follows:
CHARTER COMMISSION MEETING OF NOVEMBER 26,2007 PAGE 2
In all cases of contracts for the purchase,rental or lease,of merchandise..."
There are additional ways to procure contracts other than outright purchasing and this is a better means to provide
the city council.
There are several areas in the charter that state they may also advertise in trade journals
In the official newspaper or as required by state law. Discussion of how companies fmd projects.
How do you get the word out to everyone? The Focus does not cover all houses in the City. When something is
advertised,want to reach as many people as we can. Newspapers are now going online and you can see certain
articles. Paper is good to have as well. The City should be able to go to all types of publications as possible.
The language to Section 6.06 should be changed as follows:
City Manager shall advertise for bids by at least ten days published notice in the official newspaper,or other means
authorized by state statute.
4. FURTHER REVIEW AND DISCUSSION OF CHAPTER 5
Don Findell suggested changing Section 5.21 as follows:
2. Unless the officer whose removal is sought resigns If the officer sought to be recalled does not resign within ten
(10)days after the receipt by the Council of the completed recall petition,the€er-ef question to be placed on
the ballot at-such the recall election referenced in Section 5.19 shall be:
There was a discussion of who investigates the charges on the recall are sufficient. The whole purpose of the recall
is to allow the voters to remove someone from office. Was a petition ever brought forward? There may have been a
petition in the 1960's pertaining to the tornado. There were two other city council members who appeared to be
violating the open meeting law. If the allegation is out there,would the allegation be a reason to remove the elected
official. Section 5.20 allows the officer to provide an answer to the complaint.
What is harmful and who would it be harmful.
There doesn't appear to be any checks or balances and it is possible it could be misused to put someone out of office.
For instance,with the I-35 problem,there was an investigation. Here there is no investigative process,like sending it
to the County Attorney to see if there is justification to go forward. Do you do it before or after the petition is
circulated? Feel it should be done before the petition is circulated. For instance,if there is a taking of bribe,
someone has to report it to begin an investigation.
Used to be a provision which was removed,nonfeasance was neglect to do.
There was a question as to whether or not a councilmember was called to action,if that individual would have to
resign.
Staff should get information regarding recall for the January meeting for further discussion.
5. DISCUSSION OF FUTURE ITEMS
Discussion of Chapter 5,6 and 7.
CHARTER COMMISSION MEETING OF NOVEMBER 26,2007 PAGE 3
ADJOURNMENT:
Commissioner Findell MOVED and Commissioner Braam seconded a motion to adjourn the meeting.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 8.26 P.M.
Respectfully submitted,
Debra A. Skogen, Carol Hoiby, Secretary
City Clerk/Staff Liaison
ORDINANCE NO.
AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 2.
CITY COUNCIL ORGANIZATION, CHAPTER 3. PROCEDURE OF COUNCIL,AND
CHAPTER 4. NOMINATIONS AND ELECTIONS
After consideration and recommendation of the Fridley Charter Commission, the Fridley City
Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule
Charter be hereby amended as follows:
SECTION 1: That Chapter 2 of the Fridley Home Rule Charter be hereby amended as
follows:
CHAPTER 2. CITY COUNCIL ORGANIZATION
SECTION 2.02. ELECTIVE OFFICERS.
1. The Council shall be composed of a Mayor and four (4) Councilmembers who shall be
eligible voters as defined by Section 1.04.1 of this Charter. (Ref. Ord. 1034)
6. The Council shall be the judge of the election of its members. (Ref. Ord. 1031) serve as the
canvassing board for city elections.
SECTION 2: That Chapter 3 of the Fridley Home Rule Charter be hereby amended as
follows:
CHAPTER 3. PROCEDURE OF COUNCIL
SECTION 3.01. COUNCIL MEETINGS
3. From time to time the Council may hold conference meetings at which matters are discussed
but no formal action is taken. Most conference meetings should be scheduled at the same
time as the City Council schedule is made by resolution.
Section 3.02. SECRETARY OF COUNCIL.
The Council shall cheese approve a Secretary to serve at its meetings. The Secretary shall prepare
the journal of minutes of proceedings. The Secretary shall also prepare other records and perform
other duties as may be required by this Charter or by vote of the Council. The Council may
designate any official or employee of the City, except the City Manager or a member of the
Council,to act as Secretary of the Council. (Ref. Ord. 1074)
Section 3.04. ORDINANCES,RESOLUTIONS AND MOTIONS.
Except as otherwise provided in this Charter, all legislation shall be by ordinance. Every ordinance
and resolution shall be presented in writing and read in full at a Council meeting. All administrative
business may be transacted by ordinary motion. Upon the vote on ordinances, motions, and
resolutions the ayes and Bees nays shall be recorded unless the vote is declared unanimous. An
affirmative vote of at least three (3) members of the Council is required for the passage of all
ordinances, except as otherwise provided in this Charter. Resolutions and motions require a
majority vote of the Councilmembers in attendance at the meeting, except as otherwise provided in
n this Charter. (Ref. Ord. 1074)
Ordinance No. Page 2
�.., Section 3.06. EMERGENCY ORDINANCES.
1. An emergency ordinance is an ordinance necessary for the immediate preservation of the
public peace, health, morals, safety or welfare in which the emergency is defined and
declared, and which is passed by a vote of at least three (3) members of the Council, as
recorded by ayes and noes nays.
Section 3.10. CODIFICATION OF ORDINANCES.
The ordinances of the City shall, at intervals of not more than five (5)ten (10) years, be rearranged
and codified with such additions and deletions as may be deemed necessary by the Council. The
codification shall be published in book or continuously revised loose-leaf form or stored by
electronic means such as a computer. Copies of the Code of City Ordinances or any portion of it
shall be made available by the Council at the office of the City Clerk for general distribution to the
public at a reasonable charge. Each copy shall contain a printed certificate attested to by the City
Clerk,that the publication is correct, and each copy so published shall be received in evidence in all
courts for the purpose of providing the ordinances contained in it, the same as if the original
ordinances were produced in court. (Ref. Ord. 1074)
SECTION 2: That Chapter 4 of the Fridley Home Rule Charter be hereby amended as
follows:
CHAPTER 4. NOMINATIONS AND ELECTIONS
Section 4.02. REGULAR MUNICIPAL ELECTIONS.
- .. •. . .., - -- •. . . • . Oen the first Tuesday after the first Monday in November
municipal general elections shall be held, at such place or places as the City Council may designate
by resolution. Regulaf General municipal elections shall be held every even numbered year. The
Council may divide the City into as many voting precincts as it may from time to time deem
necessary. Each ward shall constitute at least one (1) voting precinct and no precinct shall be in
more than one (1) ward. At least fifteen (15) days' notice shall be given by the City Clerk of the
time and places of holding such election, and of the officers to be elected, by posting a notice
thereof in at least one (1)public place in each voting precinct and by publishing a notice thereof at
least once in the official newspaper of the City, but failure to give such notice shall not invalidate
such election. (Ref. Ord. 919)
Section 4.05. JUDGES OF ELECTION.
The Council shall at least twenty-five (25) days before each municipal election appoint two (2)
registered voters of each voting precinct to be judges of elections therein and one (1) registered
voter of-the same precinct to be head judge of election, or as many more or-less as may be
determined by the Council. No person signing or circulating a petition of nomination of candidate
for election to office or any member of a committee petitioning for a referendum or recall shall be
eligible to serve as a judge of such election.(Ref. Ord. 592,Ord. 873)
Section 4.08. CANVASS OF ELECTIONS AND TAKING OF OFFICE.
If more than two candidates filed for office,the Council shall meet and canvass the primary election
returns within two (2) calendar days after any primary election,. The two candidates for each office
who receive the highest number of votes shall be nominees for the office named. Their names shall
n be certified by the city clerk to the County Auditor who shall place them on the municipal general
Ordinance No. Page 3
election ballot without partisan designation. The Council shall meet and canvass the general
(regular) election or special election returns within seven (7) calendar days after any regular or
special election, shall make full declaration of the results, and file a statement thereof with the City
Clerk. Said statement shall be made a part of the minutes. This statement shall include: (a)the total
number of good ballots cast; (b) the total number of spoiled or defective ballots; (c) the vote for
each candidate, with a declaration of those who are elected; (d) a true copy of the ballots used; (e)
the names of the judges of election; and(f) such other information as may seem pertinent. The City
Clerk shall forthwith notify all persons elected of the fact of their election, and the persons elected
shall take office at the time provided for by Section 3.01, upon taking, subscribing and filing with
the City Clerk the required oath of office. (Ref. Ord. 592)
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 200_.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
Fridley City Charter-Chapter 5
FRIDLEY CITY CHARTER
CHAPTER 5. INITIATIVE, REFERENDUM AND RECALL
Section 5.01. POWERS RESERVED BY THE PEOPLE.
The people of the City of Fridley reserve to themselves the power, in accordance with the provisions
of this Charter, to initiate and adopt any ordinance, except an ordinance appropriating money or
authorizing the levy of taxes; to require any ordinance when passed by ouncil to be referred to
the electorate for approval or disapproval; and to recall elected pub •fficials. These powers shall
be called the initiative,the referendum, and the recall,respectiv , . (' : d. 857, 1142)
Section 5.02. EXPENDITURES BY PETITIONERS.
No member of any initiative, referendum, or rec � `r ittee,� ttee, circulator of a .tore paper,
and no signer of any such paper, or any other person, s # -pt o offer any re ard, pew
monetary or otherwise, for service rend -d in connection e circulation thereof,4ut Tthis
shall not prevent the committee from pay 1 advice; an• > urring an expense not to
exceed $200 for stationery, copying, printing d n• es A orn statement substantiating
such expenses shall be . er to the City g1- within - 5) days following the filing of a
sufficient petition. An --olatio e provision I f this Section is a misdemeanor. Any violation
of this Section shal •= +rted b e City Clerk e proper authorities for prosecution under
State Statutes a••1 n ther- • r
Sectio i 3. FURTH UL S
1. A petition this arter may be submitted, signed and circulated upon an
ordin. E • be initiat or upon an ordinance to be made the subject of a referendum or on
a proceedi rec. upon the grounds authorized by law and required by the Constitution
of the State of =aW esota. Reasons stated in the proposed petition,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. (Ref. Ord. 625, 1142)
2. A petition under this Charter shall be filed in the office of the City Clerk as one (1)
instrument, which instrument shall contain any required documents (appropriate to the
1
Fridley City Charter-Chapter 5
petition), a copy of any ordinance proposed, covered or affected, and all the signature papers
and affidavits attached in support of the same. (Ref Ord 1142)
3. A petition may be signed by any registered voter. A petition can be circulated and
verified only by a registered voter who has signed the same. All the signatures on any
petition need not be on one (1) signature paper. The circulator of each group of signature
papers shall be verified as the circulator of the same by attachedL affidavit which states
that each signature was signed in the circulator's presence apd4s of the person that the
same purports to be and that each signer was affirmed as.a.'registered voter at the
residence stated thereon. Any paper lacking such affidavit or verified by an affidavit
false and untrue is insufficient and void of effete (Ref Ord. 625, 85'4 1142)
4. The insufficiency or irregularity of a petition shall not prejudice the filing ► new
petition for the same purpose, nor shall it prevenhe Council from referring any
ordinance proposed to the electorate at the next regular?or special election, or otherwise
acting favorably upon the same. (Ret Ord. 625)
5. The Council may provide by ordinance ;such further regulations for the initiative,
S " w:
referendum, and recall not inconsistent;:with bus C a.s it deems necessary. (Ref. Ord.
625)
6. The City Clerk,ClerK4p9n receipt of documented nformation that any signature on any petition
paper has been falsely ryatte 9 shall promptly forward such information to the proper
author°for� r un
secution der StateeStatutes applying thereto. (Ref. Ord. 625)
4p : °.INITIATIVE
Section 5.04 ITIATION OF MEASURES.
Any five (5) register voters nay form a committee for the initiation of any ordinance as provided
s�k
in Section 5.03.01. Byre circulating any petition the committee shall file a copy of the proposed
ordinance with the City Clerk along with the names and addresses of members of said committee.
The committee shall attach a verified copy of the proposed ordinance to each of the signature papers
herein described, along with their names and addresses as sponsors thereof A verified copy of the
proposed ordinance shall be a copy to which the City Clerk affixes the words: "Proposed Ordinance
on File. Fridley City Clerk: Date: ." (Ref. Ord. 857, 1142)
2
Fridley City Charter-Chapter 5
Section 5.05. FORM OF PETITION AND OF SIGNATURE PAPERS.
The completed petition for the adoption of any ordinance not yet in effect shall consist of the
ordinance, together with all the signature papers and affidavits thereto attached. Such petition shall
not be complete unless signed by at least ten percent (10%) of the total number of registered voters
as of January 1st of that year. Each signature paper shall be in substantially the following form:
9=�f•
INITIATIVE PETITION
Proposing an ordinance to (stating the purposeti '`the d ance), a copy of which
ordinance is hereto attached. This ordinance is sponsored by he ollowing ommittee of registered
voters:
Name (Please Print) Address (Please Print)
1.
2. r=
3.
4.
5.
The undersigned registered voters, understanding the terms at tie nature of the ordinance hereto
attached,petition the Council for its adoption, or,In lieu thereof, for its submission to the electorate
for their approval.
Name (Please Print) Address (Please Print) Signature
1.
2.
3.
ef�
At the end of e ch group of gnatures papers shall be appended the affidavit of the circulator
mentioned in Section, .03 03':(Ref. Ord. 625, 857, 1142)
Section 5.06. FILING OF PETITIONS AND ACTION THEREON.
Within five (5) days after the filing of the completed petition, the City Clerk shall ascertain by
examination the number of signatures appended thereto and whether this number is at least ten
percent (10%) of the total number of registered voters, as of January 1st of that year. If the City
n Clerk finds the petition insufficient or irregular, the City Clerk shall at once notify one (1) or more
3
Fridley City Charter-Chapter 5
of the committee of sponsors of that fact, stating the reasons for the insufficiency or irregularity.
The committee shall then be given thirty (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 petition shall be filed in the City Clerk's office and no further action
shall be taken. The City Clerk shall notify each member of the committee of that fact. (Ref. Ord.
625, 857, 1142)
Section 5.07. ACTION OF THE COUNCIL ON PETITIONS.
When the completed petition is found to be sufficient *tit)/Clerk shalltsmit the initiative
petition to the Council at its next meeting, stating the number of petitioners andahe percentage of
the total number of registered voters which they constit t , and st .Council shall at once read the
ordinance and refer it to an appropriate committee, which be a committee of the whole. The
committee or Council shall thereupon provide for public hearings a` upon the ordinance, after the
holding of which the ordinance shall b fin ,acted upon bg 'file Council not later than
sixty-five (65) days after the date upon whic ,it was if to the Council by the City Clerk.
If the Council fails to pass A ;oposed ordin e, or passes~it in a form different from that set
x,�
forth in the petitioned unsatisfactory to the petitioner, the proposed ordinance shall be
submitted by the Count to the electorate at the, inext regular municipal election; but if the
number of signers pf the petits is equalI *3least fifteen percent (15%) of the total number of
register:-'Voters, the council stscall a special election upon the measure. Such special
electiolfffia,11 be held not leks.than =i3 a-(49) fifty-three (53) nor more than sixty (60) days
from the dad of final action'Oh the ordinance by the Council or after the expiration of sixty-five
(65) days from`te date of submission to the Council when there has been no final action; but if a
regular election is to cc within three (3) months, the Council may submit the ordinance at that
election. If the Council passes the proposed ordinance with amendments and at least four-fifths
(4/5) of the committee of petitioners do not express their dissatisfaction with such amended form
by a statement filed with the City Clerk within ten (10) days of the passage thereof by the
Council,the ordinance need not be submitted to the electorate. (Ref. Ord. 857, 1142)
4
Fridley City Charter-Chapter 5
Section 5.08. INITIATIVE BALLOTS.
The ballots used when voting upon such proposed ordinance shall state the substance of the
ordinance and shall give the electorate the opportunity to vote either "Yes" or "No" on the question
of adoption. If a majority of those voting on any such ordinance vote in favor of it, it shall
thereupon become an ordinance of the City. Any number of proposed ordinances may be voted
upon at the same election but the voter shall be allowed to vote for or against-each separately. In the
case of inconsistency between two (2) or more initiative ordinances i approved by the voters, the
ordinances shall not go into effect until the City Council hagiliad six x±60) days to resolve the
inconsistencies. (Ref. Ord. 625, 857)
Section 5.09. INITIATION OF CHARTER AMENDMENTS.
The ways to initiate amendments to this Charter are set forth Minnesota Statutes. (Ref. Ord. 857,
914.)
RE ERENDUM
Section 5.10. THE REFERIDUM.
If prior to the date when an ordinance takes effect `petition signed by at least fifteen per cent(15%)
of the total number of registered votgts:asofJanuary':-4f voters of that year request that any such ordinance
be repealed or�be submitted to 'vote of the ele o s, the ordinance shall thereby be prevented from
going into`operation (lei Ord. g5 n1142)
x,142)
Section 5.1M13,..EFERENDU*PETITIONS.
Any five (5) registered voters may form a committee for the purpose of petitioning for a
referendum as provided:in Section 5.03.01. Before circulating any petition, the committee shall
file a copy of the proposed referendum petition and a copy of the ordinance proposed to be
repealed with the City Clerk along with the names and addresses of members of said committee.
The committee shall attach a verified copy of the referendum and the ordinance to be repealed to
each of the signature papers herein described, along with their names and addresses as sponsors
thereof. A verified copy of the ordinance proposed to be repealed to the referendum shall be a
5
Fridley City Charter-Chapter 5
copy to which the city clerk has affixed the words: "Proposed Ordinance on File. Fridley City
Clerk , Date ." A referendum petition shall read as follows:
REFERENDUM PETITION
Proposing the repeal of an ordinance to (stating the purpose of the ordinance), a copy of which
ordinance is hereto attached. The proposed repeal is sponsored by the following committee of
registered voters:
Name (Please Print) Address (Please Print)
1.
:y
2. ,,,.
3.
4.
5. ..m
The undersigned registered voters, understanding the nature aathe ordinance hereto attached and
believing it to be detrimental to the welfare ? tc City,petition the4Cpuncil for its submission to the
.sot
electorate for their approval or disapproval
Name (Please Print) Address (Please Print) Signature
1. ,,„� y ;
2. bs
3. ,.;�
At the end of each group ot signatures papers shall be appended the affidavit of the circulator
i,%
mentioned:in Section 5.03.03. (R Ord. 625, 857, 1142)
Section 5.12'AILING OF REFERENDUM PETITIONS
1. REFERUM PETITION PROPOSING REPEAL OF CHARTER AMENDMENT
4
The requirements for th urpose of petitioning for a referendum repealing a charter amendment are
set forth in Minnesota Statutes.
2. REFERENDUM PETITION PROPOSING REPEAL OF AN ORDINANCE
Within five (5) days after the filing of the completed referendum petition, the City Clerk shall
ascertain by examination the number of signatures appended thereto and whether this number is at
least fifteen percent (15%) of the total number of registered voters, as of January 1st of that year. If
6
Fridley City Charter-Chapter 5
the City Clerk fords the petition insufficient or irregular, the City Clerk shall at once notify one (1)
or more of the committee of sponsors of that fact, stating the reasons for the insufficiency or
irregularity. The committee shall then be given thirty(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 petition shall be filed in the City Clerk's office, no
further action shall be taken, and the ordinance will become effective immediately or on the date
specified. The City Clerk shall notify each member of the committee,'that fact. (Ref. Ord. 1142)
Section 5.13. REFERENDUM PETITIONS; SUSPENSION OFEFFECT" ORDINANCE
When a referendum petition is filed with the City Clerk, the ordinance sought tcbe reconsidered
shall be suspended from taking effect. Such suspension;' all ter ate when:
1. There is a final determination of insufficienty:of the petition;or
2. The petitioner's committee withdraws the petits ,tior
3. The council repeals the ordinaiie ; r,,
4. Upon seven days after canvass of election is completed when a majority of those
voting Ihvor-tke,on any such ordinance vote ifilaVor of it. (Ref. Ord. 1142)
eg
Y4.
tiw
Section 5.14. ACTION OF THE COUNCIL ON RBF4RENDUM PETITIONS
If the referenda tition or amended ref °petition is found to be sufficient, the City Clerk
shall transmit the referendum petit* to the Council at the next regular Council meeting. The
Council shall thereupon reconsider the o rdinance and either repeal it or by aye and no vote re-affirm
4°i r
its adherence e ordinance r s passed. If the Council votes to reaffirm the ordinance,the Council
shall immediately;order a special election to be held thereon, not less thane-(49)fifty-three
(53) nor more thaii ,cys after such meeting, or submit the ordinance at the next regular
municipal election. (Ref.Ord. 1142)
Section 5.15. REFERENDUM BALLOTS.
The ballots used in any referendum election shall conform to the rules laid down in Section 5.08 of
this Charter for initiative ballots.
7
Fridley City Charter-Chapter 5
n RECALL
•
Section. 5.16. THE RECALL
Any five (5) registered voters may form a committee for the purpose of bringing about the recall of
any elected officer of the City as provided in Section 5.03.01.
Before circulating any petition, the committee shall-file with the City Clerk a copy of a statement
naming the elected officer whose removal is sought, a statement of the ids for removal in not
more than two hundred fifty (250) words, and their intention to about the recall with their
names and addresses as members of said committee. The statement ofands for removal of the
elected officer must identify malfeasance or nonfeasanceeof conduct in the cer's performance of
official duties. Malfeasance constitutes an illegal or harmful act which an elected**,ial should not
•
perform in an official capacity. Nonfeasance is the negl00,,or reFusal to perform official duties. The
committee shall also attach a verified copy of said statement to
w .each of the signature papers herein
r5ry�,:
described, together with their names and*dresses dresses as sponso reol A verified copy of said
ass ,'
statement shall be a copy to which the city clerk ll.affix the foll words: "Proposed Recall
Statement on File. Fridley City Clerk(Attest): D � (Ref. Ord. 625, 857, 1142)
Section 5.17 RECALL PETITIONS
The petition for the recall of'.any elected official shall consist of the statement identical with that
filed with the.Ci Clerk,together with all the signature papers and affidavits thereto attached. Such
petition .hall not be considered to he omplete unless signed by at least twenty five percent (25%)
of the total number of registered voters°of the Ward or City represented by the office holder as of
January 1st Of year. Each nature paper shall be in substantially the following form:
RECALL PETITION
Proposing the recall of from office as which recall is sought for the reasons set
forth in the attached statement. This movement is sponsored by the following committee of
registered voters:
Name Address
1.
2.
3.
8
Fridley City Charter-Chapter 5
n 4•
5.
The undersigned registered voters, understanding the nature of the charges against the officer herein
sought to be recalled,desire the holding of a recall election for that purpose.
Name Address Signature
1.
2.
3.
At the end of each group of signatures papers shall be appended the affidavit of the circulator
mentioned in Section 5.03.03. (Ref. Ord. 625, 857, 1142)
Section. 5.18 FILING OF PETITION. `
Within thirty (30) days after the filing of t original proposed petition, the committee shall file the
completed petition in the Office of the City' lee City Clerk s�examine the petition within
the next five (5) days, and if the City Clerk finds it*gulp,or findsthat the number of signers is
less than twenty-five percent %) of the total• .umber of registered voters of the Ward or City
represented by the office holder as p January 1 of hat year,the City Clerk shall so notify one (1)or
L 4 yi n"n
more members of the CiMujttee advising the reasons for the insufficiency or irregularity. The
committee shall then be giver,ten (10) s4in °which to file additional signature papers and to
correct the petition inarther resets, but they may not change the statement of the grounds upon
which the recall is sought. ` the end 6f,of that time the City Clerk finds the petition still insufficient
or irregular*the members of`the committee shall be notified to that effect and the petition shall be
filed in the City Cl k's office No further action shall be taken thereon. (Ref. Ord. 857, 1142)
Section. 5.19. RECALL'ELECTION.
If the petition or amended petition is found sufficient, 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 f . nine (A9) fifty-
three (53) nor more than sixty (60) days after such meeting, but if any other election is to occur
9
Fridley City Charter-Chapter 5
within sixty (60) days after such meeting, the Council may in its discretion provide for the
holding of the recall election at that time. (Ref. Ord. 1142)
Section. 5.20. PROCEDURE AT RECALL ELECTION.
The Clerk shall include with the published notice of the election the statement of the grounds for the
recall and also, in not more than five hundred (500) words, the answer of the elected officer
concerned in justification of his/her conduct in office. Candidates' i succeed the officer to be
recalled shall be nominated in the usual way, and the election shall be onducted, as far as possible,
in accordance with the usual procedure in municipal elections (Ref. Ord 857,1142)
Section 5.21. FORM OF RECALL BALLOT.
1. If the officer sought to be recalled resigns wit j ,ten: 10),days after the receipt by the
Council of the completed recall petition, the Council shall',declare the office vacant and shall
then fill the vacancy for the unexpired term i accordance with the,City Charter, Section 2.06.
n 2. - - - . - . - - . . • - =:the officer sought to be recalled
does not resign within ,ten'(10 4days after the receipt by the Council of the completed recall
petition, the €erg-ef }u44ion to be`placed on the'ballot at stash the recall election referenced in
Section 5.19 of the Charteall� : ",Shall be recalled?", the name of the officer
whose recall,i u ht,being ''inserted in th4°'bilink, and those voting shall be permitted to vote
"Yes" "No" upon this stion a majority of those voting on the question of recall vote in
favorrofarecall (a majority vot g "Yes ; the officer shall be promptly removed from office. The
Council shall` n fill the vacancy for the unexpired term in accordance with the City Charter,
Section 2.06. Ifs a. ajority of those voting on the question of recall vote against recall (a
majority voting "No") to officer shall continue in office with no further action required. the
• --• - - - .. _ -. - - . --- - - • . -- • .. - , - - .' . (Ref. Ord.
857, 1142)
10
Fridley City Charter-Chapter 5
Section 5.22. INSTRUCTIONS TO PETITIONERS.
The City Clerk shall provide to every person circulating a petition for the initiation of an ordinance,
for the initiation of Charter amendments, for a referendum, or for 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. „and false attestation of a
signature and will cite those ordinances,laws,or statutes relating to s h acts.(Ref. Ord. 625, 1142)
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11
FRIDLEY CITY CHARTER
CHAPTER 6. ADMINISTRATION OF CITY AFFAIRS
Section 6.01. THE CITY MANAGER.
The City Manager shall be the Chief Administrative Officer of the city, and shall be chosen by the
Council solely on the basis of training, experience and administrative clifications. The choice
shall not be limited to inhabitants of the city or State but shall be lied to a'citizen of the United
States. The City Manager shall be appointed for an indefinite period - shall be removable by the
council at any regularly scheduled meeting provided at least three (3) members of the Council vote
for the removal. (Ref. Ord. 790, Ord. 857)
4 l yw.. .q 4
Section 6.02. POWERS AND DUTIES OF THE CITYNAGR,
Subject to the provisions of this Charter,and any regulations regulatiotiknsistent therewith which may be
adopted by the council, the City Manager control and direct the administration of the City's
affairs. The City Manager's powers and duties shal`b a
(a) To enforce this Charter*nand the laws, ordinances
and resolutions of the City;
y,,�; n,
(b) To appoint wit the consent and approval,9f,the Council all subordinate officers and
employees
�tr
(c) To remove any`subordinate er or employee,provided that the Council is notified;
(d) To aercise control or all departments and divisions of the City administration created by
this Ch ker or which may hereafter be created by the Council;
(e) To attend alFMOctifigs all of the Council, with the right to take part in the discussions but
having no vote; but the Council may at its discretion exclude the City Manager from
meetings at which the City Manager's removal is considered;
(f) To recommend to the Council for adoption such measures as may be deemed necessary for
the welfare of the people and the efficient administration of the City's affairs;
(g) To keep the Council fully advised as to the financial condition and needs of the City, and to
1
prepare and to submit to the Council the annual budget;
(h) To perform such other duties as may be prescribed by this Charter or required by ordinances
or resolutions adopted by the Council. (Ref. Ord. 790, Ord. 857)
Section 6.03. DEPARTMENTS OF ADMINISTRATION.
The Council may create such offices, departments, divisions and bureaus,ffor the administration of
the City's affairs as may seem necessary, and from time to time alter *powers and organization of
4 v
the same. It may enact in the form of an ordinance such administrative code for the City as may
seem necessary and may amend the same from time to times
Section. 6.04. SUBORDINATE OFFICERS. "4 Ohs
There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordinate to the
City Manager as the Council may provide ibr by ordinance(s). " he City Clerk shall be subject to
the direction of the City Manager and shall have such duties in election with keeping of the
public records, the custody and disbursement of the p ?ds, and general administration of the
City's affairs as shall be ordained by the Council. The CityOerk may be designated to act as
Secretary of the Council. The Council may combine the duties of'various offices as it may see fit.
(Ref. Ord. 625, Ord 790,mod. 857) ,_
Section 6.05. PURGES AND CONTRACTS.
The City Manager shall berms,Chief Viit6asing Agent of the City. All purchases on behalf of the
city shall be made, and all *tracts let by the City Manager, provided that the approval of the
.w:
Council must been in advance whenever the amount of such purchase or contract exceeds the
amount stated in the She Mutes. 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 the City
Manager,and shall be executed in the name of the City. (Ref. Ord. 625)
Section. 6.06. CONTRACTS,HOW LET.
In all cases of contracts for the purchase, rental, or lease of merchandise,materials or equipment or
for any kind of construction work undertaken by the City, which require an expenditure of more
than that which is set by the State Statutes, unless the Council shall by an emergency ordinance
2
otherwise provide, the City Manager shall advertise for bids by at least ten (10) days published
notice in the official newspaper or other means authorized by state statute. When a bid is required,
it shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota State
Statutes as determined by the Council. The Council may, however, reject any and all bids.Nothing
contained in this Section shall prevent the council from contracting for the doing of work with
patented processes, or from the purchasing of patented appliances. (Ref Ord 1153)
Section. 6.07. FURTHER PURCHASE REGULATIONS.
Further regulations for the making of bids and the letting of contracts ni—* made by ordinance,
subject to the provisions of this Charter.
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3
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES.
Section 7.01. COUNCIL TO CONTROL FINANCES.
The Council shall have full authority over the financial affairs of the City, and 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. In the exercise of a sown discretion it shall make
provisions for the payment of all liabilities and expenses. The Council 4shall establish the fiscal year
F.iz.44u.
for the City.
Section 7.02. POWER OF TAXATION.
1. The City shall have, in addition to the.03*is by this',Charter expressly impliedly
granted, all the powers to raise money by taxation uant to the laws of the State which
are applicable to cities of the class of which it may"bey a member from time to time,
provided that the amount of taxes l vied.tj r st real and *Opal l property within the City
a� �,
for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior
year tax levy increased by en inflationary°index, or 5%,,whichever is least. Said inflationary
index shall be that as defi ,;by the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price + ( for all Urban Consume'in the Minneapolis, St. Paul metropolitan
area. (Ref,Ord. 592,11p and 1Mt#0,A nendment)
, othing in this provision shall construed to impair any general obligation the City may
have support of otherwise lawful indebtedness or similar obligation supported by the full
faith anC`Icredit of the City, provided, however, that long-term, general obligation
indebtedness all,not be used for the purpose of funding the routine and daily business
operations of theaCity. (Ref Ord 1152)
2. The City Council may also levy a tax against real and personal property within the City in
addition to said limit as defined in paragraph 1 provided the Council shall:
A. Adopt a resolution declaring the necessity for an additional tax levy and specifying
the purposes for which such additional tax levy is required.
Fridley City Charter Chapter 7
B. Hold a public hearing pursuant to three (3) weeks' published notice in the official
newspaper of the City setting forth the contents of the resolution described in
Subdivision A.
C. Adopt after such public hearing a resolution by an affirmative vote of a least four(4)
members of the Council which shall be presented aaj;'-i'elear and concise 'plain
language' ballot question at the next regular mu election. (Ref Ord. 592,
-non.
1102 and 11/7/00 Amendment) ,
D. The additional tax levy shall take effect if 51% of the votes cast atd election are
in favor of its adoption. bti
3. Any other fees created,or increasedeyond the limits setth in subsection 1, shall require
voter approval as stipulated in subsection 2t
A. For the purposes This subsecttoi, 'fees" includes sales and use taxes,recycling
fees,ps:iarld electric franchise fees and any other fee that produces a tax burden or
S"`'t
direct financial obli n for all prop:Oily owners and/or residents of Fridley. (Ref
S ��s
s.-
,, For the purposes of this subsection,the term "fees" does not include: Utility
urges,Parks and Recreation Department participation fees,charges for photo-
copy g, sales of municipal liquor store products,or civil and criminal fines and
other Ci*g6§collected in cases of restitution or violation of law or contract. The
term "fees" also does not include rental housing fees,building permit fees,liquor
license fees,the extension or transfer of cable television service authority to
additional service providers for which fees are already being charged, fees for the
operation of junk yards,annual license fees for the operation of pawn shops and
other regulated business, and any other charge for services, including health and
safety related Code enforcement,and other goods, services or materials routinely
2
Fridley City Charter Chapter 7
provided by the City to its citizens or other members of the public which,by law,
must be limited to the actual cost of the service being provided. The term "fees"
shall not include any special assessments made under Minnesota Statutes Section
429. (Ref Ord 1152)
C. For the purposes of this subsection, "fee increase" includes:.;a new tax or fee,a
monetary increase in an existing tax or fee, a tax or fee ate increase, an expansion
in the legal definition of a tax or fee base, and an,exteniibp of an expiring tax or fee.
(Ref Ord 1152)
D. For the purposes of this subsection, "city" includes the city itself ar441,its
departments and agencies that are organized to exercise the "Powers sit-the City" as
defined in Chapter 1 of this Charter. "City"Will not include any body of
government owing its existence to separate constitutional or statutory authority
outside of the Charter,regardless ‘le ther that other body of government has
jurisdiction or performs duties and services the boundaries of the City. (Ref
.ti
Ord 1152) ~'
E. For the puiti*ofeksing natural Asasters this subsection does not apply to any
emergency measure`iaiiilOized in Chapter 7, Section.08 (7.08). (Ref
11/7/00 4 Amendmenit)`
Section 7.03. OARD OF RFIEW.
The Council shalf' stitute 433oard of review and shall meet as such in the usual place for holding
Council meetings to egiize the assessed valuations according to law, and a published notice of
such meeting shall be given in the official newspaper of the City at least ten (10) days prior to the
day of said meeting. (Ref. Special Election 4/12/60, Ord. 592)
Section 7.04. PREPARATION OF ANNUAL BUDGET.
1. 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
3
Fridley City Charter Chapter 7
each department to the City Manager. Each estimate shall be divided into three (3) major
subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay.
Salary detail shall show a list of all salaried officers and positions with salary allowance
and number of persons holding each. Wages shall be broken down in sufficient detail to
justify the request. Ordinary expenses shall be broken down into such detail as the City
Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord.
625)
2. In parallel columns shall be added the amounts expende ;under s`irheadings for the two
(2) preceding fiscal years, and, as far as practic ble, the amounts expended and estimated
for expenditure during the current year. In addition to estimates of expehOuxis, the City
Manager shall prepare a detailed statement of revenues=icoll cted for the two (2) preceding
completed fiscal years with amounts estimated to b ,, lected for the current fiscal year,
and an estimate of revenues for the mg fiscal year. T estimates shall be submitted o
`
the Council at its last regular monthly meeting August and shall be published twice in
summary in the official Publication priorto November 1; =(Ref. Ord. 625, Ord. 946)
Section 7.05. PASSAGE.OF THE.I UDGET
The budget shall be a principal . of rZusiness at the last regular monthly meeting of the
Council in;A°ugiust,41#1lie Coui ilshall hold subsequent meetings from time to time until all the
estimates have been considered The meetings shall be so conducted as to give interested
citizens a r`e onable amoun`to 'time iri which to be heard, and an opportunity to ask questions.
The budget e mates shall be;ii=ead in full and the City Manager shall explain the various items
thereof as fully asp m be deemed necessary by the Council. The annual budget finally agreed
upon shall set forth irt. uch 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 being 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
budget by resolution in accordance with State Law. The resolution shall set forth the total of the
budget and the totals of the major divisions of the budget, according to the plan indicated in
4
Fridley City Charter Chapter 7
Section 7.04. The budget resolution as adopted shall be published in the official publication.
Section 7.06. ENFORCEMENT OF THE BUDGET.
shall be the duty of the City Manager to enforce strictly the provisions of the budget. The City
Manager shall not approve any order upon the City Treasurer for any expenditure unless an
appropriation has been made in the budget, nor for any expenditure covered by the budget unless
there is sufficient unencumbered balance left after deducting the total pa4b*penditures and the sum
of all outstanding orders and encumbrances. No officer or employe of the City shall place any
orders or make any purchases except for the purposes and to the'amounts authorized in the budget.
Any obligation incurred by any person in the employ of the Cityfor any purpose not authorized in
the budget or for any amount in excess of the amount therein authorized shall. be a personal
&57)obligation upon the person incurring the expenditure (Ref Ord. ) '
Section 7.07. ALTERATIONS IN THE BUDGET.
ti
After the budget shall have been duly ado ��Council shah , �.l�ave p
power to increase the
amounts therein fixed, whether by the insertion of ri0Wilops or otherwise, beyond the estimated
revenues, unless the actual. ts shall exceed estimate and in that event, not beyond such
actual receipts. The sum fixed irit :e budget shallzhe and become appropriated at the beginning of
the fiscal year for the several es named therei paid no other. The Council may at any time,
by resolution passed by a vote oat 1-east`dour (4)`members of the Council, reduce salaries or the
sums appropriated for an purpo `by the budget, or by vote of at least four (4) members of the
Council authorize the transfer of sums :from the unexpended balances of the budget to other
purposes. MO, Ord. 946)
Section 7.08. EMERGENCY APPROPRIATION IN THE BUDGET.
1. The Council shall have power to establish an emergency appropriation as a part of the
budget, but not to exceed ten percent (10%) of the total budget. Transfers from the
emergency appropriation to any other appropriation shall be made only by a vote of at least
four(4)members of the Council.
2. The sums transferred to the several departments or divisions shall be considered as a part of
such appropriations and shall be used only for the purposes designated by the Council.
5
Fridley City Charter Chapter 7
Section 7.09. LEVY AND COLLECTION OF TAXES.
In accordance with Minnesota State Law,the Council shall levy by resolution the taxes necessary to
meet the requirements of the budget for the ensuing fiscal year. The City Clerk shall transmit to
the county auditor annually, not later than the date required by Minnesota Law, a statement of all
the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in
4z4`
like manner as state and county taxes. No tax shall be invalid by reason of any informality in the
manner of levying the same, nor because the amount levied shall?tx644 the amount required to be
raised for the special purpose for which the same is levied, but n that case h surplus shall go into
a suspense fund, and shall be used to reduce the levyfof the ensuing year. Re Ord. 625, Ord.
946)
Section 7.10. TAX SETTLEMENT WITH COUNTY.
The City Treasurer shall see to it that all moneys;ytn the county treasury belonging to the City are
promptly turned over to the City according to law.
Section 7.11. DISBURSEMENTS, IOW
All disbursements shall fhe made or upon the order of the City Manager and City Clerk, duly
'
authorized by. . ution or �n of the o il, and every such order shall specify the purpose
for which the disbursement is mated indicate the fund out of which it is to be paid. Each such
order shall ae directed to the 'easurer,and the latter shall issue a check payable to the order of the
anti:, n
person in Who*favor the order was drawn. The Treasurer shall issue no check upon any City
funds except upoih order, -Tn the discretion of the Council the order and check may be a single
ti
instrument. No clam.ast the City shall be allowed unless accompanied by either an itemized
bill, or a payroll, or time sheet, each of which shall be approved and signed by the responsible City
officer who vouches for the correctness and reasonableness thereof. The Council may by ordinance
make additional regulations for the safekeeping and disbursement of the City's funds. The Council
may by resolution or motion provide for the regular payment without specific individual
authorization by the Council of salaries and wages of regular employees, laborers,and fixed charges
. which have been previously duly and regularly incurred.
6
Fridley City Charter Chapter 7
Section 7.12. FUNDS TO BE KEPT.
There shall be maintained in the City Treasury the following funds:
A. A general fund for the payment of such expenses of the City as the Council may
deem proper. Into this fund shall be paid all money not provided herein or by statute
to be paid into any other fund.
B. A debt service fund, into which shall be paid altiiiCeiA#om taxes or other sources
for the payment of principal and interest of l,ob gations 1400 i by the City except
bonds issued on account of any local .nprovement to be finan ;wholly or partly
by special assessments and bonds issued on account of any municipally owned
utility. Out of this fund shall be paid the , pal and interest of such obligations
when due. Any surplus in,such fund not needy.immediately for debt service may
be invested under the direction:of the Council in sniiiiiMenfities such as are authorized by
statute for the investment of such funds; such investments may be liquidated at
n
any time.
C. A bond`n into which shall he paid and disbursed the proceeds of all bonds
issued by the'qty,]:eXCePi-iijaYds4ssiled the on account of any local improvement to be
financedolly or partly by special assessments and bonds issued on account of any
municipally ned utilii>'''A separate bond account shall be kept for each issue of
,such bonds.
D. Aspial assessment fund, which shall be used to finance local improvements that
are to :paid for, in whole or in part, from special assessments against benefited
property. There shall be paid into this fund: (1) collections of special assessments,
with interest, levied against benefited property; (2)proceeds of bonds or certificates
of indebtedness sold by the City in anticipation of assessment collections and the
proceeds of interfund loans; (3) amounts from other City funds representing either
(a) apportionments of costs against the City at large, (b)benefit assessments against
City property, or(c) appropriations to maintain the integrity of the fund. There shall
7
Fridley City Charter Chapter 7
be paid out of this fund: (1) all expenses and costs of the improvement projects that
are financed through the fund; (2) the redemption of all special assessment fund
bonds and certificates of indebtedness, with interest, at or before maturity, and any
interfund loans; (3) transfers to the general fund of any unencumbered surplus of
the fund, in the discretion of the Council; and (4) abatements of assessments and
refunds of receipts in error. The Council shall maintain the integrity of this fund by
appropriations from tax funds if necessary, and in addition may by ordinance create
and maintain in the fund a cash reserve sufficient fo g purposes.n capital oses. In
=44
order to anticipate the collection of special assessments the Council may by a
majority vote issue and sell bonds and c x ificates of ess,.indebtedn pledging the full
}ti
faith and credit of the City, or p led
nte,only special assessmentsikch amounts
and maturities as it may determine, regardlss;of the-provisions of Section 7.16 of
this Chapter; provided that the aggregate amount of such bonds and certificates
outstanding at any time shall:tt. ceed the sum of the following;
(1) all assessments levied and uncollected, (2) ssable cost of work in progress;
and (31 the` sh reserve for,.working capital as previously determined by
ordinance. In order that the fund may be administered on a self-sustaining basis,
all impromeht*410cts.fmancedthrough improvement it shall upon completion be certified
b; the City Mahager as to total cost, which shall thereupon be apportioned by
the Cecil either assessments against benefited property or as amounts due
from other City funds. Amounts apportioned against other City funds shall be
due not late than the dates of adoption of the corresponding assessment rolls,
sal be charged interest as in the case of assessments and shall be paid into the
fund With any interest due,not later than one(1)year after the due dates.
E. A public utility fund into which shall be paid all money derived from the sale of
bonds issued on account of any municipally owned utility and all money derived
from the sale of utility services, and from the sale of any property acquired for or
used in connection with any such utility. There shall be paid out of this fund the
cost of the purchase, construction, operation, maintenance and repair of such utility,
8
Fridley City Charter Chapter 7
�..1 including the principal of and interest upon obligations which have been or shall be
issued on its account. Separate accounts within the public utility fund shall be kept
for all utilities which are operated separately.
F. In addition to the foregoing funds, there may be maintained in the City Treasury,
whenever the Council deems it advisable,the following funds:
(1) A working capital or revolving fund, for financing self-sustaining activities not
accounted for through other funds.
(2) A trust and agency fund, for the cue and disbursement of monk received and
held by the City as trustee or custodian or in the.capacity of an agent for
individuals or other governmental units
(3) Such other funds as may ybe required by statute or ordinance. In lieu of
n establishing any of the three(3) foregoing des of funds, Subsections 1, 2,and
3,the Council may provide fors the recording of operations or activities for
wh/Okthe use of such funds night be suitable through the maintenance of
separate ounts ,any appropriate'fund already established. The Council shall
have full pow to make'by duly adopted ordinance such interfund loans,except
4` froilifuNs held u` der Subsection 2 hereof,as it may deem necessary and
appropria*from time'to time.
Section 7.13. RECEIPTS TO O TO CITY TREASURER.
All receipts of money elonging to the City, or any branch thereof, excepting only those funds
collected by the County Treasurer, shall be paid to the City Treasurer by the person authorized to
receive the same. All such moneys, and also all moneys received upon tax settlements from the
County Treasurer, shall be deposited as soon as possible in a bank or banks approved by the City
Council, subject to state laws regulating the designation of depositories for municipal funds.
' Section 7.14. ACCOUNTS AND REPORTS.
9
Fridley City Charter Chapter 7
The City Manager 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. The City
Manager 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 against each of
the annual budget allowances and the balances left in each and such other information relative to
ti
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 ce4ifie&O,Olic accountant or by the
department of the State authorized to make examination of the affairs*p,unicipalities. On or
before the first day of April in each year the City Mariager``shall prepare a mplete financial
statement in form approved by the Council of the City's financial operations for the'preceding
calendar year, and quarter, which statement may be published sueh 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 pp priate. (Ref. Ord 625, Ord. 857)
Section 7.15. BONDED DEBT AND DEBT LIMIT.
1. In addition to all the 0.*":;r in respect t borrowing and the issuance of bonds and other
obligations for the payment f money specifically or impliedly granted by this Charter, and
any amendments them, t' -rty shall have all the powers in reference to these subject
matters°°° 't ;o cities .f,its same class by the laws of the State of Minnesota in force
dam time to time. The City have the power to issue and sell its bonds to the State of
Minnesota and to comply with all provisions of law relative to loans to municipalities from
the pelt:anent State finds. The City shall also have such powers as are necessary to obtain
loans or fun 'rom the Government of the United States and any of its instrumentalities or
from the Stat&i0 Minnesota or any of its instrumentalities, and to comply with all
provisions of law relative to obtaining such loans or funds.
2. The Council by a vote of at least four (4) of its members may authorize the issuance of the
bonds to provide funds for any public purpose not prohibited by law, or may in its
discretion, by a majority vote of all of its members submit to the electorate propositions for
the issuance of such bonds. When such a proposition is submitted to the electorate, no
10
Fridley City Charter Chapter 7
bonds or other term obligations of the City may be issued except pursuant to a favorable
vote of a majority of those voting on the proposition of their issuance. By the proceedings
for the issuance of any bonds, by the terms of the bonds and by agreements with the
purchasers of bonds, they may be made special in character and limited in their payment to
earnings or to part earnings and part tax funds. To the extent that they are thus payable out
of earnings or other than tax funds, such bonds shall not be pa .out of taxes. The total
bonded debt of the City at the time of the issuance of any bou* shall not exceed ten percent
(10%) of the last assessed valuation of the taxable pro ,pfireyin, or the limit authorized
by State law for cities of the same class, whichever is the greater. but computing the total
bonded debt, certificates of indebtedness, bonds,warrants or other obligations issued before
or after adoption of this Charter shall not be eluded or counted if(1)helot anking fund
maintained by the City; or (2) issued for the acquisition, quiipment, purchase, construction,
maintenance, extension, enlargement or improvement of street railways, telegraph or
telephone lines, water, lighting, lit and power plants, or either, or any other public
convenience from which a revenue is`or Mayhe:clerived,may owned and operated by the City, or
the acquisition of property needed in connection ther 4k'or for the construction of public
drainage ditches,0orri and unitary sewer*, or for the acquisition of lands for streets,parks,
or other public`mprovements or for the improvement thereof, to the extent that they are
payable from the proceeds of as ssments levied upon property especially benefited by such
improvements; p (3) issued the creation of maintenance of a permanent improvement
a tin.
revolving fund, o ( for the,;pu pose of anticipating the collection of general taxes for the
yearrwin which issued 4(Ref. Ord`857)
r .
Section 7.16. FO1M AND REPAYMENT OF BONDS.
No bonds shall be issued o run for longer than the reasonable life expectancy of the property or
improvement for which the bonds are authorized, as ascertained and set forth in the resolution
authorizing such bonds, and in no case shall bonds be issued to run for more than thirty(30)years.
The purposes for which bonds are authorized shall be set forth in the resolution authorizing them
and the proceeds from such bonds shall not be diverted to any other purpose. It shall be the duty of
the City Manager to include in the budget estimates each year a sum or sums amply sufficient to
n
pay the principal of, and the interest on, any bonds which are to fall due in the coming fiscal year,
pY p � P Y g Y
11
Fridley City Charter Chapter 7
and another sum sufficient to pay the interest for the same year on the Bonds which will be still
outstanding. It shall be the duty of the Council, enforceable by mandamus upon the suit of any
bondholder or taxpayer, to include such sum or sums as may be necessary for this purpose in the
annual budget which it passes. (Ref. Ord. 857)
Section 7.17. DEBT AND TAX ANTICIPATION CERTIFICATES.
1. If in any year, the receipts from taxes or other sources should;from some unforeseen cause
become insufficient for the ordinary expenses of the Cit y;as provided for in the budget,or if
any calamity or other public emergency should subject the City to x�4necessi t3 of making
extraordinary expenditures,then the Council may authorize the sale by the City Treasurer of
emergency debt certificates to run not to exceed e, ghteen(18)months and t6:*ear interest at
not more than allowable by State Statutes. A tax sufficient to redeem all such certificates at
maturity shall be levied as part oftlie,budget of the foltowg year. The authorization of an
issue of such emergency debt certificates shall take the forr of an ordinance approved by at
b,y e
least four (4) of the members of the Council, ordinance may, if deemed necessary, be
passed as an emergency ordinance. (Ref Ora: 592)
2. For the purpose ,provtdi g necessary moneys to meet authorized expenditures, the
Council may,issue certificates of=indebtedness in any year prior to the receipt of taxes
payable in sdCWYear, on such and conditions as it may determine,bearing interest at a
;ate not more than allOwable State Statutes; provided that such certificates outstanding at
any'One,fime shall not emceed forty percent(40%)of the tax levy payable in the current year
belon i the fund f�t
the benefit of which the borrowing is authorized. (Ref. Ord. 592)
Section 7.18. BONDS,O UTSIDE THE DEBT LIMIT.
Without limit as to amount, the Council may issue bonds for legal purposes outside of the debt
limit: (a) for the creation and maintenance of a permanent improvement revolving fund, (b) for
extending, enlarging, or improving water supply system, lighting and heat and power plants, or
either, or other revenue-producing public utilities of whatever nature, owned and operated by the
n City, or of acquiring property needed in connection therewith, (c) for public improvements payable
12
Fridley City Charter Chapter 7
from special assessments. The Council may also purchase equipment for street department, water
or sewer utility, or fire department use on conditional sale contracts, provided that the installment
payments do not extend beyond the estimated useful life of the equipment so purchased.
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