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CHA 04/01/2013 1 TO: Charter Commission Members _ FROM: Cindy Ruschy, Staff Liaison Date: March 26, 2013 CITYOF Re: April 1, 2013 Meeting FRIDLEY This is a reminder to you that the next Charter Commission meeting will be held on Monday, April 1 at 7:00 p.m. in Conference Room A of the upper level. In order to ensure a quorum, remember, the Charter Commission policy requires a member to call or e-mail us before 10:00 a.m. Monday, April 1st, as to whether or not you plan on attending the meeting. Please remember to call or e-mail Cindy by Monday morning at(763)572-3524 or e -mail Cindy.Ruschy a,fridleymn.gov whether or not you will be attending the meeting. If there will not be a quorum,those Commissioners who called will receive a phone call notifying them there will not be 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. The new officers for 2013-2014 will start their term. There will be a discussion on Commissioners attendance and the updates of Chapter 4 and 5. New discussions will begin on Charter Chapter#1; along with a reminder to study and absorb the information on the Pros and Cons of being a Charter City also for discussion. Please call or e-mail me if you have questions. FRIDLEY CHARTER COMMISSION AGENDA MONDAY, APRIL 1, 2013 7:00 P.M. LOCATION: Fridley Municipal Center Conference Room A - Upper Level CALL TO ORDER: ROLL CALL: 1. APPROVAL OF AGENDA: 2. APPROVAL OF MINUTES March 4,2013 3. ADMINISTRATIVE MATTERS A. Vacancies B. Update on Chapter 4 and 5 (after City Council Public Hearing) 4. DISCUSSION-CHAPTER 1 (REFERS TO MN STATURES CH 410) 5. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY 6. OTHER BUSINESS 7. FUTURE MEETING TOPICS 8 ADJOURNMENT Next Regular Commission meeting May 6, 2013 Conference Room B— Lower Level TO: Charter Commission Members _ FROM: Deb Skogen, City Clerk and Staff Liaison Date: March 26, 2013 CITY OF Re: Update - Public Hearing on Chapters 4 and 5 FRIDLEY Last evening the City Council held the public hearing on Chapters 4 and 5 that the Commission has been working with over the last two years. Gary Braam and Carol Hoiby were in attendance. There was no one else from the public in attendance. I reviewed Chapter 4 and answered a question about the birth year for Councilmember Bolkcom. The reason we were collecting the birth year was to verify which individual signed the petition if there are two individuals with the same name at the same address. I reviewed Chapter 5 and there was more discussion. A few additional changes were suggested by the Council for clarification purposes. Attached is a copy of the ordinance with the changes shown in red. Changes were made to Section 5.03, 5.06, 5.12, and 5.18. In addition, the council would like you to revisit Section 5.07. They feel some of the sentences are too long and would like to see it read better. I will take the changes back to the City Council for the first reading to be held on April 8th. CITY OF FRIDLEY CHARTER COMMISSION MEETING MARCH 4,2013 CALL TO ORDER: Chairperson Braam called the Charter Commission meeting to order at 7:00 p.m. ROLL CALL: Members Present: Commissioners Gary Braam,Don Findell,Marion Flickinger,Carol Hoiby,Rick Nelson, Barb Reiland,Pam Reynolds and Lois Scholzen Members Absent: Commissioners Peter Borman,Bill Holm,Nancy Jorgenson,Ted Kranz,Keith Shaw and Cindy Soule Others Present: Deb Skogen,City Clerk/Staff Liaison Cindy Ruschy, Staff Liaison APPROVAL OF AGENDA Commissioner Nelson MOVED and Commissioner Hoiby seconded a motion approving the meeting agenda. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Nelson MOVED and Commissioner Reiland seconded a motion approving the Charter Commission meeting minutes of February 4,2013. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Election of Officers Commissioner Hoiby MOVED and Commissioner Reynolds seconded a motion to open the nominations for the 2013-14 Charter Commissioner Officers. Chairperson Braam opened the nominations and asked for nominations. There being no nominations Chairperson Braam closed the nominations. Commissioner Hoiby MOVED and Commissioner Reiland seconded a motion approving the Nominating Commission recommendations as reported on February 4,2013 as Rick Nelson,Chairperson,Marion Flickinger,Vice Chairperson and Don Findell as Secretary for 2013-14. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARE THE MOTION CARRIED. Adopted 04/01/2013 Charter Commission Minutes of March 4,2013 Page 2 B. Attendance Discussion The Commissioners reviewed the attendance records from 2011 through 2013. It was noted that Commissioner Shaw attended two meetings in 2011 and no meetings in 2012 and 2013. The Commissioners understand that things come up and that family is important but were concerned about the attendance. The Bylaws state, "Any member missing four(4)consecutive meetings shall be subject to a discharge from the Commission upon a written request to the Court,supporting by two-thirds(2/3)of the Commission members present. Ms. Skogen stated in the past,if attendance was an issue,staff prepared a letter to the Commissioner stating the concern of the Commissioners and asking for them to begin attending,ask for their resignation and/or let them know if they do neither,the Commission will vote to ask the court have them removed from the Commission. Commissioner Nelson MOVED and Commissioner Findell seconded a motion requesting staff to prepare a letter to Commission Shaw. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. C. Updated on Chapters 4 and 5 Ms. Skogen stated she had prepared a memo to the City Council on February 8,2013,notifying them of the Charter Commission's recommendation to amend the Charter by Ordinance and outlining what the amendments were. She said Interim City Manager Nelson had reviewed them with the Council as well at a preconference meeting. Councilmember Bolkcom has a few questions,but is on vacation,Ms. Skogen will try to contact Bolkcom prior to the meeting asking if there is anything that needs clarification. She said the public hearings were scheduled at the last Council meeting for March 25,2013 and recommended some of the Commissioners attend. The Commissioners had no changes. Commissioner Reynolds asked where in the Charter it defines how the Charter may be amended or what regulates the Charter. Ms. Skogen said Section 1.03 of the Charter refers to Minnesota State Laws. Commissioner Reynolds asked if the Commission could discuss this at a future meeting. Ms. Skogen will review other charters and come up with some examples for the next meeting. DISCUSSION OF PROS AND CONS OF BEING CHARTER CITY Staff handed out Part 1,Chapters 1,3 and 4 of the League of Minnesota Cities Handbook. These sections of the handbook provide information on local government,statutory cities and home rule cities. There are currently 107 charter cities and 746 statutory cities. The Commission briefly reviewed the chapters and determined they would take the time to read and absorb the material prior to the next meeting. Commissioner Nelson MOVED and Commissioner Findell seconded a motion that staff forward the information to the Commissioners not in attendance with a letter recommending they study and absorb the materials for discussion at the next meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED. FUTURE MEETING TOPICS The Charter Commission will discuss Chapter 1 and the pros and cons of being a charter city at their meeting in April. Adopted 04/01/2013 Charter Commission Minutes of March 4,2013 Page 3 Commissioner Reiland thanked outgoing Chairperson Gary Braam for his dedication and service to the Charter Commission. The Commissioners all agreed and thanked Chairperson Braam. Staff will forward any questions or concerns the Council may have prior to the March 25th public meeting. ADJOURNMENT: Commissioner Nelson MOVED and Commissioner Flickinger seconded a motion to adjourn the meeting. UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BRAAM DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:43 P.M. Respectfully submitted, Debra A. Skogen, Commissioner Peter Borman,Secretary City Clerk/Staff Liaison Adopted 04/01/2013 Stanley Security Solutions, Inc. Customer Non-Patented Code Release Request Agreement THIS CUSTOMER NON-PATENTED CODE RELEASE AGREEMENT("Agreement"), is made by and between Stanley Security Solutions, Inc., an Indiana corporation having its principal office at 6161 E. 75th Street, Indianapolis, IN (herein "Stanley") and ,a(n) corporation with its principal office at (herein "Customer"). WHEREAS, Stanley previously sold mechanical locking systems to Customer which included the creation and/or maintenance of a non-patented masterkey system (including the creation, retention and extension of masterkey codes)as a service to Customer(the"Masterkey Service");and WHEREAS, Customer desires to assume all responsibility for Masterkey Service and/or transition the provision of Masterkey Service from Stanley to a third party;and WHEREAS,the parties acknowledge and agree that, upon Stanley's delivery of the masterkey codes to Customer, Stanley will have no further obligation to provide Masterkey Service to Customer. NOW THEREFORE, in consideration of the mutual promises and covenants herein and other good and valuable consideration,the parties agree as follows: 1. Promptly upon execution of this Agreement, Stanley shall deliver a copy of the masterkey codes to Customer (or Customer's designee, as directed by Customer in writing to Stanley). Stanley shall retain a copy of the masterkey codes and/or other records related to the Masterkey System for the sole purpose of providing Customer with duplicate copies of said codes at its request. Customer consents to receive copies of the masterkey codes via (select one of the following): ( )traceable mail service (UPS/FED EX/etc.) to the following address: c/o ( ) electronically via the following email address: 2. Notwithstanding any contractual agreement to the contrary, upon delivery of the masterkey codes to Customer (pursuant to Article 1 of this Agreement), Stanley is hereby released from any and all obligation (whether pursuant to contract, common law or otherwise) to provide Masterkey Services to the Customer. This release includes an affirmative waiver and release of any and all obligation of Stanley to indemnify, hold harmless or defend Customer against any claim, demand, cause of action, damage, cost (including, but not limited to attorneys' fees, court costs, and expert witness fees) and/or suit arising from, or connected with,the use of the Masterkey System or masterkey codes by Customer, its affiliates, officers, directors, employees, designee or other agents or their respective failure to conform to any statute, ordinance or other regulation or requirement of any governmental authority with respect to the Masterkey System (collectively, a "Claim"). Customer also agrees to defend, indemnify and hold harmless Stanley, its affiliates, directors, officers, employees and agents from all said Claims. Customer shall not settle any Claim on Stanley's behalf without Stanley's prior consent. 3. The individual signing on behalf of a party has all necessary legal authority (granted, by corporate resolution or equivalent process)to enter into and bind that party to this agreement. 4. Customer and Stanley agree that all the terms of this Agreement shall be in all respects interpreted and construed in accordance with and governed by the laws of the State of Indiana and any action brought with respect to this Agreement shall be brought in the state or federal courts in Marion County in the State of Indiana without regard for conflict of laws. IN WITNESS WHEREOF,Stanley and Customer acknowledge they have read and understand this Agreement and have knowingly executed this Agreement consisting of two pages, in duplicate originals, as of the date Stanley signs this Agreement. Stanley Security Solutions, Inc. (Customer) By: By: Title: Title: Date: Date: 7/30/2013 Public Hearing Proposed Ordinance Amending Fridley City Charter Chapter 4. Nominations and Elections March 25, 2013 Public Hearing Chapter 4 • The Charter Commission reviewed Fridley City Charter Chapter 4 (Nominations and Elections) after changes were made to the 2010 Minnesota Election Laws. • MN Statute Section 410. 12, Subd. 7., allows the Charter Commission to recommend an amendment by ordinance for the City Council to adopt by a unanimous vote, provided a public hearing is held. 1 7/30/2013 Public Hearing - Chapter 4 • State law requires a public hearing notice published at least two weeks but not more than 30 days before public hearing. • The City Council scheduled the public hearing for March 25th and the public hearing notice was published in the Fridley Sun Focus on March 7, 2013, as required by state law. Public Hearing Chapter 4 • The amendments are non-controversial and were agreed upon within one or two meetings. • The Charter Commission recommended the following five amendments to Chapter 4: 2 7/30/2013 Public Hearing Chapter 4 I . Section 4.04 is amended to include the Minnesota Election laws. 2. Section 4.05 is amended to allow the City Clerk to determine the number of election judges needed during an election cycle for each precinct. (The Council would continue to appoint the elections by resolution as required by state law.) Public Hearing Chapter 4 3. Section 4.07 amends the format of the nomination petition. — It would require the birth year of the individual signing the petition. — In the past when verifying the signatures, staff has found two individuals with the same name at the same address. Without the birth year staff cannot identify which individual signed the petition. This change would remedy that situation. 3 7/30/2013 Public Hearing Chapter 4 4. Section 4.08 would create a new section clarifying when write-in candidate names would be counted to be consistent with federal, state, county and judicial offices. — Change would require an individual running a"true write- in" campaign to provide a letter to the City Clerk no later than 7 days before the general or special election to request their votes be counted. (Need to cross out primary as there are no write-in abilities with primary election.) Public Hearing Chapter 4 • Section 4.08 (Continued) — This change would be less cumbersome and confusing for the election judges. They would only count the names provided to them by the City Clerk on election night. — The election judges would no longer be required to count the names of fictional characters, or other names that are printed in the write-in section. 4 7/30/2013 Public Hearing Chapter 4 5. Section 4.09 renumbers the old Section 4.08. and amends the Canvas Report. — It removes information about spoiled or defective ballots, — It adds information about the total number of individuals registered at 7:00 a.m. on election day and those individuals registering on election day. Public Hearing Chapter 4 • Staff recommends holding a public hearing on an ordinance amending Fridley City Charter Chapter 4. Nominations and Elections to allow for public comment. 5 7/30/2013 Public Hearing Proposed Ordinance Amending Fridley City Charter Chapter 5 . Initiative, Referendum and Recall March 25, 2013 Public Hearing Chapter 5 • The Charter Commission Reviewed Fridley City Charter Chapter 5 after changes were made to the 2010 Minnesota Election Laws. • MN Statute Section 410. 12, Subd. 7., allows the Charter Commission to recommend an amendment by ordinance for the City Council to adopt by a unanimous vote, provided a public hearing is held. 1 7/30/2013 Public Hearing - Chapter 5 • State law requires a public hearing notice be published at least two weeks but not more than 30 days before public hearing. • The City Council scheduled the public hearing for March 25th and the public hearing notice was published in the Fridley Sun Focus on March 7, 2013, as required by state law. Public Hearing Chapter 5 • All but one of the amendments are non-controversial and were unanimous. • One change was not unanimous, but it was approved by a majority of the Commission. — That change was increasing the number of signatures needed on an initiative petition by 5% to create consistency between initiative and referendum petitions. • The Charter Commission recommended the following twelve amendments to Chapter 5: 2 7/30/2013 Public Hearing Chapter 5 • Initiative I .Section 5.03 clarifies • how to circulate a petition, • the requirements of the circulator, and • information about when signatures would not be counted if petition not correctly notarized Public Hearing Chapter 5 • Initiative (Continued) 2. Section 5.05 — (Section that was not unanimous) • Increases the percentage of signatures needed from 10% to 15% making it the same percentage needed as a referendum petition; • Changes the terminology from number of registered voters on January I st to total votes cast at the last state general election; • Adds birth year as a requirement to the petition. 3 7/30/2013 Public Hearing Chapter 5 • Initiative (Continued) 2. Section 5.05 (Continued) • The reason for the change from a specific date to the date of the last state general election was to make City Code amendments consistent with the state law requirements for charter amendments. • It is a number that does not change over time; • It is a number that can easily be referred to on any given day. • While increasing the percentage requirement, with the change being made to an election rather than a date,the number of signatures needed would basically stay the same. Public Hearing Chapter 5 • Initiative (Continued) 3. Section 5.06 — • Amending this section would help create consistency for initiative petitions as that of the charter amendment petitions. • Changes terminology from number of registered voters on January I St to total votes cast at last state general election,as in Section 5.05 above. 4. Section 5.07 - • Increases the threshold from 15% to 25% to send measure to voters at next regular municipal election if received by July 1st,or special election if received after July I st. 4 7/30/2013 Public Hearing Chapter 5 • Initiative (Continued) 5. Section 5.08 • This change only changes the sentence structure, there is really no change to the language. • Referendum 6. Section 5. I 0 • Changes the terminology from number of registered voters on January I st to total votes cast at last state general election to maintain consistency in this Chapter. Public Hearing - Chapter 5 • Referendum (Continued) 7. Section 5. I I • Adds the birth year to the petition to make it consistent with Chapter 4 and Section 5.03 above. 8. Section 5. 12 • Creates consistency between charter amendments, initiative and referendum petitions. • Changes the terminology from the number of registered voters on January I St to votes cast in the last state general election,as in Section 5.05 above. 5 7/30/2013 Public Hearing - Chapter 5 • Referendum (Continued) 9. Section 5. I4 • Removes the specific number of days needed to notify county auditor and prepare for election making this section subject to Minnesota Election Laws for special elections; • If Council votes to reaffirm ordinance by August I st of an even year, question can be placed on general election ballot; • If Council votes to reaffirm ordinance after August I st, of an even year, the Council may order a special election. Public Hearing - Chapter 5 • Recall 10. Section 5. 17 • Changes the terminology for total number of registered voters on January I st to the total votes cast at the last state general election, maintaining consistency throughout Chapters 4 and 5. I I . Section 5. 18 • Creates consistency between charter amendments,initiative, referendum and recall petitions. • Changes the terminology from the number of registered voters on - January I st to votes cast in the last state general election,as in Section 5.05 above. 6 7/30/2013 Public Hearing - Chapter 5 • Recall (Continued) I2.Section 5. I9 • Creates consistencies by removing specific timelines needed for calling for an election and subjecting this section to Minnesota Election law. Public Hearing Chapter 5 • Staff recommends holding a public hearing on an ordinance amending Fridley City Charter Chapter 5. Initiative, Referendum and Recall to allow for public comment. 7 FRIDLEY CITY CHARTER CHAPTER 1. NAME, BOUNDARIES,POWERS AND CONSTRUCTION OF GOVERNMENT Section 1.01. NAME AND BOUNDARIES. 1. Upon the taking effect of this Chapter, the Village of Fridley in the County of Anoka and State of Minnesota shall become a City under the name of City of Fridley and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. Section 1.02. POWERS OF THE CITY. 2. The City of Fridley shall have perpetual succession; 3. may sue and be sued; 4. may use and alter its seal at pleasure; 5. shall be capable of contracting and being contracted with; 6. may take by purchase, condemnation, gift, devise, or otherwise, and hold, lease, sell and convey all such real and personal property as its purposes may require, or the transaction of its business may render convenient, within or without the limits of the City; 7. may acquire, construct, own, lease and operate public utilities, and render public service of every kind; 8. may grant franchises or licenses for the construction, operation and maintenance of public utilities in, over, upon and under the streets and public places in the City, and shall have power to fix and regulate the fares,tolls, or charges which may be collected,the extensions which shall be made, and regulate the services which shall be rendered by any owner or operator of a public utility franchise of license; 9. may assess, levy and collect taxes, for general or special purposes, on all subjects or objects which the city may lawfully tax; 10. may borrow money on the faith and credit of the City or on a public utility or other property owned by the City or the revenues therefrom by the issuance and sale of bonds or certificates of indebtedness; 11. may appropriate the money of the City for all lawful purposes; 12. may provide for, construct,regulate, and maintain public works and local improvements; 10/05/89 Fridley City Charter Chapter 1 Section 1.04.4 13. may levy and collect assessments against real property within the City for local improvements and services including garbage and refuse collection and disposal; 14. may license and regulate persons, corporations and associations engaged in any occupation,trade or business; 15. may define, prohibit, abate, and suppress all things detrimental to the health, morals, comfort, safety,convenience and welfare of the inhabitants of the City, and all nuisances and causes thereof; 16. may regulate the construction, height and materials used in all buildings, and the maintenance and occupancy thereof; 17. may regulate and control the use for whatever purposes of the streets and other public places; 18. may make and enforce local police, sanitary,and other regulations; 19. may pass ordinances for maintaining and promoting the peace, good government and welfare of the City, and for the performance of all the functions thereof; shall have all the powers possessed by municipal corporations at common law; 20. shall have, retain and may exercise all powers, functions, rights, and privileges, heretofore possessed by the Village of Fridley; 21. may exercise such powers beyond its corporate limits as may be necessary for the effective exercise of any powers granted herein as now authorized by law; 22. and in addition thereto, the City of Fridley shall have and exercise all powers, functions, rights, and privileges exercised by, or which are incidental to, or inherent in, municipal corporations and are not denied to it by the Constitution or general laws of the State of Minnesota. 23. The enumeration of powers herein shall not be construed to limit or restrict the powers granted in general terms, nor shall any specific power granted in this charter be construed to limit or restrict the powers granted in this Section. 24. In addition to the powers herein and hereafter granted, the City of Fridley shall have full power to deal with all matters of municipal concern and have complete self-government in harmony with and subject to the Constitution and laws of the State of Minnesota. Section 1.03. CHARTER,A PUBLIC ACT. 25. This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect fifteen(15)days from and after its adoption by the voters. 10/05/89 Fridley City Charter Chapter 1 Section 1.04.4 Section 1.04. DEFINITIONS. 1. Eligible voter. A resident of the City of Fridley who is qualified to register to vote. 2. Registered Voter. An eligible voter who is currently registered in the City of Fridley. 3. Voter. A registered voter who has voted in the City of Fridley within the last four years. 4. Electorate. The whole body of eligible voters. (Ref. Ord. 857) 10/05/89 10/05/89 Municode Page 1 of 1 Sec. 1.03. - Powers. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with the Constitution of the State of Minnesota and of the United States. It is the intention of this Charter that every power which the people of the city might lawfully confer upon themselves, as a municipal corporation, by specific enumeration in this Charter shall be deemed to have been so conferred by the provisions of this section. This Charter shall be construed liberally in favor of the city, and the specific mention of particular powers in this Charter shall not be construed as limiting in any way the general power herein conferred. (C.F. No. 06-1025, § 1. 12-13-06) Sec. 1.04. - Distribution of powers. Except as otherwise provided in this Charter or by law, the powers of the city shall be vested in an elective chief executive, the mayor, and an elective legislative body, the council. The mayor shall exercise all powers and perform all executive duties given to the office of mayor by this Charter, the ordinances of the city and the laws of the state. The council shall exercise the legislative powers. Sec. 1.05. - Charter a public act. This Charter shall be a public act and need not be pleaded or proved. http://library.municode.com/print.aspx?h=&clientlD=10061&HTMRequest=http%3a%2f%2flibrary.munic... 3/5/2013 Municode Page 1 of 1 Sec. 18.04. - Pending condemnations, improvements and assessments. Any condemnation, improvement or assessment proceeding in progress when this Charter takes effect shall be continued and completed under the enactments under which such proceedings were begun; and assessments may be levied and securities issued for the financing thereof as prescribed by the enactment applicable thereto. All assessments levied by the city prior to the time when this Charter takes effect shall be payable and the lien thereof enforced in the same manner as if this Charter had not been adopted. Sec. 18.05. -Actions to make Charter effective. The council shall by ordinance, resolution or other appropriate action take such steps as may be necessary to carry out and make effective the provisions of this Charter. Sec. 18.07. - Statutes not affected by Charter. All general laws and statutes of the state applicable to cities of the same class as the City of Saint Paul operating under Home Rule Charters, and not inconsistent with the provisions of this Charter, shall apply to the City of Saint Paul, and shall be construed as supplementary to the provisions of this Charter. Sec. 18.08. - Effective dates. This Charter shall become effective as follows: http://library.municode.com/print.aspx?h=&clientID=10061&HTMRequest=http%3 a%2f%2flibrary.munic... 3/5/2013 Municode j ' e Page 1 of 1 Blaine, Minnesota, Code of Ordinances >> PART I -CHARTER >> CHAPTER 1. - NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS >> CHAPTER 1. - NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Sec. 1.01. -Name and boundaries. Sec. 1.02.-Powers of the city. Sec. 1.03.-Charter a public act. Sec. 1.01. - Name and boundaries. The Village of Blaine, in the County of Anoka, State of Minnesota, shall, upon the taking effect of this charter, continue to be a municipal corporation, under the name and style of the City of Blaine, with the same boundaries as now are or hereafter may be established. Sec. 1.02. - Powers of the city. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with the constitutions of this state and of the United States. It is the intention of this charter that every power which the people of the City of Blaine might lawfully confer upon themselves, as a municipal corporation, by specific enumeration in this charter shall be deemed to have been so conferred by the provisions of this section. This charter shall be construed liberally in favor of the city, and the specific mention of particular powers in the charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. Sec. 1.03. - Charter a public act. This charter shall be a public act and need not be pleaded or proved in any case. It shall take effect thirty (30) days from and after its adoption by the voters. http://library.municode.com/print.aspx?h=&clientlD=19960&HTMRequest=http%3 a%2f/o2flibrary.munic... 3/5/2013 Municode Page 1 of 1 Sec. 5.09. - Initiation of charter amendments. Nothing in this charter shall be construed as in any way affecting the right of the electors under the constitution and statutes of Minnesota to propose amendments to this charter. http://library.municode.com/print.aspx?h=&clientlD=19960&HTMRequest=http%3 a%2 f%2flibrary.munic... 3/5/2013 Municoder-�. Page 1 of 1 Ramsey, Minnesota, Code of Ordinances >> PART I -CHARTER>> CHAPTER 1. -NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS >> CHAPTER 1. - NAME, BOUNDARIES, POWERS AND GENERAL PROVISIONS Sec. 1.1.- Name and boundaries. Sec. 1.2.-Powers of the city. Sec. 1.3.-Charter a public act. Sec. 1.1. - Name and boundaries. The City of Ramsey, Anoka County, Minnesota, shall continue to be a municipal corporation under that name and with the same boundaries as now are or hereafter may be established. The city clerk shall keep in his/her office at least two copies of this Charter with amendments, and shall maintain in each copy an accurate and up-to-date description of the boundaries. The copies of the Charter, amendments and boundary descriptions shall be available for public inspection anytime during regular office hours. (Ord. of 1-24-2001) Sec. 1.2. - Powers of the city. The city shall have all powers which it may now or hereafter be possible for a municipal corporation in this state to exercise in harmony with this Charter and with the constitutions of this state and of the United States and with the statutes of this state. It is the intention of this Charter to confer upon the city every power which it would have if it were specifically mentioned, unless otherwise provided in this Charter. The Charter shall be construed liberally in favor of the city, and the specific mention of particular municipal powers in other sections of this Charter does not limit the powers of the city to those thus mentioned. Unless granted to some other officer or body, all powers are vested in the council. Sec. 1.3. - Charter a public act. This Charter shall be a public act and need not be pleaded or proved in any case. http://library.municode.com/print.aspx?h=&clientlD=14286&HTMRequest=http%3 a%2f%2flibrary.munic... 3/5/2013 Municode Page 1 of 1 Sec. 5.6. - Initiative to amend the Charter. Nothing in this Charter shall be construed in any way as affecting the right of the electors to propose amendments to this Charter. (Ref- of 12-6-2001) http://library.municode.com/print.aspx?h=&clientID=14286&HTMRequest=http%3 a%2f%2flibrary.munic... 3/5/2013 CHAPTER 1 NAME, BOUNDARIES, POWERS, AND GENERAL PROVISIONS SECTION 1.01 NAME AND BOUNDARIES (Amended by Ordinance#2009-1098 Effect.7/30/09) 'The Village of Brooklyn Park, in the County ofHennepin, and State of Minnesota, shall, upon the taking effect of this Chapter, continue to be amunicipal corporation, under the name and style of the City of Brooklyn Park, with the same boundaries as now are or hereafter may be established. SECTION 1.02 POWERS OF THE CITY The city shall have all powers which it my now or hereafter be possible for a nunicipal corporation in this state to exercise in harimny with the Constitution of this Stateand of the United States. It is the intention of this Charter that every power wh ich the people of the city m ight lawfully confer Upon them selves as a m unicipal corporation, by speci fic enum eration in this Charter, shall be deemed to have been so conferred by the provisions of this section. This Charter shall be construed liberally in favor of the city, and the specifc mention of particular powers in the Charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. SECTION 1.03 CHARTER A PUBLIC ACT(Amended by Ordinance#2009-1098 Effect.7/30/09) This Charter shall be a public act and need not bepleaded or proved in any case. The Charter shall take effect thirty(30) days from and after its adoption by the voters, except as provided for in Section 14.17. 1 On September 9, 1969 the Village of Brooklyn Park became a charter city, Brooklyn Park petition for the same purpose, nor shall it prevent the Council from referring the ordinance to the voters at the next regular or special election. SECTION 6.06 ACTION OF COUNCIL(Amended by an Election held 11-7-00) When the petition is found to be sufficient, the City Clerk shall so certify to the Council at its next meeting, stating the number of petitioners and the pecentage of the total number of votes cast in the City at the last Gubernatorial election. The Counii shall at once read the ordinance and ray refer it to an appropriate committee. The committee or Council shall provide for public hearings on the ordinance, after the holding of which the ordinance shall be finally acted upon by the Council not later than sixty(60)days after the date upon which it was subm itted to the Council by the City Clerk. If the Council fails to pasahe proposed ordinance,the proposed ordinance shall be subritted by the Council to a vote at a municipal election. The Council shall not pass an amended or revised version of the proposed ordinance that is unsatisfactory to the sponsoring committee. A special election shall be held not less than thirty3(0) nor more than forty-five(45) days from date of final action on the ordinance by tie Council, but if a regular election is to occur within three(3) months after the date upon which it was subm itted to the Council by the City Clerk,the Council shall submit the ordinance at that election. If the Council passes the proposed ordinance with amendments and at least four-fifths of the sponering committee do nct express their dissatisfaction with such amended form by a statement filed with the City Clerk, within ten(10) days ofhe passage by the Council,the ordinance need not be submitted to the voters. SECTION 6.07 INITIATIVE BALLOTS The ballots used when voting upon any such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "Yes" or "No" on the question of adoption. If a majority of the votes on any such ordnance are in favor of it, it shall then becom an ordinance of the city. Any nunber of proposed ordinances may be voted upon at the sant election, but the voter shall be allowed to vote for or ag ainst each separately. In case of inconsistency between two initiated ordinances approved at one election, the one approved by the higher percentage of voters voting on the question shall prevail. SECTION 6.08 AMENDMENT OR REPEAL Any ordinance adopted by the vote of the people canot be repealed or an-ended except by the vote of the people or by the unanimous vote of all members of the Council. No such vote of the Council shall be taken until after the next regular municipal election. SECTION 6.09 INITIATION OF CHARTER AMENDMENTS(Amended by an Election held 11-7-00) Nothing in this Charter shall be construed a in any way affecting the right of the registered voters to propose amendments to this Charter as provided in the Constitution and Statutes of the State of Minnesota. REFERENDUM (This section added by an Election held 11-7-00) To require any ordinance when passed by the Counc it to be referred to the registered voters for approval or disapproval. Sections 6.10 through 6.14 govern the Referendum process. CHARTER OF THE CITY OF COON RAPIDS, MINNESOTA CHAPTER 1-100 NAME,BOUNDARIES, POWERS, AND GENERAL PROVISIONS 1-101 Name and Boundaries. Upon taking effect of this Charter the Village of Coon Rapids in the County of Anoka and State of Minnesota shall become a City under the name of the City of Coon Rapids, and shall continue to be a municipal corporation with boundaries the same as they now are established or as they may hereafter be established. 1-102 Powers of the City. The City shall have all powers which it may now or hereafter be possible for a municipal corporation in this State to exercise in harmony with the constitutions of this State and of the United States. It is the intention of this Charter that every power which the people of the City of Coon Rapids might lawfully confer upon themselves, as a municipal corporation, by specific enumeration in this Charter shall be deemed to have been so conferred by the provisions of this Section. This Charter shall be construed liberally in favor of the City and the specific mention of particular powers in the Charter shall not be construed as limiting in any way the generality of the power herein sought to be conferred. 1-103 Charter a Public Act. This Charter shall be a public act and need not be pleaded or proved in any case. It shall take effect ten(10)days from and after its adoption by the voters. 1-104 Definitions. For the purposes of this charter the following definitions shall apply: (1) Administrative, Administration -Pertaining to the management and execution of laws and functions. (2) Administrative Procedures - Internal operations of City staff as set forth in the Administrative Orders Manual. (3) Bond - A certificate issued by the City, redeemable on a specific date, which may or may not bear interest. (4) Budget-The comprehensive financial plan of the City for the next fiscal year or other period of time as the Council may determine, including an explanation of the projected revenues and expenditures. (5) Canvass of Elections - The process of officially confirming the vote totals and such other information for authenticity as required in Section 1-405 for final ratification by the City Council. (6) Capital Improvements, Capital Projects- The acquisition by construction, purchase or gift of facilities or other assets of the City which are anticipated to have a useful life of more than two years. (7) Census -A periodic government count of the population. (8) Charter-The written instrument that creates and defines powers, rights and privileges for the City of Coon Rapids. (9) Civil Service Provisions - Employment guidelines for police and fire personnel governed by State Statutes. (10) Codification - Ordinances of the City of Coon Rapids that have been enacted which are compiled, consolidated, revised, indexed and arranged in a comprehensive manner. 1-100-1 (11) Debt Service - Payments to creditors, primarily the holders of municipal bonds, including principal, interest and paying agents' fees, including required contributions to a debt service fund for term bonds. (12) Eminent Domain - The power of the City to take for just compensation, through judicial action, any property for public use. (13) Emergency Meetings - Unscheduled meetings of the City Council which are held in order to resolve an issue in a timely manner. (14) Emergency Ordinance-Defined in Section 1-306. (15) Enterprise - A municipal service which is operated as a business and financed primarily by fees, rentals or other charges as opposed to a service which is financed primarily by taxes. Examples of enterprises are sewer and water operations and the golf course. (16) Franchise - A privilege conferred by the City to an individual, firm or corporation to 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. (17) Fund - A set of interrelated accounts to record revenues and expenditures associated with a specific purpose. Present funds are identified in Section 1-711. (18) General Fund-Defined in Section 1-711(1). (19) General Obligation Bond - A debt instrument issued by the City with the repayment of principal and interest based upon a pledge of the taxing authority of the City. (20) Initiative - The authority of the voters of Coon Rapids to initiate and adopt an ordinance as provided in Chapter 1-500. (21) In writing - Includes handwritten, typed or printed material, but not oral communication, audio or video tapes. (22) Legal Newspaper-A qualified newspaper as defined by Minnesota Statutes. (23) Legislative-Pertaining to the power to adopt ordinances. (24) Majority -A number greater than half, unless more specifically defined. (25) Ordinance - A city law which applies to all persons and property within the City and may include penalty provisions. (26) Precinct - A Subdivision of wards established for the purpose of administering elections;precincts are not necessarily equal in population. (See definition of Wards). (27) Public Hearing - A public meeting called to provide citizens the opportunity to express their position on a specific issue. (28) Public Utility -As defined in Chapter 1-1100. (29) Quorum - The prescribed number of members that must be present to legally transact business. (30) Referendum -Defined in Section 1-510. (31) Registered Voters - Those residents who are registered to vote in the City of Coon Rapids. (32) Resolution - A decision, opinion, policy or directive expressed in a formal document and adopted by the City Council. (33) Special Assessments - Costs of improvements which are assessed against property as specified in Minnesota Statutes Chapter 429. (34) Special Meetings - Non-emergency meetings of the City Council which are not prescribed by ordinance or resolution as required in Section 1-301. (35) Tax - An amount levied upon individuals or property to finance government goods and services. 1-100-2 r 1 • (36) User Fee - A fee charged to users of various municipal services, usually in relationship to the amount of the service that is used; distinct from taxes which are levied without regard to the volume of services used by the property or person. (37) Vacation - Release of City easements and similar City interests in property according to Section 1-1206. (38) Wards - Political subdivisions of the City which are nearly equal in population as practicable as defined in Section 1-203. Ward boundaries are to be amended according to Section 1-203. (39) Working Day - Any day City Hall is open to the public for conducting general business. [Revised 12/19/95, Ordinance 1556] 1-100-3 2 . 7) ),, . ,--t.„.L„) /„7) (,,,, 6.fido days after it was submitted to the Council by the City Clerk. If the Council fails to pass the proposed ordinance, or passes it in an amended form which is unsatisfactory to the committee of sponsors as herein provided, the proposed ordinance shall be submitted by the council to the voters at the next regular municipal election. In the event the number of signers of the petition is equal to at least 30 percent of the total number of votes cast at the last regular municipal election at which the Mayor was elected, the council shall call a special election upon the measure. Such special election shall be held not less than 30 nor more than 60 days: (a) from the date of final action on the proposed ordinance by the Council; or (b) after the expiration of 65 days from the date of submission to the Council when there has been no final action. In the event a regular election is to occur 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 a majority of the committee of sponsors 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 shall be submitted to the voters.[Revised 4/5/94, Ordinance 1483] 1-508 Initiative Ballots. The ballots used when voting upon any such proposed ordinance shall state the substance of the ordinance and shall give the voters the opportunity to vote either "yes" or "no" on the question of adoption. If the majority of the votes cast on any such ordinance vote in favor of it, it shall thereupon become an ordinance of the City. Any further 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 case of inconsistency between two(2) initiated ordinances approved at one (1) election, the one approved by the higher number of votes cast on the question shall prevail to the extent of the inconsistency.[Revised 4/5/94, Ordinance 1483] 1-509 Initiation of Charter Amendments. Nothing in this Charter shall be construed as in any way affecting the right of the voters under the constitution and statutes of Minnesota to propose amendments to this Charter. REFERENDUM 1-510 The Referendum. Prior to the date when an ordinance takes effect, a petition requesting repeal of such ordinance may be filed with the City Clerk. The petition must be signed by a number of registered voters equal to at least 15 percent of the votes cast at the last regular municipal election at which the Mayor was elected. The petition shall request that any such ordinance be repealed or be submitted to the vote of the voters, thereby preventing the ordinance from taking effect. The Council shall reconsider the ordinance at its next regular meeting and vote to either repeal or reaffirm the ordinance as passed. If the ordinance is reaffirmed the Council shall immediately order a special election to be held thereon, or submit the ordinance at the next regular municipal election, pending which the ordinance shall remain suspended. If a majority of the voters voting thereon is opposed to the ordinance, it shall not become effective; but if a majority of the voters voting thereon favors the ordinance, it shall take effect after the election results are certified or on the date therein specified. [Revised 4/5/94, Ordinance 1483] 1-511 Referendum Petitions. The requirements laid down in Section 1-504 and 1-505 above as to the formation of committees for the initiation of ordinances and as to the form of 1-500-3 PREAMBLE We, the people of the Village of Columbia Heights, in order to become a self-governing city under the municipal home rule provisions of the constitution and statutes of Minnesota, do adopt and establish this Charter of the City of Columbia Heights. ✓1 CHAPTER 1 NAME,BOUNDARIES, POWERS,AND GENERAL PROVISIONS Section 1. NAME. The Village of Columbia Heights,in the County of Anoka,and State of Minnesota, shall become,upon taking effect of this charter, a city under the name and style of the City of Columbia Heights, and shall continue to be a municipal corporation, with the same boundaries as are now established or as they may hereafter be established. Section 2. POWERS OF THE CITY. The City of Columbia Heights, by and in its corporate name,shall have perpetual succession;and save as herein otherwise provided and save as prohibited by the constitution or statutes of the State of Minnesota, it shall have and exercise all powers, functions,rights and privileges possessed by the Village of Columbia Heights prior to the adoption of this charter; also all powers, functions,rights and privileges now or hereafter given or granted to municipal corporations having"home rule charters"by the constitution and laws of the State of Minnesota, also all powers,functions,rights and privileges usually exercised by,or which are incidental to,or in here in,municipal corporations of like power and degree; also all municipal powers, functions,rights,privileges and immunities of every name and nature whatsoever; and in addition it shall have all the powers and be subject to the restrictions contained in this charter. In its corporate name it may take and hold, by purchase, condemnation, gift, or devise, and lease and convey any and all such real,personal, or mixed property, within or without its boundaries, as its purposes may require, or as may be useful or beneficial to its inhabitants. Section 3. CONSTRUCTION OF THIS CHARTER. The provisions of this charter shall be construed liberally in favor of the city, to the end that it may have all necessary powers for the efficient conduct of its municipal affairs,as contemplated by the municipal home rule provisions of the constitution and laws of the State of Minnesota. The specific mention of particular municipal powers in other sections of this charter shall not be construed as limiting the powers of the city in the premises to those thus mentioned. Section 4. POWERS,HOW EXERCISED. All powers of the City of Columbia Heights, unless otherwise provided by this charter, shall be exercised by the City Council or under its direction, subject to the initiative,referendum, and recall powers of the people. Section 5. CHARTER A PUBLIC ACT. This charter of the City of Columbia Heights shall be a public act and need not be pleaded or proved in any case. It shall take effect thirty days from and after its adoption by the voters of the Village of Columbia Heights,and shall go fully into operation on the first Monday after the first Tuesday in July,A.D., 1921. -1- CHARTER FOR THE CITY OF PLYMOUTH, MINNESOTA CHAPTER 1 GENERAL PROVISIONS Section 1.01.Name and Boundaries. The City of Plymouth is and will continue to be a municipal corporation with the boundaries existing on the effective date of this charter or as later modified in accordance with law. Section 1.02.Powers. The City of Plymouth has all powers that it is now or hereafter possible for a municipal corporation in the State of Minnesota to exercise in harmony with the Constitutions of the State of Minnesota and of the United States. It is the intention of this charter that every power that the people of the city might lawfully confer upon themselves as a municipal corporation by specific enumeration in this charter is deemed to have been so conferred by this section.This charter is to be construed liberally in favor of the city. The specific mention of particular powers in this charter is not to be construed as limiting the generality of the powers conferred by this section. Section 1.03 Application of General Law Where the Charter is Silent. Where the city charter is silent on a matter that is addressed for statutory cities by Minnesota Statutes Chapter 412 or other general law pertaining to the Council-Manager form of government and general law does not prohibit a city charter from addressing the matter, the City of Plymouth shall apply the general law. (Amendment#1;11/07/95) Section 1.04 Charter Commission Membership. A council member may serve on both the City Council and the Charter Commission, as long as no more than one council member serves on the Charter Commission at one time. Council members serving on the Charter Commission on the effective date of this Charter Amendment may complete their terms on the Charter Commission (Amendment #11, Ordinance No. 2006-23 effective December 27, 2006) Plymouth City Charter Page 16 of four of the committee members, and if the ordinance is so adopted, initiative proceedings for that ordinance terminate. If the council (i) fails to adopt an initiated ordinance or (ii) fails to repeal the referred ordinance within 40 days after the date of determination of sufficiency, the council must submit the initiated ordinance or referred ordinance to the voters. Subd. 3. Submission to Voters. The initiated ordinance or the proposed ordinance must be submitted to the voters at the next city-wide regular or special election held not less than 90 days nor more than one year after the council's action submitting the ordinance to the voters. If no such election is scheduled during the one-year period,the council must call a special election for that purpose during that one-year period. Subd. 4 Withdrawal of Petitions.A petition for initiative or referendum may be withdrawn at any time before the 60th day preceding the date scheduled for the election on the ordinance by filing with the clerk a request for withdrawal signed by at least four members of the petitioners' committee. If the request is filed, the petition has no further force or effect, and all proceedings thereon are terminated. Section 5.08. Charter Amendments. Petitions for initiative or referendum do not apply to amendments of this charter. Section 5.09. Results of Election. (a) Initiative. If a majority of the voters voting on an initiated ordinance approve, the ordinance is effective upon certification of the election results. (b) Conflicting Ordinances. If conflicting initiated ordinances are approved at the same election, the ordinance receiving the greatest number of affirmative votes is adopted. Any number of initiated ordinances may be voted on at the same election, but the voters must be permitted to vote for or against each ordinance separately. (c) Referendum. If a majority of the voters voting on a referred ordinance do not approve the ordinance,the ordinance is repealed upon certification of the election results. Section 5.10. Forms. Subd. 1. Initiative.The form of the initiative petition is fixed as follows: INITIATIVE PETITION Proposing an ordinance to (stating the purpose of the ordinance), a copy of which ordinance is attached hereto. This ordinance is sponsored by the following committee of eligible voters: Plymouth City Charter Page 38 before the council on the matter. The clerk must file a notice of completion of the vacation proceedings with the appropriate county official and in accordance with law. Section 12.07. City to Succeed to Rights and Obligations of Former City. Under this charter, the city will succeed to all the property, rights and privileges and will be subject to all legal obligations of the city under the former form of government. Section 12.08. Existing Ordinances Continued. Ordinances and regulations of the city in force when this charter takes effect and not inconsistent with this charter are continued in full force and effect until amended or repealed. Section 12.09.Pending Condemnations, Improvements and Assessments. A condemnation, improvement or assessment proceeding in progress when this charter takes effect is to be continued and completed under the laws under which the proceeding was begun. Assessments made by the city prior to the time when this charter takes effect will be collected as if this charter had not been adopted. Section 12.10. Ordinances to make Charter Effective. The council may by ordinance, resolution or other appropriate action take the necessary steps to make the provisions of this charter effective. Section 12.12. Effect of Charter Adoption. Nothing in this charter is to be construed to modify, abrogate or abridge (i) the rights, duties, liabilities, privileges or immunities of the city or its officers, (ii)the ordinances and resolutions of the city in effect on the effective date of this charter or(iii)the qualifications or terms of office of city officers as they existed prior to the effective date of this charter, except as otherwise specifically provided in this charter. This charter is not to be construed to affect, modify or repeal any special law of the state applicable to the City of Plymouth. Section 12.13. Special Transitional Matters. Subd. 1. Wards.The wards of the city are described as follows: Ward 1. Precinct Nos. 1, 2, 3, 4, 5, and 6 Ward 2. Precinct Nos. 7, 8, 9, 10, 11, and 12 Ward 3. Precinct Nos. 13, 14, 15, 16, and 17 Ward 4. Precinct Nos. 18, 19, 20, 21, 22, and 23 (Amendment #10, Ord2002-17 effective 04/23/2002; Amendment #12, Ord2012-09 effective 03/13/2012) Plymouth City Charter Page 39 Precincts are those established by council resolution and existing as the effective date of this charter. The council may not modify precinct boundaries prior to December 31, 1993, unless required by law or court decision. Section 12.14.Adjustments. The monetary limits in sections 4.05, 5.02, Subdivision 1, 7.09 and 7.14 are to be adjusted upward or downward in each year ending in zero by application of a consumer price index published by an appropriate agency of the United States government for the Minneapolis/St. Paul metropolitan area The calculation of the adjustment must be made by a qualified person selected by the city council. The amount of the adjustment must be certified by the clerk to the city council prior to December 31 of the year in which the calculation of the adjustment is made. Section 12.15.Amendment. This charter may be amended only in the manner provided by law. Section 12.16.Effective Date. This charter is effective on January 1, 1993. Crystal City Charter Page 1 Chapter 1 GENERAL PROVISIONS Section 1.01. Name and Boundaries. The City of Crystal is and will continue to be a municipal corporation with the boundaries existing on June 1, 1989, or as later modified by law. Section 1.02. Powers. The city has all powers that it is now or hereafter possible for a municipal corporation in the State of Minnesota to exercise in harmony with the constitution of the State of Minnesota and of the United States. It is the intention of this charter that every power that the people of the city might lawfully confer upon themselves as a municipal corporation by specific enumeration in this charter is deemed to have been so conferred by this section. This charter is to be construed liberally in favor of the city, and the specific mention of particular powers in this charter is not to be construed as limiting in any way the generality of the powers conferred by this section. Section 1.03. Charter a Public Act. This charter is a public act and need not be pleaded or proved in any case. 154481v3 DJK CR225-5 Crystal City Charter Page 22 CHAPTER 12 MISCELLANEOUS AND TRANSITORY PROVISIONS Section 12.01. Official Publications. The council must annually designate a legal newspaper of general circulation in the city as the official newspaper. Ordinances, matters required by law and this charter to be published, and other matters that the council deems necessary are published in the official newspaper. Section 12.02. Oath of Office. Elective officers of the city and any other officer so required by law or this charter must, before taking office take and subscribe to an oath of office in substantially the following form: "I solemnly swear(or affirm)that I will support the constitution and will obey the laws of the United States and of the State of Minnesota, and I will, in all respects, observe the provisions of the charter and ordinances of the City of Crystal, and will faithfully discharge the duties of the office of , to the best of my judgment and ability." Section 12.03 Interest in Contracts. Except as otherwise permitted by law an officer of the city who is authorized to take part in any manner in a contract with the city in an official capacity may not voluntarily have a personal financial interest in or personally benefit from the contract. Section 12.04. Official Bonds. Officers and employees of the city required by ordinance or law to supply a bond must, before assuming office or employment give a corporate surety bond to the city as security for the faithful performance of official duties and the safekeeping of public funds. The bond (a) must be in the form and amount fixed by the council, (b) may be either an individual or blanket surety bond, (c) must be approved as to form by the city attorney, and (d) filed with the city clerk. Premiums on the bond are paid by the city. Section 12.05. Sale of Real Property. Real property of the city must be disposed of by resolution after a public hearing after ten days' published notice. The net proceeds of the sale of real property must be used to retire outstanding indebtedness incurred by the city in the acquisition of that real property. Remaining net proceeds must be used to finance capital improvements or to retire other bonded indebtedness. (Amended, Ordinance No. 93-4, May 12, 1993) Section 12.06. Vacation of Streets. The council may by resolution vacate streets, alleys, public ways and public grounds, or parts thereof, in the city. The vacation may be made after ten days' published notice of a public hearing before the council on the matter. The clerk must file a notice of completion of the vacation proceedings with the appropriate county official and in accordance with law. (Amended, Ordinance No. 93-4, May 12, 1993) Section 12.07. Effect of 1989 Charter Revision. This charter is effective on June 1, 1989 and is a revision and comprehensive amendment to the original charter of the city adopted and effective on August 23, 1960. Nothing in this charter is to be construed to modify, abrogate or abridge (a) the rights, duties, liabilities, privileges or immunities of the city, (b)the ordinances and 154481 v3 DJK CR225-5 Crystal City Charter Page 23 resolutions of the city, or(c)the qualifications or terms of office of city officers as they existed on June 1, 1989, except as otherwise specifically provided in this charter. This charter is not to be construed to affect, modify or repeal any special law of the state applicable to the city of Crystal. Section 12.08. Civil Service Commission. The Crystal Civil Service Commission is abolished effective February 1, 1991 (Added, Ordinance No. 90-22, February 1, 1991.) Section 12.09. Fines and Penalties. Subdivision 1. The council may establish by ordinance a procedure for imposing an administrative penalty for any violation of the city code or a city ordinance. The procedure must provide that any person charged with an administrative penalty will receive notices of violations and an opportunity to be heard by a neutral party. The procedure may authorize the city to use the services of a non-city employee to decide whether an administrative penalty should be imposed. (Added, Ord.No. 2002-07, August 5,2002) Subd. 2. The city council may provide by ordinance that unpaid administrative penalties be collected as a special assessment against property which was the subject matter, or related to the subject matter, of the penalty or against the property which was the location of an activity, proposed use, delivery of city service, or other circumstances that resulted in the penalty. The ordinance must provide that the city will first attempt to obtain voluntary payment of the penalty. The ordinance must also provide that notice and an opportunity to be heard will be given to the property owner listed on the official tax records before the penalty is assessed. (Added, Ord. No. 2002-07, August 5, 2002) Section 12.10. (Intentionally left blank) Section 12.11. Employee Compensation and Recognition. The city council may adopt by ordinance or resolution a comprehensive employee compensation and recognition policy, or similar policy statement. The policy statement may include provisions authorizing the expenditure of public funds to establish and conduct employee and community volunteer recognition programs and preventative health and wellness programs for city employees. (Added, Ord.No. 2006-2, May 17, 2006) 154481v3 DJK CR225-5