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CHA 09/02/2014 TO: Charter Commission Members FROM: Deb Skogen, City Clerk and Staff Liaison Moranda Zimmer, City Management/ Elections Intern Date: August 26, 2014 Re: Charter Commission Meeting of September 2, 2014 This is a reminder to you that the next Charter Commission meeting will be held on Tuesday, nd September 2 at 7:00 p.m. in Conference Room A on the Upper Level. In order to ensure a quorum, remember, the Charter Commission policy requires a member to call or e-mail me before 10:00 a.m. Tuesday, September 2nd, as to whether or not you plan on attending the meeting. Please remember to call or e-mail me by Tuesday morning at (763)572- 3523 or e mail at deb.skogen@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. To bring to your attention, at the City Council meeting held on August 25, 2014 a motion was approved to recommend the Fridley City Charter to review the City Charter, Section 7.04-7.05, pertaining to the date the preliminary budget and levy are presented to the City Council. The reasoning for this review is in subject with the legislative amended change extending the deadline for proposed levies for counties and cities from September 15th to September 30th. In the Charter Section 7.09 the date of the levy is consistent with state law however, the budget deadline is not. The fiscal disparities information is not released until after the first of September, which does not allow for the City to propose the most effective budget by the last council meeting in August. This later date is consistent with the school deadline as well. If you have any questions, please call or e-mail me if you have questions. FRIDLEY CHARTER COMMISSION A G E N D A TUESDAY, SEPTEMBER 2, 2014 - 7:00 P.M. ====================================== Fridley Municipal Center LOCATION: Conference Room A Upper Level 1.CALL TO ORDER: 2.ROLL CALL: 3. APPROVAL OF AGENDA: 4. APPROVAL OF MINUTES May 5, 2014 5. ADMINISTRATIVE MATTERS A. Status of appointments and reappointments 6. OLD BUSINESS 7. NEW BUSINESS A. Review of Chapter 7 Date Preliminary Budget Presented to City Council B. Review of Chapter 1 C. Review of Chapter 6 D. Review of Chapter 10 8. FUTURE MEETING TOPICS/COMMUNICATIONS 9. ADJOURNMENT Next Regular Commission Meeting TUESDAY, October 6, 2014 Conference Room A - Upper Level CITY OF FRIDLEY CHARTER COMMISSION MEETING MAY 5, 2014 CALL TO ORDER: Chairperson Nelson called the Charter Commission meeting to order at 6:59 p.m. ROLL CALL: Members Present: Commissioners Gary Braam, Don Findell, Marion Flickinger, Carol Hoiby, Bill Holm, Ted Kranz, Rick Nelson, Barb Reiland, Pam Reynolds, Cindy Soule, Richard Walch Members Absent: Commissioners Pete Borman, Novella Ollawore and Lois Scholzen Others Present: Councilmember Ann Bolkcom Deb Skogen, City Clerk/Staff Liaison APPROVAL OF AGENDA Commissioner Holm MOVED and Commissioner Flickinger seconded a motion approving the meeting agenda. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. APPROVAL OF MINUTES Commissioner Braam MOVED and Commissioner Findell seconded a motion approving the Charter Commission meeting minutes of April 7, 2014. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. ADMINISTRATIVE MATTERS A. Vacancies Chairperson Rick Nelson thanked Commissioner Holm for all of his years of service and for the great job he has done. Commissioner Holm joined the Charter Commission in 1996 and has served five terms over an 18 year period. The Commissioners all said thank you. Commissioner Holm said it had been an honor and wished the Commissioners well with their future endeavors. Manuel Granroos and David Ostwald were introduced to the Commission as the two individuals who had applied for the two vacancies on the Charter Commission. They provided information on their backgrounds and why they would like to serve on the Charter Commission. The Charter Commission was described as a very deliberative body who takes the time to discuss and review the language of the Charter to simplify the language and make it more understandable. Commissioner Reiland MOVED and Commissioner Reynolds seconded a motion recommending the appointment of Manuel Granroos and David Ostwald to the Charter Commission and directing Deb Skogen to prepare a letter to the Chief Judge of the Tenth Judicial District recommending the appointment. CHARTER COMMISSION MEETING OF MAY 5, 2014 PAGE 2 UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. OLD BUSINESS Ms. Skogen reported that the amendments made to Chapter 3 of the Charter and recommended to the City Council thth received its second reading on April 28. It becomes effective in 90 days, or July 29. NEW BUSINESS Councilmember Ann Bolkcom was introduced. Ms. Bolkcom said she was there on behalf of the City Council to help create an open dialogue with the Charter Commission. Chairperson Nelson asked if there were fund reserved in the 2014 budget for storm clean-up if there were a large storm. Ms. Bolkcom said it made some sense but was unsure as to an amount. She said large storms were of concern and the City would not have an area for staging if the Columbia Arena site were developed. She said she would talk with the City Manager and have staff get back to them with an answer. (Answer: The City Manager said there were no specific funds set aside for storm clean-up.) They discussed the boulevard trees and wondered if they were City property. Ms. Bolkcom said they were getting a legal opinion and trying to create a policy pertaining to the trimming of boulevard trees. Ms. Bolkcom recommended providing the City Council information on what the Commission was working on. agendas and minutes be placed on the web site. Ms. Skogen said they are available through the City Documents. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED. The Commissioners continued their dialogue with Councilmember Bolkcom. They discussed the redevelopment of Gateway East, working closely together and nonpayment of special assessments. The Commissioners asked how long before the city council meeting was on the computer to view. (Answer: Streaming city council minutes can be viewed within the next 24 hours. They are also rebroadcast at 7 am daily and midnight on Wednesday.) ADJOURNMENT: Commissioner Flickinger MOVED and Commissioner Findell seconded a motion to adjourn the meeting. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON NELSON DECLARED THE MOTION CARRIED AND THE MEETING WAS ADJOURNED AT 7:54 P.M. Respectfully submitted, ________________________ ________________________ Debra A. Skogen, Commissioner Donald Findell, Secretary City Clerk/Staff Liaison Item7A AGENDA ITEM CITY COUNCIL MEETING OF AUGUST 25, 2014 To: Walter T. Wysopal, City Manager Mayor and City Council From: Debra A. Skogen, City Clerk Moranda Zimmer, City Management and Elections Intern Date: August 21, 2014 Re: Consideration of a Motion Recommending the Fridley City Charter Commission Review Charter Sections 7.04 and 7.05 Pertaining to the Date the Preliminary Budget and Levy are presented to the City Council Introduction The Minnesota Legislature amended state law by extending the deadline for proposed levies for counties and cities from September 15 to September 30. This amendment was part of the 2014 Omnibus Tax Bill Chapter 305. Background and Analysis Early on in the 2014 legislation the push to extend the tax levy certification date was an important issue for the metro cities. The fiscal disparities program is gathering their information and releasing th it around the September 15 date. With this very valuable information being released the same time the levies were due was challenging to counties and cities as they had to base their levies without th this knowledge. By extending this deadline to September 30, the fiscal disparities program can stay in rhythm with their research, the counties and cities have the ability to obtain this information to submit an accurate levy, and this later date is consistent with the schools deadline. This non- controversial issue saw very little discussion as it was seen as a beneficial amendment to es, and school districts. Fridley City Charter 7.04-7.05 requires the proposed budget and property tax levy must be submitted to the City Council the last council meeting in August. Due to legislative changes some information, including fiscal disparities is not being reported by the state until after the first of September. Keeping the Charter date set for the last meeting in August does not allow the city to have all of the information needed to prepare the most effective budget. The later date of 1 th September 30 would allow for the city to have all necessary information, and provide for more flexibility when preparing the budget and levy. In 2013 the city created a new budget process which begins in June, instead of February. Extending the August date to a later date in September would allow the city more time to forecast what needs to be in the budget and how much the levy should be. By extending the process to a later date it would be consistent with the current school and state th deadline of September 30. Recommendation Recommend the Fridley City Charter to consider and discuss sections 7.04 and 7.05 of the charter pertaining to when the preliminary budgets and levy should be submitted to and reviewed by City Council. 2 2014LegislativeChanges-Chapter305OmnibusTaxBill, Article2Section11 Fridley City Charter Chapter 7 Section 7.05 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 expend 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 po 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 expended under similar headings for the two (2) preceding fiscal years, and, as far as practicable, the amounts expended and estimated for expenditure during the current year. In addition to estimate Manager shall prepare a detailed statement of revenues collected completed fiscal years with amounts estimated to be collected for the current fiscal year, current fiscal year, and an estimate of revenues for the ensuing fiscal year. The es and an estimate of revenues for the ensuing fiscal year. The es and an estimate of revenues for the ensuing fiscal year. The es the Council at its last regular monthly meetinthe Council at its last regular monthly meeting in August and shall be published twice in g in August and shall be published twice in the Council at its last regular monthly meetin g in August and shall be published twice in summary in the official Publication prsummary in the official Publication prior to November 15. (Ref. Ord. 625, Ord. 946) ior to November 15. (Ref. Ord. 625, Ord. 946) Section 7.05. PASSAGE OF THE BUDGET. The budget shall be a principal item of busineThe budget shall be a principal item of business at the last regular monthly meeting of the ss at the last regular monthly meeting of the The budget shall be a principal item of business at the last regular monthly meeting of the Council in August, and the Council shall hold subsequent meetings from time to time until all the eetings from time to time until all the Council in August, and the Council shall hold subsequent m Council in August, and the Council shall hold subsequent m estimates have been consideestimates have been considered. The meetings shall be so conducted as to give interested red. The meetings shall be so citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions. The budget estimates shall be read in full and the City Manager shall explain the various items thereof as fully as may be deemed necessary by the Council. The annual budget finally agreed upon shall set forth in such detail as may be determined by the City Council, the complete financial plan of the City for the ensuing fiscal year, and shall be signed by the majority of the Councilupon 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 Section 7.04. The budget resolution as adopted shall be published in the official publication. (Ref. Ord. 625, Ord. 946) 12-02-2013 Fridley City Charter Chapter 7 Section 7.09 Section 7.06. ENFORCEMENT OF THE BUDGET. It 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 past expenditures and the s of all outstanding orders and encumbrances. No officer or employee 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 City for any purpose not authorized in the budget or for any amount in excess of the amount therein authorized shall be a personal obligation upon the person incurring the expenditure. (Ref. Ord Section 7.07. ALTERATIONS IN THE BUDGET. After the budget shall have been duly adopted, the Council shall not have power to increase the amounts therein fixed, whether by the insertion of new items or otherwise, beyond the estimated revenues, unless the actual receipts shall exceed such estimates, and in that event, not beyond such actual receipts. The sums fixed in the budget shall be and become appropriated at the beginning of the fiscal year for the several purposes named therein, and no other. The Council may at any time, by resolution passed by a vote of at least four (4) members of the Council, reduce salaries or the sums appropriated for any purpose 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. (Ref. 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. 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 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 exceed the amount required to be raised for the special purpose for which the same is levied, but a suspense fund, and shall be used to reduce the levy for the ensuing year. (Ref. Ord. 625, Ord. 946) 12-02-2013 Item7B FRIDLEY CITY CHARTER CHAPTER 1. NAME, BOUNDARIES, POWERS AND CONSTRUCTION OF GOVERNMENT Section 1.01. NAME AND BOUNDARIES. 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. The City of Fridley shall have perpetual succession; may sue and be sued; may use and alter its seal at pleasure; shall be capable of contracting and being contracted with; 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; may acquire, construct, own, lease and operate public utilities, and render public service of every kind; may grant franchises or licenses for the construc-tion, 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; may assess, levy and collect taxes, for general or special purposes, on all subjects or objects which the city may lawfully tax; 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; may appropriate the money of the City for all lawful purposes; may provide for, construct, regulate, and maintain public works and local improvements; may levy and collect assessments against real property within the City for local improvements and services including garbage and refuse collection and disposal; may license and regulate persons, corpora-tions and associations engaged in any occupation, trade or business; 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; may regulate the construction, height and materials used in all buildings, and the maintenance and occupancy thereof; may regulate and control the use for whatever purposes of the streets and other public places; may make and enforce local police, sanitary, and other regulations; 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; shall have, retain and may exercise all powers, functions, rights, and privileges, heretofore possessed by the Village of Fridley; 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; 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. 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. 10/05/89 Fridley City Charter Chapter 1 Section 1.04.4 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. 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. 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 Item7C 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 qualifications. The choice shall not be limited to inhabitants of the city or State but shall be limited to a citizen of the United States. The City Manager shall be appointed for an indefinite period and 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) Section 6.02. POWERS AND DUTIES OF THE CITY MANAGER. Subject to the provisions of this Charter and any regulations consistent therewith which may be adopted by the council, the City Manager shall control and direct the administration of the City's affairs. The City Manager's powers and duties shall be: (a) To enforce this Charter and the laws, ordinances and resolutions of the City; (b) To appoint with the consent and approval of the Council all subordinate officers and employees; (c) To remove any subordinate officer or employee, provided that the Council is notified; (d) To exercise control over all departments and divisions of the City administration created by this Charter or which may hereafter be created by the Council; (e) To attend all meetings 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 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) 7-23-01 Fridley City Charter 6.07 Section 6.03. DEPARTMENTS OF ADMINISTRATION. The Council may create such offices, departments, divisions and bureaus for the administration of the City's affairs as may seem necessary, and from time to time alter the powers and organization of 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 time. Section. 6.04. SUBORDINATE OFFICERS. There shall be a City Clerk, City Treasurer, City Attorney and such other officers subordinate to the City Manager as the Council may provide for by ordinance(s). The City Clerk shall be subject to the direction of the City Manager and shall have such duties in connection with keeping of the public records, the custody and disbursement of the public funds, and general administration of the City's affairs as shall be ordained by the Council. The City Clerk 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, Ord. 857) Section 6.05. PURCHASES AND CONTRACTS. The City Manager shall be the Chief Purchasing Agent of the City. All purchases on behalf of the city shall be made, and all contracts let by the City Manager, provided that the approval of the Council must be given in advance whenever the amount of such purchase or contract exceeds the amount stated in the State Statutes. All contracts, bonds, and instruments of every kind to which the City shall be a party shall be signed by the Mayor on behalf of the City, as well as 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 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 otherwise provide, the City Manager shall advertise for bids by at least ten (10) days published notice in the official newspaper. 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 may be made by ordinance, subject to the provisions of this Charter. 7-23-01 Item7D FRIDLEY CITY CHARTER CHAPTER 10. FRANCHISES AND PUBLIC UTILITIES Section 10.01. DEFINITION OF FRANCHISES. The word "franchise" as used in this Charter shall be construed to include all privileges granted to any person, firm, association or corporation in, over, upon or under any of the highways or public places of the City, whether such privileges have been or shall hereafter be granted either by the City or by the State of Minnesota. Section 10.02. FRANCHISE ORDINANCES. The Council may grant franchises by ordinance adopted by an affirmative vote of at least four (4) members of the Council, but in no case shall a franchise be granted by an emergency ordinance, nor within twenty (20) days after a public hearing thereon as provided for in Section 10.09, or later than sixty (60) days after such public hearing. Franchise rights shall always be subject to the superior right of the public to the use of streets and public places. All corporations, co-partnerships, persons or other entity desiring to make an especially burdensome use of the streets or public places inconsistent with the public's right in such places, or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating street or other railways, or for telephoning or telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the City or its inhabitants or any portion thereof transportation facilities, water, light, heat, power, or any other public utility, or for any other purpose, may be required to obtain a franchise before proceeding to make such use of the streets or public places or before proceeding to place such fixtures in such places. Every ordinance granting or extending any franchise shall contain all the terms and conditions of the franchise. A franchise shall be without any validity whatever until it has been unconditionally accepted in all its terms, and such acceptance, properly executed by the grantee, has been filed with the City Clerk. Section 10.03. COST OF PUBLICATION OF FRANCHISE. The grantee shall bear the cost of publication of the franchise ordinances and shall deposit sufficient cash to guarantee the publication before the ordinance is passed. Section 10.04. POWER OF REGULATION RESERVED. The City shall have the right and power to regulate and control the exercise by a corporation, co- partnership, person or other entity, of any franchise, however acquired, and whether such franchise has been heretofore granted by the City of Fridley or by the State of Minnesota, or shall hereafter be granted by the City or by the State of Minnesota. (Ref. Ord. 592) 10/05/89 Fridley City Charter Chapter 10 Section 10.06.6 Section 10.05. RATES AND CHARGES. Every public utility or franchisee making use of the streets or public places within the City shall give courteous, efficient and adequate service at reasonable rates. A reasonable rate shall be construed to be one which will, with efficient management, normally yield a fair return on all property used and useful in furnishing service to the City and its inhabitants. This shall not be construed as a guaranty of a return and in no case shall there be any return upon franchise value. Within these limits the determination of maximum rates, fares, or charges to be charged by any public utility or franchisee for service rendered to the City or any person, persons, firm or corporation within the City, shall be made, if possible, by direct negotiations between the public utility or franchisee and the Council. In case of failure to reach an agreement by this method within a reasonable time the Council may, in its discretion, agree to submit to arbitration on such terms as it may deem feasible or upon such terms as the franchise provides for, the fixing of rates, fares, or charges by the public utility or franchisee; provided, however, that the rates, fares, or charges so fixed by arbitration shall not be binding on the City for more than five (5) years. (Ref. Ord. 625) Section 10.06. PROVISIONS OF FRANCHISES. Every Franchise shall contain among other things, provisions, relating to the following: 1. The term of the franchise granted, which shall not exceed twenty-five (25) years. 2. Rates, fares and charges to be charged by the public utility or franchisee in compliance with the terms and provisions of Section 10.05. 3. The rights reserved to the City in connection with the erection of poles, masts or other fixtures in the streets or public places and the attachment of wires thereto, the laying of tracks in or of pipes or conduits under the streets or public places, and the placing in the streets or other public places of any permanent or semi-permanent fixtures or equipment by the public utility or franchisee. 4. The prompt repair by the public utility or franchisee of all damages to the public streets, alleys and public property occasioned by the acts or omissions of the public utility or franchisee. 5. The rights of the City to have access to all books, records, and papers of the public utility or franchisee which in any way deal with, affect or record its operations within and pertaining to the City and pertaining to property and equipment used and useful in furnishing service to the City and its inhabitants. 6. The power and the right of the City to submit to arbitration the fixing of any rates, fares or charges to be made by the public utility or franchisee. 10/05/89 Fridley City Charter Chapter 10 Section 10.09 7.The right of the public utility or franchisee to receive upon condemnation proceedings brought by the City to acquire the public utility or franchisee compensation for its franchise or the value thereof, if any. (Ref. Ord. 625) Section 10.07. FURTHER PROVISIONS OF FRANCHISES. The enumeration and specification or particular matters which must be provided for in every franchise or renewal or extension thereof shall not be construed as impairing the right of the City to insert in any such franchise or renewal or extension thereof such other and further conditions and restrictions as the Council may deem proper to protect the City's interests, nor shall anything contained in this Charter limit any right or power possessed by the City over existing franchises. Section 10.08. RENEWALS OR EXTENSION OF FRANCHISES. Every extension, renewal or modification of any existing franchise or of any franchise granted hereunder shall be subject to the same limitations and granted in the same manner as a new franchise. Section 10.09. PUBLIC HEARINGS. Before any franchise ordinance is adopted or any rates, fares or charges to be charged by the public utility or franchisee are fixed, there shall be a public hearing by the Council in regard thereto. Notice of such public hearing shall be given by published notice at least once in the official newspaper not less than twenty (20) days prior to the date of such public hearing. Additional notice of such public hearing may be given in such manner as the Council shall determine. (Ref. Ord. 625) 10/05/89