CHA 02/23/2009 TO: Charter Commission Members
mirj_ FROM: Deb Skogen, City Clerk and Staff Liaison
Date: February 13, 2009
•
CITY OF Re: Charter Meeting
FRIDLEY
Remember to call or e-mail me no later than 8:00 a.m. February 23`d to let me know whether or
not you will be attending the meeting.
The next Charter Commission meeting will be held on Monday, February 23, 2008, in Meeting
Room 1 in the lower level of City Hall.
Attached is the agenda, minutes and proposed ordinance for Chapter 7-12.
Due to losses in state aid, the city will have to make some hard decisions about the City's 2009
and 2010 budgets. City Manager Bill Burns and Finance Director Rick Pribyl would like to meet
with the Charter Commission during a special meeting in March, date yet to be determined,to
discuss those issues. I have placed it on the agenda for discussion and will have more
information as to a meeting date at that time.
If you have any additional questions,please call me (763) 572-3523.
CITY OF FRIDLEY
,.� CHARTER COMMISSION
AGENDA
MONDAY, FEBRUARY 23, 2009 AT 7:00 P.M.
LOCATION: Fridley Municipal Center
Meeting Room 1, Lower Level
1. CALL TO ORDER:
2. ROLL CALL:
3. APPROVAL OF AGENDA:
4. APPROVAL OF MINUTES
5. Administrative Matters
A. Oath of Office Findell,Jorgenson,Plummer, Scholzen,Shaw,and Soule
n B. Report of Nominations Committee
C. Schedule Special Meeting date with City Manager and Finance Director
Regarding City Budget
6. Discussion of Proposed Ordinance Chapters 7 through 12
7. Discussion of Future Items
8. ADJOURNMENT
Next Regular Meeting: Monday, March 23, 2009 at 7:00 p.m. in Meeting Room
1 in the Lower Level
CITY OF FRIDLEY
CHARTER COMMISSION MEETING
January 26,2009
CALL TO ORDER:
Chairperson Borman called the Charter Commission meeting to order at 7:04 p.m.
ROLL CALL:
Members Present: Commissioners Borman,Holm,Jorgenson,Nelson,Reynolds,Scholzen, Shaw and Soule
Members Absent: Commissioners Braam,Findell,Hoiby,Kirkwood,Kranz,Plummer and Ryan
Others Present: Deb Skogen,City Clerk/Staff Liaison
APPROVAL OF AGENDA:
Deb Skogen said the agenda received was incorrect and recommended changing items under Administrative Matters
to remove the 2009 meeting dates and to add the Oath of Office for Keith Shaw,the reappointment of six
commissioners and the appointment of the nominating committee.
Commissioner Nelson MOVED and Commissioner Soule seconded a motion to approve the agenda as amended
above.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
APPROVAL OF NOVEMBER 24,2008,CHARTER COMMISSION MINUTES:
Commissioner Reynolds MOVED and Commissioner Shaw seconded a motion to approve the November 24,2008,
Charter Commission Minutes.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
I. ADMINISTRATIVE MATTERS
A. Oath of Office
The Oath of Office was given to incoming Commissioner Keith Shaw.
B. Reappointment of Commissioners who's terms are expiring in 2009
Commissioners Jorgenson and Plummer's terms expire on February 21,2009 and Commissioners
Findell,Shaw, Soule and Scholzen expire on May 1,2009.
Commissioner Holm MOVED and Commissioner Nelson seconded a motion to recommend to the
Chief Judge of the 10th District Court the reappointment of Commissioners Findell,Jorgenson,
Plummer,Shaw,Soule and Scholzen if they agree to be reappointed.
UPON A VOICE VOTE ALL VOTING AYE CHAIRPERSON BORMAN DECLARED THE
MOTION CARRIED UNANIMOUSLY.
CHARTER COMMISSION MEETING OF JANUARY 26,2009 PAGE 2
Commissioners Jorgenson, Shaw, Soule and Scholzen would all like to be reappointed. Deb Skogen
will contact Commissioners Findell and Plummer to see if they would like to be reappointed.
C. Appointment of Nominating Committee Chair
Chairperson Borman appointed Bill Holm to Chair the Nominating Committee who will then seek
members to work with him to report the results at the February meeting.
2. DISCUSSION OF CHAPTER 11
Deb Skogen reviewed the documentation provided in the packet. She provided Chapters 7, 8, 10, 11 and 12 as those
are the chapters that have been reviewed with the changes that have been recommended. In addition,she provided
information on Statutory Cities and Charter Cities from the League of Minnesota Cities,and Section 412.321
through 412.391 of the Minnesota Statutes pertaining to Municipal Utilities with information about Public Utilities
Commissions(PUC).
According to the Handbook of MN Cities,page 17,(MN Statute 412.321)A charter may provide for acquisition
without a vote or may require a different majority from the majority necessary in statutory cities. A charter may give
the right of condemnation without a time limit. A charter may also allow the city to use surplus utility funds to
support general funds. In addition,MN Statute 44.075,subd 3(b)also states Charters may not attempt to set utility
rates for water,sewer and storm water utilities. Charter provisions may not artificially inflate or suppress rates.
Authority to set rates is vested exclusively in the city council by state statute.
Commissioner Soule said she had a problem with Section 11.08 as there is no reference to a Public Utility
Commission and was concerned about the wording. After reviewing the Charter, it appears Section 2.01.3 gives the
City Council the ability to exercise the powers of all City Boards and Commissions. The Commission It didn't
appear that Chapter 11 really specified anything about a Public Utilities Commission.
Deb Skogen said in the minutes the Commissioners had discussed this at the last meeting and had come up with a
sentence they could add, she was just not sure how it should be added in. She said the language referred to
Minnesota State Law which would help provide direction to the Council.
Commissioner Reynolds felt the Charter should be clarified to state that it is a public utilities commission.
Commissioner Jorgenson said the City never knows whether or not something like creating a PUC would be
necessary or not. In addition,the type of commissioners that would be needed for this commission would have to
have experience and knowledge in municipal utility operations which would mean these commissioner positions
would be paid positions. According to state law,there could be no residency requirement,which would help to get
qualified individuals.
Chairperson Borman wondered if it would be up to the commission itself to come up with its own rules and
procedures or is it something the Charter Commission would provide.
Commissioner Holm felt the rules,regulations,officers,etc.would be at the discretion of the Council.
Commissioner Soule wondered if the Charter should be more restrictive with additional language or do we just want
to say the Council may establish or abolish this commission.
Commissioner Nelson wondered if the Charter Commission would be responsible for researching and preparing an
ordinance establishing the PUC. Commissioner Holm felt this should be the responsibility of the Council and not the
Charter Commission.
After further discussion Commissioner Soule MOVED and Commissioner Nelson seconded a motion to add the
following language before the current language in Section 11.08:
CHARTER COMMISSION MEETING OF JANUARY 26,2009 PAGE 3
"The City Council may establish a public utilities commission as defined and authorized by state
law." The Commission's membership, organization, rules and regulations, officers, salary,
jurisdiction, powers, disbursements, reports and abolition of the commission will be at the
discretion of the Council by a majority vote.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED UNANIMOUSLY.
3. REVIEW OF CHAPTERS 7,8,10, 11 AND 12
A review of Chapters 7,8, 10, 11 and 12 was completed by the Commission on all of the recommended changes they
have agreed to. A few changes were made and it was recommended the City Clerk prepare an ordinance with the
recommended changes to bring to the next meeting.
ADJOURNMENT:
Commissioner Reynolds MOVED and Commissioner Jorgenson seconded a motion to adjourn the meeting.
UPON A VOICE VOTE,ALL VOTING AYE,CHAIRPERSON BORMAN DECLARED THE MOTION
CARRIED AND THE MEETING WAS ADJOURNED AT 8:10 P.M.
Respectfully submitted,
Debra A. Skogen, Carol Hoiby, Secretary
City Clerk/Staff Liaison
ORDINANCE NO.
AN ORDINANCE AMENDING THE FRIDLEY HOME RULE CHARTER, CHAPTER 7.
TAXATION AND FINANCES, CHAPTER 8. PUBLIC IMPROVEMENTS AND
SPECIAL ASSESSMENTS, CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION
OF UTILITIES, AND CHAPTER 12. MISCELLANEOUS PROVISIONS
After consideration and recommendation of the Fridley Charter Commission, the Fridley City
Council hereby ordains, after findings, review, and examination, that the Fridley Home Rule
Charter be hereby amended as follows:
SECTION 1: THAT CHAPTER 7 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 7. TAXATION AND FINANCES
SECTION 7.02. .
1. The City shall have, in addition to the powers by this Charter expressly or impliedly granted,
all powers to raise money by taxation pursuant to the laws of the State which are applicable
to cities of the class of which it may be a member from time to time, provided that the
amount of taxes levied against real and personal property within the City for general City
■••. purposes shall not exceed in dollars, a tax levy that is greater that the prior year tax levy
increased by an inflationary index, or 5%, whichever is least less. Said inflationary index
shall be that as defined by the U.S. Department of Labor, Bureau of Labor Statistics,
Consumer Price Index for all Urban Consumers in the Minneapolis, St. Paul metropolitan
area.
SECTION 2: THAT CHAPTER 8 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
SECTION 8.01. THE CITY PLAN
The present zoning and comprehensive plans shall be the plans for future physical development
of the City. Plans may be altered from time to time. To alter a zoning plan, the City Council
shall hold a public hearing_ and- Notice shall be published fourteen (14) days prior to said
hearing with notices sent to affected property owners. It may include provisions for zoning, for
the platting and development of new areas, for the planning and location of public works of art,
public buildings, parks, playgrounds, bridges, transportation lines, and other public facilities, and
for laying out, improving streets and public places as well as all other matters which may seem
essential to such a plan
Ordinance No. Page 2
Section 8.05. PUBLIC WORKS HOW PERFORMED.
1. Public works including all local improvements, may be constructed, extended, repaired or
maintained either by contract or directly by day labor. Before receiving bids the City
Manager shall, under the direction of the City Council have suitable plans and
specifications prepared for the proposed material or project and estimate of the cost-
thereof in detail. The award of any contract amounting to more than d
dollars-0%03000) what is allowable under Minnesota state statutes shall require an
affirmative vote of at least four (4) members of the City Council. When the best interest
of the City will be served thereby, the City Council may organize a public works
department under competent supervision and provided with suitable equipment.
SECTION 3: THAT CHAPTER 11 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Section 11.04. CITY TO PAY FOR SERVICES
The Council shall make a reasonable charges, based on the cost of service, for lighting the streets
and public buildings, Of for supplying heat, power or any other utility, and for
supplying the City with water,_ and The City shall credit the same to the publicly owned utility
�..� supplying the service. Such rentals and other charges for light, heat, power, water and other
services shall be collected in the same manner as from other consumers,unless the Council provides
some other plan.
Section 11.08. COMMISSION AT DISCRETION OF COUNCIL
The City Council may establish a public utilities commission as defined and authorized by
state law. The commission's membership, organization, rules and regulations, officers, salary,
jurisdiction,powers, disbursements,reports and abolition of the commission will be at the discretion
of the Council by a majority vote.
SECTION 4: THAT CHAPTER 12 OF THE FRIDLEY HOME RULE CHARTER BE
HEREBY AMENDED AS FOLLOWS:
CHAPTER 12. INITIATIVE, REFERENDUM AND RECALL
Section 12.01. OFFICIAL PUBLICATIONS
The Council shall regulate by ordinance, subject to the requirements of this Charter, the
manner in which official publicity shall be given to the holding of elections,ordinances,resolutions,
requests for bids upon contemplated purchases and contracts, and all other matters whatsoever
which require publication either by the provisions of this Charter or by the laws of Minnesota. It
shall annually designate a legal newspaper of general circulation in the City as the official
Ordinance No. Page 3
newspaper in which shall be published such measures and matters as are by the laws of this State
and this Charter required to be so published, and such other matters as the Council may deem it
advisable and in the public interest to have published in this manner. The Council may in its
discretion, in addition to the publications required by this Charter, provide for the publication of
important city information including the annual budget, ordinances, resolutions, election notices,
and such other measures and matters as it may deem wise.; It shall be done by mailing or posting
of typewritten3 mimeographed printed copies thereof upon bulletin boards located in public
places of the City in such number and for such period of time as the Council may direct in each
case. In addition, the city council may use electronic means for publication. Nothing herein
contained shall be construed as authorizing or attempting to authorize any violation of the
Constitution or the Statutes of the State in any matter which is of State concern or which is
exclusively under State control.
Section 12.02. PUBLICITY OF RECORDS.
All records and accounts of every office, department or agency of the City shall be open to•inspection . . . • ;, . . , , . • , , , , . . . . . . • • •
. . . . • , • • . • . . •
;
. • . . . . . . . . . • . . • • .. in
. .. . .
accordance with the Minnesota Government Data Practices Act.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
DAY OF 2009.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
Public Hearing:
First Reading:
Second Reading:
Published:
FRIDLEY CITY CHARTER
CHAPTER 7. TAXATION AND FINANCES.
Section 7.01. COUNCIL TO CONTROL FINANCES.
The Council shall have full authority over the financial affairs of the City, and shall provide for the
collection of all revenues and other assets, the auditing and settlement of accounts, and the
safekeeping and disbursement of public moneys. In the exercise of a sound discretion it shall make
provisions for the payment of all liabilities and expenses. The Council shall establish the fiscal year
for the City.
Section 7.02. POWER OF TAXATION.
1. The City shall have, in addition to the powers by this Charter expressly or impliedly
granted, all the powers to raise money by taxation pursuant to the laws of the State which
are applicable to cities of the class of which it may be a member from time to time,
provided that the amount of taxes levied against real and personal property within the City
for general City purposes shall not exceed in dollars, a tax levy that is greater than the prior
year tax levy increased by an inflationary index, or 5%, whichever is less least. Said t
inflationary index shall be that as defined by the U.S. Department of Labor, Bureau of
Labor Statistics, Consumer Price Index for all Urban Consumers in the Minneapolis, St.
Paul metropolitan area. (Ref Ord. 592, 1102 and 11/7/00 Amendment)
Nothing in this provision shall be construed to impair any general obligation the City may
have in support of otherwise lawful indebtedness or similar obligation supported by the full
faith and credit of the City, provided, however, that long-term, general obligation
indebtedness shall not be used for the purpose of funding the routine and daily business
operations of the City. (Ref Ord 1152)
2. The City Council may also levy a tax against real and personal property within the City in
addition to said limit as defined in paragraph 1 provided the Council shall:
A. Adopt a resolution declaring the necessity for an additional tax levy and specifying
the purposes for which such additional tax levy is required.
Fridley City Charter Chapter 7
B. Hold a public hearing pursuant to three (3) weeks' published notice in the official
newspaper of the City setting forth the contents of the resolution described in
Subdivision A.
C. Adopt after such public hearing a resolution by an affirmative vote of a least four(4)
members of the Council which shall be presented as a clear and concise 'plain
language' ballot question at the next regular municipal election. (Ref. Ord. 592,
1102 and 11/7/00 Amendment)
D. The additional tax levy shall take effect if 51% of the votes cast at said election are
in favor of its adoption.
3. Any other fees created, or increased beyond the limits set forth in subsection 1, shall require
voter approval as stipulated in subsection 2.
A. For the purposes of this subsection, "fees" includes sales and use taxes,recycling
fees,gas and electric franchise fees and any other fee that produces a tax burden or
direct financial obligation for all property owners and/or residents of Fridley. (Ref
Ord 1152)
•
B. For the purposes of this subsection,the term"fees" does not include: Utility
charges,Parks and Recreation Department participation fees,charges for photo-
copying, sales of municipal liquor store products, or civil and criminal fines and
other charges collected in cases of restitution or violation of law or contract. The
term "fees" also does not include rental housing fees,building permit fees,liquor
license fees,the extension or transfer of cable television service authority to
additional service providers for which fees are already being charged,fees for the
operation of junk yards, annual license fees for the operation of pawn shops and
other regulated business, and any other charge for services, including health and
safety related Code enforcement, and other goods, services or materials routinely
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Fridley City Charter Chapter 7
provided by the City to its citizens or other members of the public which,by law,
must be limited to the actual cost of the service being provided. The term"fees"
shall not include any special assessments made under Minnesota Statutes Section
429. (Ref Ord 1152)
C. For the purposes of this subsection, "fee increase" includes a new tax or fee, a
monetary increase in an existing tax or fee,a tax or fee rate increase,an expansion
in the legal defmition of a tax or fee base,and an extension of an expiring tax or fee.
(Ref Ord 1152)
D. For the purposes of this subsection, "city" includes the city itself and all its
departments and agencies that are organized to exercise the "Powers of the City" as
defined in Chapter 1 of this Charter. "City" shall not include any body of
government owing its existence to separate constitutional or statutory authority
outside of the Charter,regardless of whether that other body of government has
jurisdiction or performs duties and services within the boundaries of the City. (Ref
Ord 1152)
E. For the purpose of addressing natural disasters this subsection does not apply to any
specific emergency measure authorized in Chapter 7, Section.08 (7.08). (Ref
11/7/00 Amendment)
Section 7.03. BOARD OF REVIEW.
The Council shall constitute a board of review and shall meet as such in the usual place for holding
Council meetings to equalize the assessed valuations according to law, and a published notice of
such meeting shall be given in the official newspaper of the City at least ten (10) days prior to the
day of said meeting. (Ref. Special Election 4/12/60,Ord. 592)
Section 7.04. PREPARATION OF ANNUAL BUDGET.
1. The City Manager shall prepare the estimates for the annual budget which shall include any
estimated deficit for the current year. The estimates of expenditures shall be submitted by
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Fridley City Charter Chapter 7
each department to the City Manager. Each estimate shall be divided into three (3) major
subdivisions as follows: (a) Salaries and Wages, (b) Ordinary Expenses, (c) Capital Outlay.
Salary detail shall show a list of all salaried officers and positions with salary allowance
and number of persons holding each. Wages shall be broken down in sufficient detail to
justify the request. Ordinary expenses shall be broken down into such detail as the City
Manager shall direct. Capital Outlay shall be itemized as to items and amounts. (Ref. Ord.
625)
2. In parallel columns shall be added the amounts 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 estimates of expenditures, the City
Manager shall prepare a detailed statement of revenues collected for the two (2) preceding
completed fiscal years with amounts estimated to be collected for the current fiscal year,
and an estimate of revenues for the ensuing fiscal year. The estimates shall be submitted o
the Council at its last regular monthly meeting in August and shall be published twice in
summary in the official Publication prior to November 15. (Ref. Ord. 625, Ord. 946)
Section 7.05. PASSAGE OF THE BUDGET.
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
estimates have been considered. The meetings shall be so conducted as to give interested
citizens a reasonable amount of time in which to be heard, and an opportunity to ask questions.
The budget estimates shall be read in full and the City Manager shall explain the various items
thereof as fully as may be deemed necessary by the Council. The annual 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
Council upon being adopted. It shall indicate the sums to be raised and from what sources, and
the sums to be spent and for what purposes, according to the plan indicated in Section 7.04. The
total sum appropriated shall not exceed the total estimated revenue. The Council shall adopt the
budget by resolution in accordance with State Law. The resolution shall set forth the total of the
budget and the totals of the major divisions of the budget, according to the plan indicated in
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Fridley City Charter Chapter 7
Section 7.04. The budget resolution as adopted shall be published in the official publication.
Section 7.06. ENFORCEMENT OF THE BUDGET.
shall be the duty of the City Manager to enforce strictly the provisions of the budget. The City
Manager shall not approve any order upon the City Treasurer for any expenditure unless an
appropriation has been made in the budget, nor for any expenditure covered by the budget unless
there is sufficient unencumbered balance left after deducting the total past expenditures and the sum
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. 857)
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.
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Fridley City Charter Chapter 7
Section 7.09. LEVY AND COLLECTION OF TAXES.
In accordance with Minnesota State Law,the Council shall levy by resolution the taxes necessary to
meet the requirements of the budget for the ensuing fiscal year. The City Clerk shall transmit to
the county auditor annually, not later than the date required by Minnesota Law, a statement of all
the taxes levied, and such taxes shall be collected and the payment thereof be enforced with and in
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 in that case the surplus shall go into
a suspense fund, and shall be used to reduce the levy for the ensuing year (Ref Ord. 625, Ord.
946)
Section 7.10. TAX SETTLEMENT WITH COUNTY.
The City Treasurer shall see to it that all moneys in the county treasury belonging to the City are
promptly turned over to the City according to law.
Section 7.11. DISBURSEMENTS,HOW MADE.
All disbursements shall be made only upon the order of the City Manager and City Clerk, duly
authorized by a resolution or motion of the Council, and every such order shall specify the purpose
for which the disbursement is made, and indicate the fund out of which it is to be paid. Each such
order shall be directed to the Treasurer, and the latter shall issue a check payable to the order of the
person in whose favor the order was drawn. The Treasurer shall issue no check upon any City
funds except upon such order. In the discretion of the Council the order and check may be a single
instrument. No claim against the City shall be allowed unless accompanied by either an itemized
bill, or a payroll, or time sheet, each of which shall be approved and signed by the responsible City
officer who vouches for the correctness and reasonableness thereof. The Council may by ordinance
make additional regulations for the safekeeping and disbursement of the City's funds. The Council
may by resolution or motion provide for the regular payment without specific individual
authorization by the Council of salaries and wages of regular employees, laborers,and fixed charges
which have been previously duly and regularly incurred.
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Fridley City Charter Chapter 7
Section 7.12. FUNDS TO BE KEPT.
There shall be maintained in the City Treasury the following funds:
A. A general fund for the payment of such expenses of the City as the Council may
deem proper. Into this fund shall be paid all money not provided herein or by statute
to be paid into any other fund.
B. A debt service fund, into which shall be paid all receipts from taxes or other sources
for the payment of principal and interest of all obligations issued by the City except
bonds issued on account of any local improvement to be financed wholly or partly
by special assessments and bonds issued on account of any municipally owned
utility. Out of this fund shall be paid the principal and interest of such obligations
when due. Any surplus in such fund not needed immediately for debt service may
be invested under the direction of the Council in such securities as are authorized by
statute for the investment of such funds and such investments may be liquidated at
any time.
C. A bond fund, into which shall be paid and disbursed the proceeds of all bonds
issued by the City except bonds issued on account of any local improvement to be
financed wholly or partly by special assessments and bonds issued on account of any
municipally owned utility: A separate bond account shall be kept for each issue of
such bonds.
D. A special assessment fund, which shall be used to finance local improvements that
are to be paid for, in whole or in part, from special assessments against benefited
property. There shall be paid into this fund: (1) collections of special assessments,
with interest, levied against benefited property; (2) proceeds of bonds or certificates
of indebtedness sold by the City in anticipation of assessment collections and the
proceeds of interfund loans; (3) amounts from other City funds representing either
(a) apportionments of costs against the City at large, (b)benefit assessments against
City property, or(c) appropriations to maintain the integrity of the fund. There shall
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Fridley City Charter Chapter 7
be paid out of this fund: (1) all expenses and costs of the improvement projects that
are financed through the fund; (2) the redemption of all special assessment fund
bonds and certificates of indebtedness, with interest, at or before maturity, and any
inter-fund loans; (3) transfers to the general fund of any unencumbered surplus of
the fund, in the discretion of the Council; and (4) abatements of assessments and
refunds of receipts in error. The Council shall maintain the integrity of this fund by
appropriations from tax funds if necessary, and in addition may by ordinance create
and maintain in the fund a cash reserve sufficient for working capital purposes. In
order to anticipate the collection of special assessments the Council may by a
majority vote issue and sell bonds and certificates of indebtedness, pledging the full
faith and credit of the City, or pledging only special assessments, in such amounts
and maturities as it may determine, regardless of the provisions of Section 7.16 of
this Chapter; provided that the aggregate amount of such bonds and certificates
outstanding at any time shall not exceed the sum of the following;
(1) all assessments levied and uncollected; (2) assessable cost of work in progress;
and (3) the cash reserve for working capital as previously determined by
ordinance. In order that the fund may be administered on a self-sustaining basis,
all improvement projects financed through it shall upon completion be certified
by the City Manager as to total cost, which shall thereupon be apportioned by
the Council either as assessments against benefited property or as amounts due
from other City funds. Amounts apportioned against other City funds shall be
due not later than the dates of adoption of the corresponding assessment rolls,
shall be charged interest as in the case of assessments and shall be paid into the
fund,with any interest due,not later than one(1)year after the due dates.
E. A public utility fund into which shall be paid all money derived from the sale of
bonds issued on account of any municipally owned utility and all money derived
from the sale of utility services, and from the sale of any property acquired for or
used in connection with any such utility. There shall be paid out of this fund the
cost of the purchase, construction, operation, maintenance and repair of such utility,
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Fridley City Charter Chapter 7
including the principal of and interest upon obligations which have been or shall be
issued on its account. Separate accounts within the public utility fund shall be kept
for all utilities which are operated separately.
F. In addition to the foregoing funds, there may be maintained in the City Treasury,
whenever the Council deems it advisable,the following funds:
(1) A working capital or revolving fund,for financing self-sustaining activities not
accounted for through other funds.
(2) A trust and agency fund, for the care and disbursement of money received and
held by the City as trustee or custodian or in the capacity of an agent for
individuals or other governmental units.
(3) Such other funds as may be required by statute or ordinance. In lieu of
establishing any of the three(3)foregoing types of funds, Subsections 1,2,and
3,the Council may provide for the recording of operations or activities for
which the use of such funds night be suitable through the maintenance of
separate accounts in any appropriate fund already established. The Council shall
have full power to make by duly adopted ordinance such interfund loans,except
from funds held under Subsection 2 hereof,as it may deem necessary and
appropriate from time to time
Section 7.13. RECEIPTS TO GO TO CITY TREASURER.
All receipts of money belonging to the City, or any branch thereof, excepting only those funds
collected by the County Treasurer, shall be paid to the City Treasurer by the person authorized to
receive the same. All such moneys, and also all moneys received upon tax settlements from the
County Treasurer, shall be deposited as soon as possible in a bank or banks approved by the City
Council, subject to state laws regulating the designation of depositories for municipal funds.
Section 7.14. ACCOUNTS AND REPORTS.
9
Fridley City Charter Chapter 7
The City Manager shall be the Chief Accounting Officer of the City and of every branch thereof,
and the Council may prescribe and enforce proper accounting methods, forms, blanks, and other '~
devices consistent with the law, this Charter and the ordinances in accord with it. The City
Manager shall submit to the Council a statement each month showing the amount of money in the
custody of the City Treasurer, the status of all funds,the amount spent or chargeable against each of
the annual budget allowances and the balances left in each and such other information relative to
the finances of the City as the Council may require. The Council may at any time and shall
annually provide for an audit of the City finances by a certified public accountant or by the
department of the State authorized to make examination of the affairs of municipalities. On or
before the first day of April in each year the City Manager shall prepare a complete financial
statement in form approved by the Council of the City's financial operations for the preceding
calendar year, and quarter, which statement may be published in such manner as the Council may
direct and a summary thereof shall be published in the official newspaper on or before the third
week in April, July,October and January as appropriate. (Ref. Ord. 625, Ord. 857)
Section 7.15. BONDED DEBT AND DEBT LIMIT.
1. In addition to all the powers in respect to borrowing and the issuance of bonds and other
obligations for the payment of money specifically or impliedly granted by this Charter, and
any amendments thereto, the City shall have all the powers in reference to these subject
matters granted to cities of its same class by the laws of the State of Minnesota in force
from time to time The City shall have the power to issue and sell its bonds to the State of
Minnesota and to comply with all provisions of law relative to loans to municipalities from
the.permanent State funds. The City shall also have such powers as are necessary to obtain
loans or funds from the Government of the United States and any of its instrumentalities or
from the State of Minnesota or any of its instrumentalities, and to comply with all
provisions of law relative to obtaining such loans or funds.
2. The Council by a vote of at least four (4) of its members may authorize the issuance of the
bonds to provide funds for any public purpose not prohibited by law, or may in its
discretion, by a majority vote of all of its members submit to the electorate propositions for
the issuance of such bonds. When such a proposition is submitted to the electorate, no
10
Fridley City Charter Chapter 7
bonds or other term obligations of the City may be issued except pursuant to a favorable
vote of a majority of those voting on the proposition of their issuance. By the proceedings
for the issuance of any bonds, by the terms of the bonds and by agreements with the
purchasers of bonds, they may be made special in character and limited in their payment to
earnings or to part earnings and part tax funds. To the extent that they are thus payable out
of earnings or other than tax funds, such bonds shall not be paid out of taxes. The total
bonded debt of the City at the time of the issuance of any bonds shall not exceed ten percent
(10%) of the last assessed valuation of the taxable property therein, or the limit authorized
by State law for cities of the same class,whichever is the greater,but in computing the total
bonded debt, certificates of indebtedness, bonds,warrants or other obligations issued before
or after adoption of this Charter shall not be included or counted if(1)held in a sinking fund
maintained by the City; or(2) issued for the acquisition,equipment, purchase, construction,
maintenance, extension, enlargement or improvement of street railways, telegraph or
telephone lines, water, lighting, heat and power plants, or either, or any other public
convenience from which a revenue is or may be derived,owned and operated by the City,or
.-� the acquisition of property needed in connection therewith,or for the construction of public
drainage ditches,storm and sanitary sewers, or for the acquisition of lands for streets,parks,
or other public improvements or for the improvement thereof, to the extent that they are
payable from the proceeds of assessments levied upon property especially benefited by such
improvements; or (3) issued for the creation of maintenance of a permanent improvement
revolving fund; or (4) for the purpose of anticipating the collection of general taxes for the
year in which issued. (Ref. Ord. 857)
Section 7.16. FORM AND REPAYMENT OF BONDS.
No bonds shall be issued to run for longer than the reasonable life expectancy of the property or
improvement for which the bonds are authorized, as ascertained and set forth in the resolution
authorizing such bonds, and in no case shall bonds be issued to run for more than thirty(30)years.
The purposes for which bonds are authorized shall be set forth in the resolution authorizing them
and the proceeds from such bonds shall not be diverted to any other purpose. It shall be the duty of
the City Manager to include in the budget estimates each year a sum or sums amply sufficient to
pay the principal of, and the interest on, any bonds which are to fall due in the coming fiscal year,
11
Fridley City Charter Chapter 7
and another sum sufficient to pay the interest for the same year on the Bonds which will be still
outstanding. It shall be the duty of the Council, enforceable by mandamus upon the suit of any
bondholder or taxpayer, to include such sum or sums as may be necessary for this purpose in the
annual budget which it passes. (Ref. Ord. 857)
- Section 7.17. DEBT AND TAX ANTICIPATION CERTIFICATES.
1. If in any year, the receipts from taxes or other sources should from some unforeseen cause
become insufficient for the ordinary expenses of the City,as provided for in the budget, or if
any calamity or other public emergency should subject the City to the necessity of making
extraordinary expenditures,then the Council may authorize the sale by the City Treasurer of
emergency debt certificates to run not to exceed eighteen(18)months and to bear interest at
not more than allowable by State Statutes. A tax sufficient to redeem all such certificates at
maturity shall be levied as part of the budget of the following year. The authorization of an
issue of such emergency debt certificates shall take the form of an ordinance approved by at
least four (4) of the members of the Council; the ordinance may, if deemed necessary, be
passed as an emergency ordinance. (Ref. Ord. 592) •
2. For the purpose of providing necessary moneys to meet authorized expenditures, the
Council may issue certificates of indebtedness in any year prior to the receipt of taxes
payable in such year, on such terms and conditions as it may determine,bearing interest at a
rate not more than allowable by State Statutes;provided that such certificates outstanding at
any one time shall not exceed forty percent(40%) of the tax levy payable in the current year
belonging to the fund for the benefit of which the borrowing is authorized. (Ref. Ord. 592)
Section 7.18. BONDS OUTSIDE THE DEBT LIMIT.
Without limit as to amount, the Council may issue bonds for legal purposes outside of the debt
limit: (a) for the creation and maintenance of a permanent improvement revolving fund, (b) for
extending, enlarging, or improving water supply system, lighting and heat and power plants, or
either, or other revenue-producing public utilities of whatever nature, owned and operated by the
City, or of acquiring property needed in connection therewith, (c) for public improvements payable ^
12
Fridley City Charter Chapter 7
from special assessments. The Council may also purchase equipment for street department, water
or sewer utility, or fire department use on conditional sale contracts, provided that the installment
payments do not extend beyond the estimated useful life of the equipment so purchased.
13
FRIDLEY CITY CHARTER
CHAPTER 8. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS
Section 8.01. THE CITY PLAN.
The present zoning and comprehensive plans shall be the plans for future physical development of
the City. Plans may be altered from time to time. To alter a zoning plan, the City Council shall
hold a public hearing,a. Notice shall be published fourteen (14) days prior to said hearing with Vii'
notices sent to affected property owners. It may include provisions for zoning, for the platting and
development of new areas, for the planning and location of public works of art, public buildings,
parks, playgrounds, bridges, transportation lines, and other public facilities, and for laying out,
improving streets and public places as well as all other matters which may seem essential to such a
plan.
Section 8.02.ENFORCEMENT OF CITY PLAN.
The Council shall have all necessary power, acting through the City Manager, to enforce complete
adherence by all persons to the plans adopted as provided above, and to adopt and enforce a
comprehensive zoning ordinance. The Council shall have power to pass ordinances to regulate the
use of private property,the height of buildings, and the proportion of the area of any lot which may
be built upon and to establish building lines. Such power shall be exercised to promote public
health, safety,morals,welfare and convenience.
Section 8.03. PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENTS.
The City shall have the power to make any and every type of public improvement not forbidden by
the laws of the State and to levy special assessments to pay for all such improvements as are of a
local character, in accordance with Minnesota State Statute Chapter 429, Local Improvements,
Special Assessments. The amounts assessed to benefited property to pay for such local
improvements may equal the cost of the improvements, including all costs and expenses connected
therewith,with interest,until paid,but shall not exceed the benefits to the property.
Section 8.04. LOCAL IMPROVEMENT REGULATIONS.
n The City Council may prepare and adopt a comprehensive ordinance, prescribing the procedure
which shall determine all matters pertaining to the making of local improvements thereafter, and
Fridley City Charter Section 8.
such ordinance shall supplant all other provisions of law on the same subject and may be amended
only by an affirmative vote of at least four(4) members of the City Council. Such ordinance shall
provide for such notice and hearing in the ordering of improvements and the making of assessments
therefore as shall be necessary to meet constitutional requirements. Such ordinance shall also
require a petition of a majority in number and interest of the owners of property to be assessed for
such improvement, or improvements, for the initiation thereof; provided that the City Council may
proceed upon its own initiative hereunder and under such ordinance by resolution adopted by
four/fifths (4/5) affirmative votes of the City Council after a proper notice and hearing. (Ref. Ord.
776)
•
Section 8.05. PUBLIC WORKS HOW PERFORMED.
1. Public works including all local improvements, may be constructed, extended, repaired or
maintained either by contract or directly by day labor. Before receiving bids the City
Manager shall,under the direction of the City Council have suitable plans and specifications
prepared for the proposed material or project and estimate of the cost thereof in detail. The
award of any contract amounting to more than - • - • •. . - - •, !,!!! what is
allowable under Minnesota state statutes, shall require an affirmative vote of at least four
(4) members of the City Council. When the best interest of the City will be served thereby,
the City Council may organize a public works department under competent supervision and
provided with suitable equipment. (Ref. Ord. 776)
2. The right is reserved to the City Council, upon the recommendation of an engineer, acting
through the public works department, to bid on any work to be let by contract. All contracts
shall be let to the lowest responsible bidder who is qualified in accordance with Minnesota
State Statutes. The term "lowest responsible bidder" shall be interpreted as giving the City
Council the right to accept any bid which it determines to be most advantageous to the City.
The City Council shall reserve the right to reject any or all bids in accordance with
Minnesota State Statute Chapter 429. The City shall require contractors to furnish proper
bonds for the protection of the City,the employees and material person. (Ref. Ord. 776)
�...,� FRIDLEY CITY CHARTER /it)
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.
Fridley Charter Chapter 10 Page 2
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)
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.
Fridley Charter Chapter 10 Page 3
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.
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
Fridley Charter Chapter 10 Page 4
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.
P•.‘
625)
FRIDLEY CITY CHARTER
CHAPTER 11. PUBLIC OWNERSHIP AND OPERATION OF UTILITIES
Section 11.01. CONSTRUCTION,ACQUISITION AND OPERATION OF UTILITIES.
The City shall have power to acquire public utilities as provided in Chapter 9 (Eminent Domain) of
this Charter and to build and construct such utilities as may be authorized by at least sixty percent
(60%)of the votes cast on the issue at a regular or special election.
For purposes of this section, public utilities shall include water works, district heating systems, gas,
light, power, heat, wireless or other communication services, or any other product or service the
public provision of which the City Council,by ordinance, shall determine to be in the interest of its
citizens. (Ref. Ord. 1100)
Section 11.02. RATES AND FINANCES.
Upon recommendations made by the City Manager, or upon its own motion,the Council shall have
n
the power to fix all rates and charges for all utilities provided by plants owned by the City,but such
rates and charges shall be just and reasonable. In like manner the Council may prescribe the time
and manner in which payments for all such services shall be made and make such other regulations
as may be necessary, and may prescribe penalties for violations of such regulations.
Section 11.03. PURCHASE IN BULK.
The Council may, in lieu of providing for the local production of gas, electricity, water and other
utilities,purchase the same in bulk and resell them to local consumers at such rates as it may fix.
Section 11.04. CITY TO PAY FOR SERVICES.
The Council shall make a reasonable charges,based on the cost of service,for lighting the streets
and public buildings, for supplying heat,power or any other utility,and charges for
supplying the City with water; an4 The City shall credit the same to the publicly owned utility
supplying the service. Such rentals and other charges for light,heat,power,water and other
services shall be collected in the same manner as from other consumers,unless the Council
provides some other plan.
Fridley City Charter—Chapter 11
Section 11.05. LEASE OF PLANT.
The Council may, if the public interest will be served thereby,contract with any responsible person,
co-partnership or corporation for the operation of any utility owned by the City,upon such rentals
and conditions as may be deemed necessary,but such contract shall be embodied in and let only by
an ordinance approved by an affirmative vote of at least(4)members of the Council. In no case
shall such contract be for a longer term than ten(10)years. The contractor shall be subject as far as
possible to the rules as to rates and service,and as to the Council control, laid down for the holders
of franchises in Chapter 10(Franchises and Public Utilities)of this Charter.
Section 11.06. PUBLIC UTILITY,HOW SOLD.
No public utility owned by the City, whether acquired prior to the adoption of this Charter or
thereafter, shall be sold or otherwise disposed of by the City,unless the full terms of the proposition
of said sale or other disposition thereof, together with the price to be paid therefore, shall be
embodied in an ordinance passed by an affirmative vote of at least four(4)members of the Council,
and submitted to the electorate at a general or special election and approved by at least sixty percent
(60%)of those voting thereon. (Ref. Ord. 857)
Section 11.07
MUNICIPAL UTILITY ORGANIZATIONS
1. The Council by majority vote may provide for the establishment of a separate department to
administer the utility function, including the regulation of privately owned and operated
utilities and the operation of municipally owned utilities. Such department shall keep
separate financial and accounting records for each municipally owned and operated utility
and prior to the first day of each fiscal year shall prepare a comprehensive report of each
utility in accordance with the City Manager's specifications. (Ref. Ord. 857)
2. The responsible department or officer shall endeavor to make each utility financially
self-sustaining, unless the Council shall by ordinance adopt a different policy. After
providing for depreciation accruals and amortization of bonds, and for reasonable
accumulation of surplus, the utility shall apply all annual profits above bond interest to rate
reductions, particularly for promotion of utilization and for advancement of the economic
Page 2
. Fridley City Charter—Chapter 11
■••■ and social interests of other municipal functions and shall not be used directly or indirectly
as a general revenue-producing agency for the City,but it may pay to the City such property
\ 0 NI, and other taxes as are normally placed upon private business enterprises.
C Section 11 A8. COMMISSION AT DISCRETION OF COUNCIL ,
cam- ;� ,�.e_ -17c a.{i init, ;r 44A ) c 126.G 4, of t i'✓c .-Plu .,ref'
�'�
The commission's membership, organization, rules and regulations, officers, salary, jurisdicti n 1 1 k
powers, disbursements, reports and abolition of the commission will be at the discretion of the
Council by a majority vote. j. , , t' .
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f _ y , _d c l`+.4, , ;- yi . . L "..9.A
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Page 3
FRIDLEY CITY CHARTER
CHAPTER 12. MISCELLANEOUS PROVISIONS
Section 12.01. OFFICIAL PUBLICATIONS.
The Council shall regulate by ordinance, subject to the requirements of this Charter, the
manner in which official publicity shall be given to the holding of elections, ordinances,
resolutions, requests for bids upon contemplated purchases and contracts, and all other matters
whatsoever which require publication either by the provisions of this Charter or by the laws of
Minnesota. It shall annually designate a legal newspaper of general circulation in the City as the
official newspaper in which shall be published such measures and matters as are by the laws of this
State and this Charter required to be so published, and such other matters as the Council may deem
gi-
it advisable and in the public interest to have published in this manner. The Council may in its
discretion, in addition to the publications required by this Charter, provide for the publication
frdmances llikiAD important city information including the annual budget," , resolutions,
election notices, and such other measures and matters as it may deem wise.; It shall be done by
r.
mailing or posting of��11.014g10410-printed copies thereof upon bulletin boards p -
located in public places of the City in such number and for such period of time as the Council may •■ L'1
direct in each case. In addition, the city council may use electronic means for publication. (A
Nothing herein contained shall be construed as authorizing or attempting to authorize any violation
of the Constitution or the Statutes of the State in any matter which is of State concern or which is
exclusively under State control.
Section 12.02. PUBLICITY OF RECORDS.
All records and accounts of every office, department or agency of the City shall be open to
inspection . ., -.;._ - ., . - .. , ' • _ ' . _ ... _. •. . ., . - • - -
. . .. . .. _ .. . i v ii
-_ -. , .. , .. -. - .. , . . . ._ : • - in accordance with the
Minnesota Government Data Practices Act.
n
Page 1
Fridley City Code—Chapter 12
Section 12.03. OATH OF OFFICE.
Every officer of the City shall, before entering upon the duties of the office, take and
subscribe an oath of office in substantially the following form: "I do solemnly swear(or affirm)to
support the Constitution of the United States and of the State of Minnesota and to discharge
faithfully the duties devolving upon me as (Mayor, or Councilmember, or City Manager, etc.) of
this City to the best of my judgement and ability." (Ref. Ord. 857)
Section 12.04. CITY OFFICERS NOT TO ACCEPT FAVORS OR CONTRACTS.
No member of the City Council or employee of the City shall solicit or receive any pay,
commission, money,thing of value, or derive any profit, directly or indirectly, from or by reason of,
any improvement, alteration or repair required by authority of the City, or any contract to which the
City shall be a party, except lawful compensation, including authorized expenditures, or salary as
such member of the City Council or as such employee. No member of the City Council or
employee of the City, except as otherwise provided in this Charter, or by law, shall solicit,accept or
receive, directly or indirectly, from any public utility corporation or the owner of any public utility
or franchise, any pass, frank, free ticket, free service, or any other favor,upon terms more favorable n
than those granted the public generally. A violation of any of the provisions of this Section shall
disqualify the offender, if found guilty, from continuing in office or in the employment of the City,
and the offender shall be removed therefrom. Any contract with the City in which any member of
the City Council or employee of the City is, or becomes, directly or indirectly interested personally
shall be voidable at the option of the Council; and any money which shall have been paid on such
contract by the City may be recovered from any or all of the persons interested therein by joint or
several action. (Ref. Ord. 857)
Section 12.05. OFFICIAL BONDS.
The offices of City Manager, the City Clerk and City Treasurer and such other officers or
employees of the City, as may be provided for by ordinance, shall each, before entering upon the
duties of their respective offices or employment, give a corporate surety bond to the City in such
form and in such amount as may be fixed by the Council as security for the faithful performance of
their respective official duties and the safekeeping of the public funds. Such bonds shall be
approved by the City Council and approved as to form by the City Attorney. They shall be filed
Page 2
Fridley City Code—Chapter 12
with the Secretary of the Council. In the event the Secretary of the Council holds more than one(1)
office by appointment, the Secretary's bond or bonds shall be filed with the Mayor. The provisions
of the laws of the State relating to official bonds, not inconsistent with this Charter, shall be
complied with. The premiums on the corporate surety bonds hereinbefore provided for shall be
paid by the City. (Ref. Ord. 857)
Section 12.06. SALES OF REAL PROPERTY.
No real property of the City shall be sold or disposed of except by ordinance. The proceeds
of any such sale shall be used as far as possible to retire any outstanding indebtedness incurred by
the City in the purchase, construction, or improvement of this or other property used for the same
public purpose; but if there be no such outstanding indebtedness, then the Council may by a
resolution adopted by an affirmative vote of at least four (4) members of the Council designate
some other public use for such proceeds.
Section 12.07. VACATION
OF STREETS.
The Council shall have the exclusive power, by resolution passed by a vote of at least four
(4) members of the Council, to vacate or discontinue highways, streets, easements, and alleys
within the City. Such vacations may be made only after notice and hearing of affected property
owners, and upon such further terms and by such procedure as the Council may by ordinance
prescribe. A record of each such vacation shall be filed in the office of the Anoka County
Recorder. (Ref. Ord. 592,Ord. 1090)
Section 12.08. DAMAGE SUITS. •
1. No action shall be maintained against the City on account of any injuries or damages to
persons or property, unless such action shall be commenced within one (1) year from the
occurrence of such injury or damage, nor unless notice shall have been given in writing as
required by Minnesota Statutes. (Ref. Ord. 873)
2. No action shall be maintained against the City on account of injuries or damages to persons
or property resulting from or caused by any accumulation or deposit of ice or snow on any
public street, sidewalk,building,or place.
Page 3
Fridley City Code—Chapter 12
Section 12.09. RECOVERY OF JUDGEMENT FOR DAMAGES.
If any judgement shall be recovered in any action against the City for any injury or damage
caused by any obstruction, excavation, opening or defect in any street or alley or public ground
caused or occasioned by the act or omission of any person or corporation, the City shall have the
right to recover the amount of any such judgement from the person or corporation so responsible for
such obstruction, excavation, opening or defect; and such person or corporation is hereby declared
to be liable to the City in the amount of such damages, provided, however,the City shall give such
person or corporation notice of any claim for such injury or damage and of any action to recover for
the same and shall give such person or corporation the right and reasonable opportunity to defend
such action.
Section 12.10. CITY TO SUCCEED TO RIGHTS AND OBLIGATIONS OF FORMER
MUNICIPALITY
The City of Fridley shall remain vested with and continue to have, hold and enjoy all
property, property rights, rights of action, and rights of every kind, privileges and immunities now
belonging to or pertaining to the Village of Fridley, and shall be subject to all liabilities which exist n
against said Village on the effective date of this Charter.
Section 12.11. APPLICATION OF GENERAL LAWS.
All general laws and statutes of the State applicable to all cities operating under home rule
Charters, or applicable to cities of the same class as the City of Fridley operating under home rule
Charters, and not inconsistent with the provisions of this Charter, shall apply to the City of Fridley
and shall be construed as supplementary to the provisions of this Charter. The City shall have all
powers and authority granted by the laws of the State to municipalities to acquire property or
exercise authority or powers beyond the corporate limits. All powers by this Section conferred
shall be exercised conformably to this Charter so far as may be possible, and such authority and
power shall not authorize the City to incur any bonded debt beyond the limitations, or in any other
manner than authorized by this Charter.
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Fridley City Code—Chapter 12
,,—., Section 12.12. EXISTING ORDINANCES, REGULATIONS, BOARDS AND COMMISSIONS
CONTINUED
All ordinances, regulations, boards and commissions of the municipality in force and
existing when this Charter takes effect, and not inconsistent with the provisions hereof, are hereby
continued in full force and effect until amended,repealed,vacated or abolished.
Section 12.13. PENDING CONDEMNATIONS AND ASSESSMENTS.
Any proceeding for condemnation for public improvement or assessment in progress when
this Charter takes effect shall be continued and completed under the laws under. which such
proceedings were begun. All assessments made by the Village prior to the time when this Charter
takes effect shall be collected and the lien thereof enforced in the same manner as if this Charter
had not been adopted.
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